ML20238D322
| ML20238D322 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 12/24/1987 |
| From: | Berry G NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#188-5249 OL-1, NUDOCS 8801040203 | |
| Download: ML20238D322 (7) | |
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DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 17 EC 30 P8 59 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL kbkhEIb bbNibf.
onANCH In the Matter of
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Docket Nos. 50-443 OL-1
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50-444 OL-1 PUBLIC SERVICE COMPANY OF
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Onsite Emergency Planning
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and Safety issues (Seabrook Station, Units 1 and 2)
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NRC STAFF MOTION FOR EXTENSION OF TIME TO RESPOND TO THE MASSACHUSETTS ATTORNEY i
GENERAL'S MOTION TO REOPEN i
THE RECORD AND ADMIT LATE-FILED CONTENTION i
i Gregory Alan Berry Counsel for NRC Staff I
December 24, 1987 8801040203 871224 DR ADOCK 050 3
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s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD in the Matter of
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Docket Nos. 50-443 OL-1
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50-444 OL-1 PUBLIC SERVICE COMPANY OF
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Onsite Emergency Planning NEW HAMPSillRE, et al.
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and Safety issues
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(Seabrook Station, Units 1 and 2)
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l NRC STAFF MOTION FOR EXTENSION OF TIME TO RESPOND TO THE MASSACHUSETTS ATTORNEY GENERAL'S MOTION TO REOPEN THE RECORD AND ADMIT LATE-FILED CONTENTION 1.
INTRODUCTION On November 13, 1987, the Massachusetts Attorney General filed a motion to reopen the record and admit his late-filed contention which asserts that Applicants' emergency alert siren system for the City of Newburyport, Massachusetts falls to comply with the requirements of 10 C.F.R. 6 50.47(d)(5).
Pursuant to the Appeal Board's order of November 25, 1987, the Staff was directed to respond to the Attorney General's motion by Decem-ber 28, 1987.
For the reason set forth below, the Staff requests an extension of time until January 18, 1987 to file its response.
II. DISCUSSION The late-filed contention proffered by the Attorney General alleges that due to the removal by Newburyport officials of six of the eight emergency alert sirens, Applicants are unable to comply with 10 C.F.R. 6 50.47(d)(5).
Applicants have taken the position that the Attorney General's motion should
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3 be denied because it does not raise a significant safety issue as required by 10 C.F.R. 5 2.734(a').
Specifically, Applicants argue that there exists alternative' means of providing early notification and instruction to the people of Newburypcrt in the event of an emergency.
See Applicant' Opposition To i
Motion Of Attorney General For The Commonwealth Of Massachusetts To Reopen The Reco.d And Admit Late-Filed Contention at 4-6 (December 18,1987).
The alternative means relied ~ upon by Applicants include the use of sirens situated in neighboring communities and a " helicopter carrying acoustical packages able to deliver both siren signals and voice messages." _i d.
The additional time requested by the Staff is needed to review and evaluate the information regarding these alternative means which has only recently been made available to the Staff.
Staff counsel is advised by the Emergency Preparedness Branch of the Office of Neclear Reactor Regulation that it presently estimates that it will be able to complete -its review of the
- Applicants' submittal, which is in part based upon the use of helicopters for notification in the Newberryport area, in three weeks.
Until this review has been completed, the Staff will be unable to take a position as to whether the Attorney General's motion presents, inter alla, a "significant safety issue" warranting a reopening of the record.
Accordingly, the Staff requests an extension of time until January 18, 1987 to respond to the Attorney General's motion to reopen the record to admit his late-filed contention.
Ill.
CONCLUSION For. the reasons stated herein, the Appeal Board should grant the Staff's motion for an extension of time until January 18, 1987 to respond to the
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. r Massachusetts Attorney General's motion to reopen the record to admit his late-filed contention..
Respectfully submitted, A. & -Y:
9 Gregory Alan Berry Counsel for NRC Staff Dated at Bethesda, Maryland this 214th day of December 1987
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DOCKETED UdNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION.87 EC 30 P8:59 l
BEFORE THE ATOMIC SAFETY AND LICENSING APFtJiALcBOARD.iie 00LhtI tdVICL in the Matter of
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Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF
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50-444 OL-01 NEW HAMPSHIRE, et al.
