ML20101S955
| ML20101S955 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 02/01/1985 |
| From: | Rochlis S Federal Emergency Management Agency |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#185-396 OL, NUDOCS 8502050733 | |
| Download: ML20101S955 (6) | |
Text
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I k UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'[,I BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
~D l]T) :19 In the Matter _of CAROLINA
)
7:
POWER AND LIGHT COMPANY
)
cjn s_.,
and NORTH CAROLINA EASTERN
)
Docket No. 50-400-OLi;5f""2 MUNICIPAL POWER AGENCY
)
(Shearon Harris Nuclear Power
)
Plant Units 1 and 2).
)
FEMA STAFF RESPONSE TO APPLICANTS' MOTION FOR
SUMMARY
DISPOSITION OF EDDLEMAN CONTENTION 240 I.
INTRODUCTION On January 2, 1985, the Applicants moved for summary disposition on Eddleman 240, (hereinafter Applicants' Motion) pursuant to 10 CFR li 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 judgment as a matter of law.
II.
BACKGROUND Eddleman 240 was admitted as a contention in this proceeding by the Board on August 3, 1984.
As stipulated by the parties and approved by the Board, Eddleman 240 contends:
What agency of Chatham County government is responsible for the decontamination of evacuees
.at the Chatham County Shelters?
and (2) Which emergency response organizations are assigned the responsibility of providing support for the decontamination of evacuees?
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FIDU4 staff did ~ not serve any. discovery requests on the subject o
- of Eddleman 240. :Mr. Eddleman' served two sets of interrogatories
[
. on the NRC Staff and FEMA on the subject of Eddleman 240.
See
- " Wells-Eddleman's Interrogatories to NRC Staff and FEMA (6th Set)
. (August. 31,'1984), and Wells Eddleman's General Interrogatories and l
Request for Production of Documents to FEMA /NRC Staff (October 8, i
l 1984).
FEMA responses to' the two set of interrogatories werEFfiled l-
- on September 28, 1984 and October 25, 1984, respectively.
III.. ARGUMENT Y
A. Standards-for Summary Disposition l
FEMA staff response to Applicants' previous Memoranda of Law-
' in Support of Motions for Summary Disposition of Emergency Planning Contentions previously filed is fully applicable to this Motion and is incorporated by reference herein.
1 i
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B. There is No Genuine Issue of Material Fact to be Heard with L
i Respect to Eddleman 240.
t l
Section. 50.47 of NRC's Emergency-Planning Rule (10 CFR Part 50 j
[ Appendix E]) as amended and NUREG 0654/ FEMA-REP-1, Rev. 1, November 1980, " Criteria for Preparation and Evaluation of Radiolo-i gical EmergencyyResponse. Plans and. Preparedness ~in Support of Nuclear PowerfPlants" Tare used by FEMA pursuant to 44 CFR 5 350(a)
~
~in: reviewing, evaluating, and approving State and local radiologi-l
~ cal emergencyfplans and preparedness."
- 10 CFR 5. 50.47 (b) (1) provides:.
Primary responsibilites for. emergency response by-the nuclear facility licensee and by State and
' local organizations within the Emergency Planning I
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- Zones have been. assigned, the emergency re-sponsibilities.of the various supporting organizations have been specifically established, and each principal response organization has staff to respond and to augment its staff on a continuous basis (see also 44 CFR E 350.5 (a) (1).
NUREG 0654/ FEMA-REP-1 provides at Part II, A.1:
a..
Each plan shall identify the State, local,
. Federal and private sector organizations (in-cluding. utilities), that are intended to be part of the overall response organization for Emergency Planning Zones.
b.
Each organization and suborganization having an operational role shall specify its concept of operations, and its relationship to the total ef-fort.
Revision 1 of the North Carolina. Emergency Response Plan in Support of the Shearon Harris Nuclear Power Plant (ERP) dated September 1984 provides at Part 2, III.E.3. that the Chatham County Fire Marshal:
b.
Provide (s) equipment and personnel for decon-tamination operations.
Part 2, III.E.2 provide s that Rescue Squad Captains:
d.
Support volunteer fire departments in decon-tamination operations.
Part 2 IV.E. at page 33 provides in pertinent part that:
(2)
... Decontamination will be done by Radiolo-gical Response Teams.
