ML20091L069

Response to Revised Issues of Concern of City of Philadelphia Re Emergency Planning.City Revised Issues Not Appropriate for Litigation in Instant Proceeding.Certificate of Svc Encl

ML20091L069
Person / Time
Site:	Limerick
Issue date:	06/04/1984
From:	Ferkin Z PENNSYLVANIA, COMMONWEALTH OF
To:
References
NUDOCS 8406070315
Download: ML20091L069 (18)

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UNITED STATES OF AMERICA 7 NUCLEAR REGULATORY COMMISSION '64 g, ND:31 I

Before the Atomic Safety and Licensing Board l In the Matter o."

Philadelphia Electric Company )

(Limerick Generating Station, ) Docket Kos. 50-352, Units 1 and 2) ) 50-353 COMMONWEALTH OF PENNSYLVANIA'S RESPONSE TO " REVISED ISSUES OF CONCERN OF THE CITY OF PHILADELPHIA IN THE AREA 0F EMERGENCY PLANNING" Pursuant to the Licensing Board's oral di. ective on the record of this proceeding (Tr. 9894), the Commonwealth of Pennsylvania hereby responds to the City of Philadelphia's revised issues of concern regarding offsite emergency planning.

CITY-1 CITY-1 contends that the Commonwealth's energency

, response plan for Limerick does not provide adequate assurance thst the public in the ingestion exp;sure pathway emergency planning zone (EPZ) will be protected from

'co'nsumption of contamikated foodstuffs for the reason that the State, plan does not identify the access control points (ACP) surrounding the Limerick plume exposure pathway EPZ and does not assure that those ACPs "will be adequate "

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8 x a Page two CITY-1, in the Commonwealth's view, is limited in scope to one particular matter, as explained herein. In negotiations between the City and the Commonwealth on offsite emergency planning issues, the City raised the hypothetical circumstance where an open, uncovered vehicle carrying raw agricultural products might be traveling in the plume exposure pathway EPZ at the time a general emergency is declared, and that such a vehicle might exit .

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the plume EPZ and bring possibly contaminated products into the City. Accordingly, ar noted ir, the City's April 23, 1984 " Status Report" on emergency planning issues, the Commonwealth agreed to incorporate in its planning a procedure whereby all open, uncovered trucks containing raw agricultural products would be stopped at access control points surrounding the plume EPZ. State personnel at the AC Ps would then contact the state Department of Agriculture, which would dispatch appropriate staff to that I

ACP to sample the raw agricultural products for >

radioactivity and dispose of such products in accordance with established procedures. The Commonwealth therefore reads CITY-1 as limited to the question of whether there is reasonable assurance that this procedure with re6ard to .

sampling of raw egricultural products can be accomplished.

We~think that it can be.

Nuglear Facility Incidents, Ann'ex E (at E-3), defines

" access control points" as:

Control Points manned primarily by State or municipal police, augmented as necessary by the National Guard, established around the perimeter of the plume exposure pathway EPZ on roads leading into it when it is evacuated or occupants are taking shalter for the purpose of contrclling access into the area.

The planning process for designating access control points (ACP) is as follows. The ACPs will be iden'tified in the risk county radiological emergency emergency response

, plans, rather than the State plan. This is consistent with l NREG-0654, Part II, Criterion J.10(j) which requires that state and local emtrgency response plans provide for l " control of access to evacuated areas and organization responsibilities for such control." The three risk counties included in the Limerick plume EPZ will designate, in their respective emergency plans, ACPs within their jurisditions. PEMA will review the ACPs as part of its review of the revised risk county plans, and will coord.'nate the activation of the ACPs as appropriate. ' See Annex E at E-25. Access control points located on main evacuation _ routes will be staffed by.the Pennsylvania State Police. Access control points on roads other than main evacua'tlon routes wil'U be staffed by' local police. The ,

Pennsylvania State Police, in coordination with other state agencies and risk and support counties, will." implement procedures to contrl'the orderlyfmovement of people from the plume exposure pathway EPZ," and implement controls on

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E427. It must be recognized that the Pennsylvania 3tato Polico doss nott have sufficient rescursos to con each )

1 egress point from the plume E?Z , Consequently, the Commonwealth must depend upon the respective risk counties to assume some responsibility for access control.

