ML19340C170

Status Rept on Newberry Township TMI Steering Committee Emergency Planning Contentions,Per ASLB 801031 Directive. Contentions 3(b)(13),3(b)(16) & 3(c)(7) Withdrawn.Nrc Notified Re Parties' Views.Certificate of Svc Encl

ML19340C170
Person / Time
Site:	Three Mile Island
Issue date:	11/06/1980
From:	Zahler R METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
NUDOCS 8011140075
Download: ML19340C170 (7)

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~_'2__,k UNITED STATES OF AMERICA USMC g NOV.! O g , i BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) g Y

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

LICENSEE'S REPORT ON THE STATUS OF NEWBERRY TOWNSHIP TMI STEERING COMMITTEE CONTENTIONS At the hearing session on Friday, October 31, 1980, the Board directed counsel for Licensee and Newberry Township TMI Steering Committee ("Newberry") to discuss among themselves the status of the six contentions from Newberry's old list of emergency planning contentions which Newberry sought to include among its Second Amended Final Contentions. The old contentions were designated 3 (b) (12) , 3 (b) (13) , 3 (b) (16) , 3 (b) (21) , 3 (c) (5) and 3 (c) (7) .

Following those discussions, Newberry has agreed to with-draw 3 (b) (13) , 3 (b) (16) and 3 (c) (7) . Of the remaining three contentions, Licensee does not object to 3 (b) (12) and 3 (c) (5) .

For the convenience of the Board Licensee has reproduced as Attachment A those portions of contention e } (i>) (12) and 3 (c) (5) which Newberry sought consideration o' . M to which Licensee does not object.

The remaining contention is 3 (b) (21) . That contention alleges:

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Finally, as a general overall comment, the evacuahion plan does not set forth an evacua-tion drill in order to detect deficiencies in the emergency plan. Mock evacuation drills should be conducted exactly according to the suggested evacuation plan. Fire drills are mandatory in schools, and provide a practical means to determine deficiencies in evacuation planning. It is submitted a mock evacuation drilt will illustrate the weak pointe in the York County Evacuation Plan and such a mock drill should be included in the evacuation plan on some type of periodic basis.

In " Licensee's Response to Contentions Based Upon Revision 2 of the Emergency Plan" (filed September 18, 1980), Licensee directly addressed this contention in footr.ote 3. Licensee argued.:

The one contention clearly not covered by the new contentions is old Contention No. 3B (21) relating to mock evacuation drills. Licensee had previously opposed this contention on the ground that the Commission had earlier denied a rulemaking petition requesting that mock evacuation drills (be held). Licensee renews its objection on the basis of the new emergency planning rule. Section IV.F.1 of App 3ndix E to 10 C.F.R. Part 50 states:

A full-scale exercise which tests as much of the licensee, State, and local emergency plans as is reasonably achievable without mandatorv eublic <

particication shall be conducted

• • • • [ Emphasis added.]

Licensee continues to believe that its objection to old contention 3 (b) (21) as an impermissible challenge to the new emergency planning rule is valid. Since Licensee and Newberry have been unable to resolve among themselves the admissibility of old contention 3 (b) (21) , the parties request tha t , on the basis cf the papers now before the Board, it rule on the ad- l

missibility of this contention.

Counsel for the NRC Staff has been notified of the parties' views as to the six old Newberry contentions and wishes to in-form the Board that the NRC Staff does not object to resolution of the matter as described in this Report; the NRC Staff agrees with Licensee's position on old contention 3 (b) (21) .

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE i

By:

Robert Zahler '

Dated: November 6, 1980

l i

ATTACHMENT A Portion of old Newberry Contention 3 (b) (12) sought to be retained in proceeding:

Because of the experiences of the past, even the limited evacuation of pregnant women and children under five years of age left many of the areas surrounding the Three Mile Island Nuclear Pcwer Station deserted and open to looting without proper security. The assump-tion that the National Guard would, in the event of an evacuation, be called up by the Governor, is one that is a void in the evacua-tion plan and the National Guard is not called up or does not respond to the Governor's re-quest because its members are busily evacuating their own families.

