ML20206U872
| ML20206U872 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 05/14/1999 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | Cullen S AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20206U878 | List: |
| References | |
| 2.206, NUDOCS 9905260044 | |
| Download: ML20206U872 (7) | |
Text
aseg\\
UNITED STATES y
g
]
NUCLEAR REGULATORY COMMIPSION WASHINGTON, D.C. 30086 4 001
\\*****)'
May 14, 1999 Mr. Scott Cullen l
Standing for Truth About Radiation 1
66 Newton Lane, Suite 2 P.O. Box 4206 East HamMon, NY 11937
Dear Mr. Cullen:
Your letters of April 14,1999, addressed to the Executive Director for Operations, Dr. William Travers, have been forwarded to my office for appropriate action. Several stakeholders, Standing for Truth About Radiation (STAR), the Nuclear Information Resource Service (NIRS),
New York State Senator Ken LaValle, and New York State Assembly memt;ers Fred Thiele and Patricia Acampora, have rsquested two separate actions under 10 CFR 2.206. You asked for expedited consideration for your requested actions due to the impending effort by Northeasi Utilities to restart Millstone Unit 2.
In your first petition request, you asked for three specific actions: that (1) NRC immediately suspend Northeast Utilities' license [s] to operate the Millstone Nuclear Power Station until there are reasonable assurances that adequate protective measures can and will be taken in the event of a radiological emergency at Millstone for Fishers Island, New York; (2) the operating license [s] should be suspended until such time as "a range of protective actions have been developed for the plume exposure pathway EPZ [ emergency planning zone) for emergency workers and the public;" and (3) these matters be the subject of a public hearing, with full opportunity for public comment. The basis for your requests is that the Millstone Nuclear Power Station is not in full compliance with the law. Specifically, you state that the site is in violation of 10 CFR 50.54(q) and 10 CFR 50.47 with regard to emergency planning requirements because Fishers Island, New York, located within the 10-mile EPZ for Millstone, has no functional emergency plan.
In your second petition request, you asked that the NRC institute a proceeding, pursuant to 10 CFR 2.202, to suspend the operating license [s] for the Millstone Nuclear Power Station until the facility is in full compliance with the law. Specifically, in your second petition request, you maintain that all of the regulatory listed factors, " demography, topography, land characteristics, access routes, and jurisdictional boundaries" are ignored in emergency planning for the Millstone Nuclear Power Station and as such constitute a violation of 10 CFR 50.54(q) and 10 CFR 50.47.
Your requests for the immediate suspension of the operating licenses for the Millstone Nuclear Power Station, Unit Nos. 2 and 3 are denied. As discussed with you during an April 27,199g, teleconference, this denial is based on NRC's finding regarding of the current state of emergency preparedness at Millstone. Title 10 of the Code of Federal Regulations Part a
50.54(s)(3) states that "[t]he NRC will base its finding [on the adequacy of emergency preparedness) on a review of the FEMA [ Federal Emergency Management Agency) findings and determinations as to whether State and local emergency plans are adequate and capable of 1
pD(
9905260044 990514 P
PDR ADOCK 05000336 9
PM 3
Wibfdk 04 Y{
S. Cullen being implemented, and on the NRC assessment as to whether the licensee's emergency plans are adequate and capable of being implemented."
FEMA inas found that the offsite radiological emergency response plans and procedures for the State of Connecticut and the affected localjurisdiction, including Fishers Island, New York, specific to the Millstone Nuclear Power Station, can be implemented and are adequate to provide reasonable assurance that appropriate measures can be taken to protect the health and safety of the public in the event of a radiological emergency at the site, as documented in the enclosed December 29,1997, letter from FEMA to the NRC. This letter forwarded FEMA's report on the August 21,1997, plume pathway and the October 8 - 10,1997, ingestion pathway exercises of the offsite radiological emergency plans for Millstone (Enclosure 2). Further, the NRC has found that the licensee's emergency plans provide an adequate basis for an acceptable state of onsite emergency preparedness in accordance with the requirements of 10 CFR 50.47(b) and Appendix E to 10 CFR Part 50 as documented in the NRC's letter to the licensee dated June 4,1998 (Enclosure 3).
