ML19338G473
| ML19338G473 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 10/22/1980 |
| From: | Jeffrey Reed AFFILIATION NOT ASSIGNED |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8010290405 | |
| Download: ML19338G473 (37) | |
Text
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.- I UNITED STATES OF AbhRICA DOCgETED NUCLEAR Rt.GULATCRY COMMISSIC4 geMRC -
p} __ OCT 27195)> r { osaerassantur 8 BEFORE THE ATOMIC SAFETY AND LICiNSING BOARD N In the Matter of ) ! UNION ELECTRIC COFPANY ) Docket Nos. STN 50-483
) STN 50-486 (Callaway Plant, Units 1 and 2) )
APENDED PETITION FOR LEAVE TO INTERVENE AND REQUEST FOR A HEARING l
~~ Under the provisions of 10 CFR - 2.714(a)(3), the undersigned amends his petition for leave to intervene in the proceedings called under the docket numbers indicated above and requests a hearing in this matter.
Petitioner is a citizen of the United States of America, a resident of Callaway County, Missouri, a prope.ty owner in said county, and the parent of school-aged children. Th family residence, other owned property, and the high school (where one child attends school) are located sixteen miles (more or less) from the Callaway Plant in Plume Exposure Pathway "R"; the elementary school (where the other child attends school) is about nineteen miles from said plant in Plume Exposure Pathway "Q". Health and safety of petitioner's family (identified hereafter as public health and safety) 'and the value of all property owned by the undersigned can be adversly affected by a Class 9 radiological accident (see NUREG 0396/ EPA 520/1-78-016 and 44 FR 6H23) at the Callaway Plant. While petitioner's residence is .
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l 1 technically outsido a 10 mile radius of the plant,; the actual chape of this EPZ depends upon the characteristics of a particular cite (NUREG l 0654 FEMA-REP-1, Section I, D, 2) and it is possible that the residence I and other property will be located inside the actual fallout pattern established by the deposition of particulate matter in a radiocative plume emanating from the plant. Residence is wC hin the Ingestion EPZ. Petitioner interest is limited to radiation safety matters inside the low population zone (LPZ) and in the emergency planning zones (EPZ). Interest is directed to the emrgency planning requirements established in UUREG 0654 FEl%-REP-1; 10 Cnt, Part 50; Appendix E to Part 50; and data in Part 100. 10 CFR, Part 50 - PROPOSED RULE MidING - 43 FR 37473; APPENDIX E - EERGECY PLANS FOR PRODUCTIGI ANb UTILIZATICN FACILITIES, Supplementary Information, Section 4, Procedures, paragraph 3, is accepted as authority to refer to pending revisions, amendments and new rules in the Federal Register, r Specifically, interest is directed to the' general information required by 10 CFR, Part 100, Sections 100 3 and 100.11; 10 CFR, Part 50, Sections 50 33, 50.47 and Appendix E, thereto. Included are the revisions, 'amendients and new rules identified as " interim guidance" in 43 FR 37473 cited above. Also, the practical aspects of in:plementing procedures necessary to transform " emergency plans" into effective
-3 radiological protection of public health cnd safety as contained in the provisions of NUREG 0654 FEW-REP-1 and 10 CFR, Part 50 and Appendix E, thereto. Petitioner seeks reasonable assurances that the activities to be authorized by the operating license can be conducted without endangering the health and safety of the public, and that such activities will be conducted in compliance with pertinent rules and regulations of the NRC.
Interest of the petitioner can be affected by these proceedings in i that issuance of the operating license constitutes the removal of the last legal control on the utility, permitting "on-line" operation of the facility licensed. The next control action available to NRC is dependent upon failure of the utility to comply with establiched i NRC rules (21 FR 355 and 44 FR 75167). Such failure to comply may be the result of utility actions or inactions which initiate a serious nuclear accident. Not to address the practical aspects of providing for the radiological health and safety of the public impacted by the operation of the Callaway Plant and solving such problems as may arise in the discussion thereof can result in an unnecessary hazard to said public health and safety and cause needless damage to property in the event of a Class 9 accident (NUREG 0396, Appendix I, D, 2). Petitioner should be permitted to intervene for the following reasons:
- 1. Petitioner is authorized to appear under provisions of 10 CFR, Section 2.713 (a):
" Representation. A person may appear in an adjudication on his or her own behalf - - ."
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-4
- 2. Possibic (probable) injury to petitioner's family (public health and safety) and possible (probable) damage to property owned by petitioner should satisfy " injury in fact test" and should be
" arguably within the zone of interest" protected by the statute (Sierra Club v. Morton, 405 US 727 (1972); Warth v. Soldin, 422 US 490 (1975).
- 3. This is the proper time in the licensing process for discussion of plant operating safety matters (45 FR 10492) and emergency planning
(!3 FR 37473):
"- - the emergency plans will be reviewed at the operating license stage in accordance with interim guidance - ."
l 4. Section 189a of the Act provides that upon 30 days notice I published in the Federal Register, the Commission may issue an operating license or amendment to an operating licenso - - without a public hearing if no hearing is requeeted by any interested person. The request by petitioner, contentions and supporting documentation provide a basis for a hearing.
- 5. Contentions of petitioner provide a basis for exercise of the Commission's ability to implement policy statermnts contained in 43 FR 28058, 6/28/78 and 43 FR 49082,10/20/78 quoted in part, below:
43 FR 28058 "As a general matter, the Commission and staff try to involve concerned citizens in any Commission activity in which they have expressed an interest. - - ." 43 FR 49082 " Recommendation 6 - - It is the intent of the Commission to provide increased opportunity for the public to observe and participate in the licensing process - - ."
