ML20081C341
| ML20081C341 | |
| Person / Time | |
|---|---|
| Site: | River Bend  |
| Issue date: | 03/13/1984 |
| From: | Irving S, Pierce J, Watkins L JOINT INTERVENORS - RIVER BEND, WATKINS, L.B. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20081C335 | List: |
| References | |
| NUDOCS 8403140012 | |
| Download: ML20081C341 (20) | |
Text
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. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED Before the Atomic Jafety and Licensing Board O' In the Matter of s
'84 MR 13 !E0:18 Gulf States Utilities Company l '
Docket No'.' 50~438,*459 1E al-
[s (River Bend Station, Units 1 and 2 }
Pursuant to the Board's Memorandum and Order of August 30, 1983, Joint Intervenors respectfully propose the attached contentions on 1
the Emergency Plan (EP).
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Stephen M. Irving 355 Napoleon Street Baton Rouge, LA 70802 (504) 346-8774 l h (c' , , (.'(( l{ q. ..o Linda B. Watkins 355 Napoleon Street Baton Rouge, LA 70802 (504) 343-3034
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Jam W. Pierce
. . Box 23571 Baton Rouge, LA 70893 (504) 388-9574 e
8403140012 840309 PDR ADOCK 05000458 Q PDR s
CONTENTION NO. I __
PLAN INCAPABLE OF IMPLEMENTATION The plan does not provide reasonable assurance that it will operate to effectively protect the public health and safety in the event that its implementation is necessary because in numerous essential areas it provides only the barest insufficient outline of "what is to be done in an emergency, how it is to be done, and by whom, " and repeatedly recites only general statements in the nature of promises apparently to be carried out at a later date. The plan is consistently flawed through-out in this respect. Illustrative examples, include the following:
A) LPRRP, the Nuclear Energy Division will "make recommendations on appropriate protective response aimed at protecting public health and safety," page 20.
B) LPRRP, the departments of state government will "[e]stablish a department emergency organization .to include the assignment of key department personnel to emergency response, emergency management and .
department liaison activities," page 17.
C) Primary responsibilities of the various supporting organizations have not been specifically established.
D) It is not clearly and unequivocably demonstrated that each principal organization has staff to respond to and augment its initial ,
response on a continuous basis.
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- E) Approval and adoption of the attachments and enclosures have not been effected.
BASIS: 10 CFR 50.47 (b)(i); NUREG-0654. I(J), II(A)(1)(b), (e) and (3).
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CONTENTION NO. oSb' __
APPARENT' DEFICIENCIES IN PLAN The plan does not provide reasonable assurance that the EP will operate to effectively protect the public health and safety because, as admitted in the letters included with the plan, it is seriously deficient in numerous components, including (but not necessarily limited to) the following:
- a. Prompt Notification Systems
- b. Emergency Operations Center
- c. Back-up Means of Contacting Key EOC Personnel
- d. RBS Emergency Hotline and E0C Communications
- e. Letters of Agreement
- f. Special Facility Planning
- g. Emergency Implementing Procedures -
BASIS: NUREG-0654.I(J),II.
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CONTENTION NO. d RESPONSIBILITIES OF' STATE AGENCIES IMPROPERLY ASSIGNED The plan does not provide reasonable assurance that the EP will operate to effectively protect the public health and safety for the following reasons:
Certain state agencies are assigned particular responsibilities in the plan which are not within their statutory authority. In addition,
' ate agencies with certain expertise and proper statutory mandates are not charged in the plan with carrying out duties they could well accompitsh under current statutes. For example, the Department of Pubite Safety and Cor'rections are now a single state department, and the Departient of Natural Resources no longer has any responsibility for the activities cited.
This contention is further complicated by the fact that a new state department was created by the Louisiana Legislature to go into force on February 1, 1984 The new agency is called the Department of Environmental Quality, and 'it is not mentioned anywhere in the plan.
The legislation substantially reorganizes all agencies charged with primary responsibility under this plan. Furthermore, the Office of Environmental Affairs was abolished under L.R.S. 30:1150 et seq.
