ML20133L173
| ML20133L173 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 08/06/1985 |
| From: | Eddleman W EDDLEMAN, W. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#385-170 82-468-01-OL, 82-468-1-OL, OL, NUDOCS 8508120519 | |
| Download: ML20133L173 (4) | |
Text
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UNITED STATES OF AMERICA NUCLEAR BEGULATORY COMMISSION 6 August 1985 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Glenn O. Bri
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Dr. James H.ght
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Carpenter James L. Kelley, Chairman 85 NJG -9 P12:00 In the Matter of 1
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Docket 50Ndb'OL CAB 0 LINA POWER AND LIGHT CO. et al.
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(Shearon Harris Nuclear Power Plant,
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Unit 1)
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ASLBP Mo. 82-h68-01
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OL Eddleman contentions on Notification of State and Local Emergency Management Agencies On Augus t 2,1985, the Raleigh News and Observer _ renorted that Cecil Logan, energency nanagement coordinator for Brunswick 11 hours1.273148e-4 days <br />0.00306 hours <br />1.818783e-5 weeks <br />4.1855e-6 months <br /> after it happened. County (NC) said CP&L officials notified hin of a NC Division of Emergency Management, James Munn, onerations officer of the infortm d me in a phone talk that the Division was notified at 9:bl a.m. on Wednesday July 31.
In light of this new infornation, I nropose the following contentions:
EM-1.
CP&L fails to assure that the reouirement of 10 CFR 50.h7(n)(1) that there is reasonable assurance that adeouate nro-tective measures can and will be taken in the event of a radiological emergency by failing to pronntly notify local and state emergency response agencies of the occurrence of an event that w as an " unusual event" for emergency resnonse nurnoses.as later classed large as approximately 11 hours1.273148e-4 days <br />0.00306 hours <br />1.818783e-5 weeks <br />4.1855e-6 months <br /> in notification are not accentable.
Delays as In the light of the events of July 30-31, 1985 CP&L has demonstrated unreliability in promnt notification and mustat the Brunswic therefore re-demonstrate assurance of prompt notification on some basis more credible than the Connany's claims, before its Harris facility can be deemed to have an adequate etmrgency plan.
EM-2.
(assurance that adequate protective neasures can and wi11 b in the event of a radiological energency) due to its evident failure OWq to meet thPeriterion II.D.1 at the Brunswick plant for declaring an unusual event.
equipment status were established for unambiguously identifyin nearly 11 hours1.273148e-4 days <br />0.00306 hours <br />1.818783e-5 weeks <br />4.1855e-6 months <br /> af ter the actual radioactive water snillan unusua ductwork, and from the spent fuel pool, had occurred.
th rough of error is likely to be reproduced at Shearon Harris, especially This type in the light of CP&L's claims of improved operations and management at Brunswick (which should mean that Brunswick is as un-to-snuff as CP&L can make it).
the responsible agencies meansMoreover, CP&L's failure to notify promptly criterion TI.E.5 (nunEn-064h ) can 't he mat.
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-e-EM-3 CP&L'o management capability for emergency responso does not meet the requirements of 10 CFR 50 47(a)(1) in that it is not assured that State and local emergency response agencies will be uromptly notified of the occurrence of events (e.g. the radioactive water spill from the spent fuel pool and darough ductwork at CP&L's Brunswick plant, July 30, 1985 and following) which have potential for radiological releases or impairing the function of plant safety systems.
CP&L's failure to meet the requirements of NUREG-0654 II.D.1 is a management failure which is likely to be reproduced at Harris, especially since Brunswick ha s been receiving so much CP&L management attention,e.g. to adequacy of nrocedures, and still failed to have adequate urocedures to unambiguously and uromptly identify an emergency event fe.g.
this " unusual event".)
Five factors discussion:
The contention could not have been filed earlier because the information related to the event was not afailable earlier.
These contentions are filed within 5 days of nublic availability of the information.
Moreover, any such contention filed earlier would almos t certainly have been rejected for lack of basis.
The Board in a May,1985 nrehearing conference, heard remarks by CCNC counsel questioning CP&L's ability or willingness to nromptly notify the emergency resnonse organisations, and the. chair (as I recall) stated such remarks were improper.
- However, there is now basis to make contentions on this very issue.
Thus there is good cause for not filing these contentions on 5/1h/82
("on time" in this proceeding ).
(ii) and (iv) There are no other means whereby my interests will be protected, and to my knowledge no other narties are raising this issue; even if they doi, there is no guarantee they will renresent my interests on these issues.
(v) These issues do have some notential to delay the proceeding, and they do broaden the issues (although only slightly in view of the large nunber of emergency planning issues tha t have been raised, and the even larger number of other issues both raised, and as admitted as contentions).
However, assuring tha t CP&L will meet its resnon-sibilities to notify state and local emergency management agencies promotly of any event that could lead to a radiological release or emergency, is absolutely vital to protecting the public health and safety.
If CP&L doesn't notify the agencies uromntly, they can't act, and the emergency planning is not used.
If it can't be used, or isn't used, there is no assurance that adequate protective measures can and will be taken.
Especially since this Harris nuclear plant is upwind of North Carolina 's capital, but also for the reasons stated above, this issue is so important that sone delay is justified in orden to establish a sound record on this very important issue.
