ML20203A040

Contentions Opposing Revised Radiological Emergency Response & Compensatory Plans.Plans Violate NRC Regulations & State Law & Provide Inadequate Assurance of Implementation or Protection.Certificate of Svc Encl

ML20203A040
Person / Time
Site:	Seabrook
Issue date:	04/14/1986
From:	Brock M, Mceachern P HAMPTON, NH, SHAINES & MCEACHERN
To:	Office of Nuclear Reactor Regulation
References
CON-#286-778 OL, NUDOCS 8604160213
Download: ML20203A040 (16)

Text

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<)h KELATED CORRESPONUthy,

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UNITED STATES OF AMERICA 00 i NUCLEAR REGULATORY COMMISSION O /QO 1 1

BeforetheNuclearRegulatoryCommisho 15 go;gg i In the Matter of 4T-OL.

i DocketNos.50[M4OL'[ 50-c:u,i, PUBLIC SERVICE COMPANY

{ Seabrook OF NEW HAMPSHIRE Station, Units I and II April 11, 1986 CONTENTIONS OF THE TOWN OF HAMPTON TO REVISED RADIOLOGICAL EMERGENCY RESPONSE PLAN AND TO COMPENSATORY PLAN EQB IliE TOWN QE HAMPTON, EW HAMPSHIRE

-INTRODUCTION On January 17, 1986 this Board issued a Memorandum and Order which established a deadline of February 24, 1986 for filing contentions against the New Hampshire Radiological Emergency Response Plan (RERP),

and against RERP for local governments filed with the State plan.

Af ter expiration of this deadline, the State submitted a Revised RERP for the Town of Hampton to FEMA as well as a Compensatory Plan for the Town of Hampton to be utilized in the event Town personnel are unable  ;

or unwilling to carry out the Hampton RERP during a radiological emergency. The f ollowing contentions are submitted on behalf of the Town of Hampton in opposition to the revised Town of Hampton RERP and  !

to the State's Compensatory Plan.

Based on the contentions set f orth herein, the Revised Hampton RERP and the Compensatory Plan violate NRC re f f.ations and State law.

The Revised Town of Hampton RERP and the compensatory Plan further fail G

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to provide reasonable assurance that the plans is adequate or can be

! implemented in the event of radiological emergency. 10 CFR S 50.47. l 1

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CONTENTIONS I-III. Y2 YII The Contentions I-III, V, and VII previously filed by the Town of Hampton with this Board on the original Hampton RERP, and bases f or ,

same, are hereby realleged and incorporated by reference herein.

l REVISED CONTENTION IM The Revised Hampton RERP and Compensatory Plan f ail to provide .

adequate emergency equipment to support an evacuation in the event of a radiological emergency. ,

10 CFR S 50.47 (8).

I BASIS: NUREG requires that each local RERP include written agreements with any organization serving an emergency response role within the emergency planning zone. NUREG, page 32 (3). The State has entered into three agreements with transportation companies to provide buses and vans to the Town of Hampton in the event of evacuation.

Under the Compensatory Plan, however, only two bus companies will provide the transportation for Hampton in the event of emergency.

Compensatory Plan, page 7A - 24. The transportation provided to the Town of Hampton under the Compensatory Plan and Revised RERP f ail to provide reasonable assurance of adequate protective measures mandated by 10 CFR S 50.47 (A) (1) for the following reasons:

(A) Under the Compensatory Plan, the Berry Bus Company shall provide the Town of Hampton with 40 buses. Page 7 A - 2 4. Under the 2

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terms of the letter agreement with Berry Bus, however, see attached,

'l Berry Bus is only obligated to provide 31 buses in the event of emergency, or 9 fewer buses than even the State acknowledges are necessary in the event of radiological emergency.

! (B) The Compensatory Plan provides only one bus to evacuate i

Aslan's Pride School, Happy Apple Nursery, and the Taylor School l emergency. Compensatory Plan, page 7A - 7. Rather than provide a vari l

to evacuate each of these schools in the event of emergency, the Compensatory Plan theref ore requires a single bus driver to maneuver through heavy evacuation traffic and to proceed to each of the three schools to evacuate the children. Substantial delay, if not impossibility, of requiring a single bus driver to evacuate three schools is unreasonable and would likely result in substantial delay in removing these children from the EPZ.

(C) The Com pe n sa tor y Plan and the Revised Hampton RERP acknowledge that 23 emergency and special needs vehicles will be required to evacuate the Town in the event of emergency. Compensatory Plan, page 7A -7; Revised Hampton RERP, page II - 30. The letter agreements for Hampton's transportation needs, however, fail tc allocate a single emergency or special needs vehicle f or the Hamptor population.

