ML20133F366

Requests That Listed Contentions Based on May 1985 Emergency Planning Exercise Be Admitted as There Are No Other Means or Parties to Protect or Represent Author Interests in Matters.Certificate of Svc Encl

ML20133F366
Person / Time
Site:	Harris
Issue date:	09/30/1985
From:	Eddleman W EDDLEMAN, W.
To:	Atomic Safety and Licensing Board Panel
References
CON-#485-699 82-468-01-OL, 82-468-1-OL, OL, NUDOCS 8510100208
Download: ML20133F366 (7)

Text

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[ 30 satomber 1985 UNITED STATES OF AMERICA 000KETED Uh=c NUCLEAR BEGULATORY COMMISSION

85 CCT -7 All :32 BEFORE THE AMMIC SAFETY AND LICENSING BOARD Glenn Dr. O. Bri James H.ght Tt.2 r rin" nt;r m . <r'. g -

Carpenter .a -

James L. Kelley, Chairman l

.)

In the Matter of lll i

Docket 50 400 OL i

CAROLINA POWER AND LIGHT CO. et al. /

(Shearon Harris !!uclear Power Plant, j)

Unit 1) ASLBP Ho. 82-1468-01

) OL Contentions ba sed nn Emnrgency Plannin5. Eyret te Af ter the emergency planning exercise for the Shearon Harris plant in May 1985, I sought the evaluations and other documents related to these exercises. However, the State evaluations were  :

not in my hands until af ter 1 September 1985, the main cause being j

delay by the State in releasing same. Likewise I received FOTA documents from PEMA only at the end of August 1985. FEMA has still not fully resnonded to the FOIA requests for Harris, nor has the State to my knowledge made its originni message logs available.

Novertheless, the available information nakes it possible to frame the following contentions. In general the sana "5 factors" discunnion under 10 CPR P.714 applion to ench, and thus a general l

"$ factors" section and any specific additions re thene contentions '

will come af ter all the contentions. -

a

CONTENTIONS EPX-1. Timely notification of radiation releases is not assured, e.g. in light of the apnroximate 42 ninutes delay in notifying SEET of an uncontrolled radiation release during the exercise ( State E00 ovaluation by NC State Govt Evaluattor) .

Without tinely notice to emergency response personnel, the emergency management agencies cannot adequately nrotect the public fron radiation releases.

EPX -2. Conmunications deficiencies revealed in the exercise could have severe bnd effects in a real emergency, including lack

of effective communications and radiation nonitoring results, Inck of contact with field and ground units, etc. For examnie, the emergency inter-system nutual aid frequency was so overlanded the  !

sInte's communications evaluator stated it wns " proved that thoro could be absolutely no communications with ground units on this frequency due to constant misuse." Other examples: The liighway Patrol ovaluator found "connunication" inadequacies; equipment . . . is not yot capable of adequately handling tho inpact of so many units responding to an emnrgeeney of this type."; llarnett County had " insufficient telenhones" t

'Ihhtraradiotrafficoverloadedpersonnelonduty"inChnthamCounty; i

" excessive delnys" in Emergency Medical Services Office receiv.tng messages fron SEHT (State Emergency Hesponse Team); communtentions from the nobile radiation inb had to be relnyed to bntt o stathion at times, which "always introduces the possibili ty of delayed and/or incorrect information" according to the State Radiation Protection

, Section evaluator.

I

EPX-3 CP&L emergency medical personnel do not have adequate equipment available (e.g. splints) to treat fractures, and have not demonstrated the ability to maintain a high level of patient care while preventing contamination of themselves and the environment. l (Reft State of NC's on-sito evaluation of Emergency Bedical Operations .

EPX-4 Lee County's decontamination training and practice are not adequate. For example, evaluation revealed that the group of decontaninators indicated "they had not been trained and were unsure what to do. They appeared to have no knowledge in the use of the 1,nstruments, no consideration was given to collecting water and attempting to control contamination. None of the personnel (knew)...

