ML20112E033

Discusses Proposals for Submittal Dates of Prefiled Testimony & Commencing Hearings on Emergency Planning within mid-Apr - Early May Time Frame.Further Rept Will Be Provided Following 840323 Meeting.Related Info Encl

ML20112E033
Person / Time
Site:	Catawba
Issue date:	03/12/1984
From:	Knotts J BISHOP, COOK, PURCELL & REYNOLDS
To:	Hooper F, Lazo R, Margulies M Atomic Safety and Licensing Board Panel
Shared Package
ML20112E013	List: ML20112E033 ML20112E045
References
FOIA-84-253 NUDOCS 8501150007
Download: ML20112E033 (11)

Text

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LAW OFFICES OF BISHOP, LIBERMAN. COOK, PURCELL & REYNOLDS s2OO SEVENTEENTH STR E ET, N. W.}

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IN NEWYOmM WAS HIN GTON, D. C. 2 00 36 essHOp LierRMAN & COOM (202) 657-9800 26 anomoway Ntw vonM NEW voma #0004 TELEX 440574 INTLAW UI (212)248-6800 March 12, 1984 Morton B.

Margulies, Chairman Dr. Robert M.

Lazo Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S.

Nuclear Regulatory Commission U.S.

Nuclear Regulatory Washington, D.C.

20555 Commission Washington, D.C.

20555 h

j Dr. Frank P.

Hooper University of Michigan i

School of Natural Resources h

O*

Ann Arbor, Michigan 48109 Re:

Duke Power Company, et al.,

(Catawba Nuclear Station, Units 1 and 2)

Docket Nos. 50-413 and 50-414.

Gentlemen:

Pursuant to this Board's Memorandum and Order of February 28, 1984, Applicents provide this report regarding discussions among the parties of proposals for specific dates for submitting prefiled testimony and commencing the hearings on emergency planning within this Board's stated mid-April to early May time frame.

This report is being submitted today rather than on March 7 as originally ordered in accordance with a request initiated by l

Mr. Guild, agreed to by Mr. McGarry, and communicated by him to, and approved by, Chairman Margulies on March 6, 1984.

l l

Applicants' proposal, which has been discussed with Mr.

i McGurren for the NRC Staf f and with Mr. Guild, is that (a) the hearings on emergency planning commence on April 24, 1984, and (b) pre-filed testimony be due on April 9, 1984.

We request that the Board set aside four weeks for the hearings on emergency planning issues; while none of the counsel are able to make a precise estimate of time needed, on behalf of Applicants, we remain hopeful that an adequate record ca_n be compiled in two to three weeks.

Applicants' counsel have also agreed with Mr. Guild and Mr. McGurren that a conference to explore possible agreements on matters of procedure and substance till be held in Charlotte l

on March 23.

I 1

b E501150007 840509

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i PDR FOIA AHLERS84-253 PDR

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Mr. McGurren has advised us on behalf of the NRC Staff that he has no objection to the foregoing schedule.

Mr. Guild has advised us that while he would have no problem with the dates for pre-filed testimony and commencement of the hearing in the abstract, he is unable to agree to our proposal in the absence of an agreement that either Intervenors be relieved of present and anticipated obligations with regard to diesel generator contentions in the safety hearings or that emergency planning hearings be postponed until after the completion of diesel generator matters.

Mr. Guild also maintains the Intervenors' previously stated position that the bifurcation of the proceeding is prejudicial to them.

Applicants, at this juncture cannot predict when further safety hearings on diesel generator matters may be held.

On the other hand, we can project an emergency planning hearing schedule within the approxicate timeframe stated by this Board, and have done so.

While it is certainly appropriate for Mr. Guild to make known the Intervernors' position on these matters at this stage, it seems to us pre =ature to rule on the question of deferring cne set of approximately-scheduled hearings at the expense of another not yet scheduled.

There will be time enough to deal with a conflict in hearing schedules if and when such arises.

Simultaneous preparation on different issues is another matter, one which parties eften encounter and, albeit with hard work and long hours, manage.

We expect to provide a further report following the March 23 meeting of the parties as to any progress in discussions of possible agreement on substantive and procedural matters.

Ve truly yours, ose B. Knott J r.

C sel for Duke Power Company cc:

Service List

RECOtmEUDATIONS

[#A1

& (P19 1.

There is a conflict of interest when the same~ corporation which built and promotes the McGuire plant also-designs, weighs, and ultimately determines most of the emerdentV~ planning information the public receives as well as how they receive it. This compromises the public's right to a balanced approach toward planning and poses the danger of lulling

.the public into a false sense of security.

