ML20112G975

Statement of Matl Facts as to Which There Is No Genuine Issue.Certificate of Svc Encl

ML20112G975
Person / Time
Site:	Harris
Issue date:	01/14/1985
From:	Hollar D CAROLINA POWER & LIGHT CO.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20112G899	List: ML20112G897 ML20112G929 ML20112G947 ML20112G955 ML20112G967 ML20112G975
References
OL, NUDOCS 8501160587
Download: ML20112G975 (5)

Text

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January-14,1985 -

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UNITED STATES OF AMERICA .

NUCLEAR REGULATORY COMMISSION 'd3 ', ' "' UD :1[>

BEFORE THE ATOMIC SAFETY AND LICENSING BdAIID' ~ . g .

~h $$5 In the Matter of )

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CAROLINA POWER & LIGHT COMPANY )

AND NORTH CAROLINA EASTERN ) Docket No. 50-400 OL MUNICIPAL POWER AGENCY )

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(Shearon Harris Nuclear Power Plant) )

)

APPLICANTS' STATEMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE TO BE HEARD ON EDDLEMAN CONTENTION 57-C-10 Pursuant to 10 C.F.R. S 2.749(a), Applicants' state, in support of their Motion for Summary Disposition of Eddleman Contention 57-C-10, that there is no genuine issue to be heard with respect to the following material facts:

1. In admitting Eddleman Contention 57-C-10, the Licensing Board stated that "what would appear to be needed are sound estimates of the protection afforded by potential shelters typical of the SHNPP plume EPZ." "Further Rulings On Admissibility Of Offsite Emergency Planning Contentions Submitted By Intervenor Wells Eddleman" (June 14,1984) at 18.

2. In order to address the Board's ruling on this Contention, Applicants commissioned a survey of the housing stock in the Harris plume EPZ to determine the characteristics of " typical" housing. The survey concentrated on identifying those characteristics that are most relevant to the sheltering effectiveness of the housing, that is, the number of stories, presence or absence of a basement, and type of exterior finish. Black Affidavit,14.

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3. Based upon a review of tax records and the results of a field survey, it was .

concluded that a typical residence in the Harris EPZ is a single-family, single story house -

of wood or brick exterior construction and with no basement. Black Affidavit,114-9, 11.

4. Based upon the results of the housing survey, estimates of the level of protection from radiation afforded by a " typical" residential structure have been developed. Sheltering effectiveness is measured in terms of the Protection Factor (PF) of a structure. Black Affidavit,111.

5. Using information in an Environmental Protection Agency guidance document which has been approved by the NRC in NUREG-0654, representative PFs for direct exposure have been estimated for residential structures typical of those in the EPZ. PFs have been estimated both for direct exposure to airborne nuclides and to deposited nuclides. Black Affidavit, 1113-14 and Attachment 7. ~

6. Estimates of the PF for Inhalation exposure of residential structures typical of those in the EPZ have also been developed. The PF estimate for inhalation exposure varies depending upon the immersion time. Immersion time is the duration of time that a person stays in a structure during the passage of a radioactive plume. Black Affidavit, 1115-17 and Attachment 9.

7. The North Carolina Division of Emergency Management has accepted the results of Applicants' housing survey and the protection factor estimates for typical housing in the EPZ. Pugh Affidavit,13.

8. The off-site emergency plan for the liarris Plant will be amended to reflect the results of the housing survey and to include an analysis of the level of protection from radiation releases afforded by typical residential structures in the EPZ. The estimated PFs of typical residential structures will be listed in the plan. With the addition of this information, the off-site plan will comply with criterion J.10.m. of NUREG-0654 which n

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calls for inclusion of information on the " expected local protection afforded in

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residential units or other shelter for direct and inhalation exposure." The information will be available to officials who will decide what protective action to take in the event of an accident at the Harris Plant. Pugh Affidavit,13.

This 14th day of January,1985.

Respectfully submitted, A0 4. /&

Dale E. Ilollar, Esq.

Associate General Counsel Carolina Power & Light Company Post Office Box 1551 Raleigh, North Carolina 27602 (919) 836-8161 Attorneys for Applicants:

Thomas A. Baxter, P.C.

Delissa A. RIdgway, Esq.

