ML20091J474

Discusses 840518 Meeting Re Emergency Planning Contentions. Amends Will Be Developed to Address Issues Raised in 12 Listed Contentions.Certificate of Svc Encl.Related Correspondence

ML20091J474
Person / Time
Site:	River Bend
Issue date:	05/31/1984
From:	Mcneill J LOUISIANA, STATE OF
To:	Cole R, Cotter B, Linenberger G Atomic Safety and Licensing Board Panel
References
NUDOCS 8406050523
Download: ML20091J474 (7)

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htttte of Tottisitutet D EPARTt4 CNT O F JUSTICC LAN D S A'N D N ATU R A L R C SO U RC CS DIVISIO N 7434 PER.6NS ACAD WaLu AM J. Gusic.Ja' Maion hngt.Konisi2nta 70808 ****'"'

avvo. r,.c.c. 6 N 'QW" JE 'O' 2>,g-esio May 31, 1984 r- .. ,,

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Mr. B. Paul Cotter, Jr., Chairman Dr. Richard F. Cole Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Board Panel Licensing Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Mr. Gustave A.,Lindenberger Administrative Judge Atomic Safety and Licensing Board Panel e U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: In The Matter of Gulf States Utilities 5.

Company (River Bend Station, Units 1 & 2) T' Docket Nos. 50-458 and 50-459 Gentlemen:

Or May 2, 1984, a conference was held to discuss various matters related to the above licensing proceedings. -

One matter agreed up6n was that a meeting should be held on May 18, 1984 and May 21, if necessary, to discuss the emergency planning contentions. A report was to be submitted by me on, or before today; this is that report.

The. meeting was held on May 18, 1984 at the offices of the. Department of Environmental Quality, Louisiana Nuclear Energy Division. At the conclusion of the meeting it was

~ decided that no continuation on May 21 would be nececsary.

8406050523 840531 PDR ADOCK 050004Se O , .__ PDR --

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', .s Page 2 It is my opinion that the meeting went well and that many' issues were clarified. There was no specific agreement reached on any contention. However, there seemed to be a consensus on some as to the action needed, or the direction to be taken. After certain steps have been taken, by way of amending the plan, it may be that the objections raised by certain of the contentions will have( addressed.

Contention No. 1, covers a lot of areas, but certain 4

of the matters addressed therein may.have been resolved.

After corrective language has been drafted it will be ,

b circuia.ted for comment. Some of the questions dealt with in  :

T No.1 also are raised in No. 2.

Contention No. 2, lists certain items referred to in letters filed by various agencies in the plan. These involve, to a large extent, implementation- procedures which are still being developed.

Contention No. 3, addresses.the fact that certain agencies have recently undergone name changes, and the plan '

will need to be amended to reflect this. ,, ,

Contention No. 4, addresses.the manner in which cer ta.in populations, to-wit: (a) jail, (b) hospital (c) aged, crippled, sick and (d) persons without vehicles. The 1

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provisions for these populations were discussed, and, after some clarification in the plan, these arrangements may prove acceptable.

Contention No. 5, addresses a perceived need to specifically include the judicial branch in the plan. The issue turns on whether provisions should be made for seeking an injunction,,in addition to an executive order, in the event of evacuation. Although I am not totaly convinced 'that such an inclusion is necessary, we are considering whether language '

changes would be useful.

Contention No. 6, addresses the propriety of using ).

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" school lunch program" f ood to f eed ref ugees. It seems that >

an entirely different USDA food stock was intended and

-language changes should remedy this.

Contention No. 7, relative to East Baton Rcuge .

Public Transportation. was discussed and amendments will be made.

Contention No. 8, addressed the issue of the Louisiana Department of Agriculture's role in handling of

-suspected contamination of food stocks. Clarifying language changes are being drafted.

One misunderstanding was cleared up: Agriculture is to point out the food stocks which

Page 4 may have been exposed to contamination. The Nuclear Division will be in charge of testing and decontamination, as appropriate.

