ML20205N301
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Ig 3-Dated:
March 25, 1987 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
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50-444-OL
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Off-site Emergency (Seabrook Station, Units 1 and 2) )
Planning Issues
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APPLICANTS' MOTION FOR
SUMMARY
DISPOSITION OF SEACOST ANTI-POLLUTION LEAGUE CONTENTION NO. 25 Now come the Applicants pursuant to 10 CFR 2.749 and on the basis of the facts set forth in the " Affidavit of Richard H. Strome (SAPL-25)" and for the reasons set forth below, move the Board to issue an order granting summary disposition in favor of the Applicants with respect to Seacoast Anti-Pollution League-(SAPL) Contention No. 25.
REASONS FOR GRANTING THE MOTION SAPL Contention No. 25 reads as follows:
"The New Hampshire State and Local Rules and Emergency Response Plans do not reasonably assure that the public health.
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and safety will adequately be protected because the provisions for protecting those persons whose mobility may be impaired due to such factors as institutional or other confinement are patently lacking, therefore the plans do not meet the requirements of 10 CFR S lo.47(a)(1), 5 50.47(b)(8) and NUREG II-J.10.d."
This contention also raises the issue of "special needs" persons.
The Strome Affidvit makes clear that adequate provisions have been made for reception of the mobility impaired in Exeter Hospital, Strome Aff. 11 2-6; Seacoast Health Center, id. 1 7; Eventide Home and Goodwin's of Exeter, Id. 1 8.
Letters of Agreement (LOA's) are in place with ambulance companies as well as with the Red Cross.
Id.
11 9-10.
Manpower and transportation requests have been met.
Id. 11 11-14.
No basis exists for saying that NHRERP Rev. 2 does not adequately plan for the mobility impaired.
By their attorneys,
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TM51 hts C'. DMan, Jr.
R.
K. Gad III Kathryn A.
Selleck Ropes & Gray 225 Franklin Street Boston, MA '02110 (617) 423-6100 i
i STATEMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO DISPUTE (SAPL 25) 1.
Revision 2 of the New Hampshire Radiological Emergency Response Plan (NHRERP), Volume 26A (Exeter Special Facilities Plans) contains in Attachment A to the Exeter Hospital RERP, letters of agreement with all three of its designated host facilities; i.e.,
Concord Hospital, Catholic Medical Center and Hampstead Hospital.
Each host facility indicates that it would provide temporary shelter as a receiving site for Exeter Hospital in the event evacuation is required.
2.
The categories of patients cited in SAPL Contention No. 25 are " transportation" grouping categories only.
The level of care categories contained in all letters of agreement are " medical care" grouping categories which are standard in the medical industry.
Hampstead Hospital is not an acute care hospital; so by definition, it can only accept Class I patients.
This is well understood by healthcare administrators and does not have to be restated in the letter of agreement.
Hampstead Hospital can accept 25 Class I patients.
Exeter Hospital has a capacity of only 10 Class III patients.
The following summarizes the commitment for providing temporary shelter for the three classes of Exeter Hospital patients, and constitutes an excess capacity for evacuation.
Exeter Hospital has a maximum of 80 patients; compared to 85 shelter slots available.
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Intermediate Advanced Ambulatory Care Life Support (Class I)
(Class II)
(Class III)
Catholic Medical Center 20 10 Concord Hospital 20 10 Hampstead Hospital 25 Totals 25 40 20 3.
The Exeter Hospital RERP (Section II.A.1) assigns the responsibility for overseeing the preparation of patient census reports, the classification of patients for transport, and the coordination of the patient care, clinical care and support departments to the Director of Nursing.
The EMS Coordinator is responsible for verifying that patient transportation need assessments are appropriate for the category of patient, identifying special transportation needs, and contacting designated host facilities to determine their capabilities.
4.
The Exeter Hospital RERP (Section III.D.5.f) designates prioritization, by " transportation" group categories, the staffing levels required for each category.
The following is a comparison between " medical care" class,
" transportation" categories and Exeter Hospital patient capacity.
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Evacuation Approximate Medical Level Transportation Patient of Care Categories Capacity Class I (Ambulatory)
IV 40-50
- Class II (Intermediate Care)
II and III 12-20
- Class III (Advanced Life Support)
I 5-10 *
- Maximum patient capacity (total of 80) 5.
Section III.C.7 to the Exeter Hospital RERP provides for the prioritization of patients for evacuation.
This l
includes allowing for consideration (by medical personnel) 1 of current medical status, as it applies to patients falling into the categories of (1) Medical / Surgical, (2) Recovery Room, and (3) Intensive / Cardiac Care (ICU/CCU) only.
