ML20054L272
| ML20054L272 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 07/02/1982 |
| From: | Semmel H, Wiktor D ANTIOCH SCHOOL OF LAW, WASHINGTON, DC, BIER, MILLS, CHRISTA-MARIA, ET AL |
| To: | |
| References | |
| ISSUANCES-OLA, NUDOCS 8207070329 | |
| Download: ML20054L272 (11) | |
Text
July 2, 1982 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMIGSSION ATOMIC SAFETY AND LICENSING BOARD mdd l
Docket No. 50-155-OLA In Matter of Consumers Power Co.
(Big Rock Point Plant)
(Spent Fuel Expansion)
INTERVENORS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON CHRISTA-MARIA CONTENTIONS 9 (2) and 9 (3)
Intervenors pursued two contentions that were concerned with the Energency Planning Pamphlet prepared by licensee and which is supposed to be distributed annually. These contentions assert that this pamphlet was infoma-tionally inadequate and improperly distributed.
Christa-Maria Contention 9 (2)
Consumer Power Company (applicant) should improve its public infomation pamphlet to more adequately infom people about radiation hazards, particularly to children and pregnant women.
In addition, the public, local officials and school officials should be more completely educated in the problems of radiation exposure.
Christa-Maria Contention 9 (3)
Applicants public infomation pamphlet has not been properly distributed and should be redistributed.
A.
Pamphlet Distribution 1.
A large majority of residents living within five miles of the Big Rock Point Plant reside in Charlevoix County.
2.
The 1981 emergency plannina pamphlet prepared by licensee was delivered to Earl Muma Director of Emergency Planning for Charlevoix County,
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. for distribution to persons living within five miles of Big Rock Point Plant.
Distribution by Mr. Huma was the sole method of distribution of the pamphlet to such residents.
3 Mr. Musa received 8 to 10 baxes of 1981 pamphlets from licensee and returned 6 to 8 boxes to licensee.
Thus, at least 75 percent of all pamph-lets received by Mr. Mama were not distributed.
(T. 1361) 4.
Mr. Muma does not know the number of persons in Charlevoix County living within five miles of the plant.
5 Mr. Musa's sole method of distributing pamphlets to residents within five miles of the plant was to turn the pmuphlets over to boy scout leaders for distribution door to door by the scouts. However, the record does not contain any evidence that the scouts actually delivered the pamphlets to the homes.
Mr. Musa did not know the number of boy scouts in the area or their capacity to deliver the pmnphlets to all five nile area residents.
(T. 1369) Mr. Muma had no knowledge whether the pamphlets were delivered to houses.
(T. 1373) He did not ask the scout leaders whether deliveries were made to the area.
(T. 1373-74)
Mr. Muma testified that pamphlets were not distributed to all areas within five l
niles.
(T. 1365) To determine when pamphlets were distributed in an area, Mr.
Huma relied on a map in which areas were to be shaded when deliveries were made.
He did not know who shaded areas on the map (T.1366), but it was not done by the boy scouts.
(T. 1368) 6.
The official of the Federal E. _ gency planning Administration (FadA) responsible for Charlevoix County is Mr. Bement.
He did not undertake to verify whether the 1981 pamphlet was distributed.
His solo infonnation regarding I
s j.
pamphlet distribution was from Mr. Muma.
(T. 840,850). Mr. Bement did not do any sampling of homes to detemine if pamphlets had been received. He did not speak with boy scout leaders to detemine if the scouts had delivered the pamphlets.
(T. 840).
7 F2dA has never undertaken a study to detemine whether plant area residents have available to them infomation on what to do in an emergency. (T.858)
FEfA is not planning to conduct a survey to test the distribution of emergency planning infomation.
8.
The official of Licensee responcible for distribution of the 1981 pamphlet was Mr. Loomis, public relations director for the Big Rock Point plant.
He merely delivered pamphlets to Mr. Muma.
-(T. 1067, 1068). His only knowledge of whether pamphlets were distributed to area residents in Charlevoix County
{
was what was told to him by Mr. Muma' (T.1067). Licensee made no survey to detemine whether the pamphlets actually were distributed to area residents.
9 In summary, all testimony concerning distribution of pamphlets to five mile area residents in Charlevoix County was based on information supplied by Mr. Musa, who actually had no personal knowledge of whether any pamphlets were distributed.
10.
The area around the plant has extensive tourism in summer and winter and has several thousand residents in the area primarily in those seasons.
l Although testimony indicated that some pamphlets were distributed to motels, l
restaurants and businesses by Mr. Muma and the Sheriff's office in Charlevoix County, only one or two motels had pamphlets in a survey of motels ay Mr. Bement.
Some businesses indicated they did not distribute pamphlets because of concern
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that distribution of infomation about possible emergencies would have a bad effect on their business.
(T. 846).
- 11. The inside of the back cover of the area telephone book contains some emergency infomation but this is not known to anyone unless the person has occasion to turn to the very last page of the telephone book.
Some motels do not have telephones and telephone books in the rooms.
