ML20039A701

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Responds to 810824 & 0910 Ltrs Re Delay in Appointment of Board for Hearing.Board Was Appointed by 810918 Memorandum & Order.Emergency Planning Is Subj to Systematic,Ongoing Review by FEMA & NRC & Will Be Considered During Hearing
ML20039A701
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 11/24/1981
From: Palladino N
NRC COMMISSION (OCM)
To: Gilman B
HOUSE OF REP.
Shared Package
ML20039A686 List:
References
NUDOCS 8112210174
Download: ML20039A701 (2)


Text

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UNITED STATES 0

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e November 24, 1981 CHAIRMAN The Honorable Benjamin A. Gilman United States House of Representatives Washington, DC 20515

Dear Congressman Gilman:

I am writing this letter in response to you and your colleagues' concern over the delay in appointing the board which will preside over the proceeding at Indian Point.

On September 18, 1981, the Comission issued a Memorandum and Order which, in addition to clarifying the January 8 order on the scope and procedures for the proceeding, appointed the members of the Board.

I have enclosed a copy of that order for yg.ur convenience.

The appointment of the Board removed the last obstacle to the actual commencement of the proceeding. The next step will be requests by by Board action on those requests and the holding of a prehea'g, followed interested citizens and agencies to participate in the hearin ring conference by the Board to decide further schedules. As the amended order indicates, the Commission has requested the Board's recomendations within one year.

With regard to your concern over emergency planning at Indian Point, it is, as you know, the subject of a systematic, on-going review by the Federal Emergency Management Agency (FEMA) and the NRC.

The NRC relies on FEMA to determine the adequacy of off-site preparedness.

FEMA has stated it would not be able to make a definitive finding until it has completed its formal review of emergency plans, and until it has conducted an emergency preparedness exercise, now scheduled for Indian Point in March, 1982. After FEMA has completed its review, the NRC will incorporate FEMA's findings into our overall evaluation of the adequacy of emergency preparedness. The Union of Concerned Scientists and the New York Public Interest Research Group have filed a petition in the Second Circuit Court of Appeals seeking review of the NRC's failure to take action against the Indian Point licensees over issues of emergency planning.

8112210174 811124 PDR COMMS NRCC CORRESPONDENCE PDR

The Honorable Benjamin A. Gilman 2

Emergency planning is'also one of the issues the C~ mission has o

delineated for consideration at the hearings.

It should receive full attention during those proceedings.

If I can be of further assistance, please contact me.

Sincerely, t

V{&y Yla.MOy' &,$.nMk%

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s Nunzio l Palladino i

Enclosure:

Memorandum and Order 1

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3037 Maan Stas.T 10546 Pnonsa (914) 739-8242 24 August 1981 KINOWTON OP FICE 292 FAsn Stats? 12401 PMonte (914) 331-4444 Dr. Nunzio J. Palladino, Chairman The U.S. Nuclear Regulatory Commission 1717 H Street, N.W.

Washington, D.C.

20555

Dear Dr. Palladino:

As representatives of regions which could be endangered by an accident at the Indian Point nuclear power station, we have become increasingly concerned over the Nuclear Regulatory Commission's inaction with respect to high-popula-tion reactor sites in general, and Indian Point in particular.

It was our understanding that, after the ccident at Three Mile Island, the Commission had committed itself to giving special consideration to problems arising out of the extraordinary societal risk posed by the nation's most densely populated reactor sites. Yet we have seen little evidence of late.that sites like Indian Point and Zion are being given priority attention by the NRC.

The Indian Point site, with more than double the population of any other in the country, is of particular concern to us.

Should a major radiation re-lease occur at that facility, millions of our constituents could be at risk.

It is now more than one year since the Commission, in response to a petition from the Union of Concerned Scientists, announced (on May 29, 1980) its intention to conduct an Atomic Safety and Licersing Board adjudication on the Indian Point nuclear power plcnts.

We had expected that a full investigation of safety and siting issues would have been expedited by the Commission.

Instead, the Indian Point hearings have been delayed because of the Commission's failure to constitute a hearing board.

Responding to a request for an explanation of this delay from members of the New York Congressional Delegation, former Chairman Joseph P. Hendrie, on April 27, 1981, indicated that the Commissioners were unable to reach a consensus on ap-pointments to that board.

We urge you, in your capacity as Chairman, to give priority to the early appointment of an Indian Point ASLB Chairman and board.

Furthermore, we encourage you to give serious attention to the matter of emergency planning at Indian Point. We are deeply concerned that some four months after the NRC's deadline for the implementation of emergency procedures, Indian Point is still operating without workable and implemented off-site emergency plans to protect the public in the event of an accident, i

Sincerely, flO4M65Mke

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HAMILTO' FISH, JR., M.C./

NATHAN B., BI"

'i, M. C 3, SHIRLEY CHIS

, M.C.

ROBERT GARCIA, M.C.

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BEN.htMIN A. GILMAN, M RICHARD

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FREDERICK

'RIDHMOND, M.C.

BERJ[iI*' S. R0 HAL, M.C.

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A,o ED WEISS,l.C.

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CHARLES S

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CilARLES R MGEL, M C.

STEPHEN SO'LARZ, M.C.

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i cc: John F. Ahearne, Commissioner l

Peter A. Bradford, Commissioner Victor Gilinsky, Commissionec Thomas Roberts, Commissioner

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