ML20235T431
| ML20235T431 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/06/1987 |
| From: | Berry G NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#487-4562 ALAB-875, OL-1, NUDOCS 8710130086 | |
| Download: ML20235T431 (9) | |
Text
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C/f[1 10/06/87
- %@yD UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION
- 87 OCT -7 Pl2:01 BEFORE THE ATOMIC SAFETY AND LICENSING BOA @ME'Qll)'['[
PRANCH 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, g al.
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On-site Emergency Planning
)
and Safety issues (Seabrook Station, Units 1 and 2)
)
NRC STAFF RESPONSE TO APPEAL BOARD ORDER OF JULY 30, 1987 REGARDING MERRIMAC SIRENS INTRODUCTION in an unpublished Memorandum and Order issued July 30, 1987, the Appeal Board directed Applicants to submit to it and the parties the results of summer daytime ambient background sound level measurements which were scheduled to be taken by Applicants in
- Merrimac, Massachusetts during August 1987.
Memorandum and Order at 3-4 (July 30, 1987) (unpublished).
The Appeal Board stated that within fifteen days of Applicants' submission of these results, the NRC Staff was to
" file comments with us addressed to the acceptability of the methodology employed and the results reached."
M.
The background sound level measurements referred to by the Appeal Board were taken on August 19-20, 1987, and Applicants submitted their report to the Appeal Doard and the parties on September 17, 1987.
See Letter to Appeal Board from Thomas G. Dignan (September 17, 1987) (herinafter " September 17, 1987 Letter").
In this response, the Staff comments on Applicants' report.
As explained below and based upon a review of Applicants' report, "the methodology employed and the results reached" by Applicants in kR K
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L measuring the daytime summer ambient background sound levels of the affected areas of Merrimac appear to conform to the requirements set forth in FEMA REP-10.
BACKGROUND
.The summer daytime ambient background sound level measurements reported by Appilcants were taken to resolve a dispute between the parties as to whether the sound pressure levels of the emergency alert s ens situated in Merrimac, Massachusetts exceed the summer daytime ambient background sound levels of the areas intended to be covered by the sirens by at least 10 decibels (dB) as required by FEMA Rep.10.
See Pubile Service Company of New Hamphsire (Seabrook Station, Units 1 and 2), ALAB-875, 25 NPC slip op. at 44 (October 1,
1987).
According to the Appeal Board, the results of this test "may well have a j
decided bearing" on the need to reopen the record to consider the late-filed contention advanced by the Attorney General of Massachusetts that the Merrimac sirens do not comply with the requirements of O
NUREG-0654/ FEMA REP-1. M. at 45.
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The Attorney General's petition to reopen the record and admit its late-filed siren contention was rejected by the Licensing Board.
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See Memorandum and Order (Denying Mass ' Motion of March 3,
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(March 23, 1987)
(unpublished).
The Attorney General appealed the denlai of its petition.
The Appeal Board has retained jurisdiction and reserved judgment on this issue pending the results of the additional measurements which are the subject of Applicants' September 17, 1987 report.
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L'i. DISCUSSION 2_/
FEMA RE P-10 requires an-As the Staff has noted before Applicant ' to comply with NUREG-065ti/ FEMA REP-1 by showing that the expected sound pressure level of each of its emergency alert sirens exceed: (1) 60 dB (70 dB in areas where population density exceeds 2,000 persons per square mile) or (11) the summer daytime ambient background sound level by 10 dB. See FEMA REP-10 at E-8 (November 1985). Where an applicant seeks to comply by virtue of the second option, FEMA REP-10 requires it to submit the following information:
A description of how the average summer daytime ambient sound pressure levels were determined, including survey locations and the rationale for their selection; Identification of actual measurements including frequency range, the time span, and location; Any assumptions used to determine the measured ambient along with rationale for those assumptions; Relationships of population density to measured ambient levels; Effects of major transportation routes; and Effects of any commercial activities in the area.
FEMA REP-10 at E-9.
The report submitted by Applicants contains the required information.
The background sound measurements were taken for Applicants by Wyle Laboratories which also prepared the report submitted by 2/
NRC Staff Response To Appeal Of L B P-87-10 By Seacoast Anti-Pollution League, New England Coalition On Nuclear Power, and
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the Commonwealth of Massachusetts at 28 (June 22,1987); NRC Staff (FOOTNOTE CONTINUED ON NEXT PAGE)
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I Applicants.
The report describes the equipment used to measure the ambient background sound levels, see Attachment to September 17, 1987 Letter at 1, and identifies the survey locations and explains the rationale for their sele: tion,
- g. at 1-2.
The report indicates that 15 minute noise level measurements were taken at cach location using the one-third octave band width (as permitted by FEMA REP-43) centered on 630 Hz, a frequency which includes the predominant siren tone of 680 Hz.
M. at 2.
The report also includes a description of the sources of noise measured at each location as well as of the locations surveyed.
M.,
Tables 1 and 2.
The Staff finds nothing unsatisfactory in the methodology used by Applicants in taking the measurements. 3,/
The results obtained from the background noise measuremetits indicate that in eight of the nine locations surveyed, the expected siren sound pressure level of 50-60 dB exceeds the summer daytime ambient background sound levels by at least 10 dB as required by FEMA REP-10.
