ML20206S422

Response to Applicant Motion to Strike Portions of Staff Response to Applicant Motion for Summary Disposition on Several New England Coalition on Nuclear Pollution Contentions.Certificate of Svc Encl

ML20206S422
Person / Time
Site:	Seabrook
Issue date:	06/30/1986
From:	Curran D HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20206S383	List: ML20206S378 ML20206S422
References
OL, NUDOCS 8607070348
Download: ML20206S422 (6)

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June 30, 1986 h UNITED STATES NUCLEAR REGULATORY' COMMISSION i

BEFORE THE ATCMIC SAFETY AND LI ENSING BOARD l

i In the Ma tter of iuW

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Public Se rvice Company of y tai

. F.

-3 at:19 New Hampshire, et al. ) Docket Nos. 50-443 OL FFICE OF SECM.lAhY

1. 50-444 OL

{ (Seabrook Station, Units 1 & 2)

OCM[TgyW'f

) O fsite Emergency i

) Planning

NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S 1

RESPONSE TO APPLICANTS' MOTION TO STRIKE PORTIONS OF NRC STAFF'S RESPONSE TO l

APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION j Applicants have moved to strike the Nuclear Regulatory Con-i

• i mi ssion's ( "NRC 's") r esponse to Applicants' motion for summary

.! disposition on several or the New England Coalition .on Nuclear Pollution's contentions.1 The Board should reject Acplicants'

! totally meritlecs arguments and deny the motion to strike in its i

entirety.

Applicants first contend that the NRC cannot rely on a Fed-l eral Emergency Management Agency (" FEMA") a f fidavit that attests j

to deficiencies in the emergency communication system revealed in i the exercise of the New Hampshire plans. As described in the af-j fidavit of Edward A. Thomas at t F, the exercise showed that t

, numerous communications lines either did not function properly or t'

were inadequate during the drill.

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ADOCK 05000443 0 O pop  ; ,

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l l 1 Those contentions are HilLP-3, RERP-2 and NilLP-4.

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2-1 l Without any support, Applicants argue that these findings go i

j to the adequacy of the exercise itself, and not to the adequacy of the plans. Applicants apparently consider that the exercise 1

l must be evaluated completely independently of the plans, and has no relevance to the adequacy of the plans themselves. It is ab-3

surd, however, to suggest that the Board must restrict itself to

" predictions" based entirely on paper and ignore the results of a l practical test of the plans. In fact, the exercises are designed I

to test the plans themselves, as well as the state of prepared-ness to implement the plans. As the Commission has recognized, b an exercise may show " flaws" in the plans such that compliance i

with 10 C .F.R. 5 0.47(a) (1) is called into question. See Preamble t

to Final Rule on Emergency planning, 4 7 Fed. Pe g . 3 0,2 3 3, Col. 3.

] An exercise is a valuable means for determining whether adequate a

communications equipment and personnel exist to carry out a j planned emergency response. In this case, FEMA found that needed telephone lines were busy and that other equipmen,t was inade-

} quate. The findings are material to the question of the suf-i ficiency of the communications network, and are thus appropriate-j ly considered in these summary judgment motions.

1 j Applicants next argue that some of the planning defects that l

Mr. Thomas' affidavit raises with respect to Contention RERP-2 are minor and easily rectified, therefore not requiring litiga-l tion. These arguments, which raise questions as to whether an

, unsigned letter of agreement is sufficient to show that certain j

l federal recources have been committed, or whether a delay in pub-l i

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i lic notification by the Coast Guard during the exercise prevents a reasonable assurance finding by this Board, go to the weight of the evidence and not to its admissibility.2 Finally, Applicants contend that the Board should strike FEMA's testimony on Contention NHLP-4 because FEMA has supplied no basis for its contention that the State of New Hampshire has -

not provided sufficient measures for identifying persons with special needs. Applicants' argument is disingenous. In their own summary disposition motion, Applicants presented the bald as-sertion of Richard H. Strome that the measures provided for in the New Hampshire plans were adequate. Now they seek to strike an opposing opinion, based on the same set of facts, f rom FEMA.

The Board, keeping in mind the fact that PEMA's opinion con-stitutes a rebuttable presumption in this case (10 C.F.R. 50.47(b)(2)], must weigh those opposing opinions in deciding Ap- r plicants' motion for summary disposition.

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In addition, it should be noted that although Applicants ask the Board to strike FEMA's testimony on Contention RERP-2 in its entirety, they give no explanation as to why the Board should strike FEMA's statement that it cannot verify the Coast Guard's ability to notify the boating population without radios and out of earshot of the sirens, untti it has reviewed the Alert and Notification Report. (1 D).

