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Forwards Michigan Emergency Preparedness Act Mcla 30.401, FEMA 830420 Memo Per ASLAP 830504 Request on Emergency Preparedness Issues,Michigan State Police & Monroe County Ofc of Civil Preparedness
	ML20023C007
Person / Time
Site:	Fermi
Issue date:	05/05/1983
From:	Landgraf L; DETROIT EDISON CO., LEBOEUF, LAMB, LEIBY & MACRAE
To:	Eilperin S, Gotchy R, Moore T; NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
	ISSUANCES-OL, NUDOCS 8305090480
	Download: ML20023C007 (46)
	v • d • e

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BY HAND BY HAND Stephen F. Eilperin, Esq.

Thomas S. Moore, Esq.

Chairman, Atomic Safety and Atomic Safety and Licensing Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission 4350 East-West Highway 4350 East-West Highway Bethesda, Maryland Bethesda, Maryland

_BY HAND Dr. Reginald L. Gotchy Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission 4350_ East-West Highway Bethesda, Maryland Re:

The Detroit Edison Company, et al.,

(Enrico Fermic Atomic Power Plant, Unit 2)

Docket No. 50-341 (OL)

Dear Sirs:

Pursuant to the Appeal Board's request at the oral argument in this proceeding yesterday, we enclose copies of the following items:

1)

Michigan Emergency Preparedness Act, MCLA 30.401 et seq.;

2)

Federal Emergency Management Agency memorandum, dated April 20, 1983 (with attachments);

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l 8305090400 830505 PDR ADOCK 05000341 l

PM L

. 3)

Letter from Jon R.

Eckert, Monroe Civil Preparedness Coordinator to Arden T.

Westover, dated March 18, 1983 (with attachments including draft letter to State Police respecting changes in County emergency plan) ; and 4)

Letter from Lt. James M. Tyler, Michigan State Police, to Mr. Westover, dated April 8, 1983.

A copy of this letter and all enclosures is being filed with the Commission's Secretary for inclusion in the record in this proceeding.

Very truly yours, L. Charles Landgraf 7

Attorney for The Detroit Edison Company Enclosures cc w/ enc.:

Peter A.

Marquardt, Esq.

Colleen P. Woodhead, Esq.

Daniel Swanson, Esq.

Mr.. Robert J.

Norwood John Minock, Esq.

Arden T. Westover, Jr.

Monrce County Library System Secretary, USNRC Att'n:

Docketing & Service

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hostile militar3 Cross Refenaces ders are not wi 1

sult from and al Ambulance operations and advanced mobile emergency care services, effect of act, see 1 333.20313.

(g) "Disaste Governor's authority, state energy emergencies, see i 10.47.

and municipal 9

Interstate civil defense and disaster compact, see 1 30.261.

Sheriff to hold no office but his own, except in civil defense, see Const. Art. 7, I ficers and emp l

ing duties or 1 State energy emergencies, see i 10.41 at seq.

order or direct State of disaster, state energy emergencies see i 10.47.

Worker's compensation, employee defined, see 1411.7.

(h) "Munici P.A.1976, No. 35 Library References t Section 30.401 War and National Emergency CHil.

C.J.S. War and National Defense I 62.

l United States Code Annotated C.L1948, I 30.2 Civil Defense Act, see 50 U.S.C.A. App. I 2251 et seq.

P.A.1953, No.1!

P.A.1956, No. 2 30.402 Definitions i

Sec. 2.

As used in this act:

i Ambulance opera (a) " Director" or " director of emergency services" means the

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director of the department of state police or his authorized represent-30.403 a

ative.

(b) " Council" means the Michigan emergency preparedness advis-cry council.

Sec. 3.

(1)

(c) " Department" means the Michigin department of state police.

this state or pe (d) " District coordinator" means the state police emergency serv-ices division district coordinator or his authorized representative.

(2) The go-directives hav (e) " County or local coordinator" means a person appointed pursu-An executive t ant to section 9 2 to coordinate emergency planning and services with-in the county or muniq3ality. In the absence of an appointed per-scinded by the son, " county or local coordinator" shall mean the chairman of the (3) The go county board of commissioners or the chief executive officer of a mu-clare a state nicipality. " County or local coordinator" includes a civil defense threat of a dh director, civil defense coordinator, emergency services coordinator, or until the gove aster has beer any officer who administers federal and state disaster preparedness i

and assistance programs at the county or municipal levet longer exist, c I

for 14 days.

(f) " Disaster" means an occurrence or imminent threat of wide-der or proclar spread or' severe damage, injury, or loss of life or property resulting a request by t from a natural or man made cause, including fire, flood, snow, ice, a specific nun windstorm, wave action, oil spill, water contamination requiring tive order or 1 emergency action to avert danger or damage, utility failure, hazard-dicate the na' ous peacetime radiological incident, major transportation accident, conditions cat epidemic, air contamination, blight, drought, infestation, explosion, or 726 i

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30.403 EMERGESCY PREP AREDNESS ACT host:le m htar. or paramihtarv action R: cts and other c: :! 1.sor cers are not w:thm the meamng of th:s term unies:s they dire:'S re-sult from and are an aggra'.atmg element of the d:saster.

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" Disaster relief forces" means a!! agenc:es of state.

Ig) and mun:c: pal 2cternment, pr:vate and volunteer persennei pub.:e ot-f:ce s and empicyev3. and all other porscn3 or groups cf persare hn-s" C #s A-'

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inc dut:es or respons:cil:::es unner this act or pursuant c.rder or directive author: zed by th:s act I h i ".Mumcipa!!ty ' means a c t'. v llage. or town.sh:p P A Itm..h '.td : 2. : md. '. : f. D ec. T -

Secuan 30.409.

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>!me Historical Note Pnor Las:

L. +,., 94 3. 1 3 v,.,,.

n P A !953 Ne 154.I 2 P A.195E No. 22"' } 1.

Crou References m"

me3ng ;3e Ambu'ance opera:: cts and advanced mcbtle e'mergency care sen:ces, effect of ac-se* 1 333.:C3 :3 w r::"d represent-30.403 nesponsibility of gosernor powers and duties: declara-i

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tion of state of disaster

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(1) The governor :s n spons:bie for meetmg dangors to this state or people of this state presented by d:sasters.

emerg.m se:

G The govemor may :ssue execut.ve orden, proclamations, and sentain e direct:ves hav:ng the force and effect of law to :mplement thu act.

2 p p er ni ca pu"L An execut:ve order, proclamat on, or direct:ve rna) be amenced or re-d serc ;es 2:'5-semded by the governor.

an appmiei po:

The governor snall, by execut:ve order or proclamat:en. de-q-

5, e (3) c!are a state of disaster tf he finds a disaster has occurred or the

.<",a-threat of a disaster is :mmment. The state t d:3 aster sha!! cont:nue a'. ~"

unt:1 ine covernor fin;is inat the threat or danger has passee the <.:

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der or proclamat:on declar:ng the sta' pr ro. rec u!? m 2 a rrquest by *he gove-ner 'cr an extension of the state of 1:sao:

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t ve orcer or proc!amat:cn :ssued pursuan' 'o *h:s surw +:en fa:.ro. hazar

d:cate the nature of the disaster the irea or areas thre *onc Conc tions Causmg the d:sas er and ine cona :cns perm:t me the e x*.*1 ac

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30.403 cmuAN DEFENSE Public Acts of 19(

mination of the state of disaster. An executive orner or proclama-the Mgan Con tion shall be disseminated promptly by means calculated to bring its the crossing of r contents to the attention of the general public and shall be promptly filed with the emergency services division of the department of state police and the secretary of state, unless circumstances attendant upon to y e the disaster prevent or impede its prompt filing.

d P.A.1976, No. 390, ! 3, Imd. Eff. Dec. 30.

terms for the rei necessary for acti Historical Note priate funds to im P.A.1976, No. 390, i C.LI948, I 30.224.

P.A.1953. No.154, I 4.

P.A.1956, No. 227, i 1.

Cross References Prior Laws:

C.L1948, il 30.224 Executive power vested in governor, see Const. Art. 5, i 1.

P.

1 53 N '

State energy emergencies, effect on declaration of disasters, see i 10.47.

No IJbrary References States 4=41.

M.LP. State i 10.

CJ.S. States il 88 to 90,130,131.

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1 30.404 Activation of disaster reponse and recovery aspects; de-30.405 Add ployment of forces; federal assistance; reciprocal and Sec. 5.

(1) I j

governor by this:

agreements Sec. 4.

(1) An executive order or proclamation of a state of dis-1 (a) Suspend I aster shall activate the disaster response and recovery aspects of the I

-procedures for c' state, local, and interjurisdictional disaster emergency plans applic-the statute, ordt able to the political subdivision or area affected.

action in coping (2) An executive order or proclamation of a state of disaster shall the suspension of serve to authorize the d_ployment and use of any forces to which the (b) Utilize th e

plan or plans apply and the use or distribution of supplies, equipment, divisions, and ti materials, or facilities assembled or stockpiled pursuant to this act.

state, as are reas (3) Upon declaring a state of disaster, the governor may seek and (c) Transfer accept assistance, either financial or otherwise, from the federal gov-ments, agencies ernment, pursuant to federallaw or regulation.

cilitating emerg (4) The governor may, with the approval of the state administra-(d) Subject t tive board, enter into a reciprocal aid agreement or compact with an-islature, comant other state, the federal government, or a neighboring state or prov-the disaster.

ince of a foreign country. A reciprocal aid agreement shall be limit-(e) Direct ar ed to the furnishing or exchange of food, clothing, medicine, and oth.

tion from a str-er supplies; engineering services; emergency housing; police serv.

for the preserv Ices; the services of the national guard when not mobilized for feder, recovery.

al service or state defense force as authorized by Act No.150 of the 728

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N Library References M LP state i '.0 30.405 Additionai duties of gosernor I

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<;e he may, upon hu -iedarat:en of a disaster l

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+e the statute, order or rule would prevent. n:naer D.;s power does not extend to emerMncy act;On :n JCp;ng %:th the the SuspenS;On Cf ":m:nal process and proceCuTPS.

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30.40G CIVILIAN DEFENSE (f) Prescribe routes, modes, and destination of transportation in paid only if obli connection with the evacuation.

h case and only 1 (g) Control ingress and egress to and from a disaster area, remov-

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property withou r

(2) Personal al of persons within the area, and the occupancy of premises within the disaster area.

subdivision or a r rdinance.

(h) Suspend or limit the sale, dispensing, or transportation of alco-l holic beverages, firearms, explosives, and combustibles.

(3) Compenst (1) Provide for the availability and use of temporary emergency tlo ord housing.

property taken i (j) Direct all other actions which are necessary and appropriate promptly transm under the circumstances.