Shaw, Pittman, Pctts & Trowbridge 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 Richard E. Jones, Esq.

Samantha Francis Flynn, Esq.

Carolina Power & Light Company Post Office Box 1551 Raleigh, North Carolina 27602 (919) 836-6517 G*

J UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION  %

BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARkN e~ ' ' G

. A10;q In the Matter of )

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CAROLINA POWER & LIGIIT COMPANY )

AND NORTH CAROLINA EASTERN ) Docket No. 50-400 OL MUNICIPAL POWER AGENCY )

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(Shearon Harris Nuclear Power Plant) )

CERTIFICATE OF SERVICE 1 hereby certify that copies of " Applicants' Motion for Summary Disposition of EPJ-5," "Appilcants' Statement of Material Facts As To Which There is No Genuine Issue To Be Ileard on EPJ-5,"" Affidavit of Jesse T. Pugh, III in Support of Applicants' Motion for Summary Disposition of EPJ-5," " Applicants' Motion for Summary Disposition of CCNC Contention 2," " Applicants' Statement of Material Facts As To Which There Is No Genuine Issue To Be IIcard on CCNC Contention 2," " Affidavit of Jesse T. Pugh, III in Support of Applicants' Motions for Summary Disposition of CCNC Contention 2 and Eddleman Contention 57-C-10," " Affidavit of Robert G. Black, Jr. In Support of Applicants' Motions for Summary Disposition of CCNC Contention 2 and Eddleman Contention 57-C-10," " Applicants' Motion for Summary Disposition of Eddleman Contention 57-C-10," and " Applicants' Statement of Material Facts As To Which There Is No Genuine Issue To Be lleard on Eddleman Contention 57-C-10" were served this 14th day of January,1985 by deposit in the United States mail, first class, postage prepaid, to the parties on the attached Service List.

A 4. A Dale li. liollar Associate General Counsel Carolina Power & Light Company Post Office Dox 1551 Raleigh, North Carolina 27602 Dated: January 14,1985 (919) 836-8161

4 SERVICE LIST --

James L. Kelley, Esquire M. Travis Payne, Esquire Atomic Safety and Licensing Board Edelstein and Payne U. S. Nuclear Regulatory Commission Post Office Box 12643 Washington, D. C. 20555 Raleigh, North Carolina 27605 Mr. Glenn O. Bright Dr. Richard D. Wilson

- Atomic Safety and Licensing Board 729 Hunter Street U. S. Nuclear Regulatory Commission Apex, North Carolina 27502 Washington, D. C. 20555 Mr. Wells Eddleman Dr. James H. Carpenter 718-A Iredell Street Atomic Safety and Licensing Board Durham, North Carolina 27705 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Thomas A. Baxter, Esquire Delissa A. Ridgway, Esquire

. Charles A. Barth, Esquire Shaw, Pittman, Potts & Trowbridge Myron Karman, Esquire 1800 M Street, NW Office of Executive Legal Director Washington, D.C. 20036 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Bradley W. Jones, Esquire U. S. Nuclear Regulatory Commission .

Docketing and Service Section Region 11 Office of the Secretary 101 Marietta Street U. S. Nuclear Regulatory Commission Atlanta, Georgia 30303 Washington, D. C. 20555 Robert P. Gruber Mr. Daniel F. Read, President Executive Director Chapel Hill Anti-Nuclear Public Staff Group Effort North Carolina Utilities Commission Post Office Box 2151 Post Office Box 991 Raleigh, North Carolina 27602 Raleigh, North Carolina 27602 Dr. Linda Little Mr. Spence W. Perry Governor's Waste Management Board Federal Emergency Management Agency 513 Albemarle Building 500 C Street, S.W.

325 Salisbury Street Room 840 Raleigh, North Carolina 27611 Washington, D. C. 20740 Mr. Steven Crockett, Esquire Steven Rochlis Atomic Safety and Licensing Federal Emergency Management Agency Board Panel 1371 Peachtree Street, N.E.

U. S. Nuclear Regulatory Commission Atlanta, Georgia 30309 Washington, D. C. 20555 John D. Runkle, Esquire Conservation Council of North Carolina 307 Granville Road Chapel Hill, North Carolina 27514