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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20211N0401999-09-0303 September 1999 Exemption from 10CFR50.44(d) & (E) to Remove Hydrogen Control Requirements from SONGS Units 2 & 3 Design Basis. Exemption Also Allows Licensee to Modify Emergency Operating Instructions to Remove Operator Action Requirements DD-98-06, Director'S Decision DD-98-06 Under 10CFR2.206.Petitioner Requested That NRC Take Action Re Concerns About Ability of Plant SGs to Withstand Major Seismic Event.Petitioner Requested Action Denied1998-06-11011 June 1998 Director'S Decision DD-98-06 Under 10CFR2.206.Petitioner Requested That NRC Take Action Re Concerns About Ability of Plant SGs to Withstand Major Seismic Event.Petitioner Requested Action Denied ML20198Q8481998-01-15015 January 1998 Comment Opposing PRM 50-63A by Pg Crane Amending Petition for Rulemaking Re Use of Potassium Iode ML20198P7461998-01-11011 January 1998 Comment on Petition for Rulemaking PRM 50-63A Re Aftermath of Nuclear Meltdown at San Onofre NPP & Possibility of Nuclear Emergency Caused by Navy Proposed Mixed Waste Facility & Plans to Homeport Nuclear Carriers in San Diego ML20203F7541997-09-30030 September 1997 Transcript of 970930 Predecisional Enforcement Conference of Util in Arlington,Tx ML20210T0401997-08-29029 August 1997 Order Approving Application Re Corporate Restructuring of Enova Corp,Parent of San Diego Gas & Electric Co,By Establishment of Holding Company W/Pacific Enterprises ML20138K0721997-05-0202 May 1997 Comment Opposing Proposed Rule 10CFR73 Re Physical Protection of Plants & Matls ML20149H5221997-04-25025 April 1997 Amended Emergency Petition Re Degradation of Steam Generator Internal Tube Supports (Egg Crates),Based on 970417 Rept. Plant Will Not Be Able to Completely Withstand Major Seismic Event ML20091R5651995-08-31031 August 1995 Comment on Review of Revised NRC SALP Program.Recommends That SALP Assessment Process Either Be Abandoned or Justified as within Authority of NRC Through Appropriate Rulemaking ML20058E3351993-11-19019 November 1993 Exemption from Requirements in 10CFR50.120 to Establish, Implement & Maintain Training Programs,Using Sys Approach to Training,For Categories of Personnel Listed in 10CFR50.120 ML20058E0151993-11-14014 November 1993 Comment Opposing Proposed Rule 10CFR50 Re Exemptions in Accident Insurance for Nuclear Power Plants Prematurely Shut Down ML20056G3351993-08-27027 August 1993 Comment Opposing Proposed Rule 10CFR2 Re Review of 10CFR2.206 Process ML20046A9191993-07-19019 July 1993 Comment on Proposed Rules 10CFR170 & 171 Re NRC Fee Policy. Opposes Rule ML20044D3551993-05-13013 May 1993 Comment on Draft Insp Procedure 38703, Commercial Grade Procurement Insp. Believes Appropriate Application of NRC Endorsed Stds to Critical Characteristics Remains Responsibility of Licensee Re Engineering Judgement ML20055F0001990-06-20020 June 1990 Comment Opposing Proposed Rule 10CFR55 Re Operator Licenses. Proposed Rule Unnecessary & Can Only Adversely Impact Safe Operation of Nuclear Power Facilities by Negatively Affecting Morale of Licensed Operators ML20247L3791989-05-25025 May 1989 Transcript of 890525 Hearing in San Diego,Ca.Pp 150-278. Supporting Info Encl.Witnesses:A Keltz,A Talley,W Flynn, E Cone,N Hunemuller,J Zwolinski ML20245J6161989-04-25025 April 1989 Notice of Withdrawal of 840307 Application for Amends to Licenses NPF-10 & NPF-15,revising Tech Specs to Reflect Changes in Util Organizational Structure & to Incorporate New NRC Reporting Requirements ML20195H1611988-11-12012 November 1988 Requests 90-day Extension of Public Comment Period for Proposed Rule 10CFR26 Re Fitness for Duty Issue for Nuclear Power Plant Workers