ML20211E048
| ML20211E048 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/06/1986 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#286-534 OL, NUDOCS 8606130204 | |
| Download: ML20211E048 (5) | |
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UNITED STATES OF AMERICA J
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ATOMIC SAFETY AND LICENSING BOARD 4,
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Dockes Nos. 50-443-OL NEW HAMPSHIRE, et al.
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50-444-OL
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Off-site Emergency (Seabrook Station, Units 1 and 2) )
Planning Issues
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APPLICANTS' RESPONSE TO THE STATE OF NEW HAMPSHIRE'S MOTION FOR
SUMMARY
DISPOSITION OF KENSINGTON CONTENTION NO. 4 The Applicants herein respond to the State of New Hampshire's Motion for Summary Disposition of Kensington Contention No. 4 and say that for the reasons set forth below the motion should be allowed.
The thrust of Kensington Contention No. 4 is that the Kensington Elementary School, which will be utilized for shelter if a shelter-in-place order is given for the Town of Kensington is, in the eyes of the Town of Kensington,
" inadequate".
The State o,f New Hampshire has filed a motion and affidavit which demonstrates that the shelter provided 8606130204 860606 PDR ADOCK 05000443 G
PDR D50s
by the Kensington Elementary Schoo] would afford a dose reduction factor of at least
.9.
The state further points out that this is consistent with the decisionmaking criteria in the NHRERP.
The Applicants agree with and adopt the reasoning of the State of New Hampshire in its brief in support of its motion.
In addition, there is another and separate reason why this motion should be allowed.
This contention like some others, some of which have already been excluded, essentially is raising the question of whether a town or the state is required to build a new shelter in order to permit the operation of Seabrook.
It is clear that extraordinary measures such as the construction of new shelters simply are not required by the Commission's regulations.
Southern California Edison Co. (San Onofre Nuclear Generating Station, Units 1 and 3), CLI-83-10, 17 NRC 528, 533 (1983).
The dose reduction factor that can be supplied by the Kensington Elementary School is what it is and there is no requirement that a new shelter be constructed to provide a greater DRF.
In short, the state plan calls for utilizing the school in a proper manner.
It acknowledges the dose reduction factor that is attainable and calls for the making of decisions on the basis of the fact that this is all that is available.
In light of the foregoing, the motion should be allowed l
l both for the reasons articulated in the brief filed by the
State of'New Hampshire and for the reasons set forth immediately above.
Respectfully submitted, 19W
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. thomas G. g an, Jr.
R. K. Gad III Ropes & Gray 225 Franklin Street Boston, MA ~ 02110 (617) 423-6100 Counsel for the Applicants i
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CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr.,
one of the attorneys for the Applicants herein, hereby certify that on June 6, 1986, I made service of the within document by mailing copies thereof, postage prepaid, to:
Administrative Judge Helen Hoyt Stephen E. Merrill, Esquire Chairperson Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S. Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street Washington, DG 20555 Concord, NH 03301-6397 Dr. Emmeth A. Luebke Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, DC-205S5 Washington, DC 20555 Rcbert Carrigg, Chairman Richard A. Hampe, Esquire Board of Selectmen Hampe and McNicholas Town Office 35 Pleasant Street Atlantic Avenue Concord, NH 03301 North Hampton, bal 03862 Diane Curran, Enquire Sherwin E.
Turk, Esquire Harmon & Woios Office of the Executive Legal Suite 430 Director 2001 $ Street, N.W.
U.S. Nuclear Regulatory Washington, DC 20009 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commicalon P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105 Atomic Safety and Licensing Mr. Ed Thomas Board Panel FEMA, Region I U.S. Nuclear Regulatory 442 John W. McCormack Post Commission Office and Court House Washington, DC 20555 Post Office Square Boston, MA 02109
Paul McEachern, Esquire Carol S.
Sneider, Esquire Matthew T.
Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney General 25 Maplewood Avenue One Ashburton Place, 19th Floor P.O.
Box 360 Boston, MA 02108 Portsmouth, NH 03801 Gary W.
Holmes, Esquire Mr. Peter J. Matthews Holmes & Elis Mayor 47 Winnacunnet Road City Hall Hampton, NH 03841 Newburyport, MA 01950 Mrs. Sandra Gavutis Mr. Calvin A.
Canney Chairman, Board of Selectmen City Manager RED 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angie Machiros U.S.
Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950 Senator Gordon J. Humphrey Mr.
J.
P.
Nadeau 1 Pillsbury Street Selectmen's Office Concord, NH 03301 10 Central Road (Attn:
Herb Boynton)
Rye, NH 03870 Mr. Thomas F. Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RED Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
Judith H. Mizner, Esquire Washington, DC 20472 Silvergate, Gertner, Baker Fine, Good & Mizner Philip Ahrens, Esquire 88 Broad Street Assistant Attorney General Boston, MA 02110 Department of the Attorney General Augusta, ME 04333 Thomas G.
Dfgnan, Jr.
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