ML20234C995
| ML20234C995 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/29/1987 |
| From: | Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#387-3917 OL-1, NUDOCS 8707070057 | |
| Download: ML20234C995 (12) | |
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fflU UNITED STATES OF AMERICA NUCLFAR REGULATORY COMMISSION
'87 J1130 Pl2 :00 c.r BEFORE THE COMMISSION b _: i
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in the Matter of
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Docket Ne.s. 50-443 OL-1 PUBLIC SERVICE COMPANY OF
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50-444 OL-1 NEW HAMPSHIRE, et al.
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On-site Emergency Planning
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and Safety issues (Seabrook Station, Units 1 and 2)
)
NRC STAFF'S RESPONSE TO JOINT MOTION FOR LEAVE TO FILE A SUPPLEMENT TO MOTIONS FOR STAY OF PARTIAL INITIAL DECISION FILED BY SAPL, TOWN OF HAMPTON, AND ATTORNEY GENERAL SHANNON Sherwin E. Turk Senior Supervisory Trial Attorney June 29,1987 gro188?? 8?88$p G
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-t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '
BEFORE THE COMMISSION in the Matter of
).
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Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF
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' 50-444 OL-1
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NEW HAMPSHIRE, et al.
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On-site Emergency Planning l
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and Safety Issues i
(Seabrook Station, Units 1 and 2)
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'NRC STAFF'S RESPONSE TO JOINT. MOTION FOR LEAVE TO FILE A SUPPLEMENT TO MOTIONS FOR STAY OF PARTIAL INITIAL DECISION FILED BY SAPL, TOWN
- 0 OF HAMPTON, AND ATTORNEY GENERAL SHANNON ~
Sherwin E. Turk Senior Supervisory Trial Attorney June 29,1987
06/29/87 t-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION in the Matter of'
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Docket Nos. 50-443 OL-1 PUBLIC SERVICE COMPANY OF
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50-444 OL-1 NEW HAMPSHIRE, et al.
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Onsite Emergency Planning
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and Safety issues (Seabroox Station, Units 1 and 2)
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NRC STAFF'S RESPONSE TO JOINT MOTION FOR LEAVE TO FILE A SUPPLEMENT TO MOTIONS FOR STAY OF PARTIAL INITIAL DECISION FILED BY SAPL, TOWN OF HAMPTON, AND ATTOPNEY GENERAL-SHANNON INTRODUCTION -
On June 9, 1987, the Seacoast Anti-Pollution League ("SAPL"), the Town of Hampton and Massachusetts Attorney' General James M. Shannon filed a joint motion for leave to supplement their earlier motions for a' stay of the Licensing Board's Partial Initial Decision of March 25, 1987. II While the NRC Staff (" Staff") does not oppose the movants' request for leave to supplement their prior motions, for the reasons set forth below the Commission should find that their Supplement does not provide 1/
" 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," dated June 9, 1987 ( " Motion").
Attached to the Motion is a document entitled " 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",
dated June 9, 1987
(" Supplement").
. additional justification for a stay of the Licensing Coard's Partial Initial Decision. 2,/
1 DISCUSSION in support of their Motion, the movants assert that on June 4,1987, the Federal Emergency Management Agency (" FEMA") flied a document in the Seabrook offsite emergency planning proceeding which " points to serious deficiencies" in the New Hampshire radiological emergency f
response plan ("NHRERP"), such that FEMA is unable to find reasonable I
assurance that the NHRERP would adequately protect the health and rafety of nea-by beach populations in the event of a radiological emergency at Seabrook (Motion at 2).
Further, the movants assert that FEMA's position on this matter "substantially reduces the liblihood that a
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full power license will ever issue for Seabrook", and constitutea an
" insuperable obstacle" to the issuance of that license (Supplement at 2, 3).
In urging the Commission to find the existence of an " insuperable obstacle" to full power licensing,
the movants rely upon reasoning contained in the Commission's recent decision to maintain the existing stay of the Seabrook low power license until such time as the Applicants
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The Commission has already stayed the issuance of a low power license for Seabrook, pending the submittal of a bona fide offsite emergency plan for Massachusetts portions of the EPZ.
