ML20195B876

Motion for Summary Disposition of Sapl Contention 7,based on WT Wallace Affidavit & Statement of Undisputed Facts Establishing Existence or Future Existence of Adequate Plans,Facilities & Equipment for Decontamination

ML20195B876
Person / Time
Site:	Seabrook
Issue date:	05/20/1986
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20195B803	List: ML20195B799 ML20195B811 ML20195B815 ML20195B826 ML20195B835 ML20195B848 ML20195B876 ML20195B886 ML20195B899 ML20195B924 ML20195B939 ML20195B945 ML20195B951 ML20195B956 ML20195B969 ML20195B985 ML20195B992 ML20195C010 ML20195C017 ML20195C022 ML20195C033 ML20195C041
References
RTR-NUREG-0654, RTR-NUREG-654 OL, NUDOCS 8605290571
Download: ML20195B876 (4)

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Dated: May 20, 1986 i UNITED STATES OF AMERICA

-to h lfj % 1 NUCLEAR REGULATORY COMMISSION P before the 9 b-ATOMIC SAFETY AND LICENSING BOARD '( . gh.gf y\ !J

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In the Matter of )

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443-OL NE&." HAMPSHIRE, et al. ) 50-444-OL

) Off-site Emergency (Seabrook Station, Units 1 and 2 ) Planning Issues

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. APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION OF SAPL CONTENTION NO. 7 Pursuant to 10 CFR S 2.749, on the basis of the Affidavit of William T. Wallace re SAPL Contention No. 7

("Wallace Affidavit") and the statement of undisputed facts attached hereto and for the reasons set forth below, the applicants move the Board to enter an order summarily disposing of SAPL Contention No. 7 in favor of the applicants.

REASONS FOR GRANTING THE MOTION SAPL Contention No. 7 reads as follows:

"The New Hampshire State and local plans fail to meet the requirements of 10 CFR

$ 50.47ra)(11) and NUREG-0654 K.5.b.

because there has been no showing that the means of radiological 8605290571 860520 PDR ADOCK 05000443 C PDR

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i decontamination of emergency personnel, wounds, supplies and equipment have been established. 'Further, there has not been a clear showing that adequate means for waste disposal exist."

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The Wallace affidavit establishes that there exist or will exist fully adequate' plans, f acilities and equipment for decontamination. Wallace Affidavit 19 5-7. Similarly, there is reasonable assurance that adequate provisions are, and will be, .available for disposal of waste materials generated by the decontamination procedures. Wallace Affidavit T 8.

The Wallace Affidavit is more than sufficient to enable the making of a predictive finding which resolves SAPL No. 7. The governing regulation, 1G CER S 50.47(a)(1), does not require;that emergency plans be in final form so long as the planning proce,ss is sufficiently advanced as to permit the Board to have reasonable assurance'that there are no i

barriers to e.mergency planning implementation or to a satisfactory state of emergency preparedness that cannot feasibly be removed. E.g,, Pacific Gas & Electric Co.

i (Diablo Canyon Nuciear Power Plant, Units l' and 2),

i ALAB-781, 20 NRC 819, 834-35 and n.58 (1984).

I By their attorneys p 7 / -..

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1%6 mss ~G. K gnan, Jr.

R. K. Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100

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STATEMENT OF FACTS AS TO WHICH THERE IS NO DISPUTE

1. -New Hampshire Radiological Emergency Response Plans establish means for monitoring and decontamination of state and local emergency personnel, wounds, supplies, instruments and equipment, and for waste disposal.

2. Part H of Section II of local radiological emergency response plans provide that local emergency workers have the i

, capability to screen emergency workers of contamination preliminarily. On the basis of preliminary monitoring,

~ local emergency workers will be referred to state decontamination facilities located at reception centers in host communities. An action level of 100 cpm above background (.15 mR/hr) has been established by the plans for referral of emergency workers for decontamination.

3. Section 2.7.5 of the state plan establishes that emergency workers will receive monitoring and decontamination services at state decontamination facilities under the supervision of the Division of Public Health Services (DPHS). The decontamination facilities are staffed by local fire personnel under the supervision of a DPHS Decontamination Administrator.

4. Monitoring and decontamination will be conducted according to procedures contained in Revised Appendix F of Volume 4, Section 3 of the state plan (Division of Public Health Services Emergency Procedures for Seabrook Station).

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A site specific decontamination procedure for each reception center identified in the plan has been, or will be,

',. contained in Revised Appendix F.

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5. Section 2.7.5 of the state plan establishes that monitoring and decontamination will be conducted for certain state emergency workers (principally state field monitoring team personnel) at the EOF in Newington. Facilities are maintained by the utility at the EOF specifically for this purpose. Monitoring and decontamination of state emergency personnel at the EOF will be conducted under the supervision of DPHS personnel located at the EOF during emergency operations.

6. Section 2.7.5 establishes that disposal of waste will be accomplished under the supervision of DPHS by arrangement with local brokerages which DP::3 licenses. DPHS may also make arrangements with' dis ukility for disposal of waste through the utility's l.calevelwaste, disposal program. Ih i

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