ML20086M830

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Motion for Summary Disposition of Contention 24.B Re Ltrs of Agreement W/Doe & Radiation Health Coordinator on Phase II Emergency Planning.Related Correspondence
ML20086M830
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 02/13/1984
From: Mccleskey K
HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML20086M832 List:
References
ISSUANCES-OL-3, NUDOCS 8402170114
Download: ML20086M830 (7)
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,[. RELATED CORRESPONDENCE DOCKETED USHRC

, LILCOg FggryAi3D3 19a4 UNITED STATES OF AMERICA: - ~ -

NUCLEAR REGULATORY COMMISSIOli-Before the Atomic Safety and Licensing d In the Matter of )

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, LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

) (Emergency Planning (Shoreham Nuclear Power Station, ) Proceeding)

Unit 1) )

LILCO'S MOTION FOR

SUMMARY

DISPOSITION OF CONTENTION 24.B (LETTERS OF AGREEMENT WITH THE DEPARTMENT OF ENERGY AND THE RADIATION HEALTH COORDINATOR)

LILCO moves, pursuant to 10 C.F.R. $ 2.749, for summary disposition of Phase II emergency planning Contention 24.B, which addresses letters of agreement with the Department of En-ergy and the Radiation Health Coordinator.

I. Contention and Legal Standards The first paragraph of Contention 24 reads as follows:

Contention 24. LILCO has failed to obtain agreements from several of the or-ganizations, entities, and individuals for performance of services required as part of the offsite response to'an emer-gency pursuant to NUREG-0654, as follows:

Contention 24.B reads as follows:

Contention 24.B. The Plan does not include any agreements with (1) U.S. De-

, partment of Energy-Radiological Assis-l tance Program (" DOE-RAP") employees or 1

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4 (2) any outside consultant that has agreed to-fill the LERO position of "Ra-diation Health Coordinator," which iden-tify the services to be provided, the criteria for their implementation or the arrangements for exchange of information, or which obligate them to perform the functions for which they are relied upon by LILCO. In the absence of such agree-ments, there can be no assurance that the following functions can or will be imple-mented: accident or dose assessment or proj ec': ion, recommendation of protective actions to the LERO Director, ra-diological monitoring, decontamination, protection and exposure control for the public and LERO workers, ingestion path-

- way protective action recommendations or implementation, or recovery and reentry functions. Thus, there is no compliance with 10 CFR Sections 50.47(b)(9), (b)(10) and (b)(11).

The legal standards cited in Contention 24.E are the following:

10 C.F.R. 6 50.47(b)(9)

Adequate methods, systems, and equip-ment for assessing and monitoring actual or potential offsite consequences of a radiological emergency condition are in use.

10 C.F.R. 6 50.47(b)(10)

A range of protective actions have been developed for the plume exposure pathway EPZ for emergency workers and the public. Guidelines for the choice of protective actions during an emergency, consistent with Federal guidance, are de-veloped and in place, and protective ac-tions for the ingestion exposure pathway EPZ appropriate to the locale have been developed.

10 C.F.R. 6 50.4'7(b)(11)

Means for controlling radiological exposures, in an emergency, are estab-lished for emergency workers. The means l for controlling radiological exposures shall include exposure guidelines consis- l tent with EPA Emergency Worker and Life-saving Activity Protective Action Guides.

NUREG-0654, II.A.3 Each plan shall include written agreements referring to the concept of operations developed between Federal, State, and local agencies and other sup-port organizttions having an emergency response role within the Emergency Plan-ning Zones. The agreements shall identi-fy the emergency measures to be provided and the mutually acceptable criteria for their implementation,- and specify the ar-rangements_for exchange of information.

These agreements may be provided in an appendix to the plan or the plan itself may contain descriptions of these matters and a signature page in the plan may serve to verify the agreements. The sig-nature page format is appropriate for or-ganizations where response functions are covered by laws, regulations or executive orders where separate written agreements are not necessary.

NUREG-0654, II.C.4 Each organization shall identify nu-clear and other facilities, organiza-tions, or individuals which can be relied upon in an emergency to provide assis-tance. Such assistance shall be identi-fied and supported by appropriate letters-of agreement.

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II. The Basis for Summary Disposition The issue raised in Contention 24.B is that the Plan does not include agreements with (1) the U.S. Department of Energy-Radiological Assistance Program (" DOE-RAP") employees, or (2) any outside consultant that has agreed to fill the LERO position of Radiation Health Coordinator. Contrary to the al-legations in Contention 24,B, Revision 3 to Appendix B of the Plan contains a Letter of Agreement with DOE / RAP (Attachment 1). In addition, LILCO has contracted with Impell Corporation to fill the LERO position of Radiation Health Coordinator (At-tachment 2).1/ The documents embodying LILCO's agreement with Impell will be included in Appendix B o'f the LILCO plan in fu-ture revisions.

In its Letter of Agreement, dated August 10, 1983, the Department of Energy agrees to provide the support of DOE em-ployees for radiological assistance in the event of an emergen-cy at Shoreham. Impell agrees in its proposal, dated September 6, 1983, to provide personnel qualified in health physics to fill the position of Radiation Health Coordinator. LILCO ac-cepted that proposal in a purchase order dated December 6, 1983.

l 1/ ~The names of the Impell personnel who will serva.as LERO workers,_and the price terms contained in Attachment 2, have been. obscured in the copies of agreements provided in discovery I and attached to this motion, as that information'is confiden- H tial and not relevant to the subject of this litigation. j l

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III. Conclusion Contention 24.B clearly is refuted by the agreement reached with Impell (Attachment-2), and by the Letter of Agree-ment with DOE (Attachment 1) included in Appendix B of the 1

LILCO Transition Plan. These agreements satisfy the require-n:ents of 10 CFR $ 50.47(b)(9), (b)(lO), (b)-(11), and NUREG-0654, Rev. 1, Items II.A.3 and II.C.4. Accordingly, Contention 24.B raises no material issue of triable fact, and summary dis-position in LILCO's favor should be granted.

Respectfully submitted, LONG ISLAND-LIGHTING COMPANY By A/ -

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/ Jargs N.~ Ch sEman Kahy E. B. McCleske Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond,' VA. 23212 DATED: February 13, 1984 i

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4 LILCO, February 13, 1984 Annex STATEMENT OF THE MATFRIAL FACTS AS TO WHICH LILCO g CONTENDS THAT THERL IS NO GENUINE ISSUE TO BE HEARD ON CONTENTION 24.B (LETTERS OF AGREEMENT WITH DOE AND RADIOLOGICAL HEALTH COORDINATOR)

The following are material facts as to which LILCO con-tends that there is no genuine issue to be heard under Conten-  !

l tion 24.B:

1. Attachment 1 is a copy of LILCO's Letter of Agree-ment with the Department of Energy for performance of services required as part of the off.aite response to an emergency at Shoreham.
2. The Letter of Agreement with the Department of En-ergy that is Attachment 1 is included in Appendix B of the LILCO Transition Plan.
3. The Letter of Agreement with the Department of En- . .

ergy, Brookhaven Area Office, provides that DOE-RAP will pro-vide radiological assistance in an emergency.

4. Attachment 2 is a copy of Impell Corporation's pro-posal for the performance of services required as part of the offsite response to an emergency at Shoreham, and LILCO's pur-chase order accepting that proposal.
5. The agreement with Impell embodied in-the documents labeled Attachment 2 will be included in future revisions of the LILCO Transition Plan.

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6. The agreement with Impell provides that Impell em-ployees will fill the LERO position of " Radiation Health Coordinator."

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