ML20006C442
| ML20006C442 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/15/1989 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20006C428 | List: |
| References | |
| OL, NUDOCS 9002080045 | |
| Download: ML20006C442 (75) | |
Text
{{#Wiki_filter:. . 'O *!.* O November 15, 1989 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION O before the ATOMIC SAFETY AND LICENSING BOARD k
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PUBLIC SERVICE COMPANY ), Docket Nos.-50-443-OL ' < , ,, ' > 0F NEW HAMPSHIRE, 31 al. ) 50-444-OL
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(Seabrook Station, Units 1 ) (Offsite Emergency O and 2) )- Planning Issues)
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APPLICANT 8' ANSWER TO INTERVENOR88 NOTION TO ADMIT A LATE-PILED CONTBMTION AND RBOPBN TSB RECORD BASED UPON g TBE WITEDRAWAL OP TEB NASSACSUSBTTS 3.3.8. NETWORK AND WCGY INTRODUCTIOW The Attorney General of The Commonwealth of Massachusetts O (MAG), on behalf of himself and other intervenors, has filed yet another motion seeking the reopening _of the record and admission of a late filed contention ("The Motion"). In this g effort MAG attempts to combine relevant facts well known to him for many months with the irrelevant fact of a recent withdrawal of a letter of agreement (IDA) to fashion an alleged significant safety issue supposedly only recently. knowable by MAG. Underlying all of this effort is an affidavit by The Massachusetts Civil Defense Director who
" pinch hit" for the original affiant after the original 9-affiant apparently refused to endorse a form of affidavit resuou.si 4 9002080045 900201 PDR 0 ADOCK 05000443 pan
() previously filed by MAG unsigned but represented to be e
" authorized and approved" by the original affiant.'
The Motion is styled "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." The title of the Motion presages its first erroneous basis, 1.g., that execution of the Seabrook Plan for Massachusetts 4D Communities (SPMC) is dependent upon the participation of the
" Massachusetts EBS Network" in general and station WCGY in particular. The thrust of the Motion is that since WCGY and g the Massachusetts EBS have declared their intention not to participate in SPMC because of alleged failures of the Applicants to live up to alleged commitments,2 the SPMC g
cannot function. This is so, it is alleged, because the participation of WCGY as the " gateway" EBS station the Merrimac Valley operational area is essential to activate the 9 other Merrimac Valley EBS Stations and, it is alleged, without operation of these stations, SPMC cannot be executed. In particular, it is alleged that two significant safety issues are raised by the withdrawals: (1) because WCGY has withdrawn, the EBS in the Merrimac Valley area supposedly 9 original Motion filed under date of October 30, 1989 at 12. 2 See Affidavits of John F. Bassett and Douglas J. Rowe attached as Attachments "F" and "G" to The Motion, $ respectively. l h
9 O cannot be activated,3 (this is a " coverage" issue') and (2) that without McGY the Applicants cannot meet the is mird a prompt alert and notification erf.teria.' The' Motion is O supposedly timely because it was not until the recent withdrawalm that these issues existed and were known to MAG. The problem for MAG is that he has known for some time O that SPMC did not rely upon either McGY or the Merrimac Valley EBS Network. Had he wanted to litigate problems arising out of the fact that only two sister EBS stations Q were being relied upon to notify the public and to disseminate information, he could have and thould have . litigated such mattars a long time ago. In the seabrook num Station Public Alert and Notification Svatam FEMA-REP-10 Desian Renort (" REP-10 h port") published in redacted version on April 30, 19PE, it was made perfectly clear that Applicants were relying on a single contract FM and AM station for initial notification and dissemination for information.' Indeed, when it was discovered that the station call letters had been set out in the SPMC in the unredacted version, MAG and the other parties W re sent in Junt of 1988 a letter enclosing the unredacted pages of the REP-10 Report. This letter is attached to the Affidavit of O 3 Motion at 15. Motion at'16. 5 Motion a'c 16-18. O ' REP-10 Report at 1-3 31 mag.
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i j l 91 Anthony M. Callendrello (Exhibit I hereto) as Attachment "A" thereto.# These pages make clear that the SFMC would be relying solely on WLYT-FM and its sister station WHAV-AM. l That these were the two stations relied upon was also made O) clear to MAG during the deposition of Gregory Howard taken on November 16, 1988.8 on May 2, 1989, Massachusetts Assistant Attorney General Jonas conducted the following cross- O! examination of Applicants' Witness Desmarais before the Licensing Board chaired by Judge Blocht' *
"Q Mr. Desmarais, there is no assumption, gpl I take it, for expectation that any member of the public would tune into the radio to hear an EBS message without having heard the siren first; is that correct?
A (Desmarais) There is no assumption that someone would be previously tuned-in. However, they may have that radio station on and just be listening to it. II Q Do you have any idea as a percentage of the population of the EPZ, how many people would be listening to that station? A (Desmarais) No, I don't. 4D Q How many EBS stations are there? A(Desmarais) I believe there are two. And they're listed in the REP-10 design report. There would be two stations for Massachusetts, I gp believet and two for New Hampshire. i The letter is undated. The assertion in the text is based upon the fact that the site letter logging system shows that it was sent out during the month of June, 1988.- See callandrello Affidavit-at 1 3. O 8 I Howard Denosition at 129 31 gag. A portion of the deposition was put in evidence as MAG Ex. 126 on June 27, 1989, and p. 129 which has the specific reference to the two stations is the last page of that exhibit. Tr. (5/2/89) at 147-51. 4 1 ed P
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l e o* O Q I take it that that's not all of the radio stations in the area? A (Desmarais) That's right. O o ror FM, that's WLYT is that right? A (Ltt'smarais) If I could take a quick look at the REP-10 design report I would be able to verify that. . O JUDGE BIOCH: I recall that in some of the documents those rtnes were not -- the station names were not givent was that correct? MR. DIGNAN: That was part of the -- JUDGE BICCH: And it's now public. O (Document proffered to witness.) THE WITNESS: (Desmarais) Thank you. JUDGE PIDCH: While he's looking, is there a stipulation you want about this? O MR. JONAS: Well, there are two stations, WLYT and WCGY on the FM dial; and one, WHAV on the AM dial. JUDGE BIDCH: Yes. MR. JONAS: That's just what I want to attablish. 9 THE WITNESS: (Desmarais) I believe that's accurate, but my copy of the REP-10 design report has the stations Llanked out as well. MR. DIGNAN: They don't trust the lawyers. g THE WITNESS: (Desmarais) I believe it's accurate. MR. DIGNAN: If you represent that that's what it says, I'm not going to argue with you. l JUDGE BIACH: Is there some point about that? O MR. JONAS: Well, the point I'm raising only is that there are two -- BY MR. JONAS: Q Do you know how many radio stations in the area? 9 A (Desmarais) No, I don't. j D I . .
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- MR. DIGNAN
- I will stipulate with you that it's 1 i
unlikely that even a si nificant percentage of people j l will actually be listen ng to the stations that are the ! I EBS stations at the time the balloon goes up. Does j that help? g: MR. JONAS: Okay. i BY MR. JONAS: . Q Now, is there an assumption about when -- about g[. what percentage of the population will actually hear - the siren? i A (Desmarais) 100 percent of the population. Q Is there an assumption about what percentage of i i the population will hear that siren the first minute? Oh A (Desmarais) I don't believe it's in the first , minute. But over the full three-minute activation 100 ' percent of the population will receive the siren i alerting signal. i GD' Q so some people will hear it in the first minute, some second, and some the third minute? A (Desmarais) Yes. - Q And the people who hear it in the third minute presumably will then have to interpret it and then -- gg interpret it correctly, so that they will turn on their l radio? A (Desmarais) Yes. Q Find the EBS station on the radio dial; is that O! right? A (Desmarais) Yes. Q And actually hear the message? I A (Desmarais) Yes. Q Now there are going to be -- there would be the l EBS activation announcement; the 25 second tone which l takes 55 seconds; and then a repetition of three IBs I messages? g A (Desmarais) In serial fashion. l 1 ( l 1 (
() * ! , + J i , j l(2 - l l Q In serial fashion? , A (Desmarais) That's correct. . () Q And then the next repetition would be 15 minutes afterwards? , l I ! A (Desmarais) Yes. Q so there will be some portion of the population () that won't hear that EBS message until after the siren tone is completed? , A (Desmarais) It's conceivable that could occur. Q You' don't know what percentage? A (Desmarais) No, I don't. JUDGE BLOCH: Is there any way to know how long it would take for a person who doesn't know which statier. is EBS to find it? , () THE WITNESS: (Desmarais) I don't have any estimates
- of that time."
It is difficult to see in light of the foregoing how anyone could claim that it was only with the withdrawal of WCGY and O Massachusetts EBS that the "significant safety issue (s)" l proposed to be litigated came to light. But, there is more. On June 28, 1989, Mr. Callendrello was cross-examined by C) Assistant Attorney General Talbot as follows:
"Q Well, isn't it a fact that EBS is only carried on local Essex County stations?-
A (Callendrello) The EBS station that is identified 3 in the SPMC is located in Essex County. However, I wouldn't call it a local Essex County station, it's a 50,000 watt FM station. Mr. Catapano can address the range. But I know it has got a substantial range' I've picked it up probably 40 or 50 miles away, I although he can talk about what the licensed range qp would be. Q If he wants to, fine. ? I j e
o 9 A (Catapano) It is an are the emergency planning zone."g that extends well beyond After learning of the decision of WCGY and the e Massachusetts Ems to disavow their IAAs, MAG brought the instant motion claiming that a new safety issue has arisen to , be litigated. Applicants herein respond to the Motion on the basis of the record to date in the proceeding and the Affidavits of Anthony M. Callendrello, Gary J. Catapano (Exhibit II hereto) and George R. Gran (Exhibit III hereto) . The Affidavit of Gram and a portion of the Affidavit of 9 Catapano (11 6-8), establish that, contrary to the apparent understanding of MAG's affiants, there never was any commitment to equip all of the EBS stations in the Merrimac p valley area. The only commitment made was to provide certain equipment and services to WCGY, a commitment that Applicants stand ready and willing to complete." The Gram affidavit g also makes clear that the commitment to WCGY was always viewed as an arrangement to provide back-up to the existing methods and procedures to be employed in SPMC.'8 In fact, O certain equipment has bee provided to WCGY to enhance The commonwealth's capability for actuation through WRoR.'3 9 Tr. 27893-94. EgA Al&E callandrelle Affidavit at 1 5. Gram Affidavit, 11 7. 12 Gram Affidavit at 11 6-8. g
'3 Catanano Affidavit at 1 6.
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t i iO , The caliendrello Affidavit establishes the following the j concept of operations is that the public will be advised by 4 p'ublic information materials to tune in to WLYT-FM or WMAV-to FM upon hearing the sirens." Those individuals with i responsibility for activating the public alert and r i j notification system can contact these stations with an in- . k place dedicated ring down circuit and these stations are - fully equipped to carry out their necessary duties." The caliendrello Affidavit also establishes that the contemplated
- O nethod of SPMC execution was fully tested and approved by TEMA in the graded exercise. Mr. Callendrello also points t
out that there exists the Massachusetts Energency Broadcast + 0 Plan which provides the Commonwealth with the ability, , l assuming it elects to use it, to issue messages through all , six Merrimac Valley EBS stations.'I These stations are not
- g needed or contemplated, however, to accomplish the initial 15-minute alert."
l 0 lO caliendratio Affidavit 15 4-s. Callandrello Affidavit (( 6-7; Catanano Affidavit { 4. Callandrello Affidavit 11 10-12.
'I l O caliendrello Affidavit 13 14-16.
18 callandrello Affidavit 1 13. 9 O
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Intretuation In order to succeed in obtaining a reopening of the evidentiary record, the Novants must establish that the , g' motion is timely, is directed to a significant safety issue,- and that a materially different result would be likely if the newly proffered evidence had been considered initially. In addition, where, as here, the contention' sought to be O litigated was not previously in controversy, the "five factors" test must be satisfied. We address the last of these requirements first. O l I. TEE BALhMCING OF TER FIVE FACTORS WRIGES AGAINST TER ALLOWhMCE OF TER MOTION. , As is clear from the recitation in the introduction above, g MAG was, or should have been, well aware over one year ago that SPMC did not contemplate the use of WCGY or the Merrimac Valley Network EBS operational Area stations in order to meet the alerting requirements of 10 CFR 5 50.47(b) (5) . . There ' simply has been no showing of any good cause for filing this contention at this late date. That being the case, the . 9: k L 10 CFR I 2.734 (a) . g 20 10 CFR $ 2.734 (d) incorporating 10 CFR $ 2.714 (a) (1) . . l
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l C) O Movant must shoulder a heavier burden with respect to the other four factors.I' As usual it must be conceded that the second and fourth O factors favor the Novants, but these are the less weighty factors.at With respect to the third factor: Commission
" case law establishes both the importance of the third factor
() in the evaluation of late-filed contentions and the necessity of the moving party to demonstrate that it has special expertise on the subjects which it seeks to raise. (Citation () omitted.) The Appeal Board has saidt 'When a petition addresses this criterion it should set out with as much particularity as possible the precise issues it plans to () cover, identify its prospective witnesses, and summarize their proposed testino'g ' ."" on a cursory look, the Motion might be viewed as having complied with the requirements of
) the third criterion; but, on close inspection, it has not.
