ML060400471
| ML060400471 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom, Crane  |
| Issue date: | 12/21/2005 |
| From: | Office of Nuclear Reactor Regulation |
| To: | |
| Reckley W, NRR, 415-1323 | |
| Shared Package | |
| ml060400505 | List: |
| References | |
| G20050793, LTR-05-0565 | |
| Download: ML060400471 (42) | |
Text
Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION
Title:
Petition Review Board Conference Call Docket Number:
(not applicable)
Location:
(conference call)
Date:
Wednesday, December 21, 2005 Work Order No.:
NRC-818 Pages 1-31 NEAL R. GROSS AND CO., INC.
Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.
Washington, D.C. 20005 (202) 234-4433
1 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 UNITED STATES OF AMERICA 1
NUCLEAR REGULATORY COMMISSION 2
+ + + + +
3 PETITION REVIEW BOARD (PRB) 4 CONFERENCE CALL 5
+ + + + +
6 WEDNESDAY 7
DECEMBER 21, 2005 8
+ + + + +
9 The conference call was held, Herbert N.
10 Berkow, Petition Review Board Chairman, presiding.
11 NRC HEADQUARTERS STAFF:
12 HERBERT N. BERKOW, Chairman, PRB 13 WILLIAM D. RECKLEY, Petition Manager 14 for 2.206 petition 15 DONNA M. SKAY, NRC/NRR 16 BALWANT K. SINGAL, NRC/NRR 17 STEPHEN F. LaVIE, Emergency Planning Org.
18 TIMOTHY J. McGINTY, Emergency Planning Org.
19 ROBERT M. TAYLOR, Emergency Planning Org.
20 GEORGE F. WUNDER, Peach Bottom Project Mgr.
21 FERIDEH E. SABA, Three Mile Island Project 22 Manager 23 GIOVANNA LONGO, OFFICE OF GENERAL COUNSEL 24 25
2 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 PETITIONER:
1 Eric Epstein 2
NRC, REGION I, KING OF PRUSSIA STAFF:
3 RONALD R. BELLAMY 4
ANDREW A. ROSEBROOK, Project Manager 5
JOHN R. WRAY, State Liaison Officer 6
FEMA STAFF:
7 CRAIG FIORE 8
GARY SMITH, Office of the General Counsel 9
DARRYL HAMMONDS, Region III 10 ALSO PRESENT:
11 On Behalf of Exelon Nuclear:
12 J. BRADLEY FEWELL, ESQ.
13 Assistant General Counsel 14 PAM CONWAY, Director of Licensing 15 and Regulatory Affairs 16 DOUGLAS WALKER, Kennett Square Licensing 17 On Behalf of Three Mile Island Alert:
18 WILLIAM COLOGIE 19 20 P-R-O-C-E-E-D-I-N-G-S 21 (time not provided) 22 MR. FEWELL: Brad Fewell's on.
23 PARTICIPANT: Oh, Brad's on.
24 MR. FEWELL: As counsel.
25
3 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 PETITIONER EPSTEIN: Brad, where are you 1
calling from?
2 MR. FEWELL: I'm calling from Cantera.
3 PETITIONER EPSTEIN: Where's that?
4 MR. FEWELL: Warrenville, Illinois, 5
outside of Chicago.
6 MR. FEWELL: F-E-W-E-L-L.
7 PETITIONER EPSTEIN: I know, Brad. I've 8
seen you I think. I don't even know -- I don't know 9
if I've sued you in the past, but I want to make sure 10 I get it right for the future.
11 (Laughter.)
12 MR. FEWELL: Thank you.
13 PETITIONER EPSTEIN: You're welcome.
14 MR. BELLAMY: NRC Region I just joined on.
15 This is the 2.206 petition call?
16 MR. RECKLEY: Yes, yes. Is this Ron 17 Bellamy?
18 MR. BELLAMY: Yes, it is. I just wanted 19 to make sure we were listening to the right 20 discussion.
21 MR. RECKLEY: Yes. Yes, we'll get 22 started. This is Bill Reckley. We'll get started in 23 a minute.
24 MR. BELLAMY: Yes. And I knew with Brad 25
4 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 on the line if I didn't identify myself quickly, he'd 1
fine some investigation to initiate. So --
2 MR. FEWELL: Just trying to keep you 3
sharp.
4 MR. BELLAMY: I apologize for interrupting 5
whatever discussion you were having.
