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Category:FINDINGS OF FACT/CONCLUSIONS OF LAW
MONTHYEARML20247M2841989-09-15015 September 1989 NRC Staff Supplemental Proposed Findings of Fact in Response to Proposed Findings of Fact & Conclusions of Law Submitted by Town of Amesbury,Town of Salisbury & City of Newburyport.* W/Certificate of Svc ML20247E9901989-09-11011 September 1989 Commonwealth of Ma Atty General Reply to Certain Applicant Responses to Proposed Findings.* W/Certificate of Svc ML20246M9951989-08-31031 August 1989 NRC Staff Supplemental Proposed Findings of Fact & Conclusions of Law W/Respect to Spmc & Exercise Contentions.* No Fundamental Flaw in Emergency Plans Has Been Demonstrated.W/Certificate of Svc ML20246N1571989-08-31031 August 1989 Proposed Findings of Fact & Conclusions of Law of Fema.* Responds to Commonwealth of Ma Section 1 to Proposed Findings of Fact & Conclusions of Law.W/Certificate of Svc ML20246N1531989-08-30030 August 1989 Applicant Response to Proposed Findings & Rulings of Other Parties.* W/Certificate of Svc ML20246F0331989-08-24024 August 1989 NRC Staff Proposed Findings of Fact & Conclusions of Law Re Seabrook Plan for Commonwealth of Ma Communities & Exercise Contentions.* State of Nh Radiological Emergency Response Plan Ruled Adequate & Implementable.Certificate of Svc Encl ML20247Q6481989-08-14014 August 1989 Town of Salisbury Proposed Findings of Fact & Conclusions W/ Respect to Spmc.* W/Certificate of Svc ML20247Q6301989-08-14014 August 1989 Town of Amesbury Proposed Findings of Fact & Conclusions W/ Respect to Spmc.* ML20247Q6391989-08-14014 August 1989 City of Newburyport Proposed Findings of Fact & Conclusions W/Respect to Spmc.* ML20245H5031989-08-14014 August 1989 Town of West Newbury Proposed Findings & Conclusions Re Spmc.* Certificate of Svc Encl ML20245H5001989-08-14014 August 1989 Town of Newbury Proposed Findings of Fact Re Spmc.* Certificate of Svc Encl ML20245H3121989-08-14014 August 1989 Commonwealth of Ma Atty General Jm Shannon Proposed Findings of Fact,Rulings of Law & Conclusions Re Spmc & Exercise Contentions.* W/Certificate of Svc ML20245H3841989-08-11011 August 1989 Seacoast Anti-Pollution League Proposed Findings of Fact, Rulings of Law & Conclusions W/Respect to Spmc & Graded Exercise.* W/Svc List ML20247D9741989-07-19019 July 1989 Applicant Proposed Findings of Fact,Rulings of Law & Conclusions W/Respect to Spmc & Exercise Contentions.* W/ Certificate of Svc ML20245J7011989-06-22022 June 1989 NRC Staff Proposed Findings of Fact & Conclusions of Law W/Respect to Sirens Issues.* Board Has Considered All Evidence Submitted by Parties & Based on Foregoing Findings of Fact,Considers EPZ Acceptable.W/Certificate of Svc ML20245A6941989-06-12012 June 1989 Commonwealth of Ma Atty General Proposed Findings & Rulings of Law W/Respect to Siren Issues.* W/Certificate of Svc ML20248B7201989-05-30030 May 1989 Applicant Proposed Findings & Rulings of Law W/Respect to Sirens Issues.* Issues Addressed in Response to ASLB 880602 Memorandum & Order Admitting Contention Re Adequacy of Public Alert & Notification Sys.Certificate of Svc Encl ML20154A0021988-08-31031 August 1988 Applicant Reply to Proposed Findings of Fact & Conclusions of Law of Other Parties on Shelter Contentions.* Certificate of Svc Encl ML20153H6951988-08-26026 August 1988 NRC Staff Proposed Findings of Fact & Conclusions of Law W/ Respect to Sheltering Issues.* W/Certificate of Svc ML20207E8241988-08-15015 August 1988 Commonwealth of Ma Atty General Jm Shannon Proposed Findings of Fact & Rulings of Law on Sheltering Contentions.* W/ Certificate of Svc ML20207E4261988-08-12012 August 1988 New England Coalition on Nuclear Pollution Proposed Findings of Fact & Rulings of Law.* Supporting Documentation & Svc List Encl ML20151S0161988-08-10010 August 1988 Seacoast Anti-Pollution League Proposed Findings of Fact, Rulings of Law & Conclusions of Fact on Issues Re Sheltering & Protection of Beach Population.