ML20080R084

Advises That Util Does Not Object to ASLB Taking Official Notice of EPA Rept, Protective Action Evaluation Part II, Evacuation & Sheltering as Protective Actions Against Nuclear Accidents Involving Gaseous Release. Part I Encl

ML20080R084
Person / Time
Site:	Byron
Issue date:	10/10/1983
From:	Copeland V COMMONWEALTH EDISON CO., ISHAM, LINCOLN & BEALE
To:	Callihan A, Cole R, Smith I Atomic Safety and Licensing Board Panel
Shared Package
ML20080R087	List: ML20080R084 ML20080R110
References
NUDOCS 8310170346
Download: ML20080R084 (2)

Text

___

' 00LKETED U91PC 4

ISHAM, LINCOLN & BEALE COUNSELOR $ AT LAW T3 OCT 14 P4:54 TaRtt F'RST NATONAL PLAZ A twcaso wNois6w2 OfI L ! Of EEE ~ ~f TELE pwONt r255 CST to u*D5ISMAw ter tee 2 Tran 2 s2s. 00CKEilhG& W ns "a coetaTT tacoth ira tae EM?joNNEC{

• A.Es.i s v.

wtLtAM G etatt ises ten wAs-u os : : uv October 10, 1983 Ivan W. Smith, Esquire Dr. Richard F. Cole Administrative Judge and Administrative Judge Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Commission Washington, D.C. 20555 Dr. A. Dixon Callihan Administrative Judge Atomic Safety and Licensing Board c/o Union Carbide Corporation P.O. Box Y Oak Ridge, Tennessee 37830 Re: In the Matter of Commonwealth Edison Company (Byron Nuclear Power Station, Units 1 and 2)

Docket Nos. 50-454 and 50-455 Gentlemen:

In response to your Memorandum Regarding Official Notice dated September 20, 1983, Commonwealth Edison Company has no objection to the Licensing Board taking official notice of the EPA report entitled " Protective Action Evaluation Part II, Evacuation and Sheltering as Protective Actions This Against Nuclear Accidents Involving Gaseous Releases." Ed of report was referenced in the testimony of Mr. David D.

the Illinois Department of Nuclear Safety.

The Licensing Board's Memorandum indicated that support for the portion of Mr. Ed's testimony cited by the Licensing Board cannot be found in the referenced EPA report.the referenced As explained by Mr. Ed in the attached affidavit, Part I of report is the second part of a two part report.the report is ent The Effectiveness of Sheltering as a Protective Action (EPA Against Nuclear Accidents Involving Gaseous Releases, 8310170346 831010 Q PDR ADOCK 05000454 PDR Q

ll

Administrative Judges October 10, 1983 Page 2 i

520/1-78-001A)." Part I of the EPA report was not referenced in Mr. Ed's testimony or in the hearings. Support for some aspects of the cited portion of Mr. Ed's testimony may be found in Part I of the EPA report, rather than Part II.

Applicant regrets this overcight and any inconvenience it may have caused. For the convenience of the Licensing Board and the parties, I am enclosing a copy of Part I of the EPA report.

Please be advised that some editions of Part II of the EPA report mistakenly were published with the subtitle of Part I, although the number correctly appears on the cover as EPA 520/1-78-001B. These editions also mistakenly were published with the preface page from Part I.

The Licensing Board appears to interpret Mr. Ed's testimony to mean that the EPA report supports the " conservative" policy adopted by the State of Illinois in its protective action decision making procedure. As explained by Mr. Ed, any such inference was unintended. The " conservatism" in the State procedures is defined by the State policy and not derived from the EPA report. If Applicant has misinterpreted the Licensing Board's Memorandum and Mr. Ed's affidavit is unresponsive to the Board's concerns, Applicant would re-quest further opportunity to provide additional clarification of Mr. Ed's testimony.

Very truly yours, n b-Victor G. Copeland l One of the Attorneys for l Commonwealth Edison Company '

VGC:mbn Enclosure cc: Service List

. , , .- . - . - _ . -. .-_- ..- -.-._-.-.. - - - - , _ _ _ _ , , . _ -