ML20072L392
| ML20072L392 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 03/29/1983 |
| From: | Reynolds N DEBEVOISE & LIBERMAN, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | |
| References | |
| NUDOCS 8303310272 | |
| Download: ML20072L392 (6) | |
Text
{{#Wiki_filter:! \\\\I 1] A v March 29, 1983 ?: So # 9 m 943 dy 4: y. ' 7f. UNITED STATES OF AMERICA A/,N es NUCLEAR REGULATORY COMMISSION ' BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) ) TEXAS UTILITIES GENERATING ) Docket Nos. 50-445 COMPANY, _et _al. ) 50-446 ) (Comanche Peak Steam Electric.) (Application for Station,' Units 1 and 2) ) Operating Licer APPLICANTS' RESPONSE TO BOARD QUESTIONS REGARDING EMERGENCY PLANNING By Memorandum and Order of March 9, 1983, the Ator Safety and Licensing Board (" Board") documented the results of a March 8 conference call regarding matters related to the resumption of hearings scheduled for April 4, 1983. During that conference call, the Board questioned whether there was any need to hold open the record for the intro-duction of~ final findings of the Federal Emergency Manage-ment Agency (" FEMA") regarding offsite emergency prepared-ness. As discussed more fully below, Texas Utilities Generating Company, et al. (" Applicants") maintain that the 1 record need not be held open to receive such findings. In this proceeding, only Contention 22 raises issues ~ related to offsite emergency preparedness. In response to i this contention, witnesses from FEMA provided testimony and were subject to cross-examination by all parties and r r303310272 830329 PDR ADOCK 05000445 O PDR
o 7 9 questioning by the Board. Such testimony was based on FEMA's review of offsite emergency preparedness, including state and local emergency response plans. FEMA's continu-ing review of this area will eventually result in prepara-tion of its final findings. However, the final FEMA find-ings must, in part, be based on FEMA's review of the final emergen'cy exercise involving both offsite and onsite emer-gency response personnel. Tr. 5723. Indeed, based on its policy (shortly to be codified), FEMA cannot issue its final findings until after review of the emergency exer-cise. 44 C.F.R. 350.8( f) (proposed), 47 Fed Reg. 36386, 36391 (August 19, 1982). See 4'7 Fed. Reg. at 36388, where FEMA states that the provisions of the proposed rule 44 C.F.R. Part 350 are intended to be FEMA policy until the ~ final rule is issued. See also Tr. 5723-4, where a FEMA witness stated that the process of preparing final FEMA findings would follow that set forth in the proposed rule ' referenced above. In short, it is clear that FEMA's final findings are, in part, based on, and cannot be issued until after the emergency response exercise now scheduled to be conducted in October 1983. The NRC has promulgated regulations which address the extent of Licensing Board review required for decisions regarding offsite emergency planning issues. 47 Fed. Reg. 1 a
o y 30232 (July 13, 1992). The Commission stated there that "the rule changes clarify that the emergency preparedness exercises are not required for a Licensing Board, Appeal Board, or Commission licensing decision." 47 Fed. Reg. at 30233. As noted above, the emergency exercise must be conducted before (and constitutes an integral part of) the final FEMA. findings. Thus, for this Board to await final FEMA findings before issuing a final decision on the operating license application would be contrary to these Commission regulations. Accordingly, the Board should not await issuance of final FEMA findings before rendefing its decision regarding Contention 22.* Applicants are cognizant of the Licensing Board decision in Cincinnati Gas and Electric Co. (William H. Zimmer Nuclear Power Station, Unit-1), NRC Memorandum and Order (slip op. at p.
- 5) (August 24, 1982), where the Licensing Board stated that the Board's findings re-garding issues in controversy involving offsite emer-gency preparedness would have to be delayed pending review of final FEMA findings.
However, in that case j the initial FEMA findings and testimony in support of those findings were totally inadequate and without a reasonable basis of support. Id. (slip op, at pp. 6-7). I Thus, the Licensing Board there stated that "the absence of any basis for the FEMA witnesses' opinions led this l Board to discount FEMA's testimony in its initial deci-sion and for us to conclude that we would not issue an I operating license until its final findings related to I the contentions had been filed and reviewed." -Id. (slip i op. at p. 7). In requiring final FEMA findings prior to making the Board's ruling regarding emergency planning contentions, the Board stated that "we wish to emphasize again that our holding is limited to the facts of this case which, we believe, are significantly different from j other emergency planning proceedings." Id. (slip op. at l (footnote continued) l l l l l
o j . Respectfully submitted, b* Y A Nicholas S. Naynolds-DEBEVOISE & LIBERMAN 1200 Seventeenth Street, -N.W. Washington, D.C. 20036 (202) 857-9800 Counsel for Applicant's March 29, 1983 l (footnote continued from previous page) l
- p. 11).
Applicants submit that in the Comanche Peak proceeding, FEMA's testimony with regard to offsite emergency preparedness is complete, comprehensive and clearly has a reasonable supporting basis. In short, circumstances which resulted in the Zimmer holding are not present here. I l
o CD q t f v 4 pxwe aec m b MAR 30.1985 > I~J g. //j ~ s ~ Amce0(theh g asm UNITED STATES OF AMERICA y NUCLEAR REGULATORY COMMISSION Os BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) ) TEXAS UTILITIES GENERATING ) Docket Nos. 50-445 and COMPANY, _et _al. ) 50-446 (Comanche Peak Steam Electric ) (Application for Station, Units 1 and 2) ) Operating Licenses) CERTIFICATE OF SERVICE I hereby certify that copies.of the foregoing " Applicants' Response To Board Questions Regarding Emergency Planning," in the above-captioned matter were served upon the following persons by express delivery (*) or deposit in the United States mail, first class postage prepaid, this 29th day of March 1983, Hor by hand delivery (**) on the 30th day of March 1983: 00 Marshall E. Miller, Esq. Chairman, Atomic Safety and Chairman, Atomic Safety and Licensing Board Panel Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555
- Lucinda Minton, Esq.
- Dr. Walter H.~ Jordan Atomic Safety & Licensing Member, Atomic Safety and Board
( Licensing Board U.S. Nuclear Regulatory 881 W. Outer Drive Commission f-Oak Ridge', Tennessee 37830-Washington, D.C. 20555 l
- Dr. Kenneth A. McCollom
- Marjorie Ulman Rothschild, Esq.
Dean, Division of Engineering Office of the Executive Architecture and Technology Legal Director ' Oklahoma State University U.S. Nuclear Regulatory Stillwater, Oklahoma 74074 Commission Washington, D.C. ,20555 l Mr. John Coilins j Regional Administrator, Chairman, Atomic Safety and l Region IV Licensing Appeal Panel U.S. Nuclear Regulatory U.S. Ndclear Regulatory Commission Commission 611 Ryan Plaza Drive Washington, D.C. 20555 Suite 1000 Arlington, Texas 76011
E -{-
- David J.
Preister, Esq. Mr. Scott W. Stucky Assistant Attorney General Docketing & Service Branch Environmental Protection . U.S. Nuclear Regulatory Division Commission P.O. Box 12548 . Washington, D.C. 20555 Capitol Station Austin, Texas 78711
- Mrs. Juanita Ellis President, CASE 1426 South Polk Street Dallas, Texas 75224' Y. 2. Etamdl.&
Nicholas S$ Reynolds cc: Homer C. Schmidt Spencer C. Relyea, Esq. b e e .}}