ML20195H1751988-11-12012 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Fitness for Duty Program.Unannounced Random Tests for Drug Use Should Not Be Part of Program ML20195H3221988-11-12012 November 1988 Requests 90-day Extension to Submit Comment on Proposed Rule 10CFR26 Re Fitness for Duty Issue ML20195G9881988-11-12012 November 1988 Requests 90-day Extension in Order to Submit Public Comment on 10CFR26 Re Fitness for Duty Program ML20206D7531988-11-0808 November 1988 Requests Extension of Comment Period for 10CFR26 Re Random Drug Test Issue for Nuclear Power Plants.Period Provided Inadequate as Fr Notice Just Received ML20205D5691988-10-21021 October 1988 Memorandum.* Board Confirms Listed Schedule for Completing Case as Discussed W/Parties During 881018 Prehearing Conference.Served on 881024 ML20205D7301988-10-18018 October 1988 Transcript of 881018 Prehearing Conference in San Diego,Ca. Pp 1-62 ML20204F0291988-10-0606 October 1988 Comment on Proposed Rule 10CFR26 Re Drugs in Nuclear Workplaces ML20155D0011988-10-0303 October 1988 Exemption from 10CFR50.54(w)(5)(i) Requirements Re Onsite Property Damage Insurance Until Rulemaking Finalized But No Later than 890401 ML20155A1541988-10-0303 October 1988 Exemption from Requirements of 10CFR50.54(w)(5)(i) Re Onsite Property Damage Insurance Pending Completion of Rulemaking But No Later than 890401 ML20154D9891988-05-0909 May 1988 Order (Resolving Remanded Medical Svcs Issue).* Adequate Measures to Protect Public in Event of Radiological Emergency Taken.Served on 880510 ML20151P3771988-03-22022 March 1988 Stipulation & Proposed Order Re Remand of Medical Svcs Issue.* Stipulates That Parties Involved Reviewed Relevant Documentation Re Licensee Compliance w/10CFR50.47(b)(12) Including Licensee 870629 Submittal.W/Declaration of Svc ML20237B1861987-12-11011 December 1987 Transcript of 871211 Telcon in Bethesda,Md.Pp 19-24 ML20235R5441987-10-0101 October 1987 Notice of Appearance.* Certificate of Svc Encl ML20238F1691987-09-10010 September 1987 Notice of Withdrawal.* All Mail & Svc Lists Should Be Amended to Delete Author Name After 870921.W/Certificate of Svc ML20216J8751987-06-29029 June 1987 Licensee Submittal Re Emergency Medical Svcs (10CFR50.47(b)(12)).* Completed Arrangements for Offsite Emergency Medical Svcs,Including Annual Conduct of Emergency Drills Since 1981,discussed ML20206T1731987-04-20020 April 1987 Notice of Reconstitution of Aslb.* Sj Wolfe,Chairman & Ch Hand & Eb Johnson,Members.Served on 870421 ML20205R3571987-04-0101 April 1987 Applicant Status Rept on Implementation of Emergency Medical Procedures.* Applicant Close to Completing Emergency Medical Svcs Arrangements & Will Make Ordered Filing at Earliest Possible Time.Declaration of Svc of Mail Encl ML20205R3881987-04-0101 April 1987 Notice of Appearance.* Ck O'Connell Will Appear on Behalf of Southern California Edison Co,San Diego Gas & Electric Co & Cities of Riverside & Anaheim,Ca DD-87-01, Notice of Issuance of Director'S Decision DD-87-01 Under 10CFR2.206 Denying City of Laguna Beach 860527 Petition to Extend 10-mile Radius of EPZ to Include South Laguna Beach & Laguna Beach1987-01-29029 January 1987 Notice of Issuance of Director'S Decision DD-87-01 Under 10CFR2.206 Denying City of Laguna Beach 860527 Petition to Extend 10-mile Radius of EPZ to Include South Laguna Beach & Laguna Beach ML20207P7171987-01-13013 January 1987 Order.* Applicant Showing of Implementation of Emergency Medical Arrangements Expressed in 870112 Telcon Must Be Submitted No Later than 870701.Applicant Should Exert Effort to Submit Showing by 870401.Served on 870114 ML20207N5171987-01-12012 January 1987 Transcript of 870112 Telcon in Washington,Dc.Pp 1-18 ML20207E2541986-12-29029 December 1986 Order (Initiating Proceedings Concerning Emergency Medical Arrangements).