ML20235A837

Contention of Atty General Jm Shannon on Notification Sys for Commonwealth of Ma & Motion to Admit late-filed Contention & Reopen Record.* Certificate of Svc Encl

ML20235A837
Person / Time
Site:	Seabrook
Issue date:	01/07/1988
From:	Jonas S, Shannon J MASSACHUSETTS, COMMONWEALTH OF
To:
References
CON-#188-5303 OL-1, NUDOCS 8801130081
Download: ML20235A837 (32)

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00CHETE0 USHHC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION TO JW 11 P3:04 ATOMIC S AFETY AND LICENSING APPEAL BOARD 0FFICE C~ ngni.s y 00CKE! INS A SUMcr Before Administrative Judges """

Alan S. Rosenthal, Chairman Howard A. Wilber

) Docket Nos.

In The Matter Of ) 50-443-OL-1

) 5 0-t ' 4-OL-1 PUBLIC SERVICE COMPANY OF ) (Or tte Energency NEW HAMPSHIRE, et al., ) Planning and Safety

) Issues)

(Seabrook Station, Units 1 and 2) )

) January 7, 1988 CONTENTION OF ATTORNEY GENERAL JAMES M, SHANNON ON NOTIFICATION SYSTEM FOR MASSACHUSETTS AND MOTION TO ADMIT LATE-FILED CONTENTION AND REOPEN THE RECORD I. INTRODUCTION On Decc,nber 16, 1987, the United States Court of Appeals for the First Circuit ruled that PSNH was unlikely to prevail on the merits of its lawsuit against the Town of West Newbury, i l

Massachusetts challenging that town's attempt to remove the j l

emergency notification sirens located in the town. Public j l

Service Co. of New Hampshire v. Town of West Newbury, F.2d (No. 87-1395) (1st Cir. December 16, 1987). The )

l First Circuit affirmed the ruling of the District Court denying i

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PDR ADOCK 05000443 G PDR .

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. i PSNH a preliminary innunction against West Newbury removing the sirens. Shortly after the ruling, Amesbury, Merrimac, Newbury I and Salisbury asked PSNH to remove its sirens from those towns or they would be removed by the towns themselves. See letters l l

attached hereto as Exhibit 1. As a result, on December 29, 1987, PSNH sent identical letters to all of the Massachusetts towns within the EPZ except Newburyport1! stating that the Applicants would no longer rely in Seabrook licensing proceedings on the sirens as a means to provide emergency notification.1! See letters attached hereto as Exhibit 4.

In short, the Applicants' notification system no longer exists. They have failed to comply with 10 C.F.R. S50.47(b)(5) ,

i for the entire Massachusetts portion of the EPZ.1! '

v massachusetts Attorney General James M. Shannon ("the

, Attorney General") respectfully submits the following late-1/ As the Board knows, the Town of Newburyport removed its own emergency notification sirens in September, 1987. Contention of Attorney General James M. Shannon And Motion To Admit Late-Filed Contention And Reopen The Record (November 13, 1987).

2/ The permit for the siren located on the Salisbury Beach State Reservation has expired and that siren has been removed.

See permit and Affidavit of Michael A. Magnifico attached hereto as Exhibits 2 and 3, respectively.

3/ The ill-conceived helicopter-mounted siren system devised for Newburyport is the only extant alternative. However, it is woefully inadequate, even for the small geographical area it is intended to cover. Supplemental Memorandum of Attorney General l James M. Shannon In Support Of Motion To Admit Late-Filed l Contention And Reopen The Record (December 31, 1987).

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r filed contention in this proceeding and moves that the Appeal Board reopen the record in the on-site emergency planning and safety phase for the purpose of addressing the Applicants' compliance with 10 C.F.R. S50.47(b)(5). The Attorney General further requests that this Board issue an order that an I operating license for operation not in excess of 5% rated power cannot issue until the Applicants have demonstrated, after a i full evidentiary hearing, that they have satisfied Section 50.47(b)(5).

II. ARGUMENT A. The Attorney General Has Satisfied The Late-Filed Contencion Standard.

The late-filed contention meets the standards for admission  ;

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under 10 C.F.R. 52.714(a)(1). First, the First Circuit rendered its decision on December 16, 1987. The Applicants acknowledged withdrawal of their siren system plan from these proceedings on December 29, 1987. As indicated in this Board's f decision with respect to the East Merrimac sirens, this l

contention would have been premature, if raised any earlier.

ALAB-879 at 7-8 (November 20, 1987). Therefore, "no adequately l 1

based contention could have been filed earlier," Philadelphia Electric Co. (Limerick Generating Station, Units 1 and 2),

ALAB-806, 21 NRC 1183, 1190 (1985), and there is good cause under 10 C.F.R. 52.714(a)(1)(i) for the failure to file this contention on time.

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second, as the Applicants themselves acknowledge in their Licensing Board filing on the Newburyport siren issue,A!

there is no means other than the filing of this contention to protect the Attorney General's interest in ensuring that notification of the entire Massachusetts population within the EPZ is addressed prior to low-power. Therefore, 10 C.F.R.

