ML20197G491

Response to Applicant First Set of Interrogatories Re Offsite Emergency Planning & Request for Production of Documents.Certificate of Svc & Svc List Encl.Related Correspondence

ML20197G491
Person / Time
Site:	Seabrook
Issue date:	05/13/1986
From:	Doughty J SEACOAST ANTI-POLLUTION LEAGUE
To:
References
CON-#286-140 OL, NUDOCS 8605160242
Download: ML20197G491 (12)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD In the Matter of PUBLIC SERVICE COMPANY OF Docket Nos. 50-443 OL NEW HAMPSHIRE, et al 50-444 OL (Seabrook Station, Units 1 and 2) (Off-Site EP)

SEACOAST ANTI-POLLUTION LEAGUE'S ANSWERS TO APPLICANTS' OFF-SITE EP INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS TO SEACOAST ANTI-POLLUTION LEAGUE, INC. (SET NO. 1) 8605160242 860513 PDR G

ADOCK 05000443 PDR

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SEACOAST ANTI-POLLUTION LEAGUE'S ANSWERS TO APPLICANTS' OFF-SITE EP INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS TO SEACOAST ANTI-POLLUTION LEAGUE, INC. (SET NO. 1)

The Seacoast Anti-Pollution League hereby responds to Applicants' Interrogatories and Request for the Production of Documents to Seacoast Anti-Pollution Leegue, Inc. -'

SAPL has responded only to the relevant General Interrogatories and the Speci fic Interrogatories by SAPL because of t ime cons traints.

SAPL does not intend to part icipate in the content ions of any of the other parties to this proceeding except through cross-examination of witnesses.

Pursuant to 10 CFR 62.740(3)(1)(11), SAPL will supplement its information regarding witnesses as further information becomes available.

General Interrogatorles j G-4 (a) SAPL has not conducted any survey as described in this

question. SAPL is aware of the answers to this question being propounded by Hampton Falls, South Hampton and Kensington and incorporate those towns' responses to this question and its subparts by reference. Additionally, SAPL is aware of and has possession of petitions by the Exeter Education Association and School Administrative Un ion # 21. Further, SAPL has informal knowledge of certain town officials and employees who have expressed their unwillingness to carry out an emergency role in the event of a radiological emergency at Seabrook. SAPL has no knowledge of other s tudies by any of the other EPZ towns.

(b) The Exeter Education Association petition is under a January 27, 1986 cover let ter of Roxanne Wazlaw, President of the Association. SAPL believes the EEA conducted that petition drive, but is not certain of that. The SAU #21 petition drive was conducted by the Seacoast Education i

Association Executive Board. Both petitions contain the signatures of school teachers; the EEA petition has 141 signatures and the SAU #21 petition has 150 signatures.

(c) SAPL does not have any additional knowledge beyond the fact that the input of teaching employees to the surveys is reflected in the surveys by their signatures.

(d) SAPL has possession of the Exeter Education Association petition and the SAU #21 petition as identified above.

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G-5 (a) SAPL has not conducted a survey of the N.H. EPZ towns wi th regard to this ques tion and does not as yet know the answers to this question except as follows:

For Hampton Falls and Kensington, the answer is yes, insofar as there are operating procedures by department. For South Hampton, the answer is no in that the town has informal arrangements for handling such matters.

(b) This is answered as fully'as SAPL is able at present in part (a) above.

(c) SAPL unders tands that the Town of Hampton Falls is prepar ing a feasibility study. The answers for South Hampton is no, but there is a committee in South Hampton to review the state-prepared plan. - SAPL - does not know the answer to this for any of the other communities.

(d) It is SAPL's understanding that the Hampton Falls feasibility study is being conducted under the direction of the Board of Selectmen, that it has been underway for some time and is' expected to be completed in June. No consultants or professionals contributed to or assisted in the development of the study.

G-6 (a) SAPL objects to this question as irrelevant. Without.

waiving objection, SAPL's answer is that it is SAPL's understanding that South Hampton, Hampton Falls, and Rye of ficials have so acted in conformance with the expressed wishes of the citizens of the town as ascertained by town meeting votes.

(b) It is SAPL's understanding that the Board of Selectmen in Hampton Falls requested- that day care centers and campgrounds not respond to a survey pending development of the town's own plan. It is SAPL's understanding that the Town of South Hampton Board of Selectmen have directed that town officials act in accordance with the votes of the town meeting.

