ML19327B706

Affidavit of Dj Rowe Re Voiding of Emergency Broadcast Sys (Ebs) Ltrs of Agreement.* Discusses Applicant Refusal to Live Up to Commitments to Commonwealth of Ma Ebs.W/ Supporting Info & Certificate of Svc

ML19327B706
Person / Time
Site:	Seabrook
Issue date:	10/26/1989
From:	Rowe D MASSACHUSETTS, COMMONWEALTH OF, WSRO, MARLBORO, MA
To:
Shared Package
ML19327B697	List: ML19327B696 ML19327B702 ML19327B704 ML19327B706
References
OL, NUDOCS 8911060407
Download: ML19327B706 (17)

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UNITED STATES OF AMERICA l NUCLEAR REGULATORY COMMISSION j

ATOMIC SAFETY AND LICENSING BOARD Before the Administrative Judges Ivan W. Smith, Chairman Dr. Richard F. Cole '

1 Kenneth A. McCollon i

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In the Matter of ) Docket Nos. 50-443-OL

) 50-444-OL t PUBLIC SERVICE COMPANY )

OF NEW MAMPSHIRE, ET AL. )

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(Seabrook Station, Units 1 and 2) ) October 27, 1989 l

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AFFIDAVIT OF DOUGLAS J. ROWE  !

REGARDING THE VOIDING OF THE EBS LETTERS OF AGREEMENT  !

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I,' Douglas J. Rowe, being duly sworn, state as follows:  ;

1. I am co-chairman of the Massachusetts Emergency I

Broadcast System. The Massachucetts Emergency Broadcast System ;d

("EBS") is the association of radio and television stations in Massachusetts that voluntarily agree to participate in the EBS. I an also the Federal Communications Commission appointed '

co-chairman of the State Energency Communications Committee; an  !

owner and operator of WSRO (AM) located in Marlboro, t Massachusetts; and a practicing attorney in the Commonwealth of '

Massachusetts with an office located at 21 Cotting Avenue, Marlboro, Massachusetts. '

p;At18881BI!8llga O

ATTACHMENT G ,

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2. On September 14, 1987 in my capacity as co-chairman of i

i the Massachusetts EBS, I signed a letter of agreement that i recognized the New Hampshire Yankee ("NHY") offsite Response Organization ("0R0") as a responsible organization within the }

i meaning of the rules and regulations governing the EBS.

(Exhibit A) In accordance with those rules and regulations, t

the Massachusetts EBS is authorized to recognize any responsible local business or organization that may be i:

responsible for creating or reporting a local emergency, t

3. In return for the above-described recognition, NHY  !

l committed to provide certain services and equipment at its own expense to the Massachusetts EBS stations in the Merrimac ,

Valley operational area that includes the Seabrook Station Emergency Planning Zone. That equipment was to include a '

dedicated telephone line and answering device with compatible taping equipment, a radio link and other equipment as needed ,

for the Merrimac Valley operational area. As recently as  !

November, 1988, NHY confirmed its committment to providing that ,

equiptuent. This confirmation was evidenced by NHY sending out f a communications contracting firm, A11Comm, to discuss the provision of equipment to the EBS stations. That committment  !

was further evidenced by the follow up letter sent by Gary J. 5 i

Catapano, president of A11Comm, as a follow up to those ,

discussions. (Exhibit B)  !

l 4. On September 20, 1989, I met with representatives of NHY to discuss NHY's committments to the Massachusetts EBS.

During the course of that meeting, I learned that NHY would not i live up to its agreement with the Massachusetts EBS stations.