See Public Service Co. of New Hampshire (Seabrook Station,
Units 1
and 2), CLl-87-02, 25 NRC
{ April 9, 1987), motion to vacate denied, CLl-87-03, 25 NRC (June 11,1987).
The pending stay requests effectively seek a continuation of the stay, pending the occurrence of various other events.
The Commission may determine that it need not act with respect to the pending stay requests as long as the current stay remains in effect.
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submit a bona fide emergency plan for Massachusetts portions of the plume exposure pathway emergency planning zone (EPZ).
There, the Commission distinguished Seabrook from the circumstances present in Shoreham where a low power license had been permitted to issue.
The Commission stated:
In
- Shoreham, we specifically observed that the emergency planning issues there did "not appear to us to be categorically unresolvable," CLI-83-17, 17 NRC 1032 at 1034 (1983), and we did not discount the possibility that a license for fuel loading and low-j power testing could be held up if it were established, beyond significant
- doubt, that there were truly l
insuperable obstacles to issuance of a license for operation at any substantial power level.
We believe that sound policy requires that we retain this option at least for Seabrook.
CLI-87-02, slip op. at 6 (emphasis added). U By asserting that FEMA's 1
position constitutes an insuperable obstacle to full power licensing, the i
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At the time CLl-87-02 was rendered, no offsite emergency plan had Leeen submitted for Massachusetts portions of the EPZ.
In light of this fact, the Commission established a threshold requirement for low power licensing of Seabrook:
The filing of an offsite plan makes possible at least a summary
- review, of the type we performed in Shor eham, to determine whether adequate emergency planning is at least in the realm of the possible.
Thus applicants must do at least this much before there can be any license issued.
CLi-87-02, slip cp. at 7.
Here, of course, the FEMA position relied upon by the movants relates to the beach populations covered by the New Hampshire RERP; unlike the Massachusetts plans, the NHRERP has been submitted and was reviewed by FEMA. The movants do not cnntend -- nor, in light of the discussion infra, could they -- that adequate emergency planning for New Hampshire beach populations falls outside "the realm of the possible" due to FEMA's position.
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movants attempt to characterize Seabrook as distinguishable from Shoreham (Supplement, at 3-4).
The FEMA position relied upon. by movants does not establish a "truly insuperable obstacle" to full ppwer licensing for Seabrook and does not render Seabrook distinguishable from Shoreham.
Pursuant to 10 C.F.R. 550.47(a)(1), prior to full power licensing the Commission must find there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency.
Section U that the 30.47(a)(2)
- provides, with respect! to offsite matters,
Commission's finding is to be based upon a. review of the FEMA findings and determinations as to whether State and local emergency plans are adequate and whether there is reasonable assurance that they can be implemented.
However, that regulation further provides that "[i]n any licensing proceeding,
a FEMA finding will constitute a rebuttable presumption on questions of adequacy and implementation capability."
Thus, even if FEMA ultimately det ermines that the NHRERP affords 4/
Secticn 50.47(a)(2) provides, in full, as follows:
The NRC will base its finding on a review of the Federal Emergency Management Agency (FEMA) findings and determinations as to whether State and local emergency plans are adequate and whether there is reascnable assurance that th.ey can be' implemented, and on the NRC assessment of whether the applicant's onsite emergency plans are adequate and whether there is reasonable assurance that they can be implemented.
A FEMA finding will primarily be based on a review of the
-plans.
Any other information already available to FEMA i
may be considered in assessing whether there is reasonable assurance that the plans can be implemented, in any NRC licensing proceeding, a FEMA finding will constitute a rebuttable presumption on questions of adequacy and implementation capability.
S. Inadequate protection for nearby beach populations, 5_/ any such deter-mination is subject to rebuttal in the Seabrook proceeding.
