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% h/yl m.u a . w, February 18,_1987_
The Honorable John B. Breaux, Chairman Subcomittee on Nuclear Regulation Comittee on Environment and Public Works United States Senate Washington, D.C. 20510
Dear Mr. Chairman:
The NRC ouarterly status report on emergency preparedness for nuclear power plants is enclosed. The report, our 30th, covers the period from October 1 to December 31,.1986.
In the Shoreham and Seabrook cases, the Commission is unable to realistically forecast the licensing schedule because of the emergency preparedness issues.
Minor revisions, as noted in Table 1, have occurred in other operating license review schedule dates since cur last report to Congress. None of these revi-
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sions are projected to result in any delays in the licensing process.
Sincerely, h W.
Lando W. Ze k
, Jr Chairman
Enclosure:
NRC Quarterly Status Report cc: The Hon. Alan K. Simpson 0703030057 070226 PDR COMMS NRCC CORRESPONDENCE PDR
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~k NRC QUARTERLY STATUS REPORT TO CONGRESS ON EMERGENCY PREPARE 0 NESS October 1, 1986 to December 31, 1986 The 30th NRC status report to Congress on emergency preparedness for nuclear power plants covers the period from October 1 to December 31, 1986.
Tables 1 and 2 provide the status of offsite and onsite emergency planning, respectively, for applicants for an operating license.
Commission decision dates are consistent with those reported to the House Committee on Appropriations, Subcommittee on Energy and Water Development.
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b INDEX OF MATERIAL SUPPLIED BY NRC Table 1 - Status of Offsite Emergency Preparedness Operating License Reviews Table 2 - Status of Onsite Emergency Preparedness Operating License Reviews
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h' December 31, 1986 Table 1 Status of Offsite Emergency Preparedness Operating License Reviews Date of Potential Estimated FEMA Offsite EP FEMA Findin Delay a Start of Commission Facility Finding 1 Neededg Hearings 4 Decision 5 (Months)
Perry C C 0 C C*8 Vogtle C C 0 C 01/87*
Shearon Harris C C 0 C 01/87*
Seabrook 04/06/87 04/06/87 7 t t*
Clinton C C 0 None 02/87*
Nine Mile 2 C C , None 02/87*
Braidwood C C 0 C8 04/87*
Beaver Valley 2 04/01/87* 04/01/87* 0 None 04/87 South Texas 04/01/87* 04/01/87* 0 C 06/87 Watts Bar C C 0 None t Comanche Peak C C 0 C t Shoreham 9 9 9 C t Total Potential Offsite !
Emergency Preparedness Delay, see footnote: 7 9
- Change from previous report.
t Not scheduled.
Notes: I IC = complete; i.e., FEMA Findings have been provided. Where a date is given in parentheses, supplemental information to FEMA Findings previously provided is expected on that date. FEMA Findings on offsite emergency preparedness are not required to issue a license authorizing fuel loading and operation up to 5 percent of rated power.
2C = complete; f.e., FEMA Findings have been provided. Where a date is given, it is the date by which the FEMA Findings must be provided to meet the proposed Commission Decision date.
3The delay is caused by offsite emergency preparedness issues. This delay is in addition to any delays estimated in the report to the House Appropriations t
Subcommittee on Energy and Water Development.
4C = complete; i.e., a hearing has started.
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Table 1 (Continued) 5 Dates are consistent with those reported to the House Appropriations Subcom-mittee on Energy and Water Development and in the NRR Monthly Report. For plants for which construction is complete, the dates shown are for full power licensing.
For the other plants, the dates are those by which the NRC needs the information to act on authorization for fuel loading and low power operations.
60n November 7,1986, the State of Ohio filed a petition with the U.S. Court of
- Appeals for the Sixth Circuit seeking a review of an earlier Commission order denying the State's petition to intervene in the Perry licensing proceeding. The State simultaneously filed an emergency motion asking the Court to issue an order preventing the Commission from authorizing full power operation pending the Court's review of the Commission denial. On November 13, 1986, the Commission issued a full power license for Perry, and on the same day, the Court of Appeals entered an order enjoining the licensee from operating above 5 percent of rated power. On December 23, 1986, the Court lifted the restraining order, and on the same day, intervenors, Ohio Citizens for Responsible Energy, filed a motion for a stay of the license with the U.S. Supreme Court. The motion was denied on December 31, 1986 by Justice Scalia on procedural grounds.
