View source for IA-89-100, Advises That Aslab Affirms Determination That Feb 1986 Exercise of Emergency Plan Insufficient in Scope

{{Adams
| number = ML20247Q894
| issue date = 09/27/1988
| title = Advises That Aslab Affirms Determination That Feb 1986 Exercise of Emergency Plan Insufficient in Scope
| author name = Scinto J
| author affiliation = NRC OFFICE OF THE GENERAL COUNSEL (OGC)
| addressee name = Murley T
| addressee affiliation = NRC OFFICE OF NUCLEAR REACTOR REGULATION (NRR)
| docket = 05000322
| license number = 
| contact person = 
| case reference number = FOIA-89-100
| document report number = ALAB-900, NUDOCS 8904070217
| package number = ML20245D636
| document type = INTERNAL OR EXTERNAL MEMORANDUM, MEMORANDUMS-CORRESPONDENCE
| page count = 6
}}

=Text=
{{#Wiki_filter:_ - - -
 '     /                 o UNITED STATES 87      .,.(
                      ' ' go NUCLEAR REGULATORY COMMISSION f
              "                                  WASHINGTON, D. C. 20555
+
x *..y' 2.*                                          September 27, 1988 Docket No 50-322
                                                          .  : ,, .      , ..: u + ; . % ., c.     %qt.;
MEMCRANDUH FOR:            Thomas Murley, Director Nuclear React'r Regulation                           "
FROM:                      Joseph F. Scinto        .
Acting Assistant General Counsel for Hearings           ~         ~t       -           -'    .
SimJECT:                   SH0REHAP;  APPEAL ' BOARD 'A'F FIPy.S* DETERMINATION THAI THE FEBRUAP,Y 1986 EXERCISE OF LILCO'S EMERGENCY PLAN WAS INSUFFICIENT IN SCOPE (ALAB-900)
        ' In' ALAB-900, issued September P0, 1988, the Appeal Board affirned the determination by the Licensing Board in LBP-87-32 that the February 1986 exercise of LILCO's emergency plan was not sufficient in scope to comply with the Cornission's regulatory requirements. At the outset, the Appeal Board found that the design or scope of an exercise is an appropriate subject for litigation because it is gcverned by regulation in 10 C.F.R Part 50, Appendix E, 6 IV.F.1 and is r,aterial to a licensing decision.
The Appeal Board stated that 10 C.F.R. Pert 50, Appendix E, 6 IV.F.1.
requires thit there be a " full participation" exercise before plant licensing which tests ''the major observable pertions" of the offsite ar.d onsite plens and met.ilizes sufficient numbers of personnel and resources to verify an                                    -
          " integrated capability" to respond to the accident scenario being tested.
This exercise must be one that tests as many elements of the plan as are reasonably achieva5le without mandatory public participation. The Appeal                                     _
Board further stated that when 6n applicant claims it cannot test an element of an erergency plan which does not require public participation, the applicant riust demonstrate that the natter is not significant or that other justification for licensing exists under 10 C.F.R..b50.47(c)(1). sin'all; instances, the burden of proof is on the applicant to show that an exercise -
is of sufficient scope to be considered a " full participation exercise",which tests all
* major observable portions" of,the emergency' plan.                 m       u         d, For the purpose of assessing the scope of an exercisI'IIbe Appeal Board ruled that prior practices of FEMA and the NRC are notMeterminative31ncetthef::                                 -    '
scope of an exercise must be judged according to the regulatory requirements N This point was made in connection with FEMA guidance that suggests sthat the ,
vrrious elements of the plan may be tssted over4alsik-year phriod.VThel Appeal Board concluded that the regulation requires all "the' major observable''
portions' of the plan to be tested in the relicensing exercise. The Appeal Ecard also ruled that it is innaterial whether FEMA labels an item as a                                 <
g.3 4
1             l 8904070217 890406                                                                            W, PDR FOIA BELAIRB9-100     PDR                                                                - I
                                                                                                                            . u

