ML20246P679

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Responds to Questions in Re Liability & Responsibility Requirements Under Price-Anderson Act.State of Ma Civil Defense Agency or FEMA Should Be Contacted Re Draft Implementing Procedures for Duxbury,Ma
ML20246P679
Person / Time
Site: Pilgrim
Issue date: 05/02/1989
From: Knapp M
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Dinan M
AFFILIATION NOT ASSIGNED
Shared Package
ML20246P681 List:
References
NUDOCS 8905220259
Download: ML20246P679 (2)


Text

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. , MAY 0 2 1989 Ms. Mary R. Dinan 15 Jeremiah Drive Duxbury, Massachusetts D2332

Dear Ms. Dinan:

I am responding to the issues raised by you in your letter of April 16, 1989 to Mr. William Russell, Regional Administrator. You have raised questions regarding liability and. responsibility in letters dated February 23, 1989, April 3,1989 and April 16, 1989, and have received responses from Dr. Ronald Bellamy of my staff on March 15, 1989 and from William Russell on April'11,

'1989 regarding these issues. I regret that you are disappointed in these responses. Unfortunately, there simply are no precise answers to your questions. If an emergency arises and questions of liability occur, the facts and laws that pertain to that particular situation will dictate the answers. .

In your April'16 letter, you asked whether a homeowner or a bank holding a mortgage would first gain control of funds allocated to a property from the Price-Anderson Act. I have consulted with the NRC's legal staff.. In our opinion, it is most likely that such funds would be distributed to'the property owners, and_ ultimately entities or persons with liens on those properties, be it a mortgage or some other type of lien, would then assert an interest in the dispersed funds in accordance with the laws of a specific state.

As you mention in the opening paragraph of your letter, Pilgrim declared an unusual Event on April 16, 1989. This event was declared when the licensee determined that they could not restore a system to operability within the time limits prescribed in their technical specifications. This declaration was timely and conservative and off-site notifications were made promptly.

The NRC has no comment on your assessment of the draft implementing procedures for Duxbury. NRC is aware of the status and scope of these implementing procedures and of the methods used for their development. NRC will participate in a formal review of the procedures with FEMA when they have been forwarded by the Town of Duxbury. We have been advised by the Duxbury Town Manager that all official communications and/or reports regarding the status of emergency planning for Duxbury will be sent under the signature of the Chairman of the Board of Selectmen, the Town Manager or the Civil Defense Director.

I recommend that if you have further questions that you contact your Civil l Defense Director, the Massachusetts Civil Defense Agency or the Federal Emergency Management Agency.

l Sincerely, l-l Original Signed By:

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Malcolm R. Knapp, Director Division of Radiation Safety and Safeguards ( l M9J

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Chairman, Bridgewater Board of Selectmen

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. Chairman, Kingston Board of Selectmen Chairman, Marshfield Board of Selectmen

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. Plymouth Civil. Defense Direct?r j

P. Agnes, Assistant Secretary of Public Safety, Commonwealth of Massachusetts K

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0FFICIAL RECORD COPY

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