ML20150C658
| ML20150C658 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/14/1988 |
| From: | Cumming W, Hock J, Keller J Federal Emergency Management Agency |
| To: | |
| References | |
| CON-#188-5859 OL, NUDOCS 8803210143 | |
| Download: ML20150C658 (35) | |
Text
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1 UNITED STATES CF AMERICA NUCLEAR REUJLATORY COMMISSION BEFORE THE ATCMIC SAFETY AND LICENSING BOARD JUDGE IVAN W. SMITH, CHAIRMAN JUDGE JERRY HARBOUR JUDGE GUSTAVE A LINENBERGER, JR.
)
In the Matter of
)
)
Public Service Co. of New Hampshire,
)
Docket No. 50-443-CL et al.
)
50-444-CL
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Offsite Emergency (Seabrook Station, Units 1 & 2)
)
Planning Issues
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.I TESTIMONY OF DR. JOAN HOCK, JOSEPH H. KELLER AND WILLIAM R. CUMMING CN BEHALF OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY ON SHELTERING / BEACH PCPULATION ISSUES INTRODUCTION OF WITNESSES (Dr. Hock)
I am the Chief of thJ Technological Hazards Division, Office of Natural and Technological Hazards Programs, State and Local Programs and Support Directorate, Federal Emergency Management Agency (FEMA).
(Keller) I am employed by Westinghouse Idaho Nuclear Company as a Fellow l
Scientist at the Idaho National Engineering Laboratory, a Department of Energy Laboratory.
(Mr. Cuming) I am an attorney in the Program Law Division of the Office of General Counsel, FEMA.
8803210143 880314 PDR ADOCK 05000443 T
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s (Hock, Keller, Cuecing) Our Statements of Professional Qualifications are included in this testimony as Attachments A 3, and C, respectively.
i BACKGROUND (Hock, Keller, Cumming) Our testimony addresses several issues, The first is whether the requirement for a range of protective actions specified in Planning 3tandard J of NUREG 0654/ FEMA REP 1, Rev. 1, applies uniformly to each special population within the EPZ.
A closely related issue is whether the requirement for a range of protective actions has been met with respect to the summer beach population in the New Hampshire portion of the EPZ.
We also consider the issue of whether the decision by the State of New Hampshire not to shelter the summer beach population except in very limited circumstances is supported by a technically appropriate basis.
(Hock, Cumming) The NRC Staff has advised FEMA that it does not interpret its regulations to require sheltering for each segment of the EPZ population.
In the Supplemental Testimony which was prefiled on January 25, 1988, FEMA stated:
(a) that it is appropriate to consider further the adequacy of the emergency response plan for the transient population of the beaches within the Seabrook Emergency Planning Zone (EPZ) during the summer, that is, from May 15 to September 15, as indicated in the New Hampshire Radiological Emergency Response Plan (NHRERP); (b) that the requirement of NUREG 0654/TEMA REP 1, Rev. 1, for a "range of protective actions" may or may not be satisfied by evacuation alone: (c) that FEMA cannot conclude that the NHRERP is adequate with respect to that beach population until it is clear that the State of New Hampshire has considered the use of sheltering for the transient beach population and explains what use, if any, it intends to make of sheltering. This latter point FDIA TESTIMCNY ON SHELTERING /
BEACH POPULATION ISSUES, Page 2.
l should not be interpreted to mean that FD4A has imposed a l
requirement that sheltering be available.
If the Sttste of New Hampshire intends not to employ sheltering for the transient beach population (which is not presently clear from the NMRERP), then FEMA expects the State to develop the rationale for such a choice and provide it to FEMA for review.
The SEMA Supplemental Testimony of January 25, 1988, is attached as Attachment D.
The materials submitted by the State of New Hampshire make it clear that it has considered the use of sheltering for the transient beach population and explains what use, if any, it intends to make of sheltering.
It also provides a rationale for the State's choice which is technically supportable. As a consfffence, FEMA now finds that the provisions in the NHRERP regarding planning elements J.9. and J.10.m. of NUREG 0654/ FEMA REP 1, Rev. 1, are adequate with respect to the summer beach population.
The profiled Testimony dated September 11, 1987, is outdated. We adopt a
the FEMA Supplemental Testimony filed on January 25, 1988, to the extent that 4
it is consistent with this testimony and incorporate it by reference. The focus of this testimony is primarily two-fold: our position is based on both legal and technical considerations.
(Cumming) Legal considerations were a very important influence.
In the discussion which follows, my purpose is not to present a legal argument, but to present as accurately as I can the history of how FEMA developed its position. For this reason, I will follow a chronological sequence.
In a memo to the Regional Assistance Committee dated December 31, 1985, Edward A. Thomas, Chief of the Natural and Technological Hazards Division, l
Region 1, FEMA, identified the summer beach population within the EP2 as a i
1 special planning issue, i
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I FINA TESTIMONY ON SHELTERING /
BEACH POPUIATION ISSUES, Page 3.
The June 18, 1986, letter from the Chief Hearing Counsel of the NRC Staff to the General Counsel of FEMA, which has been served on the parties to this litigation, dealt in part with the question of minimum dose reduction.
It expressed the position that no pre-set minimum dose reduction was required for offsite emergency 31ans to be acceptable and that such plans were intended to cope with a range of accidents, not a single accident.
The Commission ruled, on July 24, 1986, in the Long Island Lighting Company (Shoreham) case (24 NRC 22, 29 (CLI-86-13 1986)) that emergency planning requirements do not require that an adequate plan achieve a pre-set minimum radiation dose savings or a minimum evacuation time for the plume exposure pathway emergency planning :ene in the event of a serious accident:
rather they attempt to achieve reasonable and feasible dose savings under the circumstances.
On February 18, 1987, Dr. Robert Bores, Technical Assistant, Division of Radiation Safety and Safeguards, NRC Region I, King of Pruss;a, Pennsylvania, sent a letter to Edward A. Thomas expressing the view that the NHRERP does achieve significant dose savings for the transient beach population and that there are a number of special circumstances which work together to lessen the risk. At the next meeting of the Regional Assistance Committee (RAC), in April, 1987, a consensus was reached that the issue had been adequately treated in the NMRERP. FEMA was prepared to endorse that position in testimony before this ASLB.