S2.714(a)(1)(ii) is satisfied.

l Third, the Attorney General will provide witnesses, including an expert witness, to testify about the status of the siren system and the viability of any other means of public notification in the area.5! Therefore, 10 C.F.R. 52.714(a)(1)(iii) is satisfied.

Fourth, no other party has raised this issue in this proceeding. Again as the Applicants admit (Applicants' Newburyport Response at 4), no other party can represent the interests of the Attorney General on this important issue of the health and safety of Massachusetts citizens. Therefore, 10 C.F.R. 52.714(a)(i)(iv) is satisfied.

Fifth, the issue will not result in undue delay of the proceeding. The Appeal Board has reversed part of the 4/ Applicants' Respoase To Contention Of Attorney General James M. Shannon, Seacoast Anti-Pollution League, New England Coalition on Nuclear Pollution and Town of Hampttn, Motion To Admit Late-Filed Contention And Reopen The Record at 4 (October

.1, 1987) (" Applicants' Newburyport Response").

5/ Of course, the Applicants have not identified the alternative means they hope to employ.

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Licensing Board's low-power decision and remanded two issues to that Board for further proceedings. See ALAB-875 (October 1, 1987). The Licensing Board has now entered a scheduling order for briefing on whether low-power should be reauthorized pending resolution of the remanded issues which will not be complete until January 11, 1988. ALSBP No. 88-558-01-OLR (November 27, 1987).b! The Appeal Board itself has stated that it "may well conclude that any low-power operation at 9eabrook must in all events await the decision on the Attorney General's (Newburyport] motion [to reopen the record)."

Memorandum and order (unpublished) (November 25, 1987) at 6.

The removal of the sirens is a vital safety issue which must be addressed before the plant is irradiated. For that reason and in light of the Applicants' utter failure to describe an alternative means to provide emttgency notification, any delay in issuance of the low-power license would not be undue. Therefore, 10 C.F.R. S2 714(a)(i)(v) is satisfied.

B. The Attorney General Has Satisfied The Standards For Reopening The Record.

The tests for reopening an evidentiary record are whether the issues could have been raised earlier, whether the motion 6/ Unless the Licensing Board rules that notwithstanding the pendency of these issues low-power testing should proceed, low-power testing cannot proceed until the issues are resolved. ALAB-875 at 49-50.

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. addresses a significant safety or environmental issue and whether a materially different result would have been likely had the new evidence been considered initially. 10 C.F.R.

S2.734(a).

As described above, the Massachusetts siren issue could not have been raised earlier. Therefoce, the, Attorney General has satisfied the 10 C.F.R. S2.734(a)(1) standard.

Second, the issue is a significant safety issue because no means exist presently for early notification and clear instruction +n the Massachusetts population within the EPZ, as required by 10 C.F.R. S50.47(b)(5). Any suggestion that this is not a significant safety issue ignores the Commission's own words, in promulgating 10 C.F.R. S50.47(d), that prior to issuing an operating license authorizing low-power testing, the applicant must meet the requirements of Section 50.47(b)(5).

47 Ped. Reg. 30232, 30234 (July 13, 1982).

The Applicants, in their letters to the various towns on this issue, casually assert that they are "taking steps to provide alternative methods of notification to Massachusetts residents living within 10 miles of Seabrook Station. Exhibit 4 at 1. Their Seabrook Plan for Massachusetts Communities and Final Design Report rely exclusively on pole-mounted sirens.

They have provided no information in these proceedings about their claimed alternative. Therefore, they have have not

s met NRC or FEMA regulations and guidelines.1! See NUREG-0654, FEMA-REP-1, Rev. 1 (November, 1980) at 45, 3-1; NUREG-0654, FEMA-REP-1, Rev. 1, Supp. 1 (November, 1987) at 11; FEMA-REP 10 (November, 1985) at E-3, E-4, E-15. A significant safety issue has been raised.8/

III. CONTENTION AND BASIS Contention: Applicants have failed to comply with the provisions of 10 C.F.R. S50.47(b)(5) and Part 50, Appendix E, IV, D(1) and (3), because no means have been established to provide early notification and clear instruction to the populace of the Towns of Amesbury, Merrimac, Newbury, Salisbury and West Newbury, Massachusetts and the Salisbury State Beach Reservation in Salisbury, Massachusetts.

Basis: The Applicants' emergency response plans provide that the populace within the Towns of Amesbury, Merrimac, 7/ The Applicants' reliance on a presently unidentified alternative notification system effects a shift of the burden of persuasion on the significant safety issue. See Supplemental Memorandum of Attorney General James M. Shannon In Response To Appeal Board Memorandum And Order Of November 25, 1987 (December 18, 1987).

8/ Because the Applicants have so palpably failed to establish a viable alternative to the Massachusetts ground-based sirens and because the NRC has made clear that an applicant must comply with Section 50.47(b)(5) before a low-power license can issue (47 Fed. Reg. 30232, 30234 (July 13, 1982)), the Licensing Board would have reached a materially different result had this issue been raised earlier. Therefore, the Attorney General has satisfied 10 C.F.R. 52.734(a)(3).