21 3.g., virainia Elaetrie & Power Co. (North Anna Station, Units 1 and 2), ALAB-289, 2 NRC 395, 398 (1975). O 22 commonwealth Edison comaany (Braidwood Nuclear Power Station, Units 1 and 2), CLI-86-8, 23 NRC 241, 245 (1986); South Carolina Electric and Gas connany (Virgil C. Summer Nuclear Station, Unit 1), ALAB-642, 13 NRC 881, 895 (1981). () u Commonwealth Ediaon cannany (Braidwood Nuclear Power Station, Units 1 and 2), CLI-86-8, 23 NRC 241, 246 (1986) , citina with annroval, Mianisminni Power and Liaht Co. (Grand Gulf Nuclear Station, Units 1 and 2), ALAB-704, 16 NRC 1725, 1730 (1982). Accord, Public Service connany of New Hannahlra (Seabrook Station, O Units 1 and 2) , ALAB-918, 29 NRC , Slip Op. at 19-20 (June 20, 1989). 1 C)
cf 9l ' The affiant now offered has no special expertise in radio
- network design. Neither he nor the original affiant purports to be an expert on either coverage or the issue of whether the 15-minute criteria can be satisfied." These are the Gl ;
- issues which the hearing, if granted, would be about. It is these matters which must be addressed under the third criterion, and they are not. II As to delay, there is no doubt where the delay factor weighs. On balance, we submit, factors one three, and five 1
weigh against admission of the contention, and, therefore, O the Motion should f ail under 10 CFR $ $ 2.734 (d), 2.714 (a) (1) . ! II. TERRE Eks EEEN No SEOWING TEAT TER FACTS ALLEGED GIVE RIs3 to a sIGNIFZchWT SAFETY QUESTION. O The claim in the Motion is that there are two significant safety questions raised which warrant reopening. The first . l
- is a coverage question. However, as the record extant as g
I well as the affidavits filed herewith show, there is coverage ' of the EPZ by the WLYT-FM and ir.!AV-AM, the sister EBS . stations under centract. With respect to the 15-minute notification, that has been exercised and fully litigated. I Again, there is nothing in the materials filed which casts doubt on the concept that notification can be made in about gi
" Indeed, the second affiant is even less certain as to I the alleged lack of a provision for ensuring notification is made to the public in the seabrook EP3 within 15 minutes. Compare Boulav Affidavit 3 4 -
(" appear to exist") with savver Affidavit g 4 O (" exist"). Oh
9 . 1 I l I o I j fifteen minutes through the contract EBs stations. Thus, i there simply is no safety question raised, never mind a i ! significant safety question.
- O In addition, it should be remembered that insofar as there is an unstated issue being raised to the effect that all EBS stations should be available, they, in fact, will be, '
'O assuming the Governor activates them. The realism doctrine j dictates that any effort to base this motion on the concept ,
that the Governor will not activate the entire EBs system, lO when requested, must a rejected. i i III. TERRE EAS BREN WO SECWING TEAT A DIFFERENT RESULT woDLD BE LIKELY. g The facts are the facts. SPMC simply does not dr. pend upon the Massachusetts Ens system in general or WCGY, in ! particular. The result will be the same even assuming i everything that is stated in all of MAG's affidavits is true, i CONCLUSION , The Motion should be denied. Q Respectfully submitted, t 0 '
'2y Thomas di. Di(han, Jr. -
George H. Lewald O Jeffrey P. Trout Jay Bradford smith Geoffrey C. Cook Williat L. Parker Ropes & Gray one International Place l Boston, MA 02110-2624 t Q (617) 951-7000 . ! counsel ior App 11 cants O 1 1
0: l I Novemher 14, 1989 l UNITED STATES OF AMERICA. NUCLEAR REGULATORY COMMISSION 4
'before the ATONIC SAFETY AND LICENSING BOARD j
' i e'
) l In the Matter of ) '
)
PUBLIC SERVICE COMPANY OF -) Docket Nos. 50-443-OL-1 , NEW HAMPSHIRE, et al. ) 50-444-OL-1 i
) (Offsite Emergency gi (Seabrook Station, Units 1 and 2 ) Planning and Safety
) Issues)
)
( 9 AFFIDAVIT OF ANTHONY M. CALLENDRELLO ' I, Anthony M. Callendrello, being on oath, depose and say as $+ follows: i
- 1. I am the EmJrgency Planning Licensing Manager for New Hampshire -
l Yankee. A statement of my professional qualifications are a matter O of record in this proceeding. In addition, I have testified before ! .~ i this Board regarding the use of the Emergency Broadcast System l (EBS) by the New Hampshire Yankee offsite Response organization .9: l, (ORO) in accordance with the Seabrook Plan for Massachusetts Communities (SPMC).
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- 2. This affidavit addresses the Intervenors allegations that NHY no longer has the ability to provide emergency inf,ormat, ion to the .
M W TYYY e. ; I E A b ,4- T.
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O f t 3 public as a result of the withdrawal of the agreement between NHY and radio station WCGY. O 3. The mechanism for providing emergency information to the public ; through EBS is in place and can be activated by NNY in accordance - with the provisions in the SPMC and its supporting agreement or g through the Commonwealth of Massachusetts in accordance with the
- Massachusetts EBS operational Plan. #
- 4. The concept of operations of the SPMC is that the public, upon hearing the sirens, will tune to the local radio stations listed #
in the public educational materials for emergency information. 1 SPMC at pg. 3.2-15. ) l '
- 5. The SPMC relies on a radio station broadcasting on AM-(WHAV 1490KHz) and FM (WLYT 92.5 MHz) frequencies to deliver emergency 3 information to the public as part of the public alert and notification system. This arrangement is described in the Seabrook Station Public Alert and Notification FEMA REP-10 Design Report D' dated April 30, 1988 (Attached as "A"). Due to the fact that the radio station call letters had been inadvertently redacted in the ;
original version of the REP-10 report, there two pages were sent 3 (unredacted) as the sole subject of a letter to the service list (Attachment "A"). In addition, I have previously testified to the fact that the SPMC relies on a single radio station that provides complete coverage of the EPZ (Tr. 27894). )
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- 6. Those individuals with the responsibility for activating the public alert and notification system are directed, by SPMC Appendix G and IP 2.13, to contact the designated radio station via the e
dedicated ringdown circuit in the Offsite Response Organization (ORO) Emergency Operations Center (EOC) . The dedicated ringdown , circuit is in place at the EOC and is connected to WLYT/WHAV (See also Affidavit of Gary J. Catapano at paragraph 4.
- 7. New Hampshire Yankee has provided to WLYT/WHAV all of the-equipment and other materials necessary to implement the SPMC.
- 8. A letter describing the current commitment of radio station .
WLYT/WHAV to provide public information, consistent with their 9 commitment to the Emergency Broadcast System, in the event of an emergency at Seabrook Station is contained in the SPMC,. Appendix C, at page C-64 (Attached as "B"). g l
- 9. Contrary to the allegation of the Intervenors, NUREG-0654 does not require that EBS'oe part of the public alert and notification system. It is, however, one way to comply with that guidance.
l NUREG-0654, Supplement 1, Element II.E.3, states that: " The l offsite response organizat. ion shall establish a system for \ 0-l disseminating to the public appropriate information contained in j initial and follovup messages received from the licensee (see j' Evaluation Criteria E.3 and E.4 in NUREG-0654/ FEMA REP-1, Rev.1) including the appropriate notification to appropriate broadcast k l media, e.g. the Emergency Broadcast System (EBS)."
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- 10. The FEMA Review and Evaluation of the Seabrook Plan for !
Massachusetts communities, dated December, 1988, found the system to for din.?. minating to the public appronriate information, including the appropriate notification to appropriate broadcast media e.g., I the Emergency Broadcast System, to be adequate (Applicants' Exhibit k l 43C at page 24, attached as "C"). FEMA found the plan adequate
- based on the use of a single radio station, WLYT/WHAV.
O 11. Provision of emergency public information was demonstrated by ( ORO during the June 1988 FEMA Graded Exercise. During the l exercise, ORO personnel contacted radio station WLYT/WHAV via the 'O eedi ated ringd wn line and transmitted EBS messages to the station. WLYT/WHAV broadcest a standard EBS test message during the exercise. O , 12. The Final Exercise Report of the June, 1988 Graded Exercise, dated September 1,1388, documented the demonstration of the public alert and notification system by ORO during the exercise O (Applicants' Exhibit 43F at page 214, attached as "D"). Tne Final' Exercise Report noted the use of a single radio station. O 13. Through the arrangement with WLYT/WHAV the ORO has the capability to provide an instructional message to the public within 15 minutes. That capability was demonstrated during the 1988
$ Exercise (Attachment "D").
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- 14. In addition, the Commonwealth has established the Massachusetts Emergency Broadcast System Operational Plan, dated May 1988 (Exhibit 1 to Attachment D of Intervenor Motion) which O!
describes the EBS network and sets forth the procedures for , 4 providing energency public information. ,,
- 15. @i The Massachusetts EBS Plan, specifically the Merrimac Valley Operational Area, provides the capability for the Commonwealth to i
l deliver energency information to all six Seabrook Station EPZ l communities. Massachusetts EBS Plan at page 1-1. O
- 16. The Massachusetts EBS Plan lists both WLYT and WHAV as primary l 1
EBS stations in Merrimac Valley Operational Area, Massachusetts EBS 9; Plan at page 1-6.
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Anthony M. Callendrello k. Hovember 14, 1989 The above-subscribed Anthony M. Callendrello appeared before me and #~ i made oath that he had read the foregoing aff:. davit and that the I statements set forth therein are true to the best of his knowledge. Before me,
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fw,It t , e fL g. , Notary #ublic / ' l My Commission Expirest ' MARILYN M. SULLNUt. Neary Putec My Commason Empos Apol W.E g_. e;
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Public Service of New HampsNro New Hampshire Yankee Division , f O . Mr. Henry J. Vickers, Director, Region 1 l Federal Emergency Management Agency ; J. W. McCormack Post Office and Court House Boston, Massachusetts 02109 - t O
Subject:
FEMA-REP-10 Design Report Submittal References (1) PSNH letter, dated April- 29, 1988, " FEMA-REP-10 Design Report Submittal", C. R. Gram to H. J. Vickers Deer Mr. Vickers: New Hampshire Yankee (NHY) submitted ths Seabrook Statien Public Alert and Notification System FEMA-REP-10 Desien Report for FEMA review ! on April 29, 1966 (Reference (1)). As a result of an inadvertence, certain of the information on pages 1-3 and 1-4 had been redacted from i the Design Report submitted by Reference (1). Enclosed please find ' O pages 1-3 and 1-4 which contain the previously redacted information. These pages should be inserted in to the Design Report replacing the previously submitted pages. , If there are any questions, please contact Mr. Edward W. Desmarais at (603) d'la-952), extension 3244. Very truly yours ; f.
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Subject:
FEMA-REP-10 Design Report Submittal 45' cci Atomic Safety and Licensing Board Service List Mr. Victor Nerses, Prd' ject Manager Project Directorate 1-3 Division of Reactor Projects GD,i United States Nuclear Regulatory Commission ! Washington, DC 20555 i J Mr. Richard Donovre e ' RAC Chairman for the Review and Evaluation of l Seabroek Plan for Massachus'stts Communities 4bi Federal Emergency Managen.ent Agency i Region X Bothell, Washington 96021-9196 Mr. Wi11(am T. Russell Regional Administrator (D: Region I e U.S. Nuclear Regulatory Commission ' A25 Allendale Road King of Prussia Pennsylvania 19406 , Mr. Craig Wingo Chief, Field Operations Branch (p! Technological Mazards Divisier. 500 C Stre'et S.W. . Washigton, DC 20472 O l-l O! t l Ih i L/XK4636.1 gg s j
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, Manchester. NE 03105 Novard A. V11ber Atetic Safety and Licensing Appeal Panel Philip Ahrens. Esqui:e U.$. Nuclear Regulatery Ccemission Assistant Attorney General Vashington, DC 20$$$ Denartment of the Attorney General t Augusta. ME 04333 O Th::as S. Meere .
At:mic $4fety and Licensing Appeal Panel M:s, $andra Gavutis , Chaire.an U.S. Nuclear Regulatory Ceceission 1:ard of Selecimen Vashingten. C 23!55 KTD 1, tex 1156 Kensington. NE 03627 Administrative Judge Shelden J. Velfe. -O sq., chairman C rel s. sneteer Esquire A:: ic Safety and Licensing Board Fanel . Assistant Atterney General
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,0 A:::tc safety ane Licensing scare Panel sena:er Gereen J. Hu=;hrey -
!!CC Triendthip 2:clevard United States Senate A;artment 1923N Vashington, DC 20310 Chevy Chase, MD 20ti$ Attenticn Tc ! crack l Dr. Jerry Harbeur Richard A. Eampe, Esqui:e
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- 3:entvcod Board of Selectmen At:ric Sa!ety and Licensing Board 7JD Dalten Read Fanel Decke: lien:veed, NE 03233 O U.S. Nuclear Regulatory Cem.issien Vashingten, DC 20!!$ Cary V. Ecimes, Esquire EcLnes & Ells l Diane Curran. Esquire 47 Vinnacunnet Read Andrea C. Terster, Esquire E4.npten NH 03t&2 Mare.:n & Veiss .
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, A!!.3 !!1tVICE LIST (centinued) .
Mr. Edvard A. Themas E. Joseph Flynn. Esquire FEP.A. Region I O!!1ce of General Counsel a42 Jchn V. Mccermack Post Federal Emergency Management Agency effice and ccurthouse 500 C Street. $V Post Cffice Square Washington. DC 20472 Gi nost:n. KA C2109 Paul McIachern. Esquire . Peter 5. Mathevs. Mayor Matthew T. Brock. Esquire , City Eall $haines & McEachern ' Nevturyport. KA 01950 25 Maplewood Avenue v 7.C. Bcx 360 4: Judith E. Mitner P:: smouth NE 03801
$11vergate. Certner, taker. ?