(4) A person (2) A person who wilfully disobeys or interferes with the imple-destruction of p mentation of a rule, order, or directive issued by the governor pursu-emergency servi.

ant to this section is guilty of a misdemeanor, form and mannel P.A.1976. No. 390, f 5. Imd. Eff. Dec. 30.

(5) If a claim-fered by the sta g%

which court shal,.

Prior laws:

of compensation C.L1948, I 30.224.

P.A.1953, No.154, I 4.

(6) This sectli P.A.1956, No. 227, I l-the destruction a Library References provide a firebre:

M.LP. State i 10.

pensadon for the reduce pressure o Notes of Decisions P.A.1976, No. 390, I.

In general When the governor has declared a Upon the declaration of a disaster disaster, the resources of a school dis.

the governor may direct that public Prior Laws:

trict may be used if they are reason-school buses be used to evacuate or C.L1948* 130.231~

ably necessary to cope wiOrthe dis-transport any person from a stricken or P.A.1953, No.154' aster. Op. Atty. Gen.1980, No. 5741.

threatened area. Id.

30.407 nire<

30.406 conduct of persons and property; obligations; personal Sec. 7.

(1) T services; compensation tives of the gove:

all federal, state, Sec. 6.

(1) Each person within this state shall conduct himself tion, relief, and re and manage his affairs and property in ways that will reasonably as.

direction of the I sist and will not unreasonably detract from the ability of the state mand of all disast and the public to successfully meet a disaster. This obligation in.

national guard or cludes appropriate personal service and the use or restriction of the tion is absolutely i use of property in time of a disaster. This act neither increases nor decreases these obligations but recognizes their existence under the (2) The directc state constitution of 1963, the statutes, and the common law. Com-Michigan emerger pensation for services or for the taking or use of property shall be ties.under this act 730

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, MU-emer:' enc'. seraces ir :sion of *he department of state pc!we ;n the f orm and manner prescr:t.*:d by the dn :sicn 15i If a e!aimant refuses to accept the amount of compensat;on of fered by the state. r.e may flie a c!a;m :n the state coun of ekumc u n:en cour? shall hase exc!us:ve ;ur: sit *:or. to determme the amount of ecmpensat:on due the owner.

i6) This so~.cn dcm not apr! to or au hor:re comper.sation for the destraction er Smac;n; of star:d.nu :mber or other pror+r?

to p ro'.id e i,ireb ro is n:s set *:on dps r.n* app!. *o or au hc r re ~m.

porsit:en for *he re:ea3e of w aters or s trown of mpc ndmen's *<

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30.407 CIVILIAN DEFENSE (3) The director's powers and duties shall include the administra.

- - 1. EO l

tion of state and federal disaster relief funds and moneys; the mobill-I""85*O zation and direction of state disaster relief forces; the assignment of f state goverr.

general missions to the national guard or state defense force activat.

mss plan shall j

ed for active state duty to assist the disaster relief operations; the providing for tl i

receipt, screening, and investigation of requests for assistance from Ing a disaster.

j county and municipal governmental entitles; the making of recom-j director. The mendations to the governor; and other appropriate actions within his agency or depa j spective agency general authority.

8 (4) In carrying out his responsibilities under this act, the director in coordinating

.I efforts with th(

may plan for and utilize the assistance of any volunteer group or per-son having a pertinent service to render.

j and municipal g 5

i (5) The director may issue a dirctive relieving the donor or sup-j pon thE plier of voluntary or private assistance from liability for other than ag sh gross negligence in the performance of the service.

ment of state r 5

1 2

suited to perfor (6) The director shall maintain a division within the department paredness plan, 5.

of state police for the purpose of coordinating within this state the from the disaste h

predisaster emergency service activities of state, federal, county, and 2

This division shall receive available state P.A.1976, No. 39t municipal governments.

and federal disaster related grants.in-aid and shall administer and ap-l portion the grants according to appropriately established guidelines d

30.409 cot to the agencies of the state, county, and municipal governments.

(7) The director shall be responsible for the preparation of and

]

Sec. 9.

Q) -

5 continuous updating of a basic state disaster preparedness plan to be 3

shall appoint a (

I known as the Michigan emergency preparedness plan and for the bE a county' W -

compatibility of the plan with similar federal, county, and municipal adjoining counti )

for the multicot i plans.

.j pensated in a m P.A.1976, No. 390, i 7. Imd. Eff. Dec. 30.

W th a

.- Historical Note ordinator. The d

9 the chief execut Price Im

.4 ided in the mm j PA1956, No. 227, i 1.

C.L1948, II 30.223,30.225.

PA1961 No. 221, i 1.

1 and at the direc: :

PA1953, No.154, il 3,5.

PA196A, No. 257, 5 1.

executive in the i PA1954, No. 98, i 1.

es an g

30.408 Emergency services coordinator, appointment, powers and i

10,000 or greate2 duties tive officer of tl-5 (1) Each department of state government, and those

~

services and disa Sec. 8.

agencies of state government required by the Michigan emergency municipality.

preparedness plan to provide an annex to that plan, shall employ or

~

appoint an emergency services coordinator. The department or agen-(2) A municit -

cy emergency services coordinator shall act as liaison between the de-po ta partment or agency and the department of state police in all matters 732 5

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30.409 civruAN DEFENSE (3) A person shall not be ineligible for appointment as a county or (d) To appoi local coordinator, or as a member of a county or municipal emergen.

pensation, reset cy services or emergency preparedness agency or organization, be.

disaster worker cause he holds another public office or trust, nor shall he forfeit his (e) If a statt right to a public office or trust by reason of the appointment.

make available (4) Municipalities having a population of 10,000 or over and coun.

county or muni ties may enter into reciprocal aid agreements or compacts with other health, medical counties or other eligible municipalities. A compact or agreement struction; and

entered into pursuant to this section shall be limited to the exchange within or withc of personnel, eqtlipment, and other resources in times of disaster.

ordered by the (5) A county coordinator may be appointed a local coordinator for I

(f) In the ev any municipality within the county and a local coordinator may be dures and forn appointed a county coordinator.

performance of P.A.1976, No. 390, i 9. Imd. Eff. Dec. 30.

obligations, the the utilization (

Historical Note chase and distr terials, and fac; Prior Laws:

P.A.1961. No. 221, i 1.

C.L1948, Ii 30.223,30.226.

P.A.1964 No. 257, i 1.

funds.

P.A.1953, No.154, II 3,6.

P.A.1954, No. 98, i 1.

(2) The cool emergency sers Notes of Decisions arrangements T In senerai i for reciprocal a Compensation and salaries 2 dealt with unas 2 Compensation and salaries Michigan emer Member of county board of supervi.

emergency eac R.

In geral sors could have been appointed county services shall ri City or township having population civil defense director provided no sala.

of less than 10,000 was authorized to ry was paid for his services as director, rangement.

establish organization for civil defense but board lacked authority to pay (3) The coor and could have entered into consolida. director one day's pay as member of tion agreement with other political sub.

board of supervisors for each day spent emergeng ser divisions.

Op. Atty.Gend9,55-56, No.

In civil defense activities.

Op. Atty.

agreement or C 2482,p.144.

Gen.1961. No. 3618, p.199.

ry out the agre P.A.1973, No. 39 30.410. Coundes and municipalities, power and authority i section 30.404 Sec.10. (1) Each county and municipality shall have the power and authority:

Prior Laws:

C.L1948,130.2' (a) To appropriate and expend funds, make contracts, obtair: and P.A.1953, No.15 distribute equipment, materials, and supplies for disaster purposes.

(b) To provide for the health and safety of persons and property, I.ocal government including emergency assistance to the victims of a disaster.

(c) To direct and coordinate the development of disaster plans and programs in accordance with the policies and plans established by the Co es 2

appropriate federal and state agencies and this act.

734 auet _ s 4

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30.410 EMERGENCY PREP AREDNESS ACT empioy. remove. ar prov:de, w :th or a :thout 'om.

M > To appo:n

'l C G n t Cr pensauen. rescue 'eams, aux:nars f:re and pohce personne! anc ather "1

-.. g n -

g,-

rusaster workers.

d d

t ei If a state of d:saster :> iee':ared by the governor to a5s en an m.

"m,

mage avadable for du' the empicy ees, propert. or equ:pmen* ^! 'he

escue:

count. cr mum :pality relatine to ':re beht:nc. enemeer:ng.

r 7'.., o",. s. -

health, medical, and related semees: pe! ice: t ansportancn

.cn-

.w-""

and similar items or semce for disaster rehef purpo,es st ructen:

- acrw en-withm or w:thout the phys: cal limit.s of the count'. or murne: pain as no excnan4" ordered by the governor cr the director.

I"r In the event of a foreign attack upon this state to wa:ve proce-if:

i

<Cr v..-

dures and formalities otherv:se required by law perta:mne *o the l

b" performance of public work, enterm; :nto contracts, the incurr:nc of obhcanens. the employment of pormanent and temporary workers, the pur-the utihzation of volunteer workers. the rental et equ:pment cnase and distribution with or without compensat:on of supphes. ma-

er:als, and f aelhties, and the appropr:ation and expend:ture of pubhc funds.

2 anon for The coordinator of each county or mumc: pal orcan:

42) emer~ency semees may deveico or cause to be developed mutua! aid I

e arrancoments with other public and pr:vate agenc:es withm this state s

for w:procal a:d and ass:stanw m case of a disaster too great to be The ar~1ngement shall be cons: stent with the doa!t with unass:sted.

M:cn:gan emergenc' preparednes2 pian and procram. In ::me of emergenc: each count or mume:pa; orgamzatien for emergenc-

'nes

~a

~'u-,.' "_.

serv:ces shall render asastance m.ieccriance w:th the mut :a! am 1r

e : : w.a.

I3n pe!nent "5

is ::rae:cr he. ocrdir:ator 0, eacn count and un: :pai octan:za: on tor n

',. y y.P J.

fo t emerZenf?

SPV:ce5 ma '. a5s:st m neCOtiaf:on of a ret ': p TO('3.

3:"

is and snal! ca'-

cmpact :na<fe pu-suant to,e<

on 4 i 4 )

L gen *

' 2 M

agr6P'I'ent cr1 CU! t he 3 Cree"'e".I or 'omp3 C'

i pA D N 1<

!~c r*

i See::c 30.k+ 4 ;

Histortcal Note o

%,r7 Pnor Laws:

,., y'

.-.4-cr.+a m an,j I' A. 95 '

f4 16

" r p u 'py-e.

