ML20079Q528

Filing of Issues of Concern to City of Philadelphia,Per ASLB 840120 Memorandum & Order.Util & State Should Be Required to Revise Emergency Plans.Certificate of Svc Encl

ML20079Q528
Person / Time
Site:	Limerick
Issue date:	01/30/1984
From:	Smolen H PHILADELPHIA, PA
To:
References
ISSUANCES-OL, NUDOCS 8402010206
Download: ML20079Q528 (13)

Text

_

3%h3 hl 000.KET NUMBER p co t imL FAC..

DOCKETED USNRC UNITED STATEii 0F AMERICA NUCLEAR REGULATORY COMMISSION . ,-

ATOMIC SAFETY AND LICENSING BOARD

'IC.

r~n9:10 E 0.=?.lip:T P -

3 BEFORE ADMINISTRATIVE JUDGES O ME-:

Lawrence Brenner, Cnairman Dr. Richard F. Cole .

Dr. Peter A. Morris I In the Matter of  : Docket Nos. 50-353-OL 50-353-OL PHILADELPHIA ELECTRIC COMPANY -

h (Limerick Generating Station,  : O p t...L u l,, is65 - M Units 1 and 2) \upy 50ji)S/4 C f

k FILING OF ISSUES OF CONCERN BY THE CITY OF PHILADELPHIA PURSUANT TO THE ATOMIC SAFETY AND LICENSING BOARDS JANUARY 20, 1984 MEMORANDUM AND ORDER CONFIRMING RULINGS MADE AT HEARINGS I. INTRODUCTION AND BASES A. Applicable Regulations 1

e The applicable regulations governing emergency planning provide, inter 9 alia, that the state of onsite and offsite emergency preparedness must " provide d reasonable assurances that adequate protective measures can and will be taken in the event of a radiological emergency." (10 CFR 550.47(a).) Moreover, guidelines for emergency onsite and offsite response plans (10 CFR 550.47(b)) p i

are specifically developed in NUREG-0654, FEMA-REP-1, Rev. 1). Protective [.

actions for the ingestion exposure pathway emergency planning zone " appropriate to the locale" must be developed. (10 CFR 550.47(b)(10).) The plans for the L ingestion pathway."shall focus on such actions as are appropriate to protect the 1 a

food ingestion pathway." (10 CFR 550.47(c)(2)). 5 I

L 8402010206 840130 5 PDR ADOCK 05000352 b o PDR  :

yb

. - .i

g ,

o . . .

4

-8 The principal exposure of immediate concern from tha ingestion a

exposure pathway would be from ingestion of contaminated water or foods such as 1

milk, fresh vegetables or aquatic foodstuffs. The duration of potential exposure could range :Ln length from hours to months. Thus, the planning effort t

' involves the identification cf major exposure-pathways from contaminated food and water and the associated control and interdiction points and methods, h r

. Contamination in the ingestion exposure pathway exposure in general represents a I j

longer term problem, although some early protective actions to minimize 1 subsequent contamination of milk or other supplies should be initiated. 9 (NUREG-0654, SI; D, 1, b, p. 9-10.) g All emergency planning zones, both the plume and ingestion exposure j

pathways, are defined as the areas for which " planning is needed to assure that  ?

p ,mpt and effective actions can be taken to protect the public in the event of =

an accident." (NUREG-0654, SI, D, 2, p. 10.) "The NRC/ EPA Task Force Report on l Emergency Planning (NUREG-0396, EPA 520/1-78-016) anticipates that State, rather than local, response organizations will be principally responsible for the y planning associated with the ingestion exposure pathway." (NUREG-0654, SI, D, 3

92, p. 11.) s'

=

E=

, 1 2

This plan must take the form of specifying that range of predetermined $

-- il responses appropriate to the locale required to protect the public. The response organizations should have "the authority and capability to take r{

B

's.

