ML20237E758
| ML20237E758 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 12/18/1987 |
| From: | Harlow D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20237E542 | List: |
| References | |
| OL-3, NUDOCS 8712290169 | |
| Download: ML20237E758 (13) | |
Text
-____-__,
LILCO, December 18, 1987 i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
LONG ISLAND LIG11 TING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
LILCO'S MOTION FOR
SUMMARY
DISPOSITION OF CONTENTIONS 1 AND 2 (DIRECTING TRAFFIC)
LILCO hereby moves, pursuant to 10 CFR 5 2.749, for summary disposition of Contentions EP 1 and 2, which allege that LILCO lacks the legal authority to direct traffic, block roadways, erect barriers in roadways, and channel traffic during a Shoreham emergency. The Board,in denying LILCO's Second Renewed Motion for Sum-mary Disposition, noted that "the question of how traffic will be guided and by whom is indeed material" and concluded that it could not " rule on the ultimate issues in this case while so much uncertainty surrounds that question." Memorandum and Order, at 35 (Sept.17,1987). LILCO believes that, given the presumption of 10 CFR 5 50.47(c)(1)(ill) that the State and County would follow the LILCO Plan as part of a "best efforts" re-sponse, the Interveners' arguments regarding the traffic control contentions are simply irrelevant and that the uncertainty that the Board perceived previously has been elimi-nated.
I. Background In Contention 1, the Interveners argue that New York law prohibits LILCO from using LERO Traffic Guides to direct traffic during a Shoreham emergency. Contention 2 alleges that LERO is prohibited by law from blocking roadways and channeling 8712290169 G7121B PDR ADOCK 0S000322 O
+
l traffic as part of its traffic control strategy. Throughout this Motion, LILCO will treat Contentions 1 and 2 as raising one general traffic control issue. The Board has already i
acknow, edged the appropriateness of this approach, noting that:
'Ihe traffic guidance and physical barrier aspects are funda-mentally intertwined and equivalent as far as their implica-tions. for traffic control and their " legal authority" aspects l
are concerned.
Memorandum and Order, at 34 (Sept.17,1987).
II. Arvument LILCO's position that the Board should summarily dispose of Contentions 1 and 2 is based on one indisputable f act: the "best efforts" of the Suffolk County police (work-ing in cooperation with LERO) would be to implement in the field the traffic control ei-ements of the LILCO Plan in the event of a Shoreham emergency. Participation by the police would cure any " legal authority" problem.
The only legitimate question lef t for the Interveners to raise is not whether the police, working with LERO Traffic Guides, would implement the traffic portions of the LILCO Plan but whether they could implement it. LILCO believes that there is already sufficient evidence in the existing record for the Board to find that on this matter no genuine issue exists to be heard. The reasons are given below.
A.
The Police Have Suf ficient Resources To implement the Traffic Elements of the Plan There can be no dispute that the Suffolk County Police Department has suffi-cient personnel and other resources to direct traffic in accordance with the LILCO Plan. The LILCO Plan calls for the manning of 130 predesignated Traffic Control Points (TCPs) by a total of 165 trained LERO Traffic Guides. See OPIP 3.6.3, Traffic Control, Attachment 4. At the end of 1985, Suffolk County had a police force of 2,599 people, not counting civilian members and crossing guards (Admitted Fact 1).M 1/
" Admitted Facts" are the numbered statements in the " Statement of Material Facts"(Attachment A) attached to LILCO's Second Renewed Motion (March 20,1987).
. Because the Suffolk County police are a twenty-four-hour-a-day operation, a good portion of their emergency response force is always on duty (Admitted Fact 53).
This response force is linked together by a communications system with built-in redun-dancy: alarms, f all-safe devices, standby channels, extra transmitters, extra receivers, extra generators at key locations, and qualified and FCC-licensed technicians on duty six days a week. See Admitted Fact 4. The Suffolk County Police communications net-work is in effect an emergency plan (Admitted Fact 3).
These facts by themselves are sufficient to show that the 165 patrolmen needed for traffic control could be contacted quickly and mobilized in the event of a Shoreham Moreover, the NRC's recently published NUREG-0654, Supp.1, " Criteria emergency.
for Utility Offsite Planning and Preparedness, Draf t Report for Interim Use and Com-ment,"(Nov.1987), which provides guidance for the evaluation of utility plans for those i
I situations in which state and/or local governments decline to participate in emergency planning, includes the reasonable assumption that:
1.
In an actual radiological emergency, State and local officials that have declined to participate in emergency planning will:
c.
Have the resources sufficient to implement those por-tions of the utility offsite plan where State and local response is necessary.
Ld. at 2.
