ML20151T985

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Response Opposing Applicant Motion for Partial Reconsideration of ASLB 860116 Memorandum & Order Re Limiting Reopening of Record on Eddleman Contention 57-C-3. Certificate of Svc Encl
ML20151T985
Person / Time
Site: Harris Duke Energy icon.png
Issue date: 02/05/1986
From: Long K, Sanford J
NORTH CAROLINA, STATE OF
To:
Atomic Safety and Licensing Board Panel
References
CON-#186-016, CON-#186-16 OL, NUDOCS 8602100415
Download: ML20151T985 (6)
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{{#Wiki_filter:_ __ __ _ _ _ . . - _ DOLMETED UMC UNITED STATES OF AMERICA' NUCLEAR REGULATORY COMMISSION 

                                                          '86 FER -7 PR :34 BEFORE THE ATOMIC SAFETY'AND LICENSING BOARD GFFlcE 0  '

00ChtTitu , Brut:V In the Matter of CAROLINA POWER & LIGHT COMPANY 

 ~
                                   )

_and NORTH CAROLINA EASTERN ) Docket No. 50-400 OL MUNICIPAL POWER AGENCY ) -(Shearon Harris Nuclear Power ) Plant) ATTORNEY GENERAL'S RESPONSE TO APPLICANT'S MOTION FOR PARTIAL RECONSIDERATION OF THE ROARD'S MEMORANDUM AND ORDER (Limited Reopening of the Record on Eddleman Con tention 57-C-3 ) 

     ~ Applicant's Motion requests reconsideration by .the Board of its January 16, 1986 request for supplemental evidence, with. the exception of the information described in Item No. 6, pertaining to potential alerting system augmentation within the . first five
                                        ~

miles of the EPZ. The propounded justification for Applicant's mo tion is its announcement of January 23, 1986 of its intention to augment the present alerting system by - the provision of a tone alert radio system within the first five miles of the .EPZ, the particulars of such a system to be described in Applicant's testimony which is due. February 18, 1986. The Board's Memorandum and Order of January 16 based its decision to reopen the record for further evidentiary hearing on its discovery of " gaps and ambiguities in the record" which precluded definitive resolution of certain issues. Specifically, the focus . is on the number of people who would be alerted by the sirens in- various parts of ~ the EPZ depending upon which set of arousal data (Horonje f f or German Study) is used. Further, the Board. stated a numb'er of tenative views in its Memorandum, re-ference to some of which are made herein only for the purpose of supporting the Attorney General's Pesponse to Applicant's Motion. For the reasons stated below, the Attorney General opposes Applicant's vo tion for Partial Reconsidera tion : 8602100415 860205 

    -{DR   ADOCM 05000400 T)303

                                                                                    .r
1. 2Ven given its awareness of the Commission's previous language which discussed a. distinction between 'the. alerting system Edesigns for - the first: five miles of the EPZ and the second :five miles ~[ Final Rule On - Emergency Planning, 12 NRC 636, at 638
(1980)], the Board properly continues to express an interest in further'information on the number of people who would be alerted in various parts .o f the EPZ.- Argument has not been heard on the

~ theory that dif ferent standards might apply in -dif ferent. parts of 

              ,the :EPZ and, 'to the extent that such argument' would be forthcoming, an evidentiary basis for analyzing such arguments 11s a'

recuired. The Attorney General does not concede .that 'dif ferent and lower levels of alerting capabilities should exist in the second five miles of the EP2, particularly in view of the fact that the majority of the EPZ population is contained within that - area.

2. Apolicant's Motion prematurely and, possibly erroneously,
              . presumes- the adequacy and acceptability of the tone alert system in augmentation of .its siren system within the first five miles of the EP2. This issue should be considered during the reopened hearing and .thus additional information as recuested by the Board
             'should be provided to the extent necessary to determine the efficacy and cost-ef fectiveness of this and of other alerting systems. Any determination of adequate- supplemental systems must,
               'in . great part, depend upon an accurate view of the level of alerting provided by the existing siren systen.
3. Though the Board expresses some inclina t ion to wa rd s separate- consideration of the 1st and 2nd five mile of the EPZ, it has specifically recuested information concerning the probable alerting in the.second five mile area (5-10 miles) at Item 1, .
             .page 8 of its Memorandum.       Pursuit o f this in formation -is appro-pria te . ar.d necessary, no twithstanding the Applicant's submission that further ' data leading towards an accurate determination of the level of alerting in this zone is no t relevant to the Board's continued consideration.      The Attorney General urges the Board to follow through with its incuiry into this issue, as the adecuacy of alerting in the entire EPZ is still very much in contention.

