ML20206P738
| ML20206P738 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/30/1986 |
| From: | Flynn H Federal Emergency Management Agency |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#386-746 OL, NUDOCS 8607020230 | |
| Download: ML20206P738 (10) | |
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UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION USNRC BEFORE THE ATOMIC SAFETY AND LICENSI MicB04BD m ~1 A8 34
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BRAncn In the Matter of
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Public Service Co. of New Hampshire,
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Docket No. 50-443-OL et al.
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50-444-OL
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Offsite Emergency (Seabrook Station, Units 1 & 2)
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Planning Issues
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MOTION BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR CONTINUATION OF HEARING ON EMERGENCY PLANNING CONTENTIONS The Federal Emergency Management Agency (FEMA) respectfully moves that the Atomic Safety and Licensing Board (ASLB) defer until October 20, 1986 consideration of the contentions presently scheduled for hearing beginning August 4, 1986.
This motion is made in the interest of judicial economy and the conservation of FEMA's resources.
The iteration of the New Hampshire Radiological Emergency Response Plan (NHRERP) for responding to a nuclear accident at the site of the Seabrook Nuclear Power Plant which is now in litigation is the first of several.
It is not the version which will be used whenever Seabrook is licensed.
In December, 1985, the State of New Hampshire filed the NHRERP (Revision 0)
FEMA.
New Hampshire submitted extensive changes to the NHRERP (Revision 0, Supplement 1) in February, 1986, which included:
8607020230 860630 -
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1.
Volume 5 NHRERP, " Letters of Agreement in Support of the NHRERP";
2.
Volume 7 NHRERP, "Seabrook Station Alert and Notification System Design Report";
3.
Evacuation Time Estimate (ETE) Study materials (Progress Reports Nos. 1-6) from KLD Associates; 4.
Revised procedures for the New Hampshire Department of Resources and Economic Development; 5.
Compensatory Plan outlining the means used by the State to protect citizens in towns within the Seabrook EPZ when municipal governments cannot or will not carry out tasks assigned by the local plan; and 6.
Draft public information material.
The February, 1986 revisions were served on the parties on March 11, 1986.
The State of New Hampshire filed additional plan changes in April, 1986 (Revision 0, Supplement 2 of the NHRERP) consisting of the following:
1.
KLD Progress Report No. 7; 2.
A revision to the Department of Public Health and Safety (DPHS) Procedures, including replacement and new appendices to the DPHS Procedures; 3.
Rockingham County Complex procedures, including those for the Rockingham County Nursing Home, Rockingham County Jail Facility and Rockingham County Dispatch Center; and 4.
Procedures for the decontamination personnel at the Manchester Decontamination Center, along with Appendix F to those procedures.
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A full-scale exercise of the NHRERP was conducted on February 26, 1986.
During the first several months of 1986, FEMA and the RAC were involved in l
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extensive reviews of the December NHRERP (Revision 0), the February revisions i
(Supplements I and 2 to Revision 0), and the February exercise.
In April, l
1986, FEMA sent the following documents to the State of New Hampshire:
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1.
FEMA's report of the deficiencies observed during the February 26, 1986 exercise of the state and local plans to protect the public in the event of a radiological emergency at Seabrook; 2.
Final Draft Report of the Exercise of the emergency plans for Seabrook held February 26, 1986; 3.
Final Review by the RAC of the state and local plans submitted by New Hampshire in December, 1985; and 4.
Draft RAC Review of the state and local plans submitted by New Hampshire in February, 1986.
These documents have recently been served on the parties to this proceeding.
On June 3, 1986, the State filed another revision of the NHRERP (Revision
- 1) responding to the comments of the RAC concerning the plan and the exercise of the plan.
The ETE Study prepared by KLD Associates, which has recently been released in a final draft, has been incorporated into the NHRERP.
On June 23 and 24, 1986, the RAC met with representatives of the State of New Hampshire and the Applicant and explained in further detail the concerns identified in the documents described above.
The State of New Hampshire proposed to submit to the RAC by August 25, 1986 a comprehensive revision of the NHRERP addressing those concerns.
The RAC proposed to give the review of that revision the highest priority, so long as that would not conflict with preparation for the hearing presently scheduled for August 4, 1986.
For the reasons set forth below, FEMA believes that it is in the interest of all of the parties for the August 4th hearing to be postponed until the completion of the RAC review of the proposed August 25th revision of the NHRERP:
1.
While no version of the NHRERP is ever so final that there is no need for further enhancements, FEMA and the RAC have already identified significant areas needing improvement in the December, 1985 version and the February, 1986 changes. _ _
The version of the NHRERP now in litigation is not the operative one.
It has already been and will again be substantially altered as a result of subsequent events, such as the February exercise and RAC reviews.
2.
Review of the June 3rd and proposed August 25th submissions will be delayed in direct proportion to the time and resources which FEMA commits to litigation of the December, 1985, NHRERP.
In fact, litigating the earlier version may be counterproductive to the efficient resolution of the offsite emergency preparedness issues at Seabrook.
The regulations concerning the licensing of nuclear power plants require that NRC make a finding that there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency.
10 C.F.R. { 50.47(a)(1). They also provide that the NRC will base its findings on a review of the FEMA findings and determinations as to whether State and Ic al plans are adequate and whether there is reasonable assurance that they can be implemented.
10 C.F.R. % 50.47(a)(2). A FEMA finding will primarily be based on a review of the plans.
Ibid.
