ML20214A517

Response Opposing State of Nc Atty General 861028 Motion Re Applicant Request for Exemption from Portion of 10CFR50, App E & Part IV.F.1.Certificate of Svc Encl

ML20214A517
Person / Time
Site:	Harris
Issue date:	11/17/1986
From:	Barth C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
References
CON-#486-1559 OL, NUDOCS 8611200116
Download: ML20214A517 (10)

Text

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'86 tm 18 A10:48 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMP 11SSION GFF1 00cc i BEFORE TIIE COMMISSION In the Matter of ) -

)

CAROLINA POWER AND LIGIIT

)

COMPANY AND NORTli CAROLINA ) Docket No. 50-400 OL EASTERN MUNICIPAL POWER )

AGENCY ) t

)

(Shearon Itarris Nuclear Power Plant, )

Unit 1) )

i e

a NRC STAFF RESPONSE TO NORTli CAROLINA ATTORNEY GENERAL'S MOTION REGARDINO APPLICANT'S REQUEST FOR EXEf!PTION FROM PORTION OF 10 C.F.R. PART 50, APPENDIX E, I IV.F.1 Charles A. Barth Counsel for NRC Staff November 17, 1986 0611200116 861117 F DH ADOCK 0D000 0

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE TIIE COMMISSION In the Matter of )

) .

CAROLINA POWER AND LIGHT ) .

COMPANY AND NORTH CAROLINA ) Docket No. 50-400 OL EASTERN MUNICIPAL POWER ) , ,,

AGENCY )

)

(Shearon Ifarris Nuclear Power Plant, ) -

~

Unit 1) )

i NRC STATF RESPONSE TO NORTH CAROLINA ATTORNEY GENERAL'S MOTION REGARDING APPLICANT'S REQUEST FOR EXEMPTION FROM PORTION OF 10 C.F.R. PART 50, APPENDIX E, I IV.F.1 1

Charles A. Barth Counsel for NRC Staff November 17, 1986 l

UNITED STATES OF AP.fERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )

)

CAROLINA POWER AND LIGIIT ) ,

COMPANY AND NORTH CAROLINA ) Docket No. 50-400 OL EASTERN MUNICIPAL POWER ) -

AGENCY ) '

)

(Shenron Harris Nuclear Power Plant, ) ,

Unit 1) *

)

NEC STAFF RESPONSE TO NORTII CAROLINA ATTORNEY GENERAL'S MOTION REGARDING APPLICANT'S REQUEST FOR EXEMPTION FROM PORTION OF 10 C.F.R. PART 50, APPENDIX E, I IV.F.1 I. INTRODUCTION By motion dated October 28, 1986, 1_/ the Attorney General of the State of North Carolina (" Attorney General") reiterates his opposition to

Appilcants' request for an ' exemption from that part of 10 C.F.R. Part 50, Appendix E, I IV.F.1 which requires that the full participation exercise be conducted within one year of issuance of the full power license and 2

prior to operation above 5% of rated power _/ and requests the Commis-1/

~

" Attorney General's Motion Regarding Applicants' Request For Exemption From Portion of 10 C.F.R. Part 50, Appendix E, I IV.F.1" dated October 28,1986 (hereafter " Motion").

. 2/ 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. at 9. This statement needs to be clarified. It is true that the Attorney General opposes the granting of the exemption. Ilowever, another state body, the (FOOTNOTE CONTINUED ON NEXT PAGE)

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sion to inquire into the " current feasibility" of the exemption. Motion at 1. Specifically, the Attorney General requests the Commission:

1. Inquire of its staff and of CP&L as to the probability of readiness for full pow operation by or before February 27, 1987. g

2. Consider and determine that, unless CP&L demonstrates a reasonable possibility of being ready for a full operatirig license by February 27, 1987, the request for an exemp-tion is moot and should be dis' missed.

i A'otion at 5, 6.

II. DISCUSSION In the Motion the Attorney General states his opinion that it is

" highly unlikely" that the Harris Plant will be " ready for full power operation prior to the February [1987] full participation exercise" Motion at 4, 5. For this reason, he requests that the Commission direct its Staff and Applicants to advise the Commission of the " probability of readiness for full power operation by or before February 27, 1987."

Motion at 5.