Fine. C:ed & Mi:ner P.:h e r: Carrigg. Chaire.an 8! 1::ad stree Ica:d cf selec:=en 1: sten. MA 02110 7:vn Office Atlantic Avenue $i Calvin A. Canney ' N::th Eampton, NE 038(2 City Manager City Eall Charles P. Graht=. Esquire , 125 taniel Street Mc ;hy and Graha: . Pertsr.cush NE 03801 33 Lev Street Newbury;crt. MA C1930 9, Stephen E. Merrill. Esquire ; A :::ney General Gustave A. Linenberger Oe:rge ana Risbee. Isquire A :r.it Saf ety and Licensing ! card Fanel Assistan: At:ceney General U.S. Nuclear Re,ulpery C:=.issi:n O!!i:e :f tr.e A::ceney General !as: Vest icver 3@'.ing
- ! Capitel $ tree: 4323 East Ves: Ela+vay g C:n::rd. NE 03301 5397 !sthesia. MD 20i;* '
Mr. J. F. Nadeau ! van V. Smith, Chaire.an ! Sele:tr.en's O!! ice A :r.ic Safety and Licensing teard Panel 10 Central Road U.S. Nuclear Regulatory Cer::issien i Eye, NE 03870 Ias: Vest Tower Suilding g
&3!O Iast West Eighway Mr. A..gie Machires. Chair =an 3ethesda, MD 20214 B:ard cf Selectmen i:v.cf Newbury A:::it $afety and Licensing Ap;eal Nev:ury. KA 01950 Panel !
U.S. Nuclear Regulatery Cc=.istien g-Mr. Vi'liam S. Lord
. Vashington, D.C. 20555 >
Beard cf Selectmen ; T vn Hall . Friend Street A:::ic Safety and Licensing 3 card Panel j Anesbury. MA 01913 U.S. Nuclear Regulatory C =is sion Vashington, D.C. 20535 , Senat:r G:rden J. Eumphrey g One Iagle Square. Suite 507 ; C nc::d. NE 03301 - Attention: Merb Scynton ;
- Tvc c pies O
i O i for notifying, via the two-tone EBS signal, the other New Hampshire Sea-i .O coast EBS stations in the network. Although not a CPCS station, WNT provides 24 hour AM EBS broadcast capability for Kev Hampshire. VMYT, a 5,000-vstt AM station brosdcasting at 1540 KHz frem Exeter, NH, is oper-O ****"*l ** 5 ^* * *id"18h*' '" d ' "" '"' '9"iPP'd "i*h
- backup power supply. WNT has been specially equipped to provide 24-hour, seven day per week EBS coverage by remote activation f rom WOKQ during of f ,
h*" O Activation of the ISS covering the New Hampshire portion of the Seabrook , i Station EPZ proceeds as follows: O 1. The New Hampshire State reisce Cee:unications Center (NHSPCC) receives notice of an emergency from Seabrook Station.
- 2. The NHSPCC notifies the New Hampshire Office of Emergency Manage:ent (NHOEM) of the emergency.
- 3. If the ezergency reaches the ALERT level, the Director of the NHOEM, or his designee, notifies the CPCS station, putting it on standby and preparing it for possible broad-cast cf public information or instructional messages. '
O .. The CPCS is monitored by the other New Hampshire Iss stations and broadcasts are simultanecusly aired or , recorded for subsequent broadcast.
- 5. If beach precautionary actions are recommended or if the emergency reaches SITE AREA EMERGENCY or GENERAL EMERGENCY, O the Director of the NaotM,.or his desirnee, notifies the CPCS to activate the broadcast o"er the EBS of specific inf or ation or inst ructional mett rus.
Tigure 1-1 depicts the activation coc=unication sequence for the New Ha:p-O shire EsS network. The setivation of the New Ha:; shire IBS network is discussed in Volume 1. Section 2.1 of the State of New Hampshire Radiological Emergency Response Plan. le . Massachusetts EBS Netwerk In Massachusetts, the contract EBS racio station is klYT, a $0,000-vatt FM station broadcasting at 92.5 MHz from Haverhill, Massachusetts. klYT is 'O l-3
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operational 24 hours per day, seven days a week, and is equipped with a backup power supply. klYT's sister station, WAV, provides complementary AM gj coverage. WAV is a 1,000-watt AM station broadcasting at 1490 KHz f rom Haverhill. WAV is operahional 24-hours per day, seven days per veek and i is equipped with a backup power supply. g Activation of the EBS covering the Massachusetts portion of the Seabrook Station EPZ proceeds as follows: i
- 1. The NHY Offsite Response EOC Contact rec,eives notice of an O!
emergency f rom the Seabrook Station Short-Term Emergency , Director (STED).
- 2. In an escalating emergency, after the NHY Offsite Response Organization is activated, the NHY Of fsite Response Direc-ter (NRYORD) assumes responsibility for EBS activation f rc O!
the Seabrook Station Ecergency Response Organization (ERO).
- 3. If the emergency reaches the ALERT level, the STED or NHYORD (depending on #2 above) notifies klYT, putting the station on standby and preparing it for possible broadcast of public information or instructional messages. O e
4 if the emergency reaches SITE ARIA EMIRCENCY cr CISEPAL EMERCENCY, the STED or NHYORD obtains authoriastion from , officials of the Commonwealth of Massachusetts to activate the Public Alert and Notification Syste: and notifies klYT to activate the broadcast over the EIS of specific infor:a- O' tion or instructional cessages. , Tigure 1-1 depicts the activation centunication sequence for the Massa-l chusetts EBS network. The activation of the E!S network for the Massa-l 0 chusetts coe= unities in the EPZ is described core fully in Section 3.2 of , i the Seabrook Plan for Massachusetts Co:: unities. Once the decision has been made by the Director of the NHOEM and the Masse- O. chusetts Civil Defecte Agency Director to activate the EBS netverks, the l syste: provides the capability of broadcasting infor:stional and instructional cessages within 15 minutes. $ 0
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ur aut ! e . e 7 ; I C> Northeast Broadcastin$ Company Inc. j WHAV AM-15
- WLYT 92.5FM l 33 :
August 12, 1987 l l Mr. Beward A. Brown, President New Naapshire Yankee Division Public Service Company of I) New Naapshire Post Office box 300 Seabrook, New Maspshire 03874 !
Dear Mr. Brcwn:
Northeast Broadcasting Company, Inc., as licensee of standard broadcast stations WMAV-AM and WLYT-FM affirms its commitment and obligation to its constituent communi-ties of service to provide emergency information to the i general public in the event of an emergency condition at the Seabrook Station. ' l() Consistent with the provisions of the Communications Act cf.1934, the responsibilities as public trustee of our f designated frequencies, and our ongoing commitment to the Emergency Broadcast. System WMAV and WLYT shall provide such i emergency information to the public to the best of its ability pursuant to implementing provisions developed by the . C) stations and the New Hampshire Yankee Division. This commitment is consistent with the request of the Honorable Michael S. Dukakis, Governor of the Commonwealth , of Massachusetts on December 23, 1985. ' Informational services provided to our constituent com-() munities are in keeping with our ongoing responsibility to proside news and information of public interest and are subject to the stations' review and policies for content. At the request of New Hampshire Yankee Division, we would be pleased to develop an emergency communication lirk so that ,() in the event of any emergency WHAV and WLYT can confirm l accuracy of information and minimize the time necessary I to alert the public to the circumstances at issue. Our . willingness to cooperate with you to prepare for energency ! situatiens is not an endorsement of the Seabrook Station and does not necessarily imply approval or acceptance of plans > proposed by the Yankee Division. () C- H 30 How Stree
- PO Box 1500
- Hawrhill. Ma onn31
- cm 374 4m '
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s e ! . . 4! Mr. Edward A. Brown. President [ i August 13, 1981 - Page 2 We respectfully request that we be given an opportunity te g[ review any document er plan disclosed to the public in which the stations' eall letters or frequencies are used, as well ! i as the use of the stations' call letters and frequencies in i public internation promotions or signs. . We leek forward to implementing this communication service in the coming weeks. $e; i 5 very truly yours. (t.JL c -L/ William A. Gould , Station Manager and Treasurer WAGiba I 9} ' O l i 1 e: l e 1 J
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l 1 C-65 J 01 1
e O i I Decenter 1988 Q 0 i
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Evaluation Criterion i E.3. The offsite response organization shall establish a system for disseminating to the public appropriate information contained in initial and followup f lO messages received from the licensee (see Evaluation Criteria E.3 and E.4 in ' NUREG-0654/ FEMA REP 1, Rev.1) including the appropriate notification - to appropriate broadcast media, e.g., the Emergency Broadcast System (EBS). , t .O Statement E.3. The Plan states that the primary system for disseminating information to the public is EBS. In event of an emergency, the NHY ORO Offsite , Response Director will request authority from the Commonwealth of > O Massachusetts to utilize EBS to broadcast emergency information and instrue; ions to the public. Each instructional mtssage broadcast over EBS will also be released as a news release by the Media Center. In February 1988, FEMA personnel visited the primary EBS station to determine its capabilities. The current capability of the identified EBS O radio station includes the ability to record and broadcast emergency instructions and information to the public. The primary EBS station has a ba'ckup power supply. > The Public Notification Coordinator, once the NHY ORO is activated, ' O begins preliminary planning with the Radiological Health Advisor and the Technleal Advisor regarding the possible PARS. Upon the orders of the NHY Offsite Response Director, the Public Notification Coordinator selects the appropriate EBS message, completes the appropriate sections, , reviews the message with the NHY Offsite Response Director, coordinates the message with the State of New Hampshire, and the appropriate l lC Massachusetts official, obtains the NHY Offsite Response Director's ) i approval for broadcasting the EBS message, faxes the EBS message to the EBS radio station, requests the EBS radio station to broadcast the message l three times consecutively, and then every 1$ minutes thereaf ter. The ) Public Notification Coordinator has- the responsibility to direct the j Communications Coordinator to activate the siren system and to advise the O Special Population Coordinator on the need to initiate notification of ,; hearing-tmpaired people. Actual broadcast of the message is monitored by ; o the Public Notification Coordinator. The Public Notification Coordinator also supplies copies of the EBS message to the Public Information Advisor, l y the Support Services Coordinator, the School Coordinator, and the Special 0 Population Coordinator. i l In a fast breaking emergency, the Seabrook Station Short-Term Emergency y Director can request authorization from the Governor of Massachusetts and perform the EBS functions ordinarily performed by the Public Notification (j i O Coordinator. (See discussion under element E.4.) jr I
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g '. Demonstrate the' ability to initiany a.lert the public'within the 10 mile gi Objective #12: ' r EPZ and begin dissemination of an instructional message within 15 < minutes of a decision by appropriate State and/or local official (s). i Evaluatiom Met. ! 9; Narrative Summary: The New Hampshire Yankee Offsite Response Organization ! J demonstrated the ability to alert the public within the 10-mile EPZ i and broadcast an initial instructional message within 15 minutes of the authorization time from the Commonwealth of Musachusetts (FEMA Control Cell). 4 Touowing is a description of the sequence of events for the first Alert , and Notification System . Activation. - Notification of the SAE and l usociated EOT (NHY) PARS wu received at NHY ORO at 1152. At 1202 NHY ORO initiated a conference call to the Governor's g 1 Representative to brief him on the situation and request legal authorization to sound siren. An instructional message reflecting the emergency situation was draf ted and faxed to the Governor's Representative (TEMA Control Ceu) for concurrence at 1210. , Meanwhile, the VANS, which had been deployed to their acoustic . locations at the Alert stage, were informed of Imminent stren 9) activation. The stren system was armed at the NHY ORO EOC. At 1215 a signed concurrence of the EBS message was received from the ' Governor's Representative (TEMA Control Cell). At 1218 the EBS station WLYT, was contacted via the hotilne ring-down and the . emergency message was simultaneously faxed to the station. The g= instructions to the EBS station were to broadcast the message three times with subsequent broadcasts every 15 minutes thereafter. The drivers of the VANS were advised to stand by for stren activation at 1222. Simulated siren activation was accomplished at 1222. The radio broadcut of the message was indicated by controller input at 1225. 0 Actual broadcast of the EBS test message was alred on WLYT (TM > 92.5) at 1237. It should be noted that the cut of-sequence broadcast was pre-arranged with~ the station to be at their programming l convenience / discretion. At 1227 the VANS were polled by roll-call to j j ensure there had been no siren f ailures. 9: l Supplemental alerting and notification of the hearing impaired, mobility impaired, special f acilities, and schools within the six Massachusetts communities were provided by and coordinated by the NHY,ORO Special Populations Liaison and School Liaison for each community. The Special Population Liaisons and School Liaisons had 0; lists of individuals, speelal f acilities, and schools with their telephone numbers and addresses. Individuals with hearing impairments who ' were not reached by telephone by the Special Population Liaisons were-contacted by Route Guides at their residence. The purpcse of the 9
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- 15 O contact was to determine if the individuals were aware of the emergency situation and if they required transportation unistance.
We note that NHY ORO plans to distribute tone alert racles to portions of the speelal population (schools, day care centers, nurseries. O nursing homes, etc.). These radios should expedite the process of supplemental alerting. Objective #13: Demonstrate the ability to coordinate the formulation and - diuemination of accurate information and instructions to the public in
* *i m 'lY f "hl " "' t h' "It ' *l "I ""d "' *!'!* * *I'" h'* "'""' d
- O Evaluation: Met.