The proposed rule change dealing with the evaluation of utility-sponsored emergency response plans, published by the NRC at 52 Fed. Reg. 6980 (March 6, FD4A TESTIMCNY CN SHELTERING /
BEACH POPULATICN ISSUES, Page 4.
e 1987), included a comment that offsite emergency response plans in general were not to be judged by any specific quantitative standard. This view was reiterated with the publication of the final rule change at 52 Fed. Reg.
42,078 (November 3, 1987).
Dr. Bores'S letter of June 4, 1987, to Edward Thomas essentially repeated the views stated in the earlier letter, but the most notable difference was the omission of any reference to the containment structure at Seabrook Station. The foreknowledge that this second letter would be sent prompted FEMA to review the beach population issue. This letter was delivered to Mr.
Thomas only hours before FEMA's Statement of Position was filed and served on the parties.
On June 4, 1987, FEMA filed a Statement of Position which took the position that, until the beach population issues were resolved, it could not make a finding of reasonable assurance.
The testimony which FEMA prefiled on September 11, 1987, reiterated the position taken on June 4.
At the start of the current hearings in this case on October 4, 1987, Sherwin Turk, Counsel for the NRC Staff, filed a proposed rebuttal plan with this Board, outlining the testimony which the NRC was considering offering.
It included a statement that NRC's regulations were not contravened by the absence of shelter for the beach population.
On October 15, 1987, Dr. Bores sent to Sherwin Turk an account of the RAC meeting of July 30, 1987 in which he expressed the view that the lack of a reference to the Seabrook containment in his letter of June 4, 1987 made no FEMA TESTIMONY CN SHELTERING /
BEACH PCPULATICN ISSUES, Page 5.
s i
i difference in the technical rational or conclusions.
i On November 6, 1937, the ASLB heard arguments on the admissibility of -
testimony of Stephen C. Sholley, et al. At that time, counsel for the NRC cited the material published with the final rule at 52 Fed. Reg. 42,078 (November 3, 1987) and the Commission's ruling in the Shoreham case (24 NRC 22, 29 (CLI-86-13 1986)).
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On November 16, 1987, this Board ruled from the bench that the proffered testimony of Stephen C. Sholley, et a., was not admissible, citing as
_ l controlling the Commission's ruling in the Shoreham case (24 NRC 22, 29 I
(CLI-86-13 1986)).
On November 30, 1987, Sherwin Turk wrote to Stephen Olesky, Deputy Attorney General of the Commonwealth of Massachusetts, and indicated his perception that FEMA's profiled testimony was based on an erroneous legal 6
standard.
On January 7 and 8, 1988, the RAC met and the majority of the RAC endorsed the views stated in Dr. Bores's letter of June 4, 1987.
FEMA filed its Supplemental Testimony on the Sheltering / Beach Population i
Issues on January 25, 1988.
On February 11, 1988, the State of New Hampshire submitted to FEMA a I
i l
Response to FDiA's Supplemental Testimony. This was followed by additional material on February 19, 1988.
P I
4 On February 18, 1988, Sherwin Turk sent a letter to H. Joseph Flynn, FEMA counsel, affirming FEMA's understanding that NRC Staff's interpretation of its i
i regulations did not require sheltering for all accidents at all times and at l
h FD4A TESTIMONY ON SHELTERING /
BEACH POPULATION ISSUES,- Page 6.
all locations within the plume exposure EP2.
The RAC met and discussed the state of the plans for the summer beach population on February 29, 1988. The majority reaffirmed its position that the NHRIRP was adequate in its treatment of the summer beach population.
Over the period encompassed by the foregoing discussion, it became increasing clear to FEMA that to require sheltering for the transient beach population as a condition of a finding of reasonable assurance is inconsistent with the precept that emergency planning requirements do not require that an adequate plan achieve a pre-set minimum radiation dose savings or a minimum evacuation time. This testimony reflects that realt:ation as well as deference to the NRC Staff on its interpretation of the requirement for a range of protective actions. FEMA agrees with that interpretation.
TECHNICAL APPRCPRIATENESS ANALYSIS (Hock, Keller) On page 2 of the prefiled Supplemental Testimony of Janua ry 25, 1988, FEMA stated that it expected the State to consider the use of sheltering for the transient beach population and explain what use, if any, it intends to make of sheltering.
On February 11, 1988, Richard H. Strome, Director of the Office of Emergency Management of '.he State of New Hampshire wrote to Mr. Henry G.
Vickers, Regional Director of FEMA Region I, enclosing a document entitled "New Hampshire Response to FEMA Supplemental Testimony" which presented the l
State's justification for choosing to use sheltar in the beach areas only in limited circumstances. In essence, the justification is that sheltering for l
FEMA TESTIMONY ON SHELTERING /
BEACH POPULATION ISSUES, Fage 7.
l
the transient beach population is a protective action of limited usefulness in reali:ing dose savings, regardless of the season (page 1) and that the public is much more likely to be afforded meaningful dose reductions by moving out of the EPZ than by moving to a shelter within the EPZ (page 2).
The February lith submission considers an evacuation of the general beach population in the vicinity of the plant as a protective action strategy at the Alert level.
In the case of transit dependent transients, temporary sheltering as it is outlined in the proposed plan changes is sensible because it does not delay their evacuation.
(Keller) The response by New Hampshire to the FEMA Supplemental Testimony is adequats in concept. The transient beach population is treated as a special population and the special considerations afforded this special population include peecautionary actions such as early beach closure at Emergency Classification Levels (ECLs) prior to the necessity for considerations of protective actions for the general public.
ECLs range from Notification of Unusual Event (the least severe) through Alert, Site Area Emergency, and General Emergency (the most severe). The current NHRERP calls for beach closure to be considered at the Alert ECL and implemented no later than the Site Area Emergency ECL. For these ECLs there will be no significant doses associated with beach closure as a precautionary l
action.
