ML20214C929

Response to Summary Disposition on Contentions EPX-2 & 8 Re Emergency Communications & Emergency Broadcast Sys, Respectively.Burden of Proof for Contentions Placed on Applicants.Certificate of Svc Encl

ML20214C929
Person / Time
Site:	Harris
Issue date:	02/18/1986
From:	Eddleman W EDDLEMAN, W.
To:	Bright G, Carpenter J, Kelley J Atomic Safety and Licensing Board Panel
References
CON-#186-129 82-468-01-OL, 82-468-1-OL, OL, NUDOCS 8602210333
Download: ML20214C929 (13)

Text

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UNITED STATES OF AMERICA g rg g NUCLEAR REGULATOBY COMMISSION N FEB 20 luo:11 BEFORE THE A'IOMIC SAFETY AND LICENS3NSRBOABD r z ,,

Glenn O. Eright " g ? W.

Dr. James H. Carpenter '

James L. Kelley, Chairman In the Matter of CAROLINA POWER AND LIGHT CO. et al. )

(Shearon Harris Nuclear Power Plant, )

Unit 1) ) ASLBP No. 82-It68-01

) OL Wells Eddleman's Resnonse to Sunnary Dienosition on Contenttons EPX-2 (Energency Con =unicat? ons)

• AND, , ,

oE[n*"fE rec"oh.sk*derr[tN*r of rejection of E?%-5 This 9esponse is filed under extensicns of time apnroved by the .c tnff and - RBl. -- - by Anr11aants (snecifically, their counsel Delissa Ridgeway said they had to objection if this were nailed the 17th, that being a Federal Holiday. I exnlained to her that I would do my best and if I could not mail it the 17th I would call he".

She ha d indicated she would be in her office the 17th and I did call o

n the 17th when it became amparent I would not get it filed tne 17th.

6 She was not in and I lef t a message Explaining wha t was coing on. She n

S has not returned ny call yet (this is 2: 30 p.m. 2-18) although that Lra Q:d:

may be due to General Telephone (my local phone co.$. ~ So Anulicants

$g appear to be objecting to this extention. ) I resnectfully state that n

En: I have made ny best efforts to get this filing in early, but could rot,

$$o and ask the Licensing Board to accept this filing as timely.

Please note that filed herewith, ner Bosed Ovier scheduline the hearings on Contentien 57-C-3, are my cross-examination documents on Tone-Alert Radios. Other XE documents will be filed the Plat.

The Tone-Alert documents will go (3x) to N9C Docketing and Service too.

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Statement of Facts in controversy on E?X 2 and 8: First, all of the things that are promises to connly are inadequete, as a matter of law. ALAB 788, 20 NRC 1531, holds that "even for rela tively ninor matter 5t thehr$Nisdtocomplyisnotenough.

t The f ac t tha t CP&L knd the state of NC and other emergency preparedness agencies had already promised to conoly with 10 CFP 50.h7(a0 and (b)and NURFG-065h before the exercise, and then evidently did not $n rennects of comituni-cations and EBS use is reason to doubt futuve compliance (Cf. AIA3-768, 1531 or 20 NRC (?), "LILCO's past lack of diligence in correcting" defects is basis to not accent promises to conoly.

2. 10 CPR 50.h7(a)(2) requires N90 to base its decision on a review 1h37 of" FEMA findings and determinations ..." UCS V. NRC, 735 F. 2d 1B37, establishes a right to a hearing on deficiencies in energency prepared-ness exercises, 735 F. 2d at 1h37 (itens 1,3,4,5,6) and 1h3B "We find that because the rule denies a right to a hearing on a naterial factor relied upon by the Connission in naking its licensing decisions, the rule

... nust be vacated".

However, conversations with PEMA officials ner the Board's oral order of 5 February 1986 reveals that PEMA has made no fornal review or findings on any of the corrective actions pronosed by the State of North Carolina (further, the nronosed corrective actions, letter of 11-26-85 does not address a number of the ne tters covered in EPX-2.

