ML20132G360

Responds to 850805 Request for Explanation of Basis of Commission Position Change Re Conduct of Emergency Exercise at Facility.Commission Position Has Not Changed During Course of Facility Licensing Review

ML20132G360
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	09/17/1985
From:	Palladino N NRC COMMISSION (OCM)
To:	Mrazek R HOUSE OF REP.
Shared Package
ML20132G251	List: ML20132G246 ML20132G274 ML20132G326 ML20132G360 ML20132G379 ML20132G389 ML20132G417 ML20132G435 ML20132G455 ML20132G475 ML20132G488 ML20132G524 ML20132G530 ML20132G540 ML20132G569 ML20132G601 ML20132G614 ML20132G625
References
NUDOCS 8510010532
Download: ML20132G360 (3)

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UNITED STATES NUCLEAR REGULATORY COMMISSION j .! ' O i Os., w p [

w AsmucToN. D.C. 20555 OFFICE OF THE September 17, 1985 CHAIRMAN The Mcnorable Robert J. Mrazek United States House of Representatives Washington, D.C. 20515

Dear Congressman Mrazek:

In response to your request of August 5,1985 for an explanation of the basis "for the Commission's change of position" regarding the conduct of an emergency exercise at Shoreham, a majority of the Comission believes that the basic position of the NRC has not changed during the course of the licensing review for Shoreham. In accordance with the NRC/ FEMA MOU, the NRC requested the assistance of FEMA in reviewing offsite emergency plans and preparedness as part of the NRC's overall evaluation of the adequacy of emergency planning for Shorehim. In memoranda dated June 1 and June 17, 1983, the NRC specifically requested FEMA to provide separate findings on whether the LILC0 offsite plan is adequate, whether it is capable.of being implemented and whether LILC0 has the ability to implement the plan. It was understcod that the finding regirding LILC0's ability to implement the plan would reauire the conduct of an exercise.

The December 19, 1984 memorandum to FEMA noted the status of FEMA's review of the offsite plan as well as LILCO's proposal for an exercise.

The NRC requested FEMA to take the lead in consideration of the proposed exe rcise. In view of LILC0's standing request for an exercise, the NRC on June 20, 1985 requested FEMA to schedule as full an exercise of the Shoreham emergency plan as is feasible and lawful at the present time.

As indicated in a June 4,1985 memorandum from the Secretary of the Commission, an exercise of the LILCO plan could, as a minimum, identify the impact of the limitations of LILC0's plan when executed under the state and county restrictions. That memorandum also directed the staff to ask FEMA to respond to five issues if FEMA indicated an exercise is not currently possible. Notwithstanding the absence of the state and county participation, an exercise could demonstrate LILC0's ability to respond to i postulated accident scenario at Shoreham, activate the Shoreham emergency response organization, fonnulite protective action recomendations based en plant conditions and projected doses, and test the means to alert and notify the public of these protective treasures.

These response actions do not necessarily require the involvement of state and county support organizations. By testing the plan now, the Commission and FEMA can identify and assure the correction of any 8510010532 850916 PDR CONNS NRCC CDRRESPONDENCE PDR

. The Hon. Robert J. Prazek 2 i deficiencies in LILCO areas of role responsibility. Therefore, if, in j the future, the authority question is resolved, a subsequent test of the

plan could focus largely on areas requiring coordinated response by

! LILCO and external agencies. The Comission believes such a two-stage test should result in a more expeditious process for assuring that the emergency plan in toto adequately protects the public. This is j particularly reTevant as recent court decisicos have held' that deficiencies in emergency planning identified in the exercise may be litigated in the Comission's adjudicatory process.

With regard to the status of FEf'A's review of LILCO's offsite emergency

, plan, on August 2,1985, LILCO submitted to the NRC Revision 5 of the

plan which responded to the remaining plan inadequacies previously

• identified by FEMA except for the inadequacy regardirg the authority issue. On August 13, 1985, the NRC staff requested FEMA's assistance in reviewing Revision 5 of the Shoreham plan.

l Regarding your request for information concerning the cost for such an exercise, we and FE!'A have estimated the costs attributable to observation ard evaluation of full participation emergency preparedness exercises. For the NRC, such costs average on the order of $20,000 per

exercise. FEMA has infomed us that their costs for observing the i offsite portion of an exercise vary from approximately $90,000 to

$180,000 per exercise. ~These approximate figures include costs for preparation, travel, actual exercise observation, and post-exercise -

assessment activities for NRC and FEftA staff and contractor personnel.

l They do rot include ccsts attr1L'Itable to other Federal observers who yl nay support FEMA's observation efforts as part of the Regions!

Assistance Comittee (RAC).

The Commission also notes that its Licensing Board recently issued a

' partial decision that held that the lack of state and county i participation in executing the emergency plan precluded the issuance of l an operating license for Shoreham. The ranifications of that decision '

j are still under review.

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- In the matter of holding a drill in the curr6nt circumstances, I l disagree with the Comission majority. After thinking about this a j great deal, I concluded that only a potentially workable plan should be exercised. Given the Board's decisicn that LILCO does not have the legal authority to perfonn many of the required emergency response i functions set out in the propcsed plan, I question the usefulness i

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The Hon. Robert J. f!razek 3 of a drill-at this time. Further, the results of a drill of an inadequate plan might create new hearing issues that would need to be addressed, which new issues might not arise if one were to exercise only an adequate plan.

Comissioner Asselstine agrees with my comments.

Sincerely, l; ') )

e L l ' 'U jf?LYfoils .

Nunzio A Palladino Chairman 1

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