(FOOTNOTE CONTINUED FROM PREVIOUS PAGE)

North Carolina Department of Crime Control and Public Safety, which represents the Governor in emergency management matters, advised the Staff in a letter dated September 29, 1986 that it supported the Applicants' exemption request. See Letter to II.R. Denton (NRC) from J.W. Dean (Secretary, North Carolina Department of Crime Control and Public Safety) dated September 29, 1986. Copy attached hereto as Attachment A .

3/

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A full participation exercise is currently scheduled for February, 1987. See Attachment A.

s .

On October 24, 1986 a fuel load and low power operating license was 1

issued for the IIarris Plant. As the Staff recently stated in a filing to the Commission, if low power operation activities are carried out without significant delay, t h t. plant would be ready for a full power operating license (permitting operation above 5% of _ rated power) in January, 1987. U The Staff is aware of no information at this time to indicate that the date would extend beyond January,1987', b Thus, it appears the Commission already is in possession of the Sta'ff's and Applicants' views of the probability of readiness for a full power: operation license prior to February 2", 1987 and further inquire as urged by the Attorney General is not warranted. According, the Attorney General's first request should be denied.

The Attorney General next urges that, unless Applicants demonstrate a reasonable possibility of being ready for full operating license by February 27, 1987, the Commission dismiss the request for an exemption as moot. Motion at 5,6. ' As stated above, it is both the Staff and the Applicant current opinions that there is a reasonable possibility of the Ilarris Plant being ready for a full operating license by no later than January,1987, which is earlier than the proposed February 27,1987 date for the next full participation exercise. The Attorney General's view to 4/

"NRC Staff's Response To The Commission's Order Dated September 12, 1986 On Fact Issues involved In Exemption Request Of Caroline Power And Light Company" (October 17, 1986) at 3.

5/

Applicants currently project readiness of the !!arris Plant for operation above 5% of rated power by late December, 1986.

" Applicants' Response To NCAO Motion To Dismiss Exemption Request As Moot" (November 3, 1986) (hereafter " A pplicant s' Response")

at 4.

s .

the contrary has no basis in fact. Rather, it appears to be based on his speculation that since Applicants have encountered delays in the past, they will encounter delays beyond February 27, 1987 in completing the low power operation activities which must be performed before readiness to receive a full power operating license permitting operation above 5% of rated power. In sum, the Attorney General's opinion that the Harris Plant will not be ready to go above 5% of rated power prior to February 27, 1987 is based solely on speculation. Such speculation is insufficient to support his request that the { requested exemption be dismissed. Accordingly, his second request should be denied.

III. CONCLUSION For the reasons set forth above, the Attorney General's Motion should be denied.

Respectfully submitted, i

Charles A. Barth Counsel for NRC Staff Dated at Bethesda, Maryland this 17th day of November,1986 j

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,' Attachment A k,;;h.

North Carolina Department of Crime Control and Public Safety Joseph W. Ikan.knxary Janx:s G. Manin, Governor 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 exemptionS E, from the requirements in 10 CFR Part 50, Appendix a l

IV.F.1. This regulation would require that full-participation exercise of the Harris emergency plan "be conducted within 1 year before the issuance of the l

operating license for full power and prior to' first operation above 55 of rated power."

l The North Carolina Department of Crime Control and l

Public Safety supports CP&L's request for a schedular Emergsney

'

• exemption. The Department's Division of Management (DEM) is the State agency with primary' responsibility for the development and implementation of emergency plans in support of fixedinitial nucleardecision facilities, to The Division was involved in the i

request an exemption and has planned its exercise schedule accordingly. .

j I

The Division of Emergency Management has worked closely with CP&L, the NRC, the Federal Emergency Management Agency, and the four affected counties to the Harris l

develop a comprehensive emergency plan for emergency Plant. The Division has conducted numerous planning exercises for nuclear power plants since 1980(some and has responded to many major non-nuclear emergencies I

of which have involved large-scale evacuations) in our i

1 512 N.Salistwry Smxt e P.O. Hon 27687

• Rilcigh, Nonh Camlins 2761176H7 e (919) 733 2126 Aa F*=UWF ' A'f'_*'"i A*'== Fa'rb'r

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. Mr. Harold R. Denton - ,

September 29, 1986

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Page 2 In May 1985, the Division of Emergency Management State.

other organizations involved conducted a very and the successful exercise of the Harris Plant emergency plan.

