ML20214A488

Brief of Atty General Fx Bellotti Supporting Proposed Findings of Fact & Conclusions of Law & Proposed Form of Decision Re Onsite Emergency Planning & Safety Issues.W/ Certificate of Svc

ML20214A488
Person / Time
Site:	Seabrook
Issue date:	11/12/1986
From:	Sneider C MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20214A467	List: ML20214A463 ML20214A488
References
OL-1, NUDOCS 8611200102
Download: ML20214A488 (11)

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COLMEft0 USNPC UNITED STATES OF AMERICA E NOV 17 A11:31 NUCLEAR REGULATORY COMMISSION before the _

ATOMIC SAFETY AND LICENSING BOARD hC lb IYrI[h BR A NC H n

In the Matter of )

) Docket No.(s) 50-433/444-OL-1 PUBLIC SERVICE COMPANY OF NEW ) On-site Emergency Planning HAMPSHIRE ET AL. ) and Safety Issues (Seabrook' Station, Units 1 and 2) )

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BRIEF OF ATTORNEY GENERAL FRANCIS X. BELLOTTI IN SUPPORT OF HIS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND PROPOSED FORM OF DECISION Attorney General Francis X. Bellotti submits this brief in support of his proposed findings of fact and conclusions of law. Attorney General Bellotti has, in addition to his own proposed findings with respect to SAPL Supplemental Contention 6, also adopted all of the proposed findings of fact and conclusions of law submitted by the Seacoast Anti-Pollution League'(SAPL). The Attorney General adopts and is in agreement with all arguments set forth by SAPL in its brief in support of its findings and conclusions and to the extent possible will not reiterate such arguments herein.

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Applicants Have Failed to Meet Their Burden of Establishing Reasonable Assurance That the Health and Safety of the Population Near the Seabrook Plant Will Still Be Protected if Deficiencies in the SPDS Are Not Corrected Until First Refueling.

Applicants' entire argument, that they may defer the correction of deficiencies in the Seabrook SPDS until first refueling, res,ts on the fact that the relevant information on plant safety status is available elsewhere in the control room. (Mass. A.G. Prop. 30, 63.) NUREG-0737, Supplement 1, however, already assumes in its requirement for an SPDS that all other safety related equipment will be available in the control room to aid in assessing accident conditions. See NUREG-0737, Supp. 1, S 4.1.C at p. 7. As stated in NUREG-0737, the requirement is that an SPDS be in addition to the other equipment. Id. Despite the fact that an SPDS is supposed to be in addition to the other equipment that is expected to be capable without an SPCS of assessing accident conditions, id.,

Supplement 1 of NUREG-0737 still states that " prompt implementation of an SPDS can provide an important contribution to safety" and that " prompt implementation is a design goal and of primary importance." Id. at S 4.3, p. 9. In fact, the implementation of an SPDS is supposed to take precedence over all other Emergency Response Capability requirements. Id. at S 3.1, p. 4; S 4.3, p. 9.

For the Applicants to assert, therefore, as they have, that an SPDS is unnecessary because their operators can walk the 4

control board and obtain the same information from the Board that they can from an SPDS [See Mass. A.G. Prop. 30,43, 63}

amounts to an unpermitted attack on the Commission's regulations. The commission has already made the determination in its NUREG-0737 requirements that an SPDS is important to safety, despite the availability of the other safety monitoring equipment.

Moreover, the NRC witness testified that an SPDS is needed in addition to other safety monitoring equipment to reliably assess plant conditions. He testified that one of the lessons learned from the accident at Three Mile Island, Unit 2, is that a control room is very large and that an SPDS is needed to pull all the different parameters together to obtain one general picture of safety. [ Mass. A.G. Prop. 44-46, 66, 68.] In addition, the witness testified that an SPDS can often be the first indication that something is wrong. [ Mass. A.G. Prop.

65.} While the NRC witness did testify that auditory alarms on the main control board should normally serve to alert an operator if something is amiss, he also testified that Seabrook's control room has approximately one hundred hard-wired alarms and that in the event of a serious accident a large number of those alarms could be sounding off at once. In fact, the witness testified that one of the problems at Three Mile Island was that so many different alarms were going off that the operators did not know where to look. [ Mass. A.G.