- 6. Interest of petitioner can be best served by pro se intervention because of first hand knowledge of local governmental capabilities as
-5 regards radiological response in support of the Callaway Plant, and personal knowledge of any and all coordinating efforts between the applicant, the State government and local governments and agencies.
Such information available to the ASLB through testimony and examination of witnessen by petitioner. l Contentions of petitioner and discussions are specified below. All l substantiating dccumentation is contained in attachments as indicated. '
, Contention 1 Applicant has not made sufficient arrangements with local governments, nor local agencies and organizations to cert the requirements of 10 CFR Part 50, Section 50.47(b). Issuance of an operating license is prohibited by 10 CFR, Part 50, Section 50.47(c)(1).
Discussion The Callaway Plant impacts eight governnental jurisdictions with respect to the 10 mile EPZ. To this date, neither aid nor funding has been provided by Union Electric Company for the development and impletentation of adequate emergency response plans; these governmental entitica do not have sufficient funds to support planning and recessary administrative or operational requirements to meet NRC requirements. Therefore; no authorized local planning has been initiated (see Attachments la thru lh and 2a thru 2h). Operation of the plant without adequate loen1 plans and response capability will result in danger to public health and safety (45 FR 55402, pub. 8/19/do, eff.11/3/s0 Rationale for the Final Rules, paragraph 3).
-6 l
Contention 2 As of 02 June 1980, no funding for planning purposes or acquisition of equipment and other related materials required in NUREG 0654 FEMA
-REP-1 have been roccived by the State of Missouri and Stato " Interim Nuclear Accident Plan" will not be completed until August 1981 (see Attachment J). (Letter obtained from LPDR, Fulton, EO.) Applicant cannot meet the requirements of 10 CFR, Part 50, Section 50.33(g).
Discussion Baced upon the details in paragraph 2, lines 4, 5 and 6 of referenced letter, applicant is unable to present plans for state 'ove rnr.cnt with current application. Also, baced upon affidavits frt a Presiding Judges and Mayors of irpacted jurisdictions; applicant cannot submit local governn.cnts' plans as required in 10 CFR, Part 50, Section 50.33
~
( g) . Witnout cuch plans, HRC cannot evaluate provisions for protecting public health and safety in the LPZ or either EPZ. Operations of the plant is prohibited by 10 CFR, Part 50, Section 50.47(c)(1). Contentien 3 Applicant's SNUPPS - FSAR, Volume 5, Appendix 13 3A (13 3A.5.4) and Missouri State Emerguacy Operations Plan, Part 3, Section B, " Nuclear Emergency Ansictance Plan", prepared by the Department of Public Safety, DP00, dated 23 May 1979, do not adequately provide for the protection of public health and safety in the event of a radiological emergency at the Callaway Plant. See 45 FR 55402, pub. 8/19/80; cff. 11/3/80, quoted in part below:
- - . No new operating license will be granted unless the NRC can make a favorible finding that ,the integration of onsite and offsite emergency planning providQ3 reasonable ascurance that k
a
-7 adequate protective measures can and will be taken in the event of a radiological emergency. - - - - - - - ."
Discussion Applicant's SNUPPS - FSAR, Volume 5, Appendix 13.3A (13 3A.5 4) puts lead responsibility for radiological defense of the public health and safety on the Departn.cnt of Public Safety, Disaster Planning and Operations Office: SNUPPS - FSAR (13 3A.5 4.1)
" The Governor of the State of Missouri has delegated the authority for protecting the health and safety of the general public in the event of a radiological emergency to the Department of Public Safety, Disaster Planning and Operations Office (DPOO). Iais office has prepared a draft State of Missouri Radiological Emergency Response Plan. - - - d. To provide for coordination among State, local and Federal agencies
- - . Assistance available to Union Electric Company from DP00 in the event of an accident would include, but not necessarily be limited to:
- a. Notification and alert of agencies and the general populace.
- b. Off-site monitoring, evaluation, and reporting.
- c. Respense decision by the Governor.
- d. Traffic control and evacuation of affected areas.
- e. Medical surveillance of personnel to determine exposure desage, fc' Establishment of Radiation Protective Act10n Guides, g, Emergency welfare services,
- h. Supnort by the Missouri National Guard.
- i. Monitoring of agriculture contamination.
- j. Supervision of off-site re-entry survey and decon-tamination efforts.
- k. Centrol of public information releases.
Various agencies and organizations within the fran.ework of the government of the State of Missouri .rovide expertise - - . Unicn Electric's primary responsibility is to notify the DP00 in the event of an Emergency Alert, Unit, Site or General Emergency. - - - ." At no point in the DP00 Nuclear Emergency Assistance Plan does DP00. accept " lead responsibility" to perform the functions listed in SNUPPS FSAR, above, but abrogates those duties and acts as a technical
-8 advisory council to local government:
NUCLEAR EFiRGB'CY ASSISTANCE PLAN Section I - Basic Plan
" I. MISSTgl This document describes the procedures to be followed when the Missouri Nuclear Emergency Team (McNET) is requested by local authority - - . The primary objective of MoNET shall be to provide immediate technical assistance to local authorities at the scene of a radiological emergency - - .
