c. b L . o | | I | r UNITED STATES OF AMERICA ) < NUCLEAR REGULATORY COMMISSION q > 1 ATOMIC SAFETY AND LICENSING BOARD I u- Before the Administrative Judges: Ivan W. Smith, Chairman Dr. Richard F. Cole Kenneth A. McCollom j 1 | = | ) I In the Matter of ) Docket Nos. 50-443-OL | ) 50-444-OL L -PUBLIC SERVICE COMPANY ) OF NEW HAMPSHIRE, EI AL. | ) , | ) 1 (Seabrook Station, Units 1 and 2) November 9, 1989 ) ' ) 1 | | AFFIDAVIT OF ROBERT BOULAY REGARDING l | THE VOIDING OF THE EBS LETTERS OF AGREEMENT ; 1 1 I, Robert Boulay, being duly sworn, state'as follows: | | | 1. I am the Director of the Massachusetts Civil Defense | . Agency. My' office is located at the Massachusetts Civil Defense Headquarters, 400 Worcester Road, Framingham, Massachusetts. As | I Director of the Massachusetts Civil Defense Agency I am the 1 official who is ultimately responsible for the supervicion and oversight of the Massachusetts Emergency Broadcast System | ! ("EBS"), and am familiar with its purposes, configuration, and ! l operation. The Communications / Warning Officer who is the official who is primarily responsible for the oversight and hand on maintenance of the Massachusetts Emergency Broadcast System j 1 0911160009 891109 : PDR ADOCK 05000443 1 0 PDR - - - - ~_. - - . _ - _ _ _ . - - . - _ . - . - . - - -. ("EBS") reports directly to me and I supervise his activities as part of my job responsibilities. I have been Director of the Massachusetts civil Defense Agency for approximately seven (7) years and I have worked in the field of civil defense and , emergency planning for approximately twenty-six (26) years. A copy of my professional qualifications is provided. 2. The EBS is created under Title 47, U.S.C. 151, 154(1) and (o), and 303 (r) ; Chapter 1, Part 73, Subpart G of the Federal Communications Commission's Rules and Regulations. It is a national communications network that can be activated on the national level, statewide level, or local operational area t | level. Activation of the EBS national system is by authority of . L the President of the United States through control points for 1 radio and T.V. networks, AP and UPI new services and ' participating common carriers. Activation of the EBS within Massachusetts may be by request of the Governor, the Director of i | the Massachuetts Civil Defense Agency, the Massachusetts State l' Police or the National Weather Service. Statewide activation ' | | may be made by the request for activation going directly to the i' i Originating Primary Relay Station, WROR (F.M.). Activation on a l' - local operational area basis may be made by directly contacting- the operational area's primary relay /CPCS-1 station. That station in turn cues in the remaining stations in the operational area. I In essence, activation of the EBS proceeds as a ripple effect. If it is activated on the national level, transmission -2- 1 .- . , . , - - .,-. - ---... , -...-----.-. - . - . - . _ _ . _ _ , ( : ' e , i of the EBS attention signal is made from Washington to the states' Originating Primary Relay Stations followed by an informational message. In Massachusetts the Originating Primary - Relay Station, WROR, would then transmit the EBS attention signal followed by the informational message to the operational areas primary relay /CPCS-1 stations. WROR's transmissions would be received by tone alert radios at the CPCS-1 stations that are in the local operational areas and are tuned to WROR. There are seven operational areas within Massachusetts. In the Merrimac , Valley, WCCM (A.M.)/WCGY (F.M.) ("WCGY") is the CPCS-1 station. WCGY functions as the primary relay station, or lead EBS a station, in the Merrimac Valley operational area. It activates the EBS on the local operation level by transmitting-the EDS attention signal to the radio stations in the Merrimac Valley operational area. Those local stations have tone alert radios that are tuned to receive WCGY's tone activation signal. See ! Exhibit 1. While the EBS is a voluntary association of radio and | television stations, all broadcast stations that are licensed by | the FCC are required to install an EBS two tone receiver. When ! the EBS is activated all radio and television stations that | ' participate in the EBS pick up and transmit the informational | EBS message. When the EBS is activated at the national level, 1 | all stations that do not participate in the EBS at the national |' level are required to go off the air by F.C.C. regulations. That results in any listener who turns on his radio tuning in to -3- -- -- -_ - _. _ - - .. - - - - - . - - - - - - . - . * 1 I i only EBS activated stations that are all carrying the same uniform EBS message. On information and belief as a matter of practice, the two (2) currently operable non-EBS stations in the- Merrimac Valley operational area go off the air whenever the EBS is activated at any level. In theory, it means that a listener- who is tuning his radio to find information about an alerting ; signal will rapidly come to an EDS station carrying the appropriate information because all other local radio stations will be off the air. The EBS functions as a radio rebroadcast information procedure so that all stationc receive and , retransmit the same messages. 