ML20073A809
| ML20073A809 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/12/1991 |
| From: | Sinclair M GRAYSTONE EMERGENCY MANAGEMENT ASSOCIATES |
| To: | Smith I Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20073A757 | List: |
| References | |
| ALAB-941, LBP-89-32, OL, NUDOCS 9104230368 | |
| Download: ML20073A809 (5) | |
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Graystone Emergency Management Associates April 12,1991 Ivan W. Smith, Esq., Chairman Administrative Law Judge Atomic Safety and Licensing Board U.S. Nucleat Regulatory Commission Washingion. DC 20555 In the Matter of PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE. e.t. al (Seabrook Stations Units 1 and 2)
Docket NoL50 443. 5&444 Offsite Emergency planning
Dear Judge Smith:
Thank you for your response to my letter of March 25,1991,6ad for advising me regarding the rulings of ALAB 941 and LBP 89 32. 30 NRC 375 (1989) with respect to the school participation issue. I did not have access to a copy of ALAB 941 when I directed my concerns to the Licensing Board. I did so based on the f act that Mr. Kwiatkowski's March 1, 1991 was forwarded to the Licensing Board by the NRC staff. You are correct that I questien whether the December 1990 exercise adequately demonstrated a level of school participatica sufficient to address the Appeal Board's concems, in retrospect, perhaps I should have addressed my concerns to the Appeal Board which issued ALAB 941 since you point out that it was the Appeal Board which directed that the f ailure to elicit sufficient school participation in the June 1988 exercise "be corrected in a subsequent exercise." Having done so,I find it alarming that the Appeal Board f ailed to ensure that the response to its directive would be reviewed by the NRC.
Equally conf using and disturbing to me at this point is the appearance that a determination of whether the Appeal Board's directive was properly implemented was left up to FEMA. From an emergency management pers)ective, clearly there is a contradiction between what the pre-exercise agreement callec! for, the FEMA exercise review methodology (Objective #19), and what FEMA observed during the exercise itself.
As I indicated to you in my March 25,1991, correspondence, the pre exercise agreements called for full oarticip11 Mon by those special f acilities which agreed to take part in the exercise. However, Mr. Kwiatkowski concludes that based on the number of facilities which were contacted during and af ter the exercise " confirm (s) FEM A's judgement that the sample used in the 1990 Seabrook exercise was adequate to provide a reliable test of the provisions of the NHRERP relating to notification of public and private schools and day care centers,"
9104230368 910416' gDR ADOCK 00o 3
13 Summer Street, Hillsboro, NH 03244 (603) 464 0257
k Ivan W. Smith, Esq., Chairman Atomic Safety and Licensing Board April 12,1991 2-FEMA's conclusion, in my opinion, should not be interpreted as f ully addressing either the intent of the Appeal Board's directive nor that of its own Exercise Evaluation Methodology n, irt mt, those participating special f acilities did not f ully implement the emergency tetpong procedures written for them as part of the NHRERP. The issue here is not how many more special f acilities participated in 1990 than did so in 19BB, but rather whether those that did participate understood their role and responsibilities under the NHRERP, (You may recall that the NH RERP makes compensatory provisions for non compliant facilities using so-called *def ault" values, and notwithstanding the Apoeal Board's finding, the state could,if necessary, implement the plan's evacuation process with zero participation by aff ected special facilitles.)
The Appeal Board and the NRC shot.ld withhold a determination on whether the directive in Al.AB 941 was complied with in lhe December,1990 exercise until there is documented evidence that the vast majority of those participating special f acilities did adequately demonst' ate the ability to effect their NHRERP implementing procedures.
Since the Licensing Board no longer has jurisdiction in this issue, I apologize for intruding on your time. You need not respond to this follow up letter, but I would ap areciate it if your staff would see that it and the previous correspondence are forwarded to tie appropriate Appeal Board panel for its consideration.
Respectfully, 9
fos Michael C. Sinclair MCS/hs 13 Summer StreeCHillsboro, NH 03244 (603) 464 0257
UNITED $1 ATES OF AGERICA NUCLEAR REGULATORY C0pA16010N d
in the Matter c4 I
I PUBLIC SERvltE COMFANY OF NEm t
Docket No.(s) 50 443/444 OL HAMfEHIRE. El AL.
1 (Seabrook Station, Units 1 and 2)
I i
i CERT!FICATE OF $ERVICE
! hereby certify that copies of the foregoing LS MEMO, $1NCLAIR LTR DTD 4/12 have been served upon the following persons by U.S. stil, first class, etcapt as otherwise noted and in accordance with the requirseents of 10 CFR Sec. 2.712.