Both the FEMA evaluation and the Division's own internal review confirmed an overall statethen, Since of readiness the Division for offsite has planning and response.

provided additional training and other assistance to local to maintain that state of emergency workers in order readiness. for partial exercise A October 1986, with and local a

participation full participation is scheduled '28, The Department of exercise of scheduled for February:.1987 which represents the Crime Control and Public Safety, Governor in this matter, is confident that the level of indeed, emergency preparedness has been. maintained and, 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 scheduled for October is necessary in light of the previous exercise, the one of this year, and This scheduled for February, 1987 the full exercise Department will cooperate fully with any action you think best. ,

With very best wishes, I am Sincerely, l

W. p Joseph W. Dean l

JWD:ch 1

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DOLKETEP U5W UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'86 NOV 18 A10:48 BEFORE THE COMMISSION 4

CFFla DCCM.I ..

In the Matter of ) E'-

) .

CAROLINA POWER AND LIGHT

)

COMPANY AND NORTII CAROLINA ) Docket No. 50-400 OL EASTERN MUNICIPAL POWER ) '

f AGENCY )

) -

(Shearon Harris Nuclear Power Plant, )

Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO NORTH CAROLINA ATTORNEY GENERAL'S MOTION REGARDING APPLICANT'S REQUEST FOR EXEMPTION FROM PORTION OF 10 C.F.R. PART 50, APPENDIX E, 5 IV.F.1" in the above-captioned proceeding have been served on the following by deposit in the United States mail first class, or (*) through deposit in the Nuclear Regulatory Commission's internal mail system, this 17th day of November,1986:

James L. Kelley, Chairman

• _ Richard D. Wilson, M.D.

Administrative Judge 729 Hunter Street i

Atomic Safety and Licensing Board Apex, NC 27502 U.S. Nuclear Regulatory Cormission Washington, DC 20555 Mr. Glenn O. Bright

• Travis Payne, Esq.

Administrative Judge 723 W. Johnson Street Atomic Safety and Licensing Board P.O. Box 12643 U.S. Nuclear Regulatory Commission Raleigh, NC 27605 Washington, DC 20555 Dr. James H. Carpenter

• Dr. Linda Little Administrative Judge Governor's Waste Management Building Atomic Safety and Licensing Board 513 Albermarlo Building U.S. Nuclear Regulatory Commission 325 North Salisbury Street Washington, DC 20555 Raleigh, NC 27611 Daniel F. Read John Runkle, Esq. Executive Coordinator CHANGE Conservation Counsel of North Carolina P.O. Box 2151 307 Granville Rd. '

Raleigh, NC 27602 Chapel Illll, NC 27514 i

l II. Joseph Flynn, Esq.

Associate General Counsel Office of General Counsel FEMA 500 C Street, S.W. Rm 840 Washington, DC 20472

- Atomic Safety and Licensing Appeal Bradley W. Jones, Esq.

Board Panel

• Regional Counsel, USNRC, Region II U.S. Nuclear Regulatory Commission 101-Marietta St. , N.W. Suite 2900 Washington, DC 20555 Atlanta, GA 30323 Robert P. Gruber .

Executive Director Thomas A. Baxter, Esq.

Public Staff - NCUC John H. O'Neill, Jr. , Esq.

P.O. Box 991 Shaw, Pittman, Potts & Trowbridge Raleigh, NC 27602 2300 N Street, N.W.

Washington, DC 20037 Wells Eddleman Atomic Safety and Licensing Board 812 Yancy Street Panel

• Durham, NC 27701 U.S. Nuclear Regulatory Commission Washington, DC 20555 Richard E. Jones, Esq. H. A. Cole, Jr. , Esq.

Vice President and Senior Counsel Special Deputy Attorney General Carolina Power & Light Company P.O. Dox 629 411 Fayetteville Street Mall Raleigh, NC 27601 Raleigh, NC 27602 .

