ML19259D541

Exhibits from Ma Atty General Omitted from Motion of Commonwealth of Ma to Defer Forthcoming Evidentiary Hearings on Emergency Planning & Class 9 Accidents.Reprint of 44FR41483 & SECY-79-450 Encl

ML19259D541
Person / Time
Site:	05000471
Issue date:	07/30/1979
From:	Wright F MASSACHUSETTS, COMMONWEALTH OF
To:	Goodhope A Atomic Safety and Licensing Board Panel
References
SECY-79-450, NUDOCS 7910250045
Download: ML19259D541 (9)

Text

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THE COMMONWEALTH OF. M ASSACHUSETTS f f-l, w," ., .

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N DEPARTMENT OF' THE ATTORNEY GENERAL 1

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JOHN W. Mc CORMACK STATC oFFICC Bull. DING l'j oNC ASH 8URTON PLACE BOSTON 021CS t.y/

rmANCIS X. SELLQ M '

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arrammer enacani.

July 30- 1979 .'A"1 9

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7 i.'3 Andrew C. Goodhope, Esq.

Chai: man, Atomic Safety and Licensine Board

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[gy',ry 1 N

U.S. Nuclear Regulatory Commission y Washington, D.C. 20555 Re: Boston Edison Company et al.

(Pilgrim Nuclear Generating Station, Unit 2)

. Docket No. 50-471

Dear Chairman Goodhope:

By inadvertence, the enclosed exhibits were omitted from the " Motion of the Commonwealth of Massachusetts to Defer the Forthcoming Evidenriary Mearings on.Energency Planning and Class 9 Accidents" submitter'. to the Atomic Safety and Licensing Board on July 27, 1979.

Picase accept my apologies for the confusion caused.

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Very trulv yours, P00R1RIGIML FRANCIS S. WRIGHT Assistant Attorney General Environmental Protection Division one Ashburton Place, 19th Floor

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Boston, Massachusetts 02108 (617) 727-2265 FSW:JK Enclosures cc. Pilgrim Service List 1213 nu h-79102500 6

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Federal Register / Vol. 44. No.138 / Tuesday. July 17. 1979 / Proposed Rules 41433 l

Installation information shall be for continued operation of a nuclear in Support of Ught Water Nuclear submitted as soon as possible and the faci!1ty, and coordination between the Power Plants." N'AEG-0396/ EPA 5:0/  ;

applicant shau permit veriacation by the licensee plan and State and local plans. 1-78 016. December 1978. See 43 Fed.  ;

Reg. Sa858 [ December 15.1978), see also -

International Atomic Energy Agency--- The Commission seeks' written and take such other action as may be - comments on what items should be 44 Fd. Reg. 23137 ( Apnl 18.1979).

necessary to imple=ent the US/lAEA - induded in the rule. Furthermore. a number of organizations.

Safeguards Agreement,in the manner oATtz Comments ar'e du's n'o later than induding Cntical Mass and Public set forth in iI 73.6.75.11-75.14 of this F- August 31.1979. . Interest Research Groups, have renewed fa4pter.ne Commisaion wdl grant an

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. - and supplemented a pennon for exemption fecm this requirement. upon Acoatssethuen commen'ts " rulemaking, previously denied by the concerning these issues should be Commission. concerning the operational application. !!it detn nines that the .6 installa tion wul cot be included on theb submitted to the Secretary of the

• datads of evacuanon plannmg.See 44, s United States eligible M , -9,g Cocunission. IT.S. Nudear Regulatory FR 3:486 Gune 6.1979). r s."- ' * ~0 2f. . Commission. Wtshington. DC 20555.

