ML20070M515

Licensee Response to Appeal Board 910308 Order.* Listed Issues Currently Being Appealed Should Be Dismissed as Moot. W/Certificate of Svc

ML20070M515
Person / Time
Site:	Seabrook
Issue date:	03/18/1991
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
CON-#191-11553 OL, NUDOCS 9103210252
Download: ML20070M515 (6)

Text

//55 3

[3 hl il 0 UMWC March 18, 1991 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION yn it,; , ,

before the **

,', "t("<

' ' ' I ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of PUBLIC SERVICE COMPANY Docket Nos. 50-443-OL OF NEW HAMPSHIRE, at al. 50-444-OL (Seabrook Station, Units 1 (Offsite Emergency and 2) Planning Issues)

LICENBEE88 RESPONSE TO APPEAL BOARD ORDER OF MARCH 8, 1991 On March 8, 1991, this Appeal Board issued an order requesting each of the parties herein to apprise this Appeal Board of that party's views as to which, if any, of the issues still remaining before this Appeal Board in this proceeding have been affected by a recent executive order issued, on March 6, 1991, by the Governor of The Commonwealth of Massachusei.ts. That executive order essentially reverses the prior policy of The Commonwealth of not engaging in emergency planning in connection with the Seabrook project and not cooperating in any way with the e project.

It is the Licensees view that, in and of itself, the

. executive order does not affect any issue before the Appeal ALAB3-8.58 910321025p 910318 l PDR ADOCK 05000443 Q PDR /t,

k i Board, unless and until the Appeal Board takes official notice of ,

it under the regulations of the Commission. 10 C.F.R. 5 2.743(i). Assuming the Appeal Board's willingness to take such official notice, then the Licensees believe that a number of the issues now on appeal should be dismiesed as moot. These include:

1. The issue of whether The Ccracnwealth will, in fact, follow the SPMC in the event of an emergency. . Egg, g.g., MAG Br. at 9. Obviously The Commonwealth is now-cooperating, will become familiar with the SPMC, and, at least until an adequate state sponsored plan is in-place, will follow that plan. Thus, there is no need for this Appeal Board to deal with the asseitions by MAG that there is an issue, despite the regulatory presumption, as to whether Fassachusetts will follow the SPMC.

2. The executive order aoots the issue of whether the Governor can and will delegate the necessary authority to permit execution of the SPMC. Egg MAG Br. 15-16.

Consistent with the executive order, this Governor will do so.

3. It would seem that the issue as to whether the.

Licensing Board properly excluded certain letters sent by the Massachusetts Department of Public Health to certain out of state ambulance companies has been mooted. Egg MAG Br. at 47-50. Prescinding from the tenuous legality of the letters in the first place, and

A also from the fact that the threats made therein have never been acted upon or carried out, it isfnow clear that the present administration is not going to engage-in this type of haracament and conduct, or otherwise attempt to preclude out-of-state ambulance companies from assisting in the event of an emergency.

j 4. The issue of whether local and state police will ascist l in locating and removing road impediments, gag MAG Br.

-r at 59, Vould appear to be' clearly moot in light of the i

j executive order.

5. The issue of whether the Haverhill facility will be available, Egg MAG Br. at 70 11. is moot. It can be i presumed that Haverhill, which has not pushed any law j suits in any event since the licensing of Seabrook will -

not do so in light of the executive order, i

l 6. Now that The Commonwealth is engaged-in planning, presumably, the Red Cross will'also participate in planning, and

, therefore the arguments as to the Red Cross' participation being ad hgg would appear to now be-moot. Egg MAG Br. at 86-87.

! Respectfully submitted, 1 -

Thomas G. D % an, Jr.

George H. Levald Kathryn Selleck-Shea Ropes & Gray-One International Place Boston, MA'.02110-2624 (617) 951-7000 Counsel for Licensees c L i

-, , . , - , - , , - , - , , - - , ,. ,.-,,.w.,- - . , , - . - . . .

i l' '

l i;DLhi llD .

l CERTIFICATE OF SERVICE I,. Thomas _G. Dignan, Jr. , ene -Of the attorneys for qe Mg 19 P6 :40 '

Licensees herein, hereby certify that on March 18, 199I,' f made service of the within document by depositing copies thereof with Federal Express, prepaid, for delivery to r(or,'K Si%)fs'W where indicated, by depositing in the United States mallF Qygg"ll d d first class postage paid, addressed to):

~'-

Alan S. Rosenthal, Esquire Mr. Howard A. Wilber Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel _

Appeal Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Fifth Floor Fifth Floor 4350 East-West Highway 4350 East-West Highway ,

Bethesda, MD 20814 Bethesda, MD 20814 ,

Thomas S. Moore, Esquire Mr. Richard R. Donovan Atomic Safety and Licensing Federal Emergency Management Appeal Panel Agency U.S. Nuclear Regulatory Federal Regional-Center Commission 130 228th Street, S.W.

