ML20133P658
| ML20133P658 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 10/29/1985 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#485-107 OL, NUDOCS 8511010108 | |
| Download: ML20133P658 (300) | |
Text
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ORGWAL UN11ED STATES NUCLEAR REGULATORY COMMISSION IN THE MATTER OF: DOCKET NO: 50-456-OL 50-457-01 COMMONWEALTH EDISON COMPANY (Braidwood Station, Units 1 and 2)
EVIDENTIARY HEARING 3
(V LOCATION: JOLIET, ILLINOIS PAGES: 369 - 564 DATE: TUESDAY, OCTOBER 29, 1985
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ACE-FEDERAL REPORTERS, INC.
G Official Reporters 444 North Capitol Street Washington, D.C. 20001 (202)3473700
!!A2 18a8R8a88:ss NATIONWIDE COVERACE 4
369 S -1 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3
~~] BEFORE THE ATOMIC SAFETY AND LICENSING BOARD J 4 5 "------------- - -X 6 In the Matter of: :
7 COMMONWEALTH EDISON COMPANY : Docket Nos. 50-456-OL
- 50-457-OL 8 (Braidwood Station, Units 1 & 2:
9 ----------------X 10 '
Will County Office Building j,j Boardroom, Second Floor 302 North Chicago Street Joliet, Illinois 60431 12 Tuesday, October 29, 1985 13 The hearing in the above-entitled matter 34 convened, pursuant to notice, at 9:30 a.m.
15 BEFORE:
16 j7 HERBERT GROSSMAN, ESQ. , Chairman Atomic Safety and Licensing Board Nuclear Regulatory Commission 18 Washington, D. C. 20555 19 A. DIXON CALLIHAN, Member 20 Atomic Safety and Licensing Board Nuclear Regulatory Commission Washington,.D. C. 20555 21 RICHARD F. COLE, Member
- 22
) Atomic Sfety and Licensing Board Nuclear Regulatory Commission 23 Washington, D.'C.'20555 24 Ac eral Reporters, Inc.
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370 Sim 1-2 APPEARANCES:
1
's !
2 On Behalf of Commonwealth Edison:
3 JOSEPH GALLO, ESQ.
Isham, Lincoln & Beale-
-(); 4 1120 Connecticut Avenue, N.W.
Suite 840 5
Washington, D.C. 20036 0
On Behalf of Individual Intervenors and Appleseed:
7 BRIDGET LITTLE ROREM 117 North Linden Street -
8 Essex, Illinois 60935 9
On Behalf of the FEMA:
, 10 H. JOSEPH FLYNN, ESQ.
11 Assistant General Counsel l Federal Emergency Management Agency 12 500 C Street, S.W.
Washington, D. C. 20472
, [s) 13 Nd On behalf of the NRC:
14 l ELAINE CHAN, ESQ.
15 STUART. A. .TREBY,' ESQ.
Office of the Executive Legal Director 16 Nuclear Regulatory Commissio.'
Washington, D. C. 20555 17 18 l
19 20 .
21 23 24 A 11 Reporters. Inc.
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371 Si 1-3 1 CONTENTS 2 WITNESSES: DIRECT CROSS REDIRECT RECROSS BOARD 3
L. D. BUTTERFIELD JR. 463 466 492 500 504
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G. WENGER 515 519 540 541 561 5
gXHIRITS 7
EXHIBIT NO. IDENTIFIED ADMITTED 8
Applicant's Emergency 9
Planning Exhibit No. 1 465-B 465-B 10 11 LAYIN DOCUMENTS 12 r\
( ) 13 DESCRIPTION FOLLOWS PAGE NO.
~s 14 Testimony of Lawrence D. Butterfield, Jr. 465-B 15 Testimony of Gordon Wenger 518 16 37 Luncheon Recess ................................. 422 18 19 20 21
,- 22 x_ '
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I 372
- -SueW 1 P,R O C_ E,E D,I_ N G S, 2 (9:30 a.m.)
3 JUDGE GROSSMAN: Good morning, ladies and gentle-m 4 men. The hearing in the matter of the Commonwealth Edison 5 Company, Braidwood Station, Units 1 and 2, operating license, 6 is now convened.
7 For those of you who are unfamiliar with NRC hear- I I
i 8 ings, they are usually presided over by three-member Boards j 9 composed of an attorney who acts as the Chairman and two 10 scientists, an environmental scientist usually and a nuclear l
11 scientist. i 12 I would like to introduce the Board now. Mv name j
'x i 13 is Herbert Grossman. I am the attorney who will act as l
14 Chairman of the Board. On my right is Judge Dixon Callihan, ;
15 who is a part-time member of the Board. He is a nuclear 16 physicist. He has his Bachelor's Degree from Marshall College;!
I 17 his Master's in Arts from' Duke University, and his Ph.D. from !
I 18 NYU. He had spent some time on the faculty of CCNY, and for 19 a number of years has been a physicist in private industry. ,
1 20 on my left is Judge Richard Cole, who is a full ;
21 time member o.f the Board. He has his Bachelor of Science :
^') 22 Degree in Civil Engineering from Drexel University; his 23 Master's in Sanitary Engineering from MIT, and his Ph.D. from 24 the University of North Carolina in Environmental Sciences and wJWEs neporm inc.
25 Engineering. He spent some time on the faculty of the University
373 l
- SueW 1 of North Carolina and was with the U.S. Corps of Engineers !
2 and for a number of years was with the Pennsylvania State l f
3 Department of Health. l 4 My background briefly is, I have a B.A. from 5 Cornell University; my law degree from Columbia, and a ,
6 Master's in Law from Georgetown. Before coming to the Board, 7 I was a senior trial and appellate attorney at the U.S.
8 Department of Justice.
9 In accordance with NRC practice, we have had two 10 prehearing conferences before this hearing, the last one held II on July 23rd, 1985 in which we set a hearing schedule which 12 has since been revised on a few occasions. We are holding 13
, a hearing this morning on one phase of what is before the Id Board dealing with information disseminated to the public 15 with regard to emergency planning.
16 I would like counsel to introduce themselves and 17 the parties who are appearing pro se, beginning with the 18 NRC Staff.
I9 MS. CHAN: Good morning. My name is Elaine Chan.
20 I am counsel for the NRC Staff. I am counsel for the NRC 21 Staff. -
J"; 22 Appearing with me today is Stuart A. Treby. He is 23 the Assistant Chief Hearing Counsel at the Office of the 24 Executive Legal Director in Washington, D. C.
Aa . .r.: cepo, ers, Inc.
25 Also is H. Joseph lynn. He is the Assistant General i
374 j I
l-3-Sue W 1 Counsel -- l 2 JUDGE GROSSMAN: Ms. Chan, we are having trouble l 3 hearing you. And I don't know if your microphone is working.
4 MS. CHAN: Is it working? I will begin again if ,
i 5 you like. i i
6 JUDGE GROSSMAN: Okay. That's much better. Fine. '
7 Have you concluded, Ms. Chan? I will read it in the transcript.
8 (Laughter.)
9 MS. CHAN: I would like to finish introducing 10 H. Joseph Flynn, Assistant General Counsel, Federal Emergency 11 Management Agency, headquarters in Washington, D. C.
12 JUDGE GROSSMAN: Ms. Rorem.
13 MS. ROREM: I'm Bridgett Rorem. I'm representing GXXXX 14 myself and four other individuals and Appleseed.
15 MR. GALLO: Judge Grossman, members of the Board, 16 my name is Joseph Gallo of the law firm of Isham, Lincoln and XXX 17 Beale, 1120 Connecticut Avenue, N.W., Washington, D. C.
18 With me today is Victor Copeland of the same firm.
19 Together, we represent the Applicant, Commonwealth Edison 20 Company.
21 JUDGE GROSSMAN: We indicated in our Order setting
3 22 this hearing that we might entertain limited appearance state-23 ments. Could we find out right now whc wishes to make such a 24 statement by a show of hands? I Amen i arxrtus W. , l 25 I assume -- I see tuo persons wishing to make i
I l
I
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- 1- -SueW 1 statements. Have either of you made limited appearance 2 statements in this proceeding before? :
i 3 (The two individuals nod in the affirmative.) l
--' 4 Well, we will decide later during the hearing !
l 5 whether we are going to extend our facilities for further 6 limited appearance statements. I understand there have been 7 lengthy statements made in the past. And if you've made them, 8 perhaps we won't have time for it. We will see how the 9 hearing proceeds.
10 I would like to entertain preliminary matters now 11 icfore we get to the offer of proof, which I'm sure will be 12 discussed at length this morning. Do any of the parties have 13 any other preliminary matters before we go into the hearing 14 of the witness?
15 MR. GALLO: Judge Grossman, just one point. I 16 wonder if it would not be useful to first hear the witnesses 17 on the prepared evidence and complete the cross-examination 18 and then take argument on the offer of proof?
19 It would facilitate my client to some extent, and 20 to the extent that some people who are here would not have to 21 stay for the.whole proceeding. That's not an overriding con- t
~n 22 sideration.
23 My feeling is that whatever cross-examination might 24 be allowed in order to permit Ms. Rorem to meet her burden, '
Am wa8 Reporters, lm. l 25 that that activity should be distinct and separate from j i
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376 i
5-SueW 1 cross-examination on the testimony that would be proffered 2 today since it is on different footing. It seemed to me that 3 to the extent that we could segregate the two would be bene-p~
4 ficial to make a clear and complete record.
5 JUDGE GROSSMAN: Well, if we do adopt your sugges-6 tion, Mr. Gallo, I assume you would nevertheless keep your 7 witnesses here until we dispose of the offer of proof question?
8 MR. GALLO: That is correct, Judge Grossman.
9 JUDGE GROSSMAN: Ms. Rorem.
10 MS. ROREM: Yes, Judge Grossman. I would much 11 prefer that we take care of all preliminary matters first.
12 JUDGE GROSSMAN: Ms. Chan.
13 MS. CHAN: I will defer to Mr. Treby.
14 MR. TREBY: We certainly agree with Mr. Gallo that 15 the matter should be segregated. However, the order in which 16 they should go forward, I'm not sure we have any strong views 17 on at all, though generally we do take care of preliminary 18 matters first.
19 But as long as they are segregated, I guess we 20 have no strong preferences.
21 JUDGE GROSSMAN: Mr. Gallo, I think we would 22 prefer to address the offer of proof first and see where we 23 are. I think your suggestion that we separate the direct 24 evidence that you are presenting from what we might hear in erst Reporters, Inc.
25 the offer of proof is well taken.
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377 i i
- 1-6-SueW ; But I think we would like to get a handle on where l l we are first. 1 2 And the only way we can do that is to get j 3 right into the offer of proof.
i
> 4 Ms. Rorem, I would like to ask you a few preliminary i
5 questions with regard to your offer of proof." Basically, have 6 you ever raised these matters before with Applicant or with 7 Staff?
8 MS. ROREM: Judge Grossman, I have it. an indirect 9 way raised many of them. I cannot say specifically which ones 10 I have raised with them, because to a large extent much of 11 our preliminary discussions before we got to the -- in fact, 12 up to the time of August 12th was based upon the fact that 13 certain issues were addressed or to be addressed in the State 14 P l an for radiological emergencies.
15 And it was my understanding from what Applicant's 16 counsel said that they did not really wish to pursue or get 17 specific until that plan was made available. Some of these 18 things, specifically yes, I have addressed.
19 JUDGE GROSSMAN: Well, when did the plan become 20 available?
21 MS.. ROREM: I received a copy of it August 12th, 22 1985.
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23 JUDGE GRO3SMAN: Did you then discuss what you 24 thought to be shortcomings in the plan with appropriate w n e on m ,Inc.
25 officials of Applicant and the NRC Staff?
I
378 l
- Jm%SueW I MS. ROREM: On August 15th, Mr. Gallo filed a
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2 ' motion to particularize and restrict the meaning of my conten ,
3 tion. I talked with him. I talked with Mr. Copeland, and I O 4 talked with Ms. Chan and let them know that I was extremely 5 upset with this because it was, I felt, very clearly laid out l ;
6 at the prehearing conference that it was necessary for me to 7 have time to read the plan and decide what parts of it I felt 8 were not appropriate or fully developed, and that I was rather 9 angry and upset by the filing of this motion, because I felt 10 the intention of the filing of the motion was to make me have 11 to run in several directions at the same time.
12 I had not only to sit down and try and digest the 13 parti. ars of the plan but I had also to respond to Mr.
14 Gallo's motion particularizing my contention. At that time, 15 I made it very clear to him on the telephone what some of
- 16 my concerns were and that I felt they should be addressed.
17 JUDGE GROSSMAN$ And did you in particular go over 18 these seven points with him?
19 MS. ROREM: No. I went over several things. I
, 20 did not have them in any way organiz al or decided upon. But 21 I did mention to both him and to Mr. Copeland what quite a 22 few of them were.
I i 23 What happened thereafter was that as I reread, as 24 I stated in my letter of October 8th, as I reread this motion nosenm, Inc. ;
, 25 I felt that his wording had not been appropriate for what he 4 l
i t
379
- SueW 1 intended to do in his motion. Actually, the motion was quite ,
i 2 favorable to me. I guess I was wrong. j 3 But I thought he did not, in the wording of his l I'
'> f 4 motion, state that which he desired, which was to restrict 5 completely the meaning of my contention to encompass only the 6 pre-accident education of the public. So I felt that within 7 the wording of his motion I had considerable leeway, 8 It was only after I received the stipulation with 9 the addenda written by Ms. Chan that I understood that she 10 also -- or someone had noticed that he had not particularized 11 the motion or my concerns as well as he desired in this motion.
12 And then he went through the ensuing several weeks 13 back and forth. When I received -- and I did receive a phone 14 call from your secretary on the 18th of October. I did not 15 receive your full motion, a memorandum and Order until the 16 23rd of October.
17 And I did not talk with Applicant or Staff.
18 JUDGE GROSSMAN: We understand that. Mr. Gallo 19 is entitled to find out what your case is before he comes 20 to hearing and that he did make attempts to search out your 21 case through. interrogatories and through deposition, and also
^'j 22 at the prehearing conference.
23 And some time before the hear.ng begins, Mr. Gallo 24 and NRC Staff are entitled to find out what it is you are ik erJ fleporters, Inc.
25 raising. I l
380 l
- 1-9-SueW I Now, one thing that disturbs the Board about these l k late filed issues, whether or not they could have been included 2
3 in your contention, is the fact that emergency planning issues 4 are generally resolved between the parties before a hearing.
I 5 And if you don't particularize your concerns until you get to ,
6 the hearing there is no opportunity for any of this to be 7 ironed out, and they may not be the kind of issues that can 8 be resolved easily through a hearing.
9 MS. ROREM: I understand that, Judge Grossman.
10 This is an issue which I had raised several years ago when 11 Mr. Gallo was pushing us to go through this whole process.
12 And I felt that we were still up in the air as to 13 what exactly emergency planning was all about when the State 14 had not come forward with its plan yet. I felt, and stated 15 to him that I felt the interrogatories and the deposition were 16 premature in that I still had absolutely no concept of what 17 the State plan was going to be, because the State plan was not 18 made available until August 12th.
19 The deposition took place I believe in May. The 20 interrogatories in~ April. I did not know -- there were 21 questions which I had asked informally several years before
1 22 which were answered by Mr. Gallo with: Well, that comes out 23 in the State plan. That comes out in the State plan.
24 I had to wait for the State plan in order to erei nmorim, Inc.
25 understand what the particulars of my contention were. I let i
381
- 1- -SueW 1 him know two years ago in a meeting, or two and a half years -
2 ago in a meeting, in the offices of Isham, Lincoln and Beale 3 in Chicago that I intended to rewrite my contention, that 4 it was general and not specific, but that I needed more 5 information. And I was told that it would come out in the i 6 State plan. l 7 I have felt that I have been locked in by the 8 State plan and when it would be made available, and that 9 while I did not -- I certainly did not intend in any way to 10 not fulfill my part of the burden, but it was -- so much 11 was left to when the plan came out that it was difficult for 12 me to particularize in May what my concerns were when I did l 13 not know what they were until August.
14 JUDGE GROSSMAN: Well, let me ask you now whether 15 you know whether Applicant has satisfied those points that 16 you raise or whether your issues are merely raised on the 17 basis of not finding this information in the plan?
18 In other words, are you sure that Applicant hasn't 19 the capability and hasn't provided scripts and other media 20 information such as you allege in Issue Number'27 21 MS. ROREM: I don't allege that they haven't They
- 22 provided them. They. haven't provided them in the plan.
23 are not in any way made available.
24 I haven't the foggiest notion of what they say.
Am . wna nenomn. ine. ,
25 What they say may not be appropriate to the situation in !
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- 1.-)l-SueW I which they will be used. And I think that what the particular 2 script is is a matter which should be heard.
END #1 3 JS flws l
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1 In other words, if the plan is so vague and 2 does not describe specifics, hos am I to particularize my 3 concerns. I can only sometimes, in some of these things, 4 view it on the basis of the fact that the plan does not 5 describe this.
6 JUDGE GROSSMAN: Nell, I am not so sure that ;
7 those issues are right for hearing. If, for example, the f
i 8 Applicant has provided those scripts, and we just don't ;
9 know about them this morning, I am not so sure that hearing i 10 time is the best use of time to discover whether those II scripts have been provided and whether they are adequate. ;
12 I don,t think that we are going to sit here and 13 conduct a discovery inquiry rather than discuss matters that i
Id are right for hearing. l 15 l
I think I would like to ask the other parties 16 now their positions with regard to these issues. -
I7 Mr. Gallo? !
18 MR. GALLO: Yes, Judge Grossman. Just a moment.
19 (Pause.) }
20 Judge Grossman, the Apolicant opposes the offer l
21 of proof on a number of basis. Some of our objections are
^' 22
- limited to just specific items that are shown on t'te offer I
23 of proof made by Ms. Rurum on October 25. Some of the i 24 objections apply generally. I will start with those.
An .aferj Repo,ters, Inc.
25 The Board's order permitting the offer of proof
384 2-2-Jo:W31 l
1 indicated that at Page 2 that Ms. Rorum had the burden of .
2 coming forward with evidence of alleged deficiencies in the i I
3 program for notification of the public at the time of an !
l 4 accident, and the program the Board was referring to was 5 the emergency planning program.
6 The half of dozen -- actually, seven issues that y have been articulated by Ms. Rorum in her offer of proof, 8 are really just general statements which fail to identify 9 any particular offer of proof in terms of specifics.
10 I would submit that there is no, quote, evidence 11 shown in any of these items. They are just general 12 allegations, somewhat akin to the type of allegations that l l 13 one sees in these proceedings at the contention stage.
i 14 Just general allegations alleging a failure to ;
15 do this, or an inadequacy to do that. We are long past that ;
16 ~ stage in this proceeding. '
i 17 Ms. Rorem, by'her own admission, indicates that 18 she has had the State Plan since August 12th. Some ten weeks l 19 later, today, or to be more specific on O ctober 25, she has i
20 offered these seven general allegations.
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21 A cursory review of the State of Il'linois 22 emergency plan would indicate that each one of these items 23 is addressed in the plan.
24 For example,.there is a half dozen citations Aa. aser : neponers, inc.
25 to the first iten, Item No. '2, that addresses the question
2-3-Jo;Wal 385 1 of whether the Applicant, or the State, has developed scripts 2 and other media information. Well, here they are right here.
3 The scripts. They are in the plan, and they were in the
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4 plan that was submitted to Ms. Rorum on August 12th.
5 So, I can't understand how an allegation can be 6 made on October 25 that the Applicant must develop and 7 demonstrate the capability to provide through these scripts, ,
8 when the scripts themselves are included in the State Plan. !
9 I would submit at this late date the issue ought :
1 10 to be some allegation and offer of proof that the scripts I 11 somehow are deficient, and aren't adequate to achieve the i i
12 intended f tnction. ,
l 13 JUDGE GROSSMAN: Excuse me, Mr. Gallo. Ms. Ror um, 14 did you receive those scripts?
15 MS. ROREM: I did not receive the scripts. My 16 -- I am absolutely sure -- I did not bring my three huge t
i 17 volumes with me. There are not scripts in my copy of the 18 State's Plan. 3 19 There are very many areas to be developed.. I ;
20 cannot remember i$ that is one of them. But 'I didn't receive 21 anything which involved scripts.
22 JUDGE GROSSMAN: Ms. Chan, do you recall whether l 23 you received scripts in your plan? !
24 MS. CHAN: Can we take a minate and check, please?
Am awa neponus. ine. .
25 (pause.) !
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6 2-4-JonWOl 1 MR. GALLO: The scripts that are referred to, O 2 Judge Grossman, are contained in Volume 7 for Braidwood, and 3 it is Standard Operating Procedure No. 8. It is the second 4 one of the three volumes that were provided to the Board and 5 Ms. Rorum and the Staff.
6 MR. TREBY: Judge Grossman, we have had an j 7 opportunity to check with our technical staff member who 8 reviewed the document that we provided to the Staff. There 9 were scripts contained in the document. f 10 We don't have the document in front of us to ;
11 see the exact words of those scripts, but there were as l l
12 part of this Volume 7, scripts. ,
l 13 JUDGE GROSSMAN: You see, Ms. Rorum, I don't think 14 that we ought to be using hearing time now to determine whether l
i 15 scripts were there are not. j 16 If you had raised these concerns with Mr. Gallo or [.
17 the NRC Staff, we wouldn't be here this morning discussing i 18 the possibility of whether the scripts are there or not, l 19 and we would know. It may well not be an issue. And ,.
20 perhaps during a recess you will discover that they are ,
21 there, and we no longer have that issue, and that may be the 22 case with the other six issues that you raised.
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23 So, I just don't think it would be productive to i
, 24 go further into hearing on these matters if they are easily W erd Reporters, Inc.
25 resolved as apparently that first one you raised could be
387 2-5-JoeWal I resolved.
2 Mr. Gallo, I didn't mean to interruot you.
3 Continue.
7 4 MR. GALLO: Well, Judge Grossman, I could waive 5 sections of the State Plan with respect to the other 6 six issues as well. I just catalogue that for Issue No. 3 3 7 the matter is addressed in a half a dozen places in the l
8 State Plan. For Issue No. 4, the matter is addressed in 9 approximately four places in the State Plan. That is true -
l 10 for issue No. 5. A half a dozen sections of the State Plan f 11 address Issue No. 5. ,
12 Issue No. 6 is addressed in four places. Issue j l 13 No. 7 is addressed in eight places.
14 Issue No. 8 is addressed in four places. So, thatl 15 the matters are addressed in the plan. At this late date it t
16 is not appropriate to allege, as Ms. Rorem does, that the l
l'7 Plan generally is deficient because the coverage is there. I 18 The only real issue under the offer of proof 19 regime established by the Board is to get more particularized
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20 and suggests inadequacies in terms of what is', in fact, in 21 the State's. Plan, and I am prepalad to put a witness on the l
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22 stand to field questions in this area, but I don't think i 23 it is appropriate because of the general nature of the 24 allegations made.
wei neportwi. am. I 25 That is really our first general objections. ;
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2-6-Jo3Wal 388 1 We don't believe she satisfied the criteria O 2 established by the Licensing Board in its Order for the 3 offer of proof, namely there is a lack of any demonstrative j
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4 evidence as to just what it is she intends to prove.
5 A second general objection is is that if the 6 Board would look at Issue No._2, it is directed toward the i
7 ingestion pathway zone, and the other six issues referred 8 to an emergency planning zone, but the planning zone is l 9 not identified as either the plume exposure pathway i i
10 emergency planning zone, or the ingestion pathway planning 11 zone.
12 The reason why this is important is that, for l l 13 example, the scripts referred to in Issue No. 2 are only 14 relevant with respect to the plume exposure pathway, and j 15 the issue alleges that the information is not made available ;
16 for the ingestion pathway zone.
17 Commission reg'ulations simply don't require that 18 kind of showing or effort.
19 I don't know how to read the next six. Whether 20 EPZ should be inte'rpreted to mean plume exposure pathway, or 21 ingestion pa.thway. If it is the latter, then there is an 1
22 objection to all but one. The one exception would be Item 23 No. 6.
24 And perhaps -- yes, just Item No. 6; Issue No. 6. !
Am . aera neponers, Inc.
25 So, that is a general objection.
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2-7-JoeWal 389 l l
1 JUDGE GROSSMAN: Excuse me for a second, Mr.
l 2 Gallo. Ms. Rorem, did you deliberately -- '
l 3 MS, ROREM: Yes, I did.
4 JUDGE GROSSMAN: -- refer to the ingestion 5 pathway, and are you taking issue with Regulation 50.47 now?
6 MS. ROREM: No. I am not taking issue with I 7 that. The reason I used ingestion pathway zone was because 8 of the fact that some of the radio, TV, or EBS stations are l 9 not -- they are not within the emergency planning zone.
10 They are not within the plume exposure pathway. l l
11 And so as to to be in any way -- I clearly have problems !
I 12 because I am ignorant of law. I didn't want anything l 13 excluded, and if I said emergency -- plume exposure pathway, f 14 or I said emergency planning zone, then that would exclude l 15 any radio, television, or EBS stations which were outside ;
16 of the emergency planning zone, and I didn't want to get !
17 myself in that particular program, so I used the next handy ,
i 18 reference point, which had to do with ingestion pathway 19 zone, which all of those happens to be within. ;
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20 I was not in any way implying that'there is 21 anything wrong with the regulation. Excuse me if I seemed
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22 to do that.
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l 23 JUDGE GROSSMAN: Okay. If I understand correctly j 24 what you are saying now- the facilities might be outside the IA derd Reporters, Inc.
25 planning -- emergency planning zones, but your concern was
390 2-8-Jo3Wal I with the information to be received within that zone.
O 2 MS. ROREM: That is right.
3 JUDGE GROSSMAN: Okay. Go on Mr. Gallo, could r
4 you continue?
5 MR. GALLO: Th'e third general objection is with ,
l 6 respect to the use of the word, ' demonstrate' in certain !
I 7 of the issues offered by Ms. Rorem.
l 8 Issue No. 2 and Issue No. 3 both contain and use 9 the word, ' demonstrate.' ;
10 I interpret the use of that word to mean that j 11 Ms. Rorem's issue is not -- cannot be satisfied simply by ;
12 looking at the State Plan and determining if there is l l 13 coverage, and hearing the witness who might explain just 14 -- the nature of that, and how it might be implemented; 15 rather by the use of the word, ' demonstrate,' I interpret 16 Ms. Rorem to be suggesting that somehow there has to be an 17 exercise or some sort of' demonstration to establish that the 18 plan as developed is in fact effective. !
19 The Commission's regulations do not require that ,
20 type of demonstration for an Applicant for an' operating ;
21 license. It is' sufficient that the findings that support
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22 an operating license be predictive, and all the Board need ;
23' find is that there is reasonable assurance that the emergency 24 planning activities for Braidwcod are adequate to protect the wJ Reporwes, lm. }
25 health and safety of the public. l t
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391 2-9-JonWal 1 No demonstration is needed. This so-called 2 predictive finding is articulated first in the statement 3 of considerations that supports the NRC regulations, and 4 in particular 10 CFR 2nd 50.47, and is embodied in the 5 case law.
6 The case that comes to mind is an Appeal Board ,
7 decision in the San Onofre proceeding where the Board noted i
8 that limitation in dealing with emergency planning issues.
i 9 So, that is yet a third objection. ,
10 JUDGE GROSSMAN: Excuse me, Mr. Gallo. Ms. Rorem, !
t 11 did you intend to use the vord, ' demonstrate' to refer to f 1
12 actual exercise, or did you merely intend to indicate that i l 13 it could be demonstrated on the face of the plan itself.
I 14 MS. ROREM: I meant it could be demonstrated on 15 the face of the plan itself. But I want to clarify something.l 16 Mr. Gallo has made reference to the fact that .
17 various points I have raised are referenced in the plan.
18 Being referenced in the plan has'nothing to do l 19 with whether or not the information in the plan is adequate. [
20 JUDGE GROSSMAN: I think Mr. Gallo'has raised
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21 that point that you might find fault with the adequacy of i 22 what was in the plan, but that your issues here suggest that
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23 these matters are not included in the plan, and that they l 24 are, according to him, definitely included, and that therefore!
era nepoems, inc.
25 you should be more specific with regard to what you see as
2-10-JoeWal 392 1 the inadequacies ~in the plan, rather than suggest just an O 2 absence of these matters.
3 Is that a correct paraphrase of what you stated,
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4 Mr. Gallo?
5 MR. GALLO: It is, Judge Grossman.
6 JUDGE GROSSMAN: Ms. Rorem? l I
7 MS. ROREM: I am not saying these things are not 8 in the plan. I am saying that they are not adequate.
9 JUDGE GROSSMAN: Well, I think the point Mr.
10 Gallo is making is that yoa have not raised any particulars l l
11 with regard to what those inadequacies are, and that we are 12 at a very late stage for something like that to be presented.
13 And I am not sure that as of this moment you have ,
14 any idea what the inadequacies are in those particular l 15 items either, and that you apparently wish to discover 16 whether these matters adequately, or inadequately are !
l 17 addressed in the plan, add it seems to us right now that this !
18 isn't the proper place to determine that.
i 19 That that is a matter that should be determined [
i 20 during discovery, 'and not at the hearing.
21 b}S . ROREM: But excuse me, Judge Grossman, the 22 discovery perior took place in its entirety before the plan j 4
23 was made available in any way. I I
24 The plan was not available until August 12th. l ec neponm, inc.
25 Discovery was closed in May.' This is something which I have
2-ll-JonWal 393 1 raised earlier, is that we are putting the cart before the i j
l 2 horse.
1 i 3 It is extremely difficult to conduct discovery
( )
when you are on a fishing expedition. I had absolutely no l 4 l
! 5 idea of any way in the plan would be deemed inadequate if I l
l 6 did not have the plan.
l l
7 Judge Grossman, would it be possible to give me 8 three weeks in which to develop new contentions based upon 9 the plan?
10 (Board confers.)
11 JUDGE GROSSMAN: Mr. Gallo, could you continue, 12 please?
I l 13 MR. GALLO: Yes. I assume I don't have to respond l 14 to that last question.
15 JUDGE GROSSMAN: That you do have to respond.
16 MR. GALLO: I do?
17 JUDGE GROSSMAN: Well, why would you assume that 18 you don't? Sooner or -later, you are going to have to respond 19 to that. I don't think you want that handled ex parte 20 here.
21 MR. GALLO: All right. Let me finish my objections 22 to the offer of proof.
23 There are two specific objections. The first one 24 addresses Issue No. 8. The Board's order made it clear Aa . .aeral Reporters. Inc.
25 that the of fer of proof shou'ld be limited to the public
2-12-Jo:Wal 394 information program involved with the Braidwood Emergency S
1 i
2 Plan. I 3 Although that term, 'public information program,' l
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4 is used in Issue 8, it is clear that what the issue is really '
5 getting at is the interaction between emergency planning 6 officials located in the ten mile EPZ and state officials 7 responsible for that area.
8 Those officials on one hand contacting the officials 9 at these host cities where the relocation centers are 10 available.
11 The issue suggested in No. 8 is is that this 12 communication between emergency planning officials had not 13 been adequately addressed.
14 That is a legitimate emergency planning subject, 15 but it is not part of the public information program.
16 The interaction between emergency planning 17 officials and organizations is not a matter for, quote, 18 public information, but simply as a matter of implementation 19 among the organizations concerned. .
20 So, Iss'ue No. 8 is outside the sco'pe of the 21 Board's Order allowing the offer of proof. ,
( ) 22 I would also make the same objection with respect 23 to Issue No. 6. Issue No. 6 talks about a public information 24 program is deficient in that it fails to set out the means Am . Weral Reporters, Inc.
25 by which the public will be informed during an emergency of l
395 i 2-13-JoeWal i l
1 reentry protective measures.
2 It is my understanding that after an emergency has 3
ceased to exist, that advice will be provided to the public
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\J 4 about -- to the extent necessary, about reentry protective l l
5 measures such as the interdiction of food stuffs, water 6 supplies, et cetera and any other action that might be 7 appropriate.
End 2. 8 MS fols.
9 10 11 12 13 14 15 16 17 18 19 20 21 ,
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23 24 Aa . .deret Reporters, Inc. ,
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396
@im 3-1 1 The Board's order clearly indicated that the 2 Public information program to which Mr. Rorem was to allow 3 to make an offer of proof was limited to that program that 4 exists during the emergency. And I submit it is a contra-5 diction in terms to suggest that the public inforamtion 6 Program that is in effect during an emergency should have 7 re-entry protective measures to it. Obviously during the 8 emergency no re-entry is allowed. it is only after the 9 emergency has been concluded and ended that the question 10 of re-entry is dealt with.
11 So I would suggest that for that reason that 12 Issue No. 6 is outside the scope of the proceeding.
gh 13 JUDGE GROSSMAN: Of coures, Mr. Gallo, you are 14 the one who divided it into before and during and never 15 considered the possibility of after.
16 So we merely utilized your dichotomy there, and 17 I don't know that if we are going to talk about after whether 18 that wouldn't really fit onto that second part of something 19 subsequent to pre-emergency.
20 MR. GALLO: Well, Judge Grossman, it is true that 21 I advocated the dichotomy I described. But this is an
-- 22 adversary proceeding and Mr. Rorem in her response made it 23 quite clear, her response of October 8th, 1985, made it 24 quite clear that she was intereted in the public protection
/ Jerd Reporters, Inc.
25 or the public information program during an accident and,
397 Sim 3-2 1 indeed, the Board itself, even though I advocated a particular 2
position, I am sure searched the regulations and the adequacy 3 of the positions to determine that it should be limited as
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4 such.
5 So I think it is fair to say that the Board's 6
order is an indendent order based on all the arguments 7
presented, and I believe my client is entitled to be guided 8 by that.
9 JUDGE GROSSMAN: Excuse me for a second.
10 Ms. Rorem.
Il MS. ROREM: Thank you, Judge Grossman.
12 Emeregency is not complete until re-entry is over, 13 and FEMA includes re-entry as one of its evaluations of part 14 of an emergency.
15 JUDGE GROSSMAN: What Mr. Gallos is suggesting 16 now is that when we adopted his suggestion of looking at 17 this problem as two parts, o 'ne before and one during the 18 emergency, that you had in opportunity to also suggest that 19 after the emergency would be a third part. But I am not sure 20 that we are accepting his dichotomy at this oint and that is 21 a matter that we would have to resolve.
, 22 Mr. Gallo.
23 MR. GALLO: That concludes my objections to the 24 offer of proof.
A .eral Reporters, Inc.
Now the issue on the table is Ms. Rorem's 25 request at this time to be give'n I guess, as I recall, three
398 Sim 3-3 1 weeks to file new contentions based on the plan. I would 2 object to that. She is just seriously out of time with 3 such matters.
4 It is true that Ms. Rorem is pro se in this pro-5 ceeding, but she has'been aware for some time that she has 6 the right to file new contentions. As a matter of fact, I 7 told her that myself, and I also believe the staff counsel 8 did that. So it is not as if since August 12 that she is 9 just finding out today that she had the opportunity to file 10 new contentions.
11 At this point it is just too late and there is not 12 good cause to permit her to distrupt this proceeding by filing gh 13 additional conditions based on the State plan.
14 JUDGE GPOSSMAN: Well, let me address this matter 15 of her being pro se. The way that was discussed in the Board's 16 order was to suggest that perhaps -- well let's put it this 17 way. It was premised on the fact that Ms. Rorem might have 18 issues that she had failed to disclose to the Board because 19 of her unfamiliarity with requirements of presenting these 20 matters to the Board in the form of prepared testimony or 21 some other notification to the Board that these issues would s 22 be brought forward.
23 It did not at all relate to Ms. Rorem not being aware 24 of these particular issues at the time of discovery or the
't Jeral Reporters, Inc 25 requirement to submit profiled
- testimony. That has nothing
399 SP 3-4 1 n thing to do with her being pro se or being represented d 2 by counsel.
3 Now that latter area of issues that were not presented
,) 4 to her because the plan was not made public until August 5 12th is an entirely different matter. That relates to'the 6 fact that the emergency planning is just a moveing target, 7 and that there are problems on both sides with responding 8 to something that isn't fair.
9 And the question, of course, is how specific one 10 can be without having the specifics of the plan before them 11 and how specific one must be in order to have issues presented 12 to the Board which are legitimate issues but can't be h 13 discovered at the time that discovery is in progress.
14 I can't say that this Board can resolve it any better 15 than the Commission has resolved that particular issue, and 16 I am not sure that the Commission knows all the ramifications 17 of that particular issue, except perhaps indicat_ng its desire 18 that they not be heard. But I am not sure whether that is 19 a correct understanding of what the Commission has in mind.
20 Therefore, I think it is appropriate to hear from 21 the Staff now with regared to this entire matter, including 22 that latter part concerning the moving target that the 23 emergency plan presents to the parties ai!3 the Board.
24 MR. TREBY: The NRC Staff opposes the offer of proof.
h erci Reporters. Inc.
25 First, with regard to the Board's order of October
400 Sim 3-5 1 18, 1985, we understood that order to indicate that there 2 was a matter raised before the Board which was does this 3 contention address matters only pre-emergency situation, or (j,
4 does it involve both those public education activities that 5 occurred before the accident and during the accident.
6 The Board, as set forth in its order, after reviewing 7 discovery, the prehearing conference, et cetera, found that 8 on the record before it it believed that the contention should 9 be interpreted as only relating to pre-incident public 10 information.
II However, it did provide an opportunity to Mrs. Rorem 12 to make an offer of proof which the Board would then use 13 as the basis for reconsidering that decision.
14 Now this offer of proof was to point out deficiencies 15 or inadequacies in the emergency plan with relationship to 16 activities that occurred during the emergency which Ms. Rorem 17 believed she should have an opportunity to litigate, and that 18 was to be the subject of this burden of proof.
19 If we look at the burden of proof, or what has been 20 styled as the burden of proof, or offer of proof, excuse me, 21 we find that no deficiencies are set forth. Rather, what
, 22 are set forth are seven general statements of matters which
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23 Ms. Rorem assets are not adequately covered in the plan.
24 We don't think that this was the intent of the Board As eral Reporters, Inc.
25 that she should make these general statements. Rather, we
401 Sim 3-6 believe that the intent of the Board was that the intervenor, Ms. Rorem, should come forward with those deficiencies in the plan which she believed indicated that there was not 3
going to be the necessary information to the public at the (j 4 time of the emergency, and that based on that information,.
the Board could then decide whether or not to reconsider its interpretation the contention and indicate that it covered 7
both those public education activities that occurred before 8
the incident and those that occurred during the incident.
9 As I said, I don't believe that Ms..Rorem has met 10 jj that burden and therefore it should not be allowed. I also don't believe that this opportunity to show that the contentior g covered both public education before an accident as well as g during the accident is intended to be a bootstrap operation by which Ms. Rorem can then raise a number of new contentions g in this proceeding.
This gets to the next question as to whether or not 18 she should have an opportunity to file new contentions. The j9 plan was made available on Augsut 12th. At any point after 20 that time if she wished to file any new contentions, she had the opportunity to do so.
21 22 She did not indicate any opportuity to file any
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23 new contentions until'she was provided this opportunity by 24 the Board to point out why the matter of public education As i Reporters, Inc.
25 during an emegency was relevant.
L _ _ _ _ _
402
. JUDGE GROSSMAN: Well, Treby, I am not sure that Sim 3-7 1 that is a proper characterization of Ms. Rorem's position.
I think her position really is that the original contention "3 4 as filed was as specific as she could have it presented in j
view of the lack of issuance ,of the emergency plan itself, and that conceivably under the wording of her contention these se.ven additional issues, or these seven issues that she presented to us last Friday could fit under that contention and that she was as specific as site could be when she pre-sented the contention.
j)
And now that the particulars of the plan are avail-able to her, she can particularize her concerns within that already presented contention.
- Now I don't know how one can particulari::e concerns that aren't yet presented to the public before the emergency plan is published.
Am I understandincy your position correctly, Ms. Rorem?
MS. ROREM: I am sorry, could you repeat just the last statement?
- ' " "Y' "
20 Mr. Treby can address what I just raised now.
MR. TREBY: The Board Chairman's statements might j have some merit if it was true that there was no basis upon which Ms. Rorem could particularize her concerns.
- '"**"~"
Howevar, it is my und,arstanding that the. State plan
403 Sim 3-8 j was published in 1981 and it was revised again in February 2
of '82. But the State plan has been available with regard 3
to other facilitias that Commonwealth operates in this i
' 4 general area. As the Board may be aware, there are other 5 nuclear facilities operated by Conmonwealth Edison in the 6
State of Illinis, and particularly the Drt:sden facility, 7
which is quite nearby, and in fact so.me of its EPZ overlaps 0
the Braidwood EPZ.
9 There has been a State plan on file for some period 10 of ime. What was made available in August was the parti-11 cular plan with regard to the Braidwood site, or that portion 12 of the plan that is particularized to the Braidwood site.
13 But the general state plan has been available for a long 14 ,
time.
JUDGE GROSSMAN: Mr. Gallo, is that correct that 16 the particulars in the Braidwood plan are also contained in I7 the other plans and treated in a similar, if not identical, 18 manner?
MR. GALLO: I am not sure that Mr. Treby is 20 suggesting that. The State plan has existed fbr quite some 21 time, that is the general plan, as Mr. Treby idicated.
22 For each nuclear power station in Illinois there 23 is subsidiary chapter or section that deals with the specifics tu of Reperters, n.
25 The general plan that Mr. Treby refers to speaks
{- __
l 404 Sim 3-9 i in general terms about emergency planning measures. My l 2 argument that I made earlier was based on the unavailability 3 of the Braidwood portion of that State plan.
4 And to put the matter in perspective, you heard me 5 during argument say that certain of these issues were -
6 covered in various sections of the State plan.
7 I have just consulted my notes, and the vast 8 majority of them are citiations to the Braidwood section of 9 the State plan.
10 JUDGE GROSSMAN: Well, are they treated similarly 11 in the Byron plan, for example?
12 MR. GALLO: I don't know the answer to that question h 13 by not'having made the comparison. I would say that in some 14 instances it is and in some instances it is not.
15 I would be my judgment that the -- for example, 16 the scripts that we referred to are likely to be the same 17 with respect to any plant.. It might not be the case with 18 other specific information.
19 Certainly the locations of facilities to be 20 evacuated and that kind of thing would not be the same.
21 s0DGE GROSSMAN: ti3. Rorem.
22 MS. ROREM: I would like to respond to that, and 23 I would also like to introduce Diane Chavez, who is a member 24 of Appleseed. But I would like to say, first, that the lh d Reporters, Inc.
25 State plan, the general plan is something which is not in
l 405 Sim 3-10 )
the public domain. It is not something which anyone has 2
access to. I was certainly never offered a copy of it 3 by applicant or anyone else until the complete site specific
- 4 plan was made available, v
5 JUDGE GROSSMAN: Mr. Treby, is that correct, that 6 is not?
7 MR. TREBY: My understanding from the officials 8
fr m FEMA is that the State plan is on file and is available 9 to the members of the public.
