ML20137Z333
| ML20137Z333 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 12/09/1985 |
| From: | Joseph Kelly Atomic Safety and Licensing Board Panel |
| To: | Eddleman CAROLINA POWER & LIGHT CO., EDDLEMAN, W., Federal Emergency Management Agency, NORTH CAROLINA MUNICIPAL POWER AGENCIES, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| CON-#485-433 82-472-03-OL, 82-472-3-OL, OL, NUDOCS 8512110273 | |
| Download: ML20137Z333 (6) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION C9cy.,M-L3Q[
ATOMIC SAFETY AND LICENSING BOAfD Before Administrative Judges:
IO ppfp7 JamesL.Kelley,Chairmanho)('.Jrm Dr. James H. Carpenter
,/
M (,7 -
Glenn 0. Bright SERVED DE0101985
)
In the Matter of
)
Docket No. 50-400-0L
)
CAROLINA POWER & LIGHT COMPANY
)
)
NORTH CAROLINA EASTERN MUNICIPAL
)
POWER AGENCY
)
December 9, 1985
)
(Shearon Harris Nuclear Plant)
)
)
ORDER (Concerning Arrangements for Medical Services)
Mr. Eddleman's Contention 57-C-7, as originally drafted, alleged a number of deficiencies in arrangements for medical treatment and services.
The Board rejected most of this contention on various grounds, but admitted a narrowed version of it focusing on the adequacy of lists of hospitals with capabilities to provide treatment for persons suffering radiation injuries.
20 NRC 389, 400-404.
Insofar as 57-C-7 sought to challenge the adequacy of such treatment capabilities, we rejected it as barred by the Commission's ruling in Southern California Edison Co. (San Onofre Nuclear Generating Station),17 NRC 528 (1983).
The Applicants subsequently filed a motion for summary disposition of the narrowed version of Eddleman 57-C-7, which the Staff supported. Mr.
8512110273 851209 PDR ADOCK 05000400 0
PDR 350a
_ Eddleman did not oppose that motion, which the Board granted. Order of February 27, 1985.
Shortly thereafter, the U.S. Court of Appeals for the District of Columbia Circuit set aside the Commission's San Onofre ruling and remanded the case to the Commission for further consideration of the medical services question.
Guard v N.R.C., 753 F.2d 1144 (1983).
Mr.
Eddleman then moved that we reconsider our ruling on Contention 57-C-7, as it had been originally submitted, or as it might be modified in light of the Court of Appeals' decision.
Motion of March 1,
1985.
The Applicant and Staff responded, suggesting that a ruling on the Eddleman motion would be premature in view of the likelihood of forthcoming generic Commission guidance to Licensing Boards on responding to the court's ruling. Responses of March 13 and 15,1985. The Board took no action at that time.
On May 16, 1985, the Commission issued its
" Statement of Policy on Emergency Planning Standard 10 C.F.R. 50.47(b)(12)", providing interim guidance on how post-Guard medical service contentions should be addressed.
In the absence of final Commission guidance on this question, the Board must now address Mr. Eddleman's motion to reconsider in light of the Commission's interim guidance and any other relevant considerations.
First, Mr. Eddleman should advise the Board and parties whether he wishes to press his pending motion.
If not, that will resolve the matter.
If so, the parties are directed to file pleadings addressing the pending motion, including consideration of the following questions (and any other matters they consider pertinent):
9 1.
Should Eddleman 57-C-7 now be admitted as originally draf ted
-- except for the " list" issue already resolved by summary disposition
-- or in some other modified form?
2.
If so, state exactly how such a contention should be worded.
3.
How should any admitted contention be addressed under the Commission's May 16 Statement of Policy?
a.
Would any discovery be necessary?
b.
Could disputed matters be resolved by affidavits, without a hearing?
Pleadings are to be filed on the following schedule:
Mr. Eddleman December 20, 1985 Applicants December 27, 1985 Staff and FEMA December 31, 1985 The Board expects to address and resolve this matter expeditiously.
