ML20247A977
| ML20247A977 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/19/1989 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#289-8662 ASLBP, OL, NUDOCS 8905230345 | |
| Download: ML20247A977 (139) | |
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s UNITED STATES NUCLEAR REGULATORY COMMISSION ORIG'NA'._.
1 ________________________________________________________.
ATOMIC SAFETY AND LICENSING BOARD I
I In the Matter of: ) !
, ) Docket Nos.
PUBLIC SERVICE COMPANY OF ) 50-443-OL NEW HAMPSHIRE, et al., ) 50-444-OL
) OFF-SITE EMERGENCY (SEABROOK STATION, UNITS 1 AND 2) ) PLANNING
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EVIDENTIARY HEARING Pages: 22064 through 22170 Place: Boston, Massachusetts Date: May 19, 1989
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fI HERITAGE REPORTING CORPORATION OpcialReportm
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8905230345 890519 (2@ 6M PDR ADOCK 05000443 I
PDC ____________________ _ _ _ _ _ _ _ _ _ _
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, 22064
('
UNITED STATES NUCLEAR REGULATORY COMbc SSION
-f b' ATOMIC SAFETY AND LICENSING BOARD j . In the Matter of: )
f ) Docket Nos.
PUBLIC SERVICE COMPANY OF ) 50-443-OL NEW HAMPSHIRE, et al., ) 50-444-OL
) OFF-SITE EMERGENCY
, ., (SEABROOK STATION, UNITS 1 AND 2) .) PLANNING EVIDENTIARY HEARING Friday, May, 19, 1989 l
Auditorium i Thomas P. O'Neill, Jr.
Federal Building 10 Causeway Street !
Boston, Massachusetts l
. f3 l .h The above-entitled matter came on for hearing, pursuant to notice, at 8:30 a.m.
BEFORE: JUDGE IVAN W. SMITH, CHAIRMAN Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 JUDGE KENNETH A. McCOLLOM, Member Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. ~20555 JUDGE RICHARD F. COLE, MEMBER Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 M
Heritage Reporting Corporation (202) 628-4888
22065 APPEARANCES:
1 For the Aeolicant: {
THOMAS G. DIGNAN, JR., ESQ.
GEORGE H. LEWALD, ESQ. -
KATHRYN A. SELLECK, ESQ.
JAY BRADFORD SMITH, ESQ.
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JEFFREY P. TROUT, ESQ.
GEOFFREY C. COOK, ESQ.
Ropes & Gray '
One International Place Boston, Massachusetts 02110-2624 For the NRC Staff:
SHERWIN E. TURK, ESQ.
ELAINE I. CHAN, ESQ.
EDWIN J. REIS, ESQ.
RICHARD BACHMANN, ESQ.
Office of General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 For the Federal Emercency Manacement Acencv:
H. JOSEPH FLYNN, ESQ.
LINDA HUBER McPHETERS, ESQ.
Federal Emergency Management Agency 500 C Street,' S.W.
Whshington, D.C. 20472 For the' Commonwealth of Massachusetts:
JAMES M. SHANEON, ATTY. GEN.
JOHN C. TRAFICONTE, ASST. ATTY. GEN.
l ALLAN R. FIERCE, ASST. ATTY. GEN.
l PAMELA TALBOT, ASST. ATTY. GEN. ,
MATTHEW BROCK, ESO.
LESLIE B. GREER, ESQ.
Commonwealth of Massachusetts ,
One Ashburton Place, 19th Floor Boston, Massachusetts 02108
,, Heritage Reporting Corporation O' (202) 628-4888
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22066 D APPEARANCES: (Continued)-
For the State of New Hmmnshire:
GEOFFREY M. HUNTINGTON, ASST. ATTY. GEN.
. State of New Hampshire 25 Capitol Street Concord, New Hampshire 03301 For the Seacoast Anti-Pollution Leacue:
H ROBERT A. BACKUS, ESQ.
Backus, Meyer & Solomon 116 Lowell Street P.O. Box 516-Manchester, New Hampshire 03105 JANE DOUGHTY, Director Seacoast Anti-Pollution. League 5 Market Street Portsmouth, New Hampshire 03801 For the Town of Amesburv:
BARBARA.J. SAINT ANDRE, ESQ.
O Kopelman and Paige, P.C.
77 Franklin Street Boston, Massachusetts WILLIAM LORD Town Hall Amesbury,. Massachusetts 10913 For the City of Haverhill and Town of Merrimac:
ASHOD N. AMIRIAN, ESQ.
P. O. Box 38 ;
Bradford, Massachusetts 01835 '
For the City of Newburvoort:
BARBARA J. SAINT ANDRE, ESQ.
JANE O'MALLEY, ESQ.
. Kopelman and Paige, P.C.
77 Franklin Street Boston, Massachusetts 02110 -
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22067 l APPEARANCES: (Continued)
For the Town of Newbury: -
R. SCOTT HILL-WHILTON, ESQ. I Lagoulis, Clark, Hill-Whilton & McGuire 79 State Street -
Newburyport, Massachusetts 01950 l For the Town of Salisburv: I CHARLES P. GRAHAM, ESQ. i Murphy and Graham 33 Low Street Newburyport, Massachusetts 01950 For the Town of West Newburv:
JUDITH H. MIZNER, ESQ.
Second Floor .
79 State Street Newburyport, Massachusetts 01950 For the Atomic Safety and Licensino Board:
ROBERT R. PIERCE, ESQUIRE Atomic Safety and Licensing Board
. U.S. Nuclear Regulatory Commission Washington, D.C. 20555 !
er ep (202) 628-4888
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22068-
[~ 1 E 12 E X .
WITNESSES: DIRECT CROSS REDIRECT RECROSE' EXAM Witness:
. .: Richard W. Donovan by~Mr. .Backus 22081 EXHIBITS: IDENT. REC. REJ. DESCRIPTION:
(No exhibits).
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1 22069 '
1H2EX INSERTS: PAGE Pages covering Objectives 22170 18 and 19 from the -
August 12, 1988, Draft FEMA Exercise Report .
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n 22070
.1 EBQCEERIEG1
(~ 2 JUDGE SMITH: Good morning.
3 We had'scheduledstime this morning to hear 4 arguments on the motion to file a late filed cont'ention on 5 the adequacy of parking space at the Beverly reception 6 center. However, they have prepared a written response. So-7 there is no need for. oral arguments this morning. We had 8 given Mr. Backus until a quarter after nine to arrive. <
9 However, we understand he is present.
10 Oh, yes, we have good reason to believe he's 11 present, because I can see him.
12 (Laughter.) ',
13 JUDGE SMITH: Yes, good morning, Mr. Backus.
O 14 So we can proceed with other preliminary business, i 15 if any. Except I'm reminded, in the context of this motion, j 16 that the Staff was following the rules of practice and had I
17 intended to file an answer to a motion apparently some time, 18 who knows.
19 And 1 just want to point out to you, Ms. Chan, )
f 20 that during the actual hearing those time schedules don't 1
. 21 really mean much.
22 MS. CHAN: I underetand that, Your Honor.
23 JUDGE SMITH: If you intend to take a position on 1
24 a particular motion, we would expect you to bring that to j 25
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the Board's attention immediately and get a date to respond. l
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22071 l 1 Otherwise, you just may be late.
2 MS. CHAN: Yes, Your Honor.
3 JUDGE SMITH: Your efforts may be wasted.
4 MS. CHAN: I will inform the office of that.
5 JUDGE SMITH: So what I am saying is the time ,
6- limits for filing answers to the motion for the Staff are 7 set aside during the hearing. You should seek other times.
8 MS. CHAN: Based on the Board's discussion 9 yesterday, I had been prepared to argue this morning orally.
10 And in light of the Mass AG's response, can the Staff file 11 an immediate response, perhaps Monday or Tuesday?
12 JUDGE SMITH: All right, that would be fine.
13 MS. CHAN: So that the Board can have the benefit 14 of the Staff's position on both filings. !
15 JUDGE SMITH: When we resume Monday afternoon, can 16 you have a response or Tuesday? What's your preference?
'17 MS. CHAN: Tuesday would be my preference. l 18 JUDGE SMITH: All right. Tuesday. ;
1 19 MS. CHAN: Thank you.
20 JUDGE SMITH: Is there any other preliminary 21 business.
22 MR. FIERCE: Your Honor. .
1 23 JUDGE SMITH: Mr. Fierce. l 24 MR. FIERCE: I guess what I would like to have 25 would be an opportunity orally to respond to any new
/
Heritage Reporting Corporation (202) 628-4888 O{ i
4 22072
[ 1 arguments that the Staff might make at that time. If we i
!]T ' 2 could set aside a few moments Tuesday, if that's --
3 JUDGE SMITH: Well, usually there has to be an end
- 4 to discussion of a motion.
5 MR. FIERCE: Normally I would have had an 6 opportunity --
7 JUDGE SMITH: Well, I know. Just listen now. I 8 mean, you have the basic -- no, normally you wouldn't.
9 Normally you would file a motion and it would be answered 10 and we would rule. Now we have warned you that you would 11 have been in default had you not responded. But the basic 12 rule always prevails, and that is, if any new issue is 13 raised in any pleading as to which you could not have been
[( 14 expected to address in your original pleading, obviously you 15 have a right to confront it.
16 I would expect that the Staff at this late date is 17 not going to raise any new concepts or factual concepts that 18 you have not addressed or had a full opportunity to address.
19 But you have already had the opportunity to respond, which 20 is not provided by the rules, and you will have no further 21 opportunity unless there is a totally new consideration, 22 material consideration.
23 JUDGE SMITH: Mr. Brock, did you want to say 24 something?
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25 HR. BROCK: Yes, Your Honor.
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22073 1 This would be on a different topic, if that's 2 okay. -
3 JUDGE SMITH: All right.
4 MR. BROCK: This is with respect to Applicants -
5 motion in limine on the testimony of Geary Sikich and John ,
6 Paolillo which we have just received this morning. Given 7 the schedule that we have' established, Your Honor, that 8 testimony is to follow Mr. Donovan'c, cross, and we are 9 expecting it would go approximately Wednesday.
10 What I would ask the Board for is, could we be 11 heard and perhaps get a ruling from the Board Monday on this 12 position? Could we set that down for argument at that time?
13 JUDGE SMITH: All right, let me find it. We just 14 got it this morning, didn't we?
15 MR. BROCK: That's correct, Your Honor.
16 (Pause . )
17 JUDGE SMITH: All right. We'll schedule that.
18 Does this objection extend to the entire 19 testimony?
20 MR. TROUT: No, Your Honor. It goes only --
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21 JUDGE SMITH: So they will have to appear one way 22 or the other. .
23 MR. TROUT: That's correct, Your Honor.
24 JUDGE SMITH: All right.
25 MR. TROUT: Well, actually, Your Honor, it would m,,..
Heritage Reporting Corporation (202) 628-4888
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[ N '11 extend to'the-entire' extent of Mr.-Paolillo's portion.of the 2 testimony.- But Mr. Sikich -~-
3" -JUDGE SMITH: Mr. Sikich is the one that---
I-r .
- 4~ MR. TROUT: He's the one who has to travel.
- 5 JUDGE SMITH: Yes.
I
'6 MR. TROUT: And he would be on in any case. l
, 7 JUDGE SMITH: All right. So we will try to get to 8, it promptly on Monday.
1_: _.
9 MR. BROCK: Thank you, Your Honor.
10 JUDGE SMITH: Any other preliminary business?
11 MR. TROUT: . Yec, Your' Honor.
12 First, I_would just like'to note that Applicants I 13 have' distributed to the Board and the parties and are also 14 serving _through the normal. course today three motions in 15' limine, including the Sikich/Paolillo motion. And we would 16 be ready to argue them at the Board's and the parties' 17 pleasure.
18 The second matter is that --
19 JUDGE SMITH: Well, name the other two.
20 MR. TROUT: Yes. The second one goes to a portion 21' of the Lonergan testimony. .And the third one goes to Mass 22 _AG's panel on bed buses. That would be Mr. St. Hilaire, Mr.
~23 Saxner and Ms. Davis.
24 JUDGE SMITH: Okay.
25 MR. TROUT: The second item of preliminary Beritage Reporting Corporation (202) 628-4888 i
22075 1 business is that there is the outstanding motion to dismiss 2 . abandoned contentions and bases and Mass AG's response to 3 that. I'm just wondering if -- we have narrowed the arca in 4 controversy down to one basis of one contention. And I am -
5 wondering if we have reached a resolution on that.
6 MR. FIERCE: I think so. This is Basis H of 7 JI-2, which is a basis which asserts that the implementation 8 of access control will significantly delay returning 9 commuters.
10 Since the Applicanta have filed their testimony 11 indicating that they will not be implementing access control 12 for at least two hours and perhaps longer if queues are 13 still forming, it appears to the_ Mass AG that there is --
14 that issue is not a live one at this point.
15 When I did talk to Dr. Adler finally about this 16 yesterday, his only concern would be that, because we are 17 going to now be pressing much harder on the issue of the 18 through traffic to the extent that the Applicants might ever 19 want to revert back to the implementing of access control 20 earlier than two hours, we would like to have that there in 21 reserve.
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22 So I'm not sure we're resolving it. If the .
23 Applicants want to commit that that's the position they are 24 taking and they are not going to change it, we can withdraw 25 or agree to withdraw that contention. But there might be
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22G76 i: ,/, ] 1 reason for the Applicants to want.to 5.natitute again a
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change and state that they are going'to be doing traffic 3 access control sooner than two hours.
. 4. That would be the only --
5 JUDGE SMITH: Well,- you are-always faced with the 6 risk that a year down the line or five years down the line 7' that -- well, what do you say?
8 MR. DIGNAN. You said it for me. A year down the 9 .line you might make a change in the plan. I'can't guard 10 agsinet that. So let's battle it out, you know. .
11 JUDGE SMITH: Is that t.he -- in other words, your 12 concern --
13' MR. FIERCE: I see it as not a live --
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( JUDGE SMITH: You don't want to have a moving V) 14 15 target during this hearing.
16 MR. FIERCE: Right. It's not a live issue at this
'17 time. But I don't see any point in withdrawing the basis or 18 having it stricken. At the end of the proceedings, 19 -obviously if there is no controversy on it, it dies of its 20 own weight.
21 JUDGE SMITH: I think you should be able to accept 22 that, Mr. Dignan.
23 Can you commit that you are not going to, before 24 the end of the hearing, seek to adduce new evidence on that-25 respect?
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22077 1 MP. . DIGNAN: Yes.
2 JUDGE SMITH: And if you do, then we will have to 3 revisit the matter.
MR. DIGNAN:
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4 That's right.
5 JUDGE SMITH: Let's put it that way. ,
6 Is that all right?
7 Any other preliminary business?
8 MR. TROUT: Yes, Your Honor.
9 There's the matter of the Lonergan interview 10 notes. I understand that yesterday the Mass AG came in and 11 asked for subpoenas relating to the people who were 12 interviewed.
13 I gather what precipitated that.was that two weeks 14 ago we asked for the notes of those interviews. And in 15 order to make some sort of informed decision as to how 16 Applicants want to approach this whole matter, we still need 17 to see the interview notes that we asked for two weeks ago.
18 And I don't know what the status of that request is. I've 19 inquired after it several times to the Assistant Attorneys 20 General.
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! 21 JUDGE SMITH: You would only need the notes if Mr.
22 ' Lonergan testified; is that correct? -
l 23 MR. TROUT: That's correct. ,
24 Well, what we really need the notes for, Your 25 Honor, is to make an informed decision as to how we should Heritage Reporting Corporation (202) 628-4888 .
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22078 PL i 1 1 proceed at this point.
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- 2. JUDGE SMITH: Oh. Whether you will object to the
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. testimony of Lonergan and insist upon the testimony of the 4 . witness?
5 MR. TROUT: That's right.
6 JUDGE SMITH: So, in essence, you are informing 7 the Attorney General that without the. notes you will indeed 8 object to Lonergan and --
9 MR. DIGNAN: What we have done, Your Honor, is the 10 mot!<7 in limine that's been filed with you objects only to 11 the substantive ground I talked about yesterday, that is, 12 the Dr.-Pelle portion. And'on the assumption 'c hat the notes 13 will not reveal that'there is a distinction between the
- 14 notes and what Lonergan says, we were planning to forget the 15 hearsay objection so that the Sisters didn't have to come 16 in. But we would like to see the notes. ,
17 I mean it's just prudence. If the notes don't, 18 square with what Lonergan says, then maybe I want to see 19 the Sisters.
20 JUDGE SMITH: Okay.
21 MR. DIGNAN: So the hearsay objection will be made 22 at the time Ionergan takes the stand if, as and when we 23 don't get the notes.
24 JUDGE SMITH: All right. I guess Ms. Greer is 25 handling that.
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Beritage Reporting Corporation (202) 628-4888
22079 1 MR. FIERCE: Ms. Greer is addressing that and a 2 list of other items that Mr. Trout has asked us for, and I 3 believe she's working on that now.
4 JUDGE SMITH: All right. Would you communicate to 5 her this exchange this morning? ,
6 MR. FIERCE: Yes.
7 JUDGE SMITH: Anything.further?
8 MR. TROUT: Your Honor, with regard to the -- I'm 9 sorry, I was reminded that with regard to the motion to 10 dismiss, the position that Mass AG took in the motion was 11 that they weren't litigating the various contentions, but 12 they also weren't withdrawing them. They didn't object to 13 them being dismissed. And that still leaves Applicants with 14 a little bit of a dilemma as to what you --
15 JUDGE SMITH: All right. You want them dismim3ed?
16 MR. TROUT: We want.them withdrawn. They are not 17 being litigated. They should be withdrawn. ,
18 JUDGE SMITH: They are not going to withdraw them.
19 They are going to make us dismiss them.
20 MR. TROUT: All right, then we want them
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21 dismissed.
22 JUDGE SMITH: If they are not going to -- all .
23 right, we will dismiss those contentions for want of 24 prosecution or howevur you want -- what makes you feel good?
25 I mean you are not going to dangle a contention around that Heritage Reporting Corporation g
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l 22080 A 1 you'are not going to prosecute and not' going to withdraw. l
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.V 2 So we.will dismiss it on that basis if that's what you want.
3 I mean if that's acceptable to you.
. 4 MR. FIERCE: We d.id not want to withdraw them,
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5 that's correct. .
6 JUDGE SMITH: But you don't object to their 7 dismissal.
8 MR. FIERCE: That's right. I 9 JUDGE SMITH: So we dismiss them, whatever they 10 are. They are the subject matter of that motion.
11 JUDGE SMITH: Would you read into the record what 12 it is we have dismissed? What is we just did?
13 MR. DIGNAN: Your Honor, why don't we draw a
. 14 formal order for the Board.
15 JUDGE SMITH: All right.
16 MR. DIGNAN: And we will clear it with the Mass AG 17 and present it to you for signature, if that would be 18 agreeable.
19 JUDGE SMITH: All right, that's fine.
20 Anything further preliminarily?
. 21 MR. TROUT: No, Your Honor.
22 JUDGE SMITH: Mr. Backus.
23 MS. BACKUS: And I'll have Ms. Doughty hand out 24 the cross-examination plan to the Board and the parties.
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25 (Document proffered to all parties.)
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I DONOVAN - CROSS 22081 l' JUDGE SMITH: Ms. Doughty, our procedure has been 2 . to bind the cross-examine notes into the transcript at the 3 end of the cross-examination. That can't be done.
4 But it is also sufficient t'or you to provide the -
5 adversary parties with copies of it without. binding it in, .
6 if you wish. But you are going to have to somehow at the 7 end'of the cross-examination get them a copy of this cross-8 examination.
9 MR. BACKUS: We can furnish them one right now.
10 JUDGE SMITH: Well, fine. You're not going to be 11 able to follow the regular practice with this.
12 MR. BACKUS: Right.
13 , JUDGE SMITH: So whatever you want to do.
14 Whereupon, 15 RICHARD W. DONOVAN 16 having been previously duly sworn, resumed the witness stand 17 herein, and was examined and further testified as follows:
18 CROSS-EXAMINATION 19 BY MR. BACKUS:
20 Q Good morning, Mr. Donovan.
21 A (Donovan) Good morning.
22 Q Your testimony, as I understand it, basically .
23 derives from what was marked, as I understand it, as Exhibit l
24 43 F which is the exercise report of September 1, 1988; is l -
I. 25 that right?
Heritagu Reporting Corporation (202) 628-48,88 l
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DONOVAN - CROSS 22082 l' A (Donovan) That's.a portion of my testimony.
