ML20056A392

Requests Iw Smith Views on Offsite Emergency Response Planning Issues.W/Certificate of Svc

ML20056A392
Person / Time
Site:	Seabrook
Issue date:	07/20/1990
From:	Sinclair M GRAYSTONE EMERGENCY MANAGEMENT ASSOCIATES
To:	Smith I Atomic Safety and Licensing Board Panel
Shared Package
ML20056A380	List: ML20056A379 ML20056A384 ML20056A392
References
OL, NUDOCS 9008070199
Download: ML20056A392 (6)

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Graystone July 20,1990 Administrative Law Judge van W. Smith, Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washingion, DC 20555 Re: Public Service Company of New Hampshire (New Hampshire Yankee Seabrook Station)

Dear judge Smith:

Please excuse the informality of this correspondence, but I am no longer affiliated with any of the parties involved in the case, and it would appear I have no legal standing in which to present this issue other than as an interested citizen. Nevertheless, out of respect for you and for the Board, I felt you should be made aware of this situation.

You may recall that during the Seabrook licensing hearings on both the New Hampshire Radiological Emergency Response Plan (NHRERP) and the utility sponsored Special Plan for Massachusetts Communities Hampshire Yankee) on a num(SPMC), I testified as an expert witness for the Applicants (New ,

ber of off site emergency response planning issues. At the time, I was a contractor, employed by the utility as an off site planning specialist.

Since leaving the project in November,1989, several people with whom I worked closely have expressed concoms about a significant deterioration in the emergency response capability since tho emergency plans were litigated and exercised under FEMA scrutiny. These concems 4 focus on the time period between March of this year and the present during which the State of New Hampshire undertook to reduce state expenditures by el;minating several hundred state jobs and placing a " freeze" on the hiring of new employees and the filling of vacant positions in state govemment.

I am told that the impact of this move was the elimination of a number of jobs in the State Health and Human Services agency, among others, impacting on RERP staffing capability for Reception Centers, in addition, staff reductions and consolidations also sharply reduced the number of trained individuals available to staff RERP positions in areas such as field Monitoring, Radiological Laboratory Analysis, and Decontamination Center Supervision. I am -

also aware that as a result of staff tumover, reductions in force, and the hiring freeze, the State Office of Emergency Management is unable to fill a number of key RERP positions in its own Command and Control organization.

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Administrative Law Judge Ivan T. Smith Atomic Safety and Licensing Board July 20,1990 2-Based on my own knowledge of the RERP personnel situation, it would appear the state is unable to meet 20 to 25 per cent of the minimum staffing requirements with trained personnel at this time. Moreover, within the past week, Governor Gregg has directed that further budget reductions be undertaken in the fiscal year that began July 1 with the prospect of additional layoffs and continued vacancies in state government.

The net result of this situation is that at a time when Seabrook Station is ascending to full power operation, the state's ability to effectively implement the off-site emergency response called for under the litigated plan appears to be in question.

When i first leamed of this situation last Spring, I mentioned the concerns to OEM and utility officials and a FEMA representative, suggesting in each instance that some remedial effort should be made to correct the problems, either by informing the Governor that the positions were necessary to fulfill the state's commitments under the RERP or by revising the RERP to reflect a realignment of the staffing requirements. OEM officials indicated they were powerless to influence state policy on staffing; utility Emergency Planning officials said it was not their problem; and the FEMA representative said it was a " moot" point unless FEMA conducted an audit of RERP personnel which was unlikely or the positions remained unfilled during the next FEMA graded exercise in December,1990, at which time they would be noted as a ARCA.

My purpose in bringing this issue to your attention is that I believe it involves the integrity of the licensing process. No emergency response plan can be effective without the trained personnel necessary to implement it. As a professional planner, I did my best to ensure that the off site response plans for Seabrook Station represented not only compliance with regulatory guidance, but an effective and implementable plan to protect public health and safety in the event of an accident. As a witness in the proceedings,I accepted, as the Board did, the assurances of FEMA, the state, and the applicant utility that the emergency response capability reflected in the plans would be constantly monitored and maintained. I am no longer confident that the commitment is being kept.

As one who testified under oath before the ASLB regarding the efficaer of the RERP, had I been aware that such a situation would be allowed to develop, I woulc have been more cautious or tentative in framing my statements in retrospect, there are a number of affirmations I might not have made at all.

Obviously the system is flawed when it allow. a situation such as this to arise and go unaddressed. And it appears there is no recourse despite the fact that it constitutes a failure on the part of the state to abide by the requirements of NUREG 0654 and the language of its own emergency response plan. It is a conundrurr that the utility's license initially is contingent on a state's commitment which may subsequently be abdicated through no fault of the utility.

Yet, at the same time, the utility is free to balk at helping the state meet its commitment with no apparent sanction. I know of no way to compel the parties involved to live up to their responsibilities and to ensure that they do so on a continuing basis.

Crarystosse M - y Managessneset Associates 18 Susussier Street, Hligstpoem, NH 08244 (808) 4644257

Administrative Law Judge Ivan T. Smith Atomic Safety and Licensing Board July 20,1990 3-Perhaps the most disturbing aspect of the problem is that during the period when any state or municipal response organization is incapable of implementina the protective actions required to meet a nuclear emergency, the Board's findings that a response plan provides reasonable assurance that public health and safety will be protected is rendered invalid.

I would be interested in knowing your views on this issue and what, if any, action you feel could be taken to mitigate such situations. I hope that in the future, the Board, and perhaps the full Commission, will see fit to address this problem by insisting that the NRC and FEMA use its authority to enforce at least minimum emergency response staffing requirements.