With regard to sampling of raw agricultural products,.

the Commonwealth, as the City is aware, has agreed that Pennsylvania State Police will stop open, uncovered trucks containing raw agricultural products from exiting the plume exposure pathway EPZ at access control points manned by the State Police. The Commonwealth will discuss with the risk counties the propriety of implementing a similar procedure regarding raw agricultural products at access control points not manned by State Police. The state Department cf Agriculture will respond to a call for assistance in.this regard from emergency response personnel at either the state or local level. At least some of the Limerick plume EPZ ACPs will be activated during the upcoming July 1984 extiroise of the emergency plans so that the adequacy of this procedure sty be assessed.

I On the basis of the. foregoing, the Commonwealth

,. 6hlieves state add lo,dal emergency or~ganization plans l provide reasonable assurance that the ' City will be i A

L protected from contaminated fc:dstuffs , ' and that access l control points surrounding.the Limerick plume EPZ will be

. adequate in accordance with NUIEG-0654, Criteria J.10(j)

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CITY-3 contends that the commonwealth's emergency response plan provides for sampling an'd notiglfication associated with water contamination, but does not provide

, sufficient and adequate guidance for : (a) protecting existing supplies from contamination; (b) preventing the use of contaminated water; and (c) alternative sources of water for the City of Philadelphia.

As a general matter,' the Commonwealth's emergency r plan, Annex E, J.ppendix 17 provides that the Department of

Environmental Resources, Bureau of Radiation Protection, i

! will " conduct accident assessment and recommend protective otions to prevent the consumption of radiocontaminated food and water to the Department of Agriculture and the Department of Health." DER's Bureau of Community 1 4

Environmental Control is responsible for sampling water  !

from appropriate. public reservoirs, water intake points, 4

and water supply systems, and for maintaining plans for timely notifcation of down, stream water companies regarding Water resource contamination. DER's Bureau of Water Quality Management samples surface and ground waters, and the agency's Bureau of -Laboratories conducts or arranges for laboratory analyses of petneitally radiocontaminated public water supplies. ' Appendix 17, Section III.A.2, p. E-17-3.

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See also id., Section IVB, p. E-17-5.

The City contends that without a water transport model, the Commonwealth's emergency response plan does not demonstrate the : . capability and means of implementing  !

protective measures with regard to the city's water supply.

To the contrary, the lack oo f such a model for the Schulkyill River does not impede the Commonwealth's a'bility to assess the impact and consequences on the City's water supply of contaminants from an incident at the Limerick facility. As to liquid discharges -- as'the City is aware, I the DER Bureau of Radiation Protection (BRP) has developed, and is in'- the process of finalizing, a procedure that estimates the consequences of a liquid release of l contaminants on downstream water users. BRP will utilize that procedure to determine the dilution factor at the outfall and the travel time of the contaminant to downstream users. Based on that procedure, the Commonwealth will recommend whether the City should close its intakes on the Schulkyill given the concentration of a 3 particular spill. As to water contamination resulting from precipitatior. or run-off of radiological contaminants

. released i,nto the air, the Commonwealth'.s ple'n provides for

' sufficient monitoring of the airborne plume, with federal Department of Energy support,_to assess the concentration

,and direction of the plume,-and from those measurements to

ossess location and concentration of eventJal ground

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• deposition of the airborne contaminants. Those measurements provide a sufficient basis for assessing the 4

severity of water contamination even for the most severe radiological event at Limerick. In addition, in the severe accident scanario ' involving an airborne release, the state plan provides for water sampling downriver in any event.

