ML20052F173
| ML20052F173 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 05/03/1982 |
| From: | Tsongas P SENATE, SMALL BUSINESS |
| To: | Kammerer C NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| References | |
| NUDOCS 8205120197 | |
| Download: ML20052F173 (1) | |
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Mr. Carlton Kammerer Of f Congressional Af e
p Nuclear Regulatory Commissio 4
g 1717 H Street, N. W.
Washington, D.
C.
20555
Dear Mr. Kammerer:
I am writing to you again at the request of The Pilgrim Alliance, residents of Duxbury and other area communities re-garding the safety of the Pilgrim I nuclear power plant.
I understand that a public hearing was held on March 22, 1982, by the Selectmen of Plymouth to discuss the safety concerns of local citizens.
The enclosed self-explanatory letters re-state some of the problems not adequately addressed at that meeting.
In addition, I hope you will reconsider and support Attorney General Francis X.
Bellotti's petition to intervene in this matter.
As I publicly stated in January of this year, my first concern is for the safety of the residents of Massachusetts.
Both the utility and the Nuclear Regulatory Commission owe the citizenry a full explanation and the satisfactory resolution of all safety questions.
It is also incumbent to the nuclear industry's future.
In fulfilling your purpose to assure the safe civilian use of nuclear facilities and materials, I am certain that you will give the enclosed correspondence every appropriate consideration.
Si y,
PAUL E.
TSONGAS United States Senator 50f PET:att 9
5 Enclosures I
8205120197 820503 PDR ADOCK 0S000293 U
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Tre Pilgrir.4111rnce P.O. Box 957
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Plymouth, Ma. 02360
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March 31, 1992-
.enuter Tsongas J.?.E.
Federal Build ing Rocn 2003F Easton, Na. G2203 Lear Senator Tsengas.
I Tre.nk you for your*respor.se to our cencerns rerarding "e F11erig TPe inferra:S en that you Frovided us vith nuclear power station.
helped us to pre;,are for tre puilic hearing wFich took pisc 22, 1982.
of your staff attend.
In response to the NRC modification of Pilgrim I's operating license, ition to intervene p.ttorney General Francis X. Bellotti has filed a pet in the KRC proceeding. (copy enaosed)
At the satisfied with the NRC's response to our concerns.
Ne are not opposed the Attorney General's petition (as did Edison) inspec hearing, the NRC:
1)2) refused to provide onsite plant operations and assune Edison's responsibility for notifying as outlined in EUREG 0654 (enclosed )
the state cf a accident, daily monitoring inspectors to oversea
- 3) refused to rrovide onsite cf radioactive erissions
('he ERC cited lack of funds and staff to' v2 ovide 1-3) h) fai?ed to require a full tine paid civil defense director to be apreinted for the torn of 71ynouth
- 5) failed to address the distribution of potassium iodide throurhout.
the connunity and to reception centersthe energency warning system be
- 6) failed to recuire that fully tested, modified, and approved before scing back on line By not addressing and implementing our concerns, by allowing th i
to operate while undergoing massive management overhaul, and by op i
the Attorney General's petition, we believe that the NRC is deny ng us his the right to tinimal precautions, to which we, as residents of t contunity, are entitled.
Boston Edison's gross, unacceptable mismanereren%
safety We are concerned about their drive for on-line electrical production while ninariring ide standarcs, their repeated safety violations, their failure to trovbvdror:
a safety systen for two and a half years for the prevention of a We nuestion the explosion, their falsification of records to the NRC.resnonsible rerulitory ere NRC's ability to perferr.as an effe.ctive. failed to prevent such unaccept TPe ERC's past overse-ing of Pilgrih.I:
failed to disc.over ab'e manacement practices frer 6sking' place; da unacceptable non-compliance with critical safety systens for two an It is because of to provide for our concerns.
incompetsnce that ve believe the Attorney balf years, and failed Boston Eiisen and the NRC's
- er.crel er culd be alle.
- ed te int ervene in the nc fificEt i^n o f
.t i' rir 's crerstir.g l i c er. s e.
