ML20064J791
| ML20064J791 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 01/14/1983 |
| From: | Pigott D ORRICK, HERRINGTON & SUTCLIFFE, SOUTHERN CALIFORNIA EDISON CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, TAC-51708, TAC-51713, NUDOCS 8301180203 | |
| Download: ML20064J791 (27) | |
Text
1 DOCHETED UNITED STATES OF AMERICA UStiPC NUCLEAR REGULATORY COMMISSION
'83 JA!!17 nl:15 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
SOUTHERN CALIFORNIA EDISON ) DOCKET NOS. 50-361 OL COMPANY, et al. ) 50-362 OL
)
(San Onofre Nuclear Generating )
Station, Units 2 and 3) )
)
MOTION TO MODIFY LICENSE CONDITION DAVID R. PIGOTT EDWARD B. ROGIN SAMUEL B. CASEY JOHN A. MENDEZ Of ORRICK, HERRINGTON & SUTCLIFFE A Professional Corporation 600 Montgomery Street San Francisco, California 94111 Telephone: (415) 392-1122 CHARLES R. KOCHER JAMES A. BEOLETTO SOUTHERN CALIFORNIA EDISON COMPANY P.O. Box 800 2244 Walnut Grove Avenue Rosemead, California 91770 Telephone: (213) 572-1212 Attorneys for Applicants, Southern California Edison Company, San Diego Gas & Electric Company City of Anaheim, California and City of Riverside, California Dated: January 14, 1983.
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0301100203 830114 PDR ADOCK 05000361
- S o3 0 PDR ,
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
SOUTHERN CALIFORNIA EDISON ) DOCKET NOS. 50-361 OL COMPANY, et al. ) 50-362 OL
)
(San Onofre Nuclear Generating )
Station, Units 2 and 3) )
)
MOTION TO MODIFY LICENSE CONDITION Southern California Edison Company, San Diego Gas &
Electric Company, City of Riverside, California and City of Anaheim, California (" Applicants"), are licensees under Facility Operating Licenses Nos. NPF-10 and NPF-15, authorized by the above Atomic Safety and Licensing Board
(" Board") in its Initial Decision of May 14, 1982 (" Initial Decision"). 15 NRC 1163. Pursuant to 10 CFR $ 2.730 and 10 CFR 5 50.47(c)(1), Applicants hereby move this Board to modify its Initial Decision to provide an additional six-month period of full power operation for San Onofre l
Nuclear Generating Station Unit Nos. 2&3 (" SONGS 2 & 3")
pending final resolution of the offsite medical services issue.
I l Procedural Background , ,
f The Initial Decision of May 14, 1982 concluded that Applicants' arrangements for offsite medical services were l
l
not adequate to meet what the Board perceived to be the standards of 10 CFR $ 50.47(b)(12). The Board also concluded that full power operation pending development of adequate medical arrangements was not precluded. The Board specifically retained jurisdiction over the medical services issue. 15 NRC 1163 at 1290.
Intervenors filed " Application for Stay of Full Power License", which was denied by the Atomic Safety and
~
Licensing Appeal Board ("ASLAB") on July 16, 1982. ALAB-680, 16 NRC .
1 The Commission declined to review ALAB-680.
However, the Commission did note the different interpretations being assigned to 10 CFR S 50.47(b)(12) by this Board and the ASLAB and certified two questions designed to resolve the interpretation of that regulation. Pending a Commission determination of the interpretation to be placed on 10 CFR S 50.47(b)(12), this Board's license condition is to remain in effect. CLI-82-14, 16 NRC .
On November 19, 1982, by Memorandum and Order CLI- 82-35, the Commission, in response to this Board's certified question requesting guidance on whether to proceed to hearing pending the Commission's determination of the interpretation of 10 CFR $ 50.47(b)(12), instructed this Board to suspend all proceedings until further order of the Commission. The Commission again stated that this Board's license condition remains in effect. 16 NRC .
