ML20214W706
| ML20214W706 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/09/1987 |
| From: | Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20214W617 | List: |
| References | |
| OL, NUDOCS 8706160141 | |
| Download: ML20214W706 (9) | |
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UNITED STATES OF AMERICA DOCHETED NUCLEAR REGULATORY COMMISSION l'W C BEFORE THE COMMISSION
,87 JLW 11 A10 35 In the Matter of
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Docket No. 50-433-OL PUBLIC SERVICE COMPANY
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,:,r n OF NEW HAMPSHIRE, et al.
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June 9,1987 000
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(Seabrook Station Unit 1)
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SEACOAST ANTI-POLLUTION LEAGUE'S, ATTORNEY GENERAL JAMES M.
SHANNON'S AND TOWN OF HAMPTON'S JOINT SUPPLEMENT TO MOTIONS FOR STAY OF THE PARTIAL INITIAL DECISION The Seacoast Anti-Pollution League (SAPL), Attorney General James M. Shannon and Town Hampton hereby supplement the " Motion for continuation of the Stay of the Partial Initial Decision Pending the Outcome of Appeals Thereof", which was filed with this Commission by SAPL on May 14,1987, " Attorney General James M.
Shannon's Application for a Stay of Licensing Board Order Authorizing Issuance of Operating License to Conduct Low Power Operation", which was filed with this Commission on May 13, 1987 and joined in by SAPL, and " Town of Hampton Motion For A Stay of Licensing Board Order Authorizing Issuance of License to Conduct Low Power Operations", filed with this Commission on May 22, 1987.
The Attorney General, SAPL and Town of Hampton would call to the Commission's attention the recent filing in the Seabrook litigation of the findings of the Federal Emergency Management Agency and would particularly call to attention pages 38-39 of the 8706160141 870609 PDR ADOCK 05000443 0
PDR-
. Appendix A to the " Response of the Federal Emergency Management Agency to Massachusetts Attorney General James M. Shannon 's Of f-Site Emergency Preparedness Interrogatories and Request For Production of Documents to FEMA (Set No. 2) " (attached hereto as
" Attachment A").
FEMA has found that "thousand of persons could be unable to leave during an accident at Seabrook involving a major release of radioactivity without adequate shelter for as much as the entire duration of that release", and has stated that, even were all of the other deficiencies and inadeau ncles in the New IIamnshire Plans to be corrected, an overall findino of aceauncy nursuant to 44 CFR 350.5(b) could not be made because of.
_this problem.
This FEMA finding substantially reduces the likelihood that a full power license will ever issue for Seabrook station.
The Attorney General, SAPL and Town of Itampton would urge that as a matter of regulatory policy and law the Commission should maintain a stay of low power operations in the face of such an extreme obstacle to issuance of a full power license.
Indeed, this Commission in reversing the Appeal Board 's Decision in ALAB-853, stated in its Memorandum and Order, CLI 02 of April 9,1907 that:
...we did not discount the possibility that a license for fuel loading and low power testing could be held up if it were established, beyond significant doubt, that there were truly incunerable obstacles to issuance of a license for operation at any substantial power icycl." (emphasis added)
j i The Federal Emergency Management Agency has pointed out that using i
the standard guidance for initiation and duration of radiological l
releases and the evacuation time estimates for Seabrook, thousands of people would be inadequately protected in the event of a major 1
4 release of radioactivity.
The fact that thousands of people i
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cannot be removed from the area surrounding the reactor in a timely manner, with the attendant lack of shelter, does pose an insurmountable obstacle to any finding that there is reasonable i
assurance of adequate public protection.
In his Application for a Stay (in which, as stated above, t
SAPL joined) the Attorney General argued that a supplemental Environmental Impact Statement (EIS) is required for Seabrook 1
i station to assess the costs and benefits of low power operation I
apart from the costs and benefits of full power operation, j
particularJy when there is a substantial likelihood that no full j
power operating license is go'ing to be issued.
Since the benefits of low power operation can only accrue if there is a subsequent i
j ascension to full power operation, the substantially reduced f
likelihood of full power operation as a result of this FEMA i
l finding should weigh in support of the Attorney General's argument f
that there be required a supplementation of the EIS.
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The joint movants believe there were no similar findings by l
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FEMA in the Shoreham case.
Though at Shoreham there were legal impediments in the path of issuance of a full power license, there I
was no such finding of the physical infeasibility of ef fecting an i
i adequate implementation of response plans.
On this basis, the I
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,. Commincion ought distinguish the two cases and maintain its stay in effect pending the outcome of appeals and the conclusion of litigation of the offsite plano.
In effect, Seabrook f acen not one, but two "truly insuperable obstacion" to obtaining the claimed benefit of full power operation--the lack of any "stato, local or utility" plan for the approximately one-third of the EPZ in Masnachunotts, and the f act that the agency with both the particular expertise and special regulatory responsibility for dotormining the adequacy of offsito emergency plann han found those plano to be fundamentally inadequato.
