Proposed Findings of Fact & Conclusions of Law on Eddleman Contention 57-C-3 Re night-time Notification.Certificate of Svc EnclML20138K896 |
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Harris ![Duke Energy icon.png](/w/images/7/75/Duke_Energy_icon.png) |
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Issue date: |
12/16/1985 |
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From: |
Long K, Sanford J NORTH CAROLINA, STATE OF |
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CON-#485-518 OL, NUDOCS 8512190108 |
Download: ML20138K896 (7) |
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Category:FINDINGS OF FACT/CONCLUSIONS OF LAW
MONTHYEARML20140F9881986-03-26026 March 1986 Proposed Findings of Fact & Conclusions of Law Re Reopened Issues Concerning Eddleman Contention 57-C-3.Applicant Proposed Siren Sys Adequate to Awaken Sleeping People within 5 Mile Radius of Plant.W/Certificate of Svc ML20140E6311986-03-25025 March 1986 Reply to North Carolina Atty General & W Eddelman 860319 Proposed Findings of Fact & Conclusions of Law on Reopened 860319 Hearings on Eddelman Contention 57-C-2.Certificate of Svc Encl ML20199E2331986-03-19019 March 1986 Proposed Findings of Fact & Conclusions of Law on Reopened Contention 57-C-3 (Alert Notification) Re Distribution of tone-alert Radios to 589 Households within 5 Miles of Facility.Certificate of Svc Encl ML20138B8531986-03-19019 March 1986 Proposed Findings of Fact & Conclusions of Law Re Eddleman Contention 57-C-3 on Nighttime Notification.Certificate of Svc Encl ML20154Q2751986-03-18018 March 1986 Proposed Findings of Fact & Conclusions of Law on Reopened Hearings Re Eddleman 57-C-3 Concerning Nighttime Notification.Board Concludes That Harris Alert & Notification Sys Meets NRC Regulations.W/Certificate of Svc ML20136H3091986-01-0606 January 1986 Reply to Other Parties Proposed Findings of Fact & Conclusions of Law on Eddleman S7-C-3 Re night-time Notification.Certificate of Svc Encl ML20141F7411986-01-0303 January 1986 Reply to Proposed Findings of Fact & Conclusions of Law on Conservation Council of North Carolina Contention WB-3 Re Drug Abuse During Const Filed by Other Parties.W/Certificate of Svc ML20138P7141985-12-23023 December 1985 Proposed Findings of Fact & Conclusions of Law on Eddleman Contention 57-C-3 (Nighttime Notification) Re Emergency Planning.Certificate of Svc Encl ML20138P6771985-12-20020 December 1985 Proposed Findings of Fact & Conclusions of Law on Conservation Council of North Carolina Contention WB-3 (Drug Abuse During Const).Certificate of Svc Encl ML20138K8961985-12-16016 December 1985 Proposed Findings of Fact & Conclusions of Law on Eddleman Contention 57-C-3 Re night-time Notification.Certificate of Svc Encl ML20138R2941985-12-16016 December 1985 Proposed Findings & Conclusions Re Contention 57-c-3 Concerning Nighttime Alerting & Notification.Plant Siren Sys Must Be Upgraded W/Addl Sirens or Telephone Sys to Notify Persons within 5 Miles of Facility.W/Certificate of Svc ML20138R3991985-12-16016 December 1985 Proposed Findings of Fact & Conclusions of Law Re Conservation Council of North Carolina Contention WB-3 Concerning Drug Abuse During Facility Const.Certificate of Svc Encl ML20138K6381985-12-13013 December 1985 Proposed Findings of Fact on Conservation Council of Nc Contention WB-3 Re Drug Abuse During Facility Const. Certificate of Svc Encl ML20138B3921985-12-0909 December 1985 Proposed Findings of Fact & Conclusions of Law on Eddleman 57-C-3 (Night Time Notification) Re Collective OL for Facility.Svc List & Certificate of Svc Encl ML20137W4501985-12-0606 December 1985 Submits Corrections to Applicant 851205 Proposed