' \ L2 That's correct.
3 -Q And as I understand it, this exercise report is 4 intended to be a complete and accurate summary of the FEMA 5 evaluation of the exercise that was held in June'of 1988; is 6 .that'right?
7 A (Donovan)- As complete as reasonably achievablin;
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8 yes.
9 Q .Now, preceding this exercise report dated 10 . September 1,.1988, as I understand it, there were draft 11- reports that were circulated among various parties for 12 comment; is_that right?
13- n (Donovan) Draft exercise reports were delivered 14- to the exercise participants and to certain members of the 15 evaluation team as called for by FEMA's policy.
16- Q There were exercise reports, as I_ understand it,
- 17. that went out under dat,e of August 2 and August 12, 1988; is 18 that right?
19 A (Donovan) That's correct.
20 The difference between the August 2nd and the 21 August 12th draft was strictly limited to two objectives for 22 the State of New Hampshire.
23 Q You said the difference between the August 2 and 24 the August 12 reportJ Was limited to two objectives?
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25 A (Donovan) Basically, as explained in my I
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DONOVAN - CROSS 22083 1 deposition to you. My analysis of the materials submitted 2 to me was that it was not complete with respect to the 3 routes that had been scheduled for demonstration in regard 4 of objectives 18 and 19 for the Stice of New Hampshire. -
5 And I continued to examine the source material to 6 try to reconstruct those routes in a more appropriate and 7 complete fashion, realizing that the draft that*I mailed on 8 August 2nd was incomplete. I attempted to cover that in a 9 more complete fashion by sending out a supplementary draft.
10 There may have been other changes, but the only 11 purpose for mailing the second draft was to try to give the 12 participants who were asked to review and ascertain whether 13 the facts were correct, a more complete document to review.
14 Q And by " participants," who does that include?
15 A (Donovan) FEMA's policy says that its offsite 16 exercise participants'should be provided a draft 17 approximately 30 days after the exercise to review and 18 ascertain whether the facts and conclusions are correct.
19 Q So that would include representatives of the 70 Applicant, New Hampshire Yankee?
21 A (Donovan) They were a participant in the
- 22 exercise. The State of Maine was a participant in the ,
23 exercise. And the State of New Hampshire was a participant 24 in the exercise.
25 Q In addition to that, do I understand it that the Heritage Reporting Corporation (202) 628-4888 L - . - _ . - - _ _ _ - - - - - - - _ _ _ - - _ _ _ _ _ -- _
-y, DONOVAN.- CROSS 22084 1 draft report or one of them at least was sent to, if not all D 2~ th's FEMA evaluators, at least team leaders and group 3 leaders?
. 4 -- A (Donovan) Yes.
5 The August 2nd draft was' mailed to all team 6 leaders and group leaders, which is approximately 44 ,
7 individuals.
8' The August 12th draft was mailed only to those 9 persons who were involved with the New Hampshire evaluation 10 because, again, the only purpose for producing the second 11 draft was to try to reflect.a more complete summary of the 12 routes.
13 JUDGE SMITH: Mr. Backus, I assume that Ms.
l b 14 Doughty has already informed you that this subject matter lV 15 was covered yesterday and you're just laying the foundation 16 for continuing the-line.
17 MR..BACKUS: I.wasn't informed that this exact 18 area was covered. I have reviewed the transcript of the day 19 before yesterday and Ms. Doughty did tell me what her notes 20 indicated about yesterday.
21 I didn't understand that the distribution of the 22 draft and the process by which the draft was made into a 23 final was covered.
24 JUDGD SMITH: Well, it was addressed and it
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DONOVAN - CROSS 22085 l' if you have an additional point to make.
2 But one of the understandings was that we wo'uld 3 not cover cross-examination already conducted.
4 Do you want to consult for a moment with Ms. -
5 Doughty .
6 MS. DOUGHTY: Your Honor, the information about 7 the two drafts per se I don't think was covered. So he's 8 doing a little -- he is going at it a little differently.
9 JUDGE SMITH: All right.
10 BY MR. BACKUS:
11 Q When you forwarded the draft to the team and group 12 leaders as you have described, did you accompany that with a 13 request that comments, response, corrections be delivered to 14 you within a certain time?
15 A (Donovan) Yes, I did.
16 Q And was that time by August 31st?
17 A (Donovan) I don't recall the exact date. I 18 believe it was August 30th.
19 Q Okay.
20 A (Donovan) At that time, and as we have testified
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21 earlier, my agency made a commitment to the Licensing Board l
22 and to the Nuclear Regulatory Commission that they would ,
23 have the report published by September 1st and delivered to 24 the Nuclear Regulatory Commission.
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25 So in view of the size of the report, obviously, Heritage Reporting Corporation (202) 628-4888 O
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1 August 5'st would not have been an acceptable date for me to V 2 receive last minute comments.
3 Q August 31st would not have been an acceptable
. 4 date?
5 A (Donovan) No, sir.
6 Q Mr. Donovan, I was furnished in some of the 7' document production fr6m FEMA a memorandum from you to Mr.
8 Richard Krimm, Assistant Associate Director, Office of 9 Natural and Technological Hazards, dated August 4th, 1988..
10 Do you recall that communication subject draft 11 Seabrook exercise report?
.12 A (Donovan) No , I don't.
f 13 (Document proffered .to witness. )
A
'( i 14 MR. BACKUS: Let me just indicate that I have come 15 over to the witness table with Mr. Donovan and showed him a j
16 document that I just described. !
17 BY'MR. BACKUS:
18 Q I ask you if you can identify that as a copy of a 19 letter or a memo that you sent to Mr. Krimm under date of 20 August 4th, 19887 l
. 21 A (Donovan) Yes, I can identify this as one of my j l
22 correspondence.
23 Q Okay. l 1
24 Turning to the second page of this memorandum, Mr. j
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25 Donovan, the third paragraph on page two, do I correctly 1
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DONOVAN - CROSS 22087 l
1 read that that states: " FEMA process calls for me to submit 2 the final exercise report through Mr. Vickers to FEMA 3 headquarters by September 2, 1988. I request that you 4 provide me your comments in writing by the close of business -
5 on August 31st, 1988."
6 Correct?
7 A (Dodovan) That's correct.
8 Q Does that possibly refresh your recollection that 9 the deadline for comments on the draft was August 31st, 10 19887 11 A (Donovan) In this particular letter; yes.
12 Q But is it your testimony that there was a request 13 for comments by team. leaders and group leaders to be made 14 earlier than that date?
15 A (Donovan) Yes, it is.
16 When I prepared those letters and when I mailed 17 those letters I had not been informed that the agency's 18 commitment to the NRC to produce the document by September 19 lat. So I followed up my correspondence with telephone 20 calls to the recipients of my letters explaining to them 21 that my deadline had been moved up; and therefore, I would 22 appreciate their comments no later than August 30th. '.
23 Insomuch as my production team was located in 24 Chicago, Illinois and I was located in Bothell, Washington; 25 and obviously in order to print 50 copies of approximately a Heritage Reporting Corporation (202) 628-4888
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DONOVAN - CROSS 22088
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p 1- -400 page document and have them delivered to FEMA Region'l s 2' on the morning of September 1st, so they could then in turn 3 .be carried-by a courier to FEMA headquarters by arrival of j
'4' ' September lat that it would have been physically impossible 5 - to do so and raceive comments up through the close of 6 business on August 31st. .
7- Q Now, .the FEMA report that is Exhibit 43 F, dated 8- September 1st of 1988, in fact, the text of that had been-9 prepared and mailed out, at least to-FEMA headquarters, the 10 day before that on August 31st; is that true?
11 A (Donovan) Could you repeat your question.
12 Q Was the text of what's now Exhibit 43 F, the FEMA 13- exercise' report dated September 1, in fact, mailed out to 14 - FEMA headquarters-the day before on August 31st?
15 A (Donovan) I don't recall.
16 Q Let me show you, Mr. Donovan, another document 17 from the FEMA document production.
18 (Document proffered to witness.)
19 BY MR. BACKUS:
20 Q I ask you if you can identify this.
. 21 This appears to be a document dated August 31st 22 from Richard W. Donovan, RAC Chairman, to Richard Krimm, 23 subject: exercise report for the June 1988 FEMA graded 24 exercise of the offsite emergency preparedness?
25
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A (Donovan) I recognize the document.
( Beritage Reporting Corporation (202) 628-4888
DONOVAN - CROSS 22089 1 Q Does that refresh your' memory that the document 2 that's dated September 1 was actually prepared and forwarded
- 3. to FEMA headquarters the day before on August 31st?
4 A (Donovan) Yes, it does. ,
5 Q So would it be correct to say, Mr. Donovan, that 6 the document that we've got in evidence and is attached to 7 your testimony as 43 F was actually prepared in substance, 8 in its final form, on August 31st?
9 A (Donovan) It's safe to say it was mailed. I 10 mailed two sets of letters; you only have one there in your 11 file. I mailed one to FEMA headquarters with two copies,
- 12 which that letter indicates. And I mailed several copies to 13 my supervisor, Mr. Vickers, who then signed the official 14 transmittal to FEMA headquarters with his position on the 15 exercise report.
16 I mailed both of them on August 31st so that Mr.
17 Vickers transmitted his memo on September lat, that FEMA 18 headquarters would have a copy of the report in their I
l 19 possession, so that they could have reviewed it themselves 20 and be prepared to respond in response to Mr. Vickers' 21 transmittal with whatever response they wanted to prepare -
22 and deliver to the Nuclear Regulatory Commission.
23 Q I guess the question I was -- I'm not sure I got 24 an answer to the question I was at least intending to ask.
25 The text that we have describing the exercise -
l l
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DONOVAN - CROSS 22090
., 1 that's in Exhibit 43 F, was that' text prepared by you or 2 under'your~ supervision as of the day before the'date of this 3 report? As of August 31st?
4 A (Donovan) 'If I understand your question and I'll 5 - try to answer it.in my words.
6 The completed editing of the document on August
.. 7 30th, I had a team who worked through the night to finish ,
.8 typing and run an initial run of copies, which were carried l i
9 out to me so that I could mail the copies on August 31st.
10 The letter indicates, that you just showed me, 11 that I said by the following Monday I was mailing an 1.2 ' additional 50 set of copies to FEMA headquarters so that 13 .
they could provide the copies. Two sets, I believe. 50 to f 14 the program office; and 50 to the Office of General Counsel.
\
N- 15 So that they could have'the copies te effect their normal 16 distribution.
17 It was impossible for me -- we ran 200 copies of 18 this report and'it was physically impossible to run 200 19' copies the night of August 30th. We ran a small number so 20 that we could meet our deadline.
21 And again, the report only became official when 22 the report was transmitted from FEMA headquarters to the
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23 NRC.
24 Q But you did say that you ran some copies of what 25 became the final report on the night of August 30; is that -
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,. DONOVAN - CROSS 22091 1 right?
2 A- (Donovan) That's correct.
3 The same master was complete. The printing shop e
4 worked that weekend to finish the printing of the documents. -
l 5 It's not an inconsequential task, I did not sit'there at a ,
)
6 Xerox machine. I had a printing shop and a contract printer l
7 located in the Chicago, Illinois vicinity to do all the 8 printing and binding.
9 Q So if there were comments on the draft that came 10 in from your team and group leaders on August 31st, those 11 comments would not have affected the final exercise report; I
12 is that correct?
13 & (Donovan) Well, again, I talked to all of my 14 correspondents who received my request for comments and had 15 told them telephonically that I needed their comments no 16 later than August 30th.
17 Q Mr. Donovan, do you recall that we took the 18 deposit 1on of one of your evaluators, a gentleman by the 19 name of William Creamer? I 20 A (Donovan) Yes, I do.
21 Q Were 1,.: in attendance at his deposition?
22 A (Donovan) Yes, I was.~
23 Q Do you' recall that he testified that the comments 24 were furnished by him and he had some notee of comments in a 25 conference call with you on August 31st, 1988?
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l DONOVAN - CROSS 22092 i
,m 1 A (Donovan) I don't recall what date he.said in his
.{
's =2 deposition. . 'But I can attest that the call was not on 3 August 31st.
4 Q And if he testified the call was on August 31st .l 5 that's not correct?
6 ,
'A (Donovan) Well, I had a conference call, which I 7 believe his deposition said, with him and a number of FEMA 8 One officials that lasted, I believe, according to his 9 deposition approximately three hours.
10 And I can attest to you that call was not on
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- August 31st.
12 13 15 16 17 !
l 18 19 20
. 21 22
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DONOVAN - CROSS 22093 1
1 Q Do you recall, Mr. Donovan, at,the time Mr. -)l 2 Creamer gave'his deposition that he produced some notes of
- 3 comments on the draft report, a copy of which I show you?
4 A (Donovan) Yes. . .
5 Q And it indicates on the bottom of those notes, is 6 _. c not, conference call with Mr. Donovan on August 31st, 7 correct?
8 A (Donovan) That's what that page says, yes.
9 Q And you are saying that's an error.
10 A (Donovan) That's correct.
11 MR. BACKUS: May I h' ave just a moment, Your Honor.
12 I wanted to find something in his deposition.
13 (Pause . )
14 JUDGE SMITH: Mr. Flynn?
15 MR. FLYNN: Yes.
16 JUDGE SMITH: Yesterday, the Board reavowed its 17 earlier decision with respect to the motion. We would now 18 like to see the relevant documents.
19 MR. FLYNN: Yes, Your Honor.
20 (Documents proffered to the Board.)
21 MR. BACKUS: Okay. I can't find that right at the -
22 moment. I'll move ahead. .
23 BY MR. BACKUS:
24 Q In any event, Mr. Donovan, I take it that it's 25 your testimony that any comments that you receive from -
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L DONOVAN - CROSS 22094 T1:
fpeople who-had reviewed 1the draft report, in order,.to have
- 2. had'any effect on what'was in the. final report they would E 3- .have had to have come to you no later than August 30th; is 4- that.right?
5 A (Donovan) .My testimony is, yes,-that I would have
'6f had to receive: comments by Augu-' 30th in order to complete 7 -the - report ' and mail copies of the report on August 31st.
L8 Q And it is your testimony, is it not, that the 9- ,
final report,. insofar as some of the changes from the draft 10 report are concerned, did derive from comments ~and responses
- 11. from' those that reviewed the ,draift report?
'12 A (Donovan) Yes, that's correct.
13 Q .And as we know, at this point ne'ither-you nor so
.14 ' far as you know anybody in the agency has any records of
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15; - what those comments-were?
16 A (Donovan) .I_ don't understand your question.
217 Q As<far as you know, perhaps with the exception of
- 18. what we just showed you from Mr. Creamer's depositions and p: 19 _other documents I-guess the Board has reviewed, with those 20 minor exceptions so far as you know neither the reviewers
. 21 . nor you, in ta?.Ning with the reviewers, kept any notes on 22 lwhat they said.
l O
23 A (Donovan) That is not my testimony.
24 Q That's not your testimony.
25 Are there any documents that you are aware of that' I Beritage Reporting Corporation (202) 628-4888 Lili____.1 j
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DONOVAN - CROSS 22095 1 were created by anybody in the agency that deal with why ,
a 2 changes were made between the draft and final report? I 3 A (Donovan) I believe my testimony to you in my 4 deposition was that I received oral comments from many .
5 people. Thos'e oral comments I marked in my working copy of
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l 6 my exercise report. And almost daily I sent changes to the l 1
7 team that I had assembled in Argonne, a word processing team 8 to process those changes. And in turn, they would send me 9 back changes. So I was working with revised pages of 10 script.
1 11 I also received written comments. In some cases, 12 for example, from Region 1 I received a large conference 13 call because there was a number of my team leaders and group 14 leaders from Region 1 staff. And some of those 15 conversations were followed up with written correspondence.
16 But I regard all comments that I had received, 17 some in advance of written correspondence were received by 18 August 30th, because those that I had not heard from I had 19 polled, if you have comments, I need them. And they were 20 polled as to what day I need those comments. Those that i 21 came earlier, obviously I didn't have a problem. -
22 -
So the set of persons who had asked to comment, I -
23 received, like you said, we kept going down the list until i 24 we either got to the point that, no, there were no comments; 25 yes, there were comments and here they are. ~
1
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k DONOVAN - CROSS 22096 .
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1 We made sure that everyone who was asked to lm e
s
'v/. 2 officially comment was advised that if they did not comment !
L 3 the report would proceed without their comments. And if 4 they did comment, when they had to get their comments to me.
5- Q_ Well, my question was not to the existence of 6 comments or notes. But it's my understanding that all of 7 this material has either been discarded or destroyec.
8 MR. FLYNN: That ic not our position. I think you 9 are confusing the evaluator notes from the time of the 10 exercise with the comments from the people who reviewed the !
11 draft some couple of months later.
12 This has been the subject of numerous discovery 13 disputes. We have not taken the position nor represented 14 that they there were no such notes. We hava in fact 15 disclosed that there are some. We have claimed executive 16 privilege and submitted that to the Board on numerous 17 occasions as late as yesterday.
18 MR. BACKUS: Are you now saying that you are 19 claiming subject to executive privilege, which I understand.
20 But that there exists comments on the draft report that have
. 21 not been produced because you claim executive privilege?
l 22 MR. FLYNN: Yes, and that the claim was submitted 23
- to the Board and ruled on at least three different times.
24 BY MR. BACKUS:
25 Q Well, Mr. Donovan, do you know how many observers -
G Heritage Reporting (202) 628-4888 Corporation
l DONOVAN - CROSS 22097 1 or people that reviewed the draft report provided comments 2 for which there are documento?
3 A (Donovan) I can't recall the exact number, no. I 4 received written comments from the State of Maine, State of .
5 New Hampshire, New Hampshire Yankee offsite response 6 organization, and I received written comments from a portion 7 of the team leaders and group leaders who were asked to 8 comment. The majority of the comments, again, came in 9 orally in order to expedite the process, perhaps on their 10 behalf. .
ll- Q And you are saying that for those -- let's go to 12 the team leaders and group leaders -- that those that sent 13 in writing some comments, you are saying you do have those?
14 A (Donovan) Yes, I do.
15 MR. BACKUS: And that's what you have claimed 16 executive privilege over as I understand it, Mr. Flynn. Is 17 that right?
18 MR. FLYNN: Is the question to me or to Mr.
19 Donovan?
20 HR. BACKUS: Yes. I just want to note --
21 MR. FLYNN: Yes. -
22 MR. BACKUS: -- this is all subject to your --
23 okay.
24 BY MR. BACKUS:
25 Q Mr. Donovan, you have acknowledged that you were -
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.' , DONOVAN'- CROSS '
22098 "11 present'when the' deposition of Mr. Creamer was:taken here in L '2 Boston back in. February..
x
- 3. Who is Mr... Creamer?
j
- 4- -A. (Donovan) 'He is an employee of FEMA Region 1.
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5 -Q Did he have a role in this exercise as a; FEMA 6; evaluat'or?' -
- 7; A. . (Donovan) Yes, he did.
8; Qi What was his role?
9 A (Donovan) He was -- I'll look for his exact 10- title, but he was assigned to the team that was responsible 11' -
for evaluating the State. of New-Hampshire response
- 12 activities, and he is listed on page_9 of the exercise 13 report as the team leader for the Rockingham County. staging 14- area. He had several collateral assignments besides that 1
Q_
> '15 assignment.
16"
- Q And.so he is a person who would have been 17 furnished one of'the two editions of the draft' report and
- 18. asked to make responses to you if they were thought-19 necessary? ,
20 A (Donovan) That's correct. And I believe his 21- deposition stated that he had reviewed the report in its
~22 final form and the final form it represented an accurate 23 recall of his, to his best memory, of all of the issues that 24 transpired in the exercise.
25- Q And you recall in his deposition that he was asked -
l' Beritage Reporting Corporation (202) 628-4888 t
DONOVAN - CROSS 22099 1 if, as recorded in his notes; there was a conference call 2, with you on August 31st?