In your petition request, your raise a concem with the evacuation of Fishers Island to New London, Connecticut, a direction closer to the site and to an area that may have already been affected by a radiological emergency at Millstone. Based on the information provided in your petition, there is no prima facie evidence that this protective action (evacuation to New London) will not provide an adequate level of protection to the public, and your petition did not identify any other information that would raise an immediate concern with the NRC's finding regarding the adequacy of emergency planning for Millstone. Therefore, the NRC has determined, based on a review of FEMA's findings and determinations on the adequacy of offsite emergency preparedness and on the NRC's assessment of the adequacy of onsite emergency preparedness, that there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency, and that there is insufficient evidence to grant your request to immediately suspend the operating licenses for Millstone Nuclear Power Station, Unit Nos. 2 and 3.
Your petition requests, however, do raise the potential that enhancements could be made to emergency planning for Millstone that could improve the protection of public health and safety.
As provided for by 10 CFR 2.206, the areas identified in your first petition request related to the adequacy of the evacuation and protective measures planning for Fishers Island will be evaluated within a reasonable time. FEMA has the primary responsibility for working with the state and local governments in evaluating offsite emergency planning. The NRC will request the assistance of FEMA in evaluating the potential enhancements identified in your petition request.
With regard to your request for an informal public hearing on these matters (in your first petition request), the NRC has denied this request. This denialis based on the NRC's current finding on the state of emergency preparedness for Millstone. The information you provided in your first petition did not identify deficiencies in offsite emergency preparedness that would preclude the implementation of adequate protective measures for the public in the event of a radiological emergency at Millstone and does not rise to the level of significance that justifies conducting an informal hearing on your petition request. Should the NRC determine that there exists a
l S.,Cullen deficiency in emergency planning for Millstone that is inconsistent with its current finding, the NRC will initiate action pursuant to 10 CFR 50.54(s)(2)(ii) to ensure adequate protective actions can and will be taken to protect public health and safety in the event of a radiological emergency.
The NRC determined that your second petition request for the NRC to initiate a proceeding, pursuant to 10 CFR 2.202, to suspend the operating licenses for Millstone did not satisfy the criteria for consideration as a 10 CFR 2.206 petition. Specifically, your second petition request did not contain sufficient facts to support your assertion that the referenced factors were ignored in emergency planning for Millstone and that, therefore, the licensee was operating the station in violation of its licenses. The fact that the entirety of Fishers Island is included in the 10-mile plume exposure EPZ indicates that the boundaries of the EPZ were determined taking the local conditions into consideration, as required by the regulations. In addition, your second petition request did not contain sufficient information warranting further inquisy by the NRC that would require that the 10-mile EPZ be expanded to include the eastem and of Long Island, New York.
The Commission has clearly defined the extent to which the NRC staff shall consider the referenced factors in changing the 10-mile EPZ. As discussed in the enclosed references (Enclosures 4 and 5), the Commission has given the NRC staff directions in response to requests to expand the 10-mile EPZ (as discussed in the February 16,1990, FederaI Register notice (55 FR 5603) denying a petition for rulemaking) and in a decision regarding emergency planning in support of issuance of the operating license for Shoreham Nuclear Power Station (26 NRC 383 (1987), CLI-87-12). The Commission indicated that the proper interpretation of the requirement for an EPZ of about 10 miles in radius would call for adjustments to the exact size of the EPZ on the basis of such straightforward administrative considerations as avoiding EPZ boundaries that run through the middle of schools or hospitals, or that arbitrarily carve out small portions of gevemmentaljurisdictions. This guidance clearly precludes the staff from arbitrarily changing the 10-mile EPZ without clear and convincing evidence that would suggest such a change is necessary. You provided no such evidence in your second petition request. On the above basis, the NRC has denied your request to initiate a proceeding pursuant to
