ML20042A369

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Certifies 820314 Svc of Tables of Content,List of Authorities,Corrections & Summaries Inadvertently Omitted from 820309 Briefs
ML20042A369
Person / Time
Site: Three Mile Island Constellation icon.png
Issue date: 03/14/1982
From: Aamodt M
AAMODTS
To:
References
NUDOCS 8203230367
Download: ML20042A369 (12)
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UNITED STATES OF AMFRICA NUCLEAR REGULATORY' COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD

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9 In the Matter of_ 2 fM 22 mt?. y C (

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tj q Nuclear Generating)

Three Mile Island 0, ';g"a R 1I98&s Station, Unit 1 { tir:cy ~

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(b f This is to certify that the Tables of Conten , ..

of Authorities, Abbreviations and Corrections and the Summaries omitted due to oversight with the March 9, 1982 filing of the

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j AAMODT BRIEF FOR APPEAL OF BOARD'S DECISION CONCERNING EMERGENCY PLANS FOR FARMERS and AAMODT BRIEF FOR. APPEAL OF BOARD'S DECISION CONCERNING INFORMATION TRANSMITTAL AND PUBLIC EDUCATION are serviced f

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by deposit in U. S. Mail March 14, 1982 to the Service List attached.

3 Where the Service List attached is expanded over that enclosed.with

the March 9, 1982 filing, those parties have been served the complete 2 filing of Aamodt briefs.

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March 14, 1982 , Marjo e M. Aamodt l ..

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i i 8203230367 820314 4 PDR ADOCK 05000289 G PDR

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  • SERVICE LIST
  • Administrative Judge Ivan W. Smith. -
  • 0ffice of E>.ccutive Legal e Chairman, Atomic Safety and Licensing Director, U. S. Nuc1 car Board, U. S. Nuclear Regulatory Comm) Regulatory Commiosion Washington, D. C. 20555 i Washington, D. C. 20555 Administrative Judge Lin.da W. Little
  • Docketing and Service Section Atomic Safety and Licensing Board Office of the Secretary 5000 Hermitage Drive . U. S. Nuclear Regulatory Comm.

Raleigh, North Carolina 27612 Washington, D. C. 20555 ,

Administrative Judge Walter H. Jordan Steven C. Sholly  ;

Atomic Safety and Licensing Board

  • Ca ry L. Edles, Chairman -
  • Robert Adler, Esq.

Atomic 'Sa.fety and Licensing Appeal Assistant Attorney General Board, U. S. Nucicar Regulatory Comm. 305 Executive House Washington, D. C. 20555 P. O. Box 2357 l Harrisburg, Pa. 17120

  • John H.'B.uck *vL -

Atomic Safety and Licensing Appehl 'Ms. Cail B'radford Board U. S. Nuclear Regulatory Comm. ANGRY Washington, D. C. 20555 245 W. Philadelphia Street York, Pa. 17404 oChristine N. Kohl -

Atomic Safety and Licensing Appeal ^"" l**

Board, U.*S. Nuclear Regulatory Comm. R. D. 3, Box 3521 Washington, D. C.'205.55 Etters, Pa, 17319

  • Reginald L. Cotchy Ellyn R. W e i s's Atomic Safety and Licensing Rppeal Sheldon, Harmon, Roisman & Weiss

" Board, U. S. Nucicar Regulatory C o, 1725 I Street, N. W. Suite 506 Washington, D. C. 20555 Washington, D. C. 20006 '

A G e o r g e.' F . e.T r o wb r i d g 6,' Esq.

  • Nunzio J. Palladino, Chairman Shaw, Pittman, Potts and Trowbridge' U.S. Nuclear Regulatory Commission 1800 M Street, N. W. Washington, D.C. 20555' Washington, D. C. 20036
  • Victor Gilinsky, Commissioner
  • John F. Ahearne, Commissioner U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555
  • Pe ter A. Bradford, Commissioner

' *Thomas M. Rcberts, Commissioner U.S. Nuclear Regulatory Commission j U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. '20555 e

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Professor Gary L. Milhollin John E. Minnich-1815 Jefferson Street Chairman, Dauphin Ccunty Board