C ross Re f erenc e s p r o re r' Loca! zcve-n:- en: see O ns: A r'

- i a: ses Ubrary References "r pians ane

.s

...es'n

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a-30.410 CIVILIAN DEFENSE (3) Neither F

cases of wilfu Notes of Decisions ployees, agent sion, nor any

In general I had served with civil defense division of any agency Premotions 2 on temporary basis from time of his sp*

or reasonably Removalot personnel 3 pointment to that division in 1952 to date of his appointment to battaffon promulgated '

fire chief. Detroit Fire Fighters Ass'n any ordinanct Local No. 344, L A. F. F. v. Board of l.

In general Fire Com'rs of City of Detroit (1962) enacted by a County was bound on contracts which it has authorized de facto civil 114 N.W.2d 195,366 Mich. 45.

injury to per!

defense director to sign. Op. Atty. Gen.

activity.

3.

Removalof personnel 1961. No. 3594, p. 205.

In absence of statutory authority, (4) A pers power of the governing body of a coun.

and surgery,

2. Promotions City board of fire commissioners did ty to oppoint carried with it the power dentist, veter to remove a local civil defense director not violate city charter in promoting who was not performing at a desired or another s fireman, who was assigned to civil de-standard.

Op. Atty. Gen.1955-56, No.

armed forces fense division, to position of battalion fire chief in 1960 although such fireman 2033,p.318.

training in a se ur 30.411 Personnel of disaster relief forces, powers, duties, rights, or local coor privileges and immunities and compensation disaster relli (1) Personnel of disaster relief forces while on duty shall:

tained by a Sec.11.

(a) If they are an employee of the state, have the powers, duties, under what rights, privileges, and immunities and receive the compensation inci-tained. The dental to their employment.

a (b) If they are employees of a county, municipality, or other gov-ices rendere ernmental agency regardless of where serving, have the powers, du-ing to the s ties, rights, privileges, and immunities and receive the compensation form those !

incidental to their employment.

(c) If they are no.t_ employees of the state, a county, municipality, (5) A lit or other governmentaligency, be entitled to the same rights and im-nurse, or lic 1

All other state I

munities as are provided by law for the employees of the state.

personnel of disaster relief forces shall, while on duty, be subject to forces of th the operational control of the authority in charge of disaster relief a licensed l' 1

activities in the area in which they are serving, and shall be reim-declared by bursed for all actual and necessary travel and subsistence expenses.

granted by thetics; m (2) Neither the state nor any political subdivision, nor the agents lar procedt i

or representatives of the state or any political subdivision, shall be thereof unt liable for personal injury or property damage sustained by any person licensed hc i

appointed or acting as a volunteer disaster relief worker, or a mem-This act shallother medi-i ber of any agency engaged in disaster relief activity.

y 4

not affect the right of a person to receive benefits or compensation to I

(6) A p which he might otherwise be entitled under the workmen's compensa.

J who volun N

tion law, any pension law, or any act of congress.

6 h

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l 30.411 EME%Em PREP GEDNEM VT m.wther the < tam ncr ms pc em sus 3

ner e t ept C3SeS Of % lf'.H m:SCOnduc' Jross neglicent e, Or kil U th Ihr em-PCiP!C3! NUM r f 'he 4titte 10 d p}OyMS. 3 Cent 3. Or repreStd 'at Ve5 t .

s ilCn. nor in' VOIuntto" Or 3 3.T.Ua"V ihaster Tehe! A Order Dr T+'"lle 9

.,, e e

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N 30.411 cmuAN DEFENSE
UE" political subdivision a license or privilege, or otherwise permits the ty may Ne.
state or a political subdivision to inspect, designate, and use the therem, utiliz whole or any part or parts thereof for the purpose of sheltering per-sons during an actual, impending, mock, or practice disaster shall, to-may order th' communW.
gether with his successors in interest, if any, not be civilly liable for E
negligently causing the death of or injury to any person on or about di c
such real estate or premises under such license, privilege, or permis-padess.
sion or for loss or damage to the property of such person.
('^"
(7) A person owning or controlling real estate or other premises D
I who has gratuitously granted the use thereof for the purposes stated es necessai herein shall be legally obligated to make known to the licensee any
*H
hidden dangers or safety hazards which are known to the owner or occupant of the real estate or premises which might possibly result in
[ hall te the death or injury or loss of property to a person using the real es-of disaster is t tate or premises.
P.A.1976, No.
(8) As used in this section, " political subdivision" means a county,
,3,33 i
municipality, school district, or any other governmental unit, agency, body, board, or commission which is not a state department, board, i
commission, or agency of state government.
Prior Laws:
P.A.1976, No. 390, i 11. Imd. Eff. Dec. 30.
kI$,I l
N Historical Note
?
1-C8""87 *d Prior Laws:
County road C.L.1948, I 30.227.
P.A.1953, No.154,17, quired to apply P.A.1974. No. 84, i 1.
J under the Emer,
.i Notes of Decisions i
30.413 I
la general i Ilgence or bad faith.
Op. Atty. Gen.
Weapons 2 1980, No. 5741.
Sec.13. (
2.
Weapons i
ordinance or :
City auxiliary police, appointed pur.
and effect of 1.
In geral suant to Civil Defense Act, I *,0.1 et 1
When school buses are used during a seq. (repealed), could carry concealed clerk of the g state of disaster, school districts are weapons without a license if regularly rules in confli immune from !! ability and school dis-employed and paid by city, rind they sued under ti trict employees driving the buses are could carry weapons openly if so di-l also immune from liability except in rected by their superior offi:ers. Op.
2 period of time cases of wilful misconduct, gross neg.
Atty. Gen.1951-52, No.1388, p. 228.
f (2) All act tives made pu 30.412 Request by county or municipality for declaration of state eration to the of disaster; aid by disaster forces; necessary rules and dations, and r b
ordinances ted by law, s1 actions, recorr.
Sec.12. (1) If a disaster occurs in a county or mtmicipality and 8
P.A.1976, No. 3 is beyond the control of local public or private agencies, the chief ex-738 1
I d
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,t EMERGENCY PREP AREDNESS ACT 30.413 ecutise officer of the mun:c:palit c er the governmg body of the coun-j pg 7-,,,.pg n'ay request the governor to declare that a state of disaster eusts f
M and se tne j
there:n. ut h:mg the procedure set forth m seet:on 11 The director ej.,
.. c p,..
.r ma:. order the d:saster forces of a count;. or mumc:"ea!.ty to a:d the
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ccmmumty. The en:ef execut:se off:cer of the mume:pa!1ty or the m.
a 2n cr ancut gover ng bods of the county shall comp!y w:th the order of the l
d: rector and coopemte w:th the director m matters of emergency pre-
r per. 3 pa redness (2) A count., munic