(FOOTNOTE CONTINUED FROM PREVIOUS PAGE)
Response To Massachusetts Attorney General's Motion To Reopen Record And Reconsider Late-Filed Contention With Revised Basis at 5 (March 20,1987).
3/
A member of Staff " observed the contractor technician recording j
the ambient noise levels at one location [.]"
See inspection Report
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50-443/87-22 at 6, attached to NRC Staff Supplemental Response To Appeal Board Order Of September 17, 1987 Regarding East Kingston Sirens (October 6, 1987).
It should be noted, however, that the Staff did not (and customarily does not) Independently verify either the methodology used to conduct background noise level measurements or the results obtained.
Rather, the Staff's role with respect to emergency alert sirens is limited to determining whether the strens have been installed and are in operating condition.
The adequacy of the siren system is a determination made by FEMA during the course of its review and evaluation of an applicant's emergency preparedness plan in accordance with 44 C.F.R. Part 350.
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See Attachment to September 17, 1987 Letter at Table 1.
At the ninth location the. ambient background noise level was 41 dB.
- However, 4
1 according to Appilcants, this location is 'to be served by a stren whose sound pressure level is expected to be at least 60 dB. M.at3.
If this is true M, the expected sound pressure of the siren would exceef the I
ambient background noise level by at least 19 dB.
It should be pointed
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out, however, that.strens 'with. en expected sound pressure level in cxcess of 60 dB meet regulatory requirements without regard to 10 dB ulfferential. See FEMA REP-10 at E-8.
CONCLUSION The Staff finds nothing ' unacceptable in the ' methodology used by Applicants in measuring the summer daytime ambient background sound levels in the areas covered by the. Merrimac sirens. Assuming Applicants can justify the bleses for their estimate that the exp3cted sound level pressure of the Merrimac strens is between 50-60 dB, the measurements reported by Acpilcants indicate that the sound pressure levels of the
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The report submitted by Appilcants states without explanation thet " siren levels were estimated to be between 50 dB(C) and 60
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dB(C)."
Attachment to September 17, 1987 Letter at 1 (emphasis added).
Thus, the views expressed herein must be tempered by the fact that the Staff has no independent knowledge as to the precise sound pressure levels emitted by the Merrimac strens.
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- p Merrimac sirens exceed the summer daytime ambient background sound pressure levels by at. least 10 dB as required by FEMA REP-10.
R pectfully submitted,
(
, Gregory Ian 3erry Counsel r A !C Staff
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Dated at Bethesda, Maryland this' 6th day of October 1987 9
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W UbHRC mf UNITED STATES OF AMERICA I
W DCT -7 Pl2:01 t
NUCLEAR REGULATORY COMMISSION i
BEFORE THE ATOLAIC, SACETY AND LICENSING APPE Nik ensnu n,
in the Matter of "g
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Docket Nos. 50-443 OL-01
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PUBLIC SERVICE C0MPANY OF
)
50-444 OL-01 NEW HAMPSHIRE, et al.
)
On-site Emergency Planning
)
and Safety issues
~~
(Seabrook Station, Units 1 'and 2)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO APPEAL.
BOARD ORDER OF: JULY 30, 1987 REGARDING MERRIMAC SIRENS" in the above-captioned proceeding have, been served on the following by deposit in the Unitsel States mall, first class or, as indicated by an
- asterisk, by deposit in the Nuclear Regulatory Commission's internal mall system, this 6th Oay of October 1987.
Alan S. ' Rosenthal, Esq., Chairman.*
Dr. Emmeth A. Luebke*
Administrative Judge AdmirJstrative Judge Atomic Safety and Licensing Ocard Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washingtor,
20555 Washington, DC 20555 Dr. Jerry Harbour
- Ms. Carol Sneider, Esq.
Administrative Judge Assistant Attorney General Atomic Fafety and Licensing Board Office of' the Attorney General U.S. Nuclear Regulatory Commission One Ashburton Place,19th Floor I
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 t RFD 1 Box 1154 126 Daniel Street Kedsington, NH 03827 Portsmouth, NH 03801 Stephen E. Merrill Paul McEachern, Esq.
7
~ Attorney General Matthew T. Brock, Esq.
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[ George Dana Bisbee Shaines & McEachern 1 Assistant Attorney General
'25 Maplewood Avenue Office of the Attorney General.
P.O. Box 360 125 Capitol Street Portsmouth, NH 03801 Concord, NH 03301 Roberta C. Pevear
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' Angle Machiros, Chairman State Representative Board of Selectmen Town of Hampton Falls 25 - High' Road Drinkwater Road Newbury. MA ' 09150 Hampton Falls, NH 03844
~
Mr. Robert J. Harrison
- Allen Lampert President and Chief Executive Officer Civil Defense Director
-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.
Har. mon & 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 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 Jane Doughty Docketing and Service Section*
Seacoast Anti-Pollution League Office of the Secretary 5 Market Street U.S. Nuclear Regulatory Commission Portsmouth, NH 03201 Washington, DC 20555 Maynard L. Young, Chairman William S. Lord Board of Selectmen Board of Selectmen
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[o 10 Central Road Town Hall - Friend Street i
South Hampton, NH 03287 Amesbury, MA 01913 Michael Santosuosso, Chairman Peter J. Matthews, Mayor
. Board of Selectmen City Hall South Hampton, NH 03267
- Newburyport, MN 09150 l
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 lil, 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
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Gregory l\\lan perry Counselpr NGC Staff
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