ML20214D633

Forwards HR Denton to Lh Thornburg & JW Dean to Denton Re Util Pending Request for Exemption from Schedular Requirement in 10CFR50,App E,Section IV.F.1. Svc List Encl

ML20214D633
Person / Time
Site:	Harris
Issue date:	11/19/1986
From:	Baxter T CAROLINA POWER & LIGHT CO., NORTH CAROLINA MUNICIPAL POWER AGENCIES, SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
References
CON-#486-1622 OL, NUDOCS 8611240182
Download: ML20214D633 (7)

Text

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(202) 663-8090 November 19, 1986 1 Mr. Samuel J. Chilk Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 In the Matter of Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency (Shearon Harris Nuclear Power Plant)

Docket No. 50-4000C

Dear Mr. Chilk:

Ple:.se find enclosed, for the information of the Commission, a copy of a letter of November 4, 1986, from Mr. Harold R.

Denton, Director, Office of Nuclear Reactor Regulation, to Mr. Lacy H. Thornburg, Attorney General of North Carolina. hef-erenced in Mr. Denton's letter, and also enclosed here, is the September 29, 1986 letter to Mr. Denton from Mr. Joseph W. Dean, Secretary of the North Carolina Department of Crime Control and Public Safety.

Both l_etters discuss Carolina Power & LightCompany's[end-ing request for an exemption from the schedular requirement in Section IV.F.1, Appendix E to 10 C.F.R. Part 50.

Respectfully submitted, 8611240182 861119

{DR ADOCK 0500 0 T _ , ( 1 Thomas A. Baxter l Counsel for Applicants TAB:jah Enclosures I cc: Service List attached 303

UNITF9 STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

CAROLINA POWER & LIGHT COMPANY )

and NORTH CAROLINA EASTERN ) Docket No. 50-400 OL MUNICIPAL POWER AGENCY )

)

(Shearon Harris Nuclear Power )

Plant) )

SERVICE LIST ,

Chairman Lando W. Zech, Jr. Mr. Howard A. Wilber U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Appeal Daard U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Commissioner Thomas M. Roberts U.S. Nuclear Regulatory Commission James L. Kelley, Esquire Washington, D.C. 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Commissioner James K. Asselstine U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Glenn O. Bright Atomic Safety and Licensing Board Commissioner Frederick M. Bernthal U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. James H. Carpenter Atomic Safety and Licensing Board Commissioner Kenneth M. Carr U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Thomas S. Moore, Esquire Charles A. Barth, Esquire Chairman Janice E. Moore, Esquire Atomic Safety and Licensing Of fice of the General Counsel Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 e

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Decketing and Service Section Dr. Richard D. Wilson l Office of the Secretary 729 Hunter Street U.S. Nuclear Regulatory Commission Apex, North Carolina 27502 Washington, D.C. 20555 Mr. Wells Eddleman l Mr. Daniel F. Read, President 812 Yancey Street CHANGE Durham, North Carolina 27701 P.O. Box 2151 Raleigh, North Carolina 27602 Richard E. Jones, Esquire Vice President and Senior Counsel Bradley W. Jones, Esquire Carolina Power & Light Company U.S. Nuclear Regulatory Commission P.O. Box 1551 Region II Raleigh, North Cerolina 27602 101 Marrietta Street Atlanta, Georgia 30303 Dr. Linda W. Little Governor's Waste Management Board Mr. Robert P. Gruber 513 Albemarle Building Executive Director 325 North Salisbury Street Public Staff - NCUC Raleigh, North Carolina 27611 P. O. Box 29520 Raleigh, North Carolina 27262-0520 H. A. Cole, Jr., Esquire '+

Special Deputy Attorney General John D. Runkle, Esquire 200 New Bern Avenue Conservation Council of Raleigh, North Carolina 27601 North Carolina 307 Granville Road Joseph Flynn, Esquire Chapel Hill, North Carolina 27514 Federal Emergency Management Agency 500 C Street, S.W.,

M. Travis Payne, Esquire Washington, D.C. 20740 Edelstein and Payne i P.O. Box 12607 Raleigh, North Carolina 27605

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1. UNITED STATE 8

%~ 1. NUCLEAR REGULATORY COMMISSION memNGTON, D. C. 3ette

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% o,[. November 4,1986 Mr. Lacy H. Thornburg -

Attorney General Department of Justice State of North Carolina Post Office Box 629 Raleigh, North Carolina 27602-0629

Dear Mr. Thornburg:

I am pleased to respond to your letter dated September 9, 1986, in which you express your opposition to Carolina Power and Light's (CPal.) request for an exemption from the reoutrements of 10 CFR 50, Appendix E, Section IV.F.1.

I would also like to acknowledge receipt of your " Motion Regarding Applicants' ,

Request for Exemption from Portion of 10 C.F.R. Part 50, Appendix E, IV.F.1,"

which you filed on October 28, 1986. This motion expressing your views is now before the Comission for their consideration. The Commission is also being provided with copies of your September 9,1985 letter and this response.