6 PETITIONER EPSTEIN: No need to interrupt.
7 I will be very clear and brief and consistent today.
8 You guys I think will get the message.
9 PARTICIPANT: Bill, this is Headquarters 10 Operations Center.
11 MR. RECKLEY: Yes.
12 PARTICIPANT: I understand you want to 13 have a tape of this meeting, so we're going to start 14 the tape now.
15 MR. RECKLEY: Okay. Thank you.
16 PARTICIPANT: Okay.
17 MR. RECKLEY: Okay. We're just going to 18 wait for a minute to see if anybody else joins us, and 19 then we can get started.
20 PETITIONER EPSTEIN: Bill, if you're going 21 to make a copy of the tape, I'd like to request a copy 22 myself.
23 MR. RECKLEY: Yes, you'll get a copy of 24 the transcript.
25
5 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 PETITIONER EPSTEIN: Bill, you would be my 1
best friend if you could do that.
2 MR. RECKLEY: Do you want a copy of the 3
tape, or is the transcript good enough?
4 PETITIONER EPSTEIN: Both, the transcript 5
and the tape, if you can provide it. You know, I 6
don't have a life, and it would, you know, really, you 7
know, increase my home entertainment value.
8 MR. RECKLEY: Yes. Okay. No problem.
9 PARTICIPANT: Bill, there's 10 people on 10 the bridge right now. Were you expecting a particular 11 amount?
12 MR. RECKLEY: No, there may be a couple 13 more. I'm just not really sure.
14 PARTICIPANT: Okay.
15 MR. RECKLEY: We'll get started in about 16 five minutes.
17 PARTICIPANT: Okay.
18 MS. COWAN: This is Pam Cowan. I'm also 19 joining the call.
20 PARTICIPANT: From Kennett Square.
21 MS. COWAN: From Kennett Square, Exelon.
22 PETITIONER EPSTEIN: And what's your last 23 name?
24 PARTICIPANT: C-O-W-A-N.
25
6 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 PETITIONER EPSTEIN: Is she legal counsel?
1 MR. RECKLEY: No, she's not.
2 MS. COWAN: No. I'm the Director of 3
Licensing and Regulatory Affairs for Exelon.
4 PETITIONER EPSTEIN: Brad, you're the only 5
counsel on?
6 MR. FEWELL: I'm not aware of any other 7
on.
8 PETITIONER EPSTEIN: Why I'm curious is 9
you're not counsel being served on the 2.206. Should 10 you be?
11 MR. FEWELL: I should be.
12 PETITIONER EPSTEIN: You might want to get 13 me that information, because it'll be about a 20-14 minute presentation today, which will include four 15 exhibits.
16 MR. FEWELL: Okay. That's good. I will 17 do that.
18 PETITIONER EPSTEIN: If you e-mail me at 19 ericepstein@comcast.net, I'll get you that.
20 MR. FEWELL: All right. That's fine, 21 because I do get stuff indirectly. It just goes to 22 another stop that you send to like Tom O'Neill, but 23 I'll -- I will -- it's better if it comes directly to 24 me.
25
7 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 PETITIONER EPSTEIN: You may want this 1
one. This one is very lengthy.
2 MR. FEWELL: Okay. Very good.
3 MR. RECKLEY: Okay. I think we're --
4 we'll just go ahead and get started. I'm not sure 5
everyone that we were expecting is here, and the ones 6
that were uncertain we'll assume they're not calling 7
in.
8 MR. FIORE: Bill, this is Craig Fiore at 9
FEMA.
10 MR. RECKLEY: Okay. Thank you.
11 MR. FIORE: I'm also here with Gary Smith 12 from our General Counsel Office.
13 MR. RECKLEY: Okay. We're going to go 14 through here in a second and go through who is -- who 15 is participating.
16 MR. FIORE: Okay.
17 MR. RECKLEY: Okay. Let's get started.
18 Again, my name is Bill Reckley from the NRC staff, and 19 I'm the Petition Manager for the 2.206 petition filed 20 by Eric Epstein. And we're here today just as an 21 opportunity for the Petitioner to go through the 22
- petition, explain it, provide any additional 23 information that may not have been in the submittal.
24 Eric, in addition to yourself, is William 25
8 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 Cologie also on the call?
1 PETITIONER EPSTEIN: Correct, yes.
2 MR. RECKLEY: Anyone else?
3 PETITIONER EPSTEIN: Not that I'm aware 4
of. Bill [Cologie] is -- I'm filing this as an 5
individual, and Bill is representing TMI Alert.