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I Newbury, Salisbury and West Newbury and on the Salisbury Beach j l

State Reservation will be notified of emergencies by means of j l

alert and notification sirens situated in those towns and on I that beach. Based on a recent decision of the United States Court of Appeals for the First Circuit, PSNH v. West Newbury, No. 87-1395 (December 16, 1987) each of the towns will shortly dismantle and remove the sirens located in the towns. See letters attached hereto as Exhibit :. The Salisbury Beach State Reservation siren has already been removed. See permit dnd Affidavit Of Michael A. Magnifico, attached hereto as Exhibits 2 and 3, respectively. According to the-Applicants in their letters to the towns, attached hereto as Exhibit 4, they will no longer rely upon a pole-mounted siren system to provide emergency notification and clear instruction. No other means have been provided to notify the public in these towns and on the beach in the event of an emergency.

The Commission has determined that the means to notify the population within the plume exposure pathway EPZ must be in place prior to low-power operation. 47 Ped. Reg. 30232, 30234 (July 13, 1982). That means is not in place and low-power operation should be denied unless and until it is.

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i IV. CONCLUSION l

The preceding late-filed contention should be admitted and the record of the on-site emergency planning and safety phase of this litigation should be reopened. Moreover, an operating license for operation not in excess of 5% of rated power should not issue until the Applicants have demonstrated the means to provide early notification and clear instruction to the i populace in the Towns of Amesbury, Merrimac, Newbury, Salisbury and West Newbury and on the Salisbury Beach State Reservation in the event of a radiological emergency.

JAMES M. SHANNON ATTORNEY GENERAL COMMONWEALTH OF MASSACHUSETTS f -

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St'ephen A."Jonas Assistant Attorney General Deputy Chief Public Protection Bureau Department of the Attorney General One Ashburton Place Boston, MA 02108 (617) 727-4878 DATED: January 7, 1988 l

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Exhibii' 1 LACOULIS, CLARK, HILL-WHILTON & MCGUIRE ATTORNEYS AT LAW 79 ST ATE STREET

• NEWBURYPORT, M ASS ACilUSETTS 01950 * (617) 462 9393 LACOULIS & CLARK, P C.

R.SCOTTnlLL WillLToN MAURICE C, MCCUlRE JAMES KEVIN BRICHINEY'

' Admitted Muuchusette, New Hampshire.

December 17, 1987 Robert J. Stillman, Esq.

Ropes & Grey 225 Franklin Street Boston, llA 02110 Re: Town of 11ewbury

Dear fir. Stillman:

I am writing on behalf of the' Toun of tiewbury with regard to the Public Service Company of lieu sirens erected by your client, I am writing to you per your earlier llampshi r e, in that town.

request that all coinmunications regarding the sirens be directed to your firm.

In light of the recent decision of the First Circuit Court of Appeals, the 11ewbury selectmen have decided to remove the 01ren poles in 11ewbury on December 31, 1987 unless your client has removed them prior to that date.

The poles and sirens, if dismantled by the town, will be stored at the expense of your client if your client declines to remove them or does not take immediate possession of them after their removal. t I

Please let me know what your client's intentions are regarding the removal of the poles and sirens as soon as possible.

Very truly yours, m .

Cf (lll I V R. Scott Hill-Whilton RSilH/smi i

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.e, n see > >sa December 18, 1987 Robert J. Stillman, Esquire Hopes t< Gray 225 Franklin Street Boston, MA 02110 it e : P . S . N . fl . Siren Poles in the Town of Salisbury

Dear Mr. Stillman:

As you are aware, the Town of Salisbury has earlier indicated to you and your client that it intends to remove the P.S.N.II. siren poles situate on Town property in Salisbury, Massachusetts. By your letter dated May 13, 1987, you have requested that communication with respect to this matter be directed to you.

This letter is to inform you that I have been directed by the Board of Selectmen to advise that the P. , N . II . equipment and poles on Town property in Salisbury will be dismantled and renoved commencing on Janiary 2, 1988, if such equipment and pelos are not first removes by your client. If, by your client's inaction in the interim, the Town is forced to remove such equipment, the Town will not assume responsibility for any riamage to the equipment. Moreover, as the Town's storage facilities are extremely limited, the equipment and poles may have to be stored at private warehouse facilities in which case your client would be responsible for storage charges and fees upon collecting the poles and equipment. ,

If you have questions regarding this matter please direct them to me. Thank you for your attention and anticipated cooperation. <

Respectfully, Charles P. Graham CPG:smh cc: Board of Selectmen Town of Salisbury l

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ASHOD N. AMIRIAN ATTORNEY AT LAW 376 MAIN STREET, HAVERHILL, MA 01830 MEMBER OF MARSACHUSETr8 AND NEW HAMP8 HIRE BAR TEL. te17) 873 8681 878 1645 December 23, 1987

'ATTORtmYGENE R F -'

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I1 Robert J. Stillman, Esquire C R0 PES & GRAY i E

f4C241987 '( I 225 Franklin Street oston, MA 02110 hJ'

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Department of the Attorney General Stephen A. Jonas, Deputy Chief Department of the Attorney General John W. McCormack State Of fice Building One Ashburton Place l Boston, MA 02108-1698 Re: Town of Merrimac l

l Gentlemen, I am writing in behal f of the Town of Merrimac with regards to the sirens erected by your client, Public Service Company of New Hampshire, in that town. I am writing to you per your earlier request that all communications regarding the sirens be directed to your firm.

