ML19354D607
| ML19354D607 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 12/21/1989 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Sarbanes P SENATE |
| Shared Package | |
| ML19354D608 | List: |
| References | |
| CCS, NUDOCS 8912280213 | |
| Download: ML19354D607 (6) | |
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{{#Wiki_filter:- -1 December 21, 1989 I The Honorable Paul S. Sarbanes United States Senate Washington, D.C. 20510
Dear Senator Sarbanes:
I am responding to your letter of November 22, 1989, in which you requested that the U. S. Nuclear Regulatory Connission (NRC) review the concerns raised by one of your constituents, Mr. Melville H. Peters, and provide you with a response that addresses the concerns that are under the jurisdiction of the NRC. Although Mr. Peters is primarily concerned about the effect of the.Calvert~ . Cliffs Nuclear Power Plant on the value and safety of his property on Taylor's ' Island,'Paryland,'he raises five concerns that pertain to the operation of ~ nuclear power facilities. These concerns are generally associated with two areas under the purview of the NRC: (1) emergency planning (2) indemnity policy. The NRC staff has reviewed current legislation and regulations that affect Mr. Peters' concerns and that ensure the continued protection of the public health and safety. The enclosure to this letter addresses his concerns. I hope that this letter and the enclosure adequately respond to your request. Sincerely, James M. Taylor Executive Director for Operations
Enclosure:
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'4 ENCLOSURE NRC RESPONSE TO CONCERNS 2!. MELVILLE H. PETERS Mr. Peter's concerns have been divided into three distinct categories: (1) emergency planning, (2) indemnity policy and (3) other issues not under NRC
- purview, Responses to concerns in categories (1) and (2) are provided below.
EMERGEN_CY PLANNING Mr. Peters' concerns appear to stem from emergency planning provisions incorporated by Congress into the NRC Authorization Act for fiscal year 1980, Public Law 96-295, following the Three Mile Island accident. Included in these Congressional emergency planning provisions was a requirement that all operating nuclear plants have approved State emergency plans. In addition, r the Consnission was directed to promulgate minimum requirements for State emergency plans within 6 months of the date of this bill's enactment. To meet these legislative requirements, on August 8, 1980, the Commission promulgated regulations governing emergency plans, 10 CFR 50.47, that specifically established a plume exposure pathway emergency planning zone (EPZ) of about 10 miles in radius around nuclear power plants. The new EPZ of about 10 miles was established as a generic distance out to which predetennined actions would provide radiation dose savings for possible reactor accidents. Succestion 1: " Signs should be posted to inferm people when they are entering a plume zone and these signs should inform people as to what they should do if the sirens go off to warn them of danger." _ Response: Annually, the licensee mails information abcut potential emergencies at the nuclear power plant to all residences located within the 10-mile plume exposure Management Agency (FEMA) g zone (EPZ). Furthermore, the Federal Emergency pathway emergency plannin requires State and local governments, with jurisdiction over the plume exposure pathway EPZ, to identify any likely transient or recreational area populations within the EPZ and their information needs.
J.' c 2 Locations evaluated for transient populations include, for example, guest lodgings and hunting, fishing and boating areas. Information describing plant emergency sirens and associated emergency actions must be posted in commercial lodgings and establishments and at access points to remotely located recreational areas. For Calvert Cliffs this information is available at all commercial telephone locations. The NRC staff believes that these postings in likely recreational and transient population locations, as well as the annual information mailings to residences within the EPZ, provide the most effective means of notifying residents and transients of the actions they should take in the event of an emergency at a nuclear facility that requires immediate public warnings. Consequently, additional postings of warning signs around the perimeter of the EPZ would not significantly improve the postings and information currently required. 1 Suggestion 5: "There should also be more efficient testing or surveillance of the levels of radiation within the plume zone."
Response
During an actual emergency, if a radioactive plume were headed in the direction of Taylor's Island, the Calvert Cliff's Emergency Plan provides for dispatching survey teams to the island. There are seven predesignated survey locations on Taylor's Island and the teams can make measurements on any roads. In addition, the State emergency plan provides for dispatching survey teams to locate and characterize the plume. The NRC reviewed and approved the utility's Emergency Plan and FEMA reviewed and approved the State's emergency plan. L Succestion 6: "A study should be made to improve the present warning and evacuation systems."
