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{{#Wiki_filter:EDO Principal Correspondence Control FROM: DUE: 08/16/11 Representative Nita M. Lowey EDO CONTROL: G20110552 DOC DT: 07/21/11 FINAL REPLY: TO: Chairman Jaczko FOR SIGNATURE OF :** PRI **CRC NO: 11-0432 Chairman Jaczko DESC: ROUTING: Indian Point Safety Concerns (EDATS: SECY-2011-0430)
Borchardt Weber Virgilio Ash Mamish OGC/GC Leeds, NRR Wiggins, NSIR Dean, RI Burns, OGC Schmidt, OCA DATE: 07/28/11 ASSIGNED TO: EDO CONTACT: Rihm SPECIAL INSTRUCTIONS OR REMARKS: Please prepare response in accordance with OEDO Notice 2009-0441-02 (ML093290179).
NRR, NSIR and Region I to provide input to Roger Rihm, OEDO, if required.
Roger Rihm will coordinate response with OGC and OCA.1V-kok I g~ -Vý '-ý k--,, Elf (bS `ECV-61 EDATS Number: SECY-2011-0430 Source: SECY Genra Ifomaio Assigned To: OEDO Other Assignees:
==Subject:==
Indian Point Safety Concerns
== Description:==
OEDO Due Date: 8/16/2011 11:00 PM SECY Due Date: 8/18/2011 11:00 PM CC Routing: NRR; NSIR: Regioni: OGC: OCA ADAMS Accession Numbers -Incoming:
NONE Response/Package:
NONE I Ohe InomtnI Cross Reference Number: G201 10552, LTR-I 1-0432 Related Task: File Routing: EDATS Staff Initiated:
NO Recurring Item: NO Agency Lesson Learned: NO OEDO Monthly Report Item: NO I Poes Inomtn II Action Type: Letter Priority:
MediumL Sensitivity:
None Signature Level: Chairmnan Jaczko Urgency: NO Approval Level: No Approval Required OEDO Concurrence:
YES OCM Concurrence:
NO OCA Concurrence:
NO Special Instructions:
Please prepare response in acordance with OEDO Notice 2009-0441-02 (ML093290179).
NRR, NSIR and Region I to provide input to Roger Rihm, OEDO, if required.
Roger Rihm will coordinate response with OGC and OCA.I DocmentInomtn Il Originator Name: Representative Nita M. Lowey Originating Organization:
Congress Addressee:
Chairman Jaczko Incoming Task Received:
Letter Date of Incoming:
7/21/2011 Document Received by SECY Date: 7/28/2011 Date Response Requested by Originator:
NONE Page 1 of I OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Pritited:
Jul 28, 2011 08:34 PAPER NUMBER: ACTION OFFICE: LTR-1 1-0432 EDO LOGGING DATE: 07/25/2011 AUTHOR: AFFILIATION:
ADDRESSEE:
==SUBJECT:==
ACTION: DISTRIBUTION:
LETTER DATE: ACKNOWLEDGED SPECIAL HANDLING: REP Nita Lowey CONG Gregory Jaczko Concerns Indian Point Signature of Chairman RF, OCA to Ack 07/21/2011 No Commission Correspondence NOTES: FILE LOCATION: ADAMS 08/18/2011 DATE DUE: DATE SIGNED: EDO --G20110552 I : ..;, ,'I lli HVA ' I~iJ ,I: I I.,.-., I .***I,' , i A .>: ! .... : N:,?.'.-,..r'
, 11 1ir v "t H:, ."C. .111 ": 0' t" t 2 , , IZ'S-3 tC 1;.I f:* I Z III* .. , ...* .IA- :. ,-1 4/I .]l i July 21, 2011 Chairman Gregory B. Jaczko U.S. Nuclear Regulatory Commission Mail Stop O-16G4 Washington, DC 20555-0001
==Dear Chairman Jaczko:==
The safety of nuclear power plants relies on adherence to Nuclear Regulatory Cormnission regulations and a well-trained security force. I amn deeply concerned about information my office has received indicating the Resident Inspectors at Indian Point may be aware of and have failed to address security and regulatory failures, giving deference instead to Entergy practices.
Several Indian Point employees feel they have no credible authority to whom they can identify workplace health concerns and potential security failures.
Further, they believe that any information provided to the Resident Inspectors could be used as a basis for retaliation.
Training Some employees indicate they are yet to be properly trained on the ARINC security system, which went online February 17, 2011, hours before the NRC's deadline.