10 PS . CHAVEZ: Your Honor, may I respond to that?
11 MR. GALLO: I would object.
12 JUDGE GROSSMAN: What would you object to, Mr. Gallo?
13 MR. GALLO: Well, I have reason to believe that 14 Ms. Chavez belongs to a different organization than Appleseed, 15 and that she can't speak for Ms. Rorem cince ~she is neither 16 a member of Ms. Rorem's organization or one of the four j7 identifisd iddividuals, nor.is she a member of the bar of any 18 State.
19 JUDGE GROSSMAN: Ms. Rorem, why don't you just 20 consult with her and tell us what it is that you know from 77 speaking to her.
22 MS. ROREM: Okay. Although I would like to say to 23 Mr. Gallo that I am sure he belongs to more than one organiza-24 tion, and that it is certainly possible for Ms. Chavez to
- A eral Reporters, Inc.
25 belong to several organizations.
cnd Sim Sue fols
406 ,
^^-1-SueW 1 MR. GALLO: Judge Grossman, could I be heard a l
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2 moment? I want to make it clear that the Applicant does not 3 stand on its objections to the offer of proof on the ground
(-
J 4 that Ms. Rorem could have had the State plan available since ;
I
. i 5 1981 or '82. I l
?
6 -We are addressing our argument on the availability 7 of the Braidwood plan which was made available August 12 of 8 this year. So that perhaps we could move along then unless 9 the Staff wishes to persist in that argument.
10 JUDGE GROSSMAN: Ms. Rorem.
11 MS. ROREM: Judge Grossman, I would like to explain 12 something. Have you seen the plan?
13 JUDGE GROSSMAN: I believe we have that plan.
14 MS. ROREM: Okay. As you are aware, it's several 15 large volumes and it takes some time to go through it. I 15 did receive it on August 12th and spent a lot of time going 17 through it.
18 And as I explained earlier, I was waylaid by 19 Mr. Gallo's motion to particularize my contention. I am 20 unfamiliar with legal procedures. I was aware of the fact 21 that in this ins'tance, that the burden of proof-is basically
(; 22 on the Applicant.
23 When I reread that motion of Mr. Gallo's and the i
24 particular wording of his particularization of my contention er:3 Reporters, Inc.
25 I really felt that he had stabbed himself in the back, because
h
'i'd: 407
)4 'SueW l it was a very, very broad particularization. I was unaware 2 of the fact that as long as I intended to elicit information .
3 by cross-examination that I would be -- that it was necessary
,m l
, ) !
4 that I make known to the Board what any pi '.cularizations of !
i 5 that contention were within the framework that Mr. Gallo had i 6 set up.
7 I apologize for that. I didn't quite understand 8 that. I felt that Mr. Gallo was responsible for proving his 9 case within the framework of the wording that he had set up.
10 And I felt that it was very vague and, therefore, it was fair Il game for me to go after any of these other particular matters 12 that I felt.
l 13 Since you did limit this contention to the pre-14 accidcnt notification of the public and asked that I parti-15 cularize, I am doing that. But I didn't understand, and I 16 don't -- you know, it's not that these matters are new. It's 17 that I didn't see where I had to provide evidence on them.
IB I felt that he had to provide evidence.
I9 JUDGE GROSSMAN: Well, Ms. Rorem, the main point 20 that the Board rested on in issuing this Order particularizing 21 was the statement you made at the prehearing conference indi-22 cating what the contents of your contention was. And that
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23 statement indicated that these were merely matters that were 24 pre-accident, and you gave some examples.
- 6. .er:1 Reporters, Inc.
25 Not one of these examples related to anything
408 l
- ' '-SueW 1 occurring during the accident. ,
s-j 2 MS. ROREM: I also said that I needed a chance 3 to -- I said at the prehearing conference that I would need 4 a chance to look at the plan in order to particularize my 5 contention. !
6 I meant beyond that point. These are things that >
7 because I live in the area I know I need to know ahead of 8 time. There are things which I assumed that the State would 9 do for me, or which my County government would do for me, 10 which would be delineated within the framework of the plan.
II I did say at the prehearing conference that I 12 needed to look at the plan in order to particularize.
13 JUDGE GROSSMAN: Well, Mr. Gallo, taking into 14 account the voluminous nature of the emergency plan that 15 became available on August 12th, 1985, when do you suggest 16 Ms. Rorem would have been able to particularize her contention,-
17 and I assume August 13th isn't going to be your answer?
18 MR. GALLO: I think that the ten week interval 19 between August 12 and the present time is sufficient time to 20 provide that particularization.
21 We -- I guess as I've been sitting back, Judge 22 Grossman, and listening to the argument of the Staff and " .
23 Rorem, I'm taken with the proposition that my client -- I'm 24 not sur hat it's Mrs. Rorem that suffers as a result of Am . _aer:1 Reporters, Inc.
25 her pro se appearance or whether my client does.
409 I
i
-SueW I Let me say this. I argued earlier that Mrs. Rorem 2 should not be given the opportunity to file late contentions.
3 What I should have said is that the Board should not sanction
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\/ 4 that opportunity.
5 The Commission's regulations already provide the 6 mechanism for filing late-filed contentions. There is nothing 7 that prevents her from doing that. Those regulations provide 8 her with rights right now, and she could file those late-9 filed contentions and meet the test under 2.714.
10 JUDGE GROSSMAN: Mr. Gallo, are you suggesting 11 that the wording of the contention that she filed could not 12 cover these seven items that she has presented to us?
13 MR. GALLO: Well, she could have -- if she chose 14 to submit them as contentions rather than as issues satisfying 15 the offer of proof, she would have to make the showing of 16 her late-filed contentions under 2.714. Perhaps she would 17 be successful. I don't know.
18 JUDGE GROSSMAN: Well, you are not responding to 19 the question, Mr. Gallo. And I will ask it again.
l 20 Are you suggesting now that the wor'ingd of her 21 originally filed contention could not have covered these seven f~; 22 items?
')
23 MR. GALLO: And the answer is yes. I think that 24 some of those items -- we are talking now about subpart 1(a)
,un . .ae,3 nemners. sm.
25 of her contention. And several of these items, as I pointed 1
l 410 l
4 5 "u;W l out, I believe are included within the ambit of 1(a) even as '
)
8.Y 2 I interpret it and as the Board has interpreted it. !
l 3 But several others do not. The ones that come to I
l'~'>)
4 mind that do not, Issue 8, Issue 6 and Issue 3, because it's
--l 5 well, IgueshinIssue3theword" demonstrate"hasnowbeen '
6 changed to mean a challenge to the adequacy of the plan. So 7 that -- and let me state it differently.
8 The issue that we have submitted testimony on that 9 is to be heard by the Board today encompasses, with the 10 revisions that apparently Ms. Rorem made during argument Il encompasses Issues 2 and 3. It does not encompass 4, because 12 we are talking at the time of an accident. And I guess that's 13 true for all of them, because they all tend to address the 14 sequence of events that occurs during an emergency rather 15 than a pre-emergency.
16 But the evidence on those issues is primarily the 17 same.
18 JUDGE GROSSMAN: Mr. Gallo, it's my understanding I9 that you understood Contention 1(a) as being susceptible of 20 interpretation as covering both before and during, so that 2I to the extent you are suggesting that Ms. Rorem were required
i
~J 22 to submit new contentions that argument just doesn't seem to 23 hold water.
, MR. GALLO: To the extent that -- if one keeps in lAca- werd Reporters, Inc.
25 mind that we are talking about the original formulation of t
- k. .
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411 [ -
l
-SueW 1 Contention 1(a), then six of these issues -- six of the i l
2 eight issues -- are embraced by that formulated contention.
3 JUDGE GROSSMAN: Well, five of the seven I believe.
s
,)
3 4 MR. GALLO: Yes, five of the seven.
5 JUDGE GROSSMAN: Okay. And you are suggesting --
6 and you are saying now that Numbers 6 and 8 would not fall 7 within the scope of the contention in any event.
8 Is that correct, Ms. Rorem, that the wording of 9 your original contention couldn't cover 6 and 8?
10 MS. ROREM: I don't believe so. I don't believe 11 so. I suppose that if I had rewritten the contention I would i
12 have worded it even more broadly.
l 13 But I certainly expected that the informing of la people within the EPZ is countered by informing host com-15 munities. For example, in other words, it's very difficult
~
16 to tell people where to go if the people who are going to re-17 ceive them have no idea or understanding of what they are to 18 do when they get there.
19 And I --
20 JUDGE GROSSMAN: Ms. Rorem, it's my understanding 21 that the ten. mile reference in your contention was a matter l
,('} 22 of stipulation, actually after your contention was filed, and l t
w/
23 that it was narrowed to cover -- to include " ten miles" as a 24 result of your being informed that the EPZ was ten miles and '
Aa . 4ca! Rgotten. im. j 25 that this was something that you consciously chose as a l
i
412
"-7-SueW 1 parameter. i
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2 MS. ROREM: I didn't consciously choose it. I j
3 was told by Staff that in reducing the -- that unless I gm t 1 6
'w/ 4 reduced my contention of twenty-five miles to ten miles that j 5 the Board would throw out my contention. That's a little 6 different than conscious choice.
7 JUDGE GROSSMAN: Mr. Treby, would you like to 8 address the question first of whether Numbers 6 and 8 could 9 be covered by Rorem Contention 1(a) as it is either stated 10 now or had originally been stated?
11 And could you then follow up and indicate whether 12 the other items could have been included in Contention 1(a) 13 the way it is currently phrased?
14 MR. TREBY: Yes. I do not believe that Item 8 15 would be considered under -- would have been included.in any 16 interpretation of the original contention, because the 17 original contention talked in terms of the total of programs 18 for informing the public. And Item Number 8'here does not 19 deal with informing the public but deals with intercommunica-20 tions between appropriate public officials.
21 so, I don't think that that would in any way come 22
] within the original contention.
23 With regard to Number 6, it would seem to me that 24 this might have been included in some broad interpretation Am. sord Reporters, Inc.
25 of the original contention if one is including the -- if one
413
- 4-8-SuSW'I is interpreting the original contention that talked in terms 0 2 .of: instruct' ions for evacuation or other protective measures 3 in the event of a radiological emergency. Other protective 4 ' measures could conceivably, in the broadest of interpretations ,-
5 mean whatever protective measures are necessary when you 6 make reentry.
7 Having said all of that though,'it seems to me 8 that when contentions are admitted, one of the requirements 9 for the admission of a contention is that it is set forth 10 with some particularity and that any basis is set forth.'
II And while the language of a contention may be somewhat broad, 12 the scope of a contention is frequently determined by the b 13
-(Jj scope of the basis that is put forth for that contention, I4 and -that a contention cannot constantly be enlarged because 15 the words may have been -- that were used originally were 16 fairly broad, and whatever one thinks about during the 17 evolution of a proceeding', somehow or other becomes encompas-18 sed within that contention if it wasn' t one of the issues 19 that was initially part of the basis for that contention.
20 And it seems to me that that's the situation we 2I are getting into now. When the depositions were taken of 22
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Ms. Rorem as to what does your contention mean and what was 23 the deficiencies that you sought here, the information that
. =24 she put forth was that she didn't like the brochure, that A. ml Reporters, Inc.
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25 she' thought that somehow the brochure that was used in
i 414 ;
I l
-SueW disseminating public information before an accident was i 1
2 l deficient in various ways. '
3 It seems to me that that was the basis for the 4
4 indication of what this contention was about. If in any way she had indicated any of these other items that are 6
listed here, 2 through 8, those items, as Mr. Gallo has 7
pointed out, are covered in the plan. There are the various 8
references, or a number of references anyway, that he alluded 9
to.
10 Those certainly could have been the subject of 11 summary disposition and could have been disposed of if we 12 had known, or if any of the parties had known, that those were l matters that were encompassed within the contention.
14 JUDGE GROSSMAN: Well, Mr. Treby, we are all 15 familiar with the Commission's pronouncement in Catawba with 16 regard to what is expected in the form of contentions.
17 Now, my reading of that is that the Intervenor 18 must raise the contention immediately, and failing to raise 19 that immediately could result in the contention being barred.
20 But I can't understand how the specifics can be 21 raised immediately before they are available. Now, I don't see how we can have it both ways, that the contention has 23 to be raised originally with all of the specifics that it 3 I Reporters, n.
y end up h ad at de same Mme M rahed at de 25 beginning of the proceeding when the information is not
415
- 4-10-SueW j available.
_- 2 So, my interpretation of what the Commission was 3 saying in Catawba is that the contention must be made as
) 4 specific as it can possibly be made at the time it is raised, 5 and that the requirement for specificity is a moving target 6 as well as the plan itself. And I can't -- and what may be 7 accepted originally as a contention might be inadequate if 8 the contention were raised at a later point in time.
9 Now, if you have another wav of reconciling the 10 fact that the information is not available that would enable 11 the contention to be made more specific originally with the 12 requirement that the contention be raised originally or at k 13 the time the proceeding was initiated, I will have to hear it.
14 But I don't think we can assume that the Intervenor 15 is Prescient and can foretell what is going to be in the 16 emergency plan until that plan is issued. Now, my reading 17 of the contention is that it is broad enough to cover every-18 thing except possibly 6 and 8, as Mr. Gallo suggests, or 19 possibly 8 as you suggest, and that in view of the fact that 20 the emergency plan was not issued until August.12th, that 21 these specifics did not have to be raised in the original
,_ 22 contention but that some reasonable time after August 12th 23 that they could have been raised.
24 Now, could you address that and tell me where the
!A Ar: I Reporters. Inc.
25 reasoning is faulty? -
l 416
- 1-ll-SueW 1 MR. TREBY: I would think that upon receipt of 2 the plan on August 12th, if the Intervenor determined that 3 there were other matters that needed to be raised other than
?
4 the ones that have been identified during the discovery that 5 had taken plac'e beforehand that there was some duty on the 6 Intervenor to alert the other parties to that fact so that 7 they could prepare for that and not have it, you know, 8 suddenly brought to their attention at the hearing for the 9 first time.
10 In this case, it would seem to me that the latest 11 that it should have been raised was on October 8th, which was 12 the day when Mrs. Rorem was responding to the Applicant's h 13 October 2nd letter, discussing just what the scope of 14 Contention 1(a) was.
15 -
At that time, after a prehearing conference amongst 16 the parties, the Applicant indicated that it was renewing 17 its motion to limit the scope of the contention, that it 18 believed that he had set forth what it -- the basis for which 19 it believed that it should be limited and Mrs. Rorem then had 20 an opportunity to respond to it on October 8th.
21 It seems to me that at that time it was her duty
,_ 22 to say: No, the contention is not limited just to the pre-23 accident period of time but what is related to other times, 24 which she did in general terms but she did not indicate these At .er:I Reporters, Inc.
25 six items that are listed here on this offer of proof.
'ND #4 oa flws
5-1-JonWal 417
,,,s 1 JUDGE GROSSMAN: Ms. Rorem?
~('~-) 2 MS, ROREM : I would like to respond to several 3 things. The reason I did not particularize my contention !
^'/(~) 4 right after I received it was that I thought Joe Gallo did l 5 it for me. l l
6 JUDGE GROSSMAN: Ms. Rorem, what you are saying 7 is that his motion to particularize may have left open an 8 area in which you could bring in these specifics, but I 9 don't think that he brought these specifics in, and what 10 Mr. Treby is saying is that notwithstanding the fact that l
- 11 you are Pro Se in this proceeding, when you have that motion 12 before you to particularize, you should then have marshalled r)
( 7) 13 whatever specifics you had in order to persuade the Board 14 not to particularize your contentions any narrower than 15 you wish the contention to be, and that you failed to marshal 16 these specifics, and whether or not there was room for them 17 under the broadly phrased contention, you should have brought 18 these specifics up at that time, and that is as of October 8th 19 Mr. Treby is saying, which is almost two months after the ,
20 emergency plan had been published, and issued' to the public.
21 Ms. Rorem? ,
12 MS. ROREM: Well, what I was going to say was
(~)}
23 that I felt that that was the language that Mr. Gallo wished, 24 and that if it was broad and did encompass my particular ;
Rgonns. Inc. l
, 25 concerns, which I was in the midst of discovering, because i 1
_ . ~ . . , , , , , , _ _ _ _ . _ , . , , __ _ _ _ _ _ _
418 5-2-Jor.Wal I
I t
~s._
1 I had only received the plan three days before he filed his !
2 motion, that the wording was very broad -- I am not an 3 attorney, Mr. Gallo is an attorney. I thousht that if he
%> 4 wanted the wording like that, that that was fine with me j i
5 because it gave me a lot of leeway.
6 On October 8th I was only arguing the matter of 7 the wording. It was not until I received your order of 8 October 18th, which I received on the 23rd of October, that 9
I understood that I did have to submit this offer of proof.
10 I did submit what you required me to submit, but 11 I was only on October 8th arguing the wording.
12 JUDGE GROSSMAN: Mr. Gallo, did you wish to 13 respond?
14 MR. GALLO: Yes. Judge Grossman, I would just 15 like to urge that we keep these concepts separate. That 16 the -- whether or not the contention could have been expanded 17 by Ms. Rorem and the fact that she had the opportunity to do 18 so is one matter.
19 What we have before us is, in fact, a situation 20 where the Applicant filed a motion to particularize. There 21 was plenty of opportunity to oppose that by enumerating other r~ 22 areas in the contention as indicated by Mr. Treby.
23 The Board was persuaded by the filings to limit 24 the contention to pre-accident public information matters, but ,
l Am . .Just Reporars, lm. I 25 provided Ms. Rorem with yet a further opportunity. And what l
l
5-3-Jo Fal ,
419 I
i
-s I we have here now is not whether these issues somehow can be 3
2 augmented as part of the contention, but whether or not these I
3 issues as submitted in the offer of proof meet the standards ii j 4 for offer of proof. :
i 5 And I think the two matters should be kept separate 6 from that viewpoint.
7 I have not argued or attempted to present any 8 argument on 2.714, but' limited my argument to the offer of 9 proof ambient, and I am fearful that the discussion that 10 the Board has had with the Staff, and actually with all the 11 parties with respect to just whether these issues would fit 12 under the original formulation of the contention would
- involve a situation where we might end up with these additional l 13 14 issues without due process being provided to treat them in 15 their proper perspective, and I think the two issues need to 16 be kept separate for that reason.
17 JUDGE GROSSMAN: Well, I don't see that we have 18 any matter of due process before us, because whatever would 19 be accepted by the Board would, of course, be subject to your 20 being able to meet the burden of proof at som'e later time if 21 you need additional time for it, and request it of the 22 Board.
23 So, we are not really concerned with a question l
24 of due process other than whether we would be denying wa neponm. w.
25 Intervener any due process b'y not allowing a specification,
420 5-4-JoeWal
- . I a particularization of a contention, when the information i
'"' becomes available to allow her to particularize.
2 3 And that is the only due process question I see
'- 4 before us now.
5 MR. GALLO: Well, I think there are two other l i
6 aspects that affect my client. One is that the Board's 7 formulation assumed that the eight issues have indeed 8 been particularized.
9 That is an issue that has not been argued, and 10 I submit they have not been.
11 The second is that the Board must keep in mind 12 that if these issues are admitted as matters to be addressed, J 13 that while it is going to afford applicant opportunity and 14 time to marshal its resources to meet its burden of proof, 15 the very act of marshaling those resources, and diverting 16 the resources to address issues which I submit are already 9
17 addressed in the plan, is prejudicial to the client.
18 Those people have other things to do, and should 19 only be called upon for good cause.
20 JUDGE GROSSMAN: Well, Mr. Gallo,'I am not 21 suggesting now that these issues even if admitted are right 22 for hearing right now, because it would appear to me as
]
23 though some, or perhaps all, and at least some would be 24 ameanable to settlement prior to any hearing, and I don't Ace .eral Reporters, Inc.
25 think we want to waste any further time here this morning
4 5-5-Jo Wol taking evidence on these issues regardless of which way we go, jg_ 1 .
1'"',) because I think the parties could very easily resolve most 2
3 of these issues even if they are considered as raised and
'(_e 4 encompassed under the original contention, and brought 5 forward within the pararaeters of the hearing requirements in 6 a timely fashion. ;
7 But -- so I am saying, I don't think we are going ,
f 8
to be hearing these issues right now, in any event. j 9 MR. GALLO: Judge Grossman, I guess I just don't i
10 share the Board's~ optimism on settlement. I mean we have !
l 11 been singularly unsuccessful with respect to Ms. Rorem on 12 that very subject. ,
(~,/ 13 JUDGE GROSSMAN: My understanding about what happen d i
14 on the Byron case was that there were seemingly unsurmountable l 15 problems also with regard to emergency planning, and all ;
16 those issues were resolved before hearing. j, i
17 Perhaps I am srong. It was not my case.
18 MR. GALLO: Your characterization of the case is ,
l 19 correcct, but the parties were different in that proceeding.
l 20 MR. FLYNN: Judge Grossman, I would like to say -
l 21 a brief word. I think there is another option here, and that i
< 22 is if the Board were to allow the offer of proof, but postpone,
,S !
\J 23 the hearing, we might want to move for a s tmmary disposition. j i
24 Ms. Rorem has already indicated that the -- not
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in her offer of proof, but i*n her presentation today, that t
! 25
422 5-6-Jo:Wal
-x 1 the issue is not whether these things are addressed in the .
)
t 2 plan, but whether they are addressed adequately. ,
p 3 We think that they are, and it would safe every- i l
4 body's time if that were submitted on motion. :
i 5 JUDGE GROSSMAN: What the Board is going to do now 6 is reserve its decision on the offer of proof, and that is 7 on the motion for reconsideration of its order, and allow the 8 parties to respond -- that is, the Staff and Applicant, to 9 respond to what is in effect a motion for reconsidation in 10 the form of an offer of proof, and I will put the burden 11 on both parties, Staff and Applicant, to raise specifics 12 with regard to the offer of proof, and I mean evidentiary--
l 13 through substantive specifics.
14 So that we can take a big step towards resolvin7 15 these matters on a substative basis without having to 16 digress to procedural basis for eliminating these.
17 Ms. Rorem?
18 MS. ROREM: I just wonder. I would like to have 19 a chance to respond to their responses. So I have that 20 also?
21 (Board confers.)
(N, 22 JUDGE GROSSMAN: We will take a ten minute 23 recess.
- .er:1 Reporters, INDEX 24 Inc. (Recess taken at 11:00 a.m., to reconvene Act 25 at 11:15 a.m., this same day.)
p a + . .
- 5-7-Jo;Wal 423 1
_s 1 JUDGE GROSSMAN: During the recess, the Board ,
1 2 has caucused, and we have decided by majority decision, with 3 Judge Callahan dissenting on this, that we will entertain L_J 4 written replies by the -- written responses by Staff and 5 Applicant to the motion to reconsider, and in the nature of 6 a motion -- motions for summary disposition of these particular 7 items raised by Ms. Rorem, and that subsequent to the Staff 8 and Applicant submitting these responses and motions, that 9 the parties be required to confer with the mind to resolving 10 the matters on a substantive basis, and that thereafer Ms. I 11 Rorem be required to reply to these motions, and I will 12 request that the parties tell us what they would like in the way of time.
l 13 14 Do I hear any objections to this procedure?
15 Mr. Gallo?
16 MR. GALLO: Yes, I object to the procedure. I l'7 think that the most the Board should allow is Applicant and 18 the Staff the opportunity to particularize and to respond 19 to the offer of proof, and that we not be required to 20 go the next step and submit information by way of summary 21 judgment, an.d then more importantly, that Ms. Rorem not be f^3 22 given yet another opportunity to have the last word so that
\ i 23 we still have uncertainties left to be resolved.
24 I think we should have the last word, and then the i
Aa a n a n mo n m .ine. ,
25 Board should rule.
l i
5-8-Jo Wal 424 l l
-~
1 JUDGE GROSSMAN: Does the Staff have a position
~
2 on whether we could properly require pleadings in the nature ,
3 of motions for summary disposition and not allow Ms. Rorem ,
x i 4 an opportunity to respond to that?
5 MR. TREBY: We seem to have a hybrid situation l 6 here in the sense that what we are starting off with is this 7 offer of proof which has now been converted into a motion for 8 reconsideration.
9 The Applicants and Staff are being given an 10 opportunity to file an answer to *he motion for reconsideration.
11 I guess the Board has the discretion to permit a reply if 12 they wish to our answer.
l 13 If we go the route of filing a motion for summary 14 disposition in response to this offer of proof, I believe that 15 the regulations -- I have to check it -- s tbject to check --
16 but my recollection is that there is an opportunity to file 17 a response to a motion for summary disposition afforded, and 18 if what we filed was a motion for summary disposition, then 19 Ms. Rorem would have an opportunity to respond to a motion 20 for summary disposition, since either the app'licant or the 21 staff, or whichever party filed that motion would be the 22
('} movement , then I guess it would be within the discretion of 23 the Board to give us the opportunity to file a reply to 24 whatever answer came in.
Ac:Mna neponus, Inc.
25 JUDGE GROSSMAN: (fell, I don't think we are all
5-9-Jo;Wal 425 1 that interested in hearing Ms. Rurem's response on procedural 2 grounds.
3 I think we have discussed that enough at length i
('"; '
I 4 here. But to the extent that you are going to cover I 5 substantive matters as we require, I don't see how we could 6 possibly listen to you position without offering Ms. Rorem 7 an opportunity to respond to that.
8 MR. GALLO: Judge Grossman, I am prepared to 9 limit my reply to the motion for reconsideration offer of 10 proof to simply pointing out where in the plan the areas 11 that her issues addressed are covered, and not present any 12 expert testimony by way of affidavit which interprets, or 13 otherwise deals with those sections of the Plan.
14 JUDGE GROSSMAN: You mean even though they may i 15 be covered, and even though they are inadequate, you just 16 don't care to -- you don't believe that is material.
17 MR. GALLO: Certainly if that were the case that 18 would be material, but I still maintain that the burden of 19 establishing inadequacy is on Ms. Rorem, and she has not 20 done that. Her offer of proof is deficient oh its face 21 for that reason, we maintain.
22 Therefore, all we need do when she suggests that
(~'}
23 Applicant must develop and must do other things in my judgment 24 is simply point to where that has been done, and that should ,
j Am anal Reporters, lm. !
25 be sufficient to defeat the offer.
I I
(- . . . . .
5-10-Jo:Wal 426 ,
l
,7") 1 And I am prepared to limit the issue to juct that.
( ;
2 The Board s'eems of a mind to go further than that, and to take 3 evidenceontheissuesasiftheywereissuesintheproceedinh,
! ) 4 and try to deal with them substantively by way of s tmmary 5 disposition and cause us and the Staff to provide affidavits, !
I t
6 or whatever evidentiary presentation we care to make, and then 7 give Ms. Rorem the opportunity to deal with those evidentiary 8 presentations.
9 I don't think the -- because of the stage of the 10 proceeding you are in, that that kind of procedure is called Il for.
12 I think that is giving Ms. Rorem a fourth, fifth, l 13 and sixth bite at the apple that she in the circumstances 14 is not entitled to, Pro Se or not.
15 JUDGE GROSSMAN: Ms. Rorem?
1,6 MS. ROREM: Okay. I have not had a chance --
37 ' JUDGE GROSSMAN: Excuse me a second.
18 (Board confers.)
19 End 5.
MS fols.
20 21 ,
22
', N 23 24 Am er:J Reporters, Inc.
25 I
- l 427 i Sim 6-1 1 JUDGE GROSSMAN: Are you withdrawing your request 2 to speak now, Ms. Rorem?
3 (Laughter.)
4 MS. ROREM: Nc, I am not. I would like to say 5 something. Back in here before the 10-minute recess and 6 so forth, I got caught in a cross-fire and didn't have a 7 chance to clarify for the Board points 6 and 8. And you 8 simply let the staff and applicant comment on them, I have 9 not had a chance to clarify for you what I meant or why 10 I feel that those two issues do fall within the ---
11 JUDGE GROSSMAN: Fine. Would you tell us now.
12 You are correct, we never did give you an opportunity.
13 MS. ROREM: Thank you.
14 I started to explain on issue 8 that it is very 15 difficult to inform people I feel who are going to be 16 evacuated about the items which they need to bring, the 17 lens *h of the stay which they are going to have to assume 18 they are going to take and where they are going to go if 19 the host communities are not adequately informed.
20 There are.many issues here, and I don't feel that 21 it is a separate issue. I feel that it is very much a part
-, 22 of public information.
23 On point No. 6, the emergency is not over until 24 people have re-entered the evacuated area. Mr. Gallo is the A dr:I Reporters, Inc.
25 one who, as you pointed out,' divided the issues into
428 Sin 6-2 i pre-accident and accident time. I didn't really feel that 2 it needed to be divided any further, and it didn't even 3 occur to me to divide it further.
) 4 He wanted to talk about a specific thing. He has 5 argued at one point in here that my original contention 6 only included pre-accident. If he had felt that, then he 7 certainly would not have filed his motion asking you to 8 particularize my contention because it would have stood on 9 its merits.
10 And it says in the event, my original contention 11 said in the event of an accident. "In the event" is both 12 before and during an accident. And it also talks about --
13 it says in the event -- okay. Other protective measures, 14 certainly re-entry protective measures fall under the frame-15 work of protective measures to be taken in the event of a 16 radiological emergency.
17 I don' t see where he can argue that that isn' t -
18 part of what I originally intended.
19 JUDGE GROSSMAN: Mr. Gallo, do you have any 20 suggestion on the timing of these matters? We are going 21 to stick with our order requiring responses and motions in
,_ 22 the nature of motions for summary disposition.
23 MR. GALLO: Judge Grossman, my witnesses will 24 generally not be available until after November 7 because h il Reporters, Inc. '
25 of the exercise which takes place on the 6th.
429 Sim 6-3 1 So I would request Friday the 22nd would be the 2 date for filing the pleading called for by the Board's 3 order.
I '
4 JUDGE GROSSMAN: That is November ---
5 MR. GALLO: 22nd.
6l JUDGE GROSSMAN: --- 22nd. Would that be 7 sufficient time?
8 MR. TREBY: I can perhaps allow FEMA to speak 9 better to their time restraints since it is going to be 10 principally FEMA who responds to that.
11 JUDGE GROSSMAN: Mr. Flynn?
12 MR. TREBY: But I would point out as a preamble f 13 to FEMA's comments that there is an exercise plan next week 14 and that as a result of that exercise the FEMA officials 15 are going to be involved in both the viewing of that exercise 16 and certain host exercise activities that they must do 17 which will affect their timing.
18 With that, let me turn it over to FEMA and they 19 can indicate what time they need.
20 JUDGE GROSSMAN: Mr. Flynn.
21 MR. FLYNN: Your Honor, there have been several 22 references to an exercise. In fact, that is coming up in
(
23 the next week or so.
24 Mr. Wenger is the person that I need to work with At #ral Reporters, Inc.
25 me to prepare the responses. He is intimately involved
430 Sim 6-4 j in the exercise.
2 Once the exercise has been done, then he has 3 to write a report on it. And then very soon after that he 4 is involved in a similar exercise for the Clinton plant.
5 He tells me that it will really be the first of the year -
6 before we could complete the work that you are asking us 7 to do.
l gj JUDGE GROSSMAN: Does he have time during the 1
9 Christmas vacation?
10 (Laughter.)
11 Well, Mr. Treby, what do you suggest then as far 12 as when staff can have the documents or motions submitted?
13 Excuse me for a second. Let us refer to the ja schedule that the Board approved last week.
15 (Pause.)
16 Well, referring to the revised schedule that the j7 Board adopted on October 23rd, we see that we have 'a hearing 18 commencing on Rorem Contention 1-B on approximstely January 19 20th. It would seem to me that we would want to include 20 Contention 1-A, whatever remains of it after summary 21 disposition motions in that hearing.
22 So we would like to have the brief:.nS completed, 23 including Ms. Rorem's response, at least a veek before. Well, 24 that is cutting it close.
> I Reporters. Inc.
25 (Board conferring.) -
431 Sim 6-5 j Well, it seems to me that we can require your 7j motions by December 20th about. I don't see how that 3 exercise could take up all that time from November 7th through 4 December 20th, and I see that the date for receipt of the 5 FEMA findings on emergency planning is December 2nd, which 6 w uld give you 18 days after that, and not all of them working 7 days of course.
8 Mr. Wenger, why do we have that problem between I
9' December 2nd and December 20th?
10 MR. WENGER: Judge Grossman, my position is team jj leader of two other people and it is our responsibility to 12 oversee the planning efforts of the State of Illinois. We 131 do have the exercise next week of Braidwood, which it will 14 be my team's responsibili+ y to develop that report. It is 15 quite extensive and it will take two weeks' time.
16 We also need lead-up time to prepare for the Clinton j7 exercise, which is December 4th. It takes two weeks following 18 that period of time to assemble the report, plus one of my j9 colleagues has responsibility for the prompt alert notification 20 certification tests, of which there are two for.thcoming, plus 21 I have two interim findings, one for Braidwood and one for 22 Clinton which must be filed and acted upon within FEMA 23 prior to sending to the NRC.
24 We have an extensive workload continuing into the At t'J Reporters, Inc.
25 first of the year. -
432 Sim 6-6 MR. GALLO: Judge Grossman, I don't want to sound 1
2 unsympathetic, but I am. It seems to me that the litigation 3 in this proceeding ought to proceed on some reasonable basis.
Everyone has other commitments, and I can be sympathetic 4
5 .with that.
6 But what we are talking about is two or three days' 7 time at the outside in which to write or advise counsel with g respect to the issues before us. It seems to me that that 9 ought to be accomplished well in front of December 20.
10 (Board conferring.)
11 MR. TREBY: Judge Grossman, perhaps I could make 12 a suggestion. Rather than taking a lot of time to come up p 13 with dates, perhaps at the luncheon break the parties can 14 get together and see if they can come up with a some sort 15 of dates.
16 The January 20th date for the hearing was originally 17 set because we thought that that was the date that the QA/QC 18 contention hearings would also begin, and we were going to 19 complete everything at one time.
20 The QA/QC contention hearings are going to start 21 at a later date now. I am not sure the January 20th date p,
22 is sacred. But, in any event, let's instead of wasting the s 23 Board's time see if the parties can propose a schedule during 24 the luncheon recess.and, if not, then perhaps we can have Ac l Reporters. Inc.
25 the Board --- ,
433 Sim 6-7 j JUDGE GROSSMAN: That suggestion is well taken, and 2 let me suggest that you try to set the dates earlier than 3 we have heard from the FEMA people since, as Mr. Gallo
~
i 4 suggested, it might only take two or three days of their time 5 to assist you and that that can possibly be squeezed into 6 their oblgations.
7- So right now why don't we proceed with the hearing 8 itself on the matters that we know are going to be heard 9 at this hearing. And, by the way, let me suggest that you 10 leave sufficient time in your proposed schedule for the 11 Board to decide those motions and for the parties then to 12 be able to submit prefiled testimony in advance of whatever h 13 would be left for hearing.
14 Ms. Rorem.
15 MS. ROREM: I wondered if you could clarify something 16 for me, Judge Grossman.
17 I originally understood that the Board would entertain 18 written responses by the staff and applicant and motions for 19 summary disposition. Is this correct that that will b the 20 first thing that will happen, or is it that they will respond 21 and then we will all get together and then I will respond
_ 22 and then they will submit motions for summary disposition?
23 JUDGE GROSSMAN: No. They will submit, as far as 24 we see it, they will submit motions of pleadings in response Ac #of Reporters, Inc.
25 or motions in response to your motion for reconsideration
434 Sim 6-8 1 and in the nature of motions for summary disposition, one 2 document with two functions.
3 And thereafter you will meet and attempt to 4 resolve the issues on a substantive basis, and thereafter 5 you wil'1 then file a reply.
6 MR. TREBY: Judge Grossman, I wonder if I could 7 request the Board's indulgence and perhaps seek reconsidera-8 tion of that ruling in the sense that since there seems 9 to be some timing problem at least with regard to FEMA, 10 that rather than combining these two steps, .which is 11 responding to the motinn for reconsideration and filing 12 a motion for summary disposition at the same time', whether h 13 there might not be some merit to first responding to the 14 motion for reconsideration, have the ruling by the Eoard and 15 then seek the motions for reconsideration in the sense 16 that to the extent that an argument could be made that 17 Subitem No. 8 is not included, that matter could be resolved 18 or whatever.
19 JUDGE GROSSMAN: Mr. Treby, I don't see that we 20 are going to decide anything on a procedural basis without 21 having a substantive background for this. So it would just
,_ 22 be an exercise in futility to do it in two parts.
23 (Board conferring. )
24 With that in mind, that we will have a further A Aril Reporters, Inc.
25 discussion on the scheduling ufter the luncheon recess,
435 ha 6-9 3 we will begin with Mr. Gallo's case right now.
I 2} MR. GALLO: One point of clarification, Judge 3 Grossman, and I should have raised it sooner and I apologize,
) 4 but I assume that the issues we are addressing in the 5 offer of proof are as modified during the argument in that 6 the emer 'ncy planning zone we are talking about is the 7 10-mile emergency planning zone and that the word 8 " demonstrate" means a challenge to the adequacy of the 9 presentation in the plan.
10 JUDGE GROSSMAN: That is correct.
v 11 Mr. Gallo;. do you wish to present your witness?
12 MR. GALLO: Thank you, Judge Grossman. We would k 13 call at this time Mr. Lawrence D. Butterfield, Jr., to the 14 stand.
15 MS. ROREM: Excuse me.
16 JUDGE GROSSMAN: Ms. Rorem?
17 MS. ROREM: Don't we have several other matters 18 here, Commonwealth Edison's motion to strike?
19 JUDGE GROSSMAN: Well, Mr. Gallo, do you want to 20 speak to where we stand on the motions to strike? I think 21 we passed each other in the night, so to speak, on the
, s 22 Board's ruling and your supplemental testimony and your 23 motion to strike the staff's testimony to which staff 24 acceeded.
A r:I Reporters, Inc.
25 Now, I don't know that they necessarily want to
435 Sim 6-10 1 stand on what they deleted from their testimony in view of
) 2 what the Board's order is, but I don't know that we can 3 compel them to put on testimony they may not desire to m
4 put on at this point.
5 MR. TREBY: Well, let's clarify that right away.
6 The staff has learned that when the Board speaks that the 7 staff should pay attention. We have revised our testimony, I
81 I gues what we will call version No. 3, and what version I
9 No. 3 is essentially the original testimony, which the 10 staff filed as modified by the Board's order'of of this 11 past Friday.
12 JUDGE GROSSMAN: Okay, which merely strikes a few h 13 words on the top of page 9 on the.prefiled testimony, and 14 I assume that you would not, Mr. Gallo, wish to present the 15 supplemental testimony, but perhaps that is presumptious on 16 my part, and you perhaps think that it is necessary.
17 MR. GALLO: Well, as I understand the Board's 18 order, Judge Grossman, the motion to strike was essentially 19 denied, and that the ambit of the contention, consistent 20 the the Board's order to particularize, includes a discussion ;
1 21 about interaction with the media to the extent it involves I 22 preplanning.
23 JUDGE GROSSMAN: Well, it does, but I don't believe 24 that it would ---
A #r;l Reporters, Inc.
25 MR. GALLO: I was goi'ng to say and therefore the
437 S m 6-11 1 supplemental testimony would be appropriate.
21 JUDGE GROSSMAN: Okay, that is fine. I have no i
l 3 problem with that. I don't want to say any more and compli-4 cate it even further.
5 Ms. Rorem, is there a problem?
- 6 MS. ROREM: Well, I didn't see some of this 7 jockeying going on, you know, and I didn't understand it.
I Bi JUDGE GROSSMAN: Well, Ms. Rorem, the situation 9 we are in now is that applicant will present the testimony 10 that it offered originally, plus the supplemental testimony, 11 staff will present its testimony minus a phrase that appears 12 at the top of page 9 of that prepared testimony, and you h 13 will certainly be permitted to cross-examine on the substance 14 of that testimony.
s 15 MS. ROREM: Okay. There are two other things.
16 I would like to ask you to issues subpoenas for 17 three people who are charged with responsibilities under the 18 public information portion of the plan.
19 In order for the applicant to show that the 20 public information program works, which I believe they 21 are required to do, or to show that it has hopes of 22 succeeding, I think it is important that the people who are i
23 directly resonsible for some of the implementation of that 24 plan need to be cross-examined. And I would like to ask that
/ dr;l Reporters, Inc.
25 you issue subpoenas for the Kankakee County ESDA person,
438 Sim 6-12 j Richard Meents, for the Grundy County ESDA person, Jim l
2; Lutz and for the Will County ESDA person, Joseph Talarino.
3 (Board conferring.)
~ . ,
l JUDGE GROSSMAN:
4 Now will the substance of their 5i testimony that you wish ' elicit concern what is being 6j presented this morning in the form of prefiled direct
{
7l testimony by applicant and staff? l i
gj MS. ROREM: Yes, it will.
9i JUDGE GROSSMAN: Do you wish to speak to that, 10 Mr. Gallo?
11f MR. GALLO: Yes. I don't mean by the shake of my l
l 12! head that I don' t wish to speak.
13 (Laughter.)
14! I am just shocked and amazed by the request. The 15 request for subpoenas is not in accordance with NRC regulations 16 dealing with the issuance of subpoenas.
I 17: And, more importantly, Mr. Rorem is woefully out 18 of time. I don't have to belabor the record to indicate 19 that her request for subpoenas should have been filed sooner.
20 I have to reason to believe that Ms. Rorem had in 21 the back of her mind to seek the presentation of witnesses 22 in this case back to May when we took her deposition, and 23' she mentions in her offer of proof that she is interested 24 in the filing of subpeonas.
A r;l Reporters. Inc.j 25l Yet, there was no identification of the witnesses
439 I Sim 6-13 j and no attempt to file a request for subpoenas and no attempt l 2 to show relevance in compliance with the regulations.
3 Our main objection is that she is out of time, and 4 it is prejudicial to my client to at this late date when we 5 are all ready to go forward to take into account the question 6 f whether or not subpoenas should issue for these witnesses 1
7 to determine how they might be represe.qted by counsel and (
l 1
81 to take all the other procedural steps necessary with no .l 1 9 excuse offered by Ms. Rorem as to why she is out of time.
10 And I don't believe unfamiliarity with the 11 Commission's regulations will work this time.
12 And, secondly, she has made no showing as required I 13 by the regulations of why these people should be called and ja how their testimony is relevant to the issues at hand.
15 So for all those reasons her request for subpoenas ,
16 should be denied.
/
17 18 19 20 21
-s 22
^
23 24
'/ rtl Reporters, Inc.