6 MR. RECKLEY: Okay. From the NRC, I'll go 7
around the table here at headquarters. There's 8
myself, Bill Reckley; Herb Berkow, who is the petition 9
-- the Chairman of the Petition Review Board; Tim 10 McGinty from our Emergency Planning Organization; 11 Donna Skay from NRR; Bob Taylor from Emergency 12 Planning; Steve LaVie from Emergency Planning.
13 MR. SINGAL: Balwant Singal from NRR.
14 MR. RECKLEY: Balwant Singal from NRR.
15 MS. SABA: Ferideh Saba.
16 MR. RECKLEY: From -- she's Project 17 Manager for --
18 MS. SABA: TMI.
19 MR. RECKLEY: -- TMI. George Wunder, the 20 Project Manager for Peach Bottom.
21 PETITIONER EPSTEIN: Who's the Project 22 Manager for TMI?
23 MR. RECKLEY: Ferideh Saba.
24 PETITIONER EPSTEIN: All right. Because 25
9 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 I did ask, just as a note when the last guy left, and 1
he never a contact. And I believe -- I can't recall 2
his name. But at any rate, it was after Tim Colburn.
3 But -- so Ferideh is now the person?
4 MR. RECKLEY: Yes.
5 PETITIONER EPSTEIN: All right. Nice to 6
know.
7 MR. RECKLEY: Okay. We also have 8
participation from our Region I Office, and that is --
9 MR. BELLAMY: Yes. This is -- this is Ron 10 Bellamy from the NRC Region I Office in King of 11 Prussia. I am the Regional Branch Manager responsible 12 for Three Mile Island, and with me is Andy Rosebrook, 13 who is the Project Engineer, also responsible for 14 Three Mile Island, and John Wray, who is functioning 15 as our State Liaison Officer today. And that's it 16 from Region I.
17 MR. EPSTEIN: What does that mean, "State 18 Liaison Officer"?
19 MR. BELLAMY: He is our liaison between 20 NRC and state offices.
21 MR. RECKLEY: Okay. And from FEMA, we 22 have a few -- two people listening in. Could you 23 repeat that again?
24 MR. FIORE: This is Craig Fiore, and Gary 25
10 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 Smith from our General Counsel's Office.
1 MR. RECKLEY: Okay.
2 (Feedback squelch.)
3 PARTICIPANT: I believe The Who have 4
joined us.
5 PARTICIPANT: Sounded like Jimi Hendrix.
6 PARTICIPANT: Yes, that was our fault 7
here. We're getting a little feedback.
8 MR. RECKLEY: Okay. Is there anyone else 9
on the line?
10 MR. HAMMONDS: This is FEMA, Region III.
11 MR. RECKLEY: And your name?
12 MR. HAMMONDS: Darryl Hammonds.
13 MR. RECKLEY: And anyone else that we 14 haven't heard from?
15 (No response.)
16 With that, let me introduce Herb Berkow, 17 who, again, is the Chairman of the Petition Review 18 Board. He'll go through a little bit of the 19 discussion, and, again, repeat the purpose of the 20 call, and then we'll turn it over to you, Eric.
21 PETITIONER EPSTEIN: Okay.
22 CHAIRMAN BERKOW: Good afternoon. This is 23 Herb Berkow. The subject of this teleconference is 24 the 2.206 petition submitted by Mr. Eric Epstein on 25
11 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 November 18, 2005. The Petitioner has requested that 1
the NRC issue a Demand for Information to Amergen, the 2
licensee for TMI, and Exelon, the licensee for Peach 3
Bottom, requiring the licensees to provide information 4
demonstrating that they are in compliance with their 5
operating licenses and NRC regulations related to 6
7 The specific concern of the petition 8
regards planning for day care centers and nursery 9
schools within the emergency planning zones of the TMI 10 and Peach Bottom sites. The purpose of this 11 teleconference, as Bill mentioned, is to allow the 12 Petitioner to address the Petition Review Board, to 13 provide any additional explanations or support for the 14 petition. It is also an opportunity for the staff to 15 ask any clarifying questions.
16 The purpose of this teleconference is not 17 to debate the merits of the petition. Given the 18 subject matter of the petition, we also have 19 representatives from the Federal Emergency Management 20 Agency listening in to the conference call.