(D) The Revised Hampton RERP does not provide transportation for any vacationers, transients or other non-resident individuals who may lack their own transportation and may be present in the Town at the l

time of emergency. In view of the substantial number of tourists and 3

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transients coming to Hampton throughout the year, and particularly jduring the summer months, it is only reasonable to assume that a i

i significant number of additional public transportation vehicles will be l

' required to promptly carry out an evacuation.

(E) Under the Compensatory Plan, the Timberlane Bus Company of Salem, New Hampshire shall provide the Town of Hampton with 35 buses in the event of emergency. Salem is located approximately 40 miles from the Town of Hampton. Since under the Revised Hampton RERP, individuals evacuated f rom Hampton will be taken to Nashua, immediately adjacent to Salem, Revised RERP, page II-17, the Timberlane buses attempting to reach Hampton f or evacuation purposes will be required to maneuver through evacuation traffic leaving Hampton. The likelihood of substantial delay, if not impossibility, of evacuation vehicles reaching Hampton therefore raises significant questions on the feasibility of the evacuation transportation provided to the Town under its Revised RERP. The Revised Hampton RERP theref ore f ails to provide reasonable assurance of prompt access for emergency vehicles to the EPZ and fails to consider the potential impediments of ' evacuation traf fic in promptly providing evacuation vehicles to the Town. NUREG - 0654, page 6 3.

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REVISED CONTENTION YI The Revised Hampton RERP f ails to demonstrate that local personnel are available to respond and to augment their initial response on a continuous basis in the event of radiological emergency. 10 CRP S 50.47 (b) (1).

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4 BASIS: -The basis for Town of Hampton Contention VI previously filed with this Board is hereby realleged and incorporated by reference herein. By way of further support for Revised Contention VI, the Town i of Hampton states:

l l BASIS:

(E) The Revised Hampton RERP relies upon the cooperation and participation of Town of Hampton employees and of ficials, including Selectmen, RERP IV-2, police, IV-41, and fire officials, IV-16, to implement protective actions in the event of emergency. By vote of the Hampton Town Meeting on March 8,1986, and by Resolution adopted by the Board of Selectmen on March 24, 1986, however, the Town 6f Hampton has declined and refused to participate in the preparation or implementation of the Hampton RERP prepared by the State. Necessarily  ;

the State cannot rely upon Hampton personnel to carry out the State plan for the Town. Accordingly, the Hampton RERP f ails to provide reasonable assurance that Hampton personnel will implement or carry out protective actions during an emergency. l 1

(F) Under the Revised Hampton RERP, the duties and responsibilities of the Town Manager and the Town Civil Defense Director have been expanded. Revised Hampton RERP IV, pages 7-16. The Revised Hampton RERP, however, fails to account for the fact that, within the Town of Hampton, the Town Manager is presently serving as acting Civil Defense Director. Accordingly, the emergency administrative responsibilities placed upon this single individual for 5

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the Town of Hampton are wholly unreasonable and far exceed the abilities of one person, however capable. For example, among other I duties, the Town Civil Def ense Director is required to assess and l

l monitor the Town' transportation needs in the event of emergency and acquire additional vehicles should allocated transportation prove inadequate, Compensatory Plan IV-13,14. At the same time, the Town Manager is responsible to insure that all Town Departments are adequately staffed and that appropriate and adequate staffing is provided throughout the emergency. Compensatory Plan IV-9. Since these responsibilities may continue on a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> basis, it is unreasonable to assume that the Civil Defense Director / Town Manager can

'I continue to provide adequate transportation and personnel for the duration of an emergency as required by 10 CPR S 50.47 (b) (1).

Additionally, even assuming that separate individuals are designated as Town Manager and Civil Defense Director for the Town, the Town believes that the numerous duties imposed on each of these individuals under the Revised Hampton RERP place an unreasonable and unrealistic burden on Town personnel in violation of-10 CPR S 50.47 (b)

(1). For example, the Town's Civil Defense Director is not only required to insure adequate transportation-for evacuees, but must further monitor all manpower and equipment requirements for the entire  !

Town during an evacuation of tens of thousands of people and determine "if th e s e needs can be augmented with State r esou r ce s." Revised Hampton RERP IV-14. No provision is made in the Revised RERP in the event such State resources prove unavailable and by default, these l

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i responsibilities for acquiring additional vehicles or personnel would f all upon the Town Civil Defense Director.