It is FEMA's understanding of NRC's current guidance and internal j
response procedures, as stated in NUREG 1210. that initial protective action decisions for areas near the site should be based on plant status without l
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FEMA TESTIMCNY CN SHELTERING /
l BEACH p0PUIATION ISSUES, page 8.
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l inclusion of calculations of projected doses unless a release of radioactive I
material is already underway. The basis for the im.e.ediate evacuation of the close-in areas without dose calculations is based on the fact that, unless a release of radioactive material is underway, there is little or no likelihood of having reliable predictive information needed to perform dose projection i
calculations. The information necessary to make an accurate calculation would include the projected duration of a release, the time at which such a release would begin, and the magnitude of a projected release.
1 In addition, in severe accident sequences the total dose potential is a
comprised of several components. These are the direct exposure from immersion in the plume, cloud-shine from a plume overhead, exposure from inhalation of i
the plume, and ground-shine from deposited radionucliites. The exact relationship among the various components will vary with time and distance from the point of release; however, in severe accident sequences the ground-shine component is most likely to be the major contributor to total dcse if no protective actions are taken, In those cases, if the dose reduction strategy is sheltering first I
f followed by an evacuation after plume passage, the total dose reduction would not be as great as that for the immediate evacuation strategy. The sheltering part of the strategy reduces dose primarily from the plume immersion and inhalation component.
In the New Hampshire submission, the dose reduction factor escribed to the available shelters is 0.9.
That means that an i
individual inside such a shelter would receive 909. of the plume immersion dose I
he or she would receive without shelter. Another way of expressing this l
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TD4A TESTIMONY CN SHELTERING /
l BEACH POPULATION ISSUES, Page 9.
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measurement is to say that a building with a dose reduction factor of 0.9 provides a dose reduction of 10%. _
The dose reduction for the inhalation dose is greater than 10%, but approaches zero depending on the rate at which outside air, the plume, infiltrates the shelter. It is generally accepted that after two hours, the effectiveness of a shelter to reduce the inhalation exposure begins to degrade. For the "unwinterized" structures in the New Hampshire beach areas, this degradation would likely begin much sooner.
During the evacuation after plume passage, the individual previously in shelters would still receive the ground-shine dose, potentially the major component. Therefore, sheltering followed by evacuation is likely to be a less effective means of achieving dose reduction than evacuation alone, particularly for sever accident sequences.
In the immediate evacuation case, as stated above, the dose reduction involves the ground-shine component. The exact dose reduction which would result in most cases is difficult to predict due to the many potential combinations of the geometries of the plume and the evacuation routes.
In the extremely rare casa where the evacuation routes coincide with the plume path, an estimate of the dose reduction can be made.
Because of the dispersion and dilution of the plume as it moves downwind from the point of release, the dose rate decreases with distance. The rate at which the dose rate decreases as a function of distance (r) from the source can be approximated by an inverse power series (r**, where a varies between 1.5 and 3 depending on the atmospheric stability class). Generally speaking, the closer an area is to FD4A TESTIMONY ON SMC.TERING/
BEACH POPULATION ISSUES, Page 10.
0 the point of release, the greater the potential dose savings to be achieved by early evacuation.
By implementation of the immediate evtcuation strategy, dose reduction greater than those to be derived from a "shelter first-evacuate later" concept can be obtained by movement of the population relatively short distances even in the extremely unlikely case where the plume track and the evacuation routes coincide.
CCNCLUSICH (Hock, Cumming) The requirement for a range of protective measures has been satisfied even though the State of New Hampshire has chosen not to shelter the suxcer beach populs. tion except in very limited circumstances.
With respect to the summor beach population, the planning elements J.9. and 1
J.10.m. of NUREG 0654/FDdA REP 1, Rev.1, have been met.
There exists a i
technically appropriate basis for the choice made by the State of New Hampshire not to shelter the summer beach population except in very limited 1
circumstances. At the same time, whenever this choice is incorporated into the NHRERP, implementing detail will be necessary.
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FadA TESTIMCNY CN SHELTERING /
BEACH POPUIATICN ISSUES, Page 11.
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ATTACHMENT A
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Dr. Joan C. Hock 4982 Sentinel Dr.
Sumner, Md. 20816 Telephone: 202-673-5390 Top level Ph.D. economist and policy formulator in commercial and industrial sectors. Currently U.S.
Government Director for an economic impact assessment program. Formerly Division Director and Chief Economist for Assistant Secretary, Dept. of Energy and International Trade Administration on economic issues affecting the international position of U.S. industry.
Highlights:.
For the National Oceanic and Atmospheric Administration, a U.S. Government program, provides environmental assessments to more than 100 countries, directs environmental data into economic management and decisionmaking, and develops envirormental forecasts that involve the processing of more than a billion bytes of data annually.
Spokesperson for the Department of Commerce (DOC) on
. environmentel issues surrounding economic development in Africa, Asia, and South America.
Presented Congressional testimony to the Science and Techno-l logy Committee and Joint Economic Committee, as well as tc international audiences at the International Monetary Fund, World Bank, United Nations, and Organization for Economic Cooperation and Development (OECD) on economic development and j
environmental monitoring.
Broad executive experience in international trade issues, U.S.
i representative to OECD and Berlin Summit. Presented economic development issues from private sector perspective.
f Experience:
i l
Netional Oceanic and Atmospheric Agency (NOAA1., 1980 to date.
l 1
. Director of Assessment and Information Services. June 1980 to date.
Prepared multi-million dollar reimbursable assessment project including interagency negotiations, Congressional liaison activities, contracts, and user relations. Directed more than 70 employees and participated in top management decision-making in an organization with 12,000 employees and a
2
$1 billion annual budget. Designed data processing system to retrieve digital and analog data for operational economic assessments for State Department and designed configuration of personal computer software system to train economists and scientists in 29 countries.
International representative for the U.S. Government on issues surrounding space prograns and computer systems at the Bonn and Berlin Summit Meetings. Led U.S.
delegations to over 20 countries and chaired seminars for scientists and policy makers at the United Nations, Economic and Social Commission Asia and the Pacific, Food and Agriculture Organization, United Nations Development Program, World Bank, and the International Monetary Fund.
Department of Energy, 1975-1980.