21 The PRB will meet following this 22 teleconference to determine whether the NRC will 23 accept the petition under the 2.206 process, or 24 whether it will be dealt with under another mechanism.
25
12 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 The PRB's meeting will not determine whether we agree 1
or disagree with the contents of the petition.
2 Since this teleconference is being 3
transcribed, we ask that anyone making a statement 4
first identify themselves by stating their name 5
clearly. The transcript of the teleconference will 6
become a supplement to the petition and will be made 7
publicly available.
8 Are there any questions on the process 9
that we'll follow for this teleconference?
10 PETITIONER EPSTEIN: This is Eric. The 11 only question I have is I actually have a formal 12 presentation, and I wanted to inquire as to whether or 13 not I could submit that and make it part of the formal 14 record, since I'm not going to be able to submit some 15 of the documentation, which is pretty lengthy.
16 CHAIRMAN BERKOW: Yes, you can.
17 PETITIONER EPSTEIN: Okay.
18 CHAIRMAN BERKOW: Okay. Well, Mr.
19 Epstein, then, welcome and go ahead with your 20 discussion. And we ask that you limit your comments 21 to about a half hour.
22 PETITIONER EPSTEIN: Yes, I don't intend 23 to take half an hour. And perhaps Bill [Cologie], you 24 know, at some point may want to speak on behalf of our 25
13 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 organization. However, I did file this as an 1
individual, and I didn't really see the need to go 2
over the 2.206 petition that I filed. I thought you 3
summarized cogently what I had intended to present to 4
the Commission.
5 And today, unless there is a need from 6
people listening in for me to review the petition, I 7
was simply going to review my supplemental filing.
8 CHAIRMAN BERKOW: Yes, that's fine. We 9
don't expect you to repeat what was in the petition.
10 But if you have any additional supporting 11 information --
12 PETITIONER EPSTEIN: That's what I'm going 13 to do.
14 CHAIRMAN BERKOW: -- that will help us in 15 making our decision as to whether or not it can be 16 handled under the 2.206 process.
17 PETITIONER EPSTEIN: Okay. Well, the 18 first thing I would like to note is that I will send 19 along to the ES service list I have -- and, frankly, 20 that service list was arbitrary. So if there's a list 21 that you want me to serve, let me know, and I'll 22 attend to it. The list that I initiated was based on 23 a best guess.
24 So prior to hearing any additions or 25
14 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 subtractions, I'll continue to list -- to address that 1
list. Mr. Fewell from Exelon did ask for a copy, and 2
I'll send him one as well.
3 Essentially, I'm going to be adding four 4
exhibits to the presentation. Exhibit 1 is simply 5
going to be the implementation of protective actions 6
for schools. Exhibit 2 is going to be Three Mile 7
Island Nuclear Generating Station, May 3-4, 2005, 8
Final Report, Radiological Emergency Preparedness 9
Program, FEMA, August 4, 2005.
10 Exhibit 3 will be the Federal Register 11 Notice that was posted on the 19th, pages 75085 to 12 75090. And Exhibit 4 will be Commissioner Jaczko's 13 dissent, which was issued December 20th of 2005.
14 I'll briefly walk you through those 15 issues, then be more than happy to entertain questions 16 or engage in any kind of dialogue that you deem 17 appropriate.
18 Objective 16 is the implementation of 19 protection actions -- excuse me, protective actions 20 for schools. And this is a document that FEMA uses to 21 check the implementation of GM [Guidance Memorandum]
22 EV-2, or protective actions for school children. One 23 of the things that I did want to note -- and there are 24 two statements to this Exhibit 1. Under page 1 of the 25
15 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 objective it states, "Provisions of this objective 1
apply to public schools within the plume pathway, also 2
apply to any private schools, kindergartens, day care 3
centers, participating REPs [Radiological Emergency 4
Preparedness], who participate on a voluntary basis."
5 Statement 2, page 3, from this document, 6
Extent of Play. The objective states, "Only one 7
school in each affected school system needs to 8
demonstrate the implementation of protective action."
9 The purpose of entering this exhibit into 10 play is to set up my next exhibit where I'm going to 11 draw conclusions. So Exhibit 1 essentially is just 12 taking excerpts from Objective 16.
13 Exhibit 2 is the actual Three Mile Island 14 Nuclear Generating Station plan review. I guess 15 actually it's a review of the exercise. The exercise 16 took place on the 3rd and 4th of May. FEMA issued 17 their final report on 8/4/05.
