ML19253C952
| ML19253C952 | |
| Person / Time | |
|---|---|
| Site: | 05000516, 05000517 |
| Issue date: | 12/10/1979 |
| From: | Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| Shared Package | |
| ML18081B361 | List: |
| References | |
| RTR-NUREG-0578, RTR-NUREG-578, RULE-PR-50 NUDOCS 7912120431 | |
| Download: ML19253C952 (4) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COPJilSSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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LONG ISLAND LIGHTING COMPANY, et al.
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Docket Nos. 50-516
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50-517 (Jamesport Nuclear Power Station,
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Units 1 and 2)
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NRC STAFF SIXTH STATUS REPORT This Status Report is filed by the NRC Staff pursuant to the Atomic Safety and Licensing Appeal Board's grant, on June 7, 1979, of the Staff's request for an indefinite extension of time within which to respond to the County of Suffolk's Motion for Leave to File a Supplemental Brief.
The Staff's last Status Report was filed on November 9, 1979.
Copies of the Kemeny Commission Report were served in this proceeding subsequent to the filing of the Staff's Fifth Status Report.
The Staff is currently reviewing and evaluating the recommendations contained in the report. Additionally, the NRC Staff has now prepared and served the Three Mile Island Lessons Learned Task Force Final Report (NUREG-0585) as a Board notification.
On November 9, 1979, the Staff sent a letter to licensees in this proceeding, and other licensees, which constitutes a " Discussion of Lessons Learned Short Term Requirements". Also, on November 21, 1979, the Staff sent to licensees, and others, a letter regarding proposed upgraded emergency plans.
Copies of these documents have previously been served on a number of parties to this proceeding.
For those not previously served, copies are enclosed with this Status Report.
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. Respective counsel for the NRC Staff and the County of Suffolk met on November 27, 1979, to discuss the County's pending motion.
It was agreed that a stipulation disposing of the County's motion could not be reached at the present time because of the following circumstances: (1) The Staff's evaluations are not yet complete in this proceeding regarding the various documents issued as a re-sult of the Three Mile Island accident;and (2) the County is of the view that a decision by the flew York State Board on Siting and the Environment will be issued within the next three months which decision will have a material bearing on the County's position in this proceeding.
It was, however, also agreed that further discussions involving a possible stipulation would take place between the parties at an appropriate time.
As previously required by the Appeal Board, the Staff will file another monthly status report by January 10, 1980.
If, before that time, definitive information becomes available to Staff Counsel regarding the expected completion date of all evaluations, the Appeal Board and parties will be promptly advised.
Respectfully submitted, MWA4 }%
OYA Bernard M. Bordenick Counsel for NRC Staff Dated at Bethesda, Maryland this 10th day of December, 1979 1536 099
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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LONG ISLAND LIGHTING COMPANY Docket Nos. 50-516 (Jamesport Nuclear Power Station,
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Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF SIXTH STATUS REPORT", dated December 10, 1979, in the above-captioned proceeding, have been served on the following, by deposit in the United States mail, first class, or, as indicated by an asterisk through deposit in the Nucelar Regulatory Commission's internal mail system, this 10th day of December, 1979:
- Dr. W. Reed Johnson Dr. E. Leonard Cheatum Atomic Safety and Licensing Appeal Route #3, Box 350A Board Watkinsville, Georgia 30677 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Edward J. Walsh, Jr., Esq.
Long Island Lighting Company
- Richard S. Salzman, Esq.
250 Old County Road Atomic Safety and Licensing Appeal Mineola, New York 11501 Boa rd U.S. Nuclear Regulatory Commission W. Taylor Reveley, III, Esq.
Washington, D. C.
20555 Hunton & Williams P. O. Box 1535
- Sheldon J. Wol fe, Esq.
Richmond, Virginia 23212 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mr. A. E. Kintigh Washington, D. C.
20555 Vice President-Generation New York State Electric & Gas Co.
Mr. Ralph S. Decker 4500 Vestal Parkway East Route 1, Box 190D Binghampton, New York 13902 Cambridge, Maryland 21613 Environmental Protection and Progress Committee Local 25, I. B. E. W.
Box 997 41 Pinelawn Road Melville, New York 11746 1536 100
. Joel Blau, Esq.
Jeffrey E. Stockholm, Esq.
Frederick H. Lawrence, Esq.
flew Y6rk State ' Dept. of Public Service Huber, Magill, Lawrence The Governor Nelson A. Rockefeller and Farrell Empire State' Plaza 99 Park Avenue Albany, New York 12223 ilew York, flew York 10016 Dr. Caryl R. Granttham Ira Lee Zebrak, Esq.