G-7 (a) To SAPL's knowledge, only Hampton Falls of ficials have so requested because the Town is conducting its own survey.

(b) The Hampton Falls Board of Selectmen so suggested. SAPL l does not know on which date or dates.

G-8 (a) SAPL objects to this question, in part, in that it, in

, part, seeks to violate attorney-client privilege. SAPL's j Field Director, Jane Doughty, has recommended on several

occasions that cooperation with NHCDA is not in the best I

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in t eres t of towns. This advice has mostly been in response to the fact that the Director of NHCDA submitted to FEMA for review plans for the N.H. communities without first

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apprising a number of the towns of this action. SAPL's ,

Field Director also earlier sent out a copy of correspondence from the Mass. Attorney General's Office to Massachusetts towns to all of the New Hampshire towns' Boards of Selectmen.

(b) See above.

(c) SAPL's Field Director does not recall the specific dates ,

places, or precisely to which N.H. town officials advice has been given. The above-mentioned letter was sent to all N.H. towns' Boards of Selectmen on October 22, 1985.

(d) SAPL is aware that Robert A. Backus is legal counsel for the Towns of South flamp > :n and Hampton Falls in the mat ter of the Atomic Safety and Licensing Board proceedings and in the matter of a suit arising in the Town of Exeter as regards the authority of town meeting votes over matters of civil defense.

G-9 (a) SAPL does not have direct knowledge upon which to base a response to this query other than as follows: During the August 1983 ASLB hearings, the represdentatives of the towns present did converse with and may have sought advice from the counsel representing the Commonwealth of Massachusetts in the proceeding.

(b) The counsel referred to in the context of SAPL's response

, is former Assistant Attorney General Jo Ann Shotwell.

(c) The representatives of the towns who may have sought advice were Ann Verge, then Selectman of South Hampton; Sandra Gavutis, Kensington Selectman; Diana Randall, the designated representative of the Town of Seabrook; Rep.

Roberta Pevear, Hampton Falls Civil Defense Director and Guy Chiches ter, the designated representat ive of the Town of Rye.

, (d) The place where such counsel or assistance may have been rendered was the Strafford County Superior Courthouse.

l Specific Interrogatories XXXV-1 Yes, SAPL does intend to litigate Contention SAPL 5.

XXXV-2 The purpose of field monitoring is to obt'ain a data base upon which to base a confirmation of estimates of radiological releases made on the basis of on-site measurements. The EPA " Manual of Protect ive Act ion Guides and Protective Actions for Nuclear Incidents" states:

" Detection and measurement at locations offsite are necessary to update and/or confirm predictions about the '

movement of the release in the environment." (emphasis added)

XXXV-3 SAPL does not claim that a preliminary protective action recommendation cannot precede the beginning of radiological monitoring. However, the confirmatory data radiological monitoring provides is necessary to ensure that the proj ect ions f rom on-site data are indeed reliable.

Proteetive action recommendations ought to be based on reliable information about the levels of radionuclide releases to the environment and ought to be modified if necessary.

] XXXV-4 SAPL would cite the overall " reasonable assurance" standard j at 10 CFR 050.47(a)(1). There is no reasonable assurance

that " adequate" protective measures are being taken until the on-site projections have been confirmed by off-site monitoring. The Commission's regulations do not state that there should be reasonable assurance after an hour and a hal f has gone by. The' regulat ions contempla te t imely monitoring. NUREG-0654 II.I.8 states that "Each-organization, where appropriate, shall provide methods, equipment and expertise to make rapid assessments of the i actual or potential magnitude and locations of any radiological hazards through liquid or gaseous release l l pathways." (emphasis added)

XXXV- 5 (i) Though the KLD study contemplates that inbound traf fic lanes will remain open for inbound traffic, it does not make any showing that adequate provisions will indeed ensure that that will be the case. The KLD

study has no traffic control posts except at

intersections and the state has too few police personnel to staf f even the intersections where there are supposed to be guides. Along the sections of road connecting the intersections, there is no traf fic

control to ensure that drivers will not use all lanes i in an outbound direction, therein blocking the progress of inbound traffic.