18 If you look in Roman numeral four to Roman 19 numeral five, FEMA admitted that it "simulated 20 municipal compliance without being able to document 21 actual compliance." And if you move to page 82, 22 because most of the report does not deal with day care 23 or nursery schools, I'm only going to deal with the 24 aspects of the report that does.
25
16 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 On page 28, FEMA report notes, "Contacts 1
with public school systems must be actual." I would 2
point out that no day care centers or nursery schools 3
were tested in the May 2005 drill, because they were 4
not required to participate.
5 On page 87 of FEMA's report -- and this is 6
the final
- report, "Private
- schools, private 7
kindergartens, and day care centers did not 8
participate in the REP exercise." Table 2, Section 9
4.0, School Districts, on pages 19 and 20 of FEMA's 10 final report. "Employees noted the only schools 11 tested were public high schools, middle schools, or 12 elementary schools." Again, no day care centers or 13 nursery schools were listed as being included in the 14 exercise.
15 In fact, there was no contact by FEMA with 16 any day care center or nursery school. FEMA did not 17 visit or inspect any of the 74 day care facilities 18 within 10 miles of TMI.
19 Now, those day care centers are located in 20 four counties. There is a fifth county within TMI --
21 Lebanon. It has no day care facilities. Cumberland 22 County, Dauphin County, Lancaster County, and York 23 County, and without getting into detail I specified 24 the municipalities and the school districts that 25
17 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 contain day care and nursery schools, and that will be 1
in my formal presentation.
2 The first conclusion that I would submit 3
is that, due to the above-documented omissions on the 4
May 4-5 exercise, I find the exercise to be flawed.
5 If you refer to Section N, Exercises and Drills, GM 6
EV-2, please note none of the exercise evaluation 7
criteria listed on pages 6-13 of GM EV-2 were tested 8
for day care centers and nursery schools because no 9
day care centers are required to participate in an REP 10 exercise.
11 The State of Pennsylvania has had no 12 radiological planning for preschool children, even 13 though GM EV-2 was implemented in 1986, because FEMA 14 and the NRC has been improperly, in my opinion, 15 implementing GM EV-2 for more than 19 years.
16 My conclusion would be FEMA's report does 17 not provide reasonable assurance that preschool 18 children are protected. In fact, the only notation 19 listed for preschool children in FEMA's final report 20 was notification of day care centers of an emergency, 21 and that was on Roman numeral page four.
22 The only consideration for preschool 23 children given in the May 2005 REP exercise was 24 notification of an emergency. This exercise did not 25
18 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 show that these child care facilities had been 1
provided the outlined protective measures listed in GM 2
EV-2, such as means for protective actions, specific 3
resources allocated for transportation, and supporting 4
letters of agreement if resources are provided from 5
external sources, and name and location of relocation 6
centers and transportation routes, if applicable.
7 This exercise also failed to show how day 8
care centers and nursery schools have been integrated 9
into the state's offsite plan. From GM EV-2, "Local 10 government should ensure that appropriate 11 organizational officials assume responsibility for the 12 emergency planning and preparedness for all of the 13 identified schools.
14 "Local government should also ensure that 15 emergency planning undertaken by these organizations 16 is integrated within a larger offsite emergency 17 management framework for the particular nuclear 18 powerplant site."
19 Conclusion two, there is no proof given in 20 FEMA's report that child care facilities have 21 prearranged transportation, relocation centers, or any 22 of the other protective requirements listed in GM 23 EV-2. FEMA's report does not provide reasonable 24 assurance that preschool children are protected.
25
19 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 Third conclusion. Only one public school 1
per district was tested in the May 2005 drill. In the 2
extent of play section on page 87 it states, and I 3
quote, "At least one school in each affected school 4
system or
- district, as appropriate, needs to 5
demonstrate the implementation of protective actions."
6 If you refer to Table 2, Summary of 7
Results in the 2005 Exercise Evaluation under 8
Section 4.0, School Districts, if you refer to 9
pages 19 and 20, only one school district was tested.
10
==
Conclusion:==
FEMA and the NRC cannot state that all 11 preschools in each district have appropriate measures 12 in place to protect preschool children, because they 13 are only testing one school district, of which none 14 were preschools.
15 There is no proof given in FEMA's report 16 that preschools have met the requirements listed under 17 GM EV-2. FEMA's report does not provide reasonable 18 assurance that preschool children are protected.
