ML20080Q002

Reply to NRC Response to Seacoast Anti-Pollution League Supplemental Petition for Leave to Intervene Concerning Emergency Planning Contentions.Certificate of Svc Encl

ML20080Q002
Person / Time
Site:	Seabrook
Issue date:	10/07/1983
From:	Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20080P929	List: ML20080P924 ML20080P937 ML20080P945 ML20080P960 ML20080P968 ML20080P986 ML20080Q002
References
ISSUANCES-OL, NUDOCS 8310120141
Download: ML20080Q002 (9)

Text

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F1 LED: Oc t o be20CRE.TEb9 8 3 USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ..

13 OM 11 A10:22 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD CFFl0E Cf nc;;g .

00 CME?i>43 & Sgqq":

In the matter of: BRANCH .

PUBLIC SERVICE CDMPANY OF Docket Nos. 50-443 OL NEW HAMPSHIRE, et al 50-444 OL (Seabrook Statlon, Units 1 and 2)

SAPL'S LEPLY TO STAFF ' S RESPONSE TO SAPL'S SUPPLEMENTAL PETITION FOR

, LEAVE TO JNTERVENE The following constitutes SAPL's reply to objections raised by Staff concerning SAPL's local emergency planning contentions.

S AP L LP - 2 Staff interprets this contention as concerned solely with the identification of response organizations obligated to engage in public not i fication. The Staf f 's in terpre ta t ion i s incorrect. While SAPL does not expect the names o f speci fic, responsible individuals, It does expect an identification of the number of persons from each response organization required to do the job. This identification is crucial, since, as stated in the contention's basis; If the plans contemplate the use of police, fire, or other emergency personnel for this function, they must specifically so state, since engagement and notification will preclude

performance of other pressing dutles such as traffI's control, medical response, communications coordination, monitoring radiat ion, or any number of o ther du t ies assigned by the plans.

SAPL LP-8 Staff interprets this contention as being entirely unconcerned with the radiological decontamination of wounds. On the contrary, ,

SAPL is extremely concerned about the radiological decontamination of wounds, but is willing to address that issue within the context 8310120141 831007 G

PDR ADOCK 05000443 PDR

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ofSAPL LP-9, a contention for which neither the Staff or Applicants have filed an objection. Under the assumption that this point will be 1itigated .under SAPL LP-9, SAPL is wiiling to withdraw

" decontamination of wounds" from the list of issues in SAPL LP,-8.

SAPL LP-10 .

SAPL volun t ar i ly wi t hdraws SAPL LP-10 a s t he app ropr ia t e c ross referencing has now been provided to the parties.

SAPL LP-11 SAPL strenuously objects to the Staff's characterization of SAPL LP-11 on the ground that it " appears to be nothing more than an attempt to re-litigate evacuation time estimates." It is SAPL's position that such an argument res ts on invalid assumpt ions and goes directly to the meri t s of the content ion, an area which Staf f agrees is irrelevant to admissibility of the contention. Clearly, nei ther the state nor local emergency plans were available at the time that FSAR evacuation time estimates were litigated in August, and SAPL was not able at that time to make a determination as to whether behavioral variation would be addressed in the plans. Therefore, it could not possibly have filed contentions for the August hearings based .on this issue.

Further, to assume that the only factual consequence of behavioral variation is a lengthening of evacuat ion time is entirely incorrect. Indeed, SAPL's position is that emergency personnel resources in all the towns are insuf ficient to ensure a safe, orderly evacuation. The evidence will show that panic and other behavioral variations will require increased security personnel aswell as the increased provision for towing and other physical support services.

Behavioral impacts affect not only evacuation time estimates, but

-in fact the health and safety of evacuees. Therefore, the issue of behavioral impacts goes far beyond mere evacuation times, and must

. be analyzed by the Applicants within the context of the state and local RERPs. ,

Further, it is interesting to note that Staff cites NUREG-0654 planning criteria as being designed to " provide an orderly, safe evacuation and thereby minimize hysterical reactions and potential chaos." (Citing Lousiana Power & Light Company (Waterford Steam Electric Station, Unit 3), LBP-82-100, 16 NRC 1550, 1562 (1982)).

SAPL agrees wi th that s tatement. That is precisely why those criteria mandate an analysis of behavioral impacts. (See NUREG-0654, Rev.

1, Appendix 4, IV.B.

SAPL LP-12 It is no t SAPL's posi t ion that reduced reliabili ty of emergency personnel will only result in the lengthening of the time it will take to carry out assigned duties. Rather, although in some cases emergency' personnel may respond to duty after seeing to the safety L

of their f amilies, it may well be that many will not respond at all.

.Therefore, Staff's interpretat ion of SAPL LP-12 is incorrect on that point.

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SAPL LP-13 Again, Staf f has mischaracterized the nature of SALP LP-13 by suggesting that it is " limited by its basis to the Hampton Police and Fire Deptments." On the contrary, SAPL refers to the Hampton situation only as an example of the truthfulness of its contention in general. Al though SAPL will cer tainly define the applicat ion of 1.

i l

l this contention to specific towns during the discovery process, it refrains from doing so now, and stands on the language of the contention as submitted. In short, we refer to the Town of Hampton as an exaraple of the problem, and not the sole instance of the problem.

