ML19332D894

Submits That Recipient 891117 Ltr on Commission Response to Senator Glenn Re Having No Communications W/Governor Sununu Re Plant Emergency Planning Insufficient.Fuller Response from Commissioner Roberts Warranted.Svc List Encl

ML19332D894
Person / Time
Site:	Seabrook
Issue date:	11/22/1989
From:	Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:	Parler W NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#489-9512 OL, NUDOCS 8912060012
Download: ML19332D894 (6)

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November 22, 1989 2 Mr. William Parler General Counsel Nuclear Regulatory Commission h'ashington, DC 20555 Re In the Matter of Public Service (Seabrook Company Station, Unit 1) of NewNo.

Docket Hampshire, 50-443-OL et al. 'f M. g (Offsite Emergency Planning and Safety Issues)

Dear Mr.'Parler:

Thanks to a fax transmission, I am now in receipt of your November 17, 1989 letter responding to my letter of November 8, 1989, regarding Commissioner Roberts.

, In your response, you provide no information from Mr. Roberts,

l. however you do enclose a June 27, 1988 response to Senator John Glenn to certain questions posed by the Committee on Governmental

' Affairs pertaining to radiological emergency planning for the Seabrook nuclear power plant.

! As you point out, in response to question 3, the Commission's L answer to the Committee includes the statement that "the E Commissioners have not had any communications with Governor Sununu covering emergency planning for the Seabrook nuclear plant."

l I respectfully submit that this is not a sufficient response to L the' matters I addressed to you in my letter of November 8. In L that letter I inquired not only about direct communications between Commissioner Roberts and Governor Sununu, but whether Commissioner Roberts had "otherwise expressed opinions on either the adequacy of, or the requirements for, an emergency plan around the Seabrook nuclear power plant." I believe it is essential to have Commissioner Roberts disclose whether he has had any contact regarding the adequacy of emergency planning at Seabrook, the size of the-emergency planning zone, or the standards that should be l

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i Mr. William Parler Page 2 November 22, 1989 e applied to emergency planning at Seabrook, not only with Governor r

Sununu personally, but with the members of Governor Sununu's staff, including, for example, the former head of the New Hampshire Civil Defense Agency, Mr. Richard Strome.

You will recall, that in the transcript excerpts which I sent to you from the deposition of Mr. Thomas, and which were supplemented by NRC Staff Attorney Reis' letter to you, there was a specific

! understanding that Mr. Thomas had received, apparently either from Mr. Strome or Mr. Nawoj of what was formerly the New Hampshire Civil Defense Agency, that there had been discussions involving Commissioner Roberts concerning the possibility that the Seabrook emergency planning zone could in fact be reduced, due to the allegedly unique features of the Seabrook containment.

I believe Commissioner Roberts should be asked if he did make such statements, or expressed his view on this. matter in any way, in the time frame indicated, around 1983. (This of course was three years before the Seabrook Applicants formally petitioned the IGC for reduction of the Seabrook emergency planning zone from ten miles to one mile.)

You may not be aware of the extent to which the NRC's credibility has become an issue in this area. I enclose ecpies of editorials from the KEENE SENTINEL of November 17, and the CONCORD (New Hampshire) MONITOR of November 15, indicating the extent of cynicism regarding the NRC's commitment to public safety and due process.

Since the credibility of the NRC is an important factor in the overall acceptance of nuclear power, and of its safety, we believe a fuller response than what you provided in your letter of November 17, simply enclosing the responses to Senator Glenn's Governmental Affairs Committce, is clearly warranted.

L Very t,ruly yours, a f/ %4 3

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,Robbrt A. Backus RAB:jsr Enclosures cc: Service List L

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40 The Keene Sentinel Fnder. N ven.tset 1139ap '

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\ Ehe Neene i Scalinel !- arj i

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OPINION PAGE EdedbyGuyMocMan l

1.  :

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I The NRC stench  !

h Bombreak beenairg roDer coaster tesi swo more e ersey dips this wook. Unless Congrees steps in quicWy, the '

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• nuclear power plant le now almost certain to get an operal-

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ing bcense, despite serious Dawe is lie evacuation plana.

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Consider thee recent events. . I

' last sumswr, b NRC*a Atomic lafety and IJeonsms l

board determined Liat the Nem Hampshire part of the See '

I brook evacuaties plan was good enough for government a work. bre was *ecaw aman twidual nak? an NRC ab

cal admitted, but *we do met balwwe that this run, is umae.

septable e is aissuAcantly greater ha at abr denney populated sites'Very teensurseg.

But the Atomic Safety and !Joenslag kraal Board - a i higher authority within the NRC - diangned. Ten days ago, .

