ML20010F870

Supplementary Answers to Applicants & NRC Re Contention 22. Ltrs & Certificate of Svc Encl

ML20010F870
Person / Time
Site:	Comanche Peak
Issue date:	09/08/1981
From:	Ellis J Citizens Association for Sound Energy
To:	NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
References
NUDOCS 8109150053
Download: ML20010F870 (10)

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9/8/81

• UNITED STATES OF AKERICA NUCLEAR REQUIATORY COMMISSION BEFGLE TEE ATWIC SAFRITQulD 'EICENSIX', BOARD In the matter of N

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- So- w GEEIRATIEG CCREPANY, ET AL. FOR AN l _;

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CASE'S SUPPLEMENTARY ANSWERS !b$f)[iN .17 TO APPLICANTS AND TO NRC STAFF, ' h$$,'[ /p,.

REUARDING CONTENTION 22 cp ru On 8/18/81, CASE filed its Supplementary Answers: (1) To Applicants Regard-ing Contention 22; (2) To NRC Staff regarding Contention 22; and (3) To NRC

, Staff in Response to Staff's 3/4/81 Motion to Compel Responsive Answers to l

l Certain Staff Interrogatories to Intervenor CASE of January 19,1981 (Staff's l

I First Set to CASE).

CASE now finds that there needs to be a correction in certain portions of those Supplementary Answers, regarding matters whic.h do not affect the -

substantive part of CASE's answers, but which CASE believes should nonetheless be clarified.

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4 s On 8/7/81 CASE spoke by telephone with Bob Free, Administrator, Emergency Response and Investigating Branch, Division of Ccmpliance and Inspection, Bureau of Radiation Control, Texas Department of Health, Austin, the person in charge '

of developing the Texas Emergency Plan in regard to the Comanche Peak nuclear ,

plant. This telephone conversation was discussed in CASE's 8/18/81 Answers I on pages 16 (beginning with bottcm paragraph) and 17 Asstatedinour8/18/81

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.a Answers:

"During that conversation, Mr. Free: indicated that:

"1. His department and other State agencies are in the process of preparing major portions of the Texas Energency Plan; "2. There are several State agencies involved, en of which must prepare tbeir portions of the plan and submit ther xor inclusion and incorpora-tion into the total Texas Plan; "3 The Texas Plan is not just for fixed nuclear facilities but for all emergencies in the State of Texas; .

"4. His aepartment is shooting for a J_anuary 1982 date for submission of the Plsn to FEMA for ccannent; "5 They hope to have cements by Fl!NA by March 1982; "6. They are tentatively planning for an exercise scuetime in August or September 1982, and possibly for a follow-up exercise before fuel loading at the Comanche Peak plant; and "7. 'Mr. Free egreed with CASE that consideration of CASEls contention pgarding emergency planning for the Coraanche Peak plant, presently scheduled by the Board for 12/2/81 evidentiary hearings, is premature contadering the amount of work still remaining to be dcne on the Texas State Emergency Plan."

On August 8,1981, CASE vrote Mr. Free confirming our telephone conversation -

of8/7/81. In that letter, we repeated the above'seven statements (minus the emphasis, which was added for the benefit of the parties in this proceeding to call attention to the more pertinent portions of the statements), and stated

"~ wanted to get this confirmation to you right away, so that you will know exactly what I will be sending to the Board regarding our contention." .

We began work on our 8/18/81 Supplementary Answers, and since some ten days ,

had passed since we mailed our 8/8/81 letter.to Mr. Free by the time we filed our 8/18/81 Answers without our having received any further word from Mr. Free, 3

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we included the information based on our detailed notes of our 8/7/81 telephone conversation. The information contained in our 8/18/81 Supplementary Answers was (and still is) correct according to our notes of the conversation.

However, we received a letter from Mr. Free dated August 26, 1981, on 9/4/81, in which he stated:

"I received your letter summarizing our recent conversation and accept paragraphs 1 through 6 as written. Paragra;h 7,does not accurately convey my thoughts about the hearings scheduled on December 2,1981.

This Agency is not in a position to judge if the Atcmic Safety and Licensing Boarrl hearings, requested by your group, are premature. The contention by

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CASE that the State and Local Emergency Plans are inadequate is, however, pre uture inasmuch as these plans are currently being developed to support the nuclear facility at Glen Rose when nuclear fuel is allowed onsite by the Nuclear Regulatory Ccamission."

Copies of CASE's 8/8/81 lettrr to Mr. Free and of his 8/20/81 response are contained as CASE's Attachments A cnd B to this pleading.

Our8/.Lc/81SupplementaryAnswersalsoreferencedtelephoneconversations thich CASE had with FEMA on 8/10/81 and 8/13/81 (pages 17 and 18). CASE'n detailed notes of those conversations indicate that the infomation in i;his regard contained -

inour8/18/81SupplementaryAnswerswas(andstillis) correct. However, we believe a portion of that infomation needs to be further clarified also.

