ML20235R922
| ML20235R922 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/01/1987 |
| From: | Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#487-4554 OL, NUDOCS 8710080233 | |
| Download: ML20235R922 (6) | |
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DSLKETED f
ustmc UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'87 (ET -5 P3 :22-before the i
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,, h-ATOMIC SAFETY AND LICENSING APPEAL BOARD M,Nt q In the Matter of
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Docket No. 50-443-OL 4/ c/ y._ OC
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j PUBLIC SERVICE COMPANY OF
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(Offsite Emergency Planning-1 NEW HAMPSHIRE, et al
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(Seabrook Station, Unit 1) )
SEACOAST ANTI-POLLUTION LEAGUE'S MEMORANDUM REGARDING TEST OF EAST KINGSTON SIRENS This~ memorandum will respond to the Appeal Board's September 17 Order that each of the parties, concerned with the issues of siren operability, shall " file a memorandum, on or before October 5, 1987, detailing its position on the matters on which agreement has not been achieved."
SAPL first of all states its basic position that the matters l
in dispute between the parties are not such as can be resolved by correspondence between counsel, or the-filing of memorandum with the Appeal Board. It has become apparent that the issues between i
the parties here involve basic factual matters, critical to authorization for nuclear licensing, as to which a remand to the Licensing Board is necessary.
As the Appeal Board is aware, the issue of a notication system sufficient to meet the design objectives of NUREG 0654 is not a matter that can deferred until an Applicant proposes to go ok Nb f
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Rather, the issue.of a competent a.1d acceptable notification system must be resolved favorably to the Applicants prior to any nuclear power plant operation.
The Commission has determined that the means to notify the population within the plume exposure' pathway EPZ must be in place prior to 4
low power operation.
45 Fed. Rec. FR 30232, 30234 (July 13, 1
1982).
See Southern California Edison Company. (San Onofre Nuclear Generating Station, Units 2 and 3), LPB-82-3, 15 NRC 61, l
191-195 (1982).
Y' The Sirens To Be Tested The Applicants, and the Staff, insist that because the East L
Kingston sirens are the ones that failed to meet the requirements in a test, it is only the East Kingston sirens that need to be retested.
However, it is SAPL's understanding that the East i
Kingston sirens are the only sirens to have been tested, and since these sirens did not pass the' test, there can be no basis for believing that other sirens in the EPZ are adequate and therefore it is essential that a te'st of all sirens be conducted prior to a
' determination that a compliant and notification system is in place l
I within the New Hampshire portion of the EPZ.
'SAPL notes that the claimed "fix" was said to be made to all sirens, not only those in East Kingston.
Public Addreds Function The public address function has been consistently touted as one of the important features of the Seabrook EPZ siren system.
Moreover, as Applicants recognize, the public address function is an important part of the evacuation plan for the beach populations.
Merely because the East Kingston sirens do not i
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happen to be located near the beach populations is,not a sufficient justification for not testing this componerat of the v
siren system.
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/' 3 Adverse Weather Coyditions t
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y The Applicants state that they cannot arrange a test of the
- sirens with an anticipation of adverse weather conditEons, because inadequate time to notify appropriate personnel is provided.
j SAPL had suggested that long-range weathet foreca p te used
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in an attempt to test the sitens at a time,when adverae Winter
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TheApplicantsresddngifthat "Five or six days time is not suffi.cient notice" to inform the public.
No support for this statement is offered, and it is not apparent why five or six days notice is'n'ot sufficie k.
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The Applicants go on to suggest that GAPL; der.pded that the i
I exact weather conditions of the January 1987 tdst be repTicated,
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which is not what SAPL suggested.
SAPL rJerely suggestef3 that the
,I test be arranged, to the maximum extent practical, to insure S at l
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the sirens can operate during adverse weather. conditions in the i
1 winter time.
This surely is not beyond the capability of the Appijcants.
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Finally, SAPL would join in and incorporate as a part of its
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response, the letter f rom the conoonwealth, of Massachusetts 5 of I
l September 22.
The problems in the test. Bocedure, identitledi by the Mass. AG, depended upon an expert ' evaluation of these test j
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SAPL lacked expert assistance in responding to this j
matter, but it is apparent from what'theiltttorney General's '
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n'arter of arear that are critically important to knowing whether b
<f the test results will.be at all meaningful.
SAPL concurs in the
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I"/ AG's ? position that if 'a test is to be held, there needs to be objsdt ve measures for the adequacy of the observers to judge tho y
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audisil'ity of the sirens.
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Conclusion For the fcKegoing reasons, SAPL respectfully states that the i
matter of the acceptab lity of the Seabrook EPZ notification I
d sya, tem, for New Hampshire communities, is a matter that cannot prcper.ty.be resolved-by correspondence and discussions between
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counsel, and that.the appropriate course would be for the Appeal Board to direct the ASLB to admit the late filed contention.
Respectfully submitted, Seacoast Anti-Pollution League i
@2. 1,ts Attorney Dated: October 1,1987 enobeft A. Backus
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'll'6 Lowell Street 1
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s CERTIFICATE OF SERVICE I hereby certify that a copy of.the above and foregoing " Seacoast Anti-Pollution League's Memorandum Regarding Test of East Kingston Sirens" was sent this date to all names on the attached service
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Robert A. Backus 3%
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CERTIFICATE OF SERVICE AND SERVICE LIST l
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Thomas Dignan, Esq.*
Joseph Flynn Asst.Gn.Cnsl.
Fed. Emerg. higmt. Agcy.
Ivan Smith Ropes & Gray 500 C.St. So. West Atomic Safety & Lic Brd.
225 Franklin St.
Washington, DC 20472 USNRC Boston, MA 02110 Washington, DC 20555 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 Washington, DC 20555 Shenvin E. Turk, Esq.
- Dr. Gustave A. Linenberger
- Jane Doughty Office of Exec. Legl. Dr.
Admin Judge SAPL USNRC Atomic Safety & L1c. Brd.
5 Market Street Washington, D.C.
20555 USNRC Portsmouth, NH 03801 Washington, DC 20555 Phillip Ahrens, Esq.
Paul McEachern, Esq.
George Dana Bisbee, Esq.
Asst. Atty. General Matthew Brock, Esq.
Attorney General's OFF.
State House, Sta. 76 25 Maplewood Ave.
State of New Hampshire Augusta, ME 04333 P.O. Box 360 Concord, NH 03301 Portsmouth, NH 03801 Carol Sneider, Esq., Asst.AG Diane Curran, Esq.
William S. Lord One Ashburton Place, Harmon, Weiss Board of Selectnen 19th Floor 20001 S Street NW Suite 430 Town Hall-Friend St.
Boston, MA 02108 Washington, DC 20009 Anesbury, MA 01913 Richard A. Haripe, Esq.
Maynard Young, Chairman Sandra Gavutis New Hampshire Civil Defense Board of Selectmen Town of Kensington Agency 10 Central Pcad Box 1154 Hampe & McNicholas Rye, NH 03870 East Kingston, N.H.
03827 35 Pleasant St.
Concord, NH 03301 Edward Thomas Mr. Robert Harrison Judith H. Mizner, Esq.
FBIA Pres. & Chief Exec. Officer Silverglate, Gertner, Baker, Fine, Good & Mizner 442 J.W. McCormack (KCH)
PSCO 88 Broad Street Boston, MA 02109 P.O. Box 330 Manchester, NH 03105 Boston, m 02110 Roberta Pevear State Rep.-Town of Ha. pt Falls Drinkwater Road Hanpton Falls, NH 03844 Atomic Safety and Licensing Board Panel U.S. NRC Washington, D.C.
20555
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