ML20079R159

Reply to Intervenor 830606 Briefs on Status of Medical Svcs Issue.Further Hearings Unjustified Since Commission Already Ruled on Adequacy of Onsite Medical Svcs.Declaration of Svc Encl

ML20079R159
Person / Time
Site:	San Onofre
Issue date:	06/17/1983
From:	Pigott D ORRICK, HERRINGTON & SUTCLIFFE, SOUTHERN CALIFORNIA EDISON CO.
To:
References
ISSUANCES-OL, NUDOCS 8306220084
Download: ML20079R159 (8)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Q ih 3DN 2o $83 > Cjf BEFORETHEATOMICSAFETYANDLICENSINGBARD$ ff s

i:N In the Matter of )

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SOUTHERN CALIFORNIA EDISON ) DOCKET NOS. 50-361 OL COMPANY, et al. ) 50-362 OL

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(San Onofre Nuclear Generating )

Station, Units 2 and 3) )

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APPLICANTS' REPLY TO INTERVENORS' BRIEF ON STATUS OF MEDICAL SERVICES ISSUE 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: June 17, 1983.

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! 8306220084 830617 l PDRADOCKOSOOO3g Q

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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 , e t _al .

) 50-362 OL

)

(San Onofre Nuclear Generating )

Station, Units 2 and 3) )

)

APPLICANTS' REPLY TO INTERVENORS' BRIEF ON STATUS OF MEDICAL SERVICES ISSUE I

INTRODUCTION On April 4, 1983, the Nuclear Regulatory Commission issued its Memorandum and Order (CLI-83-10) further defining the extent of offsite medical services required by 10 CFR

50. 47 (b) (12) . Pursuant to this Board's Memorandum and Order of April 12, 1983, the interested parties hereto on June 6, 1983 filed briefs stating their position as to whether Applicants met the requirements of 10 CFR 50.47 (b) (12) .

j Pursuant to the Memorandum and Order of April 12, 1983, Applicants hereby reply to Intervenors' brief.

II APPLICANTS HAVE MET THE REQUIREMENTS OF 10 CFR 50.47 (b) (12) AS INTERPRETED BY THE COMMISSION

1. Intervenors recognize that under the Commission's interpretation of 10 CFR 50.47 (b) (12) , the medical arrangements for onsight personnel will form the basis for treatment of

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sindividuals located offsite who may be traumatically injured  ;

and contaminated as a result of a radiological accident. l This Board previously found the onsite medical services at San Onofre 2 and 3 to be adequate. (Initial Decision, 15 NRC 1163, 1245.) The Commission now has determined that if such ,

I onsite services are adequate, they are also adequate to form I

the basis for offsite medical services. Intervenors may not now be allowed to raise as a new issue, that which the

, Commission has just determined, i.e., the adequacy of onsite medical services to form the basis for offsite medical services. Given this Board's finding on the adequacy of

onsite medical arrangements, there is no reason-to revisit that issue and Intervenors' request for further hearings is unfounded.

The Commission has determined that no additional medical facilities need be constructed nor special training programs be instituted. The Commission has concluded:

" Diagnosis and treatment could take place at most medical facilities." (CLI-83-10.) The hospitals referenced in the Orange County and San Diego County plans are accredited j hospitals with-nuclear medicine departments. Such information is sufficient to meet the requirements of 10 CFR 50.47 (b) (12) .

l The hospitals identified, including the three under contract with Applicants, provide an adequate basis for an ad hoc response to a radiological emergency.

2. Intervenors complain that the offsite juris-dictions should be advised which medical facilities are 2

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available for treatment of persons contaminated and traumati-cally injured.- Applicants submit that such information has been conveyed to the offsite jurisdictions.- (cf. Applicants' Motion to Augment Record, Attachments 3, 4, 5 and 6.)

Applicants are encouraging the offsite agencies, to the extent they have not already done so, to include the additional infor-mation available with respect to medical facilities in their plans.

3. Intervenors suggest a detailed survey of hospitals be made that will identify hospitals capable of providing care for contaminated individuals and that such a listing be included in the plans of the offsite jurisdictions.

Applicants submit that Intervenors' suggestion has already been implemented. Both San Diego County and Orange County, which have the overall responsibility for public health activities, have incorporated-into their plans a list of available medical facilities. San Diego County lists seven hospitals and Orange County lists twenty-one hospitals.

(Applicants' Motion to Augment Record, Attachments 1 and 2.)