Greater public participation in decisions about what to include in public information programs, including the brochure, will assure a more balanced approach toward emergency planning.

A PUBLIC DECISION-MAKING COMMITTEE SHOULD BE ESTABLISHED TO PERFORM MOST OF THE PUBLIC INFORMATION FUNCTIOIiS N0'll PERFORMED ALMOST EXCLUSIVELY BY DUKE POWER COMPANY. The committee should be comprised of representatives of Duke Power Co., government officials, ordinary citizens, and representatives of organizations whose concerns for public health and safety are well documented. Input should be openly encouraged from everyone and decisions should be made in meetings open to the general public. Particular input should be encouraged from educational and other groups within the EFZ.

This will also stimulate greater public awareness of these issues.

2.

Public education efforts about emergency planning for the EFZ population are required to be financed primarily by Duke Power Company, although these costs are ultimately charged to the ratepayers. TO ENSURE THAT THESE FUNDS ARE NOT CCi: TROLLED BY ANY ONE PARTISAN BODY, TEEY SHOULD BE DEPOSITED IN A "C0!7 UNITY CHEST" ON AN ANNUAL BASIS AND INTENDED SPECIFICALLY FOR THE FUBLIC INFORMATION PROGRAM. Their use would be determined by a public decision-making body such as the one already discussed.

3 The emergency response brochure is currently the primary instrument used to reach the public. However, it is easy to misplace or lose these pamphlets. A BETTER PRIMARY INSTRUMENT MIGHT BE A UTILITY OR CLOSET DOOR POSTER WHICH CAN BE HUNG IN A PERMANENT LOCATION WHERE THE WHOLE FAMILY CAN ALWAYS FIND IT.

b There is a clear need to STRENGTHEN THE INVOLVEMENT OF EDUCATIONAL GROUPS, CIVIC GROUPS, AND THE MEDIA IN DISSEMINATING INFORMATION.

Such involvement will increase the visibility of the information.

One example is to request periodic public service announcements by the media.

EMERGENCY PLANS SHOULD BE REVIEWED AND UPDATED ANNUALLY USING RESULTS OF SURVEYS performed by an independent research firm responsible to,

a public body. Although the Federal Emergency Management Agency (FEMA) is supposed to perform annual surveys immediately after the drills, very few have actually been performed. With greater public insistence such a survey might be regularly performed in our local EPZ's. Duke Power Company also conducts surveys of EPZ populations and may be willing to share their information with the public.

5

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CC.3-1 Report Nos. 413/83-19, 414/83-17 CC.4-1 CC.7-1 Various other aspects of the SIE findings were reviewed and are documented in Report Nos. 413/82-30, 414/82-28; 413, 414/83-02; 413, 414/83-05; and 413/83-37, 414/83-32.

In addition, an eleven mernoer panel has provided a full day's testimony relative to the SIE to the ASLB and parties during the recent licensing hearing.

In summary, the NRC has conducted a thorough review of the SIE and the corrective actions implemented.

Licensee actions concerning the findings are adequate and this matter is closed.

No violations or deviations were identified.

6.

Licensee Identified Items 50.55(e) (Units 1 and 2) a.

(Closed) CDR (413, 414/82-18): Radiographic examinaticns not performed on flux core welding filler material.

Responses for this item were submitted on October 1, 1982 and January 10, 1983.

The inspector reviewed and verified implementation of corrective actions for this item and considers these actions to be satisfactory.

'~

b.

(Closed) CDR (413, 414/83-09):

Swing check valves have tack welds in lieu of fillet welds. The response for this item was submitted on September 1,1983.

The inspector reviewed and verified implementation of the corrective actions for this item and considers these actions to be satisfactory.

i No violations or deviations were identified.

l 7.

Emergency Response Drill (Unit 1)

The inspectors participated in the emergency response exercise held on February 15 and 16, 1984 and inspector VanDoorn attended the public meeting concerning the exercise, held on February 17, 1984.

No violations or deviations were identified.

8.

Maintenance Observation (Unit 1)

Station maintenance activities of selected systems and components were observed / reviewed to ascertain that they were conducted in accordance with the requirements.

The inspector verified licensee conformance to the requirements in the following areas of inspection: (1) that the activities were accomplished using approved procedures, and functional testing and/or calibrations were performed prior to returning components or systems to service; (2) quality control records were maintained; (3) that the

,-)

activities were accomplished by qualified personnel; and, (4) parts and

(_

materials used were properly certified.

