ML061230585
| ML061230585 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/26/2006 |
| From: | Hevesi A State of NY, Office of the State Comptroller |
| To: | Diaz N NRC/Chairman |
| References | |
| G20060463, LTR-06-0216, SECY-2006-0076 | |
| Download: ML061230585 (5) | |
Text
EDO Principal Correspondence Control FROM:
DUE: 05/12/06 EDO CONTROL: G20060463 DOC DT: 04/26/06 FINAL REPLY:
ear.5: s~cN-;,V(oq-oo-7o Alan G. Hevesi Office of the State Comptroller State of New York Chairman Diaz FOR SIGNATURE OF :
PRI CRC NO: 06-0216 Chairman Diaz DESC:
ROUTING:
Action Plan Regarding an Independent Safety Assessment of Indian Point DATE: 05/03/06 Reyes Virgilio Kane Silber Dean Burns Dyer, NRR Zimmerman, NSIR Collins, RI Cyr, OGC Schmidt, OCA ASSIGNED TO:
EDO CONTACT:
Shoop SPECIAL INSTRUCTIONS OR REMARKS:
Ref. G20060360.
EDATS Number: SECY-2006-0076 Initiating Office: SECY I
I Assigned To: OEDO C
Other Assignees:
Subject:
Action Plan Regarding an Independent Safety Assessment of Indian Point
==
Description:==
IEDO Due Date: 5/12/2006 5:00 PM
Response
Package:
Originating Organization: State/Local Officials/Groups Originator Name: Alan G. Hevesi Incoming Task Received: Letter Date of Incoming Document: 4/26/2006 Document Received by OEDO Date: 5/3/2006 Date Response Requested by Originator: NONE Addressee: Chairman Diaz Action Type: Letter Priority: Medium Sensitivity: None Signature Level: Chairman Diaz Urgency: NO OEDO Concurrence: YES OCM Concurrence: YES Special Instructions: Ref. G20060360.
Cross Reference Number: G20060360,G20060463,LTR-06-0216 Related Task:
File Routing: EDATS Agency Lesson Learned: NO Page 1 of I
OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: May 03, 2006 08:19 PAPER NUMBER:
ACTION OFFICE:
LTR-06-0216 EDO LOGGING DATE: 05/0312006 AUTHOR:
AFFILIATION:
ADDRESSEE:
SUBJECT:
ACTION:
DISTRIBUTION:
LETTER DATE:
ACKNOWLEDGED SPECIAL HANDLING:
Alan Hevesi NY Nils Diaz Urges the Commission to reconsider the course of action planned by the NRC in response to the request by Sen. Hillary Clinton regarding an Independent Safety ssessment of the Indian Point nuclear facilites...
Signature of Chairman RF, SECY to Ack 04/26/2006 No Comr. Correspondence NOTES:
FILE LOCATION:
ADAMS DATE DUE:
05/16/2006 DATE SIGNED:
EDO - -G20060463
ALAN G. HEVESI 110 STATE STREET COMPTROLLER ALBANYNEWYORK 12236 STATE OF NEW YORK OFFICE OF THE STATE COMPTROLLER April 26, 2006 Nils J. Diaz, Ph.D.
Chairman U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852
Dear Dr. Diaz:
I urge the Commission to reconsider the course of action planned by the NRC in response to the request by New York Senator Hillary Rodham Clinton for an Independent Safety Assessment of the Indian Point Nuclear facilities. The situation warrants a comprehensive, independent review. Your March 28, 2006 correspondence to Senator Clinton does not commit the NRC to such a review and leaves unaddressed several critical issues.
The Reactor Oversight Program you describe appears quite thorough, and the additional oversight afforded this facility is welcome. It does not respond, however, to many safety issues and to the long-standing local concerns expressed by community leaders, environmental groups and the county executives of the affected communities. These larger dynamics make an Independent Safety Assessment similar to the one conducted for the Maine Yankee Power Plant an essential addition to the review plan you put forth.
In 2003, James Lee Witt Associates, LLC released a report raising serious concerns about emergency planning and preparedness. Records maintained by my Office show that $976,153 was paid for this report. In response to the draft report, your predecessor, Chairman Meserve, noted that the majority of the matters were in the purview of the Federal Emergency Management Agency (FEMA) and cited a long-standing MOU through which the NRC relies on FEMA for its assessment. At the same time, the letter noted that "any judgment as to the overall state of emergency planning and preparedness is for the NRC to reach."'
Your March 28 correspondence fails to address this responsibility of the Commission.
Letter from Chairman Richard A. Meserve of the Nuclear Regulatory Commission to Sen. Hillary R. Clinton, February 12, 2003, accessed April 12, 2006 at httwJ/www.nrc.gov/readinz-rm/doc-collections/newsf2003/03-005i.html.
Nils J. Diaz, Ph.D.
Page 2 April 26,2006 Given concerns raised about FEMA decision making in recent months, the NRC must redouble its efforts to ensure the protection of those who live near the facility. It is reasonable for the State of New York, and particularly its residents affected by emergency plans, to question FEMA's reasonable assurance declaration of the adequacy of emergency plans when most State and local officials responsible for the implementation of the plans have rejected them. It is equally reasonable to ask the Commission to question its reliance on this declaration.
As I understand it, the unprecedented Independent Safety Assessment of Maine Yankee was the result of a review by the NRC's Inspector General that implied possible "significant weaknesses in NRC review and approval processes."2 It seems significant potential weaknesses exist regarding the decision making by the NRC relative to Indian Point, as well.
Former NRC Chairperson Shirley Ann Jackson responded to the IG's report, and concerns raised by the Governor of Maine, by directing the creation of a team to conduct an Independent Safety Assessment. The team involved NRC specialists, expert contract support, independent consultants and representatives from the State. It is obvious that the review you have outlined could not possibly cover the same issues and weaknesses as an ISA by a team of multi-disciplinary composition.
I urge you to appoint a diverse team of experts to initiate an inclusive and thorough review not only of Indian Point operations, but of decision making by the NRC and FEMA, as well as the broader safety concerns. Given the NRC's ultimate responsibility for the overall state of emergency planning and preparedness, legislation should not be required for the NRC to initiate such a review.
Sincerely, Alan G. Hevesi 2 Report of The Maine Yankee Lessons Learned Task Group, issued December 1996, accessed April 12, 2006 at http://www.nrc.eov/reading-rmidoc-collections/commissionisecys/l997/secl 997-042/1997-042scy.html.