* Certificate of Svc Encl ML20151A6491988-07-15015 July 1988 Applicant Proposed Findings of Fact & Rulings of Law W/ Respect to Sheltering Issues.* Board Finds & Rules That Adequate Considerations Has Been Given to Protective Action Sheltering.Certificate of Svc Encl ML20154H7211988-05-19019 May 1988 Commonwealth of Ma Atty General Jm Shannon Proposed Findings of Fact & Rulings of Law.* Certificate of Svc Encl ML20154F0901988-05-0909 May 1988 Town of Hampton Proposed Findings of Fact & Rulings of Law.* Applicant Has Failed to Provide Reasonable Assurance That Adequate Personnel Will Be Available in Emergency at Plant. Certificate of Svc Encl ML20154F1111988-05-0909 May 1988 Seacoast Anit-Pollution League Proposed Findings of Fact, Rulings of Law & Conclusions of Fact.* Town of Hampton Proposed Findings of Fact & Rulings of Law Adopted as Stated.W/Svc List ML20154E9921988-05-0606 May 1988 New England Coalition on Nuclear Pollution Proposed Findings of Fact & Conclusions of Law Re Personnel Adequacy & Transportation Availability in State of Nh Radiological Emergency Response Plan,Rev 2.* Svc List Encl ML20150A9471988-03-0101 March 1988 Proposed Findings of Fact & Rulings of Law.* Board Finds & Rules That Adequate Measures Can & Will Be Taken to Protect Public Health & Safety in State of Nh Portion of Plant EPZ in Event of Accident at Plant.Certificate of Svc Encl ML20214T0491986-12-0404 December 1986 Response to NRC 861126 Proposed Findings of Fact & Conclusions of Law Re Intervenor Contention I.B.2.Applicant Filed Response to Intervenor Proposed Findings on 861201. Certificate of Svc Encl ML20214T1781986-12-0101 December 1986 Response to Proposed Findings & Conclusions of Law & Briefs of Commonwealth of Ma Atty General,Seacoast Anti-Pollution League & New England Coalition on Nuclear Pollution Contention SALP-Supp.6.W/Certificate of Svc ML20214P4631986-11-26026 November 1986 Proposed Findings of Fact & Conclusions of Law Re Onsite Emergency Planning & Safety Issues ML20214J5321986-11-25025 November 1986 Amend to Proposed Findings Re Onsite Emergency Planning & Safety Issues.Certificate of Svc Encl ML20214A4631986-11-12012 November 1986 Atty General Fx Bellotti Proposed Findings of Fact & Conclusions of Law & Proposed Form of Decision Re Onsite Emergency Planning & Safety Issues ML20214A5431986-11-12012 November 1986 Proposed Findings of Fact & Conclusions of Law & Proposed Form of Decision Re New England Coalition on Nuclear Pollution Contention I.B.2 Concerning Duration of Environ Qualification Times ML20213E6801986-11-0707 November 1986 Proposed Findings of Fact & Conclusions of Law & Proposed Form of Decision Re Procedural History of 861030 Order. Perspective on Handling of Onsite Issues Before Board Prior to Reconstitution Provided.Certificate of Svc Encl ML20197C9351986-10-30030 October 1986 Proposed Findings of Fact & Conclusions of Law & Proposed Form of Order Re Onsite Emergency Planning & Safety Issues & Issuance of Full Power Ol.W/Certificate of Svc ML20082E1141983-11-23023 November 1983 Response to Proposed Findings of Fact of Atty Generals of Ma & Nh,Seacoast Anti-Pollution League & New England Coalition on Nuclear Pollution Re Contentions Considered During Evidentiary Hearings.Certificate of Svc Encl ML20081G0651983-10-31031 October 1983 Proposed Findings of Fact & Conclusions of Law Re State of Nh Contention 20.Applicant Emergency Action Levels Inadequate ML20081C3061983-10-27027 October 1983 Proposed Findings of Fact & Conclusions of Law on Contentions I.B.2,III.1,III.3 & 21.Certificate of Svc Encl ML20078N8691983-10-26026 October 1983 Proposed Findings of Fact & Conclusions of Law on New England Coalition on Nuclear Pollution Contentions III.12 & III.13.Certificate of Svc Encl ML20081D6341983-10-26026 October 1983 Proposed Findings of Fact & Conclusions of Law Re New England Coalition on Nuclear Pollution Contentions III.12 & 13 Re Evacuation Time Study.Certificate of Svc Encl ML20078F6151983-10-0505 October 1983 Proposed Findings of Fact & Conclusions of Law.Certificate of Svc Encl 1989-09-15