Findings of Fact & Conclusions of Law on Conservation Council of North Carolina Contention WB-3 (Drug Abuse During Const). Certificate of Svc Encl ML20137W2851985-12-0505 December 1985 Proposed Findings of Fact & Conclusions of Law on Conservative Council of North Carolina Contention WB-3. Contested Safety Matters Resolved in Favor of Staff & Applicants & Against Intervenors.Certificate of Svc Encl ML20134H2731985-08-22022 August 1985 Proposed Findings of Fact & Conclusions of Law on Emergency Planning Contentions EPJ-4(b) & Eddleman 57-C-10.Certificate of Svc Encl ML20134C7651985-08-12012 August 1985 Proposed Findings/Conclusions on Contention 57-C-10 & Emergency Planning.License Should Not Be Issued Until Requirements of 10CFR50.47(a)(1) Met.Certificate of Svc Encl ML20133B8291985-08-0101 August 1985 Proposed Findings of Fact & Conclusions of Law Re Emergency Planning Contentions.Certificate of Svc Encl ML20104A8101985-01-29029 January 1985 Applicant Reply to Proposed Findings of Fact & Conclusions of Law on Eddleman Contentions 41,116 & 9 Re Pipe Hangers Qa/Qc,Fire Protection & Environ Qualification of Electrical Equipment,Respectively.Certificate of Svc Encl ML20112D9271985-01-0909 January 1985 Joint Intervenors Proposed Findings on Joint Contention IV Re TLDs ML20112D9461985-01-0909 January 1985 Joint Intervenors Proposed Findings on Joint Contention I Re Mgt Capability.Certificate of Svc Encl ML20112C9081985-01-0808 January 1985 Proposed Findings of Fact on Contentions 41,116 & 9 Re Pipe Hangers Qa/Qc,Fire Protection & Environ Qualification of Electrical Equipment,Respectively ML20112C9211985-01-0808 January 1985 Joint Intervenors Proposed Findings Re Joint Contention 7, Steam Generators Multiple Tube Ruptures. Certificate of Svc Encl ML20111C0261985-01-0404 January 1985 Reply to Eddleman Proposed Findings on Contention 65 Re Concrete Deficiencies.No Safety Concerns Raised Re Containment Concrete ML20101F0231984-12-21021 December 1984 Proposed Findings of Fact Re Contention 45 Concerning Matters Raised by C Stokes in Affidavit Opposing Summary Disposition ML20101E9471984-12-21021 December 1984 Proposed Findings of Fact & Conclusions of Law on Safety Matters ML20101E8191984-12-21021 December 1984 Proposed Findings of Fact & Conclusions of Law on Joint Contention I Re Mgt Capability ML20112D9511984-12-21021 December 1984 Errata & Amends to Applicant Proposed Findings of Fact & Conclusions of Law Re Safety Matters,Including Pages 87,102, 104,B-4 & B-9 ML20094D0011984-08-0606 August 1984 Proposed Findings of Fact in Reply to Proposed Findings of Fact & Conclusions of Law Submitted by W Eddleman on Contention 8F(1) & by Joint Intervenors on Joint Contentions Ii(E) & (C).Certificate of Svc Encl ML20093N2801984-07-24024 July 1984 Joint Intervenors Findings of Fact on Joint Contentions Ii(E) Re Concentration of Radionuclides Through Interaction W/Fine Particles & Ii(C) Re Calculations of Radiological Doses from Normal Releases.Certificate of Svc Encl ML20093G1211984-07-20020 July 1984 Proposed Findings & Conclusions of Law on Eddlemen Contention 8F1 Re Health Effects of Coal Particulates.Nrc Consideration of Effects in Fes Inadequate ML20093G1031984-07-20020 July 1984 Proposed Findings of Fact & Conclusions of Law on Environ Matters.Environ Contentions Do Not Constitute Challenge to Fes Adequacy.Certificate of Svc Encl 1986-03-26
