ML20055G847

Memorandum & Order.* Informs That Supplemental Memoranda of Applicants & Staff Addressed to Foregoing Questions Shall Be Filed & Served on or Before 900725.W/Certificate of Svc. Served on 900717

ML20055G847
Person / Time
Site:	Seabrook
Issue date:	07/17/1990
From:	Tompkins B NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	MASSACHUSETTS, COMMONWEALTH OF, NRC OFFICE OF THE GENERAL COUNSEL (OGC), PUBLIC SERVICE CO. OF NEW HAMPSHIRE
References
CON-#390-10641 OL, NUDOCS 9007240228
Download: ML20055G847 (10)

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. . (p r D006E100 UNITED STATES OF AMERICA UbHRC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD TO JL 17 NO 35 Administrative Judges ,,g g g gag ity hom !m s 4 "W L G. Paul'Bollwerk, III, Chairman July 17, 1990 'Ma*

Alan S. Rosenthal Howard A. Wilber 9ERVED JUL 171990

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In the Matter'of )

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443-OL' NEW HAMPSHIRE, at al. ) 50-444-OL

) (Offsite Emergency (Seabrook Station, Units 1 ) Planning Issues) and 2) )

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MEMORANDUM AND ORDER We have in hand the responses of both the applicants and the NRC staff to the questions posed in our June 22,

'1990 memorandum and order (unpublished). Both responses  ;

take issue with the statement in that memorandum and order (at 7) reflecting our then understanding that the American Red Cross (ARC) is to operate the School Host Facility at Holy Cross College that will receive school and day-care children in the event that a radiological emergency at the Seabrook facility requires their evacuation. Rather, in the words of the staff, the emergency response plan for the Massachusetts portion of the plume exposure pathway

. emergency planning zone (i.e., the Seabrook Plan for l Massachusetts Communities (SPMC)), "as litigated, does not anticipate that the ARC will be present at Holy Cross College'nor does it rely on the ARC to provide any staff to 9007240228 900717 PDR ADOCK 05000443 O PDR 1 q '

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assist organizations at the host school facility."' In .

I common with the applicants, the staff goes on to insist that ,

the ARC will be involved only in the operation of the congregate care centers (located at quite differe.at sites) to which some children ultimately may be trLnsferred from i the School Host Facility.

The applicants charitably acknowledge that the ,

t asserted " confusion" might have been engendered by the ,

observation of their counsel at oral argument to the effect that, if the school children are not accompanied by teachers on the bus trip from their schools to Holy Cross College,  !

there will be "a little more work for the Red Cross at the other end. "2 Although that observation assuredly does suggest a significant ARC presence at Holy Cross College, the challenged statement in our June 22 memorandum and crder has a different foundation derived from the evidentiary record itself.

Applicants' Exhibit 42 is the entire SPMC. In section 3.6.3 of Revision 0, Amendment 5, the SPMC deals with I

NRC Staff Response to Appeal Board's June 22, 1990 Memorandum and Order (July 13, 1990) at i n.1. In this connection, the staff referred to an attached July 3, 1990 affidavit of Ricnard W. Donovan, the Federal Emergency Management Agency's Regional Assistance Committee Chairman for the Seabrook facility.

2 Licensee's Response to Appeal Board Memorandum and Order of June 22, 1990 (July 11, 1990) at 3 n.4, quoting from App. Tr. 99 (April 18, 1990).

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organizations providing evacuation support.3 Subsection B of the section focuses upon the ARC. It states in pertinent F

parts  :

u In the event that-an incident at Seabrook i L

Station results in the need to relocate a z 5

segment of the general public from the Plume Exposure EPZ, the American-Red Cross  ;

(ARC), when activated, will-crovide staff s to operate Congregate Care Centers and host facilities for special conulations (e.a., school -

and nursing home host facilitv)) I (Emphasis supplied).  ;

Beyond that provision of the plan governing the energency response in Massachusetts, we find in the record .

(at pages 602-09 of applicants' Exhibit 41) the November 30, 1988 letter of agreement (LOA) between Holy Cross College and the lead applicant, Public Service Company of New Hampshire.' That LOA was concerned exclusively with the School Host Facility to be located at the College. In so many words, the document -- apparently prepared by the lead applicant and then signed by officials of the two parties to Lit -- provides that occupancy and use of the College's j premises in the event of a declared emergency at the Seabrook facility will be "under the direction of College officials in conjunct 3on with the American Red Cross" (14 at 604). The I4A goes on to stipulate, with equal l i

3 Although Exhibit 42 is identified as Amendment 6 of the SPMC,- the List of Effective Pages at the inception of -

the exhibit reflects that section 3.6.3 was not altered  ;

between Amendments 5 and 6. See Exhibit 42 at LOEP-4.

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' particularity, that the contemplated uses of tho' premises will-include: l 1

(U)se of those portions of the Premises for i processing approximately (11,000) eleven i thousand school children, day care children  :

and staff and under the muscices of the =

American Red Cross, temporary shelter of j school children, day care children and staff for ,

approximately an (8) eight hour period and for maintaining records and clerical support. .