'immediate predetermined actions...." [ Emphasis supplied.] horeover, the Ej

=

a guidelines provide that-"the means by which all planning criteria are met f 1.,

n 4

h o

U "m

7. v r

.{

t

~

~

clearly be set forth in the plans. ...The plans should make clear what is to be 3 Ldone in an' emergency, how it is to be done and by whom." (NUREG-0654, $1, J, p.

29.)

NUREG-0654, $II, J, 9, p. 61, further provides that "[e]a.ch h State...shall-establish a capability for implementing protective measures based b E

upon protective action guides and other criteria. This shall be consistent with [

t the recommendations of...LilEW (DHHS/FDA regarding radioactive contamination of s; 5

human food and animal feeds published in the Federal Register of December 15, [

1976 (43 FR 58790))." 2 S

h 5

NUREG-0654, $II, J, 11, p. 64, provides that "each State shall specify [

E the protective measures to be used for the ingestion pathway, including the 5 2

nethods for protecting the public from consumption of contaminated foodstuffs.  ;.

Among other things, "the plan shall identify procedures for detecting 5

'3 contamination ~, for estimating the dose commitment consequences of unconcrolled ingestion, and for imposing protection procedures such as impoundment, decontamination, processing, decay, product diversion, and preservation."

.I Detailed and relevent maps as well as up-to-date lists of facilities which r E

regularly process milk products and other large amounts of food or agricultural ~ .;

products orginating in the ingestion pathway EPZ, but located elsewhere, shall f i

~

be maintained.

• I. '

E Pennsylvania Disaster Operations Plan, Annex E,is required to meet the y u

foregoing mandates in order to provide reasonable assurance that adequate i d

protective measures can and will be taken. 10 CFR 50.47. Appendix 17 of the t

plan purports that its purpose is "[t]o establish the means of protection of the j b

t I

.- s

. population around fixed nuclear sites from ingestion of radioactive contaminated i

food or water and to provide guidance to farmers for the protection of their livestock and harvested crops." (Appendix 17, SII, Purpose, p. E-17-1.) For

'the reasons stated below, it is submitted that the emergency plans for the City j of Philadelphia ingestion'egosure pathway EPZ do not provide reaso.nable b

?

assurance that adequate protective measures for the citizens of Philadelphia can and will be taken, and thus do not comply with the mandate of 10 CFR 50.47.  ;

n E

B. Ingestion Exposure Pathway - City of Philadelphia  ;

i h

i The ingestien exposure pathway (IEP) for Limerick includes the City of f Philadelphia whose boundaries are as close as 21 miles from the Limerick plant. 3 (Limerick SER at p. 2-1.) The City's population of 1.688 millicn people (1980 f

- Census), plus those suburbs between the City and the plant, are located in the [

E area encompassing the SE and ESE directions from the Limerick plant. The most prevalent wind directions are ESE 16% of the time and SE 11% of the time l Z

(NUREG-0974, Supp. 1, Table 5.11e, p. 5-20.) If there is an accident at 5 Limerick involving a release of radioactive material to the atmosphere, there is ij more than a 1 in 4 chance that contamination will reach parts of metropolitan Philadelphia. The overall metropolitan Philadelphia area has a population of

~

d over 4.7 million people. (SMSA value, 1980 Census.) The City area is also a t

! major distribution center for local food. The City uses water drawn from the Schuylkill and Delaware Rivers which is held in surface reservoirs in order to I i

supply the population's water needs. These are the only sources of water for  ?

I the City of Philadelphia Water Department. Due to the large population, complex _

structures, geographical limitations, and difficulty of communications, the City 5

f r

iL

of Philadelphia locale presents unique and major planning requirements in order to achieve dose reductions and in order to implement recovery processes, if it were contaminated.

i II. THE CITY'0F PHILADELPHIA'S ISSUES OF PUBLIC CONCERN Existing emergency-planning for the Cicy of Philadelphia ingestion  ;

i exposure pathway EPZ does not comply with the above-listed regulations and i a

guidelines for the following reasons. i CITY-1 The plan calls for County Emergency Management Agency assistance for sampling,' providing information, and providing assistance in control of contaminated water or food products (

Reference:

Appendix 17, $

l III.B.1), but does not provide sufficient guidance on how to g

effectuate these goals in Philadelphia. The plan dose not specify the type, number or availability of personnel required to complete these j functions. Without this demonstration the NRC/ FEMA cannot be

_ reasonably assured that adequate protective measures can and will be f

taken in the event of an radiological emergency as required by 10 CFR 950.47(a).