2
Facility Operating License Nos. NPF-10 and NPF-15 authorize operation of SONGS 2 & 3 for a period of 5 months from the date Unit No. 2 actually exceeds 5% power pending a resolution of the medical services issue. SONGS 2 exceeded 5% power on September 17, 1982 and the five-month license period will expire February 17, 1983.
Inasmuch as proceedings to resolve the offsite medical arrangements issue are suspended and the Commission has not yet issued its interpretation of 10 CFR
$ 50.47(b)(12), Applicants cannot be assured a resolution of the issue by February 17, 1983.
The present motion is made to allow continued operation of SONGS 2 & 3 pending resolution of the medical services issue.
II Full Power Operation of SONGS 2 & 3 Will Not Pose Additional Risks To The Public Health and Safety Applicants submit that full power operation of SONC3 2 & 3 pending resolution of the medical services issue is justified and permissible providing the standards of 10 CFR $ 50.47(c)(1) are met. Assuming for purposes of argument only that the requirements of 10 CFR S 50.47(b)(12) have not yet been met, Applicants contend that 10 CFR S 50.47(c)(1) standards are met; the deficiencies articulated by th' Board are not significant for continued operation of the units and the medical services currently available constitute adequate 3
interim compensating measures pending final resolution of the issue. The Board has recognized that the probabilities of a severe, accident at SONGS 2 & 3 during any particular short period of time are extremely low and do not significantly endanger the public health and safety. Even assuming the conservative assumptions of Table 7.4 of the Final Environmental Statement, the yearly probability of a 200 rem dose to 2,000 people in the vicinity of SONGS 2 & 3 is less than one in a million. 15 NRC 1163 at 1199. Dr. Ehling, Health Officer for Orange County, testified that at least 2,000 beds vould be available in Orange County in the event of an emergency and 31,000 exposures could be accommodated on an area-wide, i.e., southern California, basis. (Tr.
9992-9994) It is also uncontroverted that in the event of excessive radiation, time is not an emergency matter. _(Tr.
7087-88, 7102-03, 7109, 7718-19, 9979, 10277-78, 10843-44)
Applicants submit that in the event of a very low prebability but severe accident, there would be ample time to take advantage of existing medical facilities which are adequate to handle the postulated number of excessive doses.
j Given the uncontroverted testimony that l
l hospitalization for an excessive dose of radiation is not I
required on an emergency basis and the fact that there would be literally thousands of hospital beds available to brovide l
necessary treatment, the lack of specific arrangements with I
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the various hospitals is not significant to continued safe operation of SONGS 2 & 3.
Applicants have specific arrangements with three hospitals in the area of San Onofre'and Orange County has emergency arrangements with thirteen hospitals. Applicants Ex. 53 at V-39; Tr. 7107-09. Assuming such are not the type of specific arrangements required under 10 CFR $
50.47(b)(12), Applicants contend they constitute adequate interim compensating measures within the meaning of 10 CFR $
50.47(c)(1).
III Conclusion Unless modified, Facility Operating License Nos.
NPF-10 and NPF-15 issued by the Director, Nuclear Reactor l
Regulation, do not authorize operation of SONGS 2 & 3 beyond February 17, 1983. Concurrent with this motion, Applicants t are submitting to the Director, Nuclear Reactor Regulation, l
License Amendment Applications seeking authorization to continue full power operation of SONGS 2 & 3 to August 17, 1983. (Copies of License Amendment Applications are attached.) Said applications are being submitted in order that the Director have before him all documentation necessary to act as requested by February 17, 1983.
ApplicantsherebymovethisBoardtoamendfits Initial Decision of May 14, 1982 to allow an additional 5
six-month period of continued full power operation of SONGS 2
& 3 pending resolution of the medical services issue.
Respectfully submitted, DAVID R. PIGOTT EDWARD B. ROGIN SAMUEL B. CASEY JOHN A. MENDEZ Of ORRICK, HERRINGTON & SUTCLIFFE A Professional Corp @ ration CHARLES R. KOCHER JAMES A.,BEOLETTO SOUTHERN CALIFORNIA EDISON COMPANY ,
By David R. Pigott Counsel for Applicants l
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BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION Application of SOUTHERN CALIFORNIA EDISON COMPANY, ET AL. for a Class 103 license to DOCKET N0. 50-362 Acquire, T6dess, and Use a Utilization Facility as Part of Unit No. 3 of the San Amendment Application Onofre Nuclear Generating Station ) No. 3 SOUTHERN CALIFORNIA EDISON COMPANY, Ej[ jM.. pursuant to 10 CFR 50.90, hereby submit knendment Application No. 3.