Therefore the Commonwealth's plan contains adequate means for. assessing the consequences of either a liquid discharge i or airborne release accident at Limerick on the City's water supply.

The Commonwealth agrees with the City thct a water transport 'model would be an important supplement to both the state and the City's emergency planning capability. The

. Commonwealth however does not have the resources to prepare

! ouch a model. The Commenwealth believes its present capabili.ty for assessment water contamination satisfies of the requirement that its plan fer the ingestion exposure pathway EPZ be capable of preventing the public in that j area from consuming contaminated water.

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The City contends further that the Commonwealth's plan does #not' provide for sampling to commence at a sufficiently -

early stage. The Commonwealth has represented that it will l

ccamence sampling when it beco.nes aware of an " abnormal discharge" into the Schulkyill. The Commonwealth defines such a discharge as one involvinhtherelease of liquid

radioeffluents significant enough to be classified as an Unusual Event, and therefore appropriate state agencies would be notified of the occurrence by the Applicant.

Generally, the NRC has defined the level of such a discharge in the case of other nuclear reactors 1

as one " Maximum Permissible Concentration" (MPC) at the outfall, pursuant to U.S. EPA National Primary. Safe j Drinking Water Interim Standards. Should there be any reason for concern regarding water quality, the Commonwealth will notify downstream _ water users and recommend curtailment of intake. The Commonwealth would in

• 1 such a case continue sampling and analysis, with a~ report back to water suppliers. The NRC has approved the "one r

MPC" oriterion with regard to other nuclear remoters, and therefore the Commonwealth believes its procedure for commencing water sampling and issuing advisories to i

appropriate agencies adequately protects the City, c

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The City also contends that the State's plan fails in that it does not." provide alternative sources of water for Philadelphia." The thrust of the City's concern here is not explicit.

The Commonwaalth's emergency plan, Annex E,

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j Appendix 12, Section 9.8.8, p. E-12-41, discusses protective action guides for drinking water. The plan advises how drinking water may become contaminated, either by accidental discharge of contar.inated water, or through sooidental discharge to the atmosphere with " subsequent

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l deposition on the surface of reservoirs and cistern colectors as well as despotiion' on land with subsequent ,

runoff to surface water supplies." Concerning liquid discharges, the plan advises that contamination of drinking l

watersuppliesishossible only for those downstream water supplies using the receiving water body for makeup. The j plan indicates that contamination from liquid discharge may be avoided by "ourtailment of intake during the course of 4~

the passagw of the contaminated water." Appendix 12, i Section 9.8.8, p. E-12-42. With regard to atmospheric discharges, the plan notes that deposition of airborne contaminants on water surfaces is more difficult to assess.

2 The plan outlines the protective action guide for drinking water as the U.S. EPA National Interim Primary Drinking Water Regulations, Appendix B and der,cribes the concentrations at which protective actions are appropriate 4

given t'he type of discharge and stating the associated 1

organic dose commitment. Id. at E-12-42.

! .The Commonwealth has also advised the City of possible short-term water supply alternatives it might choose to pursue should the Schulkyill River become unavailble. The

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3. tate's Water Supply Plan' cove'1cped by'the Department of l Environmental Resources also outlines options for alternate water supplies that the City might choose to follow.

-Regarding water rationing, the Commonwealth has developed a CLocal Water Rationing Plan" available for use by local

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g'overnments in emergency conditions. That plan is designed to establish measures for essential conservation of water resources, provide for equitable distribution of limited water supplies and to assure sufficient water is available to protect the public health and safety it the affected area. And, as stated in the City's revised issues, the

State is willing to working with the City and the Applicant

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regarding development of a City-specific alternate water supply plan; the Commonwealth at present does not have the resources to develop such a plan on its own.

i The C.ommonwealth's emergency response plan and the i guidance available through state water officials and the i state's water supply plan provide sufficient guidance for the City to plan for a radiological incident at Limerick i that might. render the Schulkyill River unavailable. The i Commonwealth is not legally obligated under NRC regulations