12.
Licensee testified that it plans to distribute a new emergency planning pamphlet to residents within the five mile area by mailing copies to all such households.
(T. 1133). However, no written contract has been entered into for such mailing. As a result of Licensee's failure to ensure whether the 1981 pamphlet was actually distributed, a mere statement of intention to dis-tribute by mail is insufficient to assure distribution.
- 13. Distribution of the plan in the spring or fall will not reach seasonal residents.
Distribution in the winter will not reach summer only residents and in the summer will not reach winter only residents.
- 14. Licensee has no plans for a survey to detemine if area residents actually receive the pamphlets.
15 NUREG - 0654 II G.
public Education and Infomation provides:
2.
The public infomation program shall provide the pemanent and transient adult population within the plume exposure EPZ an adequate opportunity to become aware of the infomation annually. The programs should include provision for written material that is likely to be available in a residence during an emergency. Updated infomation shall be disseminated annually.
Signs or other measures...shall also be used to disseminate to any transient population within the plume exposure pathway EPZ appropriate infomation that would be helpful if an emergency or accident occurs.
. _ _ _ _ _ _ _ _. l This NUREG also prc~ ides that this responsibility is to be shared jointly by Licensee, the State and local government.
The responsibility for informational distribution is to be jointly shared between the Licenses, the State and the local area. In this instance, Licensee simply printed the brochure but took no responsibility for distribu-tion.
None of the responsible persons checked to see if the penphlet had ever been adequately distributed or if there were facilities for adequats distribution.
Licensee did not meet its responsibility under the NUREG.
Licensee is not p
relieved of responsibility for distribution of the pamphlet merely because it printed it.
16.
(a). The application for a license unendment should be denied i
because of Licensee's failure to meet the~ standards for distribution of information concerning emergency planning.
16.
(b). If the licensing Board does not der,y the application, i
conditions should be Lnposed requiring distribution of a new pamphlet no later than September 1.198 2.
Distribution shall be by mail to every household within five miles of the plant. In addition, copies should be distributed to all i
restaurants, motels, public offices and schools in Charlevoix and Ehmet counties every three months to ensure that they have an adequate supply on hand for distribution to the public. In addition, Licensee shall conduct a survey based on a valid statistical sample of five mile area population to determine whether j
i the distribution of pamphlets has reached the population.
B.
Education of Officials Concerning Radiation Exposure 17 The area emergency preparedness team has not received any briefing since 1980.
(T. 1081). There is no method for updating the i
-. _ _ _ _ _ _ _ training of emergency teams or other groups or of giving infomation to new members of these groups.
(T. 1082). Licensee had inadequate records as to which members of emergency preparedness teams and other officials had received training and which had.not.
(T. 1079, 1080, 1083). Training of the fire department personnel is voluntary and they need not attend.
(T. 1088).
Members of emergency teams are not trained by licensee in dangers of exposure to radiation.
(T. 1094). Many bus drivers involved in emergency evacuation plans have not received training.
(T. 951-53).
- 18. If the application is not denied, conditions should be imposed requiring Licensee to cor. duct regular training of emergency teams and public and school officials, to verify that such training actually takes place and to submit a detailed statement for staff approval of the training schedule, content of training programs and methods of record keeping and verification of training.
C.
Changes in Emergency Planning Pamphlet 19 Licensee plans to diftribute a pamphlet on emergency planning wnich will be the latest pamphlet for its Palisades Plant, modified for Big Rock Point.
Neither the Palisades pamphlet nor the revisions thereto have been subnitted to FEMA for review.
(T. 881-82).
20.
There is no specific phone number assigned to the emergency i
phone'ainks, so there is no such number in the pamphlet.
(T. 894-896).
Class nine accidents are not considered for emergency planning pur pses.
(T.1313).
The pamphlet doses of radiation assume no failure of containment.
(T. 1318).
'Ibe draft of the proposed pamphlet for Big Rock has a drawing showing a containment with concrete shielding.
The containment building at Big Rock has no such shielding.
(T. 1189).
21.
Licensee has agreed to make certain changes in the Palisades pamphlet for Big Rocks change the geographics to correspond to the Big Rock area; put the name of consumer power company on the inside front cover (T. 1297); add on pa6e 8 a " statement regarding the sensitivity of the develop-ing embryo and fetus and young children [to radiation] would be reflected in the pamphlet".
(T.1033,1297-1298); under "What if I am to evacuate" on p. 8 add "Under state and local protective action guidelines consideration will be given to advising children and pregnant women of early evacuation in view of the greater sensitivity of unborn and young children to radiation".
(T. 1033, 1306).
22.
The pamphlet should be simplified and elaborated upon.
It also should contain some explanation of Alpha, Beta and Gamma rays in the text.
(T. 1196).
23 If the license amendment is granted, a con 11 tion should be imposed to require inclusion in the emergency planning pamphlet of the changes specified in paragraphs 20-22 and the following additional changes related to radiation lazards.