pal:ty. or other agenc des:gnated or appcmt-ner prerases ed by the gosernor may make. amend. and resc:nd ordmances or poses..gq rales necessarc for emergency sere:ces purposes and supplementar.
t g,..g.
to a ra!e. order or direct:se :ssued by the governor or a state agenc:
he owner c7 exerc:smg a power de!ecated to :t by him. The ord: nance or rule
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shall be tempc ary ande upon the governor's declarat:on that a state m.
of disaster :s termmated shall no longer be in effect
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Secucn 30 414
';m
acenc Histoncal Note
'nent boa.-d.
i Pnor Laws:
o C L;943 i3023 P A 1953
',e KA. t 6 Notes of Decisions i
1.
County road commission Count road co rn rm ssien s 3re re-thrc x h the nnt permne way. the
. r""'IsMCrWrt C *'
quired IL 3*pk ICr j;saSIPT 355 S*dnC P CGun!
5.. J
f ander 'le E nernen': Preparedness Ac' At*< Gen T-
'o 53~5. p % 3
)
30.413 rorvien attack; force and effect of ordinances and rules; or.e G,n existing laws In the event of a for%n attac.- upon th:s state. an Set. 13.
( i ord:rance or raie of a ou n t:. or muna : pal:t, sna na'.e t he fu!! force and effect of ;aw w nen a oopy thereof.s filed n he off ve Jf 'he
.~~>4m..., y 2
e'
le'k of the poht: cal suod:' :s:en All eustmg :av < ord:r.ances. ami
.'.'.h; rWe' :n confin
with ms act or with an'. order rie. or d'ree* ve :s-s, sued under the autnor:' of this act sha:: De susoended dur:ng the e
f s-a per:0d cf *:me and to the extent that a confhet eusts I ;' ) All actmn 'aken unrter this act and all orden raies, and d:re:
ves made pursuant ' heroin snail w taken or made w:th due mn.s.
ttion of state eranon to the reievant oroers. rJies rec ;ut:cns. x* cn> recomme dations. and rmuests of federa; author:tles and, to ine extent perm '
.rv rules and ted os. la w sha.1 b" cons: stent with ' hose order < ra!n reg'Wa t:cns act ans. reccmmendations, and rr;ueste
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cmuAN DEFENSE 30.413 30.415 Historical Note Prior Laws:
C.L.1948,130.226.
Sec.15.
P.A.1953, No.154. I 6.
ness adviso designated 30.414 Undeclared state of disaster; contact with district coordi-advise the ;
nator; determination by district coordinator; advice the utilizat to governor poses set fo Sec.14. (1) In the event a disaster occurs which has not yet
.,I (2) The been declared a state of disaster by the governor, and the disaster is the advice.
deemed by the chief executive officer of the municipality or the gov-the governi erning body or the county in which it occurs to be beyond the control the absenci of the county or municipality, the county or local coordinator shall ings of the immediately contact the district coordinator. The coordinator of a members s county shall not request state assistance or a declaration of a state of subjects re disaster for an emergency which has occurred or is occurring solely without re!
within the confines of a city or village within the county unless re-(3) The quested to do so by the chief executive officer of the affected city or The district coordinator shall proceed immediately to the but shall b scene of the disaster and in conjunction with the county or local coor-l incidental village.
dinator shall assess the nature and scope of the disaster, and they f
(4) At t shall determine the personnel, services, and equipment which will be i
tuting the required for its prevention, mitigation, or relief.
l the Public of the Mic (2) Upon completing the assessment, the district coordinator shall forthwith notify the director of the findings and recommendations.
i ure of the 8
The director shall immediately notify the governor. If the director edness adv determines that immediate action is essential to the preservation of i
P.A.1976, b i
life and property, he may initiate temporary assistance to the affect-ed area as necessary and compatible with the policies and procedures of the Michigan emergency preparedness plan.
c,t3348, (3) The director shall advise the governor of the magnitude of the P.A.1953, disaster. The governor may take the necessary action he deems ap-P.A.1954.
propriate to mitigate the disaster. This act shall not be construed to restrain the governor from exercising on his own initiative any of the 30.416 powers set forth in this act.
P.A.1976, No. 390, i 14, Imd. Eff. Dec. 30.
Sec.16.
Historical Note disaster t(
Prior Laws:
disburse g l i C.L.1948. I 30.226.
og public P.A.1953, No.154, ! 6.
necessary Library References state whc CJ.S. War and National Defense I War and National Emergency C:=61.
62.
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30.416 civ1LIAN DEFENSE cannot be met adequately from other means. To implement and ad-(6) This act :
minister the grant program and to make financial grants thereof the duty, or respons governor may enter into an agreement with the federal government lage to act in tr or any officer, or agency thereof, pledging the state's share for the fi-this act.
nancial grants. The state's share shall not exceed 25% of the actual P.A.1976, No. 390 cost of the expenses and needs as authorized by section 408 of the federal disaster relief act and shall not exceed $5,000.00 in the aggre-gate due 1 individual or family.
1
"'I P.A.1976, No. 390, i 16. Imd. Eff. Dec. 30.
C1 1 30.23:
142 U.S.C.A. I 5178.
P.A.1953, No.15e Historical Note 30,418 oh Prior um:
i C.L1948,130.228.
I P.A.1953, No.154. I 8.
it i
L Sec.18. (1) l 30.417 construction of act admmistered b3 Sec.17. (1) This act shall not be constnied to interfere with the 3
under this act course or conduct of a labor dispute. However, actions otherwise au-
1 shall annually a thorized by this act or other laws may be taken when necessary to 7
level not to exce forestall or mitigate imminent or existing danger to pub.lic health or j
(2) The direi safety.
cy fund for the (2) This act shall not be construed to interfere with the dissemina-i travel, and subs tion of news or comment on public affairs. However, any communi-t cy of the state :
cations facility or organization, including radio and television sta-
}
lated operation tions, wire services, and newspapers, may be requested to transmit or
.,a governor's desi print public service messages furnishing information or instructions 1
mitigation of th in connection with a disaster.
(3) The dire fund a reimbur (3) This act shall notbe construed to affect the jurisdiction or re.
sponsibilities of law enforcement agencies, fire fighting forces, and the federal gave units or personnel of the armed forces of the United States when on (4) If a stati active duty. However, state, local, and interjurisdictional disaster States, and wh emergency plans shall place reliance upon the forces available for the fund may 25% share of g performance of functions related to disaster emergencies.
tion 408 of the (4) This act shall not be construed to limit, modify, er abridge the 9b288.2 authority of the governor to proclaim a state of emergency pursuant to Act No. 302 of the Public Acts of 1945, being sections 10.31 to 10.-
P. A.1976, No. 39 1 42 U.S.C.A.I f 33 of the Michigan Compiled Laws, or exercise any other powers vested in him under the state constitution of 1963, statutes, or com-mon law of this state independent of, or in conjunction with, this act.
(5) This act shall not be construed to relieve any state or local of-C.L1948, p 30.2 ficial, department head, or agency of its normal responsibilities.
Qly 742 0
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1 30.418 E.tERGENCY PREP WEIN ACT Th:s w sna.!,ot 5.> ecn=t.:ea, =, or at,r:dee tne power 3nd 3d-
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er. t
_._e, dut:.
r respons;bi:
,f he ch.ef execut s e af a e saste. exce m 3 m pross:3 set fortn.n
ace to act m he e,.e:
"e,
this act.
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L..*1" na m' sm s<a adminht ra tion eu 30.41S nisaster continuency f und; creation:
n penditu res: reimbursements; payment of state's match-W ing shares A disaster contmgency fund :s created and shall be Sec. 'A l '. '
An annual accountm2 of expendi*ures admmistered by the irec'cr shad be made to the :eg:clature and the,:eg:slature under th;s act shall annual!> a;'prcpr: ate suff:c:ent funds to mamtam the fund at a
. ^... -
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3 G
evel r.ct to exceed 5_m_ u a un U"'-.
The trecicr may expend moneys from the dtsaster contmgen-
,'"4.-' ",'
cy fund for the purpov of payme necessary and re isonable rte-':me.
(2)
I f an aRen-trave!. and subs:stence expenses meu-rec by an employee o Escer :a-c3 of the state act:ng a' the irect:cn of *ne iret'er m a d:saster re-of the gover!'or ammuni-with the concurre ce iated operat:en, and governor s des:i;nate.i representat;ve, f or other neecs required fcr the s.m sta-m:t:cancn of the e!!ects of or m response to, a msaster arm c i3) The diroeter may place d:r"eth m *he daaster contmconc:
.>t ru e n'
Jf 'he f uTid rPCeS ed
rom fund a reirnDuNemer.: for exi'end.tures Qu!
the federal government, o! another source
.C n C r r* -
If a state Of isaster :s declared n> 'he president of *he CT. !e
rced. J' (4)
N TI:
the JCVor*10: dn exiCnd.turP
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1 30.418 cmuAN DEFENSE 4
(c) Evidence the applicant h Ubrary References municipal emer M.LP. State i 16.
3 (d) Reimbur 30.419 state assistance to local polletcal subdivisions j
damage and di curred by the (1) Under extraordinary circumstances, and subject to lated activities
. Sec.19.
the requirements of this subsection, the governor may authorize an 1
duties, or for <
expenditure from the disaster contingency fund to provide state as-the effects, or h sistance to a local political subdivision when federal assistance is not When the governor proclaims a state of disaster, the first (e) A dama available.
division of the recourse for disaster related expenses shall be to funds of the political If the demands placed upon the funds of a local political ages claimed t subdivision.
subdivision in coping with a particular disaster are unreasonably applicant shall plicant accordi great, the governing body of the political subdivision may apply, by resolution of the local governing body, for a grant from the disaster gency services-The resolution shall certify that at the onset of W6, No. 31 contingency fund.
the disaster, the county emergency preparedness plan and, if the ap-plicant is a municipality with a population of over 10,000, the munici-pal emergency preparedness plan, were implemented. The resolution shall set forth the purpose for which the assistance is requested, the Pursuant to t school district's extent of damages sustained, and certify an exhaustion of local ef-ing a state of dh The application shall be reviewed by the director, and each
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Assistance grants under request shall be acted on by the governor.
this section shall not exceed $20,000.00 or 10fo of the total annual 30.420 m
operating budget for the preceding fiscal year of the political subdivi-Sec. 20. A The assistance under this subsection is to sion, whichever is less.
being sectiom provide grants, excluding reimbursement for capital outlay expendi-Act No.14 of t tures, in mitigation of extraordinary burden of a local political subdivi-P.A.1976. No. 3 sion in relation to its available resources.
(2) The standards for applicant and assistance eligibility for state assistance as provided in this section shall be determined according to Prior Laws:
rules promulgated by the director pursuant to Act No. 306 of the C.L1948,9 30.
Public Acts of 1969, as amended, being sections 24.201 to 24.315 of P.A.1953, No.
the Michigan Compiled Laws. The standards shallinclude the follow.
ing:
(a) Demonstration of exhaustionoflocaleffort.
(b) Evidence that the applicant is a county, or a political subdivi-sion within a county, which actively maintains a county emergency preparedness plan and annexes reviewed by, and determined to be current and adequate by the emergency services division, department of state police, before the disaster for which assistance is being re-If the applicant is a municipality with a population of quested.
10,000 or mom, the same requirement shall apply.
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Region V 300 South Wacker,24th Floor, Chicago, IL 60606 (312) 353-1500 4
c APR 2 01983 T.RANDAZZO b.bMORANDUMFOR: Assistant Associate Director, Office of Natural APR.2 81983
)
and Technological Hazards f
Attention:
Megs Hepler, SL-NT-TH-F0 FROM:
Acting Chief, Technological Hazards Branch
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SUBJECT:
Request for Assistance Concerning Emergency Preparedness Issues at FERMI 2 y
This memorandum is in response to your telephone requests concerning Mr. Jordan's letter of March 3, 1983, to Mr. Krimm regarding this same subject. We have reviewed the Monroe County assertions, as summarized by the Atomic Safety and Licensing Appeal Board, as requested.
Each assertion is discussed individually in the attachments to thi,s memorandum. The attachments are intended to provide the basic information needed for your report to the NRC.
Please be aware that as a result of the ASLAB decision of December 21, 1982, we have been involved with the Emergency Management Division, Michigan Department of State Police, and with Monroe County officials in attempt to help res,olve concerns regarding the radiological emergency planning for Fermi 2.
At a meeting on March 1, 1983, requested by Monroe County, and involving FEMA Region V, State and Monroe County representa-tives, the Monroe 4 ounty Board Chairman limited discussion to one concern only.
This concern that the county lacks sufficient funds or expertise to undertake recovery and reentry operations can be identified as an assertion made to the ASLAB and is discussed in Attachment 3 of this memerandum. As stated in the attachment, the State and County are working to resolve this one remaining concern.
