ML20215E197

Applicants Motion for Summary Disposition of Seacoast Anti- Pollution League Redrafted Contention 15.*

ML20215E197
Person / Time
Site:	Seabrook
Issue date:	06/11/1987
From:	Lewald G PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20215D921	List: ML20215D918 ML20215D966 ML20215D992 ML20215E002 ML20215E030 ML20215E043 ML20215E068 ML20215E081 ML20215E103 ML20215E128 ML20215E181 ML20215E191 ML20215E197 ML20215E206 ML20215E217 ML20215E234 ML20215E246 ML20215E272 ML20215E323 ML20215E337 ML20215E362 ML20215E383
References
OL, NUDOCS 8706190287
Download: ML20215E197 (5)

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Dated: June 11, 1987 UNITED STATES OF' AMERICA NUCLEAR REGULATORY COMMISSION before the i

ATOMIC SAFETY AND LICENSING BOARD l

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In the Matter of ) ]

) l 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 OF SEACOAST ANTI-POLLUTION LEAOUE REDRAFTED CONTENTION No. 15 Pursuant to 10 CFR 6 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 l l

Board to enter an order granting summary disposition in .i favor of Applicants with respect to Seacoast Anti-Pollution League (SAPL) Redrafted Contention No. 15.

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

The letters of agreement that have been submitted by the N.H. Civil Defense Agency in Volume 5 of the State plan fail to meet the requirements of 10 CFR S 50.47(a)(1), 9 50.47(b)(1),

S 50.47(b)(3), 9 50.47(b)(12), Appendix E.II.B. i 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 j services, not recipients and not required of (

individuals collectively supplying a labor force 1 or activity.

Memorandum and Order of February 18, 1987 at 4.

1 As set forth in the Affidavit of Richard H. Strome (SAPL Redrafted Contention No. 15), all necessary letters of agreement have been obtained. Letters of agreement with l

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 l letters required for Reception Centers or the Rockingham County Dispatch Center, which are operated by government

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_ agencies. In any 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 3, 6. Mass Care facilities are  !

I operated by the American Red Cross with which NHCDA has'a letter of agreement. Affidavit 1 4. NHCDA has letters of j l

agreement with all special facilities identified in SAPL j i

Rodrafted Contention No. 15 and their respective host I facilities. Affidavit V 5. No letter of agreement is required with New England Telephone Company, as it is not l l

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 l

with OMNE Partners II will be updated if that becomes

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necessary. Affidavit 1 9.

By their attorneys, l C+fe Thomas G. Dignan, Jr.

George H. Lewald Kathryn A. Selleck Deborah S. Steenland Ropes & Gray j 225 Franklin Street l Boston, MA 02110 (617)423-6100 I

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, ;a STATEMENT OF MATERIAL' FACTS NOT IN DISPUTE -;

1. The NHRERP identifies the Department of> Defense as.a l federal support agency which-will provide military.

assistance, in the. form of manpower, technical. support, andI- .:

1 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. .PeasefAir Force 1

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

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American Red Cross and not by NHCDA. Volume 5 of the NHRERP j contains a letter of agreement with the American-Red Cross.

Therefore, no letter of agreement is required with Mass Care Facilities.

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4. NHCDA has letters of agreement.with all Special )

Facilities identified in SAPL Redrafted Contention No. 15. -l In addition, letters of agreements have'been procured from l 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 .l i

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required. In any event Volume 5 contains a letter of .

1 agreement with the Rockingham County Sheriff's Department which operates the Rockingham County Dispatch Center.

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6. New England Telephone Company is not assigned a l

responsibility under NHRERP. Thus, no letter of agreement is required with that. firm. 3 l

7. In NHRERP Volume 4, Appendix I, the totals of 574 i

t buses and 510 drivers are accurate and consistent with the  !

, . b numbers committed to in the letters of agreement. Only a I J

total of 515 buses and drivers are actually needed. A i letter of agreement has been executed with Local 633 of the

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Teamsters whereby they agree to provide a back-up pool of up to 1,500 drivers. Letters of agreement with owners are being obtained permitting the mobilization of these drivers

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I by the union.

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8. As of June 3, 1987 Letters of Agreement with several l

private trucking companies making available a total of 53 Teamster employees to the emergency driver pool have been obtained. An effort to execute similar agreements with additional companies is ongoing.

9. The current letter of agreement with OMNE Partners II meets the requirements of 10 CFR 50.47 (a)(i),

5 50.47 (b)(i), S 50.47(b)(3), $ 50.47 (b)(12), Appendix E.11.B and NHREG-0654 II.A.3, II.C.4, and II.p.4. If needed, this letter of agreement will be updated.