ML20043C304

Licensee Memorandum in Response to Notice of Prehearing Conference.* Licensee Will Support Position Taken by State of Nh as to Extent of Addl Implementing Detail Which Should Be Adopted.Certificate of Svc Encl

ML20043C304
Person / Time
Site:	Seabrook
Issue date:	05/29/1990
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
CON-#290-10402 LBP-90-12, OL, NUDOCS 9006050033
Download: ML20043C304 (9)

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May T9, 1990 UNITED STATES OF AMERICA NUCLEAR REGUIATORY COMMISSION '90 ISY 30 P4 :21 before the. inigt p qcrapy 00CKrn% 4 'ils vitt ATOMIC SAFETY AND LICENSING BOARD NM l

In the Matter of

, , PUBLIC SERVICE COMPANY Docket Nos. 50-443-OL OF NEW HAMPSHIRE, 31 11 50-444-OL (Seabrook Station, Units 1 (Offsite Emergency and 2)

Planning Issues) l LICENSEES' MEMORANDUM IN RESPONSE TO NOTICE OF PREHEARING CONFERENCE l 'Under date of May 4, 1990, this Board issued a " Notice of Prehearing Conference" (Notice). The prehearing conference has been called with reference to certain issues still pending before the Board, which the Board has described as:

"(1) time estimates for preparing non-ambulatory patients on advanced life support systems in the Seabrook emergency planning zone for evacuation and (2) shelter for visitors to the Seabrook area beaches when, in the face of a prognosis of decreasing ability to mitigate a radiological emergency at the Seabrook Station, evacuation of the beach visitors is not possible because of physical impediments to evacu highway conditions."ption such as weather and 5'

' Notice at 1-2.

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e' f- 'This-Board further stated that the purpose of the prehearing -

confcrence noticed was:  ;

i "to consider further identification of the -

issues in the proceeding; to consider methods by which the issues should be resolved; to set a schedule for resolving the issues; and to resolve any other propedural matter '

i relevant to the issues."

In addition this Board directed that each party intending to P

participate in the prehearing conference:

i "shall have in the hands of the Licensing  ;

Board and other parties, no later than May 30, 1990, a memorandum not to exceed 15 pages containing their respective advice on how the issues should be resolved and how that party intends to par theseissues."picipateintheresolutionof l This memorandum constitutes the licensees' response to the above _

e quoted direction.

The AL8 Issue.

In its recent Me,-- .idum and Order (Ruling on Certain

• Remanded and Referred Isuaes), Public Service ComDany of New Hamnshira (Seabrook Station, Units 1 and 2) , LBP-90-12, 31 NRC .

(May 4, 1990), this Board listed as the issues to be resolved with respect to the transportation of advanced life support (ALS) patients (the "ALS issues") , the following:

(1) How long does it take to efficiently prepare an ALS patient for transportation?

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r 2 Notice at 2.

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(2) Would preparation of patients at an early initiating  !

condition, ttg., declaration of an alert, or.at an i

. order to evacuate, be medically appropriate?  !

r 1 (3) How many ALS patients are there in the EPZ? Where are -l the ALS patients? Only at Exeter and Portsmouth ,

Hospitals?  !

(4)' Would uncertainties in the times available to prepare ALs patients for evacuation produce ETEs that are too ,

inaccurate to be useful in the selection of protective action options?' l The Licensees believe that each of these questions, being rather narrow questions of fact, and the ALS issue as a whole are f readily susceptible of summary disposition. We believe that even if one assumed a loading time for ALS patients conservatively well in excess of the time that Witness Pilot testified to, the ETEs for the f acilities at which there are ALS' patients, would be l.

within the envelope of the ETE for the region involved as a [

i whole. In addition, a change to the hospital' plans will be proposed to the hospitals that would recommend the commencement of preparation of ALS patients to the extent practicable at the order to evacuate, assuming that the individual doctor involved  ;

concurred in the evacuation decision. Finally, we believe that, for a number of reasons, predetermined ETEs for ALS patients simply are n'ot useful in selecting protective action options.

None of these matters appear to the Licensee to require a hearing  ;

l for proper resolution, but, in any event the institution of a 1

[ summary disposition proceeding would reveal the material facts in L

dispute, if any, in an orderly manner.

'LBP-90-12, slip op, at 23.

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Therefore, with respect to the ALS issues, the Licensees will be taking the position at the.prehearing conference that a i '

schedule should be set by the Board for the filing of a summary i r

disposition ~ motion and responses thereto, with a view to resolving that matter. ,

i The Shelter Issue f

The sheltering issue referenced in the Notice is-the issue of what implementing detail,is necessary, assuming the State continues to include a sheltering option in the NHRERP in the event that evacuation of the beach population is physically ,

impeded. With respect to this issue, the Licensees are unable to  :

formulate a final position in the absence of a response from the Appeal Board to the request for advice with respect to this issue

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made by this Board.' This is so because of the following l

As of this writing, it is our snderstanding that the State '

of New Hampshire and FEMA will both advise the Appeal Board in essence that this Board's understanding with respect to the shelter issue is correct, and that in the judgement of both the State and FEMA there is no need for any further implementing l

L detail with respect to shelter of the beach population beyond ,

l 3 L that already in NHRERP. This being the rise, the need for

. s further proceedings comes down, in the first instance, to a question of how the Appeal Board responds to this Board's first 3

LBP-90-12, Slip op, at 53-55.

