ML20038C193

Rockland Citizens for Safe Energy Suppl to Petition to Intervene,Consisting of Contentions.Affidavit of Svc Encl

ML20038C193
Person / Time
Site:	Indian Point
Issue date:	12/01/1981
From:	Kessler J ROCKLAND CITIZENS FOR SAFE ENERGY
To:	Atomic Safety and Licensing Board Panel
References
*EP-06, *EP-07, *EP-10, *EP-20, *EP-41, CONTENTION, NUDOCS 8112100245
Download: ML20038C193 (9)

Text

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. UNITED STATES OF AMERICA g dv NUCLEAR REGULATORY COMMISSION M

'Mv7773;TT3F 50-3 P2:31 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD (ftg In the matter of: ) .

CONSOLIDATED EDISON COMPANY OF NEW YORK (Indian Point Unit 2) ) Docket Nos 50-247

) 50-286 POWER AUTHORITY OF THE STATE OF NEW YORK )

(Indian Point Unit 3)

SUPPLEMENT TO PETITION: CONTENTIONS Petitioner, ROCKLAND CITIZENS FOR SAFE ENERGY, for its supplemental petitions and contentions, which contentions arise under issues that were set out in the Commission's

. orders of January 8,1981 and September 21, 1981, alleges as follows:

(1.) It is contended that in the event of delay in notification of county, state and Federal officials by li-censee of a site or general emergency situation at the In-dian Point nuclear facility, or in the event of rapid esca-lation to General Emergency Action Level with possibilities of prompt major release of radiation, the amount of time available for evacuation as a chosen protective action will be inadequate.

BASES:

(a.) At 10 CPR 50.47 (b)(10), it is required that "A range of protective actions have been developed for the plume exposure pathway EPZ for emergency workers and the public.

Guidelines for the choice of protective action during an

{DRADOCK 05000247 PDR

emergency consistent with Federal guidance are developed and in place..."

(b.) It is stated in NUREG-0654. I D 3:" Time Factors Associated with Releases: The range of times between _ the on-set of accident conditions and the start of a major release is of the order of one-half hour to several hours." In the event of a half-hour to several-hour time frame within which to operate, the evacuation time estimates ~as outlined in NUREG-0654, Appendix 4, Section J 8) and as set forth in Parsons Brinckerhoff Quade & Douglas, Inc.'s Evacuation Time Estimates for Areas Near the Site of Indian Point Power Plants, January 30, 1981, as well as revised time estimates provided in the Rockland County Radiological Emergency Res-conse Plan (hereinafter refered to as RCRERP), Rev. 1, would allow far less time than needed to evacuate the plume expos-ure pathway EPZ given, among other contingencies: (1.) the i large numbers of Rockland residents to be evacuated (2) ex-isting highway network in Rockland County in which major (and only) egress routes for large numbers of people are narrow and without shoulders, contain steep hills, sharp curves, narrow bridges, many traffic lights and other roads and drive-ways emptying into them (e.g. New Hempstead Road in New City and Route 9W in Stony Point): (3. ) lack of guaranteed avail-ability of adequately protected emergency personnel and equip-ment to move the population in the required time. For ex-ample, many drivers for school buses will be working at other

jobs, away from bus garages, and large numbers of children will be dependent upon them. The Evacuation Time Estimates provided in the RCRERP do not appear to take ruch items into account.

i (2.) It is contended that the use of evacuation as a _ _ _,

protective action, especially when working within a short i time-frame (as delineated in previous RCSE contention) is l

l dependent, in part, upon prompt and accurate notification by

( licensee. Such notification cannot be assured.

BASES:

(a.) Past experience involving Consolidated Edison and other utilities indicates that such prompt notification cannot be assured as outlined in NUREG-0654 (b.) Findings with reference to the October 1980 leak in Indian Point Unit 2 fan cooler detail lack of prompt noti-fication of authorities as well as other examples of misun-derstanding and poor judgment.

(c.) Findings with reference to the Three Mile Island accident of March 1979 detail Metropolitan Edison's failure l to notify authorities of difficulties.

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1 (3.) It is contended that in the event of a major radiological emergency involving Indian Point, provisions for prompt communication among principal response organiza-tions to emergency personnel and to the public, as required by 10 CFR 50.47 (b)(6) do not exist.