., e believe, t-a
': ithcut the Attcrney G=neral's
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participaticn,1:e th= public, Pave no assurance thet tre operation of s fety.
tris facility vill not continue te jeopardire our realth end
~4e ask you to contact Kunzic Ps.11adino, chairn=.r. of the NRC, and urge bin to allow the Attorney General's intervention to take piece.
We ask you to share this letter with yqur Connittee on Ener6y and Esturel Resources.
If you need further inforration regarding the Attorney Genere.1's petition we suggest that you contact:
Paula Gold Assistant Attorney General Chief, Public Protection Eureau Stephen M. Leonard Assistant Attorney General Chief, Environmental Frotection Division Jo Ann Shotwell Assistant Attorney General Environmental Protection Division Public Protection Bureau 1 Ashburton Place, 19th floor Boston, Ma. 02108 727-2265 Please give these issues your'ir.nediate attention.
We are looking fork:ard to hearing from you as soon es po.esible.
Thank you.
Sincerely.
The Pilgrin Alliance Uloksd. M Gail Reed 888-1082 telephone O
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E.
Notification Methods and Procedures (continued)
Applicability and Cross Evaluation Criteria Reference to Plans Licensee State Local 4.
Each licensee shall make provisions for followup messages from the facility to offsite authorities wh. ch shall contain the i
following information if it is known and X
appropriate:
a.
location of incident and name and telephone number (or communications channel identification) of caller; X
b.
date/ time of incident; X
c.
class of emergency; X
d.
type of actual or projected release (airborne, waterborne, surface spill),
X and estimated duration / impact times; e.
estimate of quantity of radioactive material released or being released and X
the points and height of releases; f.
chemical and physical form of released material, including estimates of the relative quantities and concentration of noble gases, iodines and particulates; X
g.
meteorological conditions at appropriate levels (wind speed, direction (to and from), indicator of stability, precipi-X tation, if any);
h.
actual or projected dose rates at site boundary; projected integrated dose X
at site boundary; i.
projected dose rates and integrated dose at the projected peak and at 2, 5 and 10 miles, including sector (s) affected;.
X 9
E.
Notification P.ethods and procedures (continued)
Applicability and Cross Evaluation Criteria Reference to Plans Licensee State Local j.
estimate o'f any surface radioactive contamination inplant, onsite or offsite; X
k.
licensee emergency response actions underway; X
1.
recommended emergency actions, including protective measures; X
m.
request for any needed onsite support by offsite organizations; and X
n.
prognosis fcr worsening or termination of event based on plant information.
X 5.
State and local government organizations shall establish a system for disseminating to the public appropriate information contained in initial and followup messages received from the licensee including the appropriate notifi-cation to appropriate broadcast media, e.g.,
the Emergency Broadcast System (EBS).
X X
6.
Each organization shall establish admin-istrative and physical means, and the time required for notifying and providing prompt instructions to the public within the plume exposure pathway Emergency planning Zone.
(See Appendix 3.)
It shall be the licensee's responsibility to demonstrate that such means exist, regardless of who implements this requirement.
It shall be the responsi-bility of the State and local' governrents to activate such a system.
X X
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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SOSTON EDISON COMPANY
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Docket No. 50-293 PILGRIM NUCLEAR POWER STATION:
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License No. DPR-35 Order Modifying License
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EA 81-63 Ef f ective -Immediately
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th h f(D PETITION OF THE MASSACHUSETTS ATTORNEY GENERAL TO h4 INTERVERE IN PROCEEDING
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FOR MODIFICATION OF d
36 PILGRIM STATION OPERATING 1
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LICENSE lH h
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On January 18, 1982, the Commission's Office of
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[2 v [ Inspection and Enforcement issued an Order modifying the 42 *% -i operating license for the Pilgrim Nucl, ear Power Station in 1
Plymouth, Massachusetts.
That Order provides that "[clontinued M
7-operation of the Pilgrim facility requires significant changes in Boston Edison Company's control of licensed activities" and requires that the Company submit to the NRC, within thirty days of the Order, "a comprehensive plan of action that will yield an independent, appraisal of site and corporate management organizations and functions, recommendations for improvements r
in management controls and oversight, and a review of previous saf ety-related activities to evaluate compliance with NRC requirements."