                        .       e    8      .    .
                                     " deficiency" or characterizes it of lesser significance since the burden still remains on an applicant to show that an exercise was of sufficient scope and that a failure or omission was not of substantial importance.
Applying the regulatory standard, the Appeal Board addressed the four aspects of the Shorehan emergency plan that the Licensing Board found were not tested despite the fact that they were reasonably achievable:                                                                     ,
: 1. In regard to transmission of an EBS message to WALK Radio and authentication of that message, the Appeal . Board reversed the Licensing Board. Noting that actual broadcast of the message was not reasonably achievable due to state and local laws, it found that contact with the station was not a major observable element which must be tested.                                                                                       ..
: 2. In regard to participation by additional school districts in the exercise, the Appeal Board affimed that the Licensing Board because LILCO had failed to demonstrate that cooperation by more than one district could not be reasonably obtained.                                                                                                                             ,
: 3. In regard to implementation of protective actions in the ingestion exposure pathway in Connecticut and New York, the Appeal Board concurred with the Licensing Board that these actions had to be tested as they were a " major observable portion" of a plan regardless of whether they were part of any prior exercise.
: 4. In regard to coordination and communication between LERO and special facilities, including ambulance companies, the Appeal Board agreed that contact with only two or three such facilities during the exercise was insufficient to                                                                                          4 demonstrate LILCO's capability to perfom this " major observable portion" of the plan.
y                                                                                                 46 osep    . -di c ng Assistant General Counsel to                                           , gY for Hearings                                                                     t         . :/4 R:     ef; Attachment as stated cc: James P. Murray, OGC                                                                  "MO'                          +-   Eid                               #
f Victor Stello, EDO                                                                                                                                P             l
                                                                                                                                                ., c ue ,-    .-r 1.oftj                     i     pn .
                                                                                                                                                                    ..                      ~            . ,
k kh
                                                                                                                                                                                                   ; 96 -
                                                                                                                                                                                                    '*ll e

1 1
Deal to keep Shoreham plant closed may die By ROBERT BELLAF10RE              after that vote.                    an operationalShoreham.
Associated Press Writer            "The Legis'_Nre has an oppor-      However, the Power Authority tunity now to declare itself,"      billhas been blocked by keylegis-ALBANY, N.Y. (AP) - Gov.           Cuomo told reporters on a flight    lators from lang Island who feel Mario Cuomo said Thursday that'      Thursday evening from Roches-       the agreemont is too generous the Legislature's refusal to return  ter. "If they want the agreement    towards LILCO and too costly to-to Albany to vote on his proposed     to die and the plant to open, they  wards ratepayers, deal to close the Shoreham nu-       just won't come back. That's all       For his part, Cuorno maintains clear power plant would amount        right, that's the same as voting."  that without the deal, LILCO will to a "no" vote on the agreement.         "If they say they're not coming  receive rate incrases of 100 per-The agreement, which would        back to approve the agreement.                                               1 cent or ao over te next 10 years close the 55.3 billion plant but     that's the same as disapproving of   and the safety of leng Island's 2.7 assure lAng Island Lighting Co.      It and you can open the plant,"
rate increases of some 63 percent million residents will be endan-Cuomo said. "I will do everything    gered by a posalble nuclear acci-over the next decade Ls scheduled    I can to get them back before the    dent at Shoreham.
to expire on Nov.18.                 18th. What choice is there?"
The state Legislature, which         But even if Cuomo calls the         Charles Dumas, spokestran for has refused to approve a crucial     Legislature back, he cannot crder   state Senate Republican Majority portion of the deal, doesn't plan to it to vote on the deal. The portion Leader Warren Anderson, said return to the state Capitol until    that Cuomo maintains requires       that the Senate had no plans to the last week in November or         legislative approval would allow    return to Albany any earlier than early December. Shareholders         the state Power Authority to build  late November but that Anderson are expected to approve the deal     norsiuclear generating plants on    would consider changing that at a special meeting Nov. 4 and      Long Island to replace the energy   schedule if circumstances re-the deal will expire two weeks       that would have been produced by    quired.
                                                                                                           +[ } .
J

