ML20206M394
| ML20206M394 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/15/1987 |
| From: | Curran D HARMON & WEISS, PUBLIC SERVICE CO. OF NEW HAMPSHIRE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20206M376 | List: |
| References | |
| OL, NUDOCS 8704200101 | |
| Download: ML20206M394 (14) | |
Text
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April 15, 1987 UNITED STATES NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING EOARD
)
DOCKETED USilRC In - the Ma tter of
)
)
j Public Service Company of
)
17 AR116 P5:07 New Hampshire, et al.
)
Docket 'Nos. 5 0- 843 OL
)
50 444 OL (Seabrook Station, Units 1 & 2)
)
Q~ffiiETMER'GUV'
)
- LANNING.':ISSUEu
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NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S OPPOSITION TO APPLICANTS' MOTION FOR
SUMMARY
DISPOSITION ~ON CONTENTION NHLP-4 The New England Coalition on Nuclear Pollution
("NECNP"). opposes Applicants' Motion for Summa'ry Disposition of NECNP's-Contention NHLP-6.
As discussed in more detail in the i
introduction' to NECNP's Opposition to Applicants' Motion for Sum-
' mary Disposition on Contention NHLP-2, Applicants bear a heavy j
burden of proving that they are entitled to summary disposition-on this issue.
As demonstrated _below, Applicants have not met-i-
their burden.
NECNP's Contention NHLP-4 asserts that:
Procedures to provide early-notification and clear instruction to the populace within the plume exposure pathway EPZ,10 CFR S 50.4 7( b) (5 ), are inadequate.
The admitted portion of the contention's basis challenges the New -
~
Hampshire RERP's provision for notification and instruction of i:
people with special notification needs.
Regulatory Requirements
[
NRC regulations at 10 CFR S 50.47(b) (5) require Applicants to demonstrate the establishment of "means to provide early noti-8704200101 870415 PDR ADOCK 05000443 G
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. fication and clear instruction to the populace within the plume exposure pathway Emergency Planning Zone."
According to NUREG-0654, the " minimum acceptable design objectives" for the alerting and notification system are:
a)
Capacity for providing both an alert signal and an informational or instructional message to the popula-tion on~an area wide basis throughout the 10 mile EPZ, within 15 minutes.
b)
The initial notification system will assure direct coverage of essentially 100% of the population within 5 miles of the site.
c)
Special trrangements will be made to assure 100%
coverage within 45 minutes of the population who may not have received the inital notification within the entire plume exposure EPZ.
NUREG-0654 at 3-3.
Peasons Summary Disposition Should Be Denied First, summary disposition must be denied because FEMA has not issued formal findings or taken a position in this proceeding which supports Applicants' motion for summary disposition.
As discussed in greater detail in NECNP's Opposition to Applicants' Motion for Summary Disposition of Contention NHLP-2, FEMA's find-ings are treated as rebuttable presumptions in NRC hearings on the adequacy of emergency plans.
Unless and until FEMA obtains all information it requires and issues a finding, to which the parties have an opportunity to respond, summary disposition of this contention is premature.
Second, Applicants have failed to provide sufficient grounds f or summary disposition of this contention.
As discussed below,
. Applicants' assertions regarding the State's plans for notifica-tion and alerting of peo'ple with special notification needs fail to support a finding that no factual issues remain in disputer nor.do they support a finding that, as a matter of law, there is reasonable assurance that the health and safety of hearing-impaired individuals can be protected in the event of a radiological emergency at Seabrook.
Applicants first claim that tone alert radios with visual alerting devices for notification of the hearing impaired were ordered and will be available for distribution in April, 1987.
Statement of Material Facts Not in Dispute, 11.
At least one hearing-impaired resident of the Seabrook EPZ has received no tone alert radio or notice that she will receive one.
See Affidavit from Clotilde M.
Strauss.
The regulations require that the means for early notification of the public be " established."
10 CFR S 50.47(b) (5).
While Applicants may have taken steps
~
toward the establishment of means to provide early notification to the hearing-impaired, that does not constitute the " establish-l ment" of such means, and therefore cannot serve as the basis for a grant of summary disposition in Applicants' favor.
