ML20010B328

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Advises of Issue Raised in CP Proceeding Re Feasibility of Developing Adequate Emergency Plan by OL Stage of Proceeding.Fema Testimony Will Be Needed
ML20010B328
Person / Time
Site: 05000471
Issue date: 08/05/1981
From: Goldberg J
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Perry S
Federal Emergency Management Agency
References
NUDOCS 8108140364
Download: ML20010B328 (2)


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DISTRIBUiION:

Reg. Centrl c

LPDR POR FF (2)

August 5, 1981 S/E/C/S Rutberg Chandler Vogler Spence Perry, Esq.

Goldberg Office of the General Counsel Blume Federal Erwrgency !!anagte.cnt Agency EAdensam 500 C Street, 5.11 DScaletti

!!ashington, D.C.

20472 Chron.

In the 11atter of 80ST0ft EDISM C0!!PAfiY, ET AL.

(Pilgrim fluclear Generating Station, Unit 2)

Docket ilo. 50-471

Dear fir. Perry:

The liRC currently has pending before it a proceeding concerning the application from Boston Edison Company, et al. for a construction permit for the Pilgrim iluclear Generating Station Unit 2, to be located on the sanc site as Pilgrin Unit I near Plymouth, thssachusetts. Pursuant to e notice of hearing published in the Federal Register in 1974, a nunber of petitions to intervene were filed. Three of those petitions, filed by the' Comonwealth of

!!assachusetts (Commonwealth), the l'assachusetts ilildl*O Federation, and t'r.

and firs. Alan R. Cleeton, were granted. Hearings have ueen held on all issues except for emergency planning and matters related to the accident ac Three 1111e Island. Under a recently issued schedule, (copy attached), hearings on eacrgancy planning will connence on October 9,1981.

The purpose of this letter is to ir.fom you that a.1: sue has been raised in this construction pemit proceeding concerning the feasibility of developing, by the operating license stage of the proceeding, an adequate emergency plan at the Pilgrin site.

(See the attached statement of the coergency plannfr.g contentions admitted to date.) It appears that soce testinony from FEl%

personnel will be needed. A target date for providing us with a draft would be August 26, 1981. tie will be " scoping" the flRC Staff testinony during the next week and will contact you with a ro.c specific indication of needed FE!!A testinony.

Sincerely, Jack R. Goldberg g

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Counsel for fmC Staff

Enclosures:

As stated cc: John Dickey p

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, NRC FORM 318 (10-80) NRCM 0240 OFFICIAL-HECOR D. COPY

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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I?:! JJ. 7 hi 3 15 ATOMIC SAFETY AND LICENSING BOARD

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4:H..:-cac Before Administrative Judges:

Andrew C. Goodhope, Chairran AGVEDN(

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Dr. A. Dixon Ca11ihan Dr. Richard F. Cole l

In the Matter of:

0 BOSTON EDIS0t! COMPANY, ET AL.

J Docket No. 50-471 1

(Pilgrim Nuclear Generating July 2, 1981 M

Station, Unit 2) cu,4in. KLA-ey PREHEARING CONFERENCE ORDER On July 1,1981 a prehearing conference was held in this matter at Boston, Massachusetts (no transcript was prep sed).

The purpose of this prehearing conference was to discuss with the parties a schedule for future proceedings, including discovery, filing of propt. sed additional contentions, dates for filing of testi-many and convencing hearings.

The Intervenors, Commonwealth of Massachusetts and Cleetons, objected at the prehearing conference to the Board requiring dis-covery and setting hearings for TMI related issues which the Intervenors may wish to pursue by filing contentions. The basis for their objections was that TMI related issues are presently the subject of rulemaking befort the Comission and, therefore; discovery and hearings should await a final rule 5

froit, the Comission.

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The Board overrules these objections and finds that it is proper to proceed with discovery and hearings on the basis of the proposed rule which has received extensive consideration both by the Staff and the Comission itself.

Consequently, after extended discussion with the parties, the Board sets the following schedule:

Emergency Planning TMI-Related Issues Issues _

Event 1.

First Prehearing Conference and Opening of Discovery July 1, 1981 July 1, 1981 2.

Discovery Closes August 14, 1981 Sept. 1, 1981 3.

Written Statement of Detailed Contentions to be Filed August 21, 1981 Sept. 8, 1981 4.

Final Prehearing Conference August 28, 1981 Sept. 15, 1981 5.

Direct Testimony to be Filed Sept. 11, 1981 Sept. 29, 1981 6.

Rebuttal Testimony to be Filed Sept. 25, 1981 Oct.13,1981 Oct. 9, 1981 Oct. 27, 1981 7.

Hearing Comences I

IT IS 50 ORDERED FOR THE ATOMIC SAFETY AND LICENSING BOARD l-Andrew C. Goodhope, Chairman ADMINISTRATIVE JUDGE 1

.... -. - -.. ~

i PILGRIM UNIT 2 EhERGENCY PLANNING CONTENTIONS 1.

Given the population densities, transportation network, land use and other unique characteristics of the area surrounding the proposed Pilgrim 2 site, no emergency plan can be developed that will adequately protect the public in the event of a major radiological accident.

2.

The applicant's preliminary plans fo protecting the public in the event of a major radiological accident at the Pilgrim site, as set forth in its Preliminary Safety Analysis Report,.are inadequate under the guidelines established in Appendix E to 10 C.F.R. Part 50 ard the proposed amendment thereto.

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