19 In addition, if you look under the 20 criterion 3.C.2, that was the only protective action 21 implementation shown as being met for the -- for the 22 few schools that were actually tested. Criterion 23 3.C.2 OROs-School Officials, decide upon and implement 24 protective actions for schools was the only mark that 25
20 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 showed up in Table 2 as being met by the few public 1
schools that were tested.
2 Transportation resources for preschool 3
children were not confirmed, and relocation centers 4
for preschool children were not confirmed. Again, 5
please refer to Section N, Exercises and Drills, and 6
GM EV-2. None of the exercise evaluation criteria 7
listed on pages 6-13 could be verified as being 8
tested, because 3.C.2 was the only one listed as being 9
tested and met.
10 Conclusion four. FEMA and the NRC cannot 11 verify that preschools in each district have all of 12 the required measures in place to protect preschool 13 children, because they are only testing one criterion 14 per school, of which none are preschools. There is no 15 proof given in FEMA's report that preschools have met 16 all of the requirements listed under GM EV-2. FEMA's 17 report does not provide reasonable assurance that 18 preschool children are protected.
19 Exhibit 3 is the actual Federal Register 20 Notice given on December 19, 2005, which had rejected 21 the petition that was submitted by Lawrence Christian 22 and sponsored by myself. These are the conclusions 23 that we will submit.
24 The NRC and FEMA failed to provide 25
21 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 evidence or affirm -- or affirm the NRC's conclusions 1
contained in letters A, B, C, and D. In fact, the NRC 2
is in a position of contradictory information and 3
correspondence relating to the NRC conclusions 4
contained in letters E, F, and G.
5 In fact, the NRC Commissioners asked staff 6
to participate in the May 4th and 5th 2005 exercises 7
at TMI in order to verify compliance. FEMA refused to 8
allow the NRC to participate. Therefore, there is no 9
evidence that supports E, F, or G.
10 Now, the evidence that I speak of that 11 contradicts the conclusions that were drawn in 12 rulemaking petition are now in the possession of 13 Congressman Todd Platts. The NRC is basing its 14 conclusion on a special needs card that Amergen and 15 Exelon send out annually to the general community. No 16 evidence exists that would confirm if Exelon, the NRC, 17 PEMA, or FEMA acted on the data collected.
18 The current publication practices are not 19 adequate based on the data the NRC has that is in its 20 possession. Again, to cover all of our bases, we made 21 sure all of this evidence was photocopied and conveyed 22 to Congressman Todd Platts, who has all of the 23 information in his possession. If you need to 24 document that, the contact for Congressman Platts is 25
22 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 Joe Thomas.
1 The final exhibit, Exhibit 4 -- and I'll 2
be submitting Commissioner Jaczko's dissent -- and 3
I'll just conclude with his statement about -- from 4
NRC Commissioner Jaczko. "The Commission and the 5
public should not be left to wonder if alert and 6
notification procedures for day care centers and 7
nursery schools are in place, transportation resources 8
would be available for evacuating these facilities, 9
and reception and day care centers are arranged."
10 Let me conclude by saying that the DPO 11 filed by Mr. Jamgochian, the dissent by Commissioner 12 Jaczko, and what I believe to be the overwhelming 13 evidence I presented indicates that the 2.206 petition 14 should be granted, and that it supports Exelon, 15 Amerigen, and also your own agency, to affirmatively 16 declare that they have met all of the information 17 contained in my petition.
18 That concludes my formal comments.
19 MR. COLOGIE: Okay. If I may?
20 PARTICIPANT: Yes.
21 MR. COLOGIE: All right. My name is 22 William Cologie. That's C-O-L-O-G-I-E. By way of 23 introduction, I've been a member in the Three Mile 24 Island Alert Governing Board, the Planning Council, 25
23 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 for about 20 years.
1 Essentially, I'm participating in this 2
call today just to provide a little bit of historical 3
background for those of you unfamiliar with the 4
evolution of events, and simply to ask you folks at 5
the NRC to do your jobs and meet your responsibilities 6
under the law and under the NRC's own regulations.
7 The petition before you has its roots in 8
a petition filed by a member of our community, Larry 9
Christian, in the fall of 2002. Like so much going on 10 around us, Mr. Christian's petition dates back to 11 September 11, 2001. That day he went to retrieve his 12 child from a church-run day care center and made an 13 inquiry about whether the facility had plans to 14 evacuate the children in the event of an accident at 15 TMI.