On page 21 f CASE's 8/18/81 Supplementary Answers, in answer to Staff's Question G h(a) and Applicants' Question 2-2, we included as items we plan to employ or rely upon in presenting our case in these proceedings: ,

" Documentation of CASE's 8/7/81 telephone conversation with Bob Free ,

Branch Administrator of Emergency Response and Incident Investigation, Radiation Control Board, Texas Department of H'ealth, Austin, Texas. At this time, it is not clear what the precise format of such documentation l

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vill be; we will prompt.y update our response as appropriate. See pages 16 and 17 of this pleading.

" Documentation of CASE's 8/10/81 and 8/13/81 telephone conversations with the Plans and Preparedness Office of FDIA. At this time, it is not clear what the precise fomat of such documentation vill be; we vill prceptly update our response as appropriate. See pages 17 and 18 of this pleading."

CASE did mt intend to imply support of CASE's contention by either the State or FEMk in our 3/18/81 Supplementary Answers. The only portion of the statements by the State's Mr. Free or FD4A's Ms. Nixon on which we plan to rely (and the only portions which we believe to be pertinent to our contentic:-) are the portions regarding the actual status of the Texas Emergency Plan. Mr.

Free's 8/26/81 letter indicating his acceptance of CASE's items 1 through 6 as stated in our 8/8/81 letter to Mr. Free constitutes partial documentation as referenced in CASE's 8/18/81 Supplementary Answers to Staff's G-k(a) and Applicants ' 2-2.- '

Respectfully submitted,

_ AAm fNw pfrs.)JuanitaEllis, President CASE (Citizens Associa. tion for Sound Energy) 1426 S. Polk Dallas, Texas 75224

,, 214/946-9446

.. 214/941-1211, work, usually Tuesdays and Fridays only m

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U CASE ATIACHMENT A C

ik26 S. Polt Page 1 of 2 Dallas, Tcxae i3224 (CITIZENS ASSN. FOR SOUND ENERGY)

August 8, 1981 Mr. Bob Free 3 ranch Administrator of Emergency Response and Incident Investigation Radiation Control Board Texas. Department of Health 1100 W. 49th St.

Austin, Texas 78756 ,,

Subject:

State of Texas Emergency Plan To confirm our telephone conversation yesterday, it is our understanding that:

1. You and other State agencies are in the process of preparing major portions of the Texas Emergency Plan;

2. There are several State agencies involved, all of which must prepare ,

their portion,s of the plan and submit them for inclusion and incorporm-tion into the total Texas Plan; 3 The Texas Plan is not just for fixed nuclear facilities but for all emergencies in the State of Texas;

4. You are shooting for a January 1982 date for submission of the Plan to FEMA for comment; 5 You hope to have comments by FD(A by March 1982;

6. You are tentatively planning for an exercise sometime in August or Sq hember 1982, and possibly for a follow-up exercise before fuel loading at the Comanche Peak nuclear power plant; 7 You agree with us that consideration of CASE's contention regarding emergency planning for the Ccunanche Peak plant, present'.y acheduled by the Atomic Safety and Licensing Board of the U. S. Nuclear Regulatory Cosmaission for December 2, 1981, evidentiary hearings, is premature at this time considering the amount of work still remaining to be done on the Texas State Emergency Plan.

I wanted to get this confinne. tion to you right away, so that you will know exactly what I will be sending to the Boerd regarding 6ur contention. % wever, we have

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n CASE ATIACHMENT A Page 2 of 2 now received the attached July 23, 1981, letter from the Assistant Director of Licensing, Nuclear Regulatory Commission, to the utility regarding their emergere:y plan. Since the NRC has asked some 18 pages of questions (attached to the original

. of the July 23 letter) and requested that the utility respond within 30' days of receipt of the letter, we thought it might be well to wait and see the utility's 7

answers before filing anytting else with the Board. We should be getting this i

' infomation around the end of August.

If you'd like to have the questions and answers, I'm sure Mr. Tedesco with the NRC would be happy to see that you get copies of them. The answers are likely to be incorporated into revised pages ofc the utility's Emergency PSn for Ccumanche Peak, and the revised pages alone might not make too much sense to you. So if you ask the NBC for this information, it would be well to ask for the entire utility !!hnergency Plan for Comanche Peak and that you be added to their, mailing list to receive all future revisions to it, if you're not already receivicg cuch infomation.

l I'm also attaching a copy of the wording of our contention regarding knergency Planning, along' with scuse other pertinent information frcum the operating license proceedings, which I think will be of interest to you.

After talking with you, I'm sure that you are as concerned as we are that the Texas Plan and the emitrgency plan for the Ccesache Peak nuclear, plant be done right and that it be workable and in pla'ce prior to the plant's going into l operation. I wish that I felt as confident that this will be the case, but I am very much concerned that, with the rulings of the new Atomic Safety and

) Licensing Board Chairman in the operating license hearings, the new laws which I have already been passed out of cousaittet:s of both the House and Senate in Wash-ington regarding " interim operating licenses for nuclear power plants, and the push to speed up licensing of nuclear plants, the C'manche a Peak plant may be allowed to go into operation before emergency plans are in place.