This amendma:t application consists of Proposed Change NPF-15-63 to Facility Operating License No. NPF-15. Proposed Change NPF-15-63 is a request to revise Section 2.C.(18) of Operating License NPF-15. The proposed change seeks to defer the l'ute to provide plans demonstrating that SCE and offsite jurisdictions have developed and stand ready to implement arrangements for medical services for members of the offsite public.
Pursuant to 10 CFR 170.22, Proposed Change NPF-15-63 contained in Amendment Application No. 3 is considered to constitute a Class I Amendment.
l The basis for the determination is that this amendment is a duplicate of Amendment Application No.17 to Operating License No. NPF-10 for Unit No. 2 at San Onofre Nuclear Generating Station.
Accordingly, the fee of $400.00 corresponding to this determination is remitted herewith as required by 10 CFR 170.22.
i ee
Subscribed on this 14th day of January , 1983.
Respectfully submitted, SOUTHERN CALIFORNIA EDISON COMPANY By: /s/ Robert Dietch Robert Dietch Vice President Subscribed and sworn to before me this 14th day of January, 1983 ,
/s/ Mollyann Wong Notary Public in and for the County of Los Angeles, State of California My Commission Expires: Nov. 9, 1984 Charles R. Kocher l
James A. Beoletto Attorneys for Southern California Edison Company By: /s/ James A. Beoletto James A. Beoletto .
SAN DIEGO GAS & ELECTRIC COMPANY By: /s/ G.D. Cotton David R. Pigott Samuel B. Casey Orrick, Herrington & Sutcliffe Attorneys for San Diego Gas & Electric Company By: /s/ David R. Pigott r
Subscribed and sworn to before me this 12th day of January 1983 .
/s/ Julie F. Kellam Notary Public in and for the City and County of derxWhagtx, California
< Los Angeles t
THE CITY OF ANAHEIM By: /s/ Gordon W. Hoyt GORDON W. H0YT Alan R. Watts Rourke & Woodruff Attorneys for the City of Anaheim By: /s/ Alan R. Watts Subscribed and sworn to before me this 10 day of Jan. 1983 ,
/s/ J. Richard Santo Notary Public in and for the County of Orange, State of Celifornia l
l . .
THE CITY OF RIVERSIDE l
By: /s/ Everett C. iloss EVERETT C. ROSS
+
Alan R. Watts Rourke & Woodruff Attorneys for the City of Riverside 4
By: /s/ Alan R. Watts Subscribed and sworn to before me this 10 day of Jan. 1983 .
/s/ J. Richard Santo-Notary Public in and for the County of
_0 range , State of California A
< NPF-15-63 Rev. 0 DESCRIPTION OF PROPOSED CHANGE NPF-15-63 AND SAFETY ANALYSIS OPERATING LICENSE NPF-15 This is a request to revise Section 2.C.(18) of Facility Operating License NPF-15.
Existing Condition Section 2.C.(18) Emergency Preparedness Conditions (18) Emergency Preparedness Conditions
- 1. Provide evidence that both meteorological towers and the Health Physics Computer System are fully installed and operational.
SCE shall maintain offsite assessment and monitoring capabilities, essentially as described in the hearing (see initial Decision,Section IV, Paragraph D.1-12, pp.136-140),
at no less than that level of readiness, pending development of satisfactory capability of offsite response Paragraph D.27, pp. 145-146, and Section V, Paragraph B, pp. 213-214). .
- 2. Provide an assessment of whether public information regarding emergency planning should also be presented in Spanish (see Initial Decision,Section IV, Paragraph F.32, pp. 168, and Section V, Paragraph C.2, pp. 215).