16 He asked because the TMI cooling towers 17 are visible from that day care center. He learned 18 there was no plan in place for that facility -- 50 19 children -- and he then conducted an informal survey 20 with some other day care centers and found that none 21 of those he contacted had evacuation plans in place 22 for the children in their care.
23 He then contacted us at Three Mile Island 24 Alert, and we provided him assistance in putting 25
24 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 together his petition for the NRC. Upon the filing of 1
that petition, TMI Alert issued a press release, the 2
last line of which included a quote from my colleague, 3
Eric Epstein, who said, and I quote, "Frankly, I can't 4
imagine any sane person, company, or governmental body 5
opposing this common-sense remedy."
6 Eric was never known for having a vivid 7
imagination. It turns out there was opposition from 8
the extremely sane and sensible people over at the 9
Pennsylvania Emergency Management Agency, who went on 10 record in opposition. And it's my understanding that 11 there was opposition from the NRC staff who I'm 12 reluctant to characterize.
13 The EFMR group conducted its own 14 comprehensive survey of 73 state-licensed day care 15 centers, and the results were startling. Eighty-seven 16 percent of those who completed the survey didn't know 17 who would provide transportation for their children in 18 the event of an accident. Fifty-eight percent didn't 19 know to which relocation center they should send their 20 children.
21 Two-thirds hadn't been provided 22 transportation by the
- state, county, or a
23 municipality. They were essentially on their own.
24 Since then, we had a law passed in 25
25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 Pennsylvania requiring such plans, but only for for-1 profit day care enters. So the 50 kids where Mr.
2 Christian's child was enrolled still weren't covered.
3 Finally, in September 2005, Mr. Jamgochian 4
issued his differing professional opinion in support 5
of our point of view. In most corridors, his action 6
would be considered just doing his job. But in the 7
context of the NRC, we see that as a rather courageous 8
action.
9 We're kind of amazed that, given the 10 original filings in the fall of 2002, that we are 11 still talking about this, which seems so cut and dry 12 and simple and straightforward. We're still talking 13 about it three years later.
14 CHAIRMAN BERKOW: Okay. This is Herb 15 Berkow. Are you finished?
16 MR. COLOGIE: I am.
17 CHAIRMAN BERKOW: Okay. Mr. Epstein, do 18 you have any -- any additional comments?
19 PETITIONER EPSTEIN: No.
20 CHAIRMAN BERKOW: Okay. Well, let me ask 21 the staff, then, here in this conference room, anybody 22 have any questions? Clarifications?
23 (No response.)
24 Okay. How about the licensees, do you 25
26 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 have any questions?
1 PARTICIPANT: No questions.
2 CHAIRMAN BERKOW: Ron or John in Region I?
3 PARTICIPANT: Nothing from Region I.
4 PARTICIPANT: No questions here.
5 CHAIRMAN BERKOW: Okay. Eric, just as a 6
matter of process, we have all of the documents you 7
referenced. You can certainly provide them as 8
exhibits, or you can simply summarize your major 9
points and reference those documents. We're in 10 possession of all of those.
11 PETITIONER EPSTEIN: You know us. We're 12 ready to go. So if you just provide us with the 13 e-mail, we -- we -- you know, frankly, I take it we're 14
-- I absolutely believe you have that stuff. But from 15 20 years with the NRC, sometimes documents have a way 16 of getting lost or misplaced.
17 CHAIRMAN BERKOW: That's fine. You can 18 provide them.
19 PETITIONER EPSTEIN: Yes.
20 CHAIRMAN BERKOW: Either way. I'll let it 21 up to you.
22 PETITIONER EPSTEIN: I just had two 23 questions. One was, who is composed of this Board?
24 I heard folks identified, and I'm not sure who 25
27 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 actually sits on the Board. I know Herb -- it seems 1
like he's the chair.
2 CHAIRMAN BERKOW: Right. And the Petition 3
Manager, in this case Bill Reckley.
4 PETITIONER EPSTEIN: Right.
5 CHAIRMAN BERKOW: And, generally, the 6
project managers for any plants that are involved.
7 And we have our OGC as advisors to the PRB.
8 PETITIONER EPSTEIN: Who in OGC is 9
advising?
