ML20154K933

Town of Hampton & New England Coalition on Nuclear Pollution Emergency Planning Contentions on 880628-29 Exercise.* Supporting Documentation & Certificate of Svc Encl

ML20154K933
Person / Time
Site:	Seabrook
Issue date:	09/21/1988
From:	Brock M, Mceachern P HAMPTON, NH, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SHAINES & MCEACHERN
To:	Atomic Safety and Licensing Board Panel
References
CON-#388-7120 OL, NUDOCS 8809260048
Download: ML20154K933 (11)

Text

o 700 bPC UNITED STATES.OF AMERICA NUCLEAR REGULATORY COMMISSION g g p27 Before the ATOMIC SAFETY AND LICENSING BOARD Before Administration Judges:

Ivan W. Smith, Chairperson Gustave A.

LinenbJrger,., Jr.

Dr. Jerry Harbour r

)

September 21, 1988 In the Matter of

)

)

Docket Nos.

50-443-OL PUBLIC SERVICE COMPANY OF

)

50-444-OL NEW HAMPSHIRE, et al.

)

Off-Site Emergency

)

Planning Issues (Seabrook Station, Uni's 1 and 2) )

)

TOWN OF HAMPTON AND NEW ENGLAND COALITION ON NUCLEAR POLLUTION EMERGENCY PLANNING CONTENTIONS ON THE JUNE 28-29, 1988 EXERCISE NOW COME the TOWN OF HAMPTON (TOH) and NEW ENGLAND COALITION ON NUCLEAR POLLUTION (NECNP) and hereby submit emergency planning contentions on the June 28-29, 1988 Exercise as follows:

TOH/NECNP CONTENTION Ex 1:

The scope of the June 28-29, 1988 Exercise of the New Hampshire Radiological Emergency Response Plan (NHRERP) was so limited that it could not and did not yield valid or moaningful results regarding the capability to implement that plan, as required by 10 CFR 550.47(a)(1) and (a) (2), in that it did not include demonstrations or evaluations-of emergency response capabilities of many persons and entities relied upon to implement the NHRERP.

In addition, the ex,.asion of these 8009260048 890921j3 4

ADOCK O gDR SMANES in BM ACHEM neortssst=At attactatc=

F% 44APLS WrCYC AYt8dA P O Sn05 Dec Prue9 sa,eWTot et M $nact m

entities from the Exercise precludes a finding that the ExeIcise evaluated major portions of emergency response capabilities, ao required by 10 CFR 550.47 (b) (14) and 10 CFR Part 50, Appendix E(F) (1).

Other than limited participation by State of Now Hampshire personnel, the majority of the organizations, entities, and individuals relied upon in the NHRERP for implementation of that plan did not participate in.the Exercise.

Thus, the Exerciso did not address the Willingness, 4

availability,

training, equipment, capability, or ad e.qua cy of performance of the entities and individuals identified in Bases a to g below, each of which is necessary to implement the portions of the NHRERP referenced therein. Accordingly, the NHRERP is fundamentally flawed.

1 BASES:

1 (a)

None of the teachers relied upon under tha NURERP to implement protective actions for school children, see e.g. NHP2RP Vol.

18A, Appendix F,

participated in the Exercise.

Nece.asarily, the Exercise failed to meet a primary objective to demonstrate the ability and resources necessary to adequately protect students in an I

emergency.

Exercise Report, p.

172.

Since hundreds c! teachnrs i

through their representatives, and by petition, have already pr6vided evidence in this proceeding of their intent nqt to j 4.-

mt the l

NHRERP, failure to test for the availability and participae +

ot tr v e

(

Hampshire teachers represents a fundamental flaw in the NHREM'.

i i

2 l

l r.

a (b)

Since none of the New Hampshire teachers participated in the Exercise, FEMA could not observe any adequate demonstration of the organizational ability or resources necessary to ef fect an early dismissal, sheltering, or evacuation, of the school children, even though this demonstration was one of the Exercise objectives.

Exercise Report, p.

172.

