ML20207N697

Contention of Atty General Fx Bellotti & Motion to Admit late-filed Contention,Reopen Record in Onsite Emergency Planning Phase of Proceeding & Conditional Issuance of License for Operation Not in Excess of 5% Rated Power....*

ML20207N697
Person / Time
Site:	Seabrook
Issue date:	01/12/1987
From:	Sneider C MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20207N700	List: ML20207N697 ML20207N702
References
CON-#187-2187 OL-1, NUDOCS 8701140366
Download: ML20207N697 (14)

Text

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DOCHETED USNRC UNITED STATES OF AMERICA

'87 JM1 13 P12 :59 NUCLEAR REGULATORY COMMISSION gp -,

Before Administrative Judges:

Sheldon J. Wolfe, Chairperson Emmeth A. Luebke Jerry Harbour

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In the matter of ) Docket Nos.

) 50-443-OL-1 PUBLIC SERVICE COMPANY OF ) 50-444-OL-1 NEW HAMPSHIRE, et al. ) (On-Site EP)

(Seabrook Station, Units 1 and 2) ) January 12, 1987

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CONTENTION OF ATTORNEY GENERAL FRANCIS X. BELLOTTI AND MOTION TO ADMIT LATE-FILED CONTENTION, REOPEN THE RECORD IN THE ON-SITE EMERGENCY PLANNING PHASE OF THIS PROCEEDING, AND CONDITION THE ISSUANCE OF A LICENSE FOR OPERATION NOT IN EXCESS OF 5% RATED POWER ON APPLICANTS' COMPLIANCE WITH 10 C.F.R. S 50.47(b)(5)

Attorney General Francis X.-Bellotti hereby submits the following late-filed contention in this proceeding and moves that-the Licensing Board reopen the record on the on-site emergency planning and safety phase of this licensing proceeding for the limited purpose of litigating said contention concerning Applicants' compliance with Regulation 50.47(b)(5), and in particular whether the Applicants have demonstrated the means to provide early notification and clear instruction to the populace within the Town of Merrimac, Massachusetts as required by 10 C.F.R. S 50.47(b)(5). Attorney

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General Bellotti further moves that this Board refrain from DOhKh5hh0k43 bb PDR J'

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issuing any decision that may authorize the issuance of an operating license for operation not in excess of 5% rated power until such time as such contention may be resolved and Applicants have demonstrated the means to notify the population of Merrimac in the event of an emergency. In the alternative, Attorney General Bellotti moves that any decision authorizing the issuance of a low-power license condition the issuance of such license upon Applicants' compliance with 10 C.F.R.

S 50.47(b)(5).

1. Satisfaction of Late-Filed Contention Standard A. 10 C.F.R. 2.714(a)(1). Good cause, if any, for failure to file on time.

The Attorney General satisfies this standard because "no adequately based contention could have been filed earlier."

Philadelphia Electric Company, (Limerick Generating Station, Units 1 and 2), ALAB-806, 21 NRC 1183, 11?0 (1985). The only contention relevant to notification that could have been filed earlier would have been one asserting that Applicants' plans for notifying the public offsite are inadequate. The Attorney 4

General-is not asserting, however, that the Applicants' plans for notifying the off-site public are inadequate. He is rather contending that, with respect to the plans' notification provisions for the Town of Merrimac, such plans will not be implemented as provided. Moreover, due to the Applicants' delayed schedule for installing operational sirens within the

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. q, EPZ, the Attorney General could not have known or reasonably asserted earlier than now that Applicants' provision for notifying persons in the Town of Merrimac would not be implemented as planned.

Applicants' schedule for installing alert and notification sirens originally provided that such sirens would be installed and operational prior to fuel load. See SBN-1028, Applicants' letter to Vincent S. Noonan, Project Director, NRC, dated May 6, 1986 [ attached hereto as " Exhibit A"). Just prior to fuel load, the Applicants revised such schedule, and by letter to

. the NRC Project Director, dated October 16, 1986, confirmed that "the sirens will be operational prior to initial criticalilty." SBN-1217 [ attached hereto as " Exhibit B"].

Relying on such letter, the Attorney General assumed that the sirens would be operational as stated.

