ML19209B213

Application for Subpoenas to Be Issued to Ma Dept of Public Health & to Ma Civil Defense Agency & Ofc of Emergency Preparedness for Attendance at 791001 Hearings on Util CP Application.Ltr Re Facility Monitoring Sys Agreement Encl

ML19209B213
Person / Time
Site:	05000471
Issue date:	08/24/1979
From:	Lewald G, Stoodley D BOSTON EDISON CO., ROPES & GRAY
To:
References
NUDOCS 7910090334
Download: ML19209B213 (8)

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EC PUBLIC DOCUENI ROOM UNITED STATES OF AMERICA ,

NUCLEAR REGULATORY COMMISSION '

3 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ' f. . . ,

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In the Matter of )

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BOSTON EDISON COMPANY et al. ) Docket No. 50-471

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(Pilgrim Nuclear Generating Station,)

Unit 2) )

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APPLICATION PC.R SUBPOENAS Applicants' Boston Edison Ccmpany et al.make application herein to the Chairman of this Board, pursuant to S 2.720 of the Commission's Rules of Practice 10 CFR Part 2 that sub-poenas issue requiring: the attendance of the " Department of Public Health" and the " Civil Defense Agency and Office of Emergency Preparedness" both of the Commonwealth of Massachusetts, by its respective officers or designees, Gerald Parker, Director of Radiation Programs of the Depart-ment of Public Health, and Robert Cunningham, Director of the Commonwealth of Massachusetts Office of Civil Defense and Emergency Preparedness or such other officer (s) or designee (s) whom said department and agency shall designate, at hearings to be conducted by this Board, on October 1,

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1979 at Memorial Hall, Plymouth, Massachusetts on the appli-cation of Boston Edison Company et al. for authorization under the Atomic Energy Act of 1954 as amended (68 Stat 919) to construct a nuclear power plant facility viz. Pilgrim Unit 2; and to give testimony relative to the responsibility of said Department and Agency for emergency planning to protect the health and safety of the public, the existing and proposed emergency plans of said Department and Agency to respond to a nuclear incident and as to the feasibility cf the implementation of such plans in connection with the subject Pilgrir Unit 2 facility; and to bring with them documentation relating to aforesaid subjects, including but not limited to the following:

The Nuclear Incident Advisory Team (NIAT) Handbook, June 1979 draft; Commonwealth of Massachusetts Civil Defense Agency Emergency Response to Nuclear Incidents, " Planning Develop-ment System";

Commonwealth of Massachusetts Civil Defense Agency and Office of Emergency Preparedness " Work Progress Summaries -

Review and Planning Document", and

" Commonwealth of Massachusetts Compre-hensive Emergency Response Plan, January 1978";

Massachusetts Civil Defense Agency Executive Office of Public Safety,

" Commonwealth of Massachusetts Com-prehensive Emergency Response Plan Appendix 3 Emergency Response to Nuclear Incidents",

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and that said subpoenas request that said Department and Agency, through their designees, subject to the latter's convenience, prepare written testimony as to the foregoing subjects for filing with this Board on or before September 14, 1979, and to provide the Applicants with a copy thereof, together with a copy of the aforesaid requested documents, for reproduction thereof and for service upon the' parties in this proceeding.

As grounds for its application for subpoenas, Appli-cants say: that the Department of Public Health and the Civil Defense Agency and Cffice of Emergency Preparedness are the agencies responsible for Emergency Planning and its implementation in the Commonwealth of Massachusetts; that these agencies have developed emergency plans to respond to nuclear incidents and are in the process of expanding said plans, all as is set forth in a letter of agreement dated July 25, 1975 from the Attorney General, by Alan B. Sher, Assistant Attorney General,tc William S.

