ML17349A509

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Ack Receipt of Petition of 921023,submitted on Behalf of Public Citizen,Greenpeace,Nuclear Info & Resource Svc & Safe Energy Communication Council (Petitioners) Alleging Number of Deficiencies W/Emergency Planning at Plant
ML17349A509
Person / Time
Site: Turkey Point  
Issue date: 11/13/1992
From: Murley T
Office of Nuclear Reactor Regulation
To: Riccio J
AFFILIATION NOT ASSIGNED
Shared Package
ML17349A510 List:
References
NUDOCS 9212010334
Download: ML17349A509 (5)


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~O 4~*~4 UNITEDSTATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 November 13, 1992 Sp~Egjvff'p Hr. James P. Riccio Energy Campaigner Public Citizen 215 Pennsylvania

Avenue, SE.

Washington, DC 20003

Dear Hr. Riccio:

I am writing to acknowledge receiving a Petition of October 23, 1992, that you submitted on behalf of Public Citizen, Greenpeace, Nuclear Information 5 Resource

Service, and the Safe Energy Communication Council (Petitioners) to the Executive Director for Operations of the U. S. Nuclear Regulatory Commission (NRC) pursuant to Section 2.206 of Title 10 of the Code of Federal II 1

i 11 CFR 2.206).

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1 5 EP prepare a response.

In the Petition, you requested that the NRC issue an order to show cause to the Florida Power and Light Company (FP&L or Licensee) as to why the nuclear units at the Turkey Point Nuclear Generating Plant should not remain closed or have their operating licenses suspended by the NRC unless and until such time as the Licensee demonstrates full compliance with the NRC's emergency planning regulations.

The Petition alleged a number of deficiencies with emergency planning at Turkey Point because of the effects of Hurricane Andrew.

The Petitioner alleged deficiencies in the areas of notification during an accident, notification of persons with special

needs, and evacuation plans.

In alleging these deficiencies, Petitioners relied in part on a preliminary report prepared by the Federal Emergency Hanagement Agency (FEHA) and forwarded to the NRC on October 16, 1992.

The Petitioners also alleged deficiencies in the coordination between the Licensee, and Federal, State and local agencies responsible for radiological emergency response planning based on the circumstances surrounding the initial restart of the Turkey Point Unit 4 after Hurricane Andrew.

The Petitioners alleged that the NRC allowed the Licensee to restart the reactor without any coordination, advance notice, or request that FEHA confirm offsite capabilities.

The NRC has considered your request in the Petition that the nuclear units at Turkey Point not resume operation or that the operating licenses for these units be suspended until your concerns have been addressed.

The NRC has concluded, upon reviewing a letter and interim report of October 23,

1992, from FEHA, that the conditions which led to the NRC request that Turkey Point not be operated until FEHA reviewed offsite emergency preparedness have now been satisfied.

I have enclosed a copy of the FEHA letter and interim report.

Upon conducting an assessment of offsite preparedness and compensatory actions

taken, FEHA reaffirmed that there is "reasonable assurance that the public MRC BE CRT'V r0

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> Hr. James P. Riccio t health and safety can be protected in the event of a radiological emergency at the Turkey Point Nuclear Power Plant."

In making its assessment, FEMA considered the areas of concern raised by Petitioners regarding offsite emergency preparedness.

FEMA made the assessment with "extensive coordination among

FEHA, NRC, the State of Florida, Dade and Monroe County emergency management officials, and Florida Power and Light."

The NRC previously concluded that plant conditions at Turkey Point Units 3

and 4 are such that there is reasonable assurance that they can be operated safely.

Therefore, on October 23, 1992, the NRC informed the Licensee that, based on FEMA's assessment of offsite emergency preparedness and the NRC's safety assessment, there was no longer any reason pertaining to nuclear safety that would prohibit the nuclear units at Turkey Point from resuming operation.

On October 24, 1992, the Licensee returned Turkey Point Unit 4 to service and has scheduled to restart Unit 3 on November 25, 1992, after its refueling

outage, Accordingly, your request that the operating licenses for the Turkey Point Units be suspended until your concerns are addressed is denied.

As provided by 10 CFR 2.206, the NRC will act on the specific issues raised in your Petition within a reasonable time.

For your information, I have enclosed a

copy of the notice that is being filed with the Office of the Federal Register for publication.

Sincerely,

/sf Thomas t. Hurley, Director Office of Nuclear Reactor Regulation

Enclosures:

1.

FEMA letter and interim report 2.

Federal Receister Notice cc w/enclosures:

Hr. Dennis Kwiatkowski, FEHA Licensee Service List J. Taylor J. Sniezek H. Thompson S.

Ebneter J.

Lieberman W. Russell F. Gillespie

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Florida Power and Light Company Turkey Point Plant CC:

Harold F. Reis, Esquire Newman and Holtzinger, P.C.

1615 L Street, N.W.

Washington, DC 20036 Jack Shreve, Public Counsel Office of the Public Counsel c/o The Florida Legislature 111 West Madison Avenue, Room 812 Tallahassee, Florida 32399-1400 John T. Butler, Esquire

Steel, Hector and Davis 4000 Southeast Financial Center
Miami, Fl orida 33131-2398 Mr. Thomas F. Plunkett, Site Vice President Turkey Point Nuclear Plant Florida Power and Light Company P.O.

Box 029100 Miami, Florida 33102 Joaquin Avino County Manager of Metropolitan Dade County 111 NW 1st Street, 29th Floor Miami, Florida 33128 Senior Resident Inspector Turkey Point Nuclear Generating Station U.S. Nuclear Regulatory Commission P.O.

Box 1448 Homestead, Florida 33090 Mr. Jacob Daniel Nash Office of Radiation Control Department of Health and Rehabilitative Services 1317 Winewood Blvd.

Tallahassee, Florida 32399-0700 Mr. Robert G. Nave, Director Emergency Management Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Administrator Department of Environmental Regulation Power Plant Siting Section State of Florida 2600 Blair Stone Road Tallahassee, Florida 32301 Regional Administrator, Region II U.S. Nuclear Regulatory Commission 101 Marietta Street, N.W. Suite 2900 Atlanta, Georgia 30323 Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304 Plant Manager Turkey Point Nuclear Plant Florida Power and Light Company P.O.

Box 029100 Miami, Florida 33102 Mr. R.

E. Grazio Director, Nuclear Licensing Florida Power and Light Company P.O.

Box 14000 Juno

Beach, Florida 33408-0420 Mr. J.

H. Goldberg President - Nuclear Division Florida Power and Light Company P.O.

Box 14000 Juno

Beach, Florida 33408-0420