• The Commission has decided .: t$ : v r Part 170-Fees focFacstles andZ.4 Pon rustrNERINFORMATtCM CCNTACTt Initiate an expedited rulemaking ._c Materials Uconses and Other. > .Mf W Patricia A. Camella. Site Designation procedure on the subject of State and O Regulatory Services Under the Atomic Branch.Ofncs of Standardsc. - '2 local emergency responsa plans and %

Energy Act of 1954,as Amendedg Development. Nuclear Re;;ulatory" those of IIcensees.The Commission is -

12. Sectfon 17$1iIs amended fy y Commissic. Washingtom DC 00555 .. soliciting public comments in'this area.

301-443-49M. ,e particularly on the following issues:

adding a now paragraph (a)(10) to read..

as follows. -

u 3. sumzutwfAsv mronuATtcec The NRC 1. What should be the basic objectives -

.^' '

.- requires that power reactor license of emergency planning? ,

i 170.11 Fxemptions. - - .M'i applicants plan for tadialogical s.To reduce-public radiation I (a) No application fees. Ilcensee fees, emergencies within their plant sites and exposure? l renewal fees, or inspection fees shall be make arrangements with State and local b. To prevent public radiation required for:

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organizadens to respond tc accidents exposure?

. . . . . that might have consequences beyond c.To be able to evacuate the public?

the site boundary. In this way off-site (10) Activities of the Commission 0 To what extent should these 8 P 8 '

undertaken. pursuant to Part 75 of this bjectives be quantified?

chapter, solely for de purpose e!

'lnu'de d H g s )e '10 2. What constitutes an effective CFR Part M Appe.idix E (19'*9). see dso implementanon of the US/IAEA emergency response plan for State and addi'ional guidance in U.S. NRC.

Safeguards Agreement local agencies? For licensees? What are

• * * * * -- Regulatory Guide 1.101. "Emergenc.y the essential elements that must be Planning for !!uclear Power Plants. .

, Dated at Washingten. CC $2s t::h day of included in an effectiv plan? Do (3,y, 3, 3977), i existing NRC requirements for licensees  ;

To aid State and local governments n For de Nuclear Regulatcry Commsica. (10 CFR Part 50. A ppendix El and J the development and implementation of Samuel I. Chim, guidance for States (NUREC-75/111) adequate emergency plans, the NRC. in S<cretaryo/ me C.meussica conjuncnon with seven other Federal lack any of due niendal elments? .

9 Da wN ** *** =i agencies. has attempted. on a 3. Should NRC concurrence in the seo coes n*** cooperstive and voluntary basis, to associated State and local emergency provide for training and instruction of response plans be a requirement for t State and local govern =ent penannel continued opers:ics of any nuclear dequacy arid Acceptance of and to establish cr:tena to guide the power plant with an existing operating Emerge.,cy Planning Around Nuclear preparation of emergency plans. licensellf so, when should bis 3eneral r semties - - However, de NRC has not =ade NRC requirement become etfecuve? g

- approval of State and local emergency 4. Should prict NRC ccncurrence in p

[to CFR Part 50] c' -

plans a condition of nudear power plant the asociated State and local actucy U.S. Nuclear Regniatory >

operation. emergency response plans be a p Commission. :*-- -

ne accident at Three Mile faland has nquirment for de issuancs of any new g operating license fcr a nucint power <

acTtosc AdvanceNoticeaf Pmposed- raued a number of questions about the plant? If sa when should this general adeqncy of radiological emergency t' Rulemaking. -- -

requirement bece=e eneenve!

response plans. Even before the suuuAny:The Nn.!aar Regulatory acmdent de GAO had recem= ended 5. Should financal assistance be }

Commissica is censidering de adoptien thei NRC not !! cense new power plants provided to State and local governments for radiolog: cal emergency response 4 of additional regulations which will fer operation unless off-site emegency 3 establish as conditions of power reacto:- plans have been approved by the NRC. planning and preparedcess? If so, to y operation inenased e=ergency CAO. Report to the Congress." Areas what extent and by what mesos? What 3 resdiness for public proteenen in the Around Nuclear Fsclities Should Be should be the source of the funds? $

.tcinity of nuclear pcwer nactors on de Better Prepared For Radiological s. Should radiological emegency . 1

ut of both the licensee and !ccal and E=ergences." March 0.1979. The response dn!Is be a requirement? II *,j 3 state sudorities.The Cocumssion is Commission is also considenng new under whose authority

Federal. St in:erested in receiving puclic co==ent guidance to State and !ccal governments local government? To what exten '/J I on objectives for effecnv plans. on emergency planning. based on an should Federsi. State, sad Iocal *p 4 N ac:eptance entana for State /!ccal analysis of a joint NRC-EPA Task Force govern =ents, and licensees be r- g*Jed a Report. "Planmng 3 asis for Development to particpate? g . J,.

