ML18081B062

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Responds to Concerning G Robinson Complaint Re 791010-11 Public Meeting & Failure to Address Potential Radiological Exposure for Distances Greater than Ten Miles from Facility.Public Participation Invited W/O Restraint
ML18081B062
Person / Time
Site: Salem PSEG icon.png
Issue date: 01/31/1980
From: Gossick L
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Hughes W
HOUSE OF REP.
References
NUDOCS 8002200197
Download: ML18081B062 (9)


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Docket No. 50-272 The Honorable Wi 11 i am J. Hughes M~mberll United States House~of Representatives 2920 Atlantic.Avenue Atlantic City, New Jersey 08401

£lear Congressman Hughes:

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J.&ru 3 1 1980 H_G_Ul.~IORY DOCKET FILE COPY.

This: is in response to your letter of November 16, 1979 to.Mr. Carlton c.

K()mr.ierer, Director, Office of Congressional Affairs~ Nuclear Regulatory Commission.

In your letter you transmitted a concern from Ms. Gail Robinson of Mauricetown, New Jersey.

You also requested information regarding how MRC obtains and handles public.comment.

You.indicated that Ms.. Robinson stated that she had attended a meeting in Salem, Hew Jersey that was led by officialS of the NRC at which only residents \\vithin a 10-mile radius of the Salem Nuclear Generating Station were allowed to speak concerning the generating station... During 1979 the

. NRC held four meetings in southern New Jersey relating to.the Salem

. Station.

Three. of these meetings (March 15-16, May 2-4, and July 10-11) were pre-:'hearing conferences and hearings held by a.NRC Atomic Safety and Licensing Board related to the proposed expansion of the storage capacity of the-spent fuel pool at Salem Unit No. 1 *. On October 10-ll, 1979, a*

meeting related to emergency preparedness at the Salem Station \\:*las.convened at Mancocks Bridge.

  • I am enclosing the NRC announcement of this meeting.

After finding no basis for Ms. Robinson's complaint in the records of these meetings; we contacted her by telephone to clarify thjs matter. It is now*

.our understanding th.at Ms. Robinson is primarily concerned over the failure of the meeting on October 10-11, 1979 to address, in greater depth, the potential. for radiological exposure at distances greater than ten miles from the Salem Station. Ms. Robinson indicated that she did not attend these meetings, but that she is -concerned for those residents who live outside the 10-mile Emergency Planning Zone- (EPZ) 'that has been established around the Salem Station.

I wish to add that public participation was invited without restraint, except for relevancy of subject matter, during designated periods of both the mprning and afternoon sessions of the public meeting

.held on October 11.

Participation in the technical discussions held on October 10 was limited to representatives of the licensee (-Public Service Electric.and Gas Company), state and local-agencies of New Jersey and Delaware and the NRC, although th~ public was invited as observers.

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Congre~sman Hughes ! am enclosing a document (NUREG-0396) prepared by the NRG and the U.. S.

Environmental Protection Agency that provides the bases for acceptable degrees of response planning efforts in the environs of a nuclear power plant.

You may wish to forward this document to Ms. Robinson to provide the background for the establishment of 10-mile lir.iits for an EPZ.

I direct her attention especially to the results presented in pages I-47 through 1-52 of Appenct1 x I of NUREG-0396.

In answer to your. question concerning the way in v111ich people may make public comments and. how these comments will be hand.1 ed by the NRC, I wou 1 d direct your attention to Title 10, Chapter. 1, of the Code of Federal*

Regulations..

Title 10 G.F.R. Chapter 1 contains the regulations promulgated by the Nuclear Regulatory Commission to implement the Atomic Energy Act of 1954 as amended by the Energy Reorganizatfon Act of 1974. Part 2 *of these regulations provides methods by which interested persons are able to submit petitions for rulemaking to the Conmrissior1, to comment on the Commission's proposed rules as published in the Federal Registm~, to intervene in hearings being conducted by the Commission or to make limited appearances at those hearings if intervention is not desir~d.