II SITUATION AND AS3Ul?TIONS A radiolor. cal incident is an occurance which results in the loss of control of radioactive matericle - - . An incident may occur at a hospitol - - or a nuclear power plant - - . In the event such an incident occurs, it is expected that local authorities - - - would be capable of taking the action described in Section IV Emergency Procedures For Local Authorities. - - - Qualified technical experts are expected to give assistance and advice to local authorities. - - Aseistance provided shall not in any way usurp or circumvent Federal or local authority - - ." All practical responsibility for public health and safety is deposited at the local level of governnent which is not included in the utility's FSAR. This repudiation of " lead reepensibility" by DPCO and the failure of the Ltility to include local governments into its FSAR in a meaningful role presents a situation devoid of practichi emergency response needed to protect the public health and safety and prevent damage to pre erty (live stock and crops). Applicant's FSAR does not meet the criteria of 44 FR 75167,12/19/79,10 CFR, Part 50, Appendix E, III - The Final Safety Analysis Report:
" The Final Safety Analysis Report shall contain the emergency plans plans - . - - The plans shall incorporate information about the emergency response roles of supporting organizations and off-site agencies. That information shall be sufficient to provide assur;nce of coordination among the supporting groups and between them and the licensee. - - ."
Informaticn to provide response roles and assurance of coordination is absent from the FSAR (see Attachment 4). This haphazard approach to planning is the result of failure of Union Electric Company, and the
..n.
-9 State of Missouri to initially inc]ude local gcVernnents in the planning process. A hearing by the ASLB would assist in clarifying the facts as presen #4 and clininate petitioner's and public concern in this natter.
Contention 4 Funding of local government to meet radiological safety response capability has not been adequately addressed by NRC, FEMA, or other Federal Agency. Failure to resolve the problem of funding for emergency planning and response capability at the local level of government will result in o placing of responsibility for supporting commercial nuclear power plante uper governmental jurisdictions which do not have the financial ability to meet established URC criteria for the protectioa of public health and safety. This is a contradiction of Commission policy and intent (PS-31, 44 FR 61123,10/23/79). To defer action on this matter until after the Callaway Plant is in operation can adversly affect the health and safety of the public as regards any radiological incident due to operati on of this facility. , Discussion The study done by Dr. Stephen N. Salomon, Office of State Programs, US NRC; NUREG 0553, Beyond Defense-In-Depth, October 1979, clearly identifies the urgency of and need to resolve the question of funding at the local level. See NUREG 0553, Chapter 7, exerpts quoted:
" Local goveranents are recognized by the States as having the first line of official public responsibility to prepare for and respond to most emergencies. - - - a discussion of funding at the local level is essential. - - - There are basically three central iesnes:
- 1C -
The assurance of adequate funds at the local - - jurisdiction that is hosting the nuclear power station - - . The assurance of adequate funds to local - - jurisdictions neighboring the host juricdiction - - . The assurance of continuity over time of adequate funds
- - - of all impacted jurisdictions. - - ."
While Dr. Salomon's PP2FERRED APPROACH (Part III. A, N'JRhG 0553) provides a satisfactory bas'- "'r assuring the financial capability 1 of local governments to meet the NRC planning guidelines, the subject was not addressed in NUREG 0654 FE}%-REP-1, except on page number 21
- as follows:
" C. FUNDING AND TECHNICAL ASSISTANCE While funding and technical assistance are not addressed in this doeur.cnt, it is a subject which must be discussed in any large effort to culckly improve planning and resources. - - - FEl% and NRC expect tfiat the nuclear facility operator will have an interest in providing certain manpower and capital expenditures needed by the State and local governments to meet the criteria in this document."
A reasonable man must conclude that the " key-stone" to the solution of the problems surrounding adequate radiation protection for the public in the LPZ and Emergency Planning Zones is adequate funding at the local level of government for planning, administration, training, tactical operations, equipment and maintenance for the LO years anticipated life of the Callaw Ly Plant (ULNBC 326,19 October 1979, an amendment to Union Electric Company's application of 30 April 1974). Since utility opcration of a nuclear power plant is the basis for the l need for such safeguards; it must follow that it is their responsibility j to fund the entire administrative and operational phases of the safety program. Such contention was supported by FEPA in their Renort to the President (June 1980), State Radiological Emergency Planning and
Preparedness in Support of Commercial Nuclear Power Plants and in t!UREG 0553 The inability of local governments to meet NRC cmergency response criteria is authority to prohibit reactor operation. (see 45 FR 55402, exerpt quoted below:
" The Commission recognizes there is a possibility that the operation of some reactors may be affected by this rule through inaction of State and local governments or an inability to comply with these rules. The Commission beleives that the potential restriction of plant operation by State and local officials is not significantly different in kind or effect from the means already available under existing law to prohibit reactor operation, - ."
End of Contentions and Discussion The foregoing information, stipulations, contentions and conclusions are submitted for consideration to the Atomic Safety and Licensing Board. Petitioner respectfully requests that the ASLB grant him leave to intervene as a matter of right; such intervention should not unduly delay the conduct of these proceedings and will be conducive to the ends of justice; or IN 1EE ALTERNATIVE permit the undersigned intervention as a matter of discretion (CLI-76-27; or ALAB-292, 2 NRC 631, 655 (1975); or 441 F.2d 962, 976-77 (1969); or IN THE ALTERNATIVE permit the u. dersigned to participate in this matter under the provisions of 10 CFR, Part 2, Section 2.715 (c). Petitioner is the Director of the Callaway County Emergency Management Agency, a leEally constituted agency of the government of Callaway Coanty, Missouri (see Attachment 5).
- 12 Rea.cetfully submitted, A- '
Dated at Kingdom City, JOHN G. REED Piscouri this 2.2."k Citizen of the United States dry at OeMw of America 1980. RFD dl Kingdom City, MO. 65262
(,.ttach::iint 1-a) U:!IT1.!) STiiib i n:'hhICn tiUC1.hnit I1GUlan. ; ; C0!7'l!'31Ch' fihFORh 'Jiii, AT0!' JC SAFETY A::D LICFJlSII;G BDahD In the Patter of )
)
UI;IO!! ELECTP,1C CO: PANI ) Docket : sos. 3'O 50-483
) S'I?: 50-486 (Cal]away Plant, Units 1 and 2) )
AFFIDAVIT The undersigned, being duly sworn, says that the County /EXINXof s Callnway , 133::ouri is located within a radius of ten r.iles fro:u the Callaway Plant ownca by Union Electric Company nnd that no funding or assistance has been received from this private utility for planning purpoces or acquisition of equipment and other related rr.aterials required to satisfy the requirements of !;UI LG C65L/ FEl%-REP-1.
