ML20098G541

Motion to Withdraw 12 Proposed Emergency Planning Contentions.Contentions Resolved by Enactment of State of La Act 825 & Revs to Peacetime Radiological Response Plan. Certificate of Svc Encl

ML20098G541
Person / Time
Site:	River Bend
Issue date:	09/28/1984
From:	Irving S, Pierce J IRVING, S.M., JOINT INTERVENORS - RIVER BEND
To:	Atomic Safety and Licensing Board Panel
References
CON-#484-270 OL, NUDOCS 8410050113
Download: ML20098G541 (11)

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.DOLKETEC USNRC 14 DCT -4 M1:31

. UNITED 7TATES OF AMERICA p ~

NUCLEAR F ECULATORY COM>hkgkYphh SRANCH BEFORE THE ATOMIC' SAFETY AND LICENSING BOARD

'In'the Matter of DOCKET NOS. 50-458; GULFfSTATES UTILTIIES'CO., 459 ETcAL gg y

(River Bend Station, Units 1 & 2)

. JOINT INTERVENORS' MOTION TO WITHDRAW EMERGENCY PLANNING CONTENTIONS Joint Intervenors, Louisiana Consumer's League, Inc., Loui-sianians for Safe Energy, Inc., and Gretchen Reinike Rothschild, have proposed twelve emergency plannin8 contentions for admission 1

to _the River Ben'd operating license proceeding . After discus-sions among. the parties and with the responsible. emergency plann -

ing officials in the-State of Louisiana, these contentions have been resolved by the enactment of legislation (State of Louisiana Acts'1984,.No. 825), and by revisions.which are to be made.to the Louisiana Peacetime Radiological Response Pian- (" Plan"). Plan revisions, which have been agreed to by-the Louisiana Nuclear

', Energy Division, Louisiana Department of Environmental Quality, which- i s' responsible for. fixed nuclear facility emergency i

I Letter to -the it.oci; S a f e t :. anc Licensing Board froc Linda B.

. ila t k i n s , March 9, 198".

8410050113 840928 gDRADOCK 05000458 3 Soy "o" -

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-planning with the State of Louisi,ana, will be incorporated into the plan at e. appropriate future time. Attached to this motion i s. a-copy o these chan'ges to be'made to the plan. All of the concerns rcised by our emergency planning contentions have now been ~ resolved.

4 Based on these actions,' Joint Intervenors hereby immediately withdraw' all of their proposed emergency planning contentions.

The other l parties and participants to this proceeding have no objection to-this motion.

Respectfully submitted, iss STWfGEN M. W NG Attorney at La 355 Napoleon Street Baton Rouge LA 708 x/ <~

KMES' , PIERCE Atto ey at Law Europe Street

~ Baton Rouge, LA _70802 Y

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84 OCT -4 All :31 UNITED-STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i.) E OrSECPEI q,'

t CCPd & SEPVu Eu tiCH BEFOREITHE ATOMIC SAFsTY AND~ LICENSING BOARD In the : Matter ofi ~

DOCKET NOS, 50-458; l GULF' STATES'UTILTIIES CO.,. 50-459 ETfAL.

L(River. Bend Station, Units 1 & 2) im CERTIFICATE OF SERVICE

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I 'HEREBY CERTIFY that a copy of-the.above and foregoing

" Joint

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Intervenors' Motion -to- Withdraw Emergency Planning

-_ C o n't e n t i o n s " in the above ca,r,tioned proceeding , have been served on' the following, .by deposit in the U.S. Ma i l ,- first class, postage prepaid, correctly addressed, to the last known address on this 28th day of~ September, 1984 Dr. Richard-Cole Will'ami J. Guste, Jr.

Administrative Judge Attorney General AtomicLSafet'y-8 Licensing State of Louisiana sBoard: Panel- 234 Loyola Ave., 7th Floor nU.S. NRCE ~

.New Orleans, LA 70112

- -- Wa s h i n g t o n , - D . C '.

20555-Troy B. Conner, Jr.

B.-Paul Cotter, Jr., Chai man Mark J. Wetterhahn

' Administrative = Judge: Conner & Wetterhahn 5

LAtom'ic Safety 11-Licensing Board 1747 Pennsylvania Ave. NW

-  ; Panel- Suite 1050

-U;S..NRC Wasnington, DC 20006

' W a s h'i n g t o n . D.C. _20555_ .

James E. Booker Mr. Gustave A. L'inenberger. G.S.U.

LAdministrative Judge. ' P. 0. Box 2951 LAtomic Safety & Licensing Board Beaumont, TX 77701 Panel'

• _ U.S. NRC Ta s h i n s; t o n , D.C. 20555 3

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- 'lan 7 Douglas ~ Lindsey,.Esq.

V D a v i d. .'!c ?; c i l , Esq'.

StaffLAttorneys-

'La. Dept. of: Justice 7434 Perkins Rd... Suite.C .

. Baton-Rouge,.LA. 70808 -

Gretchen'R. Rotschild

.Louisianf ins for._ Safe Engery, Inc.

-1659 Glenmore

BatonJRouge, LA 70808 l

~ H . l:LAnn ei Plc t ting er-l712 Carol Marie Dr.