BASES:

(a.) Adequate Rockland County communications systtms such

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as telephone lines, radio frequencies and telecommunications centers, as detailed in NUREG-0654, criterion C 1 c, do not exist, according to Rockland County officials responsible for communications (cf. public and recorded statements by James Kralik, Chief of .the Rockland County Sheriff's Patrols the Sheriff has lead responsibility in Communications: RCRERP Rev. 1, III-8). In the event of public notification of a site or general emergency, normal capacities of communications gystems would be exceeded to the point where they could not function (cf. Rogovin Report, Volume II Part 3, page 1041, for description of breakdown of communications in area of Three Mile Island).

(b.) Public safety is dependent upon a functioning tele-phone network. Requests for public assistance for those residents unable to help themselves must come through simple phone calls to a centrsl number. Past experience (cf. Rogo-vin Report) dictates that the line cannot handle the volume l

of calls which would be anticipated.

(4.) It is contended that the use of sheltering as a protective action.as outlined in NUREG-0654 and as developed in the RCRERP Rev. 1, is inadequate in major releases of radi-ation.

BASIS:

The air turnover rate in the standard residence permits infiltration of airborne contaminants such as radionuclides.

Numerous recognized studies describe rates of infiltration.

(5.) It is contended that no information has been made _

available to ~% public regarding notification and initial actions in t a event of an emergency at Indian Point, such as is required in 10 CFR 50.47 (b)(7).

BASIS:

As residents of Rockland County, many of whom live within the 10-mile plume exposure pathway EPZ, none of the members of Rockland Citizens for Safe Energy has received any such notification to date.

These contentions are subscribed by Judith Kessler as the authorized representative of Rockland Citizens for Safe Energy, its Coordinator, with full authority. She has read the contentions and knows the contents: that to the best of her knowledge, information and belief, the statements made in it are true, and that it is not interposed for delay.

ROCKLAND CITIZENS FOR SAFE ENERGY by W Y" b -

Judlth Kessler, Coordinator 300 New Hempstead Road New City, N.Y. 10956 (914)638-0703

STATE OF NEW YORK ss.

COUNTY OF ROCKLAND Judith Kessler, being duly sworn, deposes and says:

deponent is the Coordinator of Rockland Citizens for Safe Energy in the within proceedings deponent has read the foregoing petition and knows the contents thereof and the same is true to deponent's own knowledge, except as to matters therein stated to be alleged upon information and belief, and as to those matters deponent believes it to be true. This verification is made by deponent because RCSE is an unincorporated association and deponent is an officer thereof. Deponent is duly authorized to subscribe the within. petition.

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Sworn to before me the first day of cember CM '

Alexander J.I Gr6 mack ALEXANDER 1. GaatsAc,-

Notary Public. !, tat. of New York Residing in L ard County Commiss on Es p . .. . ch 33,193g

AFFIDAVIT OF SERVICE

< State of New York

- ss.

County of Rockland Judith Kessler, being duly sworn, deposes and says:

I have served copies of the contentions of Rockland Citizens for Safe Energy by first class mail, postage paid, on December 1.1981, on the parties as set forth below.

[ /N 1 A

/dudithKessler Sworn to before me the first day of December.

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f .b AlexahiderJ.TGromack

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ALEXANDER J. GROMACK Nos.ry Public, f.:ar. of N.w York m ano a n..m.ed cou,,y co on op.r., m.n* wtes.

nuumn Louis J. Carter, Esq:, . Chairman Paul F. Colarulli Esq Administrative Judge JosephJ. Levin,3r 5sq' Atomic Safety and Licensing Board Pamela S. Horowitlsq U.S. Nuclear Regulatory Commission Charles Morcan, Jr. 'Esq.

Washington, D. C. 205os Morgan Associated, Chartered eet, N.W.

Dr. Oscar H. Paris -

Washington, D. C. 20036 Administrative Judge A.tomic Safety and Licensing Board Charles M.~Pratt, Esq' U 5. Nuclear Regulatory Comission Thomas R. Frey, Esq Washington, D. C. 20555 Power Authority of the State of New York

'Mr. Frederick J. Shon 10 Columbus Circle Administrative Judge

. New York, N.Y. 10019 Atomic Safety and Licensing Board

,ll.S. Nuclear Regulatory Commission Washington, D. C. 20555

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John Gilroy, Westchester Coordinator Honorable Ruth Messinger Indian Point Project Member of the Council of the New York Public Interest City of New York

. Research Group District #4 240 Central Avenue City Hall White Plains, New York 10606 New York, New York 10007 Jeffrey M. Blum, Esq. Honorable Miriam Friedlander New York University Law School Member of the. Council'of' the 423 Vanderbuilt Hall City of New York 40 Washington Square South District #2 New York, N.Y. 10012 City Hall New York, New York 10007 Charles J. Maikish, Esq.