10 CHAIRMAN BERKOW: Jenny Longo.
11 PETITIONER EPSTEIN: Okay. Was she on the 12 call?
13 CHAIRMAN BERKOW: Yes, she is here. She's 14 here.
15 PETITIONER EPSTEIN: I just want to say 16 that everybody who is on the Board should have a 17 wonderful holiday. And though I can't see you, I'm 18 sure you all look great.
19 CHAIRMAN BERKOW: Thank you. The same to 20 you.
21 PETITIONER EPSTEIN: The other question I 22 have is just a technical clarification. My 23 presumption is that NRC Region was on, and that FEMA 24 Region III was on, or was it FEMA Headquarters?
25
28 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 CHAIRMAN BERKOW: Both. FEMA Headquarters 1
and FEMA Region III.
2 PETITIONER EPSTEIN: Could you -- will 3
this be on the minutes, who actually --
4 PARTICIPANT: Yes.
5 CHAIRMAN BERKOW: We'll list who was on 6
the call.
7 PETITIONER EPSTEIN: Yes. But also from 8
where you guys are at?
9 CHAIRMAN BERKOW: Right.
10 PETITIONER EPSTEIN: Yes. Thank you. And 11 the final question is: is the -- and this may be to 12 Bill [Reckley]. Is the list that I'm using 13 appropriate, Bill, or do you want to send me another 14 service list? Or how do you want to work that?
15 MR. RECKLEY: Actually, that's kind of up 16 to you. We -- as long as we get it, we will provide 17 it to whoever we think needs to get it.
18 PETITIONER EPSTEIN: Okay. Do I need --
19 does electronic mail suffice for everybody, or do I 20 need a hard copy service as well?
21 MR. RECKLEY: It will do for us.
22 PETITIONER EPSTEIN: Okay.
23 MR. SMITH: Bill, this is Gary Smith at 24 FEMA, in Headquarters.
25
29 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 MR. RECKLEY: Yes.
1 MR. SMITH: Okay. Just as a point of 2
clarification, so there's no confusion later, the FEMA 3
participation is just to monitor this call.
4 MR. RECKLEY: Yes, that's right. I'm 5
sorry, I should have clarified. I might have over --
6 overused the word "participant." Those in attendance 7
on the call.
8 PETITIONER EPSTEIN: Then, if it's okay, 9
I have just a final summation whenever you're ready.
10 MR. RECKLEY: Go ahead.
11 CHAIRMAN BERKOW: Go right ahead.
12 PETITIONER EPSTEIN: I would just like to 13 reiterate -- and Bill [Reckley] has been real good at 14 this -- that I get copies of all correspondence and/or 15 communications that may be relevant to this decision.
16 And I'm hoping whatever you decide, that we can get a 17 predecision notice as soon as possible, since there is 18 a lot at play here, including licenses, rulemaking 19 petitions, and a merger.
20 And just to be clear to everybody on the 21 phone, and I've made it clear to Bill [Reckley],
22 depending on this decision, we have every intent to --
23 and, again, based on how this decision goes -- to file 24 in Federal Court and also in Pennsylvania Commonwealth 25
30 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 Court within a month.
1 What we were going to do is wait and see 2
how you guys ruled. After we do that, and that's --
3 and this is directly for the gentleman from FEMA, 4
because you guys are government agencies, when we take 5
this outside of the NRC jurisdiction, if we need to do 6
that, we will have to name individuals from the NRC, 7
from FEMA, from PEMA, and from the company, and we 8
will be doing that.
9 So I wanted to let everybody know, just to 10 have a sense of fair play and fair warning, that, 11 again, depending on how this comes out -- and I'm not 12 presuming it's going one way or the other -- we are 13 compelled to file for relief, Middle District Court in 14 Harrisburg and most likely Commonwealth Court in 15 Harrisburg, too, although it may be the Supreme Court, 16 depending on venue.
17 And that concludes my summation.
18 CHAIRMAN BERKOW: Are there any other 19 questions or comments?
20 PETITIONER EPSTEIN: No.
21 CHAIRMAN BERKOW: Okay. Well, thank you 22 very much for participating in this call.
23 PETITIONER EPSTEIN: Yep. You all have a 24 wonderful holiday season.
25
31 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 CHAIRMAN BERKOW: And you, too.
1 PETITIONER EPSTEIN: You got it.
2 CHAIRMAN BERKOW: Okay.
3 (Whereupon, the proceedings in the 4
foregoing matter were concluded.)
5 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20