- 3. Provide plans demonstrating that SCE and offsite jurisdictions have developed and stand ready to implement arrangements for medical services for members of the offsite public.
Documentation of the arrangements and provisions made shall be provided to the Atomic Safety and Licensing Board as well as to the NRC staff (see Initial Decision,Section III, pp. 43-47, and Section V, Paragraph D, pp. 216-217).
- 4. Provide revised plans demonstrating that the " extended" Emergency Planning Zone (EPZ) concept has been deleted from the San Onofre onsite and offsite plans and the Plume Exposura Pathway EDZ boundary has been extended, along with siren coverage, *.o Dana Point and all of San Juan Capistrano (see Initial Decision,Section IV, Paragraph D.25, pp.98, and Section V, Paragraph C.5, pp 216; see also Order (Making Clarifying Chenge in Initial Decision) dated May 25,1982). -
- b. Completion of Emergency Preparedness Requirenents In the event that the NRC finds that the lack of progress in completion of the procedures in the Federal Emergency Management Agency's proposed rules, 44 CFR 350, 15 an indication that a major substantive problem exists in achieving or maintaining an adequate state of preparedness, the provisions of 10 CFR 50.54(s)(2) will apply.
Proposed Change Section 2.C(18) Emergency Preparedness Conditions (18) Emergency Preparedness Conditions
- 1. Provide evidence that both meteorological towers and the Health Physics Computer System are fully installed and operational.
SCE shall maintain offsite assessment and monitoring capabilities, essentially as described in the hearing (see Initial Decision,Section IV, Paragraph D.1-12, pp. 136-140),
at no less than that level of readiness, pending development of satisfactory capability of offsite response organizations (see Initial Decision,Section IV, Paragraph D.27, pp. 145-146, and Section V, Paragraph B, pp. 213-214).
- 2. Provide an assessment of whether public information regarding emergency planning should also be prasented in Spanish (see Initial Decision,Section IV, Paragraph F.32, pp. 168, and Section V, Paragraph C.2, pp. 215).
- 3. Provide revised plans demonstrating that the " extended" Emergency Planning Zone (EPZ) concapt has been deleted from the San Onofre onsite and offsite plans and the Plume Exposure Pathway EPZ boundary has been extended, along with siren coverage, to Dana Point and all of San Juan Capistrano (see Initial Decision,Section IV, Paragraph D.25, pp. 98, and Section V, Paragraph C.5, pp. 216; see also Order (Making l Clarifying Change in Initial Decision) dated May 25,1982).
i
- b. Completion of Emergency Preparedness Requirements In the event that the NRC finds that the lack of progress in completion of the procedures in the Federal Emergency Management Agency's proposed rules, 44 CFR 350, is an indication that a major-substantive problem exists in achieving or maintaining an adequate state of preparedness, the provisions of 10 CFR 50.54(s)(2) will apply.
- c. Provide Medical Services Plans By August 17, 1983, SCE shall provide plans demonstrating that SCE and offsite jurisdictions have developed and stand ready to implement arrangements for medical services for members of the offsite public. Documentation of the arrangements and provisions made shall be provided to the Atomic Safety and Licensing Board as well as to the NRC staff (see Initial Decision,Section III, pp. 43-47, and Section V, Paragraph D, pp. 216-217).
Reason for Proposed Change SCE is seeking to defer the date to provide plans demonstrating that SCE and offsite jurisdictions have developed and stand ready to implement arrangements for medical services for members of the offsite public for the following reasons:
- 1. The Initial Decision of the Atomic Safety and Licensing Board (Board) of May 14, 1982 concluded that arrangements for medical services were not adequate to meet what the Board perceived to be the standards of 10 CFR 50.47(b)(12). The Board also concluded that full power operation pending development of adequate medical i
arrangements was not precluded. The Board specifically retained l jurisdiction over the medical services issue.