Under the NHRERP, e a r.l y dismir, sal, sheltering and evacuation are the only protective actions for school children.

singt (e.g.) NHR'i:PP Vol. 18A, App F.

1-3, F.

1-4.

All of these protective actions assume, and rely upon, teachers for implementation.

Id.

Failure to observe or test necessary personnel or procedures to protect students represents a fundamental flaw in the NHRERP.

(C)

During the summer months, Hampton Beach is the most highly and densely populated area in the Seabrook EPZ, and poses l

unique and extreme obstacles to emergency planning.

Under the NHRERP, State Police are required to provide all 17 traffic guides to staff every traffi2 control post located within Hampton Beach, and to assume responsibility for regulating the bumper to bumper traffic out of the Beach ares. !! ggt, NHRERP, Vol.

6, App. I; Exhibit 1 to Applicants' Direct Testimony No. 3 (Personnel Resources), Table 3.1-2.

The Exorcise did not provide for, test, or require even a single State Police officer to staff any of the five traffic control posts located in Hampton Beach, and the Beach, as an area for exercising the Plan,'

was essentially ignored.

Failure to adequately demonstrate the l

3 94AINES (n Mc! ACNE.RN, petCtEnaCNA Al'd>OATO.s is uAAtsvo'o astu > c man tec - somt9 a.itw w n ows

ability and resources deered necessary under the NHRERP to evacuate the EPZ's most populated beach area represents a fundamental flaw in the NHRERP.

1 (d)

Although at least 45 traffic control guides are to be provided by the New Hampshire State Police to all Towns under the

NHRERP, Id.

at Tables 3.1-2, 3.1-3, only two troopers actually assumed that function during the Exercise.

133, Exhibit 1,

attached.

Accordingly, there is no factual basis to support FEMA's finding that State Police could or did properly "handle beach closing," and the time frames for staffing of traffic control points relied on by FEMA are wholly speculative.

Egg, Exercise Report,

p. 182.

In addition, the NHRERP requires State Police to provide 28 traffic guides to staff access control posts within the New Hanpshire EPZ.

Volume 6,

p. 9-12.

Only two troopers were actually deployed to staff ACPs during the Exercise.

Exhibit 1.

FEMA's conclusion that, by 1530 hours0.0177 days <br />0.425 hours <br />0.00253 weeks <br />5.82165e-4 months <br />, State i

Police had adequ tely shown the capability to deploy all 69 troopers for ACP/TCPs is without foundation.

Exarcise Report, p. 182.

Failure to adequately demonstrate the ability and resources necessary to regulate evacuation traffic and EPZ access represents a fundamental flaw in the NHRERP.

Exercise Report, p. 182.

(e)

The Exercise did not provide

for, test, or require l

simulation, of even a single accident or other traffic impediment in the Hampton Beach area.

Even under non-emergenc/ conditions, traffic' i

accidents and tie-ups, with associated traffic congestion, are routins at Hampton Beach.

The Exercise unreasonably assumed, however, that l

4 I

me.cs s. we Ace. muso.= anmarm j

l 21 MA%two0C avt'AJE P O 904 MO N#TSW:2,'N. to a O tac t I

l l

traffic flow remained smooth throughout the beach during the entire evacuation.

Failure to acequately demonstrate road clearance capabilities and traffic managemett, under anticipated conditions, in the critical pathway along the beach represents a fundamental flaw in the NHRERP.

(f) 15 of 18 (83%) of the bus companies relied upon under the NHRERP for emergency and special needs transportation did not provide any drivers or buses for the Exercise.

Even the three companies who did provide resources deployed only 18 regular buses (4%) of the 453 required for implementation of the NHRERP.

S,gg,

Exhibit 2,

Attached; Applicants' Direct Testimony No.

2, p.

13, October 21, 1987.

The Exercise also utilized only one of 48 ambulances (2%),

and two of 71 special needs buses (3%),

deemed necessary for implementation of the Plan.

S.gg, Applicants' Direct Testimony No.

2, pp. 13-15, October 21, 1987; Exhibit 2.