Response
FEMA performed an engineering review of the alert and notification system, I around the Calvert Cliffs Nuclear Power Plant. Following a full actuation test of that system, FEMA also conducted a telephone sample survey of the residents living within the plume exposure pathway EPZ. On June 10, 1986, FEMA certified that the alert and notification system at Calvert Cliffs was in full compliance with all existing alert and notification system standards.
..s _ INDEMNITY POLICY-Succestions 3 and 7: "There should be some type of notification that insurance is inadequate for a nuclear disaster. Some arrangement should be made to make persons who own properties within a plume zone whole if losses should result from o nuclear disaster since the federal insurance is inadequate and private insurance is not available." " Steps should be taken to eliminate any possibility the event of a disaster that tort actions should have to be brought against public utilities, public agencies or public authorities. There could be laws that would require that i loans on properties damaged by a nuclear disaster will be paid off at no expense to the property owners. The laws should also require that persons be relocated I in properties more or less equivalent to their properties that are destroyed and the new location should be safe, sound and sanitary. The language of this law could be similar to that of the Federal Highway Administration when people or families have to be relocated for the construction of roads, airports, etc." L
Response
Suggestions 3 and 7 of Mr. Peters' letter assume that the funds available under the Price-Anderson Act will not be sufficient to satisfy public liability c1cirs arising out of a large nuclear incident. The Coninission is aware that members of the public cannot obtain private insurance to cover radiation damage to real or personal property (e.g., an individual's residence) sustained as a result of a nuclear incident. However, Mr. Peters assertion that the Price-Anderson Act provides insufficient insurance to satisfy public liability claims for pro of or damage to property or loss of use of property)perty damage (i.e., loss arising out of a nuclear incident may not be true. The Price-Anderson scheme entails a two-tiered insurance system for satisfying -public liability claims. The first (or primary) layer consists of a fixed amount of nuclear liability insurance, currently $200 million, provided on a
- per site basis to utility-licensees operating large nuclear power reactors (such as Calvert Cliffs Nuclear Power Plt.nt, Units 1 and 2) by the nuclear liability insurance pools. This primary layer of insurance is supplemented by a secondary for deferred premium) layer of insurance that is required only of licensees operating large nuclear power reactors.
In the event of a nuclear incident resulting in damages to the public in excess of $200 million, each licensed large nuclear power reactor facility would be assessed a prorated share of the damages that exceed the primary insurance coverage ($200 million) up to $63 million per reactor per incident. The maximum amount of secondary insurance that any licensed large nuclear power reactor facility would be obligated to pay in a single calendar year is limited to $10 million per reactor per incident. With 115 large nuclear power reactors currently participating in this system, the secondary layer of insurance is equal to $7.245 billion. Thus, the total fund available to satisfy public liability claims resulting from a single nuclear incident at the Calvert Cliffs Nuclear Power Plant would be $7.445 billion.
