ML20206M219

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Seacoast Anti-Pollution League (Sapl) Response to Applicant Motion for Summary Disposition of Sapl Reasserted Contention 8A.* Response Opposing Applicant Motion for Summary Disposition of Sapl Contention 8A
ML20206M219
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 04/15/1987
From: Backus R
BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML20206M223 List:
References
CON-#287-3129 OL, NUDOCS 8704200062
Download: ML20206M219 (9)
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4 ._. _pkf Dated: April 15, 1987 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00CMETED USNRC before the ATOMIC SAFETY AND LICENSING BOARD 51 APR 16 A11:56 GFFICE OF StuETAM 00CKETi% A Si.imE BPANCH In the Matter of PUBLIC SERVICE COMPANY OF Docket No. 50-443-OL M/(/-Ob NEW HAMPSHIRE, ET AL Off-site Emergency Planning Issues (Seabrook Station, Unit 1)

SEACOAST ANTI-POLLUTION LEAGUE'S RESPONSE TO APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION OF SAPL REASSERTED COTENTION 8A .s i

-l' Pursuant to 10 CFR 62.749, on the basis of facts set forth in 1 the Af fidavit of Roberta C. Pevear, Rep., the Affidavit of Nancy E.

Hotchkiss,- the Affidavit of Dona R. Janetos, the Affidavit of Ann Hutchinson, the Af fidavit of Thomas J. Adler, the Af fidavit of Donald J. Zeigler, the Affidavit of Albert E. Luloff and the Affidavit of Herbert Moyer and for the reasons stated below, SAPL hereby moves this Board to enter an order denying summary disposition of SAPL Contention No. 8A.

Reasons for Denying Applicants' Motion SAPL Contention No. 8A reads:

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The New Hampshire Compensatory Plan fails to meet the requirements that there be adequate manpower .i n d 24-hour per day emergency response, including 24-hour per day manning of communications links, as required by 10 CFR 050.47(a)(1),

650.47(b)(1), NUREG-0654 II.A.I.e., II.A.4., and II.F.1.a.

The "Strome Affidavit," other than stating a conclusory assertion that the plans provide for municipalities unable to respond to an emergency, does not show that there are adequate numbers of personnel at the State level to fill response roles in the affected municipalitles as well as fulfill State functions. The affidavit further fails to establish that the State workers who might be available would have the requisite familiarity with the affected municipalities or the specific training needed to carry out an adequate emergency response in those communities as required by 050.47(b)(1). The Af fidavi t of Rober ta C. Pevear, Rep., es tablishes that the Town of flampton Falls does not have the personnel to carry out the protective actions of sheltering or evacuation of the town's residents. The Affidavit of Dona R. Janetos establishes that the Town of Hampton does not have sufficient personnel to implement the llampton RERP and that it does not intend to do so.

The RAC has not yet evaluated NUREG-0654 element II.A.4 as adequate to assure State compensatory actions for municipalities not carrying out their own response functions.

The "Callendrello Affidavit" purportedly establishes that a personnel resource allocation study has shown that there are sufficient numbers of personnel available to the State to implement tasks contemplated in the NHRERP. However, the affidavit merely makes bare conclusory statements and does not demonstrate that the requisite numbers of personnel above and beyond those necded for the State's functions are indeed available to assist municipalities.

-Further, it does not establish that these. allegedly available personnel are trained for -these functions and suf fielently familiar i

wi th the municipali t ies to carry them out ef fectively. SAPL further incorporates by reference its'further comments on the Callendrello Affidavit appearing in " Seacoast Anti-Pollution League's Response to Applicants' Motion for Summary Disposition of SAPL Reasserted Contention 8."

The "Strome Af fidavit" does not es tablish that the State of New Hampshire has the resources required to adjust pre-planned resources to implement an emergency response.

Basis a The historical record for nuclear accidents (Three Mile Isalnd) does not show-that individuals with p'ersons under their care fully implement duties required to provide for the safety of their charges.

Role conflict will lead to delayed responses and non-response among some workers (Af fidavi t of Donald J. Ziegler). Fur ther ,- t he S ta t e 's reliance upon teachers, health care professionals and other private ci tizens who are under no obligat ion to carry out the NHRERP f ails as a matter of law to provide reasonable assurance of an adequate protective response.

Petitions of EPZ teachers and the Affidavit of Herbert Moyer filed by Town of Hampton in this proceeding on March 25, 1987 provide evidence that teachers will not carry out their assigned NHRERP duties.1

1. See " Town of Hampton Motion for Summary Disposition," " Town of Hampton Memorandum In Suppor t of Mot ion for Summary Dispos i t ion" and

" Statement of Material Facts as to Which the Town Contends There is No 1987.Genuine Issue To Be Heard" filed by Town of Hampton on March 25,

_3 Ib

The Af fidavit of Nancy E. Hotchkiss provides evidence that pre-school and kindergarten staff will not carry out their assigned radiological emergency response duties. The Affidavit of Ann Hutchinson provides evidence that bus drivers cannot be relied upon to drive buses in an evacuation.

Basis b SAPL does not agree that there are an adequate number of buses provided for in the plans because the State of New Hampshire has ur6deres t imated the t ranspor t dependent popula t ion. A survey is being done to get a more accurate number. (Affidavit of Albert E. Luloff at 14.) The requisite numbers of bus drivers for these buses are by no means assured by letter agreements with bus company owners and the Secretary-Treasurer of the Teamsters Union. There is further no assurance that bus company owners will allow teamsters to drive their buses. Additionally, the State does not have information indicating how many union members reside within the geographic region of the listed bus companies. (See State's 3/18/87 answer to SAPL Interrogatory #41.)

