ML20028C712
| ML20028C712 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 01/12/1983 |
| From: | Woodhead C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Anthony R Federal Emergency Management Agency |
| References | |
| NUDOCS 8301140029 | |
| Download: ML20028C712 (1) | |
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o January 12, 1983 Rick J. Anthony FEMA Region V Federal Center Battle Creek, MI 49016 In the Matter of DETROIT EDISON COMPANY (Enrico Fermi Atomic Power Plant Unit 2)
Docket No. 50-341
Dear Rick:
In response to your telephone call today, I am forwarding to you a copy of a petition to intervene filed by the Monroe County, Michigan Board of Commissioners alleging several defects in the County's Emergency Response Plan. The Atomic Safety and Licensing Board denied the County's petition by decision of October 29, 1982 and the Atomic Safety and Licensing Appeal Board on December 21, 1982 affirmed the Licensing Board's denial of the petition. However, the Appeal Board decision did request the NRC Staff to confer with FEMA and to investigate the County's concerns.
Sincerely, Colleen P. Woodhead Counsel for NRC Staff l
Enclosure:
Monroe County Commissioners' Petition for Leave to Intervene and to Reopen and Supplement Record, August 27, 1982 cc: Spence Perry, Esq.
Office of General Counsel FEMA Washington, DC 20472 n (k h
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August 27. 1982 M
hooc)keah ad Chief, Docketin Service Section U.S. Nuclear Regulatory Commissions Washington, D.C. 20555 1
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RE: THE DEfROIT EDIS0N COMPANY ET AL DOCKET NO. 50-341
Dear Sir:
Enclosed please find the County of Monroe's Petition for Leave to Intervene and to Reopen and to supplement the record in the above,
entitled matter.
Copies of said Petition have likewise been forwarded to the below listed personnel:
Gary Milhollin Dr. Peter Morris
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Dr. David Schink Harry Voight Esq.
Peter A. Marquardt Esq.
Colleen Woodhead Esq.
Kindly advise as to when this matter will be considered.
Very tr
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cu PAUL E. BRAUNLICH Legal Advisor PEB:dmb Enclosure A Z/6Q4,/4/G>
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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THE DETROIT EDISON COMPANY., et al.
Docket No. 50-341 (Enrico Fermi Atomic Power Plant, Unit 2)
MONROE COUNTY COMMISSIONERS' PETITION FOR LEAVE TO INTERVENE AND TO REOPEN AND SUPPLEMENT RECORD Now comes the County of Monroe, Michigan, (hereinafter, the " County"),
and petition the Nuclear Regulatory Commission (hereinafter, the " Commission")
and the Atomic Safety and Licensing Board (hereinafter, "ASLE") for leave to intervene and raise contentions in the above-captioned matter pursuant to 10 CFR Sections 2.718 (j), 21743 (a), and 21756., states as follows:
INTEREST OF THE COUNTY I
l.
Each of the individual County Commissioners resides in Monroe County within the geographical zone potentially affected by an accidental release of radiation from Fermi 2, and would suffer damage to his or her health, economic and property interest from any such accidental release of radiation.
2.
The County Commissioners tre the duly elected governing body of the County of Monroe, Michigan (hereinafter, the " County") and are authorized to act on behalf of the County pursuant to MCLA Section 46.11, 3.
The proposed Fermi 2 plant, for which an operating license is sought in this proceeding, is located in the township of Frenchtown in the County.
4.
The County of. Monroe is authorized to prepare an offsite emergency plan to protect the public in the event of a radiological emergency at the nm,La i s 1
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proposed Fermi 2 plant, pursuant to MCLA Section 30.410, and is obligated to prepare such a plan to maintain the County's eligibility for state reimburse-
' ment for disaster-related expenses, pursuant to MCLA Section 30.419.
5.
The County of Monroe's ' ability to carry out their statutory respon-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 issues identified in the County's Contentions listed below, each of which issues is beyond the power of the County Commissioner-s 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.