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217H9511999-10-21021 October 1999 Memorandum & Order.* Proceeding Re Nepco 990315 Application Seeking Commission Approval of Indirect License Transfers Consolidated,Petitioners Granted Standing & Two Issues Admitted.With Certificate of Svc.Served on 991021 ML20217N2561999-10-21021 October 1999 Transcript of Affirmation Session on 990121 in Rockville, Maryland Re Memorandum & Order Responding to Petitions to Intervene Filed by co-owners of Seabrook Station Unit 1 & Millstone Station Unit Three.Pp 1-3 ML20211L5141999-09-0202 September 1999 Comment on Draft Reg Guide DG-4006, Demonstrating Compliance with Radiological Criteria for License Termination. Author Requests Info as to When Seabrook Station Will Be Shut Down ML20211J1451999-08-24024 August 1999 Comment Opposing NRC Consideration of Waiving Enforcement Action Against Plants That Operate Outside Terms of Licenses Due to Y2K Problems ML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210Q7531999-08-11011 August 1999 Order Approving Application Re Corporate Merger (Canal Electric Co). Canal Shall Provide Director of NRR Copy of Any Application,At Time Filed to Transfer Grants of Security Interests or Liens from Canal to Proposed Parent ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210J8501999-08-0303 August 1999 Order Approving Transfer of License & Conforming Amend.North Atlantic Energy Service Corp Authorized to Act as Agent for Joint Owners of Seabrook Unit 1 ML20211J1551999-07-30030 July 1999 Comment Opposing That NRC Allow Seabrook NPP to Operate Outside of Technical Specifications Due to Possible Y2K Problems ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20209H9101999-07-20020 July 1999 Motion of Connecticut Light & Power Co & North Atlantic Energy Corp for Leave to Intervene & Petition for Hearing.* with Certificate of Svc & Notice of Appearance ML20195H1911999-06-15015 June 1999 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer ML20206A1611999-04-26026 April 1999 Memorandum & Order.* Informs That Montaup,Little Bay Power Corp & Nepco Settled Differences Re Transfer of Ownership of Seabrook Unit 1.Intervention Petition Withdrawn & Proceeding Terminated.With Certificate of Svc.Served on 990426 ML20205M7621999-04-15015 April 1999 Notice of Withdrawal of Intervention of New England Power Co.* New England Power Co Requests That Intervention in Proceeding Be Withdrawn & Hearing & Related Procedures Be Terminated.With Certificate of Svc CLI-99-06, Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 9904071999-04-0707 April 1999 Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 990407 ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20204E6401999-03-24024 March 1999 Protective Order.* Issues Protective Order to Govern Use of All Proprietary Data Contained in License Transfer Application or in Participants Written Submission & Oral Testimony.With Certificate of Svc.Served on 990324 ML20204G7671999-03-23023 March 1999 Comment Supporting Proposed Rule 10CFR50.54(a) Re Direct Final Rule,Changes to QA Programs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20207H4921999-02-12012 February 1999 Comment on Draft Contingency Plan for Year 2000 Issue in Nuclear Industry.Util Agrees to Approach Proposed by NEI ML20203F9471999-02-0909 February 1999 License Transfer Application Requesting NRC Consent to Indirect Transfer of Control of Interest in Operating License NPF-86 ML20199F7641999-01-21021 January 1999 Answer of Montaup Electric Co to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests Motion Be Denied on Basis of Late Filing.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2461999-01-19019 January 1999 Supplemental Affidavit of Js Robinson.* Affidavit of Js Robinson Providing Info Re Financial Results of Baycorp Holding Ltd & Baycorp Subsidiary,Great Bay Power Corp. with Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q0151999-01-12012 January 1999 North Atlantic Energy Svc Corp Answer to Petition to Intervene of New England Power Co.