ML20234C705

Affidavit of Pj Matthews.* Remaining Emergency Notification Sirens Will Not Be Used for Emergency Planning Purposes. Related Info Encl

ML20234C705
Person / Time
Site:	Seabrook
Issue date:	11/30/1987
From:	Matthews P NEWBURYPORT, MA
To:
Shared Package
ML20234C688	List: ML20234C687 ML20234C705 ML20234C716 ML20234C753
References
OL-1, NUDOCS 8801060300
Download: ML20234C705 (14)

Text

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EXHIBIT 1 SEEIRSVIT QE ESTES Ja JSTISEUS I, Peter J. Matthewu, Rase oath and say es follows:

1. .:y naue is Peter J. Matthews.

I am, and sinca January, 1936 have been, dayor of the City of dewburyport, .dassachaaet:L.

2. On Septenber 13, 1987 I executed an affidavit in wnic.. I stated that six (6) of the eight (8) emergency notification sirens located in the City of Hewburyport were going to be removad.

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3. Consistent with my prior affidavit, six of the eight amargency notification sirens in the City of Newburyport have ocen dismantled, removed f rom the utility poles on which they were located and are inoperable.

4. Two e:aergency notification sirens remain in the City of Cauburyport. They are located on the Neuburyport portion of Plum Island and on Turkey Hill Road in the west end of Newburyport.

The two remaining sirens will ce used only for the City's fire alarm system. Consistent with Newouryport Ordinance 8-17, they will not ce used for Seabrook emergency planning purposes.

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$4 Suoscribed and sworn to before me this day of Novecoer, 1987.

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l EXHIBIT 2 mes aur 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- -

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 Be.srd 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, j 1

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i mes aur i Board of Selectmen Town Hall, Amesbury, MA 01913 Tel. 388-0290 l

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 forced to remove the sirens and poles, they will not be released to PSNH until the Town is reimbursed for all costs incurred, including storage.

By, Order of the Board of Selectmen, Robert E. Gaudet, Chairman William S. Lord, Vice-Chairman James N. Thivierge Neil F. Morrissey cc: Attorney General James Shannon Edward Thomas, FEMA West Newbury Selectmen -

Salisbury Selectmen Merrimac Selectmen Newbury Selectmen ,

Newburyport City Solicitor Haverhill City solicitor

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l ASHOD N. AMIRIAN ATTORNEY AT LAW 376 MAIN STREET, HAVERHILL, MA 01830 TEL. (617) 372 8531 MEMBER OF MASSACHUSETTS 378 1545 AND NEW HAMP8 HIRE BAR December 23, 1987 ATTORNEYGENERACf R W "' m E Il Robert J. Stillman , Esquire C TFC241987 YI E

R0 PES & GRAY 1 225 Franklin Street Nef oston, MA 02110 cc ,.. , f _. -

Department of the Attorney General s Stephen A. Jonas, Deputy Chief Department of the Attorney General John W. McCormack State Office Building One Ashburton Place Boston, MA 02108-1698 Re: Town of Merrimac Gen tl emen ,

I am wri ting in behalf of the Town of Merrimac with regards to the sirens erected by your client, Public Service I am wri ting to you Company of feew Hampshire, in that town.

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 af ter their removal.

Please let me know what your client's intentio9; are regarding the removal of the poles and sirens as soon as possible.

tru y ours, Ashod N. Amirian Town Counsel ANA:Ph cc: Board of Selectmen

LAGOULIS, CLARK, HILL-WHILTON & MCGUIRE ATTORNEYS AT LAW 01950 * (617) 462 9393 79 ST ATE STREET + NEWBURYPORT, M ASS ACliUSETTS LACOULIS & CLARK, P.C.

R.SCOTTnlLL WillLTON MAURICE G. MCCUIRE JAMES KEVIN BRICitTNEY'

' Admhied Massactmoetts. New HampeNav.

December 17, 1987 J

Robert J. Stillinan, Esq.

Ropes & Grey 225 Franklin Street Boston, IIA 02110 Re: Toun of 11ewbury

Dear !!r. Stillroan:

I am writing on behalf of the' Town of 11ewbury Public with regard Service Company of Ileu to the siretts erected by your client,I am writing to you per your earlier 11ampshir e, in that town.

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

l of I f In light of the recent decision of the First Circuit Courtthe tiewbur Appeals, 1987 unless your client has poles in llewbury on December 31, removed them prior to that date.

The poles aind sirelis, if dismantled by the town, will be stored at the expense of your client if your client declines to reiaove )

them or does not take inunediate possession of them af ter their l

removal.