Basis e The Rockingham County Sheriff's Department has an inadequate number of deputies to assist with State Transportation Staging Areas and local transportation staging areas. Five deputies are split between the 2 staging areas in Brentwood and Portsmouth. These deputies could not possibly hand out dosimetry and provide training J

in its use and dispense route maps to even the drivers of the 515 buses the State alleges are all that are required. The other 10 deputies are insufficient to staff the 17 local staging areas.

Basis d The assertion that the NHRERP provides for a response in the event of a fast developing accident is not substantiated. In local communities there could be up to an hour lag time before unanticipated resource needs would be called in to the State because of the I hour time for arrival of local liaisons at the IFO.

Basis e The "Strome Af fidavit" states that the 72 traf fic control points in the NHRERP would require 48 state police and 72 local police of ficers (total 120). However , in response to Massachuset ts At torney

  1. 46, the Applicants agreed that SAPL General's Interrogatory correctly assessed the numbers of traffic guides needed in New Hampshire at 146. Local police officers in non-participating towns could not be counted upon to carry out this function. The statewide state police of ficers could not all be expected to be on duty to fill in these spots. Further, the rest of the state could not be left without police protection. Additionally, the f act that it could take 3-4 hours (Strome Af fidavit TOH VI) to mobilize these of ficers means that access control would not be implemented in a timely f ashion and that would likely result in -a. subs tant ial increase in evacuation times. (Affidavit of Thomas J. Adler.)

Genuine Issues of Material Fact In Dispute (SAPL 8A) t 1. The Strome Affidavit does not show that there are adequete numbers of personnel at the State level both to fulfill response roles in local municipalities where needed and to perform State functions.

2. The RAC has not yet evaluated NUREG-0654 element II.A.4 as adequate to assure State compensating actions for municipalities not carrying out their own response functions. There is no guarantee that element II.A.4 will be evaluated as adequate following the " resource allocation."

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3. The Callendrello Affidarit does not make a showing that the requisite. numbers of personnel above and beyond those needed for- the State's functions are indeed available to assist municipalities. It further does not establish that these personnel are either trained for these functions or suf ficiently familiar with affected municipalities to carry them out effeetively.
4. The State has not demonstrated that it has the capability to adjust preplanned resources to maintain the ability to implement an emergency response.
5. The historical record for nuclear accidents does not support a finding that individuals with persons under their care fully

r implement duties required to provide for the safety of their k charges. . Role conflict will ' lead to delayed response and non-  :)

j response among-some workers.

6. The 515 buses the State alleges are needed to carryj out an 4 emergency response is 'an inaccurate _ number due to .an underes t imat ion of the non-auto owning populat ion. The letters

- of agreement with bus company owners and the Secretary-Treasurer of the Teamsters Union does not assure that there will be enough bus drivers. 'The State-does not know how many Teamsters Union-

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members reside in the geographic region of the bus companies. .

The b'us company owners have not indicated any willingness _to  ;

allow Teamsters Union members to drive their buses.

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7. The Rockingham County Sher i f f's Dept. has an inadequate number t

of d'eputies to carry out their responsibilities under the NHRERP.

Only 5 deputies are available to staf f the 2 State Transportat ion-

-Staging areas in Brentwood and Portsmouth. They could not possibly provide dosimetry and tr'aining in its use and hand out route maps to the 515 bus drivers the State alleges are the

. number re' quired to evacuate the EPZ. The other 10 deputies are insuffieledt to staff the 17 local staging areas.

8. Ther e-- coul d be up to an hour Iag time before unanticipated resource needs could be called in to the State for local communities because of the time it will teke local liaisons to i

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l report to the IFO. Therefora, provisions for response to fast i

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inadequate.

~ developing accidents are in New Hampshire as opposed to

9. 146 Traffic Guides are needed The 185 police of ficers  ;

the 120 cited in the Strome Af fidavit. i in for non-participating local statewide could not fill manpower shortages in participating communities, police communities, fulfill the State traffic control functions and the maintain an adequate level of police protection throughout i The failure to implement access control rest of the State.

promptly would incr$ase evacuation times substantially.

bus drivers and health care Teachers, day care workers, 10.

professionals who would have responsibility for evacuating students, young children, the general public and patients are Letters of providers rather than " recipients" of services.

agreement with these individuals are required to establish that there is reasonable assurance that plans will be carried out.

teachers, day care workers, bus drivers There is evidence that and other private citizens will not f ulfill the duties assigned to them by the NHRERP.

Respectfully submitted, SEACOAST ANTI-POLLUTION LEAGUE By its attorney, BACKUS, MEYER & SOLOMON 7)V, :

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' Robert A. Backus P. O. Box 516 116 Lowell Street 03105 Manchester, N.H.

Tel: (603) 668-7272 DATE: April 15, 1987 i

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4 I hereby _cer t i f y that a copy of the wi thin "Seacoas t Ant i-Pollut ion League's Response to Applicants' Motion for Summary Disposition of SAPL Reasserted Contention 8A" has been sent this date, first class, postage prepaid, to those listed on the attached service list and Federal Expressed to those on ,

the service list indicated by an asterisk.

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' Robert AT Backus l

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