Item 3 (page 9) expresses a concern with the Board's ability- to. accurately convert the siren dBA Levels to SELs based on the evidence presented thus far and Respondent herein urges that a full resolution of this as well as other technical inconsistencies and ambiguities (e.g. the basis of Mr. Keasts' calculations con-ltained in Applicant's January 2, 1986 filing) should he made on 

             = the Record ,

in

4 -- _ , I o L4 . 2 In the interests .of fairness to all parties,. expedition of . this decision , and a determination which invites . the level' o f public con fidence which is recuired ' on this critica1' issue , ~ the Attorney General urges that the Boar (* continue on its path towards - receipt of information. which will fully. resolve the questions

announced _ in its January 16 Memorandum and Order with respect - to-the level o f alerting in the entire - 10 mile EPZ.

V - This the ' 5 th' day o f ' February,198 6. _ Respectfully submitted, LACY H. THORNBURG Attorney Gencral dt4-v Io__/ Jgf Anne Sanford V SDecial Deputy - Attorney ' General e h NW' [A (3lf4 "" Karen.E. Long (/ . ./ Assistant Attorney General 

                                                         -N. C. Department of Justice Post Of fice Box 629 Raleigh, North Carolina 27602 Tele phone : (919) 733-7214 M

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                                                              '                           t;WC 86 FEB -7 R2:34 f
                                ~ UNITED STATES 0F~ AMERICA                       0FFICE OF .      - -

NUCLEAR REGULATORY COMMISSION ~ 00ChlilNG ^ . - ORANCN-BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 

        ' In .the Matter of ~                          )
                                                       )
        ' CAROLINA PONER & 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 Response to Applicant's Motion for Partial Reconsideration of the Board's , Memorandum and Order" was served this 5th day of February 1986, 

        - by deposit in the U.S. Mail, first class, postage prepaid, to the parties on the attached Service List.

Jo) Anne Sanfotd Special Deputy Attorney General N.C. Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 Telephone: (919) 733-7214 

  ^

                                                                                                                                               /

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 ) Docke t No . 50-400 ' OL MUNICIPAL POWER AGENCY -) 

                                                   )
            . (Shearon Harris. Nuclear Power       )-

Plant) )- SERVICE LIST James L. Kelly, Esquire John D. Runkle , ' Esquire 

           - Atomic Safe ty. &_ Licensing Board'   Conservation Council 'of: N. C.

U. S. . Nuclear Regula tory Comm. 307 Granville Road Washington , D. C. 20555 Chapel Hill, N. C. 27514 Mr.Glenn O. Bright M. Travis ' Payne , Esquire Atomic Safe ty & Licensing Board Edelstein and Payne U. S. Nuclear Regulatory Comm. P. O. Box .12607 Wa shing ton , D. C. 20555 Raleigh, N..C. 27605- . Dr. 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, Escuire            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.

Wa shing ton , D. C. 20555 Docketing & Service Section Richard E. Jones, Esquire-Office of the Secretary Vice Pres. & Senior Counsel' U.S. Nuclear Regulatory Comm. Carolina Po we r & 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 Wa shin g to n , D. C. 20036

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                            .Page two-:     Service List' Dr.: Linda ~W. Little Governor ts EWaste Management- Board '
                            .513LAlbemarle-Building
                           ! Raleigh, North Carolina-      27611
                            -Bradley W. Jones,' Esquire r                             U. .S. 7Nuclear- Regula tory Commission y -                   Region 4II      .   .

101 Marrietta Straa t Atlanta,-Georgia 30303 Mr. Robert Gruber Executive Director Public-Staff'- N.C.U.'C. Post Of fice' Box 991 Raleigh, -North' Carolina 27602 Administra tive Judge Harry Foreman 

                         - Box 4 3 95 Ma yo -
                            , University o f Minne so ta rtinneapolis, Minnesota 55455 Joseph Flynn,' Escuire FEMA 500 CE. Street-S.W. Suite.480 Washington, D. C. 20740 Steven Rochlis, Escuire
                         ' Regional ' Co un sel FEMA 1371~ Peachtree Stree t , N. E.

Atlanta, Georgia 30309 _-}}

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