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

Very truly yours,

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AMESBUAY. MASSACHUSC7tS osos 3 ses 76 3ee-3354 December 18, 1987 Robert J. Stillman, Esquire Hopes & Gray 225 Franklin Street Boston, MA 02110 Be n . P.S.N.H. 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.H. 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.S.N.H. equipment and poles on Town property in Salisbury will be dismantled and renoved' commencing on January 2, 1988, if such equipment and poles are not first removed 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 elamage to the equipment. Moreover, as the Town's storage facilities are extremeJy 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.

cooperation.

Thank you for your attention and anticipated Respectfully, Charles P. Graham CPG:smh cca Board of Selectmen Town of Salisbury

l EXHIBIT 3 1

New Hampshire Yankee Division l

l NHY #870765 December 29, 1987 I

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Board of Selectmen Town Hall Friend Street Anesbury, MA 01913 k

Dear Selectmen,

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1 As you know, New Hanpshire Yankee Division currently owns and maintains a i public alert notification system in the 'Ibwn of Amesbury.

The public alert notification system was originally installed for use by j Civil Defense officials in the event of an incident at Seabrook Station. As i an additional feature, local public safety officials have the capability to '

activate these sirens for use in a number of potential mergency situations, including natural disasters, hazardous materials incidents, or fires.

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As a result of recent court actions on siren pole r e oval, New Hampshire Yankee is taking steps to provide alternative methods of notification to Massachusetts residents living within 10 miles of Seabrook Station. i Because we believe that the sirens could continue to provide local civil l.)

defense authorities with an effective means of notifying residents of I emergencies not related to Seabrook, we are extending to the Town of Amesbury {

the following offer. New Hangshire Yankee will give the sirens and poles to i the Town of Amesbury. We will disconnect all equipment used by Seabrook personnel to activate the sirens. We will not be including the Massachusetts siren system in any rh'w=ntation to the Nuclear Regulatory Otmmission or the Federal Dnergency Management Agency involving the licensing of Seabrook Station. )

1 We have stated repeatedly that we wish to be good neighbors. We {

understand that see feel strongly that they wish not to participate in I emergency planning for Seabrook Station. We respect these feelings.

Despite the differences in opinion on Seabrook, m don't believe that -

local residents are well served by the renoval of a . wxisting public alert  ;

notification system. We request that our proposal u beluded on the agenda  !

of the next meeting of the Board of Selectmen. We would be willing to have a l representative of New Hanpshire Yankee attend the meeting and answer any questions you may have.

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

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

Sincerely,

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hTedVice

/b dlbaum C. Feigen President cc: ASLB Service List Mr. Victor Nerses, Project Manager Project Directorate I-3 Division of Reactor Projects United States Nuclear Regulatory Camission Washington, DC 20555 Mr. William T. Russell Regional A&ninistrator United States Nuclear Regulatory Castission Region I 631 Park Avenue King of Prussia, PA 19406 Mr. Antone C. Corne NRC Senior Resident Inspector Seabrook Station Seabrook, MI 03874.

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EXHIBIT 4 1 !  ? Commonwealth of Massachusetts 5- Executive Office of Environmental Affairs t

Department of Environmental Management Special Use Permit New Hampshire Yankee 100 Cambridge Street Boston Massachusetts Salisbury Beach State Reservation 02202 Salisbury, Massachusetts In conjunction with a policy of land use as stated in Chap-g ter 132A, Sections 2B and 2D of the General Laws of the Commonwealth g gg of Massachusetts, and all other powers enabling:

The Commonwealth of Massachusetts, Department of Environ: mental 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-tain a public notification siren as part of the emergency planning operation for the Seabrook Station Nuclear Power Plant, Et. 1 Security Building, located in Seabrook, New Eaapshire, 03874 in the case of an accident, as well as a natural disaster or nuclear i

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.

I In order to protect the rights and safety of the general pub- 1 lic, 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. tenewal of this pernic shall be the responsibility of the Permittee.

2. In consideration for the righte 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 Commonwealth of Massachusetts, and forwarded to the above address.

Gilbert A. Bliss Direaor

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

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

'it s equipment. 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 designe<_ shall be complied with.

5. The Permittee shall be responsible to pay to said Depart-me nt 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 authorised use of the Permittee, its agents or assigns.

9. The Perttittee further agrees to save the Commonwealth harmlesa 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 a9 r time for any reason which in his opinion is in the best interest

• of the Commonwealth of Massachusetts.

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l I have read the foregoing conditions and provisions approve of, and agree" to these terms.