Narrative Summary: The New Hampshire Yankee Offsite Response Organ!:ation O eemonstrated the sollity to eevelop appropriate instructiens ane jnformation during all three phases of the exercise. Instructions sIES Messages) were formulated, approved and distributed according to the system described in the plan. For the most part, prescripted messages st red in the word processing system were usee, O with appropriate n.o,difications to reflect the < eurtent Protective , Action Decisions. On one occasion an EBS message wu composed from scratch. , Message content was generally accurate, complete and clear, with one O exe ption. One of the EBS messages was not consistent with actions and discussions of the staff; i.e., ORO EBS message #2, releued for broadcast at 1420 (and the corresponding news release 6 and 7) advised that residents of Amesbury and Salisbury should evacuate, stated that schools in communities being evacuated would be evacuated, and . l 1 stated that school chileren in those towns were being held at school fer O later dismissal and stated that all schools in Newburyport were being sheltered whereas information existed that indicated ordy 3 schools were being sheltered and 4 schools were - being dismissed in i Newburyport. l O lt is TEMA's belief that both of the above referenced inconsistencies can be attributed to disconnects between the NHY ORO staff and the control cells. '# hen the NHY ORO briefed, discussed. and reviewed the Massachusetts Oovernor's Representative concurrence in the PA and corresponding EBS message #2, it was their belief that the schools O in Amesbury and Salisbury would commit their. transportatien resources to evacuate their students: b the statement that schools in the communities being evacuated would be evacuated. It is noted that normkl dismissal of schools is 1430 for Amesbury and Salisbury -( 4enools anc. accorcingly, the tuses and crivers would be at the l O
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l November 13, 1989 O! UNITED STATES OF AMERICA NUCLEAR REGULATORY CONKISSION before the 1 ATONIC SAFETY AND LICENSING BOARD 9; ' 1
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In the Matter of .) ]
) -gj i PUBLIC SERVICE COMPANY OF ) Docket Mos. 50-443-OL-1 j NEW HAMPSHIRE, et al. ) 50-444-OL-1 i
} (offsite Emergency i (Seabrook Station, Units 1 and 2) ) Planning and safety j
) Issues) !
)
- e AFFIDAVIT OF GARY J. CATAPANO l
I, Gary J. Catapano, being on oath, depose and say as-follows: ,
- 1. I am the President of Allcona Inc. which is contracted by the joint owners of Seabrook Station to evaluate and design communications systene and to specify comanunications equipment '
for emergency planning purposes in connection with Seabrook O Station. In addition, I have testified before this board ; regarding the comununications provisions of the Seabrook Plan for Massachusetts Conununities (SPMC) . A statement of my. professional qualifications is a matter of record in this proceeding. #:
- 2. The purpose of this affidavit is to address the intervenors' i allegation that NNY does not have the capability to provide "
prompt emergency instructions to the public in light of the _g[ withdrawal of certain agreements. f lh e: dsbd $[
- n. ., . y . , .. , , - . , c , - , , , , ,. ,,,_.,w , , . - . , , , , - - , . _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ - _ - - - - - - . - - - - - - -
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- 3. The SPMC relies upon a single broadcasting entity which operates on both AM (WHAV 1490 Khs.) and FM (WLYT 92.5 Mhs.) ;
frequencies to deliver instructional messages to the public as " O part of the public alert and notification system. These stations both operate on a 24 hour basis, 365 days of the year.
- 4. There currently exists both a primary (dedicated ring.down circuit) and backup (commercial telephone) method for allowing .
@ rapid communications to occur between the NNY ORO Baergency 'l g Operations Center (EOC) and the WHAV/WLYT studios. In addition, l there is a third method available for transmitting emergency information to the stations from the ORO BOC via the Remote Q Programming Uni" (RPU) which has the capability for allowing direct on-air broadcast from the ORO EOC. Prerecorded messages have been provided to the station to allow for the rapid dissemination of information in a fast breaking emergency.
O Additi nally, a telefax capability.is operational at both , locations to allow transmission-of hard copy messages. These .; measures ensure the ability of the ORO to be able to communicate emergency information to WHAV/WLYT.- , O
- 5. In the event EBS is activated at a statewide or local operational area level, stations classified as non-EBS stations are not required to go "off the air". _The only required instance '
dur!ng which a nonoEBS station would go "off the air" would be in ' C) the event of a national amargency requiring activation of EBS on ; a national level. Section_73.918 of FCC ruleo (attached as "A") I defines a Non-EBS station and the-conditions under which it goes "off the air". Further the provisions of the Massachusetts EBS () Gperational Plan do not require non-EBS stations to go "off the air" during a statewide or local operational activation of EBS. 1 Of the 172 AM and FM radiv stations listed in the Massachusetts EBS' Operational Plan, fourteen are_ classified as non-EBS. Nine () of the fourteen non-EBS stations are low power educational stations with very limited coverage. I O _ . _ _ _ _ _ _ _ _ _ _ . _ . . . 1
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- 6. Contrary to the Affidavit of John F. Bassett, paragraph.3, ,
et . certain EBS equipment was provided by NNY.to WCGY/WCCM. This i equipment which' monitors WROR (the_ states originating. primary relay station) was provided to enhance the capability of WCGY/WCCM in'accordance with tho' Massachusetts EBS' Operational Of Plan. This equipment-was. delivered to WCGY/WCCM in November'of 1988. A delivery receipt fer the equipment signed by Mr. Joe , Sousie, at the time station engineer for WCGY/WCCM, is attached ! as "B".
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, Additionally, at this time, NNY offered installation gl j assistance for this package to WCGY/WCCM which was turned down. l 7. Relative to the commitments NNY-made.to WCGY/WCCM', I did l provide assurances to Doug Rowe during several telephone calls-he . ,: l placed to me during 1988. The assurances I provided Mr. Rowe related solely to the equipment for WCGY/WCCM and not the I remaining. stations in the Merrimac Valley Operational Area. l 9
- 8. The Allcomm Inc. letter, dated November 14, 1988,'to Mr. Rows was provided to him for his use in discussing the EBS equipment-packages designed by me with broadcasters in other areas.of the Commonwealth aside from the Merrimac Valley Operational Area. It was not provided for any purpose related to the SPMC or Seabrook G
, Station. 1 hf i(/L --- Gar N . Catapano
-NovemberId,1989 The above-subscribed Gary J. Catapano appeared before me and made oath that he had read the foregoing affidavit and that the statements set forth therein are true to the best of his - 9:
knowledge. Before me, 3x4 E $$$ % ; Notary Bablic d - MyCommissionExpires:Bf6h0 Oi
, w =
- riers from the air ama mosiltor for the sc8 Desting a National eneersency the posing a threat to the safety of life or a 73 ste Presmaey mati arrianarys.
property. A Primary Station broadcasts or re. Emers?ncy Action Terminatlosi in ac- Radlo and Tekvision teurall Broad cordance with the tsastructions in the cast Network prograra distr $bestaen fa.
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EBS ClieckHet for Non Partecipating ettetees shall be reserved esclusteely 0 73 912 Nf AC order-This is a service order previously fio Stations. for distribest6on of Presidenteel B8ee of he nt ie la t te. filed wNh participating communica- or Operational 4!acals Area 14v(8. The ,9,,,, g,,,, ,g,g,, y,,,,,g,, ,, p,,g,,,,,,,,g,,g ,,,g tions common carriers providing for EDS transmisslosas of ensch stallosas are program ortelnation recensegurat8on Intended for direct pubesc reception as A State Relay Network is a relay News em to not brdest at ihe of the major Radio and Television weH as antenstation programming net **rk. e===p=aed of Prismary Relay tesne of ortgesset transsenession shall be Networks voluntarily participating fra Stations and leased comsnan carrier recorded la d y by the N for broadcast at EM mNest opportunsty the National level ESS. Partecipating 331356 Presesry melay assessee trat ea=== arations facteetles and any networks are: GleGayL etteer available ea===easitcation factM. amaaastent wetts Operstaenal (Lecen tal American Brammernating CosepaAF g pyg,,,, e ,teley Statlon tan tote. 18es, for dimensenstang statewWe ene Area rmeremente ( ABC and ABC-TV). ,,,g p.,g og]se State Relay Netwoggp gency programunaseg ortelnated by the p (b) Columbia Broadcasting Systern Is a braannemas sA Governor er a designated represente re % Z _ for 88'*- (CBS and CBS-TV). the relay of Nationn level and State 311938 Penereyneese se esse Esmerseery tes Intermoesntain Network (IMND. Bewd - - - - - - evnergency progresn- m . Br==4==' Sposest I (d) toutual Broedraating System ming into the Operational flacall tal The FCC west send te siew alcen-t MBSL hea levels. This is a geographical area which sees att EBS autloortsation ased a letter tes Mattonal Broadcastless Company ,pe pm.=== a nessmaner of contigweens (NBC and NBC-TV). 3 73 966 Commern Progress Osassel 19ea- comuneanftles as shone in the State "88" '*"U ""*" es ,acpag. gas Operataanal Plass. I" "I EE E 8"*"' " ' " "**" tfl National Ptsblic Radio (NPR A ed k accept er decHne th auth is) PtsbMc Brandreasing Service This is a pris .ary Station in an Oper- tion wetteln 30 days of reedyt. 80eould gpggg g gg.ggg geese, g ,,,,,,,, g,,,ges,e Ehl United Press taternational Audio allonal fiscall Area which preferably g ,,,,,,g ,,,,g ,g ygong 18ee reeleseet be decHeed. Stee EBS Aes-has special cosansunicatioss links eith thettaation should be retestned to (UPI- Atadhot appropriate authorities te g . National This pena coraans L8ne necessary FCC. In eetteer eyeset. ass appropetate NIAC Orders sneast sneet White House Weather Service. Civlt Defense. locas suklance for tate volessetary coeresina- EBS CheckMet ased Egg sansw deseg. l
.registrements and wel be activated or State govervenient authorules. etc.) 48en teetween appropriate autherstfee seat 8en well be foreerded Se 88ee section only in accordance with the FCC as ap2cified in the State EBS Oper. te.g. 30staenal Weather Service. Civil ,,,,,,,,
Defense. Iseal er State governeneset, tbt Any entstlete licensee stee is not Rules and Re. " a==. attonal Plan. A Presnary CPC8 Statlon is responsitsle for coordissating the car. etc.) and the brandmat Issahatry to already a participant ased desiree to 0 13 953 Esmerger daeedcast Systems An- reage of a comunes emergency prograsm otttt the general white partacepete volusstartly Ise the 80steena8 80'*'I*"'* for its area. If it is innable to catty oest sluting a State er local emergency sku- gg,,g ggg ,,,,,,g ,,,,,,,,gg , ,,ggg,, ,,. tal This authorization is issued by this function other Prienary Stations atton. AddIttonal procediaral gask9es. W to FCC. The M nemy tason is the Operstlones flacall Area will be SOP's and other buplesmentisis in-the PCC to licensees of broadcast sta- strisctions shoutel tse developed at flee assene ese ESS Authertsatoon. tions to permit operation on a voltsn- assigned the responsibitur as Indicag. tel Any samt8 den sney wkleelras fresu tary. organtmed beau during a NetBonal ed in the State EDS Operatlonal Plan. State and local leveh to insure etfee" EBS partecipataan by givtag 30 slays evnergency consistent with the provt. Live operatiese of 19te E8tB at tlee State westten notice and by returning Ole alons of this subpart of the rules and 813.981 Ortsteeslag Preseery Relay Sea- assel Operataenalie acaal Ares levels-EBS Auttnertzetten to L8 e FCC. regulations. This authertsation ofH teen tores Pro metart. gygggg g. m (d) Any stattest that is desated sper-remain in effect during itse period of An Originating Prisnary Relay Sta- progresamelag yderM6et tacipattoss tse 19ee National level EBS the initial license and subsegesent re- tion is a station as defined in B'I3.915 for any reason sney apply to the Cons-newals unless returned by the hokler that acts as alte orfekiating station tal Prograse prierttles for EBS are as endaston for review of the staff deseeni or suspended, snodified or withdrawn oc arce of a coenmosa progresn frosse the fouenos. g,, ,ce,,ge,,c, ,gth $ t.886 of this ey the Cossimission. gy .. , e, petal or State emnergency oper- priore, one _ presedenuma asemmases chapter. tbl An EBS Authorization is not re- . .sg center for the State Helay Net- yrserser Two-CW camcas Area tel Any A9d. FDO. or TV brandrama Oulted in order to participate ort a vol- work, and sney be progranimed direc& Preerenamiene station licestsee nemy at Stee discretion untary. organtzed basis in 3 tate anel ly by the Governor or a designated Prtersey Tsiree-stete Freerenissions of semanagessneset. vehesitartly partici-Operational timcall Area Esmergessey representative. P'p's'e'sssty Peer-pesteenal Preermamanesis asedg, age tye ggge ggede level asiel Operataost Broadcast Systesa operations as set al (Bacall Area level ESS les accord-forth in 3 13.936. 3 73.933 Neo-participsalms fleselon (Neo- tbl Participating samtions test ance esth tine proven 8 ens of the State del Any non participating broadcast E8BSI- remain on the ser during a National ESS Operateenal Plan. An EDS Aes-station may request en E8S authertaa This is a broadcast station which has emergency snustion metast carry Freet. thorisetten is geot registred. tion by making such request vin Infor- elected not to harticipate in the No. deutlal hiessages **Hve" at the tiene of mal letter to the ITC in Washington- tional level EBS ased does not hold an trassomisslose. Activalloss of flee Nation- 0 73.927 respripense ter teammammarassene D C. 20SS4 EBS autherlaation. Uposi activation of al level EERS etti preempt operation of "*'****" f el rit ste33. Nov 3G ISTS, as annended at tiie EDS at the National level sisch sea. Ilie Operational timcall Area or State tal Cossessier 8 cations cossunosi carri-se PM 3eese. Jialy 3. letal tions are required to remove their car. level EBS. ere which have facilelles avalishte in O 4 4 4 8 8 8 8 8 8 8
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ALLCCt!!i Inc. Pickup / Delivery P.eceipt- *
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l G c 0 November 14, 1989 UNITED STATES OF AMERICA WUCLEAR REGULATORY COMMISSION before the-ATOMIC SAFETY AND LICENSING BOARD , 0
)
In the Matter of )
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PUBLIC SERVICE COMPANY OF -) Docket Nos. 50-443-OL-1 O NEW HAMPSHIRE, et al. ) 50-444-OL ) (offaite' Emergency-(Seabrook Station, Units 1 and 2 ) Planning and Safety
) Issues)
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q O j i AFFIDAVIT =OF GEORGE R. GRAM 1 I, George R. Gram, being on oath, depose _and say: l 0 4 1. I am Executive Director, Emergency Preparedness and Community Relations, New Hampshire Yankee. As such, I am responsible for
# all energency preparedness planning and implementation' associated
, -j with Seabrook Station. A statement of F.y - professional j qualifications is a matter of record in this proceeding.
