ML20197K022
| ML20197K022 | |
| Person / Time | |
|---|---|
| Site: | 05000000, Diablo Canyon |
| Issue date: | 07/15/1985 |
| From: | Matthews D NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Knighton G Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML082840462 | List:
|
| References | |
| FOIA-86-197 NUDOCS 8507250076 | |
| Download: ML20197K022 (3) | |
Text
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NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D. C. 20555
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JUL 151985 MEMORANDUM FOR:
Georoe W. Knighton, Chief Licensing Bratich #3 Division of Licensing Office of Nuclear Reactor Regulation FROM:
David B. Patthews, Chief Emergency Preparedness Branch Division of Emergency Preparedness dnd Engineerin. Response Office of Inspeccion and Enforcement
SUBJECT:
SUPPLEMENT TO SER FOR DIABLO CANYON UNIT 2 RELATED TO OFFSITE EMERGENCY PLANNING MEDICAL SERVICES Enclosed is input for a Supplement to the Safety Evaluation Report for Diablo Canyon Unit 2 addressing offiste medical services. This completes the emergency planning review for Diablo Canyon Unit 2 licensing and there are no remaining outstanding issues.
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David B. Matthews, Chief Emergency Preparedness Branch Division of Emergency Preparedness and Engineering Response Office of Inspection and Enforcement
Enclosure:
Diablo Canyon Unit 2 SSER Input
Contact:
Edward M. Podolak, IE 492-7290 N
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r-Diablo Canyon Unit 2 Emergency Preparedness Evaluation Federal Emergency Management Agency Findings on Offsite Emergency Plans and Preparedntss_
Offsite Emergency Planning Medical Services In a recent decision, GUARD v. NRC, 753 F.2d 1144 (D.C. Cir. 1985), the U.S.
Court of Appeals vacated the Comission's interpretation of 10 CFR 650.47(b)(12) to the extent that a list of facilities was found to constitute adequate arrange-ments for medical services for members of the public offsite exposed to dangerous levels of radiation. The Commission has now provided guidance to be followed in determining compliance with this regulation pending its determination of how it will proceed in response to the Court's remand.
In particular, the Comission directed that Licensing Boards, and in uncontested cases, the staff, should consider the uncertainty attendant to the Comission's interpretation of this regulation, especially in regard to its interpretation of the term " contaminated injured individuals."
In GUARD, the Court left open to the Comission the discretion to reconsider whether that term should include members of the offsite public exposed to dangerous levels of radiation and, thus, whether arrangements for this population of individuals are required at all. For this reason, the Comission observed that it may reasonably be concluded that "no additional actions should be taken now on the strength of the present interpretation of that term." Accordingly, the Comission observed that it can be found "that
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,o any deficiency which may be found in complying with a finalized post GUARD planning standard (b)(12) is insignificant for the purposes of 10 CFR 550.47(c)(1)."
In this regard, the Comission, as a generic matter, noted the low probability of accidents which might result in exposure of members of the offsite public to dangerous levels of radiation as well as the slow develop-ment of adverse reactions to overexposure. See, Emergency Planning; Statement of Policy, 50 FR 20892, May 21,1985.
Consistent with the foregoing Statement of Policy, the applicant has by letter dated June 28, 1985 comitted to fully comply with the Comission's response to the Court's renand. By letter dated July 5, 1985, FEMA confirmed that the emer-gency plans of the involved offsite response jurisdictions contain a list of medical service facilities.
Accordingly, on the basis of the factors identified by the Comission in its Statement of Policy, the staff has determined that the requirements of 10 CFR 950.47(c)(1) have been satisfied so as to warrant issuance of the operating license pending further action by the Comission with respect to the require-mentsof10CFR550.47(b)(12).
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