ML19327B702

Affidavit of Jf Bassett Re Voiding of Emergency Broadcast Sys (Ebs) Ltrs of Agreement.* Discusses Fact That Applicant Has Never Followed Through on Commitment to Provide Ebs Equipment,Per 870914 Ltr of Agreement.Supporting Info Encl

ML19327B702
Person / Time
Site:	Seabrook
Issue date:	10/27/1989
From:	Bassett J MASSACHUSETTS, COMMONWEALTH OF, WCGY RADIO, LAWRENCE, MA
To:
Shared Package
ML19327B697	List: ML19327B696 ML19327B702 ML19327B704 ML19327B706
References
OL, NUDOCS 8911060370
Download: ML19327B702 (9)

Text

[

i UNITED STATES OF AMERICA  !

NUCLEAR REGULATORY COMMISSION l 5

ATOMIC SAFETY AND LICENSING BOARD l

Before the Administrative Judges: 't f,

Ivan W. Smith, Chairman  !

Dr. Richard F. Cole  !

Kenneth A. McCollom  !

I I L

t

)  !

In the Matter of ) Docket Nos. 50-443-OL i

) 50-444-OL l' PUBLIC SERVICE COMPANY )

OF NEW HAMPSHIRE, EI AL. ) i

) I (Seabrook Station, Units 1 and 2) ) October 27, 1989  !

) '

l t l

l L

AFFIDAVIT OF JOHN F. BASSETT REGARDING  !

THE VOIDING OF THE EBS LETTERS OF AGREEMENT }

I, John F. Bassett, being duly sworn, state as follows:  !

1. I am the manager of WCCM (A.M.)/WCGY (F.M.) ("WCGY")

located in Lawrence, Massachusetts. WCGY is the primary relay, or lead Emergency Broadcast System ("EBS") station, for the i Merrimac Valley operational area of the Massachusetts EBS. In i

the operational plan for the Massachusetts EBS WCGY is designated as the CPCS-1 station that has responsibility for l

. activating the EBS in the Merrimac Valley operational area.  !

l That activation is implemented by WCGY transmitting the EBS  :

attention signal followed by an informational message which is '

received by tone alert radios at the other Merrimac Valley EBS L stations. WCGY takes its role as the CPCS-1 EBS station for the Merrimac Valley seriously and, in addition to regular 8911060370 891027 3  ;

DR ADDCK 0500  !"

ATTACl! MENT F

- ~

e 1 L

E.o ,

I l

l

[ participation in the EBS testing program, has assumed i  ;

responsibility for keeping itself operationally current by I invecting in additional equipment including EBS recording devices and a back-up power supply source, i

2. It was pursuant to WCGY's serious commitment to the EBS I l

that I signed a letter of agreement on September 14, 1987 with New Hampshire Yankee (NHY). (Exhibit A). The Massachusetts EBS l l

had recognized the NHY offsite Response Organization ("ORO") as  !

a responsible local organization within the meaning of the rules i and regulations governing the EBS. In light of that recognition, WCGY agreed to activate the EBS serving the i l

Seabrook Emergency Planning Zone in the event that there .*as an emergency at Seabrook Station. In return, through its agreement i made with the Massachusetts EBS, NNY committed to provide WCGY with certain equipment including a dedicated phone line and -:

radio link that could be used to communicate with NHY in the event of an emergency at Seabrook Station. While WCGY has eight outside telephone lines, in the normal course of business on I active news days those phone lines at times are all busy.

f

3. Despite the fact that NHY committed to providing that equipment to WCGY over two years ago, to date none of the  :

equipment has been forthcoming. While approximately a year ago, WCGY engaged in discussions with a communications contractor '

sent by NHY, ALLCOMM, NHY never followed up in providing the promised equipment.

t L 4.

1 In late September 1989, I learned from Douglas J. Rowe, the co-Chairman of the Massachusetts EBS, that NHY now took the l

position that they would not provide any of the promised equipment to WCGY, or any of the other EBS stations in the

Merrimac Valley. I was informed by Mr. Rowe that EBS no longer recognized the NHY ORO as a responsible local organization ,

t within the 'means of the rules and regulations governing the l

EBS. i I was also informed that the Massachusetts EBS was voiding  ;

the letter of agreement that it had entered into with NHY, and I i t

received a copy of Douglas Rowe's letter withdrawing the  ;

i Massachusetts EBS from participation in NHY emergency planning.

