ML031740470
| ML031740470 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 07/03/2003 |
| From: | Collins S Office of Nuclear Reactor Regulation |
| To: | Blumenthal R State of CT |
| Eads J, NRR/DLPM, 415-1471 | |
| Shared Package | |
| ML031740705 | List: |
| References | |
| 2.206, FOIA/PA-2003-0379, FOIA/PA-2003-0388, TAC MB8722, TAC MB8723 | |
| Download: ML031740470 (9) | |
Text
July 3, 2003 The Honorable Richard Blumenthal Attorney General State of Connecticut Hartford, CT 06141-0120
Dear Mr. Attorney General:
Your petition dated April 23, 2003, and addressed to the U.S. Nuclear Regulatory Commission (NRC) Executive Director for Operations has been referred to me pursuant to 10 CFR 2.206 of the Commissions regulations, along with the June 3, 2003, supplement to the petition. You requested that the NRC (1) order the licensee for the Indian Point Nuclear Generating Unit Nos.
2 and 3 (IP2 and 3) to conduct a full review of the facilitys vulnerabilities, security measures, and evacuation plans and to suspend operations, revoke the operating license, or adopt other measures resulting in a temporary shutdown of IP2 and 3; (2) require the licensee to provide information documenting the existing security measures which provide the Indian Point facility with protection against terrorist attacks; (3) immediately modify the IP2 and 3 operating licenses to mandate a defense and security system sufficient to protect the entire facility from a land-or water-based terrorist attack; (4) order the revision of the licensees Emergency Response Plan and the Radiological Emergency Response Plans of the State of New York and the nearby counties to account for possible terrorist attacks, and (5) take prompt action to permanently retire the facility if, after conducting a full review of the facilitys vulnerabilities, security measures, and evacuation plans, the NRC cannot sufficiently ensure the security of the IP facility against terrorist threats, or cannot ensure the safety of New York and Connecticut citizens in the event of an accident or terrorist attack.
As the basis for your request, you state that (1) the IP Radiological Emergency Preparedness Plan (REPP) fails to adequately inform the public in the event of a radiological emergency and relies upon selective release of critical information and irrational and unenforceable secrecy; (2) the IP REPP fails to address voluntary evacuation as required by NRC guidance documents; (3) the IP REPP fails to address family separation in its analysis of evacuation times; (4) the IP REPP fails to meet requirements for protection of foodstuffs and drinking water in 50-mile ingestion exposure pathway emergency planning zone; (5) the evacuation travel time estimates for the IP REPP fail to meet NUREG-0654/FEMA-REP-1; (6) the IP REPP fails to address administering radioprotective drugs to general population; (7) the IP REPP does not adequately address the possibility of a terrorist attack; (8) IP and NRC personnel and resources confront dual challenges when ensuring security at an operational facility; (9) the spent fuel storage facility is vulnerable to terrorist attack; (10) the security forces at nuclear power plants have repeatedly failed to repel mock terrorist attackers; and (11) catastrophic effects (Illness and fatality data, economic loss data, and environmental consequences) will result from a terrorist attack on IP.
Your office participated in a teleconference with our Petition Review Board (PRB) on June 19, 2003, to discuss your petition (transcript enclosed). The results of that discussion have been considered in the PRBs determination regarding your request for immediate action and in establishing the schedule for the review of your petition. The PRB has determined that the request will be treated pursuant to Title 10 of the Code of Federal Regulations (10 CFR)
Section 2.206 of the Commission's regulations.
In response to your requests for immediate actions contained in items 1, 2, 3, and 4 above, the NRC has, in effect, partially granted your requests. Immediately after the September 11, 2001, terrorist attacks, the NRC issued numerous advisories to nuclear facilities, including IP2 and 3, to describe threat conditions and to recommend additional security measures. The licensees voluntarily implemented enhancements in response to these advisories and their own assessments. On February 25, 2002, the NRC issued orders to all commercial nuclear power plants to implement interim compensatory security measures for the high-level threat environment. In addition, the NRC has conducted a comprehensive review of its security and safeguards programs, including the design basis threat (DBT), in conjunction with the Intelligence Community, Federal law enforcement, the Department of Defense, the Department of Energy, the Department of Homeland Security, appropriately cleared State and local officials, and the industry. As a result, the NRC has recently issued orders to all plants, including IP2 and 3, modifying their licenses. On April 29, 2003, after extensive deliberation and interaction with appropriately cleared stakeholders, the NRC issued orders changing the DBT. The Commission believes that the DBT represents the largest reasonable threat against which a regulated private guard force should be expected to defend under existing law. Two other orders were issued to nuclear plants on April 29, 2003, regarding work hours, training, and qualification requirements for security personnel. The NRC continues to work with other Federal agencies, and is monitoring all relevant information it receives on security matters at nuclear facilities. We are prepared to make immediate adjustments as necessary to continue to assure adequate protection of the public.
Although we cannot rule out the possibility of future terrorist activity directed at one of our licensee sites, we believe that these facilities can continue to operate safely. Nuclear power plants are inherently rugged. Their design is based on defense-in-depth principles, and includes many features to protect public health and safety. For example, reinforced containment buildings and redundant safety systems would help trained operators to prevent or limit the release of radioactive material in the unlikely event of a terrorist attack. Therefore, in light of the facilitys defense-in-depth and the heightened security measures implemented in response to the events of September 11, we do not consider the immediate closure of IP2 and 3 necessary to provide adequate protection of public health and safety.