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in this regard, the Commission should be aware that FEMA's position
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1 is at odds with the views of the N R C's representative on the FEMA 1
Regional Assistance Committee (RAC).
In contrast to the position expressed by FEMA, the NRC RAC member had recommended a findi,ng l
that the NHRERP does provide
" reasonable assurance" for beach populations:
Based on the above, it appears that contingent on the completion o,f action by the State to resolve the other RAC concerns with respect to the New Hampshire and local plans, those plans appropriately provide for dose savings for the spectrum of possible accidents and are adequate to provide reasonable assurance that the beach i
and unwinterized housing populations will be protected i
and that these plans will essentially meet the criteria of this area. g and the intent of the NRC regulations in NUREG 06 Of course, the Commission is currently asked to resolve only the question of whether the low power license should be stayed, and not whether the NHRERP affords reasonable assurance that adequate protective measures can and will be taken for the beach population in the l
event of a radiological emergency at Seabrook.
However, the Commission l
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Despite the movants' characterization of FEMA's position with respect to the beach populations as a " finding", FEMA's views in this regard
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represent its position on contentions in the operating license proceeding, and do not constitute a " finding" pursuant to FEMA regulations in 44 C.F.R. Part 350.
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Letter from Robert J.
Bores (NRC RAC member) to Edward A.
Thomas (FEMA RAC Chairman), dated June 4,1987, at 9; Dr. Bores' letter was provided to the Board and parties by letter from Sherwin E. Turk (NRC Staff counsel) to the Licensing Board, dated June 12,
- 1987, i
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% 1 may take notice of the fact that FEMA's position with respect to the beach population -- contrary to being an " insuperable obstacle" to full power licensing -- is subject to rebuttal, and has alrei.dy been identified as being inconsistent with the views of the NRC's representative on the FEMA Regional Assistance Committee.
In light of these facts, the movants' attempt to distinguish Seabrook from the Commission's decision in Shoreham must fall.
in CL1-87-02, the Commission noted that it had permitted a low power license to issue for Shoreham because the uncertainties as to full power licensing arose from speculation as to the outcome of the full power litigation:
The emergency planning uncertainty at Shoreham could d
have changed favorably or adversely at any time as viewpoints changed tor as accommodations were reached.
This is characteris0c of many matters in litigation, and the Commission properly declined to regard the
- g existence of sucn litigation as a factor precluding issuance of a low-power license.
1 CLI-87-02, slip op, at 6.
Here, as in Shoreham, any uncertainties over full power licensing that may result from FEMA's expressed position on contentions are, by their nature, uncertainties over the outcome of the full power litigation.
As set forth above, FEMA's views are subject to rebuttal in the litigation of offsite emergency planning issues.
In addition, FEMA's views could be modified during the course of the litigation, either upon further consideration by FEMA or upon a change in circumstances such as could occur if the Applicants decide to forego j
summer operation, or if the State of New Hampshire modifies the NHRERP or takes other actions upon consideration of FEMA's expressed position.
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,, 3 CONCLUSION For the reasons set forth above, the additional information provided by the movants' Supplement does not warrant a stay of the Licensing
- Board's Partial Initial Decision.
Respectfully submitted, i
Sherwin E. Turk Senior Supervisory Trial Attorney
- Dated at Bethesda, Maryland this 29th day of June,1987 i
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UNITED STATES OF AMERICA 87 JUN 30 P12:00 NUCLEAR REGULATORY COMMISSION 6Fi BEFORE THE COMMISSION M -(
In the Matter of
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Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF
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50-444 OL-01 NEW HAMPSHIRE, et al.
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On-site Emergency Planning
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and Safety issues (Seabrook Station, Units 1 and 2
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CERTIFICATE OF SERVICE I
hereby certify that copies of "NRC STAFF'S RESPONSE TO JOINT MOTION FOR LEAVE TO FILE A SUPPLEMENT TO MOTIONS FOR STAY OF 1
PARTIAL INITI AL DECISION FILED BY SAPL, TOWN OF HAMPTON, AND ATTORNEY GENERAL SHANNON" 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 Regulatory Commission's internal mall system, this 29th day of June, 1987 Sheldon J. Wolfe, Esq., Chairman
- Dr. Emmeth A. Luebke*
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Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 j
Dr. Jerry Harbour
- Ms. Carol Sneider, Esq.
Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General i
U.S. Nuclear Regulatory Commission One Ashburton Place,19th Floor Washington, DC 20555 Boston, MA 02108 Beverly Hollingworth Richard A. Hampe, Esq.
i 209 Winnacunnet Road New Hampshire Civil Defense Agency Hampton, NH 03842 107 Pleasant Street Concord, NH 03301 Sandra Gavutis, Chairman Calvin A. Canney, City Manager Board of Selectmen City Ha!!
RFD 1 Box 1154 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801
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- Stephen' E. Merrill Paul McEachern, Esq.
- l Attorney General Matthew T. Brock, Esq.
George ' Dana Bisbee Shaines & McEachern Assistant Attorney General
' 25 Maplewood Avenue Office of the Attorney General P.O. Box 360 25 Capitol Street Portsmouth, NH 03801 Concord, NH 03301 Roberta C. Pevear Angie Machiros, Chairman State Representative
- Board of Selectmen Town of Hampton Falls i
25 High Road Drinkwater Road Newbury, MA 09150 Hampton Falls, NH 03844 Allen Lampert Mr. Robert J. Harrison Civil Defense Director President and Chief Executive Officer j
Town of Brentwood Pubile Service Co. of New Hampshire 20 Franklin Street P.O. Box 330 Exeter, NH 03833 Manchester, NH 03105 l
Charles P. Graham, Esq.
Robert A. Backus, Esq.
McKay, Murphy and Graham Backus, Meyer S Solomon 100 Main Street 116 Lowell Street Amesbury, MA 01913 Manche. ster, NH 03106 Diane Curran, Esq.
Philip Ahren, Esq.
Harmon & Weiss Assistant Attorney General 2001 S Street, NW Office of the Attorney General Suite 430 State House Station #6 Washington, DC 20009 Augusta, ME 04333 Edward A.. Thomas Thomas G. Dignan Jr., Esq.
Federal Emergency Management Agency Ropes S Gray 442 J.W. McCormack (POCli) 225 Franklin Street Boston, MA 02109 Boston, MA 02110 H.J. Flynn, Esq.
William Armstrong Assistant General Counsel Civil Defense Director Federal Emergency Management Agency Town of Exeter 500 C Street, SW 10 Front Street Washington, DC 20472 Exeter, NH 03833 Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel
- Board
- U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 D
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3 Docketing and Service Sectlo'n*
Jane' Doughty Office of the Secretary
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q Seacoast Anti-Pollution League 5 Market Street U.S. Nuclear Regulatory Commission
' Portsmouth, NH 03801 Washington, DC 20555 Maynard L. Young, Chairman William S. Lord Board of Selectmen Board of Selectmen 10 Central Road Town Hall - Friend Street South Hampton, NH 03287 Amesbury, MA 01913
. Michael Santosuosso, Chairman Peter J. Matthews, Mayor Ecard of Selectmen City Hall South Hampton, NH 03287 Newburyport, MN 09150 Mr. Robert Carrigg, Chairman Judith H. Mizner, Esq.
Board of Selectmen Silverglate, Gertner, Baker Town Office Fine and Good Atlantic Avenue 88 Broad Street North Hampton, NH 03862 Boston, MA 02110 R. ' K. Gad Ill,' Esq.
Mrs. Anne E. ' Goodman, Chairman Ropes & Gray Board of Selectmen 225 Franklin Street _
13-15 Newmarket Road Boston, MN 02110 Durham, NH 03824 Gary W. Holmes, Esq.
Holmes & Ellis 47 Winnacunnet~ Road Hampton, NH 03842 Sherwin E. Turk Senior Supervisory Trial Attorney i
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