~ Baton Rouge, LA 70806 Atomic' Safetyl a Lidensing Appeal Board U.S.' Nuclear. Regulatory Commission l

-Washington,LD.C. 20555 '

Docketing & Service Section Office of the Secretary -

HU.S.-Nuclear Regulatory Commission Washington, DC 20555- -

William F. Patterson,.Esq.

-Lee.Dewey,fEs'q.

Counsel'~for NRC~ Staff

=- U . S . - N RC Washington, D.C. 20555

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s CONTENT' ION NO. 3

.* RESPONSIBILITIES OF STATE AGENCIES IMPROPERLY ASSIGNED Response: . It is recognized, due to legislation which took effect after the plan was submitted, that the plan will have to be updated to reflect the reorganization of state government agencies.

Action Taken: The Department of Public Safety and Department of Corrections l

i have been consolidated. The responsibilities of these agencies will be combined in the LPRRP under the heading of the " Department of Public Safety and Corrections."

The responsibilities of the old Office of Environmental Affairs in the L Department of Natural Resources are assigned to the new Department of Environmental Quality. The only remaining responsi-bility of the Department of Natural Resources is the allocation of i

emergency fuel supplies. All responsibilities of the Department of Environmental Quality are under the direct control of the Department of Secretary or designee. These changes will be made where appropriate.

Under " Authority" (page 1), The Louisiana Environmental Affairs Act j

is renamed The Louisiana Environmental Quality Act in both the

[' State Plan and the general plan of Attachment 3. These changes will be made.

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' CONTENTION NO. 5

.',' JUDICIAL SYSTEM ESSENTIAL-i Response: The question as to whether or not an evacuation order could be enforced without an injunction has been resolved through legislation (Act 825 of 1984). .

Action Taken: The following paragraph will be included in the LPRRP on page 11, under "Assurnptions" as No. 4, and in the General Plan portion of Attachment 3 on page 5. under " Concept of Operation" as No.15:

In the event of an evacuation order issued pursuant to any declaration of disaster - ernergency, an injunction tnay be obtained, as necessary, to enforce such evacuation order, all in accordance with La. R.S. 30:1105.1.

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., ; s CONTENTION NO. 6 . t-

,' USE OF SCHOOL LUNCH PROGRAM FOOD FOR EVAOUEES Response: The surplus food for evacuees has.been misidentilled as the School Lunch Program food stock. ,

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Action Taken: Under the Department of Education's resp'on'sibilit ies, letter 'b', page 18, will now read: s s

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Provide for the use of the USDA' Surplus Commodities Prbgram food stock for mass feeding of evacuees at schools designayed I

as shelters for an accident. '

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CO TENTION NO. 7

.' EAST BATON ROUGE PARISH PUBLIC TRANSPORTATION Response: A letter of agreement between the Capital Transportation Corporation and East Baton Rouge Parish Office of Civil Defense was obtained December 5,1983.

Action Taken: Capital Transportation Corporation will be included in the Enclosure I, for East Baton Rouge Parish, in the " Organization and Responsibilities" section as follows:

Capital Transportation Corporation ,

The Capital Transportation Corporation, under the direction of the Manager is responsible for:

. Providing transportation support for evacuation of the general public as requested.

. Serving as shuttle service from reception centers to shelters for those needing transportation.

Additional Comment:

The East Baton Rouge Parish School Board, through a letter of agreement, has committ,ed to supply 30 buses upon request from the East Baton Rouge Parish Office of Civil Defense. The School Board has also indicated that 100 of their buses are radio-equipped, which would facilitate notification in an emergency. This infor-mation, in addition to the inclusion of the Capital Transportation Corporation, has satisfied the concern as to whether adequate transportation resources have been identified to r,upport an evacuation.

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l l CONTENTION NO. 8

' STATE DEPARTMENT OF AGRICULTURE Response: The responsibilities of the State Department of Agriculture need to be reworded in the LPRRP to clearly delineate its role.

. Action Taken: The responsibilities of the Department of Agriculture will be changed . ,

as follows (page 17):

a. Serve as liaison between the State and the USDA during an accident.

b. same (no change)

c. - ' Assist LNED in collection of soil, crops and other agricultural samples, as necessary, and transport such samples to LNED for laboratory analysis.

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y CONTENTION NO. 9 STATE DEPARTMENT OF COMMERCE Response: The Department' of Commerce does not have the prirnary responsi-bility of notification but is viewed as a back-up for that purpose, as necessary.

Action Taken: The responsibility of the Department of Commerce, given on page 18, will conclude with the words "as needed", to be added.

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CONTENTION NO. I?.

,' EAST BATON ROUGE METROPOLITAN COUNCIL

- Response: It is recognized that deputies of the Sheriff's Office, as well as employees of the school board, are not under the authorhy of the Metropolitan Council.

Action Taken: The statement: 'Through the advice of LNED, authorizing emergency workers to incur exposures in excess of general public PAG's", will be deleted from each Enclosure (pages I-4, II-4,III-4,IV-4, V-4).

The following change will be included in the General Plan portion of Attachment 3 (page 17, #4):

The RBP (Police Jury or Mayor) Presidents, Sheriffs and Superintendents of Schools will be responsible for authorizing their emergency workers to incur exposures in excess of the EPA " General Public Protective Action Guides." Authorization will be considered after consultation with LNED.

NOTE: RBP means River Bend Parishes r

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