BASIS:
(1) NUREG - 0654, II(A), 2(b). I 3-1
(2) See admission implicit in 1.PRRP section of the plan at page 17, entitled, " Responsibilities of Departments of State Government, Part A Common Responsibilities" wherein, for example, each agency is charged with developi.ng de-tailed implementing procedures for the implementation of assigned support responsibilities.
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CONTENTION NO. db LOGISTICAL INADEQUACIES The plan does not provide reasonable assurance that the health and safety of special segments of the population within the EPZ will be adequately protected as required by NUREG-0654 II.J.10.d. For example, the plan does not satisfactorily consider the 1.ogistical
, difficulties inherent in the protection and evacuation of a) the local jail and prison populations; b) the. population of the state hospital at Jackson, LA; c) aged, crippled, sick, or hospitalized person; and, d) persons without vehicles.
BASIS: 10 CFR 50.47(b)(10). NUREG 0654-II .J.9; II'.J.10.d; II.J.10.g.
CONTENTION NO. di JUDICIAL SYSTEM ESSENTIAL The plan does not provide reasonable assurance that it will satisfactorily operate to protect the health and safety of the public because it omits any reference to an inclusion of the state judicial system as a necessary party to issue injunctions to enforce an evacuation order.
BASIS:
In the only emergency analogus to an accident at RBS in the.recent history of the State of Louisiana, i.e., the Livingston Train Derailment Disaster, the Louisiana State Police found it necessary, in order to enforce the Lt. Governor's Evacuation Order, to obtain an injunction from the state court-system against violation of the order. No mention is made in the plan for the cooperation of the state judicial system in the event of an accident at RBS. ,,
NUREG-0654,II(A) r
CONTENTION NO.
USE OF Sch00L' LUNCH PROGRAM FOOD FOR EVACUEES The plan does not provide reasonable assurance that the EP will operate to effectively protect the public health and safety in the area of the provision of food for evacuees for the reasons stated below.
The only mention in the plan regarding feeding evacuees is the i provision for use of school lunch program food stock for mass feeding.
There is no statutory authority for alternative uses of this food. The plan mentions this use under the subheading of the State Department of Education. Food earmarked for the school lunch pr.ogram may not be donated to alternative agencies. No contracts exist where by the local school boards agree to keep on hand adequate food stores for evacuees, or for the state to replenish food stores so mistakenly or illegally appropriated.
An additional aspect of this contention is that it shows that the developers of the plan have not performed a searching inquiry as to the responsibilities of the various state agencies. There is no mandate for the various state employees to perform duties as suggested by the plan.
BASIS: NUREG - 0654, II(A)(2)(b), (3) & (4).
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CONTENTION NO. h EAST BATON ROUGE PARISH PUBLIC TRANSPORTATION The plan does not provide reasonable assurance that the health and safety of transients and persons dependent on public transportation in East Baton Rouge Parish will be protected because:
A.
The plan fails to identify the major bus company operating in the parish, Capitol Transportation Company, its legal status, and physical capabilities; and, B. There is no written agreement with Capital Transportation Company identifying the emergency measures to be provided and the mutually acceptable criteria for their implementation, and specifying the arrangements .for exchange of information.
BASIS: NUREG - 0654 II (A)(1), (2), (3), and (4).
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CONTENTION NO. df STATE DEPARTMENT OF' AGRICULTURE The plan does not provide reasonable assurance that the EP will operate to effectively protect the public health and safety for the following reasons.
As of the date of this plan, the State Department of Agriculture does not have any facilities to identify and take control of agricultural products that have been contaminated during the accident. This is a state agency that does not have a statutory charge to do this monitoring and/or testing of food stuffs, and does not have trained staff and does not plan in the immediate future to acquire them. Implementation of this aspect of the plan would require new legislation of a kind not currently presented to the state legislative bodies.
BASIS: NUREG - 0654 II (2)(a) & (b).
