ML20197C851
| ML20197C851 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 11/03/1986 |
| From: | Ridgway D CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#486-1366 OL, NUDOCS 8611070074 | |
| Download: ML20197C851 (10) | |
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Novemben w3 ;L:1986 umK
'86 NOV -4 P3 :17 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION CFFICL..
.r: !An t 00 CME hht,4 5L FvicI BRANCW BEFORE THE COMMISSION In the Matter of
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CAROLINA POWER & LIGHT COMPANY
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and NORTH CAROLINA EASTERN
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Docket No. 50-400 OL MUNICIPAL POWER AGENCY
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(Shearon Harris Nuclear Power
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Plant)
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APPLICANTS' RESPONSE TO NCAG MOTION TO DISMISS EXEMPTION REQUEST AS MOOT I.
Introduction By letter of March 4, 1986, to the Director of the Office of Nuclear Reactor Regulation, Mr. Harold Denton, CP&L requested an exemption from that part of 10 C.F.R. Part 50, Appendix E, S IV.F.1 which requires that the full participation exercise be conducted within one year of issuance of the full power license and prior to operation above 5% of rated power.1#
The NRC Staff has determined that the exemption should be granted, based upon 1/
See also Letter to H. Denton (NRC) from A. Cutter-(CP&L)
(May 2, 1986) (supplementing exemption request); Letter to H. Denton (NRC) from J. Dean (Secretary, North Carolina De-j partment of Crime Control and Public Safety) (September 29, 1986) (Attachment A hereto) (indicating that ~ full participa-
]
tion exercise will be conducted in February 1987).
8611070074 861103 PDR ADOCK 05000400 h$d 3
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t (a) the successful May 1985 full participation exercise for the Harris EPZ, (b) the ongoing training programs and local partici-pation in the October 1986 annual site exercise, and (c) the State's-full participation in the February 1986 exercise for Ca-tawba, as well as the full participation exercise for Harris scheduled for February 28, 1987.
The " Attorney General's Motion Regarding Applicants' Request For Exemption From Portion of 10 C.F.R. Part 50, Appendix E, 5 IV.F.1"
(" Motion"), dated October 28, 1986, reiterates the opposition of the North Carolina Attorney General ("NCAG") to' the exemption requestE# and expresses his view that it is " highly un-likely" that the Harris Plant will be " ready for full power 2/
See "NRC Staff's Response To The Commission Order Dated September 12, 1986 On Fact Issues Involved In Exemption Re-quest of Carolina Power and Light Company" (October 17, 1986), at 22; " Safety Evaluation In Support of Granting An Exemption, Request For An Exemption Frcm'Section IV.F.1 of Appendix E to 10 CFR 50, Shearon Harris Nuclear Power Plant."
3/
At the October 29, 1986 Commission briefing on Near Term Operating Licenses, it was indicated that the State of North Carolina opposes the granting of the requested exemption.
Tr. 9.
To the contrary, the Secretary of the North Carolina Department of Crime Control and Public Safety -- which rep-resents the Governor in emergency management matters -- re-cently wrote the NRC to express the Department's support for Applicants' exemption request.
See Attachment A hereto.
As noted there, the Department of Crime Control and Public Safety includes the Division of Emergency Management, which' has primary responsibility for the development and imple-mentation of emergency plans for fixed nuclear facilities in North Carolina.
While the NCAG^has objected to-the exemp-l tion, he has no expertise in or responsibility for emergency i
planning. )
u-
s operation prior to the February (1987] full participction' exer-cise."
Motion at 4, 5.
Accordingly, the NCAG requests that the Commission direct its Staff and CP&L to advise it of the "proba-bility of * *
- full power operation by or before" the February exercise..Further, the NCAG argues that if there is no " reason-able probability" of full power before February 1987, the Commis-sion should dismiss the exemption request as " moot."
Motion at 5-6.
The NCAG's arguments have no basis in fact or. law.
II.
Arqument The linchpin of the NCAG's motion is the assumption that the.
regulation at issue requires a full participation exercise within one year of full power operation.
See generally Motion at 3-5.
But the NCAG has simply confused the issuance of the full power license (and operation above 5% of rated power) with operation at full power.S#
The regulation -- quoted on the first page of the Motion -- actually requires that the full participation exercise be conducted "within one year before the issuance of the operat-ing license for full power and prior to operation above 5% of rated power * *
- 10 C.F.R. Part 50, Appendix E, S IV.F.1 (emphasis added).