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As a result of that meeting, I drafted a letter dated September '

i 20, 1989 that revoked my previous letter of agreement dated '

September 14, 1987. (Exhibit C) In response to a request by i NHY that time be afforded to their management to discuss the  ;

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matter, I withheld that letter of termination. l

5. In response to a letter dated September 29, 1989 from  !

R. Boyd, Jr. , Performance Service Manager of NHY, (Exhibit D) I f sent a letter dated October 13, 1989 that officially informed NHY of and formally affirmed the revocation of the EBS letter of agreement with NHY. (Exhibit E) f

6. Because of NHY's refusal to live up to its committments to the Massachusetts EBS, the Massachusetts EBS '

will no longer continue to participate in emergency planning  !

with NHY, does not recognize the NHY ORO as a responsible organization, and any and all former agreements between NHY and i l the Massachusetts EBS are void.

The foregoing is true and correct to the best of my knowledge and belief.  !

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.,,f /. / ct9< 4 Douglas J. Rowe / f t

Subscribed and sworn to before this d ~ day of October, 1989.

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. , . , .s Notary Public, My Commission Expires (

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C The Messochusetts Emergency treedcast $gstem is Committed to responding to eng emergency that meg effect residents of Messachusetts. The Emergency Broadcast System is a potentary organization autherfred by and created by the Federal Communications Commitslan. Its primary function is to ciert the public in the event of a Presidential Declaration of Emergentg; most specificly nuclear etteck. But the authority to use the EBS has been delegated down to the individual licenses which must use its

" independent discretion and responsibility ".

The Messachusetts Emergency Breedcast System would recognize eng responsible local business or ergenization that meg be responsible for creating er reporting a local emurgency.

, Rfter review of New Nampshire Yankee's Offsite Response trganization and determining that en incident et New itempshire 4

Yankee could effect Messochusetts residents and that activation of the EDS could mitigets the effects caused by en incident the New

llempshire Venkee Offsite Response Organization is recogenized as j e responsible local ergenization within the meaning of the Rules and Reguistions governing the EBS.

ilHth regard to the planning and implementellen of the eierting system it is understead that NilV/0RS will provide certain

, services and equipment et its enpense end that this process of pionning and implementellen will be en engeing one, The following equipment and services will he inittely supplied:

1. Dedicated telephone line end answering device with competable taping equipment.

2. Fan er similar device for receiving herd copy of eng message.

3. RPW or simNor transmit / receive equipment to enable messages to be sent / received without reliance en telephone. Illse, to eneble EDS station to transmit from incident eres er from erees that the incident meg cause en effect.

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m a . ^r' George S./ Thomas Douglas J. Aowe//

Vice President of Production Co. Chairman V New Hampshire Yankee Massachusetts Emergency Division of Public Service Broadcast System Company of New Hampshire Agent for the Seabrook Joint Owners b'W ? YU . l7lW?

Date Date ' /

EXHIllIT A

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165 Merwil Court, Kmu, NH 03431 603/357 0009 1

. November 14, 1988 l i

i Mr. Doug Rowe, Esq.

Morse, Morte and Rowe i P.O. Box 617 Marlbero, Massschusetts 01752 {!

Dear Doug,

l Fer our discussions, attached is a description of the EBS equipment i package AllComm, Inc. has developed for broadcast stations. >

i This package was developed based upon research relative to the EBS f network's current centiguration and its operational status. This l l research specifically examined these issues for the New England area, l however, our research included discussions with Emergency Management c

Agencies in Florida, California, and Tennessee, broadcasters from j around the country and officials from FEMA and the FCC.  :

l The basie intent of these efforts was to determine the opere.tional l t

status of the EBS network. We needed to know what was broken and what could be done to fix it, if anything. These efforts were all  !

encompassing and not limited to hardware issues. They included other }

l important areas such as training of station personnel, development of -j EBS procedures for each station, and the need for ongoing  ;

preventative maintenance and surveillance programs for station EBS i hardware packages. l At the same time we were conducting our review, there were several i other efforts underway at a federal level which may have appeared at  !

I first to be headed touards the same goal. These efforts, however, were directed towards the further development of EBS as a l communications link from the President to the public during a time of  ;

an emergency. This of course was the original purpose for which EBS l was conceived.