25 i
l, 440 I JUDGE GROSSMAN: Mr. Gallo, will you refresh my 4 7--lqS ueW
)
2 recollection on the specifics of the NRC regulations which 3 indicate that she is out of time in requesting subpoenaes for 4 hearing?
5 MR. GALLO: Well, unddr the regulations that deal 6 with the scheduling and presentation of evidence, the time 7 for subpoenaing witnesses for purposes of evidentiary pre-8 sentation must be made consistent with the hearing schedule 9 established by the Licensing Board. And that wasn't done in 10 this case.
II The Licensing Board had aoproved the schedule 12 which she agreed with for taking this action. And she had 13 told us at one point when there was a thought that a State 14 Senator Joyce wculd be called as a witness that he would not 15 be called. And where was her requests for subpoenaes at 16 that time for these witnesses who had been in existence for 17 all this period of time?
18 It just boggles the mind to believe that she has I9 just now come up with the notion and idea that she would like 20 to subpoena these witnesses.
2I JUDGE GROSSMAN: Ms. Rorem.
22 MS. ROREM: Let me explain a little further, okay?
23 First of all, Mr. Gallo made reference all the way back to 24 Ace-eof Reporters,theInc,early May, the tine of my deoosition when I had at the 25 back of my mind witnesses which I refused to tell them who
. .. .. .. e . . . .. .
441
- 7 2-SueW j they would be. That was because, as I explained, they are j
Y ' p litical people, one of whom was Senator Joyce. And I did 2
3 not wish to enrage or otherwise disturb those people at that 4 time by mentioning that I felt that I would like them to be 5 witnesses.
6 In terms of why I did not come forward sooner, I 7 didn't fully understand until I read your motion -- I mean, ,
8 excuse me, your Order, which I received on the 23rd of October, 9 that is five days ago or last Wednesday, the extent to which ,
10 I have responsibility for putting my case forward. i 11 It was my understanding that the burden of proof l 12 rests on the Applicant, and until you made that Order which l'
/~
(_,N/ 13 Particularized my contention in such a way that it encompassed' 14 only a certain thing, I felt that it was the Applicant's job ,
15 to show certain things and that if he did not do so that that '
16 is too bad for him.
17 Your Order made it clear that I have responsibility 18 to present certain parts of my case, that I cannot simply '
19 state that the Applicant has not done so. 'Therefore, we are 20 talking five days ago that I received your Order of October 21 18th. ,
22 I did attempt to talk to you on Friday, and you 23 were not in. I can make no further excuses than that.
p-F
- s Reporters.
24 Inc. JUDGE GROSSMAN: Mr. Gallo, I take it then that
~
25 you are not relying on any provisions in the regulations
.~
442 i
SW ] concerning subpoenaes now but only --
2 MR. GALLO: No.
3 JUDGE GROSSMAN: -- on the time limit set by the 4 Board for the prefiling of direct testimony.
5 MR. GALLO: No, that's not the case. That is, 6 subpoenaes for witnesses have to make a proper showing under 7 I believe 2.740, or there has to be some showing of materiality 8 to the issues at hand.
9 This request, this oral motion, made today is 10 simply outside the rubric of NRC regulations. It should not 11 be permitted.
12 Moreover, I must say that I just don't find Mrs.
I /
13 Rorem's explanation credible. Seated behind her is Mr.
14 Timothy Wright who is counsel for BPI and has assisted Mrs.
15 Rorem from time to time in this proceeding.
16 And I have reason to believe he is going to conduct 17 the cross-examination of my witness when I present him. He 18 was available to provide Mrs. Rorem all the advice that she 19 might require with respect to the subpoena matter.
20 And I think this is just another la'st minute op-21 portunity to.effect delay, delay which prejudices my client 22 in that we are forced to respond instantaneously to these --
23 JUDGE GROSSMAN: Mr. Gallo, you are perhaps more 24 familiar with NRC regulations than I am. But I spent fifteen Am-rma i neponm. ine.
l 25 years trying cases before the Federal Court and if the NRC rules
443
- SueW 1 are the same as the Federal rules in this respect, to subpoena i
2 for deposition one must first notice the deposition and give :
i 3 all the parties that notice. But to subpoena for trial one i 4 merely requests of the Clerk, or in this case the Board, to 5 issue the subpoena without any advance notice to the parties.
6 And that is a legitimate method of proceeding.
7 Now, to the extent that we have requirements for prefiling 8 testimony, that's another story. But that apparently isn't 9 the story that you are referring to now.
10 Could Mr. Treby assist us in respect to this 11 matter?
MR. TREBY: '
12 Yes. The Staff also opposes this
/ 13 request for a subpoena on at least two grounds.
14 The first ground is that it is untimely. We did 15ll have a schedule in this proceeding which required, number one, 16 an identification of witnesses; and, number two, a prefiling f.
17 of testimony. Either one of those events should have trigger-18 ed a request for a subpoena of people so that the other parties 19 would be on notice as to what this proceeding would entail 20 today.
21 A.second ground for objecting to the request for l 22 a subpoena is that Section 2.720 of the Commission's Rules ;
N, 23 of Practice which deal with subpoenaes requires a showing of f 24 general relevance of the testimony or evidence sought by the Am-Feoerj Reporters, Inc. l 25 subp'nna o that was also being sought.
J w
I - ..
444 i i
f
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There has been no showing of the general relevance !
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2 of the testimony by the Intervenor. I All that we have heard i 3
is a request that these people should be made available. Thereii 4
has been no argument made in what way it is relevant to the f.
5 subject matters of Contention 1(a) .
1 6
For these reasons, I oppose the request for a '
7
=
subpoena.
8 JUDGE GROSSMAN: Well, general relevance is not 9
that strict a standard and though we certainly should inquire 10 into the general relevance of this testimony, but certainly II it is well taken that no mention was made of these potential 12 witnesses at the time the Board required the prefiling of 13 testimony and the identification of witnesses.
I4 i
But let me ask first, Ms. Rorem, whether you have 15 l contacted these witnesses, or potential witnesses, and asked 16 whether they would be available for testifying?
17 MS. ROREM: No, I have not.
IO JUDGE GR0SSMAN: Well, now could you tell us why 19 they are needed?
What is the relevance of their testimony?
20 MS. ROREM: Could you wait just a moment?
2I JUDGE GROSSMAN: Yes.
22 (Pause.)
23 MS. ROREM: Okay. In the Illinois Plan for 24 to9a morrers. Inc. Accidents, Braidwood, for instance, the Radiological 25 Kankakee County ESDA Officer, Richard Menks, has signed on a j r .
I
445 i l
1 47 6-SueW 1 page which has to do with public information considerations.
2 JUDGE CALLIHAN: Page reference, please, Ms. Rorem. !
3 MS. ROREM: Excuse me. l l
I 4 JUDGE CALLIHAN: Or section?
1 .
Sj MS. ROREM: It's Chapter 4. Okay. This is --
6 the particular copy I have --
7 JUDGE CALLIHAN: Just for the record.
8 MS. ROREM: Pardon me?
9 JUDGE CALLIHAN: Just for the record so people can 10 find it.
11 MS. ROREM: Okay. It's Chapter 4, Kankakee County 12 Basic Plan Preliminary. Okay.
( J" 13 JUDGE CALLIHAN: Is there a page number?
14 MS. ROREM: It's the cover page for that section.
15 He has signed that -- it's the initial signature page indicat-16 ing that he signed off on this part of the plan.
17 On the second page of that, it has -- is listed 18 Public information considerations. And it talks about the 19 methods'by which the public is kept informed of the nature 20 and the consequences of a nuclear incident and, you know, who 21 will take charge of what part. And it says that a spokesperson 22 will provide a timely information to the Kankakee County ESDA 23 Coordinator or his designee for coordination of local releases 24 and so forth. I cFeder Reporters, Inc.
25 This -- i i
n 1
446 l
l p7-SueW l JUDGE GROSSMAN : Ms. Rorem, even though you are 2
reading the Reporter has to take all of this down.
1 3
MS. ROREM: Excuse me. I'm sorry. It talks about 4
a public information spokesperson. It discusses that timely 5
information will -- to the Kankakee County ESDA Coordinator 6 l will be made. '
7 I think that it's important before an accident j 8
occurs that we understand whether or not the Kankakee County ,
9 ESDA Officer understands what his duties are, what might be l 10 required of him under circumstances, what understanding he 11 has, in what way he will enable public information beforehand.
12 Furthermore, in the plan it asks that persons -- ;
13 or, in the brochure it asks that persons in order to receive I#
further information upon -- about the plan and about what they 15 are to do -- and this is the brochure which is distributed 16 before an accident. This has been declared acceptable pre-I7 accident information by the Applicant and the Staff.
18 It is listed the Kankakee County Emergency Services 19 and Disaster Agency. If persons are to read this and are to 20 say: I need more information about this. I need to contact 21 this person. Then they should be able to contact him and he 22 should be able to know what he is talking about.
23 The third point is that it states in testimony by j,
9,,,,7 24 both parties that the brochure was developed as a cooperative 25 effort between State government, County government and Applicant.
i
447
- SueW j If these are the people who are responsible for 1
the information which the public receives before an accident, !
2 3 it's important that they show that they understand the nature .
4 of that which they are supposed to discuss.
5 JUDGE GROSSMAN: Ms. Rorem, do 'you have any infor-1 6 mation that suggests that the Officer does not know what that 7 brochure is about?
8 What is the necessity for having him appear here 9 to respond to questions of yours?
I f 10 MS. ROREM: I think the necessity is that as far i
11 as -- in the way that the plan is written, it gives assurances 12 to the public that their County officials are directly con-d 13 cerned with their interests and with theirselves in the l
14 event of an accident.
15 It says that these people have had a hand in 16 the writing and so forth of the brochure. It indicates that i
17 they are responsible.
18 I think that these assurances are made without 19 substance. I have no way -- there is no way that one knows 20 what part Mr. Menks wrote of this brochure or ~what part the 21 Will County Officer of this brochure, or what exactly the
'"X 22 nature of their particular interest is in the matter.
~_)
23 But the public is told in the plan that these 24 people have to this extent been concerned with their safety.
erd Reporters, Inc.
25 JUDGE GROSSMAN: M's . Rorem, are these the same l
_ - . _ . _ . ... ._____.__.___________._______.______________o
448 57-9-SueW i concerns that you have with regard to the other two indivi-4 l t
2 duals?
3 MS. ROREM: Yes. I was giving you an example with
(-
(_) 4 the first one, or the one to which I turned.
5 JUDGE GROSSMAN: Well, it seems to the Board on 6 first impression -- and we will discuss that amongst ourselves --
7 that you do meet the standard of general relevance but you did 8 miss the requirement for indicating at the appropriate time l 9 that you were going to need these witnesses.
10 And from what you are suggesting now it doesn't 11 really appear as though it's necessary to have them. I don't 12 think that you have any information, from what you've said, ll 13 that suggests that they don't know what it's all about.
14 And we are really embarking on discovery now if we 15 were to have these people here for you to question them. And 16 I would think that the least you could have done was to call 17 these people and ask them those questions. '
18 MS. ROREM: Judge Grossman, I do have a personal l 19 experience with one of them which I don't think is worth 20 bringing up here. I did not specifically ask him because of 21 the fact that. in a public meeting he made it extremely clear 22 that he felt there were no problems and he listened to what-w/
23 ever it was that Commonwealth Edison said.
24 His general demeanor was indicative that he would i derd Reporters, Inc. t 25 not in any event testify for me. And it also indicated to me <
i t
t
449 l 0-SueW I that he had no real understanding of what the specifics of i
2 the plan which he was to implement were all about. I i
3 (The Board members are conferring.) i 4
JUDGE GROSSMAN: Okay. Ms. Rorem, it appears to 5
us as though you do meet the standard for general relevancy l 6
but that it is a little late in the day, that if for some !
7 reason we were persuaded that these people were legitimately 8
rebuttal witnesses for which we might have some allowance for 9
request for subpoenaes that might be another story.
} 10 But they are basically people that you think might supply testimony in your favor, and you have not mentioned 12 them -- had not mentioned them at the time we required the 13 identification of the witnesses and the testimony.
I4 And it also appears that the information that you 15 think you might elicit from them could easily be elicited 16 from the' witnesses who are going to appear. .So, we would deny I7 your request now.
O MR. WRIGHT: Judge Grossman, may I --
19 MR. FLYNN: May I object? I object to any state-O '
ment by Mr. Wright on behalf of Ms. Rorem unless he is 21 entering an appearance on her behalf.
22
/ '; JUDGE GROSSMAN: Well, Mr. Flynn, you know, we 23 are being very liberal about having persons speak, and I'm 5 : n oon.n. : . not sure whether everyone that we've heard from has entered 25 an appearance for a party. -
l _ _ _ _ _ _ - - - - - - - - _ _ - - . - _
450 !
- 7 -
SueW 1 MR. FLYNN: The issue that I want to raise here is j 1
2 accountability. Ms. Rorem is hiding behind the fact that she ,
i f
3 is not represented. But, in fact, there is an individual here!
4 who is acting as her counsel.
5 MR. WRIGHT: Judge, if I may beg the Board's 6 indulgence for one moment. I was going to seek to clear that :
7 out, because I think there is a problem. I think we do need 8
to get it cleared up at the outset so we understand completely-9 what my relationship is to Ms. Rorem.
10 I have been implicated by Mr. Gallo and now by Mr. !
Il Flynn before I had a word to say. And I think I can clear it 12 up in a very few moments. '
S I3 JUDGE GROSSMAN: Okay. Could you speak a little I4 louder though? I'm having a little trouble hearing you 15 through that mike.
16 MR. WRIGHT: Well, I normally don't use mikes. As I7 I was saying earlier, Judge Grossman, I've been implicated 18 by Mr. Gallo and now Mr. Flynn. And I think'I can make my 19 position or my relationship to Ms. Rorem very clear.
20 Mr. Gallo has indicated that perhaps I was here 2I as a surprise cross-examiner. That's untrue. I haven't 22 filed an appearance,.and I certainly don't think that I would 23 be afforded the opportunity to cross-examine one of his 24 witnesses.
Am-Feoerd Reporters, Inc.
, j 25 I think it has been made cl. ear in earlier proceeding's l
451
- 7 2-SueW I what BPI's role is in this particular matter concerning the 2
emergency planning contention. While our resources are limiteci 3
and we were not able to provide Ms. Rorem with representation 4
by counsel, she has on occasion asked us for advice with 5
respect to legal matters and NRC procedural rules and such.
6 And to the extent that we could, we have provided !
7 her that assistance. Today, I am here not to assume a role i 8
as a cross-examiner nor to argue on Ms. Rorem's behalf with 9
respect to this motion but simply to advise her with respect 10 to NRC procedures and with respect to the law in the event that she needs it.
12 And that's simply my role here. I was implicated 13 with respect to the subpoena motion. And just let me say I#
what I know with respect to that motion so it's clear.
15 I was contacted by Ms. Rorem on Thursday. She 16 asked me -- she had talked to some School Board personnel who ,
I7 were in charge of the buses who had told her that he knew IO nothing about the emergency planning contention and the fact 19 that they would utilize school buses.
20 So, because of that she reserved the vote to ask 21 these other people who were supplied with the responsibility 22 for public information, these other County officials, and she 23 wanted to know how in fact she could bring them in to question S 24 Am F;.serd Reporters, Inc. them about their lack of knowledge with respect to the public i l
25 information in the emergency planning brochure, the emergency l l
i
I l
l 452 l
- 7-13-SueW l plan.
l 2
And I told her that could be acccmplished by way l l
3 of subpoena and that it's ve y late at this point, and that I
4 she should make any attempt that she could to contact you '
5 right away in order to facilitate such a process. And that 6 was my whole role in this question of subpoenaes. l 7 And that occurred on Thursday, and she tried to 8 call you on Friday.
9 JUDGE GROSSMAN: Thank you, Mr. Wright.
10 (The Board members are conferring.)
END #7 II Joe flws 12 13 14 '
15 16 17 18 19 20 21 22 23
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nF:. ,j Reporters, Inc.
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8-1-Jo;Wal 453 !
I MR. GROSSMAN: We will' hold with our ruling on 2 this matter that while it is not late for subpoenas for 3 hearing, it is late for new witnesses and prefiling of I
4 testimony, or whatever other notice is required for the 5 parties and the Board to know of the nature of the testimony .
6 that is going to be presented.
7 So, with that I think we can finally get to Mr.
8 Gallo. No? I see Ms. Rorem has yet another matter that 9 is preliminary to our proceeding to the evidentiary stage.
10 MS. ROREM: Could I ask first when we are going 11 to break for lunch?
12 JUDGE GROSSMAN: Okay. I thought we were going 12 to administer the oath to the first witness and then break 14 for lunch, but whatever the parties have in the way of 15 suggestions, I would clearly like to cover all preliminary 16 matters first.
17 MS. ROREM: All preliminary matters?
18 JUDGE GROSSMAN: Yes.
19 MS. ROREM: Okay. I would like to make an 20 opening statement, but I would prefer to do that just because 21 of its place in things happening, to do that -- if we are 22 going to break -- to do that right after lunch and before 23 the swearing of Mr. Butterfield.
24 JUDGE GROSSMAN: Is that the only preliminary Ace-Federj Reporters, Inc.
25 matter that is left before we present the witnesses? Is
454 8-2-Jo Wal i
- 1 there any other that Mr. Gallo has?
\ l l 2 MR. GALLO: I have no preliminary matters, Your i
3 Honor, but I would object to whatever this opening statement l
i 4 is by way of a limited appearance. It is improper procedure.
i 5 If you want to hear argument on that now or later, ;
6 that is fine with me.
7 JUDGE GROSSMAN: Well, I believe the rules provide 8 for opening statements, at least in Appendix to the Part II 9 of the Rules. Mr. Treby is probably more familiar with that 10 than I am.
11 Do you wish to make a statement to address this 12 matter?
13 MR. TREBY: I think that the rules -- the Appendix 14 does make reference to an opening statement. I am not sure 15 whether that opening statement is at this point, or had 16 previously been made at the prehearing conference, but 17 certainly it is within the discretion of the Board to permit 18 any opening statements.
19 JUDGE GROSSMAN: Just for timing purposes , Ms.
20 Rorem, could you tell us about how long this opening statement 21 will be? ,
22 MS. ROREM: Three or four minutes.
23 JUDGE GROSSMAN: And I would certainly expect that 24 you would stay within the parameters of what we are hearing W-Federal Reporters, Inc.
25 today.
_ . = - _ _ .
455 4 8 "2-JoeWalsh MS. ROREM: Yes, Your Honor.
l 2 JUDGE GROSSMAN: Okay. Whv Son't we then take a l l
3 break for lunch, and why don't we return at 1:30? And we 4 will begin Ms. Rorem's opening statement and then we will 5 'have Mr. Gallo present his witness.
6 (Whereupon, the hearing is recessed at 12:15 p.m.,
l e i 7 to reconvene at 1:30 p.m., this same day.) l 1
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9 l l
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I A F T E. .R N .O O N-
-. S E .S S I.O N-y ,,/
2 (1:30 p.m.)
3 JUDGE GROSSMAN: We are back in session. The i
4 first order of business is the schedule on those motions.
5 Mr. Treby?
6 MR. TREBY: Yes. The parties have had a brief 7 opportunity to discuss this matter, and have not been able 8 to reach agreement.
9 I can advise the Board what the tentative 10 schedule was, and what the difficulty was if you would like 11 to haar that.
12 JUDGE GROSSMAN: Yes.
13 MR. TREBY: Use that as a starting point for 14 further discussions.
15 I would first read the proposed schedule that 16 has been agreed to by the Staff and the Applicant, and then 17 I will indicate what the disagreement was afterwards.
18 The schedule provided that on December 4, 1985, 19 the Applicants would make their filing as outlined by the 20 Board in the earlier session this morning.
21 On December the 19th, the Staff or FEMA, as it 22 would turn out, would make its filing. That filing would 23 be sent express mail to Mrs. Rorem so that she would receive 24 it on December 20th.
Ace-Federal Reporters, Inc.
25 Ms. Rorem would make her response on December 30th..
1
\; -
457 i 8-5-Jo:Wal fs 1 We provided ' for approximately twenty days for j
(_) !
2 the Board to make a ruling which *ould have the Board reaching l t
3 its ruling on January 20th, 1936.
4 Testimony would be due on both this matter and 5 also 1.B on February 3,1986, and we would go to hearing on 6 February 19th, 1986, on al] environmental preparedness 7 issues -- I am sorry, emergency preparedness issues.
8 (Laughter.)
9 JUDGE GROSSMAN: Are you going to send Ms. Rorem 10 -a Seasons Greetings on December 20th along with those filings..
11 It is obvious what the problem is.
12 MR. TREBY: No, I don't think it is. Your problem 13 was that Ms. Rorem wanted the Applicant rather than making 14 its filing on December 4th to make its filing on November 20th, 15 or whatever date it was -- I guess it is November the 20th, 16 the date which was previously mentioned.
17 The Applicant did not think that they would agree 18 to that date in view of the spread out nature of the schedule, 19 and that they also had other commitments and they would not 20 be able to do it earlier than December 4th.
21 JUDGE COLE: Is that with the thought in mind of 22 moving everything forward in that time period?
23 MS. ROREM: No. That was with the thought in
)
()
24 mind that I am given the most difficult time periods during Am-Federal Reporters. Inc.
25 which to.have to respond, and I indicated I am completely
8-6-JonWal 458 l i
l I tied up from six o' clock in the morning until eleven o' clock
~_-
2 at night, every single day between the 9th of December and ,
3 the 30th of December . i 4 I will find the time to respond to one, but I have i.
5 to have time before that to respond to the other. Unless the 6 Applicant files earlier, I am not able to do that.
7 MR. GALLO: I don't think Ms. Rorem anderstands 8 that she should file one filing after she receives the 9 Staff's filing.
10 MS. ROREM: I do understand that, but I need --
11 I am talking about from my own personal ability to know what 12 is going on.
13 (Board confers.)
14 JUDGE GROSSMAN: Mrs. Rorem, would the t'.h of 15 January be agreeable to you, --
16 MS. ROREM: Much better, yes; thank you.
17 JUDGE GROSSMAN: Why don't we adopt that schedule 18 then. Everything the same, except Mrs. Rorem's reply due 3n 19 the 6th of January.
20~ However, I -- January 20th date fo'r the Board is 21 the suggested date, and we will keep that suggestion in 22 mind.
23 Why don't we then set it. But I don't see that
\j 24 you have given any particular day on which you are going to h-FederJ Reporters. Inc.
25 meet to see if you can resolve these matters informally.
E 8-7-JonW 1 459 l
i g3 1 And I really think you ought to set that date, k_) i 2 or else it doesn't seem as though everything is all that !
i 3 amicable. '
4 MR. TREBY: I guess it was mi view that after t
5 we saw the Applicant's filing, which would I assume detail 6 those varions-p1' aces in the plan where each of the items 7 that were mentioned in her offer of proof were listed, 8 that having that information before us we could then get 9 on the~ telephone and see whether it would be fruitful to 10 arrange a date to discuss the matter further.
11 MR. GALLO: I would embrace the broad suggestion 12 that we agree on a date today. I am willing to meet with 13 Mrs. Rorem and the Staff any day after December 4th, in 14 December. '
15 JUDGE GROSSMAN: Well, it looks to me as though 16 December 26th would be a good time. I don't know. If the 17 24th or 25th are feasible' --
i 18 (Laughter.)
19 JUDGE GROSSMAN: Bit I would guess that the 26th, 20 on a Wednesday, wo'uld be a time to meet. You'should have a ,
21 week to dige.st the Staff's motion and considerably longer i i
22 than that for the Applicant's papers. l 23 So, why don' t you then set that tentatively. At O .
.\ ) ; 24 least a telephone conference on the 26th of December, and M-Federal Reporters, Inc.
i .
25 -with that -matter resolved, we can hear Mrs. Rorem's opening
. I i.
8-8-Jo Wal 460 I i
1 statement.
)
x-2 MS. ROREM. Judge Grossman, Judge Cole, Judge 3 Callahan. The effectiveness of the Applicant's public !
i 4 information and education programs are inadequate on their 5 face, and will be ineffective in their implementation. ;
6 The Braidwood brochure, even if it is judged 7 in isolation, fails to demonstrate effective compliance 8 with the ultimate reasonable assurance that the resident 9 and transient population of the Braidwood emergency 10 preparedness zone can be safety and effectively evacuated.
11 I intend to show that Applicant's program for 12 informing the public before an accident does not adequately 13 inform the public of what they are to do, or why they are to 14 do it.
15 Applicant's public information program consists 16 only of the omergency information brochure and its distri-17 1 bution and of annual press briefings.
18 The brochure assumes that those who are receiving 19 it are able to read it, and there are many of those who live 20 in that emergency' preparedness zone who are not able to read.
21 It assumes that'they will read it, and it assumes that they 22 will follow its instructions.
23 The brochure contains misinformation. The brochure 24 contains partial information which could be misleading and Am-Federal Reporters, Inc.
25 actually destructive in the ' event of an emergency.
I l
8-9-JonWal 461 (v 1 It does not include informatlun which would greatly!
c i~< ) .
I.
2 facilitate effective evacuation, or evacuation to be called ?
l 3 for. The distribution of the brochure shu *3 be accomplished l; I
4 in a more productive way. That is, by using mailing addresses.
t i'
5 rather than billing addresses.
6 There are people who rent and who do not receive 1
7 bills for the electricity they consume, and since the !
1 8 brochure is distributed on an annual basis, it does not cover l l
l I
9 those people who move into and out of the area if they do not 10 receive billing for their own electricity use.
II And the distribution of the brochure to transients 12 is again dependent upon not only their ability to read it ,
13 and their willingness to read it, but that they can and will 14 obtain it in time to utilize the information therein.
15 That is all I have to say.
16 JUDGE GROSSMAN: Thank you. Mr. Gallo, will you 17 present your first witness, please?
18 MR. GALLO: Thank you, Judge Grossman. As I 19 indicated, the witness we will call will be Mr. Lawrence D. -
20 Butterfield, Jr. , who will be sponsoring two ' pieces of 21 testimony; one submitted on September 20th, 1985, and a 22 supplemental piece of tertimony dealing with the media 23 aspect discussed in the Commission's regulations. That
,O
\, ,)' 24 supplementsi test'. mony was filed Octobe r 22, 1985, and Am-Fewd Reorwn, lm, !
25 Mr. Butterfield also will be sponsoring into evidence P.he si en a- u u
8-10-JonWal 462 l i
1 booklet that is the subject of this proceeding.
I 2 I handed out to the Board and to the parties r
3 a booklet that is colored pea green, I guess as the [
4 booklet that is being presently distributed to the !
5 residents in other locations within the ten mile emergency 6 planning zone.
7 The booklet that was distributed to the Board 8 and the parties was colored purple. And I can represent to 9 the Board that the most significant difference between that 10 version of the booklet and the booklet that I handed out today 4
11 is its color.
12 At this time, I would like to call Mr. B utterfield 13 to the stand.
14 JUDGE GROSSMAN: Mr. Butterfield, do you swear 15 to tell the truth --
16 MR. GALLO: No. I think those gentlemen are 17 reporters.
18 JUDGE GROSSMAN: Gh, skay. I see. I thought 19 you had your witness seated already.
20 WITNESS: Is this the witness stand?
21 JUDGE GROSSMAN: Yes, it is. I thought you 22 were using the other one. It is about time the reporters 23 were sworn to tell the truth.
24 (Laughter.)
h-Federal Reporters, Inc.
25 JUDGE GROSSMAN: Mr. Butterfield, will you raise
i 8-ll-JozWal l
463
,2q j your right hand? ,
(v) Whereupon, 2
3 LAWRENCE D. BUTTERFIELD, JR.,
4 was called as a witness, and having first been previously 5 sworn by Judge Grossman, testifies as follows:
lXX.INDEX 6 DIRECT EXAMINATION 7 BY MR. GALLO:
8 Q Mr. Butterfield, will you state your full name 9 . and address for the record, please?
10 A My name is Lawrence D. Butterfield, Jr., and 11 I reside at 25 South Wright Street, Napierville, Illinois, 12 Q Mr. Butterfield, did you have occasion to prepare 13 testimony.for this proceeding in connection with Rorem 14 Contention 1.A?
15 A Yes, I did.
16 Q Mr. Butterfield, I show you a document entitled, 17 Testimony of Lawrence D. 'Butterfield, Jr. , Concerning 18 Contention 1.A, with the date in the right hand corner at 19 the top of the page of September 20, 1985, and also a
-20 document entitled' Supplemental Testimony of Lawrence D.
21 Butterfield ,cn1 Rorem Contention 1.A., dated in the same 22 right hand corner October 22, 1985, and ask if this is the 23 testimony you prepared for this proceeding?
(' ) 24
' a FederJ Reporters, Inc.
A Yes, it is.
25 Q Are there any add'itions or corrections to the
8-12-Jo'2Wal i I
464 i
- 1 testimony?
's._./ i 2 A There is one typographical error in the 3 document dated 9/20, on page 4. The fifth line down, I
4 where the word, ' liaison' is misspelled.
5 Q Su tject to that correction, is the testimony of 6 September 20, and the supplemental testimony accurate and 7 correct to the best of your knowledge and belief?
8 A It is.
End 8. 9 MS fols.
10 l
11 12 13 14 15 16 17 18 19 20 21 22 23 24 c-FederJ Reporters, Inc.
25
i
} 465-A 1
Sim (2'-l 1 Q Mr. Butterfield, I show you a booklet entitled
2 " Emergency Information - Braidwood," and ask if this is 3 the booklet that is being distributed in the Braidwood 4 Emergency Planning Zone for the plume exposure pathway?
5 A Yes, it is.
6 Q Was that booklet prepared under your supervision 7 and direction?
8 A It was under my supervision and direction in 9 cooperation with the State of Illinois.
10 0 Is it accurate and complete, to the best of your 11 knowledge and belief?
12 A Yes, it is.
13 MR. GALLO: Your Honor, at this time I would like 14 j
to move into evidence -- can we go off the record, please?
15 JUDGE GROSSMAN: Off the record.
16 (Discussion off the record.)
17 JUDGE GROSSMAN: Back on the record.
18 MR. GALLO: During the off-the-record discussion 19 it was the preference of the parties and the Board that 20 the testimony of Mr. Butterfield be bound into the record 21 as if read, but that the emergency planning booklet be marked 22 as an exhibit.
23 So at this time I would like to mark as Applicant's
[ ,
24 Emergency Planning Exhibit No. 1 the booklet I have previously Ace-L..._j Reporters, Inc.
25 described and as has been testified to by Mr. Butterfield.
465-B Sim 12-2' j JUDGE GROSSMAN: Any objections, Ms. Rorem?
- s. .
._\ 2 MS. ROREM: No.
3 JUDGE GROSSMAN:- Admitted, both the testimony and the booklet ..
4 (The document referred to was marked 5 Applicant's Emergency Planning 6 Exhibit No. 1 for identification and 7 admitted into evidence.)
- INDEX. 8 (The testimony of Lawrence D. Butterfield follows
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V UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of _ )
)
COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-456
) 50-457 (Braidwood Station Units 1 and 2) )
TESTIMONY OF LAWRENCE D. BUTTERFIELD, JR.
CONCERNING CONTENTION 1(a) 0.1. State your name, employer and business address.
A.1. My name is Lawrence D. Butterfield, Jr. I am employed by Commonwealth Edison Company. My business address is Commonwealth Edison Company, Nuclear Services Technical Department, P.O. Box 767, Chicago, Illinois 60690.
Q.2. What is your position with Commonwealth Edison Company?
A.2. I am the manager of the Nuc' lear Services Technical Department.
Q.3. What are your duties.and responsibilities in this posi-tion?
A.3. I am responsible for the management of the three groups within my Department that provide services to the Company's nuclear power generating stations. These are the Emergency O .
l l
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l Planning, Chemistry and Radwaste Services, and Station Support Services groups.
The Emergency Planning Group is responsible for the development, maintenanc,e and modification of the Company's on-site emergency plans for its nuclear power plants, and for the development of plans and schedules for the emergency planning drills with State and local government agencies. The Group also works with State and local agencies to develop, modify and implement their emergency plans. The Emergency Planning Group's activities include day-to-day contact with state and local officials as well t
as individuals residing in the plume exposure pathway Emergency Planning Zones ("EPZ") surrounding the I
company's nuclear power reactors.
I participate with the Emergency Planning Group by taking part in various emergency drills both within Commonwealth Edison Company facilities and at'various
- state and local facilities. I am involved in decisions relating to significant. aspects of the emergency planning issues as they evolve. For ex, ample, with respect to emergency planning for Braidwood and the other stations, I am participating in discussions with State officials for the purpose of reconciling various views on the appropriate redesign and modification of the Joinu Public n
4 \ Information Centers.
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Q.4. Please state your educational background.
A.4. I.have a Bachelor's Degree in Electrical Engineering and a Master's Degree in Nuclear Engineering, both from the Un'iversity-of Florida. I am also a Registered Profes-sional Engineer in the State of Illinois.
Q.5. Please state your previous work experience.
A.S. Shortly after receiving my Master's Degree in Nuclear Engineering, I joined Commonwealth Edison Company as a member of the Technical Staff at Dresden Station. I have !
been with Commonwealth Edison about nineteen years.
During that time, I have had assignments at Dresden
. Station as Administrative Assistant to the.Superin-tendent, a Supervisor of Engineering Analysis in the Nuclear Fuel Services Department, an Engineer in the Nuclear Licensing Department and a Section Engineer in the Station Nuclear Engineering Department. I assumed my present position in June 1984.
I have been involved in emergency planning for nuclear power plants for at least the last six years.
~
-The Company's employees are trained for and perform
'special assignments in the event of an emergency at a nuclear power: plant. I have. received training for various positions, including Technical Support Manager,
- Engineering Director, and Intelligence Director. I have participated also in at least one drill / exercise a year 3 -
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- __ . _ . . . . , ~ ._ _ . _ _ . _ . -. _
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O for about the last six years and I have been a controller at other exercises. Recently, I served as the news liaison and liaison between the Company and State and local organizatioDs. It was my responsibility in the news liason position to obtain the technical information about accident conditions from the Company's engineers and relate that information in laymen's terms and in an accurate manner to the news information officials who represent the Company and the State.
.Q.6. What is the purpose of your testimony?
A.6. My testimony addresses Ms. Rorem's Contention 1(a), which
.D d states:.
Intervenor-contends that an adequate emergency plan for the Braidwood Station should include the following:
(a) A program to periodically inform the public within the plume. exposure pathway Emergency Planning Zone (EPZ) on how they will be notified and what their initial actions should be in the event of a radiological emergency originating at the station.
Q.7. What ir your understanding of the Contention?
A.7. The Contention chall'enges the emergency plan for Braidwood Stat, ion'in two ways. First, it suggests that the write-up in the plan describing the various aspects of the requirement for a program to inform the public in
. (~ the plume exposure pathway Emergency Planning Zone L
("EPZ") is inadequate. Second,, the contention questions 4 -
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the adequacy of the implementation of th'e program.
The Contention speaks of the "Braidwood emergency plan". The plan being referred to is in fact two plans.
One plan, called the " Generating Stations Emergency Plan"
("GSEP"), is Commonwealth Edison's site emergency plan.
This plan contains general information applicable to all of the Company's nuclear power plants. Site-specific information is provided in the Braidwood Annex to the GSEP. The other plan is the State of Illinois emergency y plan which includes, among other things, emergency plans
- for the counties in the plume exposure pathway EPZ. This plan is called the " Illinois Plan for Radiological O
L A.) Accidents" ("IPRA"). Volume I of the IPRA cont'ains generic information. The remaining volumes contain l , information specific to a particular nuclear power i-
[
station. The Braidwood site-specific information is L
l found in Volume VII and the Standard Operating Procedures l
-for Volume VII.
Both-the Company's plan and the State's plan address L the standard referred to in Ms. Rorem's Contention, that is, that information be provided in advance of 'an emergency situatio'n informing the public in the plume exposure pathway EPZ of the means of notification in the even't of a nuclear emergency and what their initial
- js h% actions should be. The pertinent provisions of these plans are attached to my testimony as Attachment A.
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Q.8. What is the genesis of the standard you just mentioned?
A.8. The regulations and implementing guidance issued by the
.U.S. Nuclear Regulatory Commission ~and the Federal P ' Emergency'Managemant, Agency require that information be provided to the public-in the plume exposure pathway EPZ in advance of an emergency to inform them of how they will be. notified of such an emergency and what their initial actions should be. This requirement is incor-porated as a standard in 10 C.F.R. S 50.47 (b) (7) of the NRC's regulations. I understand that FEMA has similar regulations. Implementing guidance is found in a NRC document called "NUREG-C654." Both agencies use this guidance for reviewing and-determining the acceptability of on-site and off-site plans for nuclear power plants.
The guidance that is pertinent to the standard in ques-tion is found in paragraphs 1.-and 2. on pages 49 and 50 of NUREG-654.
- Q.9. Have you examined the on-site and off-site emergency O
plans for Braidwood Station to determine if the write-ups that address the standard found in section 50.4'7 (b) (7) are adequate? ,
A.9. Yes. It is my judgment that together the statements as set forth in the portions of the plans attached to my j ' testimony are a responsive and adequate characterization i of the standard found in the NEC's regulations and implementing guidance.
6 -
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It should be noted that the Company expects two revisions to these sections of the plans. First, the Braidwood Annex to GSEP incorrectly states that Braidwood emergency information Booklets will be mailed to public facilities for purposes of making them available to trancients. The Braidwood Annex will be revised to state that the Braidwood emergency information Booklet will be distributed by hand delivery to public facilities where it can be made available to transients in the plume exposure pathway EPZ.
Second, the State's plan indicates that the Braidwood emergency information Booklet should include information on respiratory protection. As I explain in my answer to question 13, such information will not be included in the Booklet. Commonwealth Edison Company has brought this m <r to the State's attention and has requested that the State's plan delete this requirement.
Q.10. How is the standard specified iri the NRC's regulations and embodied in the Braidwood emergency plans implemented?
A.10. The standard is met by disseminating information to persons in the plume exposure pathway EPZ at Braidwood.
The principal method for accomplishing this task is the publication and distribution of the Booklet referred to
- 7 -
1
,' ,Y W (I
previously in my testimony. The Booklet is entitled
" Emergency Information - Braidwood." Other m'eans of communication to supplement the Booklet are being con-sidered in. cooperation with the-State.
- A. copy of the Booklet was provided to the Licensing.
' Board and the parties on August 13, 1985. I will tua sponsoring ~a revised version during the hearings.- The i
4 revisions are explained in my answer to question 12
- . below. With the exception of revising the map in Section
'4, we intend to publish this version as the final product.
Q.11. .What kind of emergency information is contained in the 5
s_/ Braidwcod emergency information Booklet?
.A.11. The. Booklet provides the appropriate information sug-gested by paragraph 1. on page 49 of NUREG-0654. The format for-this Booklet has been developed and refined for each'of Commonwealth Edison's nuclear stations'to
-account for site-specific matters, such as,. maps, Emergency Broadcast System ~ ("EBS") -radio stations , evac-uation routes, shelter locations; and take-along items, such as, valuables and medications.
Section 1.of'the Booklet describes the siren that will be used as a chanism to notify the public of an emergency. It states that the public should respond to
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the siren signal by tuning to specified EBS radio stations.
In Section 2 of the Booklet, there is a discussion of the steps to be followed to enhance personal safety if sheltering-is recommended as a protective action. The requirement to provide information on what to do, where to go, and how to get there if evacuation of the Braidwood Station plume exposure pathway EPZ is recommended, is discussed in Sections 3 and 4 of the Booklet. This information includes a checklist, map of evacuation routes, shelter-locations-and EBS radio station fre-quencies.
~
Some sensible ideas on ways to prepare for any-Dy k_/ emergency are covered in section 5. As emergencies take many forms, this information is of good general-use. A discussion of the coordinated approach to emergency planning by the state and local agencies as well as by Commonwealth Edison is' presented in Section 6. Telephone
-numbers and addresses where additional information may be obtained are also included.
A general description of how a nuclear power plant functions and produces radiation is presented in Section
- 7. The information complements and facilitates under-standing of Section 8, which contains an elementary ,
discussion of radiation, and how it is measured. Finally, the opportunity for~ persons who received the Booklet to make the State and local officials aware of any special 9 _
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needs required to adequately respond to an emergency is provided in Section 9.
Q.12. Have any revisions.been made to the Booklet since it was provided to the Board and parties on August 13, 1985?
A.12. Beyond the on-going revisions to the map in Section 4 of the Booklet, three items have been added. A statement has been added to Sections 2 and 3 that provides recommendations about what to do with farm animals in the event that sheltering or evacuation is recommended.
Section 3 has been revised to inform persons that Re-location Centers will not allow pets. A note has been 7-)
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t added to Section 4 to indicate that relocation centers at a destination city will be specified by messages released through the local radio stations. More specific informa-tion about relocation centers cannot be stated in the Booklet because multiple relocation centers exist for each city identified in Section 4, and not all of the locations will be activated during an emergency. The choice of the centers will be determined by State and other agencies at the time of evacuation.
Q.13. Have all of the topics _concerning protective actions in paragraph 1 at page 49 of NUREG-0654 been addressed in A
4 the Booklet?
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A.13. No. The use of radioprotective drugs and respiratory protection has not been addressed in the Booklet. The distribution and use of radioprotective drugs for emer-gency planning pugposes is controlled by the State of Illinois. The State has decided that such drugs will be i
distributed only to workers involved in responding to the-emergency and to facilities within the plume exposure pathway EPZ which house individuals that may not be capable of timely evacuation, such as nursing homes.
Since the State does not plan to provide such drugs to the general public, information about radio protective drugs is not needed in the Booklet.
D
(_,/ The use of respiratory protection is not considered i to be useful during evacuation as it might hinder a person's ability to respond. effectively and, in any event, evacuation would be recommended before respiratory protection would be required. For the case where shel-tering is recommended, the State would perform an eval-uation of the situation and make any recommendation for respiratory protection by messages over the local radio stations mentioned in the Booklet. For these reasons, informatic.. about respiratory protection is.not needed in the Booklet.
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Q.14. How will the Booklet be. distributed to residents of the plume exposure pathway EPZ? -
A.14. 'The-Braidwood Station public information Booklet will be mailed to all residential and commerciaF customers of Commonwealth Edison Company within the Braidwood Station plume exposure pathway EPZ. -A complete mailing list of Commonwealth Edison Company's customers in the plume exposure pathway EPZ, will be developed from its Customer Information System (CIS). A Booklet will be mailed to every address on the list developed from the CIS. The list will be updated for each subsequent mail distribution of the Booklet,
(_m),
Booklets will_also be mailed to persons residing on the site of the Joliet Army Ammunitions Plant who are not direct customers of Commonwealth Edison Company. Common-wealth Edison Company has developed a list of the ad-dresses of the residents there and will mail booklets to them concurrently with the mailing to its direct custom-ers.