- Moreover, Applicants imply that they consider the tone alert radios on order to be insufficient, by claiming that " development of an additional alerting device, which will be compatible to tone alert radios previously ordered, is currently underway."
State-ment of Material Facts Not In Dispute,1 2.
Again, the process
. of developing a device cannot be considered to be legally equiv-alent to the " establishment" of actual means for notifying hearing-impaired individuals.
Tone-alert radios constitute an inadequate means of notify-ing hearing-impaired individuals of a radiological emergency at Seabrook.
For the approximately eight hours in each day when people are sleeping, tone-alert radios may be ineffective to awaken them.
The tone alert radios may also be ineffective when people are outdoors or in a different room of their home than the tone alert radio, See Strauss Affidavit.
Applicants claim that " labels will be affixed to all of these tone alert radios with instructions for the hearing impaired to follow if the tone-alert radio is activated."
How-ever, Applicants fail to provide any description of the nature of the instructions, or sample instructions.
It thus remains unclear how hearing-impaired individuals will learn whether they are to shelter or evacuate in a particular accident scenario, or how they would be instructed to seek assistance.
As stated in the RAC review of Revision 2 to the New Hampshire RERP, "Although tone-alert radios will be equipped with visual-alerting lights for the hearing-impaired, it is not clear in the Plan how the hearing-impaired will receive emergency instructions."
RAC Evaluation of State Response to RAC Peview of the State of New Hampshire Radiological Emergency Response Plan for Seabrook, Sec-tions I, page 24 of 134;Section II, page 8 If 30.
- Moreover, i
. these instructions will be of no use to people who cannot read English.
Paragraphs 4 and 5 of Applicants' Statenent of Material' Facts Not in Dispute assert that in emergency broadcasts and in instructional materials mailed to households in the EPZ, the State will urge EPZ residents to " check on" their hearing-impaired neighbors and " personally verify that their neighbors understand any emergency instructions issued."
Applicants do not attest to any agreements made by EPZ residents to assist their hearing-impaired neighbors during an emergency.
Feliance on third parties to instruct the hearing-impaired does not con-stitute " direct coverage" of the population within five miles of the plant.
See NUREG-0654 at 3-3.
Mo r eove r, there are sig-nificant f actors that are likely to prevent EPZ residents from giving prompt attention to their neighbors.
First, they may be a t wo r k, a nd thus unavailable to help their neighbors.
- Second, they may have conflicting f amily obligations -- i.e. gathering of children from the neighborhood or schools, caring for elderly relatives -- that may delay or prevent them from attending to hearing-impaired neighbors.
As discussed in the affidavit of Donald J. Ze igle r, submitted in support of SAPL's Response to Applicants' Summary Disposition Motions, many people who are telied on to perform emergency response functions are likaly to attend to their families' welfare before or instead of assisting others.
Thus, there is no reasonable assurance that NUREG-0654's
6-strict guidance for. notification -- i.e.
initial notification of all people within 5 miles of the plant in 15 minutes, with spe-cial measures to be taken within 45 minutes -- would be met under this plan.
The EBS instructions to assist neighbors who may have dif-ficulty understanding instructions are also likely to be ineffec-tive because they contradict other advice given in the plans.
For instance, the instructional materials attached to Applicants' witness Strome's af fidavits state that EPZ residents will be told to go indoors if they hear a siren.
They may also be told to shelter by closing all windows and doors and remaining indoors.
However, they are also urged to assist neighbors who may need assistance in understanding the emergency instructions, without using the telephone.
The EPZ residents are unlikely to go out-doors to visit neighbors if they have been told to stay indoors.
Applicants have failed to demonstrate that there exists no dispute as to material facts or that they are entitled to summary disposition as a matter of law.
For the foregoing reasons, Applicants' motion for summary disposition must be denied, j
Respec,tfully submitted, Ok Diane Curran HARMCN & WEISS 2001 "S" Street N.W.