I In contrast to these efforts, the problems facing emergency management personnel and broadcasters on a daily basis are quite  ;

different. These problems often require the activation of EBS for  !

rapidly developing technological incidents that effect several municipalities or a county-wide area. It is for these types of incidents and regional weather advisories for which EBS is most often i utilized. Therefore, it is logical to conclude that EBS must be fine-tuned on a station-by-station basis in order to be responsive to i s -these types of incidents. Our research and recommendations for l creating a responsive functional EBS network are focused along these l lines. EXHIBIT B

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In order to achieve this goal, we have developed a basic generic equipment package to be installed at each station in the operational area. This equipment package is designed to "fix" all of the hardware items that we identified during our research as being inadequate. The package is also designed to facilitate the initial notification to station personnel and to assist personnel with EBS i responsibilities once activiated. This " generic" package is then tailored to fit a particular station's needs and management concerns. I Procedures for station personnel are reviewed, revised or developed, i and a specially developed training program is initiated. Once installed, the EBS equipment itself is also placed under a preventative maintenance and surveillance program. A training review is conducted on an annual basis and training is provided for new station personnel as required.

Collectively, these efforts combined with the willing participation of the broadcasters, state, and local authorities create a viable and responsive EES network. -

This program and hardware equipment packages have been in place and operational in the State of New Hampshire for the Seacoast ,

Operational Area since March of 1987 Several broadcast stations outside of New Hampshire also have installed these equipment  !

packages. If you would like to visit one of these stations, or would prefer a demonstration of the hardware package at your location,  !

please let me know.

Thank you again for your interest in our products and services.

Sincerely, Gary J. Catapano, President GJC/cer L

Attachments l

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M m if M f f f f//////  !

165 Merull Court, Kww. NH OM31 603/357 0009 l I

i OPERATION OF THE CATAPLUNKT EBS NOTIFICATION SYSTEM i The system utilizes the CPCS-1 station as a " gateway" station  !

allowing access and control of the operational area. The other  :

. stations in the operational area monitor the gateway station. These ,

stations are termed satellite stations. .

Th6 equipment at the satellite stations monitors the CPCS-1 station  :

continuously. The equipment package installed at each station  !

consists of the following: the ESS Custom Control Unit, a TFT EBS Receiver, Encoder, Decoder Unit and a specially modified Nakamichi MR 2 Cassette Deck. High power strobe lights are utilized as visual i snd silent means of notification to personnel in the air studio (s).

l When the gateway station transmits an EBS tone, the TFT Decoder  !

decodes the signal and activates the EBS Control Unit which causes l the following events to occur simultaneously: ,

F 3. The strobe light (s) in the air studio (s) begin to flash, j

2. The receiver on the TFT "unmutes" and the emergency message I being transmitted by the CPCS-1 becomes audible over the speaker. A " mute" switch is provided to override this feature if the equipment is installed in the air studio.  !

l j 3. The cassette deck starts automatically and begins recording +

l the emergency message being broadcast. *

4. The brcadcast audio from the CPCS-1 station comes up on  ;

the console on the channel utilized for EBS and the DJ can select it on " cue" channel in order to monitor it.  ;

The strobe light remains " flashing" until reset by a remote reset >

button installed on the audio console. However, the remote reset button does not stop the tape recorder which continues to run for 10 minutes or until manually reset via a switch on the EBS Control Unit. ,

When alerted by the flashing strobe light (s), station personnel are trained to select the appropriate channel on the audio board and bring up the EBS audio on " cue" to determine if it is a test or an actual emergency EBS activiation.

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It it is an actual emergency, the station can rebroadcast the message recorded from the CPCS-1.

L The encoder portion of the TFT Unit is wired to the EBS activation L

button installed on the audio board to allow activation from the air studio. Should an AM and FM station be co-located, the equipment can l be remoted to both air studios. Special audio bridging can be added l for simulcasting emergency information. Additional equipment wiring is performed at each station to allow operation of the features described above.