The adequacy of tr&noportaLion resources, particularly bus drivers, has been i

seriously disputed in those proceedings.

The failure to demonstrate the availability of any meaningful number of these resources represents a fundamental flaw in the NHRERP.

(g)

'Ihere is no basis for FEMA's assertion that the State, during the Exercise, adequately demonstrated, or "identified",

sufficient manned vehicles to evacuate the entire EPZ.

See Exercise Report, p.

165.

That identification process apparently consisted only' of phone calls to bus companies to restate the number of drivers specified in each company's letter of agreement.

Apparently, 5

SMAINES 4. McE ACHE 8tN **c*tsscrea6 asEsciaTos*

7% MAnf swoOD &vtWE P O sca neo FCet75Am;x;Ts. % set.

1 f

i t

no determination of the number of drivers actually available to drive, was provided by the companies or required by the Exercise.

The failure to demonstrate the actual,nvailability of necessary t'ransportation resources, including at least 96%

(435 of 453) of the drivers raquired to implement the NHRERP, represents a

fundamental flaw in the NHRERP.

Exhibit 2.

Respectfully submitted, TOWN OF HAMPTON By Its Attorneys SHAINES & McEACHERN Professional Association _._,,

N s

_\\,

By:

W DATED:

September 21, 1988 Paul McEachern ~ ~

. Matthew T.

Brock NEW ENGLAND COALLITION ON NUCLEAR POLLUTION By It Authorized Repr sentative D

\\

DATED:

September 21, 1988 By:

Matthew T.

Brock 6

SMAWES 6 WE ACHERN. petort$5Kwak ASKcatoN M wa8ttWOOD avt%E p O ses no montmoutn n n owi

EXHIBIT I 1

o SEP 19 E1 EVALUATION WORKSHEET FOR EXTENT OF PLAY Objective 20 Section ' Num::er:

3.3.9

Title:

Traffic'and Access Control Points State involved:

New Hamoshire Resources To Be Evaluated:

State Police: Local Police: State 007: Local Public Works Oeoartment Total Resources Required / Involved:

FEMA Evaluators at State EOC and IFO. Local EOC's. State Police Treco A. NHY Controllers Sub-category:

NH ECC: IFO: Troco A: NHOOT: Local Police:' Local Public i

Works: ACP's: TCP's r

CXTENT OF PLAY t

l l

s l

Proposed Number Of FEMt. Evaluate.s For This Resource:

Included in number of l

facility evaluators, olus 1 additional.

t J

ConTnents:

N/A 1

L 4

l Sumrna ry:

1.

T6aM(0-NH-02 and 0-HA-01) and$o AccesbEP-1 and NV-3) Control 4

1 m

s Points will be staffed by State Police and eouipoed by State 00T.

l 2.

One Traffic Control Point will be staf, fed and ecuicoed in each EPZ cemuni-ty with traffic control resoonsibility subject to availability of cersonnel

(

reseurces needed for oublic safety. The followine traffic control oeints

=

have been selected for local cenynunities: Brentwood, F-BR-02: E. Eineston.

[

Exeter.kEX-017breenland,G-GR-01: Kinoston,-F-XI-02:

F-EX-01:

New Castle. G-NC-01: Newfields. F-NF-01: Newton,'F-NT-02: Portsmouth, l

~.

.:.a... a......: :. :..:.n

~.:. _

a y

i G-PO.01: Seabrook, A-SE-04: and Stratham, G-ST-01.

North Hamoton is not

:.,~., ;

. :.,.:..:.. w. 7.

.......:. ~ :.

..u

. + -

t..

l

~ i Revised June 1, 1988 " r ':..

..e'.c t

.-2 :.

1 a::

1;;.:.3.-

r '-.

y

. age 1 of 4 E/3.3-30 l

1

.,_,.2_,,_____-_-.,_,_..___

SEP 19 RECD EXHIBIT 2 o

EVALUATION WORKSHEET FOR EXTENT OF PLAY Objective is Section Numcer: 3.3.7

Title:

N.AERP Transnortation Resources State involved: New Hameshire Resources To Be Evaluated: Scheel Buses. Ambulances. Yans. Wheelchair vans.

