ML20235N326

Joint Stipulation Re Evacuation Time Estimate Issues.* Commonwealth of Ma Atty General Agrees That Intervenors Will Not Appeal Portions of Board Partial Initial Decision.W/ Certificate of Svc

ML20235N326
Person / Time
Site:	Seabrook
Issue date:	02/23/1989
From:	Greer L, James Smith MASSACHUSETTS, COMMONWEALTH OF, PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:
References
CON-#189-8088 OL, NUDOCS 8903010162
Download: ML20235N326 (9)

Text

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~89 ' FEB 27: P 2 :25 February 23,-1989-

. UNITED . 5TATES .0F. AMERICA '.

NUCLEAR REGULATORY COMMISSION '!

before the ATOMIC SAFETY AND. LICENSING' APPEAL BOARD In the' Matter of' .) 1

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PUBLIC SERVICE' COMPANY OF -) Docket Nos. 50-443-OLL NEW HAMPSHIRE, et al. ) .

50-444-OL~

) Off-site Emergency -

.(Seabrook Station; Ur.its 1 and 2) ) . Planning Issues  !

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JOINT STIPULATION REGARDING ETE ISSUES The Attorney General for the Commonwealth of Massachusetts (" Mass AG"), for himself and on behalf of the other Interveners, and the Applicants hereby submit the q following Joint Stipulation, wh.?ch is intended to resolve the Evacuatiori Time Estimate ("ETE") issues raised in l Interveners' NHRERP, SPMC, and Exercise contentions.

A. Revif.icas By Aonlig g y Applicants have agreed to allocate 720,000 to be used by the Commonwealth to retain Mass AG'c cKpart to devel6p a

" fractional factorial" database to provide Applicants with a l table of ETE scaling factors in E form suitable to be used for protective action decision-making. These factors will be f i

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used to provide adjustments, basad on varying times, day of week and weather conditions, to the ETEs.1 The scaling factors will be determinad by comparing the actual observed vehicle population in these beach areas 2 with the reasonably expected peak occupancy (31,000 vehicles) as prescribed in the PID for the NHRERp. The Mass AG's expert will provide Applicants with the scaling fsctors, supporting analytical documentation, and a copy of the films used to establish these factors. Upon receipt of these scaling factors Applicants will use them for summer beach protective action decision-making by applying them to the base Bet of ETE's as l modified using the assumptions and inputs discussed below.

At the next plan revision the Applicanta will formally incorporate the table of scaling factors and appropriate procedures for using then into the SpMC. 1 Applicants have further agreed to re-rt.tn the IDYNEV model and generate a revisad set of ETEs prior to operation 1

above 5% of full power, incorporating the following changed i 1 If cuitable data is provided by Mass AG by May 15 of 1990 (or of the first summer following the licensing of seabroek Station for full power operation, whichever comes later), Applicants will use it for summer beach protective {

action decision-making.

2 Mass AG's expert will contract for a sc-les of overflights of Massachusetts and New Hampshire EPZ beaches to 1 determine the vehicle population in these beach areas. Only f vehicles actually observed and counted during the overflights ara to be used in determining the scaling factors. Empty spaces or " hidden cars" are not be used.

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assumptions and inputs:'

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(1); -ORO Traffic Guides.willlbanassumed tolarrive at their TCPs and ACPs'in:thersame time sequence as:

1 1 .they did during the June 1968 Exercise; L(2), at the intersection'of I-95.and Route 1110,,Lthe' capacity for;the U-turn now depicted on TCP diagram B-AM-06 will be assumed to be 50% of: the capacity ofsthe ramp to:I-95Escuthbound'from eastbound' Route 110.

( 3 )' for ETE calculation purposes,.the following 1989-population projections provided by Mass.AG's expert-(Luloff) will be used:

Amesbury 15520 Merrimac 4997 Newbury .5716

'Newburyport 17101 Salisbury- 8065

[' West Newbury 3824 n- (4) for ETE calculation purposes, the vehicle occupancy, rate for permanent residsnts will be assumed to be  ;

i 2.5 persons / vehicle. l (5) a total of 3,000 through vehicles will be assumed to be divided between I-95 and the local evacuation network at time zero. Of these, 1440 vehicles will be assumed to be in transit in the beach areas.

l (6) for ETE calculation purposes, the ramp capacities .l will be reduced 6% from the values presently used.

