ML20206M302

Seacoast Anti-Pollution League (Sapl) Response to Applicant Motion for Summary Disposition of Sapl Contention 18.* Response Opposes Applicant Motion for Summary Disposition of Sapl Contention 18

ML20206M302
Person / Time
Site:	Seabrook
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: ML20206M219 ML20206M278 ML20206M296 ML20206M302 ML20206M311 ML20206M326 ML20206M343 ML20206M380 ML20206M400 ML20206M429 ML20206M455 ML20206M496 ML20206M522 ML20206M544 ML20206M568 ML20206M601
References
OL, NUDOCS 8704200082
Download: ML20206M302 (5)

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Dated: April 15,1987 DOCKETED USNRC NUCLEAR REGULATORY COMMISSION gy gg jg gjj $6 before the OFFICE OF HJtW1Y ATOMIC SAFETY AND LICENSING BOARD 00CKEig.y;Uvici.

In the Matter of )

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) Docket No. 50-433-OL PUBLIC SERVICE COMPANY OF )

NEW HAMPSHIRE, et al ) Off-site Emergency

) Planning Issues (Seabrook Station, Unit 1) )

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

SUMMARY

DISPOSITON OF SAPL CONTENTION NO. 15 Pursuant to 10 CFR S2.749, on the basis of f acts set forth in the Affidavit of Ann Hutchinson and the Affidavit of Nancy E.

Hotchkiss, the Affidavit of Donald J. Zeigler, the Affidavit of Herbert Moyer and the Affidavit of Robert A. Backus and for the reasons stated below, SAPL hereby moves the Board to enter an order denying summary disposition of SAPL Redrafted Contention No.

15.

REASONS FOR DENYING APPLICANTS' MOTION SAPL Redrafted Contention No. 15 reads:

The letters of agreement that have been submitted by the N.H. Civil Defense Agency in Volume 5 of the State Plan fail to meet the reqirements of 10 CFR 5 50. 47 (a) (1) ,5 50. 47 (b) (1) ,

8704200082 870415 PDR ADOCK 05000443 G PDR

5 50. 47 (b) (3) , S 50. 47 (b) (12) , Appendix E.II.B. and NUREG-0654 II. A.3. , II.C. 4. , and II.P. 4. because they do not demonstrate that adequate arrangements for requesting and effectively using assistance resources have been made, that the emergency responsibilities of the various supporting organizations have been specifically established, that each principal response organization has staff to respond to or to augment its initial response on a continuous basis, or that agreements are being reviewed and certified to be current on an annual basis.as is required.

NUREC-0654 sets forth that emergency response plans should include written letters of agreement referring to the concept of operations between Federal, State and local agencies and other support organizations having an emergency response role. Contrary to this guidance a.d contrary to the federal requirements, no letters of agreement appear in the plans referring to the specific nature of services to be provided by the Pease Air Force Base or the Portsmouth Naval Shipyard. Simply because those facilities are Department of Defense establishments does not mean that the functions they are anticipated to fulfill need not be set out in the form of letters of agreement. Letters of agreement serve to confirm that the anticipated providers of facilities and services

fully comprehend in advance the requests and demands for

assistance that may be forthcoming and will be prepared to meet I

them.

Reception centers are required to provide letters of f

agreement under the requirements set forth in the Code of Federal Regulations. There is no reasonable assurance that these facilities will be made available during a radiological emergency absent letters of agreement.

There is no assurance that the Red Cross has or will obtain agreements with Mass Care Facilities. The Agreement at Volume 5 of the NHRERP states:

In the case of peacetime radiological emergencies / nuclear accidents, which have company or owner liability implications, the American Red Cross will conduct shelter and feeding operations in centers and facilities desionated in advance by the New Hampshire Disaster Planning Office..."

(emphasis added)

The understanding set forth in this letter that it is the state that is to. secure agreements with Mass Care Facilities for shelter and feeding operations. The state has not shown that it has fulfilled this responsibility.

The state must obtain letters of agreement with all special f acilities and their host facilities, not just those identified in SAPL Redrafted Contention No. 15.

There are no letters of agreement with school teachers, bus drivers, day care center operators, health care professionals, or other private citizens who are called upcn to assume responsibilties and evacuate persons under their charge pursuant to the provisions of the NHRERP. The petitions of EPZ teachers and the Affidavit of Herbert Moyer filed in this proceeding by the Town of Hampton on March 25, 1987, provide evidence that teachers

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will not carry out their NHRERP duties. The Affidavit of Ann Hutchinson establishes that bus drivers cannot be relied upon to drive buses in an evacuation. The Affidavit of Nancy E. Hotchkiss provides evidence that day care, kindergarten and pre-school staff will not carry out their assigned NHRERP duties. The Affidavit of Donald J. Zeigler establishes that it cannot simply be assumed that private citizens will carry out emergency response duties in a radiological emergency.

The signatory of the Omne Partners II agreement cannot properly speak to the availability of the omne Mall as a transportation staging area since the facility is in a bankruptcy proceeding and therefore the letter of agreement is of no current validity as indicated by the Af fidavit of Robert A. Backus.

1

o. . ,

GENUINE ISSUES OF MATERIAL FACT IN DISPUTE (SAPL REDRAFTED 15) ,

1. Letters of agreement with Pease Air Force Base and the Portsmouth Naval Shipyard are required to meet planning standards for reasonable assurance that these anticipated providers of f acilties and services comprehend the requests and demands for assistance that may be placed upon them.

2. Reception center letters of agreement are required to provide reasonable assurance that these facilities will be made available during a radiological emergency.

3. There is no showing that the Red Cross has obtained letters of agreement with Mass Care Facilities. The letter of indicates agreement with the Red Cross in Volume 5, of the NHRERP that it is the state that is responsible for designating Mass Care Facilities.

4. The state must obtain letters of agreement with all special facilities and their host facilities, not just those identified in SAPL Redruf ted Contention 15.

5. Letters of agreement with teachers, day care workers, bus drivers, health care providers, and other private citizens expected to carry out responsibilities under the plans are required. These people are providers rather than recipients of services. There is no reasonable assurance that they will carry out their assigned duties absent letters of agreement.

Respectfully submitted ,

SEACOAST ANTI-POLLUTION LEAGUE By its Attorney BACKUS, MEYER & SOLOMON DATED: April 15,1987 MOffERT A. BACKUS 116 Lowell Street Manchester, NH 03105 603-668-7272 I hereby certify that a copy of the within Seacoast Anti-Pollution League's Response to Applicants' Motion For Summary Disposition of SAPL Contention No. 15 has been sent this date, first class, postage prepaid, to those listed on the attached service list and has been federal expressed to those indicated by an asterisk.

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Rcibert A. Backus

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