3 A (Donovan) Again, I don't remember specifically.
4 But if that's what he said, that's what he said. But again -
5 I repeat, I don't believe that was the day,. I do not have 6 my personal notes with me. Although as I said, it 7 physically could not have happened, because I know that 8 documents were received in FEMA headquarters and in FEMA 9 Region 1 on September lat. The only way they could havo 10 gotten there is for me to mail them on August 31st. And I 11 did talk to a number of people for over several hours in 12 FEMA Region 1 via a conference call and had a draft copy of 13 the memo that they forwarded to me after the conference 14 call, and I incorporated comments from their draft memo and
^
15 from our conference call into the final edit that went to 16 Chicago to be finalized and put into the final report.
17 (Document proffered to the witness.)
18 Q Just so we will have a complete record on this, 19 Mr. Donovan, let me show you what I will i.dentify as a copy 20 of the deposition of William Creamer taken on February 16th 21 in Boston.
- I 22 At page 63, a question, and I ask you if I am j 23 correctly reading this into the record.
24 HR. DIGMAF: I'm going to object to it being read 25 into the record, Mr. Backus, if it's that August 31 thing. ~
/
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4 DONOVAN - CROS'S 22100 N 1 You iaaven't given me the courtehy of showing me what you are
' )
'd- 2 pik:mng to give the witness. But if it's the August 31, I 3 object to it being read in.
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4 The witness has denied that that's a fact. And if 5 you are trying to put it in through the back door, you can't 6 do it. You have got to get Creamer in here.
7 MR. FLYNN: I also object. My objection is if 8 this is impeachment, it's not a proper use of the document 9 because it is not the witness's deposition. If it's 10 refreshing recollection, the predicate for that hasn't been 11 established.
12 MR. BACKUS: Well, I suppose I can call for Mr.
13 Creamer to be brought in. I just want to --
14 JUDGE SMITH: One of the weaker ways of cross-15 examining is if we were to tell you that Mr. Creamer 16 testified so and so, would that change your opinion.
17 Go ahead, ask him.
18 MR. BACKUS: Okay.
19 JUDGE SMITH: Overruled. But show counsel the 20 deposition.
. 21 MR. DIGNAN: I have no objection to Your Honor's 22 phraseology of the question.
23 BY MR. BACKUS:
24 Q Well, do you recall, without reading the exact 25 language, do you recall, as indicated on Mr. Creamer's ~
/' N
/ \
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DONOVAN - CROSS 22101 1 deposition, that he tes ified, as indicated on the date on
'2 his notes, that the conference call he had with you was on 3 August 31st?
4 Do you remember him saying that? -
5 A (Donovan) As refreshed by looking at the document 6 that you provided and as discussed a few minutes ago, yes.
7 But I am also opining to you that that is not recall. And 8 as people have a habit, his deposition was some six to seven 9 months after the conference call supposedly took place. He 10 was not the only party in the conference call.
11 JUDGE SMITH: In any event, it doesn't change 12 your --
13 THE WITNESS: (Donovan) It doesn't change my 14 answer to his questions. I received their comments. I 15 incorporated the comments in the final edit, and that was 16 processed and replicated in the exercise report. !
17 MR. FLYNN: Your Honor, since a portion of the I 18 deposition was introduced over my objection, I insist on the 19 right to introduce an additional portion.
20 JUDGE SMITH: There is nothing that has happened 21 with respect to that portion of the deposition upon which we -
22 could base any findings nor can we base any findings on the ,
23 additional part that you wish to offer.
24 MR. DIGNAN: Mr. Backus, do you have the complete 25 transcript of that deposition? Could I have it?
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DONOVAN.- CROSS 22102 p
1- '
MR. FLYNN: May I.be heard?
^
2 The inference of this'line of questioning.is that J- 3 there were comments that were communicated to Mr. Donovan
-4. which he did not reflect in the final report, that he could.
s 5 not have reflected because he had already had it printed up
-6 and that the conference'on the -- .
7- JUDGE SMITH: Yes, but get to the --
8 MR. FLYNN: Well, the point I want to establish is 9 that in fact the comments were reflected in the final 10 report. That there was~such a conversation, but that it 11 happened in. time to make a difference.
12 JUDGE SMITH: So what is it that you want into the 13 transcript now?
14 MR. FLYNN: Well, I want to read in the portion of 15 Creamers deposition where he.says --
-16 JUDGE SMITH: Are you aware that we have no 17 evidence whatever from Mr. Creamer in this proceeding?
18 None. Zero. Zilch.
- 19 iR. FLYNN: We just read into the rei::ord part of 20 his deposition.
. 21 JUDGE SMITH: For what purpose? To see if the 22 live witness --
23 MR. DIGNAN: In the first place, he didn't read it 24 ' in, Mr. Flynn. He took the suggestion of the Court and 25 asked the question in that framework, and that's not ~
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1 evidence.
2 JUDGE SMITH: There is no evidence whatever of l
3 what Mr. Creamer said before us in which we can make 4 findings. .
5 MR. FLYNN: I withdraw my request.
6 BY MR. BACKUS: ,
-)!
7 Q Let me ask you this, Mr. Donovan.
8 When do you say you had a conversation with Mr.
9 Creamer about the contents of the draft report or how they 10 should be changed for the final report?
11 When do you say that conversation took place?
12 A (Donovan) I did not have a specific conversation 13 with Mr. Creamer. You took the deposition of several FEMA 1 14 employees. The team leader, whose deposition you took, Jack 15 'Quinlan said in his deposition to you he organized all of
( 16 the comments from all of the FEMA 1 employees, and he put 17 together a report and then he conducted a conference call 18 with those employees, Mr. Vickers, who is the regional 19 director, and myself.
20 And I'm saying that that conference call, to the 21 best of my recall, took place on August 30th, and that I did -
22 receive a draft -- a faxed copy of the draft memo with their 23 comments and we went through every comment on a multi page 24 memo. And as we spoke, I made changes to my working draft 25 as it existed at that time and incorporated those changes. -
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DONOT U CROSS 22104
.q [. And again I repeat as' I answered you earlier, 'all 2 three Region 1 employees who you deposed answered in their .
p 3 . deposition your questions that they had read the final 4 ' exercise report and the final. exercise report. reflected the
~
5 fact that their comments had been received and input.
6 :MR. BACKUS: Your Honor, excuse me. . I have to 7- object to that answer. If I am not allowed to put in the 8 deposition, which is a verbatim record of what the witness 9 'has said, I don't think this witness should be allowed to 10 ch;mracterize their deposition testimony in his answer.
11 12 13 ,
14
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l DONOVAN - CROSS 22105 1 MR. BACKUS: I would object and move to strike the 2 witness doing that. ,
3 I'm prepared to offer the whole deposition.
4 MR. FLYNN: I'm not resisting -- .
5 JJDGE SMITH: I just don't see any value to the 6 record for the whole exchange, any illusion to -- would you 7 be specific? What is it that he said in response that you 8 move to strike? -
9 Let's have the question and answer read back, 10 please.
11 (Whereupon, the reporter played back the last 12 question and answer back.)
13 JUDGE SMITH: You are right. .
14 Deginning with: "All three of the officials that 15 you deposed" should be disregarded -- stricken.
16 BY MR. BACKUS:
17 Q Now the question that I would like to reput, I'm 18 not sure you answered, Mr. Donovan.
19 When do you say you had a conference call 20 involving Mr. Creamer concerning the Seabrook exercise 21 report, if you ever did have such a call? -
22 A (Donovan) The conference call between myself and -
23 Region 1, the best I recall, was on August 30th.
24 Q Do you recall if Mr. Creamer was a party to that !
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25 conference call?
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DONOVAN - CROSS 22106 1 A (Donovan) I don't specifically recall.
r !
l 2' I.was. informed that all of the people that were 3 identified as group leaders or. team leaders that were
. 4 availab7.e were in the room from which their conference' call 5 originated from.
6 Q Now, Mr. Donovan,'I,want to direct your attention 7 to some of.the changes made between the draft and the final 8 report as of the. time of your deposition.
9 I have available to me a copy of your August 12th
'10 . draft report or report carrying the date.of August 12th..
11 Do you have that available-to you?
12 A. (Donovan) No, I do not.
13 Q I think we have one extra copy.-
, 14 (Document proffered to witne.as.)
15 BY MR. BACKUS:
16 Q Mr. Donovan,.you would agree that the draft, at 17 least the August 12 draft that'you and I are looking at, is 18 a more extensive -- it's a bigger document than the final; 19 is that right?
20 A (Donovan) I'll have to examine it before I can
. 21 answer the question.
22 (Witness reviewing document.)
-23 THE WITNESS: (Donovan) It's a bigger document, 24 but obviously, one of the reasons it's a bigger document the
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25: dra.ft was double spaced and the final was single spaced.
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DONOVAN - CROSS 22107 1 Without taking anymore time, but if you would like 2 I would, I could take more time to determine 4,f there are 3 any other reasons why there's a difference in size.
4 JUDGE SMITH: Well, what would your memory be? -
5 What was the direction? What was the trend?
6 THE WITNESS.: (Donovan) Well, as usual in a 7 draft, the working draft -- at least for my benefit that I'm 8 using to incorporate my editing comments -- I had it double 9 spaced for people who had been asked to comment could write 10 on the draft. In fact, my letters to them encouraged them, 1 -
j 11 if they had comments it would be more appropriate to mark up 12 a draft.
13 JUDGE SMITH: But isn't it more likely that the 14 commenting process would increase rather than decrease?
15 THE WITNESS: (Donovan) Yes.
16 JUDGE SMITH: But'the observation that is being 17 invited here is that that didn't happen.
18 Is that your point?
19 MR. BACKUS: Yes.
20 THE WITNESS: (Donovan) My answer to you, sir, 21 is, yes, the process to me, as best my memory recall, is we '
22 increased the length of the report rather than decreasing ,
23 the size of the report.
24 BY MR. BACKUS:
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25 Q There are, however, materials in the draft report Heritage Reporting Corporation d
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' 1 l' that are deleted from the final report; are there not? l y 2- A (Donovan). That's correct.
3 Q Just for example, on page 210 of the draft report .
4 there is a' paragraph, second. paragraph on page 210 that 5- . states: "Most transit-dependent bus _ routes are run in a 6 sufficient manner. One driver actually deviated from the 7 designated route b.scause another route was fast or more-8 ' direct. Several of the drivers questioned the route saying 9 it was not the-most convenient.
10 .On several' routes the dispatchers at the LSA gave 11 drivers the wrong maps (phorensic controllers had to 12 intervene). Several of the maps / instructions had 13 inadequacies. Landmarks and other key points could have ir 14 been more clearly marked on the map," which does not appear 15 on the final report; correct?
16 A (Donovan) I.believe the same issues are there; 17 they're represented in different text style. In an attengt 18 to edit, I attempted to consolidate and make.the report more 19 readable, more appropriate. And other times I expanded on 20 the size of the report.
21 Q But the question is, and you would agree would you 22 not, that paragraph is in the draft and not in the final 23 reporti correct?
24 A (Donovan) I will have to examine the final
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25 report. j Beritage Reporting Corporation (202) 628-4888 1 . _ _ _ _ _ _ _ - _ _ ____ _ . _
DONOVAN - CROSS 22109 1 Q I would direct your attention to page 166 of the 2 final report.
3 A (Donovan) Well, I believe the same issues are -
1 4 covered on page 172 of the final report. ~l 5 Q Mr. Donovan, the question was: does that paragraph ,j 6 appear in the final report?
7 Do those set 9.ences appear in the final report?
8' A (Donovan) Not as written here. But the same 9 issues appear.
10 Q When you say, the same issues, what do you mean?
11 A (Donovan) The issues regarding the noncompletion 12 of routes dealt with problems that the drivers had in 13 reading the maps. i 14 Q Well, take the sentence, just for an example:
15 "Several of the drivers," this is in the draft report at 16 page 210, quote: "Several of the drivers questioned the 17 route given saying it was not the most convenient," unquote.
18 Where does that information appear on the final 19 report?
20 A (Donovan) I don't believe it does.
21 However, it is discussed under " issue 1" on page 22 172. Under the " recommendation," second sentence which -
23 reads: " Drivers need to know the rationale for route 24 selection since some routes are 'not the most direct or 25 fastest.,
Drivers should be told not to deviate from the
~~,
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T DONOVAN -' CROSS 22110 g :1 routes. ' Correction should be given, et cetera."
4 .
2 So the. issue is contained in the final' report.
3 Q. The language you have read, which you say is the
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'4 same issue, also appears'on the draft report at page '222 and
- 5. 223, doesn't'it?
6- A (Donovan) Yes, it does.
7 Q Now, following that narrative that we have been 8 discussing on page,210 and going on for several pages, there 9 'is'a' description of the routes and this is the' evacuation 10 -transportation. routes and their evaluation; is that right?
11' A (Donovan) There are really three types of' routes 12 represented in objective 18. There's technically four.
13 You can see from the map there are 17 communities 14 in the New Hampshire portion of the Seabrook ErZ. The
(
- 15. state's plan calls for transportation resources to be
, 16 deployed to one of two state staging areas.
17' From those-staging areas there are maps with 18 prescribed routes to 17 local staging areas. And from those 19- 17 local staging areas there are other routes and maps for 20 other routes.
'21 This objective and report contained in the
'22 '
exercise report deals with these routes for objective 18.
'23 One section of routes is the routes from the state staging
'24 area to the local staging areas.
25 ,
Another section of the routes deal with the risk Beritage Reporting Corporation (202) 628-4888
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DONOVAN - CROSS 22111 1 hospitals to the host hospitals, and that would be from the !
2 local staging area to the risk hospital to the host 3 hospital.
4 Another section of the routes deals from the local -
)
5 staging area to the risk nursing homes to the host nursing .
. 6 homes. Getting to the host facilities they also are routed 7 through the appropriate reception center locatior where 8 these people would be monitored, if appropriate.
9 In addition, in here there is a route described 10 that deals with one of our exercise meeting scenarios that a 11 homebound individual requested transportation assistance.
12 So one of the routes in this section of the report deals 13 with the deployment of a vehicle from one of the state 14 staging areas to the local staging area and to a specific 15 homebound individual's address and from there to a reception 16 center.
I 17 Q I think the question was much simplar than perhaps 18 you thought, Mr. Donovan.
19 I was just asking to identify that in both the 20 draft, and I will now add, in the final report you have .
21 given a listing of the evaluation of the routes that were 22 run in this exercise for transportation of evacuees; right? .
l 23 A (Donovan) That's correct. l 24 Q And in the draft report the routes are not 25 numbered but they are described by the place the bus went Heritage Reporting Corporation (202) 628-4888
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1 DONOVAN - CROSS 22112
} 1 from and to; is that right?
A y 2 (Donovan) Well, not all of these routes were run 3 by buses, but a large number of these routes were run by 4 buses. -
5 Q I understand that of the' vehicles that ran routes 6 .in this exercise, some 20 were actually buses; is that 7 right?
8 A (Donovan) That's correct.
9 Q And the rest were private vehicles, pickup trucks, 10 cars,.whatever;.right?
11 A (Donovan) That's correct.
12 Q Okay.
13 Now in the draft report, as you look at these 14 routes, you frequently put down the time it took to complete
(-
15- the routes, did you not?
16 A (Donovan) Yes, I did.
17 -Q- And in the final report you did not include any 18 . times for completion of routes?
19' A (Donovan) That's correct.
20 Q And was that due to the comments you got on the 21 review that you deleted the times to complete the routes?
. 22 A (Donovan) No.
23 Q That was a decision-you made as the person in 24 overa11' charge of preparing the report; is that right?
25 A (Dono' van) This is a decision I made.
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m DONOVAN - CROSS 22113 1 'But the reason the times are put in, in the first 2 place, is because I discussed with the State of New 3 Hampshire whether they thought the times would be of value
- 4. to them. And they initially said, yes, let's have a look at -
5 them. So I said, I would include them in the draft report. ,
6 Our following conversations were that the times, 7 they felt, produced no additional information.
8 Secondly, since some of the routes were run with 9 buses the times would be baced on the bus travel time.
10 Other routes were run with cars, so the time as a comparison 11 basis wouldn't be the same because vehicles of different 12 size can travel at different speeds.
13 Thirdly, there is no requirement in our evaluation 14 process to capture the times of the routes, because there is 15 no specified time in the plan to evaluate them against.
16 So in that regard, again, it was something that 17 was captured. We discussed with the state whether they 18 thought it would be of interest. And in the final review 19 and edit I determined, from their comments, that it war not
}
20 of value and from my perspective it created information that l
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21 was not readily comparable from one route to another; and 22 that therefore, no value. .
23 Q In other words, if a route was completed, as far 24 -
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1 complete that route; is that true?
2 A (Donovan) You used the term " FEMA evaluator." j 3 They were instructed to collect the times, which is above 4 and beyond what our' evaluation process called for.
5, They didn't make a decision whether it was of 6 value or not. I asked for the times to be collected just to 7' tisfy my personal interest in looking at the times.
8 So I don't know if that's a true statement, 9 because I haven't asked any specific FEMA evaluator about 10 their opinion in the times. ~
'll Q Let's look at the route number 5, which'is at the 12 top of page 167 on Exhibit 43 A, the final report.
13 JUDGE SMITH: Exhibit 43 F.
(m 14 MR. BACKUS: Exhibit 43 F.
(
N 15 Thank you, Your Honor.
16 17 18 l
19 20 ,
21 22 23
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q DONOVAN - CROSS 22115 !
-. j 1 BY MR. BACKUS:
2 Q That road is designated Rockingham TSA to South 3
3 Hampton LSA, correct? j 4 A (Donovan) Yes, it is.
- 5 Q Now the Rockingham TSA, that's the state ,
6 transportation staging area at the Rockingham County 7 complex; is that right?
8 A (Donovan) That's right.
9 Q And the South Hampton LSA, that would be the local 10 staging area in the Town of South Hampton; is that right?
11' A (Donovan) That's right.
12 Q And the evaluation there is completed with 13 controller intervention, correct?
14 A (Donovan) That'- correct.
15 Q Now, first of all, what does that mean when it 16 says completed with controller intervoation?
17 A (Donovan) It means that the controller had to 18 intercede with the participant, in this case the person 19 driving a vehicle, in order to get them to their designated 20 location. ,
21 As we discussed the other day in your absence on 22 the role of a controller versus an evaluator, the controller .
23 overrode a participant's actions that was to be done after i 1
24 it was discussed with the evaluator. '
25 And our instructions to our evaluators were if the Heritage Reporting Corporation (202) 628-4888
DONOVAN -' CROSS 22116 controller assisted'or interceded _in order.to ensure that
[)]
1,
'2
_the participant achieved their task, then we were not going l l
3 ,to give credit for that as a completed successful
- 4 demonstration, and they were to acknowledge, j l -
l 5 And the terms we used in this exercise report to !
6 describe that is " completed with controllcr intervention". l 7 So that the term means that the controller at some point 8 stepped in and gave in this case instructions to the driver 9 of the vehicle as-to how to arrive at the South Hampton LSA.
10 Q Now I know you have discussed the role of 11 controllers and I am certainly not going to repeat that.
12 But it's my understanding that controllers are a part of the 13 exercise.' And in the event of an actual evacuation, if
.f 14
.i there was really a nuclear accident, there would not be
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15 controllers there.
16 Is that right?
17 A (Donovan) That's correct.
18 Q And the gist of what you are saying, I think, and i
19 I'll ask you if this is a fair summary, is that where you 20 see in this report " completed with controller intervention", ,
21 that means that there was a -- the driver had some sort of a 22 problem where the controller had to intervene and provide 23 assistance or indicate that the driver was not doing a 24 successful job, right?
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25 A (Donovan) That's correct. Basically it means --
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DONOVAN - CROSS 22117 1 well, I. don't know whether the driver is not doing a 2 successful job or not. It means that the controller
. 3 intervened in some fashion and gave the driver instructions 4 to get them either back on route or get them to their -
5 destination. ,
6 Q And my understanding is that the instructions to l 7 controllers were that they were not to assist the players 1
8 unless some situation, maybe presenting a danger or 9 something like that came upp is that right? ,
I
[ 10 A (Donovan) That's one part of their instructions.
11 I think also it would be inferred that if obviously the 12 person was obviously - person in this case being the 13 participant -- was going in the wrong direction and did not 14 recognize -- the instruction to the controllers were to 15 allow participants some opportunity for self-correction.