Nevertheless, Attorney General Bellotti learned last week, pursuant to the Affidavit of Ronald R. Jordan, Chairman of the Board of Selectmen of the Town of Merrimac, attached hereto as

" Exhibit C," that sirens in the Town of Merrimac are still not operational. Since issuance of a decision which could authorize low power operation is now imminent, the Attorney General can no longer wait to see if Applicants will in fact have sirens in Merrimac operational prior to criticality.

Attorney General Bellotti feels compelled to now raise this issue before the Licensing Board to assure that the public in Merrimac will be protected. ,

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y B. 10 C.F.R. 2.714(a)(1)(ii), Availability of Other Means to Protect Petitioner's Interest.

There is no other means other than by the filing of this late-filed contention by which the A.ttorney General can assure that this issue of notifying the public off-site will be addressed prior to the plant's achieving criticality.

C. 10 C.F.R. 2.714(a)(1)(iii), Extent to Which Petitioner Can Contribute to Development of a Sound Record.

This contention of the Attorney General raises a very narrow factual issue over whether notification sirens will be operational in the Town of Merrimac prior to the plant's achieving criticality. The Attorney General can provide witnesses, such as the Chairman of Merrimac's Board of Selectmen whose affidavit is attached hereto, to testify to the status of the siren system or other means of public notification in Merrimac.

D. 10 C.F.R. 2.714(a)(1)(iv), Extent to Which Other Parties Will Represent Petitioner's Interest.

No other party has raised this issue before the Board and no other party can represent the interests of the Attorney General in this important issue concerning the protection of Massachusetts citizens located within the Town of Merrimac,  !

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E. -10 C.F.R. 2.714(a)(1)(v), Broadening and Delay of' Proceedings.

Attorney General Bellotti acknowledges that admission of e this contention at this very late date after the. record has been closed in'this portion of these licensing proceedings will necessarily broaden and cause delay.in the proceedings.

Nevertheless, because the factual issue ~ raised by the Attorney General's contention is such a narrow one, the Attorney General contends that admission of this contention should'not result in any undue delay. In fact,.the Attorney General contends'that the factual issues raised by this contention could easily be ,

decided by affidavit and therefore the entire. issue could be briefed and resolved within a matter of just a couple of weeks..

II. Satisfaction of Standard For Reopening The Record in The On-Site Emergency Planning And Safety Phase of This Proceeding.

The' tests for reopening an evidentiary record at. .<hether the issues could have been raised earlier, the gravity of the

-issues, and whether the issues require further evidence for their resolution. Carolina Power & Light Company (Shearon Harris _ Nuclear Power Plant, Units 1, 2, 3, and 4), LBP-78-2, 7 NRC 83, 84-85 (1978) citing Vermont Yankee Nuclear Power Corp.

(Vermont Yankee Nuclear Power Station), ALAB-138, 6 AEC 520 (1973). The test, in fact, is quite similar to that fcr admission of a late-filed contention.

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+ i s t The first standard, whether this issue could have been raised. earlier, has already been addressed. As stated previously, the Attorney General could not have raised any earlier than now this issue concerning Applicants' apparent failure to comply with the prdvision in their emergency response plans for notifying the populace in Merrimac. With respect to the second standard, the gravity of the issue, a serious issue concerning the protection of the public off site has been raised by the facc that no provisions have been made for notifying the off-site public in Merrimac of an emergency.

When.the seriousness of this issue is then balanced against the fact that the reopening called for in this instance would require merely the filing of a few short affidavits to introduce evidence of. Applicants' compliance or non-compliance,:

it.becomes apparent that reopening of the record is clearly warranted. Furthermore, it is not at all clear that the standard to be addressed for admission of this contention should be one for reopening the record in this instance where the licensing proceeding is still ongoing and merely one phase of the hearing has closed. Certain1" where a portion of the evidentiary record remains open and a full power license to operate is not imminent, the standard for reopening the record should be lower than that employed in cases where the entire record has been closed.

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III. Contention: Applicants have failed to comply with the provisions of 10 C.F.R. S 50.47(b)(5) and Part 50, Appendix E, iv, D.1 and 3, because no administrative or physical means have been established to provide early notification and' clear instruction to the populace within the plume exposure pathway located within the Town of Merrimac, Massachusetts.

Basis: Applicants' emergency response plans provide that the populace within the Town of Merrimac will be notified of emergencies by means of three alert and notification sirens to be situated in the Town. Pursuant to the Affidavit of Ronald R. Jordan, Chairman of the Town of Merrimac Board of Selectmen [ attached hereto as " Exhibit C"), one of those three sirens has not been installed and none of those sirens are operational. No other means have been provided to notify the public in Merrimac in the event of an emergency.