- 2. The Commission noted the different interpretations being assigned to 10 CFR 50.47(b)(i.!) by the Board and the Atomic Safety and Licensing Appeal Board (ASLAB) and certified two questions designed to resolve I
the interpretation of that regulation. Pending c Commission
- determination of the interpretation to be placed on 10 CFR
( 50.47(b)(12), the Board's license condition is to remain in effect.
j 3. Da November 19, 1982, by Memorandum and Order, the Commission, in l responsa to the Board's certified question requesting guidance on whether to proceed to hearing pending the Commission's determination of the interpretation of 10 CFR 50.47(b)(12), instructed the Board l to suspend its p.oceedings until further order of the Commission.
l The Commission again stated that the Board's condition remains in l effect.
l 4. Inasmuca as proceedings to resolve the medical arrangements issue are suspended and the Commission has not yet issued its interpretation of 10 CFR 50.47(b)(12), SCE cannot be assured a resolution of the issue by February 17, 1983.
- 5. The proposed chartgt. will allow continued operation of SONGS 3 l pending resolution of the medical services issue.
- 1 1
t Safety Analysis The proposed change defers the resolution date for the medical services issue. The original timing that was established by the Board for these conditions, was assumed to be sufficient to resclve this issue, even with the possibility that a public herring would be required. However, inasmuch as proceedings to resolve the medical services issue are suspended and the -
Commission has not yet issued its interpretation of 10 CFR 50.47(b)(12),
additional time is needed for resolution of this issue. Operation of SONGS 3 pending resolution of the medical services issue is justified and permissible providing the standards of 10 CFR 50.47(c)(1) are met. 10 CFR 50.47(c)(1) standards are met; the deficiencies articulated by the Board are not significant for continued operation of the plant and the medical services currently available constitute adequate interim compensating measures pending final resolution of the issue.
Accordingly, it is concluded that: (1) Proposed Change NPF-15-63 does not present significant hazard considerations not described or implicit in the Final Safety Analysis; (2) there is reasonable assurance that the health and safety of the public will not be endangered by the proposed change; and (3) this action will not result in a condition which significantly alters the impact of the station or the environment as described in the NRC Final Environmental Statement.
DLC:6742 l
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BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION Application of SOUTHERN CALIFORNIA EDIS0N )
COMPANY, ET AL. for a Class 103 license to ) DOCKET NO. 50-361 Acquire, Fossess, and Use a Utilization )
Facility as Part of Unit No. 2 of the San ) Amendment Application Onofre Nuclear Generating Station ) No. 17 SOUTHERN CALIFORNIA EDISON COMPANY, ET AL. pursuant to 10 CFR 50.90, hereby submit Amendment Application No.17.
This amendment application consists of Proposed Change NPF-10-63 to Facility Operating License No. NPF-10. Proposed Change NPF-10-63 is a request to revise Section 2.C.(23) of Operating License NPF-10. The proposed change seeks to defer the date to provide plans demonstrating that SCE and offsite jurisdictions have developed and stand ready to implement arrangements for medical services for members of the offsite public.
Pursuant to 10 CFR 170.22, Proposed Change NPF-10-63 contained in Amendment Application No. 17 is considered to constitute a Class II Amen dment. The basis for the determination is that this change is administrative in nature and has no safety or environmental significance.
Accordingly, the fee of $1,200.00 corresponding to this determination is remitted herewith as required by 10 CFR 170.22.
Subscribed on this 14th day of January , 1983.
Respectfully submitted, SOUTHERN CALIFORNIA EDIS0N COMPANY t
By: /s/ Robert Dietch Robert Dietch Vice President Subscribed and sworn to bafore me this 14th day of January, 1983 ,
/s/ Mollyann Wong Notary Public in and for the County of Los Angeles, State of California My Commission Expires: Nov. 9, 1984 Charles R. Kocher James A. Beoletto Attorneys for Southern California Edison Company l
By: /s/ James A. Beoletto James A. Beoletto ~
I .
l i
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w SAN DIEGO GAS & ELECTRIC COMPANY By: /s/ G.D. Cotton David R. Pigott Samuel B. Casey Orrick, Herrington & Sutcliffe '
Attorneys for San R 90 Gas & Electric Company
- By: /s/ David R. Pigott Subscribed and sworn to before me this 12th day of January 1983 .
