ML021360249
| ML021360249 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie, Turkey Point  |
| Issue date: | 04/26/2002 |
| From: | Zimmerman R NRC/NSIR/DIRO |
| To: | Dortch M US Federal Communications Commission (FCC) |
| References | |
| FCC File No. 0000820555 | |
| Download: ML021360249 (3) | |
Text
April 26, 2002 Marlene H. Dortch, Secretary Federal Communications Commission 445 12th Street, S.W.
Room TW-B204 Washington, D.C. 20554
Reference:
In the Matter of Aeronautical Radio, Inc. (Application for Private Land Mobile Radio Services, Ft. Lauderdale, Florida, and Request for Waiver of Short-Spacing Requirements and Inter-Category Sharing Freeze), FCC File No. 0000820555
Dear Ms. Dortch:
It has been brought to our attention by Florida Power & Light Company (FPL), a licensee of the Nuclear Regulatory Commission (NRC), that the Federal Communications Commission is considering the referenced application. The NRC, through its staff, wishes to bring to your attention its concern about the potential impact of the FCCs resolution of this matter on the ability of FPL to comply with NRC requirements regarding the security of FPLs Turkey Point and St. Lucie nuclear facilities and FPLs ability to satisfy emergency preparedness requirements applicable to those facilities.
I and other NRC officials with responsibility for NRCs regulatory requirements and oversight programs regarding physical protection and safeguards of nuclear facilities and materials and emergency planning have carefully read FPLs Petition to Deny filed on April 22, 2002, in this matter. In particular, we have read FPLs statements in the Summary and sections II.B. and III.A. of its Petition to Deny regarding NRC requirements relevant to this matter. We wish to confirm the accuracy of those statements summarizing NRCs security and emergency preparedness regulation.
We have also carefully read FPLs statements in those sections describing the adverse affects on FPLs ability to satisfy those requirements if FPL does not have continuously available to it a reliable frequency to communicate regarding security and emergency preparedness, for both routine communications and in the event an actual threat, attack or safety event. The NRC strongly agrees with and shares FPLs concerns in these regards.
Finally, we have carefully read in those sections FPLs brief description of the NRCs enforcement authority if FPL does not fully comply with applicable requirements, and we agree with those statements.
As you undoubtedly are aware, the NRC has taken significant steps since the tragic terrorist attacks of September 11th to enhance security around the Nations nuclear facilities. These steps include the issuance on February 25, 2002, of orders to all operating nuclear power reactor licensees, such as FPL, requiring substantial upgrades of security. Now, more than ever, we cannot risk any degradation of the ability of nuclear reactor or other nuclear licensees
M. H. Dortch to protect the public health and safety and common defense and security. The inability of FPL to satisfy NRCs security and emergency preparedness requirements due to the unavailability of continuous and reliable communications would constitute an unacceptable risk.
In summary, the NRC urges the FCC to consider the adverse impact on FPLs ability to protect public health and safety in accordance with NRC requirements if FPL does not have available to it a means of continuous and reliable communication to satisfy NRCs security and emergency preparedness requirements.
Sincerely,
(/RA by Michael F. Weber for R. Zimmerman)
Roy P. Zimmerman, Director Office of Nuclear Security and Incident Response cc:
Alan S. Tilles, Esq.
Shulman, Rogers, Gandal, Pordy & Ecker, P.A.
11921 Rockville Pike, Third Floor Rockville, Maryland 20852 Mitchell S. Ross Florida Power & Light Company 700 Universe Blvd.
Juno Beach, Florida 33408 Nancy K. Spooner Swidler, Berlin, Shereff, and Friedman 3000 K Street, N.W., Suite 300 Washington, D.C. 20007
M. H. Dortch to protect the public health and safety and common defense and security. The inability of FPL to satisfy NRCs security and emergency preparedness requirements due to the unavailability of continuous and reliable communications would constitute an unacceptable risk.
In summary, the NRC urges the FCC to consider the adverse impact on FPLs ability to protect public health and safety in accordance with NRC requirements if FPL does not have available to it a means of continuous and reliable communication to satisfy NRCs security and emergency preparedness requirements.
Sincerely,
(/RA by Michael F. Weber for R. Zimmerman)
Roy P. Zimmerman, Director Office of Nuclear Security and Incident Response cc:
Alan S. Tilles, Esq.
Shulman, Rogers, Gandal, Pordy & Ecker, P.A.
11921 Rockville Pike, Third Floor Rockville, Maryland 20852 Mitchell S. Ross Florida Power & Light Company 700 Universe Blvd.
Juno Beach, Florida 33408 Nancy K. Spooner Swidler, Berlin, Shereff, and Friedman 3000 K Street, N.W., Suite 300 Washington, D.C. 20007 DISTRIBUTION:
NSIR R/F DISK/DOCUMENT NAME:
C:\\ORPCheckout\\FileNET\\ML021360249.wpd
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Non-Sensitive OFC TA:NSIR OGC D:DIPM:NRR D:DNS:NSIR D:NSIR NAME GASmith:jc JLGoldberg (NLO via email)
BABoger (TQuay for BAB)
GTracy (JHolonich for GT)
RPZimmerman (MWeber for RPZ)
DATE 04/25/02 04/25/02 04/25/02 04/25/02 04/26/02 OFFICIAL RECORD COPY