ML20027A858
| ML20027A858 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 09/13/1982 |
| From: | Riegle D SENATE |
| To: | Kammerer C NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| Shared Package | |
| ML20027A859 | List: |
| References | |
| NUDOCS 8208010056 | |
| Download: ML20027A858 (1) | |
Text
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3Cnifeb States Senate W ASHINGTON, D.C.
20St0 September 13, 1982 Mr. Carlton Kammerer, Director Office of Congressional Affairs Nuclear Regulatory Commission 1717 H.
Street, N.W.
Washington, D.C.
20505
Dear Mr. Kammerer:
Please find enclosed a copy of a request made by the Board of Commissioners of Monroe County, Michigan, to appear before the Atomic Safety and Licensing Board of the Nuclear Regulatory Commission, and to submit information regarding the County's offsite emergency plan to protect the public in the event of a radiological emergency at the Enrico Fermi Atomic Power Plant, Unit 2.
As you know, it is the County's responsibility to prepare a plan which will be implemented in the event of an emergency to safeguard the health, safety and welfare of County residents, including evacuation and decontamination.
Therefore, I urge the NRC to provide a thorough and expeditious review of the request made by Monroe County and make every effort to grant it the opportunity to appear before the ASLB.
Thank you for your time and assistance in this matter.
Sincerely, ll l.
I s
Donald W. Rie e,
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DWR/mps Enclosure 1850 McNamara Federal Building Detroit, MI 48226 (313) 226-3188 8208010056
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NO EGARD OF COMMHSSHONERS A.
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PA UL E. BR A UNLICH = L egal A dvisor Q)
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Tekpbone: (313) 242-6363 xs 1817 August 27, 1982 Cr.ief, 33:<e in Service Section U.S. !bcisar Regulatory Co;rcaissions
'n'ashin :on, D.C. 20555 RE:
T.iE DETROIT EDISON COMPANY ET AL DOCKET NO. 50-341 Cear Sir:
Er. closed please find the County of Monroe's Petition for Leave to
- n erve.e ar.d to Reopen and to supplement the record in the above-entitied ratter. Copies of said Petition have likewise been forwarded to tr.e beloa listed personnel:
Gary Milho~.iin Dr. Peter Morris 1
Dr. David Schink Harry 'loight Esq.
Pe:er A. F.arquardt Esq.
Co'.ieer. *n'codhead Esq.
Kir.dly acvise as to when this matter will be considered.
Very tr 1 D ours,
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~ % /,.f.Elcu PAUL E. BRAUNLICH Legal Advisor Mi u
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UNITED STATES OF AMERICA flVCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING In the Matter of Docket No. 50-341
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THE DETROIT EDIS0tl COMPANY, et al.
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(Enrico Fermi Atomic Power Plant, Unit 2)
MONR0E COUNTY COMMISSIONERS',
PETITION FOR LEAVE TO INTERVENE AND TO RE0 PEN AND SUPPLEMENT RECORD (hereinafter,the" County"),
I;ow comes the County of Monroe, Michigan, (hereinaf ter, th i
and petition the Nuclear Regulatory Commiss on f ter, "ASLE") for leave to i
and the Atomic Safety and Licensing Board (here na d matter pursuant to 10 intervene and raise contentions in the above-captione as follows:
CFR Sections 2.718 (j), 21743 (a), and 21756., states
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INTEREST OF THE COUNTY in Monroe County Each of the individual County Commissioners resides by an accidental release of 1.
within the geographical zone potentially affectedto his or h radiation from Fermi 2, and would suffer damage l release of radiation.
and property interest from any such accidenta i
body of the The County Commissioners are the duly elected govern n
") and are authorized to 2.
County of Monroe, Michigan (hereinafter, the " County A Section 46.11.
act on behalf of the County pursuant to MCL license is The proposed Fermi 2 plant, for which an operating township of Frenchtown in the 3
sought in this proceeding, is located in the ffsite emergency Ccunty.
The County of Monroe is authorized to prepare an o diological emergency at the 4.
plan to protect the public in the event of a ra t
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F oposed Fermi 2 plant, pursuant to MCLA Section 30.410, and.is obligated to Mjh prepare such a plan to maintain the County's eligibility for state reimburse-
- t y ment for disaster-related expenses, pursuant to MCLA Section 30.419.
sf 5.
The County of Monroe's ability to carry out their statutory respon-gs sibility to prepare an adequate emergency plan would be seriously impaired by the grant of an operating license to the proposed Fermi 2 plant in the absence of an appropriate resolution of each of the i.ssues identified in the County's Contentions listed below, each of which issues is beyond the power of the County Comissioners to resolve.
6.
