ML20086M896

Motion for Summary Disposition of Phase II Emergency Planning Contention 45 Re Designation of DOE Personnel.No Genuine Issue of Matl Fact Exists

ML20086M896
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/13/1984
From:	Mccleskey K HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20086M832	List: ML20086M830 ML20086M846 ML20086M868 ML20086M882 ML20086M896 ML20086M915 ML20086M924 ML20086M936 ML20086M958 ML20086M981 ML20086M989 ML20086N008 ML20086N023 ML20086N035 ML20086N121
References
ISSUANCES-OL-3, NUDOCS 8402170139
Download: ML20086M896 (7)

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^h s-o LILCO, February 13, 1984 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Saf st/ and Licensing Board In the Matter of

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LONG ISLAND LIGHTING COMPANY

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Docket No. 50-322-OL-3

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(Emergency Planning (Shoreham Nuclear Power Station, )

Proceeding)

Unit 1)

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LILCO'S MOTION FOR

SUMMARY

DISPOSITION OF PHASE II' EMERGENCY PLANNING CONTENTION 45 (DESIGNATION OF DOE PERSONNEL)

LILCO moves, pursuant to 10 C.F.R. 5 2.749, for summary disposition of Phase II emergency planning Contention 45, which alleges that the LILCO Transition Plan should contain'the names, titles, and qualifications of Department of Energy per-sonnel responding from Brookhaven National Laboratory (BNL) and of personnel responding from an outside consultant.

I.

Contention and Legal Standards Contention 45 reads as follows:

Contention 40 The LILCO Plan ap-pears to rely exclusively on (a) DOE-RAP personnel and (b) personnel from an unidentified "outside. consultant," for offsite accident and dose assessment and projection, as well as for all command, control and coordination functions relat-ed to offsite accident assessment and projection and the decision to recommend particular plume exposure and ingestion pcthway protective actions to the LILCO Director-of LERO (i.e.,

the Radiation 8402170139 840213' PDR ADOCK 05000322 PDR

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e Health Coordinator, RAP Team Captain, Dose Assessment Function, Environmental Survey Function, and Offsite Survey Teams).

(Plan, Section 3.5.B; Figure 3.6.2; OPIPs 2.1.1, 3.5.1, 3.5.2.,

3.5.3.

and 3.5.6)

The Plan does not identify by name, title or. qualification the DOE-RAP or other outside consultant personnel who are expected'te perform offsite accident and dose assessment functions and thus fails to comply with NUREG 0654,Section II.A.2.a.

The legal standard cited in Contention 45 is the follow-ing:

NUREG-0654, II.A.2.a Each organization shall specify the functions and responsibilities for major elements and key individuals by title, of emergency response, including the follow-ing:

. Accident Assessment,.

Protective Response (including authority

~to request Federal assistance and to ini-tiate other protective actions), and Ra-diological Exposure Control.

The de-scription of these functions shall include a clear and concise summary such as a table of primary and support responsibilities using the agency as one axis, and the function as the other.

(See Section B for licensee.)

II.

Basis for Summary Disposition Under the LILCO Transition Plan, dose assessment is done under the U.S. Department of Energy (DOE) Radiological Assis-tance Program (RAP) by a team working out of Brookhaven Nation-al Laboratory called the " RAP Team."

In addition, the LERO po-sition of Radiation Health Coordinator, who coordinates functions related to offsite. accident and dose assessment, will

.be filled by an employee of Impell Corporation, an outside l

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>e consultant.

Revision 3 of the LILCO Transition Plan at page 3.5-2 (Attachment 1) describes the working of the RAP Team under the direction of the RAP Team Captain; Figure 2.1.1 of the LILCO Transition Plan (Attachment 2) shows how the RAP Team Captain and his Team fit in to LERO.

Revision 3 of the LILCO Transition Plan at pages 2.1-3, 3.6-5, 3.6-8, and 3.9-1 through 3.3-3 (Attachment 3, pages 1 through 6) describes the job per-formed by the Radiation Health Coordinator; Figure 2.1-1 (page 2 of 4) of the LILCO Transition Plan (Attachment 4) shows how the Radiation Health Coordinator fits in to LERO.

The RAP program is an established program of the federal government, using an established procedure and organizational structure.

As the description of the RAP program (Attachment

5) shows, a designated RAP Team Captain is on call each month.

