ML20041C292
| ML20041C292 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 02/25/1982 |
| From: | Christenbury E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| NUDOCS 8203010115 | |
| Download: ML20041C292 (1) | |
Text
y.D gry f
/cb DISTRIBUTION:
NRC Docket t,-
END LPDR E 3 5 D*
F (2)
, ny'y[gra O Cunningham/Murray ra Christenbury/Scinto h
tead February 25, 1982
/
I '"
Vogler Chandler Chron.
MEMORANDUll FOR: Samuel J. Chilk, Secretary Office of the Secretary Q)- N)
FR0ll:
Edward S. Christenbury, Chief Hearing Counsel Office of the Executive Legal Director THRU:
William J. Dircks, Executive Director for Operations
SUBJECT:
fl0TICE OF INTENT TO REQUEST HEARING ON UPGRADED EMERGENCY PLANS FOR PILGRIM UNIT 1 In accordance with your memorandum of October 27, 1981 to William J. Dircks entitled, " Staff Referral of Hearing Requests to the Commission," please find attached a letter from Assistant Attorney General Shotwell in the Department of the Attorney General, Comonwealth of Massachusetts, which was transmitted to me on February 22, 1982 by Brian V,. Grimes with the request that I submit it to the Comission. Although Ms. Shotwell's letter was addressed to Chairman Palladino, it had been referred to the Office of Inspection and Enforcement for reply.
In her letter, lis. Shotwell does not request a hearing at this time; however, she does request that she receive " pursuant to 5189(a) of the Atomic Energy Act of 1954, 42 U.S.C. 5 2239(a), thirty days notice of the Comission's intent to approve the revised emergency plans for Pilgrim I."
Ms. Shotwell further states that with this information, the Attorney General's office will "be able to review the plans as approved and request a hearing for the purpose of contesting their adequacy should that be necessary."
The staff is currently preparing a response to Ms. Shotwell indicating that no amendment to the Pilgrim license is anticipated at this time in connection with our review of the emergency plans for this facility. However, in our reply, we will inform Ms. Shotwell that hearing rights could arise in the event that any enforcement action is required, as well as of the provisions of 10 C.F.R. 5 2.206 permitting the submittal of a request seeking the institution of a proceeding.
Edward S. Christenbury Chief Hearing Counsel, Office of the Executive Legal Director j
Q $()]
Attachment:
As stated I
I CELD OELD
........./.F..... ~
9i mn.
.o-M.c.....n.d 1.e.r : d..r..C h,ri,s t,enbu ry Co-,,b 2/ d /82 2/tS_82
,,,,,,,,,g,/,y,,f,,,,,p
, p,
/
f*203010115 820225 L
PDR ADOCK 05000293 OFFICIAL RCCdRD COPY uso m e - m.,e 9
i MLC1GTGMMONWEALT}- CF M ASSACHUSETTS
_ _ ~
1,9{11,j.
'j '
je DEPARTMENT OF THE t TOFNEY GENERAL j,,[
N;iN W. Mc QQRMAtK ET A;g g r ricg GUILOINo S.{
/
ONr ASH 8UR7ON PLACC. SCSTON 02105 rawcas x. s coterri aTTon=tv at=seag d
Febr.:ary 3, 1982 Nunzio Palladino, Chairman Nuclear Regulatory Commission Washington, D.C.
20555 RE:
Revised Emergency Plans f or Pilgrim Unit I
Dear Commissioner Palladino:
~
On behalf of Francis X.
Bellotti, Attorney General of the Commonwealth of Massachusetts, I request that you provide thirty days' notice of your intention to approve the revised emergency plans for the Pilgrim I power plant located in Plymouth, Massachusetts.
Those revised plans are currently under review by your staff, having been submitted by Boston Edisor. Company in accordance with the Commission's new regulations on emergency planning, 10 C. F. R.
SS50.4 7 and 50. 54 and 10 C.F.R. Part 50, Appendix E.
This office is interested in ensuring the safe operation of any nuclear power plant sited in this state.
For that reason, we participated, actively in the construction permit proceeding for the now abandoned Pilgrim II plant, which was proposed for siting adjacent to the existing Pilgrim unit.
At the time the Pilgrim II project was car. celled, this office was preparing to participate in a hearing before the Pilgrim II Atomic Safety and I,icensing Board on the issue of emergency planning and other TMI-related saf ety questions.
Indeed, the i
Attorney General had already subrsitted detailed contentions I
challenging the size of the emergency planning zones established by the applicants and the NRC staf f and the sufficiency of the prof erred evidence that the public would ba adequately protected in the event of a severe accident at the Z
Pilgrim site.
While Boston Edison has now abandcned its plans to build Pilgrim II, we remain concerned about the f easibility of protective action in the event of an accidental release f rom Pilgrim I and about the adequacy of the emergency plans being 9-cu l e, iIeun,
=
6 -
D "J
fo "211adino, Cheir.e.
.abrusr 1982 page 2*y 3, t
developed for use in connection with that existing unit.
It *is our understanding that the NRC Staff is now reviewing revised plans for Pilgrim I.
In our view, approval of those revised plans will constitute an amendment to the Pilgrim I operating license.
Th ?re can be no doubt but that approval of such plans involves a t.ignificant hazards considerat ion, since the plans are being reviewed for their ability to assure adequate protection in the event of a spec trum of accidents, including Class 9 accidents.
See NUREG-039 6/ IPA 520/1-78-0167 " Planning Basis for the Development of State and Local Government Radiological Emergency Response Plans in Support of Light Water Nuclear Power Plants" (December, 1978), at 4-5, which report received the formal endorsement of both the Commission and the Environmental Protection Agency (see 44 Fed. Reg. 61123, October 28, 1979).
Accordingly, on behalf of Attorney General Bellotti I hereby request that I receive, pursuant to S189(a) of the Atomic Energy Act of 19 54, '4 2 U.S.C.
S 2239 (a), thir ty days '
notice of the Commission's intent to approve the revised emergency plans for Pilgrim I.
This office will thereby be able to review the plans as approved and request a hearing for the purpose of contesting their adequacy should that be necessary.
ry truly yours,
'h+
.- c Ann Shotwell
'Nssistant Attorney General Environmental Protection Division (617) 727-2265 JAS/mkj i
cc:
Commissioners Ahearne, Bradford, 311insky and Roberts Harold R.
Denton, Director of Nuclear
-~
Reactor Regulation Executive Legal Director, Nuclear Regulatory Commission Thomas Dignan, Esq.
I I