ML032591150

LTR-03-0593 - Ltr. Sen. Christopher Dodd Concerns About the Emergency Preparedness Program for the Indian Point Nuclear Power Plant

ML032591150
Person / Time
Site:	Indian Point
Issue date:	07/01/2003
From:	Dodd C, Lieberman J US SEN (Senate)
To:	Allbaugh J, Diaz N NRC/Chairman, Federal Emergency Management Agency
Shared Package
ml032681165	List: ML032591150
References
CORR-03-0164, FOIA/PA-2007-0093, LTR-03-0593
Download: ML032591150 (11)

Text

.4 'ok OFFICE OFTHE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed:Sep 11,2003 17.47 PAPER NUMBER: LTR-03-0593 LOGGING DATE: 09/11 2003 ACTION OFFICE: OGC AUTHOR. Sen. Christopher Dodd AFFILIATION: SEN ADDRESSEE: Nis Diaz

SUBJECT:

Concerns about the emergency preparedness program for the Indian Point nuclear power plant ACTION: Signature of Chairman DISTRIBUTION: EDO, RF LETTER DATE: 07/01t2003 ACKNOWLEDGED No SPECIAL HANDLING: Comm Correspondence NOTES: Please note attached letter from FEMA to:

Sen. Joseph Lieberman-Sept 3, 2003 Sen. Christopher Dodd-Sept 3, 2003 Hon. George Pataki--July 25,2003 FILE LOCATION: ADAMS DATE DUE: 09t26/2003 DATE SIGNED:

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-ljnited ,stest Vcnate WASHINGTON, DC 20510 July 1, 2003 The Honorable Nils J. Diaz Chairman Nuclear Regulatory Commission Washington, D.C. 20555 The Honorable Joseph Allbaugh Director Federal Emergency Management Agency U.S. Department of Homeland Security 500 C Street S.W.

Washington, D.C. 20472

Dear Chairman Diaz and Director Allbauli:

On February 25, 2003, we wrote to then-Chairmn Meserve and Dircwtor Allbaugh to express our serious concerns about the emergency preparedness program for the Indian Point nuclear power planL On April 29,2003 Chairman Meserve responri.d, conveying the willingness of the Nuclear atry Commission (NRC) to assist the Federal Emergency Management Agency (ENMA) in the timely resolution of its assessment of the Indian Point program.

We are writing to demand a prompt and complete written response from FEMA and the NRC to the concerns expressed mn itciFebruary 2S, 2wuM letter (copy enclosed) anil mu up>-date on aep-h enemerrency pan nin so fc tian Po an March 2003, James Lee Witt Associates, Inc., released its final assessment of the emergency preparedness for the area surrounding the Man Point plant and for that portion of New York in close proximity to the Millstone Plant in Connecticut The firal report contains the same disturbing findings about the plant's lack of preparedness. In addition, as we noted in the February 25, 2003 letter, FEMA Region Ul's February 21, 2003 Emergency Planning Report established a process by which the State of New York and its counties would be required to submit missing emergency preparedness certifications by May 2, or FEMA Region It would notify FEMA Headquarters that assurance could not be provided as to the adequacy of the plans to protect public safetyt and health, with further action to follow. May 2 has passed. What was FEMA's response and what actions does it now plan to take?

The NRC and FEMA bear primary responsibility, with the critical support of State and local emergency management personnel, for comprehensive emergency planning to protect the hundreds of thousands of citizens of Connecticut and New Yorl:

who lieve in close proximity to the Indian Point plant. It is vital that they act with alacr..ty

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to assure the security of this plant and protect the public. Please respond to this Leatir by no later than August 1, 2003. - -

Sincerely, eph L Lieberman stopher J. Dodd United States Senator - United States Senator Enclosure 2

I lanited utm Smlatt WASHINGTON, DC 20510 Febrary25; 2003 The Honorable Richard A. Meserve Chairman Nuclear Regulatory Commission Washington, D.C. 20555 The Honorable Joseph Allbaugh Director Federal Emergency Management Agency 500 C Street, S.W.

Washington, D.C. 20472

Dear Chairman Meserve and Director Allbaugh:

We mce writing to express our very serious concerns about The emergency preparedness program for the Indian Point nuclear power plant The Nuclear Regu itory Commission (NRC) and the Federal Emergency Management Agency FMvA) bear primary responsibfity, with the critical support of State and local emergency management personnel, for comprehensive emergency planning to protect the hundrmds of thousands of citizens of Conecticut and New Yorkwho live in close proximity to the Indiam Point plant We are greatly troubled by a series of recent events that calls into serious question FMA's ability to effectively evacuate and protect residents surrounding the Indian :Point plant under the plant's approved 2001 cmergecy preparedness plan. A brief recital of recent events is:

4* Release of the Draft Witt Report: On January 10, 2003, James Lee Witt Associates, hic., a research finn founded by a former FEMA head, released a comprehensive draft assessment of emergency preparedness for the area suromidirig the Indian Point plant and for that portion of New York in close proximity to the Millstone Plant in Connecticut Ihe draft report, which is expected to become iinal following a short period of public comment, finds that "the current radiological response system and capabilities are not adequate to . . .

protect the people from an unacceptable dose of radiation mithe vent of a release from Indian Point, especially if the release is faster or larger than the design basis release."