. Division Chief Regional Assessment Program. August, 1978 to June, 1980.
Responsible for broadly based econometric analysis covering the status and projected performance of U.S.
onergy pro-ducers. Coordinated research on trends and outicoks for U.S.
petroleum.and coal industry with those parts of DOE and other agencies responsible for domestic policy. Supervised major engineering and economic assessment program involving management supervision of five energy research laboratories.
. Branch Chief. Industry and Residential Energy Program, Assistant Secretary for Conservation and Renewable Energy.
October, 1975 to August, 1978.
Research and modeling experience in trend analysis for U.S.
industry. Developed a collaborative research program with DOE and industry to address risk and uncertainty issues associated with innovative U.S.
technologies and products.
Coordinated program results with parts of DOE and other I
agencies responsible for domestic policy development and multi-sectoral matters affecting international position of U,S.
energy industry. Represented Department to Energy Committee, OECD.
l
. Department of Commerce, 1972-1974.
l
. Chief Economist. Domestic and International Business Administration, (DIBA). October, 1972 to May, 1974.
Directed broadly based econometric models with Data ~ Resources l
Inc. (DRI), Wharton, Battelle covering the status and l
3 performance of U.S.
Industry. Directed economic studies and cross-sectoral econometric forecasts to determine the economic impact of regulation on U.S.
industries, anticipate international problems of U.S. industries, and determine the market advantage to foreign producers.
PROFESSIONAL AND ACADEMIC QUALIFICATIONS:
Wharton Graduate School of Arts and Sciences, University of Pennsylvania, 1968-1973, Ph.D. Economics 1973. Presidential Fellts 1970-1973.
University of Illinois, Graduate School of Arts and Sciences, 1966-1968, Scholarship 1966-1968, M.A.
Economics and Planning 1968.
American University, School of Government and Public Admin-istration, 1964-1966, B.A.
Economics and Public Administra-tion with Academic Honors 1966.
Outstanding Professional Evaluations - 1983, 1984, 1985 with bonuses.
Member, Western Economics Association, 1968 to date.
Member, Regional Science Association, 1970 to date.
PUBLICATIONS AND OTHER DISTINCTIONS:
1973. Ph.D. Dissertation: The Economics of the Electric Industry, University of Pennsylvania.
1974. The International Effects of Environmental Regulations on International Trade, DIBA, DOC.
1984. "Global Monitoring of Environmental Resources",
International Technology Journal, Enschede, Netherlands.
1985. Earth Observations: Technology, Economics and International Cooperation, National Academy of Engineering and Resources for the Future Symposium, Explorations in Space Policy: Emerging Economic and Technical Issues.
1986. "Preliminary Notes on Geographic Information Systems",
International Technologs Journal, Enschede, Netherlands.
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ATTACHMENT B
JCSE'cH H. FM FCCFESSICNAL CUALITICATIC1G Th:.caticn:
Bachelor of Science in c.enistrf, Washirgten College, C.estertcwn, MD, 1956.
i Master of Science in Incrganic C.emistrf, Penrsylvania State University, University Park, PA,1958.
Graduate Assistant in Chemistrf, Penrsylvania State University, University Park, PA, 1958-61.
Professicral Pesiticrs: 1961-1966 l
Assistant Professer of cramig at Idaho State University, Pocatallo, ID.
Paspersibilities included teachig. courses in freshman chemistry, quantative aralysis, irstru:nental aralysis, l
advanced incrganic chemistry ard lal:cratcry radiochm%(.
I 8/66 - 10/73 E:::plcyed at the Idaho Naticral Dyira% Laboraterf in Idd.o Falls, ID (then called the Naticral Reactor Testirg Station).
'Iha sita is government owned and ar* ministered by the Depamt of Erargy F-% ani Develegnent Agency. I was e= ployed by one of the cperatirq centracters, initially Idaho Nuclear Corp.
followed by Allied chemical corp. My positien was a technical cne in the research and develegnent area of fissien protxt behavicr and preperties.
10/73 - 6/74 E= ployed as research scientist by Nuclear Envilu: mental Services divisicn of SAI, Inc., Idaho Falls, ID.
respersibilities i
irciudad wiucct sur: pert en perf-TLe rad waste prming equip:nent in a BWR and aralysis of sources of inplant radiaticn exposure to workers.
6/74 - 12/78 E=plcyed as scientific ard ergineering super /iser by Allied chemical Ccrpcraticn at the Idaho Naticral Dgheeri.g Izleratcrf. Paspersibilities beluded supervisien of a research I
lateratcry involved with aralysis of fissicn prote.ct levels in irradiated r:uclear fuel speci:ners ard aralysis of the fissien product centent of sa::ples of the wrlds 1st h' ratural fissicn reacter ard the super /isien of an aralysis labcrater/ fer enviru= ental sa=ples. Ccnducted w.uset research in supper cf 1GC.
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cesium arri i
vegetatien trarsfer of stable f
Evaluated soil to strent.ium, l dge en scavenging in the Faviewed cu m state of kncw ei line by rain er snew.
SIS envim nent ai: terne radic oat Indian Point and Sh Testified as mA witness nt Irseitute.
j er at FDA Ece:gency Marageme hearirx1 h
Adjunct facility me:
"Fatentien of Icdine b ane O. Car *m,
ilters and a Fcrcus Silver Me= rMa Publicaticns:
J. H, Faller, F. A. Duce, arxi ).
cn Selected Particulate FBeirx; Ccnsidered for th i t i J. H. Faller, "A Highly Effic en W. J. Maeck, D. T. Pence, arx Inczganic Adscrber for A1.rt:cIneCc*d:er 1968 Develegnent Studies", IN-1224 T. Iakey, D. E. Black, f Xencn R. L. Nebeker, J. H. Faller, L.i dler, "Centainment E e 1971 W. P. Palica, and R. E. Sch nUnder Si=ulated I. css-of-Coo and IodirAthe Centamiratien-Decentam ra H. Faller, B. Kahn i
f I
"Detailed Measurements od Ihree
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B. Weiss, P. G. Voilleque, J.
i A. Martin, and C. R. Phillips, in Air, Vegetaticn, and Milk Aroun 5
Sites", NCREG-75/021, Ma.% 197 L. Trtz:p, and J. H. Faller, ed i d Nuclear Cerstants and SuggestW W. J. Maeck, F. W. Spraktas, R."AralyHml R i n of CKI.O Fissicn P.the Oklo Fhen
- ille, Correlations for the Evaluat oIAEA Interration 975 Gabon, IAEA-SM-204/2, June 1L. Dickersen, J. E. Del:
, and R. L. Trc=p, d the Use of W. J. Maeck, W. A. Emel, L.
