ML17138A719

Response Submitted by Commonwealth of PA to Intervenor Citizens Against Nuclear Danger First Round Discovery Requests.Forwards List of Documents Re Plant in Files of PA Dept of Environ Resources.W/O Encl

ML17138A719
Person / Time
Site:	Susquehanna
Issue date:	06/29/1979
From:	Carter K PENNSYLVANIA, COMMONWEALTH OF
To:
Shared Package
ML17138A720	List: ML17138A719 ML19247B144
References
NUDOCS 7908080015
Download: ML17138A719 (12)

Text

~go June 29, 1979 0+gS UNITED SI'ATES OF AMERICA e

NUCLZ'AR REGULATORY CCNMISSI($

,e~

qe e BEFORE THE ATONIC SA1,'2'TY AND LICENSING BOARD In the Natter of PENNSYLVANIA PVAER AND LIGHT COMPANY AND.

ALLEGHENY ELKCZRIC COOPERATIVE, INC. Docket Nos. 50-387 50-388 (Susquehanna'Steam Electric Station, UniCs 1 and 2)

RESPONSES OF COMK5WFALTH OF PENNSYLVANIA TO FIRST ROUND DISCOVERY REQUESTS OF CITIZENS AGAINST NUCUM< DANGER NOW COMES the Camanwealth of Pennsylvania,. Department of F virorunental Resources, Bureau of Radiation Protection, by its attorney, Karin W. Carter, and makes the following responses to the First Round Discovery Requests of Citizens Against Nuclear Danger (hereinafter "CAND") ..

1. 'he Commonwealth does not hereby acknowledge any legal obligation to ccmply with the above mentioned discovery requests. The Ccmnonwealth of Pennsylvania has neither sought nor obtained party status in this proceeding.

The Bureau of Radiation Protection has sought and obtained permission to participate as a representative of an interested state under paragraph (c) of 10 C.F.R. 2.715 (participation by a person not a party). Therefore, neither the Commonwealth of Pennsylvania nor its representative is subject ,

to a motion to ccmpel discovery under 10 C.F.R. $ 2.740(f).

However, as in past NRC proceedings the Ccmnonwealth wishes to con-tribute to the completeness of the record and believes that it is in the interest of its. citizens .to cooperate as fully as possible with the Board

and the parties to this proceeding, as long as such cooperation does not interfere unduly with the performance of its other duties or impose an undue burden on the treasury of the Caraenwealth.

2. -

(CAND Request gl9)

"Provide a cata~lo ue containing a complete listirg of the documents, reports and correspondence, etc., in the

'files of the Bureau of Radiological Health, Departnent of Environmental Resources (DER), Ccommonwealth of Pennsylvania, on the subject of PP&L's Bexwick atanic power plant."

~Res onse: We herewith transmit e list of doounents in the files of the Bureau of Radiation Protection (BRP) on the subject of Susquehanna Units 1 and 2 in satisfaction of your request for a "catalogue." The Camenwealth has attempted to make this list canplete. However, in the arith following the March 28, 1979, accident at Three Mile Island Unit 2, many documents which were not shelved 'or in file drawers were moved aside or othexwise displaced by visitors fran various Federal and State agencies who used the offices of the Bureau of Radiation Protection. We cannot assure you that 'all misplaced documents relevant to this or any other subject have been located, replaced in file drawers, and listed. If the Bureau of Radiation Protection does locate any other relevant documents, we will transmit to you a supplement to the current list. We have not listed the documents (Special'rehearing Conference Order, Notice of Prehearing Conference, etc.) which are part of this licensing proceeding and which you have received as a party to the proceeding. We have also not listed any document which is an attorney work product prepared in preparation for litigation. There is only one such document now in the file.

3. (CAND Request f20)

"We also wish to obtain fran the Bureau of Radiological Health complete official documentation, including field monitoring reports and milk sampling results on the affects

['sic] of the radiation fallout in October, 1976 resulting fran the Chinese banb test of September 26, 1976."

~Res ense: The only "official documentation", in the Bureau of Radiation Protection on this subject is the EPA Proceedings from the November 30-December 1, 1976 workshop. This document, which we hereby tra'nsmit in response to the above request, contains compilations of data fran Pennsylvania, other states and Federal sources. BRP has no "field monitoring reports." The only other documents possessed by the Bureau-relating to the effects of the October 1976 fallout incident are scme laboratory data sheets on milk samples which are stored in the Bureau's laboratory. It will take some time to retrieve these sheets and copy them. We do not expect to be able to accomplish this task until July 31, 1979. Please inform us by July 10, 1979, if you do not desire copies of these laboratory data sheets.