~
10 CFR 2.202 to suspend the operating licenses for Milistone.
I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register (Enclosure 1) for publication. Also enclosed are the NRC's pamphlet NUREG/BR-0200, Rev. 2, "Public Petition Process," November 1998 (Enclosure 6), and NRC's Management Directive 8.1i, " Review Process for 10 CFR 2.206 Petitions" (Enclosure 7).
Although the NRC has denied your request to immediately suspend the operating licenses for Millstone Units 2 and 3, I want to assure you that the NRC, in coordination with FEMA, will pursue the resolution of the enhancements related to emergency preparedness for the Millstone station identified in your petition requests giving full consideration to your concems. I appreciate your willingness to bring your concems to the NRC's attention and would ask that if you have additional information warranting further NRC review of your petition requests, or feel the NRC has not properly characterized or considered your concems, to let me or my staff know.
~ ~ ~ ~ " ~ ^~
~
~ ' ~
_12:1_
(
S. Cullen 4
If you have any questions concerning this letter, please contact Mr. John A. Nakoski of my staff at 301-415-1278.
Sincerely, l
\\
l I
muc! J. kollins, Director Office of Nuclear Reactor Regulation
Enclosures:
(1) Federal Reoister Notice (2) Final Exercise Report, Millstone Nuclear Power Station, December 23,1997 (3) June 4,1998, Emergency Plan, Revision 24, Safety Evaluation (4) 55 FR 5603 (5) 26 NRC 383 (1987), CLI-87-12 (6) NUREG/BR-0200 (7) NRC Management Directive 8.11 cc: Licensee (w/ copy of incoming 2.206 request) & Service List 1
I
=~n._e,.
S. Cullsn May 14, 1999 If you have any questions concerning this letter, please contact Mr. John A. Nakoski of my staff at (301) 415-1278.
Sincerely, ORIGINAL SIGNED BY:
Samuel J. Collins, Director Office of Nuclear Reactor Regulation
Enclosures:
(1) Federal Reaister Notice (2) Final Exercise Report, Millstone Nuclear Power Station, December 23,1997 (3) June 4,1998, Emergency Plan, Revision 24, Safety Evaluation (4) 55 FR 5603 (5) 26 NRC 383 (1987), CLI-87-12 (6) NUREG/BR-0200 (7) NRC Management Directive 8.11 cc: Licensee (w/ copy of incoming 2.206 request) & Service List DOCUMENT NAME: star 2206r3.ack To receive e copy of this document, indicate in the boc "C" = Copy without enclosures "E" = Copy with enclosures "N" = N1 cop'r j
OFFICE PDI-2: Phi PDI-2:LA f Tech Ed lOyhfi PDI-2:SC LPEN:Dj DLP)LD/ ADPf:p [Nf3(CD NAME JNakoskiS TClar f(b T$(sig JClkl6rd EAMsam JZwaffhski BShi d3 8Collgw f
DATE f/ 6/99" 5 /13 /99
/
/99 6/13/99 5/(3 /99 6//V /99 i/ fl993 9 M99 4 / 4r/99
/
1
- See previous concurrence OFFICIAL RECORD COPY 4\\
/\\
b EDO #G19990201 Acknowledgment Letter dated: May 14. 1999 DISTRIBUTION:
tDocket Files (SO-336'&'56423Nvihidshi6gf EDO#G19990201 PUBLIC (w/ incoming letter) NRR MAIL ROOM (w/ incoming)
S. Collins /R. Zimmerman B. Sheron
- 4. Sabbaratnam (e-mail only RXS2)
W. Kane J. Zwolinski/S. Black v M. Boyle (e-mail only MLB4)
D. Dambly, OGC H. Miller, RI A. R. Blough, RI W. Travers F. Miraglia M. Knapp G. Caputo S. Burns J. Clifford J. Harrison J. Nakoski T. Clark OPA OCA q ",11 a
^{t
Millstone Nucle:r Pow:r St: tion Unit 2 cc:
Ms. L. M. Cuoco Ernest C. Hadley, Esquire Senior Nuclear Counsel 1040 B Main Street Northeast Utilities Service Company P.O. Box 549 P. O. Box 270 West Wareham, MA 02576 Hartford, CT 06141-0270 Mr. R. P. Necci Edward L. Wilds, Jr., Ph.D.
