ML20054E852
| ML20054E852 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 05/03/1982 |
| From: | Tsongas P SENATE, SMALL BUSINESS |
| To: | Kammerer C NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| Shared Package | |
| ML20054E850 | List: |
| References | |
| NUDOCS 8206140343 | |
| Download: ML20054E852 (5) | |
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J.: F. K. Federal' Building Government Center' ?
Boston, MA 02203' May 3,.1982.
Mr. Carlton Kammerer Director Office of Congressional Affairs Nuclear Regulatory Commission 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-9 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 10
- citizens.
The enclosed self-explanatory letters re-stat s.3me of the problems not adequately addressed at that meeting.
In r adition, I. hope you will reconsider and support Attorney General P ancis 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 cer y,
j PtUL E.
TSONGAS United States Senator PET:att Enclosures 8206140343 820525 PDR ADOCK 05000293 H
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The Pilgrin Allinnce i.
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P.O.fBox 957'
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Plymout h, -- Ma. 02360 Ifarch 31, 1982
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Senator Tsongas-J.F.E. Federal Building
'Roen 2003F-Easton, Ea. 02203 Lear Eenator Trengas.
Ihnnk you'for your response to our concerns regarding the Filrrim 1 nuclear pouer station.
The inforrnt kn that' you provided ur vith helped us to prepare for the public hearing wFich took place i. arch 22, 1982.
We appreciate that you were able to have.a representntive of your staff attend.
In response to the NRC modification of Pilgrim I's operating license,-
attorney General Francis X. Bellotti has. filed a retition to intervene in the NRC proceeding. (copy. endosed )
l We are not satisfied with the NRC's response to our concerns. 'At the hearing, the NRC:
- 1) opposed the Attorney General's' petition (as did Edison)'
- 2) refused to provide onsite-inspectors 24 hrs / day,'? days /wk to oversee plant operations and ascune Edison's responsibility for. notifying
'the state of a accident, as outlined in NUREG.0654 (enclosed)
- 3) refused to nrovide onsite inspectors to oversea daily monitoring cf radionctive erissions
('he NRC cited lack of funds and staff to ri ovide 1-3)-
i h)- fai'ed to require a full time paid civil defense director to be j
appointed -for the torn of Plymouth
^
- 5) failed to address the distribution of potassium iodide throurhout the connunity and to reception centers
- 6) failed to reovire that the.ererrency warning system t be fully tested, modified, and approved before Going back-en line By not addressing and implementing our concerns, by allowing the plent
- ~
to operate while undergoing nassive management overhaul, and by opposing l
the Attorney General's petition, we believe that the NEC is denying us the right to tinimal precautions, to which we, as residents of this community, are entitled.
l We are concerned about Boston Edison's gross, unacceptable mismanererent, i
their drive for on-line electrical production while ninanivine safety i
standards, their repeated safety violations, their failure to provide-a safety systen for two and a half years for the pre"ention of a bvdrogen explosion, their falsification of records to the NRC.
We ovestion tha NRC's ability to perform as an effective. rasnonsible retulatory-agency.
l The NRC's past overseeing of Pilgrir.1: failed to prevent such unaccent-ab'e management practices from taking place; failed to discorer unacceptable non-compliance with critical safety systems for two nnd a i
half years, and failed to previde for ovr concerns.
It is because of Boston Edison and the NRC's incompetence that we believe the Attorney
.ernrnl :t Jiu bt allcued *o intervene in the rM iricati'n of !-li.~rir's c i e r'i t i r.
licence.
Le helieve, tkst tithout the Attern"y Genarnl's ps.rticipation. Ne the public Fave no assurance that the oparation of a
tric facility will not continue to jeopardire our health and safety.
We ask you to contact Hunr.io Falladino, chairmen of the Sh0, and urge Pit to allow the Attorney General's intervention to take pince.
'W e ack you to share this letter with your Cotrittee on Energy and Enturel Resources.
If you need further inforration Terarding the Attorncy Genertl's rotition we surgest that you contact:
Faula Gold Assistant Attorney General Chief, Public Protection Eureau Stephen M.
Leonard Assistnnt Attorney General Chief. Environmentn1 Irotection Livision Jo Ann Shotvell Assistant Attorney General Environmental Protection Civision Public Frotection Bureau 1 Ashrurten Floce, 19th floor Boston, Ma. 02108 727-2265 Fleuse give these issues your intediate attention.
