ML20235H666
| ML20235H666 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/25/1987 |
| From: | Reis E NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| References | |
| CON-#487-4495 OL, NUDOCS 8710010133 | |
| Download: ML20235H666 (7) | |
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09/25/87 4
SgTED o-UNITED STATES OF AMERICA i-I NUCLEAR REGULATORY COMMISSION.'87 SEP 29 Pl2 :26.
BEFORE THE ATOMIC SAFETY AND LICENSING APP @$dAEdj[yY[f MANui in the Matter of
)
)
Docket Nos'. 50-443 OL PUBLIC SERVICE COMPANY OF
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50-444 OL l'
NEW-HAMPSHIRE, et al.
)
Off-site Emergency Planning
)
(Seabrook Station, Units 1 and 2)
)
NRC STAFF'S RESPONSE TO APPEAL BOARD ORDER OF SEPTEMBER 17, 1987 By order of September 17,1987, this Appeal Board directed each of 1
the interested parties to file a memorandum by October 5,1987, " detailing its position on matters on which agreement had not been achieved", with respect to the testing of emergency strens this winter in New Hampshire.
These areas ' of disagreement were outlined in a September 11, 1967 letter of the NRC, which was sent pursuant to a directive contained in an Appeal Board Memorandum and Order of Jt!!y 30, 1987.
The NRC Staff details herein its position on each of these matters.
1.
The first issue is whether the Appeal Board Memorandum and Order of July 30, 1987, which called for a winter test of Seabrook emergene',* diens contemplated a test of all sirens in the New Hampshire portion of the Emergency Evacuation Zone for Seabrook or only those in East Kingston, N.H.
The Appeal Board only referred to a test of the East Kingston sirens.
The portion of the memorandum and order which dealt with a test of sirens this coming winter starts off with the sentence, " Turning to the East Kingston sirens, the disputt as to their adequacy arose from the conduct of a test last January.
At 4.
The 8710010133 870925 FDR ADOCK 05000443 h
0 PDR
Y ;
1 Board then continued to discuss the test of those sirens last winter.
Thus, when the Board stated that, "the most sensible course is to conduct another test during the coming winter," It was calling for "another test" of the East Kingston sirens.
Further, as the Staff has pointed out at pp. 20-21 of its brief submitted upon this appeal, the Seacoast Anti-Pollution League's motion to rNopen the record which formed the predicate for this issue only dealt with a test of sirens in East Kingston and would not have been sufficient to raise an issue concerning the adequacy of strens over a broader area.
Consequently, the Appeal Board's call for another test is only relevant to the East Kingston sirens.
2.
The second area of disagreement concerns whether a test of the l
public address function of the sirens, as well as the tone alert function i
l of the sirens, is necessary under the Memorandum and Order of July 30, I
Only the tone alert function of the sirens requires a test.
The East Kingston sirens are only relied upon in the case of an emergency at Seabrook to broadcast a tone alert to the public.
See Seabrook FSAR, Radiological Emergency Plan, Appendix E, p.
E-2.
Upon hearing this tone the public is to turn on their radios for additional information.
Id.
Thus, there is no reason to test the public address function of the sirens i
here involved.
Further, the only strens that might be used to convey voice messages to the public in the event of an emergency are those that serve the beach population.
Id.
Pursuant to the Appeal Board Memorandum and Order of July 30, 1987, agreement was to be sought on testing the j
sirens during winter weather conditions.
During winter conditions there
is no substantial beach population, and the ability of the sirens to transmit voice messages to beach populations at that time is not material to the winter weather issue.
3.
The final area of disagreement concerns the scheduling of the siren test.
The relevant part of the Appeal Board's Memorandum and Order of July 30, 1987, dealt with a purported failure of the sirens after a
period of
" heavy snow, driving wind and subsequently falling temperatures."
At 4.
The Board called for the parties to attempt to agree upon " appropriate climatic conditions" for the conduct of another test of the sirens this coming winter.
At 5.
The setting of such a test has proved to be difficult.
It appears a test must be scheduled in advance.
The public must be warned that the sounding of the sirens is only a test.
Arrangements must be made to have test observers.
- And, according to the applicant, coordination must be had with the local volunteer fire department which has jurisdiction over the sirens.
The weather cannot accurately be predicted so as to assume the scheduling of i
a test of the sirens during the climatic conditions that the Appeal Board apparently envisioned for the test.
The Seacoast Anti-Pollution League, recognizing this dilemma, has asked that the test be set a Monday before a winter Saturday when the weather forecast calls for inclement weathe" I
on that Saturday.
The applicant has maintained that this would not provide sufficient time to notify the public or to make arrangements for the test, and has asked that the test be set for a Saturday in the ist half of January,1988.
In view of an inability to accurately predict, some five to seven days in advance, when climatic conditions will be like those which existed
4_
during the conduct of the test this past winter, testing of the sirens on January 30, 1988 is reasonable.
This is the Saturday nearest the anniversary of the test conducted last year.
Respectfully submitted,
.M Q
Edwin J. Reis Deputy Assistant General Counsel Dated at Bethesda, Maryland this 25th day of September 1987
90CKETE0 uwt l
'87 SEP 29 Pl2:26 l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION j
BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOA In the Matter of
)
I
)
Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF
)
50-444 OL NEW HAMPSHIRE, et al.
)
Off-site Emergency Planning
)
(Seabrook Station, Units 1 and 2
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO APPEAL BOARD ORDER OF SEPTEMBER 17, 1987" 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 25th day of September,1987.
Ivan W. Smith, Chairman
- Gustave A. Linenberger, Jr.*
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 Dr. Jerry Har sour
- Ms. Carol Sneider, Esq.
Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Commission One Ashburton Place,19th Floor Washington, DC 20555 Boston, MA 02108 Beverly Hollingworth Richard A. Hampe, Esq.
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 Hall RFD 1 Box 1154 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801 l
E
.. 1 Stephen E. Merrill-Paul McEachern, Esq..
Attorney General Matthew T. Brock, Esq.
- George Dana Bisbee -
Shatnes & McEachern Assistant Attorney General 25:Maplewood Avenue Office of the Attorney General P.O. Box 360' Portsmouth, NH 03801 25 Capitol Street Concord, NH 03301 <
Roberta C. Pevear Angle Machiros, Chairman State Representative -
Board of Selectmen
-Town of Hampton Falls 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
. Town of Brentwood Public Service Co. of New Hampshire 20 Franklin Street P.O. Box 330 Exeter, NH 03833 Manchester, NH - 03105 -
Charles P. Graham, Esq.
Robert A. Backus, Esq.
McKay, Murphy and Graham Backus, Meyer & Solomon 100 Main Street 116 Lowell Street Amesbury, MA 01913 Manchester, NH 03106-Diane _ Curran, Esq.
Philip Ahren, Esq.
Harmon S 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 & Gray 442 J.W. McCormack (POCH) 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
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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 l
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' Jane Doughty Docketing and Service Section*
Seacoast Anti-Pollution League Office of the Secretary 5 Market. Street U.S. Nuclear Regulatory Commission Portsmc.uth, 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, Maycr Board 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 li t, 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.
Honorable Gordon J. Humphrey Holmes & Ellis United States Senate 47 Winnacunnet Road 531 Hart Senate Building Hampton, NH 03842 Washington, DC 20510 Edwin J. Re Deputy As tant General Counsel 1
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