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i-t 4_

For the foregoing reascns, Applicants' motion to strike must ,

be denied, y spectfully submitted, Qi ____-

1 Diane Curran HARMON & WEISS 2001. S St reet N.W.

Suite 430 as n n, D. C. 20009 June 30, 1986 i

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CERTIFICATE OF SERVICE I certify that on June 30, 1986, copies of NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S RESPONSE TO APPLICANTS' MOTION TO STRIKEPOR-TIONS CF NRC STAFF'S RESPONSE TO APP DISPOSITION were served on the follo 1 g}$y g first-class mail orTg' MOTION as FOR S otherwise indicated:

• Helen Hoyt, Esq. 16 JW. -3 RE@ jlSober ta C . Pevear Administrative Judge Drinkwater Road Atomic Sa fety and Licensing Board Ham 03844 U.S. Nuclear Regulatory Commissi f0 F g SjtgtgAppon Falls, NH Washington, D.C. 20555 BRANCH

• Dr. Emmeth A. Luebke Phillip Ahrens, Esq.

Administrative Judge Assistant Attorney Atomic Sa fety and Licensing Board General U.S. Nuclear Regulatory Commission State House, Station 46 Washington, D.C. 20555 Augusta, ME 04333

• Cr. Jerry Harbour Robert A. Ba ck us , Esq.

Administrative Judge 111 Lowell Street Atomic Sa f ety and Licensing Mancnester, NH 03105 Board U.S. Nuclear Regulatory Commission Th oma s G. Dignan, Esq.

Washington, E. C. 20555 P.E. Gad, III, Esq.

Ropes and Gray Atomic Sa fety and Licensing 225 Franklin Street Board Panel Boston, MA 02110 U.S. Nuclear Regulatory Cocmission Washington, D. C . 20555 Atomic Safety and Licensing Appeal Board Panel Mrs. An ne E . Goodman U.S. Nuclear Regulatory Board of Selectmen Commission 13-15 New Ma rket Rd. Washington, D.C. 20555 Durham, NH 03824 Docketing and Service Sherwin E. Turk, Esq.

U.S. Nuclear Regulatory Of fice of the Executive Commission Legal Director Washington, D.C. 20555 U.S. Nuclear Regulatory Commission William S. Lord, Selectman Washington, D. C. 20555 Town Hall - Friend Street Amesbury, MA 01913 Mr. Angie Machicos, Chairman Board of Selectmen Jane Doughty Newbury, MA 01950 SAPL 5 Market St.

Portsmouth, NH 03801 Ca rol S . Sneider, Esquire H. Joseph Flynn, Esq.

Assistant Attorney Of fice of General Counsel General Feaeral Emergency

Department of the Attorney Management Agency General 500 C Street, SW l Ashburton Place, 19th Floor Washington, D. C . 20472 Boston, MA 02108 George Dana Bisbee, Esq.

Edward A. Thomas Stephen E. Merrill, Es q .

FEMA Assistant Attorneys General 442 J.W. McCormack (POCH) State House Annex Boston, MA 02109 Concord, NH 03301 J. P. Nadeu, Selectman Allen Lampert Town of Rye Civil Defense Director 155 Washington Road Town of Brentwood Rye, NH 03870 Exeter, NH 03833 Sandra Gavutis Richard A. Hampe, Esq.

Town of Kensington Hampe and McNicholas RFD 1 Bo x 1154 35 Pleasant Street East Kensington, NH 03827 Concord, NII 03301 Richard E. Sullivan, Ma yo r Gary W. Holmes, Esquire City Hall Holmes & Ellis Newburyport, MA 01950 47 Winnacunent Rd Hampton, NH 03842 Alfrec V. Sargent, Chairman Board of Selectmen William Arms trong Town of Salisbury, MA 01950 Civil Defense Director 10 Fr ont St reet Senator Gordon J. Humphrey Exeter, NH 03833

" . S. Se na te Washington, D.C. 20510 Calvin A. Canney

( At tn: Tom Burack) City Manager Ci ty Hall Selectment of Northampton 126 Daniel Street Town of Northampton Portsmouth, NH 03801 New Hamp s hir e 03862 Senator Gordon J. Humphrey Mathew T. Brock, Esq.

1 Pillsbury Street Shaines & McEachern Concord, NH 03301 P.O. Box 360 Maplewood Ave.

Michael Santosuosso, Ch airman Portsmouth, NH 03801 Board of Selectmen Jewell St. , RFD #2 Stanley W. Knowles, Chairman South Hamp ton, NH 03842 Board of Selectmen P.O. Box 710 North Hampton, NH 03826

• - By Messenger 'N g -

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Diane Curran