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j The changes in the Palisades Emergency Preparedness Booklet (Licunseu exibit Hb> should be as follows:
I 1.
INSIDE THE FRONT COVER:
(lower part of the page): add "This booklet has been prepared and printed by Consumes Power Company I
with the co-oper'atton of the Emurgency Services Departments of Emmet and Charleviox Counties."
2.
PAGE FOUR, SECOND PARAGRAPH:
Delete the word "Even" and phraue " car'ety and medical experts believe that" and replace "mantmal" with " varying".
The first sentence of that paragraph would then read:
"If radioactive materials were to'te released by unforseen occurances, persons living near the Plant would be exposed to varying levels of radiation, if any."
3.
PAGE FIVE:
SECOND PARARAPH OF " LOCAL ALERT":
Delete the phraue "licten to the public address system" and replace it with "go inside".
The sentence then reads:
"If you hear any of these signalu, go inside and tune to local radio or television stations listed en Page 11 to learn what, if any, precautionary measures should be taken.
4.
PAGE EIGHT:
Along with inserting Emergency Planning Zone information, insert a f ter the third paragraph under "What if I am l
instructed to evacuate?" the following:
"Under state and local protective actions and guidelines, consideration will be given to advising children and pregnant women of early evacuation, in view of the greater sensitivity of unborn and young children to radiation."
5.
PAGE 14, FIGURE 1:
Insert " routinely" between words " people" and " receive" to read:
" Sources of radiation that people routinely receivu."
6.
PAGE 17:
At end of paragraph one under "How does radiation affect us?" insert the folloing sentence:
" Prolonged exposure to radiation from the sun prematurely ages and may cause some skin cancers."
7.
PAGE 18, FIRST HEADLINE:
Delete " nuclear medical practices" and insert "a normal lifetime?"
8.
PAGE 18, PARAGRAPH UNDER FIRST HEADLINE:
Delete everything a f ter " credible accident" and replace with "could be considerably larger than the amount normally received from backround and other routine radiation sources (Fig.
1).
However, there are many routine medical practices tr.at could expose people to even more radiatton than might be received from a credible accident."
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9.
PAGE 18, FIRST PARA 3RAPH UNDER "SHOULD WE BE CONCERNED ABOUT LOW-LELVEL RADIATION 7" Insert word " cumulative" between "the" and " radiation dose" to read:
"But is agrees that, to be on the safe side, adverse health effects should be assumed to be proportional to the curnulat ive radiat ion dose received until there is reliable evidence to the contrary."
10.
PAGE 21, PARAGRAPH UNDER "WHAT KIND OF RADIOACTIVE ELEMENTS WOULD BE RELEASED 9" PRECEDE PRESENT PARAGRAPH WITH "Radiactive materials inventory within a nuclear power plant is composed of many radioactive elements, some of which are radioactive for thousands of years.
The predominate radioactive elements are Xenon, Krypton, Iodine, Cesium, and Strontium."
Then pick up with the paragraph which already exists:
"Among t'he radioactive material released..."
11.
PAGE 21 GLOSSARY OF TERMS:
Containment Building will be changed to reflect Big Rock Point's facility, not Palisades.
12.
PAGE EIGHT, ADD TO FIRST PARAGRAPH:
" Recognizing that wind directions are subject to change periodically, evacuation pathways are also subject to change."
Respectfully submitted, 1At1A1
/
'De'nise Wiktor Herbert Semmel t
law Student Intern Attorney for Intervenors Antioch School of Law Christa-Maria, Mills and Bier Antioch School of Law 2633 16th St. N.W.
Washington, D.C.
20009 (202) 265-9500 CERTIFICATE OF SERVICE I hereby certify that the above Findin6s of Fact and Conclusions of Law were served on the attached list by United States Mail, postage paid, i
first class, on the 2nd day of July, 1982.
j Herbert Semmel'
Otomic Gafety and Licensing Board Pa rie l U. S.
Nuclear Regulatory commission Wahington, D. C.
20555 Peter D.
- bloch, Esq.,
Chairman Atomic Gafety and Licensing Board Panel U. G.
Nuclear Regulatory Commission Washinyton, D. C.
20555 Dr. Oscar 11. Paris Atoute Safety and Licensing Board Panel U. S.
Nuclear Regulatory Commission Washington D.C.
20555 Mr. Frederick J.
Shon Atomic Safety and Licensing Board Panel U. G.
Nuclear Regulatory Commission Washington D.C.
20555 Richard Goddard, Esq Counsel for NRC Staff U. C.
Nuclear Regulatory Commission Washington, D. C.
20555 Docketing and Service Section Office of the Secretany U. S.
Nuclear Regulatory Commission Washington D.C.
2055S Joseph Gallo, Esq.
Isham, Lincoln and Deale 1120 Conneticut Ave, N. W.
Guite 040 Wahington, D. C.
20036 Jon O'Neill, II Rout e C, Dox 44 Maplo City, MI 49664 Christa-Maria Rout e 2, Dox 108C Charleviox, MI 49720 i
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