ML20080H229

Response Opposing Town of Hampton Falls 830906 Contention on State of Nh Emergency Plan.No Regulation Cited as Basis. Legal Basis for Contention Unclear.Certificate of Svc Encl

ML20080H229
Person / Time
Site:	Seabrook
Issue date:	09/19/1983
From:	Dignan T, Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8309210204
Download: ML20080H229 (4)

Text

..

,4 Dated:

September 19, 1983 y

i D0CNETED USNRC N SEP 20 P2.54 UNITED STATES OF AMERICA i

[CMgNG SE Vih*

CE NUCLEAR REGULATORY COMMISSION BRANCH before the ATOMIC SAFETY AND LICENSING BOARD i

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)

In the Matter of

)

)

PUBLIC SERVICE COMPANY OF NEW

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Docket Nos. 50-443

-HAMPSHIRE, et al.

)

50-444

)

.(Seabrook Station, Units 1 & 2)

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)

APPLICANTS' RESPONSE TO THE CONTENTIONS OF THE TOWN OF HAMPTON FALLS RELATIVE TO EMERGENCY PLANNING FOR THE STATE OF N.H.

Under date of September 6, 1983 the Town of Hampton Falls has submitted the.following contention with respect to

-the State of New Hampshire's Emergency Plan:

"The planning for the EPZ by the State of N.H.

is inadequate and would not protect the public health and safety because there is no plan for the Town of Hampton Falls, N.H."

The stated basis for this contention is that "there is no l

plan for the Town of Hampton Falls".

No regulation is cited as a basic for the contention.

It is not clear what the legal basis for this contention is.

If it is the contention of the town that there is an 4

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e absolute requirement under the regulations that each individual town have an energy plan denominated as the town's.and acceptable to it, that simply is not the law.

Long Island Lighting Co. (Shoreham Nuclear Power Station,

~

Unit 1), CLI-83-13, 17 NRC 2 CCH Nuclear Reg. Rep. 1 30,786 (May 12, 1983).

If the contention is that the state plan will not work without Hampton Falls input, there has been no adequate basis stated for such a contention.

There is no reason why the state plan cannot be adjusted to account for the lack of a plan from Hampton Falls.

In short, given the lack of detail at present, the contention as stated should be denied.

Respectfull submitted, ses.

Thomas G. Dignan, Jr.

R.

K. Gad III Ropes & Gray 225 Franklin Street Boston, MA O2110 (617) 423-6100 i

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CERTIFICATE OF SERVICE 4

I, Thomas G. Dignan, Jr.,

one of the attorneys for the Applicants herein, hereby certify that on September 19, 1983, I made service of the within document by mailing copies thereof, postage prepaid, to:

Helen Hoyt, Chairperson Brian P. Cassidy, Esquire Atomic Safety and Licensing Regional Counsel Board Panel Federal Emergency Management U.S. Nuclear Regulatory Commission Agency - Region I Washington, D.C.

20555 442 POCH Boston, MA 02109 Dr. Emmeth A.

Luebke William S.

Jordan, III, Esquire Atomic Safety and Licensing Harmon & Weiss Board Panel 1725 I Street, N.W.

U.S. Nuclear Regulatory Commission Suite 506 Washington, DC 20555 Washington, DC 20006 Dr. Jerry Harbour George Dana Bisbee, Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Office of the Attorney General U.S. Nuclear Regulatory Commission 208 State House Annex Washington, DC 20555 Concord, NH 03301 Atomic Safety and Licensing Roy P.

Lessy, Jr.,

Esquire

' Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Commission Director Washington, DC 20555 U.S.

Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Appeal Robert A. Backus, Esquire l

Board Panel 116 Lowell Street U.S.

Nuclear Regulatory Commission P.O.

Box 516 l

Washington, DC 20555 Manchester, NH 03105 I

Philip Ahrens, Esquire Anne Verge, Chairperson Assistant Attorney General Board of Selectmen Department of the Attorney Town Hall l

General South Hampton, NH Augusta, ME 04333 David R.

Lewis, Esquire Jo Ann Shotwell, Esquire Atomic Safety and Licensing Assistant Attorney General Board Environmental Protection Bureau U.S. Nuclear Regulatory Commission Department of the Attorney General Washington, DC 20555 One Ashburton Place, 19th Floor Boston, MA 02108

.c

'v.

Mr. Charles Cross, Esq.

Brentwood Board of Selectmen Shaines, Madrigan, & McEachern R.F.D.,

Dalton Road v

25 Maplewood Avenue Brentwood, NH 03833 P.O.

Box 366 i

Portsmouth, NH 03801

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State Rep. Roberta C. Pevear Calvin A.

Canney, City Manager Drinkwater Road City Hall, 126 Daniel Street I

Hampton Falls, NH 03844 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Patrick J. McKeon RFD 1 Selectmen's Office East Kingston, NH 03827 10 Central Road

[

Rye, NH C3870 Senator Gordon J. Humphrey Mr. Angie Machiros I

U.S. Senate Chairman of the Board of Washington, DC 20510 Selectmen (Attn:

Tom Burack)

Town of Newbury Nswbury, MA 01950 Town Manager's Office Richard E.

Sullivan, Mayor Town Hall - Friend Street City Hall Amesbury, MA 01913 Newburyport, MA 01950 Ms. Diana P. Randall Donald E.. Chick, Town Manager 70 Collins Street Town of Exeter Seabrook, NH 03874 10 Front Street Exeter, NH 03833 Senator Gordon J. Humphrey One Pillsbury Street Concord, NH 03301 (Attn:

Herb Boynton)

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Thomas G. D)(pdn,'Jr.

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