(iii) On this issue I would be able to obtain (or subpoena) witnesses including emergency resnonse nersonnel and CP&L nersonnel, and through the evidence of such witnesses and information obtained on dis covery, plus cross-examina tion, be able to a ssist in developing a sound record.
Of course, without a contention, there wo uld be no record and thus no sound record on this very innortant ma tter.
I ha ve demonstrated the ability to conduct effective discovery and to conduct cross-examination, and have no doubt that approtriate witnesses can be located and made available. I pronose to do so.
Other na tters :
He the suggestion of ernlaining likely evidence and witnesses, obviously Mr. Logan (Brunswick County) and Mr. Munn and/or other State emergency resnonse officials should be witnesses, as well as the (as yet unidentified, to my knowledge) CP&L nersonnel involved in the cited events at Brunswick and the emntgency classificac tion datermina tioas.
It in ovident CP&L failed to unanbiguously identify tha
" unusual event" later declared at Brunswick when it occurred.
I This matter, and the management / procedure nroblems associated with it, should be part of the evidence on these contentions, as aopropriate.
f' g A.-
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6 Atvus t 1985 Wells Eddleman News & Observer article renroduced below.
,d t CD b 01 " N Reporting of radioactive water spill questioned prom an aae start n===
that no report was necessary a
,SOUTHPORT - Questions under Nuclear Regulatory Com.
overflowed in the refueling area.
about emergency communica.
mission guidelines and that the He said officials were examining tions were sparked Thursday by utility declared an unusual event circuits to see whether any were Carolina Power & Light Co.'s late report that 20.000 gallons of slight.
the lowest of the four emergency, damaged by the water.
ly radioactive water had spiiled classifications. voluntarily. He "The pump that started puts out out of the reactor vessel at the said the overflow posed no health about 6.000 gallons of water per hazard to plant workers or the minute into the reactor vessel" Brunswick nuclear power plant
- public, Ennis said. "When the pum,p No. l.
inadvertently started, it put Cecil Logan emergency man-
"The water had some radioac-en ugh water into the reactor agement coordinator for Bruns-tive contamination in it because it vesseland spent. fuel poolto cause wick County, said CP&L officials has been in contact with plant an verflow from the spent. fuel systems that contain radioactive Pool onto the fl motified him of the " unusual event" on Wednesday mornmg,11 materials," Ennis said as the ventilation duct.,oor and into the water was being cleaned up
'Ihe water, which was contam, ed hours after it happened.
Thursday. "The radioactiv "We feel it's a breakdown in el of the water is very low.gy lev-f"omo 6 duc o$la se communications," Logan said.
CP&L spokesman Wayne Ennis He said the incident occurred CP&L spokesman Mac S. Harris said the " unusual event" official.
said the incident was so minor when a high volume pump was inadvertently started and water ly lasted from 9:01 a.m. Wednes-day to 8.35 a.m. Thursday.
UNITED STATES OF AMERICA NUCLEAR REGUIATORY C0!ciISSION In th e ma t t e r of CA ROLH A POWER k LIG tit CO. E t al. J Docket 50-400 Shearon Harris Nuclear Power Plant. Unit 1*
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CEICIFICATEOF SERVICE
$k I hereby certify that copies of Eddleman y ntentions re notification
- 00 of state and local emergency management agencies HAVE been served this 6th day of August 19& g by;dep"osit in hjlcd the US Mail, first-class postage prepaid, upon all par Jes whose names are listed below, except tho se whose nane s are marked with an asterisk, for when service was acconplished by hand Judges Ta9as Kelley, Glenn Bright and Janas Carpenter (1 copy each) oSteve Rochlis Atenic wafety and Licensirg Board US Nuclear Regulatcry Co-:lission NC Attorney General's Ofc.
Washing; ton DC 20555 Box 629 (atto:mey f or Applicants)Raleigh, NC 27602 George F. Trowbridge Shaw, Pittnan, Potts & Trowbridge R uthanne G. Miller 1600 M St. W ASLB Panel USNRC washington DC 25 5 5 Washingten, DC 20036 office of the Executive Legal Director
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Spence W. Perry Attn Docke ts 50-koc/h01 0.L.
{lqa $0St.S uvM washinat n DC 2074.0
'das inston DC 20555 d
Docketing and Service Section (3x)
D*" E'"/FLP CEANGE Attn Docke ts 50-ko0/LC1 0.L.
Waleigh,5707 Waveross FC 27606 Office of the Secretary USNRC Dr. Linda W. Little Washington DC 20555 Governor's Waste Mst. Bd.
(E plan only) 513 Albenarle B1og John Runkle Steve Rochinis 325 N. salt sburv St.
1371 Peachtree st.nE 'aleigh, NC 27611 FE!".A-Euite 7 00 M
CCNC 307 Granville Rd Chapel Hill Nc 2751h A tlar.ta GA 30309 Bradley W. Jones
- Robert Gruber USNRC Region II 101 Marietta St.
Travi.a Payne Exec. Director Edelstein k Payne Public Staff Atlanta GA 30303 Bex 12607 Box 991 Raleigh NC 27605 Raleigh NC 27602 Richard Wilson, M.D.
Certified by
_8th 729 Hunter St.
Apex NC 27502