An outdoor antenna is normally provided with each package. Where necessary. a notch filter or " trap" is also provided to ensure proper operation in the presence of strong R.F. fields, i

When complete and installed, the system is placed under a monthly preventative maintenance and surveillance program.

In order to allow integration of the Operational Area with the state-wide EBS Network, the EBS equipment package at the CPCS-1 station is tuned to monitor the State Operational Primary Relay Station.

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ee ee l Grbat Radio

.h PO. Som 566 e 48 Fitchburg St . Mariboro, Massachusetts 01752 . (508) 445 1470 S* tang 20 September 1989 I

% Mr. Michael Lewis ggl ri Esergency Preparedness / Resource Supervisor New Hampshire Yankee

' 8,g Post Office Box 300

1. l4 Seabrook New Hampshire 03874 Dear Mr. Lewist Pursuant to our meeting today I, as Co-Chairman of the Massachusetts Energency Broadcast System hereby revoke my letter of 14 September 1987.

New Hampshire Yankee has, regretfully, refused to honor the terms and conditions of that letter of agreement.

It has been two years since the ' letter was tendered and the E.B.S. stations of Merrimac Valley have not received the promised cooperation. The limited equipment installed has not fulfilled commitments made, oral or written.

Sincerely.

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Douglas J. Rowe Co-Chairman l

Massachusetts Emeregency Broadcast System Enc 1: Agreement 14 September 1987 l

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EX111 BIT C Semng the Afftvent Suburoon Market Between Boston onc Worcester 24 Hours O DOV ,

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SEP894479 EP3.0.00.15 New Hampshire Yankee .

September 29, 1989 Douglas Rowe Mass. Energency Broadcast Systen P.O. Box 566 Marlboro, MA 01752

Dear Mr. Rowe,

Pursuant to our meeting of September 20, 1989, New Naapshire Yantee would like to outline its comattaants with regard to Public Notification and future Energency Planning participation by the State of Massachusetts.

NMY's comattaent concerning Public Notification, as negotiated with federal officials, is to issue all residents, schools, businesses, public buildings, nursing homes, etc. public information material. This material outlines the responses the public should follow in the event energency strens are sounded within the six towns of the Seabrook Energency Planning tone. In addition, tone alert radios are being distributed to public &

private schools, day care facilities, nursing homes, special needs facilities, hotels, notels, inns, hospitals and businesses.

These radios will activate once an EBS tone is received from WLYT, and then monitor the station for emergency information.

The second issue is the future participation of Mass. in Energency Planning for Seabrook Station. Once the State begins to plan with NNY, we vill re-evaluate our broadcasting capabilities and requirements, will formulate cost effective alternatives and implement the selected alternative. If the Merrimack Valloy ESS Network is utilised, due to prudency considerations, federal and State assistance must be requested, documented and denied prior to a re-evaluation by NNY.

We hope our position in this matter is clear and appreciate the support you continue to provide on our behalf. NNY wishes to continue our relationship with you and the Mass. BBS. If you have any questions or concerns please call as at (603) 474-9521 Ext. 2417. Thank you for your time and we look forward to your continued cooperation.

Sinc ely,j

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R. Boyd, r.

Performance Services Manager EXHIBIT D jjg9451 l

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"Grbat Radio"  ;

PO. Som $66 e 48 Fttchburg St . Marlboro. Massachusetts 01752 + (508)485 1470  !

%* october 13, 1989 i t

L i e/g Mr. R. Boyd, Jr.

1. N .l Performance Services Manager Sql P. o. Box 300 i Seabrook, NH 03874  !

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Dear Mr. Boyd:

f Your actter of September  !

