ML19354D514

Affidavit of R Sawyer Re Voiding of Emergency Broadcast Sys Ltr of Agreement.* Marked-up Affidavit Discussing Impact of Wcgy Voiding Ltr of Agreement W/Util & Withdrawing from Participating in Emergency Planning.W/Certificate of Svc

ML19354D514
Person / Time
Site:	Seabrook
Issue date:	10/30/1989
From:	Sawyer R MASSACHUSETTS, COMMONWEALTH OF
To:
Shared Package
ML19354D511	List: ML19354D510 ML19354D512 ML19354D514
References
OL, NUDOCS 8911160019
Download: ML19354D514 (8)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i

ATOMIC SAFETY AND LICENSING BOARD Before the Administrative Judges:

Ivan W. Smith, Chairman Dr. Richard F. Cole Kenneth A. McCollom

)

In the Matter of ) Docket Nos. 50-443-0L

) 50-444-OL PUBLIC SERVICE COMPANY )

0F NEW HAMPSHIRE, ET AL. )

)

(Seabrook Station, Units 1 and 2) ) October 30, 1989

)

AFFIDAVIT OF ROYCE SAWYER REGARDING IBF VOIDING OF THE EBS LETTERS OF AGREEMENT I, Royce Sawyer, being duly sworn, state as follows:

1. I am the communications officer for the Massachusetts civil Defense Agency. My office is located at the Massachusetts Civil Defense Headquarters, 400 Worcester Road, Framingham, Massachusetts. As communications officer for the Massachusetts Civil Defense Agency I am the officia* who is primarily responsible for the oversight and maintenance of the Massachusetts Emergency Broadcast System ("EBG"), and am familiar with its purposes, configuration, and operation. I have approximately ten years experience as communications officer as well as related experience in civil defense and 8911160019 891109 PDR ADOCK 05000443 o PDR

emergency planning. A copy of my professional qualifications is provided.

2. The EBS is created under Title 47, U.S.C. 151, 154(1) and (o), and 303(r); Chapter 1, Part 73, Subpart G of the rederal Communications Commission's Rules and Regulations. It is a national communications network that can be activated on the national level, statewide level, or local operational area level. Activation of the EBS national system is by authority of the President of the United States through control points for radio and T.V. networks, AP and UPI new services and participating common carriers. Activation of the EBS within Massachusetts may be by request of the Governor, the Director of the Massachuetts Civil Defense Agency, the Massachusetts Stato Police or the National Weather Service. Statewide activation may be made by the request for activation going directly to the Originating Primary Relay Station, WROR (F.M.). Activation on a local operational area basis may be made by contacting WROR I

(F.M.) or by directly contacting the operational area's primary

! relay /CPCS-1 station. That station in turn cues in the remaining stations in the operational area.

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In essence, activation of the EBS proceeds as a ripple effect. If it is activated on the national level, transmission of the EBS attention signal is made from Washington to the states' originating Primary Relay Stations followed by an informational message. In Massachusetts the originating Primary Relay Station, WROR, would then trat.) smit the EBS attention signal followed by the informational message to the operational l

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areas primary relay /CPCS-1 stations. WROR's transmissions would l be received by tone alert radios at the CPCS-1 stations that are in the local operational areas and are tuned to WROR. There are i r

seven operational areas within Massachusetts. In the Nerrimac Valley, WCCM (A.M.)/WCGY (F.M.) ("WCGY") is the CPCS-1 station. '

WCGY functions as the primary relay station, or lead EBS station, in the Merrimac Valley operational area. It activates the EBS on the local operation level by transmitting the EBS  !

attention signal to the radio stations in the Merrimac Valley f

operational area. Those local stations have tone alert radios that are tuned to receive WCGY's tone activation signal. See Exhibit 1.

f While the EBS is a voluntary association of radio and television stations, all broadcast stations that are licensed by ,

the FCC are required to install an EBS two tone receiver. When ,

the EBS is activated all radio and television stations that participate in the EBS pick up and transmit the informational M q nc avArv e at. arks- LjY >

EBS mecsage. When the EBS is activated '

M rHe *d Deu p<all c erstations that do 4

L y F.G C, Ilhw' l not participate in the EBS3 are required to go off the aira That I

results in any listener who turns on his radio tuning in to only EBS activated stations that are all carrying the same 'Iniform EBS message. In theory, it means that a listener who is tuning his radio to find information about an alerting signal will t rapidly come to an EBS station carrying the appropriate information because all other local radio stations will be off the air. The EBS functions as a radio rebroadcast information 3-

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procedure so that all stations roceive and retransmit the same messages, i

3. The import of WCGY voiding its prior letter of l agreement with NHY and withdrawing from participating in the j emergency planning means that the EBS for the Merrimac Valley k '

Gy M H Y As ressco fot n ryg spge, operational area cannot be activatedA WCGY is the gateway i station that activates the tone alert radios in the other EBs stations in the Merrimac Valley operational area which in turn insures the uniform transmission of EBS messages. While there appears to still be an existing letter of agreement with WLYT ,

(F.M.), WLYT cannot activate the EBS in the Merrimac Valley operational area. The tone alert radios located in the other radio stations in the Merrimac Valley operational area are not j tuned to WLYT. While WLYT may be able to transmit an informational message provided by NHY to its own listening public, that message will not reach the rest of the public who ,

do not happen to be listening to that one radio station.

