ML20058D642

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Denies 911030 Petition Requesting Commission to Reconsider Its 910730 Approval of Task Force Recommendation That NRC Not Reconsider Its Reasonable Assurance Finding Re EP at Plant
ML20058D642
Person / Time
Site: Pilgrim
Issue date: 11/19/1993
From: Murley T
Office of Nuclear Reactor Regulation
To: Fleming J
AFFILIATION NOT ASSIGNED
Shared Package
ML20058D646 List:
References
CON-#394-14479 2.206, NUDOCS 9312030241
Download: ML20058D642 (28)


Text

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,4 UNITED STATES

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November 19, 1993

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Docket No. 50-293 10 CFR 2.206 i

Hs. Jane Fleming 8 Oceanwood Drive Duxbury, Massachusetts 02338

Dear Ms. Fleming:

In your petition presented on October 30, 1991, you asked the Commission to reconsider its July 30, 1991, approval of the task force recommendation that the NRC not reconsider its reasonable assurance finding regarding emergency preparedness at Pilgrim Nuclear Power Station.

You also requested that the Commission set the "120 day clock."

By letter of November 21, 1991, I informed you that your requests would be considered for action pursuant to Section 2.206 of Title 10 of the is of Federal Regulations (10 CFR 2.206).

You elleged, as bases for these requests, that emergency planning for Pilgrim Station violates 10 CFR 50.47 and is not in accordance with NUREG-0654,

" Criteria for Preparation and Evalulation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants." You gave the following 10 reasons for your belief that the finding of reasonable assurance should be reversed:

(1) the reception center to the north is not adequate, (2) transportation is not adequate, (3) monitoring of school children is not adequate, (4) monitoring of handicapped is not adequate, (5) decontamination of handicapped is non-existent, (6) planning for evacuation of Saguish-Gurnet and Clark's Island is not adequate, (7) interfacing of plans is not adequate, (8) public information is not adequate, (9) direct torus vent interfacing with emergency planning issues is not resolved, and (10) congregate care facilities are not under agreement.

You further asserted, among other matters, that the task force did not properly achieve the goals set out in its charter, that the task force was disbanded before it made any final recommendation, that the task force ignored established NRC policy, that the Commission overlooked areas of concern, and that the Commission's approval could not properly have been based on the findings provided by the task force.

On November 7,1991, you telephoned David Trimble of former Commissioner Curtiss' staff to raise a new concern about the egress route from Saquish-Gurnet.

In addition, you telefaxed to Mr. Trimble a copy of your comments on the State's preparations for the graded exercise scheduled at Pilgrim for December 12, 1991.

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9312030241 931119 E

PDR ADOCK 05000293 I

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Ms. Jane Fleming November 19, 1993 You expressed to Mr. Trimble a belief that the comments on the planned graded exercise were relevant to the issues raised in your petition.

I have treated the information that you supplied to Mr. Trimble as a supplement to your petition and have considered this material in preparing my response to the petition.

On November 15, 1991, you forwarded to William M. Hill, Jr., of the Commission's Office of the Secretary, a copy of a memorandum from Grant C.

Peterson, Associate Director for State and Local Programs, Federal Emergency Management Agency (FEMA), to Russell F. Miller, Inspector General of FEMA concerning your complaint to FEMA regarding the Pilgrim Offsite Emergency l

Preparedness task force.

In a cover note to Mr. Hill, you expressed the belief that the information you were supplying supported the position taken in your petition.

I have treated that material as the second supplement to your petition and have considered this material in preparing my response to the l

petition.

In an unsigned letter marked DRAFT, dated May 1, 1992, to Chairman Selin you addressed two items, which you characterized as updates to your petition. The first relates to your understanding of Boston Edison Company (BECo) efforts to secure letters of agreement or signatures verifying agreements from all emergency planning support groups. As stated on page 27 of the enclosed

" Director's Decision under 10 CFR 2.206" (hereinafter Decision), the U.S.

Nuclear Regulatory Commission (NRC) and FEMA do not discourage agencies or support organizations from extending their planning and preparedness as far as they deem prudent and practicable, which may include agreements and i

arrangements beyond those specifically described in the Federal regulations and guidance.

However, such actions and measures are not considered necessary or essential to adequate radiological emergency planning and preparedness.

Your second item addressed improvements in communication between onsite and offsite organizations. This item is not related to your petition; however, it is being addressed and resolved through the NRC inspection process.

The pertinent NRC inspection report will be made available to the public when issued.

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During the last 2 years, since you formally submitted your petition in 1991, the NRC staff has maintained an informal dialogue with you regarding emergency i

preparedness for the Pilgrim Nuclear Power Plant. During this period, the staff has also shared with FEMA the information you provided pertaining to State and local emergency plans and preparedness. As you know, emergency l

preparedness is not static. On the contrary; it involves continuous changes 2

in people, places, facilities, arrangements, etc. Accordingly, the NRC staff remains interested ar.d rereptive to pertinent information that you might provide, from time to time, concerning such matters.

Notwithstanding such ongoing communications, I am formally responding with a decision on your original petition, as amended, pursuant to 10 CFR 2.206.

