ML20003D217

Reply to NRC 801110 Response Opposing Admittance of Petitioner Contention 1.Plant Deficiencies Are Significant. Interim Actions to Compensate for Deficiencies Must Be Coordinated W/Local Govts.Certificate of Svc Encl

ML20003D217
Person / Time
Site:	Callaway
Issue date:	03/01/1981
From:	Jeffrey Reed AFFILIATION NOT ASSIGNED
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8103190613
Download: ML20003D217 (10)

Text

ys' h Yh UNITED STATES OF A!ZRICA I;UCLEAR REGULATCRY COI::!ISSICN s

BE;FCRE THE ATOMIC SAFbTY AND LICENSING ECARD , (;'p C

In the !".atter of )

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UI!ICN ELECTRIC C0!TANY ) Docket Nos STI! 50-483 . :; 2: nest q

) STN 50-436 T3 ;.um a hm:n s (Callaway Plant, Units 1 and 2) ) f 3=1 0

PETITIONER'S REPLY TO NRC STAFF RESPCNSr , y n, g DATED 10 NOVEMBER 1980, CNE IN AMENDED PETITICN CF JCHN G. REED PERTAINING V TOfu CCNTr I.

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\cuj INTRODUCTION i 7 'Qf;[:!(% g fg y /,

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On 17 November 1980, Mr. Reed received the NRC Staff respense hip j' amended petition. The Staff Counsel recommended acceptance of contentions numbers three and four. Petitioner answered Staff response to centention number t wo on 19 November 1980. He will address Staff comments on contention c. amber one, at this time, hopefully with sufficient specificity to satisfy the Cecission and yet not restrict possible future avenues of negotiations between the Applicant and local governments or their agents.

II.

DISCUSSICN Mr. Reed's first contention required additional explanation:

"The Staff believes that before this contention is admitted, in order that it be made clear, that Mr. Reed be required to e- .ain what specific actions that have not to date been undertake

• the Applicant would, in Mr. Reed's view, constitute "sufficieas. tangements

. . . to meet the requirements of 10 CFR SS 50.47(b)." . . .

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.81-03190634 0 -

Throughout 10 CFR, Part 50, the petitioner is aware of an implied spirit of cooperation and an integration of effort at all levels of govern .ent and the Applicant to assure the most effective protection of public health and safety. NUREG 0654 FE!G-REP-1, I, F. Integrated Guidance and Criteria clearly specifies that "an integrated approach to the development of response plans to radiological hazards is most likely to provide the best protection of the health and safety of the public". Further, "that plans of licensees, State and local governments should not be developed in a vacuum or in isolation from one another." Fifteen of the sixteen standards established in 10 CFR, Part 50, Section 50.47(b) involve such cooperation and integration of effort to achieve effectiveness.

Listed below, under respective sub-paragraph numbers of Section 50.47(b),

are situations as currently exist relating to established " standards" and a general statement of what is necessary to rectify the condition; as viewed by the undersigned:

(1) No primary responsibilities for emergency response within the EPZ have been assigned by local governments, no responsibilities for supporting organizations have been established and local governmental organizations lack sufficient staff to augment an initial response on a continuous basis. Applicant should establish formal liaison wit'h local governments and begin work required to resolve this matter, to include technical support,- funding and such other aid as may be needed.

(2) No interface exists among onsite and local government offsite support and response activities. Applicant, through formal liaison, can work out details;with local governments to correct this deficiency.

(3) Local response assistance in the eight governmer.tal entities

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has not been identified, nor has arrangement for effective use of such assistance been made. Local govern-ents are unaware of the existance or location of Applicant's near-site E.O.F. (Emergency Operaticns Facility).

- Applicant should work with Callaway Plant host governunt in a cc bined effort to create such a facility, thereby reducing Applicant costs and assisting host government to obtain an Emergency Cperations Center which can be used in radiological and other e=erFency situations.

(4) Local response plans o not exist, although preliminary authority to begin such planning has been given to State planners. Without adequate outside funding sources, local governments will be unable to effectively meet !;RC standards. FundinE support by Applicant will resolve this problem.

(5) Procedures have not been established between licensee and all local government entities for notification in emergencies. No system for message authentication exists, nor have corrunicatiens facilities been installed. Applicant Otnding, assistance and cooperation with local governments can resolve this situation.

