ML19354D609

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Forwards Constituent M Peters Raising Concerns W/Infringement of Rights of Taylors Island Property Owners Resulting from Presence of Owners within Plume Zone of Facility,For Response
ML19354D609
Person / Time
Site: Calvert Cliffs  
Issue date: 11/22/1989
From: Sarbanes P
SENATE
To: Callahan M
NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
Shared Package
ML19354D608 List:
References
CCS, NUDOCS 8912280215
Download: ML19354D609 (4)


Text

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PAUL S. SARBANES asAntAND F

tinitedEtatesEtnatt WASHINGTON, DC 20510 November 22, 1989 Michael S.-Callahan Congressional Affcirs Officer

U.S. Nuclear-Regulatory Commission Washingtoni D.C.

20555-Dear Mr. Callahan Enclosed is:a copy of correspondence I recently received

-from my-constituent, Mr. Melville Peters.

The= letter raises concerns about issues involving the Calvert Cliffs nuclear power plant.

I would appreciate it if you would review the concerns raised by Mr. Peters that fall under

'the.NRC's jurisdiction cnd provide me with an appropriate

response, Your attention-to this matter is appreciated.

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Sincerely, a

United States Senator

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Phone: (301) 937-7000 i

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October 27, 1989 c

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Honorable Paul ^Sarbanes J

332.Dirksen Senate office Building

. Washington, D.C. - 20510 Dear Honorable Sarbanes

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Enclosed are copies of a portion of the file I have kept in pursuing my effort to ~obtain just compensation for the inf ringement of the rights of Taylor's Island property owners resulting from their presence within the plume zone of the Calvert Cliffs nuclear plant.

I have also sent this information to the members of the Dorchester County Commissioners with whom

.I plan to-meet to discuss the problem.

' When the power plant was first constructed, the plume zone was considered to be an area.within two miles of the plant.

To compensate

.the property-owners within this area, their properties are taxed at a lower rate than properties in other

~ parts-of Calvert County..

When it was later found,- after

-incidents such as Three Mile Island and Chernobyl, that the plume zone should-be extended to~a ten mile radius, no consideration was given as to compensation f or the additional property owners.

According to the Annotated Code of Maryland (Article 56, 8229-A Chapter 02 Code of Ethics, Md. Real Estate Commission) a real estate " Licensee shall be informed on current market conditions" and "shall make a reasonable ef f ort to ascertain all material facto concerning every property for which he accepts the l

agency, so that he may f ulfill his obligation to avoid ---------

concealment of material f acts."

Although these requirements are the law, very little effort is made by the state and county authorities to inform agents that Taylor's Island is in the plume zone.

Also neither potential purchasers nor existing owners of properties have been inf ormed that their properties are. inadequately insured against a nuclear accident. The Price Anderson Act provides insuf ficient insurance, and furthermore, an individual cannot even obtain private insurance against a I

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nuclear disaster.

If all the f acts were made available to the public, it appears that the market would surely be supressed.

Never-the-less, the public should have f ull knowledge of the situation. If the public is kept uninf ormed, in the event of a disaster, it is believed that state and county authorities would be liable for damages due to their negligence.

To avoid a potential charge of negligence in the future, it is

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suggested that:

1)

Signs should be' posted to' inf orm ' people when they'are entering a plume zone and these signs should inf orm people as to what they should do if the sirens go of f to warn them of,, danger. ?'

2)_ Areas within plume zones should clearly'be record d in ith[

Land Recordsat the' court house and particularly in the zoning 1

, records,so that prospective pur chaser s,1 realtor s, appraisers,,

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mortgage lenders, and present property owners are made aware of' e_.

the f actsn. This should be done in the same manner that. areasQr; y are designated for wildlife reserves as the Blackwater, Wildlife :,ibg

. Reserve and the Taylor's Island Wildlif e Area.1 Plume zone areas' 3,7lf 4

should' also be recorded in the Land Records as suggested by

'/P Linda. M.- Nabb of the Dorchester County Planning and Zoning

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Office.

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' here should be some type of notification that insurance 3)-

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is inadequate for a nuclear disaster.

Some arrangement should-

.s Um be made to make persons who own properties within a plume zone

! g[ fg whole if -losses should result f

from a nuclear disaster since the l

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federal insurance is inadequate and private insurance is not l

available.

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4)

Compensation in the f orm of a reduction in taxes should be l8N made for properties within the plume zone.

5)

There should also be more efficient testing or surveillance l

of the levels of radiation within the plume zone.

6)

A study should be made to improve the present warning and evacuation systems, and 7)

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 loans on properties L

damaged by a nuclear disaster will be paid of f at no expanse to

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the property owners.

The laws should also require that persons be relocatedtin' properties more'or'less equival'ent~to'their

T-properties that are destroyed and the new location should be

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safe, sound and sanitary.

The language of this law could be

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ANNOCIATED APPRAISERg PACE d'

similar to that of the Federal Highway Administration when people or f amilies have to be relocated for the construction of roads, airports, etc.

While I am not opposed to nuclear power plants, I do believe it is the duty of authoriti'es to inf orm the public of possible dangers related to the plants, and what do do in the event of an emergency, as well as making sure that compensation is made for property owners living under this onus inflicted on a few for the benefit of all.

Under similar circumstances, compensation

- is awarded owners when the quiet enjoyment of their properties is infringed upon due to noise and dust from highways and airports or when public utility lines cross their properties.

While these situations aie necessities f or modern living, it is proper that those affected by them should be justly compensated.

Nuclear power plants have pr'esented a new inf ringement on the rights of a f ew property. owners f or the benefit of all.

It is believed this is the reason they have been overlooked to date as a f actor for which there should be compensation.

This, however, 1

is not an excuse for the oversight to be' continued. Theref ore,.- I am asking your assistance in correcting this wrong.

This is not just a local problem.

It is a national as well as j

international problem. The cause is one which can put Dorchester county in the records as having of ficials concerned with the welf are of its citizens.

I am willing to of fer my cooperation and help in any way I am able.

"I am able", and I am asking

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.that you do the same.

1 Very truly yours, Q /.h,

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Melville E.

Peters l

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