ML20215D966

Applicants Motion for Summary Disposition of Seacoast Anti- Pollution League Contention 18.*

ML20215D966
Person / Time
Site:	Seabrook
Issue date:	06/11/1987
From:	Lewald G PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20215D921	List: ML20215D918 ML20215D966 ML20215D992 ML20215E002 ML20215E030 ML20215E043 ML20215E068 ML20215E081 ML20215E103 ML20215E128 ML20215E181 ML20215E191 ML20215E197 ML20215E206 ML20215E217 ML20215E234 ML20215E246 ML20215E272 ML20215E323 ML20215E337 ML20215E362 ML20215E383
References
OL, NUDOCS 8706190203
Download: ML20215D966 (6)

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Dated: June 11, 1987 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION before the 1 ATOMIC SAFETY AND LICENSING BOARD 1

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) l In the Matter of ) j

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443-OL NEW HAMPSHIRE, et al. ) 50-444-OL

) Off-site Emergency (Seabrook Station, Units 1 and 2) ) Planning Issues-

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APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION OF i SEACOAST ANTI-POLLUTION LEAGUE CONTENTION NO. 18 l

Now come the Applicants pursuant to 10 CFR 2.749 and on the basis of the facts set forth in the " Affidavit of i Richard H. Strome (SAPL Contention 18)" and for the reasons i

set forth below, move the Board to enter an order granting l summary disposition in favor of the Applicants with respect to Seacoast Anti-Pollution League (SAPL) Contention No. 18.

REASONS FOR GRANTING THE MOTION SAPL Contention No. 18 reads as follows: I "NHERP Rev. 2 significantly 2 miscalculates the number of non auto owning population for the 17 New B706190203 870611 PDR ADOCK 05000443  :

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t L: Hampshire local communities. No buses are.provided-in the plans for:the individuals not~ accounted for due to the-miscalculations. Therefore,-these plans

' fail.to meet-the. requirements 10:.

CFR'S 50'.47(a)(1), l 50.47(b)(8),.

NUREG-0654 II.J'10.g. and NUREG 0654-App. 4, p. 4-3"'.

As the Strome affidavit-(."StromeIAff.") points out,:each local plan in NHRERP Rev.'2 now-lists the number of' people.

who are " residents requiring transportation", Strome Aff.

l 12, as determined by the.NHCDA'Special Needs'. Survey'by procedures already found adequate-by this Board. ASLB :j Memorandum'and Order of Nov. 4, 1986. More than enough buses have been allocated in each. case. Id.'1 3. The_

availability of sufficient buses to satisfy all of the NHRERP. resource requests is made clear by.a comparison of U the. resource needs, with the number of buses made'available .)

1 in the LOA's. It is acknowledged that a correction must be made, but this will not impact the resource sufficiency.

Strome Aff., 6.

Finally, it is to be noted that the foregoing analysis takes.no credit for the phenomenon of " ride ahering", Str=.s. ,

1 Aff. 1 4, which will be encouraged by EBS messages, id.-1.5, nor the fact that each town is allotted 3 buses even where the capacity this represents is far in excess of actual need. Both of these facts add additional conservatism to i j

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-the conclusion that non-auto owning persons will'be (adequately.'taken care of'. -

Byfthe'irLattorneys, Of _

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1 Thomas G.' Dignan, Jr. j George H.: Lewald

'Kathryn A.'Selleck:

Deborah'S. Steenland.

Ropes & Gray '

225 Franklin Street' -

Boston,'PU4 02110' ,

'l (617)f423-6100: "!

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' STATEMENT OF MATERIAL FACTS NOT.IN' DISPUTE

1. The Special.Needs Survey conducted by the NHCDA'in j 11 March, 1986 served to identify persons within_the 17 I communities of the Seabrook Station EPZ who do not have q 1

access to a private vehicle and who, therefore, may require transportation assistance'at the time of~an emergency.

2. The.ASLB,.in its order or November 4, 1986,'found' this survey to be an adequate procedure for identifying-persons who may require special assistance. j

3. Volumes 16 through 32 of th'e NHRERP comprise all of.

'the 17 New Hampshire Town RERPs. In Section IV of each l plan, an attachment to the Transportation Coordinator's (or-equivalent responsible individual) procedure provides the ,

individual town transportation requirements. . Included in l

each list is a category entitled " Residents Requiring l

Transportation", which identifies the number of people l l

within this category and the number of buses that have been allotted to meet their needs. These requirements are not based on an assumption of a specific percentage of the population without cars, but are obtained directly from the NHCDA Special Needs Survey which the ASLB has previously ruled adequate (11/4/86 ASLB Memorandum and Order)'in-  !

identifying persons with special needs, including residents who may require transportation.

4. In each case, the capacity of buses allotted surpasses the number of residents who have indicated that

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4 they may require transportation assistance. (A minimum-of three buses have been allotted to each town regardless of the fact that this capacity far exceeds the rquirements in several cases.) The totality of bus resources, on which the plans rely, is confirmed by letters of agreement contained in Volume 5 of the NHRERP. -

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5. The allotment of transportation resources does not consider the phenomenon known as " ride sharing" which assumes that people will, in an emergency, obtain rides in.

the personal vehicles of other evacuees.

6. NHCDA has committed to the FEMA RAC to include language in public information materials and in EBS messages requesting people to provide assistance to others who may be ,

in need. j

7. NHRERP, Volume 2 (Appendices), contains in Appendix I (pg. I-3) a summary listing of transportation 1 l

resource requirements. The total number of buses shown in j this summary listing (as well as in a similar summary listing contained in Appendix I of Volume 4) does not reflect an adjustment that was made in the total number of buses allotted in the Town of Exeter RERP. This will be corrected. This discrepancy does not, however, impact on the sufficiency of the total bus capacity that is provided for persons who may require transportation assistance.

Furthermore, these figures will continually be updated to 1

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i as'they.become know by further.-identification:o'f'needs..

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