As a consequence, there can be no question that the Suffolk County police could provide the personnel and communications system necessary to direct traffic during a Shoreham evacuation (Fact 1).E As is shown below, there is also no question that the police, with assistance from LERO, would be able to implement the traffic control portion of the LILCO Plan without appreciable delay or confusion.
2/
The numbers in parentheses throughout this Motion refer to the numbered state-ments of f act in the attached " Statement of the Material Facts as to Which There is No Genuine Issue to be Heard on Contentions 1 and 2."
I 1
4 As is explained in the accompanying
Introduction:
Memorandum of Law, the In-tervenors' expected argument that the traffic portion of the LILCO Plan is unworkable cannot be used to rebut the presumption that the police, exercising their "best efforts,"
would follow the LILCO Plan. Where the Interveners have made specific criticisms of LILCO's traffic control strategies, in many instances LILCO has modified the Plan ac-cordingly. See Technical Changes to Traffic Procedures Based Upon Intervenort Com-ments, Attachment 2.
B.
The Police and LERO Would be Able to Establish Traffic Control When the "best efforts" principle is applied to the existing record, a clear pic-j ture emerges of how the police would respond during a Shoreham evacuation. Specifi-l 1
cally, it is evident that the police could be notified and mobilized quickly, that they would know where to go once they were dispatched, and that they would understand what they needed to do once they arrived at the TCPs.
i 1.
Notification and Mobilization Existing communications systems and procedures ensure that Suffolk County would be contacted promptly in the event of an incident at Shoreham. LILCO's onsite Emergency Preparedness Plan specifies that the Shoreham Control Room Communica-tor is to notify the County Warning Point in Yaphank upon the declaration of an Unusu-al Event, or some higher emergency classification (Admitted Fact 28). This procedure has been put into practice on several occasions, and the Suffolk County police have re-sponded quickly in such circumstances as bomb threats (Fact 2).
See Affidavit of I
Douglas M. Crocker in Support of LILCO's Motions for Summary Disposition of Conten-i tions 1-10.
Moreover, LILCO is including in its latest revision of the plan (Revision 9) cer-tain changes to reflect the new emergency planning rule's presumption that the State and County will participate in the emergency response using the LILCO Plan. For
1 I instance, the LERO Event Summary Sheet (OPIP 3.1.1, Command of Emergency Op-erations, Attachment 9) is being modified to instruct the LERO Director of Local Re-
-sponse to not only inform the Suffolk County Executive of an emergency at Shoreham but to explain the specific response actions that need to be taken and obtain, as neces-sary, permission to perform them (Fact 3). A copy of the LERO Event Summary Sheet is included as Attachment 2 of LILCO's Motion for Summary Disposition of Contentions 5 and 6 which accompanies this Motion.
The LERO Director is instructed by this procedure to advise the Suffolk County Executive that he, or his representative, should go to the LERO EOC in Brentwood to better coordinate the emergency response. The LERO Director will also suggest that several other County officials, including the Commissioner of Police, or his representa-tive, also go to the LERO EOC. The police representative will be instructed to bring a portable police radio with him in order to communicate with police headquarters (Fact 4).
The Board has found that LERO's Traffic Guides could report to their Staging Areas and be readied for dispatch within approximately two hours. LBP-85-12,21 NRC 644,'723. The Suffolk County police would almost certainly be able to assemble and be briefed at Yaphank within the same time.
2.
Briefine and Dispatch NUREG-0654, Supp.1 provides that:
Although it is assumed that non participating State and local l
organizations will respond and follow the utility's offsite plan, it is not assumed that these organizations will be as f amiliar with the plan as if they had participated in the planning pro-cess and exercised with the utility. Therefore, the utility's offsite response plan and the offsite response organization will provide compensating actions through the use of liaisons to deal with the coordination of information and resources with State and local governments and to provide advice and assistance to responding State and local governments in im-plementing their assigned roles and functions under the utill-ty's offsite response plan.
1
_ - _ _ _ -
- NUREG-0654, Supp.1 at 2.
-LILCO is revising its plan in several ways to comply more closely with this pro-vision. To assist the police in carrying out their traffic control duties, LERO will be sending the Traffic Control Point Coordinator to serve as liaison at police headquarters (Fact 6). To this end, in Revision 9 of the Plan, which will be served on the Board in the near future; OPIP 3.6.3, Traffic Control, S 5.1.6 is being modified to read substan-tially as follows:
5.1.6. When informed that the SCPD will be mobilizing police to assist with the evacuation (the Evacuation Coordinator should]:
Suggest that SCPD send an SCPD Representative to the a.
EOC to coordinate with the Traffic Control Coordinator. This SCPD Representative should bring a portable police radio that can be used to contact the Police Dispatcher at SCPD Headquarters.
