IA-91-282, Forwards Written Statement Submitted by Sp Russo for ECCS Subcommittee Meeting on 770129,for Info.W/O Encl
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. UNITED STATES
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' ,1 NUCLEAR REGULATORY COMMISSION
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f ADVis0RY COMMITTEE ON ME ACTOR SAFEQUARDS WASHINQ tDN, D. C. 20566 February 11,1977 E. G. Case, Office of Nuclear Reactor Regulation
. V. Stello, Div. of Operating Reactors R. S. Boyd, Div. of Project Management I i R. Heineman, Div. of Systems Safety H. Denton, Div of Site Safety & Env. Analysis E. Volgenau, Office of Inspection & Enforcement i
! I 1 TRANSMITTAL OF WRITTEN STATEMENT RECEIVED FROM THE PUBLIC BY THE ACRS l l
' The attached written statement was submitted by Steven P. Russo, for !
!_ the ECCS Subcommittee Meeting on January 29,1977. This item is pro- l vided for your information, j
% W Thomas G. McCreless, Chief Project Review Branch No. 2 l
Attachment:
Public Statement by S.P. Russo
_ dated January 21, 1977 cc: J. Evans, NRC, PDR
) J. A. Harris Director, OPA-ACRS Staff Members ACRS Consultants: =1. Catton l
i K. Gar 11d J. Lee R. Shumway T. The.:fanous F. Zaloudek l
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. .i : . n .v.;,03 Mr. Thoncs G. McCrcless Nuelcar Regulatory Commissic,n Advicory Committcc on Reactor Safeguards Washington, D.C. 20555 We. Janunty 29, 1977 ECCS meeting Exxon Nuclear Comps.ny, lac. - Jersey Central Power
& Light Co.
Oyster Creek Nuclear Generating Station Deat-Mr McCrcless:
Piccse be advised that I represent Scnds Point Harbor. Inc.,
Philip Maimone, Utison T. Crisman and Ruth L. Crisman, who all own property bordering on Oyster Creek in the immediate vicinity of the Oyrter Crcek Nuclear Generating Station, which is cwned and operated bv Jersey Central Power & Light Cc.
Ecccuse of their very close proximity to the station, they have a paramount concern tha*. adequate reactor safeguards be imposed at thir facility. M-j clients have asked me to submit this written statement proposing mandatory monetary penalties to the Advisory Committee on Reactor Safeguards for the Committee's censideration in determining what recommendations it shall make concerning public health and safety.
Honc. of-my clients is a nuclear scientist nor will they attempt to impersonate one during this proceeding. The suggestion of mandatory monetary penalties is intended to supplement and give ,
added meaning to the ultimate recommendations made by the Com-cittee concerning the Energency Core Cooling Systems proposed by Exxon Nuclear Company, Inc. My clients only wish to assist the Committee to accompli;h its mission of protecting the health and safety of the public, t
My clients have extensively researched the performance record of Jersey Central in its operation of the Oyster Creek Nuclear Generating _Statien. As a result of their investigation my clients have become involved in several administrative proceedings in an effort to have meaningful conditions imposed upon Jersey Centr &l's opcrating license. With regard to the statien operation n.y clients have a petition pending before the HRC to intervene in proceedings pend *ng before that agency. In addition, my clients 7-iC9f ? p g ,
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S r.t vm! P.11 t 8 80 MfoRNcY M LAW January 21, 1977
\ Page 2 have aircady intervened before the EPA conccrning Jersey Central's pollution discharge mermit. My clients are presenting issues which do not now concern t ais Committec and I shall not outline them here. My clients became involved in those two proceedings because of their concern for the safe operation of the nucicar station in a manner that will not be detrimental to public health, safety and property.
One fact that is very clear in administrative proceedings is that the present mood of the country to find alternate power sources is causing agencies to sacrifice public health and safety. In so doing the povar companies become the regulators, not the administrative agtucies. The power companies are dictating what restrictions should be imposed, and these conditions they will abide by and those that they will not. It is time the pendulum swung back in favor of ad-ministrative agencies.
Tne most frustrating aspect of the conditions and regulations im-posed by administrative agencies is that they are seemingly violated by a power company with little or no consequences. The public records room is replete with instances where Jersey Central has violated conditions imposed en its operating license. But, in the interest of supplying powcr, conditions are compromised to the general detri-ment of the public health and safcty.
Jersey Central, while being a regulated public utility is nonetheless a profit making organization. My clients urge the Committee to recoma.end reasonabic guidelines for a mandatory monetary enforcement procedure. Such penalties would provide administrative agencies with procedures permitting the enforcement of the conditions they imposc. Such penaltier would have to be absorbed out of the profits of the company as the Public Utilities Commissioners would not raise Jersey Central's rates to permit the collection of such penalties from its consumers. This incentive system would act to control the arrogant disregard of the regulatory process now in existence. My clients intend to seek the imposition of monetary penalties in every administrative forum in which they appear, in an effort to make Jersey Central and other power companies realize that they have a .
duty to protect the public health and safety.
I would respectfully request that the Committee recommend the im-position of monetary penalties for a violation of any limiting con-ditions for operation which are imposed on the Emergency Core Cool-ing Systems. Such a penalty system will act to put the responsibility for public safety where it belongs,with the company.
In behalf of my clients I thank the Committee for this opportunity to be heard on this natter.
Very/t ruly yo'as, 4- . . ). A
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SPR:nt EVEN P. RUSSO cc: Mr. Philip Maimone NEtsfdeSt alfh0EE^&LightCo.
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