ML20106A269

Statement of Matl Facts as to Which There Is No Genuine Issue Re Contention G Concerning Availability of Potassium Iodide for Emergency Workers

ML20106A269
Person / Time
Site:	Perry
Issue date:	02/05/1985
From:	Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20106A256	List: ML20106A254 ML20106A269 ML20106A279 ML20106A287
References
OL, NUDOCS 8502110100
Download: ML20106A269 (4)

Text

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February:5, 1985

' sc UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMI5 SIR -8 A10 34 BEFORE THE ATOMIC SAFETY AND L CBhhING!BOhRD s A N'a

-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 G Pursuant to 10 C.F.R. 5 2.749(a), Applicants state, in support of their Motion for Summary Disposition of contention G, that there is no genuine issue to be heard with respect to-

- the following material facts:

1. Federal regulations do not require the use of KI ei-ther for offsite emergency workers or the genera 1 public.

Mauro Affidavit at 1 12.

2. Current federal policy on KI recognizes that decisions on the provision of KI to offsite emergency workers and the public are the prerogative of the responsible state and local

. governments. Id. at_11 12-22.

3. The position of the State of Ohio, as set forth by the State Director of Health, is that KI should not be issued for I

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[ the general population or offsite emergency workers. Miraldi Affidavit at 1 2. The rationale for the State's public health

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j. . policy decision is stated in the State of Ohio Plan for Re-

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sponse to Radiological Emergencies at Licensed Nuclear Facili-ties-(Edition of 1984), 5 III, Letter No. 12.

l 4. All three counties within the Perry EPZ have followed the State's advice concerning KI. Lake County Emergency Re-sponse Plan for the Perry Nuclear Power Plant (Rev. 3, October 1984), 5 K-04; Ashtabula County Radiological Emergency Pre-paredness Plan (May 10, 1984), 5 J.5; Geauga County Ra-diological Emergency Response Plan (Change No. 2 dated July

(. 1984), 5 J-7.

5. The Ohio policy on KI currently is under review. The Director of the Radiological Health Program of the Ohio Depart-ment of Health is empaneling an "Ad Hoc Committee on Potassium Iodide" to review the present policy and make recommendations to the Ohio Department of Health. Miraldi Affidavit at 11 3-4.

6. The benefits associated with the offsite use of KI are offset by its deficiencies, both for emergency workers and the public. Mauro Affidavit at 11 3, 36-37. .

7. Although KI, if properly used, would significantly reduce the internal dose to the thyroid gland from inhaled or

' ingested radioiodine, the benefits of KI use in a radiological emergency are questionable. Id. at 1 25.

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8. Studies have shown that the probability of a large re-lease of radiciodine following a core melt accident is much lower than previously thought. Id,. at 1 9.

9. There is increasing evidence that radioiodine source terms following severe reactor accidents have been grossly overestimated in the past. Id. at 11 15, 36.

10. The health consequences of exposure to the thyroid gland from radiciodine are marginal compared to exposure to the whole body from radioiodine and other radionuclides.

Id. at 1 25.

11. Studies demonstrate that ad hoc measures (e.g., shel-tering, or using wetted towels or sheeting) provide protection i

against exposure to the thyroid comparable to KI, while protecting other organs as well. Id. at 1 11.

12. The potential benefits of offsite KI use are so small that the transportation risks associated with stockpiling the drug may alone be sufficient to offset them. Id. at 11 34-35.

13. The costs of making KI available for use by offsite emergency workers and the public include both economic costs, and potential costs to the public health and safety.

Id. at 1 26.

14. Economic costs include the purchase price of the drug, periodic replacement costs (every three years), costs for stockpiling, distributing and monitoring the status of the drug, and administrative expenses. Id. at 1 27.

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15. Public he,alth costs include numerous potential ad-verse side effects, including possible effects on newborn chil-dren, the elderly, pregnant women, the developing fetus, and people with allergic reactions. Id. at 11 10, 29-32.

16. Use of KI in an emergency can impact the public safe-ty by interfering with other, more effective, protective mea-sures, such as shelter and evacuation. Id. at 11 32-33.

17. Requiring the use of KI for the Perry Nuclear Power Plant, either for offsite emergency workers or the public, would not significantly enhance the public health or safety.

The decision by the State of Ohio and the Counties of Lake, Ashtabula and Geauga not to use KI is a reasonable one.

Id. at 1 38.

Respectfully submitted,

,/k d 2( /

Jay- E S lberg, P.C. '}

Mich el . Swiger  !

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

Washington, D.C. 20036 (202) 822-1000' DATED: February 5, 1985 t

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