? 4 , l-s s' Issued Gilbert A. Bliss,' Director Division of Forests and Parks M

Accepted George A. Thomas, Vice President Seabrook Station Public Service of New Hampshire A2 2 H sh

'Appfovpd e Gutensohn, Commissioner Depar ' ment of Environmental Management CAB /JG/j z

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g EXHIBIT 5 Q O I Commonwealth of Massachusetts i*-

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f Executive Office of Environmental Affairs L MA?'

Department of Environmental Management December 11, 1987 100 Cambridge street Boston Massachusetts 02202 Mr. George S. Thomas Vice President, Nuclear Production New Hampshre Yankee Division Office of the PO Box 300 Commissioner Seabrook, New Hampshire 03874 RE: Removal of Equipment Left at Salisbury Beach State Reservation

Dear Mr. Thomas:

I call your attention to my letter of October 24, 1987, when I informed you that this Department would not renew the permit which allowed you to maintain a public notification siren at the Salisbury Beach State Reservation.

That letter gave you a period up through Monday, Novem-ber 30, 1987 to remove your equipment and property. As of this date. I have been informed that your property is still there.

I will extend to an additional five work days after receipt of this letter to remove New Hampshire Yankee equipment. If it is still in place on Friday, December 18th, employees of this Department will remove and place into storage all equipment.

You may recover it at any time thereafter by paying the cost j of removal and storage. l Lest you believe that the Department has any alternative f course under consideration, you should know by now that your l counsel, Ropes & Gray, were informed in writing on December 1st, 1987 that there is no legal basis for an appeal to my October 24th decision. A copy of this letter will be hand delivered to that firm so that they may give you timely advise as to the impact of this letter.

S cerely you ,

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Michael S. Dukalus .

Govemor 1-James S. Hoyte Secretary h ames Gutensohn l

commissioner l

James Gutensohn g Commaaner d cc: Paul J. O'Donnell,lEsq.

Ropes & Gray l _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

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3 Commonwealth of Massachusetts k- /'

Executive Office of Environmental Affairs L

Department of Environmental Management Certified #

October 24, 1987 100 Cambridge street Mr. George S. Thomas Boston Vice President, Nuclear Production M ssachusetts New Hampshire Yankee Division 02202 p,o, gox 300 Seabrook, New Hampshire 03874 RE: Special Use Permit - New Hampshire Yankee Office of the Salisbury Beach Stete Reservation Cornmissioner Salisbury, Massachusetts Term: November 1, 1986 - October 31, 1987

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Dear Mr. Thomas:

The Commonwealth of Massachusetts, Department of Environmental l Management, is in receipt of your letter dated September 10, 1987,  !

requesting renewal of the above-referenced Special Use Permit for (

the maintenance of a public notification siren at the Salisbury  !

Beach State Reservation. f I am returning to you a check #029939, dated August 31, 1987, in the amount of'S700.00, which accompanied this letter, as this office has opted to exercise its privilege not to renew the permit for another term.

New Hampshire Yankee is authorized to complete the term of its tenancy at the Salisbury Beach State Reservation, which shall remain in effect until October 31, 1987. In accordance with Provision 10 of the above-referenced permit, a copy of which is attached for l your convenience, upon final termination of the permitted use of j the facility, New Hampshire Yankee (Permittee) shall remove all of l its equipment and apparatus from the State Reservation at its own expence, on or before Monday, November 30, 1987.

Thank you for your cooperation garding this matter.

Ve 4 truly yo a gc 2 o"

• MmEIne'  !

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J:mes S. Hoyte ec: Don Stoddard, Regional Supers i tor N Mi 4 ,. g3 p . ,

Michse l rMrkW6fi@'Hamp Travia Beird,FNek shije tankeeM i isbury 4lr -

J:mes Gutensohn '

.I, Commastoner JG/jz .

Attachment l

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s t=>3\f George S. Thomas

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Pete SerWoe of New 6 New Hampshire Yankee DMelon September 10, 1987 Mr. Gilbert A. Bliss, Director Division of Forest and Parks Department of Environmental Management coussonwealth of Massachusetts 100 Cambridge Street Boston, MA 02202

Dear Mr. Blies:

Enclosed is payment for renewal of the special use permit for the public notification siren located in the Salisbury Beach State Reservation. The payment amount includes $600.00 for the maanal permit fee and $100.00 for the annual electrical surcharge, in accordance with provision #2 and #5 of the permit.

If you should have any questions, please contact Travis N. Beard (603) 474-9521, extension 2750.

Very truly yours, Geo se S. Thomas Enclosure .

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