Thus, the NCAG's motion is based on a faulty premise.
The critical event is " operation above 5% of rated power," not full power operation.
4/
The NCAG also fails to recognize that the exemption request is pending before the Director, Office of Nuclear Reactor Regulation, and not before the Commission. -
s Moreover, the NCAG's assertion that "approximately six months" will elapse between fuel load and full power operation has no apparent basis in fact.
Based on the October 24 issuance of the low power license, CP&L currently projects Harris readi-ness for operation above 5% of rated power by late December, 1986.
Thus, even allowing for some delay, the plant will be ready to operate above 5% cf rated power before February 28, 1987.
In any case, it is not clear why the NCAG is concerned about the timing of plant operation above 5% of rated power vis-a-vis the February 1987 exercise.
Indeed, if the NCAG is right -- and the next exercise is conducted before Harris com-1 mences operation above 5% of rated power -- the NCAG's concerns about the lack of a full participation exercise within one year of 5% of rated power will be moot.5/
III.
Conclusion Because the NCAG's motion relates not to the requests for a hearing on the exemption (which are now pending before the Com-mission), but rather to the exemption itself (which is before the Staff), consideration of the NCAG's motion need not delay the 5/
However, even if plant operation above 5% of rated power were to be delayed past the February 1987 exercise, it is not clear that the exemption request would be mooted.
If intervenors sought to litigate the second exercise, an ex-emption could be necessary to establish the May 1985 exer-cise as the " exercise of record" for licensing purposes. L.
I
6 Commission's expeditious disposition of the hearing requests.5/
In any event, the NCAG's motion is based on pure conjecture, and reflects a fundamental misapprehension of the regulation at issue here.
Accordingly, the NCAG's motion must be denied.
Respectfully submitted, Ph/AVNL RtdM Thomas \\A. Ba xte"r, P. CJ Q
Delissa A. Ridgway SHAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W.
Washington, D.C.
20037 (202) 663-8000 Richard E. Jones Dale E.
Hollar CAROLINA POWER & LIGHT COMPANY P.O.
Box 1551 Raleigh, North Carolina 27602 (919) 836-8161 Counsel for Applicants Dated:
November 3, 1986 p/
See Letter to Commissioners from E. Utley (CP&L) (August 1, 1986) (requesting expeditious and definitive Commission dis-position of request for hearing on exemption); " Applicants' Response To Joint CASH /Eddleman Petition For Hearing On Ex-emption Request") (August 28, 1986), at 10. -
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Attachment A
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North Carolina Department of Crime Control and Public Safety Joseph W. Ikan,knmy Janxs G. Martin, Govemor September 29, 1986 Mr. Harold R. Denton, Director Office of Nuclear Reacter Regulation United States Nuclear Regulatory Commission Washington, D. C.
Dear Mr. Denton:
On March 4,
- 1986, Carolina Power &
Light Company (CP&L) requested a license to' operate the Shearon Harris Nuclear Power Plant.. CP&L further requested that the U.
S..
Nuclear Regulatory Commission grant a schedular exemption from the requirements in 10 CFR Part 50, Appendix E,
S IV.F.1.
This regulation would require that a
full-participation exercise of the Harris emergency plan "be conducted within 1 year before the issuance of the first operating license for full power and prior to operation above 5% of rated power."
The North Carolina Department of Crime Control and Public Safety supports CP&L's request for a
schedular exemption.
The Department's Division of Emergency Management (DEM) is the State agency with primary' responsibility for the development and implementation of l
emergency plans in support of fixed nuclear facilities.
i The Division was involved in the initial decision to request an exemption and has planned its exercise schedule accordingly.
The Division of Emergency Management has worked closely with CP&L, the
- NRC, the Federal Emergency Management
- Agency, and the four affected counties to develop a comprehensive emergency plan for the Harris The Division has conducted numerous emergency Plant.
1980 and planning exercises for nuclear power plants since (some has responded to many major non-nuclear emergencies of which have involved large-scale evacuations) in our 512 N. Salisbury Senze e P. O. Box 27687 e blush, Nanh Genlins}7611 7687 e (919) 73
t Mr. Harold R. Denton September 29, 1986 Page 2 State.
In May 1985, the Division of Emergency Management and the other organizations involved conducted a
very successful exercise of the Harris Plant emergency plan.
Both the FEMA evaluation and the Division's own internal review confirmed an overall state of readiness for offsite planning and response.