See Order Modifking License Effective Immediately, Docket No. 50-263 (January 28, 1982) at 6.
l (Heroinafter, " Order")
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0.0 For the reasons set forth below, Attorney General Francis X. Bellotti here'by exercises his right, pursuant to Section 18 9 (a ) of the Atomic Energy Act of 1954, 42 U.S.C.
5223 9 (a), to intervene in the NRC's proceeding in this matter on beh lf a
of the citirens of the Commonwealth of Massachusetts Attorney General Bellotti is the chief law offiSer of the Commonwealth, responsible for establishing the legal policy of the Commonwealth.
Secretary of Administration and Finance v.
Attorney General, 326 N.E.2d 334 (Mass., 1975).
He is a separately elected officer, representative of the citizens of this state and seeks, through this intervention, to protect the interests of the Commonwealth and his constituents in th e safe opeation of the Pilgrim plant.
Attorney General Bellotti f urther requests, pursuant to Section 189 (a),
that a public hearing be held in this matter in the Town of Plymouth to allow for public review of the serious deficiencies identified in the commission's Order and the Company's proposed remedial actions.
Any action as significant as the amendment of an operating license for a nuclear power plant should be subjected to. maximum public exposure.
/
I.
THE INTERESTS OF THE CITIZENS OF MASSACHUSETTS ARE AFFECTED BY THIS PROCEEDING According to its Order, the Office of Inspection and Enforcement has taken this action 'beca'use of Boston Edison's numerous regulatory violations over the past several years, its below average rating in the NRC's recent, Systematic Assessment
~
of Licensee Performance ("SALP"), and deficiencies discovered 1981.
during NRC inspections between J, ne 15 and September 30, u
Those inspections revealed inadequacies in Boston Edison's controls in several functional areas of activity, including engineering and design review, revision of operating proce-dures, facility maintenance, notification of safety problems, and onsite safety committee activities.
See Order, at 2.
Together with the weaknesses identified by the SALP and NRC enforcement actions over the past 2 1/2 years, the deficiencies discovered during these inspections have led the Office of Inspection and Enforcement to conclude that there exist
" substantial serious breakdowns in Bo,ston Edison Company's management controls related to the Pilgrim f acility" and that the "public health, safety and interest" require that significant changes be made in the Company's control of licensed activities.
See Order at 6.
In light of these findings by the Commission staff, there can be no doubt that the citizens of Massachusetts have a direct and substantial interest in the subject matter of this Order.+Without participating in the review of the_ Company's the oublic can have no assurance proposed correetive actions, i
that continued operation of the facility will not jeopardize their health and safety.
II.
THE ATTORNEY GENERKL'OF THE COMMONWEALTH OF MASSACHUSETTS HAS A NON-DISCRETIONARY RIGHT TO INTERVENE IN THIS PROCEEDING' PRIOR TO ANY FURTHER NRC ACTION I
L
_a_
The Atomic Energy Act of 1954 provides that "[i]n any proceeding, under this chapter, for the granting, suspenc ing, revoking, or amending of any license the Commission shall grant a hearing upon the request of any person whose in erest may be affected by the proceeding, and shall admit any such person as a party to such proceeding."
(Emphasis supplied.)
By its own terms, the Commission's action constitutes a modification of Boston Edison's license, and there is thus no discr'etion to deny this petition and hearing request filed on behalf of persons clearly af fected by the subject matter of this license amendment.
Given~this non-discretionary statutory obligation, the Commission's review of-this Petition is limited to the question of whether the Petition properly sets forth the aspects of this proceeding as to which'the Attorney General is intervening.
See BPI v. Atomic Energy Commission, 502 F.2d 424 (D.C. Cir. 1974).
The Commission has arguably failed already to comply with the procedural requirements of Section 189 (a) in that it has not provided thirty days' notice in the Federal Register of its intent to amend the Pilgrim license to allow for notices of intervention and hearing requests.
This apparent failure will not prejudice Attorney General Bellotti in his effort.to protect the interests of Massachusetts citizens, provided the Commission takes no f urther action in this matter pending his admission as a party.