3. The import of WCGY voiding its prior letter of agreement with NHY and withdrawing from participating in the emergency planning means that the EBS for the Merrimac Valley operational area cannot be activated by NHY as called for in the SPMC. WCGY is the gateway station that activates the tone alert radios in the other EBS stations in the Merrimac Valley operational area which in turn insures the uniform transmission of EBS messages. While there appears to still be an existing letter of agreement with WLYT (F.M. )/NHAV(A.M. ) ("WLYT") , WLYT cannot activate the EBS in the Merrimac Valley operational area. The tone alert radios located in the other radio stations in the Merrimac Valley operational area are not tuned to WLYT. While WLYT may be able to transmit an informational message provided by NEY to its own listening public, that message will not reach the rest of the public who do not happen to be listening to those two radio stations. -4- - . ,_ _ . _ _ - . _ . _ _ _ _ _ _ _ . _ . _ _ _ _ _ ___. _ _ _ _ . - , t ' 4. While in theory in the event of a radiological emergency at Seabrook Station, the Governor could activate the EBS on a statewide basis by activating it through WROR in Boston, there does not appear to exist any provision for , insuring that notification is made to the public in the Massachusetts emergency planning zone for Seabrook Station within the 15 minutes required by NUREG 0654, FEMA-REP-1, Revision 1, Appendix 3. There does not exist a dedicated phone line, or other direct access link from any activating agency in the state government to WCGY.. There is not any direct communication ~. link with WCGY other than through commercial * phene. Commercial telephone may not provide the requisite . assurance of notification in 15 minutes because as noted in the ! Affidavit of John F. Bassett, WCGY's telephone lines are at , times all busy. The foregoing.is tree and correct to the best of my knowledge and belief. | q ; .. ., , ~ . 1 d r2L % Robert Boulay V Subscribed and sworn to before me this __T_ ^ tan j day of You e mb,< 1989.r- \ 'I '<, :A rx fl 'W7ni m _) Notafy Pub 1[ic~~ [ | My Commission Expires: | 3 oh s3 tetet $ | I - 5- | .. -.- - - . -. ... _. _. -- - _ - _ _ . -- .. _ _ - - . - , ' , 1 ! i . n H r 1 ROBERT BOULAY STATEMENT OF PROFESSIONAL OUALIFICATIQHE ' , "i Position: Director of the Massachusetts civil Defense Agency j l For approximately seven years I have been the Director at the Massachusetts civil Defense Agency. My job t responsibilities and work experience during that period have included supervision and oversight of communications personnel I who have the following duties: Providing and cupervising the capability for alerting the public and escalating civil Defense forces through the state civil Defense Warning System and other emergency communications systems, in event of disasters or enemy attack. Supervising the daily operation of the state civil ; Defense Warning System, agency two-way radio mobile-base systems, microwave systems and repeater relays, by ' conducting daily circuit tests to ensure that systems are operational. Prior to my employment with the Massachusetts civil Defense Agency, I worked extensively in broadcasting working primarily as a staff announcer and news broadcaster, in special events and continuity writing. I am a graduate of the National Academy of Broadcasting in Washington, DC. I attended the Federal Emergency Management r Staff college in Michigan; the Federal Instructor Training | Center in New York, and the Western Radiological Emergency , Response Staff College in Nevada. I clso attended and completed a Senior Executive Program at Harvard University Kennedy School of Government in 1985. .- _ . _ . _ _ _ _ , . _ . _ ._ _. ._ _ _ _. - - - . - - ._ _- . - - - - - - - _ .. - : * . , i P MASSACHUSETTS < EMERGENCY BROADCAST SYSTEM : ! ; L OPERATIONAL PLAN t . C # & h $. , . h i~ * ) f - ajr );h ; 4cMMICH AEL S. DUK AKIS GOVERNOR ^" CH ARLES V. B ARRY * PUB S ROBERT J. BOULAY DIRECTOR . Revised : May 1988 EXIIIBIT 1 . - - . - - . _ - - . - _ . _ - . _ _ . - . _ - . - . - ~ < A. ; ) jo ' | < , ) MASSACHUSETTS EMERGENCY BROADCAST SYSTEM -- g . " TABLE OF CONTENTS ' i. Record of Changes i Distribution List 11 *+ Preface lii ! iv ( g Definitions I Purpose 1 ' II Authority- 1 III Introduction 1 , IV General Consideration 1 A. Situation B.. Physical Characteristics ' Assumptions ,, C. V General Plan ; - A. Organization 3 e B. Concept of Operations > VI Implementation 5 - VII Tests 7 ; i 4 L APPENDICES Appendix 1 Massachusetts Operational Areas Appendix 2 EBS Monitoring Assignments , Appendix 3 National Weather Service Procedures ! l Appendix 4 Attack Warning Script Appendix 5 State Test Script Authorized Officials List , Appendix 6 Appendix 7 Authentication Instructions ' i State & Local Emergency Communications , Appendix 8 L Committee Appointments Appendix 9 Ca ble TV (to be developed) 'r Approval Sheet ' L Appendix 10 1' | ' \, a '(- f ._ - ,.