In light of the recent decision of the First Circuit Court of Appeals, the Merrimac Selectmen have decided to remove the siren poles in Merrimac on December 31, 1987 unless your client .

has removed them prior to that date.

The poles and sirens, if di smantled by the Town, will be stored at the expense of your client if your client declines to remove them or does not take immediate possession of them after thei r removal .

Please let me know what your client's intentions are regarding the removal of the poles and sirens as soon as possible.

tru ours, Ashod N. Amirian Town Counsel ANA:Ph cc: Boa-d of Selectmen i

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MeSDUT Board of Selectmen Town Hall, Amesbury, MA 01913 Tel. 388 0290 December 21, 1987 Thomas G. Dignan, Esq.

Ropes & Gray 225 Franklin St.

Boston, MA 02110 -

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Dear Mr. Dignan,

On June 29, 1987, during a properly posted meeting of the Amesbury Board of Selectmen, a hearing was held on the validity of permits issued to Public Service Company of New Hampshire for the erection of siren poles and sirens at various locations within the Town. PSNH was represented by Attorney Paul O'Donnell of Ropes & Gray.

The Board of Selectmen voted in the affirmative the following motion offered by Selectman William S. Lord:

That this Board rescind the actions of the Board taken September 4, 1984, when permits for the erection of siren poles were issued; those permits to now be deemed void from date of issue, and the permits be immediately revoked. I further move that Public Service Company of New Hampshire, et al, are ordered to remove the sirens and poles from the Town of Amesbury before midnight of July 13, 1987, and that if not removed by that time and date, the Board take any and all action to cause such removal.

Based on the verbal agreement between Counsel for both parties, the Board has withheld further action pending a decision by the U.S. First Circuit Court of Appeals in PSNH vs. Town of West Newbury (87-1395) .

That decision was handed down on December 16, 1987 in favor of the defendant Town of West Newbury.

The Board of Selectmen is now prepared to carry out the afore-mentioned order of June 29, 1987, The Board once again extends.,to PSNH the opportunity to remove the sirens and poles. The Board orders the removal to be completed by midnight of December 30, 1987. After that deadline the Town will begin to disconnect and remove the sirens and poles.

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meS 3Ur Board of Selectmen Town Hall, Amesbury, MA 01913 Tel. 388-0290 Should the Town of Amesbury be forced to remove these sirens and poles, the Town will assume no responsibility for said equipment.

Furthermore, if the Town is force:d to remove the sirens and poles, they will incurred,not beincluding releasedstorage.

to PStiH until the Town is reimbursed for all costs By Order of the Board of Selectmen, Robert E. Gaudet, Chairman William S. Lord, Vice-Chairman James N. Thivierge 11 ell F. Morrissey cc: Attorney General James Shannon Edward Thomas, FEMA West Newbury Selectmen -

Salisbury Selectmen Merrimac Selectmen tiewbury Selectmen tiewburyport City Solicitor flaverhill City Solicitor I

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?-  ? Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Management Special Use Permit 100 Cambridge street New H8mpshire Yankee as chuseus Salisbury Beach State Reservation 02202 Salisbury, Massachusetts In conjunction with a policy of land use as stated in Chap-ter 132A, Secti as 2B and 2D of the General Laws of the Comnwealth Division of g gg of Massachusetts, and all other powers enabling:

The Commonwealth of Massachusetts, Department of Environmental Management, does hereby grant a Special Use Permit to New Hampshire Yankee (hereinaf ter the Permittee) P.O. Box 300, Seabrook, New Hampshire 03874, as agent for the joint owners of Seabrook Station, to use a certain piece of property located within the Salisbury Beach State Reservation, Salisbury, Massachusetts. (see attached map) The purpose of this authorization being to install and main- i tain a public notification siren as part of the emergency planning operation for the Seabrook Station Nuclear Power Plant, Rt. 1 Security Building, located in Seablook, New Hampshire, 03874 in the case of an accident, as well as a natural disaster or nuclear attack. In addition, this siren will also be used as a public address system to notify the public using park facilities in the event of a local emergency.

In order to protect the rights and safety of the general pub-lie, as well as to insure the reasonable exercise of the permitted use, the following conditions and provisions shall prevail:

1. The term of such authorization contained herein shall be for a period of one full year, commencing November 1,1986 and terminating October 31, 1987. Renewal of this permit shall be the responsibility of the Permittee.

2. In consideration for the rights herein granted. Permittee shall pay to the Department the sus of Six Hundred Dollars

($600.00) per year for the term of this authorization.

Payments shall be received by the Department upon the Permittee's acceptance of such authorization. All checks should be made payable to the Consnonwealth of Massachusetts, and forwarded to the above address.

