ML20006F416
| ML20006F416 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/16/1990 |
| From: | Flynn H, Mcpheters L Federal Emergency Management Agency |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| Shared Package | |
| ML20006F409 | List: |
| References | |
| NUDOCS 9002280008 | |
| Download: ML20006F416 (10) | |
Text
-
y: ]c-Jy February 16, 1990 m
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC. SAFETY AND LICENSING APPEAL BOARD r
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Before Administrative Judges:
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G.-Paul Bollwerk III, Chairman
~
Alan S. Rosenthal
[
Howard A. Wilber
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l.
)
F In the Matter of
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PUBLIC SERVICE COMPANY
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Docket Nos. 50-443-OL 0F NEW HAMPSHIRE, et al.
)
50-444-OL j
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Seabrook Station, Units 1 and 2
)
)
RESPONSE OF THE FEDERAL EMERGENCY MANAGEMENT.' AGENCY
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p TO EMERGENCY MOTION OF THE INTERVENORS TO REOPEN THE RECORD LP AS TO THE NEED FOR SHELTERING IN CERTAIN CIRCUMSTANCES o
The Federal Emergency Management Agency (FEMA), through its undersigned counsel, respectfully _ submits the following response
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to that -portion - of the Intervenor's ' Emergency Motion, dated February 6, 1990, seeking to reopen the record-on the New Hampshire
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Radiological Emergency Response Plan - (NHRERP) as to the need-for sheltering:in certain circumstances.
I.
Introduction FEMA believes that it can assist the Board and the parties by clarifying what the NHRERP provides regarding shelter for the New~
- Hampshire-beach. population within the Seabrook EPZ.
The o
Intervenors state, incorrectly, that on February 1, 1990, for the t
first time, the Applicant disclosed that plan changes in October 1988 eliminated. sheltering as an option for the general beach 1
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February 16, 1990 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 6
b ATOMIC SAFETY AND LICENSING APPEAL BOARD
- [
V y
[
Before Administrative Judges:
h I'
G.
Paul Bollwerk III, Chairman I
Alan S. Rosenthal Howard A. Wilber c4 g
)
/
\\\\
U In the Matter of
)
PUBLIC SERVICE COMPANY
)
Docket Nos. 50-443-OL OF NEW HAMPSHIRE, et al.
)
50-444-OL
)
Seabrook Station, Units 1 and 2
)
__)
r
. RESPONSE OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO EMERGENCY MOTION OF THE INTERVENORS TO REOPEN THE RECORD AS TO THE NEED FOR SHELTERING IN CERTAIN CIRCUMSTANCES The Federal Emergency Management Agency (FEMA), through its undersigned counsel, respectfully submits the following response to that portion of the Intervenor's Emergency Motion, dated February 6, 1990, seeking to reopen the record on the New Hampshire Radiological Emergency _ Response Plan (NHRERP) as to the need for sheltering in certain circumstances.
I.
Introduction FEMA believes that it can assist the Board and the parties by clarifying.What the NHRERP provides regarding shelter for the New Hampshire. beach population within the Seabrook EPZ.
The Intervenors state, incorrectly, that on February 1, 1990, for the first time, the Applicant disclosed that plan changes in October 1988 eliminated sheltering as an option for the general beach 1
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v l population-(see Intervenor!s Emergency Motion, p. 12).
In fact, l
h the " shelter-in-place" concept of NHRERP has since at' least b
1988 called for the transient beach population to February 11, E
. evacuate and for the people indoors to remain indoors.
As will L
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- be-demonstrated in the following discussion and analysis, the j
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'Intervenor's motion inaccurately characterizes the NHRERP, the history of the litigation regarding the NHRERP, an4 FEMA's review h
!and evaluation of the NHRERP.
II.
The Definition of " Shelter-in-Place" in the NHRERP The concept of " shelter-in-place," which is the only provision E
regarding-shelter in the NHRERP, is precisely defined in the current revision of the NHRERP as follows:
p l4 New Hampshire employs the-
" Shelter-in-Place" concept.
