ML20212A607

Response to ASLAP 860708 Order Requiring Licensee to Update 860527 Ltr Re Emergency Plan.Chatham County Resolution Does Not Resolve Issues Re Adequacy of Plan.Resolution False. Certificate of Svc Encl

ML20212A607
Person / Time
Site:	Harris
Issue date:	07/25/1986
From:	Eddleman W EDDLEMAN, W.
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#386-130 OL, NUDOCS 8607290081
Download: ML20212A607 (4)

Text

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O a l g 7tg July 25, 1986 UNITED STATES OF AMERICA NUCLEAR REGULATORY CggggN P1 A0 3EFORE THE ATOMIC SAFETY AND LICNNSING A??EAL d p0ARD

/ OF ECW itHG A SEPV1CL Howard A. 'cIll BRANCH ,

Dr. Reginald L. Gotchy Thomas S. Moore, Chair In the Matter of )

)

Carolina Power & Light Co. and )

horth Carolina Eastern Municipal )

P'ower Agency ) Docket 30-400 0 L.

WELLS EDDLDIAN'S RESPONSE 10 APPEAL BOARD ORDER OF JULT 8, 1986 The Appeal Board on July 8,1986, ordered Applicants to update their May 27, 1986 letter concerning the Shearon Harris Emergency Plan.

Other parties were given until July 25, 1986 to respond to Applicants' filing.

The July 7,1986 resolution of the Chatham County Commissioners, which was made without any public notice', and which was not on the agenda of the July 7 meeting of the Chatham County Commissioners, does not, l on its face, resolve numerous issu'es raised as to the adequacy of the l

Harris emergency plan, e.g. the feasibility of evacuating the Jordan Lake during high recreational use, provisions for schoolchildren, or o the inadequacies of the "fulleparticipation" exercise of May 1985 n85a. as expressed by numerous participants in that exercise. Although O

$8 the resolutions, from its language (e.g. item 2) may have been draf ted 55 by CP&L's attorneys or in consultation with them (there was no public 88 g< participation in the preparation of this resolution I am aware of),

s

$$ it states that Chatham County personnel will participate in an emergency asa.o planning " exercise scheduled la ter"'(thisPaummer r". There is no such M exercise, and the Commissioners of Chatham County tabled (July 21, 1986) a clarify $ng resolution which would have s tated thnt Chatham County _

b emergency personnel would participate in any exercise held under the provisions of lo CFR 50 Appendix E (the specific language calls for full participation exercise of the emergency plan within one year prior to operation above 5% power, in Appendix E). This matter May be voted on at the Chatham County Commissioners' August 4,1986 meeting.

For the above reasons, the Chatham Commissioners' resolution is not so clear as Applicants claim, in d3at it is on its face false (it does not address all dhe concerns raised about the emergency plan in Chatham County) and it does not explicitly consent to participation in exercises:If ter the " summer" of 1986. The failure to resolve the concerns mentioned above, including evacuat1on of the Jordan I4ke

~

and nearby recreation areas, taking care of school children prouerly (and reuniting then with parents) under evacuation conditions, and resolving known inadequacies of the emergency planning exercise of 1985, shows that the vote of July 7, taken without public notice of any kind, does not restore the " status quo *. Further, wherease the vote to withdraw fron dae evacuation plan was taken af ter public notice and in an open evening meeting attended by at least several hundred persons, where CP&L was allowed to present its views for over 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> (nearly 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />), with citizens having access to copies of the emergenqy plan, the .Tuly 7 vote was taken with no notice, citizens were not allowed to ice the resolution or accompanying information before it was voted on, and the Commission refused to hold the matter over to a time when the public could attend, and refused to wait until public review of the resolution could take place (even for a matter of days) before voting.

A public opinion poll of registered voters in Chatham County with an error of + 5 3% showed 76% of registered voters surveyed (a

t

's

-3 random sample of registered vo ters in Chatham County) approved the May 27, 1986 decision to withdraw from the emergency plan.

The behavior of the Chatham County Commission members and their staff on and following July 7 (and before that date, in concealing their plans from the public, including interested citizens who personally contacted them on July 6) indicates a desire to avoid public scrutiny and a fear of public knowledge that do not fit in well with the need for public confidence in emergency plans. The Chatham County Commissioners would be in charge (assuming the are available) during emergencies in Chatham County, including nuclear plant emergencies.

Therefore I hope that the Appeal Board will take note of the unresolved issues in the Chatham County emer6ency plan for the Shearon Harris plant (its title is Emergency Respons e Plan In Support of the Shearon Harris Nuclear Power Plant) and cons ider the issues accordingly.

./

Wella Eddleman,' -

7/25/86 8

i i

UNITED STATES OF AMERICA .,

NUCLTAR REGULATORY Cotte.ISSION In the matter of CARoLIKA POWER k LIGHT CO. Et al. ) Docket 50-400 Shenron Harris Nuclear Power Plant. Unit 1- ) o.L.

CEltTIFICATEoF SERVICE I hereby certify that copies of lA)0 'S ()2*70l1I 8 W5()ONK 4 (+PPFAI !8eivR DVkv JO% 9)/Gg '

HAVE been served this 2Cday of S@ 1984,bydepositin the US Mail, first-class postage prepaid, upon all parties whose names are listed below, except those whose nanes are marked with l an asterisk, for whom service was accomplished by Judges James Kelley, Glenn Bright and Jar.as Carpenter (1 copy each)

Atomic Safety and Licensing Board & their Law Clerk, sane US Nuclear Regulatory Comission address Washington DC 20555 .-

Al Cole, Karen Long or rh b idge (attorney for Applicants) J Anne Sanford Shaw, Pittman, Potts & Trowbridge Fq tttorney General's 1800 M St. NW Office WashinEton, DC 20036 ,

- Enx.62s, f .Haleien !r 27602 office of the Executive Legal Director f [L- g Spence .

?,rry Attn Docke ts 50-400/401 0.L. FEMA USNRC Washington DC 2o555 (f,j/c</) 500 c St. SW

. g j Washington Hoom 840 l- DC 207ho Dan Read Docketing and Service Section (3x) C);ANGEALP Box P151 l

Attn Docke ts 50-hoo/ hoi 0.L. .

office of the Secretary Raleigh, NC 276062 USNRC washington oc Dr. Linda W. Little 20555 (r Plan only) covernor's Waste Ngt. Bd.

J hn Rudie Steve Rochlis 513 Albenarle B3 dg.

FEMA, suite 700 325 N. 5a11abutn St.

Granville Rd 1371 Peachtree St. NE Malaign, NO 27611 Chapel Hill Ne 2751h /^tl""t" UA 30309 Bradley W. Jones Robert Gruber USNRC Region II Travi s Payne Exec. Director 101 Marietta St.

Edelstein & Payne Public Staff Atlanta GA 303o3 Box 12601 Box 991 Raleigh NC 276o5 Raleigh NC 27602 Richard Wilson, M.D. Certified by _84 h 729 Hunter St.

Apex NC 27502 J g$ g y g j{g g g R s plH3 ODb WeFsir Do V5 @c, woslwgIvo)3C 26555

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