Litigation Division Honorable Carol Greitzer The Pcrt Authority of Member of the Council of the New York and New Jersey City of New York One World Trade Center District #3 New York, N.Y. 10048 City Hall New York, New York 10007 Ezra I. Bialik, Esq.

Steve Leipsiz, Esq. -

Honorable Stanley E. Michels Environmental Protection Bureau Member of the Council of the New York State Attorney City of New York District #6 General's Office City Hall Two World Trade Center New York, N.Y. 10047 New York, New York 10007 Alfred B. Del Bello Honorable Susan Alter Westchester Coanty Executive Member of the Council of the Westchester County City of- Ndw York 148 Martine Avenue District #32 New York, N.Y. 10631 City Hall New York, New York 10007 Andrew S. Roffe, Esq.

New York

• State Assembly Honorable Edward C. Wallace Albany, N.Y. 12248 Member of the Council df the -

City of New York Renee Schwartz, Esq. Councilmember-at-Large, Manhattan Botein, Hays, Sklar & Herzberg City Hall .

Attorneys for Metropolitan New York, New York 10007 Transportation Authority 200 Park Avenue Honorable Mary Pinkett Ne'w York, N.Y. 10166 Member of the Council of the City of New York Stanley B. Klimberg District #28 General Counsel City Hall New York State Energy Office New York, New York 10007

. 2 Rockefeller State Plaza Honorable Mary T. Codd Albany, New York 12223 Member of the Council of the City of New York Councilmember-at-Large, Stat.en Island City Hall New York, New York 10007

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. Honorable Gilberto Gerana-Valentin Pat Posner, Spokesperson c Member of the Codncil of the Parents Concerned About City of New York Indian Point District #11 P. O. Box 125 City Hall Croton-on-Hudson, NY 10520 New York, New York 10007 Charles A. Scheiner, Co-Chairperson Honorable Arthur J. Katzman Westchester People's Action Member of the Council of the Coalition, Inc. -

City of New York P. O. Box 488 District #22 ,

White Plains, N.Y. 10602 City Hall-New York, New York 10007 Alan Latman, Esq.

i 44 Sunset Drive Jonathan L. Levine, Esq. Croton-on-Hudson, N.Y. 10520 Rockland Citizens for .

Safe Energy Lorna Salzman Mid-Atlantic Representative P.O.. Box 74 Friedds of the Earth, Inc.

New City, NY 10956 208 West 13th Street Marc L. Parris, Esq. New York, N.Y. 10011 Cou'nty Attorney County of Rockland -.JZipporah S. Fleisher West Branch Conservation

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11 New Hempstead Road New City, NY 10956 Association 443 Buena Vista Road Geoffrey Cobb Ryan New City, N.Y. 10956 Conservation Committee Chairman, Director Docketing,and . Serv. ice Section New York City Audubon Society Office of the Secretary 71 West 23rd Street, Suite 1828 U.S. Nuclear Regulatory Commission New York, NY 10010 Washington, D. C. 20555 4 Greater New York Council Mayor George V. Begany on Energy Village of Buchanan clo Dean R. Corren, Director 235 Tate Avenue New York University Buchanan, N.Y. 10511 ,

26 Stuyvesant Street N'ew York, NY 10003 Ellyn R. Weis, Esq.

William S. Jordan, III, Esq.

Atomic Safety and Licensing Board Panel Harmon & Weiss Nuclear Regulatory Commission 1725 I Street, N.W., Suite 506

.U,.S.

Washington, D. C. 20555 Washington, D. C. 20006 Atomic Safety and Licensing Joan Holt, Project Director Indian Point Project

! Appeal Board Panel

• l y.S. Nuclear Regulatory Commission New York Public Interest Washington, D. C. 20555 Research Group  !

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5 Beekman Street Brent L. Brandenburg,.Esq. New York, N.Y. 10038 [

' Assistant General Counsel Consolidated Edison Co.

of New York, Inc.

4 Irving Place .

New York, N.Y. 10003

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