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217L8481999-10-25025 October 1999 NRC Staff First Supplemental Response to Applicant First Set of Discovery Requests to NRC Staff.* Staff Objects to Document Request as Being Overly Broad & Unduly Burdensome. with Certification of Svc ML20217H9661999-10-20020 October 1999 NRC Staff Second Supplemental Response to Orange County First Set of Discovery Requests to NRC Staff.* Listed Documents Requested to Be Produced.With Certificate of Svc. Related Correspondence ML20217E0881999-10-18018 October 1999 Order (Granting Discovery Extension Request).* Board of Commission of Orange County 991013 Motion for Extension of 991031 Discovery Deadline,Granted,In That Parties Shall Have Up to 991104.With Certificate of Svc.Served on 991018 ML20217F7711999-10-17017 October 1999 Corrected Notice of Deposition of SE Turner.* Orange County Gives Notice That on 991104 Deposition Upon Oral Exam of Turner Will Be Deposed with Respect to Contention TC-2. Related Correspondence ML20217F7681999-10-17017 October 1999 Orange County Third Set of Discovery Requests to NRC Staff.* Submits Third Set of Discovery Requests & Requests Order by Presiding Officer That Discovery Be Answered within 14 Days. with Certificate of Svc.Related Correspondence ML20217D6181999-10-14014 October 1999 Request for Entry Upon Harris Site.* Staff Hereby Requests That Applicant,Cp&L Permit Entry Into Shearon Harris Nuclear Plant,For Viewing & Insp of Plant Spent Fuel Pool Bldg. with Certificate of Svc.Related Correspondence ML20217E2611999-10-13013 October 1999 Orange County Second Suppl Response to Applicant First Set of Discovery Requests & First Suppl Response to NRC Staff First Set of Discovery Requests.* Clarifies That G Thompson Sole Witness.With Certificate of Svc.Related Correspondence ML20217E2581999-10-13013 October 1999 Orange County Motion for Extension of Discovery Deadline.* Orange County Requests Extension of 991031 Deadline for Concluding Discovery Proceeding.Extension Needed to Permit Dispositions of Two CP&L Witnesses.With Certificate of Svc ML20217E1461999-10-13013 October 1999 Request for Entry Upon Harris Site.* Entry Requested for Purpose of Inspecting SFP Bldg & Associated Piping.With Certificate of Svc.Related Correspondence ML20217D5561999-10-13013 October 1999 Applicant Second Set of Discovery Requests Directed to Board of Commissioners of Orange County.* Applicant Requests Answers to Listed Interrogatories & Requests for Admission. with Certificate of Svc.Related Correspondence ML20217D5761999-10-13013 October 1999 Applicant Third Supplement Response to Board of Commissioners of Orange County First Set of Discovery Requests.* Provides Addl Responses to General Interrogatory 3.With Certificate of Svc.Related Correspondence ML20217D6201999-10-12012 October 1999 NRC Staff Response to Applicant First Set of Discovery Requests to NRC Staff.* Staff Will Respond to Applicant Specific Requests within 30 Days of Receipt of Applicant Requests.With Certificate of Svc.Related Correspondence ML20217D5661999-10-12012 October 1999 NRC Staff First Supplemental Response to Orange County First Set of Discovery Requests to NRC Staff.* Supplements Response by Naming C Gratton as Person Likely to Provide Affidavit.With Certificate of Svc.Related Correspondence ML20212M0271999-10-0707 October 1999 Notice (Opportunity to Make Oral or Written Limited Appearance Statements).* Board Will Entertain Oral Limited Appearance Statements Re CP&L 981223 Amend Request. with Certificate of Svc.Served on 991007 ML20212L1441999-10-0505 October 1999 NRC Staff Response to Orange County First Set of Discovery Requests to NRC Staff.* Staff Is Now Voluntarily Providing Responses to Orange County'S Request for Production of Documents.With Certificate of Svc.Related Correspondence ML20212J0801999-09-29029 September 1999 Orange County Second Set of Document Requests to NRC Staff.