(6)
The North Carolina RPS may provide-more ex-pert personnel to assist and consult in the event of major shelter contamination problems.
The. affidavits of Mark Scott, (Emergency Management Coordinator, Emergency Services Director and Fire Marshal of Chatham County) and Jesse T. Pugh, III (Director of the Division of Emergency Management of the North Carolina Department of Crime Control and
' Public Safety) clarify which organizations have responsibility for decontamination of evacuees at the specific shelter sites (See Scott Affidavit, para. 4; Pugh Affidavit paras. 3-5).
Mr. Pugh states that the ERP will be amended to reflect which organi -
zations have decontamination responsibilities.
County SOP's will assign decontamination responsibilities for specific shelter sites.
FEMA staff concurs with the Applicants' assessment that the questions raised by the Licensing Board in admitting Eddleman Contention 240 have been resolved and that the Applicants are en-titled to Summary Disposition as a matter of law.
IV.
CONCLUSION Based on the foregoing discussion, the Applicants' Motion for Summary Disposition should be granted.
Respectfully submitted, I
% )k I
et STEVEN M.
ROCHLIS Regional Counsel Federal Emergency Management Agency i
i e
UNITED STATES OF AMERICA NUCLEAR REGULATORY C0tHISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of CAROLINA POWER AND LIGHT COMPANY AND ) Docket Nos. 50-400-OL 50-401-OL NORTH CAROLINA EASTERN MUNICIPAL i) POWER AGENCY 1 (Shearon Harris Nuclear Power Plant, h) Units 1 and 2) CERTIFICATE OF SERVICE I hereby certify that copies of " FEMA STAFF RESPONSE TO APPLICANTS' MOTION
SUMMARY
DISPOSITION OF EDDLEMAN CONTENTION 240" in the above-captioned p have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 1st day of February,1985: James L. Kelley, Chairman
- Richard D. Wilson, M.D.
s Administrative Judge 729 Hunter Street Atomic Safety and Licensing Board Apex, NC 27502 U.S. Nuclear Regulatory Comission Washington, DC 20555 Travis Payne, Esq. 723 W. Johnson Street P. O. Box 12643 Mr. Glenn O. Bright
- Administrative Judge Raleigh, NC 27605 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Dr. Linda Little Governor's Waste Management Building Washington, DC 20555 513 Albermarle Building Dr. James H. Carpenter
- 325 North Salisbury Street Administrative Judge Raleigh, NC 27611 d
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Dr. Harry Foreman, Alternate
- Washington,;DC 20555 Administrative Judge P.O. Box 395 Mayo
~ Daniel F. Read University of Minnesota CHANGE Minneapolis, MN 55455 P. O. Box 2151 Raleigh, NC 27602 l l
- ) * -Robert P. Gruber John Runkle, Executive Coordinator Executive Director Conservation Counsel'of North Public Staff.- NCUC Carolina P.O. Box 991 307 Granville Rd. Raleigh, NC 27602-Chapel Hill, NC 27514 George Trowbridge, Esq. Bradley W. Jones, Esq. Thomas A. Baxter, Esq. Regional Counsel John H. O'Neill, Jr., Esq. USNRC, Region II Shaw, Pittman, Potts & Trowbridge 101 Marietta St., N.W. 1800 M Street, N.W. Suite 2900 Washington, DC 20036 Atlanta, GA 30323 Atomic Safety and Licensing Board Wells Eddleman Panel
- 718-A Iredell Street U.S. Nuclear Regulatory Commission Durham, NC 27701 Washington, DC 20555 Richard E. Jones, Esq.
Steven Rochlis Associate General Counsel Regional Counsel Carolina Power & Light Company FEMA 1371 Peachtree Street, N.E. P. O. Box 1551 Atlanta, GA 30309 Raleigh, NC 27602 Spence W. Perry, Esq. Atomic Safety and Licensing Appeal Associate General Counsel Board Panel
- Office of General Counsel U.S. Nuclear Regulatory Commission FEMA.500 C Street, S.W., Room 840 Washington, DC 20555 Washington, DC 20472 Docketing and Service Section*
Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 Es 3.U= Elaine I.-Chan ' Counsel for NRC Staff 4 -,}}