CITY-2' The plan assumes that each County Emergency Management Agency will

' assist the respective state agencies and " employ resources at its disposal to assist the State in implementing controls on foods, foodstuffs and water." (

Reference:

Appendix 17.'sIV.E.) However, the plan does not-specify what resources are or should be at the I i

disposal of the State and County. Without this, it is impossible to 9 ascertain whether the combined resources will be sufficient to' meet .

I

A i

l

l

~

-) .

E the needs. appropriate to the Philadelphia locale, and thus there is no t reasonable: assurance Ehat adequate protective measures can and will be  !

. taken in the event of a radiological emergency as required by 10 CFR q

$50.47(a), (b)(10) and (c)(2). l I

CITY-3 The plan provides for~ sampling and notification associated with water g i

. contamination (Appendix 17, $$III.A.2 and V.A), but does not make *f E

provisions nor provide guidance for (a) protecting existing supplies from contamination, (b) preventing the use of contaminated water, or

. (c) alternative sources of water the City of Philadelphia ingestion i

exposure pathway. Thus FEMA /NRC have no reasonable assurance that f

- prompt and effective action can be taken to protect the public. 10 h i

CFR $50.47(a), (b), (c)(2); NUREG-0654, SI, D.

5 CITY-4 The plan fails to include sampling, testing and reporting of possible contamination of aquatic life in the food chain. "

10 CFR 50.47(a) and I t

.(c)(2); NUREG-0654,-SI, D, I and 2, p. 10-11. E CITY-5 ~ The plan fails-to consider pre-exposure medical or other protective s

measures to prevent ingestion exposure of the thyroid, whole body, j E

bone marrow. 10 CFR 50.47(a) and NUREG-0654, I, D, 4, p. 14 and 17. j LCITY-6 Tne plan fails to provide reasonable or adequate guideliner, methods, h

=

5 and procedures 'for preventing the distribution and consumption of contaminated processed focd. _(

Reference:

Appendix 17, S IV and VII.)

10 CFR'50.47(a); NUREG-0654,.911, J, 9 and 11.

' CITY-7 ' The plan at Annex E, Appendix 18, regarding recovery is inadequate. f -

Although'PEMA is designated to be responsible for recovery, there are 1m no criteria or even general guidance provided to-indicate acceptable =

conditions for (a) relaxation of protective actions in the I.E.P.  ;;

a (Appendix 18, SIII.A.2),.(b) approaches to recovery in the o n

a . --

~ r #y.,,y ,.

U metropolitan area, or (c) satisfactory completion of recovery operations in the ingestion exposure pathway. (Appendix 18, SI.C.).

Thus, the plan as presently presented is not sufficiently developed so j as to assure compliance with NUREG-0654, SII, M, and FEMA " Manual of

• Protective Action Guides and Protective Actions for Nuclear Incidents" EPA-520/1-75-001, September 31 (as referenced on pp. 6 and 61 of NUREG-0654). Accordingly, the plan does not provide reasonable assurance that adequate protective measures (an and will-be taken as required by 10 CFR 50.47.

CIII-8 The plan does not clearly provide for training of personnel, exercises ,

and drills for all municipalities and localities within the ingestion exposure pathway. Thus, the plan does not provide assurance that the ingestion exposure pathway EPZ aspects of training, drills and exercises can and will be implemented as required by 10 CFR 50.47; 10 CFR 50, Appendix E, SF; and NUREG-0654, SII, N and O.