Gilbert A. Bliss Direaor

3. Any and all work shall be done under the direct super-vision of the Regional Forests and Parks Supervisor and/or

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his designee. The Permittee should contact Don Stoddard Regional Forests and Parks Supervisor prior to servicing

'it s' eq uipment . He may be reached at (617) 369-3350.

4. Any and all reasonable requests made by the Regional Forests and Parks Supervisor and or/his designee shall be complied with.

5. The Permittee shall be responsible to pay to said Depart-ment a sum of One Hundred Dollars ($100.00) as an elec-trical power surcharge during the term hereof.

6. This permit is not transferable and no privilege contained herein may be sublet to any other person or organization.

7. The terms of this permit are not to be construed as exclusive use of the area by the Permittee.

8. The exercise of this permitted use shall constitute Permittee 's acceptance of complete liability, for Per-mittee 's own actions while present upon the afore-mentioned site and an agreement that the Permittee will not make any claims against the Commonwealth for any injury, loss, or damage to persons (including bodily injury and death) occurring from any cause arising out of the authorized use of the Permittee, its agents or assigns.

9. The Permittee further agrees to save the Commonwealth harmless for any loss or damage that may be incurred to any property and/or equipment owned by the Permittee that will be located upon said site.

10. The Permittee shall remove, at its own expense, all of its equipment and apparatus from said site within thirty (30) days af ter final termination of this permit.

11. Any interference with radio transmission or reception to

- the communications systems presently located on this site and any that may be installed in the future by the Depart-ment of Environmental Management, or arising from the presence of this installation shall be immediately cor-rected by the Permittee.

12 The Director of the Division of Forests and Parks may cancel this permit at any time for any reason which in his opinion is in the best interest of the Commonwealth of Massachusetts.

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3-I have read the foregoing conditions and provisions approve of, and agree' to these terms.

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Issued Gilbert A. 81iss,' Director Division of Forests and Parks l b G Accepted George A.' Thomas, Vice President Seabrook Station Public Service of New Hampshire AE 2 H 1

~ App (ovpd s Gutensohn, Commissioner Depar ment of Environmental Management GAB /JG/j s

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AFFIDAVIT l

I, Michael A. Magnifico, being duly sworn say and subscribe to the following as being true to the best of my information and belief.

My name is Michael A. Magnifico. I hold the position of Principal Forest and Park Supervisor with the Division of Forests and Parks, Massachusetts Department of Environmental Management with general responsibility for supervision of Salisbury Beach State Reservation on the North Shore. During the week of December 14 , 1087, I was in formed that the siren alarm system installed on a pole at the beach under permit was no longer authorized by permit to remain at that site. On Saturh". December 19, 1987, I was present when the pole was removed and the siren alarm system disconnected and placed in storage.

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V NOTARIZATION The above, Michael A. Magnifico, known to me did personally

/YSA appear be fore. me this '3/ day of [ &Ja g/ and being duly sworn did aver that the foregoing was true to the best of his a knowledge and belief.

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New Hampshire Yankee Division NHY #870767 Dh2 29, 1987 Board of Selectman P.O. Box 5072 Salisbury, MA 01952

Dear Selectman,

As you know, New Rangshire Yankee Division currently owns and maintains a public alert notification system in the Town of Salisbury. y

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The public alert notification system was originally installed for use by I Civil Defense officials in the event of an incident at Seabrook Staticn. As '

an additional feature, local public safety officials have the capability to activate these sirens for use in a number of potential emergency situations, including natural disasters, hazardous materials incidents, or fires.

As a result of recent court actions on siren pole rammral, New Rangshire Yankee is taking staps to provide alternative methods of notification to Massachusetts residents living within 10 miles of Seabrook Station.

Because we believe that the sirens could continue to provide local civil defense authorities with an effective means of notifying residents of emergencies not related to Seabrook, we are extending to the Town of Salisbury the following offar. New Hampshire Yankee will give the sirens and poles to the Town of Salisbury. Me will disconnect all equipment used by Seabrook personnel to activate the sirens. We will not be irelmi4ry the Massachusetts siren systen in any <9mmaritation to the taelaar Regulatory rh==i== ion or the Federal Boargency Management Agency involving the licensing of Seabrook Station.

He have stated repeatedly that we wish to be good neighbors. He understand that some feel eL w gly that they wish not to participate in amargency planning for Seabrook Station. Ma respect these feelings.

Despite the differences in opinion on Seabcock, we don't believe that lo m i residents are wall served by the reewal of an existing public alert notification system. Me request that our proposal be included on the agenda =

of the next meeting of the Board of Selectman. Me would be willing to have a representative of New Hampshire Yankee attend the meeting and answer any questicas you say have.

P.O. Box 300 . Seabrook, NH 03874 . Telephone (603) 474 9574

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Please advise us whether you will be considering our proposal at your upccming meeting. If we can answer any further questions, please contact Debra Vanderbeek at (603) 474-9521, Dct. 3204. Thank you for your con-sideration.