Approval by the Commission or its staff i
of Boston Edison's action plan, or other formal action thereon, pending admission of the Attorney. General as a party and an opportunity for exercise of the rights which attend that status would violate Section 189 (a).
Therefore, the Attorney General asks that he receive written assurance, within seven days of the receipt hereof, that the Commission will honor his rights under Section 189 (a) and suspend further formal action on Boston Edison's action plan pending his admission and participation in this matter.
III.
ATTORNEY GENERAL BELLOTTI INTENDS TO PARTICIPATE FULLY IN EVERY ASPECT OF THIS PROCEEDING TO ASSURE THE SAFETY OF MASSACHUSETTS CITIZENS Attorney General Bellotti moves to intervene in this proceeding so as to participate in all the issues considered, including but not limited to the following:1/
1.
Any consideration of Boston Edison's continued operation of Pilgrim I pending the identification and implementation of the necessary changes in Bos' ton Edison's management controls.
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As a separate matter, this office has notified the Commission that it anticipates exercising 'i~ts rights pursuant to section 189 (a) with respect to approval of the revised emergency plans
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for.the Pilgrim Station.
We suggest that the staff be required to complete its review of those plans in time that a hearing thereon, if it is necessary, can be conducted together with the hearing sought in this petition.
2.
The adequacy of the plan of action submitted by Boston Edison, including the following issues:
4 a.
The appropriateness of the parties chosen to conduct the review of site and corporate management organizations and functions and the
.various reviews of safety-related activities set forth in paragraphs (1) and (3) through (6) of the Order.
b.
The schedule for completion of these reviews.
c.
The specific matters to be addressed in these reviews.
3.
The nature of the improvements which must be made in the Company's site and corporate management organizations and functions and safety-related activities to ensure the safe operation of the plant.
4.
The determination as to whether Boston Edison has properly implemented all necessary improvements such that operation of the plant may continue.
IV.
CONCLUSION For the reasons outlined herein, Attorney General Bellotti asks, on behalf of the Commonwealth of Massachusetts and its citizens, that he be admitted as a party to this i
proceeding and that no further action be taken by the NRC in thi's matter pending his admiss?on.
Attorney General Bellotti further requests that a public hearing be held in the Town of l
Plymouth on the matters which are the subject of this proceeding.
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Respectfully submitted, F?.ANCIS X. BELLOTT!
ApORNEY GENERAL
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.PAULA W. GOLD d
Assistant Attorney General Chief, Public Protection Bureau
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STEKN M.
LEONYdD Assistant Attorney General Chief, Environmental Protection DiviB i
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s istant Attorney General nvironmental Protection Division Public Protection Bureau Department of the Attorney General one Ashburton Place, 19th Floor Boston, Massachusetts 02108 (617) 727-2265 l
1 Dated:
Febr uar y 17, 1982 l
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March 30, 1982 The Honorable Paul Tsongas Senate Foreign Relations Committee 362 Russell Office Building Washington, D.C.
20510
Dear Senator Tsongas:
As residents of Duxbury we are extremely concerned about the taor safety record at the Pilgrim Nuclear Power plant in Plymouth.
It is evident that there har been gross negligence by the Boston Edison Company that constitutes a very real threat to the people of this com= unity. Unfortunately the NRC failed to demonstrate that adequate safety precautions would be i
met prior to the reopening of the Pilgrim plant.
We are seriously concerned about many technical deficiencies, but the two most obviously unresolved items are:
1.
An adequate fire extinguishing system in the cable-spreading room will not be in place until the end of the year.
(A similar deficiency led to' the Brown Ferry's fire.)
1 2.
The evacuation plans have not yet been approved by the surround-ing concunities and the sirens are not operating adequately.
It seems reasonable to request that these minimal safety precautions be met before the plant is allowed to operate.
We also feel strongly that the NRC and Boston Edison should be compelled to agree to Attorney General Bellotti's petition for an evidentiary hearing.
Their refusal to cooperate implies that they are reluctant.to disclose the information sought for the public good.