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And further affiant saith not. ,6 PAUL PURPHY Presiding Judge / IX$XXX m
. Sw rry to before r,c/yiT/ rjjbsgribed in my presence this
/ _ day of{ M/qf'u v, 1980.
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)
U!!IO:; ELECTi!1C CO 'PnNY ) Docket : ns. Sil; 50-l.83
) S'iti 50-486 (Callaway Plant, Unita 1 and 2) )
AFFIDAVIT
'I'ne undersigned, being duly sworn, says that the Qu/,;ity of e
pin ,nn , Missouri is located within a radius of ten
. miles frem the Callaway Plant owned by Union Electric Cocpany and 2
that no funding or assistance has been received fro.m this ;)rivate utility for planning purposes or acquisition of equipment and other related materials required to satisfy the requirecents of NUi1G 0654/ FEl%-REP-1. ~ s ' f; \ / And further affiant saith not. ' i
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( O1 Q . .' '( J \' A.0 A -( - _ E 2r,i i. re;' RETCH w / Mnyor l Sworn to before cc and subscribed in rcr presence this i 9 zt day of rf.*.i' , 1980. l i
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(SEAL) 6 v. < ,. A / .r f .
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(Attachment.1-c) < U: lit 3.D STATE:, i' . I'}.h 1C,, MUCLhAR h:liULN!c:U COB:1331L::
!!hFORE 'DiF, AT0!!IC SAFETY aND LICENSI?:G ihhi>
In the Patter of )
)
UNION M,hCTRIC CU:.P,JJ ) Docket Nos. S'Ifi 50-!,83
) S'i?J 50-1.86 (Callaway Plant, Units 1 and 2) ) '
AFFIDAVIT ~ The undersigned, being duly sworn, says that the County /h::p of
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l'ontgomery , Kiscouri is located within a radius of ten miles from the Callaway Plant owned by Unicn Electric Company and that no funding or accistance has been received from this private utility for plar.ning purposes or acquisit, ion of equipment and ot.her related materials required to satisfy the requirements of NUILG 0654/ FEl%-REP-1. And further affiar.t saith not. f3 of' Dsn'U4h 'gn.,<a'
-FitF.D =LUNKir r
- ihrsue Presiding Judge / %.
Sworn to before me and ti:bscribed in my presence this 20' day of c0 r /e-hu , 1960.~ s i O (SEAL) ,dJ' ./l Auf . OeM 40 Signature of N'tary/ County Clerk
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(Attachncnt 1-d) U :1ThD STAlt: i. n:9,I:ICA
!iUCLEAR iiEGULATO:1? Ce 0:1.93ICR w
!!h? ORE TiiF ATOIUC SAFETY ::.ND LichNSIt:G EOahD In the 1htter of )
)
U?!ICli ELECTitIC Col?ANY ) Docket Nos. ST!! 50-!.83
) STii 50-486 (Callt.way Plant, Unita 1 and 2) )
AFFIDAVIT Tne undersigned, being duly sworn, says that the County % of Osage , Eiscouri is located within a radius of ten miles from the Callaway Plant mned by Union Electric Corrpany and that no funding or assistance has been received from. this private utility for planning purposes or acquisition of equipn.ent and other relsted rr.aterials required to satisfy the requiretents of NUFEG 0654/ FE!%-TEP-1. And further affiant saith not. ,
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, f < q,u 4 e r ne r['TO:3Y'REllAGi!!
Presiding Judge / - _ Sworn to before me and >upscribed in y presence this
,J/#U day of M .sj , 1980.
(SEAL) e ga/D- o.g Sig ture of Tiotarg/Gour ifrk w AG ,e
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(At, tac bent 1-c) U:!IlhD STATES t - !ShlCn NUCLE /d! REGULxTC:ii CCD:ITSIO: EEFORE Tlih AT0!:IC SAFhTY AND LIChNSl?:G B0idtD In the Matter of )
)
UNICf! ELECTPIC COI?ANY ) Docket Nos. STN 50-493
) SW 50-486 (Callaway Plant, Units 1 and 2) )
AFFIDAVIT The undersigned, being duly sworn, says that the %/ City of Ch nmM n , F.iscouri is located within a radius of ten miles from the Callaway Plant owned by Union Electric Co:r.pany and that no funding or assistance has been received from this private utility for planning purposes or acquisition of equipment and other related materials required to satisfy the requirer.cnts of NU:~LG 0654/ FE!'.A-REP-1. {} VI 'j And further affiant saith not. ru]mc[] 'U; HGdARD STFFFE3 / L '
- W / Mayor Sworn to before me and -ubycribed in my presence this 2 /af ~. day of /f e Ai >140 , 1980.
