ML080560040

G20080111/EDATS: OEDO-2008-0139 - Andrew J. Spano Ltr Proposed Civil Penalty - Emergency Planning - Entergy

ML080560040
Person / Time
Site:	Indian Point
Issue date:	02/04/2008
From:	Spano A Westchester County, NY
To:	Balduzzi M, Virgilio M Entergy Nuclear Northeast, NRC/OE
Shared Package
ML080560058	List: ML080560040 ML080720075
References
G20080111, OEDO-2008-0139
Download: ML080560040 (5)

Text

EDO Principal Correspondence Control FROM: DUE:, 03/13/08 EDO CONTROL: G20080111 DOC DT: 02/04/08 FINAL REPLY:

Andrew J. Spano Westchester County TO:

Entergy/DEDMRT FOR SIGNATURE OF : ** GRN ** CRC NO:

Carpenter, OE DESC: ROUTING:

Proposed Civil Penalty - Emergency Planning Reyes Entergy (EDATS: OEDO-2008-0139) Virgilio Mallett Ash Ordaz Cyr/Burns DATE: 02/21/08 Collins, RI Zimmerman, NSIR ASSIGNED TO: CONTACT: Dyer, NRR West, OEDO OE Carpenter SPECIAL INSTRUCTIONS OR REMARKS:

Coordinate response with Region I and NSIR.

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EDATS Number: OEDO-2008-0139 Source: OEDO Ge a If omai Assigned To: OE OEDO Due Date: 3/13/2008 5:00 PM Other Assignees: SECY Due Date: NONE

Subject:

Proposed Civil Penalty - Offsite Preparedness Efforts - Emergency Planning - Entergy

==

Description:==

CC Routing: Region 1; NSIR; NRR; OGC ADAMS Accession Numbers - Incoming: NONE Response/Package: NONE OhrInfomaio Cross Reference Number: G200801 .11 Staff Initiated: NO Related Task: Recurring Item: NO File Routing: EDATS Agency Lesson Learned: NO Roadmap Item: NO Action Type: Letter Priority: Medium Sensitivity: None Signature Level: OE Urgency: NO OEDO Concurrence: NO OCM Concurrence: NO OCA Concurrence: NO Special Instructions: Coordinate with Region I and NSIR.

Originator Name: Andrew J. Spano Date of Incoming: 2/4/2008 Originating Organization: Westchester County, New Document Received by OEDO Date: 2/19/2008 York Addressee: M. Balduzzi, Entergy/M. Virgilio, DEDMRT Date Response Requested by Originator: NONE Incoming Task Received: Letter Page 1 of I

VTT rkestchester Andrew J. Spano County Executive February 4, 2008 Mr. Michael A. Balduzzi Senior Vice President Entergy Nuclear Northeast 440 Hamilton Avenue

.White Plains, New York 10601 Mr. Martin J. Virgilio

.Deputy Executive Director United States Nuclear Regulatory Commission Washington, D.C. 20555-0001

Dear Mr. Balduzzi and Mr:

Virgilio, I write today to request that Entergy respond to the NRC's recent Notice of Violation and proposed Civil Penalty of $650,000 with a request to apply the fine to direct offsite preparedness efforts, in lieu of payment to the NRC. I further request that the NRC approve such a response from Entergy and work together to make the consequence of its violation and penalty a value to the community rather than just a monetary impact on Entergy. The opportunity exists for Entergy and the NRC to work collaboratively to assure this penalty has a positive effect, benefiting the impacted population in the Emergency Planning Zone (EPZ) surrounding Indian Point. The four Counties in the EPZ spend taxpayer money to supplement the meager amounts received through reactor fees to support offsite emergency planning efforts.

Westchester County calls on Entergy to make this request of the NRC in the interest of public safety. Westchester calls on the NRC to pause before it responds with the routineanswer that'-

"regulations do not permit it". Local, state and national elected officials support such a move.

Congresswoman Lowey recently introduced a bill to apply the proceeds of future civil penalties to local planning efforts in response to Westchester's initial request following the civil penalty levied by the NRC in 2007. Unfortunately, this civil penalty has been levied before the bill traversed the process successfully to become law.

Office of the County Executive Michaelian Office Building White Plains, New York 10601 Telephone: (914)995-2900 E-mail: ceo@westchestergov.com EDO - -G2 0080111 EDO

-G2000111

NRC Siren Fine Page 2 In closing, I implore Entergy and the NRC to devise a way for this fine to result in positive, tangible, emergency preparedness support, rather than being deposited in the national treasury, representing a mere drop in the fiscal bucket. Please seize this opportunity to apply this penalty to added protection and taxpayerrelief. It would be a welcomed positive 'occurrence in the Counties' endless negative experiences struggling with the poor performance of the old siren system and the protracted efforts to construct a suitable replacement public notification system.

I thank you for your consideration and eagerly await your reply-Sincerely yours, County 4xutive AJS:ST:mt

'Cc: Hon. Hillary Rodham Clinton Hon. Charles E. Schumer Hoh. Nita Lowey Hon. Elliot Engel Hon. John Hall Orange County Executive Edward A. Diana Putnam County Executive Robert J. Bondi Rockland County-Executive C. Scott Vanderhoef

Office of the County Executive Os P%'

goeorm g 148 Martine Avenue, 9th Floor White Plains, New York 10601 * - PITNEV BOWES 02 1A $ 00.410L 0004613598 FEB07 2008 MAILED FROM ZIPCODE 10601 Mr. Martin J. Virgilio Deputy Executive Director United States Nuclear Regulatory Commission Washington, D.C. 20555-0001