ML20205N288

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Motion for Summary Disposition on New England Coalition on Nuclear Pollution Contention Number NHLP-2.* Motion Based on Listed Reasons & Rh Strome & Am Callendrello Affidavits. Statement of Matl Facts Not in Dispute Encl
ML20205N288
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 03/25/1987
From: Dignan T
PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML20205L804 List: ... further results
References
OL, NUDOCS 8704020647
Download: ML20205N288 (8)
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Text

Q Dated: March 25, 1987 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

) Off-site Emergency (Seabrook Station, Units 1 and 2) ) Planning Issues

)

)

MOTION FOR

SUMMARY

DISPOSITION ON NEW ENGLAND COALITION ON NUCLEAR POLLUTION CONTENTION NO. NHLP-2 Pursuant to 10 CFR 5 2.749, on the basis of the facts set forth in the Affidavit of Richard H. Strome (NHLP-2) and the Affidavit of Anthony M. Callendrello, and for the reasons set forth below, Applicants move the Board to enter an order granting summary disposition in Applicants' favor with respect to New England Coalition on Nuclear Pollution (NECNP) Contention No. NHLP-2.

REASONS FOR GRANTING THE MOTION NECNP Contention No. NHLP-2, as admitted by the Board in its April 1, 1986 Memorandum and Order raises the issue of 870402 PDR A  % $$$o$$43 PDR G

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.whether there are adequate personnel resources available to-allow "each principal response organization . . . to respond t and to augment its initial response on a continuous basis."

The subparts of this contention proferred for summary-disposition are a, d, [f], g, h, i, and j.

Subpart a contends that the police forces within "the towns surrounding Seabrook do not have sufficient personnel or resources to carry out their responsibilities under the

. plan." The supporting basis of this subpart provides examples of the numbers of personnel available to various town police departments. In addition, it provides a listing of tasks asserted to be associated with police personnel.

However, it draws no determination of what number of police personnel establish the standard for plan adequacy.

As a result of the establishment of an ongoing personnel resources identification and assignment program, it has been established that there are sufficient numbers of personnel available to support the implementation of assigned police tasks. Each town falls into one of two categories. Either the town has sufficient numbers of police personnel to' l implement these tasks or the town may be supplemented by the use of municipal volunteers, members of other town or i

support organizations, and/or state police personnel. ]

Subpart d asserts that there is no demonstration that private companies or individuals relied on "to assist in an I

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emergency will actually be able, committed and willing to perform those functions." The basis provided is that no letters of' agreement providing school buses and. towing facilities are-included.

Letters of agreement detailing the terms under which bus companies and towing services will provide'their respective l

-l resources are included in Volume 5 of the New Hampshire l 1

RERP. Letters of agreement concerning bus and bus driver l support contained in Volume 5 include agreements with bus {

t companies, Teamsters Local No. 633 of New Hampshire, and the 1

New Hampshire Transportation Association. _Together, these organizations provide transportation resources in excess of the numbers required in Appendix I to Volume 2 which  !

outlines transportation resource requirements. Furthermore, I letters of agreement with towing companies reflect a  !

commitment for a total of 42 towing vehicles with the required drivers and crew. See NHRERP Rev. 2, Vol. V.

Subpart f asserts that due to the lack of sufficient personnel and resources, and the common practice of "ad hoc" assistance provided by private contractors, there is no assurance provided that the highway department can assure that roadways will remain open to support an evacuation. I organizations, facilities and arrangements are in place i to support the present needs of the towns. The plans do not contemplate any extraordinary measures beyond those faced l

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emergency will actually be able, committed and willing to perform those functions." The basis providad is that no letters of agreement providing school buses and towing facilities are' included.

Letters of agreement detailing the terms under which bus-companies and towing services will provide their respective resources are included in Volume 5 of the New Hampshire RERP. Letters of agreement concerning bus and bus driver support contained in Volume 5 include agreements with bua companies, Teamsters Local No. 633 of New Hampshire, and the New Hampshire Transportation Association. Together, these organizations provide transportation resources in excess of the numbers required in Appendix I to Volume 2 which outlines transportation resource requirements. Furthermore, letters of agreement with towing companies reflect a commitment for a total of 42 towing vehicles with the required drivers and crew. See NHRERP Rev. 2, Vol. V.

Subpart f asserts that due to the lack of sufficient personnel and resources, and the common practice of "ad hoc" assistance provided by private contractors, there is no assurance provided that the highway department can assure that roadways will remain open to support an evacuation.

Organizations, facilities and arrangements are in place to support the present needs of the towns. The plans do not contemplate any extraordinary measures beyond those faced i

,I

. . _ , ,-.. ._. ._m. . , _ . ,

1 l

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1 routinely by town public works departments. Furthermore, extraordinary measures are not required because a nuclear power plant is in the area. Southern California Edison Co.

(San Onofre Nuclear Generating Station, Units-2 and 3),

CLI-83-10, 17 NRC 528, 533 (1983).

