ML20234F543
| ML20234F543 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/02/1987 |
| From: | Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-3945 OL, NUDOCS 8707080251 | |
| Download: ML20234F543 (7) | |
Text
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DDCKET ?! UMBER ? yg Z/hW4.-()h r c r D. B. UTIL P'A0..
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COL EETP -
Dated : July 2, - 1987 V' 4R
'87 JUL -6 P4 :12 UNITED STATES OF AMERICA h,
NUCLEAR REGULATORY COMMISSION s
before the ATCMIC SAFE'lY AND LICENSING EOARD In the f~atter of
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Decl< e t No. 50.'13-CL.
PUEL3C SEFV:CE CCMPANY CF
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NW PAME SEIPE, et al
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Of f-site En:ergenc} Planning
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Issues (Seabrook Station Unit 1)
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SEACCAST ANTI-POLLUTION LFAGUE'S RESPONSE TO APPLICANT'S FOT3 C' TOB_EN9M. P.3 FF9FI2JIDP. DF_FAPL.LOMTMJ.cy. F.c,. lf Pursuert to 10 CFR S2.749, on the besis of f acts set forth in i
the Af fidavit of Albert E. Luloff filed heretofore in this proceedin5 1/ and for the reasons stated below, SAPL hereby moves this Board to enter an order denying summary disposition of SAPL'
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Contention No.18.
REASONS FOR DENYING APPLICANTS ' MOTION
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SAPL Contention NO. 18 reads.
i The NEEERP Rev. 2 significantly miscalculates the nunbers of I
nco-Feto owning popu]ation for the 17 New Ean:pshire local connurities.
Mo buses are provided in the plans fcr the 3rdJtictilo Ubo Lire Det ecccuntec for due to these ofsce:cu]ations.
Therefore, these plans. fail to teet the r requirements of 10 CFR S 50 47 (a) (1), S 50. 47 (b) ( 8), SUREG-0654 II.J.1 C.g and NUREG-0654 Append ix 4, p.
4-3.
1/ See " Seacoast Anti-Pollution League 's Response to Applicants '
Motion for Summary Disposition of SAPL Contention No.15" dated April 15,1987.
kDj pgOcn05009443 2 51 syoyop G
E' 4
. Affidavit of Richard H. Strome states that the nunber of l
" Residents Needing Transportation" in Section IV of each town RERP is based, not on an assumption of a specific percentage of the population without cars, but obtained directly from the NBCDA Special Needs Survey.
Further the Strome Affidavit states that the allotnent of transportation resources. does not consider the phenomenon of " ride sharing. "
Eowever,Section IV of the FEMA /RAC review transmitted by Decenber 12,1906 3 etter of Edward Thorceo, states as fcnows:
In Section 11, KLD has significant3 y revised its es timates of the rerber of persons in the EPZ requiring transit.
Ecth the draft final report dated June 2,1986 and the revision 2 report start. off with a base of 4291 persons requiring trensit as determined f rom KLD 's telephone survey.
In the j
draft final report, KLD increased this nunber by EC!
...to i
cone er sate for the uncertainty attendant tre staa11 sample j
sizes fr each community associated with the estimates for tr an s i t-d epend en t. " (This quote is from KLD 's " Response to the Preliminary Review of the Seabrook ETE Progress Report:
No. 7 ")
In the Revsion 2 report, KLD first increases base-line estimates to provide a 10% confidence level that the estimates will not actually be exceeded and then decreases there :ater estinctes by 50% because KLD now assures that 50% of the people without cars will leave the EP5 by ride si'ar f rg,
The resu3t is ibtt in tbe diaft final report, KLD estirated that 6436 pecple would need transit and 192 buses wou]d be required while in Eevision 2, KLD estirates that 3733 people will need transit and thus only 150 buses will be required. (The roetbod for determining bus requiren.ents based en total population also varies between the reports.)
As indicated above, this is a significant change.
The assumptions on the percentage of persons that will ride share should be supported by documentation on the essurr-tions used, such as the Mississauga experience.
The FEMA /RAC review, therefore, indicates that the number of persons in the EPZ requiring transit is based on the KLD telephone survey, not the NHCDA Special Needs Survey, and that KLD now
I
- assumes that 50% of people without cars will leave the EPZ by ride i
sharing.
There is clearly a disagreement between what is stated I
l in the Stror.e Af fidavit and what is stated in the FEMA /?AC Review. 2/
l 1
The Af fidavit of Albert E. Luloff states that very little l
confidence srcu]d be p]t.ced in 1-!+ eccurecy of pcpu3aticn figures
..a t
l in Volute C cf the FEFEFF pertaining to the size of the special needs crd cther tr ansit dependent 00puJ ation gr oups ( Af f ic'av i t at j
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- 2).
The telephone survey by First !?arket Rescerch of Ecston 1
r e3 ied cr. ir the KLD Feport is seriously flzved in that to apparent efforts at call backs were mode, leaving the I tential for rtercrie bias to be generated. (Affi6avit et 12-13
- Further, the EECE7 survey suffered from extremely low response IEtes (in Eenptcr crl; 20 responded).
(Affidavit at 13).
Early indications based on Mr. Luloff's research are that the size of special needs and transit dependent populations within the EPZ could be twice as large as that found by NHCDA in its survey (Affidavit at 14).
Volume 6 of NHRERP relies upon numbers first developed by Kaltman l
I and published in 1981 to provide the core information f or j
identifying special needs populations, despite the f act that the Kaltman nu bers are 6 yer.rs old.