In addition to Federal Register notices, the MRC has established local public document rooms in public fac.il i ti es in t1"1e vicinity of nuclear power plant sites where information relating to the plant is made available for public use. The one for Salem is located at the Salem Free Public Library~ 112 West Broadway, Salem, Hew Jersey.

With respect to the Salem emergency plans, we have requested the licensee to submit revisions to these plans which, in our view~ will provide for more involvement of the local regional governments.

Ue \\'.1111 conduct our review of this matter in an open fashion (any meetings will be noticed and will be open to the public and all correspondence with the licensee will be placed in the local public document room) except for matters that relate directly to industria.l sabotage.

I trust you will find this letter to be responsive to your t'equest.

Enclosures:

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  • NRG Mews Rel ease for the Sa 1 em Emergency Planning Meeting
2.

NUREG-0396 OFFICE~,......*.. *.,.. *.********************

SURNAME.................. ***********.*********

DATE~.,.***....*...*....................*

Si nee rely,

~ lee v. Gossick

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Executive Di rector *for Opera.ti ons 1:ru.s. GOVERNMENT PRINTING OFFICE: 1979-289-369

N~c FORM 318 (9-76) NRCM 0240 DISTRIBUTION:

Docket File 50-272 NRC PDR Local PDR NRR Rdg ORB#l Rdg EDO Rdg LGossick ASchwencer WRoss CParrish HShapar

  • OELD HDenton NSIC ECase TERA HBerkow JButts WRussell MSt i ne DVassallo 7r~MJambor MGroff (EDO-OM3-l)

RMattson I&E {3)

DEisenhut OCA WGammill SECY 79-3125 (5)

BGr,mes ACRS (16)

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{ru.s. GOVERNMENT PRINTING OF~ICE: 1979-289-369

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 The Honorable William J. Hughes Member, United States House of Representatives 2920 Atlantic Avenue Atlantic City, New Jersey 08401

Dear Congressman Hughes:

~T~~~'.6'.e/~by.'~~sporm~to your letter of November 16, 1979 to Mr. Carlton C.

Kammerer, Director, Office of Congressional AffaJ[~,.,r::tJ~lear Regulatory Commission.

In your letter you transmitted a ~from Ms. Gail Robinson of Mauricetown, New Jersey~-aflfr-,Y:OU also requested information regarding how NRC obtains and handles pu5lic comment.

You indicated that Ms. Robinson stated that she had attended a meeting in Salem, New Jersey, that was led by officials of the NRC, at which only residents within a 10-mile radius of the Salem Nuclear Generating Station were allowed to speak concerning the generating station. During the past six months the NRC has held only two meetings in southern New Jersey relating to the Salem Station. During several days in June, a hearing related to expansion of the storage capacity of the spent fuel pool at Salem Unit No. 1 was held in Salem.

In October,jna two-day meeting relating to emergency preparedness at the Salem Station was held at Hancocks Bridge.

I am not certain if Ms. Robinson is referring to one of these meetings or not.

At the hearings in Salem, public participation was controlled by the rules of the Atomic Safety Licensing Board (ASLB) that was selected for this hearing.

It is my understanding that the ASLB permitted 111 imited appearances 11 from the public without restrictions on residence qualifica-tions.

The hearing sessions had been noticed in the Federal Register x

so that all interested parties could have an opportunity to participate.

Although these hearings have not been closed, the ASLB has not indicated iJrl//

~i-f* additional sessions will be held.

On October 10 and 11, 1979 the NRC staff sent a team to the vicinity of the Salem Station to discuss new criteria for upgrading the station's emergency preparedness plan with the owner, Public Service Electric and Gas Company, and with affected state and local agencies.

The NRC news release for this meeting is enclosed.

Two days of discussions were held at Hancocks Bridge, New Jersey. All meetings were open to the public as observers rather than as participants; however, time was set aside on October 11 for public participation without.restriction except that the subject was limited to emergency planning.l/fit is unfortunate if Ms. Robinson ix misunderstood that speakers were restricted to residents within a 10-mile radius of the Salem Station because this was not the case.