Suite 430 Washington, D.C.
20009 (202) 328-3500 April 15,1987
q STATEMENT OF MATERIAL PACTS IN DISPUTE REGARDING CONTENTION NHLP-4 1)
Applicants claim that tone alert radios with visual alerting devices for notification of the hearing impaired were ordered and will be available for distribution in April,1987.
Statement of Material Pacts Not in Dispute, 1 1.
At least one hearing-impaired resident of the Seabrook EPZ has received no tone alert radio or notice that she will receive one.
See attached Af fidavit from Clotilde M.
Strauss.
Moreover, these devices are inadequate to notify hearing-impaired individuals of a radiological emergency at Seabrook.
For the approxitately eight' hours in each day when people are sleeping, the tone-alert radios may be ineffective to awaken them.
The tone alert radios may also be ineffective when people are outdoors or in a different room of their home than the tone alert radio.
See Strauss affidavit.
2)
Applicants claim that " labels will be affixed to all of these tone alert radios with instructions for the hearing impaired to follow if the tone-alert radio is activated."
How-ever, Applicants fail to provide any description of the nature of the instructions, or sample instructions.
It thus remains unclear how hearing-impaired individuals will learn whether they are to shelter or evacuate in a particular accident scenario, or how they would be instructed to seek assistance.
As stated in the RAC review of Revision 2 to the New Hampshire RERP, "Although tone-alert radios will be equipped with visual-alerting lights l
for the hearing-impaired, it is not clear in the Plan how the hearing-impaired will receive emergency instructions."
RAC l
2-Evaluation of State Response to RAC Review of the State of New Hampshire Radiological Emergency Response Plan for Seabrook, Sec-tions I, page 24 of 134;Section II, page 8 lf 30.
- Moreover, these instructions will be of no use to people who cannot read English.
As stated in the RAC review of Revision 2 to the New Hampshire RERP, " Al thoug h tone-alert radios will be equipped with visual-alerting lights for the hearing-impaired, it is not clear in the Plan how the hearing-impaired will receive emergency instructions."
RAC Evaluation of State Response to RAC Review of the State of New Hampshire Radiological Emergency Response Plan for Seabrook, Sections I, page 24 of 134;Section II, page 8 If 30.
Mo reove r, these instructions will be of no use to people who cannot read English.
3)
Applicants state that " development of an additional alerting device, which will be compatible to tone alert radios previously ordered, is currently underway."
Statement of Ma terial Facts Not In Dispute,1 2.
Applicants do not say what s
this device is, how it works, or what it is for.
The relevance of this vague statement to thic summary judgment motion is not clear, and thus it gives no support to Applicants' motion.
4)
Paragraph 3 of Applicants' Statement of Material Facts Not in Dispute is a legal concli;sion that contains no f acts that support Applicants' summary judgment motion.
5)
Paragraphs 4 and 5 of Applicants' Statement of Material Facts Not in Dispute assert that in emergency broadcasts and in
3-i'nstructional materials mailed to households in-the EPZ, the State will urge EPZ. residents to " check on" their hearing-impaired neighbors and " personally verify that their neighbors understand any' emergency instructions issued."
Reliance on third parties to instruct the hearing-impaired does not constitute i
" direct coverage" of the population within five miles of the plant.
See NUREG-0654 at 3-3.
Mo r eove r, there are cignificant f actors that are likely to prevent EPZ residents from giving prompt attention to their neighbors.
First, they may be at work, and thus unavailabl,e.to help their neighbors.
Second, they may e
have conflicting f amily obligations -- i.e. gathering of children.
from the neighborhood or. schools, caring for elderly relatives --
that may delay or prevent them from attending to hearing-impaired neighbors.
As discussed in the af fidavit of Donald J.
Ze ig le r,
submitted in support of SAPL's Response to Applicants' Summary Ditposition Motions, many people who are relied on to perform emergency response functions are likely to attend to their families' welfare before or instead of assisting others.
The EBS instructions to assist neighbors who may have difficulty understanding instructions is also likely to be inef-i fective because it contradicts other advice given in the plans.
