ML20080F258

Advises That New England Coalition on Nuclear Pollution 830811 Contentions on New Hampshire Emergency Response Procedures Are Not Ripe for Adjudication.Procedures Not Yet Submitted to Fema.Certificate of Svc Encl

ML20080F258
Person / Time
Site:	Seabrook
Issue date:	09/15/1983
From:	Cassidy B Federal Emergency Management Agency
To:	Harbour J, Hoyt H, Luebke E Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8309190237
Download: ML20080F258 (5)

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( 99, Federal Emergency Management Agency Q . .

/ Region I J.W. McCormack Post Oflice and Court House 00fgTED Boston, Massachusetts 02109  ;

September 14, 1983'83 SEP I6 P3:04 Helen Hoyt, Chairperson -

Dr. Jerry Harbour C M CEOFSECREith Administrative Judge Administrative Judge fh' SEi'N Atomic Safety and Licensing Board Panel AtomicSafetyandLicensingbard U.S. Nuclear Regulatory Commission Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Emmeth A. Luebke 4

Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regualtory Commi:sfon Washington, D.C. 20555 In the Matter of Public Service Company of New Hamoshire, et al (Seabrook Station, Units 1 and 2)

Docket Nos. 50-443 and 50-444 OL RE: NECNP Contentions On New Hampshire Emergency Response Procedures

Dear Chairman Hoyt:

I am writing to you at the request of Roy P. Lessy, Deputy Assistant Chief

, Hearing Counsel, Office of the Executive Legal Director. On or about August 11, 1983 NECNP filed a pleading captioned "NECNP Contentions On New Hampshire Emer-gency Response Procedures". In the first paragraph of that pleading NEtNP states:

"These procedures were forwarded to NECNP by counsel for the State of New Hampshire on July 7,1983." Unfortunately, since NECNP has declined to serve FEMA with it's pleadings, I did not receive a copy of these proposed ' contentions until Friday, September 9,1983. For the reasons set forth below it is FEMA's opinion that these contentions are not ripe for consideration at this time.

In it's Memorandum and Order of May 11, 1983, this Board reiterated the procedure established in these hearings for filing contentions on off-site Radiological Emergency Response Plans (RERP's).

In that Order, the Board stated that "[t]he plain language of the Board's Order [of January 17,1983] identified the triggering event for the filing of emergency planning con-tentions as the submission of ' draft emergency plans (or ,

relevant parts thereof) to FEMA and within 30 days of the plans being made available to the parties.'

, Memorandum and Order of May 11, 1983 at pp. 2-3.

8309190237 830915 PDR ADOCK 05000443 PDR Q

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2 The Board went on to note that none of the parties at the April 8,1983, session of the prehearing conference objected to the process whereby the States would submit the RERP's to FEMA for review "and FEMA's forwarding those plans on to NRC for service on all. parties (after which contentions would be filed)."

Memorandum and Order of May 1,, 1983 at p. 3. This is the procedure which was followed by all of the parties until NECNP's August 11, 1983, pleading.

~ The'" emergency response procedures" which are the subject of NECNP's contentions have not been provided to FEMA by the State of New Hampshire. As of this date the FEMA Staff has never seen a copy, dra ft or otherwise, of the procedures referred to in NECNP's pleading. Since FEMA does not have the New Hampshire Emergency Response Procedures, we could not, and have not, sent them to the NRC for service on the parties. Thus the " triggering" event for the filing of contentions on these procedures has not occurred.

At this juncture of the proceedings I think it is premature to comment on the merits of these contentions and the issue of whether implimenting procedures can be the subject of litigation. It is clear to me that, unless the Board grants an exception or modifies it's May 11, 1983, Memorandum and Order, NECNP's contentions on New Hampshire Emergency Response Procedures are premature and should be dismissed at this time. While I do not advocate any change in the existing procedure, if the Board does choose to make an exception in this instance or modify it's order to allow NECNP's pleading, than it should order NECNP to serve a copy of' that document on all of the parties and FEMA ,so that we may make an informed and timely response to this pleading.

O BRIAN P. CASSI Regional Couns O

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6 UNITED STATES OF AMERICA ,

NUCLEAR REGULATORY COMMISSION DOCKETED USNRC BEFORE THE ATOMIC SAFETY AND LICENSING BOARQ 3 SEP 16 P3:04 In the Hatter of 0FFicE 7 H 2t.;..