4 Portion of old Newberry Contention 3 (c) (5) sought to be re-tained in proceeding:

Moreover, the plan does not envision the method of notifying school and CAT bus drivers and assumes that all drivers will respond in an emergency situation. Moreover, it doesn't 1 indicate anywhere that the CAT bus drivers will i know what is expected of them in an emergency I situation and know where they are going and how I to get to the appointed emergency staging areas.

This is a contingency that can be planned for in advance, should be specifically set out in a plan, and thus, the absence of such specific-ity in the plan renders the plan inadequate.

1

1 Lic 11/6/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Report on the Status of Newberry Township TMI Steering Cor.mittee Con-tentions", were served upon those persons on the attached Ser-vice List by deposit in the United States mail, postage pre-paid, this 6th day of November, 1980.

./ 5~  ;;ahler Robert E Dated: November 6, 1980

1 l

l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

SERVICE LIST Ivan W. Smith, Esquire Jda A. Iavin, Esquire Chai man Assistant Ccunsel Atanic Safety and Licensing Pennsylvania Public Utility Catm'n Board Panel Post Office Bcx 3265 U.S. Nuclear Pegulatory Camu.ssion Hardsburg, Pennsylvania 17120 Washingtcn, D.C. 20555 Karin W. Carter, Esquire Dr. Walter H. Jordan Assistant At*may General Atanic Safety and Licensing 505 Executive Ecuse Board Panel Post Office Scx 2357 881 West Outer Drive Harrisburg, Penrsylvarla 17120 Oak Ridge, Tennessee 37830 Jchn E. Minnich Dr. Linda W. Little C. airman, Dauphin Ccunty Board Atcmic Safety and Licensing of Carmissioners Board Panel Dauphin County Courthouse 5000 Hermitage Drive Front and Market Streets Paleigh, North Carolina 27612 Harrisburg, Penrsylvania 17101 James R. 'Iturtellotte, Esquire Walter W. Cchen, Esquim Office of the Executive Iagal Director Censumer M u te U. S. Nuclear Regulatory Camassicn Office of Ccnsuner Mu: ate Washingtcn, D.C. 20555 14th Flcor, Strahm Square Harrisburg, Pennsylvania 17127 Docketmg and Service Sec*h Office of the Secretary U. S. Nuclear Pegulatory C e iasien Washingten, D.C. 20555

4 Jordan D. Cunningham, Esquire Gail Bradford Attorney for Newberry 'Ibwnship Anti-Nuclear Group Bepresenting York T.M.I. Steenng Camittee 245 West Phi 1=<**1phia Street Fcx, Farr & Cunninghan Ycrk, Pennsylvania 17404 2320 North Secxr.d Street Harrisburg, Pennsylvania 17110 Wi11iam S. Jordan, III, Esqui m

Attorney for People Against Nuclear

'Iheodore A. Adler, Esquire Energy Widoff Reay. _r Selkcwitz & Mler Famnn & Weiss Post Office Bcx 1547 1725 Eye Street, N.W., Suite 506 i Harrisburg, Pennsylvania 17105 Washington, D.C. 20006 1

Attemey General of New Jersey Rcbert Q. Pollard Attn: 'Ihanas J. Garmir:e, Esquire 609 Mcntpelier Stmet Deputy Attcrney General Baltimore, Maryland 21218 Division of Law - Rcan 316 1100 Raymond Boulerard Chauncey Kepford Newark, New Jersey 07102 Jtdith H. Jchnsrud Envirormental rnalitien On Nuclear

Ellyn R. Weiss, Esquire Pcwer

! Attormy for the t.hion of Ccncerned 433 Orlando Avenue Scientip.s State College, Pennsylvania 16801 Harmcn & Weiss 1725 Eye Street, N.W. , Suite 506 Marvin I. Iawis Washingtcn, D.C. 20006 6504 Bradford '1E' Tace Philaralphia, i

Pennsylvania 19149 Steven C. Sholly i 304 South Market Street Marjcrie M. Aamodt Mechanicsburg, Pennsylvania 17055 R. D. 5 7 Coatesville, Pennsylvania 19320 Daniel M. Pell, Esquire a Anti-Nuclear Group Representing Ycrk 32 Scuth Beaver Street j York, Pennsylvania 17401 i

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