1 Ibid. (emphasis supplied). 1 Manifestly, the foregoing terms of both the SPMC and the loa are inconsistent with the staff's current insistence l that there is no anticipation that the ARC will even be present at the School Host Facility located at Holy Cross College.' Moreover, quite apart from the express provision in the SPMC that the ARC "will provide staff to operate" the School. Host Facility, it is difficult to perceive how the ,

facility could function under not merely "the direction,"

but'still more significant "the auspices," of the ARC without that organization having at least some measure of staffing responsibility. Given the denial of both the l applicants and the staff that such a responsibility now a exists, it may well be that the SPMC and the LOA (as signed in November 1988) were subsequently amended to remove all references to ARC participation in the operation of the r i

' That insistence also seems at oods with the Licensing Board's finding that the facility at the Holy Cross College would be " generally administered by ARC officials and volunteers," although " trained personnel" accompanying the children would be expected.to provide "any necessary specialized care." See LBP-89-32, 30 NRC 375, 552 (1989).

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5 l School Host l'acility.5 In order to determine whether this is so, and in any event to obtair. a clear and totally l accurate understanding respecting the current SPMC and LOA terms with respect to responsibility for the operation of )

the School Host Facility, we wish to be advised by the l applicants and the staff respecting the following:

1. Does it appear in the record that the SPMC and the November 30, 1988 LOA between Holy Cross Co31ege and the 1 l

lead applicant were amended in respects relevant to the 1 matter of ARC involvement in the operation of the School ,

1 Host Facility? If so, when (according to the record) did j those amendments occur and what (according to the record)  ;

does the SPMC and LOA now provide with respect to responsibility for the superintendence and staffing of the ,

School Host Facility?

2. If the record does not establish that the SPMC and i the November 1988 LOA have been amended in relevant part, how should the previously noted provisions of those documents be reconciled with the present position of the 5

Indeed, the July 3, 1990 affidavit of Mr. Donovan  !

(see supra note 1) contains the flat statement (in paragraph #

13) that the "SPMC does not task the American Red Cross (ARC) to provide any staff to assist organizations at the >

host school facility" (emphasis supplied). On the other hand, the Licensing Board noted in its November 1989 decision that Exhibit 42 contained the Massachusetts emergency response plan that was litigated. LBP-89-32, 30 NRC at 380. This notation suggests that, if the SPMC as reflected in Exhibit 42 was subsequently amended to delete the provisions relating to ARC staffing of the School Host Facility, the amendment did not find its way into evidence.

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6 I applicants and staff that we erroneously assumed in our June 22 memorandum and order that the ARC "is to operate the school host facility at Holy Cross College"? In this

- connection, as it appears in the SPMC, what was the intended meaning of the phrase "will provide staff to operate"?

- Furthet, as found in the LOA, what was the intended meaning i of thts phrases "under the direction of College officials in conjunction with the American Red Cross".and, with. specific  ;

reference to the temporary shelter function of the School ,

Host Facility, "under the auspices of the American Red Cross"? If " direction" and " auspices" were intended for loa purposes to have some special meaning that would exclude  ;

ARC involvement in the operation and staffing of the School Host Facility, where in the record is that special meaning

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explained?

The supplemental memoranda of the applicants and staff ,

addressed to the foregoing questions shall be filed and served on or before July 25. 1990.' The Attorney General of ,

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' As-should be clear from the formulation of the questions, we expect the answers to be based on the content l of the evidentiary record at hand, not supplemented (as were the applicants' and staff's responses to our June 22 memorandum and order) by recently prepared affidavits. As a general rule, in the. absence of an enlargement of the record on proper application, we must base our appellate review on its existing content. In this regard, for reasons that will be developed in a later opinion, we reject outright the suggestion of the applicants that the issue of the need for teachers to accompany students to the School Host Facility at Holy Cross College was not within the ambit of the matters presented to the Licensing Board.

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Mast achusetts may respond to those memoranda as part of his reply, now due on Auaust 6. 1990, to the memoranda of the i applicsnts and staff already on file.

It is so ORDERED.

FOR THE APPEAL BOARD 3

+_l->>- = e Barbara A. Tompkins

. Secretary to the i Appeal Board i h p b

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v UNITED STATES OF AQERICA NUCLEAR RESULATORY COMMIS$10N In the Matter of 1 1

PUBLIC SERVICE COMPANY OF NEW Doctet No.(s) 50-443/444-OL HAMPSHIRE, ET AL. t (Seabrook Station, Units 1 ano 2)

CERTIFICATE OF SERVICE

! hereby certify that captes c. the foregoing AB MLO DTD 7/17/90 have been served upon the 4ollowinQ Dersons by U.S. mail, first class, except as otherwise noted and in accordance with the reautrecents of 10 CFR Sec. 2.712.