. .'O, 19H9, in mit accur.ite ! It '

, a t tempts to descri be a mee t ing bol..c 70 un. If you will i recall, at the end of that meeting there was no spirit of Cooperation.  !

i I said to you that as 60-Chairman of the EDS Systems in Massachusetts, I was going to withdraw my letter of September 14, 1987. In fact, a copy of the letter I intended to send you was FAX'D to you on September .7011: qivinq you the furth r l opportunity to review the commitment made by Mr. Thomas.

L-After telephone calls and a request by N.H.Y. to delay the withdrawal, I agroed. It was understood that the reason  !

for the delay was N.H.Y. was to submit a revised commitment. I Your plan as submitted to NRC includos the EBS Systam. '

You now say, and I quote, "IF the Morrimac Valloy E.B.S. i Network is ,utili::cd. "

I still remember the days of N.ll.Y. as!:ing Mr. Bassott of WCGY "

and myself to sign, " quick instant" drawn agreements with tho' intent of complying with FEMA requirements. My recollection was that the FEMA regulations require nuclear plants to cooperate with and be integrated with the E.B.S. System. As I tried to tell you at our mooting, there was an intont to put Massachusetta rosidents on oc,u.11 rooting with New flampshire residents. Mr. Ca t a p.un s .ns u u r et t mo that, he wou t cl i n.s t a l l a systcm in the Morr im.u- Volley conul:.l.aut. with t. i n ' nyutem

• described lator in the attached totter.

To my disappointment, the CPCS-1 station WCGY "the gateway" to Massachusetts, has not received the committed equipment or services, not to mention the other stations of the Merrimac Valley. Your selection of WLYT as a source to activate specific receivers is voll intentioned and commendable, but does not .

l activate the E.B.S. System. ,

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EXHIBIT E l

. SeNog the Affluent Suburbon Market Between Boston onc Worcester 24 Hours o Doy

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i' Your letter indicates a total lack of understanding of the E.B.S. l System. WLYT does NOT trigger a notification to the general ~

public. It triggers only YOUR system. The many radio stations serving the general public would receive NO notice. Your idea that the media would decend on your media center is perhaps accurate, but FEMA and the E.B.S. System do not work by press r release. FEMA regulations involve agreements with CPCS-1 stations l and coordination with state emergency E.B.S. chairmen. I suggest r i

you review the regulations.

My most disappointing thought about your letter is that you say that N.H.Y.'s commitment concerning Public Notification was i negotiated. Can you please tell me when, where and who negotiated away the rights of the general public ?  :

As you can read from the attached copy, which was previously FAX'D to you, I said that I had reviewed your plans and  ;

determined that N.H.Y. was a " recognized responsible" >

organization.

operators of In view of the apparent change in attitude of the N.H.Y., I now formally submit withdrawal  ;

authorization, dated September 20, 1989, and I am sending a copy [

of this communication to the CPCS-1 station WCGY.

very truly ours,

@~. bs

.f Douglas J Rowe Co-Chairman .

Massachusetts Emergency Broadcast System ,

ATTACHMENTS; A. Letter of withdrawal 9/20/89 B. ['

Co-Chairmans EBS letter 9/14/87 C. WCGY letter 9/14/87 D. All CommSystem Plan & Letter dated 11/14/88 E. N.H.Y. letter'9/29/89 ,

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cc: WCGY 1

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i UNITED STATES OF AMERICA '89 OCT 31 P2:32 l NUCLEAR REGULATORY COMMISSION l t

ATOMIC SAFETY AND LICENSING BOARD gM"u Ju .. , -

1 Before the Administrative Judges: '

Ivan W. Smith, Chairman  !

Dr. Richard F. Cole Kenneth A. McCollom f

o ) I In the Matter of ) Docket Nos. 50-443-OL  ;

) 50-444-OL  :

PUBLIC SERVICE COMPANY )  !