It ruled ht the New Hampehire evacuation plan dad not gwrantee the safety of benchsgoere and people la instite- ,

tions it wat the plan bach to the hcensing board for further bearings. i ha, earher this week.'the kicensing board approved t [

& rut of the evacuation plan, the part pertaining to Masse-

• chusette twidents. ht plan eas densed by bombreuk's owners, because Muenchanetts o!5cials afused to cooper-one on the gnunds that a safe evacuation was impossible.

• h heenning board went on to esprus the opinion that .

the appeal board's rejection of k New Hampshire evacua- 5 tion plan - sad, ree4hng beteno the linea, las likely reject. ,

non of b Maunchusette plan as'weu - abound not be i allowed to delay b plant's operatang hconne, la other words, tim Atomic safety and Licensing Board  ;

- abich la obviously partly manamed . thinks the NRC commissioners should grant Seabrook a heense even Lt.ough safety quosLions remain unresolved, h ruction te that suggestion was owlft. Members of Congna tw Manuchuutta drafted the fol;owing letter to Llw two congressional committne that oversee the asuvities of Llw NRC: .

i

• We urge the committee to ingulre into bow b NRC can continue luuing beennes a ben b appeal board hca ee-knomledged that it t.as no idea what the governing statutory , I standard Creasonable assurance of adequate protective awanures') awans with respect to e' mergency planning,"end "

the commission itself bas made . radically, conDacting - 1 statements en the satsech';. * *= '. -

Genator Edward Kennedy of Massachusetts sailed the h. ,

ceasing board's ruling *perhaps the smost trraponsible se-taos that I have asen taken by any administrativo agency in b g8 years I have teen in the Senate.' Senator John Kerry of Massachusetta said the decialen was *sbusive* and *ar-regnat? Senator Gordon llumphrey of New Hampshire said,

• The bcensing board has undercut due proceos, fairaees and safety, not to mentior public con $dence. b stench is over- .

powering

• Senator Warna Rudman of New Hampshire refused to  ;

join the call for a congressional invutigation, saying enh that the NRC should review safety laaues twfore it granta Seabrook a full.powerlicense, Rudaian's faith in the integrity of the NRC is unde-served. As if to underline the need for a congnesionalinves-tigation, the NRC commissioners decided yesterday to bypass the safety appeal board and begin en immediate re-view of the Seabrook license application. Supporters and op-ponents of the p' ant agne that this move is likely to lead quicUy to a fuu. power beenee. Safety be damned.

This e-uk's events show that all rationahty has left the agency that's supposed to look out for puhhc safety pear nu-clear plants. Kennedy, Kerry and Humphrey are nght; If ever there uns a case that ernd out for immedate congne-sionaloversight, itis this one.

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More power games t n- .

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I' ,,7We believe the nation's nuclear regulatory system,like its system  ;

' i E E O[.~P nIOn 'for regulating savings and loan bahks and its Department of Editorial

. H6using and Urban Develop- ,

i

. ;c ment,has long been corrupt. How )

else to explain decisions like that tem's decisions have long been

• i 1,  ; made last week by the Atomic foreontained. But they will be l

Safety and Licensing Board? tested, first in the federal appeals i

!. _  ; Overruling a higher authority, court in the District of Columbia i Rs.own appeals board, the licens and ultimately in the U.S. Su- l l

9ng board decided that Seabrook preme Court.Congressionalscru .

'cas go to full power despite prob- tiny would help to ensure the im , 1

' ' l Rems with the evacuation plans in. partiality of the appealsl

ew Hampshire and the non. par. judge assigned the case when j CONCORD (j)MONTOR hiassachusetts, among others, re-i Page B8 / Wednesday, November 15,1989 g ;ipation of biassachusetts.

In the interests of safe- quests a stay of Seabrook's full-  !

license. )

f uarding ent andthethe credibility welfare of New of govern- it power [s also long past ti!

'Mampshire's citizens and tourists, Gov.Judd Gregg to act.The state

$ urge New Hampshire Sen. is going to great lengths to pro-

. Warren Rudman to join with Sen. tect the fiscal health of its citi- '

l *Gordon Humphrey and blassa- rens, but it has ignored their e%setts Senators Edward Ken- health and safety by deferring to

h.edy and John Kerry'in calling a debased higher authority. Th t

lor' a congressional investigation state's own evacuation plansi

~

I of the Seabrooklicensing process. ceived as they were by appoint-Seabrook's owners, the na- ees of wildly pro-nuclear gover-

N^ !ltto j ; b's nuclear power industry and nors, have as muc s, l.thq federal. Nuclear Regulatory the foolish emergency calendar

! .,Copunission are rammhg the, ill- residents are supposed to consult t I: sited plant down its neighbors when the strens go off. '

Lhr. oats. To that. end, when the Gov Gregg and his parents l:iommission's own rules have have summer residences at Wal-stood in the way of a Seabrook 11 lis Sands, which is well within the i

o cense, the ' commission has al Seabrook evacuation sone.

