ML20155B919

Intervenors Joint Motion for Discovery & to Permit Entry Upon Land in Control of Applicant & Interested Govts.* Observation of Exercise Will Allow Intervenors to Perform Own Evaluation of Conduct of Participants.W/Svc List

ML20155B919
Person / Time
Site:	Seabrook
Issue date:	06/02/1988
From:	Curran D AMESBURY, MA, HAMPTON, NH, HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20155B875	List: ML20155B870 ML20155B919
References
OL, NUDOCS 8806140017
Download: ML20155B919 (7)

Text

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June 2, 1988 UNITED STATES NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

. )

In tQe Matter of )

.< )

Public Service Company of )

New Hampshire, et al. ) Docket Nos. 50-443 OL

) 50-444 OL (Seabrook Station, Units 1 & 2) ) OFFSITE EMERGENCY

) PLANNING

)

INTERVENORS' JOINT MOTION FOR DISCOVERY AND TO PERMIT ENTRY UPON LAND IN CONTROL OF APPLICANTS AND INTERESTED GOVERNMENTS Intervenors New England Coalition on Nuclear Pollution, Seacoast Anti-Pollution League, Town of Hampton, Town of Ames-bury, and Commonwealth of Massachussetts (hereafter "Inter-venors") jointly request the Licensing Board to issue an order requiring Applicants and the State of New Hampshire to permit Intervenors' representatives to observe the emergency planning exercise, which is now scheduled for the Seabrook reactor during the week of June 26, 1988.1 This motion is made pursuant to 10 CFR 5 2.740(b) (1), which governs discovery through entry upon land.2 An exercise observation is necessary for several reasons.

First, the outcome of the exercise is material to the issuance of 8806140017 080602 PDR ADOCK 05000443 G PDR 1 The exercise was previously scheduled for the last week in May, but Applicants requested a month's extension. Counsel for FEMA has informed counsel for NECNP that the exercise is now planned to take place during the last week of June.

2 This type of request is not unprecedented. Observation of practice exercises as part of discovery has been allowed at least three times in the past, in proceedings concerning the Indian Point, Three Mile Island, and Big Rock Point reactors.

I an operating license for Seabrook, and is thus subject to the  :

hearing requirements of the Atomic Energy Act. Union of Con- ,

i cerned Scientists Y. NRC, 735 F.2d 1437 (D.C. Cir. 1984). Obser-vation of the exercise will allow Intervenors to perform their own evaluation of the conduct of the participants and thereby gather necessary information for the preparation of contentions concerning the exercise.

Second, the exercise will have a significant bearing on the  ;

resolution of Intervenors' pending contentions regarding the ade-  !

quacy of the New Hampshire RERP's provision for emergency response personnel and transportation resources for the special needs population. FEMA has testified that it is unable to reach a positive finding regarding those issues unless and until it observes and evaluates another exercise. Hearings on New Hamp-shire RERP, Emergency Response Personnel and Transportation Ade-quacy issues, Tr. at 4056, 4073, 4610.

Moreover, the exercise is a critical tool for testing the adequacy of the entire RERP, especially the preparedness of state and local governments to respond. The 1986 exercise resulted in 55 deficiencies, which precluded a FEMA finding that the New Hampshire RERP was adequate to protect the public health and safety. The question of whether the exercise shows that these defects have been cured and supports a reasonable assurance find-ing is central to this case.

Finally, the exercise will test for the first time Applicants' ability to respond to a radiological emergency under I

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the Seabrook Plan for the Massachussetts Communities ("SPMC").

The SPMC is only the second utility-sponsored offsite emergency pl[$nthathasundergoneFEMAreviewandanexercise. The exercise of the SPMC will involve complex and problematic issues such as the ability of the utility to carry out roles otherwise held by state and local individuals; and to show that coordina-tion with the state and local governments on an ad h2g basis pro-vi' des some degree of protection to the public. Needless to say, Intervenors are vitally interested in observing the manner in which the exercise of the SPMC is carried out.