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emergency plans. NRC concurrence in Sta:e snd local plans as a requirement for issuance of an opersting Scanse or of Stata and I.ocal Covernment 7. How and to what extent sbc Radioicgical E=ergency Response Plans public be infor=ed, prior to any

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'414M -

Federal Register / Vol. 44. No.138 / Tuesday. July 17. 1979 / P:cposed Rules For the, twmi.4;on.

emergency, concerning emergency -

Under section 351 of the Public Health ]

actions it1might be called upon to taks! - Sams.al J. Chak. . c . , Service Act BZU.S C. ..Typhcid 8.What sedona should be takenin -t S =ewyof the cx2cumon - Vaccine nIIeredIce sale, barter, er response to the recommendations of the i tra c.co.m n.c.us ans ==i

- exchange in I-' ems ta commerce must j, loint NRC/EPATask Force Report- -

aus o ecos now a .. - be licensedand meet certam s andards 7 (NUREC-C396/ EPA 5 c/1-78-012)F " "- that ec.sure ds cerf.nued safety, purity. , g

9. Under wbet csrcumstancas and w.n* potacey, and eLc*ivenessMaimum j using what mune sbculd a br= =**S:d - requirements Ice Typhoid Vaccba were , g otify Stata.locaLand Federal agmef.,

Erst -'M6A on Decemoer a.1.953. .

of incidents.tocinding emergenceshru ? -

e3 and tevised on Septemhn 30.1968. ' . {,

When. how, mywoes extent,and by:h.] Food and Drug Sisibis'tration ." w Addiannal standards were published In y whom elscendthepubhc be =v bddW ."y

".-W the FedecalResis:er on June 4.1969 (34'

'r- .m FR 3914) anTacodified as il 8:110 ;

these MdA*=P - NStz'SWJi h m-aucmyndwalk - C ~ ~ ~(21'CFRP3rt

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820]# #'#N, '

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through 8:0.15 (n CFR 6:010 Grough, , g collected 1 sed a=rahmimwi by the NRC. :hi [Deciset No.7806 6425]M - 3Jo 820.15).ca November 20. u73 &38fR r g staH.whichwdtmamusz submit.m.M/ wm. .M m.eubec: 3:048). Under i e10.14(c) of the 2.-m.w :q reco===i-d='Mr==ca*= aa==A rules ta p Bacterial preA =, Additionet .. s c., =Ade== al a tandards (22. CFR 8:0.14(c)).: b

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the r*, =, == Beas'd on the rm= =iiants Staridards for Typhoki Vaccine .. .; Typhoid V=mna shalinot be issued by - j it mesivas!som thepubbc and the'5 Aorwer: Food and Drug A:l=i:estration. 6e manufactum untu wnnen j

analysisaf tepr+== presented by the AC A.. ' " "" * '

d N RC StaN. &er= ==sion wul ; . . P 8'd Ru!8- received from de Dinctor.Bureas cf y determine whaber to proceed with aE, sumuAmt b Food and Drug Biologi.:s (BOB). Of5cial written is issued only,after the Director has release  ;

proposedade far notice acd -- =nt Admmistration (FDA)is proposms to g and/or wheder to make such rule. amend the biologics Typhoid Vacane reviewed the protocol and tested ,

immediataly adacnve.D.s thwasion regulations to ensure further de samples to acsurs the contimred safety. 1 anticipates completion of this expedited anagenic integrity of the Ty 2 strain of punty. potency, and e&cunnass of j rulemakingin a; proximately six bacteria used in vacene produchon and Typhoid Vacene. ,

months, to require that licensed manufactunra On the basis of new scientific f The NRCstaf fs presently conducting obtain the U.S. Opacity Standard from knowledge dertved from product release  ;-

a comprehacssve review of all aspec:s of the Bunau of Biologics. The FDA is also data ace =malsted and analyzed by BCB the NRC - c f ph .s and proposing to amend these regulations by for the past several years.FDA is 3 pr pared =esspr=s:2m.'Drerefore, the establishing new standards for the proposing emendments to the additional 3