f b .4 (SEnL) !Mf(,lNf b tt(1Phig7F (. ' i ist::ty C1erk v Si .nat.urp' of *Nythry/)Cdy f[ I
, (Attachnent 1-f) i U:!J'i hD STA':h. , ' . 6 4. I C,,
!!UCliidt ilhGUIATUid C0! Ell:31G fihFOPS "SS ATui:IC SAFhTY id:D LICENSR'G Baahl)
In the I?.tter of )
)
UNIGN C,CTi!IC COMPANY ) Docket Nos. SIN 50-483
) SW 50-L86 (Callaway Plant, Unita 1 and 2) )
AFFIDAVIT The undersigned, being duly sworn, says that the County / % of
! Gasconade , I?issouri in locat cd within a radius of ten miles from the Callaway Plant owned by Union Electric Cortpary and that no funding or assistance has been received from this private utility for planning purposen or acquisition of equipna.nt and other related rr.aterials required to satisfy the requirerent,s of MUI EG 0654/
FEP.A-pip-1. , And further affiant saith not. y Y~/ Hit bl. ' ci$Martw PAROI D IrfrTim!'/ Presiding Judge / ~ Sworn g before tr.e and subscribed .in gr presence this _ Ab - day of M M , 1980.' (SEAL) h Signature of ?%/ County Clerk
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( Attach; tent 1-g) U:ll'i LD STh'Ih:3 r . n!'hF.lCn "UCliidt RhCUlasTU : COD'l ."S ICN EhFGPS 1EE ATO!!IC SAFETY id:D LIC113IEG BolihD In the Matter of )
)
UNICN ELEC1EIC CCIh NY ) Docket Nos. S1N 50-1.83
) STN 50-486 (Callaway Plant, Units 1 and 2) )
AFFIDAVIT Tne undersigned, being duly sworn, says that the M j/ City of l'orri son , Missouri is located within a radius of ten miles from the Callaway Plant owned by Unicn Electric Company and that no funding or assistance has been received frot this private utility for planning purposes or acquisition of equipmcnt and other related materials required to satisfy the requirements of MUELG 0654/ Fil'A-F1P-1. And further affiant saith not. Y Rnn RTnv X sDu o? JE , x / Mayo:M Sworn to before me and *ubscribed in my presence this
.3/ day of Ot 3 M_ _ L , 1980.
i s x - i , _, - (CEl.L) __/ o- ct. _ > (, O h JL 4 [C-[~~ _ Signature of Notary /Gounty Clerk i[ [ - , (T i 4 y - .- ;- + (, "v', g .. ~
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(Attachment 1-h) UNITED STATES 0:< A!' MICA
!iUCLhAlt P1GULaTCitY CO!7.1SSION EhEGRE TiiE ATOMIC SAFETY AND LICENSING BOAhD In the Patter of )
)
UNION ELECTRIC CCEPANY ) Docket Nos. STil 50-483 1
) Sm 50-486 (Callaway Plant, Units 1 and 2) )
l-AFFIDAVIT ~" The undersigned, being duly sworn, says that the w w/ City of Mokane ,, Missouri is located within a radius of ten . miles from the Callaway Plant owned by Union Electric Company and that no funding or assistance has been received from thic private i utility for planning purposes or acquisition of equipment and other related materials required to satisfy the requirements of NUliG 0654/ FE!'.A-PIP-1. And further affiant saith not, f , CLARDJCE LAUGHLIN __ m
. / Mayor Sworn to before me ard g sub g ibed in my presence this eR 1 _ dar of (r) c-r . , 1980.
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. I UNIThD STATLS ( F n!'hRICA fiUCLEAR REGULATURY col'. MISSION BEFCliE Tl!E ATOMIC SAFETY AfJD LICENSING BOARD In the Matter of )
)
UNION ELECTRIC COMPANY ) Docket Nos. S'lii 50-4C3
) SIN 50-486 (Callaway Plant, Units 1 and 2) )
AFFIDAVIT The undersigned, being duly sworn, says that the County 6 of Callaway , Missouri is located within a radius of ten
. miles from the Callaway Plant owned by Union Electric Company and that emer6ency planning required by IJUEEG 0654/Fblk-REP-1 by this local governn.cnt has not begun, ner has authority to corar.cnce such planning been delegated to any agency of State government.
And further affiant saith not. Q M PAUL !11RPHY Presiding Judge / Sworn to before rr.c and et ocribed in my presence this day of M e3 2 , 1980. i
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i (Attacim.cnt 2-b) U:;ITED Sles'1ES UF es:'s,li!CA i NUCLEAli F1GULATORY C0!'.MISSIO:: DEFCRE Tl!E ATO 'IC SAFETY AND LICE? SI;;G HOARD In the Mattec of )
)
UNION ELECTRIC CO:.A!;Y ) Docket !!os. STf; 50-l.83
) S'hi 50-486 (Callaway P1mit, Units 1 and 2) )
AFFIDAVIT Tne undersigned, being duly cworn, says that the jiggq(y/ City of , Fult c'n , ;liscouri is located within a radius of ten miles from the Callaway Plant owned by Union Electrle Co:r.pany and that emergency planning required by NUF1G 0654/FsFn-HEP-1 by this local government has not begun, nor has authority to cor.:ence such planning been delegated to any agency of State goverr. ment. i And further affiant saith not, s.Qhhi s., C 'x'! k d k<w.A 94 - t -- dET"0E L _ 02O!EIC!! I2CCCiDiffli)3k? / Payor Sworn to before rc.c r'd subscribed in my presence this
/R day of [t , 1980.
