ML20071L991

Responds to Outlining Specific Proposals for Ameliorating Facility Offsite Preparedness Situation & Views on Emergency Preparedness Regulation.Fema Will Assist in Improving Federal Laws Re Emergency Preparedness

ML20071L991
Person / Time
Site:	Indian Point
Issue date:	05/25/1983
From:	Giuffrida L Federal Emergency Management Agency
To:	Cuomo M NEW YORK, STATE OF
References
NUDOCS 8305310049
Download: ML20071L991 (4)

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/! GGT y Federal Emergency Management Agency G! Washington, D.C. 20H2

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May 25,19 I 27 rgg [S ,

Honorable Mario N. Cuomo \ p/ l Governor of New York D, !%DE

rf3,,, v Albany, New York 12224  % , Pii@ .

Dear Governor Cuomo:

hh' Your letter of May 23, 1983, outlining your specific proposals for ameliorating the Indian Point offsite preparedness situation and your general views on regulation of emergency preparedness have been most helpful. Because of the sense of urgency created by the Nuclear Regulatory Commission's deadline of June 9,1983, and the uncertainties that possible closure of the plants would potentially pose for the citizens of your State, I have directed my staff to give the matters contained in your letter priority attention.

.C ' : C" It is most gratifying to all of us at the Federal Emergency Management Agency (FEMA) who are involved in working on offsite preparedness at

'"i Indian Point to see the willingness and determination of the State to resolve the remaining deficiencies. Your own willingness to lend your personal leadership to this effort is most commendable and deserves full support.

You indicate in your letter that you anticipate Rockland County will submit a revised plan for review by the end of 1983. This plan, if it contains the necessary components, should result in an effective enhancement of offsite preparedness at Indian Point. Your offer of substantial State compensatory capability, coupled with State command and control resources during the interim for the Rockland County portion of the response, is an imaginative and bold approach. FEMA will fully review this methodology on an expedited basis and will promptly report its findings to the Nuclear Regulatory Commission. As discussed with your staff, this approach could provide an adequate basis for offsite preparedness in Rockland County.

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Events at Indian Point do indicate that further delineation of regulatory responsibility between Federal agencies is desirable. I am pleased to inform you that FEMA will gladly take part in efforts to clarify and improve Federal laws and regulations relating to emergency preparedness.

'le believe it would be useful for this Agency to actively participate in such discussions. Our goal is an adequate level of offsite preparedness at all operating nuclear power plants, and we want to be certain our approach to regulation aids rather than hinders this effort.

8305310049 830525 PDR ADOCK 05000247 C

Sincerelv U PDR .

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ouis 0. aiuff .d j

Director

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- C@%rPdI@'b]? , 25 ai s317 '~ 37 STATE or NEW YORK ExccuTivc CH Aweca Ale ANY 12 2 2 4 MAN:o M. Cuomo m, ., . . o .,

my 25,1983

Dear Mr. Giuffrida:

I have reviewed carefully the cirremstances surroundir.g the questions affecting the future operation of the Indian Point reactors and concur that additional actions rust be undertaken to satisfy the c5ndate placed upon you by the President's Executive Order of December 7,1979 and implemented in the Mev.orandum of Understanding of Hovember 4,1950 between FEM and the NRC (published at 45 F.R. 827E, December 16, 1950). I do not believe, however, that these mandates can in fact be realistically ret on a pemanent basis without integrated participation of the federal goVEracSnt, the state, the local governments, and utility.

The utilities have con =:itted themselves to making available their resources to the state and local government to address the deficiencies identified by FEM, k'estchester County is proceeding expeditiously to remedy the cited difficulties for the evacustion by bus drivers. Rockland County is continuing its good f aith efforts to complete its revised plan and to have it available for FEM review by the end of the year, ,

T  ! am prepared to work with the utilities at Indian Point and to offer assistance thecugh the State Disaster Prep & redness Comission during an interim period while Rockland County ccepletes its process and while the Federal C-Overnment begins to address its own responsibility for dissster prepareccess.

Our discussions with your representatives have led the-a to conclude that the state personnel originally designated to cogensate for Rockland County's non,-participation would be sufficient to iddress the comand and centrol responsibilities for effective implementation of the plan. The technical adequacy, the resource comitment, and the legal authority are all to be encompassed within the plan currently under discussion with your regicnal personnel.

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2-Tne events at Indian Point clearly demonstrate the inadecuacies and vecaries of current regulatcry responsibilities. Federal responsibility for the developant and implementation of ade:;uate of f-site preparedness plans at nuclear reactors, not cnly in New York State but throughout the country I cannot be limit'ed solely to its regulatory authority over the licensee., The i

I residents of the areas surrounding nuclear power plents should not be the hostages of the licensee, nor should the licensees be the hostages cf the l ocalities. It is my strong belief that it is unreasonable to seek to address the public problems created by nuclear power plants, which are liesnsed exclusively by federal authorities, without the full participation of that federal gcverrrent. -

To insure that the protections provided by government are indeed appropriate, I would urge you to join.me in seeking a clearer deitneation of the exercise of our respective responsibilities. I would ask that you encourage Congress and the Executive Agencies to consider the following:

1. The development of a plan for direct federal participation and involve =nt in the implementation of esercency planning process.

I believe that a dedicated cadre of trained personnel is the best method of assuring effective implementation of any evacuation p1an.

2. The development of regicnally based, specially trained radiological response tea.ms to provide comand and control support to the states in responding to radiological e=ergencies.

These teams should include individuals with knowledce and experience in n:aking decisions for protective actioEs.

J. 3. The implemntation of the recccr.endations contain5d in NRC's 1979 y report, "Beyond Defense In Depth" for the development of a federal fur.d -- the Padiolocical bergency Response Flan and preparednsss Fund, to provide the necessary resourres to State and local governments to provide their own dedicated forces.

These rescurces should be provided out of a federal distribution of funds so that the indirect tax of utility rate increases required by new federal policies does not adversely impact or disadvantage one locality. -

4 .' Tne passage of legislation to address the anomalies created by the withdrawal of one locality frc= participation in the rectired planning and preparedness activities. To fail to do'so is to leave in place an unclear federal policy and to contribute to the annet1es 1 rd us try.

or the resicents and to the uncertaintics of the

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3-I know that you share with r.:e a concern for the effectiveness of any

- The problem is a national one and de:aands a emergency planning process.I would ask that you join with se in seeking a national solution.

coc:arehensive national resolution to the complexitiesSenator end uncertainties Alan Simpson, confronted by states, the localities and utilities.

Concressmen Horris Udall and Richard Ottinger and the Secretary of Energy, Donaid Hodel, have already acknowledged the urgency of addressing this national issue and I know they would welcome your support as well.

I look forward to an affircation of the need of the federal goverrcent's extension of its responsibility beyond the current uncoordinated regu'latory process.

1. ncerely,

- h&J41.

hano H. Cuomo w

Governor Mr. Louis 0. Giuf frida Di rector Federal Emergency Management Agency 500 C Street

, Washington, D.C. 20472 .

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