ML19331E377

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Discusses 800527 Testimony by V Boyer,Util Senior Vice President,Re Emergency Planning.Nrc Met W/Boyer on 800630. Boyer Has Committed to Assuring That All Util Mgt Levels Have Sincere Commitment to Effective Emergency Measures
ML19331E377
Person / Time
Site: Limerick  
Issue date: 08/20/1980
From: Ahearne J
NRC COMMISSION (OCM)
To: Markey E
HOUSE OF REP.
Shared Package
ML19331E374 List:
References
NUDOCS 8009100078
Download: ML19331E377 (1)


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UNITED STATES NUCLEAR REGULATORY COMMISSION E

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August 20, 1980-CHAIRMAN l

The Honorable Edward J. Markey United States House of Representatives Washington, D.C.

20515

Dear Congressman Markey:

On June 4, 1980, you and Congressman Kostmayer wrote to me expressing concern about oral testimony on emergency planning given on May 27, by Mr. Vincent Boyer, Senior Vice President, Nuclear Power, of the Philadelphia Electric Company, before the Subcommittee on Energy and the Environment of the House Committee on Interior and Insular Affairs.

In replying to you on June 30, Mr. William Dircks, Acting Executive Director for Operations of the Nuclear Regulatory Commission, mentioned arrangements for a meeting with Mr. Boyer oy Mr. Harold Denton, Director of the NRC Office of Nuclear Reactor Regulation, to discuss this matter in greater detail. That meeting was held on June 30, 1980 and was attended by both Mr. Denton and Mr. Victor Stello, Director of the NRC Office of Inspection and Enforcement.

Based on this meeting, it appears that Mr. Boyer recognizes the importance of emergency planning to public safety and has committed to assuring that all management levels of the Philadelphia Electric Company have a sincere and apparent conmitment to effective emergency protective measures. A copy of the July 15, 1980, letter to Mr. Denton from Mr. Boyer is enclosed.

In the letter Mr. Boyer states that he has reiterated to the management of the Departments at the Philadelphia Electric Company the importance of emergency planning as a protective measure in maintaining the health and welfare of the general public and that this position has the support and approval of the President of the Company.

We shall continue to monitor the actions taken to make sure that they comply with the requirements of the Nuclear Regulatory Commission.

Sin erely,

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/r John F. Ahearne

Enclosure:

Letter dtd July 15, 1980 to Mr. Denton from

. Mr. Vincent Boyer 8009100078 a

W PHILADELPHIA ELECTRIC. COMPANY 2301 MARKET STREET P.O. BOX 8699 PHILADELPHI A. PA.19101 (215)841-4500 V. S. BOY ER SR. V8CE PMESIDENT July 15,1980

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Mr. Harold Denton Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission 7920 Norfolk Avenue Bethesda, MD 20555

Dear Mr. Denton:

I was pleased to have the opportunity to meet with you on June 30 to clarify the statements made by me at the hearing held in Newtown, Pennsylvania on the subject of emergency planning for the Limerick Gen-erating Station.

Congressmen Kostmayer/Markey's letter states that "It is our belief that the protection of the public health and safety depends to a great extent on the attitudes and commitment on the part of the managers of the nuclear power industry." In fact, this commitment has been the overriding philosophy of Philadelphia Electric Company since its entrance into the nuclear power field in the late 1950s.- Safety has been an overriding concern in all of our activities related to our nuclear facilities.

The Kostmayer/Markey letter excerpted a statement made by me at the hearing which led to a misimpression of my views. More than four pages of my testimony cover the important area of emergency planning and concludes with the statement, "Our goal is to have an emt 'ency plan which is respon-sive to the most recent NRC criteria, which is

.dly coordinated with the Pennsylvania Emergency Management Agency ar. County plans and which utilizes the experience gained at Peach Bottom. Further, while we believe that the conservative design of the plant, its extensive safety features, and the operation of the plant by well-trained personnel will preclude the need to ever ' fully utilize the plan, we will be ready, with trained personnel, to fully implement the plan for the protection of employees and.the public." My com-plete testimony was delivered to every Company employee during the week following the hearing.

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-Mr. Hrrcld Danton 2

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I havo reiterated the importance of emergency planning as a pro-tective.neasure in maintaining the health and welfare of the general public' to the management of the Electric Production and Engineering &

t Research Departments. My message has the support and ap", oval of our Company President, Mr. J. L. Everett, and he has personal.f reviewed this matter with the Vice Presidents of the departments involved in our nuclear activities.

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Dear Mr. Chairman:

On May 27, the Subcommittee on Energy and the' Environment held.a day-long field hearing in Newton, Pennsylvania to EE review emergency planning and evacuation procedures in W

the area of the Limerick nuclear power plant currenEly 3

.under construction by the Philadelphia Electric Company

s in Limerick Township, Mon.tgomery Count,, Pennsylvania.

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.. i The Subcommittee received testimony from Mr. Harold Denton, W

head of the NRC's Office of Nuclear Reactor Regulation. Mr.