J. H. Keller, E. A.2pP.1 Del Fissicn Yields anDeber 1975 as a Burnup Manitor", ICP-1092,H. Faller, arri B Regarding F.w",
TREE-ll78, N. D. Dyer, E. B. Neischmidt, e.J.
"Prt:rwhmms Scurre Term Measu Cctcher 1977 Bunti:x;, S. G. M:tes, V. McIsaac, T. E. C=x,R, Crxie N. D. Dyer, J. H. Faller, R. L.
S. T. Crcney, D. W. Akers, C.
ts at Ft. Calhoun R. L. Kyrasten, S. W. Duce, D.
"In-Plant Scurce Tezm Measuremen July 1978 0
Statien-Unit 1",
NCRD3/CR-104,
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12/78 - preser.t Doc:n Nuclear E::plcyed as scientist by Allied C.e:nical Corp.,
Idaho Nuclear emar:y, Inc. (after 3/1/94), at the IdahoPaspersibilities inc t
< M ratcry.
c a:cract sp to NRC ard FD!A.
Radiolcgical Attended FD!A crientaticn trai:tirq course enE:ner t Perscnnel.
ed ai::crne radioicdirs D W.ence:Preve existence of previcusly unW species to be hypoicdcus acid.
e i s che:nical fer-s Develcred sa=pling device to differentiate var cu of aiWe radioicdine.
iderne radioicdine.
Develcped ircrganic adsczt:ent to retain ad prnca" Measured gasecus fissicn products in effluents ar strea=s in 5 M 's sta*Jers.
nts to assess Perfmmad effluent ard enviIuuental :neasureme icdine-grasseJ.1k dese pathway at BWR's.
f radioicdine at a Mada effluent arri envircnmental :neasurements o 4 i rut.
phamacat.ical plant to assess erMrenmen*i i ens to datamine amnately the f ss en Aralyzed fuel sM flux regien of the neutrcn spectra.
l yields in the fast cr ccnversien rr I
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Aralyzed fuel sy4mers to establish breed rqin 3H in 14C and Develeped a sa=pling device for aidernenuclear ptwic:a to measuzu ::cvement of o that the Participated in erui6.radicmc14daa through precess mer ala can be evaluated.
d predictive i l IER off-gas Resp::rsible for technical evaluaticn of m-em a i
irstr entaticn to 8.
SYste:
Evaluated applicability of off-site, real-t mede in accident situaticrs.
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ATTACHMENT C o
WILLIAM R. CL'MMING 4243 Vacation Lane Arlington, Virginia 22:07 (703) 527 3919 m
PROFESSIONAL QUALIFICATIONS Offer over fifteen years expenence in a senes of increasingly signiGeant public policy positions where legau admmistrathe knowledge was used to achieve pnonty management objectnes. Areas of expertise include:
Legal Administration - History of success in coordinating difficult policy and legal issues.. expert in developing systems and procedures for detecting and controlling fraud r.ad abuse of governmental programs... experienced in developing legal frameworks for new programs and decentralizing activities.
Management / Administration - Successful in undertaking many new understaffed, mission-oriented assignments and achieving management objectives in both civilian and military settingi broad background in program development... knowledge of contracting and procurement law.. skilled in handling debarment and suspension of contractors and program participants.
Personne/ Supervirion - Supervised groups ranging from 5 to 130.. experienced in designing training and program materials.. skilled in handling employee and union relations.. successfulin developing program alternatives to conserve personnel resources... effective at motivating staff members to deliver maximum performance leve!s.
PROFESSIONAL EXPERIENCE OFFICE OF THE GENERAL COUNSEL FEDERAL EMERGENCY MANAGEMENT AGENCY 1979 to Present O
Assastsat General Counset (Projects)(1986 to Present)
Responsible for development of legal positions related to planning, preparedness response and mitigation for both peacetime and wartime civil emergencies and integration into existing National Security institutions.
- Coordinate Technical Assistance to the Associate General Counsel for Litigation, General Law, Insurance and Mitigation; the Assistant General Counsel and the Regional Counsel.
Conceive and implement legal policies and procedures related to warning systems, communica.
f tions, population relocation, protection and damage assessment to be utilized during disasters and i
National Secunty Emergencies.
Coordinate legal plans to assure continuity of the Federal Civil Government in a wide range of i
National Security Emergencies.
Develop legal plans for the protection of industry, post. attack recovery ar.d economic stabilization during National Security Emergencies and disasters.
I Develop legal authorities for emergency evacuation and sheftering decisions.
I
- Senior attorney responsible for legal aspects of agency 'elecommunications policies, including AT&T consent order impact on National Security Emergencies.
- Provide legal advice and technical support to State and Local governments, on emergency l
preparedness.
- Develop legal systems to prevent fraud, waste and abuse in programs.
Associate General Counsel (Lltigation)(19g0 to 1985)
Supervised all attorneys performing litigation services for the Director and General Counsel of the j
Federal Emergency Management Agency.
- Supervised an avcrage open caseload of 300 defensive and affirma ive cases in various state and federal trial and appellate courts; savings to government exceedeo id$ million.
- Established and coordinated Regional Counsels.
- Determined trial and appellate recommendations and strategy for FEMA; coordinated with Department cf Justice on cases having government wide impact.
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WILLIAM R. CUMMING PROFESSIONAL EXPERIENCE.. Connnued w
Assistant General Counsel (Insurance)(1979 to 1980)
Provided legal advice to the Federal Insurance Administration tFEMA) including responschtv fer preparation and sign-of f of legal opinions, regulations and conduct of litigation; Jer'eNed ner '00 claims with many individual cases exceeding 55 million in potential liability.
