ML20080C758

Memorandum on Applicability of Commission Emergency Planning Decision in San Onofre Proceeding to Palmetto Alliance & Carolina Environ Study Group Joint Emergency Planning Contention 17.Certificate of Svc Encl

ML20080C758
Person / Time
Site:	Catawba
Issue date:	08/26/1983
From:	Mcgarry J DEBEVOISE & LIBERMAN, DUKE POWER CO.
To:
References
NUDOCS 8308290267
Download: ML20080C758 (7)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 0FFCE CF SE'.;E "'-

00 Chi.IING & SEP'!!i.*

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD BRANCH b

In the Matter of )

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DUK$ POWER COMPANY, et al.

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) Docket Nos. 50-413

) 50-414

( Catawba Nuclear Stations, )

Units 1 and 2) ) ,

3 APPLICANTS' MEMORANDUM ON THE APPLICABILITY '

OF THE COMMISSION'S EMERGENCY PLANNING DECISION IN THE SAN ONOFRE PROCEEDING TO INTERVENORS' EMERGENCY PLANNING CONTENTION 17 -- --.

During the August 8, 1983 prehearing conference in this proceeding, the Board invited comments from the parties on the applicability of the Commission's decision in Southern California Edison Company, et al. (San Onofre Nuclear Generating Station, Units 2 and 3), CLI-83-10, __

NRC __ (April 4, 1983) to Palmetto Alliance and CESG's joint Emergency Planning Contention 17 (EP-17).1 (See Tr.

1059-1060; 1098-1099). The deadline originally estab-lished by the Board for submittal of these comments i

1 EP-17 asserts in pertinent part that Applicants and local and state planning offi-cials have failed to provide assurance that adequate protective actions will be taken to avoid unnecessary exposure of the population to radiation by failing to provide that radio protective drugs, specifically KI, is placed in each residence within the 10 mile EPZ, with instructions on use and purpose.

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(August 19) was changed pursuant to the Board's August 17, 1983 order (p. 2) to August 26, 1983. Applicants' posi-

> tion is set forth below.

a 10 C.F.R. 50.47(b)(12) provides that emergency re-sponse plans must include " arrangements . . . for medical services for contaminated injured individuals." In the

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Commission's San Onofre decision, it focused on the scope of the " arrangements . . . for medical services" which this regulation requires for members of the general public - .ff" in the event of an accident at a nuclear power plant. The Commission concluded that those local or regional medical facilities with which prior arrangements for treatment have been made, and those facilities capable of providing appropriate diagnosis and treatment for radiation injury and exposure, should be identified in emergency plans.

However, this decision specifically holds that "no addi-tional medical facilities or capabilities are required for the general public." CLI-83-10, slip op. at pp. 2 and 13.

The Commission's decision does not deal with the i precise question of whether" potassium iodide should be distributed to residents of the EPZ. However, the fact that the focus of this decision is considerably broader than that of Intervenors' contention does not necessarily diminish the relevance of its policy bnplications for this

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S contention. On the contrary, Applicants submit that the Commission's ruling suggests a general Commission policy

1. that the provision of additional or extraordinary medical g

services for the general public as a preventive measure

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(as, for example, the distribution of potassium iodide) should not be read into NRC emergency planning regula-j

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tions. For example, the Commission indicates that the

" underlying assumptions and structure of 10 C.F.R. $50.47" were taken into account in its decision. In this regard,  :- JT-the Commission stated:

It was never the intent of the regulation to require directly or indirectly that state and local governments adopt extraordinary measures, such as construction of additional hospitals or recruitment of substantial additional medical personnel, just to deal with nuclear plant accidents. The emphasis is on prudent risk reduction measures. The regulation does not require dedication of resources to handle every possible accident that can be imagined. The concept of the regulation is that there should be core planning with sufficient planning flex-ibility to develop a reasonable "ad hoc" re-sponse to those very serious low probability accidents which could affect the general public.

