ML20104A634

Statement of Matl Facts as to Which There Is No Genuine Issue

ML20104A634
Person / Time
Site:	Perry
Issue date:	01/30/1985
From:	Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20104A615	List: ML20104A611 ML20104A634 ML20104A642
References
OL, NUDOCS 8502010419
Download: ML20104A634 (2)

Text

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January 30, 1985 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 ILLUMINATING COMPANY ) 50-441

)

(Perry Nuclear Power Plant, )

-Units 1 and 2) )

APPLICANTS' STATEMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE TO BE HEARD ON CONTENTION DD Pursuant to.10 C.F.R. S 2;749(a), Applicants state, in support of their Motion for Summary Disposition on Contention DD~in this. proceeding, that-there is no genuine issue to be

' heard with. respect to the following material facts:

l 1. .The. Emergency Operations Facility (" EOF") for the Perry Nuclear Power Plant ("PNPP") is' located approximately 1,970 feet from the Unit 1 reactor building and about 1,800

' feet from the Unit 2 reactor building. Affidavit of Daniel D.

l Hulbert on Contention DD ("Fulbert Affidavit"), 1 3.

2. The PNPP EOF.'is located about 1,500 feet beyond the security boundary for Unit 1 and 1,200 feet from where the-security boundary for Unit 2 will be after construction of Unit 2 is completed. Hulbert Affidavit, 1. 4.

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3. The only NRC guidance on the minimum distance that an

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EOF should be from a nuclear power plant is contained in Generic Letter No. 82-33, Supp. 1 to NUREG-0737 (December 17, 1982), which states that an EOF should be beyond the plant security boundary. Hulbert Affidavit, 1 4.

4. NRC documents NUREG-0814 and NUREG-0696 do not recommend that an EOF be located off-site, but provide criteria for EOF locations within 10 miles from the plant and beyond 10 miles-from the plant. Hulbert Affidavit, 1 5.

5. Specific Commission approval of an EOF location is only required if the EOF is beyond 20 miles from the plant.

--Hulbert Affidavit, 1 5.

.6. ~ County decision-makers do not come to the EOF in the event of an accident at PNPP, but convene in their respective county emergency operation centers. Hulbert Affidavit, 1 6.

7. The PNPP EOF is located consistent with NRC criteria and guidance. .Hulbert Affidavit, 1 7.

Respectfully submitted,

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Jay E/ 1 erg,.P.C. I SHAW P T MAN, POTTS & ROWBRIDGE 1800 St eet, N.W.

Washingt n, D.C. 20036 (202) 822-1000 Counsel for Applicants 1 DATED: January 130, 1985