16 But at some point they should intercede. And if they 17 intercede, first before interceding they would check with 18 the evaluator to ensure that the evaluator felt there had
, 19 been sufficient opportunity for self-correction. So the l
20 controller could intervene in this case.
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21 If it was a question of safety, then the 22 controller was to intervene because safety was involved. .
23 JUDGE SMITH: Where safety was not involved, what l
24 benefit to the exercise was there in interceding?
l .
25 THE WITNESS: (Donovan) If the Extent of Play O
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, [\ l' described --
2 JUDGE SMITH: So that you could have exercise 1 1
13 ' downstream.
1 i - 4 THE~ WITNESS: (Donovan) Other events racur, and
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5: this particular route that he's drawing your attention to'I r 6 don't.know'if.he's going to bring it out in further 7 questions, but thisiparticular driver got lost.
8 ' JUDGE SMITH: So this is the opposite side of the 9 coin which you testified to earlier that where a successful l 10 action would have stopped the exercise, you nuliify that.
11 This is the opposition portion of the same thought.
12 THE WITNESS: (Donovan) Right.- And this is why I 13 said earlier we want to intercede to ensure that other 14 things are given an opportunity for demonstration. And in 15 this case this is an example of that type of action.
16 ~ JUDGE SMITH: But you scored it functionally as a 17 -not complete.
18 THE WITNESS: (Donovan) That's correct.
19~ MR. BACKUS: Not complete? I'm sorry.
20 , JUDGE SMITH: That would be the, credit givsn would 21 be not complete as I understand his testimony.
22 THE WITNESS: (Donovan) Or completed with 23'- controller intervention which is shown in the report summary
, 24 on page --
25 JUDGE SMITH: Is functionally equivalent to a not L "-. Beritage Reporting Corporation .
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DONOVAN - CROSS 22119 1 complete.
'2 THE WITNESS: (Donovan) Not complete, that's '
3 correct.
4 BY MR. BACKUS: -
5 Q Mr. Donovan, did I understand you to just agree 6 with Judge Smith that where the report says " completed with 7 controller intervention", that should really be interpreted 8 to be not complete?
9 A (Donovan) His question to me, I believe, is that 10 it is functionally equivalent to not complete. My answer 11 was "yes". But we used the two distinctions in the report i
12 because not complete meant that they never completed 13 anything even with controller intervention or for some other I 14 reasons the route was not completed at all.
15 JUDGE SMITH: But you said they had no credit 16 whatever for completing. i
- j. ;
I 17 THE WITNESS: (Donovan) Right. It is not counted 18 the same as a completed successful demonstration.
19 BY MR. BACKUS:
20 ,
Q Is that disclosed to people anywhere in this 21 report? -
22 I mean, where would you turn in this report to ,
23 find out what Judge Smith just brought out that completed is 24 the functional equivalent of not completed.
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25 JUDGE SMITH: No, no, no.
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-1 S MR. DIGNAN: No, no. Completed with controller
- 2. intervention,.Mr. Backus.
' ~
3 BY MR. BACKUS:
4 Q ;ompleted with controller intervention -- thank 5- you - .is the functional' equivalent of not complete. Where 6 would you find that out if'you read this. report and didn't 7 havo the benefit of Board questioning?
A' (Donovan) 8 Well, I would have thought it would-
-9 have been' obvious.
110 Q Well, where?
l 11 A (Donovan) The fact that we did nc,t count them as -
12 complete would -- and the fact'that we created a separate 13 category for.them to me would have led the reader to
. 14 conclude that we did not count them as a completed route.
15 To take the opposite of your inference, if we had 16 counted these routes as completed, we would not have had a. -
17 category of completed with controller intervention.
18 BY MR. BACKUS:
19 Q Well, isn't it a fact that nowhere in this report 20 'does it indicate that completed with controller intervention 21 has that meaning?
22 MR. DIGNAN: But a great judicial mind was able to 23 discern it anyway.
24 THE WITNESS: (Donovan) Page 172 it says of the
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25 98 scheduled route demonstrations, that's what the Extent of Beritage Reporting Corporation (202) 628-4888
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DONOVAN - CROSS 22121 1 Play called for, four were cancelled, leaving a total of 94 2 route demonstrations. Sixteen routes were run with ,
4 3 controller intervention and/or. local population assistanoe.
4 Seven routes were not completed and 71 routes were -
5 successfully completed. .
6 Again, we created a separate category and it 7 obviously, to me, would be deduced by most readers that 8 completed with controller intervention does not equate to 9 being successfully completed.
l 10 BY HR. BACKUS: .
11 Q In the draft report that run is described with a 12 bit more text, is it not, Mr. Donovan?
13 It says, and I ask you to read this along with me 14 to see if I'm reading it correctly. " Completed with 15 controller intervention (on second attempt) . Returned once 16 to Rockingham TSA after getting lost and calling TSA. Time 17 to complete 131 minutes."
18 A (Donovan) That's correct.
19 Q And all of that text, except for " completed with 20 controller intervention" was left out of the final report.
^
21 Is that right?
, 22 A (Donovan) That's right. .
l 23 Q How far is it from the Rockingham transportation 24 staging area to the South Hampton staging area?
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25 A (Donovan) Well, as the crow flies I would guess l
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a DONOVAN - CROSS 22122 1 lit.would be in the vicinity of 15 miles. I don't know what
{" '
2 .' the route miles are.- But just using the map as_a judge 3 behind me that shows'the -- this is,the South Hampton l o --- 4 ; ' vicinity somewhere in here,-and dispatch somewhere in the 5 vicinity out there. Using the fact that this is from here
(- 6 to here is 10 miles, then I would approximate this is in'the L
7~ vicinity of -- linear distance on the map,.approximately 15 J- -
8 miles. 'I don't have the exact measurement available.
- j. 9 Q Jutd the time to complete that with the.g.srson 10 getting lost was two hours and 11 minutes; is that right?
~11 A- (Donovan) Well, again, here is a clear case where 12 the time makes no significance. The driver missed an 13 instruction and proceeded on to a point.where she*obviously j_ 14 deduced that she was lost. And I'm using the female tense 15 since he knows, based on our previous conversations of the 16 subject, that this particular driver was a female.'
17 She placed a phone call on her own initiative back 18 to the staging staging area, and was instructed to return to
'19' the state staging area and then reattempted to run the 20 rout,s. And as the report indicates, did not complete it 21 successfully the second time.
22 But in this case the evaluator tracked the total 23 time. And in reality, the evaluator should have backed up, 24 if time was to be of essence, and should have restarted the
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25 clock with the second route attempt initiation.
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DONOVAN - CROSS 22123 1 Q You would agree that's something.you couldn't do 2 in an actuai emergency and back up and start the clock '
3 again, wouldn't you, Mr. Donovan?
4 A (Donovan) That's correct.
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5 2 Was this particular route driven with an actual ,
6 bus?
7 A (Donovan) Yes, it was.
8 MS. DOUGHTY: Your" Honor, I-wasn't sure whether 9 you had a copy of the draft report available. But we have t
-10 just been supplied another copy by the Mass AG's office.
11 And if you would like to look on the draft report, we could 12 provide this copy.
13 JUDGE SMITH: Well, so far Mr. Backus is making it 14 quite easy to follow the line of questioning.
15 MS. DOUGHTY: Okay. It's available here if you 16 would it.
17 JUDGE SMITH: It just would add one more document 18 that I could lose on the top of my table here. If I need 19 it, I'll ask for it.
t
(
20 MS. DOUGHTY: Okay. ]
21 BY MR. BACKUS:
I 22 Q One other thing, Mr. Donovan, on the controller .
23 intervention.
i 24 Nould the controllers in this exercise have '
25 intervened -- well, strike that. Let me back up.
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1 Some of these. people, as I understand it, and some !
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.2 of these buses had the task during this exercise of running 3 more than one route / is that correct?
4 A (Donovan) That's correct.
5 Q If a particular bus or driver, or vehicle or 6 driver was needed to do a second route and because of 7 problems say such as this one of somebody getting lost and 8 being two hours over time, would the controller be 9 authorized to intervene and say, hey, we need to get this 10 bus back to do another route?
11 Would that be an occasion for controller 12 intervention? ,
13 A (Donovan) On a hypothetical level, it could be.
[h
( } .14 However, I don't believe -- well, I can't say.
15 But I' don't believe that such overrides occurred.
16 Q Now as you look at the final report, Mr. Donovan, 17 it's in fact the case that none of the routes in Hampton 18 Falls were completed / is that correct?
19 (Witness reviews document.)
20 A (Donovan) You are referring in the final report
- 21. to page 169, Routes 45 through 48?
22 Q Right.
t 23 A (Donovan) Well, the answer is that's correct, 24 none of the routes were completed except Route 49. Routes 25 45 through 49 were to be demonstrated by one driver and.pne
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1 vehicle. And the two attempts indicated by Route 45 and 46, l 2 the driver did not complete. Route 47 and 48 were cancelled 3 at the mutual' determination of the evaluator and the 4 controller. However, the driver did complete Route 49 .
5 successfully from Hampton Falls LSA to the Dover reception l 6 center.
7 Q All right. And that was a route out of town to a 8 reception center, right? ;
1 9 A (Donovan) That's correct.
10 Q With regard to the South Hampton routes, which are 11 Route 6 and 7 on the final, it would indicate that neither 12 of the South Hampton routes were successfully completed; is 13 that correct? l 14 A (Donovan) That's correct.
15 Again, Routes 5 through 7 were to be demonstrated 16 by one driver and one vehicle. We have already talked about 17 Route 5 being completed with controller intervention. Route 18 6 was completed with controller intervention. And Route 7 19 was -- the route was cancelled.
20 Q So we have two of the 17 communities in New 21 Hampshire in which routes were not completed with the -
22 exception of the route from Hampton Falls to the reception .
23 center. Well, let me back up and strike that.
24 It's also trae that no routes were run from the
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.1 [right?- -
q 2 A Well, those are the routes we just discussed,
'3. Routes 5 through 7. .
L. - .
4 Do you want me to answer'the question twice?
l 5- 'Q Well,'in other words, the exercise did not call I
6 for.any route to be run from the South Hampton local LSA, 7- transportation staging area to a host community.
8 -
A (Donovan) That's-not correct. I don't know what 9 you mean.
10 Q Well, didn'tLyou attempt to run buses, as you just 11 pointed'out from Hampton Falls,.from the local communities, 'i 12 ~their. local' transportation areas to the host communities?
'13 A (Donovan)' Yes, we did, but we had multiple -
14 ;' opportunities for those routes to be demonstrated.
- 15 Q My only question was, in regard to the Town of 16 South Hampton there was no attempt to run a route from the
.17' town to take evacuees to their designated reception center, 18 was there?
19 A (Donovan) Let me examine my report before I
-20 answer that.
21' Q Sure.
22 (Pause . )
23 24 -
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1 THE WITNESS: (Donovan) In objective 19, which is 2 the routes that were r'un in schools and day care centers, 1 I
3 there were routes that were run from the Southampton LSA to !
l 4 specific schools and then to reception centers. ~)
5 In their normal routing, like I said, there were ,
6 multiple demonstrations of some routes. And in this case 7 there were routes run, but not d.n this particular section in 8 the report that you're referring to.
9 BY MR. BACKUS:
10 Q So it would appear from review of your final 11 report, understanding completed with controller intervention 12 is not a successful completion, that two of the 17 New 13 Hampshite communities did not have their routes -- any of 14 their routes -- successfully demonstrates; is.that correct?
15 Again, with the exception of the fact that the 16 route out of Hampton falls to the reception center, with 17 that exception?
18 A (Donovan) That's correct.
19 But again, these routes were -- the Extent of Play 20 called for one driver and one vehicle to demonstrate these
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l 21 routes. And you have singled out, as the report 22 acknowledges, that routes were not run in these communities -
23 successfully.
f 24 Q And what criteria did you use for judging a l ~
25 success,ful demonstration of this objective, objective 18, in l l
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DONOVAN - CROSS 22128 7s
( j 1 terms of demonstrating successful completion of routes to a V 2 certain percentage? -
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3 A (Donovan) The objective covers routes for three 4 groups, as I previously described.
5 In terms of the special facility routes, all the 6 special facility routes were successfully completed or 7 completed with controller intervention.
8 There were seven routes for hospitals that were 9 successfully demonstrated. There were eight routes for 10 nursing homes, seven were completed. One with controller 11 intervention. And there transportation routes scheduled 34; 12 11 were completed with controller intervention -- 34 were 13 completed successfully; 11 were completed with controller I
(w.) 14 intervention; and three were not completed. -
15 JUDGE SMITH: That's confusing the way you're 16 .doing that. It seems that you are giving -- you're 17 including the controller intervention completions in the 18 completed number and then subtracting; is that correct?
19 or is the first number you're giving those 20 completed? .
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21 THE WITNESS: (Donovan) Solely completed and
. 22 controller intervention.
23 He asked me a question and I was trying to explain 24 my rationale and judgment of the process.
25 _
JUDGE SMITH: I think if we were to look at the
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! DONOVAN - CROSS 22129 j 1 transcript we would see -- at one time you said, X number 2 were completed. Of those, I thought you said, so many with j i
3 controller intervention. I
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4 How about doing it again.
5 THE WITNESS: (Donovan) Okay. .
6 JUDGE SMITH: Precisely distinguishing between 7 complete and those that you categorize as incomplete.
8 THE WITNESS: (Donovan) Yes, I will be happy to 9 do it that way, Your Honor.
10 Three groups of reutes. The routes from the state 11 staging area to the local staging area, Extent of Play as 12 reported in the exercise report called for 26 routes. 22 13 were completed successfully. Three were completed with 14 controller intervention. One was not completed.
15 Now the transit-dependent routes, now these are 16 kind of like cloverleafs going from local staging areas in 17 the 17 communities. 34 were successfully completed. 11 18 were completed with controller intervention. And three were 19 not completed.
20 The special facility routes -- these are routes 21 from risk facilities, in these cases hospitals and nursing 22 homes to host facilities -- 17 were completed. One was -
23 completed with controller intervention. And there was no 24 unsuccessful.
25 ,
There was an addition two routes in the 98 that's
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DONOVAN - CROSS 22130 1 listed in this objective: one was to a homebound _ individual,
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2 '
and that was completed with controller intervention. And 3 one route was just to a risk facility which is route 80,
. 4 which I didn't add on the other totals because they didn't 5 run the other half of the route.
6 JUDGE SMITH: I think the record is clear on this.
7 But I think again you departed from the logic. And that is, 8 a completion with controller intervention you do not regard 9 as a successful completion?
10 THE WITNESS: (Donovan) That's correct.
11 I create a separate category and reported it 12 separately.
13 The thing that was missing from our exercise and 14 the thing that we weigh into our balance in a real (L )i 15 emergency, first of all, access and traffic control points 16 would be staffed by state and local officials.
17 Number two, for the transit-dependent routes 18 members of.the public would obviously be getting on these 19 buses. Now obviously, in our exercise we don't involve the 20 public. And in this exercise the Extent of Play did not 21 call for all of the access and traffic control points to be
- 22. staffed.
23 The training program for the bus drivers or 24 vehicle drivers -- since not all of them may be driving 25 buses -- says'to them, if they get -- cannot read the map
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DONOVAN - CROSS 22131 1 and get lost, they should use their self-initiative to find 2 their way.
3 And one of the. ways, like any person who is a 4 cotorist does is, they stop and ask people if they can find -
5 -- for help. If a person views their initiative, and we .
6 defined a category in our report and we said local 7 assistance -- if they use local assistance they, in fact, 8 are doing as they are trained to do. And in that case --
9 here was a case where the controller didn't intervene.
10 Like I said, we had dome cases where people 11 stopped their vehicles and went to a gas station or someone 12 that they can see that they felt would give them the 13 directions.
14 In this case, we didn't -- some people explored 15 and used their initiative to receive instructions. With the 16 transit-dependent routes, like I said, the missing thing in 17 that aspect was the fact that: one, they didn't pick up any 18 public - public that they would have picked up, by l
19 definition, lives in those communities and conceivably the 20 public could have assisted the drivers in successfully
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21 completing their routes.
22 And two, obviously, there would have been staff at .
23 access and control points that could have given these bus l
24 -
drivers additional instructions.
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25 So we factored all that into our analysis and
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- [- 1 concluded it,-as the report states, as a successful
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-2 demonstration.
3 In this case we are testing the tools that are
. 4 contained in the plan. The ability to identify resources.
5 To mobilize resources. To deploy these resources to staging 6 areas at state and local levels. And then to give these 7 resources tools to achieve their mission.
8 So we were attempting to verify in our exercise 9 process the tools. In this case we attempted to verify l'y 10 requiring to the Extent of Play that every route identified 11 in their plan be demonstrated.
12 So we were looking at th'e tools to be used. And 13 as our report so acknowledges we felt there was two issues:
O one is that the tool, the basic tool -- one of the basic
(%.)) 14 15 toolsi the maps, needed enhancement. And that work has been 16 completed.
17 And the report acknowledges in the back called 18 " Schedule for corrective actions," and there is a separate 19 report that's been submitted that the status of corrective 20 actions with FEMA's report to the Nuclear Regulatory 21 Commission in December, acknowledging the status of 22 corrective actions. And they have completed and upgraded 23 the maps and the meps are in the process of being printed.
24 The other aspect of the report acknowledges that
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DONOVAN - CROSS 22133 1 training. And the training could be imparted at several 2 levels.
3 Br MR. BACKUS:
4 Q Well, that leads me back'to Southampton Route 2.
- 5 We hae spent some time talking about Southampton Route 1. ,
6 Southampton Route 2 is number 7, and the text on 7 that -- this is on page 167 of Exhibit 43 F.
8 It says: "Not completed, route canceled,"
9 correct?
10 A (Donovan) Yes, it does.
11 Q And in the draft report that same route which is 12 on page 211 says -- I got the wrong one here.
13 MR. DIGNAN: Your Honor, may I make an inquiry?
14 -
If the purpose of this cross is to go through and 15 point out everywhere where the draft differa from the other, 16- and I assume to argue from the.t that there was something 17 wrong, why don't we just put the draft in evidence. And 18 then all the arguments everybody wants to make about things 19 that were taken out can be made. Instead of this 20 painstaking godAg through and reading and having the witness
^
21 acknowledge changes.
22 MR. BACKUS: I would be delighted, but I don't .
23 have enough copies of the draft. It's a pretty bulky 24 document.
25 ,
JUDGE SMITH: Well, you can stipulate --
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Q -2 1 MR. BACKUS: That's one practical problem, if somebody wants to furnish copies, if FEMA has got them, we-
[ 3 .would be happy to.
'4' . The other thing is, I think I need to explore the
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5 reasons for the changes and not just the existence of these n
6 changes.
7 MR. DIGNAN: Forget my suggestion, Mr..Backus, 8 roll on. Obviously, you want-to do it that way.
9 MR. BACKUS: All right.
10 BY MR. BACKUS:
11 Q I'm sorry; That did give me a chance to correct 12 myself. I wanted to talk about Southampton Route 1, which 13 in the final report says: " Completed with controller 14- intervention," that's No. 6.
15 -And on the draft report the text says: " Completed 16 with controller intervention (general confusion, driver 17 'causes accident ' forcing private vehicle off road) time to
'18 complete 78 minutes."
19 Correct?
20 A (Donovan) That's what the draft report says; yes.
21
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Q And as obvious, all the text describing the 22 accident is left out of the final report; is that correct?
23 A (Donovan) That's correct.
24 Q Now, as you previously heard, you were present
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DONOVAN - CROSS 22135 1 year; correct? ,
2 A (Donovan) That's correct. '
3 O And you recall that Mr. Creamer said that the j 4 accident resulted from a driver of a bus attempting to read .
)
i 5 a map and inadvertently going out of the travel lane of the 1
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6 road and forcing a car off the road; is that correct?
)
7 A (Donovan) That isn't my exact recall.
8 Q Well, what do you recall about that accident?
9 Did it happen when a driver was attempting to read 10 a map or not?
11 A (Donovan) I recall that a vehicle behind the bus 12 went off the road. There was no physical contact between 13 the two vehicles.