- b. ~
Direct the Traffic Control Point Coordinator to pro-ceed to the Suffolk County Police Headquarters in Yaphank. He should assist in the' dispatch of police personnel in accordance with Attachment 15, Partici-pation of Suffolk County Police Department During a Radiological Emergency.
OPIP 3.6.3, p. 3a.
Upon arriving at Yaphank, the LERO Traffic Control Point Coordinator would report to the Chief of Operations or Duty Officer for Operations. He would immediate-
~
ly establish telephone communication with the Traffic Control Coordinator at the LERO EOC. OPIP 3.6.3, Attachment 15, as it will substantially read af ter it is revised.
willinstruct the Traffic Control Point Coordinator to:
5.
Discuss the following with the Chief of Operations or the Duty Office of Operations, a.
Status of the emergency
. 1 b.
The total number of police required to man all of the traffic control points and how they.are assigned in a priority manner based upon on evacuation keyhole.
c.
Give them a copy of the evacuation route map and
]
explain the overall traffic pattern.
1 f.
Show them a sample TCP intersection diagram and 1
explain you have one available for each TCP and an extra set for use by Police Headquarters.
g.
Explain that'you have maps to be given to the police officers that indicate the location of the TCP.
j.
Explain that trained LERO Traffic Guides will remain at the TCP to provide traffic assistance as requested and radiological information to the Suffolk County Po-lice.
OPIP 3.6.3, Attachment 15 (Fact 7). The police will also be informed that they will be provided radiological monitoring and decontamination, if necessary, at LERO's Emer-gency Worker Decontamination Facility in Brentwood (Fact 10).
If the Suffolk County Executive and LERO Director decided that evacuation was necessary, the Traffic Control Coordinator would be instructed to coordinate the dis-patch of both the LERO Traffic Guides and the Suffolk County police (Fact 8). OPIP 3.6.3 5 5.2.3 is being revised to read, in part:
5.2.3 When an evacuation is recommended call the Traffic Control Point Coordinator and tell him the evacuation keyhole number so that he can dispatch police personnel.
(
3.
Directing Traf fic Dispatch of the police from Yaphank and the LERO Traffic Guides from their i
Staging Areas would proceed in parallel. The patrolmen and Traffic Guides would link up at the TCPs, with the Traffic Guides bringing any equipment (traffic cones, flares)
________J
-. that might be called for under the plan. The Traffic Guides would monitor the officers' radiological exposure and inform them if Protective Action Guidelines (PAGs) for per-missible exposure were exceeded (Fact 9).
Other than this, the police would probably not need any assistance in performing their duties. Suffolk County police are trained to direct traffic (Admitted Fact 60), and the printed diagram that the Traffic Control Point Coordinator would give to each offi-cer prior to dispatch would contain all the specific instructions the officer might need.
With a police "best effort," then, traffic control would be performed in almost exactly the same way it would under the LERO-only response which the Board has al-ready examined and approved. See LBP-85-12,21 NRC at 794-95. The only difference is that Suffolk County police, rather than LERO Traffic Guides, would actually be di-recting traffic.
The "best ef forts" principle forecloses the argument that the police would dras-tically deviate from the LILCO plan, or simply ignore the advice of trained traffic guides, in f avor of some spur-of-the-moment, ad hoc response of their own. Common l
sense refutes the argument that the police, trying their best, would somehow spoil the emergency response out of ignorance or incompetence.
I C.
In a Fast-breaking Emergency. LERO Would be Permitted to Direct j
Traffic Before the Police Arrive it is conceivable that in the extremely unlikely event of a f ast-breaking accident an evacuation might be recommended before mobilization of either the police or LERO could be completed. In such a case, it is true that the link-up of LERO Traf fic Guides and Suffolk County police officers at the TCPs might not take place as smoothly as de-scribed above.
1
--a
_g.
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But the Board has already noted that:
There are accidents that could progress to the general emer-gency stage before the EOC or staging areas could be acti-vated, and that would allow inadequate time to go through LILCO's planned mobilization process before evacuation began. The Board can find no defect in planning, however, since complete and timely mobilization under those conditions is simply impossible.
The predictive uncertainty raised by the possibility of fast-breaking accidents does not create a barrier to approval of the Plan.
LBP-85-12, 21 NRC at 724. This same rationale equally applies to the situation where both the police and LERO would be trying to respond to a f ast-breaking emergency in a coordinated fashion.
If the initial notification f rom the plant was of a Site Area Emergency or a Gen-eral Emergency, the LERO Director would be instructed by the LERO Event Summary Sheet to:
[R]equest that the Suffolk County police begin to mobilize at least 165 uniformed officers for traffic control. Tell him that you will be calling back with additional information and that in the meantime these officers should begin to report to po-lice headquarters in Yaphank.