Sincerely, gh .cW Ted C. Feigenbatan Vice President cc: ASIB Service List Mr, Victor Nerses, Project Manager Project Directorate I-3 Division of Reactor Projects Unital States Nuclear Regulatory Ccanission Washington, DC 20555 Mr. William T. Russell Regional A&ninistrator United States Nuclear Regulatory Cbanission Region I 631 Park Avenue King of Prussia, PA 19406 Mr. Antone C. Carne MC Senior Resident Ir@7wr Seabrook Station Seabrook, m 03874 i

PENH New Hampshire Yankee Division NHY #870768 December 29, 1987 Board of Selectman 25 High Road Newbury, MA 01950

Dear Selectman,

As you know, New Hangshire Yankee Division currently owns and mintains a public alert notifim tion syntaa in the Town of Newbury.

The public alert notification systen was originally installed for use by <

Civil Defense officials in the event of an incident at Seabrook Station. As '

an additional facture, local public safety officials have been offered the capability to activate these sirens for use in a na bar of potential anargency situations, including natural disastars, hasardous materials incidents, or fires.

As a result of recent court actions on siren pole removal, New Harpshire Yankee is taking steps to provide alternative methods of notification to Massachusetts residents living within 10 miles of Seabrook Statim.

Because we believe that the sirens could continue to provide local civil defense authorities with an effective manns of notifying residents of emergencies not related to Seabrook, we are extending to the Town of Newbury {

the following offer. New Beepshire Yankee will give the sirens and poles to I the 'Ibun of Newbury. Ma will disconnect all equipment used by Seabrook personnel to activate the sirens. Mn will not be inr4 W M the Massachusetts siren system in any documentatim to the laelaar Regulatory n=minaian or the Federal b y .cy Manegament Agency involving the licensing of Seabrook Station.

Ma have stated repeatedly that we wish to be good neighbors. Me understand that same feel strongly that they wish not to participate in emergency a1=ig for Seabrook Statica. Ma respect these feelings.

Despite the differences in opinion on Seabrook, we don't believe that local residents are well served by the removal of an existing public alert notification syst m. Me request that our proposal be included on the agenda of the next meeting of the Board of Selectmen. Me would be willing to have a repreeintative of Not Hespehire Yankee attend the meeting and answer any questions you may have.

P.O. Box 300 . Seabrook, NH 03874 . Telephone (603) 474 9674 l

Please advise us whether you will be considering our proposal at your upcoming meeting. If we can answer any further questions, please contact Debra Vanderbeek at (603) 474-9521, Dct. 3204. Thank you for your con-sideration.

Sincerely,

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Ted C.1%igenbaum Vice Pr6sident cci ASIB Service List Mr. Victor Nerses, Project Manager Project Directorate I-3 Division of Reactor Projects United States Nuclear Regulatory Cannission Washington, DC 20555 Mr. William T. Russell Regional Administrator United States Nuclear Regulatory Cannission Region I 631 Park Avenue King of Prussia, PA 19406 Mr. Antate C. Corne MC Sonice Resident Inspector Seabrook Station i Seabrook,is 03874 i

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ruemes.re.orNew e New Hampshire Yankee Division l

I NHY #870765 Dec=+=r 29,1987 Board of Selectman Town Hall Friend Street Amesbury, MA 01913 j

Dear Selectman,

As you know, New Hagshire Yankee Division currently owns and maintains a public alert notification systam in the Town of Annahiry.

1 The public alert notification system was originally installed for use by l Civil Defense officials in the event of an incident at Seabrook Station. As  !

an additional feature, local public safety officials have the capability to l activate these sirens for use in a number of potential amargency situations, including natural disasters, hazardous materials incidents, or fires.

As a result of recent court actions on siren pole rene, val, New Hagshire ,

Yankee is taking staps to provide alternative methods of notification to i Massachusetts residents living within 10 miles of Seabrook Station.

Because we believe that the sirens oculd continue to provide local civil defense authorities with an effective means of notifying residents of emergencies not related to Seabrook, we are extending to the Tbun of knaahtry the following offer. New Hagshire Yankee will give the sirens and poles to .

the Tbwn of Amesbury. We will disconnect all equipment used by Seabrook /

personnel to activate the sirens. We will not be he1MN the Massachusetts siren syntes in any Ana==rstation to the pelaar Regulatory Otmetission or the Federal Beergency Management Agency involving the licensing of Seabrook i Station.

I We have stated repeatedly that we wish to be good neighbors. We understand that ecus feel strongly that they wish not to participate in emergency a1==W for Seabrook Station. We respect these feelings.

Despite the differences in opinion on Seabrook, we don't believe that local residents are well served by the removal of an aristing public alert j notification syntaa. We request that our perea==1 be incitded on the agenda of the next meeting of the Board of Selectmen. We would be willing to have a representation of New Beepehire Yankee attend the meeting and answer any I questions you may have.

I P.O. Box 300 . Seabrook, NH 03874 . Telephone (603) 474-9674 I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

A Please advise us whether you will be considering our proposal at your upcoming meeting. If we can answer any further questions, please contact Debra Vanderbeek at (603) 474-9521, Det. 3204. Thank you for your con-sideration.

