ML20213F981
| ML20213F981 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/12/1987 |
| From: | Cumming W Federal Emergency Management Agency |
| To: | NEW YORK, STATE OF, NRC OFFICE OF THE GENERAL COUNSEL (OGC), SUFFOLK COUNTY, NY |
| References | |
| CON-#287-3432 OL-3, OL-5, NUDOCS 8705180067 | |
| Download: ML20213F981 (13) | |
Text
"
DOCKETED USHRC May 12, 1987
'87 my 14 P2:29
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UNITED STATES OF AMERICA ,
i NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket No. 50-322-OL-3 (Emergency Planning)
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-S
) (EP Exercise)
(Shoreham Nuclear Power Station, )
Unit 1) )
FEMA GUIDANCE OF POTENTIAL APPLICABILITY TO SHOREHAM PLAN AND EXERCISE PROCEEDINGS On December 18, 1986, FEMA Counsel served on all parties a FEMA document dated August 3, 1983, from Dave McLouglin to FEMA Regional Directors,
Subject:
Procedural Policy on Radiological Plan Reviews, Exercise Observations and Evaluations, and Interim Findings. Inadvertenity, Attachment I to that Memorandum was not included. Accordingly, copies are hereby served on all parties to the OL-3 and OL-5 proceedings.
Respectfully submitted, .
&/. Cm= ==y William R. Cumming Counsel to FEMA Dated this 12th day of May, 1987 Washington, D.C.
C 8705180067 870512 PDR ADOCK 05000322 Q PDR
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. - Federal Emergency Management Agency
! Washington, D.C. 20472 1
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- AUG 5 1983 i MEMORANDUM FOR
- Regional Directors lr Acting Regional Directors, Regions III, V FROM:
ave McLoughlin Deputy Associate Director je State a'nd Local Programs and Support 4
! SUBJECT.: Procedural Policy on Radiological Emergency Preparedness
' - Plan Reviews, Exercise Observations and Evaluations, and Interia Findings
REFERENCES:
(1) Federal Register, Volume 45, No. 243, Memorandum of '
Understanding (MOU) Between Federal Emergency Management 1 Agency (FEMA) and the Nuclear Regulatory Commission (NRC) i relating to Radiological Emergency Planning and Preparedness.
- (2) Guidance Memorandum #17, Joint Exercise Procedures issued
- January 1981.
I (3) Memorandum for Regional Directors dated October 19, 1981,
Subject:
Procedural Policy on Radiological Emergency Preparedness.
4 (4) Memorandum for All Regional Directors dated December 4,1981,
Subject:
Procedural Policy on Radiological Emergency '
j Preparedness. -
! (5) Guidance Memorandue #16, Standard Regional Reviewing and Reporting Procedures
- (6) Memorandum for Regional Directors dated March 9,1983, l
Subject:
Reinstituting the Guidance Memorandum Series j for Radiological Emergency Preparedness (this memorandum also transmitted ~ a draf t revised version of GM #17) l (7) Memorandum for Regional Directors / Acting Regional Directors j dated April 5, 1982,
Subject:
Uniformity of Concent and Format for Radiological Emergency Preparedness (REP) Exercise Evaluation Reports j -
l This memorandum transaits several important changes in the procedures for reviewing Radiological Emergency Preparedness (REP) plans and for observing, evaluating, and reporting on REP exercises. The purpose of the changes is to provide a more uniform, workable approach for use by all FDiA Regions in reviewing '
plans, evaluating exercises, and preparing interim findings.
l The April 5,1982 memorandum (Reference 7), is hereby cancelled and superceded i
on an interim basis by Attachments 1 and 2. Further, the guidance stated in j- this memorandum and the attachments shall replace any inconsistent guidance ;
j in the above ref erenced documents three, four, and five.
f FEMA has agreed to furnish the NRC for their use in connection with licensing and regulatory actions, interia findings and exercise reports on the status of offsite radiological emergency preparedness in the emergency planning zones-
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around commercial nuclear power plants (References 1-4). The requirement continues for each Region to prepare and furnish interim findings (References 3-4) in accordance with dates listed in the joint NRC/ FEMA status report on emergency preparedness for nuclear power plants which is prepared monthly and transmitted quarterly to Senator Alan K. Simpson, Chairman, Subcommittee on Nuclear Regulation. The Technological Razards Division will conti=ue to coordinate the revision of dates interim findings are needed with your Regional Assistance Committee (RAC), Chairman.