* Submits Second Set of Document Requests to NRC Pursuant to 10CFR2.744 & Board Memorandum & Order,Dtd 990729.With Certificate of Svc.Related Correspondence ML20212G0001999-09-24024 September 1999 Applicant First Set of Discovery Requests Directed to NRC Staff.* Requests Access to Documents Given to Board of Commissioners by Staff Pursuant to 990920 Discovery Request. with Certificate of Svc.Related Correspondence ML20212G0081999-09-24024 September 1999 Applicant First Suppl Response to Board of Commissioners of Orange County First Set of Discovery Requests.* Suppl Provides Addl Responses to General Interrogatories 2 & 3. with Certificate of Svc.Related Correspondence ML20212D7151999-09-20020 September 1999 Applicant Response to General Interrogatories & General Document Requests in NRC Staff First Set of Discovery Requests.* CP&L Filing Responses Per Staff Request within 14 Days....With Certificate of Svc.Related Correspondence ML20212D8521999-09-20020 September 1999 Orange County First Set of Discovery Requests to NRC Staff Including Request for Order Directing NRC Staff to Answer Certain Discovery Requests.* with Certificate of Svc. Related Correspondence ML20212C1231999-09-17017 September 1999 Orange County Responses to Applicant First Set of Document Production Request.* Orange County Has No Documents Responsive to Request.With Certificate of Svc.Related Correspondence ML20211N7481999-09-10010 September 1999 NRC Staff First Set of Discovery Requests Directed to Applicant Cp&L.* Staff Requests Applicant Produce All Documents Requested by & Provided to Bcoc. with Certificate of Svc.Related Correspondence ML20211N5021999-09-0808 September 1999 Orange County Objections & Responses to NRC Staff First Set of Discovery Requests.* County Objects to Questions to Extent That Staff Seek Discovery Beyond Scope of County Two Contentions.With Certificate of Svc.Related Correspondence ML20211M4201999-09-0707 September 1999 Applicant Response to Specific Document Requests in Board of Commissioners of Orange County First Set of Discovery Requests.* with Certificate of Svc.Related Correspondence ML20211M5001999-09-0303 September 1999 Orange County Supplemental Response to Applicant First Set of Interrogatories.* with Certificate of Svc.Related Correspondence ML20211H4931999-08-30030 August 1999 Orange County Objections to Applicant First Set of Discovery Requests & Response to Applicant First Set of Interrogatories.* Objects to First Set of Discovery Requests.With Certificate of Svc.Related Correspondence ML20211B7951999-08-23023 August 1999 NRC Staff First Set of Discovery Requests Directed to Board of Commissioners of Orange County (Bcoc).* Staff Requests That Bcoc Produce All Documents Requested by Applicant. with Certificate of Svc.Related Correspondence ML20211B8361999-08-23023 August 1999 Applicant Response to General Interrogatories & General Document Requests in Board of Commissioners of Orange County First Set of Discovery Requests.* with Certificate of Svc. Related Correspondence ML20210T3531999-08-16016 August 1999 Applicant First Set of Discovery Requests Directed to Board of Commissioners of Orange County (Bcoc).* CP&L Requests That Bcoc Answer Listed General Interrogatories by 990830. with Certificate of Svc.Related Correspondence ML20210L9571999-08-0606 August 1999 Orange County First Set of Discovery Requests Directed to Applicant.* Interrogatories & Document Production Requests Cover All Info in Possession,Custody & Control of Cp&L.With Certificate of Svc.Related Correspondence ML20216E2041999-07-29029 July 1999 Memorandum & Order (Granting Request to Invoke 10CFR Part 2, Subpart K Procedures & Establishing Schedule).