! ways changed the rules.- . Gregtl s own exper ences nSa i i e-It has done so once again by coast traffic should persuade him l

saying that for Seabrook to be 11 that the evacuation plans are a censed, evacuation plans don't farce.It is time for Gregg to with-Mve to work, they simply must draw the state's evacuation plans

[ exist. That change was made be- and to oppose the plant's licens-

cause no evacuation plans for the ing on safety grounds. That will crowded resort areas could be ex- not stop Seabrook, but it would fected to work. help lead to a fairer analysis of

The plans themselves, based this surrealscheme.

• as they are on the narticipation of In joining the call for a con- ,

school bus drivers, teachen, po- gressional investigation, Sen.

ljce officers and others who have Humphrey said:"By rejecti.ng the

• :said they would look out for their decision of the appeals board, a

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qwn families' safety first in the superior body I might add, the 11-

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cvent of a catastrophe, have been censing board has undercut duc a sham all along. They were process, fairness and safety, not

!~ batched without regard to the to mention public confidence.The dosages of radioactivity the popu- stench is overpowering."

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lace might receive in the event of . The smell, Sen. Rudman and l

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an accident. The regulators are Gov. Gregg, is not coming from l  : cold bloodedly willing to sacrifice fish rotting on Hampton Beach.

human safety to safeguard inves What stinks is the system being

tor dollars, used to steamroller the people j The nuclear regulatory sys wholive near the Seabrook plant.

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1 Adminstr::tise Judge Administrativa Judg3 Dock; ting cnd Servica

.Gs" Paul B:llwerk, III, Chran. James H. Carpenter .

US NRC Atomic Safety and Licensing Alternate Technical Member Washington, DC 20555 Board Atomic Safety and Licensing

.US NRC Board W:shington, DC 20555 US NRC Washington, DC 20555 's Nr 27 P3 :47 i Robert R. Pierce; Esq. Kenneth C. Rogers, Commissioner' Atomic Safety & Licensing Atomic Safety and Licensing US NRC ""' Appeal Board Panel

, Board' Washington, DC 20555 US NRC

!' US NRC Washington, DC 20555 W:shington, DC 20555 I

[:

. Administrative Judge Thomas M. Roberts, SAPL 1 Thomas S. Moore Commissioner 5 Market Street g US NRC US NRC Portsmouth, NH 03801 W:.shington, DC 20555 Washington, DC 20555

' Administrative Judge Kenneth M Carr, John Traficonte, Esquire

! Alan S. Rosenthal

. Commissioner Assistant Attorney Genera US NRC US NRC One Ashburton Place W:shington, DC 20555 Washington, DC 20555 19th Floor Boston, MA 02108 s

I

Administrative Judge James R. Curtiss, Senator Gordon J. Humphrt Howard A. Wilber Commissioner U.S. Senate US NRC US NRC Washington, DC 20510 W

shington, DC 20555 Washington, DC 20555 (Attn. Gordon Mcdonald)

Administrative Law Judge Peter B. Bloch, Chrmn. Thomas G. Dignan Esquirt Ivan W. Smith, Chrmn. Atomic Safety and Licensing Jeffrey P. Trout, Esquirt Atomic Safety and Licensing Board Ropes & Gray Board US NRC One International Place US NRC Washington, DC 20555 Boston, MA 02110-2624 W hington, DC 20555

'Adrinistrative Judge Atomic Safety and Licensing Diane Curran, Esquire Kenneth A. McCollom Board Panel Harmon, Curran & Tousley Atomic Safety and Licensing US NRC 20001 "S" Street, N.W.

B:ard Washington, DC 20555 Suite 430 '

US NRC Washington, DC 20009 W2:hington, DC 20555

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Edwis J. Reis, Esq;ir]

Office cf Gener:1: Corns 31

'.US NRC

Washington,'DC 20555 s

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' 'P;ul McEachern. Esquire n Shaines & McEachern P.O. Box 360- >

Haplewood Avenue P;rtsmouth, NH 03801 ,

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l-S:ndra Gavutis e

~RFD 1, Box 1154 East Keningston, NH 03827 l'

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Mitzi A. Young

Attorney Office of the General Counsel ,

US'NRC ..

Washington, DC 20555 .

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' George W. Watson, Esq.  ;

-Federal Emergency Management Agency 500 C Street, S.W.

Washington, DC 20472-r l t

Geoffrey M. Huntington, Esq.

Office of Attorney General State House Concord, NH 03301 2

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