* If Commission Deems It Appropriate to Explore Issues Further in Subpart M Hearing Context,Naesco Will Participate.With Certificate of Svc ML20199A4331999-01-11011 January 1999 Motion of United Illuminating Co for Leave to Intervene & Petition to Allow Intervention out-of-time.* Company Requests That Petition to Allow Intervention out-of-time Be Granted.With Certificate of Svc ML20198P7181998-12-31031 December 1998 Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Moves to Intervene in Transfer of Montaup Seabrook Ownership Interest & Petitions for Summary Relief or for Hearing ML20198P7551998-12-30030 December 1998 Affidavit of J Robinson.* Affidavit of J Robinson Describing Events to Date in New England Re Premature Retirement of Npps,Current Plans to Construct New Generation in Region & Impact on Seabrook Unit 1 Operation.With Certificate of Svc ML20195K4061998-11-24024 November 1998 Memorandum & Order.* North Atlantic Energy Services Corp Granted Motion to Withdraw Proposed Amends & Dismiss Related Adjudicatory Proceedings as Moot.Board Decision LBP-98-23 Vacated.With Certificate of Svc.Served on 981124 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML17265A8071998-10-0606 October 1998 Comment on Integrated Review of Assessment Process for Commercial Npps.Util Endorses Comments Being Provided by NEI on Behalf of Nuclear Industry ML20154C8171998-10-0606 October 1998 Notice of Appointment of Adjudicatory Employee.* Notice Given That W Reckley Appointed as Commission Adjudicatory Employee to Advise Commission on Issues Related to Review of LBP-98-23.With Certificate of Svc.Served on 981006 CLI-98-18, Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 9810061998-10-0505 October 1998 Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 981006 ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20154F9891998-09-29029 September 1998 License Transfer Application Requesting Consent for Transfer of Montaup Electric Co Interest in Operating License NPF-86 for Seabrook Station,Unit 1,to Little Bay Power Corp ML20154D7381998-09-21021 September 1998 Affidavit of FW Getman Requesting Exhibit 1 to License Transfer Application Be Withheld from Public Disclosure,Per 10CFR2.790 ML20153C7791998-09-18018 September 1998 Comment Supporting Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Util Endorses NRC Staff Focus on Operability & Funtionality of Equipment & NEI Comments ML20151Z5611998-09-18018 September 1998 Order.* Pursuant to Commission Order CLI-98-18 Re Seabrook Unit 1 Proceeding,Schedule Described in Board 980904 Memorandum & Order Hereby Revoked Pending Further Action. with Certificate of Svc.Served on 980918 ML20151Y0331998-09-17017 September 1998 Order.* All Parties,Including Util,May File Brief No Later than 981007.Brief Shall Not Exceed 30 Pages.Commission May Schedule Oral Argument to Discuss Issues,After Receiving Responses.With Certificate of Svc.Served on 980917 ML20153E8771998-09-16016 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents. Recommends That NRC Reverse Decision to Revise Emergency Planning Regulation as Listed 1999-09-02
[Table view] |
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DOCKETED UwRC 19 August 14,25 g92:41
'89 SEP-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION UI LATOMIC SAFETY LICENSING BOARD '
In the' Matter of Docket Nos. 50-443-OL PUBLIC SERVICE COMPANY OF NEW .. 50-444-OL HAMPSHIRE, ET AL. (Off-site EP)
(Seabrook Station, Units 1 and 2)
TOWN OF SALISBURY'S PROPOSED FINDINGS OT FACT AND CONCLUSIONS WITH RESPECT TO THE SEABROOK PLAN FOR MASSACHUSETTS COMMUNITIES Table of Contents'
- 3. Traffic Management-Plans 3.1 Findings of Fact 3.3 Conclusions
' The Town of Salisbury (TOS), as a limited participant in these proceedings, submits proposed findings of fact, and conclusions only with regard to those contentions listed in its request for limited participation.
