ML20101S949
| ML20101S949 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 01/22/1985 |
| From: | Rochlis S Federal Emergency Management Agency |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#185-397 OL, NUDOCS 8502050730 | |
| Download: ML20101S949 (7) | |
Text
_ _ _
qg 1.
January 22, 985 se
. UNITED STATES OF AMERICA 1 :ETED NUCLEAR REGULATORY COMMISSION 7
THE ATOMIC SAFETY AND LICENSING BOARD
' IU C
~5 50 !l9 In the Matter of. CAROLINA
)
POWER AND LIGHT COMPANY
)
and NORTH CAROLINA EASTERN
)
Docket No. 50-400-OL:
n;n
. MUNICIPAL POWER AGENCY
)
4 set" (Shearon Harris Nuclear. Power
)
Plant Units 1 and 2)
)
FEMA STAFF RESPONSE TO APPLICANTS' MOTION FOR
SUMMARY
DISPOSITION OF CHANGE CONTENTION 17 I.
INTRODUCTION On December 21, 1984, the Applicants moved for summary dis-position on CHANGE Contention 17,.(hereinafter Applicants' thtion) pursuant to 10 CFR 8 2.749 of the Commission's regulations.
FEMA staff supports Applicants' Motion for summary disposition on the grounds that they have demonstrated an absence of a genuine issue of material fact, and that they are entitled to a favorable judg-ment as a matter of law.
II.
BACKGROUND CHANGE-17 was admitted by the Board as a matter in controversy in this proceeding during the May 2, 1984 prehearing conference.
CHANGE-17 as admitted by the Board contends:
The plan does not provide adequate assurance that warning sirens would be heard by all citizens within the threatened area because of hearing impairments.
Neither CHANGE,_the NRC staff nor FEMA filed any discovery requests on CHANGE-17.
4 307
8,
4 III. -ARGUMENT A.
Standards for-Summary Disposition FEMA staff response to Applicants' previous Memoranda of Law of Emergency Planning Contentions previously filed is fully appli-cable to this Motion and is incorporated by' reference herein.
B.
There is No Genuine Issue of Material Fact to be Heard with Respect to CHANGE-17.
Section 50.47 of NRC's Emergency Planning Rule (10 CFR Parts 50 (Appendix E) as amended and NUREG 0654/ FEMA-REP-1, Rev. 1, November'1980, " Criteria for Preparation and Evaluation of Radio-logical Emergency Response Plans and Preparedness in Support of 1
Nuclear Power Plants" are used by FEMA pursuant to 44 CFR f 350 (a) in " reviewing, evaluating, and approving State and local radiologi-cal emergency plans and preparedness."
10 CFR E 50.47 ( b) (5) provides in pertinent part that:
Means to provide early notification and clear instruction to the populace within the plume exposure pathway Emergency Planning Zone have been established.
(see also 44 CFR E 350.5 (a) (5)].
NUREG 0654/ FEMA-REP-1, Rev. provides at II.E.6. in pertinent part:
Each organization shall establish administra-tive and physical means and the time required for notifying and providing' prompt instructions to the public within the plume exposure pathway Emergency Planning Zone (see Appendix 3).-
Appendix 3 of NUREG 0654/ FEMA-REP-1 provides in pertinent part:
The' initial notification when appropriate, of the affected population within the plume ex-posure pathway Emergency Planning Zone (EPZJ must be completed in a manner' consistent with assuring the'public health and safety.
The design objective for the (notification). system i
shall be to meet the acceptance criteria of section B'of this Appendix.
This-design ob-jective does not, however, constitute a 1
~
Y
[. guarantee that early notification can be pro-vided for everyone with 100% assurance...
(emphasis added).
Section B.2. of Appendix 3 provides:
The mimimum acceptable' design objectives for coverage by the system are:
a)
Capability for providing both an alert signal and an informational or instructional message to the population on an area wide basis throughout the 10 mile EPZ, within 15 minutes.
b)
The initial notification system will assure direct coverage of essentially 100%
of the population within 5 miles of the site (emphasis added).
c.
Special arrangements will be made to assure 100% coverage within 45 minutes of the population who may not have received the initial notification within the entire plume exposure EPZ (emphasis added).
Section B.3. of Appendix 3 provides in pertinent part:
A prompt notification scheme shall include the capability.of local and State agencies to provide information promptly over radio-and t.v. at the time of activation of the alerting signal.
L A review of the North Carolina Emergency Response Plan in Support of the Shearon Harris Nuclear Power Plant-(ERP) and the Affidavit of Jesse T. Pugh, 'III (Pugh Affidavit in response to CHANGE 17) establishes that the plan provides special arrangements and is in accord with;NUREG 0654/ FEMA-REP-1 criteria for prompt notification of that portion of populace within the EPZ who may not have received the initial notification.
The ERP provides at Part 1, IV.LB. 13 -(p. 36) :
Organizations within Parts-2-5 of this plan tasked with zone warning responsibilities will be'given additional responsibility to
. identify within their zone all hearing-im-paired households and provide " knock-on the
I '
door" type notification to meet the warning 2needs of this special group of-people (em-phasis added).
The'ERP further.provides at' Parts 2,3,4,5 II.B.:
If'the emergency poses a radiation threat to the surrounding community, (the approprit;te County government) will immediately take appropriate actions to inform the residants in the threatened areas of-the actions they should take for_thef.r own safety.