This mail distribution of the Booklet-will occur annually. The first' distribution will take pla'ce in conjunction with the Braidwood S'tation emergency exercise scheduled for November, 1985, and thereafter each January or February'beginning in 1987.
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N o Q.15. Are any other measures taken to distribute Booklets to persons within the plume exposure pathway EPZ?
A.15. Yes. Concurrent with the annual mail distribution, multiple copies of the Booklet will be delivered to major employers, schools, health care facilities and senior citizen centers. Commonwealth Edison Company personnel will work with responsible individuals from each such facility to ensure distribution of the Booklet to facili-4 ty members. The current list of these facilities is attached as Attachment B. Special attention will be paid during subsequent distributions of the Booklet to update g- Attachment B. .
A l Q.16. How is the information contained in the Booklet brought to the attention of the transient population that might be temporarily located in the EPZ?
A.16. For transients, the program is based on providing multi-ple copies of the Booklet to the persons in charge cf the facilities catering to transients and discussing with the persons in charge the importance of having the Booklet available. The current list identifying parks, camps',
recreational areas and motels is attached as Attachment C.- .Special attention,will be paid during subsequent distributions to update Attachment C.
The distribution of the Booklet-to these locations will-occur concurrently with the annual rsil distribution.
In addition, distribution will again be made each May or 13 -
. June to assure that the Booklets are available for the summer months.
In order to provide additional awareness of the potential for an gmergency and what a transient's initial response should be, Commonwealth Edison Company is undertaking discussions with the appropriate State authorities to develop a sign which could be placed in State recreational areas frequented by transients. The sign will contain the follcwing information in substantially the following language:
If you hear a siren continuing for 3 minutes or more, please tune to radio stations 1340 AM or 96.7 FM for instructions.
If this concept is accepted by the State, commonwealth
-Edison Company will discuss with private camp and recre-ational area operators the placement of these signs in their areas.
In addition, The Braidwood Station Prompt Public Notification System in and about most public recreational areas located in the plume exposure pathway EPZ at Braidwood has been equipped with a public address ca-pability. ~ Announcements over the public address system would follow the siren to alert transients in the recrea-tional areas to tune in the EBS radio stations for
. additional information.
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l BUTTERFIELD TESTIMONY ATTACHMENT A SECTIONS FROM:
- COMMONWEALTH EDISON COMPANY'S GENERATING STATIONS EMERGENCY PLAN & BRAIDWOOD STATION ANNEX
- ILLINOIS PLAN FOR RADIOLOGICAL 0 ACCIDENTS VOLUME I - GENERAL PLAN VOLUME VII - BRAIDWOOD VOLUME VIII - BRAIDWOOD - STANDARD OPERATING PROCEDURES 9 .
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The State. of Illinois, the operating utility and affected county governments are ccmmitted to distributing an informational
. booklet- on an - annual. basis. The public information booklet,
- " Emergency Information", will ce distributed to the public residing within the 10-mile EPZ and will adoress how the public will be -
notified and what their actions should be in an emergency.
The public information brochure will i nclude instructions on i how to obtain additional information , instructions to follow if take shelter or evacuation is recommended, educational information concerning radiation and respiratory protection, a map of major evacuation routes and a list of communities which are likely to serve as host shelter areas.
The public infcrmation booklets are also used to identify persons in each nuciear power station EPZ who have special concerns related to tho;r ability to follow protective actions which may be recs;r nended. These special concerns include hearing and walking difficul ties , transportation problems and special medical needs.
Each public information booklet contains a self-addressed, stamped y business reply card which is to be completed and returned to IESDA by the recipiant of the booklet :f that recipient has any of special concerns indicated on the card..
In addition to a direct mailing, the public information booklet will be available at area hotels and motels, recreational areas, schools, industries, health care facilities, public librar-ies, local ESDA offices and local utility offices.
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Public Infonnation o 06/85 U
C. Public Education The State of Illinois, the operating utility and affected county governments are committed to distributing an infonnational booklet- on an annual basis. The public information booklet,
" Emergency Information", will be distributed to t.1e public residing within the 10-mile EPZ and will adcress how the public will be -
notified and what their actions should be in an emergency. .
The public information bro.chure will include instructions on how to cotain additional information, instructions to folicw if take shelter or evacuation is recommended, educational infomation concerning radiation and respiratory protection, a map of major evacuation routes and a list of communities which are likely to serve as host shelter areas.
The public information booklets are also used to identify persons in each nuclear power station EPZ who have special concerns related to their ability to follow protective actions which may be recomended. These special concerns include hearing and walking difficulties, transportation problems and special medical needs.
Each public information booklet contains a self-addressed, stamped 8 business reply card which is to be completed and returned to IESDA by the recipient of the booklet if that recipient has any of special concerns indicated on the card.-
In addition to a direct mailing, the public information booklet will be available at area hotels and motels, recreational areas, schools, industries, health care facilities, public librar-ies, local ESDA offices and local utility offices.
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PRELIMINARY .
B 9AIDWOOD O- Vo ume Vil O .
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O FOR INFORMATidN ONLY ILLINCIS PLAN FOR RADIOLOGICAL ACCIDENT 5 - BRAICWC00 i
CHAPTER 2 GRUNDY COUNTY EASIC PLAN PRELIMINARY
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REV. O, 08/85 SUEMITTED- -
DATE: e 7 / o /tr li5DA p -
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4 APPROVED: (M DATE:
d ~2 ' / 7 $'[
C#uncy County i30A
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erune z c=untz 08/85 FOR INFORMATION ONLY K. Public Information Censiderations *
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Public Information Socklet -
As a collective effort between the STATE OF ILLINGIS, tne operating utility and affected county governments, an informational booklet (See Vol. I, Ch. S) will be '
distributed on an annual basis to the public residing within the 10-mile E.:Z of the SRAID' WOOD ST; TION. The booklet will address how the public will be notified and what their actions shculd be in an emergency, including the folicwing information: instructions en l
l how to obtain additional information, wnat to co if a take shelter recuest is given, what to do if an evacuation recuest is given, educational infer =atien- concerr.ing radiation and resoiratory
, t
^' protection, a maa of major evacuatien routes and a list of commu-l nities likely to serve as host shelter areas.
In addition to a direct mailing, the bcoklet will be available at area hotels and motels, recreational areas, schools, industries, health care and nursing facilities, public libraries, local ESDA offices and. local tility offices (See Vol. I, Ch. 8).
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FOR INFORMATION CMI.Y .
ILLIN0IS PLAN FOR RADIOLOGICAL ACCIDENTS - SRAIDWCOD CHAPTER 3 WILL COUNTY BASIC PLAN PRELIMINARY O aEv. O 08 8s t
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d APPROVED: ,_ d . / ATE: [ /T -[1 igo y esoA v//r
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> OATE: e7 SUBMITTED- e
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(o/ Will County 0s/88 FOR INFORMATION ONLY K. Public Infomation Ccnsideratiens
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Public Information Booklet - As a cellective effort bet,.een the STATE OF iLLINOI5, One operating utility and affected county governments, an informational booklet (See Vol. I, Ch. 8) will be distributed on an annual basis to the public residing within the 10-mile EPZ of the SRAIDWOOD STATION. The booklet will address how the public will be notified and what their actions should be in an emergency, including the following information: instructicns en how to obtain acditional infcrmation, what to do if a take shelter recuest is given, what to do if an evacuation recuest is given, educational information cencerning radiation anc resoiratory protecticn, a mac of major evacuation ecutes and a list of c:mmu-la nities likely to serve as host shelter areas.
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In addition to a direct mailing, the booklet will be available at area hotels and motels, recreational areas, schools, industries, health care and nursing facilities, public libraries, local ESCA offices and local utility offices (See Vol . I, Ch. 8).
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FOR INFORMATION ONLY t LLLINOIS PLAN FOR RADIOLOGICAL ACCIDENTS - BRAIDWOOD CHAPTE9 i XANXAXEE COUNTY BASIC PLAN PRELIMINARY REV. O, 08/85 4
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O A,Rm a L 9h a qm. J79s an m e. cann e s 9
() FOR INFORMATION ONLY Kankakee county 08/8" I
K. Public Infomation Consideratiens -
Public Infomation Eacklet - As a collective effort between the STATE OF ILLINOIS, tne acerating utility and affected county governments, an infomational booklet (See Vol . I, Ch. 8) will be distributed on an annual basis to the public residing within the 10-mile EFI of the Braidwood S ta tien . The backlet will adcress how the public will be notified and what their actions should be in an emergency, including the following infornation: instructions on how to obtain additional infomation, what to do if a take sheiter recuest is given, what to do if an evacuatfon request is g1ven, educational information concerning radiation and resairatory protection, a mac of major evacuation routes and a list of commu-O
\ nities likely to serve as host shelter areas.
In addition to a direct mailing, the booklet wil'1 b'e available at area ho els and motels, recreational areas, schools, industries, health care ar.d nursing facilities, public libraries, local ESDA offices and local utility offices (See VoT. I, Ch. 8).
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1 O ILLINOIS PLAN FOR RADIOLOGICAL ACCIDENTS (lPRA)
BRAIDWOOD VOL. Vil y
i O STANDARD OPERATING PROCEDURES -
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ILLINDIS PLAN FOR RADIOLOGICAL ACCIDENTS - BRAIDWOOD STANDARD OPERATING PROCEDURE BRAIDWOOD STATION EPZ PUBLIC INFORMATION BOOKLET (PIB) CARDS MAINTENANCE
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O 7-SOP-12 REV. O, 08/85 (Preliminary) l l-APPROVED: A DATE: 0-) /I'TT Vuncy Ccunt/ ~. P APPROVE
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7-5 FOR NFORMATION ONLY
() Page 1 of 4 BRAIDWOOD STATION EPZ PUBLIC INFORMATION B00XLET'(FIB)
CARDS MAINTENANCE 1.0. PURP.0SE 1.1 This procedure provides guidelines for maintaining the Public Information Booklet (PIB) Cards and developing a list of Mobility Impaired Individuals within the Braidwood Station EPZ reouiring transportation assistance during an evacuation of the Braidwood Station EPZ.
2.0 APPLICABILITY 2.1 This procedure is appli' cable to the Grundy, Will and Kankakee County ESDA Coordinators.
2.2 This procedure provides for the maintenance of the CIS Cards
. and for the develocment of the Grundy/Will/Xankakee County Mobility Impaired Transportation List which will be updated on an annual basis by the Grundy, Will and Xankakee County ESDA O Coordinators, in conjunction with the annual distribution of the Public Information Booklet by Illinois Emergency Services and Disaster Agency (IESCA).
3.0 RESPONSIBILITIES V
3.1 Grundy/Will/Kankakee County ESDA Coordinator A. Initial implementation of 7-50P-12. "Braidwood Station EPI Public Information Booklet Cards Maintenance".
- 8. On an annual basis, implement 7-50P-12 to maintain the PIB Cards and to update the Mooility Impaired Transportation List.
C. Retain the Mobility Imoaired Transportation List in a secure manner in order to ensure its ccnfidentiality.
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7-5 FOR NFORMATION ONLY -g f; Page 3 of a
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- 5. Ccmolete the aoprocriate attachment with the -
information obtained in Steps 1 througn 4 above.
Attachment A, "Grundy County Mobility Impaired Transportation List for the Braidwood Station" .
Attachment B, "Will County Mobility Impaired Transisartation List for the Braidwood Station" Attachment C, "Xankakee County Mobility Im-paired Transportation List for the Braidwood Station" E. Infom those individuals who require transportation and are independent of special needs, of the following:
Tune your radio to WJOL (1340 AM) or WLLI (96.7 FM) (also WC5J (1550 AM) or WCSJ (104.7 FM) in Grundy County) after hearing a siren or signal indicating an emergency situa-
- tion . In the event an evacuation of your community is recommended, the radio message will indicate a point of assembly to board a school bus for transportation from I
O the affected area. If you live outside the community d which is being evacuated, call the telephone number provided on your radio for transportation to the point of assembly.
F. If unable to contact an individual by phone after attempts at different times throughout the day and evening, send a letter in the fonnat outlined in Attachment 0, "Special Concern Information Letter".
4.2 Maintenance of the Public Information Booklet. Cards and Uqdate of the Mobility Impaired Transportation List.
A. Collect cards from IESOA on an annual basis.
B. Repeat Section 4.1, Steps B, C, D E and F for all newly
- received PIB Cards.
C. Compare the PIB Cards, indicating special needs, with the existing' Mobility Impaired Transportation List.
- 1. If the individual is presently on the Mobility Impaired Transportation List, ensure that the information contained presently on the list is correct, in accordance i
/7 with Section 4.1.0. If the information is inaccurate. l V update the list, as appropriate. !
- 2. If there are -indivicuals on the Mobility Imoaired Trans-portation List wna did not respond with a FIB card, follow Section a.1.0. Confim infonnation presently .cn the. Mobility Imoaired Transoortation List is still accurate (i.e. situation improves, situation worsens, emRhlstJL
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FOR NFORMATION ONLY 08/85
(';
'V Attacnment 0 Page 1 of 2 SPECIAL CONCERN INFORMATION LETTER 5
Date .
Dear (Name),
O A few months ago an Emergency Information Booklet, in regard to the Braidwood U Station, was sent to your home. This booklet exclains the plans which have been developed for your safety in the event of a serious accident at the Braidwood Station.
In response to this booklet, you indicated that you or someone in your house-hold, has special needs that may be important during an emergency. Efforts have been made to discuss your special concerns by an Emergency Planning Representative, but we have been unable to reach you. Please call me (col-lect) to discuss your needs at (Phone) or ccmplete the attacned questionnaire and mail the questionnaire in tne provided envelope. Your cooperation is appreciated.
Sincerely, (Name).
ESCA Coordinator 4
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ATTACHMENT B SCHOOLS, MAJOR EMPLOYERS AND HEALTH CARE FACILITIES WITHIN THE EMERGENCY PLANNING ZONE Schools
- 1. Braidwood Grade School ;
- 2. Braidwood Middle School 3.. Reed-Custer High School
- 4. Braceville Grade School
- 5. Coal City Elementary School
- 6. - Coal City Middle School
- 7. Coal City High School .
- 8. Essex Elementary School
- 9. South Wilmington Consolidated Elementary
- 10. Gardner Elementary School
- 11. Gardner-South Wilmington Township High School i
- 12. Custer Park Elementary School
- 13. Bruning Elementary School
- 14. L.J. Stevens Middle School
- 15. Wilmington High School
- 16. St. Rose School ,
- 17. Booth Central School
- 18. United Methodist Day Care Center i
- 19. Grace Lutheran Church Pre-School ,
t
- 20. Reddick High School
- 21. Reddick Elementary [
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l SCHOOLS, MAJOR EMPLOYERS AND HEALTH CARE FACILITIES WITHIN THE EMERGENCY PLANNING ZONE (continued from page one)
Schools l
- 22. Mazon Elementary /Jr. High School
- 23. Mazon-Verona-Kinsman High School Maior Employers
- 24. DeMert & Daugherty, Inc.
- 25. Personal. Products Co.
d
- 26. Braidwood Station - Unit 1 Operation
- 27. Brownie Special Products Co.
- 28. Production Training Center
- 29. Tammen Treeberry Farm
- 30. Operator Training Services General' Electric Company
- 31. Morris Operation General Electric Company
- 32. Indicator Lites, Inc.
- 33. Precision Components, Inc.
- 34. Bowers Siemon Chemical Company
- 35. E.W.R., Inc.
- 36. Witt and Associates
- 37. Collins Generating Station
- 38. Coils, Inc. -
- 39. Uniroyal-Joliet Army Ammunitions Plant
- 40. Honeywell ,
() 41. AP Green Refractories Company e
,- 2 -
O SCHOOLS MAJOR EMPLOYERS AND HEALTH CARE FACILITIES WITHIN THE EMERGENCY PLANNING ZONE (continued from page two)
Health Care Facilities
- 42. Campbell House Senior Center
- 43. Royal Willow Nursing Care Center l
- 44. Southeastern Grundy County Senior Citizen Center l
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ATTACHMENT C CAMPS, RECREATION AREAS AND MOTELS WITHIN THE EMERGENCY PLANNING ZONE Facility Name
- 1. Des-Plaines Conservation Area
- 2. Goose Lake Prairie State Park
- 3. Kankakee River State Park
- 4. Chicago Beagle Club
- 5. Braidwood Recreation Club
- 6. South Wilmington Sportsmen's Club 1
- 7. Area el Outdoor Club !
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(_/ 8. Wilmington Recreation Club
- 9. Ponderosa Sportsmen's Club l 10. South Wilmington Firemen's Beach and Park Club i
- 11. Will County Sportsmen's Club
- 12. Fossil Rock Recreation Club,
- 13. Ceco Employee's Recreation Association
- 14. Coal City Area Club
- 15. Dresden Lakes Fishing Kamp
- 16. Rainbow Council Reservation Boy Scouts of America r
- 17. Goose Lake Association f I
- 18. Lake Point Club i
- 19. J.Y.C. Marina l 20. Braidwood Fairways Golf Course
- 21. Wilmington Island Park Districe L
, - - - . . - , _ _ _ , . . ~ . _ _ _ _ _ _ _
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CAMPS, RECREATION AREAS AND MOTELS WITHIN THE EMERGENCY PLANNING ZONE (continued from page one)
Facility Name .
- 22. Isaac Walton League l
- 23. Ponderosa Camping Area t
i 24. Sun Recreation Club i
- 25. Joilet Braidwood Hunting Club l
- 26. Braidwood Dunes and Savannah Forest Preserve
! 27. Forsythe Woods i
- 28. Crew's Nest Club
- 29. New Lenox Sportsmen's Club and Recreation
() 30. Godley Park District
- 31. Murphy's Motel
- 32. Rossi's Motel
- 33. Sands Motel ,
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- 34. Braidwood Inn Motel !
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5 10/22/85 UNITED STATES OF AMERICA
^' NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-456
) 50-457 (Draidwood Station Units 1 )
and 2)
SUPPLEMENTAL TESTIMONY OF LAWRENCE D. DUTTERFIELD ON ROREM CONTENTION 1(a) 0.17. What is the purpose of this supplemental testimony?
A.17. The purpose of this supplemental testimony is to address g the advancu arrangements established for the dissemination of information to representatives of the news media in the event of an emergency.
Q.18. What regulatory provisions establish the standard for this activity?
A.10. The regulatory standard in part of 10 C.F.R. 550.47 (b) (7) ,
namely the provisions which states
... the principal pointo of contact with the news media for diosemination of infor-mation during an emergency (including the physical location or locations) are entablished in advance, and proceduren for coordinated dissemination of information to the public are established.
Implementing guidance for this standard is fcund in NUREC-0654, pages 49-51, paragrapha 3, 4 and 5.
C.19. What in your understanding of the scope of this aspoct of 5 50.47 (b) (7) ?
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A.19. This aspect of 5 50.47 (b) (7) provides that arrangements
~ with the news media must be established in advance so that information about a nuclear emergency can and will be effectively communicated through the m'edia to the public.
These advance arrangements do not involve, however, the official notice and instructions given to the public regarding an emergency via the prompt public notification system and the radio stations of the Emergency Broadcast System. That activity is the subject of a separate regulatory provision, namely 10 C.F.R. S 50.47 (b) (5) .
Although the news media will be informed of and may report the official notice and instructions, the media is not ll relied upon for that purpose.
Q.20. Have you reviewed the emergency plans for Braidwcod Station to datermine whether they adequately address the standards you mention in response to question 177 A.20. Yes. In my judgment, the emergency plans for Braidwood Station adequately and compintely addrosa the standards regarding advance planning with the news media found in Section 50.47 (b) (7) and NUREG-0654.
The base volume of the Illinois Plan for Radiological Accidento (IPRA Vol. I) outlines how the public will be kept informed of an accident through thu medias how rumors will be controlled; and how the media will be acquainted s
')
with the erorgency plans. IPRA Vol. I also provides that g
a Joint Public Information Centor (JPIC) will bn located at the Emergency Operations racility near each nuclear
- 2
O generating station and that the State will provide a spokesperson to brief the press on the emergency.
The Braidwood-specific volume of the State's plan (IPRA Vol. VII) contains parallel provisions for each of the three counties involved with emergency planning for the Braidwood Station plume exposure pathway emergency planning zone (EPZ). These provisions also establish that each county and municipality in the EPZ will have a spokesperson responsible for public information.
Commonwealth Edison's Generating Stations Emergency Plan (GSEP) establishes its offsite GSEP group which 3 includes an Emergency News Center Director and Information h Director and their staff. Their responsibilities are outlined in the GSEP and in Emergency Plan Implementing Procedures. The specific people responsible for these positions are identified in the GSEP Telephono Directory.
Copies of significant partinent provisions from the State's plan and from Commonwealth Edison's plan and procedures are attached as Attachment D.
Q.21. Please describe the Joint Public Inform tion Center (JPIC) for Draidwood Station.
A.21. In accordance with the State's plan, the Emergency Opera-tions racility (E0r) for Draidwood Station has a large
'~3 room dedicated for use as a JPIC. The Draidwood Station EOF is located in Ma:on, Illinois, about ten miles from l Braidwood Station. The JPIC in the EOF will have 3
I w.
numerous telephones available for use by the media. The JPIC will also have visual aids on hand.
L In addition to the JPIC's facilities, there will be media centers associated with the States Emergency Operation Center (ESDA's State headquarters in Springfield, Illinois), and with the Emergency Operations Centers for Grundy, Will and Kankakee Counties. All of these Emergency Operations Centers will be joined with each other and with the JPIC by a telecopier system which will be used to distribute information including press releases.
Q.22. Describe how information will be disseminated to represon-tatives of the news media at the JPIC during an emergency.
- A.22. During an emergency, representatives from the State of Illinois, the Federal government and Commonwealth Edisen will be present at the JPIC. Other representatives from local governments and private agencies may also be present and participating. These representatives will work together to provide coordinated dissemination of informa-tion to the news media reprocentatives in news briefings, which will also permit the media to ask questions and request further information.
The State's Public Information Officer (PIO) will be
) primarily responsible for providing information which concerns the health and safety of the public.
4
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Commonwealth Edison's spokesperson will primarily explain the technical aspects of the accident.
Q.23. What provision is there for dealing with rumors during an emergency?
A.23. Rumor dontrol activities are managed by the State of Illinois. The State maintains telephone numbers dedicated to rumor control and which will be known to local govern-ments, but not the general public. When a local govern-ment cannot control locally generated rumors, they will contact the State EOC over the dedicated telephones and advise the State of the rumor. If possible, the State will respond to the rumor directly. Otherwise, the response to the rumor will be incorporated in the next h news briefing provided to the media representatives.
g During the news briefings, questions and requests for rumor verification may arise from the news media represen-tatives. The spokesman or State public information officer will respond with available information. If it is aetermined that a rumsr represents serious misinformation, the misinformation could be corrected immediately by the issuance of a news release from the JPIC.
Q.24. Itow are representatives of the news media acquainted with the JPIC and procedures for news dissemination during an omorgency?
A.24. Reprecuntatives of the news media are invited to attend press briufings which are held annually for each nuclear power plant in Illinoin. Theno briefings are prer,ented 5
jointly by the State and Commonwealth Edison. The press briefings are usually scheduled in conjunction with the annual emergency exercise for each nuclear power plant.
In those instances, the media representatives are also invited to participate in the exercise itself at the JPIC.
The first press brieftng for Braidwood Station will be held in conjunction with the emergency exercise scheduled for November 6, 1985. The press briefing will acquaint the media representatives with basic information such as nuclear reactor operation, radiation, and emergency planning. The media representatives are also introduced to the JPIC as the central point through which information is disseminated to the news media by the
(
State, the utility, and the Federal government. As a part of the briefing, the media representatives will receive a
" Press Kit" which will include a " Reporter's Guide to Draidwood Nuclear Power Station" and the Emergency Information Docklet.
It should bu noted that a majority of the news media representatives in the Draidwood area have been involved in past exercisen and briefings for Dresden and/or LaSalle County Stations. These activities have all taken place at s
the Mazon EOF, which in the same facility that would be
)
ucud in the event of an omorgency at Draidwood Station.
- 6 -
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(_
(3 wi BUTTERFIELD ATTACHMENT "D" Provisions from the following documents:
- 'Illinois Plan for Radiological Accidents (IPRA) Vol. I IPRA Vol. VII - Braidwood Station
- Commonwealth Edison Company's Generating Stations Emergency Plan (GSEP)
- Commonwealth Edison Company's Emergency Plan Implementing Procedures O
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STATE GENERAL PLAN Vo ume i O
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Generating Stations Emergency Plan 06/85 S B. 2. Generating Stations Emergency Plan Succort Centers The following sections describe centers which may be Q activated during an incident.
- e. Emergency Operations Facility An Emergency Operations Facility has been estab-lished near each nuclear generating station (Oresden Station - Mazon EOF, LaSalle County Station-Mazon EOF, Quad Cities Station - Morrison EOF, Zion Station -
Westinghouse Training Center Byron Station - Dixon EOF, Braidwood Station - Mazon EOF).
, The Joint Public Information Center is located at y the EOF. A technical spokesperson will be available at the JPIC to brief the press on the emergency and the
- activities underway to deal with the situation. Space l
will be allocated within each EOF to accennodate the news i
-media.
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Public Infomation 06/85 h PUBLIC INFORMATION A crucial component of the IPRA is public information, or keeping m the public apprised of the nature .and consequences of a radiolegical accident, both during and after. The State's role in public information
'~'
is just one part of the overall public information process which in-cludes many other sources: ,
the utility; Federal agencies; county and municipal governments; private agencies; and contiguous states.
Although the State has no direct control over these other sources of information, the State will endeavor to ensure a coordinated dissemi-nation of information.
A. Flow of Public Information The Governor is the official spokesperson for the State of Illinois. The Office of the Governor, Springfield Press Office, maintains a staff experienced in news dissemination ano media o relations. The Press Office can hold press conferences in the f '; State Capitol Radio /TV Room located in the State Capitol Building.
! / As a backup, or in the case of very large media attendance, one of the Illinois House or Senate hearing rooms in the State Capital will be used for press conferences. The JPIC also has space available for press conferences should the Governor choose to locate in the accident vicinity.
The Governor's staff will receive infomation from two primary sources. IESDA will collect and summarize information concerning the operational response of the State. IONS will' provide a tech-nical sumary of the accident and its consequences, actual and potential, upon the EPZ population and dairy animals within the ingestion exposure pathway.
Infomation from the site will be relayed to the State E0C and REAC via NARS.
The IESDA PIO, augmented by !!S personnel, will prepare and submit information summaries to the Office of the Governor and IONS. The IONS P!0, augmented by IIS personnel, will submit inferm-r1 ation summaries to the Office of the Governor and IESDA. The Office
! J of the Governor will submit prepared news releases or news inform-ation to IESDA and IONS for verification before dissemination. The Governor's Press Office will issue State of Illinois press releases via comercial telephone facsimile machine to the State of Illinois
- public infomation personnel at the JPIC, who will then notify public infomation personnel from the operating utility, contiguous states and the Federal government present at the JPIC. County
- .~
. . . . . . . a . : . . . . . . .- : . . . . . . . : . . r. '
Public Information 06/85 h government spokespersons or State of Illinois public information personnel stationed at the county EOCs will also receive the press releases issued by the Governor's Press Office.
O i) s_ Information prepared for dissemination by the operating utility, contiguous states, the Federal government and affected county governments at the JPIC will be quickly relayed to the State EOC via comercial telephone facsimile machine. This information will then be given to the Governor's Press Office.
All information prepared for release by the State of Illinois, the operating utility, county and municipal governments, contiguous states and Federal agencies will be shared with all other above-mentioned parties prior to dissemination to ensure coordination.
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Public Information 06/85 ;
O B. Rumor Control The State' of Illinois rumor control network is designed to O sue, ort affected ePZ count 4es aad mun4civaiit4es hen those iocei governments cannot control locally-generated rumors. As rumors are generated, and especially when rumors ' exceed a local government's capability to provide a timely response, the State EOC will be notified of the problem.
The State rumor control network will then become operational.
Dedicated telephone numbers located at the State EOC will then be announced to affected EPZ local governments. The telephone numbers are not for public dissemination.
The State rumor control network will be staffed by personnel from the IIS. As calls are received, they will be written down and the response will be incorporated into the next press briefing at the JPIC and the Governor's Radio /TV Room in Springfield.
D. Media Education To acquain't the news media with IPRA, press briefings will be held annually. The briefings will cover the following topics:
Overview of IPRA, Concept of Operations, Accident C.lassification Scheme, Communications, Protective Actions, Parallel Actions and Public Information. In addition, the media will be given a . port-folio of handouts including a map of evacuation routes, the public information booklet, an EPZ map showing population by sector and an IPRA fact sheet.
The press briefings will include presentations from the State of Illinois, the operating utility and affected counties.
O n
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.e The Illinois o an for O Raciologica Accicents (lPRA)
FOR INFORMATION ONLY n .
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PRELIMINARY BRAIDWOOD O Volume Vll O .
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O FOR INFORMATldN ONLY ILLINOIS PLAN FOR RADIOLOGICAL ACCIDENTS - BRAICWOOD CHAPTER 2 GRUNDY COUNTY BASIC PLAN PRELIMINARY REV. O, 08/85 o n SUSMITTED t > os -
= DATE: o 3 / , /t r' IE5DA y / ..
APPROVED: (M OATE: d"?'/7 5'[
Wuncy County d50A ,
\
i Grundy County i ca/ss !
FOR INFORMATION ONLY
(, Public :nfer at end Considerations The methods by which the ::ubl.ic is kect informed of the nature and consecuences of a nuclear incident before, during anc after p
V such an incident have been discussed in Vol . I, Ch. 8. As one of the several sources of information to the residents of the E?I, this section amclifies the local governments' role in providing an accurate and consistent release of information.
As Chief Executive of the STATE OF ILLINOIS, the GOVERNOR is the official sockescerson for the State emergency operations. The GOVERNOR'S staff will receive information frem two primary sources, namely IESDA and IDNS. IESDA will ecliect and summarize inform-ation concerning the operational response of the State. IDNS will provide a technical summary of the incident and its consecuences, actual and potential, upon the population near the site.
Information frem the site will be relayed to the STATE ECC and the REAC via NARS and the radiological assessment direct line, bcth of which will have line extensions in the EOF.
Public Infermation Scckescerson - In GRUNDY COUNTY and each municipality tnerein, a spexescersen has been made rescensible for public infomation. The spokescerson will provide timely infom-
]
Q atien to the GRUNDY CCUNTY ESDA CCORDINATCR, or his designee, for coordination of local releases witn the JPIC. The PIO at -he STATE ECC ccordinates State level information with the JPIC, 960 Ncrth Route 47, south of Morris, IL. This network will provide timely, coorcinated information to all designated spokescersons.
Rumor Control - Rumor control will be addressed at the icwest governmental level possible. In these instances where a local government cannot centrol local rumors, the State rumor centrol network will be utilized. Persennel frem IIS will operate dedi-cated telechene lines at the STATE EOC and at the JPIC. The State rumcr control network telechene numbers will be anncunced to iccal governments in the EPI and are net to be released to the general public. As time permits, rumors referred to the State rumor centrol network will be answered direc:!y by IIS persennel. At all other times, the responsa to rumors will be incorcorated into the next media uccate previded at the JPIC and the GOVERNCR'S press center in SPRINGFIELD (See Vol. I, Ch. 8).
O Annual Press Briefines - To accuaint the news media with the IFRA-Braicwooc, press criefings will be held annually. The brief-ing will discuss the foll~cwing topics: OVERVIEW OF THE IFRA-SRAIC-SCHEME,
'4000, CONCEPT OF OPERATIONS., ACCIDENT CLASSIFICATION CCMMUNICATIONS NET'40Pd, PROTECTIVE AND PARALLEL ACTICNS and PUSLIC INFORMATION (See Vol . I, Ch. 8) . In addition, the media will be given a portfolio of handouts and will be able to ask questions of the representatives of' State and local governments and the utility.
4 g
O
. FOR INFORMATION CNLY ILLINOIS PLNi FOR RADIOLOGICAL ACCIDENTS - 5RAIDWC00 CHAPTER 3 WILL COUNTY 5ASIC PLAN PRELIMINARY ,
/
REV. O, 08/85 1
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e APPROVED- 2 ., / ATE: [ ~8 -[1 h1 o Ly 350A SUBMITTED _<_
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r niil Coun y Oa/aE FOR INFORMATION ONLY
(. Public Infer atien C:nsiderati:ns The methods by which the ublic is kect informed of the nature and c:nsecuences of a nuclear incident bef:re, durinc and aft'er such an inciden: have been ciscussed in Vol. I, Ch. 3.' As one of (Vl the several scurces of information :: the residents of the EFE, this section acclifies the lccal governments' role in provicinc an ~
accurate and c:nsistant release of information.
As Chief Executive of the STATE OF ILLINOIS, the GOVERNOR is the official scokescerson for the State emergency operations. The GOVERNOR'S staff will receive information from two primary scurces, namely IESDA and IDNS. IESDA will ecliec and summarize inform-ation c:ncerning the operational respense of the State. IONS will provide a technical sumary of the incident and its consecuences, actual and potential, upon the population near the site.
Informatien frem the. site will be relayed to the STATE EOC anc the REAC via NARS and the radiological assessment direct line, both of which will have line extensiens in the ECF.
Public Infomatien Sockescerson - In WILL COUNTY anc each municipait:y :nerein, a spoxescerson has been made rescensible for public information. The spokesperson will provide timely inf:r i-ation to the WILL COUNTY ESDA CCORDINATOR, or his designee, f:r v[_} c: ordination of local releases with the JP!C. The PIO at the STATE EOC coordinates State level informaticn with the JPIC, g60 Ncr:n Reute 47, south of Merris, IL. This network will provide timely, c:ordinated information := all designated spokespersons.
Rumor Control - Rumor c:ntrol will be addressed at the icwest governmental level pcssible. In those instances where a local government cannot c:ntrol Iccal rumors, the State rumor contral network will be utili:ed. .Persennel frem IIS will cperate dedi-cated telechene lines at the STATE ECC and at the JPIC. The State-rumor control network telechene numbers will be anncunced :: locai governments in the EPZ and are nct :: be released :: the general public. As time cermits, rumors referred :: the State rumor control network will be answered directly by IIS :ersonnei. At all other times, the response :: rumors will be inc r: crated int: the next media ucdate proviced at the JPIC and the .GCVERNCR'S press center in SPRINGFIELO (See Vol. I, Ch. 5).
O' Annual Press Briefines - To ac:uain the news media with the IFRA-Bra 1cwaca, ress :riefings will be held annually. The brief-ing will discuss the folicwing :: ics: CVERVIEW OF THE *PRA-ERAID-SCHEME ,
WOOD, CONCEPT OF OPERATIONS, ACCICENT CLASSIFICATION CCMMUNICATIONS NETWORK, PROTECTIVE AND PARALLEL ACTIONS and PUELIC r
INFORMATION (See Vol . I, Ch. 8). In addition, the media will be given a portf:lic of handcuts and will be able to ask cuestiens of the representatives of State and local gcvernments anc the utility.
O O
. FOR INFORMATION ONLY ILLIMOIS PLAN FOR RADIOLOGICAL ACCIDENTS - SRAICWO D CHAPTER A KANKAKEE COUNTY EASIC PLAN PRELIMINARY O)
(V REV. O, 08/85 l
l l
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SUBMITTED: 7-
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DATE: d7 e[#r l IE5DA y '
APPROVED b $ p Kankaxee Cocnty E5DA DATE:
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-. - . .- . . _-_= ,
(anxaxee ::enty ca/85 FOR INFORMATION.ONLY K. Public Info natien C:nsiderations The metaccs by whien the :ublic is kect infcmed of the nature and c nsequences of a nuclear incident before, during and after P such an incident have been ciscussed in Vol. I, Ch. 8. As one of the several scurces of information to the residents of the E?I, this secticn amolifies the local governments' role in ;roviding an accurate and censistent release of information.
As Chief Executive of the STATE OF ILLINOIS, "'e GOVERNOR is the official spokescerson for the State emergency operations. The GOVERNOR'S staff will receive information frem two primary sources, namely IESDA and IDNS. IESDA will collect and summari:e infor n-ation concerning the operational response of the State. IDNS will provide a technical suninary of the incident and its consequences, actual and potential, upon the population neer the site.
Information frem the site will be relayed to the STATE ECC anc the REAC via NARS and tne radiological assessment direct line, both of which will have line extensions in the EOF.
Public Informatien Sockescersen - In KANKAKEE CCUNTY and ESSEX, a spoxescerson nas caen mace responsible for public inferm-ation. The scokesperson will provide timely information : the KANKAKEE COUNTY ESDA CCORDINATCR, or his designee, for c:crdination
,[ s of local releases with the JPIC. The PIO at the STATE EOC c:or-dinates State level information with the JFIC, g60 North Route a7, south of Morris, IL. This network will provide timely, c:crdinated
' information to all designated spokesperscns.
- Rumor Centrol - Rumor control will be addressed at the lowest governmental level possible. In those instances where a Iccai government cannot control local rumors, the State rumor centrol network will be utili
- ed. Personnel frem IIS will acerate dedi-
~
cated telephone lines at the STATE EOC and at the JFIC. The State rumor centrol network teleanone numbers will be announced to lccal governments in the EPI and are not to be released to the general public. As time carmits, rumors referred to the State rumcr i
control network will be answered directly by IIS personnel. At all other times, the resconse :: rumors will be incorporated into the next media uodate provided at the JPIC and the GCVERNCR'S press center in SPRINGFIELD (See Vol. I, Ch. 8).
, O Annual Press Briefines - To actuaint the news media with the IFRA-Bra 1cwaca, press cr:afings will be held annually. The brief-ing will discuss the folicwing tecies: OVERVIEW OF THE I?oA-
- BRAIDWC00, CONCEPT OF OPERATIONS, ACCIDENT CLASSIFICATION SCHEME, CCMMUNICATIONS NETWORK, PROTECTIVE AND PARALLEL ACTIONS and PUBLIC INFORMATION (See Vol . I, Ch. 8) . In addition, the media will be given a portfolio of handcuts and will be able to ask questiens of the representatives of State and lccal governments and the utility.
u
Corrnonwec- Ecisor Comocny
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Generating Stations o Emergency .
Plan M
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April, 1984 Revision 4
- TAELE 4.3-10
.3
! ) EMERGENCY NEWS CENTER OIPECTCR
~
The Emergency News Center Director, upon activation of the Emergency News Center Grcup at the ECF, is resconsible for all recovery-related information intenced to ce ccnveyec frem CECO to the news mecia. l l
The rescensibilities of the Emergency News Center Oifector who !
reports to the ECF Recovery Manager are to- !
I o Assure the cperacility of, and sucervise the activities in the -
Joint Public Informaticn Center (CPIC). .
o Effect a smooth transition of the news media point-of-contact frcm CCC to CPIC, anc of news informaticn rescensicilities frem CCC/Information Director to ECF/ ENC Directcr.
o Maintain the prifrary interface between CECO and tne news mecia, inclucing, as necessary, criefings, news ccnferences, interviews, ,
anc response to informaticn recuests. i o Keep up-to-cate on cenaiticns of the plant and envircnment, anc actions of CECO perscnnel anc cutsice agencies.
o Obtain acproval of the Recovery Manager, or his cesignee of all i informaticn intencec to ce conveyec to the news mecia.
o Ccorcinate with Feceral, State, anc Iccal agenies, as well as with other organizations involvec in the recovery, to maintain factual consistency of information to ce ccnveyec to tne news mecia. ,
I o Direct the activities of the CCC/Informaticn Director. i o Participate, as neecec, in rumor-control activities managed by l State agencies. j o Maintain a recorc of GSEP-relatec activities.
73 4-36
April, 1984
- o. Revisicn 4
( ! TAELE 4.3-18 g_/
INFCRMATICN DIRECTCR The Informaticn Director is resconsible for collecting, verifying, anc cisseminating information en emergency situaticns to the puclic via the news mecia, uncer the: cirection of the Intelligence Director. Ucen the activaticn of Emergency theCenter News Recovery Grcuo, the Informaticn Director shall recort to the Director.
Respcnsibilities assigned to the Information Director (prior to Recovery. Grcup activation) are to:
o Obtain information. Thrcugn GSEP perscnnel, cetermine the nature of the emer coeraticns. gency and its effect en the puolic anc other ccmpany o Release informatien.
as scen as possible. Take steos to release accurate infcrmation other involvec agenciesCcorcinate the release of informatien with anc ccmpanies.
e interviews given The news mecia seeking and ccccents frem Ccmmenwealth officials sncula ::e full cccperaticn.
o Distribute internal informaticn. Informatien snculc de prceptly cisseminateo to Ccmmonwealth emolayees as scen as pcssible thrcugn acprcpriate ccmmunications enancels, o
Maintain a recore of the GSEP relatec activities.
Following an ECF Recovery Grcup activaticn, the Informaticn Director beccmes a support incivicual to the Emergency News Center Director and snall release inform tion only when cirected by the Emergency News Center Director.
The Information appropriate Director CECO 1ccaticns. is to maintain his office in eitner the CCC or oth I
/-
()
4-a
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TSN-EOF-4 (O Revision 3 k January, 1985 0
EMERGENCY PLAN IMPLEMENTING PROCEDURE EPIP: TSN-EOF-4 TITLE: Emergency News Center Director l p Prepared by: [ Y k Date: !* 2[*
Reviewed by: /i Date: /
- NJ V. . ,j -
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A Approved by: /' Date:
O O .
- 6231E/lmk
1 t
TSN-EOF-4
, ~~' ) Revision 3 January, 1985 EMERGENCY NEWS CENTER DIRECTOR l A. PURPOSE The purpose of this procedure is to assist the Emergency News Center Director in fulfilling the responsibilities assigned in GSEP.
B. REFERENCES
- 1. GSEP Table 4.3-10.
- 2. GSEP Table 4.3-18.
- 3. GSEP Telephone Directory.
- 4. Corporate Command Center Group Emergency Plan Implementing Procedure - EPIP CC Information Director.
C. PREREOUISITES
,7 I' /
- 1. The Emergency News Center Director will ensure that an
\> -
individual is available to fulfill the duties of Information Director at the CCC.
D. PRECAUTIONS
- 1. None E. LIMITATIONS AND ACTIONS Problems in Emergency News Center activation or operation beyond the control of the ENC Director should be referred immediately to the Recovery Manager.
F. PROCEDURE
- 1. PERFORMANCE CRITERION FOR EMERGENCY NEWS CENTER:
p
(-) THE PERFORMANCE CRITERION FOR THE ENC WILL BE THE ACCURATE TRANSMITTAL OF ANY INFORMATION WITH IMPACT ON PUBLIC RISK (i.e.,
information serving item 1, 2, or 3 under General Objectives in
- Attachment X) WITHIN 15 MINUTES OF THE AVAILABILITY OF THAT INFORMATION IN THE EOF.