CONTENTION f40.
STATE DEPARTMENT OF COMMERCE The plan does not provide reasonable assurances that the EP will operate to effectively protect the public health and safety for the following reasons.
The Office of Commerce'and Industry may or may not assume re- s sponsibility for establishing notification procedures to establish con:act during an accident. At a very minimum, this plan is required to be specific as to who will do what and will have full, binding authority and responsibility for the acts contemplated.
At a very minimum, the commercial and industrial establishments to be contacted should be identified in the plan as well as the means for contacting them.
BASIS: NUREG - 0654, II (A). ,,
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' SCHOOL BOARDS The plan does not provide reasonable assurance that the parish school boards that are intended to be a part of the overall response organization for Emergency Planning Zones will have the ability to evacuate children attending schools within the ten-mile EPZ, and thereby protect the health and safety of these children because the plan does not satisfactorily accoont for the following facts and circumstances:
- 1. Nearly all of the buses serving schools in West Feliciana Parish run double loads daily;
- 2. Most all, but two or three, of the school buses in West Feliciana Parish are privately owned, and these owner-drivers have families of their own for whose safety the owner-drivers will be primarily concerned;
- 3. Most of the owner-drivers in West Feliciana Parish have jobs or are self-employed in areas other than driving school buses, including agricultural pursuits, where they would not be easily communicated with and might be unavailable on short notice to satisfactorily effect a double load evacuation of the school children; and,
- 4. None of the agreements have been signed with the owner-drivers of school buses as of the date of the plan. .
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- 5. The above enumerated specific examples are true, to a greater or lesser degree, in the other parishes located in the ten-nile EPZ.
- 6. The plan does not identify, nor does it consider, the school buses which pick up children in West Feliciana Parish and carry them to certain private schools in Mississippi.
BASIS: NUREG - 0654, II(A)(1)(e), (2), (3), & (4).
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CONTENTION NO. //
DHHR, OFFICE OF HOSPITALS The plan does not provide reasonable assurance that the public health and safety will be protected in the following respects.
Relocation of hospital patients as provided in the plan is not within the statutory authority and power of the Bureau of Emergency l
Medical Services.
.The Louisiana Revised Statutes currently in effect provide the following at L.R.S. 40:10:
"10. Preparation for emergency The state health officer shall at all times keep in readiness one or more medical inspectors and nurses, medicines, clothing, bedding, appliances, tents, and other paraphernalia so as to repair to any place in the state that applies to him, when deemed necessary by the state health officer, or to any place in the state in which there is an outbreak of ccmmunicable disease, with the view of stamping it out. The legislature shall appropriate an annual sum for use by the state health officer for such emergencies. The local authorities shall keep up the work at their own expense after it has been j started, if their funds permit."
The Office of Hospitals which functions within the Department of Health i
and Human Rescurces does not have the legal authority to function for a radiological or offroad emergency. The provision creating EMS is found at L.R.S. 40:2017.10 and contains the following specific provisions:
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"2017.10 Emergency medical services program; cooperation of other state departments The Department of Health and Human Resources shall establish, maintain and operate an effective program which will provide adequate emergency medical services for persons injured on the roads and highways of the state, whether through the excessive use of alcoholic beverages or otherwise. The program shall be administered by the department, with such assistance and use of facilities of other agencies of the state and its political subdivisions as will best and most :
efficiently serve the interest of.public health and I safety of the citizens of Louisiana through the furnishing of emergency medical services deemed by the department to be best calculated to protect and preserve the health and welfare of persons injured i on the roads and highways and in emergency situations !
contributing to such injuries and report the results of such services. To this end the Department of Public Safety, the Civil Defense Agency and such other boards, commissions,-departments and igencies of the. state and its political subdivisions as the department shall deem necessary therefor shall cooperate with and assist the department, at its request.
In order to effectuate the emergency medical services -
program herein provided for, the department shall have authority to adopt and enforce rules and regulations pertaining thereto and to do and perform all things
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and acts which it deems necessary or desirable for the purpose."