1974 to 1979 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Attorney Advisor, Supervisory Trial Attorney Office of the Associate General Coursel for Reguistory Programs Supervised six attorneys; prepared all appropriate pleadings, motions and appellate briefs in cases related to HUD programs in federal trial and appellate courts. Reviewed, dratted and commented on legislation.
1970 to 1974 INTERNAL REVENUE SERVICE Senior Tax Law Specialist (Projects Section)
Estate and Gift Tax Branch (1973 to 1974)
Prepared numerous private and published revenue rulings which determined IRS position concerning income, estate, gift and fidiciary returns.
Special Advisor to the Assistant Commissioner (Stabir'stion) 1972 Developed regulations of the Pay Board, Price Commission and Rent Advisory Board; served as the Assistant Commissioner's liaison with these organizations on enforcement issues.
- W Tax Law Specialist. Various Brsaches under Assistant Commiss.oner (Technical) (1970 to 1971) l EDUCATION Juris Doctor,1%7 University of Virginia Bachelor of Arts History. Magna Cum Laude,1964 Lehigh University 8
MILITARY I
United States Army,1967 to 1970; Comaussioned 1968 l
ILT Field Artillery Highest Rank Nuclear Wespons Unit Commander 1968 to 1969 Staff Officer, Intelligence and Operations 1969 to 1970 Overseas Service Federal Republic of West Germany Decorations: Army Commendation Medal I
I LEGAL I
Admitted to Virginia State Bar; admitted to practice before the Virginia Supreme Court and United States p
Tax Court.
Lq)
References AvadaMe Upon Request
46
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I ATTACHMDiT D
@RCCRRg;w;.;p 30CYEiEO January 2bG 1988 U
'88 MR 15 P3 :34 UNITED STATES OF AMERICA NUCLEAR REGULATCRY COMMISSICN yt:,.
BEFCRE THE ATCMIC SAFETY AND LICDISING BOARD 002i" w.
)
In the Matter of
)
)
public Service Co. of New Hampshire,
)
Docket No. 50-443-CL et al.
)
50-444-CL
)
Offsite Emergency (Seabrook Station, Units 1 & 2)
)
Planning Issues
)
)
SUPPLEMDJTAL TESTIMONY OF DAVE McLOUGHLIN, EDWARD A. THOMAS, AND WILLIAM R. CUMMING CN BEHALF OF THE FEDERAL EMERGDICY MANAGEMENT AGENCY ON SHELTERING / BEACH POPULATICN IE?UT.S I.
Introduction.
The Federal Emergency Management Agency (FEMA) offers this testimony to supplement its earlier proposed testimony on Revised Town of Hampton Contention VIII to Revision 2, SAPL Contention 16, and NECNP Contention RERP-8 in order to reflect the use which FEMA has made of the advice given by the l
l Regional Assistance Committee (RAC) and to clarify its reasons for adopting its position on the "Sheltering" or "Beach Population" issues. The Witnesses are Dave McLoughlin, Deputy Associate Director, State and Local Programs and Support Directorate, FEMA; Edward A. Thomas, Director, Natural and l
Technological Hazards Division, FD(A Region I; and William R. Cumming, Assistant General Counsel, Program Law Division, Office of General Counsel, FEMA. Statements of the professional qualifications of Dave McLoughlin and William R. Cumming are attached to this Supplemental Testimony.
I t
l
Briefly put, FEMA's position is (a) that it is appropriate to consider further~ the adequacy of the emergency response plan for the transient populat en of the beaches within the Seabrook Emergency Planning Zone (EPZ) during the summer, that is, from May 15 to September 15, as indicated in the New Hampshire Radiological Emergency Response Plan (NHRERP); (b) that the requirement of NURIG 0654/ FEMA REP 1, Rev. 1, for a "range of protective actions" may or may not be satisfied by evacuation alone: (c) that FEMA cannot conclude that the NHRERP is adequate with respect to that beach population until it is clear that the State of New Hampshire has considered the use of sheltering for the transient beach population and explains what use, if any, it intends to make of sheltering. This latter point should not be interpreted to mean that FEMA has imposed a requirement that sheltering be available.
If the State of New Hampshire intends not to employ sheltering for the transient beach population (which is not presently clear from the NHRFRP), then FEMA expects the State to develop the rationale for such a choice and provide it to FEMA for review, t
II.
History of FEMA's Consideration of the Beach Pooulation Issue.
FEMA's concern about the issue of protective measures for the summer i
beach population has a rather long history. On December 9, 1985, the State of New Hampshire submitted the New Hampshire Radiological Emergency Response Plan (NHRERP) which later became known as "Revision 0".
On December 31, 1985, Edward A. Thomas, Chairman of the Region 1 Regional Assistance Committee, sent a memo to all of the members of the RAC asking for their comments on the beach l
population issue.
FEMA's Supplemental Testimony on Shelter Issues, page 2.
A full field exercise of Rev. O was conducted on February 26, 1986. A FEMA Exercise Report was issued in June, 1986. The State of New Hacpshire submitted Revision 1 of the NHRERP on June 3, 1986, and a FEMA /RAC review of the plan was completed on June 24, 1986.
Revision 2 of the NHRERP was se citted September 8, 1986: the FEMA /RAC Review was provided to the State of New Hampshire on December 12, 1986.
On February 18, 1987, Dr. Robert Bores, Technical Assistant, Division of Radiation Safety and Safeguards, NRC, King of Prussia, Pennsylvania, sent a letter to Edward A. Thomas, which expressed the views of the NRC as to the adequacy of the NHRERP with respect to the summer beach population.
The issue of the beach population was discussed at length at the RAC meeting of April 15, 1987. At that meeting, the RAC reached a consensus that the issues identified in FEMA's memorandum of December 31, 1985, were resolved.
