ML20031C827
| ML20031C827 | |
| Person / Time | |
|---|---|
| Site: | Millstone |
| Issue date: | 08/05/1981 |
| From: | Gaines A AFFILIATION NOT ASSIGNED |
| To: | Grimes B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| Shared Package | |
| ML18058B973 | List: |
| References | |
| FOIA-92-436 2.206, NUDOCS 8110090012 | |
| Download: ML20031C827 (3) | |
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Box 91A RD 1 Hampton,. CT 06247 August 5, 1981 Mr. Brian Grimes Director of Inspection and Enforcement-Nuclear Regulatory Commission 1717 H St., NT
- 1shington, DC 10555
Dear Mr. Grimes,
The following is a request for action-concerning Northeast Utilities and Millstone Nuclear Facility.
pursuan t to 10 CFR section 2.206 and 10 section 2.202, Andrea Gaines hereoy requests that the Nuclear Regulatory Commission (NRC) issue an order to show cause why the operating license
. for Millstone Nuclear Facility, held by Northeast Utilities, should not be suspended or revoked unless and until such time as the licen e has installed and tested an adequate alert notification system.
July 1, In81 marked the compliance deadline f or licensees. of comrercial nuclear power facilities to meet the requirements of 10 CFR parts 50, Appendix E, D, 3, which states in relevant part:
By July 1, 1981 the nuclear power reactor licensee shall demonstrate that administrative and physical means have been established for alerting and providing prompt instructions to the public within the plume exposure pathway emerger:y planning none.
The design objective shall be to have the capability to essentially complete the initial notification of the public within 15 minutes.
(45 FR 55402, 55412, August 19, 1980).
'fortheast Utilities has f ailed to meet this requirement for its licensed reactor, Millstone Nuclear Facility.
As the accident at Three Mile Island demonstrated so clearly, the only means of protecting oneself and one's family, in the event of a nuclear accident, is to evacuate the area.
The NRC,.
in recognition of the danger to public health in a radiological energency, has created specific regulations with respect to energency preparedness.
The NRC stated in the Federal Register that if the overall-state of emergency preparedness in and around a licensed nuclear facility is inadequate, the NRC mav issue an-order to the licensee to show cause, pursuant to 10 CFR section 2.202, why that reactor should not be ' shut down.
(45 FR 55402, 55408).
M "O # p
( $i i ) 0 0 0 0 l c h
t Andrea Gaines believes the. present' state : of unpreparedness at '!111 stone Nucienr Facilitv-varra.nts the : 1ssuance of ~a show j
cause-order.
Northeast Utilities, in gross-disregard:for'the safety and. welfare of the 50,000. residents of > the emergency planning zone'(Ip7) of Millstone Nuclear. Facility, and in j
appa. rent ' disresnect for the standards and timetables estab-lished hv the NRC,'has failed to develop the alert notification.
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system required by NRC regulations.
i As one of many concerned citizens of Connecticut,-I respect-
'I fully request, pursuant to 10 CFR section 2.206, that the; Director.of Inspection and Inforcement institute a-show: cause j~
proceeding, as set forth in 10 CFR section 2.202, to determine j
whether the operating license for Millstone Nuclear Facility i
should be suspended or revoked f or f ailure. to comply with NRC requirements for a.n alert notification system.
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Sincerely,
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Office of-Inspection and Enforcetent Victor Stello, Director In the Matter of
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Docket Nos 50-245-
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and 5 NORTHEAST NUCLEAR ENERGY COMPANY
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(Millstone Nuclear Power Station,
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Unics 1 and 2)
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DIRECTOR'S DECISION UNDER 10 CFR 2.206 i
By letter dated August 5,1981, Andrea Gaines requested pursuant to 10 CFR 2.206 that the Director of the Office of Inspection and Enforcement institute a shew cause proceeding against the Northeast Utilities to determine whether the operating license for Millstone Nuclear Facility should be suspended or revoked for failure to comply with NRC requirements for-an a'.ert notification system.
The basis for:Ms3-Gaines', request is-herrassertion that the Mil.1 stone y
a m.
facility has failed to meet the requirement set forth in 10 CFR Part 50, Appendix E, IV.D.3. which states in relevant part:
By July 1,1981, the nuclear power reactor licensee shall demonstrate that administrative and physical means have -
been established for alerting and providing the prompt instructions to the public within the plume exposure pathway emergency planning zone. The design objective shall be to have the capability to essentially complete the initial notification of the public within 15 minutes.
The Staff has evaluated Ms. Gaines' request.
For the reasons set forth below, I have determined that no show cause proceeding should be instituted.
N c-
i While this licensee's compliance with the prompt notification requirement has been delayed (as is the case with most other similarily affected licensees),1/
the NRC considers that emergency plans and preparedness have significantly improved within the last year at and around Millstone and every nuclear power plant site.
This significant improvement has been confirmed by NRC teams who have visited a representative number of plant sites to evaluate the licensees' compliance with the upgraded emergency planning regulations of August 1980.
In addition, the Federal Emergency Management Agency (FEMA) and the NRC have monitored numerous nuclear emergency exercises involving State and local governments and the licensees, and again have witnessed a significant general improvement in onsite and offsite emergency preparedness, The situation at Millstone is net unique with respect to the implementaticn of emergency planning.
In response to the NRC's request for infomation cated July 1,1981, the licensee described the existing notification capabilities in effect for the -
Millstone station. The licensee has a radio pager operable to notify licensee,' -
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5: ate, and local officials upon identification of a radiological emergency.
Fixec and mobile equipment is available to alert the public within the plume exposure Emergency Planning Zone.
These capabilities have been identified as part of.
efforts to revise the State of Connecticut's Radiological Emergency Response i
Pl a n.
Local and State officials can also activate the Emergency Broadcasting System to notify affected members of the public.
i U
e Cornission has published a notice of proposed rulemaking to amend 10 CFR Th Part 50, Appendix E, IV.D.3, to extend the date to February 1,1982, by which prompt notification systems must be operational around all nuclear power plants.
46 FR 46587 (September 21,1981).
The connent period on the proposed amendment expires October 21, 1981.
F o-
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Based on the above information and on a recognition that there exist customary warning systems (police, radio, telephone), which are viewed as sufficiently effective in many postulated accident scenarios, the Comission is proposing to defer the implementation date of the prompt public notification capability requirement from July 1,1981, to February 1,1982.
In view of the above, I find that there exists sufficient reason to believe that appropriate protective measures can and will be taken for the protection of the health and safety of the public near the Millstone facilities in the event of a radiological emergency during the proposed extenced time period for full compliance with i
Appendix E.
The Millstone site does not pose unique circumstances that would warrant Comission action apart from consideration of the generic rule change.
i A copy of this decision will be filed with the Secretary for the Comission's review in accordance with 10 CFR 2.206(c) of the Comission's regulations.
As proviced in 10 CFR 2.206(c), this decision will constitute the final action of the Comission twnety-five (25) days after the date of issuance, unless the Comission on its own motion institutes the review of nis decision within t'.at time.
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tor Stello, Jg, Director
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Office of Insppj(ion and Enforcement Dated at Bethesda, Maryland, this 29th day of Septemberig81.
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