Work requests were reviewed to l

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OBaHelle Pacific Northwest Laboratorie3 5

!!/0, 4 nO. Box 999 Richland, %ashington U.5 A. 99352 Telephone (50'h Telen 15-2874 February 24, 1984 To:

File A,, /

y From:

W. V. Thoma

Subject:

Allegations of Palmetto Alliance Intervenor On February 22, 1984 I was informed by Mr. Gary Huffman NRC Region II team leader for the Catawba Nuclear Power Station Emergency Preparedness exercise, that the intervenor who accompanied the Alpha offsite monitoring team stated at the public hearing on February 17, 1984 that the offsite monitoring teams sat around at Granny's Kitchen for over two hours drinking cof fee while the hypothetical release of radioactive material was taking place from the plant. He further stated that no attempt was made to track the plume (release) and that this constituted a major deficiency in the offsite monitoring program as practiced by Catawba Nuclear Power Station. He insisted that this deficiency be read into the record of the findings of the public hearing and should be reason enough to preclude the issuance of an Operating License to Catawba.

I was the PNL observer of the offsite monitoring team which the intervenor accompanied.

I offer the following comments on the allegations made by the intervenor. The following chronology of events was excerpted from my notes taken during the exercise.

February 16, 1984 0715 Exercise resumed.

0730 Arrived at offsite monitoring location A0-1-35.

Background

readings reported to Bace-2, 0735 Received plant condition status update by radio.

0742 Loss of all offsite power reported. General emergency declared.

No offsite release. Team instructed to prepare to don protective clothing and prepare to simulate taking KI.

0750 Plant status update by radio. Evacuate to 2 miles, shelter to 5 miles in downwind sectors.

lo.

t s

File February 24, 1984 Page 2 0900 Alpha team dispatched to A0-1-5 and told to standby for instructions.

(This is the Granny's Kitchen location, which is a predesignated staging area and sampling point for offsite monitoring teams. At all times while at this location radio contact was maintained with Base Station-2.)

The Alpha team remained at this location in a standby mode prior to 1100 hrs. as directed by the offsite team communicator (Base Station-2). This standby period may have been perceived incorrectly by the intervenor.

1030 Team instructed that core melt sequence had started, instructed to dress out in protective clothing and simulate taking KI.

1100 Alpha team dispatched to A0-2-37.

Informed that plant structures are intact and that no release had taken place.

1135 Controller informed team that external radiation levels had increased "to 25 mR/hr.

1132 Team informed that air return fan inside containment had shattered and a fan blade had damaged a penetration to the annulus initiating a release of radioactive material from the plant.

1134 Helicopter witn Echo team dispatched.

1138 Echo team reported plume contact.

Instructed to traverse plume from east to west and report coordinates.

1140 -Team instructed to take air sample.

1144 Echo team reported eastern and western plume boundaries.

1147 Air sample started.

1200 Air sample completed.

1200 Update from plant.

Release terminated.

1210-1300 Team proceeded to track western edge of plume as instructed by Base-2.

1320 Returned to plant, exercise terminated.

e e,

-4 File February 24, 1984 Page 3 Additional Comments and Observations The intervenor who accompanied Alpha team was not wearing a watch. He requested the time from me on numerous occasions.

The intervenor did

-not have access to a copy of the scenario There was no release of radioactivity prior to 1130 hrs.

It would take the plume approximately 5 minutes to reach our location as correctly reported to the team by the controller.

From 1210-1300 the team properly and correctly characterized the western boundary of the plume.

WVT/ deb cc:

G. Huf fman, Region II T. H. Essig J. B. Martin

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,. e UNITED STATES f

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o NUCLEAR REGULATORY COMMISSION.

hO J hr g

R EGloN il g

g 101 MARlETTA STRE ET. N.W.

8 ATLANTA GEORGIA 30303 O

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m g1 ma Duke Power Company ATTN:

Mr. H. B. Tucker, Vice President Nuclear Production Department 422 South Church Street Charlotte, NC 28242 Gentlemen:

SUBJECT:

REPORT NOS. 50-413/84-23 AND 50-414/84-14 On January 26 - February 26, 1984, NRC inspected activities authorized by NRC Construction Permit Nos. CPPR-116 and CPPR-117 for your Catawba facility. At the conclusion of the inspection, the findings were discussed with those members of your staff identified in the enclosed inspection report.

