ML20214G600

Response to Town of Hampton Memorandum on 10CFR2.714(a)(1) & Contentions on Rev 2 to State of Nh Radiological Emergency Response Plan.Revised Contentions Iii,Iv,Vi & Viii Still Opposed.Certificate of Svc Encl

ML20214G600
Person / Time
Site:	Seabrook
Issue date:	11/17/1986
From:	Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#486-1644 OL, NUDOCS 8611260146
Download: ML20214G600 (9)

Text

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ljp 11/17/86 DOCKETED USNRL ,

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

,86 NOV 25 Pl2:15 BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD Grr e Or, .

,,e In the Matter of )

) P PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443 OL NEW HAMPSHIRE, et al. --

) 50-444 OL

) Offsite Emergency Planning (Seabrook Station, Units 1 and 2) )

2 NRC STAFF'S RESPONSE TO TOWN OF HAMPTON'S MEMORANDUM ON 10 CFR 82.714(a)(1) AND CONTENTIONS ON NHRERP REVISION 2 On October 31, 1986, the Town of Hampton filed its " Memorandum on 10 CFR 82.714(a)(1) and Contentions of the Town of Hampton to New Hampshire Radiological Emergency Response Plan Revision 2" ("?!emorandum"). Therein,

'the Town set forth four revised contentions based, in part, on Revision 2 to the New Hampshire Radiological Emergency Response Plan (NHRERP), which was transmitted to the Board and parties on September 8, 1986. 1/ In addition, the Town included a discussion of the late filing criteria contained in 10 C.F.R. I 2.714(a)(1), as required by the Commission's Braidwood decision. 2_/ In the following discussion, the NRC Staff provides its views as to the admissibility of Ilampton's revised contentions.

i 1/ See Letter from George Dana Bisbee, Esq. to the Appeal Board, dated Eptember 8,1986.

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2/ Commonwealth Edison Co. (Braidwood Nuclear Plant, Units 1 and 2), 23 NRC 241 (1986) (clarifying that the criteria of 10 C.F.R. I 2.714(a)(1) are to be addressed in ruling upon the admissibility of late-filed contentions) .

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8611260146 861117 PDR ADOCK 0S000443 O PDR Q]

DISCUSSION P

The Staff has reviewed the Town of Hampton's discussion of the late filing criteria contained in 10 C.F.R. I 2.714(a)(1), and agrees with the Town's assertion that those criteria have been satisfied with respect to the Town's four revised contentions, to the extent that the revisions to those contentions are based upon the issuance of NHRERP Revision 2. Pursuant to 10 C.F.R. I 2.714(a)(1), the Town has asserted as " good cause" in support of its late filing of these revised contentions, the fact that NHRERP Revision 2 was transmitted by the State on September 8,1986 (Memorandum, at 2-5). Revision 2 incorporated numerous changes to prior versions of the NHRERP, and ,the Staff recognizes that substantive changes in Revision 2 may support revisions to the Town's contentions which address those changes. In light of this fact, and in view of the Board's Memorandum and Order of i

November 4, 1986, 3/ requiring contentions on Revision 2 to be filed by December 1,1986, the Staff does not oppose the Town's revised contentions,

' to the extent they address changes incorporated in NERERP Revision 2.

i j Similarly, with respect to the four other factors enumerated in 10 C.F.R. I 2.714(a)(1), the Staff submits that the Town has demonstrated that a balancing of these factors supports the admission of the revised contentions, to the extent that they are based upon NHRERP Revision 2, if they otherwise satisfy the basis and specificity requirements of 10 C.F.R.

i 3/ " Memorandum and Order (Ruling on Summary Disposition Motions of

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Applicaats and State of New Ilampshire and Establishing a Date for Filing of Late-Filed Contentions Arising Out of Revision 2 of the New j

IIampshire Radiological Emergency Response Plan)," dated November 4, 1986.

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I 2.714. The Staff's views with respect to the admissibility of each of the Town's revised contentions are as follows.

Contentions I-II, V, VII Contentions I-II, V, and VII of the Contentions of the Town of Hempton to Radiological Emergency Response Plan for the Town of Hampton, New Hampshire, November, 1985, previously filed by the Town of Hampton with this Board , and bases for same, are hereby realleged and incorporated by reference herein.

Staff Response The inadmissibility of these contentions was ruled upon by the Board in its Memorandum and Order of April 1, 1986, as amplified by its later

" Memorandum .and Order (Ruling On Contentions and Establishing Date and Location for Hearing)" of April 29, 1986. 4/ The Staff continues to oppose 4

the admission of these contentions for reasons previously stated. No further discussion of these contentions is warranted.

Revised Contention III The Evacuation Time Estimate Study (ETE) prepared by KLD Associates, Inc., Revision 2, Volume 6, is based upon inaccurate and biased factual data and unreason-able or misleading assumptions, fails to comply with NRC regulations, and fails to provide reasonable assurance that adequate protective measures can and will be taken, or that adequate facilities, equipment, or personnel will be provided to the Town of Hampton, in the event of radiological emergency. 10 CFR 850.47(a)(1), (b)(1)[ sic](10); NUREG-0654, App. 4.