/s/ Julie F. Kellam Notary Public in and for the City and County of 6arxMkingtx, California Los Angeles 4
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- , - _ - - - -- , , , - - - - . .,, - - - , . - . , . - - - , - 1,=- - . .,
THE CITY OF ANAHEIM By: /s/ Gordon W. Hoyt GORDON W. H0YT Alan R. Watts Rourke & Woodruff Attorneys for the City of Anaheim By. /s/ Alan R. Watts Subscribed and sworn to before me this 10 day of Jan. 1983 ,
1 e
/s/ J. Richard Santo Notary Public in and f5F the County of Orange, State of California 1
i .
5
1 THE CITY OF RIVERSIDE By: /s/ Everett C. Ross EVERETT C. ROSS l
Alan R. Watts Rourke & Woodruff Attorneys for the City of Riverside i
i By: /s/ Alan R. Watts Subscribed and sworn to before me this 10 day of Jan. 1983 .
1
/s/ J. Richard Santo Notary Public in and for the County of Orange , State of California
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NPF-10-63 Rev. O DESCRIPTION OF PROPOSED CHANGE NPF-10-63 AND SAFETY ANALYSIS OPERATING LICENSE NPF-10 This is a request to revise Section 2.C.(23) of Facility Operating License NPF-10.
Existing Condition Section 2.C.(23) Emergency Preparedness Conditions (23) Emergency Preparedness Conditions
- a. Conditions of ASLB Initial Decision of May 14, 1982 Within five (5) months of initially exceeding five (5) percent power, SCE shall:
- 1. Demonstrate that both meteorological towers and the Fealth Physics Computer System are fully installed and operational.
SCE shall maintain offsite assessment and monitoring capabilities, essentially as described in the hearing (see C Initial Decision,Section IV, Paragraph D1.12, pp.136-140), at no less than that level of readiness, pending development of satisfactory capability of offsite response organizations (see Initial Decision,Section IV, Paragraph D.27, pp. 145-146, and Section V, Paragraph B, pp. 213-214).
ii. Provide an assessment of whether public information regarding emergency planning should also be presented in Spanish (see Initial Decision,Section IV, Paragraph F.32, pp. 168, and Section V, Paragraph C.2, pp. 215).
iii. Provide plans demonstrating that SCE and offsite jurisdictions have developed and stand ready to implement arrangements for medical services for members of the offsite public.
Documentation of the arrangements and provisions made shall be l provided to the Atomic Safety and Licensing Board as well as to the NRC staff (see Initial Decision,Section III, pp. 43-47, and Section V, Paragraph D, pp. 216-217).
iv. Provide revised plans demonstrating that the " extended" Emergency Planning Zone (EPZ) concept has been deleted from the San Onofre ons,ite and offsite plans and the Plume Exposure l Pathway EPZ boundary has been extended, along with siren I coverage, to Dana Point and all of San Juan Capistrano (see '
Initial Decision,Section IV, Paragraph D.25, pp.98, and Section V, Paragraph C.5, pp 216; see also Order (Making Clarifying Change in Initial Decision) dated May 25,1982).
l
,bj Completion of Emergency Preparedness Requirements In the event that the NRC finds that the lack of progress in completion of the procedures in the Federal Emergency Management Agency's proposed rules. 44 CFR 350, is an indication that a major substantive probleni exists in achieving or maintaining an adequate state of preparedness, the provisions of 10 CFR 50.54(s)(2) will apply.
Proposed Change Section 2.C(23) Emergency Preparedness Conditions (23) Emergency Preparedness Conditions
- a. Conditions of ASLB Initial Decision of May 14, 1982 Within five (5) months of initially exceeding five (5) percent power, SCE shall:
- 1. Demonstrate that both meteorological towers and the Health Physics Computer System are fully installed and operational.