The County of Monroe's ability to carry out their statutory re-sponsibility to safeguard the health, safety and welfare of County residents, to maintain the fiscal integrity of the County, and to insure the provision of essential County services would be seriously impaired by the grant of an operating license to the proposed Fermi 2 plant in the absence of an appro-priate resolution of each of the issues identified in the County's Contentions listed below.
County of Monroe has a right under 10 CFR Sections 714 (d) and 7.
The 2.715 to be made a party to this proceeding.
BASIS FOR LATE FILING The County of Monroe has good cause for the untimely filing of their 8.
Petition for Leave to Intervene, in that:
(a) The County has been actively engaged in efforts to devise a County-i wide offsite radiological emergency plan; (b) The County has endeavored to work closely with the Federal Emergency Panagement Agency (FEMA) pursuant to 45 Fed. Reg. 42341 (June 24,1980) (pro-posed 44 CFR Part 350) in the formulation of said emergency plan; ;
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(c) County residents have sought to provide information to FEMA to assist in the development of the Courty's emergency plan by testifying at I('
' 2: April 28, 1982; and June 16, 1982; formal public hearing on February 3,
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(d) As a result of the developments eascribed i'n Paragraphs 8(a) throu F
8(c) above, the County Commissioners have only recently become aware nificant defects in emergency planning, as stated more fully in the County Commissioners' Contentions listed below, are not remediable by the County Commissioners themselves and urgently need addressing before any decision made on an operating license for Fermi 2; and (e) The County of Monroe's obligation to pursue the resolution of these defects requires this untimely filing of their Petition for Leave to Intervene.
tio means other than intervention in this proceeding can guarantee 9.
that a Fermi 2 operating license will be issued only if an adequate offsite emergency plan is in place.
County of Monroe's participation will materially assist the
- 10. The ASLB in developing a sound record, since the ASLB record to date contain little evidence and argument on the major critical issues related to offsite l
emergency planning.
tio existing party to this proceeding has pursued the full range of 11.
offsite emergency planning issues, and no existing party has the legal or actual capacity to protect the County of Monroe's interest in this proceed The minor delays that may be incidental to granting the County of 12.
Monroe's Petition for Leave to Intervene will not prejudice any party, si (a) on information and belief, the Applicant does not propose to be full power operation of Fermi 2 until flovember,1983; and (b) through the testimony of Jon R. Eckert of the County's Office of l
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'QQ M' the County reserved the f
F ivil Preparedness (Tr. 221-23, March 31,1982),
h right to present further testimony to the' ASLB on the subject of offsite l
emergency planning.
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CONTENTIONS OF COUNTY _
To transport persons without automobiles out l
13.
Bus Availability.
of the Energency Planning Zone (EPZ), bus: and other capacity is inadequate.
To transport school children and others without cars out of the City of Monroe is estimated to take three runs over a six-hour period, which is far The available bus capacity too long to provide any assurance of safe evacuation.
within the EPZ of 9585 is even more clearly inadequate when it is recognized that cany families deemed to have available autos will actually lack such This is because a spouse or other family member will have the transportation.
f amily car at work, at school, or at some other location, a substantial dista from the family members who are relying on that car for transportation out o In addition, 'it would be unreal'istic to consider the-private vehicles I*
the EPZ.
of volunteer firefighters as available for the transportation of the institu-tionalized or handicapped, because these vehicles may well be inappropria transporting people with special physical needs.
The only personnel available to
- 14. Dependence on volunteer firefighters.
carry out a broad range of decontamination and evacuation responsibilitie All but one of the local fire departments in the County are local firefighters.
In the event of a all-volunteer units, linked by a Countywide mutual aid pact.
radiological emergency, these units are extremely unlikely to be willing or able to handle their substantial responsibilities for evacuating the institu-tior.alized; r.otifying and evacuating the handicappe'd and hearing-impair decontaminating vehicles; and assisting in reentry and recovery functions.
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These firefighters are particularly unlikely to carry out these high-U priority activities effectively in light of state law provisions precluding rr
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them from property damage or p'ersonal injury recovery for themselves and their j
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property used in emergency response activities, and only partially shielding therr from personal liability for personal injuries and property damage to others in their disaster relief efforts.
The County does
- 15. County responsibilities for recovery and reentry.
not have the expertise, equipment, sophisticiation or funds to carry out its responsibilities for the recovery and reentry period of decontaminating people, property and food; providing health and medical services; providing mass care No other entity and welfare for evacuees; and dispossing of radioactive waste.
has stepped forward to assume these responsibilities and they are simply beyond the fiscal ability of County government, especially taking into consideration, the effects once the Governor of the State would cancel the state of emergency I
under the Act 390, PA 1976.
Tlie geography and t, pography of the beach o
- 16. Geography of beach areas _.
areas within or adjacent to Frenchtown Township create overwhelming obstacles to These obstacles a successful evacuation in the event of a radiological emergency.
include the inadequacy of existing roads; the frequent impassability of roads in winter due to ice and snow; the susceptibility of roads to serious flooding.