55 Denton reiterated the basic thrust of the Commission's l:.E proposed rule on emergency planning, and stated in part:

EE ik our current approach places significantly M

increased emphasis on emergency planning

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.as a necessary additional measure required for the protection of public health and safety... Probably the most influential si development is ea explicit consideration 5]

of the total spectrum of potential 3

radiological accidents. Formerly the 5

planning process has been based only on

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a limited portion of the spectrum -- to 1E accidents of severity up to and including

=e the most serious design basis accident.

Now, the planning process has been 5

expanded to include core melt accidents.

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(emphasis added).

But under questioning by us at the same hearing the 3

Philadelphia Electric Company demonstrated considerable W

antipathy to a number of the NRC's safety policies j

currently under consideration. According to Vincent E

Boyer, Senior Vice President of the Company, s

i Evacuation plans are just the window dressing anc the final back-up plan'.

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Mr. Boyer further contended that the Low Population Zone

$k (LPZ) for Limerick of 1.7 miles was "more than adequate"

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for the purposes of evacuation planning, even though the EE concept of the LPZ has been completely discredited by El Congressional and in.' 2 pendent studies, and has been 15 replaced by the Emergency Planning Zone (EPZ) by the NRC.

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For Limerick, the 10 mile EPZ contains almost a quarter gi of a million people.:

But Mr'. Boyer said, "We don't think

  1. 5 the 10 mile region is that populous."

Mr. Boyer perhaps best summed up the position of the Philadelphia Electric i

Company by stating, " Emergencies that will require evacuation will not occur."

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We hope he is right.

But it is this very attitude which has been abandoned by the NRC and we think it should be

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abandoned by the industry as well.

The fact that Mr..

f Boyer and his company still hold this view does nothing

.EX to reassure us or the almost 4 million people living fE within 30 miles of the plant.

(1 EE It is our belief that the protection of the public health and safety depends to a great extent on the attitudes and commitment on the part of the managers of the nuclear E

power industry.

The enormous complexity of nuclear j=

technology and the demands of day-to-day plant operations EE

.cannot be assured by a mere regulatory code.

Rather, as is

-the President's Commission on the Accident at Three Mile M

Island concluded:

_...a We have stated that fundamental changes

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must occur in organizations, procedures, i

and above all, in the attitudes of people.

No amount of technical " fixes" will cure E

this underlying problem.

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proposed improvements are carried out in s

a " business as usual" atmosphere, the i

fundamental changes necessitated by the accident at Three Mile Island cannot be E

realized.

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The issue of licensee attitudes was also raised at a second

--E hearing on May 29 of the House Government Operations Sub-

@l committee on the Environment, Energy, and Natural Resources,

[j) on the NRC's new Performance Assessment Board (PAB) program.

E Representative Kostmayer, who chaired the heartng, referred l:5 to the Boyer testimony, and asked Mr. Victor SLello, E

Director of the NRC's Office of Inspection and Enforcement,

[3 whether or not evidence of a utility's attitude obtained W

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E5Ei from a Congressional hearing could be included in the EEE NRC's assessment of the utility's ability to comply with

==E NRC's safety regu3ations.

Mr. Stello replied, "It -

f certainly whets my appetite for wanting to know more about it.

if we had that problem I would want very quickly E=E to have a chat with one of the senior. officials of that

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. probably very quickly."

company.

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In view of the frict that the Philadelphia Electric hhf Company is planning to have Limerick Unit 1 on-line by 1985, we share the concerns expressed by Mr. Stello.

We 7?M therefore request that the NRC seriously consider the attitudes expressed on May 27 by Philadelphia Electric

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and determine whether or not the Company's permit for t.=:s the construction of a nuclear power plant at Limerick is

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consistent with the public health and safety.

We look forward to your reply.

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Edward J.

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Mr. John F. Ahearne ER Chairn.an Nuclear Regulatory Commission IE:

Washington, D.C.

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j JUN 3 01980 The Honorable Peter H. Kostmeyer United States House of Representatives Washington. D. C.

20510 Dear Coggressman Kostmayer-On June 4,1980 you and Representative Markey wrote a letter to Chairnan Ahearne expressing your concerns with r'egard to th'e thrust of the testinony of Mr. Vincent Boyer. Senior Vice President of Philadelphia Electric Company.

Chairman Ahearne has asked me to respond to that letter,.

This testimony was given on Day 27.19P,0 before the Subcommittee on Energy and the i

Environment in a day-long hearing in f ewtown, Pennsylvania and focused i-on energency' planning and evacuation procedures for the Limerick Generating Station.

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t'r. Dentor, Wio also testified before your subcmnittee that' day, was unable to remain after completing his testimony and hence was not present during Mr. Poyer's testinony.

However. we share your concerns and agree with the recarks Mr. Stello made on t'ay 29, 1980 before the House Government Operations Subconnittee on tbc Environment. Energy and Natural Resources.

l As a result Mr. Denton has arranged to meet with Pr. P,cyer on June 30 1980 I

to discuss this matter in greater detail.

l We appreciate your renarks and will be happy to discuss this raatter in greater detail after meeting with Mr. Poyer, if you so desire.

Sincerely.

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W@tLD Wihm J. Ditc!.7 i

l Villian J. Dircks, Acting Executive Director for Operations cc

.The Ponorable Edward J. ".arkey United States House of Representatives Washington, D. C.

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