* Board Grants Carolina Power & Light Co 990721 Request to Proceed Under Subpart K.With Certificate of Svc.Served on 990730 ML20210B2271999-07-21021 July 1999 Applicant Request for Oral Argument to Invoke Subpart K Hybrid Hearing Procedures & Proposed Schedule.* Applicant Recommends Listed Schedule for Discovery & Subsequent Oral Argument.With Certificate of Svc ML20209G7371999-07-16016 July 1999 Notice of Hearing (License Amend Application to Expand Sf Pool Capacity).* Provides Notice of Hearing in Response to Commissioners of Orange County Request for Hearing Re CP&L Amend Application.With Certificate of Svc.Served on 990716 ML20209D1791999-07-12012 July 1999 Memorandum & Order (Ruling on Standing & Contentions).* Grants Petitioner 990212 Hearing Request Re Intervention Petition Challenging CP&L 981223 Request for Increase in Sf Storage Capacity.With Certificate of Svc.Served on 990712 ML20212J5831999-07-0101 July 1999 Notice of Appearance.* Informs That SL Uttal Will Enter Appearance in Proceeding Re Carolina Power & Light Co.Also Encl,Notice of Withdrawal for ML Zobler,Dtd 990701. with Certificate of Svc ML20196A8751999-06-22022 June 1999 Order (Corrections to 990513 Prehearing Conference Transcript).* Proposed Corrections to Transcript of Board 990513 Initial Prehearing Conference Submitted by Petitioner & Application.With Certificate of Svc.Served on 990622 ML20207D6991999-05-27027 May 1999 Orange County Proposed Corrections to Transcript of 990113 Prehearing Conference.* Orange County Submits Proposed Corrections to Transcript of Prehearing Conference of 990513.With Certificate of Svc ML20207D6651999-05-27027 May 1999 Applicant Proposed Corrections to Prehearing Conference Transcript.* ASLB Ordered That Any Participant Wishing to Propose Corrections to Transcript of 990513 Prehearing Conference Do So by 990527.With Certificate of Svc ML20207D6891999-05-27027 May 1999 Orange County Response to Applicant Proposed Rewording of Contention 3,regarding Quality Assurance.* County Intends to Renew Request for Admission of Aspect of Contention.With Certificate of Svc ML20206R8731999-05-20020 May 1999 Memorandum & Order (Transcript Corrections & Proposed Restatement of Contention 3).* Any Participant Wishing to Propose Corrections to Transcript of 990513,should Do So on or Before 990527.With Certificate of Svc.Served on 990520 ML20206R2411999-05-13013 May 1999 Transcript of 990513 Prehearing Conference in Chapel Hill,Nc Re Carolina Power & Light Co.Pp 1-176.Supporting Documentation Encl ML20206H9331999-05-11011 May 1999 Notice (Changing Location & Starting Time for Initial Prehearing Conference).* New Location for Conference, Southern Human Resources Ctr,Main Meeting Room,Chapel Hill, Nc.With Certificate of Svc.Served on 990511 ML20206G4051999-05-0505 May 1999 Applicant Answer to Petitioner Board of Commissioners of Orange County Contentions.* Requests That Technical Contentions in Section III & Environ Contentions in Section IV Not Be Admitted.With Certificate of Svc ML20206F9491999-05-0505 May 1999 NRC Staff Response to Orange County Supplemental Petition to Intervene.* None of Petitioner Proposed Contentions Meet Commission Requirements for Admissible Contention.Petitioner 990212 Request Should Be Denied.With Certificate of Svc ML20206A0851999-04-22022 April 1999 Erratum to Orange County Supplemental Petition to Intervene.* Citation to Vermont Yankee LBP-87-17,should Be Amended to Read Vermont Yankee Nuclear Power Co (Vermont Yankee Nuclear Power Station).With Certificate of Svc ML20205Q8121999-04-21021 April 1999 Order (Granting Motion to Relocate Prehearing Conference).