1 l
M""d l
l
                                                                                                                                         .f UI MMMM                                              W *"
* n               n OVER SH0REHLM He Threatens to Call Session of 1.egislature to force                                                                                                 :
Vote Before'Nov,18
                                                                                    ,,He suii i.oids a po.,i on, m ..,
event," Mr. Dumas continued, "that the Assembly must act first because BI DENNIS HE7ESI .                                   It's their governor who drew up this                          j
         ,                                                                       agreement and he did so with his com-Governor Cuomo has asked the lead.
ers of the State Legislature to call their                        missioners and with the company,
         <     members back to Albany to approve                                 without consulting any Republicans."
the closing of the Shoreham nuclear                                  in a statement.the Speaker of the As-power plant or, he said, he will call a                       '
sembly, Mel Miller, said, "Our plans special session himself.                                          are open. We are prepared to come In a letter sent over the weekend, the                       back any time." If the Governor calls a Governor said, "I will be calling you                            special session, legislamrs am m-within the next several days to confer                           W to return, on a date to assure the Legislature's re.                                    Too Genemens to Ulco turn prior to Nov.18." He added that if                       I      Mr. Miller has been supportive of the an agreement cannot be reached, "I                               settlement. In the past,he has said that will have no choice but to call a special                        he would be guided by a majority of the session."                                                    j   Democratic Assemblymen from long Unless the 1.egislature acts by Nov.                         Island. But be recently has indicated 18, the Long Island ;.ighting Company                           that he would press for approvat Four could pull out of its agreement to aban-                         Assembly Derr.7 tats from 1Ang Is-don the $5A bilhon nuc) car power plant                          land oppose 4fw seidement, arguing -
in return for a series of hnancial inoen-                        that it is too generous to Ulco and will uves. According to the agreement, ne-                            cost customers too mucit                    .
gotiated by the Governor, the plan                                   Mr. Anderson has said that,in addi-must be approved by the Legislatur*                       t     tion to waitir.g for the Assembly to act, two weeks after the utility's sharehold-                        he would be guided by the Senate's ers vote on the proposal on Nov.4.                        I     Long Island delegation. All nine Sena-Although Lilco completed Shoreham                           tors from Long Island are Republican, in 1965, it has been unable to win a full-                     and all oppose the agreement.
er operating Ilcense for the plant                   .       At the same time, some legislators use of difhculues with ernergency                  i    have said that Lilco is so eager to have pl&nning.                                                      the deal approved that it would be will-A imag-Awaited Report                         l On Friday Ulco requested Federal                      j     %,,g.,"to N'            extend the deadline.
certain not going to let t approval to operate the plant at 25 per-cent of full power.The request came a                          agreement die because they don't want week after the Nuclear Regulatory                              to come back." He said legislators ep-Commission's staff, in a long awalted .                        posed 2
* ph shouW not be alW to avoid a vate.
report, said it could find no reason why )
: r.                     In a ress release about theletters to
               ,ate shorcham      couldofnot at 25 percent        be allowed power. The N to y. .C.
* stature's bdem Gie Gover-ems                  nor's fice aeW ''While #te settle-staff    said Lincohadinstalled n'id procedures"     that could a gl the                      ment is being considered, Ulco has punt tooperate safely at thatlevel,                            agM mot to operate Suomham m-Garles Dumas,a spokesman for the                           hardless      of any authorization       by pro-the Senate majority leader, Warren M. An-                            uclear Regulatory         Commission,                          l derson, yesterday said ,
* Senator An-                        vided the actuement becomes eGective
: derson says be is not changi             Pl an,                                                      ertad." '
within    the prescribed Merday,a                Wman timep$sr die N which is ta call the Senate              into
                                                                         ''    etnor, Thomas Canroy, said: "Its sesssion on Nov. 29 or 30, to handle any Governor has led the way, but he's not
             ' g198g business that remains froin an emperor,The in session.                                                                        islature has to act.
                                                ~.                        ,    He cannot pass a ghimaet.",,I                   -
: o.               .    -
l y
                                                                                                                                            )f

   -~
Dcc ez >ee isize WW 'Re mM                               .
                                                       .         f                        P.? . P. 2 "l$$.%%N                                                                                             ,
Micksville, New York... December 2, 1988                                                  .
LILc0 Chairman and chief Executive Officer William J.
cataoosinos announced that the cornpany's board of directors met following yesterday's decision by the New York State The todayiaturenottoactontheshorehamsettlementscreement.
leeis                                                                                                '
decided to continue the company's policy of board purnu.ing unanimously'ty vism'ous       a fun grower 11annes for the ahoreham, power plant.                              ,
The board indicated, however,' that if the remaining conditions required to effectuate the settlement agreement were                                     g mes prior to assion by the HRC         the to graae a intends compa.ny    as parocne   er dull to abide  by the power linnne:e. fnr ahnrmham, agreement-unless, an.cas company's opinion, une passaga os. time has materially disadvantaged LILCo's shareholders or customers.
The board decided not to e>: tend further the stipulation in the settlement agreement which had restricted the company from operating the shoreham mogulatory         commission    sow) (plant  above 5n4percent nac authorisma                power if the Fuolear gnus operes19u.                          ,
since the legislature did not set by December 1, 1988, ansarding to the tems of the agreement, the company is no longer erecluded from operating the shorenam plant above G persamt power lf the NRC grants such a license, and Accordingly intends to operate the plant at higher levels following the approval of the NRC.
Dr. catacosinos said, ''We are disappointed that the New York State legislature did not act on the settlement agreement which was carefully conceived to baisn.1e the interests of all parties. We believe that it is impcytant to end the sentroversy' surrounding Shoreham so that LILC0 and state and local officials een work together te. resolve the energy shortages on Long Island."
The company's chairman further commented that, "We continue to believe that the operation of shoreham is in the public interest because it would imreediately resolve the power enersme.. ... s,ane 2 eland and valieve the gempany of itstr e me-uvwadwywndunuu un suruagn ELL to produas enestr3.etere oneeureged by resone preerose in she shoreham presse4Lnes before the Nuclear Regulatory Commission."                .
on. eE... .Auw. ...s:1.ni.4 u ww.ny.un'. rwnA6awu u-w it could not renegotiate the terms of the settlement. The New Yct.k state public service commission had established the rates under the settlement at minimum levels necchtary for the company to provide adequate service to its customer and return the 1
                                                                                     -            l j   _
--                                   - --                                                                          l