Administrative Judge Adelnistrative Judge G. Paul Bollwerk, 111 Thomas 6. Moore, Chairean Atomic Safety tnd Licensing Appeal Atomic Safety and Licensing Appeal Ecard Boarc U.S. Nuclear Regulatory Cosetsanon U.S. Nuclear Regulator y Coerission Washingtch. DC 20555 Washington, DC 20555 Adelnistratsve Judge ho.aro A. halter Acennistrative Lam Judge Atestc Safety anc Ltcensing Appeal Ivan W.
$ tith, Chatrean kcer d Atotic $4 8ety anc Licensing board U.S. huclear Reculatorv Coemistico U.S. Nuclear Regulatory Commission Washahatcr. DC 20$$5 washington DC 20555 Acennistrattve Jucce Rob 6rt R. Pierce, Escuire Richard F. Cole Atomic Safety and Licensing board Atomic $4fety anc Licensthc board U $. Nuclear Regulatory Commission U.E. Nuclear Regulatery Commission Washington, DC 20555 Washington. DC 20555 Admint$trattwe Judge Edwin J. Reis Esc.
Kenneth A. McCollem Office of the General Counsel 1107 West Knapp Street U.S. Nuclear Regulatory Cossistion Stillwater OK 74075 Washington, DC 20555 Mitti A. Young Diane Curran, Esq.
Attorney Harsoni Curran b fousley Office of the Beneral Counsel 2001 6 Street, N.P., Butte 430 U.S. Nuclear Regulatory Coseission Washington, DC 20009 Washington, DC 20555 l
Decket No.(s)50-443/4an 06 Lb QEMD. $1NCLAlk L1k DTD 4/12 9
lhoras G. Dignan. Jr.. Esc.
Rcbert A. Backus Etc.
Ropes & Gray Backus. Meyer 6 Bolostn One International Place
!!6 Lowell Street Boston, MA 0!!!0 Manchester, NH 03106 Paul McEachern. Esc.
Gaty W. Holmes. Esc.
Bhaines & McEachern Helpes & Ells 25 Maplewood Avenue P.O. Box 360 47 Winn.cunnet Road Portsmouth NH 03B01 Haspion, NH 03642 Judith H. Mitner. Etc.
Susanne P. Egan Counsel 4or West Newbury City Soltetter 74 State $treet Lagounts Hill-W11 ton anc Rotondt Nemburvccrt, MA 01950 79 State Street Newburvoort. MA 01950 barcara J. Saint Ancre. Etc.
Counsel 4of Asetturv. Ntaburvoort Jane Doughty. Director 6 Salisbury Beacoast Anta-Follution League 6 ocelren ano F aige. F.C.
$ Market Street 101 Arch Street Fortsmouth, NH 03001 Ecston. MA 02110 George Iver son, tirector Asnoe h.
Attfian. Etc.
N.
H.
Ofitce of Eeergency Management 145 South Main Street. F.O. Bor 36 State House Office Fark South Braofore. MA 01630 107 Pleasant Street Concord NH 03301 i.
George W. Watson Esc.
Jack Dolan Federal Esergency Manageeent Agency Federal Energency Management Agency 500 C Street. 6.W.
442 J.W. McCoranck (PDCH)
Washington. DC 20472 Boston, MA 02109 George D. Bisbee, Esc.
Susanne Bretseth Assistant Attorney General Board of Selecteen Office of the Attorney General town of Hespton Fails 25 Capitol Street Ortnkwater Road Concord, NH 03301 Hampton Falls, NH 03944
Decket No.(stS0 443/444 9L LE GEMO. SINCLAIR LTR DTD 4/12 Leslie Greer. Esc.
Feter J. Br ann, Esc.
Nuclear Safety Unit Assistant Attorney Genera!
Office of tne Attorney General 044tte of the Attornev Beneral One Ashburton Flace State House Station, 46 Boston. MA 02106 Augusta, NE 04333 Allen Laepert Willies Armstrong Civil Defense Director Civil Defense Director Town of Brentwood Town of Easter 20 Franklin Street 10 Front Street Exeter, NH 03B33 Easter, NH 03933 Anne Goodean. Chairman Bearo of telecteen Michael Santosuosso. Chaireen 13-15 Nemterket Roac Boarc of Selecteen Durhas. NH 03614 South Hampton NH 03B27 R. $cott H111*Whnlten. Esc.
$tanley W. Knowles. Chairman Laoculas. Hnll Whilton L Rotor.dn bDare c4 Selecteen 79 State Street F.0. Det 710 Newbut voor t. MA 01450 North Haepton. NH 03B62 Norman C. Katner Bandra F. Mitchell lucernntendent c4 Echools Civil Defense Director School Administratnve Unit No. 21 Town of Kensington Aluenn Ortve Box 10, RR1 Hamoton, NH 03B42 East Kingston, NH 03027 Michael C. $1nclan t Gravstone Eser19ncy Managesent Associates 13 Suseer Street Hillsboro, NH 03244 Dated at Rockville, Md. this
[2 17 day of April 1991 Office of the Secretary the Consission
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