ML20073P483
| ML20073P483 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 04/20/1983 |
| From: | Simpson J CHRISTY, W., SALAVA, M.E., INTERVENOR, SIMPSON, J.M. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8304250222 | |
| Download: ML20073P483 (10) | |
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UNITED STATES OF AMERICA 00gEJE0 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSIN O D In the Matter of )
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KANSAS GAS AND ELECTRIC COMPANY ) Docket No. 50-482 et al. )
)
(Wolf Creek Generating Station, )
Unit No.1)
INTERVENORS' RESPONSE TO APPLICANTS' RESPONSE TO INTERVENORS' OBJECTIONS TO PREHEARING CONFERENCE ORDER This response is filed in accordance with the Board's Order dated April 8,1983, whereby all parties were given permission to reply to the Inter-venors' Objection to Prehearing Conference Order.
AMENDMENT OF CONTENTIONS
- 1. The Intervenors offer the following in support of their request to amend the Prehearing Conference Order to reflect "an agreement among the parties regarding amendments to the Stipulation of Contentions."
- 2. At a recess during the Prehearing Conference on March 10,1983, the Intervenors' attorney (hereafter called attorney) discussed the filing of
" Proposed Stipulation of Contentions" with the Applicants' attornies and the attornies for the staff and FEMA. At that discussion, the attorney expressed concern about agreeing to stipulations and then having circumstances arise 8304250222 830420 gDRADOCK 05000482 PDR s
thereafter which would cause the Intervenors to want to amend the stipulations.
The attorney believes that as a result of that discussion there was agreement that the contentions could be amended as requested by the intervenors. When the hearing resumed, the attorney stated to the Board the desire of the Intervenors to be able to amend the contentions at a later time. (See Transcript, page 139) Since neither the staff, FEMA, or the Applicants objected to the attorney's statement, which came immediately after the recess, he assumed that they had accepted his position and that there was an agreement to permit amendments.
- 3. Subsequent to the adoption of a stipulation about contentions, the FEMA findings about the adequacy of the emergency plans will be filed, the NRC rules could diange, and the plans prepared by Kansas Gas and Electric Company, the State of Kansas, and Coffey County, may be aniended. If that occurs, the Intervenors want to be able to ask the Board to determine that good cause exists to allow the Intervenors to amend the stipulations to reflect any such event that occurs after the date of the Prehearing Conference. It was the concern of the Intervenors, and still is, that if they agree to the stipu-
!ations, it might be contended by the Applicants, the Board, the staff or FEMA that the Intervenors had waived their right to amend those stipulations based upon due cause, due to a change in circumstances.
! 4. The Applicants in their response, dated April 15,1983, page 3, i acknowledge that Intervenors are entitled to amend their contentions upon a showing of good cause. The staff also agrees that there is a basis for the amendment of the contentions (Page 2. Staff's Reply, dated April 15, 1983). ,
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- 5. Therefore, the Intervenors will withdraw their objection raised in paragraph 2 of their " Objection to Prehearing Conference Order"if the Board will order that upon a showing of good cause,(or as specified on page 2 of the Staff's reply) the contentions of the Intervenors can be amended af ter the Stipulation of Contentions is accepted.
ADDITIONAL WITNESSES
- 6. The Intervenors offer the following in support of their request that they be allowed to call as witnesses employees of the Kansas Department of Transportation and employees of the Kansas Highway Patro!
- 7. The Intervenors acknowledge that they received copies of the 1981 draft of the Kansas Plan in 1981 and 1982 as indicated by the Applicants in their response to the Intervenors' Objection
- 8. The copies of the Kansas draft received by the Intervenors failed to contain substantial detail of the plan. For example, many parts of the Table of Contents stated that material would be "added later". See attached pages ix - xii of the Table of Contents of the 1981 draf t of the Kansas Plan.
- 9. In January and in February 1983, the attorney for Intervenors contacted Leon Mannell, the Kansas Radiologica! Systems Administrator, who is responsible for drafting the Kansas Plan. Mr. Mannell advised the under signed that the new draft of the Kansas Plan was being prepared and that it would be substantially different from the 1981 draf t.
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- 10. In May 1982 and in January and February,1983, the Intervenor's attorney contacted Steve Ferris at the FEMA Region 7 office in Kansas City and discussed with him the status of the latest draf t of the Kansas Plan. The undersigned was told by Mr. Ferris that the draft would probably be different from the 1981 draft,
- 11. Therefore, based on the matters set forth in paragraphs 8 - 10, the Intervenors felt it would be an unwise use of their time to review in detail the 1981 draft that would later be substantially changed.
- 12. Consequently, the Intervenors decided to wait until the 1983 draf t of the Kansas Plan was available and then review it to determine what contentions to raise about it and which witnesses to call. Immediately after receiving the 1983 draft of the Kansas Plan, it was reviewed by the Intervenors. On March 30,1983,(only 21 days after receiving the draf t of the plan) the Intervenors by their Objection to the Prehearing Conference Order notified all parties and the Board that they wish to call the additional witnesses. This was only 20 days after the Applicants and other parties were advised of the other witnesses that the Intervenors desire to call. This would seem to be adequate notice to all parties. If the Intervenors are allowed to add the additional witnesses the Applicants and other parties will still have an adequate amount of time to prepare for the hearings commencing in September and will be able to prepare to meet any testimony offered by the additional witnesses.
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- 13. Therefore, the Intervenors' Request to Call Additional Witnesses should be allowed by the Board.