* Telcon Scheduled for 870112 to Discuss ASLB 870401 Proposed Implementation Date.Proceeding Will Be Held in Abeyance Pending Licensee Submittal.Served on 861231 ML20214C7741986-11-18018 November 1986 Notice of ASLBP Constitution.Jl Kelley,Chairman & Ch Hand & Eb Johnson,Members.Served on 861120 ML20214N5301986-09-12012 September 1986 Order Remanding Medical Treatment Facilities Issue to ASLB to Be Held in Abeyance Until Issuance of Detailed & Specific Guidance on Nature of Medical Svc.Served on 860915 ML20203L9441986-08-28028 August 1986 Decision ALAB-845 Affirming Licensing Board 850612 Order & Fourth Partial Initial Decision LBP-85-25,in Part,To Extent of Excluding Inmates Manpower Mobilization Contention. Intervenor 850726 Appeal Dismissed.Served on 860829 ML20203K1751986-08-0101 August 1986 Petition of W Chesbro,Sl Fielder,D Hauser,D Bosco,B Keene & Redwood Alliance for Leave to Intervene & Request for Hearing.W/Proof of Svc ML20199D5081986-06-12012 June 1986 Transcript of 860612 Commission Briefing in Washington,Dc Re Restart of San Onofre Unit 1.Pp 1-95.Supporting Documentation Encl ML20199D3661986-03-18018 March 1986 Transcript of Commission 860318 Meeting in Washington,Dc Re Briefing by Util on 851121 Loss of All in-plant Ac Power. Pp 1-84.Supporting Documentation Encl NUREG-1190, Transcript of Commission 860122 Briefing in Washington,Dc Re San Onofre & Status of Rancho Seco.Pp 1-105.Supporting Documentation & NUREG-1190, Loss of Power & Water Hammer Event at San Onofre,Unit 1 on 851121 Encl1986-01-22022 January 1986 Transcript of Commission 860122 Briefing in Washington,Dc Re San Onofre & Status of Rancho Seco.Pp 1-105.Supporting Documentation & NUREG-1190, Loss of Power & Water Hammer Event at San Onofre,Unit 1 on 851121 Encl ML20127G6231985-06-19019 June 1985 Transcript of ACRS Subcommittee of SEP (San Onofre) 850619 Meeting in Washington,Dc.Pp 1-167.Supporting Documentation Encl ML20113E4511985-04-11011 April 1985 Response Opposing Applicant Motion Re Arrangements for Medical Svcs.Motion Deficient in Complying W/Procedures in 10CFR2.749 & Matl Submitted W/O Motion to Amend Record.Proof of Svc Encl.Related Correspondence ML20100K3471985-04-0909 April 1985 Response to 850403 Order Re 850329 Motion.As Result of Guard Vs NRC Decision Remanding Case to Nrc,Motion Properly Addresses Full Commission.Proof of Svc Encl 1999-09-03
[Table view] Category:OTHER LEGAL DOCUMENT
MONTHYEARML20245J6161989-04-25025 April 1989 Notice of Withdrawal of 840307 Application for Amends to Licenses NPF-10 & NPF-15,revising Tech Specs to Reflect Changes in Util Organizational Structure & to Incorporate New NRC Reporting Requirements ML20205D5691988-10-21021 October 1988 Memorandum.* Board Confirms Listed Schedule for Completing Case as Discussed W/Parties During 881018 Prehearing Conference.Served on 881024 ML20235R5441987-10-0101 October 1987 Notice of Appearance.* Certificate of Svc Encl ML20238F1691987-09-10010 September 1987 Notice of Withdrawal.* All Mail & Svc Lists Should Be Amended to Delete Author Name After 870921.W/Certificate of Svc ML20216J8751987-06-29029 June 1987 Licensee Submittal Re Emergency Medical Svcs (10CFR50.47(b)(12)).* Completed Arrangements for Offsite Emergency Medical Svcs,Including Annual Conduct of Emergency Drills Since 1981,discussed ML20206T1731987-04-20020 April 1987 Notice of Reconstitution of Aslb.* Sj Wolfe,Chairman & Ch Hand & Eb Johnson,Members.Served on 870421 ML20205R3571987-04-0101 April 1987 Applicant Status Rept on Implementation of Emergency Medical Procedures.* Applicant Close to Completing Emergency Medical Svcs Arrangements & Will Make Ordered Filing at Earliest Possible Time.Declaration of Svc of Mail Encl ML20205R3881987-04-0101 April 1987 Notice of Appearance.