Samuel J. Chilk*

Docketing and Service Section* Secretary of the Commission Office of the Scretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555

. Charles A. Barth Counsel for NRC Staff

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Houston Lighting & Power Company ST-HL-AE-1803 File No.: G9.8 V Page 3 cc:

Hugh L. Thompson, Jr., Director 0. Backus/J. E. Malaski Division of PWR Licensing - A City of Austin Office of Nuclear Reactor Regulation P.O. Box 1086 U.S. Nuclear Regulatory Commission Austin, TX 78767 Washington, DC 20555 J. B. Poston/A. vonRosenberg Robert D. Martin City Public Service Board Regional Administrator, Region IV P.O. Box 1771 Nuclear Regulatory Commission San Antonio, TX 78296 611 Ryan Plaza Drive, Suite 1000 Arlington, TX 76011 Brian E. Berwick, Esquire Assistant Attorney General for N. Prasad Kadambi, Project Manager the State of Texas U.S. Nuclear Regulatory Commission P.O. Box 12548, Capitol Station 7920 Norfolk Avenue Austin, TX 78711 Bethesda, MD 20814 Lanny A. Sinkin Claude E. Johnson Christic Institute Senior Resident Inspector /STP 1324 North Capitol Street

.c/o U.S. Nuclear Regulatory Washington, D.C. 20002 Commission P.O. Box 910 Bay City, TX 77414 Oreste R. Pirfo, Esquire Hearing Attorney Office of the Executive Legal Director M.D. Schwarz, Jr., Esquire U.S. Nuclear Regulatory Commission Baker & Botts Washington, DC 20555 One Shell Plaza l Houston, TX 77002 Citizens for Equitable Utilities, Inc.

c/o Ms. Peggy Buchorn J.R. Newman, Esquire Route 1, Box 1684 Newman & Holtzinger, P.C. Brazoria, TX 77422 1615 L Street, N.W.

l Washington, DC 20036 l Docketing & Service Section Office of the Secretary Director, Office of Inspection U.S. Nuclear Regulatory Commission and Enforcement Washington, DC 20555 l

U.S. Nuclear Regulatory Commission (3 Copies) l Washington, DC 20555 l

Advisory Committee on Reactor Safeguards l T.V. Shockley/R.L. Range U.S. Nuclear Regulatory Commission

! Central Power & Light Company 1717 H Street

! P.O. Box 2121 Washington, DC 20555 l Corpus Christi, TX 78403 l

l Revised 10/09/86

Comparison of Staffing Requirements NUREG-0654 Normal Onshift Complement with Major Functional Area Table B-1 Onshift 30-min Assigned Emergency Response Roles Plant Operations and Shift Supervisor (SRO) 1 - Shift Supervisor 1 Assessment of Shift Foreman (SRO) 1 - Unit Supervisor 1 Operational Aspects Control Room Operators 2 -

Reactor Operators 2 (licensed)

Auxiliary Operators 2 - Plant Operators 2 (non-licensed)

I,' Emergency Direction Shift Technical Advisor, 1* - Shift Supervisor, 1*

I and Control (Emergency Shift Supervisor, etc. Plant Superintendent, Coordinator) Plant Manager, or V.P. Nuclear Plant Operations Notification / ~

1 1 Administrative Aide and 2 Communication Plant Operator Radiological Accident Senior Manager - -

RP Supervisor -

Assessment and Senior Health Physics Support of Operational Expertise -

1 Lead RP Technician 1 Accident Assessment Offsite Survey -

2 Senior RP Technician -

Onsite Survey -

1 RP Technicians 1 In-Plant Survey 1 1 RP Technicians 1 Rad / Chem Technicians 1 -

Chemistry Technicians 1 Plant System Engineering, Shift Technical Advisor 1 -

Shift Technical Advisor /

Repair and Corrective Core / Thermal Hydraulics -

1 Nuclear Engineer 1**

Actions Electrical - - Electrical Engineer -

Mechanical - - Mechanical Engineer -

Mechanical Maintenance / 1* -

Mecha*1 cal Maintenance 1*

Radwaste Operator Radwaste Operator -

Electrical Maintenance / 1* ,1 Electrical Maintenance 1* and 1 I & C Technician -

1 I & C Technician 1 Protective Actions l (In-Plant) HP Technicians 2* 2 RP Technicians 2*

Comparison of Staffing Requirements NUREC-0654 Normal Onshift Complement with Major Functional Area Table B-1 Onshift 30-min Assigned Emergency Response Roles Fire Fighting - - -

Fire Brigade per Technical Specifications -

First Aid -

2* -

First Aid 2*

l Site Access Control I

and Personnel Accountability Per Security Plan - -

Per Security Plan -

Total 10 11 15

• May be provided by shift personnel assigned other functions.

• • The STA is a nuclear engineer. A second nuclear engineer is provided within one hour.

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