It should be noted that FEMA is the principal observer and evaluator of the exercise, and that FEMA's testimony on the out-come of the exercise carries a rebuttable presumption in NRC pro-ceedings. In order to either rebut or support FEMA's testimony in any meaningful way, Intervenors should be able to observe the actions that are the subject of FEMA's evaluation.

The Intervenors appreciate the need for the drill to be con-ducted without hindrance and obstruction, and intend by this request only to gain relevant information in the most efficient and least burdensome manner to all parties. NRC rules of dis-covery specifically provide for entry upon land as a discovery method, and its is submitted that this method is the most appropriate in the circumstances of the drill. Intervenors will comply with any safeguards necessary to the effective implementa-tion of the exercise, which are consistent with the discovery purposes of observers.

. . ~ _ . . .

j WHEREFORE, Intervenors request the Board to issue an order ,

permitting two Intervenor representatives to:

1) observe *the exercise from the following locations listed in the New Hampshire RERP at Section 2.4:

a. State Emergency Operations Center 4

i b. Incident Field Office and Emergency Operations Cen-ter in Newington, New Hampshire

c. . State Police Communications Center

d. Rockingham County Dispatch Center

e. Reception Center (s) selected for the exercise

f. Decontamination Center (s) selected for the exercise

g. Transportation Staging Areas

h. Media Centers t

1. Local EOCs for towns participating in the Seabrook i

emergency plans l j. each school, hospital, or other institution selected for the exercise

2) observe the exercise from the following locations ,

listed in the SPMC at Section 5.2:  :

a. New Hampshire Yankee ("NHY") Offsite Response Emer-gency Operations Center i

b. NHY Offsite Response Staging Area

c. Emergency Worker Facility

!, d. Monitoring Trailers  ;

t

e. VANS Staging Area  !

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1 i

. . . . . .. . ' ~ .a . .. . . . . __

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f. Helicopter Facility c.

g. Reception Center (s) selected for the exercise ,

, h. Congregate care Center (s) selected for the exercise f

1. each school, hospital, or other institution selected for the exercise

j. Media Center

3) be informed of the time and locations of the exercise concurrently with the participants;

4) be provided with reasonable access to a telephone at or near the observation locations;

5) be present at any pre-exercise meetings at which state, local, or other emergency response personnel will be briefed regarding their assignmants;

6) be present at any post-exercise meetings between gov-ernment observers and state, local,~or utility officials.

i

7) be provided with all documents used during the exercise, including scripts, schedules, news releases, and announcements. Intervenors ask that they be ptovided with these  ;

materials at the time they are distributed or used during the I

exercise.

Intervenors also ask the Board to require that NRC and FEMA l

officials preserve, for further examination and discovery by Intervenors, all charts, notes, drafts of reports and comments prepared in connection with the exercise.

Finally, Intervenors request that the Board give expedited treatment to this motion, in order to allow sufficient time for l

the parties to reach agreement regarding procedures for the con-duct o# Intervenors' observers during the exercise. In order to assist in the'; ficient disposition of this request, undersigned counsel sent copies to counsel for the Applicants, NRC Staff, the State of New Hampshire, and FEMA by overnight mail on June 2, 1988. Mr. Flynn, counsel for FEMA, has verbally stated that that FEMA would agree in principle to an observation by Intervenors of the exercise, sssuming that the parties could agree on procedures for the conduct of the observation.

