ML033160065

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VR-CORR-03-0026 - Commissioner Mcgaffigan'S Vote on Letter to Rep. Sue Kelly, Responds to Request for Review of Recent Draft Report Prepared by James Lee Witt Associates, LLC Regarding Emergency Preparedness at Indian Point and Millstone Fa
ML033160065
Person / Time
Site: Millstone, Indian Point  Entergy icon.png
Issue date: 11/05/2003
From: Mcgaffigan E
NRC/OCM
To:
References
Corr-03-0026, FOIA/PA-2003-0372, FOIA/PA-2003-0379, FOIA/PA-2003-0388, FOIA/PA-2003-0398 VR-CORR-03-0026
Download: ML033160065 (1)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 fixed.

CHAIRMAN 6,&e: O3_~_00 jk gezVaS The Honorable Hi a4 Rodham Clinto United State, enate Washingtpn, D.C. 20510

Dear Senator Clinton:

I am responding on behalf of the U.S. Nuclear Regulatory Commission (NRC) to your letter of January 22, 2003, in which you requested that the NRC review the recent draft report prepared by James Lee Witt Associates, LLC, for the Governor of the State of New York, regarding emergency preparedness at the Indian Point and Millstone facilities. You also requested that the NRC begin making changes to Federal regulations, as recommended in the draft report. o1ra-4L The NRC has received a copy of the draft Wilt report. Th atters addressed in the draft report in large measure relate to offsite planning and prepa edness, which, at least in the first instance, are matters within the purview of the Federal Em rgency Management Agency (FEMA). While any judgment as to the overall state of emerg ncy planning and preparedness is for the NRC to reach, in keeping with the longstanding Mef orandum of Understanding (MOU) between FEMA and the NRC, we look initially to FEA for its views on the draft report relating to offsite preparedness. One important issue whic falls under our purview relates to plant security and the effect of potential terrorism. We confider it appropriate to comment on this issue as it figures prominently in the-conqlusions of the ,Nitt report. 6 ,

/Che/<he'report appears to give undue weight to the impact of potential acts of terrorism on emergency planning and preparedness. Emergency preparedness programs are designed to

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cope with a spectrum of accidents, including those involving rapid, large releases of radioactivity. Emergency preparedness exercises have invariably included large releases of radioactivity that occur shortly after the initiation of events. Necessary protective actions and offsite response are not predicated on the cause of events. Whether releases from the plant occur as a result of terrorist acts or equipment malfunctions, emergency plans guide decision makers and responders in the same way. Preliminary results from our vulnerability studies do not indicate an increased source term or quicker release from terrorist-initiated events than is already addressed by the emergency planning basis required by NRC regulations and in place at Indian Point. ' aod As FEMA assesses the implications of the Vitt report and other relevant information on the state of emergency planning and preparedness, it is important to consider that significant I steps have been taken to strengthen security of Indian Point and other nuclear plants since the September 2001 terrorist attacks. While all nuclear power plants have been required for many years to have security programs to defend against violent assaults by well-armed attackers, numerous additional steps have been taken since September 2001 to thwart terrorist acts. The NRC issued orders in February 2002 to all operating nuclear power plant licensees to implement nsa.cm sccur. measures fi the current threat environment and also 'i