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3.- Traffic Management Plans 3.1 Findings of' Fact-l-
3.1.1 Frank Beevers, Acting Chief of Police, testified-with regard to the traffic management plan for TOS. Chief l
Beevers holds the permanent rank of sergeant in the Salisbury Police , Department, and has over 30. years of experience as a-police officer for the TOS. Beevers Dir.
ff. Tr. 17217 at 2 - 3. The Board finds that Chief Beevers is competent to testify on the subjects he addressed.
- [ Appl. PF 3.1.7, 3.1.B].
1 3.1.2 The Board finds that the SPMC traffic plan for the TOS is inadequate. It fails to provide adequate personnel to expedite the evacuation of persons from the Salisbury Beach area. The number of Traffic Guides provided for in the plan is inadequate to maintain two-way traffic along Beach Road, remove obstructions, control conflict points, and expedite traffic. Beevers, Dir. ff. Tr. 17217 at 10. [ Appl. PF 3.1.9].
3.1.3 Salisbury Beach is an island about one-half to one-quarter mile wide which runs along the coast from the mouth of the Merrimac River north into New Hampshire. Three and one-half miles of the island is located in the TOS. The northern three-quarters of the TOS portion of the island contains numerous dwellings, many of which are occupied year-round. The southern quarter is occupied by the 2
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Salisbury Beach Reservation, which has a beautiful sandy g
' beach that attracts large crowds.during the summer time.
. Access.from Salisbury is via Beach' Road, also known as State _
Route 11A, which runs from the Beach through the Town center, Lknown as Salisbury Square. (There'is also an access in New Hampshire, Route 286.) Beevers Dir. ff. Tr. 17217 at 4 - 5.
- [ Appl. PF 3.1.33).-
3.1.4 During the summer, long traffic jams occur on Beach Road and other TOS roads. Beach. Road has only one lane'in"each direction, although it also has a breakdown lane on each side. On a Saturday or Sunday morning during the summer when there is good whether, traffic is often
- backed up along Beach Road to Salisbury Square, a distance of over two miles.- On occasion, it backs up all the way to I-495,-a distance'of over five miles. The inbound traffic slows by about 1 p.m., but by 4 p.m. the pattern reverses.
From that time until approximately 8:30 or 9:00 p.m.,
traffic-is generally backed up in bumper-to-bumper fashion along Beach Road, through Salisbury Square, and all the way to I-495. Beevers, Dir. ff. Tr. 17217 at 5 - 7; Tr. 17230.
I
[ Appl. PT 3.1.33).
3.1.5 This congestion is caused, in part, by multiple lines of cars merging into one lane. Vehicles trying to avoid the stalled traffic often use the breakdown lane, or-cross the centerline and use the other lane. When all the l
persons at the beach attempt to leave at once, as when there 3
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is a sudden rainstorm, the situation becomes far worse. The traffic becomes gridlocked along Beach Road and in Salisbury Square, which can last for three and one-half- to four hours before it returns to even the " normal" bumper-to-bumper
.cxiting flow. Beevers Dir..ff. Tr. at 8 - 9. (Appl. PF
[
l 3.1.33).