Co-Chairman, Concerned Citizens Huber, Magill, Lawrence of Suffolk County and Farrell Box 550 99 Park Avenue Jamesport, New York 11947 flew York, New York 10016 Ms. Jean H. Tiedke Dr. Arthur Tamplin Box 1103 c/o flatural Resources Defense Southold, flew York 11971 Council 917 - 15th Street, N.W.
Dr. Harris Fischer Washington, D. C.
20005 Suffolk County Department of Environmental Control 1324 Motor Parkway
- Atomic Safety and Licensing Hauppauge, flew York 11787 U.
fl lear egulatory Commission Irving Like, Esq.
Washington, D. C.
20555 Reilly and Like 200 West Main Street
- Atomic Safety and Licensing P.O. Box 218 Board Panel Babylon, New York 11702 U.S. Nuclear Regulatory Commission Mrs. Laetitia deK. Bradley Washington, D. C.
20555 144 Quaker Path Setauket, New York 11733
- Docketing and Service Section Office of the Secretary Ms. Shirley L. Bachrach U.S. Nuclear Regulatory Commission Box 1054 liashington, D. C.
20555 Southold, New York 11971 Jeffrey Cohen, Esq.
Ms. Adelaide Flatau Deputy Commissioner and Counsel 30 Dartmouth Road flew York State Energy Office c
Shoreham, New York 11786 aa William C. Chapek Albany, New York 12223 Box 997 Melville, New York 11746 Joseph C. Gramer, Esq.
425 Broadhollow Road l f.
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Melville, New York 11746 Bernard M. Borderiick Carl G. Dworkin, Esq.
Counsel for NRC Staff Senior Attorney for Energy llew York State Department of Environmental Conservation 1536 10i 50 Uolf Road Albany, New York 12233
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'o UNITED STATES E ') ) c. ( [,j NUCLEAR REGULATORY COMMISSION
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November 9, 1979 TO ALL LICENSEES OF PLANTS UNDER CONSTRUCTION Gentlemen:
SUBJECT:
DISCUSSION OF LESSONS LEARNED SHORT TERM REQUIREMENTS On October 10, 1979, you received a letter which defined a set of "short term" requirements resulting from the NRC staff investigations of the TMI accident. Since the lettter was issued, the staff has further defined these requirements. provides the additional clarifications of the NRC staff require-ments as provided to licensees of operating reactors. Enclosure 2 provides a list of modifications to these clarifications to make them applicable to applicants for operating licenses, applicants for construction permits and licensees of plants under construction.
It should be noted that the intent of these requirements and the purpose of our letter of October 10, 1979 have not changed.
If you have any questions regarding these actions, please contact the NRC Project Manager for your facility.
Sincerely,
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D. B. Vassallo, Acting Director C1 vision of Project Management Office of Nuclear Reactor Regulation
Enclosure:
Discussion of TMI Lessons Learned Short Term Requirements ccs:
Service List 1536 102 DUPLICATE DOCUMENT Entire document previously entered into system under-h ANO c cu -
No. of pages:
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D. C. 20555 9
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November 21, 1979 TO APPLICANTS FOR OPERATING LICENSES AND LICENSEES OF PLANTS UNDER CONSTRUCTION Gentlemen:
SUBJECT:
UPGRADED EMERGENCY PLANS This letter is being sent to applicants for licenses to operate nuclear power pl ant s. The purpose of this letter is to advise you of our present require-ments regarding emergency planning, including a proposed rule change which we are invoking pending promulgation of a final rule.
The NRC licensing requirements dealing with an applicant's emergency plans are set forth in Appendix E to 10 CFR Part 50, " Emergency Plans for Production and Utilization Facilities," and in Regulatory Guide 1.101, " Emergency Planning for Nuclear Power Plants." These documents require that applicants for power reactor licenses develop plans for coping with radiological emergencies within their plant sites.
In addition, applicants are required to make certain emergency preparedness arrangements with State and local organizations to cope with plant-related emergencies outside the site boundary.
In this regard, the NRC, in con-junction with several other federal agencies, has attempted, on a cooperative and voluntary basis, to provide for training and instruction of State and local government personnel and to establish criteria to guide the preparation of emergency plans. However, in the past, NRC concurrence in State and local emergency plans has not been required as a condition of nuclear power plant operation. We now are requiring, pending the results of a proposed rule change, that NRC concurrence in State and local emergency response plans be obtained as a condition for issuing an operating license.
To accomplish this change in requirements, we require that upgraded emergency plans be submitted in accordance with the format of Regulatory Guide 1.101.
The upgraded emergency plans will be evaluated against the requirements of Appendix E to 10 CFR Part 50, the regulatory positions set forth in Regulatory Guide 1.101, and the acceptance criteria contained in Emergency Planning Review Guidelines Number One - Revision One, dated September 7,1979 (Enclosure 1).
Your plans should be submitted by June 1980. For those applicants which have not yet submitted their FSAR the upgraded emergency plans may be submitted at the time of FSAR submittal.
