ML20205N112

Applicant Motion for Summary Disposition on Seacoast Anti- Pollution League Redrafted Contention Number 15.* Motion Based on Listed Reasons & Rh Strome Affidavit.Statement of Matl Facts Not in Dispute Encl

ML20205N112
Person / Time
Site:	Seabrook
Issue date:	03/25/1987
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
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References
OL, NUDOCS 8704020590
Download: ML20205N112 (5)

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Dated: March 25, 1987 UNITED STATES OF A!! ERICA NUCLEAR REGULATORY COMMISSION before the~

ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of )

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

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

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APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION ON SEACOAST ANTI-PCLLUTION LEAGUE REDRAFTED CONTENTION No. 15 Pursuant to 10 CFR $ 2.749, on the basis of the facts set forth in the Affidavit of Richard H. Strome (SAPL 15),

and for the reasons set forth below, Applicants move the Board to enter an order granting summary disposition in favor of Applicants with respect to Seacoast Anti-Pollution League (SAPL) Redrafted Contention No. 15.

0704020590 870325 3 PDR ADOCK 05000 0

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, REASONS FOR GRANTING THE MOTION SAPL Redrafted Contention No. 15 reads as follows:

The letters of agreement that have been submitted j by the N.H. Civil Defense Agency in Volume 5 of j the State plan fail to meet the requirements of 10 CFR $ 50.47(a)(1), 5 50.47(b)(1),

5 50.47(b)(3), 5 50.47(b)(12), Appendix E.II.B.

and NUREG-0654 II.A.3., II.C.4., and II.P.4 because they do not demonstrate that adequate arrangements for requesting and effectively using assistance resources have been made, that the emergency responsibilities of the various supporting organizations have been specifically established, that each principal response organization has staff to respond or to augment its initial response on a continuous basis, or that agreements are being reviewed and certified to be current on an annual basis as is required.

The Atomic Safety and Licensing Board admitted this contention with the following limitation:

Letters of agreement limited to the provider of services, not recipients and not required of individuals collectively supplying a labor force or activity.

Memorandum and order of February 18, 1987 at 4.

As set forth in the Affidavit of Richard H. Strome (SAPL i Redrafted Contention 15), all necessary letters of agreement have been obtained. Letters of agreement with Pease Air Force Base and the Portsmouth Navy Yard are Department of Defense establishments with which letters of agreement are unnecessary. Affidavit 1 2. Nor are such letters required for Reception Centers or the Rockingham County Dispatch l Center, which are operated by government agencies. In any l

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g event Volume 5 of the NHRERP contains a letter of agreement with the Rockingham County Sherriff's Department which operates the Rockingham County Dispatch Center. Affidavit 13, Gi . Mass Care facilities are operated by the American Red Cross with which NHCDA has a letter of agreement.

Affidavit 1 4. NHCDA has letters'of agreement with all special facilities identified in-SAPL Redrafted Contention No. 15 and their respective host facilities. Affidavit 1 5.

No letter of agreement is required with New England Telephone Company, as it is not assigned a responsibility under NHRERP. Affidavit 1 7. The numbers of buses and drivers in NHRERP are accurate and consistent with the letters of agreement commitments. Affidavit 1 8. Finally, the current letter of agreement with OMNE Partners II will be updated if that becomes necessary. Affidavit 1 9.

By their attorneys, Thorfias C. Ddiffian, Jr.

R. K. Gad III i ,

Kathryn A. Selleck l Ropes & Gray , l

' i 225 Franklin Street Boston, MA 02110 1 (617)423-6100 )

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STATEMENT OF MATERIAL FACTS NOT IN DISPUTE (SAPL REDRAFTED CONTENTION 15)

1. The NHRERP identifies the Department of Defense as a federal support agency which will provide military assistance, in the form of manpower, technical support, and logistical support, including air-lift services and telecommunication support as identified in the Federal Radiological Emergency Response Plan, 50 Fed. Reg. 46542, November 6, 1985, as requested by FEMA. Pease Air Force Base and Portsmouth Navy Yard are Department of Defense establishments. A letter of agreement with each of these entities is not required.

2. All Reception Centers identified Volumes 33, 35, 36 and 38 of the NHRERP are operated by government agencies.

Under the law of the case, letters of agreement from those agencies is not required.

3. All Mass Care facilities are operated by the American Red Cross and not by NHCDA. Volume 5 of the NHRERP i

contains a letter of agreement with the American Red Cross.

Therefore, no letter of agreement is required with Mass Care

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Facilities.

4. NHCDA has letters of agreement with all Special Facilities identified in SAPL Redrafted Contention No. 15.

In addition, letters of agreements have been procured from their respective host facilities.

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5. The Rockingham County Dispatch Center is operated by a governmental agency. As such, no letter of agreement is required. In any event Volume 5 contains a letter of agreement with the Rockinghmn County Sheriff's Department which operates the Rockingham County Dispatch Center.

6. New England Telephone Company is not assigned a responsibility under NHRERP. Thus, no letter of agreement is required with that firm.

7. In NHRERP Volume 4, Appendix I, the totals of 574 buses and 510 drivers are accurate and consistent with the numbers committed to in the letters of agreement. Only a total of 515 buses and drivers are actually needed. NHRERP Vol. 2, App. I, p. I-3. A letter of agreement has been executed with Local 633 of the Teamsters whereby they agree 4

to supply up to 1,500 drivers. Letters of agreement with owners are being obtained permitting the mobilization of these drivers by the union.

8. The current letter of agreement with OMNE Partners II meets the requirements of 10 CFR $ 50.47 (a)(1), j

$ 50.47 (b)(1), $ 50.47(b)(3), 9 50.47 (b)(12), Appendix ,

E.ll.B and NHREG-0654 II.A.3, II.C.4, and II.p.4. If needed, this letter ot agreement will be updated.

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