ML20052H440
| ML20052H440 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/14/1982 |
| From: | Dignan T, Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8205210056 | |
| Download: ML20052H440 (5) | |
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- 4 UNITED STATES OF AMERICA ld.I' NUCLEAR REGULATORY COMMISSION
'82 MI19 TH:33 ATOMIC SAFETY AND LICENSING BOARD h,
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
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50-444-OL 4
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(Seabrook Station, Units 1 & 2)
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APPLICANTS' RESPONSE TO SUPPLEMENT TO PETITION TO INTERVBNE AND CONTENTIONS OF THE COASTAL CHAMBER OF COMMERCE OF NEW HAMPSHIRE 4
On May 13, 1982, the Coastal Chamber of Commerce of New Hampshire (CCCNH) filed a " Supplement to Petition to Intervene and Contentions."
For the reasons set forth below, the appli-cants say that the petition to intervene of CCCNH as amended by this supplement should be denied.
The applicants concede that the new filing overcomes the formality cbjections raised by the applicants with respect to the initial petition.
However, as set out infra, CCCNH still has not satisfied the "one good contention" rule.
CCCNH's first contention is that time limits must be set for the evacuation of the area within a 10 mile radius of Seabrook, "to avoid the radiation / contamination of any resident and/cr transient tourist population."
NRC regulations do not require a demonstration that any particular area of any kind B205210056 820514 PDR ADOCK 05000443 g
O PDR
r can be evacuated Uithin a certain time frame.
Public Service Company of New Hampshire (Seabrook Station, Units 1 and 2),
DD-81-14, 14 NRC 279, 282-83 (1981).
CCCNH's second contention assumes the resolution of the first by the setting of a time limit for the evacuation and is thus not litigable for the same reason as the first.
By contention No. 3 CCCNH seeks a ruling that municipali-ties and the State of New Hampshire must review any evacuation plans before they are submitted to NRC.
The regulations con-tain no such requirement.
It is not clear exactly what CCCNH is trying to raise by virtue of its fourth contention.
If the contention is that "all available avenues and safeguards" must be in place before operation, the contention should be rejected as being imper-missibly vague.
If, as we suspect, this is a contention that the presence of the plant will adversely affect tourism, the contention should be rejected as having been previously liti-gated in the construction permit proceeding.
Public Service Company of New Hampshire (Seabrook Station, Units 1 & 2),.
LBP-76-26, 3 NRC 857, 881-82 (1976).
"[A]n operating license proceeding should not be utilized to rehash issues already ventilated and resolved at the construction permit stage."
Alabama Power Co.
(Joseph M. Farley Nuclear Plant, Units 1
.and 2), CLI-74-12, 7AEC 203 (1974).
CONCLUSION The petition to intervene of CCCNH, as supplemented, should be denied.
Respectfully submitted, s/ Thomas G.
Dignan, Jr.
s/ R.
K. Gad III s/ Ropes & Gray Thomas G.
Dignan, Jr.
R.
K. Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617)423-6100 May 14, 1982
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CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr., one of the attorneys for the applicants herein, hereby certify that on May 14, 1982 I'made service of the within document by mailing copies thereof, postage prepaid, to:
Helen Hoyt, Chairperson Cooperative ~ Members for Atomic Safety and Licensing Responsible Investment Board Panel Box 65 U.S. Nuclear Regulatory Commission Plymouth, NH 0 264 Washington, DC 20555 Rep.' Nicholas J.
Coste11o' Dr. Emmeth A. Luebke Whitehall Road Atomic Safety and Licensing Amesbury, MA 01913 Board Panel U.S. Nuclear Regulatory Commission Donald L. Herzberg, M.D.
Washington, DC 20555 George Margolis, M.D.
Hitchcock Hospital Dr. Oscar H. Paris Hanover, NH 03755 Atomic Safety and Licensing Board Panel Rep. Beverly Hollingworth U.S. Nuclear Regulatory Commission Coastal Chamber of Commerce Washington, DC 20555 209 Winnacunnet Road Hampton, NH 03842 Atomic Safety and' Licensing Board Panel Ms. Patti Jacobson U.S. Nuclear Regulatory Commission 3 Orange Street Washington, DC 20555 Newburyport, MA 01950 Atomic Safety and Licensing Appeal William S. Jordan, III, Esquire Board Panel Harmon & Weiss U.S. Nuclear Regulatory Commission 1725 I Street, N.W.
Washington, DC 20555 Suite 506 Wr.chington, DC 20006 Philip Ahrens, Esquire Assistant Attorney General E. Tupper Kinder,' Esquire Department of the Attorney Assistant Attorney General General Office of the Attorney General Augusta, ME 04333 208 State House Annex Concord, NH 03301 Robert A. Backus, Esquire 116 Lowell Street Roy P. Lessy, Jr., Esquire P.O. Box 516 Office of the Exe~cutive Legal Manchester, NH 03105 Director U.S. Nuclear Regulatory Commissi&
Robert L. Chiesa, Esquire Washington, DC 20555 Wadleigh, Starr, Peters, Dunn & Kohls 95 Market Street Manchester, NH 03101 i
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Edward J. McDermott, Esquire Sanders and McDermott Professional Association 408 Lafayette Road Hampton, NH 03842 Mr. Robert F. Preston 226 Winnacunnet Road Hampton, NH 03842 Wilfred L. Sanders, Jr., Esquire Sanders and McDermott Professional Association 408 Lafayette Road Hampton, NH 03842 Jo Ann Shotwell, Esquire Assistant Attorney General Environmental Protection Division Public Protection Bureau Department of the Attorn?y General One Ashburton Place, 19th Floor Boston, MA 02108
/s Thomas G.
Dignan. Jr.
Tnomas G.
Dignan, Jr.
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