14 I would have to look at the deposition for 15 anymore. Mr. Creamer, also, I believe in the deposition 16 stated --
17 JUDGE' SMITH: We get into trouble when we do that.
18 THE WITNESS: (Donovan) Okay.
19 JUDGE SMITH: He is using references to the 20 deposition to bring your attentica to evoke your own memory 21 and not your memory of the deposition. Your own memory of 22 the events. ,
, 23 THE WITNESS: (Donovan) My perspective is, first 24 of all, that such language doesn't belong in an exercise
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25 report. The thing that we're interested in, was the r6ute Heritage Reporting Corporation b'j (202) 628-4888
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(} .1 completed. Was the route not completed. And that is what
'- 2 we' re attempting to . evaluate.
3 We were evaluating the tools offered to responders
- 4 to do their jobs. And the ability of the responders to do
'5 their job.
6 In this case, the record is correct between the 7 draft and the final, the route was completed with controller 8 intervention.
9 BY MR. BACKUS:
10 Q Is the draft also correct that there was general 11 confusion and the driver caused an accident by forcing 12 a
'nother driver off the road?
13 A (Donovan) I have no factual basis to say that
/'
( 14 that is correct.
\
15 Q Do you have any factual basis to say that that is 16 incorrect? .
17 A (Donovan) I believe, as I indicated to you in,my 18 deposition to you, that I investigated by talking to several 19 of the evaluators who indicated to me there was no physical 20 contact between the two vehicles. And that to their
- 21 knowledge, there was no accident report produced by law 22 enforcement people. And based on that -- and again, I 23 attempt when I produce a document that I'm accountable for, 24 to eliminate opinionated statements and to eliminate
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25 statements that are not substantiated by fact or that are
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I 22137 DONOVAN - CROSS 1 not relevant.
2 Q You told me in y6ur deposition, did you not, Mr.
3 Donovan, that you thought under New Hampshire law the 4 definition of an ac-ident required two vehicles to collide; -
5 isn't that right? ,
6 A (Donovan) Something to that effect; yes.
7 Q Is that still your opinion of New Hampshire law?
8 A (Donovan) No. I'm not claiming to be an expert 9 on New Hampshire traffic law. I'm not even an expert on 10 traffic law in the state that I live in.
11 It's just my layman's interpretation. If I had 12 read this -- when I read the sentence in the draft was that 13 there was an accident involving two vehicles coming into 14 contact with each other.
15 And when I investigated it, I found out that was 16 not the case. Furthermore, as I indicated, ,I didn't think 17 the information was essential; and hence, should,be included 18 in a document that we produce.
19 OUDGE SMITH: Now we don't have Mr. Creamer's 20 testimony. The draft is available. I think we probably 21 have a situation where the language of the draft should be 22 presumed to be correct on the circumstances where it was .
23 changed, not because of a finding that it was incorrect, but )
24 because of editing purposes.
1 25
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Why don't you just offer the language that was Heritage Reporting Corporation .
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DONOVAN - CROSS 22138 y] 1 there and let's move on, because I don't think you're 2 getting anything.
3- MR. BACKUS: All xight.
4 JUDGE SMITH: And you're running out of time, 5 really.
6 Are you. coming back Monday?
7 MR. BACKUS: No, sir.
8 -
JUDGE SMITH: Well, you're running out of time. .l 9 JUDGE SMITH: You're breaking, as I understand it, 10 sometime 11 o' clock?
11 JUDGE SMITH: Yes, about 11:15 or soon thereafter.
12 MR. BACKUS:- That's fine.
13 Thank you.
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DONOVAN - CROSS 22139 1 BY MR. BACKUS:
2 Q I just want to pick ,up on one thing that arose 3 from the comment that Judge Smith made.
4 Is it correct to say that the change as to this -
5 route between the draft and the final is based on an editing 6 change, not on a different view of the facts?
7 A (Donovan) I thought I gave you my rationale.
8 .
I could not substantiate that that was factual, 9 but also I would have edited it out regardless of whether it 10 was factual or not.
11 Q All right. Let's look ---
12 JUDGE SMITH: Did you get all the buses back? Did 1
13 that lady ever get back with her bus? '
14 THE WITNESS: (Donovan) She got back to the i 15 staging area, yes.
16 MR. BACKUS: Mr. Creamer's deposition discusses 17 that, Your Honor, if you ever want to read it. I believe he 18 indicated that she no longer continued with the exercise.
19 BY MR. BACKUS:
20 Q Let me turn to page -- well, Seabrook Route 2, l 21 which is on page 168 of the final report, Route No. 41, and -
l 1
22 the text there is simply " completed", correct? .
1 23 ,
A (Donoven) That's correct.
R24 Q And on the draft report it appears at page 213 and 25 it says Seabrook Route 2, and I'll just quote it.
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1 DONOVAN -~ CROSS 22140' If JUDGE. SMITH: Now this'is a good point.. He is 1(
'2- going to' quote-it and we are going to - that-will be
- 3. .available1 for proposed findings as evidence.
. 4 :MR; DIGNAN: Of what?
S' JUDGE SMITH:. Of what the-draft says.
3
-6' , MR . DIGNAN: I. agree.
7 MR. BACKUS: Okay. '
t8 MR. DIGNAN: I was just trying to shorten thinga 9 up and put the whole' thing-in.. Then the whole thing is 10 -available for findings.
11- JUDGE SMITH: . I think this works out pretty well.
12 It wil1~be right here in context.
13 .MR. BACKUS: If somebody can make it available, I 14l have'no objection.
15 BY MR. BACKUS:
9 16 Q Going back to the draft again. " Completed (much 1
'17 conf 7.sion over maps -~, missed many turns) Time to complete, 18 '- :61 minutes."
- 19. Is that what the draft says, Mr. Donovan?
20 A (Donovan) That's what the draft says, yes.
. 21- Q And, of course, as we have just pointed out, all 22 of the text other than the word "completad" is omitted from 23 the'. final report; i.s that correct?
x 24 A (Donovan) That's correct.
25 Q And again, is that due to your editorial choice
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DONOVAN - CROSS 22141 1 that this material snould not be included? l 2 'A- (Donovan)
Yes.
! 3 MR. DIGNAN: Your Honor, at this point I guess I'm 4 going to insist, at leas?. in this context since the Board -
5 Las said this would be available for findings, that Mr. .
6 Backus offer into evidence or read into the record, I don't 7 care which, all of 210, 211, 212, 213, 214, 215, becaues 8 what will be left is a record of only the ones that took a 9 long time or had a problem, and there is a legion of them in l
10 there where the time is short and there weren't any 11 problems. And I don't want an out-of-context record that is l 12 offered to our proposed findings so that I'm faced on appeal 13 with the only evidence with respect to buses was that they 14 all-took two hours and half of them --
15 JUDGE 'YTTH: Well, Mr. Dignan, you will have your 16 opportunity, won t you?
17 MR.,DIGNAN: All right, then I will read it in on 18 redirect. Fine.
19 JCOGE SMITH: If you want to offer the draft, I'm 20 sure copies can be made available.
( 21 Can they?
22 MR. BACKUS: Sounds like a good solution to me, ,
j 23 Your Honor.
l 24 JUDGE SMITH: Yes.
25 ,
MR. DIGNAN: I have the draft of August 2nd.
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DONOVAN - CROSS 22142 4
f 1- MR. BACKUS: 'I just don't have the. capability..
,(
'2 MR. DIGNAN: I don't.have the draft of August 3 12t
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4 MR. BACKUS: We have testimony that they are.the 5- same'as to New Hampshire, I.believe.
6 JUDGE' SMITH: Is our concern here the bus routes?
7 7 MR. DIGNAN: My' concern is very simple. -l i
' 8 -- JUDGE SMITH: Now wait a minute. We've got a big.
9- document here.
10 Is the concern here the bus routts? Is that the 11 . subject matter of your cross-examination this' morning?
L 12 MR. BACKUS: Yes, in large part; not entirely.
13 JUDGE SMITH: Well, why don't we just --
14 MR. BACKUS: Yes.
15' MR. DIGNAN: My-specific concern at this point, 16 Your' Honor, especially since yeu*have taken the position, 17 which I don't disagree with, Your Honor, that he having read 18 ,
this in and because it is reliable and so forth anc so on 19 unless the witness ~says differently, that a proposed finding
.20 can be made on the basis of this one route.
-21 JUDGE SMITH: Right.
22 MR. DIGNAN: And all I am trying to is to put the 23 whole --
24 JUDGE SMITH: I understand.
-25 ,
MR. DIGNAN: -- bloody list in so that we can go
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1 up to the Court of Appeals or wherever we are to go and say, 2 look, Judge, 80 percent or whatever it was -- j i
3 JUDGE SMITH. I got you. I got your point. Now 4 we have got a mechar cal problem. We don't have the draft.
1 5 But we do br- .et's don't have another large document 6 into evidence.
7 Wait until he gets done with his testimony and 8 than we will reproduce the pages that they have and put them 9 into evidence. Somebody will. You want them in? You do.
10 MS. CHAN: Your Honor, if it could be cound in i
11 today's transcript and it will travel along with the 12 testimony.
13 JUDGE SMITH: That's very good. Let's do that if 14 we have clean pages available to do that. <
15 Do you have that, Ms. Doughty?
16 MS. DOUGHTY: .The Mtss AG has a copy here of clean 17 pages.
18 JUDGE SMITH: Well, would you mind giving those to 19 the reporter to bind into the transcript?
20 MS. DOUGHTY: We need to xerox them first out of 21 this draft. But sure, we could do that at some point, 22 hopefully today if there is xeroxing capability in this .
23 office.
24 JUDGE SMITH: Well, it can be done -- they won't
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25 have time.
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l DONOVAN - CROSS 22144 l': MR.'DIGNAN: I'm'saying if we could have the Mass
_[
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'\ 2 .AG's,-I'11-mark the pages and Ms. Wardlow could get it 3 ' reproduced now.
. 4 JUDGE SMITH: All right.
5 MR. BACKUS: Great.
6 JUDGE SMITH: Now whatever page are you going 7 to --
8 MR. DIGNAW:; I want to number the pages, Your 9 ' Honor..-I sent the whole thing on the bus routes. At least
'10 in the version'I've got it starts at 209'and runs to --
11 MS. DOUGHTY: Probably we should have the --
12- MR. BACKUS: Well, can I suggest we start at 13 Objective 18 and 1G.
14 MR. DIGNAN: Yes, the whole objective if that's J
15 what you want. -What I am interested in is having all the.
16' bus runs in. I mean if we are going to play this game, 17 Ilet's play it all the way.
18 MR. BACKUS: Which would be 206 through 233.
19 MR. DIGNAN: You've got a different version that I 20 have, Bob. That's the problem. I've got to see the ,
- 21 document.
22 MR. BACKUS: Okay. ,
1 23 MS. CHAN: Can we go off the record for a second, 24 Your Honor?
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25 (Discussion off the record.)
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DONOVAN - CROSS 22145 1 BY MR. BACKUS:
2 Q Ont, more thing on Seabrook Route 2 where the text 3 that was omitted included, "Much confusion over map --
4 missed many turns". -
5 Am I correct that that route would have been ,
6 intended to pick up people needing transportation at !
I 7 Seabrook that*would have been standing on corners based upon 8 maps they would have been provided in their public 9 information materials?
10 A gDonovan) That's a correct assumption. They may 11 not necessarily have been standing on corners, but they were 12 advised that these routes, in the public education material, 13 would be run in the event of an emergency and in the event 14 that an evacuation is recommended.
15 Q And so if a driver has, indse.J, missed many turns, 16 it's a fair inference that he might have missed people that 17 were expecting to be picked up on this route; is that right?
18 A (Donovan) I wouldn't consider that a fair 19 inference because again in reverse, I would expect that the 20 people that he would pick up would assist him if he had 1
21 problems following the map, and he would be running the 22 route more successfully, because he would have assistance of '.
l l 23 his passengers.
I 24 Q All right. But if in fact as in this exercise he 25 had missed turns, in addition to missing turns he might miss Heritage Reporting' Corporation .
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/'"} 1 people.
2 Isn't that true?
3 A (Donovan) Well, the text that you ran into, the
. 4 record of this testimony, I would interpret because the 5 evaluators scheduled the route completed, that despite the 1
1 6 fact he missed turns, he got back on track and he completed 7 the route successfully.
8 JUDGE SMITH: Well, is that your standard that the 9 entire route was traversed, not just he got to the end of 1
10 the route.
11 Was that your standard?
12 THE WITNESS: (Donovan) Well, again, in this 13 particular case the procedures call for the people to follow p the routes. And so our evaluation concentrated on whether
.'s,; )) 14 15 the tools and the demonstrations dentonstrated that they 16 followed these routes correctly. If they deviated from the 17 routes, in some cases it was shown as not completed even 18 though they may have completed all of the route, but they 19 had missed a segment of it.
20 In this case that he has indicated by referencing 21 the draft report that he missed some turns, but again as 22 I've pointed out, the evaluator said he got back on the 23 route and the evaluator acknowledged that it was completed.
24 Therefore, that his inference, in my opinion, is
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25 not a logical inference because the route was run in a I
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DONOVAN - CROSS 22147 1 completed fashion. So he did not miss any portions of the 2 route.
3 BY MR. BACKUS:
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. 4 Q Do you know, Mr. Donovan, whether the driver of 5 this particular route actually went down every street in .
6 Seabrook that the route called him to do or not?
7 A (Donovan) The driver for this sequence, in the 8 final exercise report, page 168, is responsible for Routes 9 39 through 44. For example, Route 39 says, "not completed".
10 However, he did get from the stage staging area to the local 11 staging area. He took a different route.
12 In this particular case following a route would 13 nd be essential, because he's not picking up people. He's 14 just getting from one location to ancther location. At the 15 one location, at the state staging areas he's given a map to 16 get to the local staging area.
17 When the vehicle is deployed from that location, 18 the vehicles being deployed at a local staging area, until
~19 he gets to the local staging area he doesn't know what his 20 assignment could be. His assignment could be to run a 21 transit route. His assignment could be to run to a school 22 or to a series of day care centers. His assignment could be -
23 to a homebound individual or to a risk facility such as a 24 hospital or a nursing home.
25 ,
So at the local staging area he gets a specific i
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/% 1 assignment and a route to run that assignment. And again, ,
\ l l 2 our evaluation process concentrated on this process that he 3 get from one location to the other. And that location that
- 4 he, based on the assignment he was given by the local 5 staging area, did he successfully follow his route.
6 And where they didn't follow the map exactly, we 7 said it was not completed, or completed, if they completed 8 it with controller intervention.
9 In the case of the transit-dependent routes would 10 be the only example that I could think of where following 11 the route perfectly is required. Because in the other case 12 what is important is to get to the end location to pick up 13 the persons to whom transportation assistance is being g~g
,p ; 1 4 provided.
v 15 But for the purposes of evaluation, as I said, we 16 were testing the tools. So can a driver of a vehicle use 17 this tool and get from A to B. In this case, if it's a 18 transit route, he has maybe a lot of little legs in his 19 route. And our evaluation was -- our evaluators, again, had 20 the same maps that were given to the drivers. And the notes 21 they compiled was did they follow a map or if they deviated 22 from the map, they acknowledged that in 'the report.
23 Q The question, Mr. Donovan, was do you know. And 24 by this I mean, do you personally know if the driver on 25 Seabrook Route 2 actually went down every street that he was
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DONOVAN - CROSS 22149 1 supposed to go. I 2 A (Donovan) Based on the evaluator comments, I f 3 don't personally know. I was not in that vehicle.
4 Q Okay, thank you. - l 5 A However, I have a management system in which .
6 evaluators report back, and I rely on that system unless 7 other evidence is provide'd elsewhere.
8 Q And you have been clear, I think, I want to 9 confirm it, that it was your decision to change the 1
10 description from the draft report, with this additional 11 text, and just leave it as " completed" in the final report, 12 right?
13 A (Donovan) I didn't change the description. I 14 deleted a portion of the text.
15 Q Right.
- 16 A (Donovan) The description of whether it was 17 completed or not completed. In this case the description l
18 " completed" remains the same.
19 Q Now the next section, and you previously adverted 20 to this, is the number of routes from schools, day care
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21 facilities as part of the exercise. Those are covered, I 22 think, in the final report starting on page 173; is that .
l l 23 correct?
l 24 A (Donovan) Yes, but we have issued an errata to 25 that. It was distributed Monday to the Board and to the l
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.t 7Nt 1 members here.
2 Q Okay. I wanted to direct your attention to Routes 3 78 and 81. Seventy-eight, Portsmouth LSA to Jones School;
. 4 81, Portsmouth'LSA to Portsmouth High School. Both 5 described as "comoleted", correct?
6 A (Donovan) Okay, this would be an errata which is 7 marked ac Attachment B to my testimony. It was put into 8 evidence this week. And it will be found on page 178 of the 9 errata.
10 And your question was 78 and 817 l
11 They are both shown as completed. l 12 Q And they are shown that'way on the errata sheet as 13 well, are they not?
,e
! 14 A sj j .(Donovan) That's correct.
15 Q And yet in the draft report both those routes are 16 described as "not completed", correac?
17 A (Donovan) I haven't found the page yet.
18 Q I think it's on page 230 of the draft report.
'19 A (Donovan) That's correct.
1 20 Q In both cases the text describing those two rot.ces 21 says, "Not completed (vehicle problems) " .
22 Right?
23 A (Donovan) That's correct.
24 Q Now was this a change that was made as a result of
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25 a reviewer comment?
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DONOVAN - CROSS 22151 1 A (Donovan) There was three efforts. First of all, 2 again to repeat, it was not my intention that this draft 3 would have been received by anyone other than the persons to 4 whom I addressed the letters. -
5 If I had envisioned that this draft would have ,
6 been turned over to the Interveners, I would not have .
7 released it at the time I released it.
8 I have stated before that I knew there were 9 certain issues, and this was a working draft. In this case l 10 I received three sets of comments. And as I acknowledged, I l 11 was aware when I mailed the draft and when I mailed the 1
I 12 second draft on August 12th that I was not satisfied with 13 the completeness of the routes described in Objectives 18 14 and 19 for the State of New Hampshire.
15 I received comments from the State of New 16 Hampshire. I received comments from basically the 17 evaluators who were assigned to this function where FEMA 1 18 employees, which we have already discussed earlier this 19 morning, and I took the Extent of Play documents which 20 describe these routes, and I took the logs of the players 21 which were generated at the staging areas to reconstruct to 22 the best of my ability the routes. .
23 , Even when we mailed the report out on August 31st, 24 I knew there were still some errors in this section, and l 25 that was one of the reasons for producing the errata.
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'1 .THE WITNESS: (Donovan) 'But the answer to your 2 question: I received comments through my request for 3 comments from two parties who indicated that the routes as ,
.- 4 they' re contained in' the August 12th draft were not 5 -correctly described as being completed versus not completed.
6 And, I reconstructed on my own effort and I used air three to 7 'try to correct the final version.
8 BY NR. BACKUS:
9' Q So, Mr. Donovan, I gather from that, you say there
'10 was somebody who told you the draft was wrong? !
11 A (Donovan) I' knew the draft was wrong. I was not 1:2 satisfied with the work product.
13 Q I don't mean the draft generally.
/ 14 I mean, with regard to these twc routes I'm 4
15- speaking of?
16 'A (Donovan) Yes.
17 Q I'm not asking an overall question.
18 I'm asking about these two routes?
19 A (Donovan) Well, that wasn't your question.
20 If your question is: did someone point out that )
'21 these routes were incorrectly described in the draft report?
I 22 .The an'swer is, yes.
l 23 Q Who was that? .
24 A (Donovan) I believe I got both comments from the 25 State of New Hampshire and from FEMA Region 1, as well as my
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1 l
2 Q Are there any documents that indicate that a i f
3 reviewer from FEMA 1 or a participant from the State of New 4 Hampshire said, that's incorrect data? -
5 MR. DIGNAN: Mr. Backus, could I inquire? .
6 Are you on page 2307 7 MR. BACKUS: Of the draft, yes.
8 MR. DIGNAN: And that's Portsmouth LSA to New 9 Franklin Elementary School?
10 MR. BACKUS: No. Jones School and to Portsmouth 11 High School. Five up from the bottom and two up from the 12 bottom.
13 MR. DIGNAN: Thank you.
14 THE WITNESS: (Donovan) Your question?
j 15 BY MR. BACKUS:
1 16 Q Well, maybe I should go back to the draft.
