ML20205E027

New England Coalition on Nuclear Pollution (Necnp) & Town of Hampton (Toh) Reply to Applicant & NRC Staff Responses to Contentions Toh/Necnp EX-2 & Toh/Necnp EX-3.* Svc List Encl

ML20205E027
Person / Time
Site:	Seabrook
Issue date:	10/21/1988
From:	Curran D HAMPTON, NH, HARMON, CURRAN, SPIELBERG & EISENBERG, LLP., NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20205D950	List: ML20205D948 ML20205E027
References
OL, NUDOCS 8810270282
Download: ML20205E027 (5)

Text

i October 21, 1988 l'M *il N

UNITED STATES NUCLEAR REGULATORY COhMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 28 OCT 25 P5 :00

)

In the Matter of ) qu o . .

) o0C ii ' o f Public Service Company of )

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

, ) 5C-444 OL (Seabrook Station, Units 1 & 2) ) OFFSITE EMERGENCY

) PLANNING

)

NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S AND TOWN OF HAMPTON'S REPLY TO APPLICANTS' AND NRC STAFF'S RESPONSES TO CONTENTIONS 10H/NECNP EX-2 AND TOH/NECNP EX-3 The New England Coalition on Nuclear Pollution ("NECNP") and che Town of Hampton ("TOH") hereby respcnd to Applicants' and the NRC Sta'.f's responses to Contentions TOH/NECNP EX-2 and TOH/NECNP EX-3.1 CONTENTION _TOH/NECNP EX-2 This contention asserts that the exerciso demonstrated no reasonable assurance that adequate protective measures can and will be taken to protect school children during a radioingical emergency at Seabrook. Tht oasis of the contenticn describes confusing and conflicting protective orders and public announce-monts that were issued during the exercise, as well as dif-ficulties experienced by drivers in carrying out a mock evacua-tion.

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1 NECNP's and TCH's response to the Applicants and Staff with respect to contention TCH/NECNP EX-1 has been filed separately by the Town of Hampton.

2-Applicants object th t this contention raison points that are covered by SAPL EX .'., v51ch also challengos the adequacy of protectivo actions for sch JA children as demonstrated by the exerciso. Applicants' Rorponso at 97. The Staff suggests that this contention be consolidated with SAPL EX-1, and that the con-tention be "limited to the stated banos." Staff Bosponse at 90-

91. Neither party asserts a substantive objection to the conton-tion.

NECNP and TOH agree that given the basic similarity ci their assertions, it is appropriato to consolidato contentions TOH/NECNP EX-2 and SAPL EX-1. It should be understood, however, that while lead intervonors may be assigned to all or parts of a consolidated contention for purposes of litigation, NECNP, TOH, and SAPL will continue to have separato and independent interests in ths contention.

The Staff errs in arguing that this contention must be 12mited to its bases. The purpose of providing a basis for a contention is intended to provido some underpinning for the claims made in the contention. It is not intended to constituto a comprehensivo list of the facts that a party intends to try in hearings. To require such a comprehensivo listing of facts would amount to making parties lay out their evidentiary caso at the very start of a proceeding, before they had time for discovery or development of the facts. Such a result would be absurd.

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l goNTENTION TOH/NECNP EX-3 This contention asserts that the severe lack of coordination between the State of New Hampshire and the New Hampshira Yankee ,

i Offsite Rusponse Organization during the exercise resulted in a failure to provide adequate protection to the public health and l safety. The basis for the contention is the observation that the order to close New Hampshire beaches was given over an hour before closure of Massachusetts beaches. The likely result of such a lack of coordination'would be that Mtssachusett,s residents would evacuate beach areas early, before an evacuation was l planned and before traffic control personnel could be in place.

Applicants and Staff claim that NECNP has failed to show any [

harm resulting from the early evacuation of the beaches by Massa- l chusetts residents who be eone aware of the New Hampshire evacua- [

tion. Applicants' Response at 98; Staff's Response at 91. The i

risks created by such an occu2rence are obvious, beginning with the panic and confusion sown among Massachusetts residents who overhear an emergency message directed to people on beaches just 7 i

a few miles away, but who are given no idea of how that message relates to them.

Second, any ad hts evacuation that is not planned for or r anticipated by the emergency response organization can reascnably l i

be expected to pose an additional risk to public health and safety. Traffic control is part of the planned response for the Massachusetts sector of the EP2, and its abset.co during an ad has evacuation would af fect the adequacy of an emergency response.

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Whether the Licensing Board ultimately determines the level of risk posed by such an ad h2g evacuation to be undue is a matter for litigation, not a valid basis for rejecting this contention.

Finally, the importance of coordir_ating emargency responses across governmental boundaries has been emphasized in NUREG-0654.