Tifth Floor 'Bothell, Washington 98021-9796 4350 East-West Highway Bethesda, MD 20814 Administrative Judge Ivan W. H. Joseph Flynn, Esquire Smith, Chairman, Atomic Safety- Office of General Counsel and Licensing Board- Federal Emergency Management U.S. Nuclear Regulatory Agency Commission 500.C Street, S.W.

East West Towers Building Washington, DC 20472 4350 East West Highway Bethesda, MD- 20814 Administrative Judge Richard F. Gary W. Holmes, Esquire Cole Holmes & Ells =

Atomic Safety and Licensing Board- 47 Winnacunnet. Road U.S. Nuclear Regulatory Commission Hampton, NH 03842-East West Towers Building 4350 East West Highway- i i Bethesda, MD- 20814

Administrative ~ Judge Kenneth A. Judith H. Mizner, Esquire McCollom 79 State Street, 2nd-Floor 1107 West Knapp Street Newburyport, MA 01950 Stillwater, OK 74075 d

J.

i 4

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

- .- = . - --_. - - . . . . - - - . - - . . . -- - , . - - -- .

l

. John P. Arnold, Attorney General Robert R. Pierce, Esquire George Dana Bisbee, Associate Atomic Safety and Licensing Attorney General Board Office of the Attorney General U.S. Nuclear Regulatvu,

, 25 Capitol Street Commission Concord, NH 03301-6397 East West-Towers Building 4350 East West Highway Bethesda, MD 20814 Mitzi A. Young, Esquire Diane Curran, Esquire Edwin J. Reis, Esquire Andrea C. Ferster, Esquire Office of the General Counsel Harmon, curran & Tousley U.S. Nuclear Regulatory Commissicn Suite 430 One White Flint North, 15th F1. 2001 S Street, N.W.

11555 Rockville Pike Washington, DC- 20009 Rockville, MD 20852 Adjudicatory File Robert A. Backus, Lsquire Atomic Safety and Licensing 116 Lowell Street Board Panel Docket (2 copies) P.O. Box 516 U.S. Nuclear Regulatory Manchester, NH 03105 Commission i East West Towers Building 4350 East West Higbway Bethesda, MD 20814

• Atomic Safety and Licensing Suzanne P. Egan, City Solicitor Appeal Panel Lagoulis, Hill-Whilton &

U.S. Nuclear Regulatory Rotondi Commission 79 State Street

Mail Stop EWW-529 Newburyport, MA_ 01950 l Washington, DC 20555 Jeffrey Pidot, Esquire Leslie Greer, Esquire

! Deputy Attorney General Matthew Brock, Esquire Department of the Attorney Massachusetts; Attorney General l General One Ashburton Place Augusta, ME 04333 . Boston, MA 02108 Paul McEachern, Esquire Barbara _J. Saint Andre, Esquire i Shaines &-McEachern Kopelman and Paige, P.C.

25 Maplewood Avenue 101 Arch Street P.O. Box 360 Boston,-MA 02110

, Portsmouth, NH 03801 R. Scott Hill-Whilton, Esquire Ashod N. Amirlan,' Esquire Lagoulis, Hill-Whilton & 145 South Main Street i Rotondi P.O. Box 38 79 Stato Street Bradford, MA- 01835 Newburyport, MA 01950 l

J i i

- - . . - ~ . , - . , . , . - - - . . - -, :: - -

~.. _. . - _ . _ _ _ _ _ _ . _ . . _ _ _ _ . . . _ _ _ _ _ . _ . _ . . . . . __ _ . _ _ _ _ - -

4 G. Paul Bollwerk, III, Esquire George Iverson, Director Atomic Safety and Licensing N.H. Office of. Emergency Appeal Panel _. _

tanagemen:.

U.S. Nuclear Regulatory Commission t ate Hour,e Office Park South Fifth Floor 1 .

Pleasant Street. .;

4350 East-West Highway concord, NH 03301 Bethesda, MD- 20814 Mr. Jack Dolan Federal Emergency Management Agency Region I J.W. McCormack Post Office-&  ;

Courthouse Building, Room 442 )

Boston, MA- 02109 ]

)

/

Thomas GT Digf)dh, . Jr.

(*= Ordinary U.S. First Class Mail.)

L i

e d

i e o n ,. n ~ ,..~ , _ - , , . . a -. . ~ . ~ - , - - -

.,e v - , . .,