ML20210L413

Response to Contentions of Town of Hampton,Nh Re Revised Radiological Emergency Response & Compensatory Plans. Certificate of Svc Encl

ML20210L413
Person / Time
Site:	Seabrook
Issue date:	04/24/1986
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	HAMPTON, NH
References
CON-#286-943 OL, NUDOCS 8604290327
Download: ML20210L413 (6)

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Dated:

April 24, 1986 i-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g

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P-ATOMIC SAFETY AND LICENSING BOA y

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'l ' 9 In~the Matter of

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PUBLIC SERVICE COMPANY OF

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Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.

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50-444-OL

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Off-site Emergency (Seabrook Station, Units 1 and 2

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Planning Issues

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APPLICANTS' RESPONSE TO CONTENTIONS OF THE TOWN OF HAMPTON TO REVISED RADIOLOGICAL EMERGENCY RESPONSE PLAN AND TO COMPENSATORY PLAN FOR THE TOWN OF HAMPTON, NEW HAMPSHIRE Introduction and General Objection Under date of April 14, 1986, the Town of Hampton

("Hampton") filed " Contentions to Revised Radiological Emergency Response Plan and to Compensatory Plan for the Town of Hampton" ("Hampton Contentions").

In the Hampton Contentions there is a reallegation of Contentions I,

III, IV, VII; revised Contentions IV, VI and VIII and a new

. Contention IX.

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4 This filing is bereft of any showing of.any kind for late filedLeontentions in conformity with 10 CFR i 2.714(a)(1).

The intervenor has the burden of satisfying

- the standards'for late intervention.

Duke Power Co.

(Perkins Nuclear Power Station, Units 1, 2 and 3), ALAB-615, 12 NRC 350, 352 (1980).

And the Board has no duty to

' speculate upon what arguments the intervenor might have made had it attempted _to make the requisite showing.

Boston Edison Co. (Pilgrim Nuclear Power Station), ALAB-816, 22 NRC 461, 466-68_(1985).

It may be that this burden, in fact, would not have been difficult to carry;.but Hampton has not even made the attempt.

Thus, while we address the contentions individually below, we submit that all of the contentions in the Hampton Contentions should be rejected for failure to comply with 10 CFR S 2.714(a)(1).

CONTENTIONS I-III, V,

VII 4

Hampton states:

"The Contentions'I-III, V,

and VII previously filed by the Town of Hampton with'this Bor.rd on the original Hampton RERP, and bases for same, are hereby realleged and incorporated by reference herein."

Applicants rely on their previous reply to these contentions as reasserted.

These contentions have been once rejected by the Board, Memorandum and Order of April 1, 1986 at 2.

They should be again.

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REVISED CONTENTION IV

f Hampton's revised Contention IV is:

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"The Revised Hampton RERP and Compensatory Plan fail to provide adequate emergency equipment to support an evacuation in the event cf a radiological emergency.

10 CFR $ 50.47 (8)."

Applicants have no objection to Hampton substituting the revised language for the original Hampton Contention IV, to which Applicants had no objection.

REVISED CONTENTION VI Hampton's revised contention is:

"The Revised Hampton RERP fails to demonstrate that local personnel are available to respond and to augment their initial response on a continuous basis in the event of radiological emergency.

10 CFR S 50.47 (b) (1)."

Applicants have no objection to Hampton substituting the revised language for the original Hampton Contention VI to which Applicant had no objection.

REVISED CONTENTION VIII Revised Contention VIII is:

"The Revised Hampton RERP and Compensatory Plan fail to provide for adequate emergency facilities to an(sic) support emergency response.

10 CFR S 50.47 (8)."

This contention is identical to the old contention VIII which the Board has admitted in the Memorandum and Order of April 1, 1986 except that the words " Revised Hampton RERP and Compensatory Plan" are substituted for "Hampton RERP" in the original.

In light of the Board's ruling on this prior contention, the Applicants will not reargue the objections

.it made to the original.

CONTENTION IX The new Hampton Contention IX is:

"The Town of Hampton hereby joins in and incorporates by reference herein those additional contentions on the New Hampshire Compensatory Plan previously filed by the Seacoast Anti-Pollution League with this Board, and dated April 8, 1986."

Applicants rely upon their response to the cited SAPL contentions in response to Hampton Contention IX.

Respectfully submitted, W)$- wj r Thomas G.

Dignah, Jr.

R. K.

Gad, III Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 (617) 423-6100 Counsel for Applicants i,

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u 11 SER 2 3 p'ug, CERTIFICATE OF SERVICE TA r;._

I, Thomas G. Dignan, Jr.,

one of the attorneys fo &thhb U'

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. Applicants herein, hereby certify that on April 24, 1 6)

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made service of the within document by mailing copies 'N (/p' /s.

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thereof, postage prepaid, to:

L Administrative Judge Helen Hoyt Stephen E. Merrill, Esquire Chairperson Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S.-Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 I

Dr. Emmeth A.

Luebke Dr. Jerry Harbour

. Atomic Safety and Licensing Atomic Safety and Licensing 4

Board Panel Board Panel U.S. Nuclear Regulatory U.S.

Nuclear Regulatory 4

Commission Commission Washington, DC 20555 Washington, DC 20555 Stanley W.

Knowles, Chairman Richard A. Hampe, Esquire Board of Selectmen Hampe and McNicholas P.O.

Box 710 35 Pleasant Street North Hampton, NH 03862 Concord, NH 03301

' Diane Curran, Esquire Sherwin E. Turk, Esquire Harmon & Weiss Office of the Executive Legal Suite 430 Director 2001 S Street, N.W.

U.S.

Nuclear Regulatory Washington, DC 20009 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A.

Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116-Lowell Street Commission P.O.

Box 516 Washington, DC 20555 Manchester, NH 03105 Atomic Safety and Licensing Mr. Ed Thomas

' Board Panel FEMA, Region I U.S.

Nuclear Regulatory 442 John W. McCormack Post Commission Office and Court House Washington, DC 20555 Post Office Square Boston, MA 02109 I

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' Paul McEachern, Esquire Carol S.

Sneider, Esquire Matthew T. Brock, Esquire Assistant Attorney General

'Shaines=& McEachern Department of the Attorney General 25 Maplewood Avenue One Ashburton Place, 19th Floor P.O. Box 360 Boston, MA 02108 Portsmouth, NH 03801 Gary W. Holmes, Esquire Mr. Peter J. Matthews Holmes & Ells.

Mayor-47 Winnacunnet-Road' City Hall Hampton, NH 03841-Newburyport, MA 01950 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angie Machiros U.S.

Senate.

Chairman of the Washington, DC 20510 Board of Selectmen

-(Attn:

Tom Burack)

Town of Newbury Newbury, MA 01950 Senator Gordon J. Humphrey Mr.

J. P.

Nadeau 1 Pillsbury Street Selectmen's Office e

Concord, NH 03301 10 Central Road (Attn:

Herb Boynton)

Rye, NH 03870 4

Mr. Donald E. Chick Mr. William S.

Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 H.

Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RED Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.

Washington, DC 20472 Philip Ahrens, Esquire Assistant Attorney General Department of the Attorney General Augusta, ME 04333 r

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Thomas G.

Digr.afi,' Jr. i -

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