NUREG-0654 at 19-24. The inconsistent beach closures provide a warning of general coordination problems that may affect many other aspects of an emergency response directed concurrently by organizations in adjacent states. The contention should be admitted.

Respectfully submitted on behalf of NECNP and TOH, Diane Curran HARMON, CURRAN & TOUSLEY 2001 "S" Street N.W. Suite 430 Washington, D.C. 20009 (202) 328-3500 October 21, 1988

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CERTIFICATE OF SERVICE

! I certify tt.at on October 21, 1988, copies of this pleading were served by first-class mail or as otherwise indicated on the parties to the attached service list.

Diano Curran

SEABROOK SERVICE LIST l Offsite Licensing Board Stanley W. Knowies Matthew T. Brock, Esq. -c Ivan W. Smith, Chairman Board of Selectmen Shaines & McEachern  ; 7 7 j, ; . , .

Atomic Safety and ucensing Board P.O. Dox 710 P.O. Dox 360 US Nuclear Regulatory Commission North llampton, N11 CES Maplewood Awnue Washington, D.C 20535 Portsmouth, N1103801 J.P. Nadeau 88 OCJ 25 PS :00 Dr. J1rry liarbour Town of Rye Sandra Gavutis Atomic Safety and Ucensmg Board 155 Washington Road RFD 1, Dox 1154 US Nuclear Regulatory Commission Rye, New flampshire 03870 East Kensington, NIX 03827 V.I#4l. t i, r u G C nt ! m. 2 . ~s,Li Washington, D.C 20555 E'N N'O Senator Gordon J. Ilumphrey Robert A. Backus, Esq.

Gustve unenberger US Senate Backus, Meyer & Solomon Atomic Safety and Ucensing Doard Washington, D.C 20510 til lont11 Street US Nuclear Regulatory Commission (Attn. Tom Durack) Manchester Nil 03105 Washington. 9 C 20555 Richard A. Ilampe, Esq. "Shermin E. Turk, Esq.

Robert R. Pierce, Esq. llampe and McNicholas Office of General Counsel Atomic Safety and ucensing Board 35 Pleasant Street US Nuclear Regulatory Comminion US Nuclear Regulatory Commission Concord, N1103301 Washington, D.C 20535 Washington, D.C 20555 Gary W. lio!mes, Esq. II. Josepb ihnn, Esq.

Atomic Safety and Ucensing IIolmes & Dlis Office of General Counsel Doard Panel 47 Winnacr.nnent Road FEMA US Nuclear Regulatory Commission llampton, N1103S42 500 C Street S.W.

Washington, D C 20555 Washington, D C 20472 William Armstrong Dcchering and Sernce Branch Cm! Defense Director George Dana Disbee, Esq.

US Nuclear Regulatory Comruission 10 Front Street Geoffrey M. Iluntington, Esq.

Washington, D.C. 20555 Exeter, N1103833 Office of the Attorney General State llouse Aenex William S. Lord, Selectman Cama A. Canney Concord, Nil 03301 Town Itall- Fnend Street City Manager Amesbury,MA 01913 City IIall R. Scott IlillMhilton 126 Daniel Stree: La goulis, Cla rk, Ilill.Whilton Mrs. Anne E. Gocdman Portsmouth, N11 03801 and McGuire Doard of Selecimen 79 State Street 1315 New Market Road Ed=2rd A. Thomas Newbur> Tort, MA 01950 Durham, N1103842 FEAM 442 J.W. McCormack (POCII) Diana Sidebotham Senator Gordon J. If umphrey Doston,MA 02109 RfD # 2 Dor 1260 1 Eagle Square, Ste 507 Putney,VT 05}&6 Concord, Nil 03301 Charles P. Graham, Esq.

McKay, Murphy and Graham Richard Donoun Michael Santosuosso, Chairman 100 Main Street FE.MA Doard of Selectmen Amesbury, MA 01913 442 J.W. McCormack (POCII)

Jewell Street, RI'D # 2 Doston, AM 02109 South llampton, N1103M2 Alfred V Sargent, Chairman Board of Selectraen Jane Doughty Judith II. Muner. Esq. To n of Salisbury, MA 01950 SAPL Silvergf ate, Ge rtne r, et al. 5 Market Street Rep. Rckria C Pescar Portsmouth, N11 03801 8:1 Drmd Street Docton,MA 02110 Dnnkuter Road llampton falls, N1101%4

'*1hornas G. Dignan, Esq.

IL K. Gad !!, Esq. Philhp Ahrens, Esq. " Overmght Delivery Ropes & Gray Assatant Attorney General 225 Trantha Street State !!ouse, Sution #6 Doston, MA 02110 Augusta, ME 04333 Carol S. Sneider, Esquire Allen Lampert Auistant Attorney General Civil Defense Director 1 Ashburton Place,19th 11oor Town of Brentomood Dc: ton, MA 02108 Eacter, Nil 03S33 L