Louisiana is a state that has a constitution that has been inter-preted to require specific grants of power and responsibilities to state agencies. All other powers are reserved to local government. The omission of this responsibility from DHHR's Office of Hospitals is serious. Without specific designation of authority, the Office cannot
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of its own, or by a grant from the Department of Environmental Quality (nowhere* mentioned in the plan) function as outlined in the plan.
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BASIS: NUREG-0654,II(A)(2)(b).
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s CONTENTION NO. /b EAST BATON ROUGE METROPOLITAN COUNCIL The plan does not provide reasonable assurance that the East Baton Rouge Metropolitan Council has the legal authority to carry out its responsibilities outlined in the Plan (I-D-1.a) as required by i
NUREG 0654 II A 2.b (p. 32), and to the extent that this legal authority is in question, the plan's sufficiency to protect the public health and safety is jeopardized. In particular, the East Baton Rouge Metropolitan Council does not have the legal authority to authorize emergency workers to incur exposure in excess of general public PAG's. Furthermore, many ,
emergency workers, such as those employed by the East Baton Rouge Parish School Board, the East Baton Rouge Sheriff's Department, and other agencies, i
do not come under the supervision and control of the East Baton Rouge Metropolitan Council. -
BASIS:- NUREG-0654,II(A)(2)(b).
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DOC METE
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N tiAR 13 #0:18 UNITED STATES OF AMERICA g,
NUCLEARREGULATORYCOMMISSI0II Y[kkC BEFORE THE ATOMIC' SAFETY AND LICENSING BOARD In the Matter of )
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GULF STATES UTILITIES CO., ) DOCKET NOS. 50-458
.e._t _a_l . ) 50-459
)
.(River Bend Station, Units 1 & 2) )
CERTIFICATE OF SERVICE WE HEREBY CERTIFY that copies of the Emergency Response Contentions have been served on the following, in the above captioned proceeding, by deposit in the United States mail, first class, this 9'2 day of March, s 1984 l Dr. Richard F. Cole Mr. Gustave A. Linenberger Administrative Judge Administrative Judge Atomic Safety & Licensing Atomic Safety & Licensing Board Panel Board Panel i
U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Comm. -
l Washington, D.C. 20555 Washington, D.C. 20555 -
B. Paul- Cotter, Jr., Chairman William J. Guste, Jr.
i Administrative Judge Attorney General Atomic Safety & Licensing State of Louisiana Board Panel 234 Loyola Ave.
U.S. Nuclear Regulatory Comm. 7th Floor Washington, D.C. 20555 New Orleans, LA 70112 L
I , - . - - - ,. - - - . . _
Ian Douglas Lindsey, Esq. Docketing & Service Section Staf f Attorney Office of the Secretary Department of Justice U.S. Nuclear Regulatory Comm.
7434 Perkins Road Washington, D.C. 20555 Suite C Baton Rouge, LA 70808 Troy B. Conner, Jr.
Mark J. Wetterhahn Atomic Safety & Licensing Appeal Conner & Wetterbahn Board 1747 Pennsylvania Ave., NW U.S. Nuclear Regulatory Comm. Suite 1050 Washington -D.C. 20555 Hashington, D.C. 20006 Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Comm.
Washington. D.C. 20555 I
.BY: i
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STEPHEN MVIRW,lf i Attorney At Law 355 Napoleon St.
Baton Rouge, LA 70802 504/346-8774 .
COUNSEL FOR LOUISIANA CONSUMER'S LEAGUE, INC.
LINDA B. WATKINS
! $ .\ f V) i Attorney at Law l
355 Napoleon Street '
Baton Rouge, LA 70802 504/343-3034 ,
COUNSEL FOR GRETCHEN REINECHE ROTHSCHILD
.l p JAPESA . PIERCE, JR.
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<rney at Law P. O. Box 23571 Baton Rouge, LA 70893 COUNSEL FOR LOUISIANIANS FOR SAFE ENERGY
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