(CAND Request fj21)

"Also needed from the Bureau will be a current cata~lo ue of all relevant data compiled by the Bureau concerning radiation nxnitoring and milk sampling already conducted, plus ongoing survey results when they beccme available, dealing with the radiation releases in the vicinity of the Three-Mile-Island plant since the March 28, 1979 accident."

Response: The only radiation aenitoring data canpiled so far by the Bureau of Radiation Protection is the 44-page compilation of milk sampling data covering March 28-April 13, which is enclosed herewith. Within the next sixty days, the Bureau of Radiation Protection expects to complete a compilation of its air aenitoring data, which compilation will be trans-mitted to CAND as a supplement as requested in CAND Request $,'21. The Bureau will submit these canpilations to Hr. Eric Bretthauer, Office of Research and Development, Las Vegas Facility, U.S. Environmental Protection Agency, Box 15027, Las Vegas, Nevada 89114. It is the understanding of the Bureau of Radiation Protection that similar ccmpilations are being

~ . ~

submitted. by other'onitoring agencies to HL". Bretthauer for further tabu-lation. Lhe Bureau of Radiation Protection also has received data which have been ccmpiled by the U.S. Food and Drug Administration, the U.S. Environoental Protection Agency and Metropolitan Edison Canpany, as well as whatever monitoring data was contained in NRC Preliminary Notifications which were issued daily on the status 'of LHZ-2 soon after March 28, 1979. 1hese and other Bureau files are available for inspection by the public, on regular .

business days from 8 a.m. to 4 p.m. on the 5th Floor of the Fulton Bank Building, Xhird and Locust Streets, Harrisburg, Pennsylvania. It is recan-

/

mended that an appointment be made in advance if inspection is desired, because Bureau files are being inspected or requested as evidence by investi-gatory, legislative and administrative agencies which are investigating the

'ME-2 accident.

5. (CAND Request f22)

"From the appropriate office of the DER we also wish to obtain the public records pertaining to the Applicant's permit application to discharge industrial wastes into the Susquehanna River from the Berwick atanic power plant."

~Res onse: Transmitted herewith are the only seven docults on the subject of application No. 4076203 which are in the files of the Bureau of Radiation Protection. Please note that these are the documents numbered 15-21 on the "catalogue" of Susquehanna files submitted in response to CAND Request gl9. Furthermore, please note that there are two permits vM.ch may fall under your description of "discharge industrial wastes." Cne is the Pennsylvania Water Quality Permit, state permit Pa. 4076203 issued under the Pennsylvania Clean Streams Law (35 P.S. $ 691.1 et ~se .)

on May 24, 1977. The other is the NPDES Permit, numbered PA-0047325, which is a Federal permit administered under a delegation frcm EPA to

Pennsylvania. The public records on both permit applications are available to the public at the DER Regional Water Quality Manager, 90 East Union Street; 2nd Floor, Wilkes-Barre, Pennsylvania 18701, (717) 826-2553.

Office hours are 8 a.m. to 4 p.m. on regular business days. There is a charge for copies in excess of ten pages.

Respectfully" submitted, Karin W. Carter Assistant Attorney General Cannonwealth of Pennsylvania

'505 Executive House P.O. Box 2357 Harrisburg, Pennsylvania 17120 (717) 787-7060 June 29, 1979

June 29, 1979 UNITED STATES OF AMERICA NUCLEAR REGKAK)RY COMMISSION go

'EFORE THE ~a+ e~

AX(3MIC SAH'.TY AND LICENSING BOARD 0

~d

~ c!& ~pc~

In the Matter of 44+ >c PENNSYLVANIA PGKR AND LIGHT COMPANY AND: gQ ALLEGHENY ELECZRIC COOPERATIVE, INC. Docket Nos. 50-387 50-388 (Susqueh'mna Steam Electric Station, Units 1 and 2)

RESPONSES OF CQKQ%lEALTH OF PENNSYLVANIA TO FIRST ROUND DISCOVERY REQUESTS OF ENVIRONMZTZAL QMZTION ON NUCLZM. PGKR NOH COMES the Comnonwealth of Pennsylvania, Department of F-.vironmental Resources, Bureau of Radiation Protection, (hereinafter "BRP") by its attorney, Karin W. Carter, and makes the following responses to the First Bound Discovery Requests of Environmental Coalition on Nuclear Power (hereinafter "ECNP") .

l. The CcGmonwealth does not hereby acknowledge any legal obligation to comply with the above mentioned discovery requests. The Ccmnonwealth of Pennsylvania has neither sought nor obtained party status 'in this proceeding.