3 -
- 2. New Hampshire Yankee recently received correspondence from Douglas J. Rowe, Co-Chairman, Massachusetts ' Emergency Broadcast -i y System, and John F. Bassett, Manager, WCGY-FM, Lawrence, Massachusetts, dated October 13, 1989, and October 20, 1989, j!
..respectively (attached as "A"). The_ correspondence referengma = - }
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0 l previous letter of agreement, dated September 14, 1987, between New- 6 Hampshire Yankee and the Massachusetts Emergency Broadcast' system in which New Hampshire Yankee agreed to provide certain services g and equipment for the planning and implementation of an alerting system in support - of the New Hampshire Yankee Offsite Response , Organization (ORO). ! 9: L
- 3. In the aforementioned correspondence, Masrs. Rowe and Bassett i state that they are terminating their letters of agreement with !
New Hampshire Yankee because New Hampshire Yankee has not provided the equipment indicated in the September 14, 1987, letter of-agreement with the Massachusetts Emergency Broadcast System. Si
- 4. In July, 1987, I was appointed Project Director of i Massachusetts emergency planning for New Hampshire Yankee. The i project entailed development and implementation of a utility 9)-
sponsored emergency response organization and program for that portion of the Seabrook Station amergency planning zone situated in Massachusetts. g '
- 5. At that time, negotiations _ were underway with WLYT/WHAV, Haverhill, Massachusetts, to have them provide emergency information to the Massachusetts portion of the Seabrook Station EPZ. New Hampshire Yankee agreed to equip WLYT/WHAV for, this purpose, and a commitment letter was signed by the management of WLYT/WHAV on August 12, 1987. 9 :
9:
O. O 6. In developing the Seabrook Plan for Massachusetts Communities, . New Hampshire Yankee pursued a " defense in depth" strategy to assure that backup mechanisms were available to implement the plan. O Pursuant to this strategy, discussions were held in the summer of 1987 with Mr. Rowe, who represented the Massachusetts- Emergency Broadcast System. Mr. Rowe expressed to New Hampshire Yankee his O interest in upgrading the existing capability of the Massachusetts Emergency Broadcast System. WCGY, Lawrence, Massachusetts, was-then, as it is now, the Common Program Control Station (CPCS-1) or O' 98t*W8Y 8tati n in the Merrim8 k Valley Perational Area of the Massachusetts Emergency Broadcast System. Mr. Rowe informed New Hampshire Yankee that WCGY required additional' equipment in order to allow activation directly by the ORO in a manner similar to that used with WLYT/WHAV.
- 7. At that time, New Hampshire Yankee agreed to further discuss upgrading all of the existing Massachusetts Emergency Broadcast--
System stations in the Merrimack Valley operational Area. However, in order to establish a backup mec,ns for issuing. emergency information to the Massachusetts communities within the Seabrook. Station EPZ, New Hampshire Yankee agreed to evaluate and to upgrade the capability of only WCGY to serve as the backup station in
-support of the Seabrook Plan for Massachusetts-Communities. New Hampshire Yankee made this agreement with Mr. Rowe in his role as Co-Chairman of the Massachusette. c.,. Broadcast System. In
- the letter of agreement with Mr. Br. % 2 .e ed -; , . ember 14, 1987, New Hampshire Yankee agreed.1.o prov ;; a 2,. . .ttens of equipment to
O. 9, upgrade the capability of WCGY, enabling WCGY to serve as a backup EBS station to WLYT/WHAV, and in fact some of the equipment was ; installed and has been maintained by NHY (See Affidavit of Gary J. g' Catapano at paragraph 6).
- 8. Prior to executing the letter of agreement with Mr. Rowe, New g Hampshire Yankee advised him of the backup role contemplated for i WCGY. 4 l
O'
- 9. New Hampshire Yankee maintains its commitment' to upgrade WCGY's equipment (consistent with its role in the Massachusetts EBS Operational Plan) to the level outlined in the September'14, 1987 letter of agreement with Mr. Rowe. On October .- 26, 1989, New ;
i Hampshire Yankee advised Mr. Bassett of its intention to honor this ' commitment (attached as "B"). O
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/ i r/a-R. Gram j November 14, 1989 The above-subscribed George R. Gram- appeared before me and made oath that he had read the foregoing ' af fidavit and that the.
statements set forth therein are true to the best of his knowledge. g; Before me, ab L w <!./.a ca.r1 0 Notary Put$lic My Commission Expires: 0f,lfVL
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" Great Radio" P.O. Box 566 e 48 FMehburg St e Marlboro, Massachusetts 01752 e (SOE) 4851470 0- *
% octo3er 13, 1989 ft ed Mr. R. Boyd, Jr.
888l Performance Services Manager i O tl i P. O. Box 300 '
, ft Seabrook, NH 03874 f dl
Dear Mr. Boyd:
Your letter of September 29, 19119 , in puL accuraLO! IL attempts to describe o meeting htl.we'en un. If you will recall, at the end of that. meeting there was no spirit of cooperation.
\
O I said to you that as Co-Chairman of the EDS Systems in Massachusetts, 14, 1987. I was going to witherav my letter of September ! In fact, a copy of the letter I intended to send you ws: F AX'D to you on Septr mbt'r 20th qivinr1 you the f urther opportunity to review the commitment made by Mr. Thomas. l O After telephone calls and a request by N.II.Y. to delay the withdrawal, I agreed. for the delay was N.H.Y.It was understood that the reason was to submit a revised commitment. , Your plan as submitted to NRC includes the EBS System. You now say, and I quote, "IF the Morrimac Valloy E.B.S. Network is, utilized." O I still remember the dayc of N.!!.Y. as: ting Mr. Dassott of WCGY and myself to sign, " quick instant" drawn agreements with the~ intent of complying with FEMA requirements. My recollection was that the FEMA regulations recuire nuclear plants to , I cooperate with and be integrated with the E.B.S. System. As I ; O tried to tell you at our'mecting, there was an intent to put Massachusetts residents on ocius1 renting with ncv nampshire residents. Mr. Catapano a xH u r eti mf' l. h a t. he woutcl inst.all a system in the Merrim.u- Valley conuint. ant. w i t. h - t h e iyutem 3 described later in the attached letter. To my disappointment, the CPCS-1 station WCGY "the gateway" to O Massachusetts, has not received the committed equipment or i services, not to mention the other stations of the Merrimac Valley. Your selection of WLYT as a source to activate specific receivers is voll intentioned and commendabin, but does not activate the t.B.S. System. O sevns .e Amuer.: suouroon uorwei seeween sosion one we,::.sier 24 sou,3 o w
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Your ' letter indicates a total lack of understanding of .the' E.B.S. System. WLYT does NOT trigger a notification to the general $; public. I ?. triggers only YOUR system. The many radio stations 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 i release. FEMA regulations involve agreements with CPCS-1Lstations , and coordination with state emergency E.B.S, chairmen. I suggest 'g 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 ? g; As you can read from the attached copy, which was previously FAX'D to you, I said that I 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 9). of this communication to the CPCS-1 station WCGY. ! i very truly yours, l kh{f-~~~. ./ :== ? Douglas J Rowe gl; Co-Chairman 1, Massachusetts Emergency 1 Broadcast System ATTACHMENTS; i A. Letter of withdrawal 9/20/89 e' 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 9. Ol i l 9 4
O ee ee ' < Great Radio P.O. Box 566 e 48 Fitchburg St e Madboro, Massachusetts 01752 . (506)485 1470 4 o% 83 20 September 1989 _j I h Mr. Michael Lewis ! Og il Emergency Preparedness / Resource Supervisor ' '
g r Nev. Hampshire Yankee F** ffi 8'" 3 O Seabrook,ew Hampshire 03874
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Dear Mr. Lewis:
Pursuant to our meeting today I, as Co-Chairman O f the Massachusetts Emergency Broadcast System hereby revoke my letter of 14 September 1987. New Hampshire Yankee has, r e g r e t i c.117 , refused to honor the terms and conditions of that letter of agreement. O It has been two years since the letter was tendered ! and the E.B.S. stations of Merrimac Valley have not received the promised cooperation. The limited equipment installed has not fulfilled commitments made, oral or written. I O sincerely, l r'e .
.c 6--- _ -
Douglas J. Rove Co-Chairman O ' Massachusetts Emeresency Broadcast System Encl: Agreement 14 September 1987 O O 1 1 0 I se r; se uue, sucu : - v=~e. sew smn =n= =,cere, u -u c ocy
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s The Messachusetts Emsegency Broadcast Sgstem is
- Committed to responding to eng e,mergency that meg effect residents .
of Massachusetts.The Emergeneg Broadcast System is a voluntary organization authorized by and created by the Federal .? 1 Communications Commission. Its primary function is to siert the public ! in the es_ent of a Presidential Declaration of Emergeneg; most- ,! specificig nuclear attack. But the authority to use the EBS has been delegated down to the indipiduci licenses which must use its
" independent discretion and responsibility ". ;
The Massachusetts Emergeneg Broadcast System would recognize eng responsible local business or organization that mag 9; be responsible for creating er reporting a lacei emergency. After review of New Hampshire Yankee's Offsite Response Organization end determining that en incident at New Hampshire Yankee could effect Messochusetts residents and that activation of the EBS could mitigate the effects caused by on incident the New 8 Hampshire Yankee Offsite Response Organization is recogenized as e responsible local organization within the meaning of the Rules and Regulatione governing the EBS. IDith regard to the planning and implementation of the - g-eierting system it is understood that NHY/080 will provide certain
, services and equipment et its supense and that this process of planning and implementation will be en ongoing one.
The following equipment and services will be inittely supplied: 9
- 1. Radicated telephone line and answering depics with competeb!= taping equipment.
- 2. Fan or similar device for receiving hard copy of eng message.
- 3. RPU er similar transmit / receive equipment to eaeble messages to be sent / received without reliance on telephone. Also, to enable EBS stetten to transmit from incident area or from areas that the incident meg cause en effect. g; bbY, =^
George S./ Thomas Douglas J. Rove // Vice President of Production Co. Chairman V New Eaapshire Yankee Massachusetts Emergency Division of Publ.c Service Broadcast System g Company of New Hampshire Agent for the Seabrook Joint Owners V.v' /' d) ~ lY /$T7 Date 'Date ' /
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A LETTER OF AGREEMENT BETWEEN RADIO STATION WCGY AND -i' NEW HAMPSHIRE YANKEE'S OFFSITE RESPONSE ORGANIZATION
Purpose:
U.S.C.'151, To 154 activate Emergency' Broadcast System as Provided Title-47 (i) and (o), and 303 (r) l G, Chapter 1, Part 73, Subpart Federal Communications Broadca'st System (EBS) Commission Rules and Regulations, Radio ' ' -{ 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 an accident 93.7 FM, Lawrence, Messachusetts, in-the event of incident-at Seabrook, New Ham:: shire. the Seabrook Nuclear Power Station (SNPS) in-Scoce of Activity of WCGYr requested)The management of WCGY,. Lawrence, Massachusetts. (when agrees to activate the Emergency Broadcast System for the 4 Emergency Planning Zone located within the Commonwealth of Massachusetts which consists of the following six (6) communities: Amesbury, Merrimac, Newbury, Newburyport, Salisbury, and West Newbury. The management of WCGY further agre.s to activate !when requested) the tone-activated notification system and broadcast radios supplied as part of the public-emergency public'information when notified to do so by the Offsite Response Director of.the NHY/ORO, using a pre-arranged authentication system. { WCGY further agrees that they have ar.d will maintain a Response capability recording Director, andto record thebroadcast they will actual voice.of the NHY/ORO offsite of/or participation in this plan shall not be deemed as athe message, acceptance 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
' procedure)
Director is authorized (through a pre-arranged authentication to activate the Emergency Broadcast System servicing the Seabrook Emergency Planning Zone area in the event that there is an 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 bEcadcasting 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. indicatedThisbelow.agreement becomes valid when signed by the signatures Once valid, it can be terminated by either NHY/ORO or the management of WCGY by written notification ninety (90)~ days-
;o, g.'
prior to the date of termination.- '
].,
/ 9W5 George- .y. Thomas Vice-Pref;.ident of Production-Y dh JJKnager-T
.NCGY 93.7:FM New Hampshire Yankee-Division-of Public Service $;
Company of New Hampshire Agent-for.the Seabrook . Joint owners ! 4 , . c .- fo r w, / r eP7 1 Date Date e
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l { m w d M Il m il l 165 Menell Coun, Kane, NH 03431 603/357-0009' l November 14, 1988 r t 3: Mr. Doug Rowe, Esq. ? J- Morse, Morte and Rowe P.O. Box 617 Marlboro. Massachusetts 01752 (
Dear Deus,
q . J Fer cur discussions, attached is a description-of the ESS equipment package A11Comm, Inc. has developed for broadcast stations. This package was developed based upon research relative to the EBS network's current configuration and its operational status. This research specifically examined these issues for the New England area,
) however, our research included discussions with Emergency Management Agencies in Florida, California, and-Tennessee, broadcasters from-arounc the country and officials from FEMA and the FCC.
The basic intent of these efforts was to determine the operational status of the EBS network. We needed to know what was broken and what could be done to fix it, if anything. These efforts:were all
) encompassing and not limited to hardware issues. They included other -
important areas such as training of station personnel, development of , ISS procedures for each station, and the need for ongoing preventative maintenance and surveillance programs for station EBS harduare packages. f At :he same time we were conducting our review, there were'several other efforts underway at a f ederal. level which may have appeared at first to be headed towards the same goal. These efforts, however, ware. directed towards the further development of EBS'as a communications link from the President to the public.during:a time of an emergency. This of course was the original purpose for which EBS ) was conceived. In contrast to these efforts, the problems facing emergency management personnel and broadcasters on a daily basis are quite different. These problems often require the activation of EBS for rapidly developing. technological incidents that effect several municipalities or a county-wide area. It is for these types of 1 incidents and regional weather advisories for which EBS is'most often utilized. Therefore, it is logical to conclude.that EBS must be fine-i' tuned on a station-by-station batis in order to be responsive to
- those. types of incidents. Our research and recommendations.for:
creating a responsive functional EBS network are focused along these
'ines.