CONCLUSION For the roanona stated in prior pleadinga filed by these movanto on the innue of "mootness" and in support of a stay and for the reanono stated above, the Comminnion should stay any nucioar power operation at Seabrook until a final decision on whether the plant in liconnable in mado.
Respectfully submitted, Scacoast Anti-pollution League By ito Attorney DACKUS, HEYER & SOLOMON
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DATED: JUNE 9,1987 Robert A. Backun 116 Lowo11 Stroot Manchantor, Nil 03105 603-668-7272
1' CERTIFICATE OF SERVICE
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I hereby certify that a copy of the " Seacoast Anti-Pollution League 's, Attorney General James M. Shannon 's and Town of f
Hampton's Joint Supplement To Motions for Stay of the Partial Initial Decision" was mailed this date, first class mail, postage prepaid to all names on the attached service lis).
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/, 2)$k5'~ fV Robert A. Backus j
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ATTACill!ENT A 4
NECNP CONTENTION RERP-8 Itampshire RERP does not provide a " reasonable assurance The New that adequate protective rneasures can and will be taken in the event of a radiological emergency." as reautred by 10 C.F.R. 50.4"(a)(1). in that the plan doca not provide reasonable assurance that sheltering is an
" adequate protective measure" for Seabrook.
Nor does the plan provido adequate criteria for the choice between protective measures, as required by 9 50.47(b)(10) and MUREG-0654. $ !!.J.10.m.
FEMA FF.SIO!;SE to Revised Tcwn cf Hamten Contentien VIII to Revision 2 (of tne !;ew Hampanire IERP tor SeaDroord, SAPL Contention 10, ano !;EC!?P Contention IW.RP-H Theno throo contentions all ical with what is fundamentally the same issuoi protection f rcra a radiolo;ical roleano for beach-Joing population at Seabrook who do riot have ready access to any of foctivo form of choltering.
mis group includes both " day-tripp3rs to tho beach and those persons who only have access to unwintorized or other types of constraction which will offer a lessor degree of protection than that offered by standard residential or canmorcial buildings.
This issue has boon of great concern to FEMA fran our Backaraind earliest cotalled involvement with the preparation of plans and tho achievo-mont of a lovel of emergency preparodness which would achievo our regulatory standard set for that 44 CFR 350.5 of adequatoly protecting the public health and safoty by providing reasonablo assurance that appropriato protectivo moacuros can be taken offsito in the event of a radiological emergoney at the F.>abrook !!aclear ibwor Plant.
In Dacorant 1985 the Stato of !bw Hampshire submitted plans for protecting the public in the event of an accident at Soabrook to FEMA for review pur-nuant to 44 CFR 350. Boso plans waro forsarded for review by the Pagional Ansistanco Comitteo (RAC), an interagency group established pursuant to 44 CFR 350 to both assist stato and local government in the develo;nont of radiological omorgoney responso plans and to evaluate the adequacy of such Cn D)com.cor 31, 1985, FEMA, as chair of the PAC, requested that plans.
the mmbers of the PAC (as well as tho other FEMA staf f who woro reviewing the mw Hampshiro Plans) i: nediately focus on the issuo of the protection of beach pcpulation and tho occupants of unwintorized acccnnodations. This memrandum in attached as Appondix C to this respanno to interrogatorios.
Since the timo of our D> comber 31,1985, p3morandum HMA Penition on the subject at the protection of the public on and near the beachos around Diabrook, the Stato of !bw H.utpshiro has refined and improved its j
l emurgency plans and nuhnitted a detailed Evacuation Time Estimato which nheds a considorablo amount of light on this issuo. Tho facts colovant I
to understanding this issuo are that
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MDCP CCRTCTIO1 U"-8 (Cont.)
(1) % e primary guidanco document used by FEMA and the RAC in reviewing off-s ito emergency plans is NUREG-0654, FEMA REP-1, Rev.1, a document jointly developed by FEMA and the NRC. W at guidance document indicates on p.13 that "(t)he range of timos between the onset of accident conditions and the start of a major rolosso is of the ordor of one-half hour to several hours". This statomont is further clarified on p.17, Tablo 2 to indicato that (a) the major portion of a roloaso may occur in a time period ranging from as little as ono-half hour to one day after the rolosso begins and (b) that the travel time of the rolosso to exposuro point can rango fran ono-half hour to two hours at five miles, and ono hour to four hours at ten miles.
(2) Cn peak sumer days thoro are thousands of beachgoers in tho Seabrook EPZ in areas beginning approximately 1.7 miles fran the plant. We current tbw flampshire plans contemplato evacuating the mny thousands of beachgoors who have access to no adequato sholtor as a protectivo action in tho ovent of an accident at Seabrook.