I

Ms. Jane Fleming November 19, 1993 With regard to 10 CFR 2.206, the Commission believes it is time to evaluate this petition process and determine whether any changes should be made. This evaluation is consistent with current Commission efforts to enhance public participation in its decision making process.

I note that you are aware of this initiative and had personally participated in NRC's public workshop on Section 2.206 petitions, held in July 1993. W2 appreciate your participation in these Commission activities and your continued interest in our regulatory programs and process.

The staff has reviewed the information you have provided and has concluded its evaluation of your petition.

For the reasons stated in the Decision, your petition is denied.

I have enclosed a copy of the Decision.

The staff will file a copy of this Decision with the Office of the Secretary for the Commission to review in accordance with 10 CFR 2.206(c).

As stated in 10 CFR 2.206(c), this Decision will become the final action of the Commission in 25 days, unless the Commission decides to review the Decision within that time. A related notice has also been filed with the Office of the Federal Register for publication.

Sincerely, Thomas E. Murley, Directo Office of Nuclear Reactor Regulation

Enclosures:

1.

Director's Decision DD-93-17 2.

Federal Reaister Notice cc:

Boston Edison Company

Ms. Jane Fleming Pilgrim Nuclear Power Station i

cc:

Mr. Edward S. Kraft, Vice President Mr. H. Vernon 0heim i

of Nuclear Operations and Manager, Reg. Affairs Dept.

i Station Director Pilgrim Nuclear Power Station j

Pilgrim Nuclear Power Station RFD #1 Rocky Hill Road RFD #1 Rocky Hill Road Plymouth, Massachusetts 02360 Plymouth, Massachusetts 02360-Ms. David F. Tarantino Resident Inspector Nuclear Information Manager U. S. Nuclear Regulatory Commission Pilgrim Nuclear Power Station Pilgrim Nuclear Power Station RFD #1, Rocky. Hill Road Post Office Box 867 Plymouth, Massachusetts 02360 Plymouth, Massachusetts 02360 l

Mr. A. David Rodham, Director Chairman, Board of Selectmen Massachusetts Emergency Management Town Hall Agency 11 Lincoln Street 400 Worcester Road Plymouth, Massachusetts 02360 P. O. Box 1496 Framingham, Massachusetts 01701-0317 Office of the Commissioner ATTN: James Muckerheide Massachusetts Department of Environmental Protection Chairmen, Citizens Urging l

One Winter Street Responsible Energy o

Boston, Massachusetts 02108 P. O. Box 2621 Duxbury, Massachusetts 02331 Office of the Attorney General One Ashburton Place Citizens at Risk 20th Floor P. O. Box 3803 Boston, Massachusetts 02108 Plymouth, Massachusetts 02361 i

Mr. Robert M. Hallisey, Director W. S. Stowe, Esquire 4

Radiation Control Program Boston Edison Company Massachusetts Department of 800 Boylston St., 36th Floor Public Health Boston, Massachusetts 02199 l

305 South Street Jamaica Plain, Massachusetts 02130 Mr. Thomas Rapone Secretary of Public Safety Chairman, Board of Selectmen Executive Office of Public Safety Town Hall One Ashburton Place Main Street Plymouth, Massachusetts 02108 Carver, Massachusetts 02330 Chairman, Board of Selectmen Town Hall, Main Street l

870 Moraine Street j

Marshfield, Massachusetts 02360 l

Fire Chief Carl O'Neill P. O. Box 1153 l

Fire Department Headquarters Duxbury, Massachusetts 02331-1153 i

Ms. Jane Fleming cc:

Chairman, Board of Selectmen Town House 23 Green Street Kingston, Massachusetts 02364 Chairman, Board of Selectmen Town Hall Bridgewater, Massachusetts 02324 Mr. Craig S. Wingo Assistant Associate Director Office of Natural and Technological Hazards Federal Emergency Management Agency Washington, D.C. 20472 Civil Defense Director 15 Summer Street City Hall Taunton, Massachusetts 02780 Mr. Richard H. Strome, Regional Director Federal Emergency Management Agency Region I 442 J. W. McCormack, POCH Boston, Massachusetts 02109 i

Chairman, Board of Selectmen Town Hall I

878 Tremont Street 4

Duxbury, Massachusetts 02332 i

Regional Administrator, Region I l

U. S. Nuclear Regulatory Commission 475 Allendale Road i

King of Prussia, Pennsylvania 19406 j

Mr. Paul J. Hamilton i

Licensing Division Manager Boston Edison Company 25 Braintree Hill PARK Braintree, Massachusetts 02184

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DD-93-17 DISTRIBUTION:

Docket File-NRC/ Local PDRs EDO#007158 EDO Reading J. Taylor T. Murley/F. Miraglia L. J. Callan, Acting i

S. Varga J. Calvo W. Butler S. Little t

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OPA OCA NRR Mail Room (ED0#007158)

PDI-3 Reading V. Yanex (2)

C. Cater, SECY i

M. Malsch, 0GC J. Goldberg, OGC ASLBP S. Burns, OCAA ACRS (10)

J. Linville, RI r

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