ML20214T122

Contentions of Town of Kensington,Nh to Rev 2 to State of Nh Radiological Emergency Response Plan.Certificate of Svc Encl

ML20214T122
Person / Time
Site:	Seabrook
Issue date:	11/26/1986
From:	Gavutis S KENSINGTON, NH
To:	Atomic Safety and Licensing Board Panel
References
CON-#486-1780 OL, NUDOCS 8612080490
Download: ML20214T122 (10)

Text

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', h Dated. November 26, 1986

@[hk:U UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '86 DEC -5 P12:04 before the ;Fr 00c.

ATOMIC SAFETY AND LICENS!NG BOARD

)

In the Matter of )

)

PUBLIC SERVICE COMPA11Y OF ) Docket Nos. 50- tA3 -OL NEW HAMPSHIRE, et al. ) 50-/A4-OL _

(Seabrook Station, Units 1 and 2

) Off-site Emergency

) Planning Issues

)

)

CONTENTIO:iS OF THE TOWN OF KENSINGTON ("TOK")

TO NEW HAMPSHIRE RADIOLOGICAL EMERGENCY RESPONSE PLAN REVISION 2 On September 9,1986, "'IOK" was served with several copies of the New Hampshire Radioloeical Emereenev Resconse Plan, Revision 2 (NHRERP).

These copies were served on "TOK" by the Applicanc. On September 23, 1986 "TOK" was served with several copies of the NHRERP by the New Hampshire Civil Defense Agency. These copies of NHRERP were referred to by the New Hampshire Civil Defense Agency *,s the "real plan"."TOK" is a scall New England town with a very li'tited budget and a severly strained volunteer government. "TOK" can not afford to litigate a plan that is not the operable plan. "TOK" would prefer to litigate the copy of the NHRERP which the State provided, as this copy would indeed be the operable one in the event of a radiological emergency at Seabrook Station.

8612090490 861126 PDR G

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'n 'IOWN OF KENSINGTON ("TOK") MEMORANDUM IN SUPPORT OF " LATE FILED" CONTENTIONS OF THE TOWN OF KENSINGTON

_TO NEW HAMPSHIRE RADIOIOGICAL EMERGENCY RESPONSE PLAN REVISION 2 GOOD CAUSE. "TOK" was served the NHRERP, Revision 2 for "TOK" on September 23,1986. "TOK" could not determine until that time whether Revision 1 would be substantially changed . The Town was at the mercy of the State. The burden of fulfilling late filing criteria was brought upon "TOK" by the State failing to provide a complete NHRERP on a timely basis.

"TOK" is a small New England town with limited budget and limited volunteer

-government. -

THE AVAILABILITY OF OTHER MEANS WHEREBY THE PETITIONER'S INTEREST WILL' BE PROTECTED. Only "TOK" can speak to the adequacy of emergency response plans for "TOK" One contention that is before the Board clearly evidences this. The contention concerning the adequacy of the letters of agreement. "TOK" is aware of the resources we use on a daily basis i.e.

snow plowing. "TOK" can assess it's requirements simply through daily living. Therefore no other party can adequately address "TOK'S" unique understanding of the Town's interests.

EXTENT TO WHICH PETITIONER'S CAN CONTRIBUTE TO DEVELOPMENT OF A SOUND RECORD. "TOK" is, at this time, developing testimony and documentation in sOpport of it's contentions.

EXTENT TO WHICH OTHER PARTIES WILL PRESENT PETITIONER"S INTEREST As stated previously, only "TOK" can present what is essentially the day to day life of the town and it's resources and abilities in an emergency.

EXTENT TO WHICH THE PETITIONER'S PARTICIPATION WILL BROADEN THE ISSUES OR DELAY THE PROCEEDING. The contentions of "TOK" herein presented

3, -

r:,prcccnt previous icau:2 raiscd that ara still unr 201v:d. "TOK" has consistently argved the inadequacy of available shelter and the inadequacy of the letters of agreement. "TOK" wants these safety issues resolved and asks that the Board permit "TOK" to pursue resolution of all contentions which "TOK" has before the Board.

e

i In complianca with tha Board's Ord:r of Nsysmbsr 4,1986, "TOK" hsraby i

submits the following contentions in opposition to NhRERP, Revision 2, which fails to provide reasonable assurance that adequate protective measures can and will be implemented in the event of a radiological emergency at Seabrook Station. 10 CFR s 50.47 (a) (1) and (b).

REVISED CONTENTION 2 The NHRERP, Revision 2 for "TOK" does not provide for adequate

" notification, by the licensee, of State and local response organizations, and for notification of emergency response personnel by organizations, as required by 10 CFR 50.47 (b) (5). Provision for notification of the town emergency response organization is inadequate in that it depends upon notification through the Rockingham County dispatch.