Administrative Judoe Aoministrative Jucce G. Paul Dollwer6, 111 Thomas S. Moore. Chairman Atomic Safety and Licensino Aepeal 4tomic Safety eno Licentino Aepeal Board Boaro U.S. Nuclear kegulatory Commission U.S. Nuclear Reculatory Commission Washington, DC ;0555 Washington, DC 20555 Arministrattve Juoge Howaro A. Wilber Administrative Laa Judge Atomic Safety and Licensinc Appeal Ivan W. Smith, Chairman Board Atomic Saf ety and Licensing Board U.S. Nuclear ReQulatory Commission U.S. Nuclear Regulatory Commissten Washinoton, DC 20555 Wasningtor,. DC ;0555 Administrative Judge Robert R. Pierce, iscutre Richard F. Cole Atomic Safety and Licensino Board-Atomic Safety and Licenstnc Board U.S. Nuclear Regulatory Commission U.5. Nuclear T<equl atorv Commission Washington, DC 20555 Washington, DC 20555-Administrative Judge Administrative Judge Alan S. Rosenthal Kenneth A. McCollom Atomic Safety and Licensing Board 1107 West Knapp Street U.S. Nuclear Regulatory Commission Stillwater. OK 74075 Wasnington, DC 20555 Edwin J. Reis, Eso. Mitti A. Young Office of the General Counsel Attorney U.S. Nuclear Regulatory Commission Office cf the General Counsel Washincton, DC 20555 U.S. Nuclear Reculatory Commission Washington. DC 20555

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!* Docket No. (s)!0:443/444o0L '

l AB G40 DTD 7/17/90 I

Dione Curran, tsa. Thomas G. Dignan, Jr., Eso.

Harmon, Curran & Tousley Ropes & Bray 2001 S Street, N.W., Suite 430 One International Place Washington, DC 20009 Boston, MA 02110 l Robert A. Backus, Eso. Paul McEachern, Esq.

Backus, Meyer & Solomon $heines & McEachern 116 Lowell Street 25 Maplewood Avenue P.O. Box 360 ,

i Manchester. NH 03106 Portsmouth, NH 03901 Gary W. Holmes, Eso. Judith H. Mirner, Esc.

Holmes & Ells Counsel for West Newbury '

47 Winnacunnet Road 79 State Street Hemoton, NH 03042 Newburyport. MA 01950 barbara J. Saint Andre, Esc.

Suzanne P. Egan Counsel for Amesbury, Newburyport City Solicitor h Salisbury Lacoulis, Hill'-Wilton ano Rotonen Kopelman and Paige, P.C.

79 State Street 101 Arch Street Newour y por t , MA 0!*50 Boston, iia '2110 Jene Doughty. Dir wet or Seatoast Anti-Pollution. League Ashed N. me.frian, Esc.

5 Market Street 145 Sovth Main Street. P.O. Box 3B Fortsmouth, NH 03001 Braciord, MA 01630 George Iverson, Director George W. Watson, Esq.

N. H. Office of ;mergency Management Federal Emergency Manaoement Agency State House Office Park South 500 C Street, S.W. -!

107 Pleasant Street Washington, DC 20472 Concord,, NH 03301 Jack Dolan George D. Bisoee, Esq.

Federal Emergency Management Agency Assistant Attorney General 442 J.W. McCormack (POCH) Office of the Attorney General Boston, MA 02109 25 Capitol Street Concord, NH 03301

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, Docket No.(s)50-443/444-OL AB.M60-CTD 7/17/90 t

$ i Buranne Breiseth John Traficonte Esc.  !

Boarc of Selectmen Chief, Nuclear Safety Unit Town of Hampton Falls y Office of the Attorney General I Drinkwater. Road ( One Ashburton Place, 19th Floor Hamoton Falls, NH. 03644 : Poston, MA 02108 i

Peter J. Brann, Esq.  : Allen Lascert J Assistant Attorney Generaly Civil Defense Director Office of the Attorney General Town of Brentwood

. State House Station, #6 4 20 Franklin Street Augusta, ME 04333 Exeter, NH 03033 Lt William Armstrono  :* Anne Goodman, Chairman Civil Def ense Director Eoard of Selectmen Town of Exeter 13-15 Newmarket Road 29 Front Street.  : Durham, NH 03024 Exeter, NH 03533  ;;

i R. Scott Hill-Whilton, Eso.

Michael' Santosuosso, Chetrman Lagoulis, Hill-Whilton & Rotondi Board of Selectmen '

79 State Street l South Hamoton, NH n3827 i Newburyport,. MA 01950 3

s Stanley W.'Knowles, Chairman Norman C. Latner a Board of Selectmen i ,$uperintendent of Schools P.O. Box 710  : School Administrative Unit t:o. 1 North namoton, NH M862 i 41umnt Drive a Hamoton, NH 03042 I

Sandra F. Mitchell The Honorable .

Civil Defense Director Bordon J. Huechrev Town of Kensington e ATTN Janet Cott Box lo, RR1 e United States Senate East P.tnGston, NH 03827 g Washington, DC 20510 i

d Dated at Rockville, Md. this 17 day of July 1990 4 . . . . .......- ........ .

a Offic.- of the Secretary of the Commission

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