'i e are lookinr forward to hearing from you as soon 9s possible.
Thank you.
Sincerely, The Pilrrin Alliance L44*M M Gail Reed 888-1082 telephone 1
t
44 E.
Notification Methods and procedures (continued)
Applicability and Cross Evaluation Criteria Reference to Plans State _
Local Licensee 4.
Each licensee shall make provisions for followup messages from the facility to offsite authorities which shall contain the following infomation if it is known and appropriate:
X 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),
and estimated duration / impact times; X
e.
estimate of quantity of radioactive material released or being released and the points and height of releases; X
f.
chemical and physical fom 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-tation,ifany);
X l
h.
actual or projected dose rates at site boundary.; projected integrated dose at site boundary; X
i.
projected dose rates and integrated dose at the projected peak and at 2, 5 and 10 miles, including sector (s) affected; X
6
E.
Notification Methods 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.
recomended emergency actions, including protective measures; X
m.
request for any needed onsite support by offsite organizations; and X
n.
prognosis for worsening or termination of event based on plant infomation.
X 5.
State and local government organizations shall establish a system for disseminating to the public appropriate infomation 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 prcmpt 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 governments to activate such a system.
X X
X e
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 1r/'V i
In the Matter of
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)
BOSTON EDI$ON COMPANY
)
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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PETITION OF THE MASSACHUSETTS hf 3.
ATTORNEY GENERAL TO h4 j
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INTERVENE IN PROCEEDING O/
FOR MODIFICATION OF I,
d Ed PILGRIM STATION OPERATING
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LICENSE 1~
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- ~0 On January 18, 1982, the Commission's Office of N
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[2y 2~ Inspection and Enforcement issued an Order modifying the 4 'S d operating license for the Pilgrim Nuclear Power Station in n
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 dcys of the Order, "a comprehensive plan of action that will yield 1
an independent. appraisal of site and corporate management organizations and functions, recommendations for improvements in management controls and oversight, and a review of previous safety-related activities to evaluate compliance with NRC l
l requirements."
See Order Modifying License Effective Immediately, Docket No. 50-263 (January 18, 1982) at 6.
(Hereinafter, " Order")
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For the reasons set forth below, Attorney General Francis here'by exercises his right, pursuant to Section X.
Bellotti 189 (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 behalf of l
the citizens of the Commonwealth of Massachusetts.
Attorney General Bellotti is the chie' law offie%r 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 the opeation of the Pilgrim plant.
Attorney General Bellotti further 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 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 during NRC inspections between June 15 and September 30, 1981.
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 Boston Edison Company's management controls related to the Pilgrim facility" 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.+Withoutparticipating in the review of the Company's proposed corrective actions, the public can have no assurance that continued operation of the f acility will not jeopardize their health and safety.
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II.
THE ATTORNEY GENERAL'OF THE 3
COMMONWEALTH OF MASSACHUSETTS HAS A NON-DISCRETIONARY RIGHT TO INTERVENE IN THIS PROCEEDING' PRIOR TO ANY FURTHER NRC ACTION b
l
The Atomic Energy Act of 1954 provides that "[i]n any proceeding, under this chapter, for the granting, suspending, 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 Paston Edison's license, and there is thus no discr'etion to deny this petition and hearing request filed on behalf of persons clearly affected 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 l
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 further action in this matter pending his admission as a party.
Approval by the dommission or its staff
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 f urther 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'on Edison's management controls.
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As a separate matter, this office has notified the Commission that it anticipates exercising its 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 l
' hearing sought in this petition.
,y 7
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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.
l i
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 proceeding and that no further action be taken by the NRC in thi's matter pending his admission.
Attorney General Bellotti further requests that a public hearing be held in the Town of Plymouth on the matters which are the subject of this proceeding.
9
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Respectfully submitted, FRANCIS X. BELLOTTI ATTORNEY GENERAL
/.,*i s._
By:'
.PAULA W. GOLD d
Assistant Attorney General Chief, Public Protection Bureau M
A STEpEN M.
LEONI/RD
'M Assistant Attorney General Chief, Environmental Protection Divis rd a
pNN SHOfWELL
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Kistant Attorney General vironmental Protection Division Public Protection Bureau Department of the Attorney General One Ashburton Place,19th Floor Boston, Massachusetts 02108 (617) 727-2265 Dated:
February 17, 1982
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March 30, 1982 W
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 poor-safety record at the Pilgrim Nuclear Power plant in Plymouth..It.is evident-that there has been gross negligence by the Boston Edison Company that-constitutes a very real threat to the people of this community.