Respectfully submitted, Diane Curran HARMON & WEISS <

2001 "S" Street N.W. Suite 430 Washington, D.C. 20009 (202) 328-3500 Counsel for NECNP On behalf of NECNP, SAPL, Town of Hampton, Town of Amesbury, and Commonwealth of Massachus-setts June 2, 1988 CERTIFICATE OF SERVICE l

I cortify that on or before June 3, 1988, copies of the ,

foregoing pleading were served by hand, overnight mail, or first-class mail on all parties to this proceeding, as designated on the attached service list. ,

I I

Diane Curran l

l l

SEABROOK SERVICE LIST - OFFSITE LICENSING BOARD h*an W. Smith, Chairman Rye, New Hampshire 03870 . U.S. NRC (POCH)

U.S. NRC Washington, D.C. 20555 Boston, MA 02109 Washington, D.C. 20555 Richard E. Sullivan, Mayor City Hall Mr. Angie Machiros, Sandra Gavutis Dr. Jerts Hirbour Newburyport,MA 01950 Chairman RFD 1 Box 1154 U.S.fNRC Town of Newbury East Kensington, NH 03827 Washington, D.C. 20555 Alfred V. Sargent, Chairman Town Hall,25 High Road Board of Sele:tmen Newbury, MA 01951 Charles P. Graham, Esq.

Gustave Linenberger Town of Salisbury, MA 01950 AicKay, Murphy and Graham U.S. NRC H. Joseph Flynn, Esq. 100 Main Street Washington, D.C. 20555 Senator Gordon J. Humphrey Office of General Counsel Amesbury, MA 01913 U.S. Senate FEMA Atomic Safety and Licensing Washington, D.C. 20510 500 C Street S.W.

Board Panel (Attn. Tom Burack) Washington, D.C. 2M72 U.S. NRC Washint, ton, D.C. 20555 Selectmen of Northampton George Dana Bisbee, Esq.

- Northampton, New Hamp- Geoffrey M. Huntington, Esq.

Atomic Safety and Licensing shire 03826 Office of the Attorney General Appeal Board Panel State House Annex U.S. NRC . Senator Gordon J. Humphrey Concord, NH 03301 Washington, D.C. 20555 1 Eagle Square, Ste 507 Concord, NH 03301 Allen Lampert Docketing and Senice Civil Defense Director U.S. NRC Michael Santosuosso, Town of Brentowood Washington, D.C. 20555 Chairman Exeter, NH 03833 Board of Selectmen Mrs. Anne E. Goodman Jewell Street, RFD # 2 Richard A. Hampe, Esq.

Board of Selectmen South Hampton, NH 03842 Hampe and McNicholas 13-15 New Market Road 35 Pleasant Street Durham,NH 03842 Judith H. Mizner, Esq. Concord, NH 03301 Silverglate, Gertner, et al.

William S. Lord, Selectman 88 Broad Street Gary W. Holmes, Esq.

Town Hall-- Friend Street Boston, MA 02110 Holmes & Ellis Amesbury, MA 01913 47 Winnacunnent Road Rep. Roberta C. Pevear Hampton,NH 03842 Jane Doughty Drinkwater Road SAPL Hampton, Falls, NH 03844 William Armstrong 5 Market Street Civil Defense Director Portsmouth, Nh v3801 PMllip Ahrens, Esq. 10 Front Street Ass'a tant Attorney General Exeter, NH 03833 Carol S. Sneider, Esquire State House, Station # 6 Assistant Attorney GenerJ Augusta, ME N333 Cahin A.Canney 1 Ashburton Place,19th Floor City Manager Boston, MA 02108 Thomas G. Dignan, Esq. City Hall R.K. Gad II, Esq. 126 Daniel Street Stanley W. Knowles Ropes & Gray Portsmouth, NH 03801 Board of Selectmen 225 Franklin Street P.O. Box 710 Boston, MA 02110 Matthew T. Brock, Esq.

North Hampton, NH 03826 Shaines & McEachern Robert A. Backus, Esq. P.O. Box 360 J.P. Nadeau Backus, Meyer & Solomon Maplewood Ave.

l Town of Rye 111 IAwell Street Portsmouth, NH 03801 155 Washington Road Manchester, NH 03105 Edward A. Thomas Sherwin E. Turk, Esq. FEMA Office of General Counsel 442 J.W. McCormack