BASIS "TOK" will no longer be using Rockingham County dispatch as of the end of 1986.

CONTENTION 3 Contention 3 of the CONTENTIONS FILED BY THE 'IOWN OF KENSINGMN,NH RELATIVE TO THE RADIOIDGICAL EMERGENCY RESPONSE PLAN FOR THE TOWN OF KENSINGTON PREPARED BY THE NEW HAMPSHIRE STATE CIVIL DEFENSE AGENCY, FEBRUARY 24,198o, previously filed by "TOK" with this Board, and basis for same are hereby realleged and incorporated by reference.

REVISED CONTENTION 4 The NHRERP, Revision 2 for "TOK" does not provide reasonable assurance

! that adequate protective measures can and will be taken in the event l

of a radiological emergency at Seabrook Station, as required by 10 CFR 50.47 (a)(1), because the Kensington Elementary School provides l

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k- inadequate radiological protection.

l BASIS The Kensington Elementary School is currently proposed as a shelter for elementary school students in the event that sheltering is recommended.

The elementary school in the Town of Kensington is inadequate for sheltering children, the highest risk population, due to the fact that there are no interior rooms, no. basement, and all classrooms have a wall of windows.

REVISED CONTENTION 6 The NHRERP, Revision 2 for "TOK" does not provide adequate arrangements i for effectively using assistance and resources as required by 10 CFR 50.47 -

(b) (3) because there are not appropriate letters of agreement to identify support organizations and other facilities which are to provide assistance.

BASIS NUREG 0654 II C.4. requires that each organization shall identify nuclear and other facilities, organizations or individuals which can be relied on in an emergency to provide assistance. Such assistance shall be identified and supported by appropriate letters of agreement. "TOK" is not aware of a letter of agreement with Midway Excavators. "TOK" has been informed by Midway Excavators (not by NH State Civil Defense) that as of November 21, 1986 it will not be servicing any towns. Midway Excavators left "TOK" unplowed during the snow storm of November 19,1986 and, in fact "never showed up" or called "TOK" to inform "TOK" that it would not be coming. Midway Excavators is servicing only State roads as of November 21, 1986. In AFFIDAVIT OF RICHARD H. STROME (CONTENTION KENSINGTON -6 AND CONTENTIONS SOUTH HAMPTON-1 AND 3) MAY 19,1986 in support of APPLICANTS'

_ HOT _ ION FOR

SUMMARY

DISPOSITION OF KENSINGTON CONTENTION NO. 6 AND SOUTH HAMPTON CONTENTIONS NOS.1 AND 3 MAY 20,1986, Richard H. Strome states:

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1, . at 3. " As to local tow or snow removal companies such as Midway Excavators, the state has adequate back-up resources should local contractors be unavailable to tow or to plow the snow in the Town of South Hampton."

In light of Midway Excavators action of November 21, 1986 in which it effectively transferred the resources of "TOK" to the State, "TOK" has serious guestions as to the existence of the State's back-up resources and the adequacy of any resources the State purports to have. "TOK" no longer has a Snow Remon1 Agrement with Midway Excavators.

"TOK" does not accept as appropriate letters of agreement the letters of agreement with transportation companies. Many of these letters list more buses and other vehicles than there are drivers. There are no -

letters of agreement for the already inadequate number of drivers.

REVISED CONTENTION 10 The NHRERP, Revision p "TOK" does not p ovide for communications with contiguous State / local governments within the plume exposure pathway EPZ, as required by 10 CFR 50.47 App. E,E. (9) (a), because provisions for communications with the State government are inadequate.

BASIS NURE3 0654 F.1. b. requires provisions for com:nunications with contiguous State / local governments within the EPZ. The Kensington Emergency Operations Center (E00) currently has only one telephone (red phone) for communications with State / local governments, located on the ground floor of the EOC, while the command post is located on the second floor of the EOC. This system is not adequate to allow necessary emergency communications. "TOK" asserts that there is no showing that the equipment exists. The NHRERP, Revision 2 for "TOK" at page II-8 states:"This description is of the new communications system planned for the Town of Kensington. All of this equipment has been purchased, however the town has elected to accept only a portion of this equipment at this time."

, "TOK" has not made such an "elseticn". In AFFIDAVIT OF GARY J. CATAPANO RE KENSINGTON CONTENTIONS NOS.2 AND 10 MAY 16,1986 in support of APPLICANTS' SUMMA 3Y DISPOSITION OF KENSINGTON CONTENTIONS NOS. 2 AND 10, MAY 20,19A6 _,

Gary J Catapano states at.5:" Additional radio equipment was purchased for the Kensington Police Department as part of a complete reconfiguration of the existing cortmunications network and installation was begun. (Installa-tien was halted, insofar as I am aware at the direction of some official of the Town." No official gave such direction. "TOK" has never refused equipment.