Page 1 of 10 6231E
TSN-EOF-4
, , ~)/ Revision 3 L ,-
January, 1985
- 2. FUNCTIONAL CONCEPTS USED IN THIS PROCEDURE:
iJ m Information will exist in the EOF in three forms:
(1) Data -- Observable or measurable facts (e.g., numbers, values, plant and dquipment design details, known plant and equipment conditions, actions taken or in progress)
(2) Intelligence -- Conclusions drawn from data; results that are deduced or projected from data analysis and are not physically apparent (e.g. event classifications, dose rate projections, risk assessments, actions under consideration)
! (3) News -- Items of Data and Intelligence selected for transmittal to the public via the public news media, f
translate # and formatted as necessary for general understanding (e.g. news releases, information approved for '
discussion at news media briefings)
The ENC will actively gather Data and Intelligence from the EOF and other sources. In accordance with the General Objectives in Attachment X (Nuclear Emergency public Information Plan), it
- will identify newsworthy information (NewsInfo) and validate its accuracy. NewsInfo whose accuracy has been validated will be translated and formatted into News and approved for transmittal. The ENC will transmit all News to the public via the public news media.
Transmittal of News to the public news media will occur during News Briefings. Questions, rumors, and requests for information may arise that have not been addressed in News Briefings up to l
' that point, which the. ENC will strive to address in subsequent
- News Briefings. Additionally, information obtained from outside sources at News Briefings will be transmitted back to the EOF.
I i
- 3. ENC ORGANIZATION .
GSEP assigns all duties and responsibilities of the ENC to this postion. The ENC Director delegates ENC duties and responsibilities to the ENC staff, with the exception of r~ authority to approve transmittals of News regarding the
(_,N
/ emergency.
Page 2 of 10 6231E
TSN-EOF-4
, 3
) . Revision 3
~ January, 1985
- b. To achieve the General Objectives (See Attachment X), the
,r ~ ENC organization performs six main activities:
O, (1) Data and Intelligence Assimilation
('2) NewsInfo Identification and Validation -
(3) Newswriting (4) News Approval (5) News Transmittal (6) Public Inquiry Followup
- c. To perform the activities necessary to satisfy the General Objectives, the ENC employs a staff with the following positions and duties:
(1) ENC Director (1 required)
- a. assigns personnel to ENC staff positions
- b. supervises activation of the ENC
- c. oversees staff activities
- d. approves News for transmittal to public via news media
- e. transmits News to CCC and CSD (2) Information Liaison (1 required) g a.. assimilates Data and Intelligence
- b. conveys and explains information to ENC staff
- c. identifies NewsInfo
- d. validates accuracy of information to be used for News
- e. assists in preparation of News (3) Newswriter (1 required. 2 desired)
- a. assists in startup and checkout of ENC facilities
- b. assists in identification of NewsInfo
- c. prepares News for transmittal
- d. recommends visual aids and other materials for news media briefings (4) Spokesman (2 required) a.. acts as Public Information Official (PIO) for the Company f'
- b. assists in startup and checkout of ENC facilities (N_) c. assists in preparation of News
- d. selects visual aids and other materials for news media briefings
- e. coordinates with other PIOS for News consistency E. transmits News to public via news media briefing l addresses inquirips for additional information l
g.
! Page 3 of 10 6231E
3
TSN-EOF-4 Revision 3 V; ..)
a January, 1985 (5) Briefing Coordinator (1 required, 2 desired) i
(~/
N- a. manages startup and checkout of JPIC facility
- b. oversees operation of JPIC
- c. secures visual aids and other materials for news media briefings
- d. ensures News consistency between PIOS
- e. arranges most effective sequencing of PIO announcements
- f. ensures all inquiries for additional information are addressed
- 4. ENC STAFFING
- a. After being called for duty, before departing for the EOF, the ENC Director initiates ENC staffing using the GSEP Telephone Directory. During normal business hours, this task may be delegated to office staff to allow earlier departure for the EOF.
- b. Outside of normal business hours, if all staff notification cannot be completed with 15 minutes of his being called for duty, the ENC Director contacts the Communications Services Duty Person (312-294-3545) and delegates notification responsibilities. In this case, upon arrival at the EOF, the ENC Director again contacts the communications Services Duty Person to obtain status and resume control of staff notification.
- c. As staff members arrive at the EOF, the ENC Director briefly reviews their duties with them and prepares for ENC activation.
- 5. ENC ACTIVATION
- a. The ENC Director effects ENC activation as soon as practicable following EOF activation. ENC personnel are assigned by the ENC Director to positions commensurate with their capabilities. The ENC Director advises the Recovery Manager as to when he projects the ENC will be activated.
- b. The Information Liaison introduces himself to the EOF personnel with whom he will communicate, describing his method
(~' of operation and the kinds of information he will be k;
assimilating.
- c. The Spokesman ensures that ENC and JPIC telephones are
- functional, and verifies all phone numbers between ENC, CCC, and CSD. He also checks if ENC telecopiers are available, and verifies their phone numbers.
Page 4 of 10 6231E
,7 TSN-EOF-4
.( ,) Revision 3 x' January, 1985
- d. The Briefing Cocrdinator ensures that the JpIC is 7-physically set up and adequately equipped, including provisions
(_) for access control.
- e. The Newswriter ensures that supplies (e.g. pencils, pens, forms, stamps) are sufficient, and that the EOF clerical staff is prepared to assist the ENC (providing them a News Release format sheet and briefly reviewing their role).
- f. The ENC Director supervises these checks (See Attachment A for Checklist), and refers problems to the appropriate EOF director for resolution. When the ENC is ready for activation, the ENC Director requests approval to activate from the Recovery Manager. Upon approval, the ENC is activated, and the ENC Director notifies CSD to transmit copies of all previous emergency-related News Releases and advise the public news media to report to the JPIC.
- g. News Releases from CSD (prior to ENC activiation) are copied, posted, and filed the same as ENC-generated News Releases (see subsequent sections).
- h. During the transition period between ENC activation and the W first actual News Briefing at the JpIC, CSD will continue to process inquiries as before, but will be using information from News Releases transmitted from the ENC.
- 6. DATA AND INTELLIGENCE ASSIMILATION
- a. The Information Liaison assimilates Data and Intelligence by keeping in constant touch with source of emergency-related information. primary information sources (those supplying the most immediate information on major developments) are used to follow the overall direction and progress of the emergency and the recovery. Other information sources provide the detail and perspective necessary to properly interpret and explain major developments.
- b. All available information sources are used to their appropriate extent and purpose:
gy (1) Announcements over the EOF address system, usually made by
( ,) the Recovery Manager, are indications of important developments whose details may be obtained from other sources. Such announcements are primary information sources.
- Page 5'of 10 6231E l
1 l
I TSN-EOF-4 I
' Revision 3 x- January, 1985 (2) Direct discussions with EOF personnel frequently give forewarning of imminent developments, and provide detail in (x->) subject areas desired. Such discussions are primary information sources.
(3) Status boards and displays give overall perspectives and trends for detailed information. These, however, sometimes lag the current information status by several minutes and are not relied upon as primary information sources.
(4) Telephone contacts with technical and emergency personnel outside the EOF may provide detail on past or background information. Such communications may be used to avoid burdening EOF personnel when detailed recap or background material is desired for News.
(5) Feedback via News Briefing from non-Emergency sources (e.g.
news reports, rumors) occasionally provides information otherwise unavailable to the Company. Such external information is passed by the Information Liaison to the Recovery Manager and others as necessary.
- 7. NEWSINFO IDENTIFICATION AMD VALIDATION
- a. The Information Liaison identifies and records NewsInfo during Data and Intelligence assimilation. The Newswriter may assist in identifying NewsInfo.
- b. Identification of NewsInfo is conducted in accordance with the General objectives of the ENC (Attachment X). More specifically, Data or Intelligence is always NewsInfo when it represents a situation or development that significantly changes the risk posed to any segment of the public. Since assessment is required to determine risk, Intelligence is more likely than Data to qualify as NewsInfo. Data or Intelligence is likely to be NewsInfo if it represents a change in:
(1) Dnergency classification (2) meteorological or radiological conditions outside the plant (3) core integrity or capability of plant equipment to maintain same (4) containment integrity or capability to maintain same
/ ')
' (5) capability of plant personnel to perform their assigned duties (6) radiological conditions within the plant (7) understanding of the technical cause of the accident (8) projections of practical consequences of the accident page 6 of 10 6231E
)
TSN-EOF-4
)
' Revision 3
' ' '~ January, 1985
- c. The Information Liaison records NewsInfo on two-part y
carbonless forms marked "NewsInfo". The Information Liaison,
( ,) the Newswriter, and the ENC Director determine when the nature, quantity, or timing of compiled NewsInfo warrants a News transmittal. .
- d. When a News transmittal is warranted, the Information Liaison validates the accuracy of the compiled NewsInfo by having the two part forms reviewed and approved by the Recovery Manager or his designee. The Recovery Manager or his designee indicates approval by initialing the forms, after which the Information Liaison ensures that the date and time of approval is noted. This completes validation of the NewsInfo.
- e. The Information Liaison separates the two-part carbonless forms, and immediately delivers the original (white) validated NewsInfo sheets to the Newswriter. The Information Liaison assists the Newswriter and the Spokesman as necessary to assure complete understanding of the NewsInfo. The Information Liaison then delivers the copy (yellow) validated NewsInfo sheets to the Recorder, and resumes assimilation of Data and Intelligence.
- 8. NEWSVRITING
- a. The Newswriter organizes and translates validated NewsInfo into News under the direct supervision of the ENC Director.
- b. The Information Liaison assists in this process initially, where questions of interpretation of written notes may arise.
The Spokesman assists throughout Newswriting to ensure the technical fidelity of the News to the NewsInfo, and to gain the perspective needed for accurate News transmittal during the News Briefing.
- c. News is produced for each transmittal in three forms:
(1) A News Release (required) is a written statement of what the Company has to announce.
(2) News Briefing Papers (required) are notes for the Spokesman containing News details beyond those in the News Release.
These Papers are derived from, and may include, the NewsInfo sheets prepared and validated by the Information
~
Liaison.
g3 G (3) News Visuals (recommended) are tables, charts, graphs, diagrams, pictures, or other visual aids prepared by the ENC to help convey information to the public via the news
' # media. They may assume any useful format (e.g. handouts, overhead projection films, wallcharts) that lends itself to rapid production with"the resources available.
Page 7 of 10 6231E
I TSN-EOF-4 i
': i
,/ Revision 3 January, 1985
- d. The Newswriter composes a draft News Release'on three part
,l carbonless forms. Draft News Release format details are given
/ in Attachment P.
- 9. NEWS APPROVAL AND FORMATTING
- a. The draft News Release is reviewed and approved by the ENC Director, and, if he so wishes, the Recovery Manager. (NOTE:
Recov6;y Manager approval should be waived if it introduces a delay of more than 5 minutes.) Approval is indicated by signature below the " # # # " mark on the last sheet. The ENC Director should also review the Briefing Papers to ensure that appropriate care is used in transmitting details that may lend themselves to misinterpretation by the public (e.g., he should ensure that values of radiation levels, pressures, temperatures, etc. are always given in perspective with their normal values or with some values with which the public is familiar),
- b. The Newswriter gives the white originals of the approved News Release to the Spokesman for immediate transmittal to the News Media in the JPIC. He gives the yellow and pink copies to the ENC Director.
- c. The ENC Director delivers the yellow copies of the approved News Release to EOF clerical personnel for typing and copying.
He retains the pink copies. News Releases are typed in accordance with an approved format (Attachment R), a copy of which is given to the clerical personnel for guidance when the EOF is acivated. (NOTE: For exercises, this format includes a large stamp reading "This Is A Drill - These Events Did Not occur" positioned belo'w the Heading and above the Text). The ENC Director proofreads the typed News Release.. Sufficient copies are made to allow distribution to all news media representatives in the JPIC with extras for posting and recording.
- 10. NEWS TRANSMITTAL
- a. The Spokesman carries the white handwritten originals of the approved News Release to the JPIC. There, the Briefing Coordinator oversees the final cross-check between the materials
(~]
K' to be transmitted at the upcoming Briefing by the Spokesman and other Public Information Officials (PIOS). If the Briefing Coordinator identifies factual inconsistencies that cannot te resolved on-the-spot between PIOS. he will refer the issue to the ENC Director for resolution. The ENC Director will coordinate with EOF staff.and/or the appropriate outside agencies (e.g. State ESDA, NRC, FEMA) to resolve the inconsistency, and return the result to the Briefing Coordinator.
Page 8 of 10 6231E
~
l l
D TSN-EOF-4 Revision 3 January, 1985
- b. Based on the relative importance of the' material to the
( ,
public interest, the Briefing coordinator determines the most O appropriate sequence of presentation among the PIO personnel (e.g. an announcement by the State of public protective actions would always precede a simple plant status update),
- c. Immediately prior to beginning his part of the News Briefing, the Spokesman notes the time on the first page of the News Release. He begins his communication by reading the approved News Release verbatim. He then adds detail and answers questions using the News Briefing papers and News Visuals.
- d. During the News Briefing, the ENC Director contacts the CCC and Communications Services Department (CSD), and advises them that a News Release has been issued. If urgency will not allow time for typing and telecopying, he may read the News Release over the telephone from his pink copies,
- e. 'Vhen copies of the typed News Release are ready, the ENC Director sends telecopies to the CCC and to CSD, and delivers an appropriate number to the Briefing Coordinator for posting and distribution in the JPIC. The ENC Director posts a copy in the
- EOF and delivers a copy to the Recorder,
- f. After the News Briefing, the Spokesman " cancels" his white original (handwritten) News Release with a single diagonal line from corner to corner. He returns to the EOF operations area and delivers the cancelled News Release to the ENC Director.
- 11. PUBLIC INOUIRY FOLLOWUP
- a. During the News Briefing, questions and requests for further information or rumor verification may arise from News Media representatives. The Spokesman (or, as appropriate, the other PIO personnel) responds with available information.
- b. When available information is not sufficient to adequately address the inquiry, the Briefing Coordinator (and, for inquiries relating to the Company, the spokesman also) makes note of the inquiry. The inquirer is advised that his inquiry will be, addressed as soon as practicable.
O c. The Briefing Coordinator ensures that inquires are indeed C/ ultimately addressed by continually reminding pIO personnel.
For inquiries relating to the Company, the Spokesman is primarily responsible for followup.
page 9 of 10 6231E
I o
l TSN-EOF-4 Revision 3 January, 1985
- d. Following the news Briefing, the spokesman transmits the
(^') inquiry to the Informatio- Liaison. The Information Liaison V must actively pursue infu mation to address the inquiry, since such information may not otherwise be of concern to EOF personnel. As soon as practicable, as part of a compilation of a NewsInfo, the Information Liaison returns a response to the Spokesman and the Newswriter,
- e. The Spokesman includes the inquiry response as part of the upcoming Briefing Papers. 'f the inquiry represented serious public misinformation (e.g. a harmful rumor), the inquiry response may be included in the News Release by the newswriter.
The inquiry is then addressed at the following news Briefing.
C. CHECKLISTS (1) Attachment A: ENC Activation Checklist (2) Attachment R: News Release Format Guide (3) Attachment X: Emergency News Center Mission O
O page 10 of 10 6231E
r 1 i
l
. h ATTACHMENT A s
( )
v' E N C ACTIVATION CHECKLIST NAME STAFF Information Liaison . .
Newswriter. . . . . . .
Spokesman 1 . . . . . .
Spokesman 2 . . . . . .
Briefing Coordinator. .
OK FACILITIES JPIC activated (per Briefing Coordinator). . . . .
Communications functional (per Spokesman). . . . .
l - Telephones / numbers l
- Telecopiers/ numbers
! Supplies adequate (per Newswriter) . . . . . . . .
- Information Forms (2-part)
- News Forms (3-part) l
- Misc. (pens, pencils, stamps, etc.)
l INFORMATION Copies of prior News in hand . . . . . . . . . . .
General event status update complete . . . . . . .
ENC READY FOR ACTIVATION DATE TIME ENC DIRECTOR 0
/
5.J' 6302E/2 ,
o 0
Attachment R News Release Format Guide on the following page is a completed News Release in the exercise format. Actual-event format would delete the disclaimer stamp.
l O
l O 6302E/6 ,
h FOR IMMEDIATE RELEASE Commonwealth Edison Wednesday, Sept. 14, 1983 Emergency Operating Facility Time: 11:46 a.m.
l l
Mazon, IL NEWS RELEASE No. 5 DRESDEN GENERAL EMERGENCY DOWNGRADED b'. l h Ui sha IJa@L 1 m e i.d -
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4 y j so Uh A=N 7s U!!J l " U.; I! W L7U a The Dresden Station General Emergency was downgraded at 11:40 a.m. to a Site Emergency. This change in status was based on improving conditions in the Reactor Containment Building as well as a stop in the release of radiation to the environment. This has been confirmed through both fiel samples as well as the existing station Radiation Monitoring Equipment.
O O .
e
llhb Attachment X
~
/ 'T
\ )
'-' Emergency News Center Mission The nuclear Emergency News Center (ENC) will function as the primary information conduit between the Company and the general public via the public news media, during a nuclear emergency with potential public health impact.
General obiectives:
The nature, content, and timing of information transmittal by the ENC will serve, in order of priority, the following purposes:
- 1. to enable the public to take appropriate and timely actions to minimize risk to thier lives, health, and property;
- 2. to reinforce and enhance efforts by federal, State, and local governmental agencies to carry out public protective measures relating to the emergency; l 3. to describe and explain, in common terms, the relevant scientific concepts and technical information that will help the public accurately judge the current and potential impact of the emergency on them;
- 4. to prevent or dispel negative judgements as to the moral, professional, and financial integrity of the Company, by the public or by outside organizations, during and immediately following the emergency;
- 5. to satisfy the public's "right to know" all facts and details about events, assessments, decisions, actions, and cosequences concerning the Company and the emergency.
( l
' 6302E/7 k_
4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ggg/
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i j In the Matter of )
' )
COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-456
) 50-457 (Braidwood Station Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of SUPPLEMENTAL TESTIMONY OF LAWRENCE D. BUTTERFIELD ON ROREM CONTENTION 1(a) were served by messenger on the persons identified below with a single asterik, by Federal Express on the persons identified with two asteriks and by deposit in the United States mail, first-class postage prepaid, on the remaining persons, this 22nd day of October, 1985.
Herbert Grossman, Esquire
- Lawrence Brenner, Esquire
- Chairman Administrative Law Judge Administrative Law Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Richard F. Cole
- Atomic Safety and Administrative Law Judge Licensing Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board 7-(
) Dr. A. Dixon Callihan** Panel
~'
Administrative Law Judge U.S. Nuclear Regulatory 102 Oak Lane Commission Oak Ridge, TN 37830 Washington, D.C. 20555 W Ms. Bridget Little Rorem**
- 117 North Linden Street P.O. Box 208 Essex, IL. 60935
Stuart Treby, Esquire
- Mr. William L. Clements Elaine I. Chan, Esquire
- Chief, Docketing and Services Office of the Executive U.S. Nuclear Regulatory
) Legal Director Commission U.S. Nuclear Regulatory Office of the Secretary Commission Washington, D.C. 20555 ,
Washington, D.C. 20555 Robert Guild, Esquire Ms. Lorraine Creek Douglass W. Cassel, Jr., Esquire Route 1 Timothy W. Wright, III, Esquire Box 182 BPI Manteno, Illinois 60950 109 North Dearborn Street Suite 1300 Chicago, Illinois 60602 C. Allen Bock, Esquire Charles Jones, Director P.O. Box 342 Illinois Emergency Services Urbana, Illinois 61801 and Disaster Agency 110 East Adams Springfield, IL 62705 William Little Director Braidwood Project Region III U.S. Nuclear Regulatory Commission 759 Roosevelt Road Glen Ellyn, Illinois 60137 n to tates Nuclear Regulatory Commission
!/ T Victor G. Cope k6nd 7920 Norfolk Avenue One of the Attorneys for Phillips Building COMMONWEALTH EDISON COMPANY Bethesda, MD 20014
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I 2 -
i I
l 466
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iim -3 1 MR. GALLO: Thank you, Your Honor.
2 The witness is available for cross-examination.
jXXXXXXXX 3 CROSS-EXAMINATION 4 BY MS. ROREM:
5 Q Mr. Butterfield, did Commonwedith Edison conduct 6 studies on illiteracy in the EPZ around the Braidwood 7 Nuclear Station?
8 A No, we have not.
9 Q Mr. Butterfield, you submitted the brochure into 10 evidence. In the third section, which is titled "If Officials 11 Say To Evacuate," the last point says " Plan for two days 12 away from home." It continues, " Lock things up and turn
( 13 things off as you would for a weekend vacation. ' Bring 14 essential items such as those on the check list below."
15 Mr. Butterfield, is it possible that an accident 16 or emergency, which would require evacuation in the EPZ 17 surrounding the Braidwood station, would require evacuation 18 for more than two days away from home?
19 A It is possible.
20 0 Does the booklet tell people this?
21 A The booklet does not describe individual accident
- 22 scenarios. So it does not.
23 0 I didn't ask that. Does the book tell people ---
24 MR. GALLO: Excuse me. I would like to have the 3.-ru it re inc.
25 witness have an opportunity t6 complete his answer and not
467
\,,
Sim Y2-4 1 be interrupted. If she believes that the answer requires O 2 a follow-up, she can ask a question.
3 MS. ROREM: I asked a question which required a 4 yes or no answer, and I would like a yes or no answer.
5 MR. GALLO: As Your Honor knows, witnesses are not 6 required to give yes or no answers, but they are permitted 7 to elaborate and explain their answers.
8 I thought Mr. Butterfield was being quite responsive 9 in answer to the question, but he was not permitted to finish.
10 JUDGE GROSSMAN: Is there anything before the Board 11 now, Mr. Gallo?
12 MR. GALLO: No.
j 13 JUDGE GROSSMAN: Wny" don't we just answer the question, 14 Mr. Butterfield.
15 MR. GALLO: Does the witness recall the question?
16 THE WITNESS: Would you repeat the question, please.
17 BY MS. ROREM:
18 Q The question was premised upon the question before 19 which asked if it is possible that an accident requiring 20 evaluation of the emergency planning zone around the Braidwood 21 Station might require evacuation for more than two days, 22 and you answered "Yes."
23 A I believe I said it was possible.
24 Q And I asked does the booklet tell people this?
Ace-Fi _2 Reporters, Inc.
25 A No, not to my knowledge.
468 k
1 Q Are there accidents which could occur at the 2 Braidwood Station which might require decontamination 3 Procedures before residents who had been evacuated could 4 re-enter the EPZ?
5 A Yes.
6 Q Does the booklet tell people this?
7 A No. It is not supposed to.
8 Q Mr. Butterfield, the public information booklet, 9 again Section 3, instructs those who read it, "Do not take 10 pets unless you are going to a friend's or relative's house.
11 Relocat:.on centers will not accept pets."
12 Does the booklet explain what people should do with
/"
(g 13 their pets? -
14 A No.
15 Q It does not explain what transient populations should 16 do with their pets, does it? Is that correct?
17 A That would be correct.
18 Q In the section of the book on radiation, which is 19 Section 7 -- no, Section 8, excuse me, it is stated that 20 "The safe application of radioactive material can benefit 21 our society."
22 A May I ask where you are reading from?
23 Q This is Section 8, paragraph 2, second sentence.
(} 24 Mr. Butterfield, can the emission of radiactive
&r F._ J Reporters, Inc.
25 material from a nuclear plant or from the Braidwo'od Nuclear
@im FI-6
( 1 469 w -Station:during an emergency benefit our society?
'1 2 A No.
3 0 Is-the emission of radioactive material during an 4
accident the safe application of radioactive materials?
'5 A No.
6 Q Mr. Butterfield,iis there anything in the section 7
on radiation in the public inforamtion booklet that deals 8
with the issue of a radioactive plume?
9 A The only piece of this section that would relate 10
.to a radioactive plume would be that portion of the one 11 millirem or radiation received or less than that received 12 by a person at the fence, which is discussed in paragraph six. That would not all be from the plume, but part of that 14 could be'from the plume from normal operation.
15 Q Is the word " plume" ever used in this section?
16 A No.
17 Q Mr. Butterfield, is part of the reason that people 18 are instructed to take certain roads or highways during an 19 accident because of the radioactive plume and the direction 20 in which the wind is traveling?
21 A Yes.
22 Q Is that ev,er stated in Section 87
, 23 A No, because that is not the purpose of Section 8.
. .24 m./1 2 n.por,.rs, Inc. Q The purpose of Section 8 is to give educational I I25 -
L information on radiation; is it not?
I l
. ~ . . , ~ . _ _ _ _ . . - _ . _ _ _ .~. _ _ _. - __.
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,Simjd-7 i A Yes.
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lk/ 2 O We are talking about an emergency brochure, a public l
l 3 information brochure for distribution to people so that they 4 understand how radiation works.
5 Is it not important that they understand how radiatio: t 6 works in an accident scenario?
- 7. A Radiation does not work any, differently in an 8 accident scenario than it does in any other scenario.
9 Radiation is radiation.
10 Q Mr. Butterfield, I ask you again, is the radiation 11 emitted from a nuclear plant in an accident a safe application 12 of radioactive material?
o
) 13 MR. GALLO: Asked and answered.
14 THE WITNESS: The answer is no.
15 BY MS. ROREM:
+
16 Q Mr. Butterfield, in Section 7 of the public
'17 information brochure, the four paragraph states in its second 18 sentence " Coal power plants have smoke, slag.and ashes as 19 waste. Nuclear power plants collect waste right in the 20 fuel pellets.rather than releasing them to the environment."
21 Mr. Butterfield, are wastes ever released to the 22 environment in the safe operation of a nuclear plant?
23 A No. May I rephrase that. The wastes that we are 24 talking about here are wastes from the fuel assemblies. When Ace-F 4 Reporters, frH:.
25 the fuel assemblies are put in their final repository under
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' II b "'3 0 1 law requiring DOE to set this, then they will be in fact in
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k /~ 2 the environment in some form, encapsulated in some form. It 3 will be off of our site and in some place.
4 Q Mr. Butterfield, are there any radioactive emissions 5 during the' normal safe operations of a nuclear plant?
6 A Yes.
7 Q Mr. Butterfield,'are the waste products from.a 8 nuclear plant dangerous?
9 A I guess I don't know quite how to answer the question, 10 and if I may' discuss it for a moment.
11 In the form that waste products are emitted or sent 12 away from the plant, whether it be in air, water or solid 13 waste, they are not hazardous to personnel, people outside 14 of the plant.
15 If you wanted to take a technicality and say you 16 put.all those together in one solid form, you could come up 17 with-a what if situation that would be unsafe, just like I 18 can take 32 Aspirin as an unsafe situation, but I can take 19 one Aspirin to resolve a headache. I don't know how else i 20 to answer the question.
21 MS. ROREM: Just a moment, please.
22 (Pause.)
23 BY MS. ROREM:
24 0 Mr. Butterfield, you are not implying that nuclear 911 Reporters.
f Acs F Inc.
25 waste is equivalent to Aspirin; are you?
472
.'5 1d_9 i A No.
2 Q Mr. Butterfield, is it true that on occasion a 3 neulear plant may have non-routine emissions of radioactive '
4 material?
5 A Yes.
6 Q And in that regard, aren't those instances regarded 7 as an accidental release?
8 A In our language they are called unplanned releases 9 and are reported as such and taken care of as such in terms 10 of discussions with the. proper authorities.
Il Q And aren't they known generally to the public as 12 accident releases?
13 A I don't know.
14 Q Mr. Butterfield, in NUREG 0654, page 49 under the 15 section -- do you have that document with you?
16 A Yes, I do.
17 Q Turn to page 49, the second on Public Education and 18 Information, Section G. Under the planning standard -- I 19 direct your attention'instead to page 46, Section E, 20 " Notification Methods and Procedures."
21 Under Evaluation Criteria 7 it talks about 22 respiratory protection. No, that is not the part I really 23 - wanted either. Excuse me. I am sorry. I am having trouble 24
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25 Back to page 49, Sect' ion G, Public Education and '
\
473
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Jim p2-10 )
Information. Under Evaluation Criteria 1, Part C, " Protective 2
m asures, that is evacuation routes and relocation centers, ,
3 sheltering, respiratory protection, radio protective drugs 4
and so forth." That is a quote from Section C, is that 5 i A Correct.
6 7 0 The evaluation criteria asks for information to 8
be given no respiratory protection, does it not?
A Would you repeat that?
9 10 0 It is correct that information on respiratory pro-jj tection is one of the sources of information which the 12 evaluation criteria lists should be given to the public?
f 13 A s.
ja 0 Inyourtestimonyonpage11,kuestion13,youstate 15 "The use of respiratory protection is not considered to be 16 useful during evacuation as it might hinder a person's ability 37 to respond effectively." Is this true, and do you say this?
A Yes, I say this.
end Sim 18 Sue fois 19 20 21 22 23 24 ActF i Reporters, Inc.
~ 25
474
- 1 1-SueW I Q Could you please give the basis for that state-2 ment?
3 A
There have been other cases that I have been made 4
aware of -- and I don't recall which ones they were now --
5 where this was also discussed, other Atomic Safety and 6
Licensing Board discussions.
7 The decision there was that it was not effective, 8
not useful.
9 We have discussed it with the State of Illinois.
10 They also agree that it is not a useful thing to put into the public information brochure.
12 It is expected that any requirement for evacuation I3 would occur long before, or before I should say, the need I4 for respiratory protection would be required. And so to add 15 this would be to burden someone who is trying to move family.
6 Q Mr. Butterfield, are there any segments of the 17 population which might need respiratory protection more than I6 others?
19 A It could be that some of the special cases of 20 people who are mobily impaired could require something.
21 Q What about the elderly?
22 A
Respiratory protection is used primarily to prevent 23 inhalation of iodine. The effects of iodine are long term.
m.r.d neporters. in . "" W@ *
- D '
25 whether they be young or elderly, can be moved in a reasonable
T 475
'# p-SueW I period of time. Our studies have shown that. In general, 2 it's considered to be a standard practice, that they can be i 3 moved.
4 So, there is no consideration for elderly as op-5 posed to anyone else who does not have a special need. Maybe 6 rephrasing that is that we don't see the elderly as being a !
i 7 special need as a class of people. !
8 0 What about the very young?
l 9 A The very young would be in the hands of other I i
10 adults who would be able to handle them.
1 II Q Are you sure of that, that the very young would i
12 always be in the hands of those who are able to protect them?
13 A I can only say that my wife never left her children; I
I4 unattended for periods of time. I assume that most parents 15 would not do that either.
i 16 Q Mr. Butterfield, are any children ever left alone I7 at home in the emergency planning zone for the Braidwood 18 Nuclear Station?
I' j A I don't know. !
20 Q Is it not correct that there are women in the EPZ '
21 who are employed or who work outside the home who are not home 22 at all times with their children? .
23 A I think that's a fair statement, yes.
l 2#
f Q Is it not the case that those children might, b-Federal Reporters, Inc.
l 25 depending upon their ages, either be left alone for several l
l
476 '
- 3-SueW 1 hours or in the care of a young babysitter?
2 A I'm sorry, did you say is it possible? Is that ,
3 how you started -- 1 4 Q Yes.
5 A Yes.
6 JUDGE GROSSMAN: Ms. Rorem, I'm trying not to l
7 disconcert you. I wish you would leave the "not" out of your , l l
l 8 questions. It would make it a lot easier, though we understand 1 9 what the answers mean.
I 10 MS. ROREM:
Fine. Excuse me. I 11 JUDGE GROSSMAN: Is it possible? '
12 BY MS. ROREM: (Continuing) ,
13 Q Yes.
14 A I assume it's possible, yes.
15 O So, would those children necessarily be adequately 16 protected by adults who are more able to take care of them?
17 MR. GALLO: Objection. Is this another hypothetical 18 question? Are we assuming it's possible --
19 MS. ROREM: Is it possible.
20 MR. GALLO -- is it possible and then these are not 21 properly cared for children? Is that the gist of the question?
22 JUDGE GROSSMAN: Overruled. I think the witness 23 can handle the question.
24 W Fedeb Fleporters, Inc.
WITNESS BUTTERFIELD: I do not pretend to be an 25 expert in child care or care of children like that. I assume
477
- 1 -SueW I from my personal experience that it's possible they could be 2 left alone. I also assume that it is possible that they 3 would not know what to do if they were that young of an age 4 and had not been properly trained by their parents what to do 5 for the siren.
6 BY MS. ROREM: (Continuing) i 7 Q Mr. Butterfield, did Commonwealth Edison do any ,
8 studies or surveys to indicate how many children might be 1
9 in a circumstance where they would be left at home alone or I
10 under the care of a young babysitter? I 11 A Not that I'm aware of. t i
12 Q Mr. Butterfield, are there people residing in the t 13 emergency planning zone around the Braidwood Station who are l 14 visually impaired?
1 15 A I don't have the details, but I assume there i 16 are.
17 Q Did Commonwealth Edison do any studies or surveys 18 to indicate how many such persons there might be living in '
19 the EPZ around the Braidwood Station?
l 20 A As you know from our public informa' tion brochure, 21 there is a method prescribed in there for people who have any 22 type of impairment to notify the State to get put on a 23 special program. l
! 24 We also know of certain people from Commonwealth Ace #erieral Reporters, Inc.
25 Edison's interests, but they would be only people who required t
l
478
~ SueWl special electricity. Beyond that, I do not know the answer.
2 Q Mr. Butterfield, how are they supposed to read 3 the brochure to tell them to notify Commonwealth Edison if 4 they can't read?
. 1 5 A Ms. Rorem, I find it very difficult to believe 6 that anyone who is visually impaired does not either live i
7 with someone or have a friend that cares enough about them i
8 to assist them. ,
9 If someone else gets one of these brochures and i i
10 cares about their neighbor, then they would I would have to l 11 think would take time to help them and let them know and find {
12 out what they needed or made sure they filled out one of !
13 these forms and got it in. That's just human nature.
14 MS. ROREM: Excuse me one moment. i 15 (Ms. Rorem is conferring with Mr. Wright.)
i 16 JUDGE GROSSMAN: Would you like a recess for a i i
17 few minutes, Ms. Rorem? !
f 18 MS. ROREM: Just a few minutes, yes. That would 19 be nice.
20 JUDGE GROSSMAN: Okay. Why don't we take a ten 21 minute recess.
22 MR. TREBY: Judge Grossman, before we do that may 23 1 just indicate something for the record that I should have em ;
24 done at the beginning of this examination?
Acs#ederal Reporters, Inc.
25 This subject of the testimony now deals with
479
~*-6-SueW 1 off-site emergency preparedness. It is an area that has been (V
2 designated one for FEMA, the Federal Emergency Management 3 Agency, to handle. We have a representative of FEMA here, 4 and the testimony will be done by FEMA witnesses.
5 Accordingly, for this portion of the hearing we 6
request that FEMA counsel would be the one who would participate 7 on behalf of the Staff.
8 JUDGE GROSSMAN: And that would be Mr. Flynn?
9 MR. TREBY: That is correct.
10 JUDGE GROSSMAN: That's fine. Okay. Now, a 11 ten minute recess.
12 (Whereupon, the hearing is recessed at 2:22 p.m.,
13 to reconvene at 2:31 p.m. , this same date.)
14 JUDGE GROSSMAN: We are back in session.
15 CROSS EXAMINATION 16 BY MS. ROREM: (Continuing) 17 Q Mr. Butterfield, in the time botween when an '
18 accident begins to occur and the sirens are sounded, is there l'
any provision for informing people who may be coming into the 20 area?
21 MR. FLYNN: Objection. It's beyond the scope of 22 the contention. This. deals with events at the time of an 23 accident.
24 neseneres neae, sees, Inc.
JUDGE GROSSMAN: Sustained. i 25 MS. ROREM: Could I speak to the objection?
i i .iisi.
480
)l0 -SueW ) JUDGE GROSSMAN: Yes, you may.
2 MS. ROREM: I just want to say I'm talking about 3
the time before it's declared an accident, and we are talking 4 about pre-accident notification.
5 Okay. Finn.
6 Jr1DGE GROSSMAN: If *e are going to get into a 7
discussion of Descartes now whether something is something 8 without anyone affirming it --
9 (Laughter.) ,
10 It's still sustained.
11 BY MS. ROREM: (Continuing) i 12 Q Mr. Butterfield, has Commonwealth Edison done any-(3
_) 13 thing to attempt to reach those people who rent or are vaca-14 tioners or transients within the EPZ who are not billed for 15 their electricity?
16 A Yes. Excuse me. Our program to develop the l l
17 mailing list includes not'only those people, those addresses 18 we have who are billed for electricity, but also is compared 19 against the list of hook-ups that we have.
20 If there is a difference, then we mail the brochure 21 to both parties, the party who gets the bill and the party 22 who is at the address of the facility, of the house.
23 There is one -- as indicated in my testimony, 24 h.e reconn., inc. there is one class of person and those are the people on the w
25 reservation of the Arsenal wh'o we have also picked up. So, f
L
481 l l i
- 10-8-SueW y we think we have picked up everyone living in the EPZ.
O 2 0 You do discuss in your testimony the persons resid-3 ing at the Arsenal, or within the Arsenal property, but you 4
do not address the issue of others within the EPZ who are 5
n t billed directly; is thht true? ;
I 6
A In the Answer to Question 14 on Page 12, I talk 7
about a complete mailing list will be developed. I don't 8
indicate the methodology used to develop that mailing list.
9 But that ic the way, I'm telling you now, that in that 10 methodology it in fact does cover what we consider to be .
ij all the perturbations to the standard, what you would consider 12 to be a standard mailing list.
- "h
(_) 13 That is the people living there who are billed ja there. As a matter of interest, we get comments back from l 15 people who are on vacation or live in Arizona, out of state. I 16 This is not an unusual situation.
37 0 Mr. Butterfield, isn't it correct that there may 18 be households in which -- which are comprised of more than i 19 one adult and only one adult will be receiving the bill or ,
20 receiving the brochuro because that's done through billing? l l
21 A If there is a house with one meter, one address, i 22 one person, whoever that person is, would get that brochure.
23 May I ask you a question? Are you indicating that I
there would be multiple apartments in one building with one --
h 24 25 0 I'm not indicating'-- I'm not talking about apartments.
I
482 I ' -9-SueW I A Okay.
2 O I'm talking about households.
3 A Okay.
4 Q In what way do you assure that all residents of 5 the household will road and understand the brochure?
6 You have no assurance that all such residents of 7 a common household will receive the brochure, do you?
8 MR. FLYNN: Objection. There are two questions.
9 JUDGE GROSSMAN: Yes, one question at a time.
10 MS. ROREM: I'm sorry.
II JUDGE GROSSMAN: I think he in trying to answer 12 the first question. j K--- 13 WITNESS BUTTERFIELD: I have a small mind, so ono I4 question at a time helps.
15 But in the brochuro, on the front page, we toll 16 people that we are providing this booklet to them. We ask l I7 them to share it with members of the household.
18 Wo have no right to require, to enforce them to do 39 this. I would assume that persons living under one household 20 at least communicate to como extent and, therefore, this would 21 be discussed.
22 BY MS. ROREM (Continuing) l l
23 !
Q Isn' t it true that sometimes those households 24 are compriced of people who are not related to er.ch other?
wr.s n.non..., Inc.
25 A I don't know.
483 I
I
- 10-10-SueW ; O Mr. Butterfield, to reiterato, Commonvaalth Edison did not do any illiteracy studics?
t 2
3 A To my knowledge, that's correct.
l 4 Q And Commonwealth Edison did not do any studios l
5 to determine who would not be able to road the brochure? i 6 MR. GALLO: Objection. This line has boon asked 7 and inquired into. It servos no purpose to continue.
g JUDGE GROSSMAN: Sustained.
9 BY MS. ROREM: (Continuing) to Q Mr. Buttorfield, within the brochuro is there any 11 provision given for informing the illiterato?
12 A No.
f la Q I would like to clarify a few things about the 14 radioactivo plume.
15 Thoro is no section of radioactivo plumo in 16 Section 8; in this true?
17 A Thoro is no specific discussion, that's correct.
18 Q And thoro is no mention of a radioactivo plume 19 anywhere in the book, is thoro, Mr. Butterfield?
20 A Thoro is one, what I will call, oblique reference 21 to it. In Section 4 where the map la, in the contor of tho 22 book, there is ar. item under the last bullet, in an omorgency 23 stay tuned to. The following paragraph, the last sentonco 24 says: Other routes than those above may be given on tho 9e cnmeme. Inc.
,w s .
25 i I
radio depending on road and on'vironmental conditions.
I
l 484 l 11 0 -SueW I The reason that's in there is because you chose i 2
that depending on environmental -- and, by the way, we are ,
3 intending to change that word to, in the future, weather l
. l 4
because it is more understandable than environmental condi- l 5 tions, to weather conditions. I 6 It -- in my opinion, that implies that in one 7 direction or another because of plume or other weather 8 problems.
9 Q Mr. Butterfield, in there a difference betwoon --
END #10 10 JoD W flwa 11 12
,m i
14 I 15 16 17 18 '
19 l
20 21 .
22 23 ill 24 25 i
485
- 1 -JooWal 1 MR. GALLO: Objection. I would like to --
2 MS. ROREM: Excuse me.
3 MR. GALLO: -- have the witness permitted to 4 complete his answer. -
I 5 MS. ROREM: Mr. Butterfield is not answering --
6 MR. GALLO: Objection.
7 JUDGE GROSSMAN: I believo Mr. Butterfield had 8 completed it.
9 WITNESS BUTTERFIELD: I believe I had, yes.
10 JUDGE GROSSMAN: Okay, fino. You may proceed, II Mrs. Rorem.
12 BY MS. ROREM: (Continuing) 13 Q Mr. Buttorfield, is there a difference betwoon 14 weather conditiors and radioactivo plumes?
15 A I guess I don't quito know how to answer that.
16 Assuming a radioactivo plume exists, which would be the 17 reason you would have an evacuation or shelter condition, 18 its position and location depends upon weather conditions.
19 I am sorry. I don't know how olso to --
20 0 Mr. Buttorfield, you said thoro was an obliaue 21 reference to radioactivo plumes in that paragraph. You then ;
22 said that the phrase environmental conditions encompassed 23 radioactivo plume.
24 A Yes.
.w. r.w.i nepo,mi, inc.
25 ! O In there a difference betwoon a radioactivo plumo I
l ll
ll-2-Jo W31 486 !
s I and the usual environmental conditions?
2 MR. GALLO: Objection. Asked and answorod, and 3 irrolovant to the ionuo. Mr. Buttorfield has explained his 4 understanding of the use of the term. Mrs. Rorem is just
. i 5 arguing with him.