__ Madison, Wisconsin 53711 of Commissioners Dauphin County Courthouse William S. Jordan, III, Esquire j Front and Market ~ Streets Attorney for People Against Nuclear Harrisburg, Pennsylvania 17101 Energy Harmon & Weiss } Walter W. Cohen, Esquire 1725 Eye Street, N.W., Suite 506 Consumer Advocate Washington, D.C. 20006 office of Consumer Advocate 14th Floor, Strawberry Square Robert Q. Pollard Harrisburg, Pennsylvania 17127 ,

609 Montpelier Street .

Baltimore, Maryland 21218 Jordan D. Cunningham,' Esquire p Attorney for Newbarry Township Chauncey Kepford T.M.I. Steering Committee Judith H. Johnsrud j Fox, Farr & Cunningham (

Environmental Coalition on Nuclear , 2320 North Second Street Power Harrisburg, Pennys1vania 17310 .

433 Orlando Avenue  ! -

State College, Pennsylvania 16801 ' Ms. Louise Bradford TMI ALERT Marvin'I. Lewis , 315 Peffer Street 6504 Bradford Terrace  :

Harrisburg, Pennsylvania 17102 Philadelphia, Pennsylvania 19149 l Attorney General of New Jersey John A. Levin, Esquire Attn: Thomas J. Germine, Esquire Assistant Counsel Deputy Attorney General Pennsylvania Public Utility Comm'n Division of Law - Room 316 Post Office Box 3265 1100 Raymond Boulevard Harrisburg, Pennsylvania 17120 Newark, New Jersey 07102 l

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v TABLE OF CONTENT'S

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.AAMODT BRIEF FOR APPEAL-3F BOARD'S DECISION CONCERNING EMERGENCY ^ PLANS FOR FARMERS Paragraph (s) Aamodt Exception (s) Page (s) 1 1 List of Exceptions Taken by Aamodts to Board's Partial Initial Decision, December 14,1981 Concerning Emergency Planning.for Farmers and Efficacy of. Commonwealth's Protection Action Guides for' Ingestion Pathway of Farm Families ......... 1 2-9 15,17,19,25,31, 47.51 Board Error in Not Acknowledging that. Farmers Will Not Take Protective Action of Evacuation ............. la-4 10-15 18, 22, 23, 27, 30,39,47 Board Error in Failing to Find that the Commonwealth Plans for Sheltering Livestock Offered Improper Guidance :

to Farmers ....................... 4-6 16-17 21,35,36,37,42, 43 Board Error in Failing to Recognize-Threat to Health and Safety of Farmers Posed by Commonwealth's Recommendations to Farmers ....................... 6-7 18-20 20,24,26,40,46, 48 Board Error in Finding that Plans had been Developed to Allow Farmers to Take Protective Action of Evacuation by Abandoning their Livestock..... 8-9 21 21,36 Board Error in Finding that Farmers could Return to Care for Livestock without Adequate Protective Devises for Emergency Workers ............ 9 22-27 32,41,45,47 Board Error in Finding that Farmers have Option of Evacuation of Livestock and that Plans for Evaucation of Livestock are not Sufficiently Defective ....................... 9-11 28 27 Board Summary " Sufficient Options for Protection of Livestock" but "No Guarantees" Demonstrated Board Failure to Recognize Interlock of Health and Safety of Farmers and Livestock ....................... 11 i

-9 Table of! Contents,- contd. (Aamodt Brief - Farmers)

Paragraph (s) Aamodt Exception (s) Page(s).

29-31' 2,29 Board Error in Assuming that Information Phamplets for General Public Provide Information Suitable l for Farmers and theirLFamilies... J1-12 32-33 ~46 Board Error in Inferring that County Agricultural Agents Can and

. Will provide.Information of Importance to the Health an'd Safety

, of the Farmers .................. 12-13 4 34 38,49 Board Error in Failing to Provide for Establishment of Appropriate Ingestion. Emergency Planning Zone for Three Mile Island Area ..... 13 35-37 28,29,38,49 Board ' Error . in Failing to Adequately Protect-Unique Ingestion Pathway of Farm Families ................... 13-15

!. 38-45 52-56 Board. Error in. Reject'ing Several~

Sources of Unrefuted Evidence that

, the Commonwealth's Protective Action i -

Guides are not Adequate for Segments of the Publie.in'the Three Mile Island Vicinity ................ 15-18 t .