Both Jack Glover of FEMA, 2-13-86 nhone call, and Cheryl Stovall and others, 2-11-86, admitted that FEMA has made no formal review or findinEs concerning the uroposed corrective actions, and further that some corrective actions, e.g. for EBS (Glover) were not even scheduled to be completed until 3-15-86 (EPX-8 is the EBS nroblems ) and that FEMA has not looked at itens such as the 155.280 MHz connon energency frequency (Stovall, 2-11-86) and has not reviewed the implementation of any of the corrections, changes in procedures, changes in training etc. FEMA officials

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implementation of these things until the next exercise (now set for May 1987 but nay have to have another one or account of rules if no (2-11-86 phone call) @%rd '? H%k,#

license issued by 5-86). Anong the things FFMA has nothing on are:

dedicated nhone lines installation, EBS activation crocedures, instan a-tion of dedicated ringdown systen, changes in training,rx2 new 333 and related crocedures, and " definite details of the kind of equinnent or the systen that will be utilized" for the EBS (Cheryl Stovall 2-11 A6).

Further,Mr. Heard ( ?) said 2-11-86 that FEMA had "not got in any form,

, a notice from the State (of NC ) that 'we are finished with cor-octive actions and ready for you to evaluate then' ." FF"A 's entire sunnary discosition notion and affidavits aopear to rest on FEMA's lack of knowledge of sone of the eroblens and FEMA 's lack of knowledge to deny various of Auplicants' assertions. As to the corrective actions, F73A A by their own statenents have nothing in hand. Mr. Roch11s, FEMA couns&l, said 2-11-86 " FEMA knows nothing beyond what is in CP&L's sunnary dis-nosition affidavits." Further, FFFA has not testad the canability of any of the chone systens described in Aoplicants' notions and arridavits for sunnary disoosition (C. Stovall 2-11-86) and' FE"A ha s not reviewed the revised procedures, train' ng nrogran, new equinnent, or " table ton exercise" for the EBS (all Mr. Heard, 2-11-86) Cf. Anos ' Motion for sunr.ary disposition, p.1h Further, FEMA has not reviewed nor received any new draft EBS nessages (E"X-8 S. Dise notion at 17) (C Stovall 2411-86 I she also said, cf. p.10 and"no new procedures for generating EBS messages have come to PFN1 yet" FEMA has not received any information on imolenentation of EDX-? correctivc actions nor reviewed yet, FEMA findings ,it10 (C. StovEu CFo 2-11-86) 50.117 doesn' t allow a ruling.

Without 3 It is well established in N9C case law that a "pronise to comply is not enough" even for relatively "ninor na tters" LILCn, ALAB-788 i $88, 20 NRC 1531. Thus any promises to conoly are not usable to avoid hearing or even to sustain a decielen favorable to Anplicants l afte= a hearirg.

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In additting these cententiens, the Licensing Soard further found that they were not "ninor natters", but could " involve a fundanental flaw" in planning. (L3P 85-h9, 12-11-85, at 18)

Note that this " fundamental flaw" standard has evidentiv neve" been adonted by the Nuclear leEula tory Conmission (id. a t 17, centinuw tion of Pn. 1 from n.16), but war used ir decidtrr theca contentions.

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(For the 3 card's information, FEMA - C. Stovall, ?-11-86,- confi"ned a delay in siren sounding from receint of site energency declaration

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at 1h50 hours (5-17 A5) until 1537 heurs , a delav of h7 ninutes. This is newly received information on which I resnectfully request the Boadd reconsider its denial of adnission of contention EDX-5, id. at 22)

Thus it is clear that on these matters, even if Aorlicants ' statements of cronises to comply were accurate as to the nronises, the Boa-d could not accept then even on natters far nore ninor than energency response connunications and coordiration, and EBS use, even after a hearing. Obviously they cannot suffice on sunnary disnesttion, as Moreover, these are nronises they are tronises to concly.which 7EXA has not fornally "avicued nor has PEMA conducted evaluation of the corrective action, which FEMA acknowledges would have to be in an exercise fo" the cornective sctions that awe involved in the " play" or exercise itself. That's exactly where these deficiencies are found.

h. Rixxkly I declare that the burden of proof is on the Anplicants and nay not be reversed no matter what sophistry or pror*ses they may provide, nor what lacks of knowledgex FEVA nay have so that it files affidavits failing to dispute Annlicants ( unle s s FE"A ha s fo rnally "eviewed the corrective action and nade findings , which nurt be based on innlenentation of the corrective a ction in the exercise.

