ML20003E163
| ML20003E163 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 03/27/1981 |
| From: | Mattimoe J SACRAMENTO MUNICIPAL UTILITY DISTRICT |
| To: | Stolz J Office of Nuclear Reactor Regulation |
| References | |
| RTR-NUREG-0737, RTR-NUREG-737, TASK-3.A.2.1, TASK-TM NUDOCS 8104020404 | |
| Download: ML20003E163 (6) | |
Text
e esuun SACRAMENTO MUNICIPAL UTILITY DISTRICT O 6201 s street Box 15830, sacramento, California 95813; (916) 452 3211
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March 27, 1981 Ni
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f u.) d Director of Nuclear Reactor Regulation
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2i Attention: Mr. John F. Stolz, Chief Operating Reactors, Branch 4 k
U. S. Nuclear Regulatory Comission 1,j/s Washington, D.C.
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Docket 50-312 W
rQ, Rancho Seco Nuclear Generat'INtf Station, Unit No.1 TMI Action Plan, NUREG 0737 Item III.A.2
Dear Mr. Stola:
The Sacramento flunicipal Utility District committed by letter dated December 15, 1980, to have emergency plans upgraded to the require-ments of Appendi.x E to 10 CFR 50 by April 1,1981.
Furthermore, on February 27, 1981, we submitted detailed implementing procedures also required by NUREG 0737. These procedures have been reviewed and finalized and revisions will be sent to the Region V Office of Inspection and Enforce-ment and the Director of Nuclear Reactor Regulation as required by Appendix E to 10 CFR 50.
Section (q)(2) of 10 CFR 50.54 requires licensee, State, and local emergency response plans to be implemented by April 1,1981. As discussed above, the District's procedures will be in effect; however, the State and local plans will not be implemented by this date.
For this reason, the District requests an exemption from this section of the regulation until State and local plans can be revised to be in compliance with Appendix E to 10 CFR 50.
The 10 mile radius planning effort involves Sacramento, Amador, and San Joaquin Counties.
For this reason, a Joint Powers Agreement was entered into enabling these three counties to work and contract as one agency for the efforts involved in generating the emergency plan.
In addition, the District has entered an indemnity agreement with this Joint Power Agency to guarantee the financing of this work. The effort has proceeded diligently; however, the present schedule indicates that a final draft will not be available until the middle of July, 1981. Additional requirements above those in Appendix E of 10 CFR 50 have been imposed by the State of California (Senate Bill 1183) and the local emergency plans cannot be implemented until submitted to the State legislature and approved by statute. Revised plans by the State Office' A
of Emergency Services also require this approval before implementation.
copy of Senate Bill No.1183 is attached for clarification of these requirements.
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4 Mr. John F. Stolz March 27, 1981 1
The District is unable to expedite the implementation of State and local plans in any manner other than the financial and manpower commitments which we have already made. We believe that the existing State and local plans adequately protect the health and safety of the public until the revised plans can be fully implemented. For this reason, the exemption requested from 10 CFR 50.54 j
(q)(2)isjustified.
If we can provide any further information, please advise.
Sincerely, b.
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'4ohn J. Mattimoe e
Assistant General Manager and Chief Engineer l
Attachment 1
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Senate Bill No.1183 CHAPTER 956 An act to add and repeal Section 8610.5 to tlie Government Code, relating to emergencies, making an appropriation therefor, and de-claring the urgency thereof, to take effect immediately.
( Approved by Governor September 22.1972 Filed 4bth Secretary of State September 22,1979]
l I'.liGISIA11VE COUNSEL'S DICEST SB 1183, Caramendi. Emergencies: nuclear powerplai.es.
(1). Existing provisions of law require the certification of sites and thermal powerplants, including nuclear powerplants, with a generating capacity of 50 megawatts or raore.
This bill.would require the Office of Emergency Services, in consultation with the State Department of Health Services, to investigate the consequences ~of.a serious nuclerer powerplant accident for nuclear powerplants in California with w generating capacity of 60 megawatts or mose.
' (2) Existing provisions of the California Emergency Services Act specify procedures for responding to emergencies The Governor is required to approve a State Emergency Plan and counties and cities are authorized to create disaster councils which are required to develop plans fer meeting emergencies.
'Ihis bill would d* rect the Pubhc Utilities Commission to develop and transmit to the Office of Emergency Services a method of assessment of the operators of the 4 specified powerplants sufficient to meet all state costs not reimbursed from federal funds pursuant to this bill and would specify that local agencies would be reimbursed for their costs not reimbursed from federal funds in preparing or
- updating their plans for-the affected area surrounding such.
powerplants by the operator of each such powerplant. The bill would specify an initial $25,000 assessment on each such powerplant, and s-would direct each operator to pay this amount and such additional
- amounts, not to exceed $2,000'000 from all such operators for' l
reimbursement of state costs, as are specified by the office to the
- State Controller for deposit in the Nuclear Planning Assessment Special Account. which the bill would create in the General Fund and -would contimmusly appropriate to the State Controller for j'
payment to state and local agencies for their costs pursuant to this bill,it would direct the State Controller to pay state and local agency claims which are certified by the Office of Emergency Services. It would provide for a pro rata reimbursement of any funds remaining
'after the purposes of this bill have been accomplished. It Gould direct each state and loca' agency concerned to submit its costs to the Office of. Emergency Seevices.