) to supply the City with an alternative supply of water i should the Schulkyill River become unavailable as a result

c' an aooident at. Limerick. The Commonwealth has executed appropriate planning for the ingestion exposure pathway EPZ

in accordance with 10 C.F.R. 50.47(b)(10) and NUREG-0654,

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P' art II, Criterion J.11. -

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, CITY-7 CITY-7 concerns the Commonwealth's plan with regard to

a decontamination of the City's water supply during recovery and re-entry. The Commonwealth's plan, Annex E, Appendix '

12, Section 12 3, p. E-12-58 advises with regard to reinstatement of gilk, produce and water during recovery that controls may be lifted when the releas'e is terminated, i

when concentrations of contaminants are declining and when i the dose commitment from residual contamination will not produce a total dose commitment in excess of 1 Rem. The Commonwealth has adequate measurement napability to determine when controls on water may be lifted. The Commonwealth's plan in Appendix 12, Annex 10-A on managing radiocontamination also provides general advice as to how to avoid ingestion of contaminated water.

In addition, as the City indicates, the Commonwealth has provided the City with technical reference material on decontamination of water supplies. The matter of water supply decontamination is one that has not, to the Commonwealth's present knowledge, received extensive treatment in scientific or engineering literature, and ,

i therefofe the Commonwealth's emergency plan does not l

contai.n more ex plic. it ..in formation on .the, topic. The l . .. .

! Commonwealth has provided the City with all relevant information it has identified to date on this issue, and continues to investigate the area.

l The Commonwealth believes it.has provided sufficient

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guidance in its emergency plan with regard.. to decontamination of water given the limited state of the art knowledge. As in the case of provision of alternate water 4

supplies, the Commonwealth believes it is not legally

obliged under NRC regulations or guidance' to accomplish 3

decontamination of the City's water supply in the event of 7

a radiological event at Limerick. The Commonwealth believes its emergency plan in its current adequately l protects the public in the ingestion exposure pathway EPZ from ingestion of contaminated water.

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l Attached to this response is a copy of an agresement l

between the Applicant and the Commonwealth of Pennsylvania, through the Pennsylvania Eme$ gency Management Agency, -

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! regarding state / Philadelphia Electrio coordination of ' L i response to nuclear in.oidents at Limerick. This agreement is similar in content and scope to agreements executed 6 between the state and other nuclear facilities with which 4

the Commonwealth has an agreement, and fulfills the requirement outlined in NUR.EG-0654, Part II. Cr.iterion A.3.

l Conclusion The_ Commonwealth believes its emergency response plan

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provides reasonable assurance that protective measures for

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the ingestion exposure pathway EPZ oan and will be taken.

The Commonwealth is willing as always to discuss particular '

matters of concern with the City with regard to emergency planning, but does , not believe the City's revised issues of 9

concern are appropriate for litigation in the instant proceeding.

J Respectfully submitted ,

ori G. Ferkin Assistant Counsel Commonwealth of Pennsylvania Governor's Energy Council 300 5. 2d Street 11th Floor P.O. Box 8010 Harrisburg. Pa. 17101

, Date

June 4, 1984

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PENN8YLVANIA EMEROENCY MANAGEMENT AGENCY

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r.o.sonsw unanuso, rmumvan mu -

l February 29, 1934 ,l t '

. Mr. shields L. Daltroff ~

Vice President, Electric Production i Philadelphia Electric Company .. "'

2301 Market street .

Philadelphia, Pennsylvania 19101 -

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Dear Mr. Daltroff:

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, 1. This letter constitutes a mutual statement of Agreement between the l l Consenwealth of Pennsylvania and the Philadelphia Electric Company j regarding state / facility coordination of responw .to'nucient incidents j at the Liaorisk Generating Station.