OPIP 3.1.1, Attachment 9 (Fact 5). Af ter initiating the activation of the siren system and EBS, the LERO Director would:
2.
Over the phone or at the LERO EOC, provide the County Executive with the following information:
A.
Notify him that LERO will be sending a liaison to police head-
{
l quarters. Explain that the liaison will provide the police with the locations and specific traffic control strategies for each of LILCO's 130 TCPs, requiring 165 officers.
(
B.
Inform him that LERO will also be dispatching its own Traffic Guides to the TCPs to provide such equipment as traffic cones, flares, and flashing lights, and to otherwise assist the police as necessary. Assure him that the Traffic Guides will monitor the police officers' possible exposure using the Traf-fic Guides' own dosimetry.
I 1 Important:
Advise the Suffolk County Executive to give LERO Traffic Guides permission to direct traffic before the police arrive, OIP 3.1.1, Attachment 9 (Fact 11).
If in such circumstances some LERO Traffic Guides were mobilized and dis-patched before enough police could be mobilized and briefed, these Traffic Guides could be given permission to direct traffic by themselves. At times, the Interveners have ap-peared to claim that, as a matter of New York State law, Suffolk County could not, even if it wanted to do so, permit LERO Traffic Guides to direct traffic during a Shoreham emergency. This argument is specious, for the reasons given in the introduc-tion: Memorandum of Law, at 4-8, which accompanies this Motion.
III. Conclusion For the reasons stated above, LILCO asks the Board to grant summary disposition in LILCO's f avor of Contentions 1 and 2.
Respectf ully submitted, AV V
" Donald P. Irwin 1
James N. Christman David S. Harlow l
Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: December 18,1987 l
I C-_______._
STATEMENT OF THE MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE TO BE HEARD ON CONTENTIONS 1 AND 2 1.
The Suffolk County police have the personnel and communications sys-tems necessary to direct traffic during a Shoreham evacuation. See NUREG-0654, Supp.1," Criteria for Utility Offsite Planning and Preparedness, Draf t Report for Inter-im Use and Comment," at 2 (Nov.1987).
2.
LILCO's onsite notification procedures (EPIP 1-5) have been put into prac-tice on several occasions and the Suffolk County police have responded. See Affidavit of Douglas M. Crocker in Support of LILCO's Motions for Summary Disposition of Con-tentions 1-10.
3.
The LERO Director is instructed by procedures to call the Suffolk County Executive to inform him of an emergency at Shoreham, explain the emergency re-sponse actions that need to be taken, and, as necessary, obtain permission to implement those response actions. S_ee OPIP 3.1.1, Attachment 9.
e
~ 4.
In the event of a Shoreham emergency, the LERO Director is instructed by procedures to request that the Suffolk County Executive and certain other County officials, including a police representative, come to the LERO EOC. The police repre-sentative is instructed to bring a portable police radio with which to communicate with police headquarters. S_ee OPIP 3.1.1, A ttachment 9.
e 5.
If the initial notification from the plant is of a Site Area or General Emergency, the LERO Director of Local Response is instructed by procedures to re-quest that the Suffolk County police begin to mobilize at least 165 uniformed police of-ficers for traffic control. S_ee OPIP 3.1.1, Attachment 9.
__ _ _ - _ _ _ _ _ _ _ _ _ _ _ 6.
LERO will send the Traffic Control Point Coordinator to serve as liaison at police headquarters during a Shoreham emergency. OPIP 3.6.3 S 5.1.6.
7.
The Traffic Control Point Coordinator is instructed by procedures to brief the Suffolk County police on how the LERO traffic control plan works. See OPIP 3.6.3, 5.
8.
In the event an evacuation is recommended, the Traffic Control Coordinator is instructed by procedures to coordinate the dispatch of both the LERO Traffic Guides and the Suffolk County police. OPIP 3.6.3 S 5.2.3.
9.
LERO Traffic Guides will monitor the police officers' radiological expo-sure and inform them if Protective Action Guidelines (PAGs) for permissible exposure were exceeded. S_eg OPIP 3.6.3, Attachment 1.
10.
The Suffolk County police will be provided radiological monitoring and decontamination,if necessary, at the LERO Emergency Worker Decontamination Facil-ity in Brentwood. Sge OPIP 3.6.3, Attachment 15.
11.
T5e LERO Director of Local Response will advise the Suffolk County Ex-ecutive to give LERO Traffic Guides permission to direct traffic before the police ar-rive. Sep OPIP 3.1.1, Attachment 9.
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