I - T * . - - - *
-__rm__m.m_
, g In order to achieve this goal, we have developed a basic generic equipment package to be installed at each station in the operational area. ~This equipment package is designed to "fix" all of the hardware items that we identified during our research as being inadequate. The package is also designed to facilitate the initial 9 notification to station personnel and.to assist personnel with EES responsibilities once activiated. This " generic" package is then tailored to fit a particular station's needs and management concerns. .
Procedures for station personnel are reviewed, revised or developed, and a specially developed training program is initiatec. Once 9 installed, the EES equipment itself is also placed under a preventative maintenance and surveillance program. A training review is conducted on an annual basis and training is provided for new-station personnel as required. Collectively, these efforts combined with the willing participation 9 of the broadcasters, state, and local authorities create a viable and responsive EBS network. This program and hardware equipment packages have been in place and operational in the State of New Hampshire for the Seacoast Operational Area since March of 1987. Several broadcast stations g outside of New Hampshire also have instal:.ed these equipment packages. If you would like to visit one of these stations, or would prefer a demonstration of the hardware package at your location, please let me know. Thank you again for your interest in our products and services. g Sincerely. Gary J. Catapano, O President GJC/cer : Attachments 8 9 2-9
y: 5 f I . T DEMIIIIHHil
- . _ _ _ 165 Menen Coun, he,w, NH OM31 603/357 0009
) 1 OPERATION OF THE CATAPLUNKT EBS NOTIFICATION SYSTEM ' ' The system utilizes the CPCS-1 station as a " gateway" station allowing access and control of the operational area. The other f stations in the operational area monitor the gateway station. These I stations are termed satellite stations. The equipment at the satellite stations monitors the CPCS-1 station continuously. The equipment package installed at each station. i / consists of the following: the EBS Custom Control Unit, a TFT EES Receiver. Encoder, Decoder Unit and a specially modified Nakamichi MR-2 Cassette Deck. High power strobe lights are utilized as visual and silent means of notification to personnel in the air. studio (s). When the gateway station transmits an EBS tone .the TFT. Decoder decodes the signal and activates the EBS Control Unit which causes 1 the following events to occur simultaneously -
- 1. The strobe' light (s) in the air studio (s) begin to flash. '
- 2. The receiver on the TFT "unmutes" and the emergency message being transmitted by the CPCS-1 becomes audible over the
[ speaker. A " mute" switch is provided to override this ! feature if the equipment is installed-in the. air studio. l 3. The cassette deck starts automatically and begins recording the emergency message being broadcast.
. 4. The broadcast audio from the CPCS-1 station comes up on the console on the channel utilized for EBS and the DJ can l select it on " cue" channel in order to monitor it.
The strobe light remains " flashing" until reset by a remote reset button installed on the audio console. However, the remote reset , f button does not stop the tape recorder which continues to run for 10
- =inutes or until manually reset via a cwitch on the EBS Control Unit.
! When alerted by the flashing strobe light (s), station personnel are L trained to select the appropriate channel on the audio board and l bring up the EBS audio on " cue" to determine if it is a test or an actual emergency EBS activiation. )
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Oj i 1 9 If it is an actual emergency, the station can rebroadcast the message recorded from the CPCS-1. The encoder portion of the TFT Unit is wired to the EBS activation button installed on the audio board to. allow activation from the air g) studio. Should an AM and FM station be co-located, the equipment can ' be remoted to both air studios. Special audio bridging can be added for simulcasting emergency information. Additional equipment wiring is performed at er.ch station to allow operation of the features , described above, i An outdoor antenna is normally provided with each package. Where S! ' necessary, a notch filter or " trap" is also provided to ensure proper operatier in the presence of strong R.F. fields. When complete and_ installed. the system is placed under a monthly preventative maintenance and surveillance program, y, w: In order to. allow integration of the Operational Area with the state-wide EBS Network, the EBS equipment package at the CPCS-1 station is tuned to monitor the State Operational Primary Relay Station. t S 9 9 9 1 Gi l l l 9
SEP894479 _EP3.0.00.15. New Hampshire
. Yankee .
September 29, 1989 Douglas Rowe
-Mass. Energency Broadcast System P.O. Box 566 Warlboro, WA 01752-
Dear Mr. Rowe,
Pursuant to our aseting of September 20, 1989, New' Hampshire-Yankee would like to outline its comattaants with regard to Public Notification.and future Emergency Planning participation by the State of' Massachusetts. 3 NHY's commitment concerning Public Notirication, as negotiated with federal officials, is to issue all residents, schools, businesses, public buildings, nursing homes, etc. public information aaterial. This material. outlines the responses the , public should-follow in the event: emergency sirens are sounded within the six towns of the Seabrook-Energency Planning Zone. In-addition,-tone alert radios are being distributed:to public-& private schools, day care facilities,. nursing homes,--special needs facilities, hotels, notels,-inns, hospitals and' businesses. These radios will activate:once an EBS tone is received from. WLYT, and then monitor the station for.eaergencyuinformation. i The second issue is the future. participation of;Nass. in j Emergency Planning for Seabrook Station. Once tbs StateLbegins to plan with NRY, we vill re-evaluate.our broadcasting- ; capabilities and requirements, will formulate cost effective alternatives and laplement the selected-alternative. If the Merrimack Valley EBS Network is utilised. due to'prudency considerations, federal and State assistance must be' requested, documented and denied prior.to a re-evaluation by NNY. s We hope our' position-in this matter is clear 'and appreciate, the support you continue to provide on our behalf. NEY wishes to ! continue our relationship with you and=the Mass.=888.- If you have any questions or concerns please call'as at (603) 474-9521' Ext. 2417. Thank you for your time and we look forward:to your i continued cooperation.
\ .
R. Soyd, r. 3 l s Performance Services Manager- - i A l jjg9451: New Hompshire Yonkee D.ivision of Public Service Company of New Hempshire -
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f . - g : O October 20, 1989 a 1 Mr~. B. Boyd. Jr. i Performance Services Manager , l . P.C. Box 300 Seabrook. New Hampshire 03874 e's Dear Mr. Boyd IYankee have from received Douglasa Rowe. copy of the letter of -(htobar13.1989,to New Hampshire i 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 radio station WCGY and New Hampshire Yankee's offsite orgtnisation. t There is NO pre-arranged authentification system, there is N0 dedicated S' telephone line and answering device, there is NO RPU or similar receive equipment to the incident area. ransmit/ t , The letter of September 14, 1987 equipment and services were rendered.was to become valid when signed and the 'as ; and services are not forthcoming. I consider the CPCS-1/WCGY letter ofSince yo September 14. 1987 void effective today. The management of WCGY doesOnot intend to perpetuate an agreement that the public may, rely when, on in fact, there is no agreement, to notify the general public. or more importantly NO E.B S
. . system in place
,Very truly yours.
9 John F. Bassett
Attachment:
WCGY-NHY/ORO Letter 9/14/87 cc: S Douglas-J. Rowe, Esq. Leslie,Greer, Esq. e: 33 F2#MN STQiET. LAW 9ENCE, MA 01840 (617) 6B3 7471/OSTCN (647) 729-9470 9. .OCM & WOGY Boston /Lcwence. Mosso:rusetts WEAT & WEATSM e West Potm Berxn Ficry
f .
'SEP894795 ;
EP3.0.00.15 ' New Hampshire . . Yankee October 26, 1989 L-l Jchn Bassett .. 33 Franklin Street p 1,awrence HA 01840 l' ' [
Dear Hr. Bassett:
1 . . New Hampshire Yankee is in receipt of your letter dated October 20, } 1989. It appears from your letter that you are not completely inforacd of Nsw Hampshire' Yankee's position ~ regarding. its cossni+. ment to WCGY/WCCH. . Our commitment, with regard to the Mass. Broadcasters Agreement, was to . evaluate WCGY/WCCM's equipment, provide new or upgrade _ existing equipment to ensure.the following exists:
- 1) Dedicated telephone line and answering device with compatible taping i equipment. 4
- 2) Fax or similar device for receiving hard copy of any message..
RPU or similar transmit / receiver equipment'to' enable messages to-be
~
3) sent/ received without reliance on telephone. -Also, enable EBS stations-
- to transmit from incident area or from areas-that the incident may.
cause effect. At a meeting on September 20th, Mr. Rowe of the Mass. Broadcasters ) Association took the position that NHY.was to provide equipment'to-all of-the EBS stations in the Herrimac Valley area. We reiterated our; commitment-to WCGY/WCCM and were under the impression Mr. Rove understood'this. :It i was, and still-is, the position of-NEY that we will-evaluate your stations' squipment and supply the necessary components as -outlined in the Mass. Broadcasters Agreement. (See attached.) ) We would'like the opportunity to provide you with further. details of' , this unfortunate misunderstanding and conduct a-review of your stations' equipment so that NNY can fullfil its commitment as outlined in the attached. Please call me at 1 603-474-9521 X 2417.at your convenience to i set'up a meeting to review and discuss these issues. Sincerely. E I Robert Hanager Boyd,
'W~
Jr { LSer91ces Performance RB/1mk i Attachment LHK9557 o .. ( New Hampshire Yonkee Division of Public Service Company of New Hampshire P.O. Box 300
- Seabrook, NH 03874
- Telephone (603) 474 9521 ;
sti
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4 O! i PERTIFICATE OF SERVICE I,. Thomas G. Dignan, Jr., one of the attorneys-for the .. O Applicants herein, hereby certify that on November 15, 1989, I-made service of the within document by. depositing copies thereof with Federal Express,1 prepaid, for. delivery to-(or, where. indicated, by depositing in the United States. nail', first class.- , postage paid, addressed to): LO;! Administrative Judge Ivan W. Smith Adjudicatory File. . Chairman, Atomic Safety and Atomic Safety and' Licensing -. . i Licensing Board Board Panel Docket (2 copies)' U.S. Nuclear Regulatory U.S. Nuclear Regulatory. Commission commission. ; East West Towers Building East West Towers Building g' 4350 East West Highway- 4350-East West Highway-Bethesda, MD 20814 Bethesda, MD' 20814 Administrative Judge Richard F. Cole Robert R. Pierce, Esquire-L Atomic Safety and Licensing Board -Atomic Safety and Licensing ., l U.S. Nuclear Regulatory Commission Board 1 East West Towers Building U.S. Nuclear-Regulatory O 4350 East West Highway commission Bethesda, MD 20814 East West Towers Building ? 4350 East West Highway Bethesda,'MD 20814 i Administrative Judge Kenneth A. Mitzi A. Young, Esquire- $. ~ McCollom .Edwin J. Reis, Esquire'. 1107 West Knapp Street Office of the General. Counsel Stillwater, OK 74075 U.S. Nuclear Regulatory Commission One White Flint North,115th F1. 11555 Rockville Pike - g' Rockville, MD .20852' John P. Arnold, Esquire Diane Curran, Esquire Attorney General . Andrea C. Forster, Esquire George Dana Bisbee, Esquire Harmon, Curran & Tousley Assistant Attorney General Suite 430
-Office of the Attorney General 2001 S Street, N.W. 'O:
25 Capitol Street Washington, DC 20009 Concord, NH 03301-6397 ,
- Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board 116 Lowell Street U.S. Nuclear Regulatory P. O. Box 516- .$
Manchester,>NH 03105 Commission -i Washington, DC- 20555 l' l 9:
4 O 8 Philip Ahrens, Esquire Mr. J. P. Nadeau Assistant Attorney General Selectman's Office Department of the Attorney 10 Central Road General Rye, NH 03870 g Augusta, NE 04333 Paul McEachern, Esquire John Traficonte, Esquire Shaines & McEachern Assistant Attorney General 1 25 Maplewood Avenue Department of the' Attorney j P.O. Box 360 General ' Portsmouth, NH 03801 One Ashburton Place, 19th F1.
$ Boston, MA 02108 Chairman Mr. Calvin A. Canney <
Board of Selectmen City Manager 95'Amesbury Road City Hall Kensington, NH 03833 126 Daniel Street Q Portsmouth, NH 03801
- Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire U.S. Senate Lagoulis, Hill-Whilton &
Washington, DC 20510 Rotondi (Attn: Tom Burack) 79 State Street g Newburyport, MA 01950
- Senator Gordon J. Humphrey Barbara J. Saint Andre, Esquire-One Eagle Square, Suite 507. Kopoluan and Paige, P.C. i Concord, NH 03301 77 Franklin Street (Attn: Herb Boynton) Bosten, MA 02110 0 Mr. Thomas F. Powers, III Mr. William S. Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 g H. Joseph Flynn, Esquire Judith H. Mizner, Esquire Office of General Counsel 79 State Street, 2nd Floor Federal Emergency Management Newburyport, MA 01950 Agency 500 C Street, S.W.