4. Intervenors maintain that SOP's and implementing procedures should be drafted with respect to the use of available medical facilities. The Commission has determined that identi-fication of available medical facilities for use on an ad hoc basis satisfies 10 CFR 50.47 (b) (12) . Applicants submit that the responsible offsite jurisdictions, San Diego and Orange Counties, as part of their existing plans, have formulated procedures that would allow for orderly use of the listed 3

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hospitals and have exceeded the regulatory requirements.

(Applicants' Motion to Augment Record, Attachments 1 and 2.)

5. Applicants object to Intervenors proposed license condition as unnecessary. As previously described, available medical facilities have been identified. The San Diego County and Orange County plans specifically identify the overwhelming majority of the hospitals in the area. It should also be noted that with respect to the Orange County plan, the listing is contained as part of an Interjurisdictional Procedure which is distributed to all Orange County jurisdictions for mutual support in the event of an emergency. Further, since it is the County responsibility to plan for public health services, it is unnecessary to require, as a license condition, inclusion of the listing in the San Juan Capistrano and San Clemente plans. It is anticipated that such a listing will occur and Applicants are encouraging such a listing. It should not, however, be raised to the level of a license condition. The failure of an offsite jurisdiction to include a listing of known hospitals should not be allowed to poten-tially impact plant operations.

, III CONCLUSION Applicants submit that based on the record in this proceeding as modified by the attachments submitted as a l

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part of Applicants' Motion to Augment Record, the requirements of 10 CFR 50.47 (b) (12) are satisfied.

Dated: June 17, 1983.

Respectfully submitted, DAVID R. PIGOTT EDWARD B. ROGIN SAMUEL B. CASEY JOHN A. MENDEZ Of ORRICK, HERRINGTON & SUTCLIFFE A Professional Corporation CHARLES R. KOCHER JAMES A. BEOLETTO SOUTHERN CALIFORNIA EDISON COMPANY DAY!D R. M9M By David R. Pigott Counsel for Applicants 5

DECLARATION OF SERVICE BY MAIL i

I am over the age of eighteen years and not a '

l party to the above-entitled cause. My business address is l 600 Montgomery Street, 12th Floor, San Francisco, California 94111.

I served the foregoing APPLICANTS' REPLY TO INTERVENORS' BRIEF ON STATUS OF MEDICAL SERVICES ISSUE and DECLARATION OF FRED K. MASSEY IN SUPPORT OF APPLICANTS' MOTION TO AUGMENT RECORD, both dated June 17, 1983, by 2

depositing true copies thereof enclosed in the United States mail, first class, at San Francisco, California, on June 17, 1983, enclosed in a sealed envelope with postage thereon fully prepaid, addressed 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. Elizabeth B. Johnson Appeal Board Administrative Judge U.S. Nuclear Regulatory Commission Oak Ridge National Laboratory Washington, D.C. 20555 Oak Ridge, TN 37830 i

i. 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 Washington, D.C. 20555 Rosemead, CA 91770 James L. Kelley, Chairman Charles R. Kocher, Esq.

Administrative Judge James A. Beoletto, Esq.

j Atomic Safety and Licensing Board Southern California Edison Co U.S. Nuclear Regulatory Commission 2244 Walnut Grove Avenue Washington, D.C. 20555 P.O. Box 800 Rosemead, CA 91770 Lawrence J. Chandler, Esq.

t 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 i

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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 Commission Phyllis M. Gallagher, Esq.

5066 State Building 1695 W. Crescent Avenue San Francisco, CA 94102 Suite 222 Anaheim, CA 92801 Charles E. McClung, Jr., Esq.

24012 Calle de la Plata Atomic Safety and Licensing Suite 330 Appeal Board

, Laguna Hills, CA 92653 U.S. Nuclear Regulatory Commission Alan R. Watts, Esq. Washington, D.C. 20555 Rourke & Woodruff California First Bank Building Atomic Safety and Licensing 10555 North Main Street Board Santa Ana, CA 92701 U.S. Nuclear Regulatory Commission James C. Holcombe Washington, D.C. 20555 Louis Bernath San Diego Gas & Electric Co. Samuel J. Chilk 101 Ash Street Secretary of the Commission San Diego, CA 92101 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Executed on June 17, 1983, in the City and County of San Francisco, State of California.

I declare under penalty of perjury that the foregoing is true and correct.

L KAREN ANDRESEN 2

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