Areas examined during the inspection are identified in the report. Within these areas, the inspection consisted of selective examinations of procedures and representative records, interviews with personnel, and observation of activities in progress.

Within the scope of the inspection, no violations or deviations were identified.

In accordance with 10 CFR 2.790(a), a copy of this letter and the enclosures will be placed in NRC's Public Document Room unless you notify this office by telephone within ten days of the date of this letter and submit written application to withhold information contained therein within thirty days of the date of the letter. Such application must be consistent with the requirements of 2.790(b)(1).

Should you have any questions concerning this letter, please contact us.

Sincerely, e

u-- e u4%

gh C.

nce, Chief P oject ranch 2 Division of Project and Resident Programs

Enclosure:

Inspection Report Nos. 50-413/84-23 and 50-414/84-14 cc w/ encl:

R. L. Dick, Vice President - Construction g

J. W. Hampton, Station Manager g y;3, s-e q

4'/pgj8,qj NUCLEAR REGULATORY COMMISSION UNITED STATES OF AMERICA ATOIkSAFETYANDLICENSINGBOARD Nd b Before Administrative Judges:

g c;,

Morton B. Margulies, Chairman 00Ce: ":

EF.

W '"

Dr. Robert F. Lazo Dr. Frank F. Hooper SERVED s?ii 41984

)

In the Matter of

)

Docket Nos. 50-413 OL

)

50-414 OL DUKE FOWER COMPANY, ET AL.

)

)

ASLBP No. 81-463-06A OL (Catawba Nuclear Staticn, Units 1

)

and 2 (Emergency Fle ming))

)

April 2, 1984

)

ADJUDICATORY HEARING SCHEDULE ON EMERGENCY PLANNING CONTENTIONS On February 27, 1984, we were established as a separate Licensing Board to preside over all emergency planning issues in the captioned proceeding. There are ten contentions that had been submitted by Intervenors Palmetto Alliance and Carolina Environmental Study Group and were admitted.

~

By order of February 28, 1984, we called upon the parties to attempt to rt. solve the emergency planning issues through negotiation and stipulation. Fillowing two in person conferences and two telephone conferences with the Licensing Board, the parties have been unable to settle any of the contentions or to arrive at a mutually acceptable date to commence the adjudicatory hearing on emergency planning contentions.

Duke Power Company and' Nuclear Regulatory Commission Staff have proposed that for the ten contentions prefiled testimony be filed on April 16, 1984 and the hearing comence on April 24, 1984.

Intervenors bb K O of

'e

.c-

, seek a prehearing conference to narrow the issues.

They also want to postpone holding the hearing on emergency planning issues until safety contentions pertaining to diesel generators are heard.

The original Licensing Board has under consideration two safety contentions pertaining to diesel generators, which are the subject of discovery.

It also has referred to the Appeal Board reject :r of two generic diesel generator issues, which are presently under

. consideration. S ke Pcwer Ccmpany aise pr:;:ses to subnit t: the Licensing Board on April 6,1984, a motion to pemit fuel loading at the facility by the end of May 1984.

After due consideration of all of the foregoing, we have decided the following:

(a) No useful purpose would be served in holding a prehearing conference to narrcw the emergency plannir.g issues because the parties, after several weeks, have already proven unsuccessful in so doing.- In denying the request, it is not to inhibit the parties from continuing to seek to resolve issues by stipulation and settlement, simultaneously with going forward with the proceeding; and (b) The prefiled testimony should be served on the parties and the Licensing Board by April 16, 1984 and the adjudicatory hearing should commence on-May 1, 1984, at Rock Hill, South Carolina. The hearing will proceed through May 11, 1984, and will continue thereafter as circumstances develop and require. Comencement of the hearing on May 1,1984 is conditioned upon Applicant and Staff agreeing that the time for-discovery on diesel generator issues stop running through May 11,

'N

0-3-

1984, and that this be approved by the appropriate Licensing Board. The foregoing action should pemit Intervenors to prepare for the emergency planning issues.

The time and place for commencing the adjudicatory hearing on May 1, 1984, will be by further notice.

This order will be read to the parties en *cril 2,1984.

It is so Ordered.

FOR THE ATC:0 S *FETY Af D LICE:;5:'.3 ECARD wt w

M6rton 5. Marguiies, Cha/r...an ADMINISTRATIVE LAW JUDGF Dated at Bethesda, Maryland this 2nd day of April 1984.

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