I have received allegations that Indian Point employees who informed a Resident Inspector that guards had not been trained on the system and were not able to protect against threats were told the lack of training would be addressed the next morning, after the system was instituted.
Such a decision would have left Indian Point at risk of attack with a security force unable to properly measure and combat threats to the perimeter of the facility.Occupational Safety Additionally, I am concerned that 53 FR 43950 (the October 31, 1988 Memorandum of Understanding (MOU) Between the Nuclear Regulatory Commission and the Occupational Safety and Health Administration; Worker Protection at NRC-licensed Facilities) has left confusion between the NRC and OSHA regarding workplace safety responsibilities, and that critical nuclear security violations may be missed due to bureaucratic processes.
The MOU states that "Both the NRC and OSHA have jurisdiction over occupational safety and health at NRC-licensed facilities" and that the NRC's responsibilities include "protecting the public health and safety; protecting the enviromnent; protecting and safeguarding materials and plants in the interest of national security." r.1j. 1. 1 -I I ý:: -, 1, .. I :
My office has received complaints that facilities on Indian Point grounds, such as the Simulator building, have been without working HVAC systems or wvindows to provide ventilation.
During our tour on May 10"', 2011, a cool spring day, we noted the heat in the Simulator building.
Now, with summer temperatures above 90 degrees Fahrenheit, conditions inside the Simulator building are unworkable.
While I am pleased that Entergy officials responded when my office contacted the company about these allegations, I remain concerned that Indian Point employees indicate persistent failurc by NRC and OSHA to address such complaints, which would pose a direct threat to the security officers' abilities to protect the facility.
If employees are working in unhealthy conditions, they cannot properly protect or learn to plrotect against threats. Though I understand repairs are scheduled, it is shocking that Indian Point employees have been training and assigned in these facilities.
Furthermore, I have been told the Bullet Resistant Enclosures (BREs), which house on-duty security officers, often leak water, are contaminated with mold, and provide no cooling or HVAC system to ventilate, cool, or filter the air. Under the MOU, these threats to health, safety, and national security are clearly within the jurisdiction of the NRC. There must be a clearer chain of command to adequately address basic health and safety concerns of security personnel.
Regulatory Exemptions Finally, on our May 10"' tour, I was assured that I would be provided information about regulatory exemptions provided to Indian Point. Despite continued requests from mly staff, this information has not been provided by the NRC.A list of exemptions granted to Indian Point should be readily available, and I hope this delay does not rellect the NRC's inability to track them due to an excessively high volume of exemptions or a desire to withhold health and safety exemptions related to the concerns I have outlined.
Information on cxemptions, including the total number requested, granted, and a summary of each exemption provided to Entergy for the operation of the Indian Point facility, should be delivered to my office without delay.The safety and security of New Yorkers is my primary concern. With such a critical role in that effort, I hope the NRC will be more cooperative in addressing these serious concerns about the ability of Indian Point security personnel to carry out thcir jobs. We simply cannot allow those who live in the New York metropolitan area to be susceptible to avoidable risks.Sincerely, Nita M. Lowvey Member of Congress}}