.' FEMA Denial o fthe New 'ork Petition to Withdrawt FEMA Approval of the Current Plan: On June 17,2002, New York Assemblyman Richard L. Brodty, V with others, filed a petition with PEMA to withdraw FEMA's approval of the

I fundamental safety and security concerns jeopardizes the integrity of the FEMA and NRC emergency plamning and certificafionprocess. Werequest that the NRC esjrethe expeditious resolution ofthis matter.

All of us are keenly aware of the understanable increase m concerns about the safety and security of nuclear powerplants in the wake of September 11, 2001. The imminent likelhood of war with Iraq and the increase in the terrorist alert warning level to Codz Orange, havm heightened th imprtance of adequate emergency planning 10 ensiure public safety and the secpnity of nuclearpowerplants like ndian Point Tht is why it is vital that FEMA act with alacrity to asse the security of this plant and protet the public.

Thank you for your consideration and prompt response to the important issues raised in this letter.

A/, / E~~~icerey, Joseph L Lieberman CChristopher Dodd United States Senator United States Senator 9

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Federal Emergency Management Agency Washington, D.C. 20472 SEP 3 200D LA) -

The Honorable Joseph I Lieberman United States Senate Washington, DC 20510 s.

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Dear Senator Lieberman:

This letter responds to your letters of February 25, 2003, and July 1, 2003, concerning the status of offsite planning and preparedness in connection with the Indian Point Energy Center in Buchanan, New York (Indian Point). The Federal Emergency Management Agency (FEMA) is now incorporated within the Emergency Preparedness and Response Directorate of the Department of Homeland Security.

On July 25, 2003, FEMA sent a letter to Governor Pataki stating that FEMA has reasonable assurance that appropriate measures to protect the public health and safety have been developed and can be implemented for Indian Point (enclosure). As you know, responsibilities for nuclear energy centers are shared among numerous entities. The Nuclear Regulatory Commission (NRC) has on-site security responsibilities for Indian Point and FEMA coordinates its responsibilities for reviewing the offsite emergency preparedness of New York State and the affected counties at Indian Point with the NRC.

We recognize the heightened concerns of some members of the public regarding a potential terrorist attack at Indian Point The NRC, in responding to public and Congressional concerns, has informed FEMA that security measures at all nuclear power plants, and particularly at Indian Point, have been significantly enhanced. In addition, FEMA and the NRC are worldng with New York State to include a simulated terrorist scenario as part of the next emergency preparedness exercise for Indian Point currently planned for the middle of 2004.

FEMA recently reviewed county plans that have been made available to assure that they indicate integration of the updated Evacuation Time Estimate Studies. These studies also include, for the first time, the impacts of shadow evacuation. In an additional effort to address some of the critical needs of the four-county area, New York State has approved and FEMA has funded the federal share of $3.5 million in Hazard Mitigation Grant Program projects specifically for Indian Point. The projects range from education of the general public in the four affected risk counties to the development of a Geographical Information System that local officials can use to assess their plans.

We appreciate and share your strong interest in protecting the citizens who live in the communities surrounding the Indian Point Energy Center. FEMA continues to actively support the planning and preparedness of the four counties surrounding the plant.

Should you have any fiuther questions, please have a member of your staff contact our Office of Legislative Affairs at (202) 646-4500.

Sincerely R. David Paulison Director Preparedness Division Enclosure cc: Mr. Nils J. Diaz Chairman Nuclear Regulatory Commission

L) Federal Emergency Management Agency Washington, D.C. 20472 SEP -3 2003 The Honorable Christopher Dodd United States Senate Washington, DC 20510

Dear Senator Dodd:

This letter responds to your letters of February 25, 2003, and July 1, 2003, concerning the status of offsite planning and preparedness in connection with the Indian Point Energy Center in Buchanan, New York (Indian Point). The Federal Emergency Management Agency (FEMA) is now incorporated within the Emergency Preparedness and Response Directorate of the Department of Homeland Security.

On July 25, 2003, FEMA sent a letter to Governor Patald stating that FEMA has reasonable assurance that appropriate measures to protect the public health and safety have been developed and can be implemented for Indian Point (enclosure). As you know, responsiibilities for nuclear energy centers are shared among numerous entities. The Nuclear Regulatory Commission (NRC) has on-site security responsibilities for Indian Point and FEMA coordinates its responsibilities for reviewing the offsite emergency preparedness of New York State and the affected counties at Indian Point with the NRC.