Nevertheless, we would welcome any comments Ms. Robinson or others may wish to offer,SI

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-a..nQ I am enclosing a copy of a letter on this matter that has been sent to Ms. Robinson.

Congressman Hughes

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With respect to informing the general public on regulatory matters before the NRC on licensed operating power reactors, as a minimum, we abide by the requirements established by the Atomic Energy Act of 1954 as amended and modified by the Energy Reorganization Act of 1974 and the implementing regulations provided in Chapter 10 of the Code of Federal Regulations.

These requirements call for prior public notification by publishing in the Federal Register a notice of proposed action with respect to a license amendment which involves a significant hazard consideration.

Such notices of proposed action provide that the licensee may request a hearing or any person whose interest may be affected by the proceeding may file a petition for leave to intervene.

In addition to Federal Register notices, the NRC has established local public document rooms in public facilities in the vicinity of nuclear power plant sites. The one for Salem is located at the Salem.Free Public Library, 112 West Broadway, Salem, New Jersey.

With respect to the Salem emergency plans, we have requested the licensee to submit revisions to these plans which, in our view, will provide for more involvement of the local regional governments.

We will conduct our review of this matter in an open fashion (any meetings will be noticed and will be open to the public and all correspondence with the licensee will be placed in the local public document room) except for matters that relate directly to industrial sabotage.

However, we have not determined that it is appropriate to hold a hearing on this matter or otherwise notice it in the Federal Register.

4>/2cl I trust you wiflAthis letter to be responsive to your request.

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Enclosures:

1. Letter to Ms. Robinson dated
2.

NRC News Release for the Salem Emergency Planning Meeting Sincerely, Lee V. Gossick Executive Director for Operations

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Docket No. 50-272 The H6norable William J. Hughes Member, United States House.of Repr<,=?sentati ves 2920 Atlantic Avenue Atlantir; Cit.v, New Jersey 08401

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Dear Congressman Hughes:

This is in ~p_onse to your. letter-of Novemb 1979 to Mr.. *carlton C~

Kammerer, Dire"btor, Office of Congressional ffairs, Nuclear Regulatory Commission..

rn"'your letter you transmitt a concern from Ms~ Gail.

Robi.nson of Mauri~town, New Jersey.

~~ also requested information -

regarding how NRC oBtains and handlesJ.-lic comment.

You indicated that Ms\\obinson stat,?.tl that -~he. had attended a meeting in Salem, New Jersey, that was led)~Y officials of the NRC, at which only residents within a 10-Nmile r~.dius of the.*Salem Nuclear Generating*

.- Station were allowed to spek co9cerning the generating station.

During the past six nionths the NRC -~s eld only two meetings in southern New Jersey relating to the Salem

  • ation.

During several days in June,

, a hearing related to expansi o,n f the storage capacity of the spGnt

  • fuel pool at Salem Unit No. jf wa's held in Salem.

In October, a two-day meeting relating to emergel}CY pre~aredness at. the Salem *station *was held _at Hancocks Bridge. ;t am not 'certain if Ms. Robinson ts referring

. to one of these meetings/or not..

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At the hearings i~ Salfi~, pu~lic parti\\ipation was controlled by the rules of the Atomic Spfety L 1censing Bo rd (ASLB) that was selected _

for this hearing..

I/ is my understandin. that the ASLB permitted 11limited appearances" from 17ne public without rest "ctions on residence qualifica-tions..

The heariryg sessions had been notic d in the Federal Register so that all intel}ested parties could have an opportunity to participate.

Although these 9earings have not been closed, the ASLB has not indicated that addition;-: sessions will be held.

On October 19 and 11, 1979 the NRC staff sent a

.am to the vicinity of the Salem Station to discuss new criteria for u grading the station's emergency p'reparedness plan with the owner, Public ervice Electric and Gas Compa~y, and with affected state and 1 ocal a gene

s.

The NRC news release f'or this meeting is enclosed.