For instance, the instructional materials attached to Applicants' i
witness Strome's af fidavits state that EPZ residents will be told to go indoors if they hear a siren.
They may also be told to shelter by closing all windows and doors and remaining indoors.
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!!owever, they are also urged to assist' neighbors who may need' assistance in' understanding the emergency instructions, without using the telephone.
The EPZ. residents are unlikely to go out-doors to visit neighbors if they have been told to stay indoors.
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Affidavit from Clotilde M. Straus Olotilde M. Straus, being duly sworn deposes and states, 1 - I live at 4 Robin Lane, in Fortsmouth, New Hampshire, i
about one mile from the Portsmouth Fire Station.
I have lived here for 34 years.
2 - I have a hearing impairment which prevents me from hearing sirens when I am in the house with the windows closed.
I never hear the Fire Department's sirens in e,-us the winter when the windows are closed.
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3 - Although I had communicated to the Public Service
.", "O Company my hearing impairment, neither the State of
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New Hampshire nor the Public Service Company notified i.'. ". '1,
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me that I would be receiving a tone alert radio or any other special alerting equipment.
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4 - Even if I had a tone alert radio it would not heln me when I am not in the room where such radio would be kept or when I am sleeping.
In either case I would remain unaware of a radiological alert from Seabrook Station.
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Notary Public O i/
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State of New Hampshire My commission expires on October 1991 i.
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1987 Emergency Plan Information Calendar L
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Important information enclosed. Save thlm cr.lendar for reference in case of cm:rgsacy.
New Hampshire Civil Defense Agency
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Juk w_w
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>- m An Emergency Plan for r!= ":""-" - -"
Your Protection
Dear New Ilampshire Resident:
Note: This calemlar include., a two part Kensington An emergency plan has been written for card. One part has a sticker with emergency Kingston 612-421I your city or town. This plan would he used information on it. You.shouhl put the New Castle
-1:11-6710
. sticker where you and your famil) can can-Newlichts 7780:11 1 to protect you m the unlikely event of an ac-calent at Seabrook Station. Seabrook Sta-ily see it. The rest of the caid in lio people New ton
- 182-1(i20 l
- t. ion is a new nuclear power plant m h,ea-needing special help m an emergenc3 11>on Noith llampton 968 5500 or someone you know has 3 penal needs.
l'ortsmout h 4:lti-9:119 i
brook, New llampsh. ire.
please lill out the cani Semi it to the New Ilye This plan could also be used in other llampshire Civil Defense Agency We wdi Seabrook 474-5772 emergencies, such as floods, fires, hurri-give you extra help in an emergency.
South llampton j
canes, tornados, or toxic chemical spills.
Si rat ham 772-9756 b.inmely yours.
Similar plans have been used by other cities
- f your town does not have a number listeil, Ab() m~ ~
j and towns in emergencies such as these.
I call New llampshire Civil Defen.se at This emergency plan was written by many 1i6u:lil:1:1-1419 4
people working together. The New Ilamp.
Itichard 11. St rome. Ibicitor For Information During an Emergency shire Civil Defense Agency worked with New Ilamp3l ore Civil Defense Agency other state agencies. Fire and police oflicers The New llampshire Civil Defen.se Agency i
has a runwr control number. During an and other local officials also may have gH H
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worked on the plan.
cinergency, you can call this numhes for in-formation. This number is liH00th51 LISI The front part of this calendar explains how For IIelp During an Emergency New llamp3 hire Yankee, the company that the plan works. It tells you what to do in an The Civil Defi use Agency is prepared to runs Seabrook Station, also has an emergency. Please take the time to read it help you in an emergency.11 you are hand.
emergency rumor control number. This carefully. KEEP Tills CAI.ENDAlt IN A icappe I or need special help, call your inunber is itH00) 348-1616.
SAFE AND llANDY PLACE.
Emergency Operations Center During an If you have any questions, please call the emergency, these phone lines are only tier Non-Emergency Phone Numbers following non-emergency number. We will people who need help If you have a question during a time that is be happy to help you.