Vice President - Nuclear Oversight Director, Division of Radiation and Regulatory Affairs Department of Environmental Protection Northeast Nuclear Energy Company 79 Elm Street P. O. Box 128 Hartford, CT 06106-5127 Waterford, CT 06385 Regional Administrator, Region i Mr. J. T. Carlin U.S. Nuclear Regulatory Commission Vice President - Human Services 475 Allendale Road Northeast Utilities Service Company King of Prussia, PA 19406 P. O. Box 128 Waterford, CT 06385 First Selectmen Town of Waterford Mr. Allan Johanson, Assistant Director 15 Rope Ferry Road Office of Policy and Management Waterford, CT 06385 Policy Development and Planning Division Mr. Wayne D. Lanning, Director 450 Capitol Avenue - MS# 52ERN Millstone inspections P. O. Box 341441 Office of the Regional Administrator Hartford, CT 06134-1441 475 Allendale Road King of Prussia, PA 19406-1415 Mr. M. H. Brothers Vice President - Millstone Operations Charles Brinkman, Manager Northeast Nuclear Energy Company Washington Nuclear Operations P.O. Box 128 ABB Combustion Engineering Waterford, CT 06385 12300 Twinbrook Pkwy, Suite 330 Rockville, MD 20852 Mr. J. A. Price Director-Unit 2 Operations Senior Resident inspector Northeast Nuclear Energy Company Mi!! stone Nuclear Power Station P.O. Box 128 clo U.S. Nuclear Regulatory Commission Waterford, CT 06385 P.O. Box 513 Niantic, CT 06357 Mr. L. Olivier Senior Vice President and Chief Mr. F. C. Rothen Nuclear Officer-Millstone Vice President - Nuclear Work Services Northeast Nuclear Energy Company i
Northeast Utilities Service Company P.O. Box 128 P. O. Box 128 Waterford, CT 06385 Waterford, CT 06385 i
i
Millstone Nucle r Pow:r St tian Unit 2 cc:
Citizens Regulatory Commission ATTN: Ms. Susan Perry Luxton Ms. Nancy Burton 180 Great Neck Road 147 Cross Highway Waterford, CT 06385 Redding Ridge, CT 00870 Deborah Katz, President l
Citizens Awareness Network P. O. Box 83 Shelbume Falls, MA 03170 Ms. Terry Concannon Co-Chair Nuclear Energy Advisory Council Room 4100 Legislative Office Building Capitol Avenue Hartford, CT 06106
' Mr. Evan W. Woollacott Co-Chair Nuclear Energy Advisory Council 128 Terry's Plain Road Simsbury, CT 06070 Little Harbor Consultants, Inc.
Millstone -ITPOP Project Office P. O. Box 0630 Niantic, CT 06357-0630 Attomey Nicholas J. Scobbo, Jr.
Ferriter, Scobbo, Caruso, Rodophele, PC 1 Beacon Street,11th Floor Boston, MA 02108 Mr. D. B. Amerine Vice President - Engineering Services Northeast Nuclear Energy Company P. O. Box 128 Waterford, CT 06385
)
Mr. D. A. Smith Manager-Regulatory Affairs Northeast Nuclear Energy Company P. O. Box 128 Waterford, CT 06385
-