'when is decontamination conplete' " (Lee County evaluation). This problen must be remedied by training and retesting to assure neonle evacuating in this area can be decomtaminated and that Lee County's volunteers and other personnel are assuredly able to carry out first-class decontumination work.

EPX-5 Emergency siren activation is inadequate and there io no reliable means assuring that Wake County emergency resnonae personnel will know when the cirons have been activated. Ref:

Wake County evaluation by State of NC " sone method should be devised to deternine if emergency warning sirens have been activated *";

State E00 messages 53, 122, 160, 166, 176, 102,205; numerous areas had sirens not sounding, sounding of airens was delayed about 150 minutes and there appenrod to be inttini confusion over confirmation.

EPX-6. Manngement and coordinatsion of rumor control were inndequate (FE!!A exercine report, e.g. nt 13, nee discunnion n t 11-13) especially in that there was no announcement of the early !!ntris Lnke evacuation (necessary to avoid panic, FDR, p.12): likewise the General Emergency was not publicly announced for almost nn hour

-h.

af ter it was declared (FEMA, p.12). With the General Emergency declared but unannounced, public knowledge (e.g. from emergency personnel and ' radio-frequency scanners and listeners) could also spread panic. (FEMA renort received 8/30/85).

EPX-7. Radiation dose assessments were not promptly communicated to State Emergency Response personnel, data files were delayed un to WR1r an hour, and coordinates of Traffic Control Points (TCPs ) were not tabulated to allow faster calculation of doses giving allowable

" stay times" at those TCPs. (PEMA, pp6-9). All such deficiencies need to be remedied to protect the henith and safety of the public, which depends on accurate and timely radiation dose assessment.

EPX-8. Emergency Broadcast System use was incomplete and ineffectively managed (FEMA, 2 3 1. (2), page 13; see p.12 discussion). Inadecuacies include procedures for activation and in-use of the EBS (before ute State assumes control);. adequate coverage in-of the emergency area and emergency response area,Acomplete mensages and instructions to the public. (Ref FEMA renort received 6/30/85

Board Notification 85-078) Numerous problems with EBS activation mentioned on pp 17-18 of the same report also need to be identified and rectified. All these problems must be resolved to ensure timely und effective notice to the public about nuclear / radiation emer6encies so thnt the public can be protected in such emergencies.

EPX-9. Radiation survey teams have a weak level of training in the use of anticontamination clothing and/or respirntors (Stnte Ekdiation Protection Sec tion evaluation)., This needs to be remedied to protect the henith and safety of these teams and to ensure that they will be able to do their work in a tinely manner.

EPX-10 Protection of emergency norsonnel and dio nublic from radioactive iodine is not nasured beenuse (1) low volume air somnlern are deficient in enlibration nnd flow rate informntion, na detniled

_g.

1,n the NC Radiation Protection Section evaluation, and (2) there are deficiencies in the distribution of, and notification of when emergency personnel are to use, notassium iodide (KI):

See, e.g., Wake County workers being notified late (after nossible contamination) (Wake Co. evaluation by State of NC/Meck. Co. ovaluator)

EPX-11. There are numerous deficiencies in hard-cony transmission of information (see, e.g. , State E00 messages 13,1h,15,16,25,3h,35,ho,hl, 57,67,71,127) which must be remedied to assure timely and accurate emergency 'nformation is available to protect nublic health and safety.

EPX-12. Emergency assistance needs to be upgraded to assure evacuation of neople fishing, boating, canping, etc. near the Cape Fear River in Zone ('ll') - see State E00 message 162, a high rriority third request to got assistance.

FIVE FACTORS (generic)

(1) There is good cause for not filing these "on time" (5-1982) since the oxercise hadn't been done then, the right to litigate based on emergency planning exercises hadnot been s't clearly established, and the information was not in my hands to nrovide the basis of those contentions. Stato and Federal agencies controlled the timing of the release of this infornation. I have filed within 30 days of having it.