When a call for an emergency response comes in, the Captain im-4 mediately forms a RAP Team of five to six individuals from a pre-established list of members of the radiological staff of the Brookhaven National Laboratory Safety and Environmental Protection Division.

Other BNL specialists in the fields of medicine, public information, and security may be included as necessary to respond to a specific incident.

The Team also in-cludes a Coordinator from the Department of Energy's Brookhaven Area Office (Attachment 5 at 6-7).

The title and job description of Radiation Health Coordinator are clearly defined in the LILCO Transition Plan (Attachments 3 and 4).

Impell Corporation has agreed to

- c o provide personnel qualified in health physics to fill the LERO position of Radiation Health Cocedinator (Attachment 6).1/

At-tachment 6 will be included in Appendix B of the LILCO Transi-tion Plan in future revisions.

Contrary to the intervenors' contention, there is no re-quirement that the "name" of individual DOE personnel or other emergency workers such as the Radiation Health Coordinator be included in an emergency plan, and if there were, it would be a foolish requirement, since the names would undoubtedly change from time to time and therefore would require frequent revision of the plan.

As for titles and qualifications of DOE personnel, the program for providing qualified personnel for the RAP Team call for individuals to be enosen from a pre-established list of members of the radiological staff of the Brookhaven National Laboratory Safety and Environmental Protection Division, with other specialists in the fields of medicine, public informa-tion, and security available as well if needed to respond to a specific incident (Attachment 5 at 6-7).

There simply is no basis for contending that the United States Department of Ener-gy would supply unqualified personnel in response to a ra-diological emergency at Shoreham.

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The names of the Impell personnel who will serve as LERO workers, and the price terms contained in Attachment 6, have been obscured in the copies of agreements provided in discovery and attached to this motion,.as that-information is confiden-tial and not relevant to the subject of this litigation.

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, As for titles and qualifications of the Impell person-nel, Attachment 6 shows that personnel qualified in health physics will be provided by Impell Corporation to fill the LERO position of Radiation Health Coordinator.

The resumes of the Impell personnel currently used to fill the position of Radia-tion Health Coordinator are part of Attachment 6.

The resumes show that these personnel have extensive training and experi-ence in health physics, and are qualified to perform the tasks of the Radiation Health Coordinator.

III.

Conclusion The Department of Energy has an established program for responding to radiological energencies.

A Team Captain on call puts together a RAP Team from a pre-established list of ra-diological staff at Brookhaven National Laboratory.

Impell Corporation has agreed to provide personnel qualified in health physics to serve as LERO Radiation Health Coordinator.

The LILCO Transition Plan adequately shows how the DOE-RAP Team and the Radiation Health Coordinator fit in to the LERO organiza-tion.

Nothing more is required by the regulations or needed.

for an adequate emergency plan.

Accordingly, Contention 45 raises no material issue.of triable fact, and summary disposi-tion in LILCO's favor should be granted.

Respectfully submitted, LONG ISLAND LIGHTING COMPANY

-s o By /

Mf J ame's/A. Christm'an Kathy E. B. McCleskey Hunton & Williams P.O. Box 1535 707 East Main Street Richmond, VA 23212 DATED: February 13, 1984 l

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9 LILCO, February 13, 1984 Annex

-STATEMENT OF THE MATERIAL FACTS AS TO WHICH LILCO CONTENDS THAT THERE IS NO GENUINE ISSUE TO BE HEARD ON PHASE II EMERGENCY PLANNING CONTENTION 45 (DESIGNATION OF DOE PERSONNEL)

The following are the statements of material fact as to which LILCO contends there is no genuine issue to be heard under Contention 45:

1.

The LILCO Emergency Plan Rev. 3, at 3.5-2 and Fig-ure 2.1.1, details the DOE-RAP Team organization that will re-spond to a Shoreham emergency.

2.

The description of the DOE Radiological Assistance Program at pages 6 and 7 includes the team organization and re-sponse.

3.

The LILCO Emergency Plan Rev.

3, at 2.1-3, 3.6-5, 3.6-8, 3.9-1 through 3.9-3, and Figure 2.1.1 (page 2 of 4), de-tails the tasks of the Radiation Health Coordinator.

4.

Impell Corporation has agreed to provide personnel qualified in health physics to fill the position of LERO Radia-tion Health Coordinator.

5.

The contention states that these personnel are re-quired to be identified by "rame"; a review of the NUREG shows that only titles are required.