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Dan Bement Attachments s'
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Assertion #1:
The county lacks the bus capacity to evacuate people who are without transportaticn.
Discussion:
Information in our files originally developed by Monroe County and State planners during their initial planning indicates:
(1)
The total population within the 360 degree 10-mile EPZ is estimated to be 64,546.
Of these, 34,474 people are in Sector "N" (WSW) and between five and ten miles from the plant.
Prevailing wind is from WSW, which decreases probability of evacuation involving that sector.
(2)
The total population within 360 degrees and five miles of the plant is 12,298.
(3)
Resources of the Monroe County school districts includes 297 buses with,a capacity for 18,191 persons in the public schodls.
Private schools in the area have an additional 8 buses with a total capacity for 494 persons.
Fifteen of the public school buses, with a total capacity for 650 persons, are equipped with lifts.
(4)
For exemplification only, two scenarios using a full 180 degree evacuation were devised.
The first, based on prevailing winds from WSW involv.es an estimated total population of 12,847.
This is approximately 68.7 per cent of the available school bus capacity. The second scenario was based on winds from ESE to include the maximum number of people within the 180 degree arc.
An estimated 9,224 persons would be within five miles of the plant. Total population within ten miles of the plant is estimated to be 62,745. Availabic school bus capacity would be exceeded only if more than 29.8 per cent of these people were transportation dependent.
Emergency evacuation planning' included other resources available from Monroe Rapid Transit System. At the time of initial planning there was a legal question concerning use of school buses. The Michigan State Attorney General, subsequently, has issued an opinion that school buses may be used for evacuation in event of an emergency.
Three points must be emphasized.
One, the above scenarios, describe an unlikely evacuation of.180 degrees. Two, primary means of evacuation will be by private vehicle.
And, lastly, some resources are available from Monroe Rapid Transit System in addition to the school buses discussed herein.
CdNCLUSION:
FEMA Region V does not endorse this assertion.
L Assertion #2:
The County doubts the willingness and training of volunteer pmergency workers to carry out all of their assigned tasks.
~
l Discussion: The County's petition contains unsupported statements regarding i
the willingness of volunteer firefighters to perform their emergency tasks.
This seems uncharacteristic of volunteers.
However, FEMA Region V has not l
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2 polled the fir'efighters and cannot, at the present time, confirm nor contradict this portion of the County's assertion.. Potentially, a tentative im passe may exist until documentary evidence can be developed by the county, State and FEMA.
Training of emergency workers has been a concern of the Michigan Emergency Management Division.
As a result, they have developed a comprehensive radio-logical emergency training program for emergency workers which is now being l
implemented.
The training program involves a general four part program'for all workers who could operate within the 10 mile EPZ and specific training for certain groups of workers, i.e. local fire departments and fire volunteers receive additional orientation on decontamination procedures. The general program is designed to provide training in basic nuclear physics, biological effects of radiation, radiological emergency response, support organizations' structures and responsibilities and procedures.
Retrospectively, this is among the issues County representatives declined to discuss during the meeting on March 1, 1983.
The County representatives' firm declination to discuss this assertion was qua11fied by a reference to an earlier meeting with utility officials.
There was inference this assertion was or is being resolved between the County and the utility.
CONCLUSION: We find the newly implemented training program to be comprehensive and specifically designed to acquaint emergency workers with their specific responsibilities as well as providing an accurate explanation of considerations and characteristics involving radiological phenomena and environments. We believe implementation of the training program will tend to alleviate concerns stated in this assertion.
Recognizing the County's reluctance to further pursue the assertion with FEMA Region V and State representatives, we have deferred necessary field activities in pursuit of additional pertinent informa-tion.
Initiation of the field activities will be in coordination with the State and is dependkat upon direction from FEMA Headquarters as well as being at the discretion of the Atomic Safety and Licensing Appeals Board.
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Assertion #3:- The County lacks sufficient funds or expertise to undertake recovery and reentry operations.
Discussion: This is the singular assertion Monroe County representatives discussed with FEMA Region V and Michigan Emergency Management Division representatives during the meeting on March 1, 1983.
Discussion focused on the following paragraph of the present Monroe County Emergency Preparedness l
Plan:
1.
j
" Local government is responsible for the recovery of and reentry into areas evacuated and/or contaminaced due to an offsite release. They will receive advice and assistance from the Michigan Department of Public Health.
Tasks required during this period include:
a.
Decontamination of people, property and food; 1
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3 b.
Continued security of evacuated areas to prevent unauthorized entry and vandalism; c.
Health and medical services for evacuees; d.
Mass care and welfare; e.
Monitoring of people and property; f.
Transportation; g.
Radioactive waste disposal; h.'
Engineering support; i.
Long-term monitoring;
j. Scheduling and controlling reentry based on criteria established by the Michigan Department of Public Health; k.
Preparing a summary report of the emergency with recommendations for further actions and infopmation to, the local Emergency Operations Plan."
This paragraph, as written, makes Monroe County solely responsible for accomplishment of tremendous tasks far beyond the County's financial capability.
The State representatives agreed that plan revision should be made to better define the exent of the County's responsibilities; identify assistance to be available from and through the State and; generally clarify the' role of County, State and Federal governments.
.In contrast to the specific interpretation of the wording in the plan, during the full-scale exercise in February of 1982, the County and State demonstrated a mutual understanding of responsibilities and accomplishment of tasks. This mutual understanding is further evidenced by replies made by county officials to specific queries during the public meeting of June 16, 1982.
Specifics include:
a.
The Monroe County Director of Social Services explained his staff of 120 persons would be augmented by volunteers from the American Red Cross and by Department of Health staff to man reception and decontamination centers.
The Department of Health has responsibility for personnel decontamination.
Methods for. decontamination of canned and fresh foods were explained.
It was
'ot mentioned that actions would be taken to prevent contaminated foods from
,being marketed.
=
b.
Representatives from the Monroe County Sheriff Department and Monroe Police Depar'tment explained resources available to assist in traffic control, access control and continued security of evacuated areas.
These resources include use of mutual aid law enforcement agencies, special deputics, State Police and Michigan National Guard.
D
4 c.
Discussion of health and medical services focused primarily on two types of circumstances.
One, the handling of contaminated patients at hospitals and, two, assistance to bed-ridden or other individuals who could not be moved, but were within the zone to be evacuated.
In answer to the first, it was explained that Mercy Hospital had facilities for handling contaminated persons.
In event, Mercy Hospital is inside the zone to be evacuated, Seaway Hospital serves as an alternate.
It is anticipated the most likely need would be care for contaminated and injured individuals from on-site, but the general public (from off-site) would be afforded necessary treatment.
In answer to the second aspect, arrangements for identification of transportation dependent people, including provision of transportation, were explained briefly. Method includes the coordination and cooperation of Social Services, Health Department, Law 1
Enforcement, fire agencies and. schools.
Sheltering of the individual who could not be moved was mentioned as a possibility.
j d.
Mass care and welfare was not discussed as 'a' singular topic, but was acknowledged to be the responsibility of the Department of Social Services.
Discussion generally concerned the operation of reception and decontamination,
f
centers, Monitoring of people and property was acknowledged to be the e.
responsibility of the Department of Health with assistance from the State l
Department of Public Health. -
l f.
Transportation discussions involved a variety of specific instances.
Use of privately owned vehicles is the planned primary source of transportation.
The plan provides for the removal of traffic impediments such as stalled vehicles and prioity snow removal on evacuation routes during inclement weather. Use of school buses is planned to provide transportation for transportation dependent individuals Possible widening and improvement of the North Dixie Highway, which is an evacuation route, had been referred to the Monroe County Road Commission for study.
~~
Radioactive waste disposal would be under supervision of the State g.
Department of Public Health.
t
'h.
Engineering support was not discusse.d during th.e public meeting.
1.
Long-term monitoring would be under supervision of the State Department of Public Health.
Scheduling and controlling reentry would be based on criteria established j.
by the Michigan Department of Public Health.
CONCLUSION:
The Monroe County Board has acted upon the citizens' concerns
. stated during the public meeting of June 16, 1983, by formally addressing the concerns to the Atomic Safety and Licensing Appeal Board, the NRC and FEMA.
The broad scope of this assertion inter-relates to the concerns expressed in the ramaining assertions.
Irrespective of this interrelationship, however, FEMA Region V, the State of Michigan and Monroe County representatives mutually agree that additional clarification and definition of responsibilities during recovery and reentry must be included in the plan. Action is being taken by Monroe County and the State of Michigan to accomplish the revision.
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Assertion #45 The County questions whether an evacuation can be successfully accomplished, given the length of time needed to mobilize command officials, the inadequacy of existing roads and the frequent impassability of the roads in winter.
Discussion: The minutes of the public meeting held on June 16, 1982, reflect citizens' concerns regarding evacuation. County officials cited examples when evacuation of portions of Monroe County was successfully accomplished during flooding.- Discussion of the length of time needed involved die notifica' tion from the plant, alerting of. officials and the County and State level, and getting a decision from the Governor ordering evacuation. These concerns seemed to be based partially on doubt of prompt notification from the utility and partially upon a situation wherein a significant release occurs within a few seconds of normal operation conditions.
In response, explanation included description of the emergency action level scheme, the notification communications network and emphasized the likelihood that EOCs would be manned at the " Alert" level.
The Monroe County Emergency Operations Plan contains an estimate that the EOC will be fully operational within one hour foll,owing notification of an "Al'ert'!.
If warranted by an extremely rapidly deteriorating situation, this mobilization time would be running coincidentally with data gathering and recommendations to l
the Governor concerning protective actions'to be impl,emented. The length of time required to mobili,ze local, resources is a factor for consideration in selection of protective actions to be implemented; however, the decision making process is a separate function which, if necessary, could be accomplished independently without the Monroe County.EOC.
Implementation of protective actions is dependent-upon support and coordination by the Monroe County command officials and the time required for local mobilization, in an extreme circumstance, could influence which protective actions are to be implemented.
Within the minutes 'of the p~ublic meeting, we find references regarding the difficulty of evacuating the Stony Point and Bay Brest areas within Frenchtown Township.
This was's contention heard before.he ASLB on April 4, 1982.
Further
' discussion of this specific issue is inappropriate at this time.
During the public meeting there was also a spontaneous proposal to widen North Dixie Highway j
near the plant. The Chairman of the County Board indicated the proposal had been l
referred to the Road Commission for study. We can find no other documentation referencing inadequacy of existing roads. To the contrary, we find that all evacuation routes selected in the Monroe County Plan have an estimated capacity l