4-e ,. Section 9 of the Price-Anderson Amendments Act of 1988 (Public 1.aw 100-408, enacted August 20, 1988, estdblished a Presidential Comission on Catastrophic Nuclear Accidents to study means of fully compensating victims of a catastrophic nuclear accident for liability claims that exceed the amount of aggregate public liability (i.e., the total amount of liability insurance required of any - licensed large nuclear power reactor facility). Section 9 of the Amendments Act provides, in part, the following: "(3) The study comission shall conduct a comprehensive study of appropriate means of fully compensating victims of a catastrophic nuclear accident that exceeds the amount of aggregate public liability..,, and shall submit to the Congress a final report setting forth -- i (A) recommendations for any changes in the laws and rules governing l the liability er civil procedures that are necessary for the equitable, prompt, and efficient resolution and payment of all valid l damage claims, including the advisability of adjudicating public liability claims through an administrative agency instead cf the judicial system; (B) recomendations for any standards or procedures that are necessary to establish priorities for the hearing, resolution, and payment of claims when awards are likely to exceed the amount of funds available within a specific time period; and (C) recommendations for any special standards or precedures necessary to decide and pay claims for latent injuries caused by the nuclear incident." Since the sub.iect matter of suggestions number 3 and 7 made by Mr. Peters would involve changes to the existing laws, we suggest that he communicate his concerns and suggestions directly to this Presidential Commission. He should address any correspondence to: Mr. Jerome Saltzman Executive Director Presidential Commission on Catastrophic Nuclear Accidents 600 E Street, N.W. Room 660 Washington, D.C. 20004 This Comission has held meetings in Washington, D.C., on July 26, September 27, October 25-26, November 30, and December 1, 1989. All Comission meetings are open to the public, and at the end of each day there is an opportunity for public coment. Further information about these Comission meetings can be obtained by writing Mr. Jerome Saltzman at the above address or by calling the Comission's offices at (202) 272-5095.
L ,-e V -S- , ISSUES NOT UNDER NRC PURVIEW The following suggestions are not under the purview of the Commission but are dependent only upon State or local laws and regulations. i \\ Suggestion 2: " Areas within plume zones should clearly be recorded in the Land Records at the court house and particularly in the zoning records so that prospective purchasers, realtors, appraisers, mortgage lenders, and present property cwners are made aware of the facts. This should be done in the same manner that areas are designated for wildlife reserves as the Blackwater Wildlife Reserve and the Taylor's Island Wildlife Area. Plume zone areas should also be recorded in the Land Records as suggested by Linda M. Nabb of the Dorchester County Planning and Zoning Office." Suggestion 4: " Compensation in the form of a reduction in taxes should be made for properties within the plume zone." l l 1 l l
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'4' / 1[ NUCLEAR REGULATORY COMMISSION j . WASHINGTON, D. C. 30556 EDO Principal Correspondence Control c-FROM:- DUE: 12/ 89 EDO CONTROL: 0004938 ls DOC DT: 11/22/89 FINAL REPLY: -) Sen'. Paul S'. Sarbanes i J
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i-CA-FOR~ SIGNATURE OF
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CRC NO: 89-1264 Ex0cutive Director IDESC:- ROUTING:- r ' ENCLOSES LETTER FROM MELVILLE H. PETERS RE Russell, RI CONCERNS ABOUT CALVERT CLIFFS DATE: 11/29/89 ASSIGNED TO: CONTACT: NRR Murley SPECIAL-INSTRUCTIONS OR REMARKS: /2-Syf A GGc )NRRRECEIVED: -DECEMBER._4,.1989 ACTION: l"ll)RPRiVARGAT NRR ROUTING: MURLEY/SNIEZEK PARTLOW -MIRAGLIA CRUTCHFIELD i L GILLESPIE MOSSBURG e op en
1 W... r-g, t. 9 <- Q. U * ;,.,-N i ::,.) 2-{ '. (4 -- ~~ OFFICE OF THE SECRETARY J': CORRESPONDENCE CONTROL TICKET ic i PAPER NUMBER:- . CRC-89-1264 LOGGING DATE: Nov 28 89 ACTION: OFFICE: AUTHOR:= Paul Sarbanes--Const Ref AFFILIATION:' UNITED STATES SENATE LETTER DATE:- Nov 22<89 FILE' CODE: ID&R-5 Calvert Cliffs
SUBJECT:
Efforts to obtain compensation for the infringement of the rights of Taylor's. Island property owners-resulting.from their presence within the plume zone of the Calvert Cliffs nuc plant cACTION:: Direct Reply DISTRIBUTION:- OCA to Ack l SPECIAL HANDLING: None iNOTES:. Melville H. Peters l DATE DUE: Dec 12 89 i L ' SIGNATURE: DATE SIGNED: ' AFFILIATION: i j. 1 i i ? [O 890$368 E co--- 0 0 4 9 J 6 gd 03. EDO !l l > $ 2 !I ~ y,, / 4;q 3%. Timo -- .}}