7.
The County of Monroe has a right under 10 CFR ' ections 714 (d) and S
2.715 to be made a party to this proceeding.
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BASIS FOR LATE FILING 8.
The County of Monroe has good cause for the untimely filing of their Petition for Leave to Intervene, in that:
(a) The County has been actively engaged in efforts to devise a County-wide offsite radiological emergency plan; (b) The County has endeavored to work closely with the Federal Emergency Management Agency (FEMA) pursuant to 45 Fed. Reg. 42341 (June 24,1980) (' pro-posed 44 CFR Part 350) in the formulation of said emergency plan; l _ _
(c) County residents have sought to provide information to FEMA to assist in.the development of the County's emergency plan by testifying at and' June 16, 1982; formal public hearing on February 3,1982; April 28,1982; (d) As a result of the developments described in Paragraphs 8(a) through
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8(c) above, the County Co5nissioners have only recently become aware that sig -
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 is made on an operating license for Fermi 2; and (c) The County of Monroe's obligation to pursue the resolution of -
these defects requires this untimely filing of their Petition for Leave to Intervene.-
9.
No means other than intervention in this proceeding can guarantee that a Fermi 2 operating license will be issued only if an adequate offsite g
I emergency plan is in place.
- 10. The County of Monroe's participation will materially assist the o
ASLB in developing a sound record, since the ASLB record to date contains little evidence and argument on the major critical issues related to offsite emergency planning.
- 11. No existing party to this proceeding has pursued the full range of offsite emergency planning issues, and no existing party has the legal or actual capacity to protect the County of Monroe's interest in this proceeding.
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- 12. The minor delays that may be incidental to granting the County of Monroe's Petition for Leave to Intervene will not prejudice any party, since:
(a) on information and belief, the Applicant does not propose to begin l
full power operation of Fermi 2 until November,1983; and (b) through the testimony of Jon R. Eckert of the County's Office of 1.
Civil Preparedness (Tr. 221-23, March 31,1982), the County reserved the right to present further testimony to the ASLB on the subject of offsite I
emergency planning.
, CONTENTIONS OF COUNTY
- 13. Bus Availability. To transport persons without automobiles out of the Emergency 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 too long to provide any assurance of safe ' evacuation. The available bus capacity within the EPZ of 9685 is even more clearly inadequate when it is recognized
' that many families deemed to have available autos will actually lack such transportation.
This is because a spouse or other family. member will have the family car at work, at school, or at some other location, a substantial distance from the family members who are relying on that car for transportation out of Q
the EPZ.
In addition, it would be unrealistic to consider the' private vehicles
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of volunteer firefighters as available for the transportation of the institu-tionalized or handicapped, because these vehicles may well be inappropriate for transporting people with special physical needs.
- 14. Dependence on volunteer firefighters.
The only perso'nnel available to carry out a broad range of decontamination and evacuation responsibilities are local firefighters. All but one of the local fire departments in the County are all-volunteer units, linked by a Countywide mutual aid pact.
In the event of a radiological emergency, these units are extremely unlikely to be willing or able to handle their substantial responsibilities for evacuating the institu-tionalized; notifying and evacuating the handicapped and hearing-impaired; decontaminating vehicles; and assisting in reentry and recovery functions.
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These firefighters are particularly unlikely to carry out these high-priority activities effectively in light of state law provisions precluding
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them from property damage or personal injury recovery for themselves and their.
property used in emergency response activities, and only partially shielding them from personal liability for personal injuries and property damage to
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o'thers in their disaster relief effort's.
- 15. County responsibilities for recovery and reentry.
The County does 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 and welfare for evacuees; and dispos [ing of radioactive waste. No other entity has stepped forward to assume these responsibilities and they are simply beyond the fiscal ability of County government, especially taking into cohsideration, the effects once the Governor of the State would cancel the state of emergency
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y under the Act 390, PA 1976.