(G) The State Compensatory Plan relies upon local school officials, under direction of a single local liason, to evacuate the I Hampton school students. In violation of NUREG - 06 56 4, page 3 2, no letters of agreement have been filed indicating any willingness on the j part of these individuals to participate in, or accept responsibility for, these mandated responsibilities under the Compensatory Plan, Compensatory Plan, page 13A-14. Additionally, it is unreasonable to aos officials responsible for evacuating the schools are of sufficient numbers, have adequate training, or will otherwise be available to evacuate the more than 2,600 Hampton school children in the event of  ;

radiological emergency. See Compensatory Plan, page 7A-7. )

1 (H) The Compensatory Plan provides that only a single State Police vehicle will be provided to the Town of Hampton to " maintain security and to report on local road and traffic conditions."

Compensatory Plan, Troop A, New Hampshire State Police Emergency Response Procedures, page 2. Since even the State acknowledges that Hampton may have an " upper peak seasonal population of 110,000" Revised Hampton Plan I-ll, it is wholly unreasonable to expect that a single police cruiser can maintain security and remain adquately apprised of road conditions throughout the Town in the event tens of thousands of individuals are attempting to evacuate Hampton.

The Compensatory Plan f urther provides that troopers should not

" expedite the flow of traf fic leaving the EPZ. . . at the expense of 7

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access control f unctions." Compensatory Plan, Troop A Emergency Response Procedure, page A-1. Accordingly, since vehicle breakdowns,

, accidents, stalled cars, and other impediments to evacuation must I

reasonably be anticipated given the number of vehicles and evacuees, j the compensatory Plan makes no provision for State Police or other adequate personnel to maintain the accessibility of the evacuation roads.

Finally, the 28 troopers assigned to access control for Hampton are inadequate to insure reasonably prompt evacuation of the tens of thousands of vehicles leaving Hampton, as well as additional vehicles passing through the Town from surrounding communities at the time of emergency, Compensatory Plan, Appendix C, page C-70. There is no showing that State Police Troop A has sufficient personnel to meet its responsibilities for access control, security and other duties for the Town of Hampton and other communities within the EPZ,_ or to augment this response on a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> basis. 10 CFR S 50.47 (1).

REVISED CONTENTION VIII The Revised Hampton RERP and Compensatory Plan f ail to provide for adequate emergency facilities to an support emergency response. 10 CFR S 50.47 (8).

BASIS: While acknowledging that "Hampton has a very high seasonal population," Revised Hampton RERP II-24, the State has revised the Hampton RERP to purportedly provide for " Protective Actionc For Seasonal Beach Populations." Revised Hampten RERP Appendix G. These 1

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j " precautionary measures" merely provide that beaches may be closed and traffic control initiated f or all but the lowest level of emergency classification in the event an emergency develops at Seabrook. By relying upon evacuation as the sole means to " protect" the beach j population, the State thereby implicitly acknowledges that no adequate sheltering or other protective responses short of evacuation would be appropriate or adequate in the event of radiological emergency.

l lIndeed, the Revised Hampton RERP expressly acknowledges that, although

" sheltering is a valuable protective action. . . sheltering may nnt be considered as a protective action on Hampton Beach during the summer."

Revised Hampton RERP, Page II-26.

- As set forth in the bases to Town of Hampton Contentions IV (Inadequate Transportation), Contention V (Inadequate Road System), and Contention VI (Lack of Adequate Personnel), however, evacuation of the tens of thousands of people f rom Hampton Beach is simply not feasible.1 Since a " major release" of radioactive material may occur within one hour of notification of onset of an accident, NUREG - 0654 pages 13, 14, the thousands of beachgoers, many without benefit of the protection of even normal clothing, will likely be subject to significant radiological exposure and injury. 13, 14.

1 To avoid redundancy, the Town of Hampton shall not repeat the problems, deficiencies, and inadequacies of evacuation as a reasonable protective response, as set f orth in the bases submitted with other Town of Hampton Contentions. Those bases, however, are realleged and incorporated as if fully set forth herein.

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The Revised Hampton RERP and the Compensatory Plan prepared by the State, theref ore, f ail to make provision f or any substantive changes  ;

over the original Hampton RERP to protect the beach population, confirm the Town's position that sheltering or alternative protective actions are unavailable to the Hampton Beach population, i

and fails to demonstrate that evacuation will provide adequate protection in the event of radiological emergency.