Enclosed please find an article from The New York Times of March 29 which reinforces our feelings that the NRC's vigilance at the Pilgrim plant is not sufficient and that there is the necessity for a third party review.
We have a very real and enormous problem here between the public good and a utility', vested interest.
We hope you can be of help.
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P 1; tory Comminion that in three to hve more ) tars, the ve".sels in some plants will be too brittje to operate worker drupted a small light bulb into not thought vital to the safe operation s.afely. But this estimate is Mshful - an instrument panel, causmg an elec.
of a plant erded up causing serious rM+nr. based on unrealistic as.
- trical short circuit.The short wreaked problems.
sumpdons about plant cperators' ac.
havoc on the plant's ccotrol systerns The Nuclear Regulatory Commis.
tions and acddest sequences. Some
- a vanety of instruments that run sion is charged with ensuring that nu.
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plants art already too dangerous to crucial pumps and valves - and the clear plants are operated "with ade.
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operate without corrective measures.
result was that too much water was quate protection" of the public health l
ne commissicri could do a great Pumped through the reactor, chilling, and safety. But bureaucratic foot.
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I deal to prevent such an accident, and it sudderJy. It is very doubtful that dragging and preoccupation with pub.
I stretch out the lives cf many of these some of the older plants operating lic relations afd financial problems of l
brittle vessels, if it crdered the type of today would be able to withstand the the Industry are contributing to a i
corrective steps already taken at sanse shock. Fortimately, Rancho shortsighted view - that technical I
some Eurepe.an reactors. But the Seco had been in cperatJon less than problems can wait or do not exist.
l commission. regulating an Industry two yearst had it teen in c'peration for So ne tnembers of the staff acknowl.
I that has serious rusandal and technj.
10, its pressure vessel rnost likely edge the safety problems associated caJ proble=s,instead of taking trutla.
would have ruptured.
with contrcl systems, but the agency tives tends to swe p dd3 cult technical The kinds of crotrol syste=s that ha.s yet to de=and from utilities oper.
problems under the rug, reacting to went baywirt at Rax.ho Seco are very ating nuclear. power plants the techni.
crises only after they occur.
likely to fall at crucial times in other ca! data on ecntrol systerns necessary l
The co-~"ica clust realize that nuclear-;ower plants. When a pipe to assess the systems' safety I
this ensis is upcn us. A te:nperature bursts, or a seal fails, or a valve fu!!y.
change severt enough to crack a brit.
sticks, autematic control and safety it may be that we nead nuclear tJe reacter vessel altrady has on systerns almost instantly take action power to maintain our standard of liv.
cu.W. In Ca!ifernia, but not at one e,f to coepensate, but they do not always ing. But there is a vast difference be.
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ths o! der, mort vulnerable piants. The take the rtght acuen.
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Ccotrol syste=s are not reviewed and mahng it acceptable. We can
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mirabie safety reccrd - no deaths. by the Nuc! car Regulatory Commis.
make nuc! ear; rawer acceptable.
caused by radiaton - still is intact, sion. They are not immune to fire or ne Nuclear Regulatory Comme.
tut this car. net last much lenger, be.-
power failure; they often have no sion chairman, Nunno Palladino, has cause the reactor stssels and other bachps, so are prune to sirnple fajl.
! poke, cf clear.!ng up our nuclear act.
crtucal compenents are agmg.
ure. They are nct even earthquake.
As a pnvate c:tuen ! hope that we do For many years,it has teen known
- proof, so, beg:nning with m;:! ante at the that vessels are becomu g brittle.
The N.R C. staff has taken the resi.
N R.C. Or.e =cr* acc: dent the s::e of What makes the problem urgent is tic'n that if a plant gets into troucle t..
Thr~ M2le ! stand's, and the public's that the metal is aging more rapidly cause of control spiem malhu ca:ns, r'W"Jm almost certa.r.!y w.!! fora.
t'.an eprtN, and the circurnstances it futs safe *y s,me=s to take care of c!cse the nuc! car cytien. '
that mli cause ruch tn accident no any proble=3. But th!s is not so, as seem raere lik e!y.
ev-nts cf tre last,few years shcra. At k etros L. 5.:Jerns is a -e:crv
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