(Exhibit B). v'

5. In light of the Massachusetts EBS withdrawal and NHY's failure to Jive up to its letter of commitments to WCGY, I sent i

, NHY a letter dated October 20, 1989 (Exhibit C) voiding the  !

letter of agreement that I had signed on September 14, 1987 and '

l withdrawing WCGY from participation in emergency planning with NHY. While I am aware of the 90 day termination clause in the  !

letter of agreement, I consider the withdrawal and cancellation i of that letter of agreement to be effective immediately because .

of NHY's failure to live up to its commitments under the I i

t i

letter. In any event, under the language of the letter of agreement, the termination is certainly effective 90 days from October 20, 1989. i i

The foregoing is true and correct to the best of my knowledge and belief. i

,4 C

..+" dew, John F. Bassett i

Subscri e and sworn to before me '

t,ht day October, 1989, 1 GL~(?

Notary Public, >

l My Commission Erpires:

L, ,

l . . _ . . _ _ _ . - - _ . . _ . .

l l

l A LETTER OF AGREEMENT BETWEEN RADIO STATION WCGY AND  ;

NEW HAMPSHIRE YANKEE'S OFFSITE RESPONSE ORGANIZATION I

Purpose:

To activate Emergency Broadcast System as Provided Title 47 U.S.C. 151, 154 (i) and (o), and 303 (r); Chapter 1, Part 73, Subpart G, Federal Communications Commission Rules and Regulations, Radio I l Broadcast System (EBS) as pertains to day-to-day emergency operation  !

and to provide for cooperation and coordination between New Hampshire )

Yankee's Offsite Response Organization (NHY/ORO) and the management of {

radio station WCGY 93.7 FM, Lawrence, Massachusetts, in the event of i an accident Seabrook, New/ incident at the Seabrook Nuclear Power Station (SNPS) in Hampshire. 1 l

l Scope of Activity of WCGY:

The management of WCGY, Lawrence, Massachusetts, (when '

requested) agrees to activate the Emergency Broadcast System for the Emergency Planning Zone located within the Commonwealth of Massachusetts which consists of the following six (6) communities: ,

Amesbury, Merrimac, Newbury, Newburyport, Salisbury, and West NewDury.  !

The management of WCGY further agrees to activate (when [

requested) the tone-activated radios supplied as part of the public l notification system and broadcast emergency public information when  !

notified to do so by the Offsite Response Director of the NHY/ORO, using a pre-arranged authentication system.  !

l WCGY further agrees that they have and will maintain a recording capability to record the actual voice of the NNY/ORO Offsite

Response Director, and they will broadcast the message, acceptance of/or participation in this plan shall not be deemed as a (

relinquishment of program control and shall not be deemed to prohibit the licensee from exercising its independent discretion and ,

responsibility in any given situation. '

WCGY further agrees that tho'NHY/ORO offsite Response Director is authorized (through a pre-arranged authentication procedure) to activate the Emergency Broadcast System servicing the Seabrook Emergency Planning Zone area in the event that there is an 1

accident and/or incident at the Seabrook Nuclear Power Station with off-site consequences.

The NHY/ORO Offsite Response Director will notify the management of WCGY when to activate the tone-alert radios and when to begin broadcasting Emergency Public Information messages. The context of these messages and the interval at which the messages will be repeated will be supplied by NHY/ORO.

This agreement becomes valid when signed by the signatures indicated below. Once valid, it can be terminated by either NHY/ORO or the management of WCGY by written notification ninety (90) days EXHIBIT A

( _

L l

e 8

prior to the date of termination. i 1

i i

W 'T Y $

George V. Thomas p nager

+ -S Vice President of Production New Hampshire Yankee NCGY 93.7 FM i

Division of Public Service l Company of New Hampshire i Agent for the Seabrook ,

Joint Owners  !

?

<'d e k l& lf f Date Date P

e h

t f

j f

e

f is i

f t

..Grbat Radio..  :

PO. son 506 e 44 Fitchburg St e Marttoro, Massachusetts 01752 e (508)485 1470

'~

te,gn - October 13, 1989 1

I af Mr. R. Boyd, Jr.  !

[

88' Performance Services Manager '

4ql P. O. Box 300 r

t ft' Seabrook, NH 03874 i fjl Dear'Mr. Boyd h

l Your lotter of September 29, 1 9119 , i t. not a ccu r.i t o ! I t,  !

attempts to describo a meeting bcl.wenn un. If you will  ;

recall, cooperation.

at the end of that meeting there was no spirit of l I said to you that as Co-Chairman of the EDS Systems in I Massachusetts, 14, 1987.

I was going to withdraw my letter of September In fact, a copy of the letter I intended to send  !

you was FAX'D to you on September .70th qivinq you tho-further i opportunity to review the commitment made by Mr. Thomas.