46 32,33 Board Error in Concluding that the j Deficiencies in Emergency Planning for Livestock is not "Sufficiently Defective" and that Health and j Safety of the Public.is not at Jeopardy ....................... 18-19 Authorities .................................................... iii i

Abbreviatiens .................................................. iii-i j Corrections ..................................................... iii Summary ........................................................ iv i

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AUTHORITIES (Aamodt Brief - Farmers)

Paragraph (s) Page(s)

Nuclear Regulatory Commission Regulation 10CFR 50.47 ...................... 5 2 6 2 34 13 35 13 45 Federal Register ~55407 ..................... 5 2 Commonwealth of Pennsylvania, Disaster Operations Plan, Annex E, Fixed Nuclear Facility Incidents 6 2 17 7 26 10 34 13 38 15 Aamodt Findings, Intervenor Aamodt Findings of ,

Fact on Emergency Planning Contention 2 (Aamodt Contention 5 - Livestock), August 13,1981 4 la

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the-Beerd.r ........ Atomic Safety and Licensin'g Board P 1 D . '_ _ . . . . . . . . . . . . . . Atomic Safety and Licensing Board Partial Initial Decision, December 14, 1981 the. Commonwealth . Commonwealth of Pennsylvania TM1 ................ Three Mile Island TMI-Unit 1 or THI-l Three Mile Island Nuclear Generating Facility Unit 1 TMI-2 accident ...

Accident at Three Mile Island Nuclear Generating Facility Unit 2 on March 28, 1979 I-131 ........... Radioactive Iodine - 131 EPZ ............. Emergency Planning Zone CORRECTIONS Page 13, Paragraph 34, line 3 ... Change PID #1932 to PID #1927 Page 1, Title, delete name of Christine N. Kohl'and add name of Regnald L. Gotchy ~

Reference to testimony of Steward and Smith refers to page from 1 11 taken in sequence of the combined testimonies bound together Alternative pagination in 1.

beginning with the Summary at page parentheses, iii

SUMMARY

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(Aamodt Brfef - Farmers)

Skillfull argument can ' prove',-^on'the basis of selected testimony, that a variety of actions are appropriate

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in emergency planning for farmers. However, the bed-rock goal of thf 3' portion of the TMI-1 restart proceeding.was to define and implement a credible response program which' adequately considered the unique needs of.the-population a t ' ri sk~. The farmers are part of that population and their needs are unique.

The Board has simply side -stepped the difficult problem of providing adequate emergency planning for the farmers.

The Board hoged (PID #1940) that the farmers, veterinarians and the county agricultural agents would work tegether, in the future,.

for some solution to the problems that are inherent in emergency response planning for farmers.

The Board would have the Commission believe that the failure to provide adequate planning for farmers would only put the the farmers' livestock at risk. That is clearly not the case. The ev9dence of the hearing, provided by the clear testimony of the. farmers, veter,inarians and county agents, was that the farmers would be at r,isk.

Admittedly, concern fon the welfare of the farmers, as contended in Emergency Planning Contention 2, would entail iv

the expenditure of substantial resources, both in terms of time and money, on the part of the Licensee and the Commonwealth of Pennsylvania. However, the constraints of those considerations should not diminish the' quality of the emergency planning program

.for farmers. _The'NRC new rules do not provide for financial considerations to modify the standards to be applied. The farmers have the 'right', as do othcr segments of the public surrounding a nuclear generating facility, to be shielded from shortcuts, ambiguities, deceptions and incomplete planning.

The scope of the record of the hearing should be understood. Whereas the Commonwealth presented witnesses in support of their plan for protection of the livestock, no evidence was presented to demonstrate z.h a t any of the proposed actions had ever been taken in any location or in response to any event anywhere in the world or that those action could or would be f protective of the livestock or the farmers. On the other hand, the Aamodts presented three farmers and two-veterinarians from the local agricultural community who uniformly testified that the Commonwealth plan was unworkable. The Commonwealth presented ~no local practicing farmers or veterinarians in support of their q plan. The Board did not address this void in the record and' '

l depended on the testimony of bureaucrats rather than native  !

agricultural witnesses presented by the Aamodts to describe several protective actions which the (gemers could not or would r not take.