(ii) and (iv) (Phore are no other means or other narties that will protect or resprosent my interests in those matters.

(iii) I can call as witnesses the ovaluators and other knowledgeable persons (e.g. exerciso participants); I am ablo to conduct discovery 1

and cross and direct examination and havn more time available now to l

l deal with contentions; also my health is bottor than it wnn during the

! sufoty hearing te riod. Without a record, of course, thorn is no sound record.

(v) Admitting these contentions would broaden the issuns, but that

i is inherent in emergency plan exercise contentions since they cannot ,

be framed until af ter the exercise. Since the scheduling of the exercise and the release of the information about evaluations of the exercise were outside my control (the information was timely sought, e.g. one FOIA request near the time of the exercise to FEMA, other requests to the State of NC within a reasonable time of the exercise), this delay should not be charged to me as an intervenor.

There is sufficient time to have discovery until la te December, and still hold a hearing (if necessary) in February on these issues, before fuel loud (even if Applicants don't delay it again -- they coa /

deny delays and then delay, as experience shows ), and fuel load and low-power testing could go forward without the emergency plan being approved.

Thus, the de&ay and broadening of the issues are inherent in preserving the public's right to litigate based on the energency planning exerciso, and there is time to carry out a hearing.

Specific factors: the time informat' er uns avniinbin f'o n each contention's basis is the time the information was in ny hands for each such contention, this being 8/30 for thu FEMA evaluation and af ter 1 Septonber for the .9 tate evaluations and messages.

For the above reasons, the contentions given above should be admitted.

t?X--.

30 September 1985 Wells Eddleman I

UNITED STATES OF AMERICA NUCLIAR REGUIATORY C0! MISSION In the matter of CAROLIhA POWER k LIGHT CO. Et al. } Docket 50-h00 Shearon Harris Nuclear Power Plant. Unit 1- ) 0.L.

CEICIFICATIOF SERVICE I hereby certify that copies of Contentions based on Energency Planning Exercise HAVE been served this 30 day of Septonber 198[,bydepositin the US Wil, first-class postage prepaid, upon all parties whose names are listed below, except those whose nanes are marked with an asterisk, for whom service was acconplished by hand JudE esSafety Atenic Jays Eelley, Glenn Bright and Licensing Boardand Janas Carpnter (1 copy each)

US Nuclear 'tegulatory Connission Washington DC 20555

, George F. Trowbridge (attorney for Applicants)

Shaw, Pittman, Potts & Trowbridge R uthanne G. Miller 1600 M St. NW ASLB Panel WashinEton, DC 20036 USNRC Washington DC 2055 5

• Office of the E:tecutive Legal Director { Spence W. Perry t

Docke ts 50-400/h01 0.L. plu [o" Cst.sW "

Washington DC 20555 CM Washington DC 207140 Docketing and Service Section (3x) Dan Read Attn Docke ts 50-h00/h01 0.L. CEA!IT/FLP Box P151 Office of the Secretary .

Raleigh,F107,Mavorossen NC 57606t2 USNRC Washington DC 20555 Dr. Linda W. Little (E plan only) Governor's Waste Mst. Bd. I John Munkle Steve Rochlais 513. Albenarle B1dg ,

,CCNC FEI'A-Suite 700 325 N. saltabury st.

307 Granville Rd 1371 Peachtree St.NE Raleigh, NC 27611 l

• Chapel Hill Nc 2751h Atlanta OA 30309 4Bradley W. Jones Travi s Payne Robert Gruber USNRC nesion 11 l

Edelstein & Fayne Exec. Directop Public Staff 101 Ma rietta S t.

mex 12601 Atlanta GA 30303 Raleigh NC 27605 Box 991 Raleigh NC 27602

( Richard Wilson, M.D.

i 729 Hunter St.

Certified by .8<'%

Apex NC 27502 ,

Al colo Attorney Genern1's Office Box 6P9 q

_-. _ aloidh 99 27/M@ )