After telephone calls and a request by N.ll.Y. Lo delay the i withdrawal, I agreed. It was understood that the reason for the delay was N.H.Y.  !

was to submit a revised commitment.  !

Your plan as submitted to NRC includos the EBS System. ~i You now say, and I quote, "IF the Morrimac Valley E.B.S.

Network is,utili:cd." ,

I still remember the days of N.ll.Y. as!:ing Mr. Bassott of WCGY ,

and myself to sign, " quick instant" drawn agreements with tho' intent of complying with FEMA requirements. My recollection  ;

i was that the FEMA regulations recuire nuclear plants to '

cooperate with and be integrated with the E.B.S. System. As I l tried to tell you at our mcoting, thoro was an intent to put i Massachusetts rosidents on equal rootinq wi th Now llampshire  !

residonts. Mr . C.i t.a lni no .nsnured mr. l. h. i t he would i n.s ta l l .)

system in the Morrim.o V.s i l e y conn i n t..in i. wit.h the nyutem

• described later in the attached lettor.

To my disappointment, the CPCS-1 station WCGY "the gateway" to Massachusetts, has not received the committed equipment or services, not to mention the other stations of the Merrimac Valloy. Your soloction of WLYT as a source to activate specific receivers is voll intentioned and commendable, but does not activate the E.B.S. System.

.Servng the Amuent Suburbon Morket BeNeen Boston ond Wbreester 24 Hours o Doy EXHIBIT B

me- ,

! Your letter indicates a total lack of understanding of the E.E.S.

System. WLYT does NOT trigger a notification to the general public. It triggers only YOUR system. The many radio stations o serving the general public would receive No notice. Your idea that the media would decend on your media center is perhaps accurate, but FEMA and the E.B.S. System do not work by press release. FEMA regulations involve agreements with CPCS-1 stations and coordination with state emergency E.B.S. chairmen. I suggest i you review the regulations.

My most disappointing thought about your letter is that you say

' that N.H.Y.'s commitment concerning Public Notification was negotiated. Can you pleaso tell me when, where and who negotiated away the rights of the general public ?

As you can read from the attached copy, which was previously FAX'D to you, I said that 1 had reviewed your' plans and determined that N.H.Y. was a " recognized responsible" organization. In view of the apparent change in attitude of the operators of N.H.Y., I now formally submit withdrawal authorization, dated September 20, 1989, and I am sending a copy of this communication to the CPCS-1 station WCGY.

very truly yours, Q~n . .

Douglas J ' Rowe A

Co-Chairman Massachusetts Emergency Broadcast System ATTACHMENTS; A. Letter of withdrawal 9/20/89 B. Co-Chairmans EBS letter 9/14/87 C. WCGY letter 9/14/87 D. All CommSystem Plan & Letter dated 11/14/88 E. N.H.Y. letter'9/29/89 cc: WCGY i

\

i i

October 20, 1989 f Mr. B. Boyd Jr. .

! Performance, Services Manager i i i

i P.O. Box 300 t Seabrook, New Hampshire 03874  ;

Dear Mr. Boyd ,

I have received a copy of the letter of &tolor 13,1989 Yankee from Douglas Rowe. to New Hampshire "

I am in agreement with the facts as stated by Mr. Rowe.

WCGY has not received the promised equipment or services as outlined in the letter  :

of agreement response between organization. radio station WCGY and New llampshire Yankee's oi 4 I

There is NO pre-arranged authentification system, th receive equipment to the incident area.

The letter of September 14, 1987 e equipment and services were rendered.was to become valid when signed and the '

and services are not forthcoming, I consider the CPCS-1/WCGY letter o September 14, 1987 soid effective today.

The management of WCGY does not  ;

intend to perpetuate an agreement that the public may rely on

. when, in to notify the general public. fact, there is no agreement, or more import'  ;

)

.Very truly yours,  !

John F. Bassett  :

Attachment:

VCGY-NHY/ORO Letter 9/14/87 ,

cc: Douglas J. Rowe, Esq.

Leslie,Greer, Esq. \

EX1tIBIT C 33 FRAtelLN STREET. LAWDENC1, MA 01840 (617) 683 7471IlOSTCH (617) 7 WCOA & WCGY Boston /Lcwence, Mossochusetts V4AT & WEAT.FM , v West Palm Lcycme, Wyoring

sr > , ,vsuav '

s , unt~~^urxmw' notinus+v #'

y**-% 99A\w uh ,,

a -

'u+94&

.yp ATTACHMENT G

+~. I:4W%