ML20101P089

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Joint Motion for Approval of Settlement of Eddleman 227-S. Proposed Order Approving Settlement of Eddleman 227-S Encl
ML20101P089
Person / Time
Site: Harris Duke Energy icon.png
Issue date: 01/03/1985
From: Ridgway D
CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML20101P092 List:
References
OL, NUDOCS 8501070021
Download: ML20101P089 (6)


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n January 3, 1985 UNITED STATES OF AMERICA

-NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the: Matter of

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. CAROLINA: POWER &. LIGHT COMPANY

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.and NORTH CAROLINA EASTERN

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Docket No. 50-400 OL MUNICIPAL POWER AGENCY

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(Shearon Harris Nuclear Power

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Plant)

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JOINT MOTION FOR APPROVAL OF SETTLEMENT OF EDDLEMAN 227-S In its October.4, 1984 " Ruling On Specification of Eddleman Offsite Emergency Planning Contention.215 and On The Admissibility of Eddleman Contentions On The Public Information Brochure," the Board-admitted Eddleman 227-S (in a revised form):

.The description of_ radiation-omits any-mention of specif-ic harmful health effects --

genetic damage, cancer, _and other diseases.

This non-information is mislead-ing_t.i could lead-to inap-propriate actions.

Persons who don't know risks may underestimate them..

_.In admitting the contention, the Board observed:-

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[W]e read 227-S simply to be asking that the brochure give an accurate indication of what could be at stake in an emergency.

In its pres-ent form, the brochure says only that radiation could be harmful, but not how harm-ful.

We refer the parties to Big Rock, where the board was also concerned that the brochure be credible about possible consequences of ra-diation.

That Board pre-sided over the parties' agreement on a specification of the Big Rock brochure's discussion of health ef-fects.

See Big Rock, 16 N.R.C. at 544-46, esp.

545-46.

We encourage the partiet to come to a similar

. agreement on the Shearon Harris brochure.

See also Duke Power Co. (Catawba, Units 1 & 2), LBP-84-37, 20 N.R.C.

slip op. at 19 (September 18, 1984).

October 4, 1984 Order, at 7-8.1/

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In Big Rock Point,_the Board approved the following lan-

_guage:

However, prudent emergency preparedness includes plan-ning for less likely ' worst i

case' accidents in which larger, even life-threatening doses of radiation might be released within the five-mile EPZ.

16 N.R.C. at 546.

Similarly, the Catawba Board ruled that

"[t]he language used [in the brochure] should state directly that high levels of radiation are harmful to health and may be life threatening."

Slip op. at 19.

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e In accordance with the Board's suggestion, the parties have reached an agreement on the language of the brochure, in settlement of Eddleman 227-S.

Pursuant to that agreement, the first paragraph of the cover page of the brochure will be modified to read:

This booklet tells you what to do if there is an emer-gency at the Harris plant.

An emergency is not likely.

But you need to be prepared if a serious accident hap-pens.

A release of a large dose of radiation might threaten your life.

To be sure that you will be safe * * *.

Similarly, the penultimate paragraph of page 11 of the brochure will be modified to read:

The higher the level of ra-diation and the longer you are exposed to it, the

' greater the harm will be.

High levels of radiation are harmful to health and may threaten your life.

That is why state and local offi-cials have made this emer-gency plan.

Accordingly, Applicants Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency, Wells Eddleman, and the NRC Staff / jointly move the Board to approve the 2

.above-stated modifications to the Harris emergen'cy l

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FEMA was also consulted and has no objection, j.

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I public information brochure and the settlement of Eddleman 227-S.

A proposed Order granting the instant motion is provided for the Board's consideration.

Respectfully submitted, iha k f _d_

Lorb Thoinas A. Baxter', F. C. ('

Delissa A. Ridgway SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 Richard E.

Jones Dale E.

Hollar CAROLINA POWER & LIGHT COMPANY P.O. Box 1551 Raleigh, North Carolina 27602 (919) 836-7707 Counsel for Applicants Dated:

January 3, 1985 I

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t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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CAROLINA POWER & LIGHT COMPANY

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and NORTH CAROLINA EASTERN

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Docket No. 50-400 OL MUNICIPAL' POWER AGENCY

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(Shearon Harris Nuclear Power

)

Plant).

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ORDER APPROVING SETTLEMENT OF EDDLEMAN 227-S On January 3, 1985, the Atomic Safety and Licensing Board was served with'the " Joint Motion For Approval of Settlement of Eddleman 227-S," filed by the several parties to the captioned E

proceeding with an interest in that contention.

According to the Joint Motion, Applicants Carolina Power &

Light Company and North Carolina Eastern Municipal Power Agen-cy,7 Wells Eddleman, and the NRC Staff / reached'an agreement on l

the language of the brochure, in settlement of-Eddleman 227-S.

Pursuant to that agreement, the first paragraph of the cover-

/b page of the brochure will be modified to read:-

This booklet tells you what to do if there is an emer-gency at the Harris plant.

An emergency is not likely.

But you need to be prepared if a serious accident hap-l pens.

A release of a large dose of radiation might threaten your life.

To be sure that you will be safe * * *.

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FEMA was also consulted and had no objection.

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.Similarly, the penultimate paragraph of page 11 of the brochure will be modified to read:

The higher the level of ra-l.

diation and the longer you je are exposed to it, the greater the harm will be.

g High levels of radiation are harmful to health and may threaten your life.

That is why. state and local offi-cials have made this emer-gency plan.

The Joint Motion is hereby GRANTED and it is hereby OR-DERED that the settlement of Eddleman 227-S is approved.

That contention is now resolved and no further action on the conten-tion is necessary in this proceeding.

L CENS GB RD l

[

James L. Kelley, Chairman ADMINISTRATIVE JUDGE i

!i Dr. James H.

Carpenter ADMINISTRATIVE JUDGE r

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Glenn O.

Bright ADMINISTRATIVE JUDGE P

Bethesda,' Maryland January.__, 1985 I:

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