These circumstances are particularly problematic in light of the close proximity of the proposed plant and the adjoining beach areas to the Davis-Besse reactor in Ohio.
Inadequate personnel training and coordination. The large number of 17.
personnel, in addition to employees of the Applicant, that will be needed to carry out emergency response functions are not trained in radiological emergency response methods and.would require substantial training to become able to carry _
syy Moreover, a high degree of coordination gg,[ { ut ener5ency responsibilities.
among emergency response personnel and agencies is necessary. However,
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neither the Applicant nor any public body has made available the needed funds, d
y gag.gr expertise or sophistication for the intensive training and interagency co-ordination required for a successful emergency response.
7 The only non-volunteer personnel
- 18. De_ contamination / reception centers.
available to staff the five decontamination / reception centers are the 100 This is a grossly County Depart ent of Social Services (DSS) employees.
inadequate number of employees to perform the large ~ number of tasks re Moreover, a substantial number of these employees to administer these centers.
Thus, it may take a substantial time for them reside outside the County.
to reach the decontamination / reception centers especially because of the In addition, a large necessity of passing through numerous checkpoints.
number of them may well elect not to drive from outside the County into a dangerous radioactive area.
- 19. Vehicle _ decontamination.
No provision has been made for testing vehicles as they are evacuated from the 10-mile EPZ for contamination, which would vastly increase the risks to which County residents outside the EPZ The existing evacuation routes, however, are inadequate would be exposed.
in size and number to allow effective monitoring for contamination of vehicles as they exit the EPZ without creating massive and dangerous traffic tie-ups.
Potassium iodide distribution.
Supplies of potassium iodide are to 20.
be warehoused at a central location under the control of the Michigan Depart-Under the DPH's scheme, potassium iodide would ment of Public Heal th (DPH),.
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Such a be distribu:ed only after a radiological emergency was underway.
distribution is unlikely to be timely or effective, thus seriously imperiling health of EPZ residents and emergency workers.
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- 21. Emergency detection. The mechanisms in place are inadequate to h[j S 4 S,
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fy' detect unusual releases of radiation into the ambient water and air.
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Applicant's detection system is backed up only by that of the state DPH,
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which is monitored too infrequently to provide adequate warning of serious g
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I problems. No provision is made for any ambient water or air testing or a needed backup alarm system.
- 22. Conflicting priorities of emergency personnel _.
The mobilization of several thousand people would be necessary to carry out a successful evacuation of the EPZ.
Yet most of the law enforcement, fire, health, school, and hospital personnel involved would also have families residing within the threatened areas. Many of these families are without means of transportation other than cars controlled by emergency. personnel. It is unrealistic to expect many of these personnel to carry out their emergency responsibilities as a priority over assuring themselves of the safe evacuation of their family members.
- 23. Vehicle decontamination. The only method of vehicle decontamination available to ill-equipped volunteer 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 con-tamination problems for the farmland or other land used to receive the runoff i
water.
- 24. Mobilization time.
No provision is available for the necessary This nec-speedy response to an immediate threat of radiological emergency.
immediate response is not possible in a county such as the County of essary Monroe, in light of the need to mobilize a number of command officials to an Emergency Operations Center before emergency response can even begin, and the further need to coordinate the large numbers of volunteer and employee per-sonnel to put the emergency plan into effect. -
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CONCLUSION R
Wherefore, the County of lionroe respectfully request that the ASLB:
Grant their Petition for Leave to Intervene pursuant to 10 CFR A.
r Seciont 2.714 and 2.715; B.
Adait each of their Contentions listed above; Reopen the record in this proceeding to take evidence on issues C.
related to offsite emergency planning pursuant to 10 CFR Secions 2.718 (j),
2.721 (c), and 2.743 (a); and Supple sent the record in this proceeding by incorporating by reference D.
the official transcript of the public hearing held on the subject of offsite w.ergency planning in the City of lionroe in the Co.unty on February 3,1982, and Jur.e 16, 1982, pursuant to 10 CFR Sections 2.715(a), 2.718, 2.721 (d), and 2.756.
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~ARDEN T. WESTOVER Chairman of the lionroe County Board of Commissioners On this 27th day of August,1982, before me personally appeared Arden T.
Westover, and cade oath that he has read the foregoing Petition for Leave to Intervene and To Reopen and Supplement Record by him subscribed and that the matters contained therein are true of his own knowledge, except as to the matters therein stated to be on his information and belief, and as to those matters, he believes them to be true.
l Dated: August 27, 1982
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C PAUL E. BRA 1JNf_ICH,flotary Public Monroe County,141chigan 14y Conmission Expires:
3-14-83 p;;,L
, gq;gyL7gg Le;ai A nisor to the
!<onroe County Board of Connissioners W L
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