Common terminology is not being used throughout FEMA, and of ten leads to confusion not only within FDiA but between FDiA and NRC. To resolve this problem, set forth in Attachment 1 entitled " RADIOLOGICAL DfERCENCY PREPAREDNESS EVALUATION REPORTS" is the terminology to be applied throughout the review process. In all cases, the use of the terms "significant," "majo r," or " minor" should be avoided. This applies to plan reviews, 44 CFR 350 Regional evaluations, interim findings, and exercise observations and evaluations.
FEMA and its contractor, Argonne National Laboratory ( ANL), have been developing materials to improve on the uniformity of exercise evaluations since September 1982. The objectives have been to simplify, improve, and standardize the observation and evaluation procedures for joint exercises where there are RAC observations.
Two areas have been emphasized. The first is to facilitate thorough, consistent observations which will result in a sound informational base for subsequent evaluation and findings. The second is to provide an observational tool which is easy to use and which minialzes duplication and unste in the evaluative process. This should result in simplif ying preparation of the exercise report and a more timely completion of the figal report.
A modular approach has been developed. It was designed especially for gathering information during the exercise and the subsequent summarizing and evaluating of the information into an exercise report. Nine modules have been prepared, corresponding to either a location or a function thst an observer will be assigned to. Each module has been tailored specifically to an observational task. The modules and instructions for their use are contained in Attachment 12 entitled "MODUIAR FORMAT FOR UNIFORMITY OF RADIOLOGICAL EMERGENCY PREPAREDNESS EXERCISE OBSERVATIONS AND EVALUATIONS" dated June 1983.
GM #17 (Reference 2) requires setting objectives before generating exercise sce na rios . To assist in generating an objective-based exercise and in using the modular fo rmat for exercise observation and evaluation, a set of 35 standardized objectives has been developed. They are included as the last section of Attachment
- 2. The objectives have been developed so that each corresponds to a discrete part of a module--one or two sections. The objectives are limited generally to observable elements from NUREG-0654/ FEMA-REP-l, Rev. 1, that pe rtain to either State and/or local gover=ments. For limited or special remedial exercises, use could be made of the objectives to " tailor" the modules to be used by the observers to fit that axe rci s e. S.ections which do not correspond to any of the objectives for that exercise could be marked "not applicable,"
crossed out, or deleted altogether.
ANL is also prepari g a new REP data base and assagement system which will interf ace with the Exercise Evaluation and Simulation Facility (EEST) project.
This will permit automated use of all the 1: formation in the " modular formac."
We would appreciate your comments on the two attachments as soon as possible but not later than August 31, 1983. Please submit them to the Assistant Associate Director, Office of Natural and Technological Hasards Programs, Attention: Mr.
Marlow J. Stangler. If you have a=y questions, please contact Mr. Star.gler
. by telepho=e at 2874 207.
Regio:s should follow the 1:structions is Attachments 1 and 2 for all exercises conducted af ter September 10, 1983. The exception to this is that a y report .
submitted after August 8, 1983, should use the terminology in Attachment 1 for describi=g deficiencies.
Af ter your comments on the attached asterial have been received and analyzed, both attachments will be issued is final form. We anticipate that only mi=or adjustments will be needed. The modular concept has been found to be pref erable to the approach now being used. Earlier draf ts of the modular approach were field tested at the December 11, 1982, Maine Yankee exercise and the February 23, 1983, Monticello exercise. The post exercise assessaant report for Maine Yaskee was prepared usi:g the format contained in Attachment 1. A copy has been sent to Regions II through X under separate cover.
There any be some 1:1tial inconvenience is implementation of the modular format for exercise observation and evaluation is some Regions. However. based upon its use is two Regions, it should prove to be a useful and beneficial tool for consiste=c and improved evaluation of REP exercises.
Attachment s As Stated Distribution Codest B&E with Attachment 1 and Attachment 2 throu6h TAB A i
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ATTAC101ENT 1 RADICI0GICAL EMERGENCY PREPAREDNESS EVALUATION REPORTS Common termincMgy for evaluation of radiological emergency preparedness (REP) plans, exeretsu performance, and overall preparedness is not being used throughout the Federal E:pergency Management Agency (FEMA), and of ten leads to confusion not only within TEMA buc between FEMA and the Nuclear Regulatory Commission (NRC). To resolve this problem, the terminology to be applied throughout the review process is set forth in this accachment. In all cases, the terms "significant "
=
" major," or " minor" are not to be used. This applies to plan reviews, 44 CFR 350 Regional evaluations, interim findings, and exercise observations and evaluations.