Abbott, Esq. and Penn S. Moulton, Esq., which was filed in the case of Plymouth County Nuclear Information Committee, Inc. v. Boston Edison Comoany.et al., D. C. Mass. Docket No. C. A. No. 73-933-Mc, a copy of which is attached hereto as Exhibit 1; that Applicants are advised that rep-resentatives of the Department of Public Health and the

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Civil Defense Agency and Office of Emergency Preparedness are amenable to appearing as witnesses and giving testimony in this proceeding but because of the public offices they hold and because they are represented by the Attorney General in other proceedings are reluctant to appear solely on the request of the. Applicants; that the Attorney General through Assistant Attorney General Francis S. Wright, attorney of record in this proceeding, has been recuested to have representatives of the Department of Public Health and the Civil Defense Agency and Office of Emergency Prepar-ec. ness appear at this proceeding and to give testimony and that he has declined to do so.

BOSTON EDISON COMPANY By its Attorneys,

% M George H. Lewald Ropes & Gray 225 Franklin Street Boston, '4 ass. 02110 DS Sboo Dale G. Stoodley Boston Edison Company 800 Boylston Street Boston, Mass. 02199 Dated: August 2h, 1979 1

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.THE COMMONWEALTH OF M ASSACHUSETTS

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• DEPARTMENT OF' THE ATTORNEY GENERAL

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. JOHN W. Mc CORMACK STATC OFFICE BUILDING ONc ADHBURTON PLACC. BOSTON 02108

[+.9 FRANCIS X. SCLLQT"*

= ma . <v . c .. u July 25, 1979 William S. Abbott, Esq.

Simonds , Winslow, Willis & Abbott 50 Congress Street Boston, MA 02109 -

Penn S. Moulton, Esq.

9 Egremont Street (#10) ,

Boston, MA Re: Plymouth County Nuclear Information Committee, Inc. v. Boston Edison Company, et al.

C.A. No. 79-933-Mc

Dear Mr. Abbott and Ms. Moulton:

Following are the agreements of the Massachusetts Department of Public Health, the Massachusetts Civil Def ense Agency and Office of Emergency Preparedness., and the .

Massachusetts Department of Dublic Works, with respect to this case.

I. The Department of Public Health The Department of Public Health agrees to undertake an expanded system of monitoring in the vicinity of the Pilgrim I nuclear power plant in Plymouth, Massachusetts. The components of that expanded monitoring system are the following:

(1) The Department will implement promptly, with the support of the Nuclear Regulatory Commission (NRC)', an expanded Thermoluminescent Dosimeter (TLD) network at .

various distances out to approximately ten miles from the Pilgrim I site. This network will consist of the deployment of approximately forty to fifty TLDs'within a ten-mile radius of the site. Certain TLDs will be placed and monitored at population centers. Certain TLDs will be y

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deployed alongside TLDs of the Boston Edison Co.' for purposes of verification. The actual location of such expanded TLD deployment will be determined by the Department and the NRC af ter the Department has consulted EE with the plaintiffs. The TLDs referred to in this

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paragraph will be made available to the NRC by the Department for reading no less often than approximately once per quarter year. ,

(2) The Department will continue to operate and maintain seven Department TLDs within the boundaries of the Pilgrim I site. Such TLDs (including the TLDs referred to in .

paragraph 3 below) will be read and monitored by the.

Department no less often than approximately once per month.

(3) The Department will continue to operate and maintain a Department TLD located at the Plymouth Fire Station, approximately three miles from the Pilgrim I site.

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(4) The Department will continue to send its personnel, -

approximately two times each month, to the Pilgrim I site for the purposes of reading, frca autcmatic strip chart recorders, the quantity of radioactive gaseous releases as monitored at the power plant stack and at the reac'or building main vent. During such inspections the Department will take reasonable steps to determine that the monitoring equipment is working properly and in accordance with equipment standards.

(5) The Department will continue to send its personnel, approximately two times each month, to the Pilgrim I site for .the purpose of recording data regarding the batch release of liquid effluents from the Pilgrim I plant into the ocean, such data to include cuantities of radionuclides in the effluent and the dilution' fact 6rs ' applied to the ~

effluent. During such inspections, the Department will take reasonable steps to determine that the monitoring equipment is working properly and in accordance with equipment standards.