5 Finally I note that Anplicants' sudnary disnosition f' lings on E?X 2 appear to utterly fail to addrecs the " effective intercornection and coordination among units" (L3P 85-h9 at 18) cited in admitting EPX-2.

Respectfully, 2-18-86 g g { g g , Wells Eddlensn

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UNITED STATES OF AMERICA ,

NUCLIAR REGULATORY C0!ESION 00tKE30 In the matter of CAROLIKA POWER k LIGHT CO. Et;&l. ) Docket 50-h00 Shearon Harris Nuclear Power Plant, Unit 1* ) . O.L.

,,a ii I CEBTIFICATEOF SERV!CE "

g  % g y &NO@Q gg ,

sj - na QNm I hereby certify that copies of Wells T'#41ena_n's. Response to Suncarf '

Disposition on EPX-2 and 8, and (to AunlicMN5Y5oird and StafWon1v) n ., A m vs nm a n _%-< nu4 e  %, A ,, m _ , ,. a mu__

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T HAVE been served this 16 day o[e Alert Pewu mRad?.1361 , by deposit in 3x the US W il, first-class postage prepaid, upon all parties whose names are listed below, except those whose names are erked with an asterisk, for whom service was accomplished by JudEes James Kelley, Glenn Bright and Janas Carpenter (1 cemy each)

Atomic Safety and Licensing Board & their Law Clerk

• sane US Nuclear Regulatory Commission address Washington DC 20555 Al Cole, Karen Long o-Thomas A. Baxter or y gnne Sanford George F. Trowbridge (attorney for Aoplicants) Nq tttornev General's Shaw, Pittman, Potts & Trowbridge -

Office 1600 M St. NW Mx,62a Washington, DC 20036

'RaI61cn !r 276C2 Office of the Executive Legal Director C Spence . Arry Attn Docke ts 50-ko0A010.L.

USNRC r8/gd FMA 500 C st.

doom o40 sW Y*;1 Washington DC 20555 Washington DC 207h0 Dan Read Docketing and Service Section (3x)

CNAMGE MLP 3ox 2151 Attn Docke ts 50-k00/hC1 0.L.

Office of the Secretary Waleigh, NC 2760h2 USNRC Dr. Linda W. Little dashington DC 20555 (r plan only) covernor's Waste Mst. Bd.

Steve Rochlis 513 Albenarle 33 dg.

John Runkle FEMA, suite 700 325 17. Sal' aburv St.

CCNC j

Peachtree St. NE Mal.ngn, NO 27611 307 Granville Rd 1371 Chapel Hill Ne 2751E / Atlanta GA 30309 aradie7 W. Jones Robert Gruber DSURC Region 11 *

~Travi s Payne Exec. Director 101 Marietta St.

Edelstein & Payne Public Staff Atlanta GA 30303 Dnex 1260'] Box 991 Raleigh NC 27605 Raleigh NC 27602 Richard Wilson, M.D. Certified by 84 h 729 Hunter St.

Apex NC 27502

50- 400 %

lNC U<4 l+ led ye-WIW D oc % 2494g o E 54-N D% u M T Mfd 2-2 % f, Nuclear information and Resource Service 1616 P Street, N.W., Suite 160, Washington, D.C. 20036 (202) 328-0002 February 13, 1986 Wells Eddleman 806 Parker Street Durham, NC 27701 Wells:

I haven't been able to reach you by phone, so thought I would go ahead and send what I have. I'll try to call again though.

Tone Alerts A lot of plants seem to use tone alert radios to warn institutions (schools, hospitals, etc.) in the event of an emergency. Salem did use them for complete notification, but is now in the process of installing sirens. I talked to Craig James at Salem. He said the reason for the switch was the immense amount of paperwork the radios engendered, and not that they didn't work. Apparently, the NRC requires that the utility know where every radio is at all time, and keep track of all population changes, so people moving out give back their radios, and people moving in get a radio immediately. Salem is still offering the radios free to anyone who wants one, as long as the supply lasts, but is not considering them a part of its official plan anymore. Salem will still use them for institutions.

