ML20056B225
| ML20056B225 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 08/06/1990 |
| From: | Sinclair M GRAYSTONE EMERGENCY MANAGEMENT ASSOCIATES |
| To: | |
| Shared Package | |
| ML20056B221 | List: |
| References | |
| OL, NUDOCS 9008150230 | |
| Download: ML20056B225 (7) | |
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{{#Wiki_filter:, eur e? to nice * [e: ; t UNITED STATES CT AMERICA NUCIIAR REGUI.ATORY COMMISSION Before the Commission s In the Mhtter of Pl*Bl.1C SERVICE COMPAh"I 0F' Docket Nos. NEW HAMPSHIEE, et 21. I (Seabrook Station, Units 1 and 2) (Off-site Emergency
- Planning Issues) !
AFFICAVIT OF MICliAEL C. SINCLAIP l Augus t 6, 1990 j I, Michael C. Sinclair, being on oath, depose and say as follows: 1 I am a self-empicyeo emergency planning consultant d/b/a Graystone Emergency Management Associates, Hillsboro, NH, and have been recognized ' as an expert in the field of of fsite radiological emergency response planning during testimony before the Atomic Safety and Licensing Board in the above-ref erenced case in 1988 and 1989. < 2 On the occasions of my testimony with respect to certain aspects of the New Hampshire Radiological Energency Response Plan (NH RERP) and the utility-sponsored Seabrook Plan for Massachusetts Comunities (SPMC) I testified as a consultant under the employ of and on behalf of the applicant utility, New Hampshire k nkee, and asserted that within the crnte7.t of the assues raised that the plans vere adequate at the time the ggegggy [ + Q
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- et'.1 mony var of f ered L During the preparation of testimony in 1968, I was involved 2n the development of data relating to the staffing requirements for the NH PERP and subsequent to the conclusion of the testimony, I was assigned the task of developir.g documen',ation to demonstrate a full staf f ed roater of FERP positions for review by the Federal Emergency Management Agency. That document was presented and revaeved by Bruce Sviren of TEMA, Regaon 1
- 4. Similarly, in 19&9, durang preparation of testimony on the SPMC, I assisted f ellev contractor W2111am Renz 2n developang similar personnel staffing data. Tollowing the ASLB hearings on the SPMC, I was assigned to assast Michael Lewis, Bruce Gretter, Ron Thompson and other NHY cmployees in updating the NH PERp personnel staf fing inf ormation to document full staffing of FERP positions and the training received by each individual During the process of gathering the information, a substantial number of vacancies were identified and I worked with Directors Richard Streme and his successor George Iverson, Michael Navoj, Pobert Jef fraes and John G2f f ord of the New Hampshire Of fice of Emergency Management, and William Coburn and Clay Ogalvie of.the NH Human Services Agency, among othere. te secure personnel to fill the vacant positions. The updated roster 2nformation was presented to Richard Donovan of TEMA, Region 10, in the fall of 1999. .
9 Subsequent to completing my contracted verk for the utility in Nevember, lo?9, and continu2ng through the Spring of 1990, I vis2ted inf ormally with 1 l a number of the people representing the state agencies with which I had l l
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ve:ked during the previous three years. During these encounters, 1 nquared about progress :n their ef f erte to maintain PEPP personnel and to complete the requared training. In virtually every instance, I was told that ageneses were continuing to encounter difficulty filling vacant pon tiene At the State government level, it had been my experience over ! the part three yeare that the State Agency of Human Servicea, one of the , larger' providers of PERP implementation personnel in a number of key ; areas including Peception Center staffing, accident analysis, laboratory support, field monitoring and decontamination rupervision, has been p'.agued by chronie instances of chort staffing, high turnover, and the inab21 sty to f all vacant posit:ent. At the local level, there had been rimalar problems with respect to turnover and short staffing within
=unscips! police and fire departments.