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(7) the impact of returning commuters.will bo factored into the ETEs for appropriate scenarios by.

including in.the model, upon consultation between 1 Mass AG's expert Dr. Thomas Adler and Applicants' expert Edward'Lieberman, approximately 20 of the most significant commuter trip' origin and destination centroids.. A significant centroid is one which generates commuter traffic which is serviced on the critical evacuation routes.  !

(8) Interveners agree that there'is no need for special' 'l facility ETEs. This stipulation does not'effect l the issues raised in JI contention 55.

Applicants have further agreed to publish this revised ETE study, upon its completion.

Finally, Applicants have agreed to revise TCP diagram B-AM-06 to include instruction that large vehicles should be.

directed to proceed westbound on Route 110 rather than to attempt the U-turn.

B. Egyponse_By Interveners In light of these revisions and undertakings by

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Applicants, Mass AG agrees that the ETE issues raised in the New Hampshire and Massachusetts emergency planning litigation, except for the issue of driver behavior, have been resolved. Specifically, Mass AG agrees that the issues raised in JI Contention ~s 1, 2, 3, 20, 21, and MAG EX-11C, and 4 l I

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l the non-driver-behavior issues raised in JI Contention 22, '

have been resolved. Mass AG accordingly withdraws JI i Contentions 1, 3, 20, 21, and MAG EX-11C. Mass AG and Town of Amesbury withdraw JI Contention 2.

Mass AG also withdraws JI Contention 22, and substitutes in its place the follewing:3 JI 22 Because the SPMC's evacuation time estimates have been rejected by state and local officials as not realistically reflecting probable driver behavior in a radiological emergency, in the event of an emergency at Seabrook Station, Massachusetts state and local decision-makers will always reject any immediate

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implementation of ORO's protective action recommendations based on those ETEs. As a result, and -

because those decision makers have no alternative set of ETEs available to them, state and local decision-makers will make an ad h2g judgment regarding what protective actions are likely to maximize dose reductions. However, there is no reasonable assurance that adequate protective measures can or will be taken through such an ad hne decision-making process. Therefore, the SPMC does not meet the requirements of 10 CFR 50.47(a) (1),

(b) (10) , (c) (10) , and NUREG 0654, Supp. 1, Sections II.J.10.1 and 10.m Mass AG further specifically agrees that the issue of returning commuters, left open from the New Hampshire proceedings, has been resolved.

Finally, Mass AG agrees that Interveners will not appeal those portions of the Board's Partial Initiql Decision (Nag f Hampshire Radiological Emeraency Response Plan) (December 30, 3 By entering into this stipulation, Applicants do not waive or prejudice their position that driver behavior is not properly subject to litigation in the SPMC proceedings.

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1989) which concern ETEs, except for issues of driver behavior upon which Mass AG retains his right to appeal.

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4' Respectfully submitted, COMMONWEALTH OF MASSACHUSETTS PUBLIC SERVICE COMPANY FOR ITSELF AND ALL OTHER INTERVENERS OF NEW HAMPSHIRE, ET AL.

AND 10 CFR 5 2.715(c) PARTICIPANTS.

By: kO [Afid By: N4  !

Al'lan R. Fierce Jay Bradford/ Smith 1 John Traficonte Ropes & Gray- l Pamela Talbot 225 Franklin Street (

Leslie Greer Boston, MA 02110 Matthew T. Brock (617)951-7000 Department of the Attorney General One Ashburton Place Boston, MA 02108 (617)727-2200 .

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"" l CERTIFICATE OF SERVICE I I, Thomas G.

Dignan, Jr. , one of the attorne/N) fqq p$e P2 :25 Applicants herein, he 'by certify that on February 24, 1989, ,

l I made service of the copies thereof with Federal Express, prepaid,within document -by depositing $o (o for delivegyj ,

where indicated, by depositing in the United States mail, first class postage. paid, addressed to):

Alan S. Rosenthal, Chairman Howard A. Wilber-Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Appeal Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West' Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Thomas S. Moore Robert Carrigg, Chairman Atomic Safety and Licensing LBoard of Selectmen Appeal Panel Town Office U.S. Nuclear Regulatory Atlantic Avenue Commission North Hampton, NH 03862 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Administrative Judge Ivan W. Diane Curran, Esquire

-Smith, Chairman, Atomic Safety Andrea C. Ferster, Esquire and Licensing Board Harmon, Curran & Tousley U.S. Nuclear Regulatory Suite 430 Commission 2001 S Street, N.W.