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, P.ipditure of' I?otary/Ceunty Clerk 1, a f, e
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(attachment 2-c) UNITED STATES OF AERICA NUCLEAR REGULATORY CODIISSIGil
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.4 BEFORE TiiE AT0l'IC SAFETY Af:D LICEI; SING DonRD In the Matter of )
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UNION ELECTRIC C0!'PA!!Y ) Docket Nos. STN 50-483
) STN 50-486 (Callaway Plant, Units 1 and 2) )
AFFIDAVIT The undersigned, being duly sworn, says that he/ain is the Presiding Judge /Egypr of the County /CEy of Montgom rv , Missouri and that said governmental jurisdiction is located within a radius of ten (10) r:iles from the Callaway Plant. Further, that said government lacks sufficient revenue base to support, an added burden of planning and operations necessary to meet NRC criteria established in NUREG 0654 FEMA-REP-1 and 10 CFR, Part. 50 and Appendix "E", theret.o. Emergency planning has not begun at this level of govern =cnt, nor has aut.hority been delegated to any agency of State government to act in our behalf ( in this matter. l l And further affiant, saith not. gg; y,jy 7 Ujnt2sj if .kJ a <.cd FRED:LUEKkY W-:mro Presiding Judge / nh Sworn to before n.c and subscribed in ry presence this J o 7f- day of /C c [--4h ,1980/ 3 ',- .
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(Attachment 2-d) UNITED STnTES ei- MERICA 1 UCUak RFTUUsTORY C0FMISSICH
,, q BEFORE THE ATGICC SAFICY A!;D LICENSII;G B0nRD In the Matter of )
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UllION ELECTRIC CO:PldlY ) Docket I!os. STI' 50-483
) STN 50-486 (Callaway Plant, Units 1 and 2) ) . ' 4; AFFIDAVIT l The undersigned, being duly sworn, says that he/she is the Presiding s.
Judge /KTvrm of the County / Gift of Osane , Missouri and that said governmental jurisdiction is located within a radius of ten (10) miles from the Callaway Plant. Further, that said t;overnment lacks sufficient revenue base to support an added burden of planning and operations necessary to meet PRC criteria established in NUREG 0654 FEMi-REP-1 and 10 CFR, Part 50 cnd Appendix "E", thereto. Emergency planning has not begun at this level of government, nor has authority been delegated to any agency of state government to act in our behalf in this matter. And further affiant saith not. n ~~a r n"J ' ONY'REHAGEN l Presiding Judge / EEyIIr Sworn to before me and subscribed in r/ presence this __ $O ay af Sl'h(.s1980/
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(Attachment 2-e) i UNITED STATES L+' A!' ERICA ya NUCLEAR REGULATORY CODilSSION l
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jY/d .BEFORE THE AT01EC SAFATY AND LICENSING DoaRD , .m
#bk In'the Matter of- )
! ) ' UNION ELEtTRIC PC.TPANY ) Docket Nos. STN 50-483 L I t'" )' Snl 50-486 + (Callaway Plant, Units 1 and 2) )
, - m AFFIDAVIT i f s
- The undersigned, being duly sworn, says that he/she is the l'---- = g
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dk2p/Payor of the ^%/ City of C hamois , Missouri and that
, said governmental jurisdiction is located within a radius of ten (10)
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miles from the Callaway Plant. Further, that said government lacks !'i_ i sufficient revenue base to support an added burden of planning and 1; operations necessary to meet NRC criteria established in NUREG 0654 1 FEMA-REP-1 and 10 CFR, Part 50 and Appendix "E", thereto. Emerdency i
,, . planning has not begun at this level of government, nor has authority i been delegated to any agency of State government to act in our behalf in this matter.
l And'further affiant saith not. O j 'D / 4"~[d/EB
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,_J. . F =1u= J= = / Mayor ' '
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, Sworn'to before .pe and subscribed in ray presence this se C h f day of A?h/A [/o ,1980/
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,. UNITED STnTES LY AP3RICA NUCLEAR REGULATORY C0FJilSSION 4
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13.:: BEFORE THE ATOMIC SAFETY /d:D LICENSING DGARD In the Matter of )
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UNION ELECTRIC COMPANY ) Docket Nos. STN 50 ' ';
) STN 50 .m6 (Callaway Plant, Unita 1 and 2) )
AFFIDAVIT I r
, The undersigned, being duly sworn, says that he/she is the Presiding Judge /Mssaar of the County /G1$y of cayennnae , lussouri and that said governmental jurisdiction is located within a radius of ten (10) t miles from the Callaway Plant. Further, that said government lacks sufficient revenue base to support an added burden of planning and operations necessary to meet NRC criteria established in NUREG 0654 a- FE.% REP-1 and 10 CFR, Part 50 and Appendix "E", thereto. Emergency planning has not begun at this level of govern:r.cnt, nur has authority been delegated to any agency of Stato government to act in our behalf in this matter.
- And further affiant saith not. -
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,. Presiding Judge /h Sworn to before me and subscribed in try presence thia
,.-a Md - ' day of b 1 M , 1980/ _ s
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( At.tachr.cnt . -g) l UNITED STATES C. A!:r.RIGA
!!UCLEAR RNiULATCF.Y COFallSSIOil REFORE TiiS ATOMId SAFhTY A :D LIChh'SII;G B0allD In the P.atter of )
)
UNION ELECTRIC COMPANY ) Docket Nos. STN 50-483
) S"JJ 50-486 (Callaway Plant, Units 1 and 2) )
AFFIDAVIT The undersigned, being duly sworn, says that he/she is the P -,e "..,
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A W /Maror of t'ae Gu+y/ City of yn ,.,.u nn _
, Missouri and that said governmental jurisdiction is located within a radius of ten (10) miles from the Callaway Plant. Further, that said government lacks sufficient revenue base to support an added burden of planning and operations necessary to meet NRC criteria established in NUREG 0654 FEMA-REP-1 and 10 CFR, Part 50 and Appendix "E", thereto. Emergency planning has nat begun at this lwel of government, nor has authority been delegated to any agency of State governtxnt. to act in our behalf in this matter.
And further affiant saith not. RAV RTRY A!'fl]n-
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Le rQ B e m k i;u g 4 # l Vayor f Sworn to before r.c and subscribed in nur presence this 2_ / dayofbc1>db,' ,1930/
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( Attachtent 2-h) UNITED STATES Ci' A! ERICA NUCLEAR REGULATORY C0!G11SSION 4 BEFORE THE ATOICC SAFETY A!!D LICENSING B0aRD In the Matter of .)