The popu-lation will be alerted by. fixed and~ mobile siren systems, public address announcements, door to door alerting, Emergency Broadcast System (EBS) radio and television announcements, and any.other communication systems such as the National Weather Service (NWS) that are 3
appropriate to the situation (emphasis added).
3 Steps will be taken prior to fuel load to identify the hear-ing impaired population through distribution of a special needs response card contained in the Harris " Safety Information" brochure..
This-information will be augmented with information.from agencies and organizations that have on-hand information on the hearing im-prired populace.
The information obtained "will serve as-a basis for the counties' listings of hearing-impaired persons within the E7Z".
(Pugh Affidavit Paragraphs 3-4).
Mr. Pugh estimates that'the number of people with a serious I
hearing-impairment within the EPZ range from 40.to 80.
Special noti--
fication will be provided to all households in which reside a~ hearing-impaired person;(Pugh-Affidavit footnote.3).
Based upon the? distribution'of.the hearing-impaired population 1
and the nuinber of. vehicles available to' notify this-~ special needs population,:Mr.-Pugh' states that-"in no case would.it take more than
~
45 minutes to accomplish notification of the hearing impaired resi-dents"..-(Pugh-Affidavit, Paragraph 8).
t P
1 g
+
p.
4 e un e
s~
n 4-v-N,
'e There is no requirement in NUREG 0654/ FEMA-REP-1 that warning sirens be heard by all citizens within the EPZ (including citizens with hearing impairments).
NUREG 0654 criteria take-into account the possibility that all people may not have received an initial notification,-and require special arrangements to assure coverage of 100% of the EPZ population within 45 minutes.
The ERP establishes appropriate procedures to warn the hearing-impaired populace in the event cf-an emergency at the Shearon Harris Nuclear Power Plant and the affidavit of Mr. Pugh demonstrates that the emergency response officials have an adequate capability to notify the hearing-impaired populace within 45 minutes.
IV.
CONCLUSION Based on the foregoing discussion, the Applicants' Motion for Summary Disposition should be granted.
Respectfully submitted,
?
., w i
STEVEN M. ROCHLIS Regional Counsel Federal Emergency Management Agency
T e
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
CAROLINA POWER AND LIGHT COMPANY AND )
NORTH CAROLINA EASTERN MUNICIPAL
)
Docket Nos. 50-400 OL POWER AGENCY
)
50-401 OL
)
(Shearon Harris Nuclear Power Plant,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " FEMA STAFF RESPONSE TO APPLICANTS' MOTION FOR
SUMMARY
DISPOSITION OF CHANGE CONTENTION 17" in the above-captioned proceeding have been served by the Staff on the following by deposit in the United States mail, first class, or deposit in the Nuclear Regulatory Commission's internal mail system (*), this 22nd day of January, 1985.
James L. Kelley, Chairman
- Richard D. Wilson, M.D.
Administrative Judge 729 Hunter Street Atomic Safety and Licensing Board Apex, NC 27502 U.S. Nuclear Regulatory Comi!;sion Washington, DC 205u5 Mr. Glenn 0. Bright
- Travis Payne, Esq.
Administrative Judge 723 W. Johnson Street Atomic Safety and Licensing Board P.O. Box 12643 U.S. Nuclear Regulatory Comnission Raleigh, NC 27605 Washington, DC 20555 Dr. James H. Carpenter
- Dr. Linda Little Administrative Judge Governor's Waste Management Puilding Atomic Safety and Licensing Board 513 Albermarle Building U.S. Nuclear Pegulatory Comission 325 North Salisbury Street Washington, DC 20555 Raleigh, NC 27611 Daniel F. Read John Runkle, Esq. Executive Coordinator **
CHANGE Conservation Counsel of North Carolina P.O. Box 2151 307 Granville Rd.
Raleigh, NC 27602 Chapel Hill, NC 27514 i
4 e,
e, Steven Rochlis
-Spence W. Perry, Esq.
Regional Counsel Associate General Counsel FEMA Office of General Counsel 1371 Peachtree Street, N.E.
FEMA Atlanta, GA 30309 500 C Street, SW Rm 840 Washington, DC 20472 Atomic Safety and Licensing Appeal Bradley W. Jones, Esq.
Board Panel Regional Counsel, USNRC, Region II U.S. Nuclear Regulatory Commission 101 Marietta St., N.W. Suite 2900 Washington, DC 20555 Atlanta, GA 30323 Robert P. Gruber George Trowbridge, Esq.
Executive Director Thomas A. Baxter, Esq.
Public Staff - NCUC John H. O'Neill, Jr., Esq.
P.O. Box 991 Shaw, Pittman, Potts & Trowbridge Raleigh, NC 27602 1800 M Street, N.W.
Washington, DC 20036 Wells Eddleman Atomic Safety and Licensing Board 718-A Iredell Street Panel
- Durham, NC 27701 U.S. Nuclear Regulatory Commission Washington, DC 20555 l
Richard E. Jones, Esq.
Dr. Harry Foreman, Alternate Associate General Counsel Administrative Judge Carolina Power & Light Company P.O. Box 395 Mayo P.O. Box 1551 University of Minnesota Raleigh, NC 27602 Minneapolis, MN 55455 o U/ / lb P_ M crA7 Janice E. Moore Counsel for NRC Staff
-