East West Towers Building Washington, DC 20009 4350 East West Highway Bethesda, MD 20814 Administrative Judge Richard F. Cole Stephen E. Merrill Atomic Safety and Licensing Board Attorney General U.S. Nuclear Regulatory Commission George Dana Bisbee East West Towers Building Assistant Attornby General 4350 East West Highway Office of the Attorney General Bethesda, MD 20814 25 Capitol Street Concord, NH 03301-6397 Administrative Judge Kenneth A. Sherwin E. Turk, Esquire McCollom Office of General Counsel 1107 West Knapp Street U.S. Nuclear Regulatory Stillwater, OK 74075 Commission One White Flint North, 15th Fl.

11555 Rockville Pike Rockville, MD 20852

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f Adjudicatory; File Robert A. Backus, Esquire-Atemic Safety and Licensing _ 116.Lowell Street Board Panel Docket-(2 copies) P.O.-Box 516 U.S.. Nuclear Regulatory Manchester, NH 03105' Commission'

. East West Towers' Building 4350 East West Highway Bethesda,.MD 20814

• Atomic Safety:and Licensing Mr. J. P. Nadeau Appeal Board Selectmen's Office U.S. Nuclear Regulatory 10 Central Road Commission Rye, NH 03870 Washington, DC 20555:

Philip Abrens, Esquire ' Carol S. Sneider, Esquire  !

Assistant-At.torney General Assistant Attorney General J Department of the Attorney Department of the Attorney General GeneJal Augusta,-ME 04333- One Ashburton Place, 19th F1r.

Bosten, MA 02103 l

Paul McZachern, Esquire Mr. Calvin A'. Canney-Matthew T. Brock, Esquire City Manager

-Shaines & McEachern City Hal]

25.Maplewood Avenue 126 Daniel Street P.C. Box 360 Portsmouth, NH 03801 Portsmouth, NH 03801 Mrs. Sandra Gavutis R. Scott Hill-Whilton, Esquire-Chairman, Board of Selectmen Lagoulis, Hill-Whilton &

RFD 1 - Box 1154 Rotondi Route 107 7

'9 State Street Kensington, NH 03827 Newburyport, MA 01950

• Senator Gordon J. Humphrey Leonard Kopelman, Esquire  !

U.S. Senate Kopelman & Paige, P.C.

Washington, DC 20510 77 Franklin Street -

(Attn: Tom Burack) Boston, MA 02110 l

• Senator Gordon J. Humphrey Mr. William S. Lord one Engin Square, Suite 507 Board of Selectmen Concord, NH 03301 Town Hall - Friend Street (Attn: Herb Boynton) Amesbury, MA 01913 Mr.# Thomac F. Powers, III Charles P. Graham, Esquire Town Manager Murphy and Grahsm 3 Town of Exeter 33 Low Street 10 Front Street ]

Newburyport, MA 01950 j Exeter, NH 03833 i 4

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' H. Joseph'Flynn, Esquire Richard A.'Hampe, Esquire

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' Office of' General Counsel Hampe and McNicholas '

Federal. Emergency Management 35 Pleasant Street

? M, Agency. ..

Concord, NH 03301 500 CEStreet, G.W.

x , ma .

Washington, DC '20472 GaryW.iHolmesbEsquire

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Judith H. Mizner,LEsquire

' Holmes & Ells 79 State-Street, 2nd Floor:

47 WinnacunnetDRoad Newburyport, MA 01950

. HamptonbNHi 01842 l >

Mr., Richard R. Den 6 van Ashod N.~Amirian,' Esquire

' Federal Emergency.. Management 145; South' Main Street c , Agency .. . ., _

P.O. Box 38 u . Federal Regional /Centsr. :Bradford,- MA 01835 4 ,

130,228th; Street, S.W.

Bothell', Washington--98f?21v9796 '

James H. CaLvent'er,. Alternate Robert R. Pierce, Esquire.

Technical Member. ..

Atomic Safsty and Licensing'

. Atomic-Saf6ty and Licensing: Board' . Board U.S. Nuclear.legulatory Commission 'U.S. Nuclear Regulatory East. West Towers Building'  :

LCommission '

4350' East West. Highway East West; Towers Building-Bethesda, MD 20814' ' 4350, East West l Highway.

'Betheade,~MD 20814-r' .'

'/g . 1 Thomas C;TDigngn,'Jr. )

,(*= Ordinary U.S. First Class Mail.) .

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