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g (ii) Field monitoring is important because the state might inadvertently order the evacuation of the wrong regions of the EPA (see KLD Progress Report No. 2, p.54) as a consequence of inaccurate on-sita projections of the direction of the release. The state .indeed might only have ordered that people should shel ter in place when the actual doses should have prompted an evacuation order. Further, monitoring might reveal. that an evacuation order should be made for communities beyond the 10 mile EPZ. In discussion of the choice of a 10 mile EPZ as the planning basis, NUREG-0654 states: " detailed planning within 10 miles would provide a subs tant ial base for expansion of response efforts in the event that this proved necessary." (P. 12) Monitoring i could be necessary to determine if this expansion of response efforts was called for under the circumstances of the accident.

XXXV-6 SAPL objects to suis question as it seeks to place the burden of developing an adequate plan on SAPL. This is not SAPL's burden.

XXXV-7 Monitoring activities over even several hours or days I 1 deg 2nding on radiation levels, could result in the exposure j of monitoring teams to excessive and perhaps even lethal doses of radiation. The monitors should have sufficient i

back-up so they can be withdrawn from duty when they have been exposed to the permissible dose limit. Further, SAPL's Field Director has had limited experience in working

on a scient ific sampling team. It is her opinion that it would be exhausting to serve in this capacity for 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> at a stretch several days in succession.

XXXV-8 The FEMA Technical Review of the New llampshire State Plan for Seabrook, dated 12/84, states at C.I.b.:

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As was discussed approximately one year ago, the concept of utilizing federal staff resources (sic) substitute for an inadequate number of State employees in the performance of their normal duties will generally not work. FEMA will not be available to staff NilCDA functions because of other emergency

! management duties. Should an uccident occur which necessitates a full-scale federal cerponse, EPA and DOE will in all probabili ty bc ver, inuch involved 'In fulfilling their own agency's responsibilities.

Therefore, use of federa1 resources, as is being requested by DPH, cannot be approved.

XXXV-9 SAPL has not yet determined whether or not a witness or witnesses will be offered as regards this contention.

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XXXVI-1 Yes, SAPL intends to litigate Contention SAPL 7.

XXXVI-2 This asser t ion is based upon the inf ormat ion provided SAPL by SAPL's expert witness on this contention (see XXXVI-4 below).

XXXVI-3 Indeed, this is an area where the federal government has f ailed to provide guidance. Chap t er 4 o f t he EPA's " Manual of Protective Action Guides and Protective Actions for Nuclear Incidents," which is to deal with material depos i ted on proper ty or equipment , is yet to be developed.

(See p. 4.1) In the absence of federal guidance, common sense should reign. It is quite clear that accidents could result in a very large colume of contaminated materials.

Therefore, a very large storage volume should be planned for in order to provide reasonable assurance that the public will be adequately protected as 10 CFR 950.47(a)(1) requires.

XXXVI-4 (a) Dr. Donald L. Herzberg Rt. 1, RFD 173 Norwich, VT 05055 Age 42 Chief of Nuclear Medicine, Da r tmo u t h-li i t ch co c k Medical Center Dr. lierzberg's occupat ion and fields of exper t ise are diagnostic radiology and nuclear medicine.

Dr. ilerzberg's education is as follows:

Washington University St. Louis, Missouri Medical School 1964-68 MD University of Texas Medical Branch Galveston, Texas Radiology Residency 1969-72 Dr. lierzberg is a member of the following organizations:

Society of Nuclear Medicine American College of Nuclear Physicians Radiologic Society of North America American College of Radiology American Institute of Ultrasound in Medicine He has belonged to all of the above organizations from roughly 1972 to the present except the last, to which he has belonged f rom roughly 1976 to the present.

Dr. Herzberg will be sending SAPL a listing of his publications. Dr. Herzberg possesses 5 licenses, including a N.H. 1icense. He will be sending SAPL the specifics as regards the licenses.

Dr. Herzberg has been working f ull t ime in his fields of expertise since 1969.

Dr. Herzberg served in the Air Force from 1972-1974 as I of 2 base radiologists at Barksdale AFB, Louisiana. Dr. Herzberg held the rank of Major.

From 1974-1980, he worked at the University of Arkansas for Medical Sciences in Little Rock, Arkansas.

From 1980 to the present he has been employed at Dartmouth-Hitchcock Medical Center.

Dr. Herzberg has twice been involved in the clean up of lab accidents and he has part icipated in mock decontamination drills. The University of Arkansas for Medical Sciences was the medical facility for Arkansas Nuclear 1.

Dr. Herzberg has not been consulted in any prior 1itigatlon.