3.1.6 On a normal busy weekend without rain, it would require 12 police officers to expedite the flow of traffic from the beach and ensure two-way traffic flow. On Sundays when there is a sudden storm, twice as many are needed. In the event of an evacuation due to an incident at'Seabrook Station, approximately 50 would be needed, since year-round residents as well as day beach visitors would be leaving.
Since the SPMC provides for only 9 Traffic Guides along this route, it is clearly inadequate. Beevers Dir. ff. Tr. 17217 at 9 - 10. [ Appl. PF 3.1.33).
3.1.7 The Board finds that the design of TCP No. B-SA-06 is inadequate to expedite the flow of traffic. The traffic in this intersection in the event of an evacuation would be extremely congested, even more than it is when there is a sudden rain storm on a Sunday in the summer.
Traffic on Beach Road coming off of the beach will be turning south on Route 1, heading across the intersection to Route 110, and turning north on Route 1. If the Traffic Guide volunteers attempt to use cones to block all turns onto Route 1, as this diagram shows, they will not be 4
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successful. Two traffic cones placed as shown, or even three here, will not deter vehicles on Beach Road from turning left onto Route.1, especially since no traffic guide is stationed there. The three cones shown here will not deter vehicles coming off of Beach Road from turning right l onto Route 1 north, either. There will also be cross traffic on Route 1 which will not be deterred by the traffic r=*"
' guides and their cones. Overall, the traffic will be'too i
L congested by the time these traffic guides arrive to permit the orderly placing of traffic cones that this diagram calls for. B2evers Dir. ff. Tr. 17217 at 14 - 15; Tr. 17262-63; 17265-66; 17292. [ Appl. PT 3.1.41).
3.1.8 The use of traffic cones.by the SPMC is ineffective. Drivers will not be deterred by cones, which will simply be driven over.- The use of barricades would be necessary in order to try to control traffic, ensure a two-way traffic flow, and expedite evacuation. Even with barricades, however, there is no workable traffic control plan that could be put in place quickly enough in the event of a radiological incident at Seabrook Station to permit a controlled and efficient evacuation while maintaining two-way traffic flow. Beevers Dir. ff. Tr. 17217 at 17 - 18.
[ Appl. PF 3.1.38].
3.1.9 The TOS police department is a small department with only 17 officers. Although Chief Beevers testified that the TOS formerly stationed three officers at Salisbury 5
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Square to attempt to expedite traffic leaving the beach on summer weekends, the Board does not infer from that testimony that those' officers in fact were adequate.
Rather, the Board finds that they were not adequate, but due to manpower constraints, were the most the TOS could assign.
Currently, it assigns no officers to such traffic control because it has none available. Beevers Dir, ff. Tr. 17217 at 3, 10 - 11; Tr. 17241-43. [ Appl. PF 3.1.9].
3.1.10 The SPMC traffic management plan also fails to adequately address the effect of accidents, breakdowns, or other obstructions along Beach Road which will further slow evacuating traffic. During heavy summer traffic, such accidents and obstructions can take between twenty-five and thirty-five minutes to clear. Tr. 17292. [ Appl. PT 3.1.38).
3.1.11 Argumentative drivers can cause further delays if they distract or even physically assault civilian Traffic Guides who have no police back-up available. Tr. 17285-86.
[ Appl. PT 3.1.37). <
3.1.12 Applicants have failed to address the need for additional TCP's and Traffic Guides in the TOS. [ Appl. PF 3.1.33).
l 3.1.13 The failure of the SPMC to identify sufficient l
TCP's, and to adequately design and staff those it has identified, will Icad to traffic queues and impedance rather than expedition of traffic. The failure to account for 6
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~5
. breakdowns in TCP's, conflicts between notorists, disabled i vehicles, injuries, and motorist' inquiries will cause further' delays. Drivers faced with queues will use available traffic lanes, cut throughs, or drive through cones to attempt to escape. This type of behavior occurs-even under normal conditions, and would be exacerbated during an emergency evacuation. Beevers Dir. ff. Tr. 17217 a
at'7 - 8; O'Connor Dir. ff. Tr. 16458 at 16 .19;'14-15: Tr.