We recognize the heightened concerns of some members of the public regarding a potential terrorist attack at Indian Point. The NRC, in responding to public and Congressional concerns, has informed FEMA that security measures at all nuclear power plants, and particularly at Indian Point, have been significantly enhanced. In addition, FEMA and the NRC are working with New York State to include a simulated terrorist scenario as part of the next emergency preparedness exercise for Indian Point currently planned for the middle of 2004.

FEMA recently reviewed county plans that have been made available to assure that they indicate integration of the updated Evacuation Time Estimate Studies. These studies also include, for the first time, the impacts of shadow evacuation. In an additional effort to address some of the critical needs of the four-county area, New York State has approved and FEMA has funded the federal share of $3.5 million in Hazard Mitigation Grant Program projects specifically for Indian Point. The projects range from education of the general public in the four affected risk counties to the development of a Geographical Information System that local officials can use to assess their plans.

We appreciate and share your strong interest in protecting the citizens who live in the communities surrounding the Indian Point Energy Center. FEMA continues to actively support the planning and preparedness of the four counties surrounding the plant Should you have any further questions, please have a member of your staff contact our Office of Legislative Affairs at (202) 646-4500.

-Sin~cerely>

R. David Paulison Director Preparedness Division Enclosure cc: Mr. Nils J. Diaz Chairman

%uclearRegulatory Commission

Federal Emergency Management Agency Washibgton, D.C. 20472 July 25. 2003 The Honorable George Pataki State Capitol Albany, New York 12224

Dear Governor Pataki:

I am vriting to transmit the Federal Emergency Management Agencys (FMA) determination of reasonable assurance that the off-site preparedness for the' Indian Point Energy Center (idian Point) is adequate. I also want to outline the additional actions FEMA is prepared to take to help make the region a model ofpreparedness for the nation.

Basis for Deteniination After carefully considering all available information, we have reasonable assurance that appropriate protective measures to protect the health and safety of surrounding communities can be taken and are capable of being implemented in the event of a radiological incident at the Indian Point facility.

Emergency planning for Indian Point is an on-going, cyclical process. In early 2003, FEMA reviewed in detail all of the State and local plans received since the late muner of 2002 and notified the State and local counties of additional improvements needed in the plans. At present, tbree of the counties - Putnm, Orange, and Rockland - have updated their plans and provided an annotated list of their changes. Westchester County bas also updated its plans with the assistance of outside contrators, but Westchester has refused to provide FEMA with a copy of those detailed plan updates. Bowever, Westcbester County has demonstrated an adequate level of preparedness by actively exercising their plans and participating in other planning and training events. Our finding is based on the following:

• Out February 21, 2003 letter tansmitting the Indian Point 2002 Execise Report to New York State reported that the September2002 full-scale exercise of local emergency response plans was successful, with no Deficiencies in the 'off-site emergency protective measures used.

• In the most recent out-of-sequence demonstrations and drills related to the September 2002.exercise, the State and counties have continued to -.

successfully demonstrate their ability to respond to the scenarios presented.

• In our review, it is apparent that the plans from Rockland, Orange and Putnam counties have been further updated since the September2002 exercise to

address: (1) the 2003 Evacuation Time Estimate Studies .(EE), with shadow evacuation estimates; (2) Letters of Agreement between counties and resource providers, such as bus companies; and (3) planning for schoolchildren with appropriate notification and protective action decisions. These plans, including Westchester County's plan, will be tested in the scheduled exercise in the middle of 2004.

Although Westchester County has not permitted a detailed review by FEMA of its updated plans the County has worked with Entergy to update its plans in response to comments fnom FEMA, it continues to participate in all drills, and continues to demonstrate its involvement by leading the Four County Nuclear Safety Committee and by attending other training and planning events.

The Future Security of Indian Point In response to your previous letters concerning the security of Indian Point, FE1A has been working with the Nuclear Regulatory Commission (NRC to ensure that your issues are addressed. To demonstrate our c ent to help the State and affected counties become a model of preparedness for the nation, FEMA and the NRC will work with New York to include a simulated terorist scenario as part of the next emergency planning exercise for Indian Point currently planned for the middle of 2004. In addition, our regional ofice in New York vil conduct additional training and provide farther technical assistance on preparing for-and responding to Weapons of Mass Destnuction attacks. To fulfill your prior request that FEMA and the NRC review the safety of the Indian Point site, FEMA officials are available to meet with you to discuss federal guidance for offsite planning as they relate to potential terrorist threats.

We look forward to close coordination witi your office to accomplish our mutual goal of assuring that the emergency response plans and preparedness not only continue to be adeqpate to protect the public health and safety but become a model for the nation. We remain available to meet with your office to further discuss ourjoint efforts and your suggestions regarding an improved radiological emergency planning process.

Sincer R. David Paulison Director, Preparedness IDivision Federal Emergency Management Agency cc: Chairman Diaz