Co*sionis aiso L Min . performance and results of the potency standards fer Typnmd Veccine. -  ;

receivmg -h a3 cf.w e3 test for each lot of mam fmetured . . Including the following:  ;

of emergenc7* -v includ!=3issees Typhoid Vaccine. (1) StrainTy 2 of Salnionella typneva  ;

raised in Se Catical Mass /P!RG . . DATas: Comment by September 17.1979. is used in the manufacture of Typi:oid I pet: tion formismak: rag and Ms Vaccine.To ensure the ant:2enie  ;

Acontss: Written comments to the

~ such as the' L . .

integrity of the Ty.2 strain.FDA is i

10. How1md atrd:sthentshotdd 6e Heating Cerk (HFA-005). Food and proposing to amend i S:0.11(21 CFR j,

.ents On:g Administradoh 4-65. 5600 6:0.I') to reqwre that antigenic integr:ty concerns of S< ate endlocal sv ,

be incorpevoted intaFeder'd Fishers Lane. Rockville. MD .0837. be venfied by the ag#n= hen of livr=g S radiolos3calene:gency cesponse Fon meta wcanAncu cos.Ac'c bactma by a Ty 2 antisenu:2. a plannmgf Wa at I.Booten. Bureau of Biclogx:s ( ) To clanfy the source for obtaining  !

11. Howshould Federal agences. (HFB-420). Food and Drug necessary reference meterials. FDA i interfe<:a wrth State and local Adwmtra:ica.Dem of Heali. proposes to emend I a:0.12(n CFR j govern =ests and the Lcensee dumg Educatica. and Welfare. 8800 Rockville_ 6:0.12) to require that de U.S. Stendard i e= erg ar-a.r -

.. P!ke. M H=. MD 20014,301-43-1 ce. Typhoid Vacene and de U.S. Opaczty . 3

12. Should de beesaees be nqaurrd to suem.amamAav wommanoM:The Standard be obtained frorn de Burean . I provide racioiaarmi emergency resocese tr===== forState andlocal Commissioner is preposing to amerwi the of Biologins .

biologics regula tions for manufacniru:g (3) Saline is required for use in.

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govermnent aussemena If se, so1= hat. Typhoid Vaccme by setting potency diludncs of the vaccne and c alfange 8

exter:tthA :be F=*==isoserasaemt standards for the Ty 2 strain of doses used in the potency test.The use provide such trammest tf so, to,id:st. . SalmoneCa typhoea used la the of paoeohare bunered sahne (pBS} by '

extent? manufacture of Typhoid Vaccne acd by the BOB has not resulted in any j

13. To wi:at extent seashi~limar* be revising the potency test under 15:0 u detectable changes in the poiency test. ,

placed as bcrasees inr 6e ass ===mm + (21 CFR 220.13) consistent with new Accerc.ngly. FDA is pcrposing to newnd 4 cf de actual or notarm=1 w- - scien:iSc knowladge denved from past

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of an acevi==t ers ngard toi:2u2ndam experience with the product. i Smu(b)(1) of PBS for dsenna and (c)(2) de the vacene, to per=ut de of protecm acion? Towhat exrent In the United States, typhoid disease challenge. and vindence titrations et j should this r=-aaaWity be bocne by hss been in decline in recent years and Stram Ty 2 afSaunanella typhosa. #

Federal. Sta te or local govec=nents? ' routine typhoid vaccina tion is no longer (4) Based en statistical me6cds nsed- Y