of, at least, 1200 vehicles per hour.
This estimate, we believe, was extracted from the PRC Voorhees' Study, " Preliminary Estimate, of Evacuation Times," dated Oct'ober, 1980.
The estimates are reflected in the Law Enforcement Annex to the Monroe County plan.
Regarding the alleged frequent impassability of the roads in winter, this situation may occur as a result of normal scheduling and utili-zation of snow removal equipment serving the county.
However, priorities for snow removal during normal times would not be applicable in the emergency
situation. The Monroe County plan provides for keeping evacuation rou.tes open for evacuat' ion traffic to be a top priority of the County Road Commission and i
local police agencies.
The Law Enforcement Annex provides for removal of The same traffic impediments on the evacuation routes during an emergency.
annex provides for manning of traffic control points to expedite the exiting traffic.
CONCLUSION:
During natural disasters, Monroe County has experienced need to accomplish evacuation and has done so successfully.
The concern regarding the e
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length of time required to mobilize command officials would be applicab1e' in an extreme circumstance only, when protective action other than evacuation could well be more appropriate.
Improvement in existing roads is always desirable, however, we believe the present evacuation routes are adequate. The priority afforded for snow removal in winter during an emergency would avoid the impassability conditions _ experienced when emergency conditions do not exist.
FEMA Region V finds the concerns raised in this contention have been recognized previously and that planning adequately compensates against significant adverse impact.
Assertion #5:
The County lacks sufficient personnel to staff decontamination /
reception centers..
{
Discussion: The Monroe County Department of Social Services, with assistance from the American Red Cross, is responsible to staff'the reception centers.
The County Health Department is to establish the decontamination center function'of these locations.
The Monroe County plan identifies five schools.
that may potentially be"used as reception / decontamination centers.
Selection of the centgrs to be activated would be dependent upon the situation.
In addition, five other schools' have been identified for potential use as congregate s
care shelters, which would be staffed by Department of Social Services and vol,unteer agencies. 'It must be recognized that none of these facilities would be activate,4 unless evacuation is directed to the Southwest of the plant.
An evacuation to the North is provided<for in the Wayne County plan.
During the public meeting of June 16, 1982, theHonroeCountyDirectorofSocialServices stated his staff consists of 120 full-time paid professionals who have received training in operating reception centers during radiological incidents. He pointed out that his staff would be augmented by volunteers from the American Red Cross and cited. past good experience when these people have manned reception centers during natural disasters. He expressed his belief that the Department of Social Services could carry out their assigned re'sponsibilities.
'CONCbUSION: Documentation within the Monroe County. plan and in the minutes of the public meeting is contrary to the assertion.
FEMA Region V endorses.the concept that the county can, in f act, staff the decontamination / reception centers', at least during the-initial period following a nuclear incident.
It must be recognized that, in a continuing situation, if county resources become taxed, additional manpower' resources would be provided through State coordination.
g Assertion #6:,,The County qucations whether potassium iodide supplies can be made available quickly.
e Discussion:- Tht;Cou,nty's,patition states " Supplies of potassium iodide are to be warehoused at a central location'under the control of the Michigan Depcrt-
" ment of Pub,lic Health (DPH).
Under the DPH's scheme, potassium iodide would be distributed only after a radiological emergency was underway.
Such a dis-tribution is unlikely to be timely or effective, thus seriously imperiling the health of EPZ residents and emergency' workers."
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i The Michigan Radiological Emergency Response Plan, on page Q17, states "The (Department of Public Health) has the responsibility to provide thyroid blocking agents to all state emergency workers..." Other references in the plan indicate the DPH intend to provide potassium iodide to emergency workers dispatched by State agencies.
The MRERP also states " Local health department directors or health officers are encouraged to develop and implement plans for the acquisition, storage,'and distribution of potassium iodide tablets for local emergency workers and the general public based upon guidance which has been provided by the department."
The Monroe County plan states "The Michigan Department of Public Health maintains a quantity of potassium iodide at its central office. When an incident occurs this supply will be transported to the local area. The MDPH also has contacts from which additional drugs can be o,btained for distribution i
to the general public. The Director of the Monroe Coun'ty Health Department will distribute the drugs." This plan also provides that, at the ALERT level, the Monroe County Health Department will " identify all sources of potassium iodide for emergency workers and the public if needed.
Review distribution procedures." Procedures to be implemented in a GENERAL EMERGENCY include
" Recommend emergency workers take potassium iodide and make it available for the general public, as necessary." This latter recommendation would be based, on criteria common to the State and County plans and upon guidance received h
from'the Michigan Department of Public Health.
As illustrated in the above quotations, the State and County plans are confusing and may be in conflict.
This was noted during earlier Regional
.t Assistance Committee reviews of the plans and the recommendation that, if spotassium iodide is to be distributed to the public, supplies should be
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stored locally.
The State has indicated i,t's plan is being revised to include the criteria for distributing KI.
CONCLUSION: We find it is within the County's prerogatives to obtain r
potassium iodide supplies and devise methods of distribution within.the parameters of guidance from the Michigan Department of Public Health. As such, the county can initiate action to resolve problems associated with this assertion.
]
Assertion #7: The County believes the monitoring system new in place to detect radiological releases are inadequate.
Discussion:
FEMA Region V has very little definitive information concerning on-site radiation detection instrumentation and methods.
Also, FEMA lacks the expertise to evaluate these systems for determination of adequacy.
' CONCLUSION:. FEMA Region V must refer this assertion to the Nuclear Regulatory
~
' Commission.
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l Assertion #8:, The County doubts that the method chosed for decontamination of cars and trucks is adequate.
i Discussion:
In their petition, the county states "The only method of vehicle decontamination available to ill-equipped fire departments that are responsible for such decontamination is water-hosing vehicles. This method is inadequate to successfully decontaminate vehicles and would create serious additional j
contamination problems for the farmland or other land used to receive the runoff water."
The Monroe County Plan contains several references to decontamination:
a.
Page BP-1-9, "If possible cont.aminants are involved, the evacuees may require processing thrsugh a decontamination' center? Several of these centers will be established along the periphery of the affected area for monitoring, decontamination, registratiori,' and medical surveillance."
~
b.
The School Annex identifies five schools as potential decontamination l
centers.
^
The Fire Annex states '! Fire perso'nnel'w'ill, decontaminate vehicles, as c.
publi,sary, at, the recep, tion /iiecontam,ination center,s, ope, decontamination ce neces rated for the general -
c.
The fire d, epa.rtmentinwhose[u'cisd'ictionthe is located will perform the decontamination functions.
Guidance.will be provided by public. health officials." Also, "The fire departments will perform other
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specialized decontamination tasks as required.' This may include ho' sing down emergency vehicles, supplies, and equipment."
l d.
Atrachment C to"the Fire Annex s.tates'" Fire personnel'from the.
district (s)'in which 'the decont' amination center (s) is ' loc &ted will' be present
'to de' contaminate (ho'se down) the private vehicles of the public that may be contaminated as wel'I'a~s the v'ehicles or equipment of emergency workers.
Additional fire personnel will be provided through the Monroe County Fire Matual Aid Pact.
Fire services will bring hoses that they will attach to the l
fira plugs at these locations, or, they will bring water with them in tank i
trucks, depending on the location. The waterpressure attained will serve to l
decontaminate vehicles.
Decontamination of vehicles will be accomplished in a nearby field to allow for the containment of material in one area, and to facilitate removal of it at a later time, if necessary.
Radiological Defense monitors will be present to monitor for decontamin-ation, assisted by Michigan Department of Public Health."
l In Attachment F to Annex Q (Department of Public Health) of the l
e.
Michigan Radiological Emergency Response Plan, it is stated "There is no known
federal guidance for drinking water contamination in an emergency.
Because of the nature of the source, contamination of a groundwater source is very unlikely,'
but a nuclear incident could easily result in contamination of a surface water source of drinking water."
f.
Radiological decontamination involves either isolation throughout the period of natural decay of the racioactive materials or removal of the
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In the case of vehicles, removal of the particles from the vehicle is the ecst expeditiou's and, therefore, preferable.
When the particles are removed, by whatever method, the problem of containment must be addressed.
Driving the vehicles and allowing air currents and the j
natural elements to remove the particles is undesirable because of lack of control to prevent the spread of the radioactive contaminants. Other methods result ir. the particles becoming airborne, which diminishes control and enhances potuntial for inhalation or ingestion. Washing the particles from the vehicle reduces the possibility of the particles becoming airborne and, through selection of the site at which the washing is acccmpli'shed, permits a greater degree of control of the particles.- Use of swabs, brushes l
and other materials generates additional radioactive waste materials. Use of commercial car washes may allow the particles into the sewage system resulting in uncontrolled spread and possible creation of "hotspota". Although sub-free * *.ng weather is a factor, hosing down the vehicles is usually the preferres method for decontamination.
When this method is used care must be exerted to assure collection and containment of the "run-off" water.
Following the cessation of decontamination operations, residual contaminated water can be removed, if necessary. Water escaping through evaporation would be purified by the evaporation process itself and the radioactive particles would remain in the containment. Water escaping through absorption into the ground would be purified by the filtering effect of the ground.
Finally, when all the water is gone, the radioactive particles remaining on and in the ground could be removed, if necessary, by removing the ground itself.
Removal of the ground is an extreme and improbable remedial action.
Isolation of the area for t
I a relatively short period of time is more realistic when consideration is given te the characte'ristics of the source.
CONCLUSION:
FEMA Region V contends that the waterhosing is an adequate method for radiological decontamination of vehicles. Although we agree that water run-off is a factor for consideration, methodology exists for containment and, if necessary, eventual disposal of any collected radio active materials.
It is noted these activities will be accomplished under the supervision of the Michigan Department of Public Health. We note the statement by the Michigan i
Department of Public Health, in their plan, that contamination of a groundwater source is very unlikely.
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Monroo City-County Offico of Civil Frdparedncss MONROE CouMTY COURTHOUSE 106 E. FIRST STREET TEl.EPHON E (31312414400 MONROE. MICHIG AN 48161
' Community Teamwork JON R. ECKERT for Survival
DIRECTOR JOHN K. STOUT ASSISTANT DIREC2 l' arch 18,1983 O
Mr. Arden T. Westover, Sr.
U Chairman, Monroe County Board of Commissioners 106 E. First Street Monroe, Michigan 48161
Dear Ch' airman Westover:
Attached are recen= ended changes to the " Appendix I, Nuclear facility Procedures, to the Basic Plan." As per our agreement with the Federal Emergency Management Agency and the State of Michigan at the meeting held in Battle Creek, Michigan on Tuesday, March 1,1983. We aoreed to prepare a draft of the "Apoendix I, Nuclear Facility Procedures to the Basic Plan" to present to the State of Michigan for review and hopefully thetrgonsensus.
At this time I would recomend to the Board the adoption of the attached changes and authorize the Office of Civil Preparedness to submit them 3
to the Michigan State Police / Emergency Manacement Division for their review and approval.
~