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2. The Commonwealth of Pennsylvania has established its basic plan for emergency operations in the "Cammonwealth of Pennsylvania Disaster Operations Plan."MAnnex E "Pixed Nucisar Facility Incidents," to tho f Disaster Operations Plan details emergency response to incidents at i l nuclear power facilities located within the Commonwealth.

3. The Mo;ntgomery, Chester and gerks County Emergency Management l

, Agencies have established, in coordination with the Pennsylvania Emergency  ;

Menagement Agency. Radiological Emergency Response Plans for the Limerick Generating station.

i 4. The PhiladAlphia Electric Company has established a site-specific i

emergency plan da the 'fLimerick Osnarating station, Emergency Plan," '

, compatible with Annex E. ' ~~

] 5. The Peansylvania Emergency Management Agency and the aforementioned County Easrpency Management Agencias shall initiate and conduct appropriate and timely response to incidents occurring at the Limerick Generating Station, as detailed la the state and county radiological emergency response l

,, plans, to include notification by and coordination with the Philadelphiu l Electric Company.

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6. Upon occurrence of an UNUgUAL EVENT ALERT, 31T3 EMsgG3NCY or OENERAL EMgEGENCY se the Limerick Generating 3

stion, initisi notification i

. by the facility and, subsepently, by designated emergency response agencies  !

. , and organisations shall be accomplished in accordance with Append,fx 7, '

" Notification Procedures," to Annex E.

i 7. Continuing coordination during an incident shall be accomplished in accordance wich Appendix 7, " Notification Procedures," to Annex E.

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Hr. Shields L. Daltroff .

February 29, 1984 -

r Unr.o Two U. Tin physical means of cou mication for response to an incident '

shall be established and utilized in accordance with Appendix 6, * *

"Conounications," to Annex E. -

9. The Philadelphia Electric Company is on the distribution list for the "Counonwealth of Pennsylvania Disaster Operations Plan" and for Annex E,

," Fixed Nucicar Facility Incidents," to the Operations Plan and shall receive changes to such plans as changes are issued. .

10. The Pennsylvania E:r.argency Management Agency is on the distribution ,

list for the " Limerick' Generating Station Emergency Plan," and shall receive changes to this plan as changes are issued.. .

4 11. The Philadelphia Electric Company shall review annually Annex E to the Operations Plan and. provide written suggested revisions to the Pennsylvania Emergency Management Agency as deemed ap'propriate and necessary by the Company.

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' - 12. The Pennsylvania Emergency Management Agency shall review annually the " Limerick Generating Station Emergency Plan" and provide written suggested revisions to the Philadelphia Electric Company as deemed appropriate and necessary by the Agency.

13. The . Philadelphia Electric Company accepts the responsibilities out-lined in Appendix ~4, " Facility Responsibilities" to Annex E. Those responsibilities' establish the role of the facility in regard to preparedness for and response to incidents at the Limerick Generating station and shall be adharad .co as the established stata/ facility ralstionship for such incidents. .

14. The Pennsylvania Emergency Management Agency and the Philadelphia Electric Company accept and shall adhere to the principles set forth .

in this Statsmant of Agreement. .

sincerely, ,

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- John L. Patten

• Director s Pennsylvania E:argency Hanagement Agency -y

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DATE:

Shields L'. Daltroff f

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UNITED STATES OF AMERICA I

NUCLEAR REGULATORY COMMISSION  !{fyjUF ,

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 14 J'JN -7 A10 :32

In the Matter of ) $.'d;_g3pg3, PHILADELPHIA ELECTRIC COMPANY Docket Nos.hdUhh2

'. ) 50-353

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! (Limerick Generating Station, )

Units 1 and '2) ) ,

CERTIFICATE OF SERVICE b

[ I hereby certify that copies of " Commonwealth of Pennsylvania's Response  ;

f To " Revised Issues of Concern of The City of Philadelphia in the Area of

Emergency Planning""in the above-captioned proceeding have been served on

, the following by deposit in the United States muil, first class, or, as indicated by an asterisk, through deposit in the Commonwealth of Pennsylvania's internal mail system, or, this 4th day of June 1984:

eLawrence Brenner (2) Docketing and Service Section Administrative Judge Office cf the Secretary Atomic Safety and Licensing U. S. Nuclear Regulatory Board Commission U. E. Nuclear Regulatory Washington, D.C. 20555 i

' Commission Washington, D.C. 20555 Richard F. Cole Mark J. Wetterhahn, Esq.

