ML20245J499
| ML20245J499 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/28/1989 |
| From: | Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#289-8540 OL, NUDOCS 8905040146 | |
| Download: ML20245J499 (6) | |
Text
,88h T h.[ 4/28/89 1
UNITED STATES OF AMERICA 89 sy -1 P4 :29 NUCLEAR REGULATORY COMMISSION
.r:..
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l ? j.
In the Matter of-
)
Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF 50-444 OL NEW HAMPSHIRE, g a_1.
Off-site Emergency Planning (Seabrook Station, Units 1 and 2)
NRC STAFF'S PRE-TRIAL BRIEF ON INTERVENERS' EXERCISE CONTENTIONS Introduction This trial brief summarizes the NRC Staff's position and testimony
.with respect to contentions concerning the Seabrook Station emergency preparedness exercise ("Seabrook Exercise") held on June 28-29,1988.1/
I.
NRC Staff's Position on Admitted Exercise Contentions Based on a Memorandum of Understanding between the Federal Emergency l
Management Agency (FEMA) and the NRC, 50 FR 15485 (April 18, 1985), the Staff generally defers to FEMA's judgment as to the adequacy of offsite emergency planning and preparedness for the Seabrook Station emergency planning zone. The Staff does not take any position on exercise issues that is different from the position taken by FEMA.
In this regard, the l
l 1/
The Staff has previously submitted a trial brief with respect to
~
contentions on the Seabrook Plan for Massachusetts Communities (SPMC). See "NRC Staff's Pre-Trial Brief on Contentions Concerning the Seabrook Plan for Massachusetts Comunities (SPMC)" ("SPMC Pre-Trial Brief"), dated March 7, 1989.
8905040146 890428 DR ADOCK 0500 3
J.607
Staff accepts and relies upon FEMA's Seabrook Exercise Report dated 4
September 1, 1988.
In that report, FEMA identified no " Deficiencies",
although it did identify a number of " Areas of Required Corrective Action." E Based upon the adequacy of emergency planning and preparedness demonstrated during the exercise and FEMA's review and evaluation thereof (as well as the overall.3dequacy of onsite and offsite emergency plans and preparedness, reviewed by FEMA and the Staff with respect to other issues), pursuant to 10 C.F.R. 9 50.47(a) there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency at Seabrook Station.
II. NRC Staff Testimony In accordance with the discussion set forth above, the Staff does not intend to present testimony on offsite emergency preparedness issues.
However, one of the admitted contentions, MAG Ex Contention 19, addresses the adequacy of the protective action recommendations (PARS) generated during the Exercise by the Applicants' "onsite" Emergency Response Organization (ERO), and as such falls within the Staff's review responsi-bilities. With respect to this contention, the Staff intends to present the testimony of Edwin F. Fox, Jr. and Dr. Robert J. Bores.
Based on l
their observations during the Exercise, their knowledge of the Exercise scenario and expected responses, the input of other Exercise evaluators.
l and their own expertise in this area, these individuals will testify that 2_/
" Pretrial Brief of the Federal Emergency Management Agency on tne l
June 28-29, 1988 Seabrook Exercise," dated April 17, 1989, at 2.
l
the protective action recommendations generated by the ERO during the l
Exercise were timely and appropriate.
III. Resources Available to the Commonwealth of Massachusetts The Staff previously stated, in its pretrial brief on SPMC issues, as follows:
The Staff does not presently anticipate introducing evidence as to the resources available to the Common-wealth of Massachusetts in the event of a radiological emergency, in light of certain voluntary statements made by the Massachusetts Attorney General (Mass AG) and prior rulings of the Licensing Board. Nonetheless, the Staff may determine to introduce certain information in this regard provided by the Mass AG in response to discovery requests, should this prove to be necessary and appropriate.
(SPMC Pre-Trial Brief, at 2-3).
In accordance with this statement, the Staff may determine during the course of the upcoming hearings to introduce evidence produced by the Mass AG during discovery, concerning the Commonwealth's resources to implement a response in the event of a radiological emergency at Seabrook Station.
Respectfully submitted, L C&
Sherwin E. Turk Senior Supervisory Trial Attorney Dated at Rockville, Maryland this 28th day of April,1989 l
- ,i.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'89 MAY -1 P4 :29 l
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
D$clet!Nos.50-443OL 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 PRE-TRIAL BRIEF ON INTERVENERS' EXERCISE CONTENTIONS" and "NRC STAFF TESTIMONY OF EDWIN F.