Prop. 20.]

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On the Seabrook display, a quarter of the twenty minimum parameters necessary to assess critical safety functions are not on the SPDS. Containment Isolation, RHR flow, Centainment Hydrogen Concentration, Stack Radiation, and Steamline Radiation are the parameters that are missing. [ Mass. A.G.

Prop. 9-11.] While some of the deficiencies regatdi.ng the containment isolation display may have been addressed by the Applicants, this has not been verified by the Staff and other deficiencies regarding containment isolation remain. [ Mass.

A.G. Prop. 12-14.]

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With respect to the Containment Hydrogen Concentration and RHR flow parameters, the NRC Staff witness acknowledged he was not technically competent to testify as to why these parameters.

are required on SPDS and could not testify that there would exist reasonable assurance that.the health and safety of the public could be protected without their being on SPDS. [ Mass.

A.G. Prop. 22-27, 33.] The witness also could not testify as to where these parameters are located in the Seabrook control i room or how the operator's attention would be drawn to these

parameters located on other displays in the event the parameters showed an abnormal condition. [ Mass. A.G. Prop. 26, l

j 30.]

There was also testimony on the importance of these two

[ parameters in assessing critical safety functions. Containment i

! Hydrogen Concentration is critical to know because high levels I

of hydrogen in the containment can lead to hydrogen explosion, 4

thereby presenting a challenge to containment integrity. This parameter can also provide an important indication that fuel cladding is being damaged. [ Mass. A.G. Prop. 24, 25,28-29.]

One of the problems during the accident at Three Mile Island was that operators were unaware of the high levels of hydrogen c

in containment. [ Mass. A.G. Prop. 29.]

RHR flow is also an important parameter to know so that plant operators will quickly be apprised if the RHR pump is not functioning properly. It allows the evaluation of the status of heat removal from the primary system when post accident cool s

down has progressed to the point where the RHR System provides the primary heat removal path. [ Mass. A.G. Prop. 25.]

Steam line and Stack radiation are another two of the minimum parameters necessary to assess critical safety function that are not displayed on the SPDS. [ Mass. A.G. Prop. 16,

': 17.] Although the Applicants are committed to adding a radiation screen to SPDS, it will be added only to the lower

( level display and the Staff witness could not determine how an operator's attention would be drawn to the lower level display when needed. [ Mass. A.G. Prop. 23.] The evidence also showed that an operator's attention might not be appropriately drawn when necessary to the Radiation Monitoring Screen, presently located several feet behind the STA, in the event of a serious accident. [ Mass. A.G. Prop. 18-22.] There was a good deal of testimony supporting the importance of these two parameters in assessing accident conditions. Among other things, these two parameters are important in assessing off-site radiation doses and determining a possible leak of radiation to the environment. (Mass. A.G. Prop. 17.]

Although the Staff witness testified that the Seabrook SPDS should not increase the potential for operator error, the evidence shows the contrary. The data validation algorithms, for one, ensure that in certain situations operators will be misled, and not always in the conservative direction. Thus the SPDS at present may not always indicate, when it should, the existence of an abnormal condition. (Mass. A.G. Prop. 34-38.]

Also, the Lawrence Livermore report questioned the reasonableness bounds used for some of the parameters and whether the resulting indication on the SPDS would be useful.

[ Mass. A.G. Prop. 36.]

In addition, there is no assurance that system response time for the Seabrook SPDS will be acceptable under anticipated accident conditions, when it is most needed, and that the information displayed on the SPDS will be based on up-to-date data. (Mass. A.G. Prop. 49-53.] Thus, an operator could be giving advice based on out-of-date information. [ Mass. A.G.

Prop. 53.] In addition, the NRC witness testified that a slow response time could cause an operator at SPDS to make mistakes when it takes too long for the computer to respond to input demands. (Id.] This, together with possible problems with the availability of the Seabrook SPDS [ Mass. A.G. Prop. 54-59] and the questionable usefulness to operators of Seabrook's lower r

i level displays (Mass. A.G. Prop. 39-48), shows that there can be no reasonable assurance that the Seabrook SPDS will appropriately aid plant operators to rapidly and reliably assess plant safety status when needed.