16321; 16330-32; 16516-17; 17264-66; 17292; 17285. [ Appl.
PT 3.1.34, 3.1.37, 3.1.18].
Respectfully submitted, l , Ge Barbara
.' Saint Andre ifm ,
Kopelman[andPaige, P.C.
77 Franklin Street.
Boston, MA 02110 (617) 451-0750 7
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l CERTIFICATE OF SERVICE I, Barbara J. Saint Andre, do hereby certify that on August
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14, 1989, I served a copies of the foregoing Town of Amesbury's, l City of Newburyport's, and Town of Salisbury's Proposed Findings l
l of Fact and Conclusions with Pespect to the Seabrook Plan for Massachusetts Communities by causing copies to be nailed, postage prepaid, to the parties on the attached service list, by hand delivery to Thomas Dignan, Esq., and by express mail to those marked with an asterisk.
Barbara Jl' Saint Andre j
4
Ivan Smith, Esq., Chairman Atomic Safety & Licensing Board (Off-site)
U.S. Nuclear Regulatory Commission Washington, D.C. 20555*
Administrative Judge Richard T. Cole Atomic Safety & Licensing Board (Off-site)
U.S. Nuclear Regulatory Commission Washington, D.C. 20555*
~
Robert R. Pierce, Esq.
Legal Counsel Atomic Safety & Licensing Board Panel (Off-site)
U.S. Nuclear Regulatory Commission Washington, D.C. 20555*
Adjudicatory File Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555*
Philip Ahrens, Esq.
Assistant Attorney General Office of the Attorney General State House Station 6 Augusta, ME 04333 Sherwin E. Turk, Esq.
Office of General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555*
BY HAND Thomas Dignan, Esq.
Ropes & Gray One International Place Boston, MA 02110-2624 Robert A. Backus, Esq.
Backus, Meyer & Solomon 111 Lowell Street Manchester, NH 03105 Ms. Jane Doughty Seacoast Anti-Pollution League 5 Market Street Ports =cuth, NH 7 801
.. , m H. Joseph Flynn, Esq.
Office of General Counsel Federal Emergency Mgmt. Agency 500 C Street, S.W.
Washington, D.C. 20472 Ashed N. Amirian, Esq.
145 South Main Street i P.O. Box 38 '
Bradford, MA 01835 Richard Donovan Federal Emergency Management Agency Federal Regional Center 130 228th Street, S.W.
Bothell, Washington 98021-9796 Senator Gordon J. Humphrey One Eagle Square, Suite 507 Concord, NH 03301 (Attn: Herb Boynton)
Richard A. Hampe, Esq.
Hampe and McNicholas 35 Pleasant Street Concord, NH 03301 Carol S. Sneider, Esq.
Department of the Attorney General One Ashburton Place Boston, MA 0210S Ellyn R. Weiss, Esq.
Piane Citrran, E s c ..
narm.a & Meiss 2C04 S Lcmt, N.W., Guite 430 Vashir;gt qn , D.C. 20009-17.25 William S. Lord Town Hall Frier,d Street Ar.enbury, MA 01?13 Senator Gordon J. Humphrey U.S. Senate Washington, D.C. 20510 (Attn: Tom Burack)
George Dana Bisbee, Esq.
Stephen E. Merrill, Esq.
Office of the Attorney General State House Annex Concord, NH 03301
. . i 1 i
Judith H. Mizncr, Esq. ,
79 State Street j Newburyport, MA 01950 1 R. Scott Hill-Whilton, Esq. d Lagoulis, Hill-Whilton & Rotondi 79 State Street .
Newburyport, MA 01950 Administrative Judge Kenneth A. McCollom 1107 West Knapp Street Stillwater, OK 74075*
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