Contention No. 9, addresses notification of industrial and commercial establishments by the Louisiana Department of Commerce and Industry. This is being studied to determine what language changes may be needed, in order to ensure adequate notification.

t Contention No. 10, addresses the issue of school buses to be used .in an evacuation. We are gathering .

information on the private buses and are reviewing this 4 '-

question.

Contention No. 11, addresses the need for legislation to allow for the contracting by the state for emergency medical services (and possibly other emergency needs). The applicant is of the opinion that no legislation is needed, intervenor f eels it is. I am still not persuaded either way, but f eel it is a serious question, and I hope to have a proposed answer soon. ..

Contention No.12, involves the legal authority of {

the East Baton Rouge Metropolitan Council to carry out its responsibilities. This raises the serious question of i

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Page 5 authority to authorize emergency workers to incur exposure in excess of that allowed for the general public. It raises the further question of agencies who do not come under the council's authority. As to the first point, we are going to check with the council and make sure this is addressed. On the second point, we are studying whether some change ia justified for clarification.

We will continue to develop amendments to the plan e

to address the issues raised in the contentions. As we complete the amendments we feel are necessary on a particular ,

e contention, we will circulate a draf t for comments, or meet  ; '.

again, as appropriate. After comments are considered, these amendments will be submitted to the Secretary of the Louisiana Department of Environmental Quality for her review and consideration of scheduling public hearings, as appropriate, prior to submission to FEMA.

In the event we feel that any particular contention does not merit a change in the plan, we will assign reasons and serve them on the service list. ,.

I would like to emphasize the f act that there are

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certain aspects of the plan that can be amended f airly soon; others will involve -an ongoing evolutionary process. At any

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. . i Page 6 stage of the proceedings, the State of Louisiana invites comments and suggestions from anyone that may improve the plan.

In all, I think our meeting was positive and useful.

I am in hopes that at least some of the contentions can be resolved expeditiously to the satisf action of all, and in a manner that wi11 provide maximum safety for our citizens.

Sincerelv,. -

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, f 'J . DAVID McNEILL, III N~.,_ )

Assistant Attorney General 4. ,-

JDM,III/ck cc: Service List Secretary Patricia Norton Deputy Secretary B. Jim Porter Louisiana Nuclear Energy Division-e

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wag-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '84

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,BESORE THE ATOMIC SAFETY AND LICENSIJM _ BOARD '48 s:

In the Matter of CWlg.C='g  ; ,

GULF STATES UTILITIES CO., Docket Nos. 50-458 et al 50-459 (River Bend Station, Units 1 & 2)

I CERTIFICATE OF SERVICE ]

I hereby certif y that copies of the " Report on meeting held on May 18,198A" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, this 31th day of May, 1984: I e

Dr. Richard F. Cole James W. Pierce, Jr., Esq.

Mr. B. Paul Cotter, Jr. Post Office Box 23571 Mr. Gustave A. Lindenberger Baton Rouge, LA 70893 ,

Administrative Law Judges g Atomi'c, Safety and Licensing H. Anne Plettinger  ;*

Board Panel 712 Carol Marie Dr. f U.S. Nuclear Regulatory Baton Rouge, LA _70806 Commission Washington D.C. 20555 Linda B. Watkins .

Stephen Irving Attorneys-at-Law Gretchen R. Rothschild 355 Napoleon Street

• Louisianians for Safe Energy Baton Rouge, LA 70802 1659 Glenmore Avenue ,,

Baton Rouge, Louisiana 70808 Atomic Safety and Licensing Appeal Board Troy B. Conner,'Jr., Esq. Atomic Safety and Licensing Mark J. Wetterhahn, Esq. Board Panel Conner & Wetterhahn United States NRC 1747 Pennsylvania Avenue, N.W. Washington, D.C. 20555 Suite 1050 . ..

Washington, D.C. 20006 Docketing and Service-Section James E. Booker Office of the Secretary Gulf States Utilities -oriih United States NRC 2055 Post Office Box 29 .

) Washingt D.C. f Beaumont, Texas 701 / r >

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