Since
- then, the Division has provided additional training and other assistance to local emergency workers in order to maintain that state of readiness. A partial exercise with local participation is scheduled for October 28, 1986, and a full participation exercise of scheduled for February 1987 The Department of.
Crime Control and Public
- Safety, which represents the '
Governor in this matter, is confident that the level of emergency preparedness has been maintained and,
- indeed, enhanced since the May 1985 exercise.
In view of these considerations, the Department of Crime Control and Public Safety does not believe that yet another full-participation exercise prior to operation of -
the Harris Plant is necessary in light of the previous exercise, the one scheduled for October of this year, and the full exercise scheduled for
- February, 1987.
This Department will cooperate fully with any action you think best.
With very best wishes, I am Sincerely, f I
w.
Joseph W.
Dean JWD:ch
t-November;> 3, 1986 J 5 Ni<C UNITED STATES OF AMERICA gg NOV -4 P3 :18 NUCLEAR REGULATORY COMMISSION 0Fran c.
00CdETttoGiQ)yj.{'
~..
Ob A NU BEFORE THE COMMISSION In the Matter of
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CAROLINA POWER & LIGHT COMPANY
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and NORTH CAROLINA' EASTERN
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Docket No. 50-400 OL MUNICIPAL POWER AGENCY
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(Shearon Harris Nuclear Power
)
Plant)
)
i CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Response to NCAG Motion To Dismiss Exemption Request As Moot" were served this 3rd day of November, 1986, by deposit in the U.S. mail,.
first class, postage prepaid, to all those listed on the attached Service List.
Y11V 2 OA1A M Dsli\\ssa A'.'Ridgwqf
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L
i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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AROLINA POWER & LIGHT COMPANY
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and NORTH CAROLINA EASTERN
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Docket No. 50-400 OL 4UNICIPAL POWER AGENCY
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(Shcaron' Harris Nuclear Power
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Plant)
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SERVICE LIST Chairman Lando W.
Zech, Jr.
Dr. Reginald L. Gotchy U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Wachington, D.C.
20555 Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Commissioner Thomas M. Roberts U.S. Nuclear Regulatory Commission Mr. Howard A. Wilber Washington, D.C.
20555 Atomic Safety and Licensing Appeal Board Commissioner James K. Asselstine U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 James L. Kelley, Esquire Commissioner Frederick M.
Bernthal Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555
~
Mr. Glenn O.
Bright' Commissioner Kenneth M. Carr Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission.
Washington, D.C.
20555 Washington, D.C.
20555 Dr. James H. Carpenter Thomas S. Moore, Esquire Atomic Safety and Licensing Board Chairman U.S. Nuclear Regulatory. Commission Atomic Safety and Licensing tiashington, D.C.
20555 Appeal Board U.S. Nuclear Regulatory Commission Wachington, D.C.
20555
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Dr. Richard D. Wilson Charles A. Barth, Esquire
.729 Hunter Street Janice E. Moore, Esquire Of fice of the General Counsel Apex, North Carolina 27502 i
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Wells Eddleman 812 Yancey Street Dacketing and Service Section Durham, North Carolina 27701 Office of the Secretary U.S. Nuclear Regulatory Commission Richard E. Jones, Esquire Wcshington, D.C.
20555 Vice President and Senior Counsel Carolina Power & Light Company Mr. Daniel F. Road, President P.O. Box 1551 CRANGE Raleigh, North Carolina.27602 P.O. Box 2151 Raleigh, North Carolina 27602 Dr. Linda W.
Little Governor's Weste Management Board Bradley W. Jones, Esqui;4 513 Albemarle Building U.S. Nuclear Regulatory Commission 325 North Salisbury Street Rcgion II Raleigh, North Carolina 27611 101 Marrietta Street Atlanta, Georgia 30303 H. A. Cole, Jr., Esquire Special Deputy Attorney General Mr. Robert P. Gruber 200 New Bern Avenue Executive Director Raleigh, North Carolina 27601 Public Staff - NCUC P. O. Box 29520 Joseph Flynn, Esquire Raleigh, North Carolina 27262-0520 Federal Emergency Management Agency 500 C Street, S.W.,
John D. Runkle, Esquire Washington, D.C.
20740 Conservation Council of North Carolina 307 Granville Road Chapel Hill, North Carolina 27514 M. Travis Payne, Esquire Edelstein and Payne P.O. Box 12607 Raleigh, North Carolina 27605 Coalition for Alternatives to Shearon Harris (CASH) 604 W. Chapel Hill Street Durham, North Carolina 27701 l
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