SCE shall maintain offsite assessment and monitoring capabilities, essentially as described in the hearing (see Initial Decision,Section IV, Paragraph D.1-12, pp.136-140),
atnolessthanthatlevelofreadiness,%endingdevelopmentof satisfactory capability of offsite response organizations (see Initial Decision,Section IV, Paragraph D.27, pp.145-146, and Section V, Paragraph B, pp. 213-214).
ii. Provide an assessment of whether public information regarding emergency planning should also be presented in Spanish (see Initial Decision,Section IV, Paragraph F.32, pp.168, and Section V, Paragraph C.2, pp. 215).
iii. Provide revised plans demonstrating that the " extended" Emergency Planning Zone (EPZ) concept has been deleted from the San Onofre onsite and offsite plans and the Plume Exposure Pathway EPZ boundary has been extended, along with siren coverage, to Dana Point and all of San Juan Capistrano (see
, Initial Decision,Section IV, Paragraph D.25, pp. 98, and l Section V, Paragraph C.5, pp. 216; see also Order (Making Clarifying Change in Initial Decision) dated May 25,1982).
- b. Completion of Emergency Preparedness Requirements In the event that the NRC finds that the lack of progress in completion of the procedures in the Federal Emergency Management e Agency's proposed rules, 44 CFR 350, is an indication that a major substantive problem exists in achieving or maintaining an adequate state of preparedness, the provisions of 10 CFR 50.'54(s)(2) will apply.
i N
- c. Provide Medical Services Plans By August 17, 1983,,SCE shall provide plans demonstrating that SCE and offsite jurisdictions have developed and stand ready to implement arrangements for medical services for members of the offsite public. Documentation of the arrangements and provisions made shall be provided to the Atomic Safety and Licensing Board as well as to the NRC staff (see Initial Decision,Section III, pp.
43-47, and Section V, Paragraph D, pp. 216-217).
Reason for Proposed Change SCE is seeking to defer the date to provide plans demonstrating that SCE and offsite jurisdictions have developed and stand ready to implement arrangements for medical services for members of the offsite public for the following reasons:
- 1. The Initial Decision of the Atomic Safety and Licensing Board (Board) of May 14, 1982 concluded that arrangements for medical services were not adequate to meet what the Board perceived to be the standards of 10 CFR 50.47(b)(12). The Board also concluded that full power operation pending development of adequate medical arrangements was not precluded. The Board specifically retained jurisdiction over the medical services issue.
- 2. The Commission noted the different interpretations being assigned to 10 CFR 50.47(b)(12) by the Board and the Atomic Safety and Licensing i
Appeal Board (ASLAB) and certified two questions designed to resolve the interpretation of that regulation. Pending a Commission determination of the interpretation to be placed on 10 CFR 50.47(b)(12), the Board's license condition is to remain in effect.
- 3. On November 19, 1982, by Memorandum and Order, the Commission, in response to the Board's certified question requesting guidance on whether to proceed to hearing pending the Commission's determination of the interpretation of 10 CFR 50.47(b)(12), instructed the Board to suspend its proceedings until further order of the Commission.
The Commission again stated that the Board's condition remains in effect.
- 4. Inasmuch as proceedings to resolve the medical arrangements issue are suspended and the Commission has not yet issued its interpretation of 10 CFR 50.47(b)(12), SCE cannot be assured a resolution of the issue by February 17, 1983, which is 5 months from September 17, 1982, the date that SONGS 2 actually exceeded 5% power.
- 5. The proposed change will allow continued full power operation of -
SONGS 2 pending resolution of the medical services issue.
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Safety Analysis The proposed change defers the resolution date for the medical services issue. The original timing that was estaSlished by the Board for these conditions, was assumed to be sufficient to resolve this issue, even with the possibility that a public hearing would be required. However, inasmuch as 4
proceedings to resolve the medical services issue are suspended and the
- Commission has not yet issued its interpretation of 10 CFR 50.47(b)(12),
additional time is needed for resolution of this issue. Full power operation of SONGS 2 pending resolution of the medical services issue is justified and permissible providing the standards of 10 CFR 50.47(c)(1) are met. 10 CFR 50.47(c)(1) standards are met; the deficiencies articulated by the Board are not significant for continued operation of the plant and the medical services currently available constitute adequate interim compensating measures pending final resolution of the issue.