OF NEW HAMPSHIRE, EI AL. ) i

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(Seabrook Station, Units 1 and 2) ) October 30, 1989 l

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CERTIFICATE OF SERVIqE f

I, Leslie B. Greer, hereby certify that on October 30, 1989, I made service of the within INTERVENORS' CONTENTION ON THE VOIDING OF s, THE EBS LETTERS OF AGREEMENT by Federal Express as indicated with (*) '

and October 31, 1989 by first class mail to:

• Ivan W. Smith, Chairman *Kenneth A. McCollom -

Atomic Safety & Licensing Board 1107 W. Knapp St. 1 U.S. Nuclear Regulatory Stillwater, OK 74075 4 Commission  !

East West Towers Building

• Docketing and Service '

4350 East West Highway U.S. Nuclear Regulatory -

Bethesda, MD 20814 Commission

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Washington, DC 20555 f

• Dr. Richard F. Cole Paul McEachern, Esq.  ;

Atomic Safety & Licensina Board Shaines & McEachern

• U.S. Nuclear Regulatory 'mmission 25 Maplewood Avenue East West Towers Building P. O. Box 360 4350 East West Highway Portsmouth, NH 03801 Bethesda, MD 20814

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• Robert R. Pierce, Esq.

• Thomas G. Dignan, Jr., Esq.

Atomic Safety & Licensing Board Katherine Selleck, Esq. l U.S. Nuclear Regulatory Commission Ropes & Gray i East West Towers Building One International Place i 4350 East West Highway Boston, MA C2110 i Bethesda, MD 20814 l

• H. Joseph Flynn, Esq. *Mitzi A. Young, Esq.  !

Assistant General Counsel Edwin J. Reis, Esq. i office of General Counsel U.S. Nuclear Regulatory ['

Federal Emergency Management commission Agency office of the General Counsel 6 500 C. Street, S.W. 15th Floor l Washington, DC 20472 11555 Rockville Pike  ;

Rockville, MD 20852  !

Atomic Safety & Licensing Robert A. Backus, Esq. 'i Appeal Board Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing Board Jane Doughty U.S. Nuclear Regulatory Commission Seacoast Anti-Pollution League Washington, DC 20555 5 Harket Street Portsmouth, NH 03801 Charles P. Graham, Esq. Barbara St. Andre, Esq.

! Murphy & Graham Kopelman & Paige, P.C.

I 33 Low Street 77 Franklin Street l Newburyport, MA 01950 Boston, MA 02110 Judith H. Mizner, Esq. R. Scott Hill-Whilton, Esq.

p 79 State Street Lagoulis, Hill-Whilton l 2nd Floor & Rotondi Newburyport, MA 01950 79 State Street Newburyport, MA 01950 Dianne Curran, Esq. Ashod N. Amirian, Esq.

Harmon, Curran, & Towsley 145 South Main Street Suite 430 P.O. Box 38 2001 S Street, N.W. Bradford, MA 01835 Washington, DC 20008 Senator Gordon J. Humphrey Senator Gordon J. Humphrey U.S. Senate One Eagle Square, Suite 507 Washington, DC 20510 Concord, NH 03301 (Attn: Tom Burack) (Attn Herb Boynton)

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John P. Arnold, Attorney General Phillip Ahrens, Esq. '

office of the Attorney General Assistant Attorney General  ;

25 Capitol Street Department of the Attorney )

Concord, NH 03301 General  !

r Augusta, ME 04333 {

William S. Lord Board of Selectmen i Town Hall - Friend Street l

Amesbury, MA 01913 l

COMMONWEALTH OF MASSACHUSETTS l

JAMES M. SKANNON f ATTORNEY GENERAL ,

'L$1E b. hl&1 John Traficonte  !

Chief, Nuclear Safety Unit Leslie B. Creer 1 Assistant Attorney General Nuclear Safety Unit l Department of the Attorney General  !

One Ashburton Place  :

Boston, MA 02108-1698  !

(617) 727-2200 L

DATED: October 30, 1989  !

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