Wo understand that the plans contain no consideration of sheltoring the " day trippors" because on sumor days when thoro are a largo number of thoso people, it is not possible to find reasonably accessible cholter for them. Woro are an additional number of persons who would bo in or havo access only to shelter in unwintor-ized cottages and motel roans. no protection afforded by l
sholtoring in thoso structures will definitely be loss than that afforded by a normal wood frame houso.
(3) The Evacuation Timo Estimato for the Soabrook EPZ subnittod by the Stato of thw flampshiro indicates at pp.10-1 ot.noq. that in good weather when the beachos are at 60 to 100 porcent ot capacity it will take throo and one-half hours to clear the beachos, and a total of fran four hours and fif ty minutos to fivo hours and fif ty minutos to evacuato all the population on the beaches from the EPZ.
In scmo situations such as sudden bad woather following a peak suntner day, tho total ovacuation timo for portions of the EPZ rango up to savon hours and fifty minutos.
noroforo, using the standard guidanco for the initiation and duration of radiological roloasos, and the current thw llampshire RERP including LTE, it appears that thousands of people could bo unable to loavo during an accident at Soabrook involving a major roloaso of radioactivity without adoquato choltor for as much as the entiro duration of that roloaso.
noroforo, until theso issues are resolved even if all the other inadequacios and doficiencios cited in the RAC Boviews of the thw llampshiro Plans, and the Poview of the Exorciso of thoso plans woro to be corrected, FEMA would not be able to concludo that the thw flampshiro Stato and local plans to protect the public in tho event of an accident at the Soabrook Nuclear Ibwor plant are adequato to moot our regulatory standard that such plans "adequatoly protect the public health and safoty by providing reasonablo assuranco that appropriato protectivo measuras can be taken offsito in the event of a radiological emorgoney."
(Sco, 44 CFR 350.S(b)).
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CERTIFICATE OF SERVICE I hereby certify that a copy of the above " Joint Motion for Leave to File A Supplement to Motions for Stay of the Partial Initial Decision Filed by Seacoast Anti-Pollution League, Attorney General James M. Shannon and Town of Hampton" was mailed this date, postage prepaid to all names on the attached. service list.
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Robert A. Backus k,k k
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CERTIFICATE OF SERVICE AND SERVICE LIST Joceph Flynn, Asst.Gn.Cnsi Lando W. Zoch, Jr., Chrmn*
Thomas Dignan, Esq.*
Pcd. Emerg. Mgmt. Agcy.
U.S. NRC Ropos & Gray 500 C St. So. Want Washington, D.C.
20555 225 Franklin St.
Wachington, D.C.
20472 Boston, MA 02110 Docketing & Sorv. Soc.*
Office of Selectmon Thomas M. Roberts
- Offico of the Socrotary Town of flampton Falls U.S. NRC U;8 itempton Falls, N.l!. 03844 Washington, D.C.
20555 g shi g on, D.C.
20555 Doughty Shorwin E. Turk, Esq.*
James K. Anselstino Offico of Exoc. Log 1 Dr.
U.S. NRC 5 Market Stroot U.S. NRC Washington, D.C.
20555 Wachington, D.C.
20555 Portsmouth, N.II.
03801 ard Phillip Ahrons, Esq.
Prodorick !!. Bornthal g gf a
ctm n Acat. Atty. General U.S. NRC 10 Contral Road Stato !!ouso Sta. #6 Washington, D.C.
20555 Augusta, ME 04333 Ry, N.l!.
03870 Go rgo Dana Diaboo, Esq.
Carol Snoidor, Esq.
Kenneth M. Carr Attorney Gonoral s Off.
Offico of the Atty. Gen.
U.S. NRC Stato of New !!ampshiro Ono Ashbarton Placo 19 Pl.
Washington, D.C.
20555 Docton,itA 02100 concord, N.!!.
03301 Richard A. Itampo, Esq.
Paul McEacharn, Esq.
William S. Lord New Itampshiro Civil Def.
flatthew Brock, Esq.
Board of Selectman llampo & McNicholas 25 !!aplewood Avo.
Town lla11 - Friend St.
35 Plonnant St.
P.O. Box 360 Amesbury, MA 01913 Concord, N.II.
03301 Portsmouth, N.ll.
03801 Diano Curran, Esq.
Sandra Gavutis Rep. Roberta Povoar I'
Town of Kensington Town of flampton Falls 2
, NN
- 430 Drinkwater Road Box 1154 Washington, D.C.
20009 East Kingston, N.!!. 0382 Ilampton Falls, N.ll. 03844 Judith !!. Mizner, Esq.
Edward Thomas Mr. Robert liarrison Silvorglato, Gortner, FEMA Pros. & CEO Dcker, Fino, Good & Miznor 442 J.W. McCormack (POCll)
PSNil 08 Broad Stroot Boston, MA 02109 P.O. Dox 330 Docton, MA 02110 Manchestor, N.ll.
03105