PLAN REVIEWS Plan reviews will contain a review and evaluation of each element listed in the standards of NUREG-0654/ FEMA-REP-1, Rev.1, that apply to Scace and local gover nent radiological energency preparedness plans. This review vb11 es provided by the FEMA Regional Offices with the assistance of the Regional Assistance Committee (RAC).
Each element as found.in NUREG-0654/ FEMA-REP-1, Rev.1, will be raced as adequate or inadequate, with a brief statement to substantiate the rating. For an inadequate racing, a more detailed scacement will be given.
REGIONAL EVALUATIONS UNDER 44 CFR 350 Section 350.11 requires the Regional Director to evaluate the adequacy of State and local plans and preparedness on the basis of the criteria in section 350.5. The Regional 350 submission required under 350.11(c) should include en evaluation of all exercises conducted. A copy of the exercise report, the States proposed corrective actions, and the Regional a talysis for each individual exercise leading up to the 350 submission to FDiA Headquarters vill be attached as part of the relevant material required by section 350.11(c).
,N,o, finding or recommendation vill be included as to whether an individual exercise demonstrated reasonable assurance that appropriate measures can and will be taken to protect the health and safety of the public. The Region should assure that necessary corrective actions have been completed prior to submitting the Regional evaluation.
For each exercise evaluated for a site af ter FEMA has approved the site specific State and local plans in accordance with 44 CFR 350.12, the Regional Director vill include in the memorandum that transmits the axercise report a statement cf finding as to whether che, exercise report demonstrated that the offsite preparedness conti::ued to be adequate to provide reasonable assurance that appropriate measures can and will be taken to protect the health and safety f the public living in the vicinity of the site in the event of a radiological caergency.
INTERIM FINDINGS Interim Findings may consist of an evaluation of plans, or an evaluation of preparedness, which would include an evaluation of the plans and exercises.
A.
If the memorandum transmits an interia finding on a plan review only, the FEMA Region will include a statement of finding as to whether State and local emergency plans are adequate and capable of being implemented.
B. If 'the memorandus transmits an interia finding on an evaluation of preparedness, the Regional Director will include a statement of finding as to (1) whether State and local emergency plans are adequate and capable of being implemented and and (2) whether the exercise (s) demonstrated that the of fsite preparedness is adequate to provide reasonable assurance that appropriate measures can and will be taken to protect the health and safety of the public living in the vicinity of the site in the event of a radiological emergency.
When deficiencies in preparedness exist, an overall finding of adequacy can be made only if the. deficiencies, considered as a whole, are such that, in spite of them, there is reasonable assurance that appropriate protective measures can and will be taken in the event of a radiological emergency. If a finding of inadequacy is made, then the deficiencies that caused this finding must be briefly stated by governmental jurisdiction and/or _ response organisation.
EXERCISE REPORTS An exercise report will be prepared for each REP exercise where FEMA personnel are obse rve rs . i A. The form and content of the exercise report should be as follows:
, 1. A Cover Sheet containing:
o Name of nuclear power plant exercised o Name of licensee (s) exercised o Location of plant by State, County, and nearest town o Date of the report o Date of the exercise o
o List of State and local governments which participated List of State and local governannes that should have participated but did not.
- 2. A Table of Contente.
- 3. Exercise summary:
This section should be located immediately af ter the Table of Contents.
It must briefly summarize by State and then county and/or local [
t governmental units the highlights of the exercise results. The FEMA Region will not include a statement of finding in the summary.
3-4 Main Body of the Report This section must, at a minimum, contain an introduction and a narrative of the exercise results.
The Introduction should provides o Background on the exercise, including the date of the last exe r ci se ,
etc.
o Listing of State and local governments within the plume and/or ingestion EPZ which did not participate and a brief statement as to why they did not participace; o Listing by name and agency / organization of Federal and contract evaluators for of f site areas and their respective assigned locations; o Evaluation criteria used; o Brief summary of the exercise objectives; o Brief summary of the scenario, including the pre-exercise projected tise lines and the actual time that selected events occurred in the exercise as conducted; o Brief description of State and local resources planned to be used in the exercise.
o Deficiencies noted in past exercises (referenced to the appropriate NUREG-0654/FDfA REP-1, Rev.1, by planning standard and element),
indicating whether they were corrected and the element was tested again in the current exercise to ensure capability to perform.
o Exercise objectives still to be ef fectively achieved.
The narrative portion of the exercise results should be grouped by State and each locality. For each governmental unit, this section should contain a brief overview paragraph, followed by a statement of each specific observed deficiency, referenced to the appropriate planning standard and element of NUREG-0654/ FEMA-REP-1, Rev.1, and accompanying recommendation. When the exercise performance is considered adequate, a statement and recommendation should also be included if a correctable weakness is noted where some improvements would enhance the adequately demonstrated capability.