If a~nd when the State of Michigan agrees t'o the revisions of the "Rasic Plan" the Office of Civil Preoaredness will at that time meet with all department heads and restructure the following annexes:
Direction and Control, Warning, Comunications, Radiolooical Defense, Police Services, Fire Services, Health /ftedical, Public Services, Social Services anci School Services'.
I will be hapoy to attempt to answer any questions you may have in recard to the reconnended changes.
1 i cerely, Jon R. Eckert Director / Coordinator Office of Civil Preparedness JRE
u BOARD OF C MMISSIONERS MONRuf UNa,
ICHIGAN
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Lt. James Tyler Michigan State Police /
Emergency Man'agement Division 111 S. Capitol Avenue Lansing, MI 48913
Dear Lt. Tyler:
As per our agreement on March 1,1983 at Battle Creek, Michican, the County of Monroe agreed to rewrite the " Appendix I, !!uclear Facility Procedures, to the Basic Plan" and present it to you and your deoart-ment for review and approval.
The !*onroe County Board of Commissioners has reviewed and a'poroved the attached changes.
Monroe County can only accept the Board's approved revisions, as we do not have the personnel and/or the re-sources to fulfill the original draft.
If I can be of any further assistance please feel free to call me or contact the Monroe City-County Office of Civil Preparedness.
Sincerely, O
Arden T. Westover, Sr.
Cha.irman, Monroe County Board of Ccmmissioners ATW/jrm Attachment cc:
Governor James Blanchard Honorable Jchn Dingell Honorable Carl Levin Honorable Donald P.iegle, Jr.
John Anderson, Pegion V, FEMA Director Rick Anthony, FEMA - Battle Creek Dan Bement, FEMA - Battle Creek Col. Gerald Hough, MSP/EMD Director Capt. Peter P.. Basolo, PSP /EMD Deputy Director l
l
rv l
Recomended Changt:s to the " Appendix I, (Nuclear Facility Procedures) to the Basic Plan".
BP'l-4 2.
In the event of a nuclear incident where offsite effects occur, or there is the imminent threat therof or at the alert level as soecified in the l
Monroe County Emergency Response Plan for the activation of the County Emergency Operating Center, The Governor will declare a " State of Disaster" pursuant to Act 390, Public Acts 1976.
The Richigan Emeroency Preparedness Plan will be activated by this action along with the local plans, if not already activated. Once a state of disaster is delcared, comoensation and liabilities will be resolved according to the statutory authority contained
.within the act.
BP 1-7 VI.'
B.
Radiological Monitoring 1.
Initially, monitoring will be done by the Plant. As soon as,the County,
Emergency Ooerating Center is activated, the Radiological Defense Officer shall appoint trained personnel to accompany each plant monitoring team and transmit data to the County Emergency Operations Center and the State Emergency Operations Center for plotting.
Plotting will project -
plume direction and will show the area affected.
The plottino will be O
corrdinated in the County E.0.C. by the Radiological Defense Officer in accordance with the Radiological Defense Appendix. The affected area will be detemined according to wind direction, atmospheric conditions and the type of release.
BP 1-8 D.
Evacuation 1.
Off-site monitoring and sampling will be necessary to determine any changes in the plume.
Plant Personnel uill assume this responsibility in Monroe County until the Michigan Department of Public Health monitoring teams arrive. The Monroe. County Radiolooical Defense Officer will assion a liaison to the Plant monitorino teams and the Michigan Deoartment of Public Health monitorino teams to assure County E.O.C. Dersonnel adeouate and timely infonnation for necessary decision makino purposes.
The Radiological Defense Appendiz describes monitorino capabilities.
Initially, the Plant and County RADEF liaison and later the Michigan Denartment of Public Health and County RADEF liaison will provide the radiological monitoring for the County.
2.
The Michigan Department of Public Health will be resoonsible for radiological monitoring at the decontamination centers and congregate care facilities with assistance as may be necessary, from county radiological defense personi BP 1-9 F.
Emergency Worker Exposure Control 1.
The Monroe County Radiological Defense Office is resoonsible for maintaining a record of exposure for all county and local municipality officials and volunteers involved in the emergency response i nd an estimated record of exposure for the populace.
BP 1-10 H.
Food or Water Contamination 1.
Upon notification of an incident that may cause food product and/or water contamination, the Civil Preparedness Director / Coordinator will follow the recomendations of State Cfficials in alerting users of the affected food and/or water. Appropriate protective measures will be taken in-cluding intensive sampling by the Michigan Department of Public Health and the County RADEF personnel to determine what further actions may be' needed.
Recomm:nded Chang;s Pago:
2 BP 1-10 I.
Reentry and Recovery 3.
Local Government is responsible for reentry and recovery. Tasks reouired during this period include:
(A)
Scheduling, controllina and coordinating reentry based on recommendation:
of the Michigan State Police / Emergency Manacement Division.
(B)
Preparing a summary report of the emergency with recommendations for further actions and information to the local "Emercency Operations Plan" 4.
State and/or Federal Government is responsible for the recovery of an reentry into areas evacuated and/or contaminated due to an off-site release. They will receive advice and assistance from the Michigan Department of Public Health and coordinate the recovery and reentry through the Chairman of the '
O Monroe County Board of Commissioners and the County E.O.C.
Tasks required during this period include:
A.
Decontamination of people, property and food.
B.
Continued security of evacuated areas to prevent unauthorized ent'y.
r and vandalism.
C.
Health and Medical Services fdr evacuees.
D.
Mass Care and Welfare.
E.
P.onitoring of people and pro.erty.
n F.
Transporation.
G.
Radioactive waste disposal.
H.
Engineering Support.
I.
Long-term monitoring.
SP 1-12 L.
Exercise of Plan 1.
Monroe County may at the direction of the Chairman and/or the Monroe County Board of Commissioners participate in a major joint Federal, State, County, O
and Plant Operator exercise prior to the adoption of the " Nuclear Facility Procedures" portion of the Monroe County Emergency Operations Plan, and thereafter as required. A major exercise will be held prior to coerationil
_ licensing of the Enrico Fermi Atomic. Power Plant Unit 2.
G 4
9 e
N P-EMEld3ENcY M AN ASEMENT oIVl0lSN
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t,awam i.evsi.
JAMES J. sLANcH ARD. GOVERNOR d',',7;,*,Y,*,*,Y,',",j,*g DEPARTMENT OF STATE POLICE
"=' '" ">-a "
COL. OERAS.O L. HOUSM. DIRECTOR April 8, 1983 Mr. Arden T. Westover, Chairperson Mooroe County Board of Commissioners 120 East First Street Monroe, Michigan 48161
Dear Mr. Westover:
This letter is in response to your correspondence of March 23, 1983, with the proposed changes to your basic plan.
Since your proposed changes address several items, I"will address them one at a time in the order written.
BP l Proposed 2.
In the event of a nuclear incident where offsite effects occur, or there is the imminent threat thereof or at the alert level as specified in the Monroe County Emergency Response Plan for the activation of the County Fpergency Operating Center, the Governor will declare a " State of Disaster" pursuant to Act 390, Public Acts 1976. The Michigan Emergency Preparedness Plan will be activated by this action along with the local plans, if not already activated. Once a state of disaster is declared, compensation and liaibilities will be resolved according to the statutory authoYity contained within the act.
RESPONSE
Act 390 of the Public Acts of 1976 states in part:
SECTION 3 GOVERNOR; GENERAL POWERS Sec. 3 (1)
The governor is responsible for meeting dangers to this State or people of this State presented by disasters.
Sec. 3 (2) The governor may issue executive orders, proclamations, and directives having the force and effect of law to implement this An executive order, proclamation, or directive may be amended act.
or rescinded by the governor.
4 r
Mr. Ard:n T. Wictovar
. Pcg2 Tws April 8, 1983 Sec. 3 (3)
The governor shall, by executive order or proclamation, declare a state of disaster if he finds a disaster has occurred or the threat of a disaster is imminent.
The state of disaster shall continue until the governor finds that the threat or danger has passed, the disaster has been dealt with to the extent that emergency conditions no longer exist, or until the declared state of disaster has been in effect for 14 days.
After 14 days, the governor shall issue an executive order or proclamation declaring the state of disaster terminated, unless a request by the governor for an extension of the state of disaster for a specific number of days is approved by i
the legislature. An executive order or proclamation issued pursuant to this subsection shall indicate the nature of the disaster, the area or areas threatened, the conditions causing the disaster, and.the conditions permitting the termination of the state of disaster.
An executive order or proclamation shall be disseminated promptly by means caluulated to bring its contents to the attention of the general public and shall be promptly filed with the Emergency Services Division of the Department of State Police and the Secretary of State, unless circumstances attendant upon the disaster prevent or impede its prompt filing.
i SECTION 4 DISASTER RESPONSE; PLANS; ASSISTANCE; AID Sec. 4 (1)
An executive order or proclamation of a state of disaster shall activate the disaster reponse and recovery aspects of the state, local, and interjurisdictional disaster emergency plans applicable to the political subdivision or area affected.
Sec. 4 (2)
An executive order or proclamation of a state of disaster shall serve to authorize the deployment and use of any forces to which the plan or plans apply and the use or distribution of supplies, equipment, materials, or f acilities assembled or stockpiled pursuant to this act.
Sec. 4 (3)
Upon declaring a state of disaster, the governor may seek and accept assistance, either financial or otherwise, from the federal government, pursuant to federal law or regulation.
SECTION 5 GOVERNOR; SPECIFIC POWERS AND DUTIES Sec. 5 (1)
In addition to the general authority granted to the governor by this act, he may, upon his declaration of a disaster:
i Suspend a regulatory statute, order, or rule prescribing the a.
procedures for conduct of state business, when strict compliance with the statute, order, or rule would prevent, hinder, or delay l
necessary action in coping with the emergency.
This power do'es not extend to the suspension of criminal process and procedures.
i l
PhgaThrso
, April 8, 1983
~b.
Utilize the available resources of the state and its political subdivisions, and those of the federal government made available to the state, as are reasonably necessary to cope with the disaster.
Transfer the direction,' personnel, or functions of state c.
departments, agencies, or units thereof for the purpose of performing or facilitating emergency services.
d.
Subject to appropriate compensation, as authorized by the legislature, commandeer or utilize private property necessary to cope with the disaster.
Direct and compel the evecuation of all or part of the e.population from a stricken or threatened area within the state if necessary for the preservation of life or other disaster mitigation, response or recovery.
f.
Prescribe routes, modes, and destination of transportation in connection with the evacuation.
g.
Control ingress and egress to and from a disaster area, removal of persons within the area, and the occupancy of premises within the disaster area.
1.
Provide for the availability and use of temporary emergency
housing,
j. Direct all other actions which are necessary and appropriate under the circumstances.
SECTION 10 COUNTIES AND MUNICIPALITIES; POWERS AND DUTIES Sec.10 (1)
Eaeh-county and municipality shall have the power and authority:
To appropriate and expend funds, make contracts, obtain and a.distribute equipment, materials, and supplies for disaster purposes.
b.
To provide for the health and safety of persons and property, including emergency assistance to the victims of a disaster.
To direct and coordinate the development of disaster plans c.
and programs in accordance with the policies and plans established by the appropriate federal and state agencies and this act.
d.
To appoint, employ, remove, or provide, with or without compensation, rescue teams, auxiliary fire and police personnel, and other disaster workers.
g Pcg3 Pcur
. April 8, 1983 If a state of disaster is declared by the governor, to e.assign and make available for duty, the employees, property, or equipment of the county or municipality relating to fire fighting; engineering, rescue; health, medical, and related services; police; transportation; construction; and similar items or service for disaster relief purposes within or without the physical limits of the county or municipality as ordered by the governor or the director.
As you can see, state law does not allow for a county, by use of the
- be made county plan, to dictate a pre-disposed decision requireu by the governor of the state.
This decision is clearly t..; governor's responsibility.
If the chief executive is desirous of a governor's state of disaster declaration and it has not yet been declared by the governor, the proper procedure to be followed is found in Section 14 of Act 390.
SECTION 14 DISTRICT COORDINATOR; ASSESSMENT; MITIGATION Sec. 14 (1)