The Bureau of Radiation Protection has sought and obtained permission to participate as a representative of an interested state under paragraph (c) of 10 C.F.R. 2,715 (participation by a person not a party). Therefore, neither the Ccxmenwealth of Pennsylvania nor its representative is subject to a antion to compel discovery under 10 C.F.R. $ 2.740(f).

However, as in past NRC proceedings, the Ccxrmonwealth wishes to con-tribute to the canpleteness of the record and believes that it is in the interest of its citizens to cooperate as fully as possible with the Board

and the parties to this proceeding, as long as such cooperation does not interfere unduly with the performance of its other'. duties or impose an.undue burden on the treasury. of the Camenwealth.

2. (ECNP Request to Ccomonwealth,'jl)

"For Intervenors 'ontentions 1-18, provide all correspondence and requests for information, data or documents from the, Carmonwealth to the Applicant sub-sequent to and/or in consequence of the March 28, 1979 accident at Three Mile Island, U'nit 2."

~Res onse: After a reasonable search within BRP and the Pennsylvania Bnergency Management Agency, BRP has concluded I

that there have been no correspondence or recorded requests for information, data or documents directed to the Applicant between March 28, 1979 and June 29, 1979. BRP has not canvassed every employee of the Camenwealth to determine if they have made such requests or had such correspondence.

3. ~

(ECNP Request to Carmonwealth g2a)

"The most recent version of the Ccorrenwealth's emergency preparedness and evacuation plans."

~Res onse: Transmitted herewith is the June 1979 draft of the Ccmsonwealth of Pennsylvania Disaster Operations Plan, Nuclear Incidents (Fixed Facility).

(ECNP Request to Carrx7nwealth g2b)

"All correspondence fran, and to, the Bureau of Radiological [sic] Protection, the Pennsylvania Emergency Management Agency, the Carmonwealth Justice

. Department, the Applicant, and NRC pertaining to the adequacy and any proposed changes in emergency pre-paredness and evacuation plans in consequence of and subsequent to the March 28, 1979, 'QG,-2 accident."

~Res onse: Transmitted herewith are copies of the requested items of correspondence.

5. (ECNP Request to Camenwealth fj2c)

"All records, documents, and other information detailing the legal responsibilities and obligations of employees of the Canmnwealth with respect to their ability to.respond fully, adequately, and timely to a radiological emergency at a nuclear power facility in order to protect the health and safety of the citizens of Pennsylvania."

~Res onse: Transmitted herewith are copies of such correspondence and documents as have not already been transmitted in response to other requests above, on the subject of legal responsibilities of Comnonwealth employees in a radiation emergency at a nuclear power facility. 'Ihe Coomonwealth does not understand the relation to the second half of'ECNP request 2c (beginning "with respect to..;") to the first half of that request. If additional documents are desired, ECNP should clarify its request by using more precise language. The Carmonwealth BRP has not transmitted copies of statutes or regulations in response to the above request. Such a response would constitute legal research which the Camenwealth is not obligated to perform for ECNP and which is unnecessary given the availability 'of statutes and regulations in the many public law libraries in Pennsylvania.

6. (ECNP Request to Ccmnonwealth jj2d)

"All.Radiation monitoring data from Three Mile Island, Unit 2, in the possession of the Ccxrmonwealth Bureau of Radiological Protection subsequent to March 28, 1979, in order to establish whether the Ccmnonwealth or any other involved institution or agency has monitored to a distance and extent to be able to establish radiation doses to the public with a reasonable degree of accuracy and timeliness in the event of a radiological emergency."

~Bes onse: Ttsnsmitted hesswith is BBP's oanpilation of its milk monitoring data on the Three Mile Island area covering the period of March 28 to April 13, 1979. BRP is in the process of ccmpiling its air monitoring data and will transmit this compilation to EQF when it is finished, at scme

time within the next sixty days. The Ccxnnonwealth BRP is also in the process of copying the other monitoring data in its possession frcxn its own monitoring activities and the monitoring activities of EPA, NRC, the U.S. Departznent of Energy, the U.S. Food and. Drug Adadnistration and the Applicant. ~

The volume of paper involved is large, and the number of investigatory bodies denuding access to these data is large.and I'fficial growing. The Bureau hopes to ccxnplete the task of copying the requested data and transmitting them to ECNP within ninety days. It has not b'een determined whether the Bureau has the'apability of making legible copies of the'BR daily ccmputer priritouts which now canprise a stack four inches high. It is suggested that ECNP contact FDA directly for these printouts s

or inspect the printouts in the BRP Harrisburg office on the 5th Floor of the Fulton Bank Building, Third and Locust Streets, between 8'.m. and 4 p.m. on regular business days. Other BRP files are also available for inspection, although it is suggested that an appointment be made in advance to inspect files which are in frequent demand.