S. Summary Listing of Daf tetencies This section should be a consolidated summary listing by jurisdiction of all deficiencies in sequential order, with their present status of correction indicated if known. The listing should be structured as a metrix or chart. For each deficiency, space should be allowed to add (1) the corrective actions that may have been or will be taken at a later date and (2) the projected and actual date of completion.
The listing for each jurisdiction should be in the following two parts:
- c. Th3 first part should list caly thoso deficicacies that would c us7 a finding that effsito emers'ncy prepareds so was nne ed quato to provide reasonable assurance that appropriate protective seasures can and will be taken to protect the health and safety of the public living in the vicinity of the site in the event of a radiological eastgency. These are deficiencies that would lead to a negative finding.
A_ negative finding would be based on at least one deficiency in this part.
- b. The second part should list all other deficiencies. This will include those where demonstrated (and observed) performance during the exercise was considered faulty, corrective actions are considered necessary, but other factors indicate that reasonable assurance could be given that, in the event of a real radiological emergency, appropriate measures can and will be taken to protect the health ,
and safety of the public. This part should also list as a deficiency all other probles areas where performance was considered adequate but where a correctable weakness ins noted (observed). Correction of the weakness would enhance the ability of the organisation to perform their adequately demonstrated response capability. Deficiencies in this part should be relatively easy or straightforward to correct in comparison with those listed above. A finding of adequacy any include a number of deficiencies in this part.
The FID(A Region will not include a statement of finding in the exercise report, since this will be done in the transmittal memorandum where appropriate.
B. It is desirable that a draf t of the exercise report be circulated to all exercise observers, especially RAC acabers, prior to finalising. If this is done, a copy for, information only should also be forwarded to the Assistant Associate Director, Office of Natural and Technological .
Hasards Programs, FEMA Headquarters, attention to the assigned THD project officer for your Region. A copy should not be provided to exercise participants at this time.
C. Draf t exercise reports should not be furnished by the FEMA Region to the utility. This restriction applies to any communication, whether formal or informal, which involves inforancion under consideration for submittal to FEMA Headquarters. It is essential to adopt this practice in order to avoid even the appearance of a conflict of interest. It should also preclude misunderstandings which any arise among exercise participants or with the public and media.
D. Three (or more) copies of the exercise report should be forwarded to the Assistant Associate Director, Office of Natural and Technological Hasards Programs, FEMA Headquarters, attention to the assigned THD project officer for your Region. The copies should be furnished not later than 30 calendar days af ter completion of the exercise. If there will be a delay beyond this time, the Regional Director will advise, in writing, of the reason for the delay and the date the report will be provided.
e
l E. FDIA Headquarters will transmit, as soon as possible, the exercise r
repo rt to NRC Headquarters.
F. FEMA Headquarters will send a copy of the transmittal memorandum to NRC Headquarters to the FDM Region. Upon notification of this action by FEMA Headquarters, the FEMA Region should transmit two (or more) copies of the exercise report to the State by letter. The State should be requested in the transmittal letter to provide a response to the Region within 30 calendar days regarding their proposed corrective actions
- with date(s) for completion of the corrective actions. This time frame sust be adhered to, especially if there are deficiencies in A.5.a. above. The dates and the proposed, corrective actions should be inserted in a separate copy of the chart (see A.5. above).
C. Concurrent with furnishing the exercise report to the State, the FEMA Region may furnish information copies of the exercise report to the appropriate NRC Region. It is advisable and appropriate to work through the NRC Region in order to resolve any problems that might arise with the licensee.
H. The State reply, along with their proposed corrective action (s) and scheduled date(s) for completion of the corrective actions, and the Regional analysis, should be furnished to the THD no later than 15 calendar days af ter receipt from the State.
PRESS RELEASES A FEMA Region will refrain from issuing any media release in connection with the transmittal or availablity of the exercise report being submitted to FEMA Headquarters. Additional guidance is being prepared and will be forthcoming in the near future which will address this issue.
4
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a Attachment 2 9
'MODUIAR FORMAT FOR 4- UNIFORMITY OF RADIOLOGICAL EMERGENCY PREPAREDNESS EXERCISE OBSERVATIONS AND EVALUATIONS JUNE 1983
D0thEfEf'
'* USSRC UNITED-STATES OF AMERICA 07 ngy 14 P2:29 NUCLEAR REGULATORY COMMISSION 0FFitE e 2: . ' ' . .