6 JUDGE GROSSMAN: Yes. I think you are being 7 arg umenta tivo . I believe the witness mado clear his undor-8 standing of what you -- of what your question requiros.
9 DY MS, ROREM: (Continuing) 10 0 Mr. Buttorfield, in it true that during an 11 omorgency, cortain routcs will be given as the onou to take 12 becauno of a radioactivo plumo?
13 A You.
14 0 If you have not mentioned radioactivo plume, and 15 peoplo noo the phraco, 'woather conditions,' in the book, 16 and are instru cted to tako one routo rather than another, 17 look at what they considor to be weathor condition, and 18 believa that they can outrun something in the very direction 19 a radioactivo plumo in travoling, they have no roanon, do 20 they, to take the route which in told them to tako on the 21 radio.
22 If they have been given no information --
23 JUDGE GROSSMAN: You havo ono question thoro.
-s I I thought that was a very convoluted 24 MS. ROREM:
brases cesion.,,, Inc. '
25 question.
ll-3-JCJ W21 4g7 1 WITNESS: The Stato makes a recommendation, 2 an evacuation route. No one has control of the people leaving.
3 If they make their own docinion in conflict with that, they ,
4 can do so.
5 We have no way of controlling -- excuco me -- tho 6 Stato has no way of controlling that.
7 DY MS. ROREft (Continuing) 8 0 Mr. Duttorfield, wouldn't it help peoplo to 9 underutand why they woro expected to take a routo that was 10 given thom in information over the radio if they understood 11 all of the conditions which go into someono making a docinion 12 about ovacuation routo?
13 A It curtainly would. Now, tho --
Id 0 You anoworod my quantion.
15 A May I answer pleaso?
16 JUDGE GROSSMAN: You, you can completo your 17 answer.
18 WITNESS: I do not know what the EDS massago would 19 be undar thono conditiona. I havo soon the standard monaages, 20 and I don't know, and I will havo to review them now to soo 21 if it opucifically indicatos pluro. I don't rocall whethor 22 it doon or not.
23 But it would not bo part of thin omorgency
. 24 information brochuro to doncribe the monnagon to bo given 25 specifically.
I il
11-4-J::W21 488 ,
1 MS. ROREM: Judge Grossman, I move to strike that 2 answer, because it is beyond the ccopo of my quantion.
3 JUDGE GROSSMAN: Well, lot's aco if we can got 4 a ronponsivo answer to what I think you are driving at.
5 I believo the quantion is directed at asking 6 wouldn't the public respond -- be more ronponsivo to 7 following the routoo given on the radio if they woro modo 0 aware of the fact that thoro is more than just weather 9 conditiona involved, but that thoro in also radioactivo 10 plumo which they ought to considor in following those 11 directions.
12 WITNESS: In my opinion, you.
13 MS. ROREM: No further questionn. Thank you.
14 JUDGC GROSSMAN: Mr. Flynn?
15 MR. FLYNN: Thank you, Your lionor, I did have a 16 few quantionn.
- XX INDCX 17 CROSS CXAMINATION 18 DY MR. FLYNN:
19 0 Mr. Buttorfloid, I think you atarted to explain 20 how the configuration of the plumo dopondu upon weathor 21 conditionn. Would you caro to olabo.ato on that?
22 A Direction of the plumo obviounly follown tho 23 direction of the wind.
24 MR. GALLO: Speak up, I can't haar you.
..~..c.-....-
25 WITNESS: I am carry. The direction of the plumo
11-5-J:3bl 489 I obviously follows the direction of tho wind.
2 The planning for omorgencion covers that in great 3 detail as to where the moanages are given, and to what actions 4 to take.
5 So, on that bania, it is very dependent upon 6 the weather.
7 0 You are telling us than the weather in tho 8 primary factor to bo taking into account in deciding ovacuation 9 routon?
10 A Yoo, it in.
II O To chango subjects, what offorto han Commonwealth 12 Edinon mado to onouro the roadability of the brochuro?
13 A An you woro aware, tho brochuro has buon throuch 14 novoral iterations at other plant nitou. An wo havo ravised 15 it each timo, peoplo inder my dire ction havo oval.uated it, 10 or tried to ovaluato it --
17 MS. ItaltCtt: Objection. Thin in beyond tho acopo lo of my queationing.
19 JUDGC GROSSMA!!: Okay. Thin in otill cronn-20 oxamination rathor than redirect. Wo havo a number of bodion 21 horo, and it in not alwayn tho way it appearn.
22 llowevo r , legitimato objection could bo that it 23 in outsido the scopo of the direct tuntimony if that woro 24 the cano. Ilut it appearn not to bo the caco.
.....c.-...,..
25 ' gn, g LYtitle Mr.11uttorfield, you worn intorruptod
11-6-JacWal 490 1
~'
, I in the middio of your sentonce.
~
2 Do you remember what you said.
3 JUDCC GROSSMAM: Why don't you repeat the 4 quantion?
5 MR. FLYNN: Very well.
6 B Y MR. PLYMN: (Continuing) 7 0 My quantion was What o f forto has Commonwealth 8 Edison mado to oncure tho readability of the brochuro?
9 A As tho omorgency information brochuro han evolved 10 to its procont atato, personn under my direction havo 11 reviewed it for readibility, and have tried to make changon 12 an they felt would mako it more clear and roadablo to the 13 pooplo to whom it wan intended to ho cont.
14 0 llan that offort influenced tho amount of dotsil 15 proconted in tho brochuro?
16 A Not to any great extent to my knowledgo. It in 17 primarily to niraplify tho worda, to mako it moro cicar. To 18 provido standout featuron. Mako it more appealing, moro 19 roadablo.
20 0 In Mn. Rorom'n cronn-oxamination, oho rainod tho 21 quantion about how it might bo that trannionto would havo 22 tho brochuro mado availablo to thom.
23 I would 11ko you to addronn that. What in CCCO'n 24 plan to mako tho brochuro availablo to trannientn?
Ae rm .e cemn.... iac.
25 A Thin quantion in 'covored nomowhat undar my tuntimony
11-7-Jo Wal 491 !
) in quantion 16, starting on page 13. We take multiple copics v
2 to the various arcan where transients would be expected to 3 bo, and give them to the person or persons in chargo, and 4 requent that they mako them available to discuns with them the 5 nood for it, what those brochures moan, and try to be availablo 6 to annwor any questions they may havo.
7 JUDGC GROSSMAN: Excuso me. Ms. Rorem, just to 8 clarify the acopo can bo both within what you questioned about 9 and the direct tontimony that in prononted.
10 In other wordu, FEMA can now ank about either of 11 those two areau. So, if it in outnido both of thono arcan 12 you have a legitimato objection, but if the queationing in 13 within the paramotorn of what you ank and what wan proconted 14 by Applicant, then Mr. Flynn may ask quantiona on oither of 15 thone two aroan.
16 MS. ROREM: Could I havo ano moment, pleano?
17 JUDGC CROSSitAti Yon.
18 !!S . RORCM Thank you very much, Juduo Gronnman.
19 MR. PLYt!?l I havo no other quantionn on cronn-20 oxamination.
21 JUDCC GROSSMAt!: Mr. Gallo, rodiroct?
22 MR. GALLO: Aro thoro Daard quantiona, or do you 23 want mo to conduct redirect firnt?
) 24 (Board conforn.)
9 rate,et remeteen. inc.
25 JUDGC GROSSMAti No pro for that you go firnt, and 1
11-8-joa W31 l i 492 s
1 if thoro are any loose ends after that, than we will have !
2 questions.
f l
XX INDEX 3 REDIRECT EXAMINATION 4 BY MR. GALLO: l 5 0 Mr. Dutterfield, turn to Section 8 of the booklet, 6 and focus on the sentonce in the second paragraph that talks 7 about the safe application of radioactivo matorial. Do you 8 000 that santonce?
9 A You, sir.
10 0 What did you have in mind when this santonce 11 was written with respect to safo application of radioactivo 12 matorial?
13 A Commonwealth Edison Company han opent a great deal 14 of timo and offort in developing its nuclear power plants.
15 Wo have a lot of experience with the nafo operation 16 of thono planta. Wo all hevo personal friendo who havo boon 17 involved with modicinal usagon of radioactivity. This in 18 aimply a ntatoment to nay that thoro han bo n a lot of nafo 19 application of radioactivo matorial. It in banically an simplo 20 l au that.
21 0 I bolinvo you rosponded to one of Mrn. norom'n 22 quantionn in which oho anked it whother or not the booklot 23 contained information concorning roontry proceduron.
24 And I boliovo that you ronponded to that quantion re v w s cowners, ene.
25 that tho booklot did not can'tain any information concorning
ll-9-Jo W21 i
3 1 reentry proceduros. 493 2 Can you toll mn why not?
3 A The brochuro is essentially designed to inform 4 people of what to do in the event of a nuclear accident, 5 and to got them out of the area. Tell them how to got out.
6 It is a condition under which people must move in a rapid, 7 coordinated way.
8 Roontry, on the other hand, takes place over a 9 longer period of timo, and is dono truly at the direction of 10 the Stato af ter they have datormined, through their technical 11 people, that it is, in fact, safo to do so.
12 It is not properly the subject of an omorgency 13 ovacuation-typo brochuro.
14 0 Mrs. Rorem asked you a question with respect to, 15 I believo, the handling of poto. In particular, she asked 16 you whether the booklet contained information telling 17 trannientu what to do with their pota, and I believe that 18 you annworod it did not.
19 Can you explain to mo why that kind of information 20 in not in the booklot?
21 A By dofinition, trannients havo como in and when 22 they are fininhed with their activition will loavo.
23 Thoroforo, they would havo placon to go; back whero 8
i
, 24 they camo from, or on to thoir next location.
at ai.e.e c no,i.,i, w 25 It in not expectod' that largo number of trannionta, I
c 11-10-Jo Waf 494 l
~
1 in my opinion would be going to relocation centers. ,
2 In fact, depending upon where they going and 3 what they are doing, they may be out of the location under ,
4 the normal plan of events, whatever their plan was.
5 This brochure is specifically set up in terms 6 of what does the homeowner do, or the person living in the 7 area, who needs to know that if he shows up at a relocation 8 conter with a pot, the pet will not be accepted.
9 0 Ms. Rorem asked you a question concerning whether 10 or not the booklet should contain information concerning 11 the respiratory protection, and you indicated in response 12 to that question that the State had looked into the matter, 8 13 and so had Commonwealth Edison.
14 Do you know what the position of the NRC Staff is 15 with respect to inserting respiratory protection information 16 in the booklet, or in any booklet?
17 MS. ROREM: Objection. The opinion of the NRC 18 Staff is not under question right now.
19 JUDGE GROSSMAM: If the NRC has a position on 20 this, we wouldn't consider that to be in the realm of somcone 21 else's opinion that he is testifying about, so we overrule 22 that.
23 Do you know if the NRC does have a position, and 24 what is that position?
.weentnei cnetters, Inc.
25 WITMCSS: As I recall, that position is that they
ll-ll-Jo: Wal 495 i
" agree with our position, that it is not required to be part 1
4 of the public information brochure.
3 JUDGE GROSSMAN: And how is this position by the 4 BRC expressed? Are you speaking just from your personal 5 knowledge of someone else's opinion, or is there a "public 6 position that you are referring to now?
7 WITNESS: This would be personal knowledge, not 8 a public position. I do not recall reading one.
9 MS. ROREM: Based upon that, I move to strike 10 that.
11 JUDGE GROSSMAN: Nell, we will reverse o trselves 12 on that and strike that. Mr. Gallo, you certainly can ask 13 the Staff when they have their wi.tness on.
14 MR. GALLO: Yes, I understand that, Your Honor.
15 WITNESS: Excuse me. Judge Grossman, I as'sume you 16 meant NRC and not FEMA. Dif ferent organizations.
17 JUDGE GROSSMAN: I thought we were covering both 18 organizations, but it appears that -- is the answer any 19 different with regard to one as to the other? Is there a 20 public position of either of those agencies with regard to 21 that matter?
22 WITNESS: Yes. As I recall, in the other documents 23 that I have read on the other ASLB decision, it was a -- I o
- (, 24 believe it was a FEMA specified condition -- statement that
- 4. Foi.,;; c porters, Inc.
25 it was not required.
i l
ll-12-JoEW21 496 l 1 I am sorry I don't have the direct reference at 2 hand.
3 BY MR. GALLO: (Continuing) 4 Q Mr. Butterfield, let's talk about this radioactive 5 plume.
6 Ms. Rorem asked you whether or not the term was 7 used in Section 8 concerning radiation, and you responded 8 no, because that was not the purpose of Section 8.
9 Chn you explain the basis for that statement?
10 A Section 8 is put in there to explain in very, very 11 basic terms what radiation is, and the fact that it can 12 adversely affect people.
13 It was not put in there to relate specifically to I.4 discharges from the power plant under accident conditions.
End 11. 15 MS fols.
16 17 18 19 20 21 22 23
/ 24 As Federal Ceporters, Inc.
25 6
497 S 12-1 1 Q Section 4 was another section that was the focus 2 of-Ms. Rorem's questions on the radioactive plume, and I 3 want to ask you Ms. Rorem's question point blank.
4 Should Section 4 or some other section in the book-5 let explain that, among other things, evaduation is dependent 6 upon the direction that a radioactive plume might move?
7 A In my opinion, it would probably ---
8 MS. ROREM: Objection. I have asked that question 9 and it has been answered. This is a reiteration.
10 JUDGE GROSSMAN: No. I believe I asked that Il question, but not exactly that question.
12 (Laughter.)
, (_j 13 The question now is should the booklet include that, 14 and hopefully we will get a responsive answer.
15 THE WITNESS: Judge, I was hoping it would be 16 stricken.
17 (Laughter. )
18 Actually it would probably make the brochure 19 clearer to.those who were uninitiated to the operation of 20 nuclear power plants. On that basis I would have to say 21 that it would probably help, yes.
22 BY MR. GALLO:
23 Q With respect to Section, Ms. Rorem asked you i (O 24 some questions concerning the last bullet on the page that
%e-FW) Reporten, Inc.
25
~
l discusses about the amount o'f time that one should plan to i
498 Siml12-2 s
1 away from home in the event of'an evacuation.
\ 2 Do you know why two days was selected as the time 3 period of inclusion in the booklet as opposed to some other i
4 time?
5 A I don't know. -
< 6 Q Ms. Rorem asked you a' series of questions about the 7 distribution of the pamphlet in using the mailing process, 8 and in your testimony you indicated that comments had been 9 received from as far away as Arizona. Can you explain to
. 10 me what you meant when you made that reference in terms 11 of the mailing distribution within the 10-mile EPZ at 12 Braidwood?
13 A What I was trying to indicate was that in some 14 cases the mailing address is signicantly different than 15 the address of the hookup, and that there has been enough 16 interest in the distribution of these borchures that where 17 applicable persons from out of state have responded 18 indicating that we are in fact I think meeting our commitment i
19 and our job.
20 Q I don't understand how the person in Arizona gets 21 the. booklet.since you are mailing to the people in the EPZ.
22 A Either this person has his mail forwarded or in 23 fact on the billing it is billed to an absentee landlord,
(
, ActFU}
24 I guess Reporters, Inc. you would call it.
25 Q Well, in the event of an absentee landlord, what
499 Sim 12-3 1 assurance is there that the resident at that particular 5l 2 building in fact gets the booklet?
.3 A As I previously indicated, our methodology for 4 coming up with a mailing list, for developing the mailing 5 list would. find that there is an address with a meter and 6 there is a mailing address that is different. We would 7 send the brochure to both addresses.
8 Q So that the actual resident at the residence would 9 receive the booklet; is that correct?
10 A That is correct.
11 Q Can you explain to me why emergency planning 12 authorities simply don't require everyone to read the book-f 13 let and follow its directions?
14 A It is my understanding that we can't force anyone 15 to do anything.
16 Q And why is that?
17 A Our country and our government is set up that 18 way.
19 0 Is that because we live in a democracy?
20 A That is a good way of putting it, yes.
21 MR. GALLO: No further questions.
22 JUDGE GROSSMAN: Ms. Rorem, you may. recross 23 now within the scope of the areas covered by Mr. Flynn and :
1 24 by Mr. Gallo on redirect.
(\
Ace-F_J Reporte s, Inc.
25 RECROSS-EXAMINATION (NDEX
500 Sim 12-4 1 BY. MS. ROREM:
2 Q Mr. Butterfield, if you have an address which is 3 both a mailing address and it corresponds to -- or a billing 4 address and it corresponds to a service address, you will 5 be sending out one brochure; am I correct?
6 A Yes.
7 Q Mr. Butterfield, if the person who is being billed 8 is having his mail forwarded to Arizona, and someone else 9 is living at the house, will that person receive a brochure?
10 MR. GALLO: Asked and answered on my redirect.
11 MS. ROREM: No, it wasn' t.
12 JUDGE GROSSMAN: I don't believe it has been 13 fully answered, Mr. Gallo.
14 THE WITNESS: Let me make an example and see if 15 this is what you are trying to say so I can understand it.
16 If I am living in the EPZ and my billing address 17 and my mailing address are the same, and I go to Arizona 18 for the winter, and I have somebody live in the building 19 in my house while I am gone, will that person get one, 20 assuming I have my mail forwarded. The answer is probably 21 no, they would.not.
22 MS. ROREM: Thank you.
23 BY MS. ROREM:
24 Q Mr. Butterfield, you stated that weather is a Ace-E. J Reporters, Inc.
25 primary consideration in establishing evacuation rcztes; is
501 Sim 12-5 j this correct?
7s, k- 2 A That is correct.
3 Q And this is a consideration for planners prior to 4 an accident, as opposed to the public at the time of an 5 Ovacuation; is this correct? -
6 A Would you repeat the question?
7 Q This is a consideration for planners for planning 8 evacuation routes prior to an accident rather than the 9 public evacuating at the time of an accident, correct?
10 MR. GALLO: Objection. The question is simply 11 not understandable. I don't know what "this" is that she 12 is referring to.
13 BY MS. ROREM:
14 Q At the time that this brochure is put together 15 and principal routes and destinations are marked out; in 16 other words some routes are established, weather is not 17 a consideration, is it?
18 A That is correct.
19 Q So weather is a consideration at the time that 20 an accident occurs?
21 A Correct.
22 O It is a consideration for the person who plans l
l 23 what~ routes will be taken by the public, correct?
j ( 24 A I am sorry. I am really having a hard time with po-FW} Reporters, Inc.
j 25 the last part. I apologize, but I am missing something.
- c. 1 1
1 502 Sim 12-6 i Q To the public weather conditions do not matter 2 when they are reading the brochure, correct?
3 A Yes.
4 Q Weather conditions are important to the people 5 who plan evacuation routes at the time of an accident, -
6 correct?
7 A Yes.
8, O So they can send people in a direction away from 9 a radioactive plume, correct?
10 A Correct.
11 MS. ROREM: No further questions, Mr. Butterfield.
12 Thank you.
j 13 JUDGE GROSSMAN: Mr. Flynn, recross?
14 MR. FLYNN: I have nothing further, Your Honor.
15 JUDGE GROSSMAN: Mr. Gallo, redirect?
16 REDIRECT EXAMINATION 17 BY MR. GALLO:
INDEX ig Q If I understand your testimony, you have just 19 agreed with Ms. Rorem that weather is important to people 20 planning the evacuation route in terms of dealing with
( 21 the radioactive plume; is that correct?
l 22 A Yes.
23 Q So is the. matter of the radioactive plume of 24 more importance to the emergency planners determining the AcwF$ b Reporters, Inc.
25 evacuation route or is it more important to the people who
503 Sim,:12-7 might read the booklet?
j A Would you repeat the question?
2 3 Q Sure. I understand your testimony to be that the 4 emergency planners consider it important to determine 5
weather for purposes of dealing with the radioactive plume 6 as it travels from the reactor to determine the proper 7 ev cuation route.
A Yes.
8 9 Q And I am wondering if that is the importance of 10 that information as opposed to including it in the booklet 11 itself?
12 A Evacuation routes are planned to get people away 13 in all directions to cover all types of weather conditions 14 and therefore plume, traveling under the plume.
15 At the time of the emergency the people making 16 the decision on what the recommended routes are and where j7 to go use this information. The people who receive the 18 brochure would not use the information to find their 19 own evacuation route, if that is what you are trying to get 20 at. They are supposed to take the information that is 21 transmitted to them on the appropriate routes to take and 22 take them.
23 Q So information about the direction of the radio-24 active plume is used by the emergency planners?
Ace-F l Reporters, Inc.
25 A Correct. .
504 Sim 12-8 -l Q And do they resort to the booklet for that
_(
2 infornation?
3 A No.
-4 Q 'Where do they get their information from?
15 A They get their information transmitted to the 6 appropriate centers by the Commonwealth Edison Company via 7 the nuclear action reporting forms.
8 Q And what useful purpose is there for including 9 information about the radioactive plume in the booklet?
10 .A It was my understanding that Ms. Rorem was looking Il for a method of -- or an educational tool to inform people
~12 that the reason they are having to evacuate in this direction s
13 is that there is a radioactive plume involved.
14 Q And you believe that would be useful information 15 in the booklet?
16 A. On balance, yes.
17 MR. GALLO: That is all I have.
18 BOARD EXAMINATION INDEX 19 BY JUDGE CALLIHAN:
20 Q I have one question, Mr. Butterfield, because I 21 am confused about something in the record, and 2 don't want 22 to beat this poor guy down in Arizona to death.
23 (Laughter.)
24 But I understood you to say in your earlier testimony Ace-F 1 Reporters, Inc.
25 that you in effect sent a brdchure'to every ratepayer no
505 Sim 12-9 1 matter where he lives. I also understood you to say that 2 you sent in effect a brochure to every meter.
3 A Yes.
4 Q Which tells me then that the guy who pays the bill 5 and isn't down in Arizona ~will get a brochure, but the people 6 who are living in the house who have got the Arizona guy's 7 meter, would also get a brochure? Is that true?
8 A Yes, he will also get a brochure.
9 0 I got that from your first testimony, but then when M, it came back up on recross, I heard something different.
11 So I just wanted to set it straight.
12 Thank you. That is all I have.
13 JUDGE GROSSMAN: Well, I don't think it sets it 14 straight for me.
15 (Laughter.)
16 BOARD EXAMINATION 17 BY JUDGE GROSSMAN:
18 Q Now the person who was moved to Arizona presumably 19 is still paying the bills at that residence. Now how do 20 you know that there is someone else there who ought to 21 receive a brochure?
22 A Our list knows which meters are active. Our 23 methodology knows which meters are hooked up. If the meter 24 is hooked up and is still there, there is an attachment, we
' Ace-F l Reporters, Inc.
25 will get a brochure to that 16 cation.
1 i
1
506 JUDGE GROSSMAN: Did you have a question on this, 1
_Sim 12-101
/ T kI 2 Ms. Rorem? j l
3 MS. ROREM:- Judge Grossman ---
4 JUDGE GROSSMAN: Well, let me ask another question.
5 BY JUDGE GROSSMAN:
Q You don't send two brochures to each residence, 6
7 do you, one because there is a meter there and, secondly, 8
because there is someone paying a bill?
9 A No, sir. The program that we use, the methodology 10 that we use is smart enough to determine if there is a 11 difference. If there is not a difference, they get one 12 brochure to the mailing address. If there is a difference 13 between the mailing address and the meter address, they 14 would get two brochures, one to each location.
15 Q Well, how are you smart enough to pick that up if r.
16 the change of address is in the Post Office with regard to l
j7 someone who has moved to Arizona.for a few months and has l- 18 sublet the apartment or the house?
l 19 A I am not a computer programmer, so I cannot describe 20 to the intricacies.of the system that does this, but I have 21 been assured by the people who do this that the program is 22 smart enough to pick up.the -- first, we have a list of all 23 the meters, the addresses. If there is a difference, it sees
( '\ 24 that difference and puts that out separately and we mail to Ace-FLil Reporters, Inc.
25 both locations. .
, - - - mu
507 BOARD EXAMINATION S!'~il 2-11
(_) BY JUDGE COLE:
2 0 I just have a couple of questions, Mr. Butterfield.
3 JUDGE GROSSMAN:
We will come back to you, Ms. Rorem, 4
if y u have some follow-up questions o this.
5 BY JUDGE COLE:
6 Q One page 1 and 2 of your testimony you describe your 7
department. You are Manager of the Nuclear Services 8
Technical Department, and that is at the corporate level, 9
right, sir?
10 j;
A That is correct.
0 And you also state that there are three groups 12 0 13 in y ur department, and the group that you spend most of your
- j time talking about in this testimony is the emergency 15 Pl anning group.
Yes.
16 .A Q How large is that group, sir?
j7 A I believe it is about 21 people.
end Sim 18 Sue fols 19 20 21 22 23 O
N 24 AcFFederal Reporters. Inc.
25
508
- 1 SueW ] Q Do they wear other hats than emergency planning, 2 or are they dedicated to emergency planning?
3 A They are dedicated to emergency planning.
4 Q Now, how many plants do you have under your wing ;
5 with respect to making the arrangements for emergency plan-6 ning? ;
7 A All of the plants within the Commonwealth Edison 8 system which would be the sixth site.
9 Q The sixth site? All right, sir. :
10 A Yes, sir, i 11 Q Thank you. At the bottom of Page 2 of your ,
12 testimony, you refer to Joint Public Information Centers.
)
s_/ 13 Could you tell me something about them, sir? Are 14 they built by the Licensee or is that a joint project between i 15 State and local and municipality?
16 What is the general arrangement there?
17 A In our Company, the Joint Public Information 18 Centers are with the emergency off-site facilities and are 19 owned by the Commonwealth Edison Company. ,
l 20 Q All right, sir. Thank you.
21 A Th.ere'are other companies I understand where 22 they are separate, different, owned by the State or whatever.
l 23 Q All right, sir. l
) 24 JUDGE CALLIHAN: Are they also staffed by j (m rensi neporms. W. '
25 Commonwealth Edison? '
509
)l3 -SueW i WITNESS BUTTERFIELD: Joint Public Information 2 Centers?
3 JUDGE CALLIHAN: Yes.
4 WITNESS BUTTERFIELD: During an event, there will 5 be people from the Company and the State and the Federal 6 agencies there. !
i 7 BY JUDGE COLE: (Continuing) ;
8 O Sir, on Page 3 and 4, you detail some of your 9 experience in emergency planning exercises, indicating that 10 you participated in at least one drill exercise per year for l 11 thelastsixyearsandyouwereacontrolleratotherexercises).
12 What does a controller do, sir, at these other s 1
) '
13 exercises?
14 A When we have an exercise, we have the people that i
15 are actually in the exercise, and we have controllers who '
16 are used to provide information and monitor the operation of 17 the exercise, provide information if something goes wrong, if i 18 you miss a time or something is missed, take notes and act l
19 like a monitor and auditor of the exercise itself.
1 20 0 All right, sir. Thank you. ;
21 Getting back to the subject of customers and 22 receiving booklets, is -- as far as you know, are there any l i
23 other companies serving electricity in the EPZ, or is I
[~\
\j 24 Commonwealth Edison the only server of electricity?
W-Federal Ceoorters, Inc.
25 A I don't know for sure. I think Commonwealth is the
510
$1B "-SueW 1 only one, but I have not asked that question.
2 O You have no knowledge of any other company?
3 A No. In fact, let me state for the record that we 4 are the only utility outside of the Arsenal that serves 5 electricity in this particular EPZ.
6 Q In order to serve electricity, you have to have 7 some authorization from the State, do you not? !
i 8 A I don't know the details of that.
i 9 Q All right, sir. i 10 A I do know there are boundaries. How they are set '
11 up, I don't know.
12 O
, In response to Question 16 and specifically on ,
(4 )
N_/ 13 Page 14, at the bottom of that page, in your first set of 14 testimony, you refer to the prompt public notification system.-
l 15 Could you describe to me just what is the prompt i 16 public notification system if it's something other than the f 17 siren system that you have?
i 18 A It is the siren system. i 19 Q All right, sir. And in that testimony you indicate l 20 that certain, apparently certain of these siren systems can {
21 be, or have been, modified to provide for some input other than!
22 the siren signal? ;
23 I A Yes, sir. These are called electronic sirens. Theyi
.)
24
( j n Federal Reporters, Inc.
have PA capability, public address capability, as well as 25 siren capability.
511
3 Or is it -- do you know of any instances where 4 it is in fact installed with the public address system 5 capability?
6 A Yes, sir. There are twenty-three of them I believe 7 in the Braidwood EPZ.
i 8 0 What was the basis for selecting that capability? l l
9 A In general, these are located in areas such as i
10 parks, recreational areas where transients may be. Working '
11 with the State, there had been indication that they would like 12 the capability for public address. ,
i i Lms 13 And so it turns out that we provided this capability.
I 14 Q So, this is something that you worked out jointly i 15 with the State?
16 A Yes. ,
17 JUDGE COLE: That's all I have. Thank you very 18 much.
19 JUDGE GROSSMAN: Ms. Rorem, further cross within 20 the scope of questions asked since the last time you had a shot:
21 at it.
22 MS. ROREM:. I still have some questions about the
\
23 multiple mailing.
24 RECROSS EXAMINATION !
O n F e w d R a m n us,l m.
j BNDEXX 25 BY MS. ROREM: I i
1 L
512
- 5-SueW I Q My mailing address is Box 208, Essex. My billing 2 address is 117 North Linden, Essex. j i
3 Wil: . receive a brochure? Will I receive two l 4 brochures?
5 MR. GALLO: Objection. I'm not sure whether the 6 witness knows whether or not Ms. Rorem lives within the EPZ.
7 MS. ROREM: Excuse me.
8 BY MS. ROREM: (Continuing) 9 I live within tha EPZ. I live approximately five '
Q 10 miles from the Station, two miles from the border.
II Will I receive two brochures?
i I2 A I don't know. !
7, I' '
.) '
13 This is what I thought Dr. Callihan was asking Q l Id about. Where I live, we do not have mail delivery. We have i 15 P.O. boxes.
i 16 If I go to Arizona for three months, they will h 17 forward all of my mail. So I may receive two brochures in 18 Arizona. f 19 A Only if you were going to receive two brochures 20 in Illinois.
21 Q Only if I was going to receive two brochures in 22 Illinois. But what I'm trying to say is that my -- the fact i
23 that my sister may be living in my house and receiving mail
( 24
{
i' J' Ace-Federj Reperters, Inc.
through general delivery, because she is not my box number and .
25 my box mail is being forwarded to Arizona, doesn't necessarily 1
. . _ . . _._ . m - _ _ _ . ._- _ _ _ . _ . _ -_ .__ _. _ .. _ . - - . __ _ _ . . _ . _
513 l-I 6-SueW- I' take care of.the condition of residents being mailed their 2 brochures. j 3 MR. FLYNN: Objection. l t-
.' 1 4 JUDGE GROSSMAN: The question is whether her sister.
5 under-those circumstances would receive any brochures.
6 BY MS. ROREM: (Continuing) 7 Q Or whether a resident, someone living in a place, i
8 yes.
9 A. A' person living in your house, assuming all
' 10 utilities and things stayed the same, would not receive a 11 . brochure. There is no way for Commonwealth Edison to know -
t
- 12 that you have someone else living in your house.
13 - MR. FLYNN: Your Honor, even though the question f 14 'has already been answered, I want to note my objection to I i
15 Ms.,Rorem's preparatory statement she made. She gave three f
f 16 or.four sentences of testimony there. I i
- 17 I move that that be striken. I' 18 JUDGE GROSSMAN: Overruled. That'was just' prefacing 19 a question to an expert witness.
20 Does anyone have any further questions with regard-l 21 to questions asked since the last time they asked questions?
l- 22 MR. GALLO:. I have two questions, Your Honor.
f I
23 JUDGE GROSSMAN: All right.
[
24 REDIRECT EXAMINATION Ase-reseres neoorters. Inc. ,
25 BY MR.'GALLO:
fNDEXXf l
r ,-c,- w ,- -r,-, ,,, ,, . - , .- -,-,,,,,- ,-, -, ,,,,,-.,.#w._,,--,,,n ,,,,,,,,,,,yy,y --%,-,r,-,.--,, ,,,.--,%. , . - , , , -ee, - - - - 9 m=--,,,r
I i
514 i i L W 57-SueW 1 Q In response to a question from Judge Cole, I l Y 2 I believe you indicated that there are twenty-one employees i'
l 3 of Commonwealth Edison working on emergency planning matters.
4 Are these members of your staff? '
5 A Yes, they are.
6 Q Are there other employees in the Commonwealth ,
7 system also working on emergency planning? !
8 A Yes. There is one person at each site who is i 9
reporting to the site but functionally works with us in 10 emergency planning matters for'that site.
" Q Let's return to Ms. Rorem's hypothetical situation -
12
. ,.s where she is in Arizona and receives either one or two l
/
V) I3 copies of the brochure and has her sister living in her house I#
in the interim. l 1
15 Do.you think it would be incumbent upon Mrs. I 16 Rorem to see that she got a copy of that brochure?
i i I7 A Yes.
f IO MR. GALLO: No further questions.
19 MR. FLYNN: I have no further questions.
O JUDGE GROSSMAN: Then, the witness is excused.
21 Thank you very much for testifying.
(The witness stood aside.)
' 23 Before the next witness, would you like a few 24 ,
minutes, Mr. Gallo?
25 MR. GALLO: That's all the witnesses I have, Your O
t 515
- 1' ':-SueW I Honor.
2 JUDGE GROSSMAN: I'm sorry. That's correct. That 3 concludes Mr. Gallo's case.
4 Mr. Flynn, would you like a few minutes your l 5 witness?
6 MR. FLYNN: Yes, I would appreciate that. !
7 JUDGE GROSSMAN: Why don't we take ten minutes, 8 then?
9 (Whereupon, a recess is taken at 3:32 p.m., to ,
10 reconvene at 3:43 p.m., this same date.)
'I JUDGE GROSSMAN: Back in session. Mr. Flynn, are :
12 cs you ready to present your witness?
?
I3 MR.FLYNN: Yes. My witness is Gordon Wenger, and i
I4 he has already taken the stand. He may be sworn.
15 (The witness is sworn by Judge Grossman.)
16 Whereupon, I7 GORDON WENGER 18 is called as a witness by and on behalf of FEMA and, having 19 first been duly sworn by Judge Grossman, was examined and 20 testified as follows:
21 -
DIRECT EXAMINATION .
l ENDEXX BY MR. FLYNN:
23 4
Q Mr. Wenger, will you state your full name and I
(
1 J 24 w.r)Mai neporters. inc. DU " " M "U 25 A My name is Gordon L. Wenger. I work for the !
i l
I
l 516
59-SueW~l Federal Emergency Management Agency. I am based in Battle
,#{d l
2 Creek, Michigan.
3 0 You have in front of you a document entitled 4 " Testimony of Gordon Wenger Regarding Rorem Contention 1(a) ."
5 Copies of this document have already been distribut1 l
6 ed to the Board and to the other parties. Can you tell us l
1 7 what that is?
8 A Yes. This is an update version of my testimony. !
i 9 It has been updated. There are minor changes involved.
10 On Pages 3, 8 and 9 there were terms that we used.
4 II It stated " requirements." That was incorrect. And the term 12 has been substituted and is " guidance."
(V) 13 JUDGE COLE: I'm sorry. What page was that, Mr. :
I4 Wenger?
i 15 WITNESS WENGER: 3,8. And at the top of Page 9, j t
16 according to a Board Order of 10/25, there was a change to f I
17 remove a phrase from that. Deleted was "A continual flow of 1 18 vital information to the public in the event'of an emergency."
I9 That was deleted.
i 20 MS. ROREM: What page is that on? ;
2I WITNESS WENGER: Page 9.
22 MS. ROREM:. I don't have a 9.
i 23 MR. FLYNN: I would like to dwell on that for just '
\ 24 I N/ a moment. l ha-Federd Reporters. Inc.
25 BY MR. FLYNN: (Continuing)
517
- T^'*;0-SueW I Q Just stay on Page 9. Why was the phrase deleted
\-.)
2 from the top of Page 9?
3 A The reason for that is because of conformance with 4
the Board Order of October 25th, 1985.
5 Q And then the other three changes which you 0
mentioned where the word " requirement" was changed to 7
" guidance" what was the reason for that?
fi 0
A It refers to the document, NUREG 0654, which is i-guidance and not requirements.
10 MS. ROREM: Excuse me. Your Honor, could I ask ,
for clarification on something?
12 When you are referring to Page 9, do you mean
'I3 Page 1 of Exhibit C? !
14 l JUDGE GROSSMAN: Page 9 of Mr. Wenger's prefiled j 15 testimony. , !
l 16 '
MS. ROREM:
I don't have a Page 9.
17 MR. FLYNN: Did I give you the wrong one?
18 MS. ROREM: None of my --
19 l MR. FLYNN: I'm sorry. Let me exchange that. j (Mr. Flynn is providing Ms. Rorem with other i 21 '
copies.)
22 MS. ROREM: Thank you. 1 23 MR. FLYNN: I'm sorry.
t 24 i w.phe)erenm.inc. MS. ROREM: Thank you. !
25 JUDGE GROSSMAN: To clarify it for the record,
518
- 1 1-SueW 1 the copies of profiled testimony that were distributed now 2 already have those corrections and deletions incorporated 3 so that you will not find that phrase on the top of Page 9.
4 Isn' t that correct, Mr. Flynn?
5 MR. FLYNN: That is correct. The problem here, 6 Your Honor, is that I had given Ms. Rorem the second version l i
7 of the testimony rather than the third. And I've cleared l 8 up that difficulty. ,
9 BY MR. FLYNN: (Continuing) 10 0 Now, Mr. Wenger, given the changes that you have II just described is there any other respect in which you would ,
12 !
wish to add to or change the testimony as it is now presented? ;
-' I3 A I do not wish to add to nor change.
Id MR. FLYNN: I would move at this time that the !
15 document which I have presented to you be admitted into 16 evidence and bound into the record as if read. !
17 JUDGE GROSSMAN: Admitted and so bound into the 18 record. l LNDE,XX I9 (The prefiled testimony of Gordon Wenger follows.) l 20 i
i 21 22 l 23 l ,
l
) 24 !
l ww.o cemrms, inc. l 25
W '
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
()
In the Ma'tter of ,
COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-456
) 50-457 (Braidwood Station, Units 1 and 2) )
TESTIMONY OF GORDON WENGER REGARDING ROREM CONTENTION 1(a)
I am Gordon Wenger, Emergency Planning Specialist, with the Technological Hazards Branch, Federal Emergency Management Agency (FEMA),
Region V. I have held this position for the last six years. I am the Federal Team Leader for Radiological Emergency Preparedness Planning for Illinois and Indiana. A statement of my professional qualifications is attached as exhibit A.
THE ISSUES The purpose of my testimony is to address Contention 1(a) of Bridget Little Rorem, which states:
Intervenor contends that an adequate emergency plan for the Braidwood Station should include the following:
a) a program for informing the public within 10 miles of the Station of the means for obtaining instructions for evacuation or other protective measures in the event of a radiological emergency originating at the Station.
My testimony will address two issues raised by Rorem Contention 1(a), that is, (1) the adequacy of the information booklet which is the vehicle for disseminating the information called for in the Contention W and (2) the adequacy of the plan for its dissemination (the public
W information program). In evaluating the brochure and the plan, I have referred to Evaluation Criteria II. G. I and II. G. 2 of NUREG-0654/ FEMA-REP 1, Rev. 1.
(])
Eval'uation Criteria II. G. I states:
Each organization shall provide a coordinated periodic (at least annually) dissemination of information to the public regarding how they will be iotified and what their actions should be in an emergency. This information shall include but not necessarily be limited to:
- a. educational information on radiation;
- b. contact for additional information;
- c. protective measures, e.g., evacuation routes and relocation centers, sheltering, respiratory protection, radioprotective drugs; and
- d. special needs of the handicapped.
Means for accomplishing this dissemination may include, but are not limited to: information in the telephone book, periodic information in utility bills, posting in public areas; and publications distributed on an annual basis.
Evaluation Criteria II. G. 2 states:
The public information program shall provide the permanent and transient adult population within the plume exposure EPZ [ Emergency Planning Zone] an adequate opportunity to become aware of the information annually.
The programs should include provisions for written material that is likely to be available in a residence during an emergency. Updated information shall be disseminated at least annually. Signs or other measures (e.g., decals, posted notices or other means, placed in hotels, motels, gasoline stations and phone booths shall also be used to disseminate to any transient population within the plume exposure pathway EPZ appropriate information that would be helpful if an emergency or
-s accident occurs. Such notices should refer the transient
( ; to the telephone directory or other source of local
'-' emergency information and guide the visitor to appropriate radio and television frequencies.
O e
MY EVALUATION
- 1. The Booklet
(] a. Educational Information on Radiation (Criterion II. G. 1. a.)
'The public information booklet which Commonwealth E,dison prcposes to disseminate is attached to this testimony as Exhibit B. The booklet contains a section entitled " Nuclear Power Plants" and another entitled " Radiation." Both sections are one page in length. The former explains the principles behind the operation of a nuclear power plant and points out that there is some risk of the escape of waste products which emit radiation. The latter section explains the effects of different levels of radiation on the human body. It states that radiation doses of over 20,000 millirem in a day are necessary to produce identifiable effects in the body. This is over 200 times the amount of radiation a person is nonnally subject to in an entire year. The section on radiation points out that radiation levels at the nuclear power plant are monitored constantly, that even more detailed readings would be taken in the event of an emergency, and that plans for evacuation or sheltering the public would be put into effect if' radiation exposures exceeded a predetermined level.
There is sufficient information included in the booklet to meet the guidance of NUREG-0654/ FEMA-REP 1, Rev. 1 Criterion II. G. 1.a.
- b. Contacts for Information (Criterion II. G. 1.b)
Inside the fr6nt cover of the booklet, there is a preface which 9
a states:
If you would like additional booklets or additional information, please write to Communications Services, Commonwealth Edison, P.O. Box 767, Chicago, Illinois 60690. Or you may write to one of the Ecergency* Services offices listed at the end of Section 6.
F l
W The booklet also contains a section entitled "Your Area's Emergency Plan" (Section 6). The last half page of that section is a prominently displayed box with the names of County Emergency Agencies in bold type.
(])
The text'immediately before the box directs the reader to write or call one of the offices listed for more information. The box lists the names addresses and telephone numbers of the Illinois Emergency Services and Disaster Agency and the comparable agencies for Will, Grundy, and Kankakee Counties.
I find that the contacts for additional information are accurate, prominently displayed, and easy to find. The booklet meets the criterion II. G. 1. b.
- c. Protective Measures (Criterion II. G. 1. c.)
Section 1 of the booklet, "If You Hear a Siren Sounding," explains that, in an emergency, the responsible officials may direct people to stay indoors or to evacuate. Section 2, "If Officials Say To Take Shelter Indoors," provides directions for the safety of the reader in an emergency which does not require evacuation. Section 3, "If Officials Say to Evacuate," gives instructions for an evacuation.