* Ck O'Connell Will Appear on Behalf of Southern California Edison Co,San Diego Gas & Electric Co & Cities of Riverside & Anaheim,Ca DD-87-01, Notice of Issuance of Director'S Decision DD-87-01 Under 10CFR2.206 Denying City of Laguna Beach 860527 Petition to Extend 10-mile Radius of EPZ to Include South Laguna Beach & Laguna Beach1987-01-29029 January 1987 Notice of Issuance of Director'S Decision DD-87-01 Under 10CFR2.206 Denying City of Laguna Beach 860527 Petition to Extend 10-mile Radius of EPZ to Include South Laguna Beach & Laguna Beach ML20214C7741986-11-18018 November 1986 Notice of ASLBP Constitution.Jl Kelley,Chairman & Ch Hand & Eb Johnson,Members.Served on 861120 ML20100K3471985-04-0909 April 1985 Response to 850403 Order Re 850329 Motion.As Result of Guard Vs NRC Decision Remanding Case to Nrc,Motion Properly Addresses Full Commission.Proof of Svc Encl ML20126G8961984-10-0303 October 1984 Memorandum Discussing NRC Authority to Permit Immediate Restart.Order Issued in Aug 1982 Directing Unit Shutdown Pending Improvement of Seismic Safety Protections Does Not Constitute License Amend.Order within NRC Jurisdiction ML20205D8191984-05-0202 May 1984 Interim Decision,Concluding That Util Achieved Understanding with NRC Re Scope & Methods of Making Mods Required by NRC for Initial Restart of Facility Cost Effective ML20076C7741983-08-18018 August 1983 Comments Supporting ASLB 830812 Memorandum & Order Re Offsite Medical Svcs.Declaration of Svc by Mail Encl ML20079R1591983-06-17017 June 1983 Reply to Intervenor 830606 Briefs on Status of Medical Svcs Issue.Further Hearings Unjustified Since Commission Already Ruled on Adequacy of Onsite Medical Svcs.Declaration of Svc Encl ML20071P8761983-06-0606 June 1983 Comments Re Offsite Medical Svcs,Objections to Applicant Motion to Augment Record & Request for Hearing & Proposed Licensing Condition.Adequate Arrangements for Medical Svcs Not Met.Further Hearings Required ML20023D1131983-05-16016 May 1983 Position Re Commission 830405 Memorandum & Order CLI-83-10 on Offsite Medical Svcs.Util Provided Necessary Level of Medical Svcs for General Public.Declaration of Svc Encl ML20063P8761982-10-13013 October 1982 Position on ASLB Request for Commission Direction on Whether to Proceed to Hearings.Further Hearings on Medical Svcs Issue Should Be Deferred Pending Commission Determination & Issuance of Guidance.Declaration of Svc Encl ML20063P8941982-10-13013 October 1982 Brief Re Certified Questions on Definition & Implementation of 10CFR50.47(b)(12) Re Medical Svcs.Applicant Interprets 10CFR50.47(b)(12) as Applying to Individuals Who Are Contaminated & Traumatically Injured.W/Declaration of Svc ML20027C4031982-10-13013 October 1982 Brief Re Required Medical Svcs for General Public in Response to Commission Order CLI-82-27.Agrees W/Aslb Re Definition of Contaminated Injured Individuals Per 10CFR50.47(b)(12).Certificate of Svc Encl ML20063M3201982-09-0303 September 1982 Response to ASLB 820806 Memorandum & Order Re Further Proceedings on Adequacy of Offsite Planning for Medical Svc. Declaration of Svc Encl ML20063M3141982-09-0303 September 1982 Response to ASLB 820806 Request to Address Questions Re Necessity for Further Hearings on Issue of Medical Arrangements for General Public in Offsite Emergency Plans. Certificate of Svc Encl ML20055B9751982-08-0606 August 1982 Confirmation of Emergency Preparedness Items,Transmitting DB Matthews Affidavit Certifying That Siren Sys Performs in Accordance W/Tech Specs.Issue of Ingestion Pathway Emergency Planning Zone to Be Addressed Later ML20053E9961982-06-0707 June 1982 Comments on Adequacy of Existing Public Notification