)
UNION ELECTRIC COM'ANY ) Docket Nos. STN 50-483
) SUJ 50-486 (Callaway Plant, Units 1 and 2) )
g Q AFFIDAVIT " The undersigned, being duly sworn, says that he/she is the A h e 39/ Mayor of the e- 9 / City of Mokane , Missouri and that said governmental jurisdiction is located within a radius of ten (10) j! miles from the Callaway Plant. Further, that said government lacks
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sufficient revenue base to support an added burden of planning and operationo necessary to meet NRC criteria established in NUREG 0654 FEMA-REP-1 and 10 CFR, Part 50 and Appendix "E", thereto. Emergency planning has not begun at this level of government, nor has authority been delegated to any agency of State governraent to act in our behalf in this matter. And further affiant saith not. g CLARENCE LAUGd' L,IN 2*===*= vin *m / Payor Sworn to before me and subscribed in ry presence this M ;t$ 1 d r of , ,1930/ 4 (SEAL)- . . M
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Page 1 of 2 pages y w .s
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Joacph P. Teasdale U,$, f L!y,i j Adsutant 6*n+r41 of W ouri Corerflor* E- ) thneson of Hghway Safety I Y Q) )*8?/ . gg4 thvigion of taqunr Cetrol y, M Wilson Ihmum of Water Safety Director STATl; OF MISSOUlt! m oun coanut aa cumia u='tice Itobert E. Itucchler DEPARTMENT OF PUBLIC SAFETY State Fire Marshal The Adjutant General OFFICE OF TiiE ADJUTANT GENEliA1, DISASTEli PLANNING & GPEliATIONS George M. Atch son, Director 1717 Induatrial - P. O, llox 116 Jefferson City. Minuouri 65102 June 2, 1980 Mr. Francis X. Tobin Regional Director Federal Emergency !!anagement Agency Region VII 911 Walnut Street, Room 4 3 l Kansas City, Missouri 64106 I l
Dear Mr. Tobin:
Following is our reply to liarold Pickering's memo dated May 22, 1980, subject: Radiological Emergency Preparedness Plans. Regarding questions la & b, Missouri does not now have within its borders an operating cormnercial power reactor nor will we have within the 12/31/81 date. The first power plant is scheduled to go on line in October 1982. Ilowever, our of fice timetable for radiological emergency preparedness is to have an Interim !;uclear Accident Plan ccmpleted by August 1981. Regarding questions Ic & d, there is a commercial power reactor in a contiguous state; Cooper Nucicar Station at Brownville, Nebraska. Again, our office timetabic calls for Missouri's INAP, with the appropriate county plan, to be completed by August 1981. Regarding question 2, which addresses costs of developing and maintaining state and local plans, including exercises, we estimate the following: State Plan (includes 45 man-days state staf f for local Cooper plan); Development 273 man-days 0 $100 $27,500 Maintenance 105 man-days 0 $100 $10,500 Local Plan (Cooper); Development 30 man-days 0 S75 $ 2,250 Maintenance 50 man-days 0 $75 S 3,750 Ax50
(Attachr..ent 3) Page 2 of 2 pages Mr. Francis X. Tobin June 2, 1980 { Page'2 l I
, Local Plan (Callaway);
3 Development:
! State Staff 150 man-days 0 $100 $15,000 Local 200 man-days @ S 75 $15,000 Maintenance:
State Staff 90 man-days @ $100 $ 9,000 Local 75 man-days @ $ 75 $ 5,625 TOTAL $88,625 t ' -' These figures are conservative in that they primarily reflect salaries l of persons involved and only partial per diem expenses during exercises. T;tal costs, which we are unable to estimate at this time, should include actual food, lodging and travel expenses of all persons involved in an exercise; secretarial costs; printing and xeroxing expense; telephone
; calls, etc., for each agency involved. This could easily add to the above total approximately $100,000 for initial purchases, and $5,000 to $10,000 for annual maintenance and exercises.
Regarding question 3, neither state nor local governments have received any funding f rom private utilities for planning purposes or acquisition of equipment and other related materials required to satisfy the requirements as set out in NUREG 0654 /FDIA-REP-1. Sin <.e r e l y , s W f// w tkw-George M. Atchison Director GMA:nd Ax51 Qfi7 i.EniELMssdJMJEMiJ?4 ;*J
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( l6 1 i?O U:!ITLD STATiS M AMi.P.1 CA l' NU.r NUCLEAll REGu1EICid COMMISSION en , q ?; ~ ~ q Q. .
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. .u q 4 ) U LION ELEC*1RIC C0FPANY ) Docket nos STN 50-493 j [bMk[ ll' } STN 50-l.86 (Callaway Plant, Units 1 and 2) p:J7 ) 1
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AFFIDAVIT t yw , 3 , The undersigned, being duly sworn, says that having read the provisions , 'mf ; j, of Union Electric Company Standardized Nuclear Unit Power Plant System i- (SNUPPS) Final Safety Analysis Report (FSAR), Volume 5, Appendix 13.3A. v: . p- . Specific attention being directed to "Coonlination with Participating h i
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(- Governmental Agencies (13 3A.5.4); he found that responsibility for all operational assistance and authority for local public safeguards for "off-
. [' site" locations was vested ic the Missouri Department of "ublic Safety; Disaster Planning and Operations Office (DP00). The only local support
. -v A is identified as the Callaway Sheriff's Office (SNUPPS-C, page 13 3A-26),
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- ,the ,Callaway County Ambulance Service and the Callaway County Memorial
- 26 7 Hospital (SNUPPS-C, page 13.3A-24).. Two other assisting organizations -
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. p.rg,7, are: the U.S. Coast Guard, St. Louis, M0.'(SNUPPS-C, page 13.3A-26) and t 4 b; r, .-
WT ; an agency that has no legal authority to operate in the ca eas impacted by i Tr the 10 mile c.PZ: the Civil Defense Office, Columbia, (Boone County) MO.
