ML20063G866

Addl Response to Consolidated Contentions EP 13,EP 14.C & EP 17.Objects to EP 13.Util Draft Contention Should Be Substituted for EP 14.C as More Accurately Reflecting Parties Agreement.Certificate of Svc Encl

ML20063G866
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/30/1982
From:	Mccleskey K HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8209010188
Download: ML20063G866 (6)

Text

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\ USNRC LILCO, August 30, 1982 12 AGD 31 R2:i?

0FFICE OF SECRETAh

UNITED STATES OF AMERICA 00CKEilNG & SERV!d

. NUCLEAR REGULATORY COMMISSION BRAllCH Before the Atomic Safety and Licensing Board In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 (OL)

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(Shoreham Nuclear Power Station, )

Unit 1) )

LILCO'S ADDITIONAL RESPONSE TO CONSOLIDATED CONTENTIONS EP 13, EP 14.C, and EP 17 On August 26, 1982, the Board requested that the par-ties further discuss EP 13, Emergency Classification System, EP 14.C, Iodine Monitoring, and EP 17, Personnel Assignments to Communication / Notification. Tr. at 9713-9717. LI1CO's summary of discussions regarding the three contentions appears below.

EP 13 -- Emergency Classification System This contention, as rewritten, alleges that certain information is missing from the Emergency Action Levels l

l (EAL's). NRC Staff stated in its objections that "[w]hile it is true that some of the EAL's do not appear to have complate t

information, it is expected that most of the blanks relating to instrumentation will be filled in later as a result of start-up testing." Staff Objections at 7. The Staff's statement is correct.

8209010188 820030 PDR 0 ADOCK 05000,322

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4 LILCO suggested in discussions with the County this weekend that EP 13.A can be resolved on the basis of LILCO's representation that the blanks will be filled in prior to fuel

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load. The County stated it would "try" to settle this issue based upon LILCO's representation.

. LILCO requests that the Board deny this contention.

The County can repeat its concerns if, in fact, the EAL's are f not complete at the appropriate time.

During the County's discussion with LILCO, the alleged blanks in the Emergency Plan Implementing Procedures (EPIP's),

EP 21, were mentioned. LILCO and the NRC Staff have been un-able to find missing portions or blanks in the EPIP's. The County stated that the blanks were in the EAL's only. LILCO l

therefore requests that the Board deny EP 21.

EP 14.0 -- Icdine Monitoring In its objections to the contentions, LILCO proposed l this language for EP 14.C:

Even though the equipment intended for use by LILCO to monitor iodine released to the environment in the case of a radiological accident meets the specifications of NUREG-0737 and Regulatory Guide 1.97, the accuracy of the equipment is not satisfactory to meet the requirements of [specify the requirement]

because [ explain why). 21.

Objections at 21.

The County rejects LILCO's draft language as not accur-ately reflecting the prior settlement agreement on iodine

monitoring. The settlement agreement provides in part that "SC and SOC agree that the scope of an iodine monitoring contention in the emergency planning proceeding would not contest the details of the iodine monitoring system or LILCO's corapliance with NUREG-0737 or Regulatory Guide 1.97 with respect to iodine monitoring." Agreement at 3, in Tr. following page 4329. The County apparently contends that the agreement does not preclude the County from contesting at hearings LILCO's compliance with NUREG-0737 or Regulatory Guide 1.97, but merely precludes the County from raising those issues in the first instance in its contentions.

LILCO requests that the Board accept LILCO's draft con-tention as more accurately reflecting the previous agreement between the parties.

EP 17 -- Personnel Assignments to Communication / Notification LILCO has been unable to reach counsel for the North Shore Coalition to pursue settlement of EP 17. The parties will report to the Board as soon as possible regarding resolu-l tion of this contention. In the interim, LILCO requests that the Board rule on LILCO's and the NRC Staff's objections to this contention.

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l The NRC Staff has authorized LILCO to state that the Staff joins in this pleading.

- Respectfully submitted,

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W! Ta$or Revelep, III James 'N. Christman )

Kathy E. B. McCleskey HUNTON & WILLIAMS 707 East Main Street Post Office Box 1535 Richmond, VA 23212 DATED: August 30, 1982

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LILCO, August 30, 1982 T5f//;

CERTIFICATE OF SERVIC,E 12 AG)3; ;

In the Matter of fhhh{fSECR E

LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1) BRkNCH Docket No. 50-322 (OL)

I hereby certify that copies of LILCO'S ADDITIONAL RESPONSE TO CONSOLIDATED CONTENTIONS EP 13, EP 14.C, AND EP 17 were served upon the following by first-class mail, postage prepaid, by Federal Express (as indicated by an asterisk), or by hand (as indicated by two asterisks), on Augut 30, 1982.

Lawrence Brenner, Esq.** Atomic Safety and Licensing Administrative Judge Appeal Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel Dr. Peter A. Morris ** U.S. Nuclear Regulatory Administrative Judge Commission Atomic Safety and Licensing Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Bernard M. Bordenick, Esq.**

Commission David A. Repka, Esq.

Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Dr. James H. Carpenter ** Washington, D.C. 20555 Administrative Judge Atomic Safety and Licensing David J. Gilmartin, Esq.

t Board Panel Attn: Patricia A. Dempsey, Esq.

U.S. Nuclear Regulatory County Attorney Commission Suffolk County Department of Law Washington, D.C. 20555 Veterans Memorial Highway Hauppauge, New York 11787

- - Secretary of the Commission Stephen B. Latham, Esq.*

U.S. Nuclear Regulatory Twomey, Latham & Shea Commission 33 West Second Street Washington, D.C. 20555 P. O. Box 398

. Riverhead, New York 11901 Herbert H. Brown, Esq.** Ralph Shapiro, Esq.*

Lawrence Coe Lanpher, Esq. Cammer and Shapiro, P.C.

Karla J. Letsche, Esq. 9 East 40th Street Kirkpatrick, Lockhart, Hill, New York, New York 11901 Christopher & Phillips 8th Floor 1900 M Street, N.W. Howard L. Blau, Esq.

Washington, D.C. 20036 217 Newbridge Road Hicksville, New York 11801 Mr. Mark W. Goldsmith Energy Research Group Matthew J. Kelly, Esq.

400-1 Totten Pond Road State of New York Waltham, Massachusetts 02154 Department of Public Service Three Empire State Plaza MHB Technical Associates Albany, New York 12223 1723 Hamilton Avenue Suite K Mr. Jay Dunkleberger San Jose, California 95125 New York State Energy Office Agency Building 2 Empire State Plaza Albany, New York 12223 Respectfully submitted, LONG ISLAND LIGHTING COMPANY: -

Add -

1 Kathy 5. B. McCle ske'y' '

Hunton & Williams ,

707 East Main Street P.O. Box 1535 q Richmond, Virginia 23212 .. ; .

DATED: August 30, 1982 k "

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