This concept provides. for sheltering at' the
, location in which the sheltering instruction is received.
[
Those at home are to shelter at home; those at work or school are to.be sheltered in the workplace or school building. : Transients located indoors or in private homes E
will' be asked to shelter - at ' the locations they are -
visiting if this is feasible.
Transients without access to an indoor location will be advised to evacuate as auickly as possible in their own vehicles (i.e.,
the vehicles in which thev arrived).-
Departing ~ transients.
will be advised to close the windows in their vehicles and' use recirculating air until they have cleared' the area - subjected to radiation.-
The large number of transients present in the beach area within two miles of r
- Seabrook Station during the peak summer months increases
(
F the possibility of some transient population without L'
ready access to their-own-'
private souace of
[-
transportation.
While. it is most likely that this population segment will seek transportation with other e
individuals departing the beach-
- area, these e
h transportation-dependent transients will be accommodated-
_in temporary public. shelters located in the beach area s
until state-provided transportation resources arrive.
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NHRERP, Vol.1/Rev. 3 (2/90), p. 2.6-8 (emphasis added).
-This definition of " shelter-in-place" is the same as the 2
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' definition in' Revision.2 '(October 1988) of tho NHRERP, which-is consistent with the pinn in effect at the time of the 1988 hearings
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before the. Atomic Safety and Licensing Board on the NHRERP.
The October 1988 plan stated:
employs. the
" Shelter-in-Place" concept.
This concept provides for sheltering at the location in which the sheltering instruction is received, j
k
'Those at home are to shelter at home; those_at work or
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F school are ' to be ' sheltered in the workplace or school' building... Transients located indoors'or in private homes will - be asked. to shelter - at: the.. locations they are i
. visiting if this is feasible.
Transients without access to'an~ indoor-location will be advised to evacuate as cuickly as possible - in their own vehicles (i.e.,
the ~
vehicles in which they arrived).
Departing transients will be= advised to close the windows in.their vehicles and use recirculating air until they have cleared ~ the
.aren ' subject to radiation.
The large number of l
F
. transients present in the beach area within 2 miles of i
Seabrook Station during the peak summer months increases the possibility of having some transient population without ready access to their own private source of ls transportation.
While it is most likely.that this o
r population. segment will seek transportation with other
- individuals
. departing the beach
- area, these i
F
- transportation-dependent transients will be accommodated L
'in temporary public shelters located in the beach area until State-provided transportation resources arrive.
t.,
NHRERP, Rev. 2 (10/88), Vol. 1, p. 2.6-6 (emphasis added).
t This same " shelter-in-place" concept'was presented-to the= Atomic
' Safety and Licensing Board in Applicant's Direct Testimony No.
6,.
Appendix.1, received into the record of the Atomic Safety and-y Licensing-Board hearing, May-2, 1988, and' bound into the record following Transcript, p.
10022.
Appendix 1 is a letter dated-i February 11,'1988, from Richard H. Strome, Director, State of New
_,y 4
Hampshire Office of Emergency Management, to FEMA Region I',
setting.
-forth the State's " shelter-in-place" concept as follows:
"New Hampshire employs the ' Shelter-in-Place
- concept.
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This' provides for' sheltering at the location in which the sheltering-instructionLis received.
Those at:home are W_
toishelter at home;'those=at work or school are to bc shelteredt - in.
the- :workplace _ or school building.
Transients-located indoors.orLin private, homes will be.
l asked to shelter at the locations theylare visiting if this is feasible.. - Transients without access to an indqqr location ~ vill be advised to evacuate as cuickly as.
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nossible in-their own vehicles fi.e..
the vehicles in.