(b) Dr. Herzberg will testify both as to the problems involved in decontaminating individuals and as to the numbers of contaminated persons who can realistically be dealt with in a given time frame.

(e-h) SAPL does not have time to answer questions c-h yet and will supplement as soon as possible.

XXXVII-1 Yes, SAPL does intend to litigate Contention SAPL 8.

XXXVII-2 SAPL has not yet sought out this speci fic inf ormat ion and therefore does not yet know whether or not this has been a problem during any past emergency situations.

I XXXVII-3 See XXXVII-2 above.

XXXVII-4 See XXXVII-2 above.

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i XXXVII-5 SAPL is not aware of what steps may have been taken by Police Chief Christie.

XXXVII-6 SAPL is not aware of what recommendations in this regard

may have been made by Police Chief Christie or any other officials in Hampton Falls. ,

XXXVII-7 SAPL is not aware of what, if any, ef forts have been made.

XXXVII-8 SAPL is not aware of the answer to this question. -

i XXXVII-9 SAPL is aware that 3 of the Hampton selectmen wrote a letter to Governor John Sununu on October 29, 1985 indicating that each of the Town of Ilampton's department heads had agreed that they did not have enough manpower j to carry out the plan. The selectmen noted the concern i that if all towns in the EPZ turned to the State for j assistance, there would not be enough State workers to go i around.

i XXXVII-10 SAPL is not aware of the answer to this question.

1 XXXVII-11 SAPL i s aware t ha t there will be a working session between i NHCDA and Kens ington of ficials on May 21, 1986 to discuss al1 of the recommendations Kensington has come up with.

) XXXVII-12 Radiological monitoring, traffic control and/or standing in for local community personnel. The bases are set out i in sections of SAPL Contention Nos. 5, 8, and 8A.

!' Additionally, the KLD study relys on 81 local and interstate guides for traffic control posts in N.H. communities and j an additioni 27 at Access Control Posts in N.H. That totals 108. Troop A of the N.H. State Police only has 37 officers assigned at present.

, XXXVII-13 Yes, SAPL intends to of f er the tes t imony of local of ficials i and other citizens who are knowledgeable in the area of l manpower needs and availability.

(a)

Not yet confirmed.

(b) See above.

XXXVIll-1 No, SAPL does not intend to litigate Contention SAPL 14.  !

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XXXIX-1 Yes, SAPL does intend to litigate Contention SAPL 16. I i

XXXIX-2 The primary reason why SAPL contends that the requirements of NUREG-0654 II.J.10.m. are not met is that the evacuation

. time estimates are underestimated. The second reason is l that SAPL contests the validity of the dose reduction i

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6-factors set out in Figure 5 in Appendix F of the NHCDA procedures. For example, SAPL does not agree that the dose reduction factor for the Home for Aged Women in Portsmouth is .1 and that a 50 rem outside projected whole body dose should be allowed before an order to evacuate that facility.

XXXIX-3 This has not yet been determined.

XL-1 Yes, SAPL does intend to litigate Contention SAPL 17.

1 XL-2 SAPL believes that a standard of reasonableness should be i applied, as in 10 CFR 650.47(a)(1). The needs for j communication with special facilities and the numbers of l persons with special needs (both of which vary from

! community to community) ought to be f actors weighed in the determination of how many phone lines to install. The number of lines installed should be sufficient to assure reasonably that all emergency communicat ions can be carrled out promptly, as NUREG-0654 Planning Standard F states ought be done.

XL-3 Besides the overall " reasonable assurance" standard at 10 CFR 550.47(a)(1), 650.47(b)(6) and NUREG-0654 Planning Standard F. The last-mentioned provides for " prompt communication among principal response organizations to emergency personnel and to the public." The word

" communication" implys a back and forth exchange of informatlen, as opposed to the word " announcement" which could have been used if only one-way information transmission were contemplated. Further, NUREG-0654 II J.10g. specifies that there must be means of relocation.

The public must have a way of securing those means from emergency responses.

XL-4 SAPL would assume that those seeking to contact the EOC i

by telephone would be those who had already unsuccessfully tried to seek a ride from a neighbor.

XL-5 No, SAPL would anticiapte that there would be a number of individuals, including par t icularly the elderly, who would not be able to get to the designated pickup locations.