, Washington, DC 20472 9 Gary W. Holmes, E: squire Richard A. Hampe, Esquire Holmes & Ells . Hampe and McNicholas ! 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03842 Concord, NH 03301 S
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PUBLIC SERVICE COMPANY OF Docket Nos.-50-443-OL'
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NEW HAMPSHIRE, et al. ) 50-444-OL'
) Off-site Emergency ;
(Seabrook Station, Units 1 and 2)_ Q ) Planning' Issues
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APPLICANTS' RESPONSE ~To_"INTERVENORS' NOTION- [ () TO ADD AN ADDITIONAL BASIS TO'THE LATE - FILED ATTACBED CONTENTION TO THE NOTION OF NOVEMBER 9, 1989"
'Under date of November 22, 1989, the-Attorney General for _
() The Commonwealth of Massachusetts'(MAG), on behalf of himself. and two other intervenors, filed a pleading with the l labyrinthine title of "Intervenors' Motion to Add an l () Additional Basis to the Late Filed Attached contention to the l Motion of November 9, 1989" (hereinafter the " Motion"). The thrust of the Motion is that WHAV-AM and WLYT-FM, the EBS (); radio stations upon whose reliance by Applicants MAG claims . to be a newly-discovered fact,' have too small a normal - I Eg3 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 (November 9, 1989) (hereinafter " November 9 Motion"). g ,j
o! a listening audience to suffice for'EBS-notification of the public in a radiological.emercancy. In light of.the fact ei that this latest proffered assertion lacks any regulatory basis, is unexcusably late in being filed, fails to raise any safety issue (let alone a significant one), and' fails to meet 9:. virtually all of the rest of the requirements for reopening the record, the Motion should be denied.3 ARGUMENT e'l As MAG implicitly concedes in his Motion,' this attempt to - . reopen the record and litigate the proffered radio coverage issue must meet the requirements'of 10 C.F.R. $ 2.734. These-4 are:
"(1) The motion must be timely, except that an exceptionally grave issue may'be considered in the discretion of the presiding officer even if untimely presented. O'
"(2) The motion must address a significant safety or environment issue.
"(3) The motion must demonstrate that a materially e, l
different result.would be or would have been likely had l the newly proffered evidence been considered initially." 2 Motion at 2. In point of fact, the SI4H: relies on high-powered sirens as the primary means of alerting and notifying-the e public of a radiological emergency. Plan at 3.2.5. EBS is thereafter employed to instruct the public as to protective : action recommendations. 3 Moreover,.the plain purpose of the Motion, in at least. substantial part,~is to attempt to rebut Applicants' response to e' MAG's November 9 motion. In this respect, the-Motion contravenes 7 10 C.F.R. 5 2.730(c). , S.g.t Motion at 3, 10. ei 9.
0; i j l 10 C.F.R. 6 2.734(a) In addition, i "The motion must be accompanied by one or more affidavits which set forth the factual'and/or technical bases for the movant's claim that the criteria of caracraoh (a) of this section have been satisfied. 3 Affidavits must be given by competent individuals with knowledge of the facts alleged, or by experts in-the
. disciplines appropriate to the-issues raised. .
Each of the criteria must be sacarately addressed, with a specific explanation of why it has:been met . . . . 10 C.F.R. I 2.734(b) (emphasis added). Furthermore, a motion to reopen relating to a new issue ; ! must also meet the 10 C.F.R. I 2.714 (a) (1) five-factors test. 10 C.F.R. 5 2.734(d). Finally, any late-filed contention i must also meet the requirements of basis and specificity applicable to all contentions. ) As is discussed in detail below, the Motion does not meet the requirements of 5 2.734(a), lacks the requisite i affidavits, fails the five-factors-test, and lacks any 1 regulatory basis. For each of these four' independently sufficient reasons, the Motion should be denied.. I. THE PROFFERED CONTENTION LACKS ANY REGULATORY' BASIS. ) Before turning to the other substantive and procedural deficiencies of the Motion, it should be noted that MAG is asking this Board to reopen the record, authorize further-discovery, and then hold more hearings on an issue which has no bearing on Applicants' compliance with the reguletions:of-this agency. As the NRC Staff has recently pointed out in
1
'$l response to the MAG's related motion to reopen,5 ALAB-911' has made clear that Applicants can rely upon the existence of the g state-sponsored, FCC-approved EBS system in the Commonwealth I
and the Seabrook EPZ to meet the notification requirements of. 10 C.F.R. I 50.47 (b) (5) and^10 C.F.R. Part 50,-App. E. IV. 91 l D.' As the Staff also pointed out, MAG's own affidavit and : documents offered in support'of his November 9 EBS contention ; demonstrate the existence, scope, and efficacy of the EBS 9,l system extent in the Seabrook EPZ -- e.g., within 8 minutes of authorization by the Governor or his designee, every EBS station in the Commonwealth'could be broadcasting emergency 9; messages.7 That Applicants have supplemented the capabilities of the EBS system with an additional direct link to two radio stations thus has no bearing on. compliance with 9 8 Egg NRC Staff Response to Intervenors' Motion to Admit a Late Filed Contention and Reopen the: Record on the SPMC Based Upon the Withdrawal of the Massachusetts EBS Network and WCGY, at 3-5, 7-8, 9-10-(November 20,- 1989) (hereinaf ter: "Staf f 9 Response"). Given'that the Sta'ff's brief was served by Federal Express and thus would have been received by MAG a day prior to the filing of the Motion, MAG's failure to address ALAB-911 in l his Motion is noteworthy. I 6 Lena Island Lichtina Comnany (Shoreham Nuclear Power O Station, Unit 1), ALAB-911, 29 NRC 247, 254-255 (1989). 7 333 Staff Response at 4-6 and sources cited therein. Inasmuch as the present Motion piggy-backs on MAG's November 9 EBS motion, the Board can and should examine-the documentation proffered in support of that earlier Motion to determine whether $o; or not those documents demonstrate any-basis for the contention whose admission is sought. Vermont Yankee Nuclear Power Corn, (Vermont Yankee Nuclear Power Station),-ALAB-919, 30 NRC __, CCH , ! Nuc. Reg. Rptr. par. 31,105 (July 26, 1989), at CCH page 32,725. S e:
i lei , I any regulatory requirement. _ MAG's proffered basis, that
- these radio stations generally have had only a small listening audience _under everyday conditions, is'thus likewise irrelevant to any question of regulatory compliance, and accordingly must fail for lack of basis.
O II. THE NOTION FAILS TO MEET THE REQUIREMENTS FOR REOPENING THE RECORD. The Motion is not timely,.does not raise a significant safety issue, and does not demonstrate that a different result would have been likely. As to each of these three ' requirements, moreover, the Motion lacks the requisite affidavit support. Finally, the Motion ~ fails the five-factor test, since factors (1), (iii), and (v) weigh against it. p A. The Motion is Not Timelv. A party seeking to reopen the record is required-by 10 C.F.R. 5 2.734(b) to provide affidavit support for the ) assertion that gash of the criteria in 10 C.F.R. 5 2.734(a) l has been met. Despite this unambiguous regulatory-requirement, MAG offers no affiant as to his assertion that l l t i
f Gif this Motion is timely filed.a For that reason alone, the Motion should fail.' gj Prescinding from this' deficiency, the Motion simply is not timely. As Applicants discussed at length in their response 1 to MAG's previous EBS motion," MAG has (or should have) gl known for quite some time that Applicants relied upon WHAV , and WLYT. The FEMA-REP-10 Report of April'30, 1988, and the June 1988 correction to that report made that fact clear." g So did MAG's November 16,.1988 deposition of Gregory Howard." So did MAG's cross-examination of Anthony Callendrello on June 28, 1989, in which Mr. Callendrello gp i a The burden of showing timeliness is upon MAG. Given the actions by MAG, and the documents and testimony available to MAG, which are discussed infra, MAG's failure to offer any affidavit on the issue of timeliness is particularly suspicious. MAG does'not argue'that the Motion raises "an g' exceptionally grave issue" which could excuse untimely filing. Nor could he credibly make such an argument, given the undisputed fact that the state-sponsored, FCC-approved EBS network' covering ' the Seabrook EPZ could have an emergency message on the air within 8 minutes. Massachusetts Emergency Broadcast System Operational Plan at 2 (May 1988), Exhibit 1 to Affidavit of g' Robert Boulay Regarding the Voiding of the EBS Letters of Agreement (November 9, 1989) (hereinafter " Mass. EBS Plan").
- Applicants' Answer to Intervenors' Motion.to Admit a ,
Late-Filed Contention and Reopen the Record Based upon the Withdrawal of the Massachusetts E.B.S. Network and WCGY, at 3-8 g' L (November 15, 1989) (hereinafter " Applicants' Answer"). l Id. at 3-4. Id. at 4. SI L k
9 directed counsei ?or MAG to "(t]he EBS station that is g identified in'tbb SPMC."'3-Thus MAG could have raised the listening-audience issue proffered in the Motion long before November 9, 1989. And, g in fact, he did raise it (albeit not in-reference to any admitted contention). On May 2, 1989, Assistant' Attorney General Stephen Jonas cross-examined Applicants witnesses as g to what " percentage of the' population of the EPZ, how many people would be listening to that' station?",_and counsel for _.1 Applicants stipulated with MAG that "it's unlikely that even -{ i g a significant percentage of people will actually be listening to the stations that are the EBS stations at the time the balloon goes up." MAG then filed a proposed finding , I '3 Id. at 7 (emphasis added). MAG attempts-to claim, Motion at 4 n.2, that confusion arose from Assistant Attorney _ } General Jonas's reference, in his-May 2, 1989 cross-examination, to WLYT and WCGY. Sag 14. at 5. Of course, in the sane j examination the same counsel for MAG asserted ~that only WLYT was ' relied upon as an FM station, and the-witness being examined 9 stated that he needed to consult the unradacted documents to be sure what the actual stations were. Id. at 4, 6. It is interesting that, although. , Applicants reproduced this entire exchange in their November 15 -I g brief, MAG attaches to his Motion only a snippet of the exchange, specifically omitting the above-quoted stipulation. This = omission by MAG is important, because the stipulation binds MAG as well as Applicants to the position that "it's unlikely that-even a significant percentage of. people" would be listening to the stations relied upon by Applicants. If MAG did indeed g believe, at the time he agreed to this stipulation, that - Applicants relied on WCGY as well as WLYT and WHAV,-then MAG was agreeing that even the inclusion of WCGY did not give access to a significant listening public. Thus the loss of WCGY has no significance, and the present Motion must fail by virtue of MAG's prior stipulation. If, on the other hand, MAG believed that he 9 I l .
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i relying upon that. cross-examination: "(11mited number of EBS stations; Applicants stipulate.that it is unlikely that j l si,gnificant number of people will be tuned into the EBS ! l station when 'the balloon goes up.')"." Furthermore, on t June 28, 1989 Assistant Attorney General Pamela Talbot cross-examined Applicants' witness as to listening public and l-Arbitron ratings: i "Q. Well, isn't it a fact that EBS is only carried on local Essex County stations? Il "A. (Callendrello) The EBS station that is identified-in the SPMC'is located in Essex County. However,-I wouldn't call it a local Essex County station, it's a 50,000 watt FM station. Mr. Catapano can address the range. .But I know it has got a substantial range. .O I've picked it up probably 40 or 50 miles away, although he can talk about what the licensed range of that would be.
"Q. If he wants to, fine.
9:
"A. (Catapano), It is an area that extends well beyond the-emergency planning zone.
L "Q. Isn't it a fact though that the news releases are carried by big Boston radio. stations that have the ,S' largest listening public?
"A. (Callendrello) I don't know what the Arbitron ratings are for the various stations . . . .
Tr. 27893 -94. ej 1 was stipulating only to the audience of WLYT and WHAV, then-he 3 knew in May that WCGY was not relied upon. In either case, the i Motion simply cannot stand in the face of the stipulation entered l into by MAG on May 2, 1989. O i
" Massachusetts Attorney General's Proposed Findings-and Rulings of Law with Respect to Siren Issues, at 29 (June 12, l 1989). l 4
1 I 4 1
In light of the documents and testimony available to MAG, g and particularly in light of the litigatory uses made by MAG of that information in.May and June of 1989, it-strains credulity past the breaking point for MAG to contend that he g could not have offered this Motion until November 22. B. No Sianificant Safety Issue Exists. ; The contention proffered by the Motion,_which seeks to y litigate the " proportion of the population in the EPZ (that) listen (s) to (WHAV and WLYT),"17 does not raise any safety- _ issue, let alone a significant one. .Any best' efforts ' g response to a Seabrook emergency would, include activation by the Governor of the Massachusetts EBS network, which would have emergency messages on the air-waves within 8 minuteu.1s g WHAV and WLYT may be on the air even' sooner, thanks to c Applicants' direct link to them, but in,either case there is : I no question but that the 15-minute notification requirement i g can and would be met. That being so, no safety issue exists. i Indeed, even.if one accepts MAG's assertion that he could not have known of the issue until october.16-(see November I 9 Motion at 7 n.3), MAG has not shown good cause for the over five week delay in filing the Motion. gl. Public Service Comeanv of New Hameshire (Seabrook Station, Units l'and 2), LBP-89-4, 29 NRC 62, 70, aff'd, ALAB-918, 29 NRC 473 (1989). 17 g Motion at' Attachment A. 1s Mass. EBS Plan at 2. There can be no doubt that the i Governor would authorize' activation of the EBS system. Public ! Service comeany of New Hameshire (Seabrook Station, Units 1 and 2), LBP-89-8, 29 NRC 193 (1989). P
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Even if'the state-sponsored, FCC-approved EBS network were 3 somehow wished out of existence by MAG, moreover, the Motion qh l l would still fail to raise a significant safety issue with the t
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required affidavit _ support. What the normal listenership of WHAV and WLYT may be -- the subject of paragraphs 1-4 of the-g Kelsey Affidavit relied upon by MAG -- is immaterial. The y only possible safety issue would be (again, assuming the non- l existence of the' rest of the EBS network) how many' persons qg would hear the messages on WHAV and WLYT durina the emercency, with the sirens sounding, with reference to Applicants' pre-emergency'information (which on literally gy every page instructs the public to tune to those two stations)", and with televised and radio news releases . instructing them to tune to the two EBS stations. Even a q quick review of the curriculum vitae provided for attorney Kelsey reveals that he is in no way qualified as an expert in the emergency and human behavior fields central to that q{ issue.20
" Joint Stipulation Regarding Pre-Emergency Information Issues, ff. Tr. 28285, at 2, 3, 4. Having successfully insisted gg that Applicants make these changes to the pre-emergency information, MAG should now be estopped, by his.own stipulation, from claiming that_the pre-emergency.information would have no effect.- E g., Kansas Gas & Electric Comnany (Wolf Creek Generating Station,_ Unit 1),'LBP-84-26, 20 NRC 53, 58 n.2 (1984),
aff'd, ALAB-798, 21 NRC 357-(1985). Jg 20 Moreover, putting aside the fact that attorney Kelsey has no qualifications to render the opinions contained in ; paragraph 5 of the affidavit written for him.by MAG (sta Motion at 6), those opinions are hedged and speculative -- g g., "it is G w - y
C. There Has Been No Showina That a Different Result'Would. Be Likelv. I ALAB-911 makes clear beyond peradventure that a dif ferent result -- 123., denial.of a license -- could not result, even ; if all of MAG's unsupported assertions were true, and even if together they met the substantive and procedural requireuents for admission. Moreover, MAG again offers no' affidavit support for his assertions as to this requiremant of.10 , P i C.F.R. i 2.734(a).. ' D. The Five-Factor Test Weichs Aaainst Admission of the New " Basis", p As MAG concedes,21 the Motion must meet the five-factor test of 10 C.F.R. 5 2.714 (a) (1) . As discussed in Section II.A above, there-is no good cause for the extreme lateness l p in filing the Motion, hence the first factor weighs against admission. Moreover, having " fail (ed) to demonstrate. good cause for not filing the contention in a more timely fashion, 1 P conceivable" -- and do not indicate that Kelsey was even aware of ! the existence of the pre-emergency 1information prepared by . stipulation with MAG, or of the news releases..