As provided by Section 2.206, we will take action on your request within a reasonable time. I have assigned Mr. Johnny Eads to be the petition manager for your petition. Mr. Eads can be reached at 301-415-1471 (e-mail: jhe@nrc.gov). Your petition is being reviewed by members of the NRCs Office of Nuclear Reactor Regulation. I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication. Although previously provided to you, I have also enclosed another copy of Management Directive 8.11, Review Process for 10 CFR 2.206 Petitions, and the associated brochure NUREG/BR-0200, Public Petition Process, prepared by the NRC Office of Public Affairs.
Sincerely,
/RA/
Samuel J. Collins, Director Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286
Enclosures:
- 1. Federal Register Notice
- 4. Transcript of June 19, 2003, Teleconference cc w/encls: See next page
Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:
Directive 8.11, Review Process for 10 CFR 2.206 Petitions, and the associated brochure NUREG/BR-0200, Public Petition Process, prepared by the NRC Office of Public Affairs.
Sincerely,
/RA/
Samuel J. Collins, Director Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286
Enclosures:
- 1. Federal Register Notice
- 4. Transcript of June 19, 2003, Teleconference cc w/encls: See next page DISTRIBUTION:
PUBLIC EDO GT20030216 PDI-1 R/F (w/inc)
W. Travers W. Kane C. Paperiello P. Norry W. Dean K. Cyr/S. Burns M. Virgilio, NMSS S. Collins B. Sheron W. Borchardt H. Miller, R-I R. Zimmerman, NSIR J. Zwolinski/T. Marsh H. Berkow R. Laufer J. Goldberg, OGC P. Lohaus, STP P. Eselgroth, R-I P. Milano S. Morris S. Little R. Bores, R-I C. Schum, OEDO R. Clark J. Arildsen SECY OPA OCA OSP T. Gorham (GT20030216)
P. Milligan K. Johnson T. Clark E. Weiss INCOMING NO: ML031220048 ACCESSION NO: ML031740470 PACKAGE: ML031740705 Federal Register Notice: ML031740675
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PRB/Coord*
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Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:
Mr. Gary Taylor Chief Executive Officer Entergy Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Mr. John Herron Senior Vice President and Chief Operating Officer Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Fred Dacimo Vice President, Operations Entergy Nuclear Operations, Inc.
Indian Point Energy Center 295 Broadway, Suite 2 P.O. Box 249 Buchanan, NY 10511-0249 Mr. Christopher Schwarz General Manager, Plant Operations Entergy Nuclear Operations, Inc.
Indian Point Energy Center 295 Broadway, Suite 2 P.O. Box 249 Buchanan, NY 10511-0249 Mr. Dan Pace Vice President Engineering Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Randall Edington Vice President Operations Support Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. John Kelly Director, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Ms. Charlene Faison Manager, Licensing Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Director of Oversight Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. James Comiotes Director, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.
Indian Point Energy Center 295 Broadway, Suite 2 P.O. Box 249 Buchanan, NY 10511-0249 Mr. John McCann Manager, Licensing Entergy Nuclear Operations, Inc.
Indian Point Energy Center 295 Broadway, Suite 2 P. O. Box 249 Buchanan, NY 10511-0249 Mr. John M. Fulton Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Senior Resident Inspector, Indian Point 2 U. S. Nuclear Regulatory Commission 295 Broadway, Suite 1 P.O. Box 38 Buchanan, NY 10511-0038
Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:
Senior Resident Inspector, Indian Point 3 U. S. Nuclear Regulatory Commission 295 Broadway, Suite 1 P.O. Box 337 Buchanan, NY 10511-0337 Mr. Peter R. Smith, Acting President New York State Energy, Research, and Development Authority Corporate Plaza West 286 Washington Avenue Extension Albany, NY 12203-6399 Mr. J. Spath, Program Director New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Mr. Paul Eddy Electric Division New York State Department of Public Service 3 Empire State Plaza, 10th Floor Albany, NY 12223 Mr. Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Mayor, Village of Buchanan 236 Tate Avenue Buchanan, NY 10511 Mr. Ray Albanese Executive Chair Four County Nuclear Safety Committee Westchester County Fire Training Center 4 Dana Road Valhalla, NY 10592 Ms. Stacey Lousteau Treasury Department Entergy Services, Inc.
639 Loyola Avenue Mail Stop: L-ENT-15E New Orleans, LA 70113 Mr. William DiProfio PWR SRC ConsultaNT 139 Depot Road East Kingston, NH 03827 Mr. Dan C. Poole PWR SRC Consultant 20 Captains Cove Road Inglis, FL 34449 Mr. William T. Russell PWR SRC Consultant 400 Plantation Lane Stevensville, MD 21666-3232 Alex Matthiessen Executive Director Riverkeeper, Inc.
25 Wing & Wing Garrison, NY 10524 Paul Leventhal The Nuclear Control Institute 1000 Connecticut Avenue NW Suite 410 Washington, DC, 20036 Karl Copeland Pace Environmental Litigation Clinic 78 No. Broadway White Plains, NY 10603 Jim Riccio Greenpeace 702 H Street, NW Suite 300 Washington, DC 20001
Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:
Mr. Michael Kansler, President Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10611