* Initial Prehearing Conference Will Be Held in District Court of Orange County Courtroom,Chapel Hill,Nc on 990513 as Requested.With Certificate of Svc.Served on 990421 ML20196K8771999-04-0505 April 1999 Orange County Supplemental Petition to Intervene.* Informs That Orange County Contentions Should Be Admitted for Litigation in Proceeding ML20196K8861999-04-0505 April 1999 Declaration of Gordon Thompson.* Informs of Participation in Preparation of Orange County Contentions Re Proposed License Amend ML20205E3101999-04-0101 April 1999 Memorandum & Order (Protective Order).* Grants 990326 Motion of Petitioner for Approval of Proposed Protective Order to Govern Use & Dissemination of Proprietary or Other Protected Matls.With Certificate of Svc.Served on 990203 ML20196K9041999-03-31031 March 1999 Declaration of DA Lochbaum,Nuclear Safety Engineer Union of Concerned Scientists,Re Technical Issues & Safety Matters Involved in Harris Nuclear Plant License Amend for Sfs.* with Certificate of Svc 1999-09-08
[Table view] |
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UNITED STATES'OF AMERICA 000KETED-NUCLEAR REGULATORY COMl4ISSION NC
-BEFORETHEATOMICSAFETYANDLICENSINGBQgRQ8 5 N0:29
. In : the Ma tter o f .
p- -
' CAROLINA POWER & LIGHT COMPANY ) "- .
, al and NORTH, CAROLINA EASTERN ) Do c ke t No . '50'-400 OL MUNICIPAL ~ POWER-AGENCY )
)
(Shearon Harris Nuclear ^ Power )
' Plant) )
ATTORNEY GENERAL'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW on Eddleman Contention 57-C-3 (Night-Time Notification) 1.- Eddleman Contention 57-C-3 (Night-time notification) as admitted provides:
The plan does not have provisions for. notification at night, e .g. in the hours between 1 a.m. and
~6- a.m. when most people living near the plant would normally be asleep. Nor does the plan assure that they would be timely awakened to
- take sheltering action, as e .g. on a _ summer night when many might have windows open or air conditioners on. The plan. should provide automatic phone-dialing equipment to transmit an emergency message to all households in the EPZ for Harris, asking people to alert their-phoneless neighbors.
2.- .10 C.F.R. 550.47 (b) (5), the Nuclear Regulatory Commissions' (NRC) emergency planning regulations, provides in pertinent parts-
- means to provide early notification
- to. the populace within the plume exposure pathway ' Emergency Planning Zone have been established.
10 C.F.R., Part 50, Appendix E, s. IV.D.3. further provides:-
The design objective of the prompt public notification system shall be to have the capability to essentially complete the initial notification of - the public ' within the plume
. exposure pathway EPZ within about 15 minutes.
. 8512190108'851216
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- 3. LTo fulfill; these requirements, the Applicant has relied n ,uponithe numerical design' criteria for fixed ' siren systems set forthlin NUREG-0654, discussed - in greater - de tail in FEMA ' 43.
NUREG-0654 ?a'nd FEMA 43 basically provide that the design of an adequate - siren ' system should be 10 dB above average daytime
~
Lambient b'ackground levelst or a min imum of 60 dB.
- 4. Thel Federal Emergency: Management Agency (FEMA) conducted a ' review of. Applicant's siren = system against NUREG-0654 -and FEMA 4
. 43: numerical criteria and concluded that with the addition of six sirens, Applicants' alarm system. conservatively' meets the NRC/PEMA design criteria, which is based on daytime ambient
- background-levels.-
5.- Both' Applicants. and FEMA have conducted e Laborate s- imathematical estimates of' the sound levels expected by use of Applicants'. siren system.
6 . -- Dr. Reada Bassiouni, an acoustical consultant under contracto to Applicant, challenged the awakening curves on which
'the FEMA analysis relies.