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4. While in theory in the event of a radiological i emergency at Seabrook station, the Governor could activate the l

EBS on a statewide basis by activating it through WROR in Boston, there does not exist any provision for insuring that "

notification is made to the public in the Massachusetts emergency planning zone for seabrook Station within the 15 t

minutes required by NUREG 0654, FEMA-REP-1, Revision 1, Appendix i l 3. There does not exist a dedicated phone line, or other direct access link from any activating agency in the state government to WCGY. There is not any direct communication link with WCGY l -<-

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not provide the requisite assurance of notification in 15 j minutes because as noted in the Affidavit of John F. Bassett,  !

WCGY's telephone lines are at times all busy. l The foregoing is true and correct to the best of my

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knowledge and belief. j

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i Royc4 Sdfyer 7 i

Subscri6o and sworn t before ne thi J day'of , , 1989.  !

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e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

.S WV 13 All :03 ATOMIC SAFETY AND LICENSING BOARD

ri:

Before the Administrative Judgest ilt , ,

s Ivan W. Smith, Chairman Dr. Richard F. Cole Kenneth A. McCollum

)

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

) 50-444-OL PUBLIC SERVICE COMPANY )

OF NEW HAMPSHIRE, ET M,. )

)

(Seabrook Station, Units 1 and 2) ) November 9, 1989

)

CERTIFICATE OF SERVICE I, Leslie B. Greer, hereby certify that on November 9, 1989, I made service of the within INTERVENORS' MOTION TO ADMIT A LATE FILED CONTENTION AND REOPEN THE RECORD ON THE SPMC BASED UPON THE WITHDRAWAL OF THE MASSACHUSETTS E.B.S. NETWORK AND WCGY by Federal Express as indicated with (*) and by first class mail to:

• Ivan W. Smith, Chairman *Kenneth A. McCollum Atomic Safety & Licensing Board 1107 W. Knapp St.

U.S. Nuclear Regulatory Stillwater, OK 74075 Commission East West Towers Building

• Docketing and Service 4350 East West Highway U.S. Nuclear Regulatory Bethesda, MD 20814 Commission Washington, DC 20555

• Dr. Richard F. Cole Paul McEachern, Esq.

Atomic Safety & Licensing Board Shaines & McEachern U.S. Nuclear Regulatory Commission 25 Maplewood Avenue East West Towers Building P. O. Box 360 1350 East West Highway Portsmouth, NH 03801 Bethesda, MD 20814 w-

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• Robert R. Pierce, Esq.

• Thomas G. Dignan, Jr., Esq.

Atomic Safety & Licensing Board Katherine Selleck, Esq.  ;

U.S. Nuclear Regulatory Commission Ropes & Gray  :

East West Towers Building One International Place 4350 East West Highway Boston, MA 02110 '

Bethesda, MD 20814 i H. Joseph Flynn, Esq. *Mitzi A. Young, Esq.

Assistant General Counsel Edwin J. Reis, Esq. I office of General Counsel U.S. Nuclear Regulatory Federal Emergency Management Commission Agency Office of the General Counsel 500 C Street, S.W. 15th Floor Washington, DC 20472 11555 Rockville Pike Rockville, MD 20852 Atomic Safety & Licensing Robert A. Backus, Esq.

Appeal Board Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing Board Jane Doughty U.S. Nuclear Regulatory Commission Seacoast Anti-Pollution League i Washington, DC 20555 5 Market Street Portsmouth, NH 03801 Charles P. Graham, Esq. Barbara St. Andre, Esq.

Murphy & Graham Kopelman & Paige, P.C.

33 Low Street 77 Franklin Street Newburyport, MA 01950 Boston, MA 02110 Judith H. Mizner, Esq. R. Scott Hill-Whilton, Esq.

79 State Street Lagoulis, Hill-Whilton 2nd Floor & Rotondi l

Newburyport, MA 01950 70 State Street Newburyport, MA 01950 Dianne Curran, Esq. Ashod N. Amirian, Esq. -

Harmon, Curran, & Towsley 145 South Main Street Suite 430 P.O. Box 38 2001 S Street, N.W. Bradford, MA 01835 Washington, DC 20008 Senator Gordon J. Humphrey Senator Gordon J. Hulaphrey U.S. Senate One Eagle Square, Suite 507 .

Washington, DC 20510 Concord, NH 03301 (Attn Tom Burack) (Attn: Herb Boynton) l l

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i John P. Arnold, Attorney General Phillip Ahrens, Esq.

Office of the Attorney General Assistant Attorney General 25 Capitol Street Department of the Attorney Concord, NH 03301 Generel Augusta, ME 04333 William S. Lord Board of Selectmen

, Town Hall - Friend Street Amesbury, MA 01913 COMMONWEALTH OF MASSACHUSETTS JAMES M. SRANNON ATTORNEY GENERAL Leslie B. Greer  !

Assistant Attorney General  !

Nuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, MA 02108-1698 (617) 727-2200 DATED: November 9, 1989

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