Sys in San Clemente,Ca Per ASLB 820514 Order.Addition of NOAA Type or Cablevision Override Sys Is Redundant & Unnecessary.No Items Raised by San Clemente Deserve ASLB Involvement ML20053E0431982-06-0101 June 1982 Notice of Appeal of ASLB 820514 Initial Decision ML20052G8171982-05-13013 May 1982 Advises That Applicants Consider ASLB 820316 Order to Provide 5 Days Notice of Achieving Criticality to Be Moot & Will Not Be Providing Such Notice.Certificate of Svc Encl ML20050C0161982-04-0202 April 1982 Response to Aslab 820316 Order to Inform of Criticality 5 Business Days in Advance.Criticality Will Be Achieved in mid-May.To Commence Low Power Testing,Initial Decision on Emergency Preparedness Issues Needed.W/Declaration of Svc ML20039B7581981-12-21021 December 1981 Response to ASLB 811210 Order,Commenting on Earthquake Swarm.Applicants' Repts Should Not Be Included in Record. Repts Being Reviewed to Determine If Cause Exists to Reopen Record.Proof of Svc Encl ML20039B5351981-12-15015 December 1981 Comments on Earthquake Swarm Per ASLB 811210 Order.Applicant Rept Is Part of ASLB Record.Repts of NRC & Intervenors Should Also Be Included in Record If Applicant Rept Included.Certificate of Svc Encl ML20005B9481981-08-28028 August 1981 Notice of Change of Address of co-counsel CE Mcclung. Certificate of Svc Encl.Related Correspondence ML20010D1661981-08-17017 August 1981 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20010D1851981-08-17017 August 1981 Second Set of Direct Testimony & Accompanying Exhibits on Emergency Planning Contentions.W/O Encl.Declaration of Svc Encl.Related Correspondence ML19347D2611980-11-12012 November 1980 Participation Agreement Among Utils & Cities of Riverside & Anaheim,Ca.Forms 10-K,10-Q & S-16 & Prospectus Encl ML19210E5331979-11-0808 November 1979 Notice of Appearance of L Thorton on Behalf of Util. Certificate of Svc Encl ML19282B5561979-02-13013 February 1979 Notifies of Deposition of R Carstens on 790228 Re U Prices & Related Matters.Certificate of Svc Encl ML19274D3201979-01-0404 January 1979 Provides Notice That Applicant Will Take Deposition of R Carstens on 790106 in Seattle,Wa.Carstens Will Be Examined Re Uranium Prices & Related Matters.Certificate of Svc Encl ML20126K0181977-11-29029 November 1977 Integrated Operations Agreement Between City of Anaheim & Util ML20126K0101972-08-0404 August 1972 Settlement Agreement Between Util & Cities of Anaheim, Banning & Riverside,Ca.Cities Will Amend Petition to Intervene by Withdrawing Objections to AEC Licensing Proceedings.Ltrs Encl 1989-04-25
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l 1 Charles E. McClung, Jr. 9((fTED FLEMING, ANDERSON, McCLUNG & FINCH 2 24012 Calle de la Plata, Suite 330 Laguna Hills, California 92653 'd3 ijUl - 7 p g ,, g Telephone: (714) 768-3601 Attorneys for Intervenors 6
UNITED STATES OF AMERICA 7 NUCLEAR REGULATORY COMMISSION 8 ATOMIC SAFETY AND LICENSING BOARD 9
In the Matter of ) Docket Nos. 50-361-OL 10 ) 50-362-OL SOUTHERN CALIFORNIA EDISON )
11 COMPANY, ET AL. ) INTERVENORS COMMENTS RE-
) GARDING OFF-SITE MEDICAL 12 ) SERVICES; OBJECTIONS TO (San Onofre Nuclear Generating ) APPLICANTS MOTION TO 13 Station, Units 2 and 3) ) AUGMENT RECORD; REQUEST
) FOR HEARING AND PROPOSED 14
) LICENSING CONDITION
)
15 INTRODUCTION 16 17 On April 5, 1983 by Memorandum and Order CLI-83-10 the 18 Commission provided a guideline of what arrangements for off site medical services are required under 10 CFR 50.47(b)(12) (the
" rule"). The Licensing Board by conference call on April 11, 1983 and subshguent order dated April 12, 1983 requested that the parties to this proceeding submit their comments with respect to what further action this Board need take to address this issue.