? The Governor of New Hampshire, in February, 1990, announced a ser2es of expenditure reductions, including employee layoffs and the freezing of vacant job positions. In the weeks that followed, I again made infernal inquirier about PERP staffing levels and was advised that the budget reductions and haring freeze had further reduced the number of people-available to fill RERP requirements. Among the agencies with significant problems in this respect were the Agency of Human Servleee and the State Office of Emergency Management Based on the inf ormtion provided I concluded that etaf fing levele throughout the PERP as of that time in late March 1990, might be in the ne29hborhood of 10-1 % below minimum PEPP requirements.
' Eetween March and June, 1990, on separate occasions, both in persen and in
4 cus e? Se tiie: s.o? vrating. I made representatives of the Of f ace of Emergency Management, the utility, and TEMA aware of my cencerns that h"d REPP staffing had fallen below the minimum levelt testafaed to before the ASI.B as being required to impicn:ent the plan Among those to vbom I expressed these concerns were
'ieerge Gram, Donald Ta111eart, and Paul Trechette of IMI and David Wase, a Et contractor, George Iverron and Michael Navo) of NH OEM; Tachard Donovan of TEMA: and White House Chief of Staff John Sununu, former ,
Governer of New Hampshire. All of these andividuals ackncvledged existenee of the problem, with the exceptions of Mr. Sununu and Mr Gram, who did not respond. 6 In mid-July, during a conversation with NHOEM Director Iverson, I again ment. toned my eencerns regarding RERP staffang deficieneles as exacerbated by the centanuing state budget constraints and the everall econ 0mic , downturn being experienced in the region. Pr:. Iverson volunteered that he too was concerned and had been instructed b C.e Governor that week to prepare for further agency spending cuts and perhaps mere staf f reductions I suggested such actions would only increase the 10-15 per cent deficiency I believed already existed, and Mr. Iverson responded thae he belseved that the deficiency could be as much as 20-25% in minimum staf fing capacity across-the-board even bef ore inst 2tuting further state budget cuts. He also agreed with the supresition that elm 21ar spending constrainte and economic pressures were taking a toll among municipal emergency response organizations in the EP2 communities and the non-governmental support providers. He said some ef fort had been mde to correct a f ew of the problems, but that the situat2on might get vorse before it got better. 4
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-9 At' the time I testif 2ed bef ore the ASLB, the position taken by the utilaty and the State was that minimum staf fing capabilaty, that 2s, the availability of trained personnel to fully staff two consecutive shafts in all positions listed in the RERP, would be maintained because that was 7
what was required to implement the plan. It is my position as a planning prof essional that the emergency response plans litigated in these proceedings are not fully impleme.stsble and functional without a full complement of trs2ned, available per.1onnel to staf f each of the specified functions Based on my experience and the 2nf ormation made available, I , do not believe that capability currently exists. 10 Having rece2ved no formal response to my concerns f rom the respons2bic parties I believed were in a position to_ mitigate the staf fing situatien, I authored a letter dated July 20, 1990, to Administrative Law Judge Ivan , W. Smith of the ASLB before whom I had testified as to the suf ficiency of the emergency response plans for Seabrook Station.(Letter attached ae Exhibit A) 11 Jn my opinion the scope and depth of the present deficiencies in staf fing kre sufficient to question whether the RERP could be fully implemented and should be cons)dered safety significant as the utility prepares to bring Seabrook Station to continuous, full power operation. Once the facil2ty I fe on-line and operating on a day-to-day basis, the emergency response I capability specified in the emergency response plans must be available on s 24-hour-a-day, 365-days-a-year basis in order to protect the pub 12e health and saf ety of the people who lave within the 10-mile EPZ. The 5
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3 i finding of reasonable assurance that the written emergency responte plans i Sre adequate to provide protectlen is meaningless in the absence of A i tull complement of trained personnel resources to implement thern 2f and when circumstances require it. . edC,--
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Affinnt 1 STATE Cr NEW HAMPSHIRE )
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m. County of Hillsborough ) August '"1 , 1990 The above-subscribed individual appeared before me and :nnde oath that he
.ws: the author of the foregoing affidava' and that the statements set forth therein are true to the best of his knowledge.
