ML20205N084

Applicant Motion for Summary Disposition on Town of South Hampton Contention Number 1.* Motion Based on Rh Strome Affidavit.Statement of Matl Facts Not in Dispute Encl

ML20205N084
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 8704020577
Download: ML20205N084 (3)

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Dated: March 25, 1987 UNITED STATES OF AMERICA 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 TOWN OF SOUTH HAMPTON CONTENTION NO. 1 i

Pursuant to 10 CFR 2.749, on the basis of the facts set-l forth in the " Affidavit of Richard H. Strome (TOSH 1)", and for the reasons set forth below, Applicants move the Board I to enter an order granting summary disposition in favor of the Applicants with respect to Town of South Hampton (TOSH)

Contention No. 1.

REASONS FOR GRANTING THE' MOTION TOSH No. 1 reads as follows:

The RERP for South Hampton fails to provide " reasonable assurance" because, I contrary to NUREG-0654 A.3, the plan l includes no written agreements referring 1

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cs; i to.the concept of oparations or signatures of local agencies.

Applicants' motion for summary disposition of the above contention, filed on May 20, 1986, was denied to the extent 4

of deficiencies noted by FEMA and RAC in their review:

[T]he New Hampshire Towing Association letter of agreement of November 27, 1986 was unsigned and-in the RAC review on June 2, 1986-of Volume 5, there was concern expressed that the letter of agreement also provided only for a

" general willingness" for-the organization to provide emergency towing as needed and does not reflect a i commitment of specific numbers of vehicles or drivers.

I Memorandum and Order of November 4, 1986 at 4.

As set forth in the Affidavit of Richard H. Strome filed i

i herewith, the letter of agreement wi-h the New Hampshire Towing Association has been signed. Furthermore, Volume 5 I

of the NHRERP also contains sixteen (16) letters of agreement with towing companies for which commitments for the provision of 42 towing vehicles with respective drivers and crews as needed have been procured. The current letters of agreement with the towing companies provide resources in .

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! excess of anticipated requirements. i By their attorneys,

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T5cmas R. K. [ Gad III' . Dignan, Jr.

Kathryn A. Selleck Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100

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• j i STATEMENT OF MATERIAL FACTS NOT IN DISPUTE l

1. The-letter of agreement with the New Hampshire Towing Association listed in Volume 5 of the New Hampshire Radiological Emergency Response Plan (NHRERP), has been signed'by the appropriate parties.

2. Volume 1 of NHRERP, Revision 2, states in Section 2.6 that:

"The state has also executed letters of agreement with private tow companies in and near the Seabrook EPZ. The letters are included in Volume 5 of the NHRERP."

3. Volume 5 of the New Hampshire Radiological Emergency Response Plan (NHRERP) also contains sixteen (16) letters of agreement with tow companies. These companies commit to provide 42 towing vehicles with respective drivers and crews as needed.

4. The current letters of agreement with the towing companies provide resources in excess of anticipated requirements.

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