CITY-9 There is presently no agreement as required between PECO and the Commonwealth of Pennsylvania identifying "the emergency measures to be providsd and the mutually acceptable criteria for their 3

implementation" and specifying "the arrangement for exchange c' 3 information." NUREG-0654, SII, A, 3. Reference. Annex E, Appendix ~

21,Section I.D. Thus, there is no assurance that the plan can be F

=

W

.implementedlas required by 10 CFR 50.47(a) and 10 CFR 50.47(b)(3). F See also NUREG-0654, $$ II.B.9 and II.L.1.

. CITY-10 PECO Emergency Plan, Implementing Procedure EP-318, does not define -

who is responsible to do the designated measurement and calculation.

}

Nor does the procedure call for informing people downstream of their

~

potential dose. Similarly, in FP-319 (Fish Ingestion Pathway Dose),

t r

.a

a the responsibility is not specified for performing the calculation and for informing appropriate people downstream. The implementing procedures are not' adequate and thus there is nc essurance that they can and will be implemented as required in 10 CFR 50.47(a). 4 CITY-11 Implementing Procedure EP-287 calls for notifying the Philadelphia Water Department's pumping plants on the Schuylkill River but gives no information on the contamination level which warrants notification of downstream water users. Thus there can be no assurance that the public will be protected. 10 CFR 10.57(a).

' CITY-12 .The State Plan for the ingestion exposure pathway (Annex E, Appendix s

17' and related appendices) does not provide reasonable assurance that it can and will be implemented because there is no FEMA / EPA I standarized protective action guidance for exposure from foodstuffs or water, nor is there protective action guidance for exposure from radioactive material deposited on property or equipment. Chapters 3 and 4 of FEMA " Manual of Protective Action Guides and Protective Actions for Nuclear Incidents", EPA-520/1-75-001, September 1975 (revised September 1981), as referenced in NUREG-0654 are not complete.

' III. CONCLUSION For all of the foregoing reasons, the City of Philadelphia

. respectfully requests the following:

1. That the aforesaid issues and concerns be included within the scope of the instant-proceeding; and

2. That Philadelphia Electric Company and the Commonwealth of Pennsylvania be required to amend their respective plans in a manner consistent with the aforesaid concerns; and

3. Such other action as this Honorable Board deems necessary and just to ensure the safety of the citizens of Philadelphia. .

CITY OF PHILADELPHIA BARBARA MATHER City Solicitor TYLER E. kREN Divisional Deputy City Solicitor MARTHA W. BUSH Deputy City Solicitor j

HERBERT SM0LEN Deputy City Solicitor By:

HERBERT SMOLEN i

}

l.

O ei l

I i: .

~

-1 4

f CERTIFICATE OF SERVICE I hereby' certify that the foregoing Filing Of Issues Of Concern By The f

City Of' Philadelphia Pursuant To The Atomic Safety And Licensing Boards i I

. January 20, 1984 Memorandum and Order Confirming Rulings Made At Hearings were  !

a served upon the followir.a by first-class mail, postage prepaid, with service by j s

' Federal Express Mail to those on the attached service list beside whose names 3 1

appears an asterisk (*):

a T I1 .

MARTHA W. BUSH i Deputy City Solicitor i Dated: -January 30, 1984 5

E 7

?

t- r

!)

E E

E o

0 t

h i E e

L

. .- SERVICE LIST

..n.Adm.; Judge Lawrence Brenner Frank R. Romano Atomic Safety & Licensing Board 61 Ecrest Avenue

.U.S.. Nuclear Regulatory Commission Ambler, Pennsylvania 19002 Washington, 13.C. 20555 i

• Administrative Judge .i 1

Richard F. Cole Edward G. Bauer, Jr.

, Atomic Safety Licensing Board Vice-President & General Counsel U.S. ' Nuclear Regulatory Commission Philadelphia Electric Company Washington, D.C. 20555 2301 Market Street.

Philadelphia, Pennsylvania 19101

• Administrative Judge Pater A. Morric

-Atomic Satety & Licensing Board Mark Wetterhahn, Esquire U.S. Nuclear Regulatory Commission Troy B. Conner, Jr., Esquire Washint.on, D.C. 20555 Nils N. Nicholas Conner and Wetterhahn 1747 Pennsylvania Avenue, N.W.