While many of the issues relevant to the adequacy of the Applicants' Alert and Notification System will be addressed in the off-site emergency planning phase of this licensing hearing, the Commission has determined that the neans to notify the population within the plume exposure EPZ must be in place prior to lcw power operation. See Statement of Consideration, 47 Fed. Reg. 30232, 30234 (July 13, 1982) (Commission Response to Issue 6). See also, Southern California Edison Company (San Onofre Nuclear Generating Station, Units 2 and 3) LBP-82-3, 15 NRC 61, 191-195 (1982) (affirming the aced to provide means to notify the off-site public and response organizations during

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low power operation.)

In light of this, no decision authorizing the issuance of a low-power license should issue until the Applicants have demonstrated the means to notify and instruct the populace in the Town of Merrimac in the event of a radiological emergency.

Respectfully submitted, FRANCIS X. BELLOTTI By: .

b-Carol S. Sneider Donald S. Bronstein Assistant Attorneys General Environmental Protection Division Department of the Attorney General One Ashburton Place, Room 1902 Boston, MA 02108 (617) 727-2265 Dated: January 12, 1987

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.u- s F. Bean J. D;Vincentio  !

\g E. Br:wn T. Faigtnbaum l V A. C:rna G. Grca i R. Cummings W. Hall l . R. DeLoach R. Harrison l l

W. Derrickson D. Hunter l

W. Johnson G. Kingston Pubec Service of New Hampshire May 6, 1986 G. Mcdonald M. McKenna NEW HAMPSHIRE YANKEE DIVISION SBN-1028 D. Moody T.F. B7.1.2 NRC Subject File Proj ects-WJD Proj ects-Chrono Ropes & Gray (3)

A. Shepard R. Sweeney United States Nuclear Regulatory Commission T.F. B7.1.2 Washington, DC 20555 G. Thomas J. Tribble Attention: Mr. Vincent S. Noonan, Project Director UE&C & W (SB-20818)

PWR Project Directorate No. 5 ASLB P. Stroup

References:

(a) Construction Permits CPPR-135 and CPPR-136, Docket Nos. 50-443 and 50-444 (b) PSNH Letter (SBN-1008), dated April 22, 1986, "NUREG-0737, Task II.B.3, Post-Accident Sampling System- Criterion (10) - Accuracy, Range and Sensitivity", John DeVincentis to V. S. Noonan Subj ect : Emergency Plan Information

Dear Sir:

In discussions with the Staff, additional questions were raised on certain emergency plan matters. The following is provided in response to these questions.

Siren Installation ant Tesci_ng ,

i We will complete the in.ita11ation of the Alert and Notification System sirens within the Emer gency Planning Zone (EPZ) by the Seabrook Station core load milestone. Af ter each of the sirens has been installed, we will perform a silent test of its activation capability to ensure each siren can be successfully activated f rom its corresponding central acti-vation location (i.e., either Massachusetts State Police in Framingham, MA for the Massachusetts sirens or Rockingham County Dispatch in Brentwood, NH for the New Hampshire sirens).

Public Information Dissemination Basic emergency response information, including instructions on steps to take in the event of a siren activation, will be prepared and disseminated to all residential mailing addresses within the EPZ prior to the Seabrook Station core load milestone. This information will be displayed in the form of a flyer or pamphlet and will be based on the more detailed material that is under development and review for dissemination at a later time.

ED03IBIT A Seabrook Staten Construction Field Office . P.O Box 700 Seabrook, NH 03874

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._j[ United Stitco Nuclose Reg 21ctcry Cosmicsics j

. AttGItion: Mr. Vincott S. Noonan P232 2 For the transient' segment of the EPZ population, this flyer or pamphlet will be made available for appropriate distribution (e.g.,

tourist information centers) and included in an issue of area news-papers during early July 1986. ,

Safety Evaluation Report, Supplement No. 1, Open Item j Item 13.3.2.9, " Accident Assessment", for the NRC Safety Evaluation Report, Supplement No.1 carries an open item listed on page 13-10 as follows:

"The applicant must submit to the NRC descriptions of the post-accident sampling system, the in-plant iodine instrumentation and the ef fluent sampling and analysis system".