14. Wonki public perncipadon in recommended. However, immuniza tion in. and results denved from. Typhoid  ?--

radiological ecwrgency response dr.11s. is indicated if a person has come into Vaccme potency testa peiormed at the includu:g evacuaden, serve a useful contact with a known typhoid carrier. if B03. FDA is proposing *n med ~:

purpose? If so. what shouki be the there is an outbreak of typhoid fever in 16 0.1Ne) to requ:re that new stausti=d d extent of the public pardeipanonf the comrmunity. orif a person plans to =eihods be used fa deter m- gee 5 Detad at Wasaington. D.C. :he 1: tin day cf *rsvel to an area where typhoid fever 14 validity of t!m poteccy test.For Ny tsrs. endemic. consistency. FDA proposes to amend (J

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s UNITED STATES Julv 23,1979 NUCLEAR REGULATORY COMMISSION SECY-79-450 WASHINGTON, D. C. 20555 IBOP.0ATICE REPORT For: The Commissioners Thru: Executive Director for Operations 8b eO L v. 6

_t' Frce: Harold R. Denton, Director, Office of Nuclear Reactor Regulation

Subject:

ACTION PLAN FOR PROMPTLY IMPROVING EMERGENCY PREPAREDNESS

Purpose:

To infom. the Commission of the staff's plans to take immediate steps to improve licensee preparedness at all operating power plants and for near-term CL's.

Discussion: While the emergency plans of all power reactor licensees have been reviewed by the staff in the past for conformance to the general provisions of Appendix E to 10 CFR Part 50, the mo:t recent guidance on emergency alanning, primarily that given in Regulatory Guide 1.101 " Emergency Planning for Nuclear Power P1 ants", has not yet been fulT.y impiementsd by most reactor licensees. Further, there are some additional areas where imprevements in emergency planning have teen

<,,i. ,, highlighted as particularly significant ey the Three Mile 7' 4 Island accident.

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s The NRR staff plans to undertake an intensive effort over

' about the next year to improve licensee prcparedness at all cperating power reactors and those rea: tors seneduled

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} for an operating license decision within the nec year.

This effort will be closely coor:inated if th a sirilar

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M effert by the Office of State Programs to impr:.e State and local response plans through the concurrence process and Office of Inscection and Enforcement effor.s to verify procer implementation of licensee emergency preparedness activities. -

The main eleinents of the staff effort, as listed in Enclosure 1, are as felicws:

(i) '!pgrde licen ee e ergency plans te satisfy Re;;!: tory Guide 1.101, with spe:ial at entic-tc ;r.e cevel opmen: of uniform action leva' crit.eria based on plant parameters.

CIA 07: Brian L. Grimes P00R ORIG NAL un m E.sc. 27M 5 26009a0roz Ep A Jo g

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The Commissioners (2) Assure the implementation of the related recommenda-tions of the NRR Lessons Learned Task. Force involving instrumentation and to follcwprovided relate the infomation the course of an accident by this instrumentation to the emergency plan action levels.

This will include instrumentation for post-accident sampling, high range racioactivity monitors, and. improved in-plant racioicdine instrumentation. The implementation of the Lessons Learned recommendation on instrume for detection of inadeouate core coolir.g will also be factored into the emergency plan action level criteria.

(3) Detemine that an Emergency Operations Center for Federal, State and local personnel has been established with suitable co.munications to the plant, and that upgrading of the facility in accordance with the Lessons Learned reccamendation for an in-plant technical support center is underway.

(4)

Assure that improved licensee offsite monitoring capabil-ities (including provided for alladditional sites. TLD's or equivalent) have been (5)

Assess the relationship of State / local plans to the licensee's and Federal plans so as to assure the capability to take aporo:riate emergency actions.

Assure that this cacability will be extended to a distance of 10 miles as scan as practical, but not later than January 1,1981 This. item will be perfomed in conjunction with the Office of State Programs and the Office of Inspection and Enforcement.

(6)

Require (Federal test exercises of approved Emergency Plans such exer,cises, and participate in a limited num of joint exercises.

Tests of licensee plans will be required to be conducted as soon as practical for all facilities and before reactor startup for new licensees.