Administrative Judge Conner and Wetterhahn Atomic Safety end Licensing 1747 Pennsylvania Avenue, N.W.

Board Washington, D.C. 20006 U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Board Panel U. S. Nuclear Regulatory Commission

. Washington, D.C. 20555 Peter A. Morris Ann P. Hodadon, Esq.

Administrative Judge Benjamin H. Vogler, Esq.

Atoni'c Safety and Licensing,,

. Counsel for NRC Staff U. S. Nuclear Regulatory " Office of the Executive Legal Commission Director Washington, D.C.- 20555 U.S. Nuclear Hegulatory Commission Washington, D.C. 20555 4

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Atomic Safety and Licensing Philadelphia Electric Company ,

Appeal Panel ATTN: Edward G. Bauer, Jr.

U. S. Nuclear, Regulatory ,

Vice President &

Commission General Counsel Washington, D.C. 20555 2301 Market Street Philadelphia, Pa. .19101 Frank R. Romano # David Wersan , Esq.

61 Forest Avenue Assistant Consumer Advocate Ambler, Pa. 19002 Office of Consumer Advocate 1425 Strawberry Square ,

Harrisbu,rg, Pa. 17120 Robert L. Anthony Steven P. Hershey, Esq.

Friends of the Earth of Community Legal Services, Inc.

the Delaware Valley Law Center West P. O. Box 186 5219 Chestnut Street 103 Vernon Lane Philadelphia, Pa. 19139 Moylan, Pa. 19065 b

j Marvin I. Lewis Angus, Love, Esq.

6504 Bradford Terrace '

101 East Main Street Philadelphia, Pa. 19107 Norristown, Pa. 19104 Joseph H." White, III Phyllis Zitzer 15 Ardmore Avenue Limerick Ecology Action Ardmore, Pa. 19003 P. O. Box 761 Fottstown, Pa. 19464 Charles W. Elliott, Esq. Sugarman, Denworth & Hellegers

, Brose and Postwistilo 16th Floor Center Plaza f 1101 Building , 101 North Broad Street 11th & Northampton Sts. Philadelphia, Pa. 19107 Easton, Pa. 18042

1. Director Pennsylvania Emergency Management Agency B-151, Transportation and Safety Building Harrisburg, Pa. 17120 l

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1. Thomas Gerusky, Director Martha W. Bush, Esq.

Bureau of Hadiation Kathryn S. Lewis , Esq.

Protection City of Philadelphia .

Department of Environmental Municipal Services Bldg.

Resources  : . 15th and JFK Blvd.

5th Floor, Fulton Bank Bldg. Philadelphia, Pa. 19107 Third and Locust Streets Harrisburg, Pa. 17120 Spence W. Perry, Esq.

Associate General Counsel Federal Emergency Management Jay M. Gutierrez, Esq. IJency U.S. Nuclear Regulatory 500 C Street, S.W., Hm. 840

. Commission Washington, D.C. 20472

, Region I.  :

631 Park Avenue Gregor y., Minor King of Prussia, Pa. 19406 MHB Technical Associates 1723 Hamilton Avenue San Jose, CA 95125 s

Timothy R. S. Campbell Director

, Department of Emergency Services 14 East Biddle Street JJ West Chester, Pa. 19380 V, -

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i- Lori G. Ferkin '"

Assistant Counsel Governor's Energy Council i

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