(6) No means exist fer pre:pt communications between licensee and all local governments (except dial telephone service t.hich is provided by several local telephene ce=panies and affords some dialing delay). W.e Applicant and local governments can resolve this deficiency by establishing primary, secondary and tertiary fail-safe co= nnicaticns links during plant emergencies through Applicant funding of such services.

(7). No ' for=al infor=ational links exist between Applicant and all -

local government entities. ' Public infcrmatien and training should be Jdirected fro the local governmental level to increase credibility of news releases. Applicant funding and technical assist &nce can assist local

governmental efforts in solving this problem.

(8) No local governmental offsito emergency facilities or equipment exist to support emergency response activities. Funding and material aid fro = Applicant to local governmenos can resolve this matter. Efforts as indicated in (3), above, will assist in such resolution.

(9) No motheds, systems or equipment exist for assessing and monitoring actual or potential offsite radiological emergencies at the local level of government; except for hand-held Civil Defense equipment which can measure Gamma (CDV-715 measures .0-500 Roentgens per hour; CDV-700 measures 0-50 milli-roentgens per hour and detects Beta) and detects Beta.

No alpha nor iodine detection capability exists. Local governments prefer to control a monitor system whereby they can independently verify the data provided by Licenses and State. The complexity of such a system can be negotiated so that effeciency and costs to Licensee can be reasonably balanced to the satisfaction of all concerned.

(10) No protective actions have been developed for the public in the Plume Exposure Pathway EPZ. Direct liaison between all parties can resolve this matter.

(11) No means for controlling radiological exposure of offsite emergency workers (local evacuation officers, traffic control officers, firemen, medical personnel and others who may be required to perform in a radiological environment) in the event of a' serious plant accident. Full

. cooperation and coordination between all parties and the implementing of (9),

above, will aid in solving this problem.

(12) Arrangements with local medical facilities appear inadequate

to guarantee proper medical treatment for contan.innted, injured persons.

The letter of agreement with the Cal]away Memorial Hospital (see attachment number 1) does not specify treatrrent of " radiologically contaminated",

injured persons. The Applicant can, through funding of and cooperation with local governments, resolve these types of problems.

(13) Applicant responsibility; no coordination required.

(14) The ability of local governments to adequately participate in exercises or drills is non-existant at this time. Only after all of the above standards have been met by local government and the Applicant can this ability be improved. Applicant funding assistance is needed by all local governments.

(15) Radiological emergency response training is in effect at the local levels of government. Qualified ~ instructors, certified by the State of Missouri, are available in Callaway County. Instructors are volunteers and periods of instruction are dependent upon individual free time. Applicant funding of local efforts could be used to create a professional, full-time training program.

(16) While several local governments have authorized preparation .of tentative emergency plans, no local authority has been established to review such plans and no plcnning effort has been accepted which requires expenditure .

of local revenues for the creation of such plans or the inplementation or exercising of said plans. Applicant funding of local efforts can resolve these problems.

End of sub-paragraph numbers of Section 50.67(b)

Sub-paragraph (c) of Section 50.47, cited above, states that:

"(c)(1) Failure to meet the standards set forth in paragraph (b) of this subsection may result in the Conr.issica declining to issue an Operating License; however, the applicant will have an opportunity to demonstrate to the satisfaction of the Commission that deficiencies in the plan are not significant for the plant in question, that

adequate interim ccmpensating actions have been or will be taken promptly, or that there are other compelling reasons to permit plant operation."

Because of the above cited paragraph, it is incumbent upon the applicant to take affirmative actions to fund and assist all local governments to attain adequate emergency response capabilities and be able to augment those same capabilities on a continuous basis throughout any emergency.

III.

CONCLUSION As of this date, the Applicant has met twice with all local governments, but deferred from detailed discussions with local officials on all of the above items in issue. Both meetings were tape recorded and such tapes will be made available at hearings, if needed. Until meetings between the Applicant and local governments are held for the specific purposes of discussing " funding" and " practical solutions" to the situations outlined in subparagraphs (1) thrcugh (16), above, the standards set forth in Section 50.47(b) can not be met. Until such. standards are met, the Applicant has four options of remedy under Section 50.47 (c)(1), quoted above.

The undersigned feels that all deficiencies, as now exist, are significant for the plant in question. Any interim actions which may be taken to compensate for the above deficiencies must be coordinated with local goyernments to be effective. Mr. Reed can not, at this time, find any compelling reasen that the Commission should permit plant operation at the expense of public health and safety. Each day of delay by Applicant is confronting and solving these problems will add to the time needed to bring all capabilities of all concerned up to the mininum acceptable standards established by the Commission.