SAPL LP-14 .

It is SAPL's position that some statement of assumptions must be provided within the framework of the local plans. It is not our intention to state at this time what those assumptions should be.

However, i t- is not implicit in the contention or its statement of basis that SAPL is attempting an impermissible challenge to the Staff's commission regulations. Therefore, SAPL stands on the contention and its basis as submitted.

SAPL LP-15 The Staff does not object to this contention were it redrafted to assert the necessity of having " relevant" communications and

' informational material presented to the evacuee population in both French and English. SAPL therefore amends the wording of SAPL LP-15 to read as follows:

Procedures to provide early notification and clear instruction to the populous within the Plume Explosure Pathway EPZ required by 10 CFR Section 50.47(b)(5) are inadequate in that the plans do not provide for relevant bilingual messages for the large numbers of French speaking individuals who are often in the area in large numbers. In addition, SAPL would like to add as a third paragraph in its statement of basis, the following:

Examples of " relevant" communications which must be bi1igual include all information considered to be part of emergency notification, as well as protective response instructions related to evacuation, sheltering or any other protective response.

SAPL LP-17 i

SAPL s trongly urges this Board to allow li t igat ion of evacuat ion time estimates with respect to the recent Evacuation Time Study submitted as Appendix E to the local RERPs.

This study was not available prior to September, and therefore was not litigated in Phase 1 of these proceedings.

Moreover, the study was prepared spec i f i ca l ly i n a cco rdance wi th t he requ i r emen t s o f NUREG-0 , and 6 54 is meant to provide the evacuation time estimate guidance for the state and local RERPs.

Appendix E involves different methodologies, different data basis, and produces different results than the evacuation time estimates 1itigated in August with respect to the App l i can t s ' FSAR.

Therefore, cont en t ions based on the newly released Evacuation Time Study are not res judicata with respect to Phsse I of these proceedings.

In support of its position, SAPL wishes to point out the observations made by the Appeals Board in the Order or August 26th.

In commenting on this Board's partial summary disposition of time estimate issues, the Appeal Board stated:

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"Moreover, we are unprepared to assume for present purposes that there is a high probability a further contention puttha fortht the Licensing by the Coalition Board would reject as un t im once actual and evacuat ion announced. In rou tes have been selected adopting is Catawaba-rationale, the Commission expressly relied on the t radi t ional willingness of Licensing Boards to apply the lateness criteria admit generously to of good la te-f iled saf ety conten t ions on a showing cause.

licensing board (Footnote omitted.) And the appears to understand responsibilities in this its regard." (See Memorandum and Order, August 26, 1983 at 8-9.)

Clearly, and in this instance, E

the unavail6bility of Appendix until recently meets the requisite " good cause" threshold.

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Therefore, SAPL reserves its right to submit contentions based on that document within the 30-day time frame approved by this Board.

SAPL LP-18 The Staff has objected to the admission of this contentibn on the grounds that it does not specify the resources or the towns

• involved with sufficient detail to put the parties on notice as to what they will be required to defend against or oppose. It should be noted that the Applicants, on the other hand, do not oppose

. admission of this contention as worded, in order to address the Staff's concern in this area, SAPL proposes to amend the SAPL LP-18 statement of basis to read as follows:

Basis: Although the plans provide that the towns may seek outside assistance for various purposes, including transporation and material deficiencies, there has been no assessment of the scope and extent of aid that may be needed, nor are there any explicit written agreements to confirm the arrangement and the availability of resources. An example of the resources which will be needed, but are not verified through agreement letters, are bus transporation services, emergency medical vehicle services, emergency medical facilities, and other similar support services. Although the towns will rely upon the New Hampshire Civil Defense Agency to fulfill many of these needs, there are no specific agreements to that effect, and there has been no delineat ion of how the agency will fulfill this role.

Fu r t he r , NUREG-0654 exp li ci t ly requ i r es wr i t t en agreement s referring to the emergency measures to be provided and the mutually acceptable criteria for their implementation as well as the arrangements for exchange of information. To date, none of these letter agreements are in place with respect..to any of the personnel or recruitment support mechanisms established under the local plans.

SAPL hopes that the examples included in the above statement of basis will satisfy the concerns of the Staf f. SAPL also reiterates the point made in its Petition that this contention applies to all towns within 'the EPZ.

SAPL LP-19

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Staff opposes the admission of this contention on the basis that it does not delineate the specific plans and roads involved.

Fi rs t , SAPL wi shes to no te i t s expli ci t s ta temen t tha t all con ten t ions would apply to all local RERPs unless otherwise stated. Second, SAPL specifically refers to egress routes in the wording of the .

contention. The egress routes are the roads which should be analyzed for flooding potential in the plans. In general, SAPL believes its concerns would be addressed through a detailed analysis of the EPZ flood plan areas and their proximity to evacuation routes, along with the probibility of route flooding and the potential for impact on protective responses in the event of egress route impassibility over an extended period of time.

