ML20195C041

Motion for Summary Disposition of Kensington Contention 7 & New England Coalition on Nuclear Pollution Contention RERP-12,based on WT Wallace Affidavit Assuring Availability of Radioprotective Drugs for Emergency Workers & Others

ML20195C041
Person / Time
Site:	Seabrook
Issue date:	05/20/1986
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20195B803	List: ML20195B799 ML20195B811 ML20195B815 ML20195B826 ML20195B835 ML20195B848 ML20195B876 ML20195B886 ML20195B899 ML20195B924 ML20195B939 ML20195B945 ML20195B951 ML20195B956 ML20195B969 ML20195B985 ML20195B992 ML20195C010 ML20195C017 ML20195C022 ML20195C033 ML20195C041
References
RTR-NUREG-0654, RTR-NUREG-654 OL, NUDOCS 8605290640
Download: ML20195C041 (4)

Text

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Dated: May 20, 1986

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION s2/

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v ATOMIC SAFETY AND LICENSING BOARD E' t- $

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) J glb i l In~the Matter of )

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l PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443-OL l NEW HAMPSHIRE, et al. ) 50-444-OL

) Off-site Emergency

.(Seabrook Station, Units 1 and 2 ) Planning Issues

)

)

APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION OF KENSINGTON CONTENTION NO. 7 AND NECNP CONTENTION NO. RERP-12

Pursuant to 10 CFR $ 2.749, on the basis of the r

Affidavit of William T. Wallace re Kensington Contention No. 7 and NECNP Contention RERP-12 and the undisputed' facts l- set forth in the attachment hereto, and for the reasons set forth below, the applicants move the Board to enter a l

decision summarily disposing of Kensington Contention No. 7 i

and NECNP Contention No. RERP-12 in applicants' favor.

REASONS FOR GRANTING l THE MOTION Kensington Contention No. 7 as submitted read as

follows:

! "The December 1985 draft radiological l emergency response plan for the Town of

[ Kensington does not provide reasonable l

8605290640 860520

PDR ADOCK 05000443 l G PDR i

, ~ _ .-- _- - -- -- _ ~. . - _ . .-.

-7 assurance that adequate protective actions have been developed for emergency workers and the public, as required by 10 CFR $ 50.47(b)(10),

because there are.no provisions for the use of radiopretective drugs or respiratory equipment for emergency workers and institutionalized persons within the plume exposure."

This Board's ruling on the contention was to admit the contention but limited "to emergency workers and institutionalized persons." Memorandum and Order (April 29, 1986) at 20.

NECNP's Contention RERP-12 as submitted read:

"The New Hampshire RERP does not provide for radioprotective drugs for institutionalized persons within the EPZ, as required by NUREG-0654, 6 II.J.lO.e. Nor does it consider the circumstances under which radioprotective drugs should be administered to.the general public, as required by 6 II.J.10.f."

This too was " admitted as limited only to provision of radioprotective drugs for institutionalized persons and emergency workers within the EPZ" (emphasis in original).

Memorandum and order (April 29, 1986) at 62.

'The affidavit of William T. Wallace filed herewith makes clear that the New Hampshire Radiological Emergency Response Plan has been revised to fully provide for predistribution and administration as necessary of radioprotective drugs to emergency workers and institutionalized persons and sets out procedures for decisionmaking and administration of drugs.

This brings the plan into full compliance with the

s i

evaluation criteria set out in NUREG-0654 6 J.10.e and

$ J.10.f.

By their attorneys,

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Thomas G. Digfian, Jr.

R. K. Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100

/

4 STATEMENTS OF MATERIAL FACTS AS TO WHICH THERE IS NO DISPUTE

1. Revised 9 2.7.3 of the New Hampshire Radiological

-Emergency Response Plan (NHRERP) provides for the predistribution and administration of radioprotective drugs (potassium iodide) to emergency workers and (with concurrence of attending physicians) to institutionalized persons (and their necessary attendants).

2. New Hampshire Department of Public Health Services Procedures establish the decision criteria and administrative mechanics for authorizing administration of potassium iodide.

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