BEFORETHEATOMICSAFETYANDLICENSINGB08R04tigtggg"VKd In the Matter of )
o ) Docket No. 50-322-OL-3 LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-5 (Shoreham Nuclear Power Station, )
Unit 1) )
CERTIFICATE OF SERVICE I hereby certify that copies of " NOTICE OF FEMA GUIDANCE" in the above-captioned proceedings have been served on the following by deposit in the United States mall, first class, this 12th day of May, 1987:
John H. Frye, III, (Courtesy Copy) Fabian G. Palomino, Esq.
Administrative Judge Special Counsel to the Governor Atomic Safety and Licensing Board Executive Chamber U.S. Nuclear Regulatory Commission State Capitol Washington, D.C. 20555 Albany, NY 12224 Oscar H. Paris (Courtesy Copy) H. Taylor Reveley III, Esq.
Administrative Judge Hunton & Williams Atomic Safety and Licensing Board 707 East Main Street U.S. Nuclear Regulatory Commission P.O. Box 1535 '
Washington,-0.C. 20555 Richmond, VA 23212 Frederick J. Shon Jonathan D. Feinberg, Esq.
Administrative Judge New York State Department of Atomic Safety and Licensing Board Public Service U.S. Nuclear Regulatory Commission Three Empire State Plaza Washington, D.C. 20555 Albany, NY 12223 4 n - , , . . , - - - - - . . - . - , , - - . - - - - ,
Morton B. Margulies, Chairman Dr. Jerry R. Kline Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission East-West Towers, Rm. 430 East-West Towers, Rm. 430 4350 East-West Hwy. 4350 East-West Hwy
. Bethesda, Maryland 20814 Bethesda, MD 20814 Stephen B. Latham, Esq.
o John F. Shea, III, Esq. Christopher M. McMurray, Esq.
Twomey, Latham & Shea Lawrence Coe Lanpher, Esq.
Attorneys at Law David T. Case, Esq.
P.O. Box 398 Kirkpatrick & Lockhart 33 West Second Street 1800 M Street, N.W.
Riverhead, NY 11901 9th Floor Washington, D.C. 20036 Atomic Safety and Licensing Board Panel Joel Blun, Esq.
U.S. Nuclear Regulatory Commission Director, Utility Intervention Washington, D.C. 20555 NY State Consumer Protection Board Suite 1020 Atomic Safety and Licensing 99 Washington Avenue Appeal Board Panel Albany, NY 12210 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Monroe Schneider North Shore Committee P.O. Box 231 Docketing and Service Section Wading River, NY 11792 Office of the Secretary U.S. Nuclear Regulatory Commission Philip H. McIntire Washington, D.C. 20555 Federal Emergency Management Agency 26 Federal Plaza Spence Perry, Esq.** New York, New York 10278 General Counsel, Rm. 840 Federal Emergency Management Agency 500 C Street, S.W.
Washington, D.C. 20472 Robert Abrams, Esq.
Attorney General of the State Mary M. Gundrum, Esq.. of New York New York State Dept. of Law Attn: Peter Bienstock, Esq.
120 Broadway Department of Law 3rd Floor, Room 3-116 New York, N.Y Two World Trade Center 10271 Room 46-14 New York, NY 10047 Anthony F. Earley, Jr., Esq. MHB Technical Associates General Counsel- 1723 Hamilton Avenue Long Island Lighting Company Suite K 250 Old County Road San Jose, CA 95125 Mineola, NY 11501
County Executive Martin Bradley Ashare, Esq.
Suffolk County Executive Suffolk County Attorney County Executive / Legislative Bldg. H. Lee Dennison Building Veteran's Memorial Highway Veteran's Memorial Highway Hauppauge, NY 11788 Hauppauge, NY 11788 Mr. Jay Dunkleberger Ms. Nora Bredes New York State Energy Office Shoreham Opponents Coalition Agency Building 2 195 East Main Street
, Empire State Plaza Smithtown, NY 11787 Albany, New York 12223 Ellen Blackler Mr. Robert Hoffmnan New York State Assembly Ms. Susan Rosenfeld Energy Committee Ms. Sharlene Sherwin 626 Legislative Office Building P.O. Box 1355 Albany, NY 12248 Massapequa, NY 11758 Brookhaven Town Attorney Richard Bachman, Esq.
475 E. Main Street U.S Nuclear Regulatory Agency Patchogue, NY 11772 7735 Old Georgetown Road Bethesda, MD 20814
/, 22 = = = = *-
William R. Cumming Federal Emergency Management Agency i
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