ML18004B576

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Responds to Opposing Util Request for Exemption from Requirements of 10CFR50,App E,Section IV.F.1 & Ack Receipt of 861028 Motion Now Before Commission.Ongoing Training & Development at Plant Helps Maintain Preparedness
ML18004B576
Person / Time
Site: Harris Duke Energy icon.png
Issue date: 11/04/1986
From: Harold Denton
Office of Nuclear Reactor Regulation
To: Thornburg L
NORTH CAROLINA, STATE OF
References
NUDOCS 8611060337
Download: ML18004B576 (3)


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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 November 4, 1986 Mr. Lacy H. Thornburg Attorney General Department of Justice State of North Carolina Post Office Box 629

Raleigh, North Carolina 27602-0629

Dear Mr. Thornburg:

I am pleased to respond to your letter dated September 9,

1986, in which you express your opposition to Carolina Power and Light's (CPSL) request for an exemption from the requirements of 10 CFR 50, Appendix E, Section IV.F.l.

I would also like to acknowledge receipt of your "Motion Regarding Applicants'equest for Exemption from Portion of 10 C.F.R. Part 50, Appendix E, IV.F.1,"

which you filed on October 28, 1986.

This motion expressing your views is now before the Commission for their consideration.

The Commission is also being provided with copies of your September 9,

1986 letter and this response.

Furthermore, as you are probably aware, a low power license was issued to CPEL on October 24, 1986 authorizing the operation and testing of the Shearon Harris Nuclear Power Plant at up to but not to exceed 5 percent of rated core power.

A full power license will require the successful completion of these low power tests and approval by the NRC Commissioners.

Your September 9,

1986 letter urges that CP8L's exemption request from 10 CFR 50, Appendix E, Section IV.F. 1 be denied on the basis that although there was a

full participation exercise conducted in May 1985, "significant modifications to the Plan have either been made or planned,"

and that "extensive residential and commercial development within and immediately without the EPZ has occurred."

In addition, you also note that the level of public concern over the Shearon Harris Nuclear Power Plant has risen since the Chernobyl incident.

In response to your concern regarding CP8L's exemption request from 10 CFR 50, this request is currently under review by the Commission.

However, before the Commission grants an exemption it must be in accordance with 10 CFR 50. 12(a),

which requires that the exemption be authorized by law, not present an undue risk to public health and safety, and be consistent with the common defense and security.

Concerning the extensive residential and commercial development that has occurred around the Shearon Harris Nuclear Power Plant, there have been ongoing training and development

programs, involving state and local organizations with assistance by CPSL, to help maintain adequate and up-to-date emergency preparedness since the May 1985 exercise.

Regarding the increased public concern over the operation of nuclear power plants since the Chernobyl incident, the NRC staff is evaluating the Chernobyl incident and its impact on U.S. commercial nuclear plants.

Presently, nothing has been identified which provides a basis for the NRC to take regulatory action with respect to any of the U.S. facilities.

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Mr. Lacy H. Thornburg November 4, 1986 In addition, by letter dated September 29, 1986, Mr. Joseph M. Dean of the North Carolina Department of Crime Control and Public Safety, stated that the Department is "confident that the level of emergency preparedness has been maintained and....enhanced since the May 1985 exercise."

Further, Mr. Dean states that "the Department of Crime Control and Public Safety does not believe that yet another full-participation exercise prior to operation of the Harris Plant is necessary in light of the previous exercise, the one scheduled for October of this year, and the full exercise scheduled for February, 1987."

In closing, I appreciate you bringing to my attention your concerns regarding the Shearon Harris Nuclear Power Plant.

I hope that the above discussion has been responsive to your concerns.

Sincerely, ORIGINAL SIGNED BY:

FRANK SCHROEDER/for Harold R. Denton, Director Office of Nuclear Reactor Regulation DISTRIBUTION YELLOW TICKET 869560 Doc et F~

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