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'S.. .(SNUPPS-C,'page 13 3A-27). Additionally, having read the Missouri Stato MW,:
$yftf Emergency Operations Plan, Part 3,- Section B, " Nuclear Emergency Assistance gy 2 $' h;'[i Plan", prepared by the D'epartment of Public Safety, D.P.O.0., dated 2; May
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,. 1979 and sif;ned by Joseph P. Teacdale, Governor of the State of Missouri; recalling with particular attention the provisions contained in the FSAR, Volume 5, identified above, affiant found that State does not fulfill the responsibilities delineated in SNUPPS-C, 13 3A.5.4.1. State will act in an advisory capacity only and assistance will not be provided unless local authority requests such aid. Section II, of the State plan cited above states that " Assistance provided shall not in any way usurp or circumvent Federal or local authority, - - ." Since DP00 can not take the lead in providing radiological protection as outlined in the FSAR, it in effect c repudiates the responsibilities designated as accepted by the DPCO in Appendix 13 3A, Volume 5, FSAR identified above. Reason would indicate that with such a conflict, and/or repudiation; the provisions of the Union Electric Company SNUPPS FSAR, Volume 5, can not meet the requirements of 45 FR 55402; Appendix E,10 CFR, Part 50. The above statements are true and correct to the best of my information and belief.
And further affiant saith not. g
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/ Director Callaway County Emergency Fanagement. Agency Swcrn to before me and subscribed in my presence this cf/ h day'of M b , 1980.
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. (Attachn.ent 5) UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE A'IDIGC SAFETY AND LICENSING BOARD In the Patter of )
)
UNION ELECTRIC COMPANY ) Docket Nos STN 50-493
) STN 50-486 (Callaway Plant, Units 1 and 2) )
AFFIDAVIT The undersigned, being duly sworn, says that he is the Presiding e Judge of Callaway County, Missouri and that Mr. John G. Reed is the Director of the Callaway County Emergency Management Agency. Further, that the Callaway County Emergency Fcnagement Agency is a legally constituted agency of the government of Callaway County, Missouri. And further affiant saith not. ' Presidirig Judge,/Callrr Coun ,, Sworn to before me and subscribed in ny presence this
/4 # da; he [vm ,1980.
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- i. l UNITED STATES OF AMERICA NUCLEAR REGULATORY CO}2:ISSION
. BEFORE THE ATOPIC SAFETY AMD LICENSING B0/dtD In the Matter of )
)
UNION ELEC'IRIC COFPANY -) Docket Nos STN 50-483
) STN 50-486 (Callaway Plant, Units 1 and 2) )
AFFIDAVIT The undersigned, being duly sworn, says that the details contained
'in his " AMENDED PETITION FOR LEAVE TO INTERVENE AND REQUEST FOR A HEARING", signed the 2 2. " day of Octo ber , 1980 are true and correct to his best knowledge and belief, and that all attached documentation was justly and legally obtained.
And further affiant saith not. Je-
, 'itizen of the United Stal.c::
of America Sworn to before me-and subscribed in my presence this
, M M ' day o Lf 2 &2 , 1980.
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..e UNITED STATES OF AKcRICA NUCLEAR REGULATORY COMMISSION BEFORE 'IBE AT0FIC SAFETY AND LICENSING UOARD In the Matter of )
)
UNION ELEC'IIllC COFPANY ) Docket Hos STN 50-483
) STN 50-486 (Callaway Plant, Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " AMENDED PETITION FOR LEAVE TO INTERVENE AND RMUEST FOR A HEARING" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class postage prepaid this 2 3d day of October, j 1980: James P. Gleason, Esq., Chairman Treva J. Hearne Atomic Safety and Licensing Board Asst. Gen. Counsel 513 Gilmoure Drive Missouri Public Service Commission Silver Spring, MD. 20901 P.O. Box 360 Jefferson City, Mo. 65101 Gerald Charnoff, Esq. Thomas A. Baxter, Esq. Barbara Shull Shaw, Pittman, Potts & Trowbridge Lenore Loeb 1800 M Street, N.W. League of Women Voters of M0. Washington, DC 20036 2138 Woodson Road Atomic Safety and Licensing i Board Panel Marjorie Reilly U.S. Nuclear Regulatory Commission Energy Chairman Washington, D.C. 20555 League of Women Voters of University i University City, MO. Docketing and Service Section 7065 Pershing Avenue Office of the Secretary University City, 10. 63130 U.S. Nuclear Regulatory Commission Washington, DC 20555 Donald Bollinger, Member Missourians for Safe Energy i Roy P. Lessy, Jr. Esquire 6267 Dolmar Boulevard Office of the Executive Legal Director University City, M0. 63130 U.S. Nuclear Regulatory Commission Washington, DC 20555 i
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't Atomic Safety and Licensing - Rose Levering, Member Appeal Board Crawdad Alliance U.S. Nuclear Regulatory Commission 7370a Dale Avenue Washington, DC 20555 St. Louis,.MD 63117 Dan I. Boler- Kay Drey President, Board of Directors 515 West Point Avenue Coalition for the Environment University City, 10. 63130 St. Louis Region-
'6267 Delmar Boulevard University City, NO 63130 j
' John G. Reed '
Citizen of the United States of America
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