ML20096E674
| ML20096E674 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 09/05/1984 |
| From: | Jett G Federal Emergency Management Agency |
| To: | Brenner L Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20096E648 | List: |
| References | |
| OL, NUDOCS 8409070152 | |
| Download: ML20096E674 (3) | |
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' SEP.05 '84 15:55 FD1A WASH FED CTR 2 P.02 V
,j f Federal Emergency Management Agency ~
Washington, D.C. 20472
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c SEP 5 1984 Honorable Lawrence Brenner Chairman Atomic Safety and Licensing Board Nuclear Regulatory Conmission Washington, D.C.
20555
Dear Judge Branner:
As General Counsel of the Federal Emergency Management Agency (FEMA), I have always had as my policy the proposition that, in its role as expert consultant to the staff of the Nuclear Regulatory Conmission for off-site energency preparedness at power generating facilities licensed by the KRC, FEMA should be as responsive as possible to the Commishon and its Atomic Safety and Licensing Boards.
The only limitations on FEw.A's responsiveness I have ever felt to be legitimate are those imposed by operational realities or by the necessity for preserving the integrity and coherence of FEMA's evaluation process.
In the Limerick case, it is my understanding that the ASLB has raquested that the FEMA Region III draft report on the July 198t. exercise (originally to be completed by Region III about September 1, 1984) be released to the board and the parties prior to its review and release at FEMA headquarters.
FEMA would be most reluctant to do this (indeed no unreviewed report of this kind has ever been released) for several reasons.
First, the report will only have of ficial status af ter it has been reviewed for censistency with national TEMA radiological emergency preparedness policy and has been forwarded by the responsible senior TEMA official to the NRC in accordance with the Memorandum of Understanding between the two agencies.
It is the report furnished to the Commission under the terms of the MOU which takes.on legal significance and becomes the basis for licensing litigation.
The presence
.of uncleared " reports" will only confuse the record.
TEMA is also concerned about the implications release of a report in draft would have for its review process. The release of a report, which is still in development, would tend to compromise the integrity of the review. There would inevitably be a chilling effect on regional staff and on the Regional Assistance Committee, which assists in the production of the regional draf t report. The premature release of the report could also adversely affect the candor of FEMA's national office evaluation.
I should note that FEMA has taken extensive measures to protect the integrity of its plan and exercise review process, most recently in the Shoreham licensing case.
In any event, operational realities have greatly shortened the amount of time that will elapse between tre forwarding of the draf t regional report on the Limerick exercise to the national office and the date on which the fully cleared report is scheduled to be forwarded to the NRC.
8409070152 840905 PDR ADOCK 05000352 G
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'.SEP.05 '84 15:55 FD1A' WASH FED CTR 2 P.03
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2-While TeiA Region III had:criginaliy pr0jected a date of September 1,1984
- for completion of its draft, the regio: had te request additional time.
-This was reported to the staff and the parties at meeting in Philadelphia on August 30, 1984.
The Region III RAC will not meet to consider the region's preliminary draf t until September 14, 1984 (enclosure) and a final ragional draft will'be forwarded to headquarters shortly thersafter. We do not now anticipate any necessity for a change in the projected date of October 1,1984 for sending the fully cleared TDiA report to the NRC.
Should it be necessary to make any change in this date we vill, of course, inform the board itmnediately.
I also' note that a great deal of information on matters relating to the July exercise is already available to the board and the parties.
This material includes the interim TEMA finding on the plan review, the post exercise FDIA debriefing and information undoubtedly gained by the extensive network of observers that were employed,by all parties during the course of the exercise itself.
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