7. (ECNP Request to Ccomonwealth g2e)

"Errergency preparedness, and evacuation plans of the Pennsylvania Bnergency Hanagement Agency and local agencies of government to provide adequately for the protection of, the health and safety of the citizens of Pennsylvania in the event of a radiological accident worse than the Applicant's calculated "design basis accident," or a Class 9 accident.

~Res onse: ihe snst recent version of the Camnnwealth's Disaster Operaticns Plan for Nuclear Incidents has been transmitted herewith pursuant to response g3 above. This document contains all PEMA plans dealing with accidents. "Local agencies of government" is too vague a 'adiological

. phrase to allm us to respond. The only documents which PEMA has in i;ts possession which might b'e relevant are county emergency response plans for aust of the 67 counties of the Gomnonwealth.. If these are the subject of this request, ECNP should specify which county plans it wishes to obtain.

Respectfully submitted, KARIN W. CARTER Assistant Attorney General Connnnwealth of Pennsylvania 505 Executive House P.O. Box 2357 Harrisburg, Pennsylvania 17120 June 29, 1979

/

UNITED SI'ATES OF AMERICA NUCLEAR REGUIATORY COMMISSION pc.'(q 'gg ~4(

BEFORE THE AKNIC SAt1'.TY AND LICENSING BOARD C In the Matter of PENNSYLVANIA PSKR AND LIGHT GMPANY AND:

ALLEGHEZK ELECTRIC COOPERATIVE, INC. Docket Nos. 50-387 50-388 l',Susquehanna Steam Electric Station, Qd.ts 1 and 2)

GBTIFICATE OF SERVICE This is to certify that copies of the foregoing Responses of Ccxrmonwealth of Pennsylvania to First Round Discovery Requests of Citizens Against Nuclear Danger" and "Responses of Carmmwealth of Pennsylvania to First Round Discovery. Requests of Envirorurental Coalition on Nuclear Power" were served by deposit in the U.S. Mail, first class, postage prepaid, this 29th day of June, 1979 to all those on the attached service list.

N. CARTER Assistant Attorney General Ccmnonwealth of Pennsylvania 505 Ezecutive House P.O. Box 2357 Harrisburg, Pennsylvania 17120 June 29, 1979

UNITED STATES OF AMERICA NUCLEAR REGULATORY CQRISSION BEFORE THE ADMKC SARY'ND LICENSING BOARD In the Matter of PENNSYLVANIA POD AND LIGHT COMPANY AND AL'UKHEÃZ EIECZRIC COOPERATIVE, INC. Docket Nos. 50-387 50-388

-(Susquehanna Steam Electric Station, U'nits 1 and 2)

Secretary of the Carmission Docketing and Service Section U.S. Nuclear Regulatory Ccmnission Office of the Secretary Washington, D.C. 20555 U.S. Nuclear Regulatory Carrnission Washington, D.C. 20555 Charles Bechhoefer, Esquire Dr. Judith H. Johnsrud Chairman, Co-Director Atomic Safety and Licensing Environmental Coalition cn Nuclear Power Board Panel 433 Orlando Avenue U.S. Nuclear Regulatory Ccmnission State College, Pennsylvania .16801 Washington, D.C. 20555, Mr. Glenn O. Bright Susquehanna Environmental 'Advocates Atanic Safety and Licensing c/o Gerald Schultz, Esquire Board Panel 500 South River Street U.S. Nuclear Regulatory Comnission Wilkes-Barre, Pennsylvania 18702 Washington, D.C. 20555 Dr. Oscar H. Paris Mrs. Irene Lerr~owicz, Chairrr an Atanic Safety and Licensing The Citizens Against Nuclear Danger Board Panel Post Office Box 377 U.S. Nuclear Regulatory Ccmnission R.D. 1 Washington, D.C. 20555 Berwick, Pennsylvania 18603 Atomic Safety and Licensing Ms. Colleen Marsh Board Panel 558 A; R.D. jg.

U.S. Nuclear Regulatory Ccmnission Mt. Top, Pennsylvania 18707 Washington, D.C. 20555 Atomic Safety and Licensing Appeal Jag Silberg, Esquire Board Panel Shaw, Pittman, Potts, 6 Trowbridge U,S. Nuclear Regulatory ~ssion 1800 M Street NH Washington, D.C. 20555 Washington D.C. 20036 James M. Cutchin, IV, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Ccmnission Washington, D.C. 20555