This suggests that E tajor l
u rc er e cu n ' c f needed t r a r spor i i. tion r esou r ces has occu r r ed.
Such i
gaps in the extant data cal 3 into question Item 7 of the Strome Af ficevit cn this contention that transpcrtaticn rescurces exceed i
the cape. city required. (Affidavit et 2 6).
3/
See also the June 4,1987 "Pesponse of the Federal Emergency
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Icer:cy to I er sic!*t ette Attorney General Ja es M.
I':t r.eg eri e r t Shanner 's Cf f-Site Fmergency Preparedness Interrogatories and Eequest fcr Froduction of Documents to FEMA (Set No. 2), Appendix A at 17-l E).
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Further, the RAC has also raised questions about the adequacy of transportation for transients. 3/
I J
i Il i
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3/
Id.
a t p. 12
- GENUINE ISSUES CF VATERI AL FACT IN DISPUTE (SAPL 18) 1.
The FEMA /RAC review transmitted by letter of Edward A.
Thomas of December 12, 1986, indicates that the number of persons in the EPZ requiring transit is based on the KLD telephone survey.
The Strome Af fidavit claims that this number is based cr the EECDA Special Feeds Survey.
2.
TFe FEMA /RAC review cited abcVe states thEt EED ncw assumes 50% of people witbout vebjeles wi)) ride sbere.
The Strome Affidsvit states that allotnent of transportation resources does not ccr sider the phenonenon of ride sharing.
3.
The accuracy of population figures in Volume 6 cf the NEEEFI fc: sFciel needs Er.d otbrt tronvit dependent grcups is questionthle.
The te]epbore survey by First Market Research of Ecstcr, Ie: ? ed on the KLD report, is seriously flawed by a potentiel fcr response bias.
The EECDA Special Needs Survey is i
I flawed due to extremely low response rates.
4.
The numbers relied upon for identifying special needs i
populations in Volume 6 of the NHRERP are 6 years old and gaps in the extant data suggest that a major undercount has occurred.
There is therefore no sound basis to the state's claim that transportation resources exceed capacity required.
5.
Tre adequecy of transportation resources for beach area transients without their own neans of tr anspor t has not teen d en op s t r F t ed.
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I Respectfully submitted,
Seacoast Anti-Pollution League By Its Attorney q
EACKUS, METER & SOLOMON I
[7f.
l Dated July 2,1987 A
4d6ert A. Backus I
116 Lowell Street Manchester, NH 03105 603--668-7272 CERTIFICATE OF SERVICE I hereby certify that a copy of the within " Seacoast Anti-Pollution League 's Motion for Summary Disposition of SAFL -
Contention Ko.18" has been sent 'this date, first class rail, postage prepaid, to those listed in the attached service list, snd bee beer f edero3 cypressed to ilicse indicet ed by e i esterisk.
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E6b(rt A. Backus l
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CERTIFICATE OF SERVICE AND SERVICE LIST y
Y t
Thomas Dignan, Esq.*
Joseph Flynn, Asst.Gn.Cnsl.
Helen Hoyt. Chm.
Rope 587& Stra76 P4 '.12 i
Fed. Emerg. Mgmt. Agcy.
Admn. Judge Atomic Safety & Lic Brd.
225 Franklin St.
500 C.St. So. W'est Boston,.MA 02110 washington, DC 20472 USNRC Washington, DC 20555 kg 4,
Office of Selectmen Dr. Jerry Harbour Docketing & Serv. Sec.
Town of Hampton Falls Admin. Judge Office of the Secretary Hampton Falls, NH 03844 Atomic Safety & Lic Brd.
USNRC USNRC Washington, DC 20555
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Washin,;;on, DC 20555 Shenvin E. Turk, Esq. #
Jane Doughty Dr. Gustave A. Linenberger
- SAPL Office of Exec. Legl. Dr.
Admin Judge USNRC Atomic Safety & Lic. Brd.
5 Market Street Portsmouth, NH 03801 Washington, D.C.
20555 USNRC Washington, DC 20555 Phillip Ahrens, Esq.
Paul McEachern, Esq.
George Dana Bisbee, Esq.
Attorney General's OFF Asst. Atty. General Matthew Brock, Esq.
State of New Hampshire St ate House, Sta. 76 25 Maplewood Ave.
Augusta, ME 04333 P.O. Box 360 Concord, NH 03301 Portscouth, NH 03801 i
Carol Sneider, Esq., Asst.AG Diane Curran, Esq.
William S. Iord One Ashburton Place, Harmon, Weiss Board of Selectnen 19th Floor 20001 S Street NW Suite 430 Town Hall-Friend St.
Boston, MA 02108 Washingcon, DC 20009 A"esbury, MA 01913 Richard A. Hacpe. Esq.
Maynard Young, Chairman Sandra Gavutis Board of Selectmen Town of Kensington New Hampshire Civil De2ense 10 Central Road Box 1154 Agency Hampe & McNicholas Rye, NH 03870 East Kingston, N.H.
038.
35 Ple:sant St.
Conecrd, NH 03301 Edward Thomas Mr. Robert Harrison Judith H. Mizner, Esc.
Pres, & Chief Exec. Office!
Silverglate, Gertner,'
FEMA 442 J.W. McCon:nck (POCH)
PSCO Baker, Fine, Good & Blizner Boston, MA 02109 P.O. Box 330 88 Broad Street Manchester, NH 03105 Boston, MA 02110 Roberta Pevear State Rep.-Town of Harpt Fal'1s Drinkwater Road Harpton Falls, NH 03844
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