4/ The Staff's response to these contentions was filed on March 14, 1986.

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See "NRC Staff's Response to Contentions Filed by Towns of Hampton, llampton Falls, Kensington, Rye and South Hampton, and by the Massachusetts Attorney General, NECNP and SAPL," filed March 14, 1986.

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Staff Response The Staff does not oppose the revision of this contention, provided its litigation is limited to the specific bases offered by the Town in support thereof. 5/

Revised Contention IV Revision 2 fails to provide adequate emergency equip-ment, fails to demonstrate that adequate protective responses can be implemented in the event of radio-logical emergency, and fails to correct deficiencies in emergency response capabilities apparent from the emergency exercise. 10 CFR I 50.47 [b](1)(8)(10)(14)

[ sic] .

Staff Response.

The Staff does not oppose the revision of this contention, which has previously bcen admitted by the Licensing Board, limited to the matters raised by NHRERP Revision 2. 6_/ We note that this revision to the contention and the bases offered in its support raise, in part , alleged i

-5/ The Staff notes that an earlier revision of Contention III was filed by the Town on May 23, 1986 and that the Licensing Board has not yet ruled on the admissibility of that prior version of the contention. See

" Memorandum on 10 C.F.R. I 2.714(a)(1) and Revised Contention III'M '

the Town of Hampton to Evacuation Time Estimate Report by ELD Associates, Inc. ," filed May 23, 1986. The Staff incorporates by reference its response to the May 23, 1986 version of this contention.

See "NRC Staff's Response to Town of Hampton's Memorandum on 10 UFR 52.714(a)(1) and Revised Contention III," filed June 12, 1986.

-6/ The Staff oppeses the admission of certain portions of the bases offered by the Town of Hampton in support of this contention, concerning Ictters of agreement for implementation of the State's compensatory plan (Memorandum at 21-22 (item (D)(1)), and 22-23 (item (D)(3)). To the best of our knowledge, these matters were not introduced for the first time in NHRERP Revision 2, and the Town has failed to demonstrate good cause for not raising these matters earlier, following pubifcation of NilRERP Revision 1. Accordingly, these portions of the contention l should be rejected.

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inadequacies in the manner in which the State treated the exercise deficiencies reported by FEMA following the emergency planning exercise held in February 1986. Although it has been some time since the exercise and the

' issucnce of FEMA's evaluation, we note that the State had indicated in June 1986 that it would be issuing NIhRERP Revision 2, in part to address the results of the exercise and the RAC's review of earlier versions of the NHRERP. 7/ Accordingly, the Staff does not oppose the litigation of these matters at this time.

l Revised Contention VI .

Revision 2 fails to demonstrate that adequate personnel are ~

available to respond , or to augment their initial response on a continuous basis , in the event of radiological emergency. 10 CFR I 50.47(b)(1)(10)

[ sic) .

Staff Response The Staff does not oppose the revision of this contention, which was previously admitted by the Licensing Board. 8/

Revised Contention VIII Revision 2 fails to provide adequate energency equip-ment, facilities, or personnel to support an emergency response and fails to demonstrate that adequate ,

protective responses can be implemented in the event of radiological emergency. 10 CFR I 50.47 [b](1)(8)(10).

See letter from Richard H. Strome (Director, NH Civil Defense Agency)

-7/

to Henry G. Vickers (Regional Director, FEMA), dated June 3,1986.

The Staff does oppose, however, the edmission of certain portions of

-8/ this revised contention, concerning the availability of personnel to implement the NIIRERP (f.1cmorandum , at 26-27 (item (C)), on the grounds that the Town could have raised these matters earlier and has failed to demonstrate good cause for raising the issues for the first time in response to NHRERP Revision 2.

Staff Response The Staff does not oppose the revision of this contention, which was previously admitted by the Licensing Board, Ifmited to the specific bases ,

offered in its support and as further limited to the issues identified by the Board in its Memorandum and Order of April 29, 1986. 9/

CONCLUSION i

The Staff submits that the Town of Hampton has adequately demonstrated that the five factors specified in 10 C.F.R. I 2.714(a)(1) support the f11fng of its revised _ contentions, to the extent that the new matter contained in those revised contentions are based upon the changes in NHRERP Revision 2.

To this extent, the Staff does not oppose the admission of the Town of However, the Staff Hampton's Revised Contentions III, IV, VI, and VIII.

continues to oppose the admission of Hampton's Contentions I, II, V, and VII, for the reacons previously set forth by the Staff in response thereto.

Respectfully submitted, i

s 0$

Sherwin E. Turk Senior Supervisory Trial Attorney Dated at Bethesda, Maryland this 17th day of November,1986 J

E See also "NRC Staff Response to Contentions Filed by Town of

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Hampton," filed March 14, 1986, at 15-16.