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3dhn M. Si~mpson Attorney for Intervenors -
Mary Ellen Salava 'and' Wanda Christy 4350 Johnson Drive, Suite 120 Shawnee Mission, KS 66205 (913) 384-9144 Dated: April 20 ,1983.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board in the Matter of )
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KANSAS GAS AND ELECTRIC COMPANY, et. al. ) Docket No. 50-482
)
(Wolf Creek Generating Station, )
Unit No.1) )
CERTIFICATE OF SERVICE This is to certify that a copy of the "Intervenors' Response to Applicants' Response to Intervenors' Objections to Prehearing Conference Order" has been served on each of the following by deposit in the U.S. Mail, first class on 2,0 ,1983.
James A. Laurenson, Chairman Kent M. Ragsdale Atomic Safety and Licensing General Counsel Board Panel Missouri Public Service Commission U.S. Nuclear Regulatory Commission P.O. Box 360 Washington, DC 20555 Jefferson City, MO 65102 5
r" Dr. George C. Anderson Eric A. Eisen, Esquire Department of Oceanography Birch, Horton, Bittner & Monroe University of Washington 1140 Connecticut Avenue, N.W.
Seattle, WA 98195 Washington, DC 20036 Myron Karman, Esquire A. Scott Cauger, Esquire Deputy Assistant Chief Hearing Assistant, General Counsel Counsel Missouri Public Service Commission Office of the Executive Legal Director P.O. Box 360 U.S. Nuclear Regulatory Commission Jefierson City, MO 65102 Washington, DC 20555 Hugh C. Paxton Atomic Safety and Licensing Board 1229 West 41st St. U.S. Nuclear Regulatory Commission Los Alamos, NM 87544 Washington, DC 20006 Jay Silberg, Esquire Docketing and Service Section Shaw, Pittman, Potts, & Trowbridge Office of the Secretary 1800 M Street, N.W. U.S. Nuclear Regulatory Commission Washington, DC 20006 Washington, DC 20555 C. Edward Peterson, Esquire Brian P. Cassidy Assistant General Counsel Regional Counsel Kansas Corporation Commission Federal Emergency Management Agency
. State Office Building - 4th Floor Region 1 Topeka, KS 66612 J.W. McCormack POCH Boston, MA 02109 Wanda Christy Mary Ellen Salava 315 N. First Street Route 1, Box 56 Burlington, KS 66839 Burlington, KS 66839 Kansans for Sensible Energy Atomic Safety and Licensing Appeal Board P.O. Box 3192 U.S. Nuclear Regulatory Commission Wichita, KS 67201 Washington, DC 20555
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J3n M. Simpson 6
NUCLEAR FACILITIES INCIDENTS RESPONSE PLAN ANNEX A TABLE OF CONTENTS PAGE ASSISTANCE R NUCLEAR EMERGENCIES AR-1 Record of Changes i Distribution 11 Cross Reference Table iv Table of Contents ix .
TAB A ANNEX A TO ASSISTANCE R Nuclear Facilities Incidents Response Plan A-I Forward A-1 General Requirements A-1 Scope A-1 Nuclear Facilities A-2 TAB B ASSIGNMENT OF RESPONSIBILITY Assignment of Responsibilities B-1
- l Authorities and References B-6 Federal Government B-7 State Government B-14 Local Government B-21 Private Sector B-23 Functions and Assignments B-26 TAB C EMERGENCY RESPONSE SUPPORT AND RESOURCES Emergency Response Support and Resources C-1 Support Under National Radiological C-1 Emergency Preparedness N o ti f i c a t i o ns /R eq u e s ts/C oo rd i n a ti o n C-2 IX
TABLE OF CONTENTS (continued)
PAGE TAB D EMERGENCY CLASSIFICATIONS SYSTEM Emergency Classifications System - D-1 Notification of Unusual Event D-3 Alert D-6 Site Emergency D-9 General Emergency 0-12 TAB E NOTIFICATION METHODS AND PROCEDURES Notification Methods and Procedures E-1 Notification E-1 Coordination E-2 Notification E-4 ,
State E-4 Coope r E-5 Wolf Creek E-5-1 Warning E-6 Messages E-8 TAB F EMERGENCY COMMUNICATIONS Utili ties F-1 State Government F-2 Local Government TO BE ADDED LATER Volunteers TO BE ADDED LATER TAB G PUBLIC INFORMATION TO BE ADDED LATER X
TABLE OF CONTENTS (continued)
PAGE TAB H EMERGENCY FACILITIES AND EQUIPitENT State Government .
H-1 Local Government TO BE ADDED LATER TAB I ACCIDENT ASSESSMENT TO BE ADDED LATER State Government TO BE ADDED LATER Local Government TO BE ADDED LATER TAB J PROTECTIVE RESPONSE _ ,. /, -
State Government J-2 Local Government See Local Government tab in this section TAB K RADIOLOGICAL EXPOSURE CONTROL 7
Dosimetry K-2 Decontamination TO BE ADDED LATER Evacuees TO BE ADDED LATER TAB L MEDICAL AND PUBLIC HEALTH SUPPORT <
l Medical Services Facilities L-2 TAB M RECOVERY AND RE-ENTRY PLANNING AND TO BE POST-ACCIDENT OPERATIONS ADDED LATER t
TAB N EXERCISES AND DRILLS q Exercises N-2 Drills N-3
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TABLE 0F CONTENTS (continued)
PAGE TAB 0 RADIOLOGICAL EllERGENCY RESPONSE TRAINING Radiological Emergency Response Training 0-1 Pu rpose 0-1 Radiological Emergency Response Training 0-1 State Government 0-3 Local Government ' 0-5 TAB P PLANNING TO BE ADDED LATER State Government TO BE ADDED LATER Local Government TO BE ADDED LATER xii
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