Sofore me, Tu L# E. nN0% Netary Public My coccission expires: *\/09)ol3
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lI 1 r T I l t EXHIBIT A '{
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l' Graystone l July 20,1990 Admini:trative Law Judge ' Ivan W. Smith, Chai man Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission
-Washington,0C 20555 -
Re: Public Service Company of New Hampshire
'(New Hampshire Yankee Seabrook Station) -
De ge Smith: ' i' Please excuse the informality of this correspondence, but I am no longer affiliated with 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 an for the Board, I fell you should be made aware of this situation. You may recall that during the Seabrook licensin Radiological Emergency Response Planand (NHRERP)g hearings onPlan bothforthe New H the utilitysponsored Special Massachusetts Ccmmunities (SPMC), I testified as an expert witness for the Applicants (New Hampshire Yankee) on a number of off site emergency response planning issues. At the time l 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 havi expressed concems about a significant deterioration in the emergency response capability since the emergency plans were litigated and exercised under FEMA scrutiny. These concems 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 eliminating 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 cf trained individuals available to staff RERP positions in areas such as field i Monitoring, Radiological Laboratory Analysis, and Decontamination Certter Supervision. I am L also aware that as a result of staff tumover, reductions in force, and the hiring freeze, the l' State Ofiice of Emergency Management is unable to fill a number of key RERP positions in its own Command and Control organization. L L T/f N M T N-Craystone Emergency Management Amdates 13 Summer Street, Hillsboro, NH 03244 (60m aa4.mcv .
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Administrative Law Judge Ivan T. Smith Atomic Safety and Licensing Board July 20,1990 2-t Based on my own knowledge of the RERP personnel situation, it would appear the state is t unable to meet 20 to 25 per cent of the minimum staffing requirements with trained personnel at this time. Moreover, within the past week, Govemor 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 implernent 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 Govemor 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! t December,1990, at which time they would be noted as a ARCA. My purpose in bringin
. the licensing process. g this issue to your attention is that I believe it involves thel No emergency response plan can be effective without the trained i 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 I 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. i As one who testified under oath before the ASLB regarding the efficacy 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 allows 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 NtJREG 0654 and the language of its own emergency response plan. It is a conundrum that the utility's license initially is contingent t on a state's commitment which may subsequently be abdicated through no fault of the utility, i 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.
Craystone Emergency Management Associates il Summer Street, HIllsboro, Nil 03244 (6091464-toe
r ; i i 1 Administrative Law Judge Ivan T. Smith Atomic Safety and Licensing Board July 20,1990 3 j Perhaps the most disturbing aspect of the problem is that during the period when any state or ; municipal response organization is incapable of implementing the protective actions required to meet a nuclear emergency, the Board's findings that a :esponse plan ~ v% 'easonable assurance that public health and safety will be protected is rendered ' we I would be interested in knowing your views on this issue and what ' v! edno rh nel could be taken to mitigate such situations. I hope that in the future, '< % ' ve t.o. haps the full Commission, will se6 fit to address this problem by insisting the. W Mr e4 '4MA use its authority to enforce at least minimum emergency response staffing re:f;- rec _. 1 I Since ety, j c l ichael C. Sinclair MCS/hs
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Creystone Emergency Mr .r.er.t Assodates 13 Swin.wr Street, Hillsbere. NH OD Ad iAnet 444.mes l
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i STATE OF NEW HAMPSHIRE ! a ini.,e.,.n.en, coe,,mi : i DAtt . PROM Vi [ se Jr. N.D. M.P.W. oiretter Dms i SVsJact l RADIA7 ION EhtACINCY R!sp0N88 i 70 , .. j Al'1 Divisten 8taff it has[been sees time since I have sede e roguest !!ke this, bue in that time there have been several personnel changes, and so, it is necessary to ask aseln. Many of you are w,11 aware of the involvement of the Divlolan In radiatten emersency response, specifically as it pertains to ~eltiaattan of any effects of emeraencies which say arise free operetten of fixed nuolear faellities, e.g., the Verrent Yankee and Seabrook power stations. While we have a permanent 'eore" of trained'radielealoal health' personnel, suesessful participation in exercises to test our response ' capabt!!ty requires that we hr.ve a peel of ledividuals who sen be called upon to fill in la several capsettlet. Aeons these are exposure sentrol l
- sterks, field sonitors, field ,sampilns toaa ser,bors, laboratory .