There is a map in the center of the booklet (Section 4) which shows principle evacuation routes. The Comunities of Braceville, Braidwood, Carbon Hill, Coal City, Diamond, East Brooklyn, Essex, Gardner,'Godley, Mazen, Reddick, South Wilmington, Union Hill, and Wilmington are shaded and outlined on the map. While the map does not show every road in the
' EPZ, it does show major roads and enough landmarks that anyone who under-stands how to read a road map could find the evacuation routes. In
1 addition, a. panel to the right of the map lists the principal evacuation routes and preplanned destinations. The same panel lists the radio
(~' i stations which will provide further information and instructions.
V '
Ques' tion,s of respiratory protection are addressed in Sections 2 and 3 of the booklet. The booklet does not address questions of radioprotective drugs. The decision whether or not to administer radioprotective drugs is reserved to officials in charge at the time of an emergency. The State of Illinois does not anticipate administering it to the entire population of the EPZ at the time of an emergency.
Therefore it is appropriate that the booklet does not suggest that such drugs will be made available.
The booklet meets criterion II. G. 1. c. The information which is provided is clear, concise, and easy to find.
- d. Special Needs of the Handicapped (Criterion II. G. 1.d.)
Section 9 of the booklet is entitled " People With Special Needs."
It is positioned on the back and inside-back covers of the booklet so that the tear-out Business Reply Card will automatically include the address label of the individual mailing it, assuming that the booklet was delivered to the responder by mail to begin with. The Business Reply Card also has a space for the responder's telephone number.
This Section contains clear instructions for the reader to let public officials know of his or her special medical or transportation needs cr need to be alerted in the event of an emergency. The portion
{')
of the Business Reply Card on the back cover of the booklet has simple graphic symbols illustrating these needs. To the left of the card is a
r .:
@ brief questionnaire which asks the reader if he or she has a special need in any of the areas listed. He or she needs only to circle the appropriate
(~'s "Yes" or "No" responses, write in a telephone number, tear out the card and v;
mail it.' ,
The booklet effectively addresses the special emergency needs of the population of the EPZ. I find that it meets Criterion II. G. 1. d.
of NUREG-0654/ FEMA-REP 1, Rev. 1.
- e. Overall Assessment The strength of this public information booklet lies in its simplicity and logical organization. Each section states no more than is necessary to convey the required information; and each section leads naturally to the one which follows. The actions residents may be asked to take are described and discussed in ways that make the information readily accessible in an emergency. The graphics used throughout the booklet are simple, clear, and germane. Repetition has been used to reinforce the concepts presented. For example, directions to turn on the racio when tl.e sirer:s irr sc.t r.cr.c arc rrrt ir r r(' f( t.r t ir.e s . Sct1cfE cf additional information or sources of additional copies of the booklet brc displayed three times.
I find that the public information booklet which the Applicant prcposes to distribute effectively addresses Rorem contention 1(a).
Emercercy teleplicr.c nurPrrs are prcminci.tly cispirsc~ ir tir tsud Nt.
g
\_ ,/
s
- 2. The Public Information Program The State of Illinois has developed a comprehensive Illinois Plan for Radiological Accidents (IPRA) in close cooperation with the affected l]
county go'vernments and the Applicant. The IPRA uses Public Information .
Booklets as the primary means of disseminating information, but it also calls for annual press briefings, the designation of Public Information Spokespersons, and systematic rumor control. Exhibit C to this testimony is Section K, "Public Infonnation Considerations," of Volume VII, Chapter 2, of the IPRA.
The distribution scheme for the Public Information Booklets calls for it to be mailed each year directly to residents of the EPZ and to be made available in quantity in area hotels, motels, recreational areas, schools, industries, health care and nursing facilities, local Emergency
-Services and Disaster Agencies, and local utility offices. It is my opinion that the distribution plan would be enhancec by the postiqg of signs in places where transients are likely to go, advising them of the availability of booklets and of the frequencies of emergency broadcast radio stations. However, NUREG-0654/ FEMA-REP 1, Rev. 1. does not literally require such actions.
In preparation for annual press briefings, the news media will be given portfolios of handouts. .At the briefings, they will be able to ask questions directly of representatives of state and local governments and of the utility. Briefing topics will include an overview of the Illinois
) Plan for Radiological Accidents-Braidwood, the concept of operations, the accident classification scheme, the communications network, protective and parallel actions, and public information. In short, the news media L
will be given ample opportunity to become knowledgeable not only about the emergency plans but also about the . nature of any emergency which may
/\
{) be anticipated.
I find that the public information program provides a systematic means of delivering information to all members of the public who need the information. The plan ensures that the information will be kept current and will be redistributed annually. In the event of an emergency, a comprehensive network is activated to deliver information on a current basis effectively to the entire population of the EPZ. The guidance of Criterion II. G. 2 are that Information should be distributed at least annually, in a way that it is likely be available in a residence in time of emergency and that signs, decals or other notices in public places direct transients to sources of current information. I find that these requirements are met by the public information plan.
CONCLUSIONS The Intervenor, Bridget Little Rorem, contends that the emergency plan should contain a program for informing the public of means for obtaining instructions in time of emergency. The plan does contain such a program. The primary means the plan adopts is the annual mailing of a booklet to all residences in the EPZ. The Booklet will also be.made available in other places the public has frequent access to. The booklet explains in very clear terms where to get information in the event of an
.O emersencv. The P i e# else ceils for ennuei briefines of the news medie.
1 O
9-I am satisfied that the IPRA not only addresses the concerns of Rorem contention 1(a) but that it also meets.the more detai'Jed guidance of O NUREG-0654/ FEMA-REP 1, Rev. 1.
4 l
9 O
f 1
i
- - ,,0 55 In:21 FEr% RE-I N Y BATTLE CREEV i P.B3
- 2
_ Radiological Training .
,' RD I 1974 )
- RD 11 1974 ) Staff College, Rattle creek, RD III 1974 ) Michigan Evi_1 Preparedness Phase I- 1973 )
Phase II 1973 ). Staff College, Battle Creek, Phase III 1974 ) Michigan Phase IV 1975 )
Each phase of Civil Preparedness graduates through the levels of orgarization of e=ergency response at all government levels and placring for emergency response to all natural and man-made disasters.
My direct involvement in-disaster responsa is the followings' Misefssippi River Flood - 1973 Disaster Assistanct Center Manager.
Quincy, Illinois l
/ Lake Erie Flooding - 1974 Disaster Assistance Center Manager.
Fort Clinton, Ohio Xenia Icrnado . - 1974 Disaster Assistance Center Manager.
Zenia, Ohio 051: Blizzard - 1976 Faderal-Regional State Liaison Ee,Ioved by U.S. Government _
. Defense Civil Preparedness Agency as Regional F1 eld Specialist, 1972-1979 l
. Federal E=argency Management Agency as Regional Field Specialist, 1379-1962 l . IedercJ Te.ergency Management Agency as Coassunity Planner,1982 l . D ring the ten-year peripd, as stated abcVe, served as Federal-S. ate liaison Officer for Federal programs in the State of
( I.linois, Indiana, Michigan, Minnesota, Ohio and Wisconsin.
. In the time period of' January 1980-February 1981, detailed to l serve as Executive Secretary of the FD'.A Region V P.egional l Advisory Co==ittee.
l
EXH181T A Professional Qualifications Cordon I,. Wenger Formal _ Education .. -
- 4. ' ;
Bachelor's Degree Education }";
1 Western Michigan University j Enla.mazoo, Michigan Major ~
Geography - Geology Minor Environmer.tal science Minor Social science Craduate Studies Industrial Ma segment Vastern Michigan Univetuity Supervision Kalanazoo, Michigan University of California Los Angeles Vestwood, California California State University
?t:llerton California State University l , ". cst Angeles Q W W ce and Backtround Nucler.r Defense Preparedness School U. S. Navy Geactanco Bay, Cuba, 1955 Public Information and Education L
- l fiational Aeroosutics & Space Adcinistration Washingten, D.C./ Santa Monica, California
( Public Affairs Media Relations and Education l
Jet Propulsion Laboratory C:lifornia Institute of Technology Pasadena, California I directed the development of brochures, informational and l educartonal pa=phists, visitors progran and the educational
- axhibits progra n. The the== van astronautics, space
'x exploration, research and development, Pure and applied science.
& P.04
- '.C *Ei IO:n rD A RE;IUi V MTTLC cgggx 2 3
Iri February 1981, appointed to the position of Chairasa. e Regional Advisory Committee and Chief,* Radiological . $~-V
?nergency Preparedeess Scanch Region V.
g-T y
Directed the activities relevant to the RadiologicalV,
,, Emergency Preparedness (REP) Progran in FDIA Region
- cordinated the counsel and advice of the Regional Advisory g Coccaittee to the State and local jurisdi:tions in the Region.
- Currently Federal Team . Leader for Radiological Emergency Pre-paredeens Planntag fur Illinois and Indiana.
I have participated in over 50 exercises of fixed nuciaar pcwer facilities, serving as avaluation team director, evalu-ntion team leader, and written exercise reports, intar1m findings and Regional Director's Evaluations (350s). I hava
- eviested radiologi:a3 emergency plans for all the six States
- r Region V.
o S 4
- - . .; Er in:21 FE'c RdI?< v BATTLE CREEK 1 P.03 '
2 M iological Training .
.' RD I 1974 )
) ED II 1974 ) Staff College, 1 stele Creek, RD III 1974 ) Michigan Civi_1 Prepar_edness Phase I- 1973 )
Phase II 1973 ). Staff College, Battle Creek.
Phase III 1974 ) Michigan Phase IV 1975 )
Each phase of Civil Preparedness graduates through the levels of orgarizistics of emergen:7 response at all government levels and placring for emergency response to all natural and man-made disarters.
My direct involve =ent in disaster responsa is the following:
Miseissippi River Flood - 1973 Disaster Assistance Cancer Manager.
Quincy Illinois d Lake Erie Flooding Fort Clinton, Ohio
- 1974 Disaster Assistance Center Manager.
Xenia Ictnado . - 1974 Disaster Assistance Centar Manager.
Zenia. Chio Obic 311 zard - 1976 Faderal-Regional State Liaison Ee71oved by U.S. Government
. D:fense Civil Preparedness Agency as Regional Field Specialist, 1972-1979
. Federal Esargency Manager.ent Agency as Regiosusi Field Specialist, 1>79-1962
. F ederc3 Ts.ergency Management Agency as Community Planner,1982
. D; ring the ten-year per19d, as stated abeve, served as Federal-S. ate Liaison Officer for Federal programs in the State of I Jinois Indiana, Michigan, Minnesota, Ohio and Wisconsin.
. In the time period of January 1980-February 1981, detailed to serve as Executive Secretary of the FE'.A Region V P.egional Advisory Co==ittee.
.- P.94
- ~. "O *Ei D:2;- FD ue RE ,IU4 V MTTLC CEK 1 3
\
Iri February 1981, appointed-to the position of Chairman, y Regional Advisory Cons:nittee and Chief,-Radiological . 7 -y h ergency Preparedness Branch Region V. ,
es 2 ccivicie #t to es x 41 2 sic 1V, ?
O = > oirect a ca x
,, Emergency Preparedness (REP) Progran in FD1A Region
- cordinated the counsel and advice of the Regional Advisory g Committee to the State and local jurisdi:tions in the Region.
- Currently Federal TeAn. Leader for Radiological Emargency Pre-paredness Planning for Illinois and Indiana.
I have participated in over 50 exercises of fixed nue.laar rever facilities, serving as avaluation team director, evalu-neton tean leader, and written exercise reports, intar1*2 I have findiegs and Regional Director's Evaluations (350s).
- evietted radio:.ogi:m3 emergency plans for all the six States
- r Region V.
t O
O S L
EXHIBIT B
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P.23
..."M* 15.I. FEN ' 3'e~-ICt,% ERTTLE cEEV 1 o : :
i DEAR CITIZEN:
We are providing this booklet to you, in cooperation with your state and local gm emments, because on: of our nuclear generating facilities, seawood Statior., ope rates in the area w here you live, work or are visiting. We want you to know abeut the plans that have been developed for your safety in the event of a serious accident at this facility.
We !.av: never had a serious accident, and it is unlikely that we ever will.
Eui as wit!: any potential emergenc'y, your safety could depend on your preparedness.
Please - read this booklet carefully. Remember what you read. Although l
this in.~ca.a ion focuses on a potential nuclear facility emergency, much ofit is useful for an < major emergency. So try to keep this booklet where you can later Und it and fer to it. On the page at the right is a summary of what you will find ir. side.
We e . courage you to share and discuss the information in this bookkt with membes of your household. We also encou age employers to advise the:r err.p:o nes of this information. Extra copies of this booklet are available upor. reques .
l If you u ould like additional booklets or additionn] inforTnation, please
! w-ite to Communications Services, Commonwealth Edison, P.O. Box 767, l Chica;c. II'hois 60690. Or you may write to one of the Emergency Services offices li:ted at the end of Section 6.
l Commonwealth Edison O
ig<
': 1C 'i! 15::-i FE*A FE1I?4 ' BATTJ CRtTI: 1
. P.04 h ..
Here 'Is a summary of what you will find inside* .
. r+
). IF YOU HEAR A
.5i:{t / SIREN SOUNDING Q,) [Q
. h IF OFFICIALS SAY TO TAKE SH ELTER IN DOORS
! Q Eg IF OFFICALS SAY TO EVACUATE yt; g>
s l
q.F .
3 f; MAP: AFTER YOU RECEIVE h pt.c {fa EM ERG ENCY IN FORMATION l
pm
- . WORDS TO THE WISE f@fi& %y$
S-dT- YOUR AREA'S EMERGENCY PLAN (W)
'EN r M" NUCLEAR POWER PLANTS O
o I
@g i RADIATION c
'gi;, h PEOPLE WlTH SPECIAL NEEDS
4 .
- :~. ;O 'Ei 2 i: 3 ; rE' A RE':-IU4 V EATTLE CREEK 1 P.85 O . .
k'n. ! l O IF YOU HEAR A SIREN SOUNDING
= : ' @.
if.':.*! i!
eAL UD, CONTINUOUS SIREN holding its pitch for 3 minutes or more, may mean that the Public Notification System has been activated. To find out...
& CHECK IT OUT- is it only a test? In lilinois, siren tests occur on the first Tuesday of each month at 10:00 or 10:30 am. If you're not sure, assume it's REAL. A real warning could mean a number of things: fire, tornado, chem: cal spill, nuclear accident. To find out...
e TUNE TO ONE OF THESE RADIO STATIONS:
AM 1340 WJOL FM 96.7 - WLLI or other local radio stations.
This is you r best source of information and instructions, e YOU WILL BE GIVEN INFORMATION AND INSTRUC-TIONS if there is a real call for concern. Respond promptly to all instructions, if officials say to take shelter Indoors or evacuate, refer to the sections following and to the MAP in the middle of this booklet.
O e DO NOT USE THE PHONE unless you have a special emergency right where you are. Leave lines open for
- emergency workers. ,
. .. ! 'I! 15:12 FE % REGICW v BATTLE CREEK 1 P.96 0 ,.
~
~
- O '~ , ,
IF dFFICIALS SAY TO , g^i '
L i TAKE SHELTER INDOORS 1
4 GO INDOORS and STAY INDOORS 0 CLOSE all DOORS and WINDOWS i
e SHUT OFF systems that draw in outside air, such as:
furnaces fireplaces - air conditioners o STAY TUNED to one of the radio stations listed on the previous page. This is your best source of up to-the-minute information and instructions.
4 SHELTER YOUR LIVESTOCK. If possible, make pro-visions for feeding and watering them, preferably with stored feed. You will be permitted to return and care for them as soon as it is safe.
- DO NOT USE THE PHONE unless you have a special emergen y right where you are. Leave lines open for O emergency workers.
- 7. O *E! !!:13 FE'% FEGICU V MTTLE CREEK 1 P.07 1 0 .
l l O IF OFFICIALS SAY TO EVACUATE g4 , ,
l 4 REMEMBER " Evacuate" does NOT mean"run foryour life." It is a precautionary move that might be recom-mended to minimize risk to you. This can work properly only if you act SAFELY, CALMLY, and DELIBERATELY.
t GATHliR TH E PEOPLE in your home TOGETHER. If you have chlidren or others at schools, hospitals, overnight camp; rounds or nursing homes, DO NOT try to pick them up. These facilities will be following their own I .
evacu.ition procedures, and you would probably miss conne:tions. STAY TUNED to one of the radio stations listed earlier for information on where persons are bolns moved. Students, patients and nursing home residents will be accompanied by Staff to relocation centers. Their needs, including medical needs, will be provichd for until they are reunited with their famlifes.
e if you t;re disabled and have previously notified officiais, speciol services will be provided for you. If officials do not kn aw you are disabled, notify them overthe special emergency phone numbers that will be broadcast on the raclio.
4 DO NOT USE THE PHONE unless you have a special O emergency right where you are. If you have a special emergency, use the special emergency phone numbers that will be broadcast on the radio.
C .10
- EE le:I; FC17, FG'C*i V BATTLE CREEK 1 P.EB -
U e EVACUATE THE PEOPLE in your home TOGETHER.
~
Leave when advised and go where advised. Follow the
direct' ns given n the RADIO. The MAP in the middle O of ,this booklet will be of help. DO NOT RUSH. Law' i
~
enforcement agencies will maintain security in evae l
uate,d areas, and will provide traffic control
@ DO NOT TAKE PETS (unless you are going to a friend's or relative's house). RELOCATION CENTERS WILL NOT ACCEPT PETS.
o SHELTER YOUR LIVESTOCK. If possible,make pro-viSiors for feeding and watering them, preferably with stored feed. You will be permitted to return and care for them as soon as it is safe.
e PLAN FOR TWO DAYS AWAY from home. Lock things '
up ar'd turn things off as you would for a weekend vacsCon. Bring essential items such as those on the choc (list below.
7 r-CFiECKLIST:
C MEDICAL SUPPLIES (prescriptions. first aid)
C MONEY (cash, credit cards. Important documents)
C PERSONAL HYGIENE ITEMS (washing. shaving.
derstal. eye care. Sanitary)
O O CLOTHING C B ABY NEEDS (formula, diapers, f avorite toy) l l
C PORTABLE RADIO and batteries O MISCELLANEOUS USEFUL ITCMS matches.
flashlight. bags. can opener
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- :~. ;- Ei !!: 27 FE*% 3:EGION V BATTLE CREEV i P.1 f '
,.h). '~ . . . .. . .. . ( s '/
X
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.. . . . . _ . . 1. ~, - .- YOU RECEIVE
- ~?- :~ EM ERGENCY IN FORMATION .
r
- x. . - Q . -
tx.. . - .j. .
~ -
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, e ,.KNOW YOUR LOCATION on this map.
.s x p g7-L-r
. Mark it with a pen.
.-. e- ,,,) . _---. -
0 Some of the PRINCIPAL ROUTES and g
_ DESTINATIONS that have been PRE-4
.....- {:lo -e.' ' .
PLANNED are:
~~
r' O PONTIAC via South I.55 E;.; .~ . O DWIGHT via South I-55
- i. N.:J. N .~
O OTTAWA via ILL 47 north. then West I.80 F ." .s O AURORA via ILL $9 north, then Aurora Ave. west
.- /r\..( .
. y O YORKVILLE via ILL 47 nonh
.1 e *
- W. _. ,.'~'7; ,. l O KANKAKEE via ILL 113 east
\-:. .
. a;:.
O JOLIET via North I-66 w
\ .
e IN AN EMERGENCY, STAYTUNED to
, %. ..,c, . _1 _ _ . - _ . - -
,' ~
>D'._ g . . . . .
one of these radio stations:
pf 7
6[y,4
- _. t ute.nia .- AM 1340 WJOL
/ ',
_ . . .f
- t. are" FM 96.7 - WLLI M[,
or other local radio stations 4 0 f6
~----
N This is your best source of information and instructions. Other routes than those above Kenkette -
- - - ~ ' - ~
may be given on the radio, depending on road and weather conditions.
..?........ .
Specific information on those relocation con-O %.
No TH terS being opened as Shelters Will be broad-w E .
cast on the radio stations listed above. 1
-#=====20 WILES s
! The final versfor of the Braidwood Pus 1(c Infonnation Brochure will depict a sector overlay for the Brai.dwood EPZ, on the green circles, similiar to the sector overlay depicted, on the red circles in this bro-chure for the Dresden EFZ.
P.11 F.~ . : C ' 6- 1: : I' FE% PIZCri V BATTLE CREEK 1 h '
~
g:
WORDS TO THE WISE: ,
W-O BE PREPARED L i
You hever know when you rnight have to leave your home on short notice, for a variety ofreasons. A severe nuclear plant accidentis only one remote possibility. Floods, fires, tornadoes, chemical spills, and family emergencies could also occur. That's why it pays to prepare now to make things easier later.
Here are four sensible ways to prepare for any emergency.
- 1. Keep emergency gear in a special drawer or other place that the whole
' O family knows. A portable radio and flashlight with extra batteries, first aid sup plies, extra s ets of car keys, and other items will then be handy if the ne 3d arises. Keep this booklet there, too. Be sure you have marked your lccation on the map on the previous page.
~
- 2. Keep 3 our important papers together in n' safe place. Then you can find them quickly in an emergency.
- 3. Have a list of things you want to take if you must leave home quickly. !
Post th: list by the back door or other convenient spot. Make sure you keep a supply of the items you listed.
- 4. Keep your car in good running order. Fillyour gas tank wheneverit gets down to half. If you don't have a car and require transportation, fdl out and rnali the card on the inside back cover of this booklet.
l l
l
l F.T.;0 'M H.:- FD% PEC~CN Y Br TTLE CPID'.1 P.12
.y Ig, j l
O YOUR ARENS EMERGENCY PLAN Emergency plahn'ng means being prepared. from the plant. Then, they could stay with This applies to each crus personally and to all of friends or relatives. or at soccified " relocation the organi:stions u;. the scale. It begins right at centers',' until advised to retum. Special pro.
home or at work anc extends upward to higher cedures have been developed for people in levels as needed. For example, ifyou cut your schools, hospitals, nursing homes and other finger, you can pros bly handle the situation by institutio:ts.
yourself; for a sericus injury you would call in outside he!p. such as a doctor or paramedic A Public Notification System with outdoor te:n. warning sirens has been installed within the Emergency Planning Zone. It was designed to The same ; dea arplies to our guvemmental warn the public of a serious problem at &aldwood .
l orgsmrations. Your city or vilage can usually Station, but it may be activated for other emer-
/ g handle most loca' citergencies such as fires, but gencies as well. The sirens are tested each V if things get tco severe or widespread they may month. In an emergency, the sirens signal the call on the county for assistance. Similarly, public to tune to a local radio station for coun:ies may ca!! or the State for bigger emer- information.
ger.cies su.:5 as omsdees, and States may call or. the Fede al gm :rnment for a major disaster If a serious problem occurred at mardwood such as widespreac ilooding. Station, government officials would be notified immediately over " hot-line" telephones right Ycur municipal. county, and state govern. from the plant control room. This would start the ments have plans fo responding to all types of emergency plans reiling, with all authorities emergencies. Onc se ofplans applies to nuclear being kept up-to-date on plant conditions. State power p: ant accidents. In Illinois, this is the and local or!1cials wculd then determine what, if I!!incis Plan for Radi.3!ogical Accidents (IPRA). anything, the p.iblic should do.
These plans dessie specific attention to Their advice would be given to the news people within 10 miles of the nuclear power media, along with continual reports on plant plant conditions directly from Commonwealth O sez. In the Emergency ror short. For eaampie. there Planning are proce- Zone, or seison toeai rneie siations wouie iransmit this dures for sheltering and for evacuating people in information to you on the Emergency Broadcast this area. If evacuation shou'd ever be needed. System. This is your best source of up-to the op!e would be asked to go to pre-designated minute information (traflic repons. Shel:er loca-registration centers ir towns 15 to20 mi:es away tions.. evacuation directions. etc.).
l
P.13
- .> :7. ;C '6f 2 5:
- FC% REf,ICl4 v BATTLE CREK 1 P
we pretend that a serious goblem hLs och :
In most cases, the: e actions would begin well and go through the emergency procedurn You C, efore the pmble'm actually affected the public. can usually read about these exercises in the Chances are that an e niergency involving public newspaper when they occur.
actions would ne've develop, but specially- ,
trained persor.nel at: ready for action --- just If you have questions regarding your area's in case.
emergency plan, call or write one of the offices listed below. They can also help if you have To make su-e that me emergency pf ans work, special needs that relate to emergencies.
they are tasted perodically at each nuctent power plant. This is called an exercise, where Wili County Emergency Services and Disaster Agency 14 West Jefferson Street, Joliet, IL 60433 (815) 727-8751 Grundy County Emergency Services and Disaster Agency 111 East Washington Street, Morris, IL 60450 (815) 942-9024 iankakee County En.ergency Services and Disaster Agercy 400 E. Merchant Street. Kankekee, IL 60901 I
(815)937-8255 lilinois Emergency Services r.ud Disaster Agency 110 East Adams Street, Springfield,IL 62~06 O L - _ _
- T.m Es it. ; rci,:. rt;Im v re.TTLE CRED< 1 p.34 t
_qw inn se NUCLEA.R POWER PLANTS [
1, "
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v Commonwealth :.dison generates electricity fbel rods that are arranged into fuel assemblies.
for people in nortliem Illinois using power plants These assemblies stand vertically in a round 3 at txt.een Ic cations. Five of these use uranium cluster called the core. The core is encased in a as fuel; they are nuclear power plants. These very thick steel capsule, or vessel. The whole rive plants prcxiuee as much electricity as all of assembly is called a reactor. Since a very dilute Edison's coal powe plants. or ov er half of all form of fuel is used, a reactor could sever the ele c:ricity Ediso4 generates. But for northern explode like an atomic bomb, no matter what I;1inois to have a bright economic future, plans went wrong with it.
must be made to astute that we continue to have adequate supplies or electricity. Edison's plans When any fuel is used to make energy, some inelade an additional nuclear power plant, waste products result. Coal power plants have which will become c.perational over the next few smoke, slag and ashes as wsste. Nucleat power yee.rs These will help provide the generating plants collect wastes right in the fuel pellets, capt.c ry tc suppxt econcmic gmwth for nor. hem rather than releasing them to the environment.
I'linois thmugh the rest of the centurf. There waste products could be hazardous and must be kept scaled away from our environment.
Allluge power plants werk by boiling water to make high premre steam. which spins tur- This is why the uranium fuel pellets are seated bines cennected to ! trge electric generators. The inside the fuel rods and the fuel rods are sealed inside the reactor. Even the whole reactor, with big, difTerence bert:en nucicar and coal power plar.ts is thr.t a r.ucler plast splits uranium all of its piping, pumps, and o.her systems, is ator .s, insteac of 5 4 ming cos], to make heat to scaled again inside en airtight steel and concrete building called a containment.
boil the water Uranium is a very concentrated fuel. One It is not likely that this triple safety seal could uranium pellet (tbe size of a persen s fingertip) be penetrated. But ifit were, some of the waste can release as mu:h energy as hr.lf aton of coal. products could escape to the environment.
Ilese wastes are radioactive, which means that Uranium pellets a e stacked inside long, thin each waste particle emits radiation.
O v
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.: ;;l 'EY n:H FDA REGION v BATrLE CREEK 1 P.15
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Radiation is energy that can travel through It takes radiation doses of over 20,000 millk .
the air, such as light, heat, and radio waves. One ram, received within a day, to produce identi- -
type, nuclear radhtion, comes from radio- fiable effects in the body. Very large radiation a :tive material, which is part of everythingin us doses (over 100,000 millirem) may be directly and around us. Nuclear radiation, like radio harmful or even deadly if received over a day's v aves. is invisible. silent, tasteless, and odor- time, but the same doses stretched over many less Just as a photog apher rneasures tightlevels years may not. Federal regulations allow work-with a 1:gY met:r, rad:ation workers measure ers at U.S. nuclear facilities to receive up to nuclear rad:ation wi h special instruments. 5000 millirem of radiation in the course of a year's work.
Like many thing: in our lives, radioactive material has the pctential to harm people if G handled careless:y. But decades of experience Radiation Icvels are constantly monitored both inside and outside each nuclear facility.
, h have shown that the safe app!! cation of radio.
active materia!,in m:dicim and industry as well These measurements show that a person living as in electricity production. can benefit our for an entire year right at the fence of 44 ppage society, nuclear power plant would receive Igse than I millirem of radiation, about the sarno as an The amount of radiation dose a person ab- airline passenger receises flying from Chicago sorbs is measured .n millfrem. The average to Ims Angeles.
I!!ino:s citizen gets from 60 to 120 millirem of radiation each year frem the natural enviror>-
ment This is ceJled natural background radia. If a nucijar plant accident were ever to occur, tion. In addiuon, ea:h year the average person teams of specially trained personnel would be sent to get even more detailed radiation readings receives about 70 riillirem from medical and dental X rays and o.her procedures, and.about all around the plant. In most cases, there would 25 milliter . from the naturally occurring be no excessive radiation. But if the accident radionetive atoms in his or her own body. were serious, and could expose members of the public to 1000 millirem or more of radiation, state plans call for protection of the public by q
V There are no idertifiable health effects from these low levels of radiation, but scientists talung shelter indoors or by evacuation.
beliese that any amcunt of radiation, no matter I # how small, canies se me risk.
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O PEOPLE WITH g;;j SPECIAL NEEDS ..
Your local authorities should know If you or someone in your hotischold has special needs that may be important durint. an emergency. This information would be kept ,
confidential.
Circle YES or NO for the questions on the bsck cover. If any a iswers are "YES", make sure to write in a phone number where you can be reached Them tear out and mall the card. An official emergency planning representative will then contact you to review your special needs.
If you wish, you may instead contact one of the offices listed it the end of section 6.
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PLEASE ANSWEP QUESTIONS ON 8ACK COVER.
l Deo POSTAGE NECESSAM tF MAUD IN THE
, , UNITED STATES IFANYANSWERS
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A R Eout TEAR "YES"kN o . BUSINESS REPLY CARD :::
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Illinois Emergency Sonica & Disater Agency
- 110 Eut Adams Street Springneld, IL 62706
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EXHIBIT'C - N Grundy County 1 08/85 L g f
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ublic Information Considerations The methods by which the public is kept infomed of the nature and consequences of a nuclear incident before, during and after p - such an incident have been discussed in Vol. I, Ch. 8. As one of v the several sources of information to the residents of the EPZ,
'this section amplifies the local governments' role in providing an accurate and consistent release of infomation.
As Chief Executive of the STATE TF ILLINOIS, the GOVERNOR is the official spokesperson for the State emergency operations. The GOVERNOR'S staff will receive information from two primary sources, namely IESDA and IDNS. IESDA will collect and sumarize infom-ation concerning the operational response of the State. IDNS will provide a technical sumary of the incident and its consequences.
- actual and potential, upon the population near the site.
Infomation from the site will be relayed to the STATE ECC and the REAC via NARS and the radiological assessment direct line, both of which will have line extensions in the EOF.
Public Infermation Spokesperson - In GRUNDY COUNTY and each municipality therein, a spokesperson has been made responsible for public infcrmation. The spokesperson will provide timely infom-ation to the GRUNDY COUNTY ESDA COORDINATOR, or his designee, for coordination of local releases with the JPIC. The PIO at the STATE EOC coordinates State level information with the JPIC, 960 Ncrth Route 47, south of Morris, IL. This network will provide timely, coordinated information to all designated spokespersons.
Rumor Control - Rumor control will be addressed at the lowest governmental level possible. In those instances where a local government cannot control local rumors, the State rumor control network will be utilized. Personnel from IIS will operate dedi-cated telephone lines at the STATE EOC and at the JPIC. The State rumor control network telephone numbers will be announced to 1ccal governrents in the EPZ an( are net to be released to the general public. As time pemits , rumors referred to the State rumor control network will be answered directly by IIS personnel. At all other times, the response to rumors will be incorporated into the next media update provided at the JPIC and the GOVERNOR'S press center in SPRINGFIELD (See Vol. I, Ch. 8). .
Public Infomation Booklet - As a collective effort between the governments, STATE OF an 'ILLlh015, infomationalthe operating booklet See(utility Vol. I,and Ch. affected
- 8) will becounty distributed on an annual basis to the public residing within the O 10-mile EPZ of the BRAIDWOOD STATION. .The booklet will address how the public will be notified and what their actions should be in an emergency, including the following infomation: instructions on O)
(G how to obtain additional information, what te do if a take shelter VII (2)
Page 127
Grundy County a 08/85 '<
p:h request is ~ g iven, what to do if an evacuation request information concerning radiation and respiratory is given. ' "
- educational protection, a map of major evacuation routes and a list of comu- .
nities likely to serve as host shelter areas.
In addition to a direct mailing, the booklet will be available at area hotels and motels, recreational areas, schools, industries, health care and nursing facilities, public libraries, local ESDA s offices and local utility offices (See- Vol. I, Ch. 8).
Annual Press Briefings - To acquaint the news media The with the brief-IPRA-Braidwood, press briefings will be held annually. OVERVIEW OF THE IPRA-B ing will discuss OF theOPERATIONS, following topics:
ACCIDENT CLASSIFICATION SCHEME, WOOD, CONCEPT COMMUNICATIONS NETWORK, In PROTECTIVE AND will addition, the media PARALLEL be ACTIONS and INFORMATION (See Vol. I, Ch. 8).
given a portfolio of handouts and will be able to ask questions of the representatives of State and local governments and the utility.
J to s VII (2)
Page 128
519
)1 f-SueW 1 MR. FLYNN: At this point, I would tender the 2 witness for cross-examination.
3 JUDGE GROSSMAN: Mr. Gallo.
4 CROSS EXAMINATION 5 BY MR. GALLO:
INDEXX 6 Q Mr. Wenger, what is the FEMA position on including ,
7 information in the booklet concerning respiratory protection? i 8 A My Agency's position is the direction of the ASLB 9 in the case of Big Rock Point spent fuel hearing, where this !
10 came up for discussion and the ASLB ruled that it should be II included. !
12 Later in a letter from Staff Counsel, Mr. Goddard, x
13 to the ASLB indicated that the ASLB had made a decision which 14 he felt went beyond their responsibility. The Board then 15 came back with a response that the decision was left up to 16 Staff as to this matter if it was to be included in a public 17 information document.
18 Q What staff are you referring to?
I9 A The Nuclear Regulatory Commission staff.
20 All right.
Q But my question was, what is the FEMA 21 position on that question? ;
22 Should it be -- does FEMA believe that information f
i 23
_ should be included in the booklet or not?
24 l Ma-Federe Reporters. Inc, 25 !
O Can you explain why not? i i
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)l7'S3-SoeW I A The document known as NUREG 0654 is jointly put
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2 together by the NRC and FEMA. And this decision by.the ASLB 3 turned over to the. Staff then, I feel would set precedence.
4 Q Well, does FEMA just blindly follow what the 5 NRC staff says or is there some emergency planning reason for 6 not including that information in the booklet?
7 A FEMA has also taken the position that recommending l 8 certain things to be done in respiratory protection might i
9 detract from the response that people are involved in.
10 If there is need for respiratory protection, that l 11 would be given as a public announcement. l l
12 0 Can you define for me what we are talking about 1 ? <
A/ 13 when we say respiratory protection? What type of protection 14 do you have in mind when you use that term?
15 A I guess my question would be, what is it l
16 specifically that you are asking? !
17 Q Well, I ask the questions. I don't have to answer i
18 any.
39 You used the te'rm " respiratory protection" in 20 response to my question. I assume -- and what I'm asking you 21 is to e.yplain to r.e what respiratory protection means as you 22 used the term in response to my question.
23 A Covering your nose and mouth with handkerchief or >
24
, staying indoors or leaving the area.
Am Fede,al Ceoorte's, Inc. -
25 Q Do you believe those activities might impede l
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521 ,
- 17'~'.4-SueW .I evacuation? Is that the position you are stating here?
V 2 A Using something to cover your mouth and nose might 3 very well impede.
4 0 Is that the
- asis for the FEMA position now in 5
not including information on respiratory protection in the 6 booklet?. ;
7 A The immediate need is to get people out of the 8 area. If people are still remaining in the area when it is 9
necessary to cover your mouth or nose, probably the best 10 protection would be to remain indoors.
I II O I believe your testimony indicates that you have 12 i g reviewed the booklet; is that correct? '
13 A Yes, sir.
Id Q And would it be appropriate to say that the 15 booklet you reviewed is the same as the green booklet that i 16 has been marked as Applicant's Emergency Planning Exhibit 17 ~
I7 A My review in preparation for my testimony was 18 l' from this booklet. ,
JUDGE GROSSMAN: And the witness is holding up 20 the purple booklet rather than Exhibit 1.
2I WITNESS WENGER: This was forwarded to me for the 22 purpose of reviewing.- As recent as last evening I received 23 this copy and I made an analysis, and they ar.e identical with yg) k 24 slight exception.
25 JUDGE GROSSMAN: And this copy refers to Applicant
522 r
- 7'N.15-SueW l Exhibit 1.
V-2 MR. GALLO: Thank you, Mr. Wenger. That's 3 helpful.
4 BY MR. GALLO: (Continuing) 5 Q Referring to Section 3 of the booklet --
6 JUDGE GROSSMAN: And we are now referring to ,
l 7 Applicant's Exhibit 1. .
i 8 MR. GALLO: Exhibit 1. f i
9 BY MR. GALLO: (Continuing) I 10 !
0 Do you see the language on the page that says:
II Plan for two days away from home in the event of an evacuationI i
12 order? ,
['
13 A Yes.
i 14 Q Do you know the basis for the selection of the two l 15 days?
I0 A I believe I do. !
17
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1 0 Could you state that for the recora, please? l 2 A The purpose of two days basically would be people I 3 getting ready to leave their residence would be to pick up 4 minimal items, which would not take a long period of time to 5 gather, plus the material that it lists on the checklist for l 6 taking with them would get them to the host care center, and 7 then if the emergency persisted beyond that period of time, 8 the Red Cross would be able to supplement their personal items 9 and provide care.
10 0 Can you explain to me why these people shouldn't 11 take more time to collect more personal effects so they could 12 prepare for a longer period of time if that was necessary?
n ')
13 A I presume it would be a lot of material they would 14 be carrying with them that may not be r..ecessary in the long 15 run.
16 JUDGE GROSSMAN: I think the question asked was 17 why shouldn't they take a longer time to collect more items.
18 WITNESS: I feel they would have a long period of 19 time receiving this booklet and going through it, understanding 20 what is being said, and have some preconceived idea if an event 21 were to happen at the power plant which necessitated them 22 taking protective actions, they would have in mind the locations 23 of these items, or maybe have them collected at a location.
24 Make it convenient for them to pick up on short notice.
l ,.
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25 I feel they would have significant period of time
!14-2-Jo WG1 524 for planning purposes. l g (- 1 i ( ,
2 BY MR. GALLO: (Continuing) l t
3 0 What if they don't preplan and simply do it at 4 the spur of the moment?
5 A They would have to locate their boo'klet, and they I 6 would have to read it and gather it.
7 0 And if they took enough for say a week, would 8 that take longer than it would be to accumulate the necessary 9 materials and effects for two days?
10 A I feel it would.
11 Q And would that have any possible potential adverse 12 effect on the timing of evac tation?
\ 13 A It could.
14 Q Mr. Wenger, do you agree with Mr. Butterfield that 15 information concerning the plume exposure pathway should be 16 included in the bookJ et?
17 I am sorry, strike that. Let me say it again. Do 18 you agree with Mr. B ttterfield that information concerning 19 the potential travels of a plume -- a radioactive plume --
20 do you believe that that information should be included in i
21 the booklet? i 22 A I am sorting through your question.
23 Q Let me ask it a different way, then. Were you f~
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24 in the co trtroom when I asked Mr. Butterfield whether or not i WoFewd Ruonm, lrc 25 information concerning radio
- active plume should be included :
l I
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14-3-Jo:Wnl 525 I l
7- 1 in Section 4 of the booklet? f As )) !
2 A I do not feel that it is necessary --
3 Q Let's take it a step at a time. You heard that I
4 testimony, is that correct? l 5 A Yes.
6 Q All right. Did you hear him say that he thought 7 .it might be of an educational benefit?
8 A Yes, I did hear him say that.
9 Q Now, my question is do you agree with his 10 opinion?
11 A Yes.
12 MR. GALLO: No further questions.
(-) 13 JUDGE GROSSMAN: Ms. Rorem?
14 (Pause.)
15 MS, ROREM: Excuse me for referring back and forth 16 here. I all marked up the second copy of your testimony, which 17 was not the right one, so I don't have all of my things 18 highlighted for easy reference.
19 MR. GALLO: While she is doing that, maybe I could 20 get the witness back to make sure I understood his last 21 answer? ,
i l 22 JUDGE GROSSMAN: I am sorry , Mr. Gallo.
2 23 MR. GALLO: While she was paging through trying
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! . i 25 for one last question.
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. ~% 1 JUDGE GROSSMAN: Oh, yes, Mr. Gallo. Certainly. >
BY MR. GALLO:
2 (Continuing) 3 0 When you said you agreed with Mr. B ttterfield, l 4 is that agreement that you think the booklet should contain'
}
5 information on the radioactive- plume and its travels? Is ,
6 that the agreement that you are agreeing to?
7 A It might enhance the booklet. I do not. feel that 8 putting the plume pathway words in the booklet are necessary, 9 Q We are talking now about the radioactive plume
~
-10 and the direction it might take in' the event of an accident, II is that correct?
~
I2 A That is correct.
EN 13 Q Why do you feel it is not necessary.
14 A .The instructions given to the public would be 15 . classified as emergency instructions. If someone says to 16 move a direction because of a problem, I don't think I wo'uld
'17 question to ask what the problem -may be. I think it is- '
~
18 necessary that people take that action.
19 There is going to be pre-information announced.
(
20 Therefore,.when it is given to evacuate by ce'rtain routes from 21 an area, the area you should go, I don't know if a plume 22 pathway, or radioactive plume, has that much significance.
' 23 You are telling people: Move.
Av 24 They are aware there is an accident. There fore ,
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25 the directions are being given by public officials, and it t
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14-5-JonWal 527 i i I l
I would be in their best i nterest. i
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2 Q Do you believe that this information if included 3 in the booklet would enhance that activity in any way?
LJ 4 A For those people who have knowledge of a plume, 5 by chance. I don't think it is necessary.
6 MR. GALLO: Thank you, Mr. Wenger. No f urther 7 questions.
8 JUDGE GROSSMAN: Mr. Wenger, do you think most 9 persons would have knowledge of the plume if no mention is 10 made of the plume in the emergency planning brochure?
11 WITNESS: Could you restate the question.
12 JUDGE GROSSMAN: I am sorry. Instead of
/_ .