Furthermore, as you are probably aware, a low power license was issued to CPai. on October 24, 1986 authorizing the operation and testing of the Shearon Harris Nuclear Power Plant at up to but not to exceed 5 percent of rated core power. A full power license will require the successful completion of these low power tests and approval by the NRC Comissioners.

Your September 9,1986 letter urges that CP&L's exemption reouest from 10 CFR 50, Appendix E, Section IV.F.1 be denied on the basis that although there was a full participation exercise conducted in May 1985, "significant modifications to the Plan have either been made or planned," and that " extensive residential and comercial development within and immediately without the EPZ has occurred."

In addition, you also note that the level of public concern over the Shearon Harris Nuclear Power Plant has risen since the Chernoby1 incident.

In response to your concern regarding CP4L's exemption request from 10 CFR 50, this reouest is currently under review by the Comission. However, before the Comission grants an exemption it must be in accordance with 10 CFR 50.12(a),

t:hich requires that the exemption be authorized by law, not present an undue risk to public health and safety, and be consistent with the comen de'ense and security. -

Concerning the extensive residential and comercial development that has occurred around the Shearon Harris Nuclear Power Plant, there have been ongoing training and development programs, involving state and local organizations with assistance by CP&L, to helo maintain adequate and up-to-date emergency preparedness since the May 1985 exercise.

Regarding the increased public concern over the operation of nuclear power plants since the Chernobyl incident, the NRC staff is evaluating the Chernobyl incident and its impact on U.S. comercial nuclear plants. Presently, nothing has been identified which provides a basis for the NRC to take regulatory action with respect to any of the U.S. facilities. ,

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- 2- November 4,1986 Mr. Lacy H. Thornburg In addition, by letter dated September 29, 1986 Mr. Joseph W. Dean of the North Carolina Department of Crime Control and Public Safety, stated that the Department is " confident that the level of emergency preparedness has been maintained and.... enhanced since the May 1985 exercise." Further, Mr. Dean states that "the Department of Crime Control and Public Safety does not believe that yet another full-participation exercise prior to operation of the Harris Plant is necessary in light of the previous exercise, the one scheduled for October of this year, and the full exercise scheduled for February,1987."

In closing. I appreciate you bringing to my attention your concerns regarding the Shearon Harris Nuclear Power plant. I hope that the above discussion has been responsive to your concerns.

Sincerely. '-

ORIGINAL SIGNED BY:

FRANK SCHRCEDER/for Harold R. Denton, Direc. tor Office of Nuclear Reactor Regulation amb

____m, ___ . , . -.._. ,- .___ __ ____ _- , _ _

. :.?:.~ y j f r i , *s i

h North Carolina Depamnent of Crime Control and Public Safety Jowph W. Ihn,krmry Janus G. Martin, Governor f

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September 29, 1986 i

i

! Mr. Harold R. Denton, Director i

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 CP&L to operate further requested the Shearon that the Harris U. S..

Nuclear Power Plant.

~ Nuclear Regulatory Commission grant a schedular exemption Appendix E, S from the requirements in 10 CFR Part 50, that a IV.F.1. This regulation would require j full-participation exercise of the Harris emergency plan "be conducted within 1 year be fore the issuance of the and prior to operating license for full power first operation above 5% of rated power."

' The North Carolina Department of Crime Control a schedular and request for Public Safety supports CP & L '.s Emergency exemption. The. Department's Division of primary Management (DEM) is the State agency with respcnsibility for the development and implementation of emergency plans in supportin ofthe fixedinitial nucleardecision facilities. to The Division was involved i

request an exemption and has planned its exercise schedule

' accordingly. .

Management has worked i

The Division of Emergency Federal Emergency l

with CP&L, the NRC, the

. closely affected counties to Management Agency, and the four plan for the Harris develop a comprehensive emergency numerous emergency The Division has conducted I

since 1980(some and

' Plant.

planning exercises for nuclear power plants has responded to many major non-nuclear emergencies of which have involved large-scale evacuations) in our 919) 733 2126

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Canalins 27611 7eN7 e (

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Mr. Harold R. Denton 1

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September 29, 1986 Page 2 -

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State. In May 1985, the Division of Emergency Management l and the other organizations involved conducted a very i successful exercise of the Harris Plant emergency plan. 1 Both the FEMA evaluation and the Division's own internal  !'

review confirmed an overall state of readiness for offsite planning and response. Since then, the Division has 1 provided additional training and other assistance to local emergency workers in order to maintain that state of readiness. A partial exercise with local participation is scheduled for October 28, 1986, and a full participation exercise of scheduled for February 1987 The Department of .

Crime Control and Public Safety, which represents the Governor in this matter, is confident that the level of emergency preparedness has been maintained and, indeed, , l

enhanced since the May 1985 exercise.

l In view of these considerations, the Department of l Crime Control and Public Safety does not believe that yet  ;

another full-participation exercise prior to operation of

• i the Harris Plant is necessary in light of the previous exercise, the one scheduled for October of this year, and 1 the full exercise scheduled for February, 1987. This Department will cooperate fully with any action you think l best. '

i With very best wishes, I as l

Sincerely,  ;

l W.

l 'y Joseph W. Dean l 1

I JWD:ch I

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