Nevertheless, if the need should arise, the capabilities and resources of the State may be brought to bear. The State plan reveals a wealth of state-owned vehicles that can be used if necessary. NHRERP, Volume 2, Appendix C. In addition, the State plan provides that, "The New Hampshire Department of Transportation is prepared to use its maintenance equipment, including plows and trucks, and towing equipment to maintain these [ evacuation] routes during adverse weather and as unforseen impediments to evacuation occur." NHRERP, Volume 1, pp. 2.6-llb and 14.

Subpart g asserts that "under the plans, the local fire departments are responsible for such tasks as assisting in monitoring the evacuation, for decontamination of affected individuals, operating and maintaining the EOC or the public alert system (PAS), and assessing emergency transportation needs and that the local fire departments do not have sufficient personnel or resources to fulfill these responsibilities." The basis provided in support of this contention is essentially a description of the makeup of several of the local fire departments including a listing of 1 l

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,j the personnel complement for each town provided as an example.

The tasks this contention assigns to the local fire department are by and large a gross misrepresentation of the plans. There is no step listed in the local EPZ RERPs, Rev. 2 which requires fire department personnel to monitor the evacuation. Decontamination is not a function of the local EOC or community. Where fire department personnel may be part of a local EOC's staff, all staff positions are provided training on EOC operations. The Fire Chief position in a local EOC may be responsible for backup activation of the public alert system, however, this is not considered a responsibility of the department et al.

Fire department personnel may assess and coordinate transportation needs for the municipality. This coordination is conducted with the New Hampshire Civil Defense Agency. In addition, department personnel may serve support roles for other positions.

As evidenced by the aforementioned personnel identification and assignment program, there are sufficient fire department personnel resources to perform the assigned tasks.

Subpart h asserts that due to the fact that many i

personnel will not be " reachable . . .or able to respond soon enough to assure protection of the public health and l ~5-I

.. -----y...

2 safety." The basis for this subpart essentially contends that many local officials work part time and many local officials are contacted in an emergency via telephone which have a potential of not being answered.

The problems surfaced by this subpart are not specific to radiological emergency prepardness activities. As with any such organization, the purpose of providing alternate personnel to serve an emergency response role is to provide assurance for times that the primary person may not be reached.

Furthermore, in the Board's Order of April 29, 1986 the

! Board found in its ruling on the admissability of subpart b of this contention, that those very conditions of employment were not " abnormal" and therefore, no litagable issue was raised.

Subparts i and j of this contention find fault with the plans in that "many important emergency response positions have not been filled" and " adequate backups" or alternates for important positions are not provided for.

As a result of the establishment of an ongoing personnel resources identification and assignment program, steps are being taken, or have been taken, to identify personnel and alternates to fill emergency response positions consistent 1

with the plans. As the successful implementation of this I program is subject to the scrutiny of the NRC Staff,

-s- ,

l 2

.g reasonable assurance that there are sufficient personnel-available to implement the plans-is provided.

By their attorneys, o

/ 7/

Th W G. D Jr.

Robert K. ad, III Kathryn A.'Selleck Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 1 l

4 A

STATEMENT OF MATERIAL FACTS NOT IN DISPUTE

1. The State of New Hampshire can and will compensate for any municipality which cannot or will not implement the local plan.
2. A resource assessment has revealed that there are sufficient personnel to implement the local plans.

O

r '

4 l 1 i Dated: March 25, 1987 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

) Off-site Emergency (Seabrook Station, Units 1 and 2) ) Planning Issues

)

)

MOTION FOR

SUMMARY

DISPOSITION ON NEW ENGLAND COALITION ON NUCLEAR POLLUTION CONTENTION NO. NHLP-2 Pursuant to 10 CFR 5 2.749, on the basis of the facts set forth in the Affidavit of Richard H. Strome (NHLP-2) and the Affidavit of Anthony M. Callendrello, and for the reasons set forth below, Applicants move the Board to enter an order granting summary disposition in Applicants' favor with respect to New England Coalition on Nuclear Pollution (NECNP) Contention No. NHLP-2.

REASONS FOR GRANTING THE MOTION NECNP Contention No. NHLP-2, as admitted by the Board in its April 1, 1986 Memorandum and Order raises the issue of y n 22 n b n l.22 % [M.

v < c

'4

.whether there are adequate personnel resources available'to ,

allow "each principal response organization . . . to respond and to augment its initial response on a continuous basis."

The subparts of this contention proferred for summary- >

disposition are a,_d, [f], g, h, i, and j.

Subpart a contends that the police forces within "the towns surrounding Seabrook do not have sufficient personnel or resources to carry out their responsibilities under the plan." The supporting basis of this subpart provides examples of the numbers of personnel available to various town police departments. In addition, it provides a listing of tasks asserted to be associated with police personnel.

However, it draws no determination of what number of police personnel establish the standard for plan adequacy.

As a result of the establishment of an ongoing personnel resources identification and assignment program, it has been established that there are sufficient numbers of personnel' available to support the implementation of assigned police tasks. Each town falls into one of two categories. Either the town has sufficient numbers of police personnel to -

implement these tasks or the town may be supplemented by the use of municipal volunteers, members of other town or

-l support organizations, and/or state police personnel.