assistants, aestdent assessors." reception and decontesinatten senter supervisers, and storiaal staff. Our ulplaate goal in this rosard is to I have sufficient trained staff in all sapasities to that ohlf t changes can L be accesp!!she4 aseethly, l
'!he P!v!rien has received high marks free federal agonales whleh l
have 8teded et participation in proviews exercises. Our evocess has been, In ne small vay, due to the deditatten of those of you who have given of your ties and talents in the past. We need to sentinue this , suceossful carrying out of our sandete and responsibility. In this . i regard, we need addittenal persons to repleos those who have left, , Tov ear say that you have ne knowlerdge of radiation energeney repense planning er letter.entatt,e. Several of the pesillena require little, if any, education er exportense in the field of radiation. In. eddition, training is available to all to make sure you are clear as to
, what yewt role is.
I There say be those of you who have declined to partielpate in the past - perhaps feeling that partf elpation any have been sensidered tacit ! approval of that whleh van not la line with your personal convietlens.
, have respected these eenvlellens. However. Seabreek station asa has an operatina license and we in the Divisten have our mandate = pretentlen of the public health. I therefore r,eguest these of yeV, who have prevleusly declined, to reconsider, to share your.oppertise and ta'ent, a d to assist us in fulfilling our sandate. Vo sust protect the pub!!c in she best way that we can.
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. '!he questions of tes seses up 'about additieaal remuneration, if feu are asked to partletpat,e during regular worklag heure and mood
- J Sid1Manal.tlee to oosplete regular 'Juties, of (? peu partiolpaso durina ether ';han regular working hours you aan be paid either la cetpensetery l time er everties.
I ask all te sorteusly consider thle request and if you wish to become e seaber of our repense teos, please senteet ne dirwely. . x.. . . Thank you for your ooeperstles.
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r 1 { t UDITED STATES OF AMERICA NUCLEAR' REGULATORY COMMISSION . , Before;the Commission: / c k g. 'e, yW9 Kenneth M. Carr, Chairman ey/ Og Thomas M. Roberts 2 g G " Kenneth C. Rogers James R. Curtiss *~ %hD ,1 g IZ" Forrest J. Remick /J: ll g\
)
Docket Nos. 50-443-OL
. Inithe Matter 1 of )
50-444-OL -{
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PUBLIC SERVICE COMPANY ) OF NEW HAMPSHIRE, ET AL. )
) :
(Seabrook Station, Units 1 and 2) ) August 8, 1990
)
CERTIFICATE OF. SERVICE i
.I, John Traficonte, hereby certify that on August 7, 1990, I made. service of the within "INTERVENORS' EMERGENCY MOTION TO REOPEN THE RECORD ON THE ADEQUACY OF THE' STAFFING OF THE NHRERP AND FOR IMMEDIATE: SHUTDOWN'by telefax as indicated by ('] and by first class mail to.the following partics: ,
- Ivan Wi 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 Bethesda, MD- 20814
, Dr. Richard F. Jole 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 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814
- Docketing and Service
- Thomas G. Dignan, Jr.1/ .