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request for advice made in LBP-90-12. This Board's question is: I "If the Appeal Board agrees with-our view that actual sheltering of the general beach  :

population is a vanishingly improbable 1 protective action choice under the NHRERP, '

must we continue to press the State of New Hampshire either to renounce that choice or '

to amend the NHRERP to include implementing detail for some type of sheltering."' .

'If the Appeal Board's answer to that question is'that (a) it f f

agrees with the premise of the question, and (b) that in light of l that agreement, the State need no longer be " pressed," then that eliminates the need for any further proceedings with respect to-the shelter issue alluded to in the Notice. Thus, absent a definitive answer to that specific question by the Appeal Board, it will be the Licensees' position at the prehearing conference, that the~ setting of procedures for the resolution of the shelter -

issue must await the Appeal Board's response to this Board's I first request for advice.#

In the event that additional implementing detail is still -

required, Licensees will support the position taken by the State of New Hampshita as to the extent _of additional implementing  ;

detail which should be adopted This position is obviously 3

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6 LBP-90-12, Slip op. at 53-54.  !

I In the event that the Appeal Board does not concur with the

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views of the State and FEMA on this matter, it may well be that the views of the Commission should also be solicited prior to the undertaking of further proceedings before this Board.

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> dictated by virtue of the fact that the' plan, in the last analysis, is New Hampshire's, not.the Licensees'.

Respectfully submitted, p.. $W

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Thomas G. Digpah, Jr.

George H. LeWald Kathryn A. Selleck Jeffrey P. Trout-Ropes & Gray

. One International Place Boston, MA 02110-2624 (617) 951-7000 Counsel for Licensees 9

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00hti[0 usNkc CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr., one of the attorneys f h M % / ['

i. Licensees herein, hereby certify that on May 29, 1990, k m4S$CH li service of the within document by depositing copies thereof with Federal Express, prepaid, for delivery to (or, where indicated, by depositing in the United States mail, first class postage paid, addressed to):

c Administrative Judge Ivan W. Smith Adjudicatory File Chairman, Atomic Safety and Atomic Safety and Licensing

! 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 4350 East West Highway 4350 East West Highway 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 L East West Towers Building U.S. Nuclear Regulatory L 4350 East West Highway Commission Bethesda, MD 20814 East West Towers Building

, 4350 East West Highway l Bethesda, MD 20814 Administrative Judge Kenneth A. Mitzi A. Young, Esquire McCollom Edwin J. Reis, Esquire I

1107 West Knapp Street Office of the' General Counsel l

Stillwater, OK 74075 U.S. Nuclear Regulatory Commission L One White Flint North, 15th Fl.

11555 Rockville Pike Rockville, MD 20852 George Dana Bisbee, Esquire Diane Curran, Esquire Associate Attorney General Andrea C. Perster, Esquire Office of the Attorney General Harmon, Curran & Tousley 25 Capitol Street Suite 430 Concord, NH 03301-6397 2001 S Street, N.W.

Washington, DC 20009

• Atomic Safety and Licensing Robert A. Backus, Esquire L Appeal Panel 116 Lowell Street  :

U.S. Nuclear Regulatory P. O. Box 516 Commission Manchestor, NH 03105 Mail Stop EWW-529 Washington, DC 20555 i i

l i

V Philip Ahrens, Esquire Suzanne P. Egan, City Solicitor ,

t Assistant Attorney General Lagoulis, Hill-Whilton & i Department of the Attorney Rotondi  ;

General 79 State Street i Augusta, ME 04333 Newburyport, MA 01950 f Paul,McEachern, Esquire John Traficonte, Esquire Shaines & McEachern Assistant Attorney General  !

'25 Maplewood Avenue Department of the Attorney ,

P.O. Box 360 General l- Portsmouth, NH 03801 One Ashburton Place, 19th Fl.

Boston, MA 02108 i

• Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire U.S.' Senate Lagoulis, Hill-Whilton & i Washington, DC 20510 Rotondi (Attnt ' Tom Burack) 79 State Street Newburyport, MA 01950

• Senator Gordon J. Humphrey Barbara J. Saint Andre, Esquire !

One Eagle Square, Suite 507 Kopelman and Paige, P.C.

Concord, NH 03301 101 Arch Street

.(Attn Herb Boynton) Boston, MA 02110 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 Gary W. Holmes, Esquire Ashod N. Amirian, Esquire Holmes & Ells 145 South Main Street 47 Winnacunnet Road P.O. Box 38 Hampton, NH 03842 Bradford, MA 01835 Mr. Richard R. Donovan Mr. Jack Dolan Federal Emergency Management Federal Emergency Management Agency Agency - Region I Federal Regional Center J.W. McCormack Post Office &

130 228th Street, S.W. Courthouse Building, Room 442 Bothell, Washington 98021-9796 Boston, MA 02109 4

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- George:Iverson,-Director N.H. Office of Emergency,

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1074 Pleasant Street- -

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