Revision as of 13:37, 4 August 2018

G20110552/LTR-11-0432/EDATS: SECY-2011-0430 - Ltr. Nita Lowey Indian Point Safety Concerns
ML11210B422
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 07/21/2011
From: Lowey N M
US Congress, US HR (House of Representatives), US SEN (Senate)
To: Jaczko G B
NRC/Chairman
Shared Package
ML11228A269 List:
References
EDATS: SECY-2011-0430, G20110552, LTR-11-0432, SECY-2011-0430, CORR-11-0103, SECY-017
Download: ML11210B422 (5)
v • d • e


Text

EDO Principal Correspondence Control FROM: DUE: 08/16/11 Representative Nita M. Lowey EDO CONTROL: G20110552 DOC DT: 07/21/11 FINAL REPLY: TO: Chairman Jaczko FOR SIGNATURE OF :** PRI **CRC NO: 11-0432 Chairman Jaczko DESC: ROUTING: Indian Point Safety Concerns (EDATS: SECY-2011-0430)

Borchardt Weber Virgilio Ash Mamish OGC/GC Leeds, NRR Wiggins, NSIR Dean, RI Burns, OGC Schmidt, OCA DATE: 07/28/11 ASSIGNED TO: EDO CONTACT: Rihm SPECIAL INSTRUCTIONS OR REMARKS: Please prepare response in accordance with OEDO Notice 2009-0441-02 (ML093290179).

NRR, NSIR and Region I to provide input to Roger Rihm, OEDO, if required.

Roger Rihm will coordinate response with OGC and OCA.1V-kok I g~ -Vý '-ý k--,, Elf (bS `ECV-61 EDATS Number: SECY-2011-0430 Source: SECY Genra Ifomaio Assigned To: OEDO Other Assignees:

Subject:

Indian Point Safety Concerns

Description:

OEDO Due Date: 8/16/2011 11:00 PM SECY Due Date: 8/18/2011 11:00 PM CC Routing: NRR; NSIR: Regioni: OGC: OCA ADAMS Accession Numbers -Incoming:

NONE Response/Package:

NONE I Ohe InomtnI Cross Reference Number: G201 10552, LTR-I 1-0432 Related Task: File Routing: EDATS Staff Initiated:

NO Recurring Item: NO Agency Lesson Learned: NO OEDO Monthly Report Item: NO I Poes Inomtn II Action Type: Letter Priority:

MediumL Sensitivity:

None Signature Level: Chairmnan Jaczko Urgency: NO Approval Level: No Approval Required OEDO Concurrence:

YES OCM Concurrence:

NO OCA Concurrence:

NO Special Instructions:

Please prepare response in acordance with OEDO Notice 2009-0441-02 (ML093290179).

NRR, NSIR and Region I to provide input to Roger Rihm, OEDO, if required.

Roger Rihm will coordinate response with OGC and OCA.I DocmentInomtn Il Originator Name: Representative Nita M. Lowey Originating Organization:

Congress Addressee:

Chairman Jaczko Incoming Task Received:

Letter Date of Incoming:

7/21/2011 Document Received by SECY Date: 7/28/2011 Date Response Requested by Originator:

NONE Page 1 of I OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Pritited:

Jul 28, 2011 08:34 PAPER NUMBER: ACTION OFFICE: LTR-1 1-0432 EDO LOGGING DATE: 07/25/2011 AUTHOR: AFFILIATION:

ADDRESSEE:

SUBJECT:

ACTION: DISTRIBUTION:

LETTER DATE: ACKNOWLEDGED SPECIAL HANDLING: REP Nita Lowey CONG Gregory Jaczko Concerns Indian Point Signature of Chairman RF, OCA to Ack 07/21/2011 No Commission Correspondence NOTES: FILE LOCATION: ADAMS 08/18/2011 DATE DUE: DATE SIGNED: EDO --G20110552 I : ..;, ,'I lli HVA ' I~iJ ,I: I I.,.-., I .***I,' , i A .>: ! .... : N:,?.'.-,..r'

, 11 1ir v "t H:, ."C. .111 ": 0' t" t 2 , , IZ'S-3 tC 1;.I f:* I Z III* .. , ...* .IA- :. ,-1 4/I .]l i July 21, 2011 Chairman Gregory B. Jaczko U.S. Nuclear Regulatory Commission Mail Stop O-16G4 Washington, DC 20555-0001

Dear Chairman Jaczko:

The safety of nuclear power plants relies on adherence to Nuclear Regulatory Cormnission regulations and a well-trained security force. I amn deeply concerned about information my office has received indicating the Resident Inspectors at Indian Point may be aware of and have failed to address security and regulatory failures, giving deference instead to Entergy practices.