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COLKETE?

'JSN=c UNITED STATES OF AP! ERICA NUCLEAR NEGULATORY COMMISSION 86 NOV 25 P12:15 BEFORE THE ATOMIC SAFETY AND LICENSING BOARPrice ,,

00CKEig mf In the Matter of ) ,

)

PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443 OL NEW HAMPSHIRE, et al. --

) 50-444 OL

) Off-Site Emergency (Seabrook Station, Units 1 and 2) ) Planning Issues CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO TOWN OF HAMPTON'S MEMORANDUM ON 10 CFR 92.714(a)(1) AND CONTEN-TIONS ON N}iRERP REVISION 2" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regula-tory Commission's internal mail system, this 17th day of November,1986.

Helen Hoyt, Esq., Chairman

• Dr. Emmoth A. Luebke*

Administrative Judge Administrative Judge Atomic Safety and Licensing Daard Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nue: ear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Jerry Ilarbour* Ms. Carol Sneider, Esq.

Administrative Judge Ascistant Attorney General

, Atomic Safety and Licensing Board Office of the Attorney General i U.S. Nuclear Regulatory Commission One Ashburton Place,19th Floor Washington, D.C. 20555 Boston, MA 02108 l Beverly Hollingworth Stephen E. Merrill l

209 Winnacunnet Road Attorney General Hampton, NH 03842 George Dana Bisbee

Assistant Attorney General

! Sandra Gavutis, Chairman Office of the Attorney General

, Dcard of Selectmen 25 Capitol Street RFD 1 Box 1154 Concord, Fl! 03301-6397

, Kensington, NH 03827

Richard A. Ilampe, Esq.

New Hampshire Civil Defense Agency l 107 Pleasant Street Concord, NH 03301 j

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1 Calvin A. Canney, City Pfanager Allen Lampert City Hall Civil Defense Director 126 Daniel Street Town of Brentwood Portsmouth, NH 03801 20 Franklin Street Exeter, NH 03833 Roberta C. Pevear Angie Machiros, Chairman State Representative Town of Hampton Falls Board of Selectmen Drinkwater Road 25 High Road Hampton Falls, NH 03844 Newbury, MA 09150 Charles P. Graham, Esq.

Mr. Robert J. linrrison McKay, Murphy and Graham President and Cldef Executive Officer Public Service Co. of New Ilampshire 100 Main Street P.O. Box 330 Amesbury, MA 01913 Manchester, NH 03105 Diane Curran, Esq.

Robert A. Backus, Esq. Harmon & Weiss Backus, Meyer & Solomon 2001 S Street, N.W.

116 Lowell Street Suite 430 Manchester, ,NH 03106 Washington, D.C. 20009 Edward A. Thomas Philip Ahrens, Esq.

Federal Emergency Management Agency Assistant Attorney General Office of the Attorney General 442 J.W. McCormack (POCH)

Boston, MA 02109 State House Station #6 Augusta, ME 04333 H.J. Flynn, Esq. Thomas G. Dignan, Jr. , Esq.

Assistant General Counsel Ropes & Gray Federal Emergency Management Agency 225 Franklin Street 500 C Street, S.W. Boston, MA 02110 Washington, D.C. 20472 Jane Doughty Atomic Safety and Licenning Seacoast Anti-Pollution League Board *

'. U.S. Nuclear Regulatory Commission 5 Market Street Washington, D.C. 20555 Portsmouth, HH 03801 Atomic Safety and Licensing Paul McEachern, Esq.

Matthew T. Brock, Esq.

Appeal Panel

• U.S. Nuclear Regulatory Commission Shaines & McEachern j 25 Maplewood Avenue Washington, D.C. 20555 P.O. Box 360 Portsmouth, NH 03801 l

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Docketing and Service Section* William Armstrong Office of the Secretary Civil Defense Director U.S. Nuclear Regulatory Commission Toten of Exeter Washington, D.C. 20555 10 Front Street Exeter, NH 03833 Maynard L. Young, Chairman Peter J. Matthews, Mayor Board of Selectmen 10 Central Road City Hall Rye, NH 03870 Newburyport, MA 09150 Michael Santosuosso, Chairman William S. Lord Board of Selectmen Board of Selectmen South Ilampton, NH 03827 Town Itall - Friend Street Amesbury, MA 01913 Mr. Robert Carrigg, Chairman Mrs. Anne E. Goodman, Chairman Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03P62 R. K. Gad III, Esq. Gary W. Holmes, Esq.

Ropes a Gray Holmes & Ellis 225 Franklin Street 47 Winnacunnet Road Boston, MA 02110 Hampton, NH 03842 Judith H. Mizner, Esq.

Silverglate, Gertner, Baker Fine and Good 88 Broad Street Boston, MA 02110

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L Sherwin E. Turk Senior Supervisory Trial Attorney i

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