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TABLE OF CONTENTS AAMODT BRIEF FOR APPEAL OF BOARD'S DECISION CONCERNING INFORMATION TRANSMITTAL AND PUBLIC INFORMATION (PARTIAL INITIAL DECISION, DECEMBER 14, 1981 EMERGENCY PLANNING ISSUES)

P a r .1g r_a p_h ( s ) Aamodt Exception (s) P age ( s,)

1, 2 1,2,13,14 The Board is in Error in Failing to Require Dedicated Telephone Lines for County Notification... 1-2 3-11 3-12 The Board is in Error in Finding that the Commonweal th has Satforth a Comprehensive Information Program; the Program Lacks Adequate Scope, Definition of Hazards, Accounta-bility and Criteria sith Regard to Quality and Content ............. 3-12 Authorities ................................................ 11 Abbreviations .............................................. 11 Correction ................................................. 11 Summary .................................................... iii i

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AUTHORITIES' (Aamodt Brief - Notification, etc.)

Paragraph (s) Page(s) i Nuclear Regulatory Commission NUREG-0654; FEMA-REP-1, " Criteria for Preparation and s

Evaluation of. Radiological Emergency Response Plans and Preparedness in Support of Nuclear-Power Plants"... 5 ...... 4 4

i GPU Nuclear' Corporation Emergency Plan.for Three Mile Island Nuclear Station Unit'1, Revision 2 4 June, 1980 ....................................... 1 ...... 1 i

Intervenor.Aamodt Findings of Fact and Conclusions-of Law on Emergency Planning Co.tention 1 (Aamodt

, Contention 4 - Notification), August 13, 1981 .... 3 2 1

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1 i ABBREVIATIONS Abbreviation i

l PEMA ................ Pennsylvania Emergency Management Assistance EPZ ................ Emergency Protection Zone the Commonwealth...... Commonwealth of Pennsylvania the Board ............ Atomic Safety and Licensing Board-Dauphin, York, Lan-

! caster Countien ..... Districts in Pennsylvania

, Licensee ............. Metropolitan Edison Company

! NRC .................. Nuclear Regulatory Commission i Contention EP-1 ...... Aamodt Contention 4, identified Ihtervenor l Aamodt' Findings of Fact and Conclusions of l

Law on Emergency Planning Contention 1, August i 13, 1981.  !

CORRECTIO_N Page 1, Title, delete name of Christine N. Kohl and add name of Reginald L. Gotchy 1

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SUMMARY

(Aamodt Brief - Notification, etc.)

We simply argue, with regard to the issue of "Information Transmittal", that conventional telephone lines-subject to ' busy' lines have no place in a notification program.

We argue for dedicated lines. Although cost is not at issue, t h e. low expense-required to provide reliable dedicated lines and obvious benefit to be derived from their availability makes the failure to require them incomprehensible.

With regard to "Public Education", our concern is simply that the education program is forthright and. clear ao-that it serves the interest of the public at risk. Implicit in the program as approved by the Board is the desire on the part of the Licensee, the NRC and the Commonwealth to ' downplay' the seriousness of the exposure to ionizing radiation. Although strategically this thrust might have merit in gaining acquiescence of the public with reagrd to restart of TMI-Unit 1, the interest of the population at risk is served only by candor and completeness.

The public is not knowledgeable with regard to ionizing radiation. If it were, the need for educational material would be obviated. The minimum requirement for any meaningful educational material would be that it be forthright and clear. No level of ambiguity is acceptable, iii

The Board, in stating that the analogy of ionizing radiation to sunlight is "not unduly strained" implicitily concedes that the analogy is strained. The Board simply makes a value judgement that the analogy, nevertheless, is acceptable.

Sufficiency of an educational program cannot be achieved by using ' strained' analogies to educate the public.

In light of the delay of any possible restart of TMI-Unit I attendant to the steam generator problems, there is no basis timewise to proceed with less than an adequate public education program.

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