CONTENTION 13 Contention 3 of the CONTENTIONS' FILED BY THE TOWN OF KENSINGTON, NH_ -

RELATIVE 'IO THE RADIOLOGICAL EMERGENCY RESPONSE PLAN MR THE 'IOWN OF KENSINGTON PREPARED BY THE NEW HAMPSHIRE STATE CIVIL DEFENSE AGENCY, FEBRUARY 24,1986, previously filed by "TOK" with this Board, and basis for same are hereby realleged and incorporated by reference.

Respectively submitted, Town of Kensington By the Board of Selectmen At? f7/ k Sandra Gavutis, Chairman DATED: November 26,'1986 I hereby certify that copies of the enclosed Cententions ~

have been cent to all the parties on the enclosed service list (7/W An 'l10/ /

Sandra Gavutis -

T

• UNITED STATES.0F AMERICA NUCLEAR REGULATORY COMMISSION y;J Eit :

In the Matter of -

)

PUBLIC SERVICE COMPANY OF NEW ) DocketNo.(sy6Efk3'f/4kkUb 5 HAMPSHIRE, ET AL. )

(Seabrook Station, Units 1 and 2) ) CFF. . .

) DCCn _ ij ,

)

CERTIFICATE OF ' SERVICE

,'. I, sandra Gavutis hereby certify tha t on Nov. 26, . 1986 I ma d e service of the within documents by mailing copies thereof, postage pre' paid, by first class mail, or as indicated by an asterisk by express mail, to:

Helen Hoyt, Chairperson Dr. Emmeth A. Luebke -

Atomic Sa fety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission

' Commission East West Towers Building

' Ea-st West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 B.ethesda, MD 20814 -

l Dr. Jerry Harbour Sherwin E. Turk, Esq.

1 Atomic Sa fety & Licensing' Boa rd Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Comm,ission .

East West Towers Building Tenth Floor -

4350 East West Highway 7735 Old Georgetown Road ',

Bethesda, MD 20814 Bethesda, MD 20814 H. Joseph-Flynn, Esq. Stephen E. Merrill, Esq.

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

Federal Energency Management' Assistant Attorney General Agency Office of the Attorney General l

500 C Street, S.W. 25 Capitol' Street Washington, DC 20472 Concord, NH 03301 t

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D.

g 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 ll6 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 Portsmouth, 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 1 Pillsbury Street Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 M r . Thomas Powers Mr. William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913

-4.

Brentwood Board of Selectman Gary W. Holmes, Esq.

R: D Dalton Rcad.

Brentwsod, NH 03833 Holmes & Ellis ~

47 Winnacunnet Road 1

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 16- Washington, DC 20009 Augusta, ME 04333 Thomas G. Dignan, Esq.

R.K. Gad III, Esq. Richard A. Hampe, Esq.

Hampe & McNicholas Ropes & Gray 225 Franklin Street 35' Pleasant Street Concord, NH 03301 Boston, MA 02110 Beverly Hollingworth Edward A. Thomas 209 Winnacunnet Road Federal Emergency Manacement Hampton, NH 03842 Agency 442 J.W. McCormack (POCH)g -

. Boston, MA- 02109 ,

William Armstrong Michael Santosuosso, Chairman

• Civil Defense Director Town of Exeter Board of Selectmen 10 Front Street Jewell Street, RFD 2 Exeter, NH South Hampton, NH 03827 03833 Robert Carrigg, Chairman Board of Selectmen Mrs. Anne E. Goodman, Chairperson .I Town Office Board of Selectmen Atlantic Avenue 13-15 Newmarket Road Durham, NH 03824 North Hampton, NH 03862

• Allen Lampert Civil Defense Director Helen F. Hoyt, Chairperson Town of Brentwood Atomic Safety and Licensing 20 Franklin Street Board Panel Exeter, NH 03833 U.S. Nuclear Regulatory Commission -

Washington, DC 20555 Jerard A. Croteau, Constable *

' 82 Beach Road, P.O. Box 5501 '

Salisbury, MA 01950 /

g'g,fg? ~

Rep. Edward J. Markey, Chairman, San (ra* GavnHe '.

U.S. House of Representatives '

Subcommittee on Energy Chairman, Board of Selectmen Conservation and Power Town of Kensington Room H2-316 House Office Building Annex No. 2 ,.

Washington, DC 20515 -

Attn: Linda Correia

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