FOX, JR. AND DR. ROBERT J. BORES CONCERNING MAG EXERCISE CONTENTION 19 (PARS)"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 mail system, or as indicated by double asterisks, by express mail, this 28th day of April 1989:
Ivan W. Smith, Chairman (2)*
Philip Ahrens, Esq.
Administrative Judge Assistant Attorney General Atomic Safety and Licensing Boaed Office of the Attorney General U.S. Nuclear Regulatory Commission State House Station Washington, DC 20555 Augusta, ME 04333 Richard F. Cole
- John Traficonte, 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 Kenneth A. McCollom**
Geoffrey Huntington, Esq.
Administrative Judge Assistant Attorney General 1107 West Knapp Street Office of the Attorney General Stillwater, OK 7407S 25 Capitol Street Concord, NH 03301 Thomas G. Dignan, Jr., Esq.**
Robert K. Gad, III, Esq.
Diane Curran, Esq.**
Ropes & Gray Harmon, Curran & Tousley One International Place 2001 S Street, NW Boston, MA 02110-2624 Suite 430 Washington, DC 20009 Robert A. Backus, Esq.**
Backus, Meyer & Solomon 116 Lowell Street Manchester, NH 03106 1
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ - _ _ _ l H. J. Flynn, Esq.
Judith H. Mizner, Esq **
l Assistant General Counsel 79 State Street Federal Emergency Management Agency Newburyport, MA 01950 500 C' Street, S.W.
Washington, DC 20472 Robert Carrigg, Chairman Board of Selectmen Paul McEachern, Esq.**
Town Office Shaines & McEachern Atlantic Avenue j
j 25 Maplewood Avenue North Hampton, NH 03862 l
P.O. Box 360 J
Portsmouth, NH 03801 William S. Lord Board of Selectmen Charles P. Graham, Esq.
Town Hall - Friend Street McKay, Murphy & Graham Amesbury, MA 01913 100 Main Street Amesbury, MA 01913 Mrs. Anne E. Goodman, Chaiman Board of Selectmen Sandra Gavutis, Chairman 13-15 Newmarket koad l
Board of Selectmen Durham, NH 03824 1
RFD #1, Box 1154 Kensington, NH 03827 l
Kensington, NH 03827 Hon. Gordon J. Humphrey Calvin A. Canney United States Senate City Hall.
531 Hart Senate Office Building 126 Daniel Street Washington, DC 20510 Portsmouth, NH 03801 l
Richard R. Donovan **
R. Scott Hill-Whilton, Esq.**
Federal Emergency Management Lagoulis, Clark, Hill-Whilton Agency
& McGuire Federal Regional Center 79 State Street 130 228th Street S.W.
Newburyport, MA 01950 Bothell, Washington 98021-9796 Allen Lampert Peter J. Matthews, Mayor Civil Defense Director City Hall Town of Brentwood Newburyport, MA 01950 l
20 Franklin j
Exeter, NH 03833 Michael Santosuosso, Chaiman j
Board of Selectmen William Armstrong South Hampton, NH 03827 Civil Defense Director
{
Town of Exeter Ashod N. Amirian, Esq.**
10 Front Street Town Counsel for Merrimac Exeter, NH 03833 145 South Main Street i
P.O. Box 38
{
Gary W. Holmes, Esq.
Bradford, MA 01635 Holmes & Ellis j
t 47 Winnacunnet Road Barbara J. Saint Andre Esq.**
Hampton, NH 03842 Kopelman and Paige, P.C.
I 77 Franklin Street l
Boston, MA 02110 l
l
l.
Ms. Suzanne Breiseth J. P. Nadeau i
Board of Selectmen.
' Board of Selectmen 1
Town of Hampton Falls 10 Central' Street Drinkwater Road Rye, NH 03870
- Hampton Falls, NH 03844' Atomic Safety and Licensing-Robert R. Pierce, Esq.*
Board Panel (1)*
- Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel-Washington, DC 20555 U.S. Nuclear Regulatory Commission
-Washington, DC 20555 Ms. Elizabeth Weinhold 3 Godfrey Avenue o
Atomic Safety and Licensing Hampton, NH 03842 Appeal Panel (5)
U.S. Nuclear Regulatory Commission Washington, DC 20555 Docketing and Service Section*
Office of the Secretary U.S. Nuclear Regulatory Commission Washington,.DC 20555
/L /k Sherwin E. Turk Counsel for NRC Staff A
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