Intervenors respectfully submit these comments.
l 26 //////
27 //////
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i'306080195 830606 PDR ADOCK 05000361 '
0 PDR M
1 I 2 ANALYSIS OF THE COMMISSION'S DECISION.
3 4 The Commission issued a detailed memorandum regarding the 5 medical arrangements rule which rejected the Applicants' inter-6 pretation that the rule excluded members of the general public.
7 The Commission expressly stated in its conclusion on page 13 of 8 the Slip Opinion that this emergency planning rule applies to 9 both those people who become injured and who are also contam-10 inated and to those people who may be exposed to dangerous levels 11.1 of radiation. In doing so the Commission accepted in part the i
12 reading of the rule offered by the Intervenors and this Licensing 13 Board. The Commission then set forth what specific arrangements 14 are' necessary to protect the general public in this area. Th e 15 Commission stated that with respect to the contaminated and 16 ,
injured individuals of the general public that the pre-existing 17' ! arrangements for on-site workers should be enough, if and when 18 those arrangements are made known and incorporated within the 19 l plans of the off-site jurisdiction. With respect to the people 20 who are seriously contaminated the Commission has determined that 21 no immediate emergency action need be taken and therefore a 22 ;j simple listing of available resources in the off-site juris-L
-23 3 diction's plans should be sufficient to allow for an ad hoc h
24 y treatment of these people.
25 The Commission indicates at page 13 of its Slip Opinion that 26 this position is consistent with the FEMA position and it implies 27 that the FEMA position is not entirely clear. I would submit 1
28 } that in fact it is the Commission's decision that is less than i
i I '
3_ ,,
f.
s - /
, n, t .o ,
't I clear.
9 2 On the one hand the Commission says that the rule embraces 3 the general public and on the other hand, it essentially says 4 tha t- any arrangements are always going to be~ adequate. It is 5 very 'hard to understand how it can be determined whether the "ad 6 hoc" arran ements will ba. adequate without iteration of various e i 1 7 plans and without a showing of evidence.' Hence, a rational 8 reading of the Commission's order is tilat' in.dihidual hearings are 9 necessary.to determine with. respect tb tiiis, site 4hether the "ad 10 hoc" measures available at t[ hat site' ~will be- adequate.- Obviously, 11 if there were no hospitals at all which had,the capability to
. .s ,
, 12 take up and deal with nuclear patients that would have to be
~j< 13 -inadequate. -
.j e
14 The Commission in its analysis uses,in many places'the word 35; "could" and statigethat " treatment could be arranged on an ad hoc
, l l: - s='"
, 16 ' b'asish. Slip Opinion at Page 12.
Or that adequate medical I
17 services "could be provided by using existing local or regional 18 facilities". Slip Opinion at Page .12. It isthe responsibility 19 for the Licensing Nard to determine whdthechin any specific case 20 -there is reasonable assurance that this,can and will happen >
21 10 CFR 50.47(a). .
22 It is submitted that the' Commission's rule indicates that 23 the following must be one: ,'
,24 g,.
f (1) A detailed analysis must be made ot'the Applicants'
, 25 fability.,to' treat on-site workers to determine whether that is
} ~ 26 '
a:Iequa tes in light of the fact that..that' capability 'must also
'nclude the capabili[ty tc aid off-site people.who may be injured 27 i 28 and. contaminated. ,',- .
J' l.
k Y
1 (2) The capabilities and contractual relationships with 2 the hospitals for the contaminated and injured people should be 3 made known to and incorporated within the plans of the off-site 4 jurisdictions.