At the direction of the Atomic Safety Licensing Appeal Board, FEMA prepared a statement of its position on the contentions pending in this hearing to be filed by June 4, 1987. While that statement of position was in preparation, FEMA was advised that NRC was withdrawing Dr. Eores's letter and would substitute a different letter which omitted any reference to the containment structure at Seabrook Station. This second letter was delivered to FEMA on June 4, 1987. On that basis, FEMA took a position that it could not conclude that the plan was adequate with respect to the beach population.
l l
This change was the subject of extended discussion at the RAC meeting on July i
30, 1987. FEMA conth ued to hold this position and incorporated it into its l
l prefiled testimony of September, 1987.
l l
In September, 1987, the proposed testimony of the Applicant included a number of documents, including a Shelter Survey which was offered as the basis FEMA's Supplemental Testimony on Shelter Issues, page 3.
for potential changes in the NHRERP. The State of New Hampshire submitted these documents to FEMA for revi'w by the RAC, and on September 30, 1987.
advised FEMA that the Shelter Survey was not considered part of the NHRERp, but was submitted for the purpose of receiving technical assistance, as provided in 44 C.F.R. S 350.6.
FEMA has requested comments from the RAC members, but only two agencies have responded to date, the NRC and the Department of Transportation.
At the meeting of January 7 and 8, 1988, a majority of the RAC members endorsed views contained in the June 4, 1987, letter from Dr. Bores. At the same time, those RAC members agreed that the NHRERp was currently adequate but would be enhanced by a development of a sheltering option for the transient beachgoers.
Since September, 1987, FEMA has been evaluating its prefiled testimony and the positions of the NRC and other RAC members.
Dr. Bores's letter of June 4, 1987, expressed the view that the NHRERP is adequate with respect to the transient beach population and supports a finding of reasonable assurance that adequate protective measures can be taken to protect the public in the event of an accident at Seabrook Station.
It also advances the position that the NHRERP does achieve significant dose savings for the transient beach population and that there are a number of special circumstances which work together to lessen the risk of injury. The June 4, 1987, letter from Dr.
Bores, in combination with the June 18, 1986, letter from the Chief Hearing Counsel of the NRC Staff to the General Counsel of FEMA, the prear.ble to NRC's final rule on evaluation of utility sponsored emergency response plans (52 Fed. Reg. 42,078 (November 3,1987)), and the rebuttal plan filed by the NRC in this hearing, persuades FEMA that the NRC interprets its own regulations not to require sheltering for all segments of the EPZ.
FEMA's Supplemental Testimony on Shelter Issues, page 4.
III. The Range of Protecti"e Actions Issue.
At the RAC meeting of January 7 and 3, 1933, Dr. Bores, the NRC representative, expressed the view that the emergency planning guidance of NUREG 0654/ FEMA REP 1, Rev. 1, applies to the entire spectrum of accidents, to the entire population of the EPZ, all of the time.
It was the URC's view that FEMA's position on the summer beach population was too narrowly focused.
FEMA has considered that position, but has decided that it is appropriate to consider further the provisions in the NHRERP for the transient beachgoers.
In FEMA's view, as the Federal agency with specialized knowledge of emergency response planning, the UHRERP is not adequete with respect to the transient beach population cecause Planning Standards J.9. and J.10.m. of NUREG 0654/ FEMA REP-1, REV. 1, (November 1980) have not been met.
Planning Standard J.9. states:
Each State and local organization shall establish a capability for implementing protective measures based upon protective action guides and other criteria. This shall be consistent with the recommendations of EPA regarding exposure from passage of radioactive airborne plumes, (EPA 520/1-75-001) and with those of DHEW (DHHS)/FDA regarding radioactive contamination of human food and animal feeds as published in Federal Register of December 15, 1978 (43 FR 58790).
Planning Standard J.10. states:
The organization's plans to implement protective measures for the plume exposure pathway shall include:
m$
The bases for the choice of recommended protective actions from the plume exposure pathway during emergency conditions. This shall include expected local protection afforded in residential units or other shelter for direct and inhalation exposure as well as evacuation time estimates.
FEKA interprets these previsions as requiring consideration of more than a single protective measure.
FEMA's Supplemental Testimony on Shelter Issues, page 5.
FEMA notes that the NHRERP includes no explicit consideration of sheltering for the transient beach population. The Shelter Survey which the State of New Hampshire has submitted to FEMA for technical assistance may be interpreted as a preliminary step in the development of a plan for sheltering beachgoers, but the current plan considers only one protective measure for the transient beach population, namely evacuation. The guidance of NUREG 0654/ FEMA REP 1, Rev. 1, contemplates that emergency responders will ordinarily be called upon to make an informed and reasoned choice among available protective measures. As it presently stands, the NHRERP provides neither an adequate description of how a sheltering option might be used nor a rationale for not having the option available for the transient beach population.
For these reasons, FEMA concludes that Planning Standards J.9.
and J.10.m. have not been met with respect to the transient beach population.
IV.
The Reasonable Assurance Issue.
The overall question of whether FEMA is prepared to make a finding that there is reasonable assurance that adequate protective measures can be taken to protect the public in the event of an accident presents an entirely separate issue.
FEMA employs the terms "Adequate" or "Inadequate" in the context of RAC reviews of emergency response plans to indicate whether specific planning elements of NUREG 0654/ FEMA REP 1, Rev. 1, have been satisfied. FEMA does not make findings of reasonable assurance as to specific parts of a plan but rather for the plan as a whole. A single plan "Inadequacy" will not, by itself, automatically prompt a negative finding (that is, that the plan does not provide reasonable assurance).
In contrast, FEMA's guidance defines exercise "Deficiencies" so that a single deficiency FD4A's Supplemental Testimony on Shelter Issues, page 6.
precludes a finding of reasonable assurance. This distinction between exercise "Deficiencies" and plan "Inadequacies" is consistent with the Memorandum of Understanding between FEMA and the NRC.
FEMA interprets its regulations to mean that it must determine first whether radiological emergency response plans comply with NUREG 0654/ FEMA REP 1, Rev. 1 (44 C.F.R. S 350.5(a)) and secondly whether such plans "adequately protect the public health and safety by providing reasonable assurance that appropriate protective measures can be taken offsite in the event of a radiological emergency" (44 C.F.R. S 350.5(b)).