                                                                                                                       -   ^-                                    -'
   . LQK Cr*b;3 MEMT "                                             ..            -
                                                                                                                                  %U 5 3';V :~--
...*       c    .
emmpany to' financial health.                          Dr. Cataicosinos said that the                                                     '
        " company oculd not fulfill its obligat; ion to its customers .and shareholders,by renegotiating the terms,,of the eettlement                 '
agreement.       -             -
l In addition, the company ham deol'ded to restest rate                                                                         '
relinf from t.he puh11n marvina commins:Lon -(pac).                                                       Accordingly, the e     any will request that the canntesten usinstate the                                                                   ,                 ,
company a April 1988 rate roguest for a 5.4 percen Tuw company will ask the rac sur t,wuwerary ami.e a 11es                                                   t increase.1ve errowt.
January 1, 1989. The company                            has Act received a rate increase for nearly three years.
su-                                                                                             .
0 0
e t
0 e                                                               a 8                                                                                        9 e
R 0
6 8
a to l
l 4
maammmelB                                                                                 l
                                                                                                                                                                      \

December 5,1938,
!                                     MEMORANDUM FOR: Richard W. Krim Assistant Associate Director Office of Natural and Technological Hazards Federal Emergency Management Agency                                                                                              ;
FROM:
Frank J. Congel, Director Division of Radiation Protection and Emergency Preparedness Office of Nuclear Reactor Regulation                                                                                           .,

==SUBJECT:==
FEMA SUPPORT FOR NRC LICENSING OF SHOREHAM NVCLEAR POWER STATION
{
i I
r Long Island Lighting Compar,y (LILCO) has provided its responses to the FEMA Post Exercise Assessment for the June 7-9, 1988 Exercise and the FEMA Regional.
Assistance Committee coninents on Revision 10 of the offsite. plan. The responses are enclosed.
In accordance wf th the April 9,1985 NRC/ FEMA Memorandum of Understanding, we Please request that FEMA review LILCO's_ responses to the two FEMA reports.
advise us as to whether LILC0's responses adequately address the areas requiring corrective action as identified during the exercise and the outstanding plan inadequacies. LILC0 has comitted to incorporate the proposed plan changes into the next plan revision, currently' scheduled for May 1989.
If you have any questions, please call me at 492-1088.
Original signed by FrankJ.Congel Frank J. Congel, Director Division of. Radiation Protection and Emergency Preparedness Office of Nuclear Reactor Regulation

==Enclosure:==

Ltr. from LILCO to NRC dtd. 11/21/88 DISTRIBUTION w/o enclosure:
Stello, EDO           FJMiragl'.a. NRR                       LJCunningham, NRR FPGil;espie, NRR                       CRVan Niel, NRR JMTaylor, EDO JPMurray, OGC         SWBrown, NRR                           FKantor, NRR JScinto, OGC          STHogan,MRR                            IHusar, FEMA EReis, OGC            JLBlaha, NRR                           MLawless, FEMA TEMurley, NRR         WTRussell, RI                          E00 R/F DMCrutchfield, NRR RRBellany, RI                             PDR R/F /
JHSniezek, NRR         FJCongel, NRR                         PEPB R/F WDTravers, NRR         RJBarrett, NRR                        Central Files S/     B/ RR                     C/P       R       D/DREP/NRR PEPB/NRR                                                                                           s, RTHogan:1r      T        r                        WD     rs          FJCongel 12/'l /88 12/    88       12g8                             12Q88 Cr
_ om2a          2 , , ,                                                                                                            j
                                                                                                                                                                                         )
o o t 9by~-}}