- 7. 3b party to this docket has actually conducted a controlled field . test owith.' follow-up survey to determine actual performance o f the ' siren system.
8.- 'Dr. Reada Bassiouni's statement of November 5, 1985, made in formally- to the . Board ' and assembled parties via telephone hookup, was made- part of the o f ficial . record by Board ruling of December 4, 1985. Dr. Bassiouni noted that: '
a.. Although CP&L has ' fully met the federal requirements of i -NUREG- 0654 and FEMA '43 for the alert and notification' system, the nighttime notification of Contention 57-C-3 is 'not addressed in the federal guidelines.
I
- b. Reliance on an. informal alerting system -- a component Lof the ; Applicant's plan -- is an inferior safety standard.
~
- c. A better' alternative than " informal alerting" is . to design a siren system with nighttime alerting as a target.
9.- ' The_ FEMA 43 criteria Lgive no consideration to factors pertinent to nighttime - notification: specifically, to the fact that for .a ' sleeping person in air-conditioned house with closed windows, the probability of arousal from sleep with a siren sound' level' of '60 dB: is essentially zero. With windows open, the t
- : probability only increases by an incremental 7-8%.--(Tr 9650) 4
+
6 : --
' ~
- 10. . Testimony indicated .that even to achieve a 50% :
iprobabiltylof arousal .from sleep of an individual in a~ house with the windows. closed required ' outdoor sound levels of 90-99 dB (Tr 19927).
'll.J Per: tho' Harris summer scenario- - assuming ' 36% of the homes in the EPE with windows open -- arouscl is_ estimated at approximately 70%. Assuming, arguendo, the accuracy of _ this
!6 - estimate, the balance of the " prompt notificatior avstem" ,
- described-in 10 CFR 50.47 (b) ( 5) ' would of . necessit'y consist o f
~
ancillary notification by l emergency vehicles and by " informal notification," or the " Aunt Minnie phenomenom."
- 12. The capability of either or- both of these activities to '
Tsupplement - the sirens and " . . . essentially complete 1the initial notification' of the~ public withing the plume exposure pathway EPZ
-within -about 15 minutes" (10 C.F.R. Part 50, Appendix E, IV D.3) appears highly suspect, particularly in a nighttime situation. ,
It 'is clear that the reliability, effectiveness and speed with i
- which these siren-alternatives would operate are unknown, given f the' fact that there have been no actual field-tests.
- 13. As. this panel of .the Atomic Safety and Licensing Board has' previously' indicated to the Nuclear Regulatory _ Commission on November 19, 1985, " should any deficiencies in nighttime
- notification emerge from the: Shearon Harris record, we could fashion 'e f fective measures - to deal with them on a site - specific basis."
- 14. We do find deficiencies in nighttime. notification and hereby' conclude. that neither Applicant's plan nor the FEMA 43 criteria give proper asurance of the achievement of a satisfactory level of nighttime alerting. -
- 15. Our previously manifested view is that actual field testing of a siren system around a nuclear plant between midnight and 6:00 a.m. should be conducted to determine the actual percentage of arousal from sleep of EPZ residents.
16._. WHEREFORE,- it is' hereby ordered that Applicant shall ,
conduct an actual field test of its siren system between midnight )
and-6:00 a.m., shall collect data and cuantify the results '
thereof, and 'shall' report to the Board and all parties on the l percentage arousal from sleep achieved by the system as designed.- Further relief, if.necessary, shall be determined i l
e s.,
af ter all-parties have had an opporturity to comment on the
- results of the field test.
' Respectfully submitted this 16tn day of December, 1985.
LACY H. THORNBURG Attorney General Jo qnne SanfordwJ@
Special Deputy Attorney General
[NQ Karen E. Long p3 Assistant Attorney General N. C. Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 Telephone (919) 733-7214 9
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i 5 08:18 A10:30 UNITED STATES OF AMERICA N9 CLEAR REGULATORY COMMISSION _
,v._ :.
