ML20054J349

Response to Sun Valley Assoc 820615 Further Amend of Petition for Leave to Intervene.Contention 1 Should Be Rewritten to Eliminate Ref to NUREG-0654.Contention 2 Should Be Excluded.Certificate of Svc Encl

ML20054J349
Person / Time
Site:	Seabrook
Issue date:	06/21/1982
From:	Dignan T, Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8206280523
Download: ML20054J349 (5)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .

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before the ATOMIC SAFETY AND LICENSING BOARD s

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In the Matter of )

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

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(Seabrook Station, Units 1 & 2) )

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APPLICANTS' RESPONSE..TO "FURTHER AMENDMENT OF PETITION FOR LEAVE TO INTERVENE OF SUN VALLEY ASSOCIATION" On June 15, 1982 Sun Valley Association (SVA) filed a "Further Amendment of Petition for Leave to Intervene." By

.this amendment SVA seeks to amend its contentions by striking all of those previously filed and substituting therefore two stated contentions. Applicants respond to -

this latest pleading as follows:

SVA's first proposed contention is: ,

"1. The Seabrook Station off-site emergency planning does not comply with applicable provisions

of 10 CFR Section 50.47, 10 CFR Section 50, Appendix E and NUREG-0654"

. Applicants object to this contention only-insofar as it includes a reference to NUREG-0654. NUREG-0654 is not a i

92062805Z3 820621 PDR ADOCK 05000443 0 PDR )$D3

regulation and compliance with it is unnecessary for that reason. An applicant need only demonstrate compliance with the regulations. Maine Yankee Atomic Power Co. (Maine Yanker Atomic Power Station), ALAB-161, 6 AEC 1003 (1973),

affirmed, CLI-74-2, 7 AEC 2, affirmed sub nom. Citizens for Safe Power v. NRC, 524 F.2d 1291 (D.C. Cir. 1975); NRC Policy Statement, 45 F.R. 41738 (June 20, 1980).

SVA's second contention is:

"2. Off-site emergency planning based upon existing egress routes cannot reasonably ensure the safe removal of the local populace in the event of a nuclear accident. The cornerstone of an evacuation plan which might be deemed adequate under the applicable regulations would be the construction of a new highway linking the Hampton Beach-Seabrook Beach area with the Interstate Highway System."

SVA supplies no basis for its contention. SVA tells us nothing about what accident is involved. TMI-2 was a

" nuclear accident". Safe evacuation for that " accident" could have been accomplished on foot by a burro path.

Contentions of this nature are so vague and non specific as to fall to put the applicants on notice as to what they must prove. The contention should, therefore, be excluded.

Philadelphia Electric Co. (Peach Bottom Atomic Power Station, Units 2 and 3), ALAB-216, 8 AEC 13, 20 (1974).

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CONCLUSION SVA's contention 1 should be recast to eliminate reference to NUREG-0654; contention 2 should be excluded.

Respectfully submitted, i

s/ Thomas G. Dignan, Jr.

s/ R._K. Gad III s/ Ropes & Gray Thomas G. Dignan, Jr.

R. K. Gad III Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 (617) 423-6100 Counsel for Applicants Dated June 21, 1982 ,,.

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CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr., one of the attorneys for the applicants herein, hereby certify that on June 21, 1982 I made service of the within document by mailing copies thereof, postage prepaid, to:

Helen Hoyt, Chairperson Cooperative Members for Atomic Safety and Licensing Responsible Investment Board Panel Box 65 U.S. Nuclear Regulatory Commission Plymouth, NH 03264 Washington, DC 20555 Rep. Nicholas J. Costello Dr. Emmeth A. Luebke Whitehall Road Atomic Safety and Licensing Amesbury, MA 01913 Board Panel i U.S. Nuclear Regulatory Commission Donald L. Herzberg, M.D.

Washington, D.C. 20555 George Margolis, M.D.

Hitchcock Hospital Dr. Oscar H. Paris Hanover, NH 03755 Atomic Safety and Licensing Board Panel Rep. Beverly Hollingworth U,S. Nuclear Regulatory Commission Coastal Chamber of Commerce Washington, DC 20555 209 Winnacunnet Road Hampton, NH 03842 Atomic Safety and Licensing Board Panel Ms. Patti Jacobson U.S. Nuclear Regulatory Commission 3 Orange Street Washington, DC 20555 Newburyport, MA 01950 Atomic Safety and Licensing Appeal William S. Jordan, III, Esquire Board Panel Harmon & Weiss U.S. Nuclear Regulatory Commission 1725 I Street, N.W.

Washington, DC 20555 Suite 506 Washington, DC 20006 Philip Ahrens, Esquire Assistant Attorney General E. Tupper Kinder, Esquire Department of the Attorney Assistant Attorney General General Office of the Attorney General Augusta, ME 04333 208 State House Annex Concord, NH 03301 Robert A. Backus, Esquire 116 Lowell Street Roy P. Lessy, Jr., Esquire P.O. Box 516 Office of the Executive Legal Manchester, NH 03105 Director U.S. Nuclear Regulatory Commission Washington, DC 20555

Robert L. Chiesa, Esquire Wadleigh, Starr, Peters, Dunn & Kohls 95 Market Street Manchester, NH 03101 Edward J. McDermott, Esquire Sanders and McDermott Professional Association 408 Lafayette Road Hampton, NH 03842 Mr. Robert F. Preston , .

226 Winnacunnet Road -

Hampton, NH 03842 Wilfred L. Sanders, Jr., Esquire Sanders and McDermott Professional Association 408 Lafayette Road Hampton, NH 03842 Jo Ann Shotwell, Esquire ,

Assistant Attorney General Environmental Protection Bureau -,.

Department of the Attorney-General One Ashburton Place, 19th Floor Boston, MA 02108 s/ Thomas G. Dignan, .Tr _

Thomas G. Dignan, Jr.

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