Ilrentwood 6-12 81:12 not an eniergency, call une of them num-New Ilampshire Civil Defense Agency:
East Kingston
(;12 8106 hers:
1(8001852-3792 Exeter 772 1212 New llampshire Civil Defense Agency Greenland
.I:ll-7111 1(800i852.:1792 Ilampton 92ai 67titi New llampshire Yankee Information llot-llampion Falls e
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kne Ittin: lit:l:1-04 to trecorded inti.rmationi
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you nhoul.l leave your lets at home l'nn ute them met h f. mal. water. and helter il tuu
.W.t t=.ph woubl tav with iriciul4 ar rela-rsn. kheiter Inc.t.* k. e=smually d. airy cat-incs il you did not li.ne a pl.uc to stav.
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b,D ahem in odie r rawn. vsacuatum could le or-re-ponsble w h.=J olGual* would take the Peopic without Transportation 7
What to IN as You Isave e hddren to tlw nsephon renter for their llanes would take pe..ple who don t have r.
a nup uen n ntn w cat h wh =4 cars in the rerepto.n senter for their town
- Turn off the huhts and vour houwhohl n she name as the rnept um s enter for t he Informat um on alwre to catah a hug begms Hu.
on page 6 al du* ra ndar a lsave vour retrigerator and frecrer on lot of rerept um renter
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I ents would meet their children at the rmp-Information for Farmers N
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. It e only one car inr other vehnles ger Y.u would le told hv r;=ho that vuur chd-U""'""I "' A """"r es ent has taken i
I family If u,u hm e r mm, please e Ace 4 to we dren had been taker $ b. Ibe rnrption tenter y
et nen of so,,r ucyMere m.d a red" N n..t uvto. A tb %h..] I k phone I'I'"" b" " I"d'" "I 'd'ho.u in e mat ter 8* "t**'"I I"h rat. state, ami local of fe-g
- Keep ek e ar r.=bo tunni to an F mergency line* would he n.wh d for o Tu sal hu mew Itroa.h a t A = tem =t..tmn ruls anuld W t.d.1 You would rmt have
- 1)rne **ut of Ihe area along one of the to do ans a hme l
route
- mhown on page P. tither route
- may l'atients in llu*pitals and le *uege acd em the r.ulm f.vau,e of sondi.
Nursing flumen tum* at ik tune Follow the Emergency 36,p,tal anal nurung home pat wnts wouhl n.gya,ed innde the plant OlGcials would f.
firoodra t Sv tem etahon instruction
- W taken to mnbral or nurumg 1.uihtws le.
le a,knl to -tand by It n not hkely th.at a
yond the lanule rune fhey would remne 3,,u would haw to do ins thme W
the rare they muled
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Site area emergency. This is a more
!)urma an rmergencv. vou could learn unmus esent Ituhoactne matter could I
,i where a p.itient a king taken by calhng k relcaard right around the plant. tifG-I, g
the New llamtmhire Civd Ih-fense Agency cials would he ready to help you if you g.
rumor cemtrol number, pNWit-filf4 nenh d ta do anythmg The aren*
- auld 4
y he.un.hsl Turn on your radio to learn r
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d The llandicapped what to do f
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llan hrappnl people who hase returnni the General emergency. Thn kmd of event 4-
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special mut* r;srd m this calendar or an-n cla**nt a must arrums. Ituhoattive
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awcre l a On el lh fen c *perial tuwl* survev matter iould go outude the plant mie.
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M would k nohGnl by enwrgency worker
- If The nren* would I,
.unded Turn an help were utill nenied, they would he taken your radm to learn what tu do. Ile pre-y to the troephon center
- for special aol Any.
parnt to take.dwher or es acu. ate.
p Where to Gen one who had not already aaked Cnallle-3 E
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The re n a receptson renter for ca h city and
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nent help. go to your receptmn center. The e
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everu.sted acparately for enwrgerwy planning only for entra help 6*
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durmg an emergency. call your Emergrmy
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