.- w h i c h - t h e y arrived).-
Departing transients will be
. advised.to close-the windows of their. vehicles and.use recirculating air' until they havel cleared.the area
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, subj ect,: toi radiation.. If necessary,. transients,without-I p
' transportation may seek -directions to;a; nearby public; f
building.from local emergency' workers. -(NHRERP Vol.-1,_
p
- p. 2 ; 6-6 ),".
Isl4., : Applicants Direct Testimony No.
6, April'15,-1988, Appendix.
1, pageL41(emphasis added).
I FEMA in its June 10, 1988 testimony concluded that the
)
shelter-in-place ' concept described.in the February 11,-
1988 New h
. Hampshire response was adequate ~in concept, and that implementing:
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' detail would be necessary.'
The-then current plan did not contain'
~
_ any-information.on which buildings would be used:for the temporary
,N sheltering of transients without transportation, nor did it contain j
L an Emergency' Broadcast System (EBS) message to -inform those y
transients without transportation to go to the public buildings and C
a tawait evacuation;assistancs, as discussed on page 8 of Enclosure-e p
1f of = the ' February 11, 1988 State-response, Applicant's Direct-
' Testimony No.16,! April 15, 1988, App.
1, p. 10 of'47.
Revision 2 _(10/88) and Revision 3 (2/90) of the. NHRERP; y
' Amended Testimony of William R. Cumming and Joseph H. Keller-F
'on-Behalf.of the Federal Emergency Management Agency.on
.i
- Sheltering / Beach Population Issues, June 10, '1988, pp.
11-12, F
'a'dmitted into hearing record on June 16, 1988, transcript following--
d p._13968.
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designate the buildings. to which the - transient beach population -
without l transportation would be directed for temporary shelter while wa'iting'for_ evacuation busses.
These revisions also provide
-the required EBS messages.
FEMA-has found both Revision 2 and
. Revision 3 of. the NHRERP. to be fully adequate with regard to F:
implementing. detail.2 4
To emphasize the point, other than the " shelter-in-placo"
' concept described above, there has never been provision for shelter in the NHRERP under any circumstances for any segment of the population.
When-" shelter-in place" is the recommended protective action, transients without access to an indoor location (e.g.,La r
private residence, beach cottage, or hotel room) would be directed.
to - evacuate in-their own vehicles.
Those transients' without transportation would be-directed to pre-designated temporary is shelter locations while waiting for busses to evacuate them. There 1
is no provision.or instruction in the NHRERP for the transient i
beach. population to attempt to find a nearby ~ building and enter it, s
nor is there any reliance in the NHRERP on the Stone and Webster
-survey;to identify.potentially available shelters.3 2FEMA, Review and Evaluation of the State of New Hamoshire Radiolocical Emeroency Resconse Plan for Seabrook Station (12/88),
. Letter, Peterson'to Stello (12/14/88), App. Ex. 43A; FEMA, Review cand Evaluation of the State of New Hamoshire Radiolocical Emercency Response Plan for Seabrook Station, Februarf 1990, transmitted-to.
n the-Nuclear Regulatory Commission on February 9,1990 and: submitted
- for the record in these proceedings through FEMA's Notice of Filingi on February 9, 1990.
3
.. In this respect, IEMA must disagree with the statement to the I
contrary;made.in Applicant's submission before the Licensing Board of February 1,
1990, at pp.
11-12.
FEMA understands that ' the
-Applicant' intends to withdraw'this statement.
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- 'III.-
Conclusion 4
The above' analysis 'of the record. demonstrates that - the
+
I Intervenors are incorrect'in stating that on February 1,.1990, for
. o:.the.first. time, the Applicants stated that plan changes in October
~1988' eliminated sheltering as an option for: the ' general' beach y
population. In_ fact,'the " shelter-in-place" concept was presented by.the-Applicants and~thelState of New Hampshire to the Licensing-y'
. Board in pre-filed. testimony on April 15, 1988, and was a part of I'
the'NHRERP at.least since February 11, 1988.