Subpart d asserts that there is no' demonstration that private companies or individuals relied on "to assist in an

-4 emergency will actually be able, committed and willing to perform those functions." The basis provided is that no letters of agreement providing school buses and towing facilities are included.

Letters of agreement detailing the terms under which bus companies and towing services will provide their respective resources are included in Volume 5 of the New Hampshire RERP. Letters of agreement concerning bus and bus driver support. contained in Volume 5 include agreements with bus companies, Teamsters Local No. 633 of New Hampshire, and the New Hampshire Transportation Association. Together, these organizations provide transportation resources in excess of the numbers required in Appendix I to Volume 2 which outlines transportation resource requirements. Furthermore, letters of agreement with towing companies reflect a commitment for a total of 42 towing vehiclos with the required drivers and crew. See NHRERP Rev. 2, Vol. V.

Subpart f asserts that due to the lack of sufficient personnel and resources, and the common practice of "ad hoc" assistance provided by private contractors, there is no assurance provided that the highway department can assure that roadways will remain open to support an evacuation.

Organizations, facilities and arrangements are in place to support the present needs of the towns. The plans do not contemplate any extraordinary measures beyond those faced

_ , _. _ __ .._ ._ . _ _ e _.. _ .. . .._ ._ -. _

l 4

f routinely by town public works departments. Furthermore, i extraordinary measures are not required because a nuclear power plant is in the area. Southern California Edison Co.

(San-Onofre Nuclear Generating Station, Units 2 and 3),

CLI-83-10, 17 NRC 528, 533 (1983).

Nevertheless, if the need should arise, the capabilities l-

and resources of the State may be brought to bear. The i
State plan reveals a wealth of state-owned vehicles that can f be used if necessary. NHRERP, Volume 2, Appendix C. In
addition, the State plan provides that, "The New Hampshire 1

Department of Transportation is prepared to use its

maintenance equipment, including plows and trucks, and towing equipment to maintain these [ evacuation] routes j during adverse weather and as unforseen impediments to 4

j evacuation occur." NHRERP, Volume 1, pp. 2.6-11b'and 14. '

Subpart g asserts that "under the plans, the local fire i

departments are responsible for such tasks as assisting in 1

j monitoring the evacuation, for decontamination of affected l l

individuals, operating and maintaining the EOC or the public

} alert system (PAS)', and assessing emergency transportation needs and that the local fire departments do not have j sufficient personnel or resources'to fulfill these j responsibilities." The basis provided in. support of this j contention is essentially a description of the makeup of -

several of the local fire departments including a listing of I

l i

4-I.

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h the personnel complement for each town provided as an example.

The tasks this contention. assigns to the local fire department are~by and large a gross misrepresentation of the plans. There is no step listed in the local EPZ RERPs, Rev. 2 which requires fire department personnel to monitor the evacuation. Decontamination is not a function of the local EOC or community. Where fire department personnel may be part of a local EOC's staff, all staff positions are provided training on EOC operations. The Fire Chief position in a local EOC may be responsible for backup activation of the public alert system, however, this is not considered a responsibility of the department et al.

Fire department personnel may assess and coordinate transportation needs for the municipality. This coordination is conducted with the New Hampshire Civil Defense Agency. In addition, department personnel may serve support roles for other positions.

As evidenced by the aforementioned personnel identification and assignment program, there are sufficient fire department personnel resources to perform the assigned tasks.

Subpart h asserts that due to the fact that many personnel will not be " reachable . . .or able to respond soon enough to assure protection of the public health and

. I i

l

4 h

safety." The basis for this subpart essentially contends that many local officials work part time and many local officials are contacted in an emergency via telephone which have a potential of not being answered.

The problems surfaced by this subpart are not specific to radiological emergency prepardness activities. As with any such organization, the purpose of providing alternate personnel to serve an emergency response role is to provide assurance for times that the primary person may not be reached.

Furthermore, in the Board's Order of April 29, 1986 the Board found in its ruling on the admissability of subpart b of this contention, that those very conditions of employment were not " abnormal" and therefore, no litagable issue was raised.

Subparts i and j of this contention find fault with the plans in that "many important emergency response positions have not been filled" and " adequate backups" or alternates for important positions are not provided for.

As a result of the establishment of an ongoing personnel resources identification and assignment program, steps are being taken, or have been taken, to identify personnel and alternates to fill emergency response positions consistent with the plans. As the successful implementation of this program is subject to the scrutiny of the NRC Staff, 4

i reasonable assurance that there are sufficient personnel available ta) implement the plans is provided.

By their attorneys, Th W G. D Jr. .

Robert K. ad, III Kathryn A. Selleck Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 l

l I

I l

l

-4 i

STATEMENT OF MATERIAL FACTS NOT IN DISPUTE

1. The State of New Hampshire can and will compensate for any municipality which cannot or will not implement the local plan.
2. A resource assessment has revealed that there are sufficient personnel to implement the local plans.
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