Two days of di ussions were held at Hancocks Bridge, New Jersey.

All* meetings were\\open to the public as observers rather than as participants; however, time ~as set aside on October 11 for public participation without restriction except that the subject was limited to emergency planning.

OFFICE.,-. - *.. *....*.. * * * * *. * * * * * * * * * * * * * * *

  • SURNAME *...... *.*........ ************.*.. *****

DATE..................................... *.

NRC FORM 318 (9*79) NRCM 0240

-A-u.s. GOVERNMENT PRINTING OFFICE:'l979-289-369

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Congressman Hu.ghes It. is unfortunate if Ms. Robinson misunderstood *hat speakers were restricted to residents within a 10-mile radi of the Salem Station.

because this was not the case.

Nevertheless we \\-Jould welcome any comments Ms. Robinson or others may wish t offer.

I am enclosing a copy of a 1 etter on this matter that has een sent to Ms. Robinson.*

Hi th respect \\o informing the general bl ic on regulatory matters before the NRC on 1 ic~nsed operating power ;yactors, as a minimum, we abide by the ~e9uircm~ts established bY.111~.Atomi'c Energy Act of 19~4 as amended and modified b.'Y the Energy.Reorg~~at10n Act of 1974 and the implementing regulations provide~ in Chapter f of* the Code of Federal_,Regulations *.

These requirements dall for pri'-r public notification by publishing in the Federal Register ~-notic~ ff proposed action with respect to a

_l_k~nse amendment whic~\\involf'e~ a significan! hazard c*onsideration *. S~ch notices of *proposed actTon ryrov1de that the licensee may request a hearrng

. or any person whose i nte~¥ may be affected by the proceeding may file a pet it ion for 1 eave to* iy'tervene~

In additfon to Federal ~kgi,~ter notices, the NRC has established local.

public document rooms itn publ)-c facilities in the *vicinity of nuclear

. power plant sites. rte one fo~Salem is located atthe Salem Free Public

  • Li bra ry, 112 West Br adway, Sal ~l{l, New Jersey.

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l4ith respect to th; Salem emergency\\ plans, we have requested the 1 icensee to submit revisioos to these plans which, in our view, will provide for more involvement 'A>f the local regionA{ governments.

We will conduct our review of t~4~ matter in an open f-ashion (any meetings will be noticed and *wiljl be open to the public \\rnd a11 **correspondence with the.*

.licensee \\~rill pe placed in the local pub\\iic document room) except *for matters that £elate directly to industria\\t sabotage.

However, we have not detern1in~Cl that it is appropriate to llbld a* hearing on this matter or otherwise n°(ice it in the Fed_eral Reg.ister\\.

I trust you.will find this letter to be resp~sive to your request *. *

.. Sincere~\\

  • En¢1 osures:
  • l.
  • Letter to Ms. Robinson
  • *dat(:'!d *
2.

NRC News Release for the Salem Emergency Planning Meeting

\\*.

Lee V~ Gossi ck Ex.ecuti-ve Director _for Opera:tions

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Docket No. 50-272 e

e UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 The Honorable William J. Hughes

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Member, United States House of Represent~tives 2920 Atlant'c Avenue Atlantic Cit)', New Jersey 08401 I

Dear Congressman Hughes:

I This is in res~onse to your letter of N 1ovember 16, 1979 to Mr. Carlton C.

Karrmerer, Direct r, Office of Congres~onal Affairs, Nuclear Regulatory Commission.

In our letter you tranJ'm~tted a concern from Ms. Gail Robinson of Mauri etown, New Jersey; You also requested information regarding how NRC btains and hand]es public comment.