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On-site Emergency Planning
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and Safety issues l
(Seabrook Station, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION FOR EXTENSION OF TIME TO RESPOND TO THE MASSACHUSETTS ATTORNEY GENERAL'S MLTION TO REOPEN THE RECORD AND ADMIT LATE-FILED CONTENTION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mall system or, as indicated by double asteriskss, hand delivery, this 24th I
day of December 1987.
Sheldon J. Wolfe, Esq., Chairman
- Dr. Emmeth A. Luebke Administrative Judge Administrative Judge Atomic Safety and Licensing 5500 Friendship Boulevard Board Apartment 1923N U.S. Nuclear Regulatory Commission Chevy Chase, Maryland 20815 Washington, DC 20555 Ms. Carol Sneider, Esq.
Dr. Jerry Harbour *
~ Assistant Attorney General Administrative Judge Office of the Attorney General Atomic Safety and Licensing One Ashburton
- Place, 19th "loor Board Boston, MA 02108 U.S. Nuclear Regulatory Commission Washington, DC 70555 Richard A. Hampe, Esq.
New Hampshire Civil Defense Agency Beverly Hollingworth 107 Pleasant Street
-209 Winnacunnet Road Concord, NH 03301 Hampton, NH 03842 Sandra Gavutis, Chairman Calvin A.
- Canney, City Manager Board of Selectmen City Hall RFD 1 Box 1154 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801 Stephen E. Merrill Paul McEachern, Esq.
Attorney General Matthew T. Brock, Esq.
I!
George Dana Bisbee Shaines & McEachern Assistant Attorney Ge'neral 25 Maplewood Avenue Office of the Attorney General P.O. Box 360 25 Capitol Street Portsmouth, NH 03801 Concord, NH 03301 Roberta C. Pevear Angle Machiros, Chairman State Representative Board of Selectmen Town of Hampton Falls 25 High Road Drinkwater Road Newbury, MA 09150 Hampton Falls, NH 03844 Allen Lampert Mr. Robert J. Harrison Civil Defense Director President and Chief Executive Officer Town of Brentwood Public Service Co. of New Hamnshire 20 Franklin Street P.O. Rox 330 Exeter, NH 03833 Manchester, NH 03105 Charles P. Graham, Esq.
Robert A. Backus, Esq.
McKay, Murphy and Graham Backus, Meyer & Solomon 100 Main Street 116 Lowell Street Amesbury, MA 01913 Manchester, NH 03106 Diane Curran, Esq.
Philip Ahren, Esq.
Harmon & Weiss Assistant Attorney General 2001 S Street, NW Office of the Attorney General Suite 430 State House Station #6 Washington, DC 20009 Augusta, ME 04333 Edward A. Thomas Thomas G. Dignan Jr., Esq.
Federal Emergency Management Agency Ropes S Gray 442 J.W. McCormack (POCH) 225 Franklin Street Boston, MA 02109 Boston, MA 02110 H.J. Flynn, Esq.
William Armstrong Assistant General Counsel Civil Defense Director Federal Emergency Management Agency Town of Exeter 500 C Street, SW 10 Front Street Washington, DC 20472 Exeter, NH 03833 Atomic Safety and Licensing Atomic Szfety and Licensing Appeal Panel **
Board
- U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Jane Doughty Docketing and Service Section*
Seacoast Anti-Pollution League Office of the Secretary 5 Market Street U.S. Nuclear Regulatory Commission Portsmouth, NH 03801 Washington, DC 20555
.L 3-Maynard L. Youna, Qhairman William S. Lord Board of Selectmen Board of Selectmen 10 ' Central Road Town Hall - Friend Street South Hampton, NH 03287 Amesbury, M A 01913 Michael Santosuosso, Chairman Peter J. Matthews, Mayor Board of Selectmen City Hall South Hampton, N H 03287 Newburyport, M N 09150 Mr. Robert Carriqq, Chairman Judith H. Mizner, Esq.
Board of Selectmen Silveralate, Gertner, Baker Town Office Fine and Good Atlantic Avenue 88 Broad Street North Hampton, N H 03862 Boston, M A 02110 t
R. K. Gad III, Esq.
M rs.
Anne E.
- Goodman, C hairma n Ropes & Gray Board of Selectmen 225 Franklin Street 13-15 Newnarket Road Roston, M N 02110 Durham, NH 03824 Gary W. Holmes, Esq.
Holmes & Ellis 47 Winnacunnet Road Hampton, N H 03842 Edwin J. Reis/
Deputy Assi ant General Counsel i
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