17 Let me withdraw that. Let me go back to the 18 draft.
19 Somebody must have provided information for you to 20 create this draft report that these two routes had not been 21 completed due to vehicle problem? "
l 22 '
A (Donovan) That's correct. .
23 Q And would that have come up through this 24 management structure, I understand you have described --
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25 A (Donovan) Yes.
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1 Q -- from a FEMA evaluator that was on the bus or a
- 2 controller to a team leader to the group leader, or maybe I 3 got those backwards, up to you?
. 4 A (Donovan) With the exception of the controller.
5 The order is not important.
6 Yes. A summary was provided to me describing the 7 routes.
8 Q Now if somebody then comes in and says, hey, 9 that's not right, we actually did very well there, there was 10 no vehicle problem; would you undertake some investigation 11 to verify what the fact was?
12 A (Donovan) FEMA's exercise report writing process 13 allows an opportunity for the participants to contest the l s T 14 l
l
[V 15 facts and produce evidence from their perspective.
And until such opportunities are afforded and 16 comments received and reviewed, our report is not and should 17 not be interpreted as a factual statement. ,
18 I received comments from the State of New L 19 Hampshire. I received comments from FEMA Region 1 on a lot 20 of the routes. Some of the comments were received in 21 writing. And I changed the report, to the best of my 22 ability, to ref, lect the comments that were received, as well 23 as my own individual investigations of what routes were 24 completed.
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25 Q Where you were doing what happened here, in doing A
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DONOVAN - CROSS 22155 1 a complete change on the evaluation from "not complete" to 2- " complete," is that something for which you would require 3 documentation?
4 A (Donovan) Normally. -
5 Q Did you in this case? ,
6 A (Donovan) I received written -- I already 7 acknowledged I received written. comments indicating to me 8 that the routes were successfully completed. !
l 9 Q And do you have those?
10 A (Donovan) I believe I do.
11 MR. BACKUS: And I take it, those are among the -
12 things ,for which executive privilege is asserted; is that 13 right, Mr. Flynn?
14 MR. FLYNN: I believe that's the case.
15 MR. BACKUS: All right.
16 MR. FLYNN: I'm not familiar at this moment with 17 the documents. ,
18 JUDGE SMITH: What's the area?
19 What's the question?
20 MR. BACKUS: Your Honor, I had asked Mr. Donovan 21 if when the evaluation was being changed from incomplete and
- 22 to complete, if there was normally documentation to support .
23 that change.
24 JUDGE SMITH: Oh, the general practice.
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25 MR. BACKUS: And he said, yes. l Heritage Reporting Corporation (202) 628-4888
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//]t- ; 1 And then I asked him if.there was documents q j
' kl. 2' supporting this change? {
m )
3 And I think he said, I believe so. l
~4 And then I asked Mr. Flynn if this wa- again, I
5 within the documents for which the agency was asserting j 1
6 executive privilege. I 7' JUDGE SMITH: What change was that?
8 MR. BACKUS: The change of these two routes from 9 Portsmouth LSA to Jones Schools; and Portsmouth LSA to 10 Portsmouth High School, from not complete to complete.
11 On page 230 of the draft and the routes are 12 described as No. 78 and No. 81 on page 178 of the final.
13 JUDGE SMITH: Can you point that out to us?
14 HR. FLYNN: My difficulty is, I'm not sure which 15 documents Mr. Donovan is referring to. J
. I 16 With the Board's permission I would like to 17 consult with the witness.
. I 18 JUDGE SMITH: I just want you to remember now, 19 when we looked at documents for executive privilege we do 20 not intend to protect purely factual submissions and
,. 21 exchanges.
22 MR. FLYNN: I understand that, Your Honor.
23 JUDGE SMITH: Only editing. Purely factual 24 communications were not intended to be protected. l
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25 MR. FLYNN: Yes. The Board has made that clear on I
1
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. DONOVAN - CROSS 22157
'l several occasions.
- 2. (Pause while counsel and witness confer.)
3 MR. FLYNN: Mr. Donovan informs me that the 4 documentation to which he was just referring was the written .
5 comment from the State of New Hampshire. .
l 6 We did not assert executive' privilege on
- 7 communications from parties outside the federal government !
8 or its group of contractors.
9 MR. BACKUS: Has that been produced?
10 MR. FLYNN: I believe it has.
11 BY MR. BACKUS:
12 Q Mr. Donovan, do you have the document that you say 13 led you to change the evaluation of the two runs in 14 question?
15 A (Donovan) I said there was two approaches to
< 16 producing the final version of this text. One was to self-l 17 construct the runs myself on the player generate. 7;terial.
18 The Cther was to respond to comments I received i
l 19 from parties. .
l l 20 And I used both to produce the final version. And 21 the errata that we produced was basically to eliminate the '
22 duplicate runs that are contained in the final exercise .
23 ,
report. And it doesn't change the structure of the final 24 draft or the final report versus the draft.
25 Q Well, you have told me --
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I DONOVAN - CROSS 22158
] 1 A (Donovan) I do not have my comments and my notes
'v} 2 that I used to reconstruct. I do have comments from the
\
]
3 State of New Hampshire.
_ 4 MR. BACKUS: Your Honor, I suggest this would be a 5 factual matter,.not involving any policy or any issue of 6 executive privilege. And if there is documentation which I 7 thought Mr. Donovan said there was that supports the 8 completely different appraisal of these runs between the 9 final and the draft, I would like to have it produced.
10 MR. FLYNN: We have not asserted the privilege as 11 to that. And my understanding is that we have produced it.
12 MR. BACKUS: I'm not aware of it.
13 MR. FLYNN: Is it here?
,,m (V ) 14 15 MR. DIGNAN: The comments, Mr. Backus, among other, I don't know what FEMA did with you, but its been 16 sitting up in the document room for you people, that we run, 17 along with all our comments and everything else. You've had 18 it for a long time. Since like September.
19 MR. BACKUS: Well, you don't have them here 20 anyhow, right?
21 MR. FLYNN: That's correct.
22 MR. BACKUS: All right. We'11 have to look.
23 BY MR. BACKUS:
24 Q In any event, Mr. Donovan, it's your testimony 25 that the New Hampshire comments on the draft report would A
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DONOVAN - CROSS 22159 j 1
1 have indicated that these particular runs were erroneously 4
2 described by whoever provided the reports that led to the l 3 draft?
4 A (Donovan) That is not my testimony. I have i 5 answered that question.
6 i n' sed three processes. I got comments from the 7 State of New Hampshire. I got comments from FEMA Region 1.
8 And I reconstructed, to the best of my ability, these routes 9 on my own using the logs of the dispatchers at the staging 10 areas to indicate what vehicles were dispatched and what 11 vehicles returned.
12 JUDGE McCOLLOM: Mr. Donovan, do you know how it 13 got to be designated "not completed" in the first place?
14 THE WITNESS: (Donovan) Well, the draft contains, 15 Your Honor, it says there was a vehicle problem and my only 15 consensus to resolve the issue is that a second vehicle was 17 dispatched because the first vehicle obviously didn't run.
18 A vehicle problem to me conveys that the vehicle 19 could not make it. For example, in the final exercise 20 report on page 178, Route 72 through 76 were not completed 21 because the rental car that was used didn't work at all. -
22 In this case I can only conclude that we had other 23 evidence that the routes were rerun or run completed as 24 well. And I can only assume that maybe someone in a 25 different vehicle was taking it. I don't know. I just --
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! [~'N 1 .that's how, you know, again, when we produce a draft we go
(' ,
l 2 out and give participants, in this case, the people who did 3 the work -- the exercise an opportunity to review.
i . 4 We also capture the player material. And I 5 reviewed the logs and found from the dispatcher's log that 1
6 they had these routes indicated as being completed. And -
7 there was a disconnect immediately from my evaluator's 8 comments, the player's log. And I also received 9 collaboration through other comments that these route 6 10 should be completed.
11 I can't specifically answer his question: what 12 . caused me to change it? I had several pieces of evidence to 13 indicate to me the draft was incorrect with respect to these
\}\ 14 15 two routes.
MR. BACKUS: Well, I'm unclear and I would just 16 like to know if you can tell me.
I 17 BY MR. BACKUS:
18 Q Is there docursatation that's available to us?
19 A (Donovan) The State of New Hampshire --
20 Q Well, wait a minute, let me finish.
21 Is there documentation --
22 A (Donovan) I thought you wars finished.
23 Q -- that supports the conclusion that the draft 24 report was incorrect as to these two runs?
25 A (Donovan) To the best of my knowledge, there is.
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'l Q And that would be in the New Hampshire comments on 2 the draft report, to the best of your knowledge?
3 A (Donovan) I don't remember where all of it is, so 4 I don't want to make a statement that that's the only -
5 source.. .
6 Q Well, if it was in the FEMA evaluators records, I 7 understand those are no longer available, those have been 8 discarded; right?
9 A (Donovan) That's correct.
10 Q What FEMA evaluator would have provided input 11 regarding the correctness or lack of it as to the draft on 12 these two runs?
13 JUDGE SMITH: Now, I think there is room for 14 confusion there.
15 Are you asking about evaluator input for the first 16 conclusion that the run was not complete or some type of 17 evaluator input which may have justified the change or both?
18 MR. BACKUS: Well, that's a very good point.
l 19 . I was asking the second question.
)
l 20 THE WITNESS: (Donovan) The comments came in from l
21 ~
the region as a collective set of comments where Region 1 22 employees who were group leaders, et cetera, team leaders, .
23 deputy team leaders, whatever assignment they had as part of 24 the management staff of the evaluation team put all of their 25 comments together.
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l L_ _ _ _
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f)
\~~
1 And I can't answer you an individual by name, l l
2 because they weren't provided to me from a source by name.
3 They were provided to me as, here is the region's comments 4 on the draft.
5 BY MR. BACKUS:
6 Q Would you have the same problem if we asked you, 7 who provided the info'mation r that led the draft to say 8 " incomplete?"
9 A (Donovan) That's correct.
10 Q Now, I wanted to go on to another area which is 11 the final objective in regard to the New Hampshire portion 12 of the exercise, which is objective 34: "The ability to 13 demonstrate the ability to maintain staffing on continuous (g) v 14 24-hour basis by an actual shift change," and the evaluation 15 to that is " met;" correct?
16 A (Donovan) That's correct.
17 Q And yet, over on page 200 under " issues," I see 18 under issue 1 is: " Arrangement for 24-hour continuous 19 operation at staging area / reception centers."
20 And the evaluation is: " Adequate arrangements do 21 not exist for 20-hour continuous operation at staging areas 22 and reception centers." Correct?
23 A (Donovan) Are you reading issue 17 ,
1 24 Q Yes. Page 200, evaluation.
25 A ,
(Donovan) That's correct.
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{ DONOVAN - CROSS 22163 1 Again, this is a plan issue now.
1 2 Q Do I understand then, Mr. Donovan, that the reason i
3 that the lack of adequate arrangements do not cause this 4 objective to be "not met" is the fact that there's only a .
5 12-hour planned operation of the reception centers?
6 MR. FLYNN: I believe this is one of the areas 7 that was gone into.
8 MR. DIGNAN: Ad infinitum yesterday, Your Honor.-
-9 JUDGE SMITH: Yes.
10 MR. DIGNAN: Ad infinitum, if you recall.
11 JUDGE SMITH: Yes. It was very well covered, Mr.
12 Backus.
13 I think you're going to have difficulty in this 14 area. If you want to take an opportunity, convalt with Ms.
15 Doughty?
16 We also have a transcript.
17 (Counsel confe.is.) 1 18 l
19 20 21 -
22 -
1 l
23 24 25 G!
l l
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DONOVAN - CROSS 22164 j ~} 1 MR. BACKUS: Then I only have one other qpestion,
! /
V 2 I guess, on this.
3 BY MR. BACKUS: j 4 Q It refers there in the next to the last sentence 5 about National Guard will be available to supplement I
~ ,
6 supervisory staff at the Hampton Center. !
7 What do you mean by the Hampton Center?
8 A (Donovan) It's mistyped. It should read 9 " reception centers".
10 Q On Objective 25, Mr. Donovan, demonstrate the 11 adequacy of facilities, equipment, supplies, procedures and 12 personnel for decontamination of emergency workers, 13 equipment and vehicles and for waste disposal, the g
j 14 evaluation is met. But as the summary points out, the V) 15 emergency work decontamination facility was not available 16 for demonstration purposes.
17 Correct?
18 A (Donovan) You are referring to Objective 25 19 that's described in the exercise report on page 190 and 1917 20 Q Yes, sir.
. 21 A (Donovan) Yes. The Extent of Play clearly 22 indicated that the facility was not available. In the 23 Extent cf Play documents that apply to this objective, it l 24 indicated that the emergency workers would be directed to go 25 to one of the existing reception centers for demonstration
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y DONOVAN - CROSS 22165 l 1 of the monitor's ability to monitor emergency workers.
2 The scenario contained in volume 6, pages 84-2 3 through 84-30, and on volume 6, pages 84-81 to 93, numerous 4 problems revolving around dose exposure, contamination of -
5 emergency worker vehicles and contamination of emergency ,
6 workers, and the capability to monitor and decontaminate 7 emergency workers was demonstrated at the reception center, 8 Following, as the text describes, page 191, FEMA 9 conducted an investigation inspection of the state of 10 preparedness for the designated emergency worker 11 decontamination facility at the Hillside Junior High School.
12 And an official, a local government official, who would have 13 been responsible for activating that facility, conducted a 14 tour and pointed out to us staffing rosters and equipment, 15 supplies, et cetera, as outlined in our write up.
16 Q You point out that this test during the exercise 17 of the emergency worker decontamination center, the Hillside 18 High School in Manchester, was not involved in the Extent of 19 Play; is that correct?
20 Well, let me rephrase that.
~
21 The Extent of Play did not require a demonstration 22 of the ability to decontaminate emergency workers at the -
23 designated facility during the exercise; is that right?
24 A (Donovan) That's right, because the Extent of 25 Play acknowledged the state's position that the facility
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['"] 1 would not be available for use on the day of the exercise.
'\ /
'~ #
2 And he gave us an opportunity to revisit the situation. We 3 chose to have the functionality of monitoring and
- 4 decontaminating emergency workers demonstrated at the 5 reception centers, because the same procedures apply. They j 6 do not have a separate set of procedures.
7 Therefore, the only thing that was not tested was 8 the facility itself. And we inspected the facility to see 9 that the equipment and that the procedures called for and 10 the physical layout as described in the procedures were 11 there in reality.
12 Q Was that something that was negotiated in the 13 Extent of Play negotiations you've previously described?
(v; 14 A (Donovan) It was discussed and agreed upon, yes, 15 Q I'm just curious. You were told the facility was 16 not available. Nobody told you school was in session on 17 June 28th or 29th, did they?
18 A (Donovan) I don't understand your question.
19 Q The school was not being used as a school on that 20 day, was it?
21 A (Donovan) That's correct.
22 Q On Objective 23 on page 186, 'it's " Demonstrate the 23 adequacy of vehicles, equipment, procedures, and personnel 24 for transporting contaminated injured or exposed individuals 25 and the evaluation is not met."
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i DONOVAN - CROSS 22167 1 Is that correct?
2 A (Donovan) That's correct.
3 Q And do I understand that the demonstration, the 4 tool to demonstrate that objective was the use of a single -
5 ambulance? ,
6 A (Donovan) Objective 23 involves t'ae transport of 7 a simulated victim, if we can use that term, from a point to 8 one of the MS-1 hospitals.
9 And, yes, our normal approach to this objective 10 and as prescribed in our agency's policy and guidance 11 documents is that the use of one ambulance with one victim 12 is an appropriate demonstration of this response function.
13 Q So the scope of the exercise met your criteria, 14 but the performance of the ambulance crew in this particular 15 case had some inadequacies; is that right?
16 A (Donovan) Yes, it was considered to be an 17 exercise inadequacy as described in the text.
18 MR. BACKUS: That concludes my examination of this 19 witness.
20 MR. DIGNAN: Well, the examination, as I 21 understand it, was conducted out of the Augunt 12th draft; 22 is that right? .
~
23 MR. BACKUS: Yes.
24 MR. DIGNAN: And what has been reproduced and put 25 in the record is the August 2nd draft, and we can stipulate
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1 22168 '
1 the two are identical.
-\(']l
'~' ' i 2 MR. BACKUS: The page numbers are the same. I l 3 suppose I should take a look at that. l 9
. 4 MR. DIGNAN: Well, if you are not going to 5 stipulate to it, Bob, you are going to produce the August 4
6- 12th document, and you're going to pay for it.
7 JUDGE SMITH: Wait a minute.
8 Was there a mistake or what?
9 MR. DIGNAN: No, there wasn't. Because as Ms.
10 Doughty pointed out, it's agreed that these pages are 11 identical in the August 2nd and August 12th draft.
12 MR. BACKUS: Let me just take a minute.
13 MR. DIGNAN: The August 2nd draft was what she jm
( handed to be copied because that's all they had. And that's b ) 14 15 fine. But I want --
, 16 JUDGE SMITH: He was examining on the August 12th.
17 MR. DIGNAN: That's right.
18 THE WITNESS: (Donovan) That's not correct. The 19 document they gave me is dated August 2nd.
20 MR. DIGNAN: All right. He examined out of the 21 August 12th though.
22 MR. BACKUS: I think they are identical. Can I 23 just have a minute to check?
24 JUDGE SMITH: Are you going to have cross-
~
25 examination?
.(
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1 Mr. Brock, are you going to have cross-
, l
'2 examination?
3 MR. BROCK: Not on this, Your Honor,
- 4 JUDGE SMITH: Right. -
5 MR. BROCK: No.
. 6 JUDGE SMITH: How about you, Mr. Flynn, do you 7 have questions? Or, Ms. Chan, will you be having questions?
8 MS. CHAN: No, Your Honor. The Staff doesn't have 9 any questions.
10 JUDGE SMITH: Mr. Flynn, do you have questions?
11 MR. FLYNN: No, I have nothing on this line.
12 JUDGE SMITH: All right. I just wanted to give 13 Mr. Backus an opportunity to make his comparison.
14 (Pause . )
15 JUDGE SMITH: Do you believe they are the same?
l 16 MR. DIGNAN: I was told by Ms. Doughty they are l 17 the same &nd I be1 % ee it.
18 MS, DOUGHTY: Mell, I'm not sure.
19 MR. BACKUS: There is a word or two missing at one 20 point. .
21 MS. DOUGHTY: I thought they were the same. Close '
22 enough for me. .
23 MR. DIGNAN: Mr. Backus, can we stipulate that 24 what's in the record can be treated as though it were the l 25 document you were examining from?
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1 MR..BACKUS: If you give me another two minutes,.I I d . . - .
'\
A, 12: think I~will'be;able to say yes to that.
.3' MR. DIGNAN: All'right.
. 4 (Pause . ) .
. 1 5 MR. BACKt!* : Do.you want to. offer that stipulation .
( .- ,
.6- again?
7 MR.'DIGNAN: That the pages that have been bound-8- in by the Board's order may be treated by the Board as
- 9 identical with the document you were examining from.
10 MR. BACKUS:
~
In regards to the area I was 11 examining, they are identical,'if that's sufficient. 1 12 MR. DIGNAN: Thank you.
13 MR. BACKUS: Okay.
. 14 '- 'MR. DIGNAN: With that, I have no questions, Your 15 . Honor.
16 JUDGE SMITH: All right.
17- Anything further?
18l (No response.)
19 JUDGE SMITH: I think we have no further business 20 to be conducted today then. So we will adjourn until 1:00
. 21 p.m. on Monday.
~
22 (Whereupon, at 11:05 a.m., the hearing was 23 recessed, to reconvene at 1:00 p.m., Monday, May 22, ,
24 1989.)
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- 0 NCT '.0TI. :: 7! : ~. :: . -
005 ::si: - i :: :i The States authorizatich f:r use of KI recuires :he EW TPy id ? A0' dese to be exceeded, based upon dose project!0n. The Accide.-:
kssessment Group at the EOF determined : hat :he EW T'. :id ? AO wou;d be exceeded in Seabrook. Hampton and Hamp::n Fa!:s. TYs .
info'e mation (dese projection) was discussed during a : ele; .:ne conversation between :he RHTA at the EOF and the RETA and Director DPHS at the Sta:e EOC.