As noted'above',.the
" shelter-in-place" concept provides for' the transient f
banchpopulation to-evacuate and the ' people _ indoors.to remain p,
indoors.
ff In light of the. record in these proceedings as outlined above,
!1 in FEMA's view, there is no justification for. reopening _ of.- the
\\
hearing record on account of_ newly available evidence.
- Respectfully submitted, H. Joseph Flynn 0u Federal Emergency __ Management Agency 500 C Street, S.W.
Room 840:
Washington,-D.C.'20472 (202) 646-4102 NC Linda Huber McPheters-Federal + Emergency Management Agency 500 C Street',
S.W.
Room 840-Washington,.D.C. 20472 (202) 646-3_941 y
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Backus, Esq. Paul McEachern, Esq. Backus, Meyer & Solomon-Shaines & McEachern 116 Lowell-Street 25 Maplewood Avenue, P.O. Box 360 ( Machester, Nil 03106-Portsmouth, Nil 03801 Gary W llolmes, Esq. Judith A. Mizner Ilolmes & Ellis - Counsel for Newburyport L 47 Winnacunnet Road 79 State Street t flampton, NH 03842 Newburyport, MA 01950 Barbara J. Saint Andre, Esq. Jane Doherty Kopelman and Paige, P.C. Seacoart Anti-Pollution League I 77-Franklin Street 3 Market Street Boston, MA 02110 Portsmouth, NH 03801 Ashod N. Amirian, Esq. Jack Dolan t -145' South Main St., P.O. Box 38 Federal Emergency Management Agency Bradford, MA 01830 442 J.W. McCormack (POCH) p Boston, MA 02109 George D. Bisbee, Esq.' - Suzanne Breiseth Assistant Attorney General Board of Selectmen . Office of the Attorney General Town of flampton Falls 25 Capitol Street Drinkwater Road m Concord, Nil 03301 llampton Falls, Nil 03844 John Traficonte, Esq. [ 4 Chief, Nuclear Safety Unit Office of the Attorney General One.Ashburton Place, 19th floor 1 p Boston-MA 02108 -l Peter J. Brann, Esq. Richard A. llampe, Esq. .i Assistant Attorney General llampe & McNicholas Office of the Attorney General 35 Pleasant Street State llouse Station,-#6 Concord, Nil 03301 1-j J ' Certificate of-Service, February 9, 1990, p.2. J 1 7 v su pr h b Allen Lampert William Armstrong Civil Defense Director Civil Defense Director a Town of Brentwood Town of Exeter 20 Franklin Street 10 Front Street L Exeter, Nil 03833 Exeter, Nil 03833 Sandra Gavutis, Chairman Calvin A. Canney Board of Selectmen City Manager E RFD #1 - Box 1154 City llall Kensington, N1103827 126 Daniel Street Portsmouth, in! 03801 Anne Goodman, Chairman William S. Lord i r Board of Selectmen Board of Selectmen 13-15 Newmarket Road Town llall - Friend Street r Durham, N1103824 Amesbury, MA 01913 Michael Santosuosso R. Scott lilll-Whilton, Esq. Board of Selectmen Lagoulis, liill-Whilton & McGuire South flampton, Nil 03827 79 State Street Newburyport, MA 01950 Stanley W. Knowles, Chairman Norman C. Katner Board of Selectmen Superintendent of Schools P.O. Box 710 School Administrative Unit No. 21 North flampton, IAI 03862 Alumni Drive llampton, tal 03842 Sandra F. Mitchell The !!onorable Civil Defense Director Gordon J. Ilumphrey Town of Kensington ATTN Janet Colt Box 10 RR1 United States Senate East Kingston, tal 03827 Washington, D.C. 20510 M%McPA LINDA IlUBER MCPl!ETERS Federal Paergency Management Agency 500 C Street, S.W., Room 840 Washington, D.C. 20472 (202) 646-3941 Dated: February 16, 1990 Certificate of Service, February 9, 1990, p.3. L \\n