BEPORE THE ATOMIC SAFETY AND LICENSING BOYikD $E,$[:'cfi JIn the Matter of )
)
' CAROLINA POWER & LIGHT COMPANY )
and NORTH CAROLINA EASTERN ) Docke t No . 50-400 OL
. MUNICIPAL' POWER AGENCY )
)
-(Shearon Harris Nuclear Power .)
Plant) )
CERTIFICATE OF SERVICE
'I hereby certify that a copy of " Attorney General's Proposed
. Findings on Eddleman Contention 57-C-3 (Night Time Notification)"
wasi served this 16th day of December 1985, by deposit in the U . S .
Mail, first class, postage prepaid, to the parties on the attached Service List.
Jo Anne SanfopB Sph0ial Deputy Attorney General N.C. Department of Justice Post Of fice Box 629 Raleigh, North Carolina 27602 Telephone: (919) 733-7214 e--- -+m-e- -+-r- < -+ .-.,7 ..---,g
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.L UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
. BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
CAROLINA POWER & LIGHT COMPANY )
and' NORTH CAROLINA EASTERN ) Do c ke t No . 50-400 OL MUNICIPAL POWER-AGENCY )
)
(Shearon . Harris Nuclear Power )
-Plant) )
SERVICE LIST James L. Kelly, Esquire John D. Runkle, Esquire Atomic Safety & Licensing Board Conservation Council of N. C.
U. S. Nuclear Regulatory Comm. 307 Granville Road Washington ,- D. C. 20555 Chapel Hill, N. C. 27514 Mr.Glenn O. Bright M. Travis Payne , Esquire Atomic Safety & Licensing Board Edelstein and Payne U. S. Nuclear Regulatory Comm. P. O. Box 12607 Washingten, D. C. 20555 Raleigh, N. C. 27605 lhc. James H. Carpenter .Dr. Richard D. Wilson Atomic Safety & Licensing Board 729 Hunter Street
-U. S. _ Nuclear Regulatory Comm. Apex , N. C. 27502 Washington , D. C. 20555 Charles A. Barth, Esquire Mr. Wells Eddleman Janice E. Moore, Esquire 718-A Iredell Street Of f. of Exec. Legal Director Durham, North Carolina 27705 U.S. Nuclear Regulatory Comm.
Washington , D. C. 20555 Docketing & Service Section Richard E. Jones , Esquire Of fice of the Secretary Vice Pres. & Senior Counsel U.S. Nuclear Regulatory Comm. Carolina Power & Light Company Washington, D. C. 20555 P. O. Box 1551 Rale igh , N. C. 27602 Mr. Daniel F. Read, President Thomas A. Baxter CHANGE SHAW, PITTMAN, POTTS & TROWBRIDGE P. O. Box 2151 1800 M Street, N.W.
Raleigh, North Carolina 27602 Washington , D. C. 20036
-e L
3 Page two - Service List
-Dr. Linda W.'Little Governor.'s Waste. Management Board 513-Albemarle Building Raleigh, North Carolina 27611 .
Bradley W. Jones, Esquire U. S. Nuclear Regulatory Commission Region II 101 Marrietta -Stree t Atlanta, Georgia 30303 Mr. Robert Gruber
. Executive Director .
Public Sta f f - N.C.U.C.
Post Of fice Box 991 Raleigh, North Carolina 27602 Administrative Judge Harry Foreman Box 395 Mayo University of Minnesota Minneapolis, ~ Minnesota 55455 Joseph Flynn, Esquire FEMA 500 C Street S.W. Suite 480 Washington , D. C. 20740 Steven Rochlis, Esquire Regional Counsel FEMA 1371 Peachtree Street,-N. E.
Atlanta, Georgia 30309
_ _ _ . _ _ _ . _ _ _ . _ . . - . ._- . _ . _ . -