I You indicated that M~ Robinson f.tated that she had attended a meeting in Salem, New Jersey t&t was led by officials of the NRC at which only ii{p residents within a 10- ile rad/us of the Salem Nuclear Generating Station C/

were allowed to speak c ncern,ifng the generating station. During 1979 the

J' NRC held four meetings irtsofithern New Jersey relating to the Salem 0

,.,'11.>'

.,----*--~~-~3~.U_QJJ.~ _____.lb!'_g_e___Qf these ~~et i ngs (March 15-16, May 2-4, and Jjl}Y._J_O.=-ll), ;;.:;:" :;*"

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were pre-hearingp\\and hear/Dgs held by a~* NRC Atomic Safety.<[icensing Board

\\J' related to the proposed e1<pa~si on of the storage capacity of the spent fuel pool atySalem Unit No. 1( On\\October 10-ll, 1979, a meeting related to emerge,ericy preparedness ;at the\\~alem Station was convened at Hancocks Bridge.

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I am enclosing the NRC announce~ent of this meeting.

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After finding no basi for Ms. Rdbinson's complaint in the records of these meetings, we contact d her by tel~phone to clarify this matter.

It is now our understanding t t Ms. Robinsor\\ is primarily concerned over the failure of the meeting on 0 tober 10-11, 19 to address, in greater depth, the potential for radi logical exposure t distances greater than ten miles from the Salem Station.

Ms. Robinson indi ated that she did not attend these meetings, but th she is concerned fo those residents who live outside the 10-mile Erner. ency Planning Zone (EP that has been established around the Salem Stati n.

I wish to add that p lie participation was invited without restra nt, except for relevancy o subject matter, during designated periods of both the morning and afternoon $essions of the public meeting held on October 11.

Participation in the technical discussions held on October 10 was limited to representatives of the licensee (Public Service Electric and Gas Company), state and local agencies of New Jersey and Delaware and the NRC, although the public was invited as observers.

~

Congressman Hughes I am enclosing a document (NUREG-0396) prepared by the NRC and the U. S.

Environmental Protection Agency that provides the bases for acceptable degrees of response planning efforts in the environs of g.nuclear power plo/fft~ You may wish to forward this document to Ms. Robinson to provide ~he ackground for the establishment of 10-mi,le limits for an EPZ.

I direct her ttention especially to the results p~esented in pages I-47 through I-52 of Append"x I of NUREG-0396.

//

/'

In answer to you \\question concerning the way _;rri which people may make public comments and how these comments will 9~ handled by the NRC, I would direct your attenti~p to Title 10, Chapter y, of the Code of Federal Regulations. Title l'O C.F.R. Chapter l cqJitains the regulations promulgated by the Nuclear Regulat'e.ry Commission to }mplement the Atomic Energy Act of 1954 as amended by the Energy\\Reorganization;Act of 1974.

Part 2 of these

/~

regulations provides mettlo9s by which interest~tpersons are able to submit petitions for rulemaking to, the Commi;S'sion, to comment on the Commission's pr?posed rules as publishe(*\\n.t~he Eederal Reg~s~er~ to intervene in hearings being conducted by the Comm1 ss10n, r to make 11 mi ted appearances at those hearings if intervention is not. d sired.

\\...

In addition to Federal Registey'n*otices, the NRC has established local public document rooms in puJil"c fac.il. ities in the vicinity of nuclear power plant site~~The one or Salem is located at the Salem F.ree Public

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Library, 112 West BY1,_oadway3' Salem, New Jersey.

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~1,,1/.,y~* 1tif!d~1,;.,/1fh -_rc.la/.1"l'j Ir;.,eif ;J!t?-rrt'.1.s. 111,;;1Je

.1llr.uf~t;*/t, h1 ;J/;.f!/,c With respect to the Sale emergency plans, we have requested the licensee uS*t." 1 to submit revisions to i ese plans which, in our view, will provide for more involvement of th local regional gdvernments.

We will conduct our review of this mater in an open fashion (any meetings will be noticed and will be pen to the public and a.Jl correspondence with the licensee will be pl ced in the local public document room) except for matters that relat directly to industrial sabbtage.

I trust you will find this letter to be responsi;;o~o your request.

Sincerely,

\\

Enclosures:

1.

NRC News Release for the Salem Emergency Planning Meeting

2.

NUREG-0396 Lee V. Gossi ck Executive Director for Operations