Reply pleadings will not be accepted without advance permission of the Board.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
, Qa..... / - b!JJs AD(MINISTRATIVEJUDGEJa ps L. Kelley, Chairmafi Bethesda, Maryland
Attachment:
Statement of Policy
20092 Federal Register / Vol. 50. No. 98 / Tuesday May 21, 1985 / Rules and Regulations or minutes must be retained, under Predicting whether a particular meeting
(" planning standard (b)(12)") which subsection (b) of this section.
will consist of discussions "sufficiently stated that a list of treatment facihties focused on discrete proposals or issues constituted adequate arrangements for D:ted at Washmston. D C., this teth day of as to cause or be likely to cause the medical services for individuals who M:y,1985.
individual participatmg members to might be exposed to dangero s levels of For the U.S. Nuclear Regulatory form reasonably firm positions regarding radiation at locations offsite from Comminion.
matters pendmg or hkely to arise before nuclear power plants. GUARD v. NRC.
Samuel IXhtlk, the agency" will require nothing short of 753 F.2d 1144 (D.C. Cir.1985). The Ccurt divmation. And,if the Commission also vacated certain Commission Secretary of the Commi sion.
guesses wrong. there is no remedy decisions which applied this Separate Statement on Chairman because if there is no " meeting" there interpretation in the Commission PilladinMunshine Act Rulemaking will be no notice, no transcnpt, and no proceedmg on operating licenses for the I fully support the proposal set forth in minutes.
San Onofre Nuclear Generating Station.
this notice of rulemaking to change the If the Commission insists on going Units 2 and 3 (" SONGS"). However, the Commission's Sunshine Act rules.
forward with the proposed rule. it Court did not vacate or in any other way However. I disagree with the policy should a least have made clear in the disturb the operating licenses for d; cision to use the revised definition of statement of considerations what SONGS. Moreover, the Court's remand a " meeting" during the intenm period change to present practice the rule is left to the Commission's sound dunng which pubhc comments are intended to effect.The Commission discretion a wide range of alternatives rec:ived and a final rule is pubbshed.
should have explained, with concrete from which to select an appropriate I doubt the usefulness of such intenm examples, exactly what kind of meetings response to the Court's decision. This rpplication. If, on the one hand, the now held by the Commission will be Statement of Policy provides guidance C;mmission appbes the new definition treated as " gatherings" under the to the NRC's Atomic Safety and nirrowly-that is. if it exempts from the proposed rule. Or, if the intent is to Licensing Boards (" Licensing Boards")
definition of " meeting " only the clearest create a new type of meeting not now and Atomic Safety and Licensing of cases-then it will not gam much of held by the Commission, that should Appeal Boards (" Appeal Boards")
value from intenm application. If. on the have been made clear.
pending completion of the Commission's oth;r hand, the Commission applies the I also cannot support the response to the D.C. Circuit's remand.
n;w definition broadly, then it risks Commission's decision to make this rule EFFECTIVE DATE:May 21,1985.
potentially counter. productive immediately effective by applying it consequences for its overall objective to while the comment penod runs. A rule FOR FURTHER INFORMATION CONTACT:
conform its rules to the Sunshine Act.
changing the manner in which the Sheldon Trubatch. Office of the General Separate Views of Commissioner Commission implements the Counsel. (202) 634-3224.
Government in the Sunshine Act, an act SUPPLEMENTARY INFORMATION:
Asselstine the purpose of which was to provide the I approved publication of the public with "the fullest practicable I. Background p e en ng eS s in ct only in ci o aking c sees of the Federal
- II"'I E "" "E * *
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crder to obtain comment on those f,overnment" (P.L No.94-409 l 2). is (b) The onsite and offsite emergency ch:nges. However. I have significant clearly a rule in which the public has an THp nse am nuc at pow" concerns about the difficulty of interest.The Commission should await
"'C administenng the proposed standard public comment before putting the rule
*"da d
which make it impossible for me to into effect.The Commission has (12) Arrangements are made for andorse the proposed rule. I particularly operated under its present rule for eight medical services for contamina'ed invite comment on the concerns years without catastrophe. Waitmg injured individuals.
cxpressed below-thirty more days for pubhc comment 10 CR 50.4Nb)(12b The Sunshine Act is not an easy act to hardly seems to be an onerous burden.
The scope of this requirement was an interpret or to apply.This is the pnmary re son the Commission's present (FR Doc 8b12:17 Filed 5-20 85. 8.45 am) issue of controversy in the adjudicatory regulation was wntten as it was. The aumem caos rswo.m proceeding on the adequacy of the Commission's regulation sets up a bright emergency plans for SONGS. See line for determinmg what constitutes a generally. LBP-82-39.15 NRC 1163.
v10 CFR Part 50 1188.-1200.1244-1257.1290 (1982). The m;eting and what does not. While the Licensing Board concluded that planning Commission may have given up some Emergency Planning; Statement Of standard (b)(12) required. among other fl;xibility when it set up that bright line Policy thmgs. the development of arrangements st:ndard. it did so with a reason. A for medical services for members of standard which provided more AGENCY: Nuclear Regulatory offsite public who might be exposed to flexibility would, of necessity. have Commission.
excessive amounts of radiation as a been less certain and would have ACTION: Statement of Policy on result of a serious accident.15 NRC at created problems of interpretation.