In the documents referred to above, FEMA and the RAC have identified a number of deficiencies, and so FEMA cannot yet make a finding of reasonable assurance. However, if the proposed August revision of the NHRERP corrects these deficiencies, FEMA will 4
be in a position by October 1, 1986 to make findings of adequacy of the New Hampshire plan and of reasonable assurance of its implementation. -....- - - -
s' For the reasons stated above, FEMA moves that the hearing presently scheduled to begin on August 4, 1986, be postponed until October 20, 1986.
I Respectfully submitted,
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AssistantGeneralCo/
H. 40SEPjVFLYNN unsel Federal Emergency Management Agency 500 C Street, S.W.
Washington, D.C. 20472 i
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n UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOA 0$CyMfTED
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hh[lC[7gsrcaggy In the Matter of I
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_ gy & SERvicr; Docket Nb". $$443-OL Pubile Service Co. of New Hampshire,
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et al.
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50-444-OL
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Offsite Emergency (Seabrook Station, Units 1 & 2)
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Planning Issues
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Motion for Continuation of Hearing on Emergency Planning Contentions in the above-captioned proceeding has been served on the following by deposit in the United States mail on this 30th day of June, 1986.
Helen Hoyt, Esq., Chairman Atomic Safety and Licensing Board Nuclear Regulatory Commission East West Towers Building 4350 East West Highway Bethesda, Maryland 20814 Dr. Jerry Harbour Administrative Judge Atomic Safety and Licensing Board Nuclear Regulatory Commission Bethesda, Maryland 20555 Dr. Emmeth A. Luebke Administrative Judge Atomic Safety and Licensing Board Nuclear Regulatory Commission Bethesda, Maryland 20555 i
s Beverly Hollingworth 209 Winnacunnet Road Hampton, NH 03842 Sandra Gavutis, Chairman Board of Selectmen RFD 1 Box 1154 Route 107 Kensington, NH 03827 Carol S. Snleder Assistant Attorney General Office of the Attorney General One Ashburton Place, 19th Floor Boston, MA 02108 Stephen E. Merrill Attorney General George Dana Bisbee Office of the Attorney General 25 Capitol Street Concord NH 03301-6397 Richard A. Hampe, Esq.
New Hampshire Civil Defense Agency 35 Pleasant Street Concord, NH 03301 Calvin A. Canney, City Manager City Hall 126 Daniel Street Portsmouth, NH 03801 Roberta C. Pevear State Representative Town of Hampton Falls Drinkwater Road Hampton Falls, NH 03844 Robert A. Backus, Esq.
Backus, Meyer & Solomon 116 Lowell Street Manchester, NH 03106 Paul McEachern, Esq.
Mathew T. Brock, Esq.
Shatnes & McEachern Post Office Box 360 Portsmouth, NH 03801._ _
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Edward A. Thomas Federal Emergency Management Agency 442 J.W. McCormack (POCH)
Boston, MA 02109 Jane Doughty Seacoast Anti-Pollution League 5 Market Street Portsmouth, NH 03801 Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Allen Lampert Civil Defense Director Town of Brentwood 20 Franklin Street Exeter, NH 03833 Angle Machiros, Chairman Board of Selectmen 25 High Road Newbury, MA 01950 Jerard A. Croteau, Constable 82 Beach Road P.O. Box 5501 Salisbury, MA 01950 Diane Curran, Esq.
Harmon & Weiss 2001 S Street, N.W.
Suite 430 Washington, D.C. 20009 Philip Ahrens, Esq.
Assistant Attorney General Office of the Attorney General State House Station, #6 Augusta, ME 04333 Thomas G. Dignan, Jr., Esq.
Ropes & Gray 225 Franklin Street Boston, MA 02110 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555.
T Docket and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 J.P. Nadeau, Esq.
Selectmen's Representative Board of Selectmen 10 Central Road Rye, NH03870 Michael Santosuosso, Chairman Board of Selectmen South Hampton, NH 01913 Mr. Robert Carrigg, Chairman Board of Selectmen Town Office Atlantic Avenue North Hampton, NH 03862 H1111am Armstrong Civil Defense Director Town of Exeter 10 Front Street Exeter, NH 03833 Peter J. Matthews, Mayor City Hall Newburyport, MA 01950 H1111am S. Lord Board of Selectmen Town Hall - Friend Street Amesbury, MA 01913 Mrs. Anne E. Goodman, Chairman Board of Selectmen 13-15 Newmarket Road Durham, NH 03824 I
Gary W. Holmes, Esq.
Holmes & Ellis 47 Winnacunnet Road Hampton, NH 03842 - - _
1 Sherwin E. Turk, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Tenth Floor 7735 Old Georgetown Road Bethesda, MD 20814 Oreste Russ Pirfo, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, DC 20555 Senator Gordon J. Humphrey U.S. Senate Washington, D.C. 20510 (Attn:
Herb Boynton)
Senator Gordon J. Humphrey 1 Pillsbury Street Concord, NH 03301 (Attn:
Herb Boynton)
Thomas F. Powers, III Town Manager Town of Exeter 10 Front Street Exeter, NH 03833 Brentwood Board of Selectmen RFD Dalton Road Brentwood, NH 03833 Dated: June 30, 1986 Y,,( ----;
H. 40SEPWTLYNN f
Assistant General Counsel Federal Emergency Management Agency
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