ML20127M532

Submits Appeal Revoking RM Krimm 850521 & 30 Certifications Re Offsite Radiological Planning & Preparation for Plant & Declaring That Emergency Plans Inadequate Per 44CFR350.12(e) & 350.15(a).Related Correspondence

ML20127M532
Person / Time
Site:	Limerick
Issue date:	06/25/1985
From:	Anthony R ANTHONY, R.L.
To:	Federal Emergency Management Agency
References
CON-#385-613 NUDOCS 8507010267
Download: ML20127M532 (1)

Text

y pfs 2ccVsr/NG +5GAvic6 (tujh pmwteMsb Hox 186, Moylan, Pa. 19065 Diractor, FS'IA June 25 , 1985 500 C Street SW .

Washington D.C. 20472 RS: NOTICE OF APFEAL Limerick Gen.Sta. Offsite Emergency Plans. NRC _50-352,353

Dear Madam or Sir,

. OC R.L. Anthony /F0E, intervenors in the NM oper a ting license proceedings for Phila. Electric's Limerick nuclear plant a eal from the memoranda of Richgrd M. Krims to Edward L. Jordan,NRC, dat g 5 g dd /30/95 certifying the offsite radiological planning and preparation Yor imerick plant " adequate to provide reasonable assurance that protective measures can be implemented. . ." We appeal to the Director to revoke this certifoloattion:and. to declare that the emergency plans at this time are not adequate and are0Gfoti W be implemented,as set forth below.

Ye appeal under 44 CFR 350.12 (e) arid 35 ).

1. We wrote .to R.W. Krimm on 6/2/85 requesting that he reconsider his certification of 5/21/85 that the Limerick emergency plans are"adequ ate" and "can be implemented".

We also explained that we a re gvqved wi th the safety of the thousands of people who live in King of Prussia or,w d use its facilities and those of Talley Forge National Par k. We requested deta!1s of the traffic control plans which he referred to (and approved in his memo 5/30/85 to E.L. Jordan). We have not received copies of these plans as we asked apneal ag in for copies of,from him,nor these plans have from we the had any response Director,and to our letter.We a revoking of the certification of Limerick offsite pinns.

2. The Commonwe alth authorization of Limerick offsite plans violated FEMA regu-lations under 44 CFR 350 7 (b) because FEMA was not consulted and citi not take part in the setting up of the bounda ries of the EPZ as required. This is apparent from the testimony of FEMA witnesses at the NRC Licensing Boa rd hearings as specified in ANTHONY /F0E BRIEF IN SUPPORT OF OUR APPEAL, 6/6/85 with accompanying letter from P.P.Giordano, FEMA Regional Director, included as Attachment A. FEMA,therefore, failed to comply with' 44 CFR 350 7 (b) and the EPZ was not puthorized by the reg-ulations and ,hence,the offsite emergency plans cannot be certified until the set up of the EPZ has been re-studied and re-defined in consultation with FEMA, and the plans redrawn on the basis of Jchanges in the EPZ boundaries,especially in connection with Valley Forge Park and King of Prussia.

3 Emergency plans for Graterford Prison are in ques tion. Contentions on the adequacy of these plans will not come before the NRC Hearing Board until mid-July and will not be resolved until several weeks af ter that,perhaps longer. FEMA is not authorized under 44 CFR 350.12 to review and approve these plans until the hearing and appeal process on the contentions has bem completed. Even after the Graterford plans may have been completed and approved, FEMA will not be authorized to certify these plan's as part of the tota) offsite plans until there has been a h public meeting held by FEMA under 44 CFR 350.10, including craterford,and a" full almo participation emergency preparedness exercise" has been successfully c arried out, M also with the participation of Graterford, in compliance wi th 10 CFR 50 Appendix

@@ E.,Section IV F 1. , and 44 CFR 350 9 .

(D O M

ruo 4 FZ'IA further failed to comply with its regulations in connection with the State plans for Graterford in that the " table top" exercise of 3/7/85 did not

-.$ satisfy 44 CFR 350.2 (j) .and. 44 cFR .35o.9. .

asrecordsdinApH0dY//OS p

j B.tISP IN SUFFORT OF OUR APPEAL, 6/7/85, included ae Attachment 3.""fino in this og Attachment we showed that FE'n failed to meet ^ the requirements of 44 CFR 350 3 (d)

(D o.o is.not participating in the pre-hearing process before the Hearing 3oard on the Graterford emergency pland. Attch. 3 , para.4.

CClCLUSIO1. In light of the above FEMA cannot certify the Limerick plans and the certification by the Asst. assoc. Director, 5/21 and 5/j0 must be revoked.

, cc :NRC ASAB, Staf f ,3ccke ting, PECo ,iE:3, PEh, A. Love. RespectfP ly sub-it' d, 2)S O 2 W5 o MW