Emergency Planning Standard 10 CFR 1199. The IJcensing Board did not Adopting a more flexible standard 50.4Nb)(12).
specify what would constitute adequate would have made it easier for the Commission to misapply the Act
SUMMARY
- The United States Court of medical service arrangements for such inadvertently in a particular case.
Appeals for the District of Columbia overexposure. However. it found that The standard in the proposed rule Circuit ("D.C. Circuit" or " Court") has there was no need to direct the suffers from just these problems.
vacated and remanded to the Nuclear constniction of hospitals, the purchaae r
Because the standard is vague and Regulatory Commission ("NRC" or of expensive equipment, the stockpilmg subjective. it will be much more difficult " Commission") that part of its of medicine or any other large r
to administer than the present standard. interpretation of to CFR 50.47(b)(12) expenditure. the sole purpose of which
I h y-Federal Registae / Vol. 50, No. 98 / Tuesday, May 21, 1985 / Rules and RegulationD 20893
- g. ' =
weeld he to gesed agamst a very remote of area facdities capable of treating such have been or will be taken promptly, or P
accident. Rather, the Ucensing Board injuries.
that there are other compelling reasons believed that the emphasis should be on Subsequently. Southern California to permit plant operations."
developing specifte plans and fraininr Edison provided a list of such facuities For the reasons discussed below, the people to perfonn the necessary medical to the Licensms Board.The Ucensing Commission believes that Ucensing g
Board found that the list satisfied Boards (and, the uncontested situations, services.15 NBC at tagg; ne th:ensms Board also found.
planning standard (b)(12). LBp-83-47.18 the staff) may find that applicants who NRC 123 (1983). Thereupon. the staff have met the reqmrements of pursuant to 10 CFR 50.47(c)(1), that amended the San Onofre licenses to i 50.47(b)(12) as interpreted by the although the failure to develop.
rem ve the emergency planning Comnussion before the CUARD decision arrangements for medical servfees for condition previously imposed. 4a FR and who commit to full compliance with members of the oKsite public who may 43246 (September 22,1983).
the Commission's response to the
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be talwed in a sortees accident was a deficiency in the emergency plan, that
- 11. N Coast's Decision CUARD remand meet the requirements of I 5a47(cM1) and thenfom, am deficiency was not sigmficant enough to in Cuoniv.NRC the Court vacated entitled to license conditional of full warrant a refusalto authonze the the '5 ' '"#s interpretation of compliance with the Commission's issuance of operating licenses for planning standard (b)(12) to the extent response to the CUARD remand.'
SONGS provided that deficiency was that a list of treatment facdities was cured within six mornhs.15 NRC at found to constitute adequate ne Comminion relies upon several 1190. (his period was subsequently arrangements for medical services for factors in directing the Ucensing Boards extended by stipulationof the partias4 offsite individuals exposed to dangerous and, where appropriate, the staff to ne Licensing Board provides several levels of radiation. 753 F.2d at 1146.
consider carefully the applicability of reasons which supportedits Mng1 hat 11506 no Court did not revnew any I 50.47(c)(1) for the limited penod this deficiency was Lasign ficaat. Among-other aspects on the Commission's necessary to finalise a response to the these were that the possibility of a interpretatino of planning senadard recent CUARD decision Because the senous accident weewery senatet.
(b)(12). In particular, becauwe the.
Commission has not determined how, or significantly less than one-in-a-million Court's decision addressed the even whether, to define what constitutes per year, and that the natare el
%cy of cartain arrangements for.
adequate arrangements for offsite individuals who han been exposed to radiation exposureinjury being only offsite individuals, the decision, pse4eefed against wee such that does not affect the emergency plannmg dangerous levels of radiation, the available medlemi services hr the ever findmgs nera==ary for low power Commission believes that untilit couldba==11=d speson an ad Amo basic operation.
provides further guidance on this matter, forinjured members of the offsite pubhe.
With regard to full power operation.