Sincerely,

'h/b AfN Ted C. Feigenbaum Vice President cc: ASta Service List Mr. Victor Narses, Project Manager Project Directorate I-3 Division of Reactor Projects United States Nuclear Regulatory Ccumission Washington, DC 20555 Mr. William T. Russell Regional Administrator United States Nuclear Regulatory Comission Region I 631 Park Avenue King of Prussia, PA 19406 Mr. Antone C. Carne MIC Senior Resident Irsgwr Seabrook Station Seabrock, Mt 03874

4 PENHI

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New Hampshire Yankee Division NHY 9870766 December 29, 1987 Board of Selectman Town Hall Marrimac, 1R 01860

Dear Selectmen,

As you know, New Hangshire Yankee Division currently owns and maintains a public alert notification system in the Tom of Merrimac.

The public alert notification system m s originally installed for use by Civil Defense officials in the event of an incident at Seabrook Statico. As an additional feature, local public safety officials have been offered the capability to activate these sirens for use in a raaber of potential anargency situations, including natural disasters, hazardous materials incidents, or fires.

As a result of recent ocurt actions on siren pole renoval, New Haupshire Yankee is taking steps to provide alternative methods of notification to Massachusetts residents living within 10 miles of Seabrook Station.

maran== we believe that the sirens could continue to provide local civil defense authorities with an effective means of notifying residents of anargencias not related to Seabrook, we are extending to the 7 bun of Merrimac the following offer. New Begehire Yankee will give the sirens and poles to the Town of Merrimac. We will disconnect all equisment used by Seabrook personnel to activate the sirens. Me will not be ine1M ig the Massachusetts siren syntaa in any documentation to the Itacimar Regulatory amenission or the Federal Buergency Management Agency involving the licensing of Seabrook station.

Me have stated repeatedly that we wish to be good naiv h e. Ma understand that s es feel strongly that they wish not to participate in seargency M 45 for Seabrook Station. We respect these feelings.

Despite the differences in opinion on Seabrook, we don't believe that loomi residents are unil served by the re oval of an esisting public alert notification systas. Me request that our proposal be included on the agenda I of the next meeting of the Board of Selectmen. Me would be willing to have a representative of New Beepshire Yankee attend the meeting and answer any questions you may have.

P.o. sox 300 . seatwook, NH 03874 . Telephone (603) 474 9674 l

s Please advise us whether you will be considering our propo'3al at your upcoming meeting. If we can answer any further questions, please contact Debra Vanderbeek at (603) 474-9521, Ext. 3204. Thank you for your con-sideration.

Sincerely, kb Ted C. Feigenbaum Vice President cc: ASIB Service List Mr. Victor Nerses, Project Manager Project Directorate I-3 Division of Reactor Projects United States Nuclear Regulatory Cm mission Washington, DC 20555 Mr. William T. Russell I Regional Administrator United States Nuclear Regulatory Cmmission Region I 631 Park Avenue King of Prussia, PA 19406 Mr. Antone C. Carne lac Senior Resident Inspector Seabrook Station Seabrook, Mt 03874 I

4 I

Put2c SoMce of New Hampshire New Hamoshire Yankee Division NHY #870769 Dece ber 29, 1987 Board of Selectmen 381 Main Street West Newbury, MA 01985

Dear Selectmen,

As you know, New Hmpshire Yankee Division currently owns and maintains a public alert notification syste in the 'Ibwn of West Newbury.

The public alert notification system was originally installed for use by Civil Detense officials in the event of an incident at Seabrook Station. As an additional feature, local p2blic safety officials have the capability to activate these sirens for use in a number of potential w egency situations, including natural disasters, hazardous materials incidents, or fires.

As a result of recent court actions on siren pole removal, New Harpshire

! Yankee is taking steps to provide alternative methods of notification to Massachusetts residents living within 10 miles of Seabrook Station.

Because we believe that the sirens could continue to provide local civil defense authorities with an effective means of notifying residents of mergencies not related to Seabrook, we are extending to the Town of West Newbury the following offer. New Bangshire Yankee will give the sirens and poles to the Town of West Newbury. We will disconnect all equignant used by Seabrook personnel to activate the sirens. We will not be including the Massachusetts siren system in any rh'=antation to the h elear Regulatory Cmmission or the 1%deral Beargency Management Agency involving the licensing

of Seabrook Station.

We have stated repeatedly that we wish to be good neighbors. We understand that same feel strongly that they wish not to participate in mergency Ming for Seabrock Station. We respect these feelings.

Despite the differences in opinion on Seabrook, we don't believe that local residents are wall served by the removal of an existing public alert notification system. We request that our pr - 1 be included on the agenda of the next meeting of the Board of Selectmen. No would be willing to have a representative of New Hampshire Yankee attend the meeting and answer any questions you may have.

l

\

P.O. Box 300. Seabrook, NH 03874 . Telephone (603) 474 9574 l

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4 Please advise us whether you will be considering our proposal at your upconing meeting. If we can answer any further questions, please contact Debra vanderbeek at (603) 474-9521, Det. 3204. 'Ihank you for your con-sideration.