Seecial Needs Buses. Emercency Ortver Peel Total Resources Required / Involved: 17 FEMA Evaluators. 20 buses (18 recular bu,ses and 2 soecial needs (cenversion bed) buses (must be scheel buses). 1 u

ambulance. I wheelchair van. 21 bus drivers, one ambulance crew (driver and EMT), arrancements witn three er more of the 18 bus creviders and one of the 15 ambulance ecmeanies, and 23 members of the Emergency Oriver Peel and their personal vehicles.

Sub-category: Facilities:

State EOC. State IFO. two State Transeertatien Stagine Areas. local Transeertation Stagine Areas.

Persennell Emer;ency Oriver Peel.

EXTENT OF PLAY FEMA Preposed Number Of Evaluations for This Resource: 17 Ccmments: FEuA agreed at the 4/20/98 meetine to a11ew the contracting of trans-certation resources for use in the exercise to demonstrate the functional _caea-bility of the RERP.

Routes actually run will be acccmolished by use of con-tracted vehicles and by use of the Emer._:ncy Driver Peel.

Sufficient centracted re's'urces will be made'available durine Sunr.ury:

o th'e exertise to demonstrate the functieral cao'abilitv'of the' evacuation trans-

.-..,.g certation conceot.

Actual sucoly/cemand cal'culations will be "made"cer' RERP

-.- i _ _ _..

.E/3.3-26

v.w TO EP 22 P2 :27 CERTIFICATE OF SERVICE Brock, one of the attornoys for thd[Ea'do ' service ofI ' fokn I,

Matthew T.

horoin, horeby cortify that on September 21, 1988, the forogoing document, TOWN OF HAMPTON AND NEW ENGLAND COALITION ON NUCLEAR POLLUTION EMERGENCY PLANNING CONTENTIONS ON THE JUNE 28-29, 1988 EXERCISE, by depositing copios thoroof in the United States Mail, first class postage prepaid for delivery (or, where indicated, by Express Mail, propaid) addressed to:

• Ivan Smith, Esq., Chairman

• Dr. Jerry Harbour Atomic Safety & Licensing Board Atomic Safety & Licensing Board (Off-Site)

(Off-site)

U.S.

Nuclear Ptgulatory Commission U.S.

Nuclear Regulatory Comm.

East West Towers Building Eant West Towers Building 4350 East West Highway 4350 East West Highway Bothesda, MD 20814 Bethesda, MD 20814

• Judge Gustavo A.

Linenborger, Jr.

• Atomic Safety & Licensing Atomic Safety & Licensing Board Appeal Board Panel (Off-Site)

U.S.

Nuclear Regulatory Comm.

U.S.

Nuclear Regulatory Commission Washington, DC 20555 Eaat West Towers Building 4350 East West Highway

• Thomas Dignan, Esq.

Bothosda, MD 20814 George H.

Lewald, Esq.

Kathryn A. Sollock, Esq.

• Adjudicatory Filo Ropos & Gray Atomic Safety & L!consing Board 225 Frankin Stroot Panel Docket (2 copios)

Boston, MA 02110 U.S.

Nuclear Regulatory Commission East Wost Towers Building

• Carol S.

Snoidor, Esq.

4350 East West Highway Stephen H. Oleskey, Esq.

Bethesda, MD 20814 Allan R.

Florce, Esq.

Department of the Atty. General

• Stephen E. Morrill, Esq.

One Ashburton Place George Dana Bisboo, Esq.

Boston, MA 02108 Office of the Attorney General State House Annex

• Diano Curran, Esq.

Concord, NH 03301 Andrea C.

Forstor, Esq.

I Harmon & Weiss 2001 S Stroot, N.W.,

Suite 430

• Sherwin E. Turk, Esq.

Washington, DC 20009-1125 Offico of General Counsel U.S.

Nuclear Regulatory Commission

• Richard R.