Ucensing Boards (or,in uncontested ne Ucensing Board a Interpretation.
the Court also efforded the NRC matters, the staff) abould first consider of planning atandard (b}[12) was called substantial Dexibility in its the applicability of10 CFR 50.47(c)(11.
into question by the Appeal Board.
reconsideratson of planning standard before considermgwbether any ALAB-eeecte NRC 127 (1982). fir-(b)(12) to pursue any rational course,753 additional actions are requimd to F.2d at 1148. Possible further implement planning standard (b][12).
denying a motion to stay the Ucensmg Boards decision the Appeal Board Commission action might range from Such consideration is particularly suggested that the phrase " contaminated reconsideration of the scope of the appropriate because the CUARD' injured indtudunid' had been ased too phrase " contaminated injured decision leaves open the possibility that broadly to inak=le indivuinais erho were individus!s" to imposition of " genuine" modification or reinterpretation of severeiy irradaated. la the Appeal arrangements for members of the pub!!c planning standard (b)(12) could result in Board's view. thaphrase was lauted la exposediadengsmus levels of a determination that no prior individuals onsits and e5mie who had., radimeland Until the Commission arrangements need to be made for off.
been both contaminated with radiation d=e===a==rt how it will proceed to site individuals for whom the and treamiatically injund. hrecord hi ; respondsethe Courts remand, the consequences of a hypothetical accident Commianian provides the followin8 are limited to exposure to radiation.
Saa Ommenom fened 2 suppasm ;,
latedm gaMance to the boards in In considering the applicability of 10 finding that adogmaas nedseal&.e authertuime,and to the NRC staff la CFR 50.47(c)(1), the Ucensing Boards arrangements had been made for suelo luukg a Asu-power operaung hcenses.
(and, in uncontasted cases, the staff) individuals.
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Faced with these differing ;
t HL Interna Calanc.
should consider the uncertainty over the interpretations. the Commiseica. ' )e' c ntinued viability of the current "lieCaramission's regulations certifiedteItastethslugusof11e 7; speciftsaBy contemplated certain meanmg f the phra,se contaminated injured individuals. Although, that interpretuttaa of stand==i equitehle excepdons, of e Iknited phrase currently includes members of (b)(12).
(IInf dtuaman, from the requirereents of the offsite public exposed to high levela.
3s tus San 50N(b). including those pienently f radiation.the CUARD. court has After.
. Federal unomrtain requirements here at issue, Onoise psessedlag clearly left the Conuninion the hemagsmagg sare6ne 50M(cR1) provtdes that:
(FEMA),
r==-'= M "Failuso to meet the applicehle among ctbar things, thst!
standards set forth in paragra ph (b) O(
%cansees who have alreah obtamed operame I-standardMGS)
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h'*"*** ba.ed on comphance we m.
this section may result in the
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e, contaminatet was operatinglisensas demonstrate to the com.
i.co.,m wie, dief.r.no a
isessaded WISM _
IY*MV satisfactioEsf AlheColamisesos that eterpretauen of that pianma6atandani er em
- ""hF en esemptma would be wM r===hase dge publig:,
e deGcienciesin the plana are not medical'arsengemente significant for the plaat in questsom that. [.
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individeals M be y.
2 %, a liel-adequate interim compeneating acticas -
enforcement acneen pursenet to to crH rest 26 sus.
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discretion to " revisit" that deAnition in a-ditB@.' ' I 1' IQ4 ' ash
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Individuals from the coverage of regardingcompliance k, #
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planning standard (b)(12),herefore..
50.47(bMt2) shall be M
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O which could have been s.
4*4 Court's decielon in GUAMv.NRCP%i 0',ay ejeW d ee ucensing Boards (and. la issonatested '
cases, the staff) may reeeemabiy U
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["O conclude eat no additionalactions Dated at ~
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should be undertaken now on the
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4 streng f the present interpretation of "b ~
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heoreover, the l'ammisman believes N
uncontested cases, the staff)could (FR Doc. 85-1221s filedanspegsatI63sthl A,
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SecreraryofF that Licanaine Boards (and la
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reasonably find that any deSciency saAa e coca reno. ewe, w.
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whichinay be found in eessplying with a
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finalized, post-GUARDplemming st:ndard (b)(12) is insignineant for the ggg g g,ggyQtg j-am' f.