We'll be in touch.

. Sincerely, CASE (Citir. ens Assoi:iation for Sound Energy) l (Mrs.) Juanita Ellis President Attachuments V;

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' CASE ATTACHMENT B t

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W. 9-p-fy Texas Department of Healt, Robert Bernstein. M.D., F.A.C.P. 1100 West 49th Street t Robert A. % clean, M.D.

Commissioner Austin, Texas 78756 Deputy Cornmi,sioner (512)458-7111 August 26, 1981 .

n Mrs. Juanita Ellis' Citizens Associated for Sound Energy (CASE) 1426 Scuth Polk Street

. Dallas, Texas 75224

Dear Mrs. Ellis:

I received your letter summarizing our recent conversation and accept paragraphs I through 6 as written. Paragraph 7 does not accurately convey my thoughts about the hearings scheduled on December 2, 1981.

This Agency is not in a position to judge if the Atomic Safety and Licensing Board hearings, requested by your group, are premature. The contention by CASE that the State and Local Emergency Plans are inade-quate is, however, premature inasmuch as these plans are currently being developed to support the nuclear facility at Glen Rose when nuclear fuel '

is allowed onsite by the Nuclear Regulatory Commission.

Sincerely, 7

/Robert E. Free, Administrator Emergency Response and Investigating Branch Division of Compliance and Inspection Bureau of Radiation Control k

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STATE OF TEXAS )

Juanita Ellis, being duly sworn, deposes and says:

That she is President of CASE (Citizens Aasociation for Sound Energy),

and knows the contents of the foregoing CASE'S 9/8/81 SUPPLDENTARY ANSWERS TO APPLICANTS AND TO NRC STAFF, REGARDING CONTEN1' ION 22, and that the same is true of her own knowledge and belief, i

,A L / ?o.  %. /i/i' s Jfadnita Ellis v

SWORN TO and Subscribed before me on this 8th day of September ,1981.

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'/ h a .x e.x Notary Public My Cornmission Expires: /#/h/ // #

(SEAL)

The original of this page is being mailed under separate cover, First Class Mail, tothe Secretr.ry, U. S. Nuclear Regulatory Commission, Washington, D. C. 20555, -

Attention: Chief, Docketing and Service Section, on this 8th day of September _,

1981. .

UNITED STATES OF AMERICA NUCLEAR PEGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of 1 APPLICATION OF TEXAS UTILITIES 1 Docket Nos. 50-445 '

GENERATING COMPANY, ET AL, FOR AN 1 and 50-446 OPERATING LICENSE FOR COMANCHE 1 PEAK STEAM ELECTRIC STATION 1 UNITS #1 AND #2 (CPSES) 1 CERTIFICATE OF SERVICE By my signature below, I hereby certify that true and correct copies of CASE'S SUPP N' ANSWERS 'lO APPLICANTS AND TO NRC STAFF REGARDING CONTENTION 22 have been sent to the names listed below by First Class Mail this '8th day of Septeinber , 19 8L_,. * = with Certificate of Mailing receipt, Administrative Judge Marshall E. Miller David J. Preister, Esq.

U. S. Nuclear Regulatory Commission Assistant Attorney General Atomic Safety and Licensing Board Panel Environmental Protection Division Washington, D. C. 20555 P. O. Box 12548, capitol Station Austin, TX 78711 Dr. Forrest J. Renick, Member Atomic Safety and Licensing Board -Mr r-R4ohard.-Fouke-305 E. Hamilton Avenue -.1668 B..cartas DrLve. -

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16801 i State College, PA - Adington ;- 'FX,-----76014-Dr. Richard Cole, Member Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 -

Washington, D. C. 20555 Nicholas S. Reynolds, Esq. . Atomic Safety and Licensing , ,

Debevoise & Liberman Appeal Panel 1200 - 17th St., N. W. U. .S. Nuclear Regulatory Commission Washington, D. C. 20036 Wanhington, D. C. 20555 Marj orie Ulman Rothschild, Esq. Docketing and Service S'ection Office of Executive Legal Director Office of the Secretary U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. d. 20555 washington, D. C. 20555

- Mr,- Dwight-L- Noor+r-Esq.,-- Arch C. McColl, III, Esq.

- Wtst-Texas.-Legal-Services- 701 Commerce Street, Suite 302 '

--100- -Ma in--St r eet ----Lawyees - B-14g r - Dallas, TX 75202

- Ecrt Wor.thr TX--- J6102.- .

Jeffery L. Hart, Esq.

4021 Prescott Avenue Dallas, TX 75219

_ sh bJ s.) Juanita Ellis, President ASE (Citizens Association for Betty B. Brink Sound Energy) 7600 Anglin Drive Fort Worth, TX 76119

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