(slip op. at p. 8)(emphasis in last sentence added). i The fact that NRC emergency planning regulations do not require that every possible contingency be prepared for in developing an acceptable emergency response plan was one of the factors which resulted in the Commission's decision that " adequate medical services could be provided l l

by using existing local or regional facilities including i

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-y arrangements made specifically for onsite personnel and emergency workers." (slip op. at pp. 12-13). Applying a similar line of reasoning to the issue posed by the Intervenors, it appears that if South Carolina state public health officials continue to adhere to the view that potassium iodide should be stocked for distribution

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3 to emergency workers or in special situations to certain

. persons who may have a need to enter a contaminated area, but that it should not (unless state officials order . - CJ" otherwise) be distributed to the public generally, given the Commission's familiarity with problems such as allergic reactions to potassium iodide and possible pub-lic reliance in lieu of other protective actions, I

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the Commission Opinion in San Onofre strongly suggests that the Commission would not disturb such a policy.2 Respectfully submitted, 6 AMichael J.

it/ wMcGarry, L /1oIIIgr

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hn kwb Anne W. Cottingham ~

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j DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 (202) 857-9833

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Albert V. Carr, Jr.

Ronald L. Gibson DUKE POWER COMPANY P.O. Box 33189 Charlotte, North Carolina 28242 (704) 373-2570 Attorneys for Duke Power Company, et al.

August 26, 1983 2 The State of South Carolina Technical Radiological f Emergency Response Plan provides in section V.B. that:

1. The State through the EPD will procure adequate supplies of potassium iodide to provide a stockpile near each fixed nuclear facility to supply emergency workers and persons that are unable to readily eva-cuate a particular zone.

2. A reserve stockpile will be maintained in Columbia and be available for rapid delivery to an area as required.

3. The Commissioner of DHEC will be responsible for ordering the administration of the drug.

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DOLKETED USNRC 13 A03 26 P3 :15 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFl:E OF SELAtiA-00CKEIiN3 & SEh40 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD BRANCH In the Matter of )

}

DUKE POWER COMPANY, et al .

) Docket Nos. 50-413

) 50-414

( Catawba Nuclear Station, )

Units 1 and 2) ) _

)

e CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Memorandum On. .

The Applicability of The Commission's Emergency Planning Decision In The San Onofre Proceeding To Intervenors' Emergency Planning Contention 17" in the above captioned matter have been served upon the following by deposit in the United States mail this 26th day of August, 1983.

James L. Kelley, Chairman George E. Johnson, Esq.

Atomic Safety and Licensing Office of the Executive Legal Board Panel Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission -

Commission Wa shington, D.C. 20555 Wa shington, D.C. 20555 Dr. A. Dixon Callihan Albert V. Carr, Jr., Esq.

Union Carbide Corporation Duke Power Company P.O. Box Y P.O. Box 33189 Oak Ridge, Tennessee 37830 Charlotte, North Carolina 28242 Dr. Richard F. Foster Richard P. Wilson, Esq.

P.O. Box 4263 Assistant Attorney General j Sunriver, Oregon 97702 State of South Carolina

• P.O. Box 11549 Chairman Columbia, South Carolina 29211 Atomic Sa fety and Licensing Board Panel Robert Guild, Esq.

U.S. Nuclear Regulatory Attorney-a t-Law Commission P.O. Box 12097 Washington, D.C. 20555 Charleston, South Carolina 29412 Chairman Palmetto Alliance Atomic Sa fety and Licensing 2135 1/2 Devine Street Appeal Board Columbia, South Carolina 29205 U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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f Jesse L. Riley 854 Henley Place

• Scott Stucky Docketing and Service Section Charlotte, North Carolina 28207 U.S. Nuclear Regulatory E Commission Carole F. Kagan, Attorney Washington, D.C. 20555 2 Atomic Sa fety and Licensing Board Panel

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U.S. Nuclear Regulatory i Commission Washington, D.C. 20555

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/kaual/h J. Michael McGarry, III/ /

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• Designates those hand delivered. j i

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