7 FEMA has reviewed drafts of State and local plans that were submitted by New
- Hampshire and Massachusetts for an informal technical review. New Hampshire formally submitted emergency plans to FEMA in December 1985 with the latest revision submitted in September 1986. FEMA review of the New Hampshire plans does not appear to be on the critical path for licensing. The Licensing Board has established a tentative date of April 27, 1987 for hearings on the New Hampshire plans. Activities regarding the emergency response plans for Massa-chusetts are on the critical path for licensing. On September 20, 1986, the Governor of Massachusetts announced that he will not submit emergency plans for that part of the EPZ in Massachusetts because he does not believe adequate protective measures can be developed for that area. On December 18, 1986, the applicant filed a petition to the Commission for a waiver to the regulations to allow reducing the size of the EPZ for Seabrook from ten miles to one mile. On October 17, 1986, Seabrook was issued a license to load fuel and conduct pre-criticality testing. A low power license is scheduled to be issued in January 1987. The staff believes that resolution of offsite emergency planning issues will delay issuance of a full power license although the length of the delay cannot realistically be forecast at this time.
8 Hearings on certain contentions including one relating to emergency prepared-ness have been completed. A decision is scheduled to be issued in March 1987.
On October 17, 1986, Braidwood was issued a license to load fuel and conduct precriticality testing.
'30n August 26, 1985, the Licensing Board for emergency planning for Shoreham
- issued a concluding partial initial decision finding that because of LILC0's inability to implement its offsite emergency response plan and because of the refusal of the State and county to cooperate, a full power license may not be issued for Shoreham. On October 18, 1985, the Appeal Board upheld the Licensing Board's decision that LILC0 does not have the legal authority to implement its offsite emergency plan. On June 6, 1986, the Commission ordered the Licensing Board to initiate a hearing on exercise-related contentions. On July 24, 1986,
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s Table 1 (Continued) the Commission ordered further hearings on the " realism" and " materiality" arguments presuming that the State and county would actually participate in a real emergency. Contentions related to the exercise were admitted by the Licensing Board on October 3, 1986. The hearing is scheduled to begin in February 1987. On September 19, 1986, the Commission took review of three issues remanded by the Appeal Board. On the basis of the above, a realistic forecast of the impact on the licensing process cannot be made at this time.
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December 31, 1986 Table 2 Status of Onsite Emergency Preparedness Operating License Reviews States Within Onsite Commission Facility 10-Mile EPZ Appraisal Exercise 2 Decisions Perry OH C C4 C*
Vogtle GA, SC C C 01/87*
Shearon Harris NC C C 01/87*
Seabrook NH, MA C 5 t*
Clinton IL C C 02/87*
Nine Mile 2 NY C C 02/87*
Braidwood IL C C 04/87*
Beaver Valley 2 PA, WV, OH t C 04/87 South Texas TX C* 04/87* 06/87 Watts Bar TN C C t Comanche Peak TX C C t Shoreham NY C C6 t 1hange from previous report to Congress.
t hot scheduled.
Notes:
15 tart date for 2 week onsite Emergency Preparedness Appraisal.
2 Full participation exercise of applicant, State, and supporting local govern-ment to demonstrate preparedness.
3 Dates are consistent with those reported to the House Appropriations Sub-committee on Energy and Water Development.
4Last full participation exercise conducted in November 1984. Exemption from
- requirement to conduct a full participation exercise within one year of full-power license issued on November 6, 1986.
5 Exercise of applicant's onsite plan and offsite plan for New Hampshire only; remedial exercise to be scheduled, and exercise of Massachusetts' plans will be necessary.
6 Exercise of applicant's onsite and offsite plans.