A couple of things to watch out for with radios: are they battery-powered? They must be for power outages. Is the utility committed to yearly maintenance and batter checks? Some places have reported problems with them going off haphazardly, causing people to turn them off. Still, it seems that if CP&L wants to put up with the paperwork, they might not be a terrible idea.

Telephones I've called all over trying to find a telephone that can dial many numbers simultaneously--it just doesn't seem to exist.

Enclosed is some info on the most sophisticated autodialers I've been able to find. It calls a number, waits six rings, then' calls another. Up to 32,000 numbers can be preprogrammed in. The advanced model can give one of 30 messages. Incoming callers can hear up to 99 messages. The problem with the concept is speed.

Even when most callers are home and pick up the phone quickly, and hear a very short message, it's still not possible to do more than about 100 calls an hour, and usually it's less. 60 per hour is considered very good in the business (of course, since it's normally used for sales, the messages are longer than a simple emergency alert would be). Still, they're not all that expensive

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($2,000 to $5,000), so it would be conceivable for CP&L to buy several of them. They could be useful as an auxiliary warning system, particularly at night. I've enclosed some info on a drill done at Westchester County, in which similar machines (Telsol) were used, in an attempt to reach children's parents. Note two things: the large number of people not home during daytime (cutting telephone warning's effectiveness during the day) and the fact that the Telsol requires operators, and seems to work a little faster than the Microlog. Unfortunately, I've been unsuccessful at reaching Westchester County, nor have I found anyone who has heard of a Telsol machine, so I can't give you any more info on it. Maybe you can try calling the county.

I talked to JoAnne Sanford recently and told her some of this stuff; I hadn't talked to Salem yet then.

Hope this helps. Talk to you soon.

Michael Mariotte 0 * * ,

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ALERT RADIO ALERT TONE SOUND LEVELS JANUARY 11, 1986 DISTANCE TONE dB[1 COMMENT HOUSE A 2' High 92 Living room radio positioned on Low 88 coffee table, meter on same elevation as radio 7' High 85 Bedrecm, radio positioned on drea:er, meter 2't lover positioned on bed.

12' High 81 Meter in bedroom doorway. Radio Low 77 positioned on dresser no obstructions between.

20' High 78 Meter in hallway outside Low 74 bedroom. Radio positioned on dresser, no obstructions between.

20' High 61 Same locations as above, solid Low 37 pine door closed between meter and radio.

40' High 58 Meter in kitchen on counter, Low 55 several walls between meter and radio, but all doors open.

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DISTANCE TONE dB M COMMENT HOUSE B 2' High 91 Radio on counter in kLtchen Low 88 15' High 79 Radio on counter in kitchen, meter in doorway between kitchen and living room. No obstructions between. I 20' High 76 Radio on counter in kitchen, meter Low 72 in living room, partial obstruction by wall.

55' High 56 Radio on counter in kitchen, meter Low 54 in bedroom, several walls between meter and radio, all doors open.

55' High 50 Radio in kitchen, meter in Low 43 bedroom. Doors closed.

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RADIO RECEPTION TEST 5 MILE RADIUS SHNPP 11 AM - 2 PM JANUARY 7, 1986 ,

9 PM - 12 PM JANUARY 13, 1986 LOCATION FREQUENCY uV PER METER COMMENTS Day Night Oscar Horner Residence 162.550 4.0 N/A near Merry Oaks 162.475 1.5 N/A 162.475 transmitter on emergency low power during day reading Siren #15 162.550 4.0 11.5 162.475 1.5 5.0 Low power transmitter during day reading Siren #27 162.550 4.5 11.0 162.475 2.0 5.0 Cross' Point Residence No 3 prong outlet, radio picked up well on both frequencies H. Cross Residence 162.550 1.8 N/A on NC 42, approxi=ately 162.475~ 2.5 N/A 1/2 mile east of Corinth Siren #55 162.550 18.0 45.0 162.475 25.0 45.0 Siren #51 162.550 7.5 45.0 162.475 2.8 5.0 Evans Grocery 162.550 90 N/A 162.475 2.0 N/A Siren #25 162.550 4.0 45.0 162.475 2.3 3.0 I

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