In Reference (b), we provided information to the Staff on some remaining details of our post-accident sampling system. Included in Reference (b) is a revised FSAR Section 1.9 for Task II.B.3, ' Post-Accident Sampling Capability (NUREG-0737)", for which the response lists all the references for the details of our implementation of this req uirement.

Our response to II.F.1, Attachment 2, " Sampling and Analysis of Plant Effluents", and III.D.3.3, " Improved In-Plant Iodine Inst rumen-tation Under Accident Conditions", is provided in FSAR Section 1.9 with references to the specific sections of the FSAR that contain the re-quired information.

We trust this provides the additional information/ clarification requested by the Staff and request that the acceptability of the en-closed, where applicable, be reflected in the upcoming supplement to Seabrook's SER.

Very truly y urs, I John DeVincentis Director of Engineering i

l cc: Atomic Safety and Licensing Board Service List l

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s g Diane Curren. B; quire Calvia A. Canneg' Normen & Weiss City Manager 2001 S. Street. N.W. City Hall -

Suite 430 126 Daniel Street Washington D.C. 20009 -

Portsmouth. NN 0340,1 Sherwin B. h rt. Esq. Stephen E. Morrill. Esquire Office of the Executive Lessi Director Attorney General W.S. Nuclear Regulatory Commission George Dana 31sbee. Esquire Tenth Floor Assistant Attorney General Washington, DC 20555 Office of th Attorney General 25 Capitol Street Robert A. Backus. Esquire Concord. W 03301-6397 116 Lowell Street P.O. Dom 516 Mr. J. F. Wadeau Manchester. NN 03105 Selectmen's Office 10 Central Road Philly Ahrens. Esquire Rye. NH 03870 Assistant Attorney General Department of The Attorney General Mr. Angle Nachiros Statehouse Station M Chairman of the Board of Selectmen hugusta. NE 04333 Town of Newbury Newbury. NA 01950 Mrs. Sandra Gavutis Chairinan. Board of Selectmen Mr. William 8. Lord RFD 1 - Box 1154 Bost1l of Selectmen Kennsington EH 03827 Town Hall - Friend Street Amesbury. MA 01913 Carol S. Sneider. Esquire Assistant Attorney General Senator Gordon J. Humphrey Department of the Attorney General 1 Pillsbury Street One Ashburton Place.19th Ficor Concord EN 03301 Boston, MA 02108 (ATTN: Norb Boynton)

Senator Gordon J. Humphrey N. Joseph Flynn. Esquire U.S. Senate Offlee of Gernral Counsel ,

Washington, DC 20510 Federal Emergency Management Agencyg (ATTN: Tom Burack) 500 C Street. SW ' ,

1. Washington, DC 20472 t l Richard A. H+spe. Esq.

l Nampe and Ncilcholas Paul McEachern. Esquire 35 Pleasant Street Matthew T. Brock. Esquire Concord NN 03301 Shatnes & NcEachern 25 Naplewood Avenue Donald E. Chick F.O. Box 360 Town Manager Portsmouth EH 03801 Town of Exeter 10 Front Street Gary W. Holmes. Esq.

Exeter. EH 03833 Holmes & Ells 47 Winnacunnet Road Brentwood Board of Selectmen Hampton. WH 03841 RFD Dalton Road Brentwood. NH 03833 Mr. Ed Thomas FEMA Region I Peter J. Mathews, Mayor 442 John W. McCormack PC & Courthouse City Hall Boston, MA 02109 Newburyport. NA 01950 Stanley W. Knowles Chairsan Board of Selectmen P.O. Box 710 North Hampton, NH 03862

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Administrative Judge Helen Hoyt, Chairperson j Atomic Safety and Licensing Board Panel -

i U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Administrative Judge Sheldon J. Wolfe, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Eameth A. Luebke Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Jerry Harbour Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 F

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R. Basu SEABROOK STATION f

C" F. Btsn Engine; ring Offica I I E. Brown W. DerrickIcn T.F. B7.1.2 A. Cerne J. DeVincentis G. Thomas R. DeLoach T. Feigenbaum J. Tribble October 16, 1986 G. Gram UE&C & W (SB-21400)