In the event a disaster occurs which has not yet been declared a state of disaster by the governor, and the disaster is deemed by the chief executive officer of the municipality or the governing body or the county in which it occurs to be beyond the control of the county or municipality, the county or local coordinator shall immediately contact the district coordinator.
The coordinator of a county shall not request state assistance or a declaration of a state of disaster for an emergency which has occurred or is occurring solely within the confines of a city or village within the county unless requested to do so by the chief executive officer of the affected city or village. The district coordinator shall proceed immediately to the scene of the disaster and in conjunction with the county or local coordinator shall assess the nature and scope of the disaster, and they shall determine the personnel, services, and equipment which will be required for its prevention, mitigation, or relief.
Sec. 14 (2)
Upon completing the assessment, the district coordinator l
shall forthwith notify the director of the findings and recommendations, l
The director shall immediately notify the governor.
If the director determines that immediate action is essential to the preservation of life and property, he may initiate temporary assistance to the affected area as necessary and compatible with the policies and procedures of the Michigan Emergency Preparedness Plan.
Sec. 14 (3)
The director shall advise the governor of the magnitude of the disaster. The governor may take the necessary action he deems This act shall not be construed appropriate to mitigate the disaster.
to restrain the governor from exercising on his own initiative any of the powers set forth in this act.
l
Ig; uswiry.7ans-ms Pcgo Fivo April 8, 1983 BP l-7 VI.
B.
Radfological Monitoring - Proposed 1.
Initially, monitoring will be done by the Plant. As soon as the County Emergency Operating Center is activated, the Radiological Defense Officer shall appoint trained personnel to accompany each plant monitoring-team and transmit data to the County Zmergency Operations 4
Center and the State Emergency Operations Center for plotting. Plotting will project plume direction and will show the area affected.
The plotting will be coordinated in the County E.O.C. by the Radiological Defense Officer in accordance with the Radiological Defense Appendix.
The affected area will be determined according to wind direction, atmospheric conditions and the type of release.
i
RESPONSE
i Once a disaster declaration has been issued by the governor under Act 390 of 1976, the State of Michigan policy calls for the involved utility, the Michigan Department of Public Health, Radiological Health Services and, if necessary, radiological monitoring response teams from other utilities, responding under a mutual aid agreement, to provide for the measurement of radioactive emissions within the affected area.
Prior to this disaster declaration, the county may take whatever action that they deem appropriate with respect to monitoring, however, they can only recommend protective actions be taken and cannot compel residents to comply because they lack the enabling legislation to do so.
Any actions taken by the county prior to a disaster declaration by the governor's office is under the liability of the county and not the Under a disaster declaration issued by the governor, all state.
radiological measurements and projected releases must be reported directly to the State EOC by the utility for evaluation by the radiological health physicist assigned to the State EOC Assessment Group.
All pro-tective actions to be issued by the governor are based upon measurements and projected dose assessment that are provided by the utility to and authenticated by the radiological health physicist in the State EOC I
Assessment Group. Protective actions can only be issued by the governor and once issued, local residents are compelled to comply under law.
Because these protective actions must be premised on existing measurements and projected dose assessments that are based upon anticipated emissions of radiological material, exposing any additional county personnel to potential emissions of radiological materials by assigning them to a radiological monitoring response team is not warranted.
Survey meters issued to the county for emergency preparedness were designed for a nuclear attack environment which enticipates high levels of radiological materials emitting gamma radiation.
Low level survey meters in the county's equipment inventory were. designed for training purposes and are capable of detecting radioactive materials emitting I
gamma and beta radiation. However, this equipment cannot detect or measure alpha radiation.
Detection of gamma and beta radiation will not provide adequate information for which actions necessitate the
.r.c.---e -
Peg 3 Six
. April 8,1983 utilization of more sophisticated equipment, to measure all radiation levels and the capability to project de a exposures based upon projected radioactive emissions by the utility.
The Monroe County EOC is not able to authenticate projected dose assess-ments provided by the utility for the release of radioactive emissions nor are they able to measure the radioactive environment.
Information must, therefore, be transmitted from the utility to the State EOC to determine what protective action guidance shall be considered.
Once this evaluation is complete, the information will be-transmitted to the County 10C.
Even if the county were to possess the necessary instrumentation and expertise, it is still the responsibility of the State Health Department.
In addition, the county could best use the extra manpower resources in accomplishing those tasks assigned to them that they are best suited accomplishing (i.e., warning, evacuating, sheltering, security and monitoring evacuees and vehicles at reception /decontanination centers 1,f necessary).
BP l-8 VI.
D.
Evacuation - Proposed 1.
Of fsite monitoring and sampling will be necessary to determine any changes in the plume. Plant personnel will assume this responsibility in Monroe County until the Michigan Department of Public Health monitoring teams arrive.
The Monroe County Radiological Defense Officer will assign a liaison to the Plant monitoring teams and the Michigan Department of Public Health monitoring teams to assure County E.O.C. personnel adequate and timely information for necessary decision making purposes.
The Radiological Defense Appendix describes monitoring capabilities.
Initially, the Plant and County RADEF liaison and later the Michigan Department of Public Health and County RADEF liaison will provide the radiological mohitoring for the County.
RESPONSE
Weather information County personnel will not be needed to track the plume.
will be updated with each report from the utility and the Michigan Department of Public Health, Radiological Health Services will have monitors measuring the levels of radiation in the affected area.
Any changes in an area to be evacuated requires the issuance of a protective action by the governor as indicated in BP l-7 IV. B.
Exposing additional personnel to radioactive material that may be present in the affected area is not warranted. The state retains that liability of any directives issued by the governor to increase the size of the area to be evacuated.
<. m... puu s. aus.wu Pcg3 Sev:n 1
. April 8, 1983 BP l-8 VI.
D.
Evacuation - Proposed 2.
The Michigan Department of'Public Health will be responsible for radiological monitoring at the decontamination centers and congregate care facilities with assistance as may be necessary, from county radiological defense personnel.
RESPONSE
County radiological monitors may assist in determining if evacuees or their vehicles and belongings have been contaminated as they leave the affected area.
If low level emergency preparedness survey meters detect gamma or beta radiation, the Michigan Department of Public Health, Radiological Health Services need to be contacted immediately to measure the radiation levels that residents have been exposed to.
BP l-9 VI.
F.
Emergency Worker Exposure Control - Proposed 1.
The Monroe County Radiological Defense Office is responsible for maintaining a record of exposure for all county and local municipality officials and volunteers involved in the emergency response and an estimated record of exposure for the populace.
RESPONSE
Adequate.
BP l-10 VI.
H.
Food or Water Contamination - Proposed 1.
Upon notification of an incident that may cause food product and/or water contamination, the Civil Preparedness Director / Coordinator will follow the recommendations of state officials in alerting users of the affected food ~and/or water.
Appropriate protective measures will be taken including intensive sampling by the Michigan Department of Public Health and the County RADEF personnel to determine what further actions may be needed.
RESPONSE
County RADEF personnel do not possess the equipment to properly sample and analyze for radioactive material.
Because the state is liable for any ramifications resulting from the protective measure that are to be issued, the Michigan Department of Public Health shall sample and determine the extent of food and water contamination in the affected area. This procedure will alco limit the exposure to radiation to fewer personnel.
The County EOC and JPIC will be advised of the protective measures that should be taken to deal with food and water contamination.
BP l-10 VI.
I.
Reentrv and Recovery - Proposed 3.
Local government is responsible for reentry and recovery.
Tasks required during this period include:
,u.
e-- w --
Prgo Eight April 8, 1983 (A)
Scheduling, controlling and coordinating reentry based on recommendations of the Michigan State Police / Emergency Management Division.
(B) Preparing a summary report of the emergency with recommendations for further actions and information to the local " Emergency Operations Plan."
4.
State and/or federal government is responsible for the recovery of a reentry into areas evacuated and/or contaminated due to an offsite release.
They will receive advice and assistance from the Michigan Department of Public Health and coordinate the recovery and rentry through the Chairman of the Monroe County Board of Commissioners and the County EOC. Tasks required during this period include:
A.
Decontamination of people, property and food.
B.
Continued security of evacuated areas to prevent unautliorized entry and vandalism.
C.
Health and medical services for evacuees.
D.
Mass care and welfare.
E.
Monitoring of people and property.
F.
Transportation.
G.
Radioactive waste disposal.
H.
Engineering support.
I.
Long-term. monitoring.
RESPONSE
f Reentry and recovery will occur when the governor determines that the accident has terminated or de-escalated to the point that it is safe to do so.
The counties' obligations at this point are again found in Act 390.
SECTION 10 COUNTIES AND MUNICIPALITIES; POWERS AND DUTIES Sec.10 (1) e.
If a state of disaster is declared by the governor, to assign and make available for duty, the employees, property, or equipment of the county or municipality relating to fire fighting; engineering, rescue; health, medical, and related services; police; l
transportation; construction; and similar items or service for disaster relief purposes within or without the physical limits of the county or municipality as ordered by the governor or the director.
The county will be assigned tasks by the state at that time based on on their ability to carry them out in an acceptable manner.
i
, Ur. Arain 1. sissi.Jvsr ~ ~
~'
Pcgs Nin2 April 8, 1983 Tasks required at the time will be determined by the governor of the state if under a state of disaster or by the president if under a presidential declaration, and would be bas' d on what was necessary a
to return the area to a normal condition - as close as possible to that existing prior to the accident.
BP l-12 VI.
L.
Exercise of Plan - Proposed 1.
Monroe County may at the direction of the Chairman and/or the Monroe County Board of Commissioners participate in a major joint federal, state, county, and plant operator exercise prior to the adoption of the " Nuclear Facility Procedures" portion of the Monroe County Emergency Operations Plan, and thereafter as required. A major exercise will be held prior to operational licensing of the Enrico Fermi Atomic Power Plant Unit 2.
i
RESPONSE
Wording is not consistent with requirements set forth in NUREG-0654, FEMA Rep. 1, Rev. 1, standard N. a. and b., 44 CFR 350 Section 350.9 and 10 CFR 50, Appendix E, IV. F.
Again, as I offered at the meeting on March 1,1983 at the Federal Center in Battle Creek, we would be more than happy to assign a planner from this office to assist you with possible cha'nges in your plan.
The advantage of this method is that they are familiar with state and l
federal laws, regulations, policies and plans relating to their work and would save a great deal of time and effort in writing and re-writing proposed changes and correspondence back and forth.
Sincerely, 4. q&
7 /
m J
s M. Tyler, eutenant re-DisasterSeNicesSection Emargency Management Division JMT:cmh Enclosure
. cc:
Governor James Blanchard Honorable John Dingell Honorable Carl Levin Honorable Donald Riegle, Jr.
John Anderson, Region V, FEMA Director Rick Anthony, FEMA - Battle Creek Dan Bement, FEMA - Battle Creek Col. Gerald Hough, MSP/EMD Director Capt. Peter R. Basolo, MSP/EMD Deputy Director
. - - -

ML20023C007

Contents

Text

Dear Sirs:

SUBJECT:

Dear Ch' airman Westover:

Dear Lt. Tyler:

Dear Mr. Westover:

RESPONSE

RESPONSE

RESPONSE

RESPONSE

RESPONSE

RESPONSE

RESPONSE

RESPONSE

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ML20023C007

Text

Dear Sirs:

SUBJECT:

Dear Ch' airman Westover:

Dear Lt. Tyler:

Dear Mr. Westover:

RESPONSE

RESPONSE

RESPONSE

RESPONSE

RESPONSE

RESPONSE

RESPONSE

RESPONSE

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