SAP L LP- 2 0 SAPL stands on the language of SAPL LP-20 as submitted. For the same reasons as those raised wi th respect to admi ss ions SAPL LP-11,'SAPL asserts that the issue of evacuation time estimates with respect to the state and local RERPs as given in the recently completed Appendix E are not res judicata. They rely upon different data sources, have.been adopted for use in accordance with the local

. planning criteria, and contain di f ferent results than those apparent in the FSAR estimates. Therefore, SAPL asser t s that consideration of these issues is entirely proper in this phase of the proceedings.

SAP L LP-22 Staf f objects to the admission of SAPL LP-22 as currently draf ted because it -is unclear as to whether the contention applies to the monitoring of emergency personnel or of evacuees. The Applicants have no objection to 't: admission of the contention as worded. ,

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Since the Staf f appears conf used by the meaning of the second sentence of the statement of basis, SAPL is willing to delete that sentence entirely. SAPL believes that the meaning of the contention and its statement of basis is clearly focused on the monitoring needs of emergency personnel and not evacuees. Theref ore, SAPL s tands on the

• remainder of the contention and basis as originally drafted. A redrafting of the contention into several contentions serves no useful purpose and would run contrary to this Board's desire for

. judicial economy in contention management.

SAPL LP-23 SAPL wi thdraws thi s con ten t ion as worded bu t reserves the right to submit addi t ional content ions based on the recent Evacuation Time Study (Appendix E) submitted for consideration by the Applicants.

SAPL's position is no longer that time estimate > in a v e not been provided, bu t ra ther tha t those which have been provided in Appendix E rely on invalid assumptions and incorrect calculations. SAPL's contentions on this matter are nearing completion and will be submitted shortly. SAPL cont inues to object to the S taf f's posi t ion that all issues related to evacuation time estimates have been foreclosed from further adjudication.

l l Respectfully submitted, l Seacoast Anti-Pollution League By its attorneys, BACKUS, SHEA & MEYER A'

By. M }A ,.- l, . ,,--;,-

/Z' s x &~ ,,

Gobert A. Backus 116 Lowell St., Box 516 Manchester, N.H. 03105 Tel: (603) 668-7272 October 7, 1983

CERTIFICATE OF SERVICE DOCKETED Brian Cassidy Helen Hoyt, Chm. Tho.41!MCG. Dignan, Esq.

Fed. Energ. Mgmt. Agcy. Admin. Judge Ropes and Gray Region I Atomic Safety & Lic. 925 P' ni Street J.W.McConr.ack POQi Board - U.S. NRC Noko , 3110 Boston, MA 02109 Washington, DC 20555 Sen. Gordon Humphrey . er H bour 00Q5$NkN Attn: Tom Burack ud 0FFICc OfS! @=ofuh. dhd Servic the Secretary Atomic Saf ty LLic.

U.S. Senate U. S. NRC Washington, DC 20510 Washington, DC 20555 a1 ngton D 20555 Sen. Gordon llumphrey Roy P. Lessy, Jr., Esq.

Robert L. Chiesa, Esq.

Atta: Herb Boynton Office of Executive 95 Market Street 1 Pillsbury Street Legal Director Manchester, NII 03101 Concord, MI 03301 U.S. NRC Washington, DC 20555 Phillip Ahrens, Esq.

Asst. Atty. General Jane Doughty Town hhnager's Office State House, Station #6 Field Director SAPL Town Hall - Friend St. Augusta, ME 04333 Amesbury, SM 01913 5 Market Street Portsmouth, NH 03801 Donald E. Chick Anne Verge, 01airperson Board of Selectmen rwna Bisbee -

Town Mana;;er httorney General's Office!

10 Front Street TUS" II"ll S . Ilampton, NII 03842 State of New Hampshire Exeter, NI 03833 Concord, NH 03301 Of'fice of Selectmen #* Emmeth A. Luebke David R. Lewis Admin. Judu Town of North Hampton ,

Atomic Safety & Lic. Brd.

North Hampton, MI 03862 Atomic Safety & Lic. U.S. NRC - Rm. E/W-439 Board - U.S. NRC Washington, DC 20555 Washington, DC 20555 Jo Ann Shotwell, Asst. AG Calvin A. Canney, One Ashburton Place, 19th City Mgr.-City Hall Floor 126 Daniel Street Boston, MA 02108 Portsmouth, NH 03801 Onrles Cross, Esq. William S. Jordan, II, Esq. Mr. Angie Machiros, Chnm.

25 Maplewood Ave. Ellyn R. Weiss, Esq. Board of Selectmen p.O. Box 366 1725 1 Street, N.W. Town of Newbury Portsmouth, NI 03S01 Suite 506 Newbury, MA 09150 Washington, DC 20006 Edward Meany Dr. Marav Tve, President Sandra Gauvutis Town of Rye SunValleyhssoc. Town of Kinsington 155 Washington Road 280 Haverhill Street RFD 1 Rye, NI 03870 inwrence, in 01840 East Kensington, NH 03827 Alfred Sargent, Chm. Richard E. Sullivan, Mayor Brentutx>d Board of Selectmen City Hall Board of Selectmen RFC Dalton Road The of Salisbury,MA 01950 Newburyport, MA 01950