) Nor is MAG's argument saved by his citation out of context.
to, and mischaracterization of, the testimony of Dr. Mileti, j Motion at 14. MAG again carefully failed to cite to Dr. Mileti's testimony which' gag on point, to the effect that Applicants' plan was designed to encourage persons to tune to those EBS stations, through use of news ~ releases and other means. -Tr. 27894-96. , 2' Motion at 3. Although MAG has at least twice before raised questions concerning EBS radio listening audiences, gag. pages 7-8 supra, he has not done so in the context.of a then- l admitted contention, and thus the requirements of 10 C.F.R. , 9 2.734(d) and 5 2.714 (a) (1) apply.
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(MAG) must make a comoellina showing on the other four ] f actors . "22 This MAG has not done. g
- As usual it must be conceded that the second and fourth u
factors favor the Movants, but these are the less weighty f actors . 23 With respect to the third factor: Commission g
" case law establishes both the importance of the third factor. j in the evaluation of late-filed contentions and the necessity 1 of the moving party to demonstrate that it'has special gi expertise on the subjects which it seeks to raise'. (Citation omitted.) The Appeal Board has said: 'When a petition addresses this criterion it should set-out with as much- - g/
particularity as possible the precise issues-it plans to cover, identify its prospective witnesses, and summarize their proposed testimony' ."24 On a cursory look, the Motion qg might be viewed as having complied with the requirements of 22 Public Service Comeany of New Hamoshire (Seabrook qg l Station, Units 1 and 2), ALAB-918, 29 NRC 473, 484_(1989) l (emphasis in original); maa Alag virainia-Electric & Power Co. ! (North Anna Station, Units 1 and 2), ALAB-289, 2 NRC 395, 398 (1975). U Commonwealth Edison Comoany (Braidwood Nuclear Power qg Station, Units 1 and 2), CLI-86-8, 23LNRC 241, 245 (1986); South Carolina Electric and Gas Comeany - (Virgil C. Summer Nuclear: Station, Unit 1), ALAB-642, 13 NRC~881, 895 (1981). 24 Commonwealth Edison Comeany (Braidwood' Nuclear Power Station,' Units 1 and 2), CLI-86-8, 23 NRC 241, 246 (1986), citino g with aceroval, Mississinei-Power and Licht Co. (Grand Gulf Nuclear Station, Units 1 and 2), ALAB-704, 16-NRC 1725, 1730 (1982). Accord, Public Service Comeany of New Hameshire (Seabrook Station, Units 1 and 2), ALAB-918- 29 NRC 473, 483-84 , (1989). D' i h
r . ) the; third criterion; but, on close inspection, it has not. ' The sole affiant offered by MAG has-no expertise in the areas 7 of human behavior and radio listenership during emergencies, the issues on which the Motion seeks a hearing. Thus the g Motion provides no demonstration that MAG would assist in the development of.a sound record. As to the fifth factor, there can be no doubt that. p granting the Motion would produce substantial delay.in the final-conclusion of these proceedings. Hence, factors one, i three, and five weigh against admission of the new " basis",2s p and the Motion should fall on those grounds as well. CONCLUSION ' For each of.the reasons stated above, the Motion should be denied. Respectfully submitted, I k +- Thomas G. Dignan, Jr. George H. Lewald Jeffrey P. Trout i Jay Bradford Smith , Geoffrey C. Cook ! I William L. Parker Ropes & Gray one International Place Boston, MA 02110-2624 (617) 951-7000
) 25 Moreover, even if the Motion were timely filed, MAG's failure to carry the third and fifth factors should, in this case, be fatal. Public Service Comnany of New Hamnshire (Seabrook Station, Units 1 and 2) , .LBP-89-3, 29 NRC 51, 5 9 ',
aff'd, ALAB-915, 29 NRC 427 (1989). j q l
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%I CERTIFICATE OF SERVICE l
! I, Jeffrey P. Trout, one of the attorneys for the Applicants l herein, hereby certify that on December 2, 1989, I made service of the within document by depositing copies thereof with Federal Express, prepaid, for delivery.to (or, where indicated, by =II depositing in the United States mail, first class postage paid, addressed to): 1 Administrative Judge Ivan W. Smith Adjudicatory File Chairman, Atomic Safety and Atomic Safety and Licensing O,j Licensing Board Board Panel Docket (2.copiesi U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission 1 East West Towers Building East. West Towers Building l 4350 East West Highway 4350 East West Highway l Bethesda,' MD 20814 Bethesda, MD 20814 Administrative Judge Richard F. Cole Robert R. Pierce,. Esquire , Atomic Safety and Licensing Board Atomic-Safety and Licensing U.S. Nuclear Regulatory Commission Board. , East West Towers Building U.S. Nuclear Regulatory i 4350 East West Highway Commission II, Bethesda, MD 20814 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Administrative Judge Kenneth A. Mitzi A. Young,' Esquire McCollom Edwin J. Reis, Esquire-1107 West Knapp Street Office of the General Counsel O. Stillwater, OK 74075 U.S. Nuclear Regulatory Commission , One White Flint' North, 15th Fl. I 11555 Rockville Pike-Rockville, MD 20852 q John P. Arr.old, Esquire Diane Curran, Esquire Attorney General Andrea C. Ferster, Esquire George Dana Bisbee, Esquire Harmon, Curran & Tousley Assistant Attorney General Suite 430 Office of the Attorney General 2001 S Street, N.W. Washington, DC 20009 Ol, 25 Capitol Street Concord, NH 03301-6397 ]
- Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board 116-Lowell Street U.S. Nuclear Regulatory P. O. Box 516 Manchester, NH 03105 .O Commission Washington, DC 20555 l
1 w ,e - - l
g . Philip Ahrens, Esquire Mr. J. P. Nadeau ") Assistant Attorney General Selectman's Office Department of the Attorney 10 Central Road i General Rye, NH 03870 I Augusta, ME 04333 l Paul McEachern, Esquire John Traficonte, Esquire gp Shaines & McEachern Assistant Attorney-General 25 Maplewood Avenue Department of the Attorney a P.O. Box 360 General Portsmouth, NH 03801 One Ashburton Place,-19th Fl. Boston, MA 02308 gp Chairman Mr. Calvin A. Canney Board of Selectmen City Manager 95 Amesbury Road City Hall ~ Kensington, NH 03833 126 Daniel Street ' Portsmouth, NH 03801 j g
- Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire U.S. Senate Lagoulis, Hill-Whilton & 1 Washington, DC 20510 Rotondi i (Attn: Tom Burack) 79 State Street 1 Newburyport, MA 01950 g
- Senator Gordon J. Humphrey Bsrbara J. Saint Andre, Esquir One Eagle Square, Suite 507 Kopelman and Paige, P.C.
Concord, NH 03301 77 Franklin Street (Attn: Herb Boynton) Boston, MA 02110 Mr. Thomas F. Powers, III Mr. William S. Lord g Town Manager Board of Selectmen Town of Exeter- Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Judith H. Mizner, Esquire g Office of General Counsel 79 State Street, 2nd Floor-Federal Emergency Management Newburyport, MA 01950 Agency 500 C' Street, S.W. Washington, DC 20472 P Gary W. Holmes, Esquire Richard A. Hampe, Esquire. Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street ; Hampton, NH 03842 Concord, NH 03301
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l Mr. Ri' chard R. Donovan l Federal Emergency Management q Agency Federal Regional Center j 130 228th Street, S.W. Bothell, Washington 98021-9796 Ashod N. Amirian, Esquire
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145 South Main Street - P.O. Box 38 Bradford, MA 01835 I O p . . U *M f*f.'f' ,,
'Jef frey P. Trout
(*= Ordinary U.S. First Class Mail) q 4 f l S l h l l 0 l
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" 'IfNITED STATES OF AMERICA @
NUCLEAR REGULATORY COMMISSION - 4 # + 0 ATOMIC SAFETY'AND LICENSING APPEAL BC
= # 9 L 5 y E.B - 2 W C Before Administrative Judges: oj_ gpa g SERVICE BRAN i G. Paul Bollwerk III, Chairman (;; secV8C Alan S..Rosenthal 9 '
l lO Howard A. Wilber ,'Di . r3 L
)
- In the Matter of ) Docket Nos. 50-443-OL
) 50-444-OL O. PUBLIC SERVICE COMPANY ). -
l0F NEW HAMPSHIRE, ET AL. ) 4 l
)
l I (Seabrook Station, Units 1 and 2) ) February 1, 1990
)
O CERTIFICATE OF SERG;E . p I, Leslie B. Greer, hereby certify'that on February 1 1990, O I made service of the enclosed MASS AG'S MOTION TO REOPEN THE j ! RECORD via Federal Express as indicated by (*), and by first class mail to: O Ivan W. Smith, Chairman Kenneth A. McCollom Atomic Safety & Licensing Board 1107 W. Knapp St. U.S. Nuclear Regulatory Commission, Stillwater, OK 74075 East West Towers Building 4350 East West Highway !O Bethesda, M 20814 Dr. Richard F. Cole Robert R. Pierce, Esq. Atomic Safety &' Licensing Board Atomic Safety & Licensing _ Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission-East West Towers Building East West Towers-Building 10 l 435 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 i
- O
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. -~ - - -
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- Docketing-and Service
- Thomas G. Dignan, Jr.
U.S. Nuclear Regulatory Commission Ropes & Gray Washington, DC 20555 One International Place O B st n, MA 2110
*Mitzi A. Young, Esq. Phillip Ahrens, Esq.
Edwin J. Reis, Esq. Assistant Attorney General U.S. Nuclear Regulatory Commission Department of the Attorney General-Office of the General Counsel Augusta, ME 04333 1 11555 Rockville Pike, 15th Floor ]0 Rockville, MD 20852 H. Joseph Flynn, Esq. Atomic Safety & Licensing Assistant General Counsel Appeal Board. Office of General Counsel U.S. Nuclear Regulatory Commission g Federal Emergency Management Washington, DC 20555 Agency 500 C Street, S.W. Washington, DC 20472 Robert A. Backus, Esq. Atomic Safety & Licensing Board g Backus, Meyer & Solomon U.S. Nuclear Regulatory Commission 116 Lowell Street Washington, DC 20555 P.O. Box 516 Manchester, NH 03106 Jane Doughty Diane Curran, Esq. I g Seacoast Anti-Pollution League Harmon, curran & Towsley Five Market Street Suite 430 Portsmouth, NH 03801 2001 S Street,-N.W. Washington, DC 20008 l Barbara St. Andre, Esq. Judith'Mizner, Esq. O Kopelman & Paige, P.C. 79 State-Street j 77 Franklin Street Second Floor Boston, MA 02110 Newburyport, MA 01950 Charles P. Graham, Esq. R. Scott Hill-Whilton, Esq. Murphy & Graham Lagoulis, Hill-Whilton & Rotondi 33 Low Street 79 State Street f Newburyport, MA 01950 Newburyport, MA 01950 Ashod N. Amirian, Esq. Senator Gordon J. Humphrey ' 145 South Main Street U.S. Senate P.O. Box 38 Washington, DC 20510 ' g Bradford, MA 01835 (Attn: Tom Burack) Senator Gordon J. Humphrey John P. Arnold, Attorney General
; One Eagle Square, Suite 507 Office of the Attorney General' q- Concord, NH 03301 25 Capitol Street (Attn: Herb Boynton) Concord, NH 03301 ;
D y \ {
lO-l. Paul McEachern, Esq. Shaines & McEachern 25 Maplewood Avenue, PO Box 360 C). Portsmouth, NH 03801
*G. Paul Bollwerk, Chairman
- Alan S. Rosenthal-Atomic Safety & Licensing Atomic Safety & Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear. Regulatory Commission
[) . Washington, D.C. 10555 Washington, D.C. 10555 l
*Howard A. Wilber Jack Dolan Atomic Safety & Licensing Federal Emergency Management Agency Appeal Board Region 1 U.S. Nuclear Regulatory Commission J.W. McCormack' Post Office &
g Washington, D.C. 10555 Courthouse Building,. Room 442 Boston, MA 02109 { George Iverson, Director l N.H. Office of Emergency Management i J State House Office Park South g 107 Pleasant Street j ' Concord, NH 03301 9 i Respectfully submitted, i JAMES M. SHANNON g ATTORNEY GENERAL i
. M JA Leslie B. Greer '
Assistant Attorney General g Department of the Attorney General l l One Ashburton Place Boston, MA 02108 i (617) 727-2200 Dated: February 1, 1990 l e 4 1
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