ML20247Q648

Town of Salisbury Proposed Findings of Fact & Conclusions W/ Respect to Spmc.* W/Certificate of Svc

ML20247Q648
Person / Time
Site:	Seabrook
Issue date:	08/14/1989
From:	Saint Andre B KOPELMAN & PAIGE, SALISBURY, MA
To:
Shared Package
ML20247Q627	List: ML20247Q624 ML20247Q630 ML20247Q639 ML20247Q648
References
OL, NUDOCS 8909290054
Download: ML20247Q648 (11)

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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.

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[ 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

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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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. 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

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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*

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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

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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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