Unfortunately.
the NRC failed to demonstrate that adequate safety precautions would be prior to the reopening of the Pilgrim plant. We are seriously' concerned met 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.)
.2.
The evacuation plans have not yet been approved by-the surround-ing-communities 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's vested interest.
We hope you can be of help.
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11 tory Commission that in three to five more years, the vessels in some plants will be too britt!e to operate worter dropp?d a smal! light bulb into not thought vital to the safe operation safely. But this estimate is wishful an instrument snel, causmg an elec.
of a plant ended up causing serious think:ng, based on unrealistic as.
'trical short circuit. The short wreaked problems.
sumptions about plant c5erators' ac.
havoc on the plant's cmtrol systems De Nuclear Regulatory Commis.
tions and accident squences. Some
- a variety of instruments that nin sian is charga! with e :suring that nu.
plants are already too dangerous to cruel.tl Wmps and valves - and the clear plants are operated "with ade.
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he commission could do a great quate prutection" of the public health
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operate without corrective measures.
result was that too much water was deal to prevent such an a"' lent, and Pumped through the reactor, chilling, and safety. But bureaucratic foot.
it suddenly. It is very doubtful that brittle vessets, if it ordered the type of some of the older p! ants operating dragging and preoccuption with pub.
rtretch out the lives of many of these lic relations and financial prublems of today would be able to withstand the the industry are contrtbuting to a corrective steps already taken at same shock. Fort:mately, Rancho shortsighted view - that technical some European reacton. But the Seco had been in cperation less than problerns can wait or do not exist.
mmmission, regu! sting an industry two years ; had it tren tn operation f ar Some members of the staff acknowl.
trur has serious rinancial and techtti.
10, its pressure vess. l most likely edge the safety problems associated cal prublems,instead cf taking trutta.
would have ruptured.
tlws tends to sweep difficult techrtical The k=ds of cmtrol systems that with cmtrol systems, but the agency problems tmder the rug, reacting to went haruire at Rancho Seco are very has yet to demand from utilities op r.
ne comm:ssion must realize that likely to fall at crucial times in other ating nuclear-power plants the techni.
crises ordy after they occur, this crisis is upm us. A tempersture nuclear-pewer plants. When a pipe caldata on cmtrol systems necessary to ass <ss the systems' safe:y change severe enmgh to crack a brit.
bursts, or a seal fails, or a valve fully.
tie reacter vessel already has or, sticks, automatic control and safety It may be that we need nuclear currui in Cahfarnia, but not at ne cf systems almost instantly take action pewer to maintain our standard of liv.
to ccmpenstte, but they da not always ing. But there is a vast difference be.
the cider, more winerable p: ants. De take tte rightacticn.
tween having to accept something, commercial nuclear industry's ad.
Cmtrol sptems are not reviewed and making it acceptable. We can mirable safety reccrd - no deaths - by the Nuclear Regulatory Commis.
caused by radiatten - still is intact, sion. Dey are not immune to fire or make nuclear poweracceptable.
t7at this caract last much lenger, be. - power failure; they often have no De Nuclear Regulatory Commis.
ccuse the reacter vessels and other backups, so are prrne to simple fail.
sion chairman, Nunzio Pallad:no, has i
spoken of cleaning up our nuclear act.
critical components are ag:rg.
ure. They are net esen earthquake.
As a pr:vate c:tizen, I hope tha! ao do For many }vars, it has tven known pruef.
u, beg nning w:th ag: lance at the that ve seis are becoming brittle.
De.*4 R.C. staff has taken the pm.
N 1C. Or.e more acc: lent the size of What makes the prub!cm urgent is tion that if a plant gets into truub!e b -
Dree Mde Island's, and the public's that the metalis agirs more rapidly ca use ct cmtrel. system malfunctions, reactwn almest certam!y will fare.
than esp cted, and the carrumstances it has safety sptems to take care of c!me the nuclear cy tun.
that mu11J cause such an accident no.
any prnblena. But this is not so, as seem mere likely.
ev-nts of t.e last few year s show. At D." e:m L. S r.mu is a reae:v At the Rancho % plint, nev '
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