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9 Mr. Reed agrees that the above listed actions are not the only possible solutions to the problems as currently exist; however, they are submitted as suggested proposals where no others have been offered. Pr. Reed reserves the right to modify or amend these suggestions as other reasonable alternatives develope.

pectfully submitted,

-O Dated this $1st day of John G. Reed March, 1981 at Kingdom Citizen of the United States City, Missouri 65262 of America G

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• (Attachment Nu:nbsr 1)

C ALLAWAY M EMORI AL HospirAt

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FULTON. MISSOURI 65251 Ay, $;;. 4

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[,5-TctepwoNe 314 642 3376 g s August 22, 1979 Mr. D. F. Schnell Manager-Nuclear Engineering Union Electric Ccmpany P.O. Box 149 St. Iouis, Missouri 63166

Dear Mr. Schnell:

Callway Cotnty Menorial Hospital Board of Trustees and the Staff have discussed and egressed their willingness to provide health services for Union Electric sployees, for either m.crgency or non-cmergency care.

The Callaway Cotnty Mcmorial Hospital offers Emergency Rocm service twenty-four hours a day, with a doctor en call arotnd the clock. We hwe a 4-bed Intensive Care Unit. Also, our X-ray and Laboratory de-part:nents have 24-hour coverage.

The Callway County Arbulance Service is based at the hospital, with 24-hour coverage.

At some later date perhaps we could have a discussion regarding any special services needed by. your company's cuployees. .

Please feel free to call or drop by for any other inforantion needed.

Sincerely,,

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Shar6n R. Heinlen Chief Executive Officer SRII/nuf

tdITED STATtu CF A! ERICA

'. NUCLEAR RECULATORY CC!21SSICN - .

BEFCEE THE ATCl!IC SAFETY AND LICE!:SI!;G BOARD In the Matter of )

)

UNICN ELECTRIC C0!PANY ) Docket No SITi 50-483

)

(Callaway Plant, Unit 1) )

CUlTIFICATE CF SERVICE I hereby certify that copies of the foregoing " Petitioner's Reply to fiRC Staff Response, dated 10 November 1980, Pertaining to Contentien Number One in Amended Petition of John G* Reed" were served this dPlo O day of March,1981, by deposit in the U.S. mail, first class postage prepaid, upon the following:

James P. Gleason, Esq., Chairman Treva J. Hearne Atomic Safety and Licmsing Board Asst. Gen. Counsel 513 Gilmoure Drive 10. Public Service Commission Silver Spring, MD. 20901 P.O. Box 360 Jefferson City, FU. 65101 Gerald Charnoff, Esq.

Thomas A, Baxter, Esq. Dan I.Bolef Deborah L. Bernstein Coalition for the F vrironment Shaw, Pittman, Potts & Trowbridge St. Louis Region 1800 M Street, N.W. 6267 Delmar Boulevard Washington, DC 20036 University City, MO 63130 Atomic-Safety and Licensing Atomic Safety and Licensing Board Panel Appeal Board U.S. Nuclear Regulatory Commission . U.S. Nuclear Regulatory Comission

. Washington, DC 20555 Washington, DC 20555 Docketing and Service Section Donald Bollinger Office of the Secretary Missourians for Safe . Energy U.S. Nuclear Regulatory Commission 6267 Delmar Boulevard Washington, DC 20555 University City, 10. 63130 Roy P. Lessy, Jr. Esquire Robert G. Wright

.0ffice of the Executive Legal Director Assoc. Judge, Eastern District U.S. Nuclear Regulatory Commission Callaway County Court Washington, DC 20555 RFD #1 Fulton, MO. 65251

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- 2-Rose Lovering, Member Fr. Fred Luekey Crawdad Alliance Presiding Judge, Montgomery County 7370a Dale Avenue Rural Route St. Louis, HO. 63117 Rhineland, MO. 65069 Mr. Earl Brown Fx. Samuel J. Birk School District Supt. RFD #1, Box 243 P.O. Box 9 Morrison, MO. 65061 Kingdom City, MD. 65262 Fx. Harold Lottman Mayor Howard Steffen Presiding Judge, Gasconade County Chamois, MD. 65024 RFD #1 Owensville, No. 65066 m

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' John G. Reed Citizen of the United States of America e

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