Washington, D.C. 20006 Docketing and Service Section '

' Office of the Secretary '

U.S. Nuclear Regulatory Commission.

Washington, D.C. 20555- i Robert L. Anthony 103 Vernon Lane l Moyland, Pennsylvania. 19065 Atomic Safety & Licensing Appeal Panel.

U.S. Nuclear Rgulatory Commission '

- Washington, D.C. 20555 Phyllis Zitzer Limerick Ecology Action P.O. Box 761 Pottstown, Pa. 19464 Honorable Lawrence Coughlin House of Representatives

' Congress ..of the United States Washington, D.C. 20515 i

L Ef

=;

R;g;r B. Reynold, Jr., Esquire . Angus Love, Esquire E 324 Swede Street 101 East Main Street  ?

N rristown, Pennsylvania 19401 Norristown, PA 19401 F r

=

c  :

=

1 h Dirretor Pennsylvania Emergency Joseph H. White, III j Management _ Agency, B-151 8 North Warner Avenue g Transportation & Safety Building, Bryn Mawr, Pennsylvania 19010 Harrisburg,. Pennsylvania 17120 5 2

Marvin I. Lewis Steven P. Hershey, Esquire L Community Legal Services, Inc. E 6504 Bradford Terrace Philt.delphia, Pennsylvania 19149 5219 Chestnut Street i

' Philadelphia, PA 19139 g a

!5 L

E E

Fr deric M..Wentz  !

Ccunty Solicitor

• Zori G. Ferkin E Ctunty of Montgomery Assistant Counsel $

t .. Courthouse -

Governor's Energy Council E Norristown, Pennsylvania 19404 1625 North Front Street  !

P.O. Box 8010 E i -

Harrisbung, Pennsylvania 17125 h a

l Eugsne J. Bradley ...

( Philadelphia Electric Company Robert J. Sugarman, Esquire E

. Associate. General Counsel Sugarman and Denworth -

2301 Market Street Suite 510, North American Building [:

121 S. Broad Street L

- Philadelphia, Pa. 19101 g; Philadelphia, Pennsylvcnia 19107  ?

% I'

> - =t

! Thomas Gerusky, Director 1 Buratu of Radiation Protection, DER l P.O. Box 2357 L l Htrrisburg, Pennsylvania 17120 _

2:

G-t a

r l

m

7 w-iii r.s Charles W. Elliot, Esquire Mr. Marvin I. Lewis 2

1101. Building j.y E:ston, Pennsylvania 18042 6504 Bradford Terrace g Philadelphia, Pa. 19149 ':

d 1

q b =

b Jacqueline I. Ruttenberg Thomas Gerusky, Director F K yatone Alliance 3700 Chestnut St. 3ureau of Radiation Protection Dept. of Environmental Resources Philadelphia, PA 19104~ 5th Floor, Fulton Bank Bldg.

i Third & Locust Streets Harrisburg, Pa. 17120 -

1.,

a EE Sp;oce W. Perry, Esquire . Director, Pennsylvania Emergency Associate General Counsel j{

Management Agency ri:.;

Fcdural Emergency Management Agency Basement, Transportation &

R oa 840 J 500 C St., S.W. Safety Building  ?

Harrisburg, Pa. 17120 L

- Washington, D.C. 20472 2:

. i5

• B:njemin H. Volger (Addressee Only) Mr. J.T. Robb, N2-1 S 0.E.L.D. g Philadelphia Electric Company M U.S. Nuclear Regulatory Commission 2301 Market Street W:shington, D.C. 20555 Philadelphia, Pa. 19101 @

y

..=

h 5..

U.S. Nuclear Regulatory -.

Commission Region I '

j

=)

'631 Park Avenue -

King of Prussia, Pennsylvania 19406 N

5. . .

Mr. Vincent Boyer f5 Senior Vice President '

Nuclear Operations =

~

Philadelphia Electric Company 1 2301 Market Street "

Philadelphia, Pa. 19101 m

fid IE e

[:;

Y.

'..