To aid you in developing your response, each reactor site will be visited by an NRC emergency planning review team consisting of NRR personnel and con-sul tants. The team will visit each site and hold discussions with the applicant and State and local officials responsible for emergency preparedness.
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-2 Each applicant will have the responsibility for insuring that appropriate arrangements are made for discussions between the NRR review teams and State and local officials during the team site visits. However, initial contacts with State officials will be made by the NRC. Each applicant should provide copies of relevant material to the cognizant State and local entities, and also to known regional federal offices involved in emergency preparedness activities.
In addition to our present requirements described above, proposed rule changes for 10 CFR Part 50, Sections 50.33 and 50.34 and Appendix E are being considered as an interim upgrade of NRC emergency planning regulations to provide prompt clarification and expansion in areas that have been perceived to be deficient as a result of past experiences. These proposed rule changes are deemed interim because the staff anticipates that further changes in the emergency planning regulations may be proposed as more experience is gained by implementing these revised regulations. Also, changes have recently been and may further be proposed as the various Three Mile Island investigations are concluded and the results become available for efforts in such areas as instrumentation and mor;itoring, and generic studies of accident models.
The proposed rule, Enclosure 2, contains three major changes from current practices. The proposed rule would:
1.
Require that an applicant's emergency plans, including State and local governmental emergency response plans, be submitted to and concurred in by the NRC as a condition of opera':ing license issuance. (NRC concurrence for State and local plans is not required at the construction permit stage.)
Additionally:
An operating plant may be required to cease operation or reduce power a.
levels if a State or local emergency plan has not received NRC concurrence within 180 days of the effective date of the final amendments, b.
An operating plant may be required to cease operation or reduce power levels if a State or local emergency plan does not warrant continued NRC concurrence and the State or locality does not correct the deficiencies within four months of notification of NRC concurrence withdrawal.
2.
Require that emergency planning considerations be extended to " Emergency Planning Zones," as defined in NUREG-0396, " Planning Basis for the Development of State and Local Government Radiological Emergency Response Plans in Support of Light Water Nuclear Power Plants," December 1978.
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1 8 3.
Require that detailed emergency planning implementing procedures of both licensees and applicants for operating licenses be submitted to NRC for review. This review would determine the acceptability of such procedures in providing reasonable assurance that emergency measures can be taken to protect the public health and safety in the event of a radiological emergency. The Office of Inspection and Enforcement would perform this review.
A discussion of each of the above major changes is provided in Enclosure 3.
In addition, sections of Appendix E that would be expanded by the proposed rule are:
1.
Specification of " Emergency Action Levels" (Sections IV.B and C),
2.
Dissemination to the public of basic emergency planning information (Section IV.D),
3.
Provisions for prompt alerting of the public and instructions for public protection (Section IV.D),
4.
Onsite and offsite emergency control centers (Section IV.E),
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Specialized training (Section IV.F), and 6.
Provisions for up-to-date plan maintenance (Section IV.G).
The staff is concerned that important considerations related to the workability of the proposed rule changes may have been overlooked and that all significant impacts to NRC applicants, licensees, and State and local governments may not have been identified. Therefore, the staff intends to hold a public workshop during the public coment period to (a) present the proposed rule changes to State and local governments, utilities, and other interested parties, and (b) to obtain comments concerning the costs, impacts and practicality of the proposed rule changes. The staff believes it is likely, as a result of expected public comment, that significant changes may be indicated in the rule as proposed.
Pending the receipt of comments and the promulgation of a final rule, NRR intends to use the proposed amendment in reviewing an applicant's emergency plans for an operating license. In accordance with Section V of the proposed rule, ten copies of c4nergency plan implementing procedures are to be submitted to the appropriate NRC regional offices within 180 days prior to scheduled issuances of your operating license. Thereafter, ten copies of any changes to these implementing procedures are to be submitted to this same regional office within 15 days of such changes.
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4 provides for your infonnation and use, a document on the basis for emergency action levels that has been provided to the review teams for interim use. Your comments on this document are invited. Coments should be sent to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington., D. C. 20555, Attention: Docketing and Service Branch. All comments received by December 1,1979 will be considered by the Comission.
For further information or coments please contact M. Frank G. Pagano on (301) 492-7846 or your assigned licensing project manager.
Sincerely, 1
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k i undp-% L homenic B.eVassallo, A5 ting! Director Division of Project Managgnt Office of Nuclear Reactor Regulation
Enclosures:
1.
Emergency Planning Review Guideline Number One - Revision One, dated September 7,1979 2.
Federal Register Notice of Proposed Rulemaking 3.
Discussion of Major Proposed Changes to the Emergency P1anning Regulations 4.
Basis for Emergency Action Levels for Nuclear Powr Facilities ccs:
Service List 1536 106