CONTENTION IX The Town of Hampton hereby joins in and incorporates by reference herein those additional contentions on the New Hampshire Compensatory Plan previously filed by the Seacoast Anti-Pollution League with this Board, and dated April 8, 1986. '

Dated: April 14, 1986 Respectfully submitted, McEACHERN & THORNHILL By Paul McEachern By Ma tth ew T. Brock Attorneys for the Town of Hampton, NH a

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STATE OF NEW HAMPSHIRE l

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JAMES A. 5AGGIOTES Depv*y Cmreo.e LETTER OF AGREEENT The Berry Transportation Conpany of North Harpton recognizes the critical role of major transportation vehicles in the event of either natural or technological emergencies such as flooding, fires, accidents at irdustrial facilities, including the VeImont Yankee and Seabrook Nuclear Power Plants, and other emergencies. For this reason, Derry Transportation Company agrees to assist the State Emergency response effort, in particular the New Hampshire Civil Defense Agency, by providing transportation as detailed under the terms of this agreement or as requested by the New Hampshire Civil Defense Agency, and for such compensation as is deemed fair and ecpitable by proper -

authority.

Tne number of buses available for transportation purposes during an emeIgency is approximately 65.

The passenger capacity of each bus is 65. The total passenger capacity of all buses is 4,225.

The central maintenance facility for the Berry Transportation Company of buses is located in North Hacpton during the school year.' Buses are located throughout the EoZ. Assigrnent of buses is based on this distribution. -

The number of crivers available for buses and vans during an emergency )

response is 60. I In the event of an emergency and in coordination with the State, Berry Transportation Company will make all efforts to deploy its buses as specified i below: 1 A. 5 buses to Seabrook. B. 6 buses to Hampton Falls.

C. h tuses to Hampton. D. 11 buses to North Hampton.

E. 5 buses to Stratham. F. 5 buses to Rye.

G. 2 buses to Brentwood.

25708/sje

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 31. 50-444 OL (Seabrook Station, Units 1 and 2)

CERTIFICATE QE SERVICE I hereby certify that copies of Contentions of the Town of Hampton to Revised Radiological Emergency Response Plan and to Compensatory Plan for the Town of Hampton, New Hampshire in the above-captioned proceeding have been served on the following by deposit. in the United States mail on this 14th day of April, 1986. '

Helen Hoyt, Esq. , Chairman Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Wasnington, D.C. 20555 (For Federal Express Mail) j Helen Hoyt, Esq. , Chairman

• East West Towers Building '

4350 East West Highway Bethesdia, MD 20814 Dr. Jerry Harbour Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington,-D.C. 20555 Beverly Hollingworth 209 Winnacunnet' Road Hampton, NH 03842 1

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Sandra Gavutis, Chairman Board of Selectmen RFD 1 Box 1154-Route 107 Kensington, NH 03827 Dr. Emmeth A. Luebke Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 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 l State Representative Town of Hampton Falls Drinkwater Road Hampton Falls, NH 03844 Robert A. Backus, Esq.

Bachus, Meyer & Solomon 116 Lowell Street Manchester, NH 03106 2

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l Edward A. Thomas Federal Emergency Management Agency 442 J.W. McCormack (POCH)

Boston, MA 02109 H. Joseph Flynn, Esq.

Assistant General Counsel Federal Emergency Management Agency 500 C Street, S.W.

Washington, D.C. 20472 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 i

1 Angie Machiros, Chairman Board of Selectmen 25 High Road Newbury, MA 09150 Jerard A. Croteau, Constable 82 Beach Road '

P.O. Box 5501 Salisbury, MA 01950 i

Diane Curran, Esq.

Harmon & Weiss 2001 S Street, N.W.

Suite 430 Washington,:.D.C. 20009 l

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l 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 Commission 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 , NH 03870 Michael Santosuosso, Chairman Board of Selectmen South Hampton, NH 03827 Stanley W. Knowles, Chairman Board of Selectmen P.O. Box 710 North Hampton,1E 03862 '

William Armstrong Civil Defense Director ,

Town of Exeter '

10 Front Street l Exeter, NH 03833 Peter J. Matthews, Mayor City Hall l

Newburyport, PUL 09150 4

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William s. Lord Board of Selectmen Town Hall - Friend Street i Amesbury, MA 01913 )

Mrs. Anne E. Goodman, Chairman l Board of Selectmen 13-15 Newmarket Road Durham, NH 03824 Gary W. Holmes, Esq.

Holmes & Ellis  !

47 Winnacunnet Road .

Hampton, NH 03842 l

Dated: April 14, 1986 ak

• Matthew T. Brock, Esq. i 5

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