Accordingly, the, Director of DPHS authorized the use of KI for :he EW's in Seabrook, Hampton and S. Hampton. Second shift monitoring teams and State EW's were also advised to use KI in these areas.
Emergency Workers were recommended to administer KI in three designated communities. Hampton and Hampton Falls were notifled by radio. Seabrook closed their EOC at 1600. The direction for administering KI.was given at 1629.
As discussed in our :ummary, Objective 6, all but three Emergency Workers were issued dosimetry and KI. Based upon FEMA's interv!ew with EWs, we found that EWs received Instruction on use of "KI" and that they were issued one bottle each. The drivers of the vehicles -
were issued KI along with their dosimetry and signed forms indicating .
l they had received the KI and could not take it until authorized,directly by the state of N.H. to take a specif!ed dosage. The results of our l
. interview confirms that public works employees, vehicle drivers, field monitoring teams, State Police, County Sheriff's Deputies, and EWs in j the plume EPZ were fully knowledgeable on the use of "KI and were -
00 No;;QCCTI, :: I :: ;;;-
206 3raf: -i :: 33 j !ssued one uni: each wi:h the e.tception of the :own of "5:rs: a -
/\
Q manned 1:s traffic-control point with a town worker and town poHee a:
t.ecation (GST-01). The town's EWs at :he TCP were :otally unaware
~
of "KI" use. The recommended corrective action contained in our evaluation of Objective 6 should address this issue.
Objective (118: Demons:: ate the ability and _ resources necessary :o implemen:
appropriate Protective Actions for tas impacted permanen: and transient plume EPZ. population (including transit-dependent persons, i
special needs populations, handicapped persons and institutionalized 1 i
persons).
Evaluation: Met O
V Narrative Summary: The State demonstrated the ability and resources to implement appropriate Protective Actions (pas) for the impacted permanent and i transient plume EPZ population.
The State took appropriate Protective Act,fons:
- 1) The beaches were closed at 1100.
- 2) The general population including special needs population and the school children were evacuated from ERPA A,D,C (Seabrook.
Hampton Falls, Hampton, South Hampton, Kensington, North Hampton). This decision was made at 1409 with siren activation
- at 1418 and EB5 message broadcast at 1420. The remainder of :ne L[k 1
plume EPZ we.s directed to shelter. -
C .YCT F.'0!! . :::: E :::-
207 Oraf: - ! *: :i
_ j
- 3) A: 1526 the decision was T.ade to evacua:e ER? A F (3:e-:w::d.
East' Kingsten. Exeter, K;ngston, Newf!eids. New en) and sne.:e.- ;
Exeter Hespi:a1 and :he Parkingten Coun:y Complex. The 5:. e s i were ac:!va:ed 1: 1535 and the ESS message was :readcas: a: -
1640. .
The State took the proper actions in order :o be prepared f:e :ne
~ implementation of pas. The State Staging Areas were direc:ec :s partially activate at 0941 and directed to fully activate at 1103. The process to mobilize and deploy bus resources was started between 1
0955 and 1132. The process to mobilize and deploy ambulance resources was started between 1020 and 1155. At 1206 the Sta:e directed all bus and ambulance resources to proceed to the Staging Areas. The State identified vehicles through its supp!!er's that were sufficient to evacuate the entire EPZ. The State notif!ed and placed, if necessary, drivers on standby (48 from DCT and 39 from National Guard).
After the evacuation began at 1420 the State demonstra:ed an excellent reporting process (or monitoring the resources for evacuation. The State EOC received half-hourly reports of evacuation resources needed by the IFO and also the reports of vehicles on hand at .
the Staging Areas. This reporting process allowed a continuing check
)
1 on the ability of the State to effect evacuation. For example the firs:
reports after the 1420 evacuation was ordered showed the following:
O' .
n;,
e ,
u.-
-l .
.:o scT 7.'c- ~~' t-:: h
- 8' :raf:L ! ::, !!:
u, ,
i _.
N Ni Number rc. -:d Nu: .be r avci'.a b'. e ; ,
J (a i t.:0 ) - -(a: !!.:a )
')
9 .
Juses.
304' 750
, Vans 14. 95 -- 1
- Amoul'ances 33 34 d L-9 ~4/C Vans 21. 32.
7 Special needs 17 *
~'
Coach' Buses- 5 . .55
-*would c:me from bus ca:egory using conversi n ki:s.
These " resource needs/ resources available". reports -demonstrated t..e State's ability to. manage the evacuation process.
The range of available vehicles at the Staging Area between 1424 a .d
!1805 were as follows:
High Low -
'f' suses 750 484 t vans 95 86 E,5 Ambulances 34 3 W/C Vans 32 14 coach Buses 55_ 50 ,
According to the State's ' Plan, local communities have the L
l responsibility to determine the transportation needs of special needs J populations, handler.p persons and Institutionalized persons. All participating local communities notified the special needs populations, Identifled the transportation needs and made arrangements with the 170 for transportation resources.
The New Hampshire IFb plays a communications and coordination role in the implementation at protective actions for the plum e- EPZ - 1
- i population within the State of New Hampshire. One of the primarf I/
L o, roles of the IFO is establishing and maintaining communica !ons s:
u -
Information flow between the State of New Hampshire and botn tr.e l
4
20 NCT Q;lCTI. !*!I :: :7-209 Oraft.- i *; ::
- ar
- !c!pating and ncn-;artic!;a:ing EPZ : owns and :he hes: ee.- .. '*.
E O C's.
The cr'tical aspec: ef this information f:cw is :ne
[ determination of required ::ansporta:!on .esources f:e :ne : wns and spee!al facilities, transmit:ing this information to the Sta:e IOC a.-t Staging Areas. and following up by confirm'ing the dispa:ch and a--'.a. ~
of transportation resources, and completion of evacua:!on. Th.s process was observed to be handled in a timely and efficient .an e..
and no major diffleulties were observed. These communica:!ons started as soon as Local Liaison Officers arrived at the IFO and continued until the termination of the plume exposure pathway por:!cn of the enreise. The IFO Resource Coordinator did an excellen: 8oe of coordie,ating and expediting these communications and 'information flow. Periedle updates and revisions to the transportation resource needs occurred when new information on special needs people were identified.
Part of the this process involved the placing of calls to, and receiving calls from speelal needs people. These calls were handled by the Special Needs Liaisons at the IFO and by staff at the participating EPZ towns. The IFO staff contacted a total of 48 persons / locations Identifled as having special needs for non-partfelpeting towns to verify the information before the PA ~deelslon to evacuate. These calls were -
placed between 10:30 and 13:05. Fo!!owing the pas for evacuation, the Control Cell generated requests for information and declaration of
. previously unidentified special needs. The !FO staff received and
./
process.m.. e. ee, ween 1... and 1,...>.
_ - - - - - - - - - - - -" -- ' ~~
.. Oc scf T.'C I . ::*: :p. ::;.
Oraf - i :: ::
.{
W Following .the Alert diciaration, each participating E?Z eo . : 2- '
'l l aJ placed calls to. the idsntified special needs population for t .e.:
co m munity.
Fol'owing - the declaration of SAE, each participat' r community received 2 calls per hour for 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />. These calls were requests for transportation assistance if evacuation was' requitec. i After the dE, each participating community received 3 calls per hcur for 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br />. These calls were requests for transportation assistance.
In all cases, the participating communities forwarded all requests t:
the IFO for the dispatch of transportation resources.
Most transient dependent bus routes were run in an efficient manner.
l One driver actually deviated from the designated route because another route was faster or more direct. Several other drivers questioned the route given saying it was not the most conven'ient. r
( several routes, the dispatchers at the LSA gave drivers the wrong maps (the controllers had to intervene). Several of the maps / instructions had inaccuracies. Landmarks and other key points could have been more clearly marked on the map.
]
i Following is a summary of the routes and our evaluation:
Transit Dependent Routes Rockingham TSA to Completed.
Brentwood LSA Brentwood Route 1 Completed (local guide provided).
Brentwood Route 2 Completed. ~
l Brentwood LSA to Completed with Controller I Manchester Reception intervention.
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Transit Dependent Routes (Cont'd)
Rockingham TSA :o Completed with Contro!:er
. South Hamp en '.SA intervention (on second attemp:).
Time to Complete: 13,1 -inutes.
South Hampte.n Route 1 Completed with Controi:er intervention (General confusion -
driver causes accident forcing private
- vehicle off road.) T!me to Compiete: -
78 minutes. -
South Hampton Route 2 Not Completed (This route and rou:e 1
1 to reception center canceled by controller). .
Rockingham TSA to Completed. Time to complete -
1 Newton LSA 22 minutes.
Newton Route 1 Completed (local guide). Time to
, Complete - 28 minutes.
Nawton Route 2 Completed (local guide) Time to Complete - 37 minutes.
Newton LSA to Salem Completed Time to Complete -
Reception Center 29 minutes.
Rockingham TSA to Completed Time to Complete -
Hampton LSA 23 minutes.
Hampton Route 1 Completed Time to Complete - 40 minutes.
"fampton Route 2 Completed Time to Complete - 24 minutes.
Hampton Route 3 Completed Time to Complete - 35 minutes.
Hampton Route 4 Completed Time to Complete - 30 -
minutes.
Hampton TSA to Dover Completed Time to Complete -
Reception Center 32 minutes.
1 00 NCT T.'OTI. -- I ;?, ;;;..
I'2 Orait - ! ;; !!
f %. Transit Dependent Routes (Cont'd)
A ') .
Rockingham TSA to Completed Time to Complete -
,. Hampton LSA 26 minutes. I Hampton Route 5 Completed T!=e to Complete - U minutes.
Hampton Route 6 Not Complete Time - 52 minutes (Incomplete) m!ssed part of route. !
Hampton Route 7 Completed with Controller Interven-tion. Time to Complete - 47 minutes.
Hampton LSA to Dover Completed Time to Complete -
. Reception Center 32 minutes.
Rockingham TSA to Completed Time to Complete -
North Hampton TSA 22 minutes.
North Hampton Route 1 Completed with Controller intervention (msny Controller interjoets) Time to Complete - 64 A minutes.
d") North Hampton Route 2 Not Completed (LSA canceled Route 2 - no reason stated).
North Hampton Route 3 Completed with controller intervention (many Controller interjects) Time to Complete - 34 minutes. l North Hampton LSA to Completed with controller !
Dover Reception Center intervention. (Sheriff's Deputy gave different directions to Reception !
Center which driver followed.) Time i to complete - 59 minutes. !
Rockingham TSA to Completed Gocal guide)
K!ngston LSA Time to Complete - 20 minutes.
Kingston Route 1 Completed Gocal guide) Time to -
. Complete - 64 minutes.
p Kingston Route 2 Completed (local guide) Time to y(.
I Complete - 30 minutes. _
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Transit Dependent Routes (Cont'd)
Kingston Route 3 Completed (local guide) T!= e :o Comple:e - 35 minutes.
Kingston Route 4 .
Completed (local guide) Tl.m e :o Complete - 30 minutes.
Kingston Route 5 Completed (local guide) Tim e :s Complete - 35 minu:es.
Kingston LSA to Completed T!me to Complete -
Salem Reception Ctr 60 minutes.
Rockingham TSA to Completed Time to Complete -
Kensington LSA 30 minutes.
Kensington Route 1 Completed (Actually completed in reverse but many problems) Time to Complete - 74 minutes. i Kensington Route 2 Completed. (Again many map reading '
problems) Time to Complete - 65 minutes.
Kensington LSA to Completed (good Jcb) Time to Manchester Reception complete - 60 minutes.
Center i
Rockingham TSA to Not Completed (did not run specified Seabrook LSA route) Time To Complete - 34 minutes.
Seabrook Route 1 Completed Time to Complete - 25 minutes.
Seabrook Route 2 Completed (Much confusion over maps
- missed many turns.) Time to -
Complete - 61 minutes.
Seabrook Route 3 Completed Time to Complete - 43 minutes. _
_ Kensington Route 1 Completed (Actually completed in reverse but many problems.) Time to Complete - 74 minutes,
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. ,m . Transic Dependent Ro0tes (Cont'd)
- l
- ( <[f Seabrook Route 4 . Completed (Agr.in, much confisten
' over maps.) Time to Complete - 5; minutes.
Seabrook LSA to Completed Time to Complete - I Salem Reception Center 33 minutes.
Rockingham TSA to Not initially completed (fellows Hampton Falls LSA another driver and takes wrong route)
Time to Complete - 31 minutes.
Hampton Falls Route 1 'Not Completed (many problems and controller intervention). Time to ;
. Com,plete - 106 minutes.
Hampton Falls Route 2 Not Completed (Route not run)
Hampton Falls Route 3 Not Completed (Route not run)
Hampton Fr.lls LSA to Completed Time* to Complete -
Dover Reception Ctr 45 minutes.
s
}'% %
DAY 2 Rockingham TSA to Completed Time to Complete -
Portsmouth LSA 47 minutes.
Portsmouth 1 Completed Time to Complete - 72 minutes.
Portsmouth 2 Completed Time to Complete - 27 .I 1
l-minutes.
Portsmouth 3 Completed Time to Complete - 48 minutes.
- Portsmouth 4 Completed Time to Complete - 34 minutes.
Rockingham TSA to Not Completed (missed part of route)
Portsmouth LSA Time to Complete: 40 minutes. .
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Transit ")ependin Routes (Cont'd)
Pertsmouth 5 Completed with Controller
' intervention (preolems w/sig s - 4 Control!er interjects) T!=e to ,
Complete - 70 minutes. .
?0rtsmouth 6 Completed with Controller intervention (flawed map - 1 '
Controller interject) T!=e to Complete - 85 minutes.
Portsmouth 7 Completed with Contro!!er intervention (again map flaws -
missed turns - 2 Controller interjects). Time to Complete - 54 minutes.
Rockingham TSA to Completed (driver cannot competent;y Greenland LSA read maps) Time to Complete: 60 minutes.
Greenland 1 Completed *with Controller intervention (driver cannot competently read maps). Time to Complete - 89 minutes.
Greenland 2
' Complete (driver cannot competently read maps) Time to Complete - 21 minutes.
Greenland 3 Completed (driver cannot competently read maps) Time to Complete - 54 minutes.
Rockingham TSA to Not Completed (driv'er follows wrong New Castle LSA route. Controller interjects) Time to ~
Complete 72 minutes.
New Castle Route 1 Not Completed (many problems and Controller interjects). Time to Complete - 66 minutes. -
Rockingham TSA to Completed Time to Complete - 27 Rye LSA minutes.
00 NC'J 7;c- . ::- :p :::. 'l 23 0-af: - i :: is
,r x Transit Dependent Routes (Cont'd)- '
4 .
Q).~ Rye 1 Not Completed (missed part of oute)
Time to Complete - 30 minutes. ,
1 i.
Rye 2 Completed Time to Complete - 33 1 minutes.
4 Rye 3.
~
Completed Time to Complete - 24
. minutes. I Rye 4 Completed Time to Compien 'S minutes.
Rye 5 Completed Time to Complete - 33 minutes.
Rockingham TSA to Completed T!me to Complete - 20 Newfields LSA minutes.
Newfleids 1 Completed Time to Complete - 30 minutes.
i Newfleids 2
'y' Completed Time to Complete - 25 minu tes.
Rockingham TSA to Completed Time to Complete - :16 Stratham LSA minutes.
Stratham 1 Completed with Controller interven-tion (some map problems and controller interjections). Time to-Com91ste - 75 minutes.
Stratham 2 Completed with Controller intervention (some map problems and Controller interjections) Time to
- Complete - 47 minutes.
Stratham 3 Completed with Controller interven-tion (some map problems and Controller interje,etions) Time to _
g Complete - 31 minutes.
Stratham 4 Completed with Controller interven-I tion (some map problems and y,k Contro!!er interjections). Time to ~
Complete - 49 minutes.
t 20 NCT ;'. I. :: n :: ::
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"9 transit dependent bus routes were .un on the :wo days :f e exerelse (on the second day, routes were run out of seq.ence .s.' g private .ehle!es ar.d r.ot tuses). Of these ~9 routes. 51 were :: ;.ete: -
with cnly minor prob! ems (for example: maxi .g a w o g :.r :.: .
quicki correcting the problem),15 were comple:ed tu: on.y :.Jo.gr intervention by the controllers and 13 were avt comple:ec at a... Of the 13 not comple:ed,4 were partially completed. 4 missed au :r ;ar:
of the route or ran the wrong route, 4 were canceled tecause :f driver / map problems and I was canceled by a town for no reason.
It should be noted that in an emergency, the transient dependent puolic would be picked up by these bus routes. We would expect that the public would assist the drivers to follow the prescribed routes.
Therefore, the number and percent of routes not completed should te less than that referred above.
It appears that most of the problems with the non completion of rou:es resulted from problems the drivers had reading the maps. All bus drivers were issued recently revised maps (dated 6/18/88) which were a clear improvement over the older maps. Scales were improved and -
some landmarks were added, - the maps were a. lot euler to read. Still It was difficult to read,the maps,look for street signs and drive a bus all at the same time. Many roads in the plume EPZ do not have signs and town lines are not clearly indicated. In a few cases, road names on ~
the maps and in the field are not in agreement. Clearly, the maps can still be improved by field verification of the road names, providir:g 2 _
additional landmarks on the maps, and providing narrative instructions
a, .
20 NC7 ;'.'OTT. :: I :;. ::;s 2'!
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(p for the route on the route maps. Some drivers demons:ra:ee O). capability to read any niap. Training on map reading may tnerefore :e Tn ceder. -
E It was noted that three communities (Srentwood. Newton and Kingston), p'rovided local "giddes" te lhe accompany the bus drivers. ~n these communities, the bus routes were run wi:hout problems. The following is a sunmary by town of the problems encountered wi:7. :ne maps:
Brentwood: The bus driver located the local Staging Area after having a brief map reading problem - the map needed better detall. The bus route was run correctly with a guide accompanying f7 the driver on one route. For the second route, the driver ran :
'N/ route without s guide (who left on a fire call) and had a numser of problems but still ran the route correctly. The problems included a lack of map detail and missing road names. The driver became lost on her way to the reception center and the controller had to intervene. She eventually arrived at the center but by her own route.
- South Hampton: The driver became lost on the way from Rockingham to the local Staging Area and called back to Rockingham for directions. She was told to return to Rockingham and try again. She finally arrived at S. Ha'mpton a little over 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> after the original dispatch. The driver ran one of two local f
routes. The driver had numerous and severe problems reading :.6 -
maps. The driver wu involved in an accident. The remaining rou:e i
20 sp; i.0TI. :::I :.: :::
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was canceled because :he driver feit she cou.d not run :he r .:es without the contro!Ier reading her the direction and teding ner where to go. -
Newton: The routes were all well run. Lccal guides were pre.i:ec.
. Hampton: With the exception of one route out of seven '71 a..
routes were successfully completed. These were some map reading problems but these were corrected by the drivers. The one rou:e not successfully completed was because a portion of the route was lef t off by the driver. Unmarked and poorly marked streets caused the majority of problems.
- Kingston:
The routes were all successfully and effleien:!y completed. A local guide was provided by the community.
North Hampton: Many problems reading were encountered by the driver in reading the maps due. Poorly marked roads and lack of signs caused the majority of the problems. The execution of the l
l route was interrupted several times. by the Controller, who had to give instruct!ons to get the driver back on course. The local EOC -
canceled one route.
l 1
Kensington: Many map r,eading problems caused one route to be run essentially in reverse. The driver had problems locating streets due to lack of signs. The other route was run without problems.
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,I Seabrook: All routes were successfully completed cut w::-
numerous wrong turns and problems resulting from !ack of ::a: ,
signs and lack of map detail. "
, Hampton' Falls: All routes required controller instruction and/:.-
Intervention. No route was successfully completed and two .outes were canceled. The driver had numerous problems reading : .e maps and this was compounded by a lack of street signs. The route from the LSA to the Reception Center in Dover was successfudy completed. '
- Portsmouth: Four routes were successfully completed by one
'/n)
(v ,/
driver. The second driver needed continual controller assistance complete the two routes. The lack of road signs and poorly marked roads created problem for the driver.
