ML20086M958

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Motion for Summary Disposition of Phase II Emergency Planning Contention 46 Re Continued Availability of DOE-RAP Resources.No Genuine Issue of Matl Fact Exists
ML20086M958
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 8402170161
Download: ML20086M958 (7)
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LILCO,. February 13, 1984 l

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of

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LONG ISLAND LIGHTING COMPANY

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Docket No. 50-322-OL-3

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(Emergency Planning (Shoreham Nuclear Powsr Station, )

Proceeding)

Unit 1)

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LILCO'S MOTION FOR

SUMMARY

DISPOSITION OF PHASE II EMERGENCY PLANNING CONTENTION 46 (CONTINUED AVAILABILITY OF DOE-RAP RESOURCES)

LILCO moves, pursuant to 10 CFR $ 2.749, for summary disposition of Phase II emergency planning Contention 46 con-cerning the capability of DOE-RAP and an outside consultant to provide a sustained response in the event of an emergency at Shoreham.

I.

Contention and Legal Standard Contention 46 reads as follows:

Contention 46.

The Plan does not identify an individual from DOE-RAP or from an "outside consultant" who will be responsible for assuring continuity of

-technical, administrative and material resources.

In addition, there is no as-surance that DOE-RAP or the unidentified

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i outside consultant who is to provide per-sonnel to fill the position'of " Radiation Health Coordinator" is capable of i

providing prompt'or continuous services j

(24-hour) for a protracted period.

Thus 6 170161 840213 Pm ADOCK 05000322 U

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the Plan fails to comply with NUREG 0654, Sections II.A.4, and C.1.b.

Indeed, the Plan states that "approximately eight persons" will perform the duties assigned in the Plan to DOE-RAP (Plan at 2.2-3);

there is no indication of how many indi-viduals are available to act as "Radia-tion Health Coordinator."

Even if the initial staffing for offsite monitoring and dose assessment were assumed to be adequate, there is no provision for aug-mentation of initial staffing on a con-tinuous basis as required under 10 CFR Section 50.47(b)(1) and NUREG 0654 Sec-tions II.A.1.e and A.4.

The legal standards are as follows:

10 C.F.R. 6 50.47(b)(1)

Primary reponsibilities for emergency response by the nuclear facility licensee and by State and local organizations within the Emergency Planning Zones have been assigned, the emergency responsibilities of the various sup-porting organizations have been specifi-cally established, and each principal re-sponse organization has staff to respond and to augment its initial response on a continuous basis.

NUREG-0654, II.A.l.e Each organization shall provide for 24-hour por day emergency response, including 24-hour per day manning of com-munications links.

NUREG-0654, II.A.4 Each principal organization shall be capable of continuous (24-hour) op-erations for a protracted period.

The individual in the principal organization who will be responsible'for assuring con-tinuity of resources (technical,.adminis-trative, and material) shall be specified by title.

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NUREG-0654, II.C.1.b

[S]pecific Federal resources expect-ed, including expected times of. arrival at specific nuclear facility sites.

II.

Basis for Summary Disposition In Contention 46, the intervenors allege that the LILCO Plan does not assure continuity of technical, administrative, and material resources from DOE and from the outside consultant i

providing personnel to fill the LERO position of Radiation Health Coordinator.

The capabilities of.the DOE Radiological Assistance Program (RAP) Team, responding from the Brookhaven Area Office, are described in Attachment 1,-an article entitled "The U.S. DOE Radiological Assistance Program: Personnel, Equipment and Resources."

This document, written by members of the DOE-RAP Team, summarizes that: Team's response function and capabilities.

The attached Affidavit of David Schweller, Man-ager of DOE BrookhavenLArea Office, attests to the validity of the information in Attachment 1.

The capabilities of Impell i

Corporation, the outside consultant providing personnel 1to fill the position of Radiation' Health Coordinator, are described in.1/ The attached Affidavit of William A.~Kerekes, i

Section Manager, Power Services Division of Impell, attests to i

the-validity'of the information in Attachment 2.