Since oly,

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ichael C. Sinclair MCS/hs issammerstreet,dilis. boro,em os244(ooap 4e4.casr

UNITED STATES OF AMERICA NUCLEAR RESULATORY COMMIS$10N In the Matter of I l

PUBLIC SERVICE COMPANY OF NEW l Docket No.(si 50-443/444-OL HAMPSHIRE, El AL. 1 (lesbrook Station, Units 1 and 2) - 1 I

I CERf!FICATE OF SERVICE 1 hereby certify that copies of the foregoing Lt MEMO W/ CORREL. RE 81NCLA!R have been served upon the f ollowing persons by U.S. sail, first class, encept as otherwise noted and in accordance with the requirements of 10 CFR Bec. 2.712.

Adelnistrative Judge Adelnistrative Judge G. Paul Bollmerk, 111 Thomas S. Moore, Chaireen Atomic Ba4ety and Licensing Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Coesission U.S. Nuclear Regulatory Coesission Washington, DC 20555 Washington, DC 20555 Administrative Judge Administrative Judge Howard A. Wilber Alan 6. Rosenthal  !

Atomic Safety and Licensing Appeal Atcelc Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Consission U.S. Nuclear Regulatory Coesission Washington, DC 20555 Washington, DC 20555 Administr4tive Law Judge Adelnistrative Judge Ivan W. Smith, Chairman Richard F. Cole Atomic Safety and Licensing Board Atomic Safety and Licensing leerd U.S. Nuclear Regulatory Consission U.S. Nuclear Regulatory Coesission Washington, DC 20555 Washington,.DC 20555 Robert R. Pierce Esquire Administrative Judge Atoalc Safety and Licensing leerd Kenneth A. McCollet i U.S. Nuclear Regulatory Consission 1107 West Knapp Street v Washington, DC 20555 6tillwater, OK 74075 Edmin J. Reis, Esq. Mitti A. Young Office of the Beneral Counsel Attorney U.S. Nuclear Regulatory Coteission Office of the Seneral Counsel Washington, DC 20555 U.S. Nuclear Regulatory Coseission Washington, DC 20555

Docket No.(s)S0-443/444-OL Lt MEMD W/CORRES. RE SINCLAIR Diane Curran, Esc. Thoeas 6. Dignan, Jr., Esq.

Haroon, Curran 6 foutley Ropes & Gray 2001 9 $treet, N.W., Butte 4}0 One International Plate Washington, DC 20009 loston, MA 02110 1

Robert A. Backus, Esq. Paul McEachern, Esc. l tackus Meyer 6 Solomon thatnes 6 McEachern 116 Lowell Street 25 Maplewood Avenue P.O. Son 360 Manchester, NH 03106 Portsecuth, NH 03001 Gary W. Holmes, Esc. Judith H. Mitner, Esc.

Notees 6 Ells Counsel for West Newbury 47 Wienatunnet Road 79 State Street Hanoton, NH 03042 Newburyport, MA 01950 Barbara J. Saint Andrei Esq.

Suzanne P. Egan Counsel for Amesbury, Newburyport City Solicitor 6 Salisbury Lagoults. Hill-Wilton and Rotondi Kopelean and Paige P.C.

79 State Street 101 Arch Street Newburyport, MA 01950 beston, MA 02110 Jane Doughty, Director Seacoast Anti Pollution League Ashed N. Aalrian, Esq.

5 Market Street 145 South Main Street, P.O. Box 39 Portsmouth, NH 03801 Bradford, MA 01830 George !verson, Director George W. Watson, Esq.

N. H. Office of Energency Management Federal Energency Management Agency State House Office Park South 500 C Street 8.W.

107 Pleasant Street Washington, DC 20472 Concord,, NH 03301 Jack Dolan George D. 91sbee, Esq.

Federal Energency Management Agency Aestatant Attorney General 442 J.W. McCoreack (PDCH) Office of the Attorney General loston, MA 02109 25 Capitol Street Concoro, NH 03301 4

Docket No.(s150-443/44a OL L9 MEMO W/CDRRES. RE 51NCLAIR Suzanne trotseth John traficonte. Esq.

Board of latecteen Chief, Nuclear Safety Unit Town of Heepten Falls .

Office of the Attorney Beneral Drinkwater Road One Ashburton Place, 19th Floor Hespton Fal J, NH 03044 loston, MA 02100 Peter J. trann, Esq. Allen Lampert Assistant Attorney loneral Civil Defense Director Office of the Attorney Beneral Town of Brentwood State House Station, 06 20 Franklin Street Augusta ME 04333 Etater, NH 03033 William Armstrong Anne Goodea 6 Chairman Civil Defense Director Board of Select.*en Town of Exeter 13-15 Neweerket Road 10 Front Street Durham, NH 03824 Emoter, NH 03B33 R. Scott Hill-Wntiten Esq.

Michael Santosuosso, Chairman Lagoulisi Hill-Whilton & Rotondi Board of Selectmen 79 State Street South Hampton, NH 03827 Neuburyport,, MA 01950 Stanley W. Knowles, Chairman Norean C. Katner Board of Selectmen Superintendent of Schools P.O. Box 710 School Administrative Unit No. 21 North Hatoton, NH $3862 Alumni Drive Hampton, NH 03642 Sandra F. Mitchell the Honorable Civil Defense Director tordon J. Huophrey Town of Kensington ATTN Jani.t Colt ton 10 RR1 United States Senate East Kingston, NH 03827 Washington, DC 20510 Michael C. Sinclair Graystone Esergency Management Associates 13 Bummer Street Hillsboro, NH 03244 Dated at Rockville, Md. this 30 day of July 1990 '

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