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purposes of10 CIR 50.47teg1).%e low g
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probability of accidents which might 4.g,
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F* %* I cnuse extensive radiation exposure 12 CFR Parte 708. 748 and 700M % I Wj during the brief period necessary to M
2.
fin:lize a Commission response to e
g gggg GUARD (as the San Onofr:1Jcensmg
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WMEM Botrd found, the probabilitiof such an Aeasecy:NationalCreditUniesc er-
?D ' PART 746-(MMbe*N "
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accident is less than one la a uniman per Administration (NCUA).
a H v ts f yIar of operation), and the slow
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Acnoet Final rule., -
3.%e e3thysity el4ation;4aetta CM w svolution of adverse reacticos to Part745 is savised to seed assfollows y.q overexposure to radiation are generic ausssaany:This tion maku &me ' 'and any'au6erity citatiostfollowing any ' : ;
t matters applicable to all plants and technical changes NCUA at$ord, sech@ 7h====a===d i
licensing situations and over which in order to correct citations an update i
there Ia no genuine contrave[a.Boe of regional office information.
Masmmwemmfum *-
those factors weigh in favor.aflading 17ea '
m %m,, f.m,
th:t any deficiencies betereestpresent EFFECTIVE DATE:May 21.1965.
O,.s s IYI licensee planning (which osepties with anna.ne. Natianal Credit Union-4MCFRHIOWis manaMC,'.
thi Commisston's pre-GUARD ~
Administration,1776 G 8treet NW.,
Interpretation of 10 CFR 80.4?(bX12)).
Washington, D.C. 20436.
changing the olisties fresa4m to,
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and future planning in accordance with i 701.23.J *W'
.-4 the finalinterpretation of planning Pon MR3eIR WP0nssADON CoastACT:,
F A c-Hattle M. Man. Staff Attorney ' < u PART 796={AMl' ' J WM standard (b)(12) as a response to the' -
Department of Legal Services, at the '
eJ GUARD decision. will not be safety significant for the briei period in which above address or telephone:(302) 357 L %e maahestly estation fuehw Part 790 wommene med as h; d 1030.
it takas licensee to implement the final serndard.
suretassnerTAny essPonesanose %me.
Authority Sec120.TSStat.essf12U.iCl
- treet sec. eso, es stat.tosttts U.mc.vesf, A
. In addition, as a matter of qquity, the technical emiendments are being usade -
mdees odemse nosed.. >
e m. - m Commission believes that Ucansing to the NCUA Regulations. ne first le to I. C.
1 Boards (and. In uncontested cases, the i 703.3(e)(12 CFR 703.3(e)) where a g 700.2 (Aessneedl stiff) could reasonably find that there typographicalerror in a citation is W M apparing in 6 McX1) are "other compelling reasons" to avoid corrected. De second is to I 745.3(d) (12 la revised to read as follows:
dilaying the licensees of those CFR 745.8(d)). A regulation referred to in
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4 epplicants who have complied with the 1745.3(d) has been renumbered. %fs
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Commission's pre-GUARD section amendment makes the appropriate (c),,,.
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50.47(b)(12) requirements. Where change to l 745.3(d).%e last (1) * *
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applicants have acted in good faith amendment is to I 790.2(c)(1)(12 CFR.
i reliance on the Commission's prior 790.2(c)(11).This Sectica contains a a.ema j,,,,,;,,,,,,,
' 3,,,,,,,, ;"r intsrpretation of its own regulation, the chart of NCUA's regional offices, their I
c,,,,,,,4;,,p - %,;;;tg,; g, w reasonableness of this good faith addresses, and the states which each of mm w esem
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t reliance indicates that it would be unfair the regional ofBem serve. Some of the -
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to delay ifcensing while the Commission information contained in the chart has completes its response to the GUARD changed since its last publication in the m".,w n"."a Es. '
remand.
Federal Registee.%e amendment.
- im"*' **'a=*
14 Finally,if Ucensing Boards find that updates the information found in Abe?
oM*o"m,s.e me a some saw, thsse factors adequately support the chart.
omsen u=vi=s ame rum "-
l application of 10 CFR 50.47(c)(1), then No regulatory analysis has been made 7*
'7 those Ucensing Boards could conclude for these amendments since they are went
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I that no hearings would be warranted.
merely technical amendments for a
'" %"" E Derefore, untd the Commission typographical error, a renumbenng and g"
n-se==, *A seser. -
concludes its GUARD remand and an updating of regionaloffice L,,',""
W' instructs its boards and its staff information..
caama revemene t
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