W. Hall R. Ferrell N W W b MS SBN-1217 R. Harrison P. Stroup NEW HAMPSHIRE YANKEE DIVISION g J on ASLB G. Mcdonald D. McLain D. Moody United States Nuclear Regulatory Commission NRC Subject File Washington, DC 20555 Projects-WJD Projects-Chrono Attention: Mr. Vincent S. Noonan, Project DirectorRopes & Gray (3)

PWR Project Directorate No. 5 A. Shepard R. Sweeney

References:

(a) Construction Permits CPPR-135 and CPPR-136, Docket Nos. 50-44 3 and 50-444 (b) PSNH Letter (SBN-1008), dated April 22, 1986, "NUREG-0737, Task II.B.3, Post-Accident Sampling System. Criterion (10) - Accuracy, Range and Sensitivity", J. DeVincentis to V. S. Noonan (c) PSNH Letter (SBN-1028), dated May 6,1986,

" Emergency Plan Information", J. DeVincentis to V. S. Noonan (d) PSNH Letter (SBN-1209), dated October 9,1986, "The Alert and Notification Systems Sirens",

2Vincentis to V. S. Noonan

Subject:

The Alert and Notification System Sirens

Dear Sir:

Based on our discussion with William Lazarus of Region I, this confirms that the sirens will be operational prior to initial criticality.

If you have any further clarifications, do not hesitate to contact our Mr. T. L. Harpster at (603) 474-9521, extension 2765.

Very truly yours,

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John DeVincentis Director of Engineering cc: Atomic Safety and Licensing Board Service List EDCHIBIT B Seabrook Station Construchon Field Office . P.O. Box 700 Seabrook, NH O3874

'. DiccaC[rreo,E:quira Patcr J. Mathz:3, Hayar City Hall g Harmon & Weica i 2001 S. Str:Ot, N.W. Ne:buryport, MA 01950 '

Suite 430 l Washington, D.C. 20009 Judith H. Mizner l Silversate, Gettner, Baker, l Sherwin E. Turk, Esq. Fine, Good & Mizner Office of the Executive Legal Director 88 Broad Street U.S. Nuclear Regulatory Commission Boston, MA 02110 Tenth Floor Washington, DC 20965 Calvin A. Canney City Manager Robert A. Backus, Esquire City Hall 116 Lowell Street 126 Daniel Street P.O. Box 516 Portsmouth, NH 03801 Manchester, NH 03105 Stephen E. Merrill, Esquire Philip Ahrens, Esquira Attorney General Assistant Attorney General George Dana Bisbee, Esquire Department of The Attorney General Assistant Attorney General Statehouse Station #6 Office of the Attorney General Augusta, ME 04333 25 Capitol Street Concord, NH 03301-6397 Mrs. Sandra Gavutis Chairman, Board of Selectmen Mr. J. P. Nadeau RFD 1 - Box 1154 Selectmen's Office Kenosington, NH 03827 10 Central Road Rye, NH 03870 Carol S. Sneider, Esquire Assistant Attorney General Mr. Angie Machiros Department of the Attorney General Chairman of the Board of Selectmen One Ashburton Place, 19th Floor Town of Newbury Boston, MA 02108 Newbury, MA 01950 Senator Gordon J. Humphrey Mr. William S. Lord U.S. Senate Board of Selectmen Washington, DC 20510 Town Hall - Friend Street (ATIN: Tom Burack) A=esbury, MA 01913

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Richard A. Hampe, Eng. Senator Gordon J. Humphrey Hampe and McNicholas 1 Pillsbury Street 35 rieasant Street Concord, NH 03301 Concord, NH 03301 (ATTN: Herb Boynton)

Thomas F. Powers, III H. Joseph Flynn, Esquire Town Manager Office of General Counsel Town of Exeter Federal Emergency Management Agency 10 Front Street 500 C Street, SW Exeter, NH 03833 Washington, DC 20472 Brentwood Board of Selectmen Paul McEachern, Esquire )

RFD Dalton Road Matthew T. Brock , Esquire )

Brentwood, NH 03833 Shaines & McEachern 25 Maplewood Avenue .

Gary W. Holmes, Esq. P.O. Box 360 Halmes & Elis Portsmouth, NH 03801 47 Winnacunnet Ro'ad Hampton, NH 03842 Robert Carrigg Town Office Mr. Ed Thomas Atlantic Avenue 1 FEMA Region 1 North Hampton, NH 03362 1 442 John W. McCormack PO & Courthouse l Boston, MA 02109