1/

The names of the Impell personnel who will serve as LERO workers, and the price terms. contained in Attachment 2, have been obscured in the copies of-agreements previded in discovery and' attached to this= motion, as that information is confiden-tial and not. relevant to the' subject of this litigation.

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_4 First, the contention states that the Plan does not identify the DOE-RAP person or outside consultant responsible for continuity of resources.

Revision 3 of the Plan at 3.5-2 (Attachment 3) states that the " RAP Team Captain will ensure capability _for extended response periods."

The duties of the RAP Team Captain are also explained in Attachment 1, pages 6-7.

Second, the contention suggests that DOE and Impell are not capable of assuring 24-hour response for a protracted peri-od.

To the contrary, as Attachment 1 at page 20 states, "re-sources from other DOE contractor facilities such as personnel, equipment, materials and services are available for emergency operations.

And as Attachment 2 at page 1 states:

In order to ensure that a qualified indi-vidual is available on a 24-hour basis, Impell proposes to provide a primary a~nd four alternates for this position.

.Im-pell would ensure that one of these indi-viduals would be maintained in a " ready status" at all times and that they would be made available for periodic training, as well.

Third, the numbers of DOE personnel cited in the conten-tion are for one shift only.

The DOE-RAP Teams would be capa-ble of providing additional personnel from their own staff, as well as from the "other DOE contractor facilities" mentioned above.

The DOE-RAP Teams have already shown their capability for an extended response during the Three Mile Island emergen-cy, where their presence was needed for several days.

In addi-tion, Attachment 2 indicates that five individuals from Impell are available to act as Radiation Health Coordinator; only one is needed per shift.

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III.

Cenclusion The DOE-RAP program is an est bl draw on the resources of Brookh ished program that can a

as other DOE contractor facilitieaven National Laboratory as we t

for several days was proved DOE's ability to function s.

Impell has the capability to at Three Mile Island.

In addition, diation Health Coordinator provide continuous services as Ra-sertion that DOE and the outsidThus there is no e as-a continuous response.

e consultaat are not capable of material issue of triable factAccordingly, Contention 46 ra ses no LILCO's favor should be grant d, and summary disposition in e.

Respectfully submitted LONG ISLAND LIGHTING COMPA By 42' Hunton & Williams Kathy E. B. McCleskey P.O. Box 1535 s

707 East Main Street Richmond, VA 23212 DATED:

February 13, 1984 1

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i LILCO, February 13, 1984 Annex STATEMENT OF THE MATERIAL FACTS AS TO WHICH LILCO CONTENDS THAT THERE IS NO GENUINE ISSUE TO BE HEARD i

ON PHASE II EMERGENCY PLANNING CONTENTION 46 (CONTINUED AVAILABILITY OF DOE-RAP RESOURCES)

The following are the statements of material facts as to which LILCO contends there is no genuine issue to be heard under Contention 46:

l.

Revision 3 of the LILCO Transition Plan, at 3.5-2, (Attachment 3) states that the " RAP Team Captain will ensure capability for extended response periods."

2.

As Attachment 1 at page 20 states, " resources from other LOE contractor facilities such.as personnel, equipment, materials and services are available for emergency operations 3.

The number of DOE personnel identified in the con-tention is for one shift only.

4 4.

The DOE-RAP Teams have already shown their capabil-ity for an extended resportse during the Three Mile Island emer-gency, where their presence was needed for several days.

5.

As Attachment 2 states at page 1, Impell Corpora-tion will provide personnel to fill the LERO position of Radia-tion Health Coordinator.

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6.

IMPELL has'the capability to provide a continuous, sustained fesponse by'providing one employee per LERO shift to serve as LERO Radiation Health Coordinator from among the five i

employees designated-in Attachment 2.

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