Conclusion For all the foregoing reasons this Board should find that the Applicants have not met their burden of proof in establishing that the health and safety of the public near the Seabrook plant will still be protected if deficiencies in the Seabrook SPDS are not corrected until first refueling outage, and should therefore find that no operating license for Seabrook may issue.

Respectfully submitted, FRANCIS X. BELLOTTI, By: 1 '

k Carol S. Sneider Assistant Attorney General Environmental Protection Division Department of the Attorney General One Ashburton Place, Room 1902 Boston, MA 02108-1698 (617) 727-2265 DATED: November 12, 1986 i

4 UNITED STATES OF Chifff$1CA NUCLEAR REGULATORY COMMISSION 1

'86 NOV 17 All:31 In the Matter of )

0FFth a ' ir r PUBLIC SERVICE COMPANY OF NEW l 00Crf T!Ng*ocYe~t No . ( s ) 50-433/444-OL-1 HAMPSHIRE ET AL. )N i (Seabrook Station, Units 1 and 2) ) 3

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CERTIFICATE OF SERVICE I, Carol S. Sneider, hereby certify that on November 12, 1986 I made service of the within documents by mailing copies thereof, postage prepaid, by first class mail, to:

Sheldon J. Wolfe, Chairperson Dr. Emmeth A. Luebke Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Jerry Harbour Sherwin E. Turk, Esq.

Atomic Safety & Licensing Board Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 H. Joseph Flynn, Esq. Stephen E. Merrill, Esq.

Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee, Esq.

Federal Emergency Management Assistant Attorney General Agency Office of the Attorney General 500 C Street, S.W. 25 Capitol Street Washington, DC 20472 concord, NH 03301

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Docketing and Service Paul A. Fritzsche, Esq.

U.S. Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC. 20555 Augusta, ME 04333 Roberta C. Pevear Ms. Diana P. Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A. Backus, Esq.

Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S. Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 Paul McEachern, Esq. J. P. Nadeau Matthew T. Brock, Esq. Board of Selectmen Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 Ms. Sandra Gavutis, Chairperson Mr. Calvin A. Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street E. Kingston, NH 03827 Pottsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angelo Machiros, Chairman

U.S. Senate Board of Selectmen Washington, DC 20510 25 High Road (Attn

Tom Burack) Newbury, MA 10950 Senator Gordon J. Humphrey Mr. Peter J. Matthews j 1 Pillsbury Street Mayor i Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 l

Mr. Donald E. Chick Mr. William Lord l Town Manager Board of Selectmen Town of Exeter Town Hall l 10 Front Street Friend Street l Exeter, NH 03833 Amesbury, MA 01913

Brentwood Board of Selectmen Gary W. Holmes, Esq.

RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 Philip Ahrens, Esq. Diane Curran, Esq.

Assistant Attorney General Harmon & Weiss Department of the Attorney Suite 430 General- 2001 S Street, N.W.

State House Station #6 Washington, DC 20009 Augusta, ME 04333 Thomas G. Dignan, Esq. Richard A. Hampe, Esq.

R.K. Gad III, Esq. Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 )

Beverly Hollingworth Edward A. Thomas 209 Winnacunnet Road Federal Emergency Management Hampton, NH 03842 Agency 442 J.W. McCormack (POCH)

Boston, MA 02109 William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Carrigg, Chairman Mrs. Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Helen F. Hoyt, Chairperson Civil Defense Director Atomic Safety and Licensing Town of Brentwood Board Panel 20 Franklin Street U.S. Nuclear Regulatory Commission Exeter, NH 03833 Washington, DC 20555 Charles P. Graham, Esq. Judith H. Mizner, Esq.

McKay, Murphy & Graham Silvergate, Certner, Baker, Old Post Office Square Fine, Good & Mizner 100 Main Street 88 Broad Street Amesbury, MA 01913 Boston, MA 02110

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e Rep. Edward J. Markey, Chairman U.S. House of Representatives Subcommittee on Energy Conservation and Power Room H2-316 House Office Building Annex No. 2 Washington, DC 20515 Attn: Linda Correia L (L%t'k b kl s C. 's .

Carol S. Sneider Assistant Attorney General Environmental Protection Division November , 1986 l

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