Sincerely, gh.n W Ted C. Feigenbaum Vice President cc: ASIB Service List Mr. Victor Nerses, Project Manager Project Directorate I-3 Division of Reactor Projects United States Nuclear Regulatory Cannission Washington, DC 20555 Mr. William T. Russell Regional Administrator United States Nuclear Regulatory Ccenission Region I 631 Park Avenue King of Prussia, PA 19406 Mr. Antone C. Cerns MC Senior Resident Inspector Seabrook Station Seabrook, m 03874

I 1*

( UNITED STATES OF AMERICA U RC NUCLEAR REGULATORY COMMISSION 18 JE 11 P3:04 0FFICE GF SEJLTAn v 00CKElihG A W4VICf.

BRANCH

)

In the Matter of )

)

PUBLIC SERVICE COMPANY OF NEW ) Docket No.(s) 50-443/444-OL HAMPSHIRE, ET AL. )

(Seabrook Station, Units 1 and 2) )

) i

)

CERTIFICATE OF SERVICE I, Stephen A. Jonas, hereby certify that on January 7, 1988, I made service of the within Contention of Attorney General James M.

l Shannon on Notification Systems for Massachusetts and Motion to Admit Late-filed Contention and Reopen the Record, by mailing copies thereof, postage prepaid, by first class mail to, or by Federal Express to those individuals as indicated by *:

Ivan Smith, Chairman Gustave A. Linenberger, Jr.

Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Dr. Jerry Harbour Sherwin E. Turk, Esq.

Atomic Safety & Licensing Board Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Commission East West Towers Building Tenth Floor 4350 East West Highway 7735 Old Georgetown Road Bethesda, MD 20814 Bethesda, MD 20814 H. Joseph Flynn, Esq. Stephen E. Merrill Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee Federal Emergency Management Assistant Attorney General Agency Office of the Attorney General 500 C Street, S.W. 25 Capitol Street Washington, DC 20472 Concord, NH 03301

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

• Docketing and Service Paul A. Fritzsche, Esq.

U.S. Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC. 20555 Augusta, ME 04333 Roberta C. Pevear Diana P. Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844

• Atomic Safety & Licensing Robert A. Backus, Esq.

Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P O. Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S. Nuclear, Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 Paul McEachern, Esq. J. P. Nadeau Matthew T. Brock, Esq. Board of Selectmen Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 Sandra Gavutis, Chairperson Calvin A. Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall j Rte. 107 126 Daniel Street '

E. Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J. Humphrey Angelo Machiros, Chairman U.S. Senate Board of Selectmen Washington, DC 20510 25 High Road I

(Attn: Tom Burack) Newbury, MA 10950 Senator Gordon J. Humphrey Edward G. Molin 1 Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 Donald E. Chick William Lord Town Manager Board of Selectmen Town of Exeter Town Hall z 10 Front Street Friend Street i Exeter, NH 03833 Amesbury, MA 01913

l Brentwood Board of Selectmen Gary W. Holmes, Esq.

RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 Philip Ahrens, Esq. Diane Curran, Esq.

Assistant Attorney General Harmon & Weiss Department of the Attorney Suite 430 General 2001 S Street, N.W.

State House Station #6 Washington, DC 20009 Augusta, ME 04333

• Thomas G. Dignan, Esq. Richard A. Hampe, Esq.

R.K. Gad III, Esq. Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 Beverly Hollingworth Edward A. Thomas 209 Winnacunnet Road Federal Emergency Management Hampton, NH 03842 Agency 442 J.W. McCormack (POCH)

Boston, MA 02109 William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Carrigg, Chairman Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director Atomic Safety and Licensing Town of Brentwood Board Panel 20 Franklin Street U.S. Nuclear Regulatory Exeter, NJ 03833 Commission Washington, DC 20555 Dr. Emmeth A. Luebke Charles P. Graham, Esq.

5500 Friendship Boulevard McKay, Murphy & Graham Apartment 1923 Old Post Office Square Chevy Chase, MD 100 Main Street Amesbury, MA 01913 Judith H. Mizner, Esq.

Silvergate, Gertner, Baker, Fine, Good & Mizner 88 Broad Street Boston, MA 02110

s 1

Rep. Edward J. Markey, Chairman

• Alan S. Rosenthal, Chairman U.S. House of Representatives Atomic Safety & Licensing Subcommittee on Energy Appeal Board Conservation and Power U.S. Nuclear Regulatory Commission Room H2-316 East West Towers Building House Office Building Third Floor Mailroom Annex No. 2 4350 East West Highway Washington, DC 20515 Bethesda, MD 20814 Attn: Linda Correia

• Howard A. Wilber Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission East West Towers Building Third Floor Mailroom 4350 East West Highway Bethesda, MD 20814 h .--

S t e pti'e n A . Jojas Deputy Chief Public Protectin Bureau Assistant Attorney General Department of the Attorney General One Ashburton Place Boston, MA 02108 (617) 727-4878 Dated: January 7, 1988 c ._ . ____ _ _ _ - _ _ _ _ _ _ _ _ - - _ _ _ _ _ _ _ _ - _ _ - _