Donovan 15th Floor - One White Flint North Federal Emergency Mgut. Agency 11555 Rockvillo Pike Federal Regiona.1 Contor Rockville, MD 20852 130 228th Street, S.W.

Bothell, Washington 98021-9796 sn 4 -u ss.A u ac a m...is e *< a w e.,

4 MAME*0tY) A s t M. ( 90804 Mi3 pue T* Ant a;TH te M CW1 i

Philip Ahrens, Esq.

Robert A.

Backus, Esq.

Assistant Attorney General Backus, Meyer & Solomon Office of the Attorney General 111 Lowell Street State House, Station 6 Manchester, NH 03105 Augusta, ME 04333 Mrs. Anne E. Goodman Jane Doughty Board of Selectmen Seacoast Anti-Pollution League 13-15 Newmarket Road 5 Market Street Durhatt, NH 03824 Portsmouth, NH 03801 William S.

Lord, Chairman Rep. Roberta C.

Pevear Board of Selectman Drinkwater Road Town of Amesbury Hampton Falls, NH 03844 Town Hall, Friend Street Amesbury, MA 01913 R.

Scott Hill-Whilton H. Joseph Flynn, Esq.

Lagoulis, Clark, Hill-Whilton Office of General Counsel

& McGuire Federal Emergency Mgmt. Agency 79 State Street 500 C Street, S.W.

Newbu ryport, MA 01950 Washington, DC 20472 Stanley W.

Knowles Ashod N. Amirian, Esquire Board of Selectmen 376 Main Street P.O.

Box 710 Haverhill, MA 01830 North Hampton, NH 03862 J.P.

Nadeau, Selectman Alfred V. Sargent, Chairman Selectman's Office Board of Selectmen 10 Central Road Town of Salisbury Rye, NH 03870 Salisbury, MA 01950 Senator Gordon J. Humphrey Senator Gordon J. Humphrey U.S. Senato One Eagle Square, Suite 507 Washington, DC 20510 Concord, NH 03301 (Attn Tom Burack)

(Attn:

Herb Boynton)

William Armstrong Allen Lanport Civil Defense Director Civil Defense Director 10 Front Street Town of Brentwood Exeter, NH 03833 Exeter, NH 03833 Richard A. Hampo, Esq.

Gary W.

Holmes, Esq.

Hampo and McNicholas Holmes and Ells 35 Pleasant Street 47 Winnacunnet Road Concord, NH 03301 Hampton, NH 03842 2

SM APEh $s McE ACHERN 55.C*E55cN AL AssercAYitse FS MAMiwoco AN t*AK p o goa 3eo acsttSAeouTM N M otuei

Charles P. Graham, Esq.

Calvin A.

Canney, City Manager Murphy & Graham City Hall 33 Low Street 126 Daniel Street Newburyport, MA 01950 Portsmouth, NH 03801 Sandra Gavutis Brentwood Board of Selectmen Town of Kensington RFD Dalton Road RFD 1, Box 1154 Brentwood, NH 03833 East Kensington, NH 03827 Robert Carrigg, Cha,'rman Mr. Thomas H.

Powers, III Board of Selectmen Town Manager Town Office Town of Exeter Atlantic Avenue 10 Front Street No. Hampton, NH 03862 Exeter, NH 03833 Judith H. Miznor. Esq.

Beverly Hollingworth 79 State Street 209 Wi3nacunnet Road 2nd Floor Hampton, NH 03842 Newburyport, MA 01950 Leonard Kopelman, Euquire Barbcra J.

Saint Andre, Esquire Michael Santosuosso, Chairman Kopelman & Paige, P.C.

Board of Selectmen 77 Franklin Street Jewell Street, RFD 2 Boston, MA 02110 So. Hampton, NH 03827

• Robert R.

Pierce, Esq.

Atomic Safety & Licensing Board Panel U.S.

Nuclear Regulatory Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814

(

-~

%eIk y,

g Matthew T.

Brock

• UPS Next Day Air 3

wims s. wruyem noux a assmarm 25 umg scux) a% E NLE P O 90 4 Dec sO4 T %WTM N M ONul