In FEMA's view, a finding or determination that State and local plans provide reasonable assurance is a matter of professional judgment.
In this case, FEMA's decision not to make an overall finding of reasonable assurance stems f rom the many "Inadequacies" identified in the RAC Review of the plan and "Deficiencies" identified in the Exercise Report and not just the lack of explicit consideration in the NHRERP of the possibility of sheltering for the transient beach population.
V.
The Dose Savings Issue.
While FEMA and the RAC have not completed the technical assistance review l
of the Shelter Survey requested by the State of New Hampshire, the Survey does not provide the details FEMA would expect to find in a plan.
The discussion i
of the planning basis in NURDG 0654/ FEMA rep 1, Rev. 1, establishes that the 1
objective of emergency response planning is dose savings although it does not call for specific quantitative levels of protection to be achieved.
It soems l
I to be generally accepted that the plan, however judged, ought to take advantage of every readily available opportunity to reduce dose. Therefore, the State of New Hampshire should fully consider whether there might be opportunities for additional dose savings through sheltering of the transient l
l beach population.
FEMA's Supplemental Testimony l
on Shelter Issues, page 7.
WTED Ccngzsyurgeng C0'.X E IES March 14, 198'3ps r UNITED STATES OF AMERICA
'88 mR 15 P3 :35 NUCLEAR REGULATORY COMMISSICN BEFORE THE ATOMIC SAFETY AND LICENSING BOARD h[,jg, U.^
JUDGE IVAN W. SMITH, CHAIRMAN JUDGE JERRY HARBOUR JUDGE GUSTAVE A LINDIBERGER, JR.
)
In the Matter of
)
)
Public Service Co. of New Hampshire,
)
Docket No. 50-443-OL et al.
)
50-444-OL
)
Offsite. Emergency (Seabrook Station, Units 1 & 2)
)
Planning Issues
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Testimony of Dr. Joan Hock, Joseph H. Keller, and William R. Cumming on Behalf of the Federal Emergency Management Agency on Sheltering / Beach Population Issues have been served on the following by Express Mail service on this 14th day of March, 1988.
Ivan W. Smith Esq., Chairman Atomic Safety and Licensing Board Nuclear Regulatory Commission East West Towers Building 4350 East West Highway Bethesda, Maryland 20814 Dr. Jerry Harbour Administrative Judge Atomic Safety and Licensing Board Nuclear Regulatory Comission Bethesda, Maryland 20555 Gustave A. Linenberger, Jr.
Administrative Judge Atomic Safety and Licensing Board Nuclear Regulatory Comission Bethesda, Maryland 20555
Beverly Hollingworth 209 Winnacunnet Road Hampton, NH 03842 Sandra Gavutis, Chairman Board of Selectmen RFD 1 Box 1154 Route 107 Kensington, NH 03827 Carol S. Snieder Assistant Attorney General Office of the Attorney General One Ashburton Place, 19th Floor Boston, MA 02108 Stephen E. Merrill Attorney General George Dana Bisbee Office of the Attorney General 25 Capitol Street Concord NH 03301-6397 Richard A. Hampe, Esq.
New Hampshire Civil Defense Agency 35 Pleasant Street Concord, NH 03301 Calvin A. Canney, City Manager City Hall 126 Daniel Street Portsmouth, NH 03801 Roberta C. Pevear State Representative Town of Hampton Falls Drinkwater Road Hampton Falls, NH 03844 Robert A. Backus, Esq.
Backus, Meyer & Solomon 116 Lowell Street Manchester, NH 03106 Paul McEachern, Esq.
Mathew T. Brock, Esq.
Shaines & McEachern Post Office Box 360 Portsmouth, NH 03801
Edward A. Th< ras Federal Emergency Management Agency 442 J.W. McCormack (POCH)
Boston, MA 02109 Jane Doughty Seacoast Anti-Pollution League 5 Market Street Portsmouth, NH 03801 Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Allen Lampert Civil Defense Director Town of Brentwood 20 Franklin Street Exeter, NH 03833 Angie Machiros, Chairman Board of Selectmen 25 High Road Newbury, MA 01950 Jerard A. Croteau, Constable 82 Beach Road P.O. Box 5501
, Salisbury, MA 01950 Diane Curran, Esq.
Harmon & Weiss 2001 S Street, N.W.
Suite 430 Washington, D.C. 20009 Philip Ahrens, Esq.
Assistant Attorney General Office of the Attorney General State House Station, #6 Augusta, ME 04333 Thomas G. Dignan, Jr., Esq.
Ropes & Gray 225 Franklin Street Boston, MA 02110 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Washington, D.C. 20555
Docket and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 J.P. Nadeau, Esq.
Selectmen's Representative Board of Selectmen 10 Central Road Rye, NH03870 Michael Santosuosso, Chairman Board of Selectmen South Hampton, NH 01913 Mr. Robert Carrigg, Chairman Board of Selectmen Town Office Atlantic Avenue North Hampton, NH 03862 William Armstrong Civil Defense Director Town of Exeter 10 Front Street Exeter, NH 03833 Peter J. Matthews, Mayor City Hall Newburyport, MA 01950 William S. Lord Board of Selectmen Town Hall - Friend Street Amesbury, MA 01913 Mrs. Anne E. Goodman, Chairman Board of Selectmen 13-15 Newmarket Road Durham, NH 03824 Gary W. Holmes, Esq.
Holmes & Ellis 47 Winnacunnet Road Hampton, NH 03842
Sherwin E. Turk, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Tenth Floor 7735 Old Georgetown Road Bethesda, MD 20814 Oreste Russ Pirfo, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, DC 20555 Senator Gordon J. Humphrey U.S. Senate Washington, D.C. 20510 (Attn: Herb Boynton)
Senator Gordon J. Humphrey 1 Pillsbury Street Concord, NH 03301 (Attn: Herb Boynton)
Thomas F. Powers, III Town Manager Town of Exeter 10 Front Street Exeter, NH 03833 Brentwood Board of Selectmen RFD Dalton Road Brentwood, NH 03833 Dated: March 14, 1988
/<--
H Q SEPH'fLYNN
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j Assistant General tounsel Federal Emergency Management Agency
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