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( , / 13 emergency planning brochure, the emergency information x_/
14 brochure, do you think most people will have knowledge of the 15 radioactive plume if no mention is made of that in the 16 emergency information brochure?
17 WITNESS: No.
18 JUDGE GROSSMAN: Ms. Rorem?
XXX INDEX 19 CROSS-EXAMINATION 20 BY MS. ROREM:
21 Q Mr. Wenger, did FEMA conduct any studies on
(~, 22 illiteracy in the EPZ around the Braidwood Station?
G 23 A No.
On Section -- in Section 3 again of the booklet, Am
- wa Reporun, 24 em.Q !
25 where it says to plan for two days I
away from home. Is it
14-6-JonWal 528 ,
l ys 1 possible that an accident or emergency might occur at
( )
' Braidwood Station that would require evacuation for more than l 2
i 3 two days?
() 4 A Yes, that is a fair assumption.
5 Q Is there any way given in the booklet whereby i
6 people who are reading the booklet have any idea of that?
7 A No.
8 0 Mr. Wenger, in your testimony, on page 5, the 9 second paragraph, you state: Questions of respiratory 10 protection are addressed in Sections 2 and 3 of the booklet.
11 Would you please point out where in Section 2 12 questions of respiratory protection are dealt with?
13 A In Section 2 of the public information booklet, 14 the bullet that says: Go indoors and stay indoors.
15 The second bullet, which says: Close all doors 16 and windows. The third b tilet which says: Shut off systems 17 that draw in outside air, such as furnaces, fireplaces, 18 air conditioners.
19 Q Thank you, Mr. Wenger. Now, does this tell people 20 in any way that this is -- these instructions are being 21 given for matter of respiratory protection?
p., 22 A I am sorry. I guess I was anticipating you l
U You didn't give me the chance.
- 23 asking me about Section 3.
("% I will ask the questions.
24 Q m{ a,) Recone,s, inc.
I 25 A Would you restate'the question then, please?
__ =. - - . ..
'14-7-JosWal' 529 1 Q Does it state-anywhere in this section of the r, ,
(
2 brochure that these instructions are given for purpose of f 3 respiratory protection?
4 A No.
5 0 Now, with respect to Section 3 of the brochure. i s
6 Can you point out the section that deals with questions of 7 respiratory protection?
8 A The second bullet: Gather people together in 9 your home together. If you have children and others at 10 school,'they will be taken care of. 'Do not try to pick them 11 up.
12 O This is the respiratory protection?
13 A I feel it deals with that; to tches on it, yes.
14 0 It touches on it. Does it in any way state that 15 these instructions are to be followed for reason of radio-16 active protection? Respiratory protection?
17 A No.
18 Q Mr.-Butterfield, do you feel that there are any 19 sections of the population --
1 20 A I am not Mr. Butterfield.
21 Q Qh, I am sorry. Excuse me, I am sorry. Mr.
22 Wenger, are any sections of the population in greater need
! O-23 of respiratory protection than others?
24 A Yes.
25 0 Which sections ar'e those? ,
k
I 14-8-Jo;Wal ,
1 530 1 A Possibly younger people.
)
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2 Q Mr. Wenger, could an accident happen whereby 3 matters would escalate so rapidly that evacuation would be , l E
_,) 4 recommended very soon after the sirens were activiated? That !
5 is, so that people receive instructions, they turn to'the 6 radio, and they are immediately saying evacuate.
7 A No.
8 Q Are the sirens sounded before a decision has 9 been made to either shelter or evacuate?
10 A Yes.
11 Q Mr. Wenger, in Section 3 of the pamphlet, the 12 seventh item, Shelter your livestock, do you know how long
( / 13 it take for someone who lives within the EPZ to shelter their
\_/
l-4 livestock?
15 A I am going to speak from experience. Yes.
16 Q Okay. It states that you will be permitted to 17 return and care for them, the livestock, as soon as it is 18 safe. Will it necessarily be safe to return at a point at 19 which livestock needs to be fed and watered again?
20 A There is an awful lot depending on that. I feel 21 yes.
fs 22 O In other words there is no accident which can
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25 and watering?
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- 1 A The owner may be cautioned against going into the :
5 I
' ' 2 area, but there are provisions which will take care of the 3 livestock. !
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( 4 Q Does he know that from reading this brochure? !
5 A No.
6 Q Mr. Wenger, the item right above that instructs 7 those reading the pamphlet -- the brochure -- not to take 8 pets unless going to a friend or relatives house.
9 Does it say what to do with pets?
10 A No.
11 Q Mr. Wenger, did you say earlier -- I want to 12 clarify something -- that sirens will be sounded before l 13 a decision is made to shelter or to evacuate the public?
14 A Yes.
15 Q Then what is the purpose of the sirens as a prompt 16 notification system?
17 A The purpose of the sirens is to get the attention 18 of the people to tune to the radio for further information.
19 Q Mr. Wenger, isn't it true that at the time the 20 sirens are sounded, that a decision has alrea'dy been made 21 to shelter or evacuate the public?
g- 22 A That is possible.
L._/
23 Q But it is not necessarily the case?
24 A It is not necessarily the case, that is correct.
Aca er;) Roorters, Inc.
25 Q Under what ciredmstances, Mr. Wenger, would the
14-10-Jo;Wal ;
532 1 4
i sirens go off before a decision has been made to shelter or ;
I i s '
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-' 2 to evacuate? i 3 MR. GALLO: Objection -- I am sorry. She didn't !
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(t~) 4 finish her question. I thought she was going to ask more, I s.s )
5 and I interrupted her. I apologize.
6 JUDGE GROSSMAN: I am sorry, I can't hear you, 7 Mr. Gallo.
8 MR. GALLO: She didn't finish her question. I 9 was apologizing for interrupting her. I am going to have an 10 objection as soon as she does.
11 MS. ROREM: I did.
12 MR. GALLO: The objection is that the question is I 13 irrelevant to the issue at hand, and beyond the scope of
+
./
)
14 Mr. Wenger's testimony.
15 Questions concerning the decision-making of when 16 to evacuate and *.. hen to shelter in relation to when the l'7 siren is sounded has nothing to do with pre-accident public 18 . information to the public.
19 JUDGE GROSSMAN: This is a preliminary question, 20 and I am sure Ms. 'Rorem has some follow-up question, so we 21 will allow i.t.
22 Ms. Rorem, it is conceivable to me that the siren
()
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23 would sound and there would be an announcement on the radio 1
24 saying that some unscheduled occurrence has happened, and Am i Reporters, Inc.
I 25 please stay tuned, but in any event, that appears to be the
14-ll-JoeWal 533
-s 1 gist of the testimony.
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2 You can continue asking, and I believe you have 3 a legitimate question before 'the witness now which is under
(~ ;
(_) 4 what circumstances might the siren sound in advance of a 5 decision being made as to whether to evacuate or shelter?
6 WITNESS: That is the question to me, sir?
l' 7 JUDGE GROSSMAN: Yes.
i I
8 WITNESS: The officials would make the decision 9 to notify the public, and if I may refer you to Section 1, 10 fourth bullet, he will be given information and instructions ;
11 if there is a real call for concern. Respond promptly to i 12 all instructions. If officials say to shelter indoors or ,
13 evacuate, refer to those sections.
14 Officials may decide it is necessary to notify 15 people. In the State of Illinois they take a very 16 conservative approach, and sound the sirens early in the ,
l'7 classification of events.
3nd 14. 18 Precautionary. l 4S fols .
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534 Sim 15-1 1 BY MS. ROREM:
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- (~s/ 2 Q But if there'is not a real call for concern, you
- 3 won't be given information instructions, correct?
() 4 A It is judgmental.
5 Q So it is possible that the siren can just go off, 6 and you can tune to the radio and they won't give you any 7 instructions of information.
8 A The siren won't just go off. It has to be initiated 9 by someone ---
F 10 0 I understand that, but I mean the sirens could ---
11 in other words, we are getting back to will the sirens --
12 the sirens will not be activated without a real cause for
-m, 13 concern?
14 A That is reasonable, yes.
15 Q So then in the fourth item, you will be given 16 information and instructions if there is a real call for .
17 concern. The phrase "if there is a real call for concern" 18 is somewhat gratitious?
19 MR. GALLO: Objection. The question is not 20 understandable.
21 JUDGE GROSSMAN: Could you rephrase the question i'
22 so-it is complete by itself, Ms. Rorem.
( 23 BY MS. ROREM?
g/~] 24 Q If the fourth item simply said you will be given Ac(fd Reporters, Inc.
25 information and instructions / would it be the same? Would
535 Sim 15-2 it have the same meaning?
1 s- /
2 A Would it have the same meaning as what is stated 3 there now in a complete sentence?
m 4 Q No. If the complete first sentence of that was (v) 5 you will be given information and instructions period, c'oe s 6 that mean the same thing as you will be given instructions-7 and information or information and instructions if there is 8 a real call for concern?
9 You just said that the sirens would not simply go 10 off, but there would be follow-up.
11 A I am confused.
12 JUDGE GROSSMAN: Start again. It is late in the
) 13 day Ms. Rorem.
w/
14 MS. ROREM: All right.
15 BY MS. ROREM:
16 0 The first item says -- well, the section is 17 titled "If you hear a siren sounding." Is there ever a 18 circumstance in which the sirens will simply sound or be 19 activated without follow-up?
20 A No.
21 Q In that case wouldn' t, given that sirens are not p, 22 sounded without follow-up, that is on one of the radio e !
23 stations, wouldn't the sentence mean the same thing if it 24 said simply you will be given information and instructions l Aca.I Reporters, Inc.
25 period? -
i
536
-Sim 15-3 1 A Yes.
2 JUDGE GROSSMAN: A further question is are those 3 words, "If there is a real call for concern," misleading
() 4 in.that it suggests that there are situations in which the t 5 siren will sound and no information and instructions will 6 be given?
7 THE WITNESS: -It would not be the case that the 8 sirens would sound and there wouldn't be follow-up lp information.
10 JUDGE GROSSMAN: So that if you had ended the sentenc e 11 after the bold letters, " instructions," you would be 12 describing every situation. But now isn't it true that
/% i 13 with those further words in there, "If there is a real call (s /
s 14 for concern," there is a suggestion that there is another 15 Possibility that there is a case in which a siren will 16 sound ~and no instructions willl be given because there is 17 no real call for concern?-
18 THE WITNESS: I believe I understand what you are 19 saying.
20 If I may, , the sirens would be sounded if there is 21 a call for a concern, meaning there will be information 22 following for you to by chance take protective measures.
23 The concept is to get attention, to draw attention by sounding 24 the sirens to get people to the radios.
Ac q/}l R a eporters, Inc.
25 MR. FLYNN: your Honor, I think I can suggest a
537 i imj 4 I quicker way through this whole issue, if I may.
I 2 We started out on this with the question is it 3 ever the case that the sirens sound before the decision to O 4 shelter or evacuate.
5 I think what Mr. Wenger is trying to tell us is 6 that there may be a situation where the instructions you 7 get on the radio are simply to stay tuned for further 8 instructions.
9 JUDGE GROSSMAN: Well, that is correct, Mr. Flynn.
10 The reason I started to stop you was I thought we had II completed this line of questioning and were finished.
12 I am not sure what you are suggesting now is a 13 full response tc Ms. Rorem's line of questioning, but I 14 think the record is complete now, and if we are go any 15 further we.are getting into arguments which best could be 16 supplied by counsel later on.
I7 BY MS. ROREM:
18 Q Mr. Wenger, on page 3 of your testimony, about half I9 way down it is referring to the section on radiation, and 20 u
it says, "It state's -- referring to the broch're, or the section on r_adiation - "It states that radiation doses 22 of over 20,000 millirem in a day are necessary to produce 23 identifiable effects in the body. This is over 200 times l /O i
/
24 Acy2l Reporters, Inc.
the amount of radiation a person is normally subject to in an entire year."
538 S 5-5 I Is that correct that it states that?
2 A That is my understanding, and it is correct that 3 it does state that.
7~.
4
() _, Q Does it state that this amount is over 200 times 5 the amount of radiatidn a person is normally subject to in 6 a year?
7 A Does it stice that?
8 0 Yes.
9 A Yes. Does the brochure state that?
10 Yes, does the brochure state that.
0 II A Not the identical wording. It draws reference to 12 it in Section 8.
I ) 13 Q How does it draw reference to it, Mr. Wenger?
</
I4 A In the right-hand column of Section 8 at the top 15 it makes an indication of 20,000 millirem received within 16 a day can produce identifiable effects in the body.
17 Q But the calculation that this amount is over 18 200 times the amount of radiation a person is normally 19 subject to in an entire year is your calculation, correct?
20 A Yes.
2I Q It is not present in the sectica on radiation?
22 JUDGE GROSSMAN: Ms. Rorem, if you will look at
,S i /
n-23 the first column on that page, you will see the additional 24 Ace-
- of Reporters, information Inc. necessary to.make that calculation.
25 MS. ROREM: Yes. Th'ank you, Judge Grossman. I
. . .. - - . - - . . - . . ~ -___ .. -
539 Sim 15-6 )
understand how the calculation is made. I simply want to
-[-
(__/ 2 clarify that that particular calculation is made by 3
Mr. Wenger and it is not make in the brochure.
4 (Pause.)
/]
- 5
. Judge Grossman, may I please have about a 10-minute 6 break while I decide whether or not to ask any further 7
questions?
g JUDGE GROSSMAN: Fine. Why don't we reconvene 9 at 4:40.
10 (Recess taken from 4:30 to 4:40 p.m.)
2 jj JUDGE GROSSMAN: We are back in session.
12 Ms. Rorem, do you have any further questions?
j MS, ROREM: I just have a few more questions.
13
%)
34 CROSS-EXAMINATION (resumed) 15 BY MS. ROREM:
16 Q Mr. Wenger,- you testified that FEMA's position is j7 that respiratory information should not be in the brochure; 18 is that correct?
i 1
19 A That is correct.
20 Q But the evaluation criteria on page 2.of your
-21 testimony says that respiratory information shall be included 22 in the brochure; is this correct?
l O 23 A That is quoting from NUREG 0654, that is correct.
4 MS. ROREM:
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24 Thank you very much, Mr. Wenger.
Ac . tl Reporters, Inc.
i 25 JUDGE GROSSMAN: Mr..Flynn.
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- Simf 15-7 j MR. FLYNN: Yes. Thank you, Your Honor.
4 f
+
IN-rGDEX
]/ - 2 REDIRECT.-EXAMINATION 3 BY MR. FLYNN:
0 Mr. Wenger, it has been established in your testi-
} 4 5
m ny and that of Mr. Butterfield, that the brochure does 6 n t mention the word " plume" or use the phrase " plume exposure 7 pathway." Does that' fact affect the acceptability of the' 8
brochure?
9 A No.
B 10 0 In Ms. Rorem's cross-examination of you she raised
. jj some questions about how farmers know what to do with their 12 livestock and so on. If a farmer had the brochure but nothing else and had questions about how he was to care for his live-i
]'} 13
'x) j4 stock, that is to say before an accident happened, how might 15 he get the information that he needs?
- 16 A I draw your attention to Section 6 on the back side j7 of that section. It lists four locations you can contact 18 f r further and additional information.
.j9 0 And if he were to call one of those numbers, would 20 he get that information?
21 A They would assist him with information or direct 22 his attention to the responsible location.
O
\ J' 23 0 And if a pet owner had questions about how to deal
(~' 24 with pets during at evacuation and had nothing but the Ac d Reporten, Inc.
25 brochure, how would the pet owner have his questions answered?
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I 1
541 l l
Sim 15-8 j A In the same manner. l MR. FLYNN: I have no other questions.
2 JUDGE GROSSMAN: Mr. Gallo.
3 4 RECROSS-EXAMINATION
, . er mR. GAttO:
6 O Mr. Wenger, you characterized in your testimony 7 certain protective actions involving sheltering as a kind f respiratory protection. Is that the same type of 8
9 respiretory protection that is intended by the guidance in 10 NUREG 0654, specifically the paragraph stated on page 2 of jj your testimony, and the paragraph I refer to is (c) ?
12 A Yes.
13 0 It is the same type? Do you see paragraph (c)
(
j4 where it says " Protective measures, for example, evacuation h
15 r utes and relocation centers, sheltering, the respiratory 16 Protection"? Did the guidance have a different type of 17 respiratory protection in. mind when they used that term as 18 Opposed to sheltering, or otherwise why would sheltering i
1 j9 be there too?
20 A Could you restate the question?
21 Q. Yes. The question is simply your understanding of 22 NUREG 0654 as the term " respiratory protection" is used O 23 in-criteria two, paragraph (g). Is that phrase just a i
24 redudant statement following the word " sheltering"? Do
'[
- Acg.sl Reporters, Inc.
l 25 they mean the same thing, or do they mean something different?
542 im 15-9 j A I believe that is a matter of interpretation because
/
2 it also says evacuation, which Inwould consider a type of respiratory protection.
3
(] 4 Q All right. So you don't believe that in NUREG
-.J 0654 that the term " respiratory protection" has any special 5
unique meaning ther than the general definition that you 6
have given it?
7 8
^ ' " '
- 9 Q Then I am confused by your testimony. In response 10 to my questions you seemed to indicate that certain types jj of respiratory protection need not be included in the 12 booklet, and indeed it wasn't until we defined respiratory
(- i 13 pr tection that we got down to certain types.
i
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g You seemed to be saying that respiratory protection 15 is not required in answer to my questions, but your testimony 16 and your responses to Ms. Rorem's questions say that it is required. I den't understand that.
)7 A NUREG 0654 is guidance, suggested guidance. It is 18 j9 not a requirement. To accomplish these listed protective 20 .me sures can be done in many ways.
21 Q Was it your understanding that respiratory protection 22 s used in 0654, and I am talking specifically of the words 23
" respiratory protection," paragraph (c) of criterion two, Item G, that your understnading is that those words are 24 pcea Reporters, Inc.
25 really referring to the use of, handkerchiefs over the nose,
543 P','15-10 j dust masks and oxygen masks and those kinds of paraphernalia?
r
-(+ 2 A It could very well mean that.
3 Q But yots don't know?
4 A No.
5 MR. GALLO: Thank you. -
6 JUDGE GROSSMAN: Ms. Rorem.
7 RECROSS-EXAMINATION ZDEX' 8 BY MS. ROREM:
1 I O Mr. Flynn asked you what someone, a farmer with 9
10 livestock or a pet owner should do to find out how to take 11 care of their pets or livestock, and you referred him to 12 Section 6, the box, and pointed out the four agencies listed 13 there and said that they can help with that information.
{~
14 Are you personally aware that each of these four 15 agencies can and will give the proper information to anyone 16 who asks for it?
17 A I have reasonable assurance.
18 Q Can you tell me the nature of this reasonable 19 assurance?
20 A My past association with these organizations site 21 specific to Dresden, LaSalle, five or six years of experience.
22 Q Does that involve all four of those agencies?
O 23 A No.
24 .Q Mr. Wenger, you earlier testified that NUREG 0654 was
'Ac;(j ' Reporters. Inc.
25 the joint product of FEMA and the NRC; is that correct?
544 Sim 15-11 j A Yes.
( 2 0 So it represents the FEMA opinion with regard to 3 the emergency brochures; is this correct?
4 A I don't believe I understand your question.
V(')
5 0 Well, if NUREG 0634 is a joint NRC FEMA product, 6 then it does represent the FEMA position regarding. emergency 7
brochures, correct?
8 A Yes. .
9 Q And is it not the major document guiding FEMA 10 evaluation of State plans?
jj .A Yes.
12 0 Mr. Wenger, you indicated that the respiratory
-[y l'3 Protection, or you characterized the respiratory protection 14 referred to in your testimony as referring to the sheltering; 15 is this correct?
16 A Did you say just sheltering?
j7 Q No. The sheltering in Sections 2 and 3.
18 A Yes.
j9 0 For clarification, is this your interpretation of 20 respiratory protection or is this FEMA's official interpretatic a gj of respiratory protection?
22 A I believe it represents my agency.
23 0 Then I have to go back and ask you again what the p/ 24 difference is between the words " sheltering" and " respiratory Ac; al Reporters, Inc.
25 protection" in evaluation criteria 2(c) as listed'on page
545
$1m-15-12 1 2 of your testimony?
2 A Respiratory protection, as I cited in Section 2, 3 would be those bullets that I referenced, the first three 4
bullets. It is recommended that the best thing to do to 5 protect health would be to go indoors and stay indoors, 6
close all the ventilations and remain inside.- That would 7 protect your respiratory system. You wouldn't'.be outside in
^
4 8 the ambient environment.
9 Q 4
How is that different from sheltering?
10 A _That is sheltering in respect.
11 i
Q So as far as what the brochure discusses of 12 respiratory protection, it only discusses sheltering, correct?
(,O 13 A Yes.
14 Q Is FEMA's official definition of respiratory protec-4 15 tion written down any place other than in this citation from 16 NUREG 0654?
17 A To this time, to iny knowledge, 9654 is the guidance.
18 O And there is no other written definition of 19 respiratory protection?
- j. 20 A Not that I'am aware of.
! 2I JUDGE GROSSMAN:
1 Excuse me. Ms. Rorem, I think we 22 know what the witness believes, but I am not sure that this O 23 isn't also a legal problem. I know Mr. Treby deferred to 24 Mr. Flynn, but I think you are both on the hook as far as e/ JJ neporters. inc.
25 this goes, and I think we real'ly do want to find what the
i 546 i
- Sim 15-13 I official position is of the NRC Staff and of FEMA with
.. (
- 2 regard to-what respiratory protection means.
i 3
i
.I think that is more of an agency position than i
h 4 a matter-of expert testimony. So I think you should.as
- 5 soon as you can inform the Board and the parties as to what 6 your agencies respectively believe that term to mean in 1
7 NUREG 0654.
8 lend Sim iSue fols
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547 I BY MS. ROREM: (Continuing)
M (SueW 2
Q Mr. Wenger, are you familiar with the earlier j 3
brochure from the Byron Station?
i ,
C/ 4 A Yes.
5 Q Let me rephrase that. Are you familiar with 0
Commonwealth Edison's earlier copy of their public information 7
brochure,"What to do in Case of a Nuclear Station Emergency?"
8 A Yes.
9 Q Do you have a copy of that?
A No.
11 MS. ROREM: I have only one copy of this. I would be happy to show this to the witness.
,f g f l 13 I
k' i/ JUDGE GROSSMAN: And you should also show -- i 14 MS. ROREM: I will show it to the Board. ;
15 l JUDGE GROSSMAN: -- it to the Board and counsel, i 16 the other parties. ;
17 l (Ms. Rorem is showing the document to the Board I
18 members.) l 19 MR. FLYNN: Could she show that --
20 JUDGE COLE: I think they want to see it before 21 you show it to the witness.
22
(
/~')s MS. ROREM: Okay.
t JUDGE GROSSMAN: Counsel first. I didn't realize t
l 24 Ace es Reportm, Inc. that you --
25 MS. ROREM: I'm sorry.
548
". # V ~ ' - S u e W 1 (Ms. Rorem is showing the document to the other l
2 Parties.) ;
l.
3 JUDGE G,ROSSMAN: I will finish my sentence.
4 That you were not aware of what was being shown to the !
t 5 witness. !
6 MR. GALLO: Your Honor, while this is being done 7 I am going to object with respect to any questions asked on i
- 8 the booklet on relevance grounds.
9 The book that I'm referring to is the previous .
10 booklet that Mrs.-Rorem has referred to. What is at issue 11 in this case is the booklet prepared specifically for 12 Braidwood Station.
. rN l f* 1
/
13 'MR. FLYNN: I would support that objection and 14 add the additional objection that it's beyond the scope of 15 the previous examinations. !
16 JUDGE GROSSMAN: Overruled. 1 17 MS. ROREM: Oh', I have to show it to you. i 18 JUDGE GROSSMAN: I don't think you have shown it l
19 to the witness. 4 1
20 (Laughter.)
i 21 MS. ROREM: Excuse me. I'm sorry.
22 (Ms. Rorem is showing the witness the document.)
23 BY MS. ROREM: (Continuing) 24 Q Now, would --
Ace what Reporters, Inc.
( 25 JUDGE GROSSMAN: Ms. Rorem, could you tell us what i
l l . -
549
- pSueW 1 you have shown the witness now?
2 MS. ROREM: What I have shown the witness is an ,
i 3 earlier version of Commonwealth Edison's public information l
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's '
4 brochure entitled "What to do in Case of a Nuclear Station I I
5 Emergency."
6 It had been used for Zion and Byron and Dresden.
7 BY'MS. ROREM: (Continuing) i 8 Q On Page 7, Item 7 up at the top, it states: "If 9 you must go outside place a handkerchief or a protective mask 10 over your nose and mouth. Limit your time outside as much as i 11 possible." !
c 12 Mr. Wenger, that is the section I showed you in 13 the brochure, is it not?
x- J t
14 A Yes. i 15 0 Okay. Thater_oc__ a had been reviewed by FEMA 16 in connection with Zion and Byron, correct? And Dresden, i 17 correct?
18 A I'm not certain. There is a point of confusion l 19 in my mind. I don't feel I can address that.
l I
l 20 Q Why not?
21 A It's in my mind that the brochure for the Byron i 22 Station is on this order. If memory --
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l R/ .
l 23 Q Excuse me.
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[ 24 Am,w ,2d Resorters, lm:.
A -- serves me correct, that one I'm not familiar l
25 with that one of the old format. I was thinking it was in l l
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1
550 01 SueW j this format.
2 Q Okay. Excuse me. I misspoke. It was reviewed 3 in connection with Zion and Dresden, correct? !
I'>') A That formated document?
4 I
5 Q Yes.
6 A Yes.
7 Q That statement is not in the current brochure, ;
8 correct?
9 A That is correct.
10 Q To your knosledge, is that statement or other l 11 statements like that used in brochures by other utilities? l l
12 JUDGE COLE: You are referring to the statement i
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f' la about placing a cloth over your mouth when you go outside?
14 MS. ROREM: Yes. Yes, Judge Cole.
I 15 WITNESS WENGER: I can't recall.
16 BY MS. ROREM: (Continuing) 17 Q Let me show you a brochure from the Catawba Nuclear 18 Plant. .
19 JUDGE GROSSMAN: From where?
t 20 MS. ROREM: Catawba.
i 21 (The Board members and the parties are being
/~T 22 shown the document, as well as the witness.) !
(_/ i 23 MR. FLYNN: Your Honor, I object that this line i J)
( ) 24 of questioning is becoming unduly repetitious. If there is '
Ace'4 .no neporters. Inc.
25 a point to this, we haven't gotten to it yet. ,
1 1
551
-SueW l MS. ROREM: I'm going to close it up very quickly.
2 MR. FLYNN: I would like to raise an additional 3 objection of irrelevancy. The brochure involved is from a l
\'") 4 different utility and a different region.
5 JUDGE GROSSMAN: Well, for one thing it is used 6 as impeaching material, and I think it's appropriate.
7 Another reason why we allowed this line of question :
8 ing is that it is relevant to what the understanding of 9 respiratory protection is as far as NUREG 0654 goes.
10 And I don' t think that we have gotten a definitive j ll response to that. So, you may proceed, Ms. Rorem. !
12 BY MS. ROREM: (Continuing) I c-, 7 13 Q The information which was shown in the Catawba m
14 brochure states: " Hold a damp cloth over your nose and 15 mouth. This would help keep radiation from entering your 16 body."
17 Is that correct?
18 A Yes.
19 So, in other words, there are other utilities Q ;
20 which include this information as part of their emergency 21 brochure, public information brochure, correct?. ;
! 22 A Yes. It's interesting that one says dampen cloth.
)
23 Q Does FEMA consider this to be respiratory protection?
.ON
(. 24 l 23 neponm, inc.
A I would have to assume yes. ;
- 25 And it could be -- it could fit under the guidelines 0
I i
! I
552
-SueW I to NUREG 0654 Criteria 2, Part C, which mentions respiratory I 2 protection, correct?
5 1
3 A Yes, as guidance.
/
\'
4 MS. ROREM: Thank you, Mr. Wenger. !
I 5 JUDGE GROSSMAN: Mr. Flynn.
l 6 REDIRECT EXAMINATION f ,
7 BY MR. FLYNN:
1 2NDEXX 8 Q Yes. Mr. Wenger, in the cross-examination that ;
9 we have just gone through it has been established that
{
10 NUREG 0654 mentions as guidance respiratory protection is a l Il subject to be covered.
12
-n ;, It has also been established that the booklet for i
(
', j 13 Braidwood, Applicant's Exhibit 1, addresses respiratory 14 protection only in the context of sheltering and evacuations.
15 It does not address it in the context of a cloth or any other 16 object to be placed over one's mouth.
17 In view of this, do you still find that this 18 brochure is acceptable?
19 A Yes.
20
~
Q Why?
21 A It touches on the high points of commanding a 22 (v) person's attention to take the necessary lead up precautions 23
, in the event the sirens, the prompt alert notification system ,
' 24 l
h k.Jat Reporters, Inc.
is activated, and they tune to the radio. It does not -- it I l
25 extracts highlights of the planning document, the plans which l
553
- -SueW 1 are here before me. It doesn't go into detail, but it hits 2 the high points to get the public's attention, therefore, so 3
they direct their attention to the radio to get more specific i._) 4 detailed instructions from officials who know what to do and 5 what protective actions to implement.
6 0 Why do you not feel it is important that the l 7 brochure advise people to place a handkerchief or some .
8 other protection over their mouth and nose?
9 A It may not be necessary by chance. If I may 10 continue, in that they may be in an effected sector but not '
11 with radiation, radioactive iodine airborne.
12 The whole concept is to take protective measures
( ,
/ 13 prior to.
14 Q Prior to what?
I 15 Prior to a release or prior to damage to the 1
A 16 environment which could impact on the health and safety of 17 the public.
18 Q '
Is the type of respiratory protection that we 19 have just been talking about appropriate under all circumstances 20 i which might trigger the sirens going off?
21 A No.
22
(~3 Q Can you elaborate on that a little bit?
V 23 A The effected area would be primarily down wind 24 l (' from the plant. And in the section. Therefore, the sectors
% d Reporters, it,c. l 25 on both sides and that primary sector are the ones which would l
l
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554 l
l T"--8-SueW i be the principal protective actions that would be recommended.
People in the adjoining sectors, there would be l 2]
-3 no need-to use respiratory. protection or probably not even i '
L1 4 .to shelter.
5 MR. FLYNN: I have no other questions at this ;
6 time.
4 F
7 JUDGE GROSSMAN: Mr. Gallo, do you have -- !
8 MR. GALLO: Yes, Your Honor.
l 9 JUDGE GROSSMAN: -- questions? ; ,
j l 10 RECROSS EXAM [ NATION f 11 BY MR. GALLO:
INDEXX- 12 Q Mr. Wenger, I show you the planning information l
- - f]
{. 13 booklet f6r Catawba that was handed to you by Mrs. Rorem.
14 Is it accurate that it says 1984 edition at the 4 i 15 top? !
16 A That's correct. [
}. 17 Q Do you know wh'ther e or not the 1985 edition ,
+
I 18 contains the statement referred to you by Mrs. Rorem in i
- 19 this booklet?
20 A I have no knowledge of that brochure other than
{
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21 what you have just shown me.
f 22 0' The answer to my question is you don't know?
4 j- 23 A I do not know.
(
Asek :3d Reporters, Inc.
24 Q Mr. Wenger, do you recall the occasion of 25 September 10th, 1985 when I t'ook your deposition?
4
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l 555 l
l e-9-SueW 1 A Yes, sir.
I 2 Q Do you recall my asking a series of questions as j 3 to whether or not the booklet should contain the statement 4 similar to the statements referred to by Mrs. Rorem, if it 5 becomes necessary to go outdoors that it might be appropriate 6 to have a moist handkerchief or damp handkerchief over one's i 7 nose?
I 8 Do you recall that question? Perhaps I could 9 give you the deposition and it might refresh your memory. '
10 A I do recall our conversation, yes. I 11 Q Do you recall that in response to my questions t
12 that you testified on the deposition that that type of
\
, 13 information was best left out of the booklet because decisions 14 on whether or not to take that type of respiratory protection 15 should be left to the State, and a decision to do or not to 16 do that sort of thing ought to be made at the time of the 17 emergency rather than included in a pre-accident informational 18 booklet?
19 A My memory is becoming clearer, yes.
20 Q Do you recall that?
21 A Yes, sir.
22 Q Now, if you would like to look at the pages I l 23 have here I will be glad to show it to you, to show you the 24 h
Am rwee nepo,rers, w.
line of questions and answers. !
j 25 A Would you, please? ;
I l
I
556
- 0-SueW I Q It starts on Page 49 and goes over to 50 and 2 51. I 3 A (The witness is looking at the deposition handed 4 to him by Mr. Gallo.)
END #16 5 Jos flws 6 i 7 :
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10 11 12 13 14 15 16 17 18 19 20 21 1
22 23 f N 24
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17-1-JonWal 557
; 1 Q Was it your testimony that rather than include 2 information on respiratory protection such as the use of 3 handkerchiefs or dust masks, that that kind of advice --
C1 4 strike that.
5 Was it your testimony that rather than including 6 information on respiratory protection, that is dust masks 7 or handkerchiefs in the booklet, that it was more appropriate ;
I 8 to leave that type of advice up to the State authorities I i
9 at the time of an accident? l l
I 10 A Yes. i t
11 Q Has your testimony changed today?
12 A No. !
1
' ~'3 I
, 13 Q In that respect.
~
i 14 A No. 4 l
1 15 MR. GALLO: I have no further questions. i e
16 JUDGE GROSSMAN: Ms. Rorem? l OOC INDEX 17 RECROSS EXAMINATION !
18 BY MS. ROREM: '
19 Q Mr. Wenger, you stated that the public information i
20 booklet is a collective effort between the St' ate of Illinois, ,
21 the operating utility, and effected county governments, is j i
r~x 22 that correct?
() _
23 A Yes.
( ' 24 Q Does the State not want that information included -
unt :d nem n.n,ine. l 25 about other protective -- re'spiratory protective measures? ,
i i
17-2-Jo Wnl 558 1 A I have no knowledge of that.
2 Q Do the affected county governments not want that 3 information included about respiratory protection?
.' 4 A I have no specific knowledge of that.
5 0 Does the operating utility not want that 6 information about respiratory measures included?
7 MR. GALLO: Oldection. Contrary to the testimony 8 of Mr. B ttterfield. {
l 9 JUDGE GROSSMAN: I am sorry. What is the objection?
10 MR. GALLO: She is mischaractized the record.
11 Mr. Butterfield has testified specifically that the operating 12 utility, that is, Commonwealth Edison, does not desire that
- ~N ,
13 information in the booklet.
& - i 14 JUDGE GROSSMAN: That doesn't preclude her asking ,
15 this witness that same question.
16 Could you respond to the question? I i
17 WITNESS: On cd again, would you state it please? !
18 BY MS, ROREM: (Continuing) i 19 Q Does the operating utility, that is, Commonwealth ,
i 20 Edison, not want the information about respiratory protective 21 measures in,the brochure?
I 22 A I have no specific knowledge of that.
r3 l i
23 Q So you have no specific knowledge of any of these n
( ) 24 entities which are listed in the State plan as being parties !
u=L_23 0ponm. w. I 25 to the collective effort of 'this public information booklet i l
17-3-Jo Wal 559 not desiring the information in the booklet.
d/ 1 2 A I have no knowledge of any of them objecting and 3 not wanting it in there.
,m t
's 4 Q Mr. Wenger, you said that it may -- in answering 5 a question of Mr. Flynn -- you said it may not be necessary 6 to use that particular respiratory protective measure in the 7 event of an accident, correct?
l 8 A Yes. i 9 Q What if it is necessary to respiratory protection?
10 A If it is deemed so by the officials of the State, l 11 the people who have the technical knowledge of it, they would i
12 make a recommendation to take some precaution. l j'
I 13 O So, that information would not be a pre-accident l
14 piece of information which someone would learn, but it is 15 something they would learn early after it was announced 16 on the radio?
l 17 A It would have'to be determined by the severity 18 of the accident, the area affected, to make a determination 19 at that time, a judgment, and make a recommendation and an i i
i 20 announcement. ,
21 Q alt it is a protective measure. It is an ;
() 22 appropriate measure in some situations when the sirens would 23 go off, correct?
24 A Not necessarily when the sirens would go off. !
l Am-rTaerd Reporters, Inc.
25 0 No. The protecti've measure outlined in that .
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17-4-Jo2Wal 560
'"' I brochure might be appropriate to some situation?
u 2 A Yes.
3 Q Okay. You menticned that the protective action m
'm-4 -- the respiratory protective action outlined there may only 5 be applicable downwind, correct?
6 A In a general sense, yes.
7 0 You were asked -- that was contained in an i
8 answer to Mr. Flynn -- a question of Mr. Flynn's, that it ,
9 may only be applicable downwind?
10 A I believe I said necessary.
i 11 Q All right. Necessary. Downwind? ,
i 12 A Yes. I n
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) 13 Q Do you mean where the plume is? !
14 A I do.
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15 Q But the plume is not mentioned in the brochure, .
16 is it? i 17 A No.
18 MS. ROREM: No further questions.
19 JUDGE GROSSMAN: You know, we have been beating 20 around the bush here. ,
21 I don't know if anyone has asked the direct ,
,/~T 22 question as to why this particular statement was deleted ;
, J 23 from the current brochure when it appeared in prior j (
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brochures of the same company.
25 Did anyone ask th'at direct question?
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l 17-5-Joz.Wal 561 1 WITNESS: Not of me.
2 JUDGE GROSSMAN: Do you know why?
3 WITNESS: No, I can't answer that.
4 JUDGE COLE: Just a couple of questions.
- X INDEX 5 BOARD EXAMINATION 6 BY JUDGE COLE:
7 Q Have you participated in public meetings where 8 questions were raised about the wisdom of doing certain '
9 things during an evacuation, like what actions should be 10 performed during sheltering? l 11 A I believe, yes, as I recall.
12 O Has -- have you been at any of those meetings 13 where the actions to be performed by teachers or teachers l 14 aides with children during this sheltering situation, do you 15 -- were you present at any of those public meetings where 16 those kind of issues might have been raised?
17 A I don't recall any, no.
18 0 Well, let me get very specific. Is there any 19 controversy about the wisdom of placing damp cloths over the 20 faces of small children during sheltering operations. Do 21 you recall any controversy about that?
'^
22 A Not in a public meeting. Among staff, the wisdom 23 of the eig,ht agencies that serve on the Regional Assistance 24 Committee it has been discussed, and it seems to me something b r el [gporters, Inc.
25 along that line has come up'about young children. The fear
17-6-Jo:W21 562 1 .it could instill in them.
2 0 Is there any then agreement as to the wisdom of
'3 doing that? Is it now a recommended practice, or is it not 4 a recommended practice, and could this possibly be the reason 5 why some brochures have deleted any reference to respiratory 6 protection?
7 A It is not a recommended practice. There really l 8 is no guidance other than NUREG 0654. There is guidance ;
9 forthcoming I am assured on the development of public l
10 information brochures. What they shall include. But these l l
11 are not available to us at this time.
12 O But NUREG 0654 is silent about the issue of A
( 13 damp cloths over the mouths of children?
14 A We are directed that --
15 Q Is that true?
16 A Yes. There is a silence on that. l 17 JUDGE COLE: 'Thank you.
18 JUDGE GROSSMAN: Mr. Gallo, since everyone else 19 here has some homework, couldn't you tell the Board at some 20 time when you have the information why this particular 21 provision was deleted from the current brochure when it 22 appeared in the company's prior brochures.
23 I think that is the only way we are going to get i
24 an answer, and I don't think we want the record to be 3 Reporters, Inc.
25 devoid of any logical explanation.
17-7-Jo1Wal 563 1 MR. GALLO: I will provide that information, 2 Judge Grossman.
3 JUDGE GROSSMAN: Are there any more questions s_' 4 for the witness?
5 (No response.)
6 JUDGE GROSSMAN: Then the witness is excused, 7 and thank you very much for testifying. ,
l 8
WITNESS STANDS ASIDE. l l
9 JUDGE GROSSMAN: And that almost concludes this 10 session. I don't believe we have any more witnesses, or 11 any other matters other than limited appearance statements. l l
12 Is there anyone here that wishes to make a limited appearance l ,
i ) 13 statement?
14 MR. CAMPBELL: Yes. [
15 JUDGE GROSSMAN: There is one? I 16 MR. CAMPBELL: Two minutes, j 17 JUDGE GROSSMAN: A two minute statement.
18 JUDGE COLE: Excuse me, Mr. Campbell. Didn't you ,
19 make a limited appearance statement on the issue of emergency i
20 planning at the last session we had here?
21 MR. CAMPBELL: Yes, I did. This has nothing to
N 22 do with emergency planning.
\) - i 23 JUDGE COLE: The subject of this meeting is
/q / 24 cmergency planning. l A6 _ca r .wrieri. ine.
25 JUDGE GROSSMAN: Dkay. In view of the fact that
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17-8-JonWal 564 i no one has expressed any desire to make limited- appearance
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2 statement who has not already made statements, and no one 3 else is present here who wishes to make a statement, I O) 1 4 think we won't take any now.
5 Ms. Rorem?
6 MS. ROREM: Judge Grossman, I just would like 7
to have a chance to respond when Mr. Gallo responds to your 8
request as to why the Applicant just decided to delete that 9 information. l l0 JUDGE GROSSMAN: Well, I think that certainly the 11 other parties can comment on any deficiencies in Mr. Gallo's 12 statement. l l
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(' / 13 But perhaps it will be so lucid and correct that !
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l 14 no one will want to pursue it any further. j 15 Thank you very much. l 16 MR. GALLO: We will endeavor to do that, Your j 17 Honor. ,
JUDGE GROSSMAN: The hearing is adjourned.
18 l 19 (Whereupon, the hearing concluded at 5:26 p.m., ,
i 20 Tuesday, October 29, 1985, i
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CERTIFICATE OF OFFICIAL REPORTER w(O This is to certify that the attached proceedings before the UNITED STATES NUCLEAR REGULATORY COMMISSION in the matter of:
NAME OF PROCEEDING: COMMONWEALTH EDISON COMPANY (Braidwood Station, Units 1 and 2)
DOCKET NO.: 50-456-OL; 50-457-01 PLACE: JOLIET, ILLINOIS DATE: TUESDAY, OCTOBER 29, 1985 were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission.
(Sigt) b hb ; f U (sigt) -
(TYPED) Mi/1TLE II. WALSII (TYPED) GARRETT WALSil, JR.
OQicial Reporter ACE Federal Reporters, Inc.
Official Reporter ACE-F"DERAL REPORTERS, INC.
Reporter's Affiliation (Sigt) 6%- // tat,3
(' (TYPED) MARY C.($IMONS Official Reporter ACE Federal Reporters, Inc.
.