OCCXElmG & SEnvih PUBLIC SERVICE COMPANY OF Docket Nos. 50-448RA0@

NEW HAMPSHIRE,,e_t a_l,.

50-444 OL (Seabrook Station, Units 1 and 2)

CERTIFICATE OF SERVICE I, Brian P. Cassidy, certify that a copy of the. letter to the Atomic Safety and Licensing Board Panel regarding NECNP's Contentions On New Hampshire Emergency Response Procedures was serve by mailing in a franked envelop, on September 14, 1983, to the following persons:

'7 - Helen Hoyt, Esq. , Chairman

• _- Administrative Judge Dr. Emeth A. Luebke* -

Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel Panel U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Jerry Harbour

• Administrative Judge Jo Ann Shotwell, Asst. Attorney Office of the Attorney General Atomic Safety and Licensing Board Environmental Protection Division Panel One Ashburton Place,19th Floor U.S. Nuclear Regulatory Comission Boston, MA 02108 Washingto , D.C. M555 l Beverly Hollingworth Nicholas J. Costello i 7 A Street 1st Essex District I Whitehall Road  !

! Hampton Beach, NH 03842 Amesbury, MA 01913

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Edward L. Cross, Jr. , Esq. Sandra Gavutis F

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George Dana Bisbee, Esq. T.own'of Kensington, New Hampshire t

' Environmental Protection Division : RFD 1 Office of the Attorney General East Kingston, NH 03827 State House Annex Concord, NH 03301 O

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. J Calvin A. Canney, City Manager ,

City Hall l Edward F. Meany 126 Daniel Street -

. Town of Rye, New Hampshire Portsmouth, NH 03801 i 155 Washington Road Rye, NH 03870 Roberta C. Pevear Town of Hampton Falls, New Hampshire Mr. Robert J. Harrison Drinkwater Road

. President and Chief Executive Officer Hampton Falls, NH 03844 Public Service Co. of New Hampshire P.O. Box 330 Manchester, NH 03105 William S. Jordan, III, Esq.

Robert A. Backus, Esq. Ellyn R. Weiss, Esq.

116 Lowell Street Harmon & Weiss .

P.O. Box 516 1725 I Street, N.W.

Manchester, NH 03105 Suite 506 Washington, D.C. 20006 Brian P. Cassidy Regional Counsel Phillip Ahrens, Esq.

FEMA, Region I Assistant Attorney General John W. McCormack Post Office & State House Station f6 -

-(- Courthouse Augusta, ME 04333 Boston, MA 02109 Senator Gordon J. Humphrey Donald L. Herzberger, MD U.S. Senate Hitchcock Hospital Washington, D.C. 20510 Hanover, NH 03755 (Attn: TomBurack)

Sen. Robert L. Preston Thomas G. Dignan, Jr. , Esq. State of New Hampshire Senate Ropes & Gray Concord, NH 03301 225 Franklin Street Boston, MA 02110 Atomic Safety and Licensing Board Panel

• Atomic Safety and Licensing 0.S. Nuclear Regulatory Comission j Appeal Panel

• Washington, D.C. 20555 U.-S. Nuclear Regulatory Comission Washington, D.C. 20555 John B. Tanzer -

Town of Hampton, New Hampshire g

Jane Doughty 5 Morningside Drive Field Director Hampton, NH 03842 Seacoast Anti-Pollution League 5 Market Street Letty Hett Portsmouth, NH 03801 Town of Brentwood RFD Dalton Road l

Brentwood, NH 03833 ,

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Office 'of the Secretary i U.S. Nuclear Regulatory Cof: mission Patrick J. McKeon  !

Washington, D.C. 20555 -

Chairinan of Selectmen, Rye, New Hampshire David R. Lewis, Esq.. 10 Central Road Law Clerk to the Board Rye, NH 03870 l Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Anne Verge, Chairperson Washington, D.C. 20555 Board of Selectmen Town Hall Dr. Mauray Tye South Hampton, NH 03842 209 Sunmer Street Haverhill, MA 01830 Mr. Maynard B. Pearson Town of Amesbury, Mass.

Town of North Hampton 40 Monroe Street North Hampton, New Hampshire 03862 Amesbury, MA 01913 R. K. Gad III, Esq. Senator Gordan J. Humphrey Ropes & Gray 1 Pillsbury St.

225 Franklin Street Concord, NH 03301 Ecston, MA 02110 (Attn: Herb Boynton)

N' BR AN . CASS i Rcgional Coun Federal Emergen , Management Agency 4

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