5 (3) A detailed survey of hospitals in the area which 6 can provide care for seriously contaminated individuals should be 7 made and a list of such hospitals should be incorporated into the 8 response plans of the local jurisdictions and the Applicant.
9 (4) Implementing procedures and SOP's should be 10 developed by the off-site emergency response organizations for 11 sending people to the various hospitals in a rational manner 12 based on their capacities and locations in the event of a 13 radiological emergency with seriously contaminated individuals.
14 (5) The Licensing Board should review the overall state 15 of off-site facilities and implementing procedures to determine 16 whether or not they can serve as an adequate basis for "ad hoc" 17 response in the event of a radiclogical emergency.
18 19 II 20 INTERVENORS OBJECT TO APPLICANTS' MOTICM TO AUGMENT THE RECORD.
21 22 Intervenors must respectfully object to Applicants' motion to augment the record, Items 1 and 2. These items purport to be 24 enclosures from the emergency response plans of San Diego and Orange County respectively. These items are objected to on the grounds that they are not authenticated in any way by affidavit 27 or declaration. Applicants must demonstrate that these items are 28 I truly existing, implemented and approved plans of the various 2 jurisdictions. Federal Rules of Evidence, Rule 901. It is 3 respectfully requested that the Applicants provide sufficient 4 foundation for these documents by way of declaration or affidavit 5 or by way of further hearings requested below.
6:
I 7 III 8 INTERVENORS RESPECTFULLY REQUEST THE LICENSING BOARD TO RESCHEDULE HEARINGS INTO THE ADEOUACY 9 OF THE ARRANGEMENTS FOR MEDICAL SERVICES, BOTH ON-SITE AND OFF-SITE.
10 11 Intervenors in the hearing process were not litigating the 12 issue of whether the medical arrangements were sufficient to handle the on-site contaminated and injured individuals. There-fore, information concerning that issue was not objected to and no cross-examination was tendered thereon. Now the Commission 16 has ruled that those items are crucial as they set the standard 1_/
as to what is necessary for off-site populations. It is necessary to have further hearings on this issue to determine whether or not the arrangements are truly adequate for the on-site personnel given the fact the arrangements now must also serve off-site populations as well.
The Applicants have submitted and pointed to in their moving papers various lists of hospitals which allegedly exist in the Orange County and San Diego plans. They also assert without record basis that these hospitals have the capacity to handle seriously contaminated individuals. It is necessary to establish 28 1 a record basis for this fact. Obviously, if these hospitals do 2 not have the capacity to handle people the list of them will not 3 serve as an adequate basis for "ad hoc" response in the event of 4 a radiological emergency. Although the Commission has ruled that 5 such "ad hoc" response could be sufficient, it is up to this 6 Licensing Board to determine whether such "ad hoc" measures are 7 in fact sufficient in this case or whether additional planning 8 steps are required. It is clear that no new hospitals need to be 9 built and no new personnel need to be hired. It is not clear that 10 a modicum of planning would not be appropriate under the rule.
11 12 IV 13 PROPOSED LICENSING CONDITION 14 15 In the event this Licensing Board should deny Intervenors' 16 request for further hearings and to accept the arguments of the 17 Applicants in general, Intervenors would respectfully request the 18 following licensing condition be imposed.
19 "The plans for off-site jurisdictions including 20 Orange County, San Diego County, San Juan j 21 Capistrano and San Clemente should have r
l 22 specific provisions in them which set forth 23 hospitals which will be available to aid 24 contaminated and traumatically injured individ-25 uals as well as seriously contaminated ind'vid-26 uals in the event of a radiological emer-27 gency."
28 l
l 1
CONCLUSION 2
3 It is respectfully submitted that the Applicants have not 4 met their burden of proof to establish that adequate arrangements 5 for medical services exist for contaminated individuals as set 6 forth in 10 CFR 50.47(b)(12) and that further hearings are 7 required in this matter.
8 9 DATED: June 6, 1983 FLEMING, ANDERSON, McCLUNG & FINCH 10 BY: 1 .\
- 13 Charles E. McClung, Jr.
Attorneys for Intervenors.
),'>j 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28