ML20101T049

Motion for Summary Disposition of Contention U Re Lack of Facilities at Reception Ctrs to Handle Contaminated Property.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision

ML20101T049
Person / Time
Site:	Perry
Issue date:	02/01/1985
From:	Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20101T051	List: ML20101T049 ML20101T057 ML20101T080
References
CON-#185-411 OL, NUDOCS 8502050784
Download: ML20101T049 (6)

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I February 1, 1985 UNITED STATES OF AMERICA '-

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c NUCLEAR REGULATORY COMMISSION y; BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 9-5 49 s7 In.the Matter of ) C l hfifg 4 .g""

) = RANCH THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 OC

. ILLUMINATING COMPANY ) 50-441 O/

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(Perry Nuclear Power Plant, )

Units 1 and 2) )-

APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION OF CONTENTION U The Cleveland Electric Illuminating Company, Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, and The Toledo Edison Company (" Applicants") hereby move the Atomic. Safety and Licensing Board (" Board"), pursuant to 10 C.F.R. S 2.749, for summary disposition in Applicants' favor of Contention U. As discussed herein, there'is no genuine issue as to any fact material to Contention U, and Applicants are entitled to a decision in their favor on Contention U as a matter of law.

This motion is cupported by:

1. -" Applicants' Statement of Material Facts As To Which There Is No Genuine issue To Be Heard On Contention U";-

2. " Affidavit of John Baer on Contention U" ("Baer Affidavit"); and

3. Section II.A of " Applicants' Motion For Summary Disposition of Issue 14" (January 14, 1985)'(articulating the legal standards applicable to a motion-for summary disposition).

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6 I. PROCEDURAL BACKGROUND Prior to the availability of offsite emergency plans for

.the plume exposure pathway emergency planning zone ("EPZ") for the Perry Nuclear Power Plant, the Board admitted a very broad emergency planning contention, Issue 1:

Applicants' emergency evacuation plans do not demonstrate that they provide reasonable assurance that adequate protective measures can and will be taken in the event of an emergency.

See LBP-81-24, 14 N.R.C. 175, 189 (1981), as modified by LBP-81-35, 14 N.R.C. 682, 686 (1981). The Board subsequently noted that the words " State anc local" should be substituted for the word " Applicants'" in the wording of the contention.

See LBP-84-28, 20 N.R.C. 129, 130 n.1 (1984).

After well-developed offsite plans had been publicly available for some time, Applicants (with the support of the Staff) moved for a Board order requiring the particularization of the broad contention. The Board granted Applicants' motion, directing Intervenor to "specify in a written filing the specific inadequacies alleged to exist in the draft local and State emergency plans * * *." See LBP-84-28, 20 N.R.C. at 132.

Contention U was initially advanced in " Sunflower Alliance's Particularized Objections To Proposed Emergency Plans In Support of Issue No. I" (August 20, 1984). Over the opposition of Applicants and the Staff, the Board admitted a form of thet contention. As admitted by the Board,l/

1/ The Board expressly rejected all allegations of the proposed contention which are not included in the contention as framed by the Board. See January 10, 1985 Memorandum ~and Order, at 5.

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• . Contention U alleges:

l Reception centers do not have the means or -

facilities for handling contaminated property.

" Memorandum and Order (Admissibility of Contentions on l . Emergency Plans and Motion To Dismiss)" (January 10, 1985), at 7.

As the Board has noted,. discovery on emergency planning issues.in this proceeding has been completed. See January 10, 1985 Memorandum and Order, at 5. Further, the schedule proposed by Applicants establishes February 5, 1985 as the last day.for filing summary disposition motions. See January 18, 1985 Letter, Counsel for Applicants to Licensing Board.

l 'Accordingly, the instant motion is timely, and contention U is ripe for summary disposition.

II. GOVERNING LEGAL STANDARDS A. Summary Disposition Section II.A of " Applicants' Motion For Summary Disposition of Issue 14" (January 14, 1985)' sets forth the legal standards applicable to a motion for summary disposition.

The discussion there is fully applicable to this Motion and is t

incorporated by reference herein.

, B. Substantive Law I

The Commission's emergency planning regulations, at 10 C.F.R. S 50.47(b)(10), require, in relevant part, _thats l

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A range of protective actions have been developed for the plume exposure pathway for * *

• the public.

This planning standard is further addressed by

- NUREG-0654/ FEMA-REP-1, " Criteria For Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness In Support of Nuclear Pcwer Plants" (Rev. 1, November 1980).

NUREG-0654 Criterion J.12 provides, in part:

Each organization shall describe the means for registering and monitoring

-of evacuees at relocation centers in host areas.

III. ARGUMENT Applying the Commission's summary disposition standards to the facts of this case, it is clear that the instant motion for summary disposition of Contention U should be granted.

Contention U states that reception centers do not have the means or facilities to handle contaminated property. Sunflower supported this allegation by alleging that "the draft plans did not have any means or facilities" for handling such material, Sunflower Alliance's Particularized Objections to Proposed Emergency Plans in Support of Issue No. I, dated August 20, 1984, at 22, notwithstanding the treatment of this issue in the plans. See Applicants' Motion to Dismiss, dated September 20, 1984 at 43-44. ,

The evidence presented by the Baer Affidavit clearly demonstrates that the reception centers do have the means and facilities to handle contaminated property. The emergency

' plans and procedures for each of the three counties comprising the plume exposure pathway EPZ provide for monitoring, decontamination and isolation of vehicles and property at reception centers, including the establishment of standard action levels. Baer Affidavit, 1 3. Procedures in each county provide guidance and direction to the fire department personnel, who are responsible for monitoring and decontamination at reception centers, on the handling of contaminated property and vehicles. Id., 1 4. More than enough fire department personnel will have been trained, prior to fuel load, on handling contaminated property and vehicles.

Id., 1 5.

Prior to fuel load, each reception center will have in place emergency kits containing the equipment and supplies needed for monitoring and decontamination, together with specific instructions for temporarily storing contaminated property and impounding centaminated vehicles. Id., 1 6.

Because each reception center is a public educational institution, parking lots and recreational fields are available for isolating contaminated vehicles. Id.

Any personal property which is sufficiently contaminated that it must be disposed, would be sealed ~in plastic bags and its disposal with a licensed commercial radioactive waste disposal firm arranged by the Ohio EPA. Id, 1 4. No advance agreement is required with such commercial firms. Kansas Gas and Electric Co. (Wolf Creek Generating Station, Unit 1),

LBP-84-26, 20 N.R.C. 53, 110 (1984).

Based upon this evidence, it is clear that the reception centers do have the means and facilities for handling contaminated property.

IV. ~ CONCLUSION Because there is no genuine issue of material fact to be heard on the issue of handling contaminated property at reception centers, Applicants' Motion For Summary Disposition of Contention U should be granted.

Respectfully submitted,

-.. JAAC l J . Silbefg , P.C.' /

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ITTMAN, POTTS&fTROWBRIDGE 1 F Street, N.W.

l W hir gton, D.C. 20036 (202)'822-1000 Counsel for Applicants Dated: February 1, 1985 4

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