XL-6 SAPL relies on Mr. Paul Labonte of New England Telephone 1

for all the details in this response. SAPL's unders tanding is that a crash of an FB-111 fighter aircraft in Seacrest Village in Portsmouth, NH resulted in many people at tempting to make calls all at once. Mr. Labontemade the decision to institute line load control.. SAPL does not know for how long.

, XL-7 It is SAPL's understanding that there have been changes, but that a heavy volume of calls could still create problems for the phone system (the system is now electronic rather than electromechanical).

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. m XL-8 SAPL objects to this question in that it seeks to shift the burden of developing a workable plan onto SAPL.

XL-9 SAPL has not yet reached a definite determination as to whether to bring an expert witness or witnesses on this contention.

XL1-1 SAPL intends to waive this contention if its Contentions Nos. 27 and 28 are admitted.

XLI-2 See answer XLI-1.

Stil-1 Yes, SAPL does intend to litigate Contention SAPL 25.

XLII-2 Yes.

XLil-3 SAPL does not believe so and would expect that the reason why not is that Hampton Falls does not r ecogn ize NilCDA as the preparer of the town's plan.

XLII-4 See answer XXXVII-12 above.

XLII-5 Yes, SAPL intends to of f er the testimony of local of ficials and other citizens who are knowledgeable in the area of transport of the mobility impaired population.

(a) Specific witnesses have not been confirmed.

(b-h) See above.

Respectfully submitted, SEACOAST ANTI-POLLUTION LEAGUE Dated: 5, is, S(, BY: O- 6_ OMT _

I 8 Jan! Doughty j Q STATE OF NEW IIAMPSHIRE COUNTY OF Then personally appeared the above-named Jane Doughty and acknowledged that the foregoing statements by her subscribed are true and correct to the bes t of her knowledge and belief. Bef ore me.

Aarsu t _^ 23___

ToTary Public/

,-st- .e tu onnee h Ducharme, Notary Pubnc My Commission EMres December 12,1980

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CERTIFICATE OF SERVICE AND SERVICE LIST 1

l' Joseph Flynn Helen Hoyt. Chm.

• Thomas Dignan, Esq.*

Fed. Emerg. h!gmt. Agcy. Admn. Judge Ropes & Gray

Region I Atomic Safety & Lic Brd. 225 Franklin St.

l J.W. h!cCormack POCH USNRC Boston, !!A 02110 Boston, MA 02109 Washington, DC 20555 l Office of Selectmen Dr. Jerry Harbour *' Docketing & Serv. Sec.*

Town of Hampton Falls Admin. Judge Office of the Secretary i Hampton Falls, NH 03844 Atomic Safety & Lic Brd.

USNRC '

} USNRC Washington, DC 20555 i Washington, DC- 20555 4

Shenvin E. Turk, Esq.* Jane Doughty Dr. Emmoth A. Luebke*

Office of Exec. Legl. Dr. Admin Judge SAPL RC Atomic Safety & Lic, Brd. 5 Market Street Wahsington, DC 2055_ USNRC Portsmouth, NH 03801 Washington, DC 205L5 l

l Phillip Ahrens, Esq. Paul hicEachern, Esq. George Dana Bisbee, Esq.*

4 Asst. Atty. General Matthew Brock, Esq. Attorney General's OFF.

State House, Sta. #6 25 Maplewood Ave. State of New Ilampshire

Augusta, ME 04333 P.O. Box 360 Concord, NH 03301 Portsnouth, MI 03801

Carol Sneider, Esq. , Asst. AG Diane Curran, Esq. William S. Iord

. One Ashburton Place, Ilarmon, Weiss Board of Selectmen 3

19th Floor 20001 S Street NW Suite 430 'Ibun Hall-Friend St.

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Boston, MA 02108 Washington, DC 20009 Amesbury, MA 01913 1

i Richard A. Hanpe, Esq.* Maynard Young, Olairnnn Sandra Gauvutis j New Hampshire Civil Defense Board of Selectmen Town of Kingston Agency 10 Central Road Box 1154

Hampe & McNicholas Rye, MI 03870 East Kensington, NI 03827 i 35 Pleasant St.

! Concord, NI 03301 Edwnrd Thomas

• Mr. Robert Harrison FEMA Pres. & Chief Exec. Officer i

442 J.W. McCormack (POCII) PSCO Boston, MA 02109 P.O. Box 330 Manchester, NH 03105 1

Roberta Pevear

! State Rep.-Town of IIanpt Falls 3 Drinkwater Road Hanpton Falls, MI 03844 l

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