. Greenland: The driver managed to complete 3 of 4 routes successfully. One route required the Controller's intervention.
New Castle: Neither route was successfully completed. Lack of road signs and numerous map reading problems required controller Intervention. *
- Ryes The driver did a good job on all but one route where he ~ l
- 1 missed part of the route. Road signs were not a problem. i j
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Newfields: A!! routes were suce,essfully comp;eted. O .. a f e 4 minor map reading problems were encountered. '
1 1
Stratham:
Driver required controller intervention to co. .;;ete a.. .
the routes. The driver had problems in reading t..e I
.aps an::
-{
keeping tra'ck of his loca!!on due to lack of road sig .s and detanec m aps.
Following is a summary of the routes demonstrated for Nursing Ho. .es and Special Facilities:
Hampton LSA to Seacoast Completed Time to Complete - 45 Health to Maple Leaf Nurse. minutes.
Rockingham LSA to Completed Time to Complete - 41 Rockingham Nursing Home minutes.
Portsmouth Circle Business Completed Time to Complete - 100 Center to LSA to Edgewood minutes.
Seabrock LSA to Pine Completed with Controller interven-Street / Salem NH tion. Time to Complete - 130 minutes.
Rockingham LSA to Completed Time to Complete - 19 Wentworth Douglas minutes.
Hospital Portsmouth LSA to Completed Time to Complete - 50 '
Portsmouth Hospital minutes. -
Portsmouth LSA to York, Completed Time to Complete - 40 ME Hospital minutes.
Portsmouth LSA to New Completed Time to Complete - 60 Hampshire Hospital minutes.
, Concord to Parkland Completed Time to Complete - 77
' Medical Center minutes.
l Rye to Webster Completed Time to Complete - 2 at Rye minutes.
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00 NCT GCTI. ::: :t :: .
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(V): ' Webster to Dover House
. Health Care Completed T!me to Complete - 53 j minutes.
]
Portsmouth to Wentworth Completed Time to Complete - ;2 Home minutes.
Wentworth to Frisbie Completed Time to Comple:e - 41 Memorial Hospital minutes.
RYE LSA to Exeter Hospital Completed T!ae to Complete - 20 minutes Exeter to Concord Hospital Completed Time to Complete - 60 Minutes.
Exeter to Catholic Medical Completed Time to Complete - 54 Center minutes.
Exeter to Hampsted Completed Time to Complete - 29 Hospital minutes.
Issue #1: Training of Drivers. ARCA (REP-1, J.10.d.)
i L)
Evaluation: Drivers only successfully completed 64% of the route.
Provide Training on map reading.
Recommendation: Drivers need to study maps in advance of departure from LSA rather than waiting until underway. Drivers need to know rationale for route selection since some routes are not the most direct or fastest. Drivers should be told not to deviate from routes.
Consideration should be given' to providing ellp boards to secure maps e.g., to avoid loss and facilitate access. I
{
lasue #2: -
Adequate maps. ARCA (REP-1, J.10.d.)
, {
7
.(
Evaluation: Maps lacked detail and accuracy.
i O SC ;.0;I. ::!I :: :: +
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Recommendation: Review and revise maps; e.g.. caps stou.d :ne..:e '
!andmarks and other key points: dis:ances between Staging Area / ;ie<
[p point / Recep:!on Center should te indica:ed cn maps.
Maps / instructions snould be reviewed '
to eliminate erronecus .
directions, wrong turns, etc. In the case of. nursing homes and -
hospitals. map directions should Ind!cate ! cad! g entrance ;o mini-!:e maneuvering bus in small parking :ots.
)
Narrative directions such as those that appear on the maps from the TSA to LSA to Reception Center should be provided on the route maps. Maps should be carefully field checked to ensure consistene/
between street names in the field and on the maps.
Objective #19:
Demonstrate the ability and resources necessary to implement appropriate Protective Actions for school children within the plume EPZ.
Evaluation: Met Narratise -
Summary: The State of New Hampshire demonstrated the ability and resources "
necessary to implement Protective Actions for school children. -
, Early dismissal of school children la plume EPZ communities was considered by the Governor and the decision was made not to recommend early dismissal due to concern foe the latch key children.
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A precautionary PA was made at Site Area Emergency to hold children in school until 5:00 PM; e.g., late dismissal.
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Portsmouth officials recommended early dismissal with the ins:r.e:
U to hold latch-key children at the schools until their parents could pie <
them up. Brentwood officials directed the Swasey school to a.. w normal'd!smissal of school children.
When evacuation was ordered for the general population in various towns, the school children were . included as part of the Puolic :o te evacuated.
~
The late dismissal decision was extended from 5:00 p.m. until 7:00 p.m.
in the sheltered areas, or until parents picked up their children. EPZ schooled and potential host schools were promptly notified of changes in the situation by phone from Department of Education to the
.p
/
4 effected school districts.
s ..
The IFO Local Liaison's coordinated transportatica resources to assist the evacuation of schools. For partleipating towns, the transportation requirements for the schools were obtained from the Local Liaison Officers in each of the towns. For the non-participating towns, the transportation resource requirements for the schools were obtained by
. the Local Liaison Officers in the IFO by direct contacts with the schools themselves. Transportation requirements were summarized
~
and transmitted to the State (Transportation Coordinator). Follow-up was done by obtaining information from the State Staging Area's on when vehicles were dispatched and when vehicles arrived at g destinations, and when they departed. No significant delays or S problems were observed in obtaining and dispatching resources. _
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The Buses left the Staging Areas in an orderly and *i?.e!y T.a- er.
Drivers and vehicles.were dispatched from the Staging Area to .:ca.
" Staging Areas and then to assigt.ed schools, day care centers a..d nurseries. Sixty routes were completed. Drivers needed assistance :-
10 routes. In general, the maps were inaccurate. There were .o
!andmarks. The day care centers were not marked on :he maps.
Following is a summary of the routes and our evaluation:
Portsmouth TSA E. Kingston LSA to Peek A Completed Time to Complete Boo Day Care to Salem RC 224 minutes.
to Portsmouth TSA Portsmouth LSA to Completed with controller inter-Community Day Care vention. Time to Complete -
68 minutes.
Portsmouth LSA to Completed Time to Complete - 13 Little Harbor School minutes.
Portsmouth LSA to Completed Time to Complete - 5 Day Care minutes.
Portsmouth LSA to Completed Time to Complete - 20 Joan Coffey Day. Care minutes.
Portsmouth LSA to Completed Time to Complete - 38
^
Barbara Shannon Day Care minutes.
' Portsmouth LSA to Complated Time to Complete - 14 Esthy Tostenson Day Care minutes.
Portsmouth LSA to Completed Time to Complete - 23 -
Augusta Trice Day Care minutes.
Portsmouth LSA to Completed Time to Complete - 24 Woodlawn Day Care ,
minutes.
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f] Portsmouth LSA to Completed Time to Comp;e:e - 2' t
V / Brenda's Day Care minutes.
' 4ertsmouth LSA to Completed Time to Complete - M Kids Zone Day Care minutes.
Portsmouth LSA to Lois Compleied Time to Compie:e .3 Ramsey Day Care minutes.
Portsmouth LSA to Chase Completr' Time to Complete - 5 Home for children minutes.
Portsmouth LSA to Completed Time to Comple:e - 34 Irenda's Day Care minutes.
Hampton LSA to My First Completed Time to Complete - 4 School Day Care minutes.
Hampton LSA to Lucille Completed Time to Complete - 4 Polland Day Care minutes.
Exeter LSA to Joyce Dubes Completed Time to Complete - 38 Day Care O minutes.
Q' Exeter LSA to Edna Completed with Controller interven-Klemarczyk Day Care tion. Time to Complete - 16 minutes.
Exeter LSA to Windy Hill Completed Time to Complete - 16 Preschool minutes.
Exeter LSA to Exeter Day Completed with Controller interven-Care tion Time to Complete - 19 minutes.
Exeter LSA to Exeter Completed with Controller interven-Headstart Day Care tion Time to Complete - 11 j
minutes. 1 Exeter LSA to Building Completed with Controller interven Block Day Care tion Time to Complete - 12 4 minutes.
)
Portsmouth LSA to No completion information
~ 1 j
Alpha Academy Time to complete - 10 minutes.
[(
Portsr6outh LSA to Marge, Durgin-Barry No completion information Time to Complete - 13 minutes. -
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Portsmouth LSA to County No complet!ct informa:!cn T - e ::
Nursery Complete - 5 mi..u:es.
Dortsmouth LSA to No completion inferma:fon The :o Community Day Care Comple:e - 2 minu:es.
Portsmouth LSA to No completion informa:!cn Ti- e :o Children Garten Complete - 5 minu:es.
Portsmouth LSA to Seacoast No completion informa:!cn T!: e to Day Care Complete - 3 minutes.
Portsmouth LSA to C,kG Day No completion informat. . T!- e :o Care Complete - 3 minutes.
Portsmouth LSA to No completion Information T!me :o l
1 Portsmouth Headstart Day Complete - 4 minutes.
Cue Kingston LSA to Completed Time to Complete - 4 Kingston Children's Center minutes.
Kingston LSA to Faith Completed Time to Complete - 4 Hume Day Care minutes.
Rockingham LSA to A.B. Completed Time to Complete - 2 Hearty Friends Day Care minutes.
Rockingham LSA to Virginia Completed Time to Complete - 33 Franzoni Day Care minutes.
Exeter LSA to Joyce Completed Time to Complete - 11 Dubes Day Care minutes.
Exeter LSA to Edna Completed Time to Complete - 18 l
i Elemareyzk Day Care minutes.
1 .
Exeter LSA to Windy Hill Completed Time to Complete - 7 Preschool minutes. -
Exeter LSA to Exeter bhlld Completed Time to Complete.- 10 Care minutes.
Exeter LSA to Exeter Day Completed Time to Complete - 4
- Care minutes.
' Exeter LSA to Exeter Completed Time to Complete - 6 Headstart minutes. -
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Exeter.LSA to Building Completed Time to Complete - ;2 Block Day Care ' minutes.
1 Rockingham LSA to Hampton I Completed Time to Complete - 20 '
., Day Care minutes.
' Rockingham,LSA to Teddy Completed Time to Complete - 3 i
Bear Nursery' minutes.
Newton LSA to Wee Friends Completed with Controller Day Care intervention. Time to Complete ~
minutes.
Greenland LSA to Completed Time to Complete - 2 Greenland Central School , minutes.- 'l
. Greenland LSA to Completed Time to Complete -
Newstlelds Elementary less than a minute Hampton LSA to Central School Completed Time to Complete - 3 minutes.
'[}-V' Hampton LSA to Hampton Completed Time to Complete - 5 Christian School minutes.
i Hampton LSA to Sacred Completed Time to Complete - 3 Heart minutes.
Hampton LSA to Academy Completed Time to Complete - 2 Junior High School minutes.
Hampton LSA to Marston Completed Time to Complete - 2 School minutes.
North Hampton LSA to Completed Time to Complete - 1 North Hampton Elementary minutes.
North Hampton LSA ta Completed Time to Complete - 3 Montessori School minutes.
E E. Kingston LSA to Completed Time to Complete - 3 f
L Kingston Elementary minutes.
r E. Kingston LSA to Browns
( Completed Time to Complete - 1 Academy minutes.
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E. K!niston *.SA to Grace Completed Time to Comp;ete - i Bible School minutes.
Newton LSA to Sancbern Completed Time to Complete - ?
Middle School minutes.
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Kingston LSA to Sandborn Completed T!=e to Complete - 1 l High School minutes. - '
Kingston LSA to Daniel J. Completed Time to Comp!ete - 3 Sakle Senool minutes.
Seabrook LSA to Seabrook Completed Time to Complete - 3 Elementary l minutes. 1 Hampton Falls LSA to Completed Time to Complete -
Lincoln Ackerman School minutes.
Hampton LSA to Winnacunnet Completed Time to Complete
- High School minutes.
i South Hampton LSA te. Completed Time to Complete - 1 Barnard School minutes.
Kensington LSA to Completed Time to Complete - 1 Kensington Elementary minutes.
School Newton LSA to Newton Not Completed (P!ayer at LSA Memorial School gave 2 bus runs.)
Brentwood LSA to Swasey Completed Time to Complete - 4 Central School minutes.
F'.reter LSA to Phillip's Completed Time to Complete - 5 F.reter Academy minutes. -
New Castle LSA to New Completed Time to Complete - 2 .
Castle F.!amentary minutes.
Stratham LSA to Stratham Completed Time to Complete - 25 Village Academy minutes.
_ Newfleids LSA to Newfleids Not Completed (Driver Problem)
Preschool Time to Complete - 1 minute. ,
Portsmouth LSA to Ports- Completed Time to Complete - 1*
mouth Junior High School minutes.
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Exeter LSA to Building Completed T!me to Complete *.2 Block Day Care minutes.
- )
Rockingham LSA to Hampton Completed Time to Complete - 22
,. Day Care minutes.
- Rockingham,LSA to Teddy Completed Time to Complete - 3 Bear Nursery ~ minutes.
Newton LSA to Wee Friends Completed with Controller Day Care intervention. Time to Complete ~
minutes.
Greenland LSA to Completed Time to Complete - 2 Greenland Central School minutes.-
Greenland LSA to Completed . T!me to Complete -
Newsfleids Elementary less than a minute Hampton LSA to Central ' Completed Time to Complete - 3 School minutes.
[ N Hampton LSA to Hampton Completed Time to Complete - 5 Christian School minutes.
Hampton LSA to Sacred Completed Time to Complete - 3 Heart minutes.
Hampton LSA to Academy Completed Time to Complete - 2 Junior High School minutes.
Hampton LSA to Marston Completed Time to Complete - 2 School minutes.
, North Hampton LSA to Completed Time to Complete - 1 North Hampton Elementary minutes.
North Hampton LSA tot Completed Time to Complete - 3 Montessori School minutes.
E. Kingston LSA to Completed Time to Complete - 3 .
E. Kingston Elementary minutes.
E. Kingston LSA to Browns Completed Time to Complete - 1
( Academy minutes.
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209 '
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E. Kingston LSA to G. ace Completed Time to Complete - i Bible School minutes.
Newton LSA to Sandborn Completed T!=e to Comp!ete - ?
Middle School minutes.
Kingston LSA to Sandborn Completed Time to Complete '
H!gh School minutes.
Kingston LSA to Daniel J.
Completed Time to Complete - 3 Bakie School minutes.
Seabrook LSA to Seabrook Completed Time to Complete - 3
^
Elementary minutes.
Hampton l' alls LSA to Completed T!me to Complete -
Lincoln Ackerman School minutes.
Hampton LSA to Winnaeunnet Completed Time to Complete - 7 High School minutes.
South Hampton LSA to Completed Time to Complete - 1 Barnard School minutes.
Kensington LSA to Completed Time to Complete - 1 Kensington Elementary minutes.
School Newton LSA to Newton Not Completed (Player at LSA Memorial School gave 2 bus runs.)
Brentwood LSA to Swasey Completed Time to Complete - 4 Central School minutes.
, Exeter LSA to Ph!'llp's Completed Time to Complete - 5 Exeter Academy minutes. -
New Castle LSA to New Completed Time to Complete - 2 -
Castle Elementary minutes.
Stratham LSA to Stratham Completed Time to Complete - 25 Village Academy minutes.
_ Newfields LSA to Newfields Not Completed (Driver Problem)
Preschool Time to Complete - 1 minute.
Portsmouth LSA to Ports- Completed Time to Complete - 17 -
mouth Junior High School minutes.
00' NOT Q'/CTI. !*!I ;.' t ;i 230- Oraf: - t ;; ii X
(' Portsmouth LSA to Brackett Completed Time to Complete - 34 1
Elementary minutes. .
Portsmouth LSA to Not Comple:ed (vehicle broke dew .i
.3 Sherbourne Elementary
Portsmouth LSA to Dondero Not Completed (vehicle broke dow a Ele mentary
Portsmouth LSA to Little Not Completed (vehicle proble.m Hareer School-o Portsmouth LSA to New Not Completed (vehlele problem)
Franklin Elementary School Portsmouth LSA to Went- Not Completed (vehicle problam) worth Elementary School Portsmouth LSA to Lady Completed Time to Complete - 19
!sle School minutes. .
Portsmouth LSA to Jones Not Completed (vehicle problem) h'v School Portsmouth LSA to Bethel Completed Time to Complete - 9 Academy minutes.
Portsmouth LSA to St. Completed Time to Complete - 6 Patrick's School minutes.
Portsmouth LSA to Not Completed (vehicle problem).
Portsmouth High School Portsmouth LSA to Alpha: Complete Time to Complete - 10 Academy minutes.
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Rye LSA to Rye Elementary Complete Time to Complete - 15 I minutes.
Rye L8A to Rye Jr. High Complete Time to Complete - 15 School minutes.
Stratham LSA to Stratham Completed Time to Complete - 52 Memorial School minutes.
A Newton LSA to Happy Hour Completed Time to Complete 9 -
Kindergarten minutes.
_ _ _ _ _ _ - _ - - - - - - - - - - - - - - - - - - - - - - - - ^ ' - - - -
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, :C NCT ;;CTI.-t!!! :: :t -
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l 9lk Kingston LSA to South Road Completed Tlme to Compiete -
Kindergarten minutes.
Exeter LSA to Exeter High Completed T!me to Complete - ;;
School minutes. .
Exeter LSA to Exeter Jr. Completed Time to Complete - i High School minutes.
Exeter LSA to Lincoln Completed Time to Complete - 5 Street School minutes.
Exeter LSA to Main St. Completed T!me to Complete - 10 School minutes.
Exeter LSA to Montessori Completed Time to Complete - 7 I School minutes.
Issue #1:
Implementation of pas for Schools ARCA (REP-1, J.10.g)
Evaluation: In Brentwood, after the order to shelter was received, the
{
selectman in charge called the Swasey School to tell them to let the i
children take their normal bus routes home. In Portsm c 5 the schools were told to effect discussed and hold only latch '.ey persons.
Recommendation: Train Staff on Protective Action Implementation.
Additional training should be provided to the appropriate staff to ensure that they understand the State's Plan and procedures for ,
implementing protective actions for school children.
Issue #2: Inadequate / Inaccurate Maps. ARCA (REP-1, J.10.g).
- Evaluation: In several cases, the maps had wrong instructions or had wrong addresses which created significant problems for the drivers. In O
m__ _ _ _ _ __ _ _ _ . - _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ . _ _ _ _ _ _ _ _ . _ _
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< OC NC T Q'.*CTI . 0 * !! 0 7. :; n 232 ^
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V all cases, the drivers w?re able to recover effectively from ..e -
4 instructions by inquiring of local population for directions. A!! t. e maps should be carefully reviewed and' amended where errors are
- a present. Instruction 3 on maps should be in more detail, with a more extensive use of landmarks.- Since streets are poorly marked 2 the area, landmarks would speed verification of routes. Distances betwee .
. landmarks, destinations, and local Staging Areas should be included !.. j instructions. All addresses of schools and day care centers should be verified with maps.
Recommendations: Review and revise maps.
Issue #3:- Training of Drivers. ARCA (REP-1, J.10.g.)
Evaluation: Drivers had difficulty reading maps and driving at the same tima. When drivers did not follow the route, most found their way back to the correct route by asking the public or turning around.
In some cases the maps had street names and town limits marked but in reality these points were not designated and this made following the route difficult.
Emeoamendation: Train staff on following route instructions.
Objective #20:
Demonstrate the organizational ability and resources necessa.ry to .
control evacuation traffle flow and to control access to evacuated and ;
L I sheltered a'reu. '
4 j
. CERTIFICATE This is to certify that the attached proceedings before the United States Nuclear Regulatory Commission in the matter of:
Name: Public Service Compa,ny of New Hampshire, et al.
(Seabrook Station, Units 1 and 2)
Docket No: 50-443-OL 50-444-OL j
(On-site Emergency Planning) l Place: Boston, Massachusetts Date: May 19, 1989 were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission taken stenographically by me and, thereafter reduced to typewriting by me or under the direction of the court reporting company, and that the I transcript is a true and accurate record of the foregoing proceedings.
/S/
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(Signature typed) : Donna L. Cook Official Reporter .
Heritage Reporting Corporation
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l HERITAGE REPORTING CORPORATION l (202)628-4888 l
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