U.S.' Nuclear-Regulatory Commission Ropen & Gray Washington, DC. 20555 One International Place Boston, MA 02110 J/' Hand delivery was also made on August 8th by 10:00am. 1 g.. ,,, .e,,._e ,
l
- Marjorie Nordlinger, Esq. Paul McEachern, Esq.
j
> U.S.-Nuclear, Regulatory Commission Shaines & McEachern l Office of the General Counsel 25 Maplewood Avenue "
11555 Rockville Pike, 15th Floor P.O. Box 360 Rockville, MD 20852 Portsmouth, NH 03801-M. Joseph Flynn, Esq. Atomic Safety & Licensing Assistant General Counsel Appeal: Board j Office of General Counsel U.S. Nuclear Regulatory Commission 4 Federal. Emergency. Management Washington, DC 20555 Agency -- 500 C Street, S.W. Washington, DC 20472 Robert A. Backus, Esq. Atomic Safety & Licensing Board , Backus, Meyer & Solomon U.S. Nuclear Regulatory Commission Washington, DC 20555 116 Lowell Street P.O. Box,516 Manchester, NH 03106 Jane Doughty Diane Curran, Esq. Harmon, Curran & Towsley Seacoast Anti-Pollution League Five Market Street Suite 430-Portsmouth, NH 03801 2001 S Street, N.W. Washington, DC 20008 Barbara St. Andre,'Esq. Judith Mizner, Esq. Kopolran & Paige, P.C. 79 State Street 77 Franklin Street Second floor Boston, MA 02110 Newburyport, MA 01950 Charlus P. Graham, Esq. R. Scott Hill-Whilton, Esq. Murphy & Graham Lagoulis, Hill-Whilton & Rotondi 33 Low' Street 79 State Street Newburyport, MA 01950 Newburyport, MA 01950 . Ashod N. Amirlan, Esq. Senator Gordon J. Humphrey 145:Soute Main Street U.G. Senate ! P.O. Dox .8 Washington, DC 20510 Bradford,PA 01835 (Attn: Tom Burack) Senator 1Gordon J.-Humphrey- John P. Arnold, Attorney General One Eagle Square, Suite S07 Office of the Attorney General
' Concord, NH 03301 25 Capitol Street (Attn:- Herb Boynton) Concord, NH 03301 lPhillip Ahrens, Esq. William S. Lord Assistant Attorney General Board of Selectmen Department of the Attorney General Town Hall "riend Street Augusta, ME 04333 AF'9 bury, MA 01913 'Ne
l G. Paul Bollwerk, III, Chairman Alan S. Rosenthal
' Atomic Safety & Licensing Atomic Safety & Licensing Appeal Board Appeal Board' U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission ,
East West Towers Building East West Towers Building > 4350 East West Highway 4350 East West Highway
.Bethesda, MD 20814 Bethesda, MD 20814 Howard A. Wilber *Kenneth M. Carr ,
Atomic Safety & Licensing Chairman Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission 11555 Rockville Pike East West Towers Building Rockville, MD 20852 r 4350 East West Highway-Bethesda, MD 20814
- Thomas M. Roberts, Commissioner *Konneth C. Rogers, Commissioner U.S. Nuclear Pegulatory Commission U.S. Nuclear Regulatory Commission 11555 Rockville Pike 11555 Rockvillo Pike Rockville, MD- 20852 Rock'ille, MD 20852
- James R. Curtiss, Commissioner Jack Dolan I' U.S.-Nuclear Regulatory Commission Federal Emergency Management Agency 11555 Rockville Pike Region 1 Rockville, MD 20852 J.W. McCormack Post Office &
Courthouse Building, Room 442 Boston, MA 02109 George Iverson, Director *Edwin Reis, Esquire N.H. Office of Emergency Management U.S. Nuclear Regulatory Commission State House Office Park South Of fice of General Counsel 107 Pleasant Street 11555 Rockville Pike 15th Floor Concord, NH 03301 Rockville, MD 20852
*Forrest J. Remick U.S. Nuclear Regulatory Commission 11555 Rockville Pike l Rockville, MD 20852 Respectfully submitted, JAMES M. SHANHON ATTORNEY GENERAL ,
t
)N I D (/- u ohn Traficonte ssistant Attorney General Chief, Nuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, MA 02108 (617) 727-2200 Dated: August 7, 1990 j
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