A.
16.
Geography of beach areas. The geography and topography of the beach /
areas within or adjacent to Frenchtown Township create overwhelming obstacles to a successf01 evacuation in the event of a radiological emergency.
These obstacles 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.
I 17.
Inadequate personnel training and coordination. The large number of 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
out emergency responsibilities. Moreover, a high degree of coordination 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, expertise or sophistication for the intensive training and interagency co-ordination required for a successful emergency response.
18.
Decontamination / reception centers.
The only non-volunteer personnel available to staff the five decontamination / reception centers are the 100 County Department of Social Services (DSS) employees. This is a grossly inadequate number of employees to perform the large humber of tasks required to administer these centers. Moreover, a subst.antial number of these employees reside outside t'he Cou'nty. Thus, it may take a substantial time for them to reach the decontamination / reception centers especially because of the necessity of passing through numerous checkpoints.
In addition, a large number of them may well elect not to drive from outside the County into a
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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 would be exposed. The existing evacuation routes, however, are inadequate in size and number to allow effective monitoring for contamination of vehicles as they exit the EPZ without creating massive and dangerous traffic tic-ups.
i 20.
Potassium iodide distribution.
Supplies of potassium iodide are to l
be warehoused at a central location under the control of the Michigan Depart-ment of Public Health (DPH),.
Under the DPH's scheme, potassium iodide would be distributed only after a radiological emergency was underway. Such a distribution is unlikely to be timely or effective, thus seriously imperiling the health of EPZ residents and emergency workers.
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- 21. Emergency detection. The mechanisms in place are inadequata to detect unusual releases of radiation into the ambient water and air. The Applicant's detection system is backed up only by that of the state DPH, -
I' which is monitored too infrequantly to provide adequate warning of serious problems. No provision' is made for any ambient water or air testing or a needed backup alann 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 residirig within the threatened areas. Many of these families are without means of transportation 1
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.
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23.
Vehicle decontamination. The only method of vehicle decontamination available to ill-equipped volunteer fire departments that are responsible for l
such decontamination is water-hosing vehicles.
This method is ir. adequate to successfully decontaminate vehicles and would create serious a'dditional con-tamination problems for the farmland or other land used to receive the runoff water.
- 24. Mobilization time.
No provision is available for the necessary speedy response to an imediate threat of radiological emergency. This nec-essary immediate response is not possible in a county such as the County of Monroe, in light of the need to mobilize a number of comand officials to an Emergency Operations Center before emerger.cy response can even begin, and the further need to coordinate the large numbers of volunteer and empidyee per-sonnel to put the emergency plan into effect. - - - - -. - - -.
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. '. ' '...s CONCLUSION Wherefore, the County of Monroe respectfully request that the ASLB:
1 A.
Grant their Petition for Leave to Intervene pursuant to 10 CFR Seciont 2.714 and 2.715; B.
Admit each of thei.e Contentions listed above; C.
Reopen the record in this proceeding to take evidence on issues related to offsite emergency planning pursuant to 10 CFR Secions 2.718 (j),
2.721 (d), and 2.743 (a); and D.
Supplement the record in this proceeding by incorporating by reference the official transcript of the public hearing held on the suoject of offsite emergency planning in the City of Monroe in the Co,unty on February 3,1982, and June 16, 1982, pursuant to 10 CFR Sections 2.715(a), 2.718, 2.721 (d), and 2.756.
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ARDEN T. WEST 0VER Chairman of the Monroe County Board of Commissioners' On this 27th day of August,1982, before me personally appeared Arden T.
Westover, and made 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 mattecs therein stated to be on his information and belief, and as to those matters, he believes them to be true.
Dated: August 27. 1982 k,[
PAUL E. BRAUNL10H, Notary Public Monroe County, Michigan PAUL E. BRAUNLICH My Commission Expires: 3-14-83 Legal Advisor to the l
, Monroe County Board of Comissioners
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