The next revision of the NHRERP will include a revision that, at the Site Area Emergency classification, authorities should determine which patients who, by virtue of age or medical condition, will require extraordinary assistance in evacuation.
6.
Volume 18A (Hampton Special Facilities Plans) of the NHRERP contains the Seacoast Health Center RERP.
Attachment A,Section II, lists the Maple Leaf Health Care host facilities on Pearl Street, Maple Street, and the Villa Crest Units; all of which are located in Manchester, NH.
All three host facilities have the same owner who has submitted a letter of agreement indicating the willingness of these three facilities to serve as host facilities for the Seacoast Health Center.
Attachment "A" to Strome Aff.
7.
Volume 26A (Exeter Special Facilities Plans) of the RERP contains both the Eventide Home RERP, and the Goodwin's,
I of Exeter RERP.
The Eventide Home host facility is McKerley Health Care Center in Derry, NH.
Goodwin's three host facilities, which are all owned by the " Clipper Home Affiliates," are the Clipper Homes of Wolfboro, Rochester and North Conway.
These facilities have verbally agreed to serve as host facilities and a letter of agreement covering all of the above host facilities will be appended to their respe'ctive RERP.
In the case of Goodwin's of Exeter, it is l
also' owned by Clipper Home Affiliates; therefore, a letter l
of agreement is not required.
However, one will be provided.
8.
Letters of agreement with Reception Centers are not required, as these are public buildings.
Volume 5 of the NHRERP contains a letter of agreement with the American National Red Cross.
Letters of agreement are not required between the State and potential mass care facilities, as the Red Cross handles this role.
The Regional Assistance Committee (RAC) stated in their August, 1986 reply to NHRERP's Revision 2 that this arrangement was adequate (A),
and replied on page 10 of 134 with the following.
A.3(2) - The Red Cross Letter of Agreement demonstrates an' ability to l
open and staff planned mass care facilities.
The Red Cross letter of agreement states that "the American Red Cross will conduct shelter and feeding operations in centers and i
I facilities designated in advance by the New Hampshire Disaster Planning Office, under arrangements worked out among the Disaster Planning '-
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4 Office, the American Red Cross and officials or owners of the buildings."
9.
Volume 5 of the NHRERP contains a letter of agreement with the O'Brien-Ambulance Company of Beverly, MA, in which they specifically. state that they will provide emergency transportation services for an accident at the Seabrook Nuclear Power Station.
All letters of agreement include a commitment to provide the required number of ambulance company personnel'(EMTs).
Even if O'Brien were j
unable to provide assistance at the time of an emergency for whatever reason, sufficient reserves of ambulances and EMTs 4
are available under agreement to meet anticipated requirements.
10.
Volumes 16 through 32 of the NHRERP comprise all of the 17 New Hampshire Town RERPs.
In Section IV of each plan, an attachment to the Transportation Coordinator's (or J
equivalent tcwn title) provides the individual town f
transportation requirements.
Included in each list is a category entitled "Special Needs" which lists those requirements based on the Special Needs Survey conducted by the State of New Hampshire (NHCDA).
11.
Revision 2 of the NHRERP, Volume 2 (Appendices),
contains in Appendix I (pg. I-3), a summary of transportation resource requirements for all.17 New-1 Hampshire towns and any special facilities or institutions.
The number of vans required is specified.
This table and,
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I all 17 local town RERP transportation requirements listings will all be updated to reflect current information.
12.
It is unclear from the contention what the basis which asserts lack of manpower refers to - lack of manpower for identifying persons with special needs or lack of manpower for assisting mobility impaired persons in an evacuation.
For the former, manpower at the state or local level is not an issue; identi fication of these people is done by means of a mailed survey conducted by NHCDA.
For the latter, the plans make provisions for emergency medical support personnel to provide this assistance.
Approximately 196 such individuals have been identified within the EPZ communities.
In addition, NHCDA has written agreements with ambulance services beyond the EPZ communities which indicate that approximately 130 emergency medical personnel are available to accompany ambulances and to provide assistance for mobility impaired persons.
As an added resource, the N.H. National Guard includes 271 medically qualified personnel.
ens assessment of number of persons requiring this type of assistance, based on the NHCDA Special Needs Survey, is approximately 44.
13.
Ambulance drivers are trained in advance in the methods in which they will be assigned pickup of homebound or institutionalized evacuees.
This would also include other drivers evacuating this group.
Directions with which ambulance drivers can reach effected homes and institutions.
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are provided to them upon dispatch from the Local Transportation Staging Area, as described in Appendix F to the Rockingham County Sheriff's Department procedure in Volume 4B (State Agency Procedures for Seabrook Station) of the NHRERP.
They will receive a map to an institution and written directions to individual homes (if required).
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