Exercises of State plans will be perfomed

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The Commissioners .

in conjunction with the concurrence reviews of the Office of State Programs. Joint test exercises involving Federal, State, local and licensees will be conducted 'at the rate of about 10 per year, which would result in all sites being exercisco once each five years.

The staff review will be accomplished by about 6 review teams, similar to the concept used to assure suitable implementation of the physical security provisions of 10 CFR 73.55. As a mir.imum, the teams will consist of a team leader from NRR, a member from Los Alamos Scientific Lab (LASL) and, at least for field visits, a member from the IE Regional office. LASL will be used as the source of non-f;RC tean members because of the expertise gained ar.e f amiliarity with the plants acquired during the physical security reviews. The Division cf Operating Reactors will have the res:cnsibility for comple-tine these reviews for both operating reactors and near-tem OL's. J. R. Miller, Assistant Direc cr, D0R will be respon-sible for implementation of the prog- am. General policy and tecnnical direction will be provided by Brian Grimes, Assistant Director, DDR. -

The first sites to be reviewed by the teams will be those scheduled for operating licenses within the next year and

. those sites in areas of relatively high copulation. Major milestones for the program are being developed and will incluce regional meetings with licensees to discuss the program, si:e visits by the review team, and meetings with 1 ocal of'ficials.

Coordination: This action plan has been discussed with the Task Force on Emergency Planning and the Task Force Chairman, T. F. Carter, has advised that the ask Fome deliberations to date h.ve indicated no reason why NRR shculd not proceed. The Offige of State Programs concurs in this plan. The Office of Inspection and Enforcement concurs in the plan.

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The Commissioners .

NRR expects to perfonn this task withotrt augmentation of resources beyond those authorized for FY79 and FY80.

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Harold P.. Der.tcr., Director Office of Nuclear Reactor Regulation

Enclosure:

Emergency Preparedness Improvements for Operating Plants and Near Tem OL's DISTRIBUTION -

Connissioners -

Conhission Staff Offices .

Exec Dir for Operations

.ACRS Secretariat 1213 05i

?DDR ORHEt .

ENCLOSUP.E NO.1 EMERGENCY PREPAREDNESS I.PROVEENTS AND COMMITMENTS REOUIRED FOR OPERATING PLAffTS AW NEAR TERM OL'S Implementation Item Catecoryl/

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1. Upgrade emergency plans to Regulatory Guide 1.101 A with special attention to action level criteria based on plant paraneters.

2. Implement certain short tem actions reccomended by Lessens Learned task force and use these in -

action level criteria.2_/

2.1.8(a) Dest-accident sampling Design review complete A Preparation of revised precedures A

- Implement plant modifications B Description of preposed mcdification -

A 2.1.8(b) High range radioactivity nonitors . B

, 2.1.8(c) Irproved in-plant iodine instrur.entation A

3. Establish Energency Oper.ations Center for Federal, State and Lccal Officials ,

(a) Designate location and alternate location and A provide cecmunications to plant (b) Upgrade Ecergency Operatic c Cen,ter in B conjunction with in-plan technical support center 1/

~~ Category A: !aolacentation prior to O'. er by Januar y 1,1930 (see NL?.EG-0578).

Categcry Al: Inple en:ation ;rior to GL cr by mid-1920.

Categcry 3: =plementation by January 1,192'..

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The i=cle entation of the Lessons Learned task force recc.mer.dation item 2.1.3(5:

instrumentation for detection of inadecuate core cool ing, will al so be factored into the action level criteria.

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-2 Impl e=entation Item Category

4. Improve offsite monitoring capability A

5. Assure adequacy of State / local plans (a) Against current criteria ,

A (b) Against upgraded criteria B

6. Conduct test exercises (Federal, State, local, .

li:ensee)

(a) Test of licensees emergency plan Al

('J) Test of State emergency plans Al

{c) Joint test exercise of emergency plans (Federal, State, local, i fconsee)

New OL's .

B All operating plants ,

Within 5 years

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