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- Ch. 956 The bill would specify that these provisions shall be repealed on Jamnary 1,1983.
(3) Under existing law, Sectidns 2231 and 2234.of the Revenue and Taxation Code require the state to reimburse local agencies and school districts for certain costs mandated by the state. Other provisions require the Department of Ff snee to review statutes disclaiming these costs and provide, in certain cases, for making claims to the State Ibard of Control for reimbursement.
This taill would provide that no appropriation is made by this bill, nor is any obligation created thereby, pursuant to Section 2231 or 2234,'and provide -that the other remedies and procedures for providing reimbursement shall have no application to the bill.
(4) This bill would take effect immediaten as an urgency statute.
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Appropriatforn yes.
The people of the State of Californ!a do enact as follows-SECTION 1.
Section 8810.5 is added to the Government Code, to read:
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8610.5. The Office of Emergency Services, in consultation with the State Department of Health Services'and affected counties, shall investigate the consequerices of a serious nuclear powerplant accident for each of the four nuclear powerplants in California with a generating capacity of 50 megawatts or more. This study, to be completed within six months of the effective date of this section, shall include the preparation of specific site maps showing the areas likely l
^ to be affected by such an accident. These maps shall delineate Emergency Planning Zones, which shall reflect inhalation, ingestion, and other radiation pathways-A similar study shall be made by the office for any subsequent nuclear powerplant with a generating capacity of 50 megawatts or more proposed for certification in California.
The Office.of Emergency Services shall revise its Nuclear Powerplant Emergency Response Plan to reflect the,information provided in the study. The Oifice of Emergency Services shall assist local authorities in preparing or upgrading their emergency response plans to reflect its new planning guidelines. The state plan shall be updated within six months after the study has been made.
Iecal pl.sns shall be updated and approved by the Office of Emerger.cy Services in accordance with th'e following. (1) an initial draft pian shall be submitted to the office within six months after the study has been made, and (2) a final plan sh31! be completed.
l reviewed, and approved within 18 months after the effective date of this section. Neither the state plan nor any local plan shall become effective or be imi emented until submitted to the Legislature and d
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approved by statute.
j The current State Nuclear Power Plant Emergency Response Plan shall antinue in full. force and effect unless and until revised i
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' Ch. 956 pursuant to this sectior. and concurred in, or otherwise approved by, the Nuclear Regulatory Commission. Local phna shall remain in full force and effect'unless and until' revised pursuant to this section.
It is the intent of the Legislature that all state and local costs i
rehnted to carrying out the provisiors of this section which are not reimbursed by federal funds shall be borne by the operators of the four existing nuclear powerplants having a generating capacity of 50 megawatts or more, and that local agencies shall be reimbursed for
, their costs incurred in prqaring or tipdating their plans for the affected area surrounding such powerplants by the operator of each i
such powerplant. The Public Utilities Commission shall develop and I
transmit to the Office of Emergency Services an equitable method of assessing the operators of such powerplants for their reasonable pro rata share of state agency costs Each local agency involved shall submit a statement of its costs in such manner as the Office of
. Emergency Services "shall' require. Upon each such operator's notification by the Office of Emergency Services from tim'e to time of the amount of its share of the accual or anticipated state and local La ency cost &,,jhe,,,pgrator shall pay __sctL,arJiount to the State,
Controller for deposit in th7Nuefear Planning Assessment Special Account, which is hereby created in the General Fund and is i
contirwously appropriate'd to the State Controller to carry out the I
provisions'of this section.'ihe State Controller shall pay frorn this l
account the state and local costs relative to e ng ont the i
provisions of this section upon certification thereof b the Office of l
Emergency Services. Each powerplant operator sh 11 within' one month of the effective date of this section pay to the State Controller for deposit into the Nuclear Planning Assessment Special Account the sum of twenty-five thousand dollars ($25,000) for each nuclear powerplant for the purpose of funding initial planning costs. Upon repeal of this section, any amounts remaining in the special account shall be refunded pro rata to the powerplant operators contributing
- theretoLin no event shall the total'of the' reimbursements of state costs from all powerplant operators pursuant to this section exceed two million dollars ($2,000,000)..The amounts paid by. privately owned utilities under this section shall be allowed for ratemaking purposes by the Public Utilities Commission. Publicly owned public l
utilities may include amounts paid under this section in their rates.
This section shall remain in effect only until January 1,1983, and as of such date is repealed, unless a later enacted statute which is chaptered on or before January 1,1983, deletes or extends such date.
SEC1 No appropriation is made by this act, nor is ar.y obligation '
created thereby, pursuant to Section 2231 or 2234 of the Revenue and
.. Taxation Code. Moreover, no claim shall be considered with respect-to tlyis act by the State Board of Control pursuant to Section 905.2 of ~
'the Government Code or Section 2250 of the Revenue and Taxation s
Code, and th4 Department of Finance shall not review or report on l
this act pursuant to Section 2246 of the & venue and Taxation Code.
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Ch. 956 h SCC 1 This act is an urgency statute necessary for t e imnardir.te preservation of the public peace, health, or safety within the. meaning of Article IV of the Constitution and shall go into a
immediate effect. The facts constituting such necessity are:
In order'to protect the public health and safety in the event of a nuclear powerplant accident, it is essential that this act take immediate effect.
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