Several Indian Point employees feel they have no credible authority to whom they can identify workplace health concerns and potential security failures.

Further, they believe that any information provided to the Resident Inspectors could be used as a basis for retaliation.

Training Some employees indicate they are yet to be properly trained on the ARINC security system, which went online February 17, 2011, hours before the NRC's deadline.

I have received allegations that Indian Point employees who informed a Resident Inspector that guards had not been trained on the system and were not able to protect against threats were told the lack of training would be addressed the next morning, after the system was instituted.

Such a decision would have left Indian Point at risk of attack with a security force unable to properly measure and combat threats to the perimeter of the facility.Occupational Safety Additionally, I am concerned that 53 FR 43950 (the October 31, 1988 Memorandum of Understanding (MOU) Between the Nuclear Regulatory Commission and the Occupational Safety and Health Administration; Worker Protection at NRC-licensed Facilities) has left confusion between the NRC and OSHA regarding workplace safety responsibilities, and that critical nuclear security violations may be missed due to bureaucratic processes.

The MOU states that "Both the NRC and OSHA have jurisdiction over occupational safety and health at NRC-licensed facilities" and that the NRC's responsibilities include "protecting the public health and safety; protecting the enviromnent; protecting and safeguarding materials and plants in the interest of national security." r.1j. 1. 1 -I I ý:: -, 1, .. I :

My office has received complaints that facilities on Indian Point grounds, such as the Simulator building, have been without working HVAC systems or wvindows to provide ventilation.

During our tour on May 10"', 2011, a cool spring day, we noted the heat in the Simulator building.

Now, with summer temperatures above 90 degrees Fahrenheit, conditions inside the Simulator building are unworkable.

While I am pleased that Entergy officials responded when my office contacted the company about these allegations, I remain concerned that Indian Point employees indicate persistent failurc by NRC and OSHA to address such complaints, which would pose a direct threat to the security officers' abilities to protect the facility.

If employees are working in unhealthy conditions, they cannot properly protect or learn to plrotect against threats. Though I understand repairs are scheduled, it is shocking that Indian Point employees have been training and assigned in these facilities.

Furthermore, I have been told the Bullet Resistant Enclosures (BREs), which house on-duty security officers, often leak water, are contaminated with mold, and provide no cooling or HVAC system to ventilate, cool, or filter the air. Under the MOU, these threats to health, safety, and national security are clearly within the jurisdiction of the NRC. There must be a clearer chain of command to adequately address basic health and safety concerns of security personnel.

Regulatory Exemptions Finally, on our May 10"' tour, I was assured that I would be provided information about regulatory exemptions provided to Indian Point. Despite continued requests from mly staff, this information has not been provided by the NRC.A list of exemptions granted to Indian Point should be readily available, and I hope this delay does not rellect the NRC's inability to track them due to an excessively high volume of exemptions or a desire to withhold health and safety exemptions related to the concerns I have outlined.

Information on cxemptions, including the total number requested, granted, and a summary of each exemption provided to Entergy for the operation of the Indian Point facility, should be delivered to my office without delay.The safety and security of New Yorkers is my primary concern. With such a critical role in that effort, I hope the NRC will be more cooperative in addressing these serious concerns about the ability of Indian Point security personnel to carry out thcir jobs. We simply cannot allow those who live in the New York metropolitan area to be susceptible to avoidable risks.Sincerely, Nita M. Lowvey Member of Congress

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