Accordingly, it is concluded that: (1) Proposed Change NPF-10-63 does not present significant hazard considerations not described or implicit in the Final Safety Analysis; (2) there is reasonable assurance that the health and safety of the public will not be endangered by the proposed change; and (3) this action will not result in a condition which significantly alters the impact of the station or the environment as described in the NRC Final Environmental Statement.
DLC:6740 O
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DECLARATION OF SERVICE BY MAIL I am over the age of eighteen years and not a party to the above-entitled cause. My business address is 600 Montgomery Street, 12th Floor, San Francisco, California 94111.
I served the foregoing MOTION TO MODIFY LICENSE CONDITION dated January 14, 1983, by depositing a true copy thereof enclosed in the United States mail, first class (or by Express Mail, where asterisked) at San Francisco, California, on January 14, 1983, enclosed in a sealed envelope with postage thereon fully prepaid, addr,essed as follows:
Stephen F. Eilperin, Esq. Dr. Cadet H. Hand, Jr.
Chairman, Atomic Safety and Administrative Judge Licensing Appeal Board c/o Bodega Marine Laboratory U.S. Nuclear Regulatory Commission University of California Washington, D.C. 20555 P.O. Box 247 Bodega Bay, CA 94923 Dr. Reginald L. Gotchy Atomic Safety and Licensing Mrs. Elizabe th B. Johnson Appeal Board Administrative Judge U.S. Nuclear Regulatory Commission Oak Ridge National Laboratory Washington, D.C. 20555 Oak Ridge, TN 37830 Dr. W. Reed Johnson Robert Dietch, Vice President Atomic Safety and Licensing Southern California Edison Co.
Appeal Board 2244 Walnut Grove Avenue l U.S. Nuclear Regulatory Commission P.O. Box 800 l
Washington, D.C. 20555 Rosemead, CA 91770 l
l James L. Kelley, Chairman Charles R.,Kocher, Esq.
Administrative Judge James A. Bholetto, Esq.
(
I Atomic Safety and Licensing Board Southern California Edison Co.
l U.S. Nuclear Regulatory Commission 2244 Walnut Grove Avenue l Washington, D.C. 20555 P.O. Box 800 Rosemead, CA 91770
- Lawrence J. Chandler, Esq.
Donald F. Hassell, Esq. Mrs. Lyn Harris Hicks Nuclear Regulatory Commission GUARD Office of the Executive Legal Director 3908 Calle Ariana Washington, D.C. 20555 San Clemente, CA 92801
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- Richard J. Wharton, Esq. Mr. Lloyd von Haden University of San Diego 2089 Foothill Drive School of Law Vista, CA 92083 Alcala Park San Diego, CA 92110 James F. Davis State Geologist Janice E. Kerr, Esq. Division of Mines and Geology J. Calvin Simpson, Esq. 1416 Ninth Street, Room 1341 Lawrence Q. Garcia, Esq. Sacramento, CA 95814 California Public Utilities l Commission Phyllis M. Gallagher, Esq.
i 5066 State Building 1695 W. Crescent Avenue San Francisco, CA 94102 Suite 222 Anaheim, CA 92801 l
- Charles E. McClung, Jr., Esq. #
24012 Calle de la Plata Atomic Safety and Licensing l l
Suite 330 Appeal Board
- Laguna Hills, CA 92653 U.S. Nuclear Regulatory l Commission
! Alan R. Watts, Esq. _ Washington, D.C. 20555 l
Rourke & Woodruff California First Bank Building Atomic Safety and Licensing 10555 North Main Street Board Santa Ana, CA 92701 U.S. Nuclear Regulatory Commission Gary D. Cotton Washington, D.C. 20555 Louis Bernath San Diego Gas & Electric Co. Samuel J. Chilk 101 Ash Street Secretary of the Commission P.O. Box 1831 U.S. Nuclear Regulatory San Diego, CA 92112 Commission Washington, D.C. 20555 Executed on January 14, 1983, in the City and Cebnty of San Francisco, State of California.
l I declare under penalty of perjury that the
! foregoing is true and correct.
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- KAREN ANDRESEN
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