(6) In the event of any incident involving the release or possible release of radioactive emissions either within the plant or odtside the plant which are required to be reported to the Nuclear Regulatory Commission or could pose a public health threat to the public or to plant workers, the Department will continue to send promptly its personnel to the plant to make a determination of such public health threat and recommend appropriate remedial action including' implementation of any or all elements of the Emergency Response Plan for Pilgrim I.

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The Department will provide records of all data collected by the Department monitoring system and of all inspection-

, visits to Pilgrim I (both scheduled and unscheduled) ,

approximately on a monthly basis, to the Chief Librarian of the Plymouth Public Library, such records to be available for

's public inspection.

II. The Massachusetts Civ.il Defense Agency and Of fice of Emergency Preparedness ,

The Massachusetts Civil Defense Agency and Office of -

Emergency Preparedness will create and implement an expanded plan for a comprehensive emergency response in the case of a nuclear incident at Pilgrim I involving the release or possible release of radiation.

The components of that expanded plan will include:

(1) planning for the full range of potential nuclear power-

. plant incidents, including a " class 9" incident; (2) planning for the full and effective participation of appropriate state and federal agencies, local communities, and the Boston Edison Co.;

(3) expansion of the present Emergency Response to Nuclear Incident Plan from an area within a five-mile radius of the Pilgrim I nuclear power plant to an area within a ten-mile radius of the Pilgrim I nuclear power plant (such Plan will provide area);

for the evacuation of persons within such ten-mile (4) creating and implementing an expanded Emergency.

Response Plan of protective action guidelines for an area within a fif ty-mile radius of the Pilgrim I nuclear power plant, such guidelines to include, but. not necessarily to be limited to: sheltering procedures; limited inter-community relocetion; and protection of food supplies; (5) testing all elements of the expanded Plan as outlined in paragraphs 3 and 4 above to assure full awareness of and administrative feasibility of all of the plan's operating features, by Boston Edison Co. and all public agencies involved in the implementation of such Plan.

.(6) publication and dissemination of information as to all' elements of the Plan defined in paragraphs 3 and 4 above to ensure maximum public awareness of such Plan.

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The Massachusetts Civil Defense Agency and Office of Emergency Preparedness hereby commits itself to making a good faith effort to finalize the expanded Plan, as generally described above, before December 31, 1979. Such final expanded Plan will be submitted to the Nuclear Regulatory Commmission for its concurrence on or before that date.

III. The Department of Public Works' The Department of Public Works has adopted as state regulations Title 49 C.F.R. 55171-173, 177-179 (the .

Regulation), a comprehensive and effective method of prescribing the means and methods of shipping hazardous materials which include the shipment of radioactive material.

The regulations were adopted on November 24, 1978, and are effective on all state highways. See 72 0 .C.M.R. 58.00. In addition, all radioactive shipments to and from Pilgrim I are in interstate commerce and thus are governed by all existing federal regulations. .

Althcugh the Department feels very strongly that the adoption of the said Regulation establishes adequate standards with regard to such shipments, the Department _ stands ready to discuss suggestions from the plaintiff to improve such procedures. In this connection, the Department is prepared to meet and to discuss with the plaintiff all relevant regulatory issues including, but not limited to, routing and time of shipments.

Due to fiscal, personnel and vehicle constraints the Department cannot agree to provide escorts for radioactive shipments, or, for that matter, any other hazardous commodity and believes that such a commitment would _bje unreasonable. The Department would, however, be willing to discuss with the plaintiff the advisability of an escort requirement which provides that any such escort is to be provided by the shipper, the carrier or others.

As a general matter, the Department expresses its willingness to draft and seek approval of any enabling legislation it deems necessary to implement any and all regulatory or other changes the Department believes to be advisable as a result of the review with the plaintiff as outlined above.

Very truly yours, ,_

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., Alan B. Sherr Assistant Attorney General.

Counsel to the state defendants ABS':j'

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