ML20147G866

Comment Opposing NUREG-0654/FEMA REP-1,Rev 1,Suppl 1 Re Emergency Plan Implementing Procedures.Suppl Illegal as Interim Document & Relies Upon Unrealistic Assumptions.Suppl Should Be Rejected

ML20147G866
Person / Time
Site:	Seabrook
Issue date:	02/26/1988
From:	Brock M HAMPTON, NH, SHAINES & MCEACHERN
To:	Meyer D NRC
References
FRN-52FR45866, RTR-NUREG-0654, RTR-NUREG-654 52FR45866-00007, 52FR45866-7, NUDOCS 8803080331
Download: ML20147G866 (3)

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7ew [1b!Wyp6c David Meyer, Chief Program Procedures Branch Mailstop 4000 MNBB Washington, D.C. 20555

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Re: NUREG 0654 FEMA REP-1 REV-1 SUP-1

Dear Mr. Meyer,

The Town of Hampton hereby submits the f ollowing comments in opposition to NUREG 0654 FEMA REP-1 REV-1 SUP-1 ("Supplement"):

1. Interim use of the Supplement, as set forth on page 1 therein, violates the provisions of the Administrative Procedure Act by injecting regulations into operating license proceedings, including the Seabrook licensing proceeding, prior to a full and fair opportunity for public comment or lawful adoption of the supplement.

2. The Supplement is a bald attempt to circumvent the inherent and exclusive police powers of state and local governments to ensure the safety of their citizens. By imposing certain irrational "assumptions" onto operating license proceedings, FEMA, and the Commission, are plainly attempting to "assume" a workable evacuation plan, irrespective of numerous and substantial deficiencies in the plan. These deficiencies have led certain state and local governments in the Seabrook proceeding not to participate in an unworkable emergency plan.

3. The Supplement is a blatant attempt to role back emergency planning f or nuclear f acilities to pre Three Mile Island levels by allowing licensing of nuclear f acilities over the objections of state and local governments. It is clear that following TMI, the Commission itself recognized that the more stringent emergency planning rules then put in place would provide states def acto veto power over the licensing of nuclear facilities. Recognizing the substantial safety concerns raised by TMI, however, the Commission agreed to place this authority in state hands, which the present Supplement now seeks, unreasonably, to tevoke.

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Shaiins & McEachern Profenional Aswntion. Attorness David Meyer, Chief Page 2 February 26, 1988

4. The three assumptions which are at the heart of the Supplement are unreasonable, and contrary to common sense. The first assumption is that state and local of ficials will use their "best eff orts" to protect the health and safety of the public. While it can be expected that in the event of a nuclear emergency, certain state and local government officials, on an ad hoc basis, would likely attempt to respond, this hardly constitutes a "best ef f ort",

particularly where many government officials may experience role conflict and leave their positions, or delay an emergency response, in order to attend to their own families. FEMA has previously taken the position that an ad hoc emergency response is per se inadequate.

Embarrascingly, FEMA has now blatantly retreated f rom this position.

5. The second assumption provides that state and local governments will cooperate with the utility and follow the utility off site plan. Since the Commonwealth of Massachusetts, and many New Hampshire and Massachusetts communities, have already determined the utility off site plan to be grossly inadequate to protect the public safety, it defies logic that this demonstrated inadequate plan would be utilized for an emergency response during an actual emergency. As a practical matter, particularly during a fast breaking release emergency, it is likely that the state and local governments would proceed on an ad hoc basis to protect the public, particularly in view of the inadequate resources with which they would be equipped to perform such tasks as evacuation of the beach areas.

6. The final and most outrageous assumption provides that state and local governments have resources sufficient to implement the utility plan. Since a lack of adequate resources is a primary reason why the Commonwealth of Massachusetts and many local governments strongly believe the emergency plan is unworkable, and these entities are obviously more f amiliar with their own resources and capacities than the utility, it defies logic to assume these governments will in fact have sufficient resources to implement an unworkable plan.

Sh'aines & McEachern Professanal Aswriation Attorneg David Meyer, Chief Page 3 February 26, 1988 It is indeed a sad comment that PEMA has retreated f rom its more robust position of placing the public safety before the licensing of the Seabrook reactor. Essentially, the Supplement can only be construed as FEMA knuckling under to NRC pressure to license this f acility irrespective of the adverse public safety consequences. The supplement is illegal as an interim document and relies upon unrealistic assumptions. The Supplement should be rejected.

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• h'S truly yours, Matthew T. Brock h \ ' ' %~

Attorney for Town of Hampton MTB/jls

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