ML19253B306
| ML19253B306 | |
| Person / Time | |
|---|---|
| Issue date: | 08/28/1979 |
| From: | Malsch M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML19253B305 | List: |
| References | |
| FRN-44FR41483, RULE-PR-50 NUDOCS 7910100685 | |
| Download: ML19253B306 (1) | |
Text
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8, NUCLEAR REGULATORY COMMISSION S' l 915 a
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'I s.:o NOTE TO:
amuel J. Chilk, Secretary FROM:
Martin G. Malsch, Deputy General Counsel
SUBJECT:
EXTENSION OF TIME REQUEST IN EMERGENCY PLANNING RULEMAKLNG One cou:menter to the Cor: mission's Advance Notice of Proposed Rule-making on Emergency Planning has requested a 60-day extension of time to file cou:ments: the document is captioned a petition to intervene.
(Attachment 1).
We recou: mend that you exercise your authority under ID CFR 2.772(b) to deny the motion since the Com-tcission has expressed the view that the rulemaking be completed on an expedited basis.
See Memorandum from Chilk to Cossick, Conmis-sion Guidance on Emergency Planning Rulemaking, July 31, 1979.
At the same time, the con:menter should know that its comments will be considered and that a proposed and. 'nal rule would be available for comment in the fall.
We have pr spered a proposed response for your signature.
(Attachment 2),
Attachments 1.
Petition to: intervene Proposed response 2.
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Chairman H drie Cor:missioner Gilinsky Commissioner. Kennedy Commissioner Bradford Commissioner Ahearne OPE EDO SD/SDSB SECY vgg1.01@ e F
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_ l_.l. ~.~ EDGEC"d3 CITIZENS COMM.u a EE CONCERNED ABCUT NUCLEAP PQ'ER RD Box 346, P00 O% g %ggs e
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-' North Edgecomb, Mc:ine 04556 8 August 1979 i N7 i
o*h U. S. Nuclecr Regulatory Cocmission bg37 Wcshington, D. C. 20555 D
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p PETITICN TO INTERVENE g
A st3 SUBJEC7:
NRC Document #7590-01,12 Ju'y 1979 (10 CFR Port 50 Appendix E7 ADECUACY AND AQ,6: ANCE CF EM=.r<GENCY PLANNING ARCOND I,UCLEAR PLANTS The Edgecomb Citizens Committea Concerned About Nuclear Power, a non-profit group incorporated in the Stcte of Maine, seeking to represent public iryterest in the metter of nuclecur power, cnd ccm-prised of citizens living within the evccuction =one of Mcine Ycn-kee nuclecr plant hereby petitions to intervene in the mctter of proposed rulemoking (NRC Oocument 87590-01, dated 12 July 1979).
We petition the Nuclecr Regulatory Commission to -extend the deed-lline f or public imput on radiologicci emergency e ulemaking en
- cdditionci 60 dcys from the end of August to the end of October 1979.
The recson for this petition is that sufficient notice hcs not been provided for a recsoncble cmount of public Emput in a matter vitc1 to public safety.
Before recsoncble end pt eductive sugges-tions ccn be developed, time and money-consuming cssessments must be underteken.
SCME FACTCRS SEARING CN THE SITUATICN CF MAINE YANKEE:
1)
GEOGRAPHY:
Mcine Ycnkee is sited ct the hecd of an estucry next to en unprobed cnd mcjor geologic fculd.
The ec.-thqucke ll24 310 0
UOf C(
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ECCCANp/NRC 2.
.e resistance of its containment"is dubious beyond force 6 Peninsulcs with limited cecess contcin various population clusters end p' roject se$wced of the plcnt limiting evacuc-
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tion possibilities.
Cocstal snowstorms frequently blanket the crea closing even principal crteries for extended per-iods of time.
Temperature inversions cre common over Maine Ycnkee.
Gale winds and vulnercbility to hurricanes could present specici problems for cir cnd sec evacuation.
Many of the region's side rocds are unpcVed and imposscble for periods of four to six weeks during Springtime due to mudding.
NOTE:
The crea is served by light duty overhecd power end telephone lines which cre frequently knocked out of' service by even smcIl storms.
2)
ECO.'31ICS :
The costs of on cdequcte response to rcdiologicci emergency would be monumentcl.
Maine is the poorest stcte in the Union on a per ccpite bcsis.
Lincoln County - most of f ect-ed by en emergency at Mcine Ycnkee is one of the poorer counti-es in the stcte.
Lincoln County he:. c substantici number of elderly citi:: ens on fixed incomes.
c4ost towns cre served by under-equipped, volunteer Fire Departments.
Only c few can efford First Aid cnd Ambulance services.
3)
LIFE STYLE:
Beccuse of its rurcl, wooded cnd seccocst ncture mcny crec people spend a good deel of time out-of-doors cnd out of recch of corrmunication - cway from their homes.
These would include (but not ext:1usively) woodcutters, hunters, formers,
c1m diggers, wormers, cnd fishermen.
Adding to evacuot. ion diffictilties are f our hospitals within the evacuation zone, severcl isolcte.1 nursing homes end, less then 30 miles down-wind, Thomeston State Prison.
To dcte Mcine also lacks cde-quote reception facilities for evccuees.
4)
FCLITICAL:
Mcine people cre, by and 1crge, loyc1 cnd con-servctive.
At present they tend to confuse cecepting unciue aisk with patriotiam.
The distinction between c government j
ll2k
a.
licensed - private utility and c Co. rnonwecith necessity has d
not been made elecr.
Of a consequence most crea citizens T
cre uncwcre that the licensee bec.*s no resposisibility in on gg emergency situction beyond plantsite.
It is a coarnon, though at present unsupportcble, belief thct they will some-g C
how "be teker ccre of".
In fact, the question remains - who g
will bear responsibility for the lives, proper ty, cnd future C""3 generatiens of M:ine people in the event of a Class 9 ceci-C dent?
SUMMATICN:
The input of nctionci public interest groups ecnnot be dep-ended upon-to best represent the interests of the region inasmuch as there is nothing to indiccte that they cre fcmilict-with cil the f actors particular to, end af fecting this crec.
While publication in the Federcl Register mcy recch nctienci public interest groups, crea citizens were totally uncwore of the proposed rularmckirig, until the Edgecomb Citizens Committee ettempted to dissemincte such informo-tion af ter July 31, 1979.
In f act the Edgecemb group would not have been cwcre of the cc11 for public input hcd not c regu2cr recder of the Federcl Register in Washington forwcrded c copy of the document referenced cbove.
We conclude that the legc1 chcrge of the Ca. ~ssion to provide f or the public safety to the best of their cbility hes; not been fulfilled.
We so conclude beccuse while de jure public notice may hcve been given, de fccto notice (best ccccmplishecf ira ccarnon medic) wcs not given.
ww.d Raymond G. Shedis f or the Seced o" Directors EDGECCt43 CITIZENS CC -WITTEE CCNCERNED ASCUT NUCt E.R PCWER RGS/jpr jj}4 3j]
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