[Federal Register Volume 60, Number 146 (Monday, July 31, 1995)]
[Notices]
[Pages 39026-39028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18744]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-361 and 50-362]
Southern California Edison Company, et al.; San Onofre Nuclear
Generating Station, Units 2 and 3; Issuance of Director's Decision
Under 10 CFR 2.206
Notice is hereby given that the Director, Office of Nuclear Reactor
Regulation, has acted on a Petition for action under 10CFR 2.206
received from Richard M. Dean, dated September 19, 1994, as
supplemented on December 2 and December 7, 1994, for the San Onofre
Nuclear Generating Station (SONGS), Units 2 and 3.
In a letter dated September 19, 1994, the Petitioner requested that
the NRC shut down the SONGS facility based upon gross negligence by
Southern California Edison Company in not having an escape plan. The
Petitioner asserted as a basis for this request that the closure of the
Pacific Coast Highway at the Dana Point/San Clemente border (due to a
landslide on January 16, 1993) invalidates the emergency evacuation
plans for the residents of San Clemente. In letters dated December 2
and December 7, 1994, the Petitioner again requested the NRC to close
the SONGS facility. The Petitioner asserted as a basis for this request
that the recent financial losses incurred by Orange County called into
question the County's ability to effectively participate in emergency
evacuation plans in the event of a emergency at SONGS. Since these
concerns were closely related to those expressed in the Petitioner's
September 19, 1994, petition, they were treated as supplements to this
petition.
The Director of the Office of Nuclear Reactor Regulation has
determined that the request should be denied for the reasons stated in
the ``Director's Decision Under 10 CFR 2.206'' (DD-95-14), the complete
text of which follows this notice and which is available for public
inspection at the Commission's Public Document Room, the Gelman
Building, 2120 L Street NW., Washington, DC 20555, and at the Local
Public Document Room located at the University of California Main
Library, P.O. Box 19577, Irvine, California 92713.
Dated at Rockville, Maryland, this 24th day of July 1995.
For the Nuclear Regulatory Commission.
William T. Russell,
Director, Office of Nuclear Reactor Regulation.
Appendix to Director's Decision Under 2.206
I. Introduction
By Petition dated September 19, 1994, Mr. Richard M. Dean
(Petitioner) requested that the Nuclear Regulatory Commission (NRC)
take action with regard to San Onofre Nuclear Generating Station
(SONGS). The Petitioner requested that the NRC shut down the SONGS
facility based upon gross negligence by Southern California Edison
Company in not having an escape plan. The Petitioner asserted as a
basis for this request that the closure of the Pacific Coast Highway
(PCH) at the Dana Point/San Clemente border (due to a landslide on
January 16, 1993) invalidates the emergency evacuation plans for the
residents of San Clemente. Notice of receipt of the Petition
indicating that a final decision with respect to the requested
action would be forthcoming at a later date was
[[Page 39027]]
published in the Federal Register on November 9, 1994 (59 FR 55900).
The Petitioner, in letters dated December 2 and December 7,
1994, again requested the NRC to close the SONGS facility. The
Petitioner asserted as a basis for this request that the recent
financial losses incurred by Orange County called into question the
county's ability to effectively participate in emergency evacuation
plans in the event of an emergency at SONGS. Since these concerns
were closely related to those expressed in the Petitioner's
September 19, 1994, Petition, they were treated as supplements to
that Petition.
Because the Petition involves matters related to offsite
emergency planning, the NRC requested the assistance of the Federal
Emergency Management Agency (FEMA) in responding to the issues
raised by the Petition. By Presidential directive, FEMA has been
assigned the responsibility for assessing the adequacy of offsite
emergency plans for the area surrounding a nuclear plant. The NRC is
responsible for assessing the adequacy of onsite emergency plans and
has the final licensing authority. FEMA responded to NRC's request
for assistance by letter dated March 22, 1995.
II. Discussion
Title 10 of the Code of Federal Regulations (CFR), Part 50,
Sec. 50.54(q), states in part that ``A licensee authorized to posses
and operate a nuclear power reactor shall follow and maintain in
effect emergency plans which meet the standards in Sec. 50.47(b).''
Section 50.54(s)(1) states in part that ``Each licensee who is
authorized to possess and/or operate a nuclear power reactor shall
submit to NRC within 60 days of the effective date of this amendment
the radiological emergency response plans of State and local
governmental entities in the United States that are wholly or
partially within a plume exposure pathway EPZ, as well as the plans
of State governments wholly or partially within an ingestion pathway
EPZ.'' Section 50.47(a)(1) states in part that ``no initial
operating license for a nuclear power reactor will be issued unless
a finding is made by the NRC that there is reasonable assurance that
adequate protection can and will be taken in the event of a
radiological emergency.'' Section 50.47(a)(2) further states in
part, ``The NRC will base its findings on a review of the Federal
Emergency Management Agency (FEMA) findings and determinations as to
whether State and local emergency plans are adequate and whether
there is reasonable assurance that they can be implemented.'' The
review and approval of State and local radiological emergency plans
and preparedness by FEMA are performed under the provisions of 44
CFR Part 350.
Officials from the State of California, Orange County, the City
of San Clemente, and other jurisdictions in the emergency planning
zone (EPZ) for the SONGS facility have participated in the
development of the Radiological Emergency Preparedness (REP) plans
to be implemented in the event of an incident at the facility. These
REP plans have been evaluated in detail during each of the biennial
REP exercises that began in May 1981; findings of these exercises
have been reported to the NRC by FEMA. During these biennial
exercises, evacuation route impediments, such as landslides, are
simulated to test the capability of the offsite response
organization to deal with such a contingency. The California State
and local officials have continued to meet such challenges
successfully during these biennial REP exercises. The most recent
exercise was conducted in September 1993. As documented in (1) the
October 13, 1993, letter from the NRC to Southern California Edison
Company, forwarding the staff's inspection report of the September
1993 exercise, and (2) the March 27, 1995, letter from FEMA to the
NRC, forwarding its report on the exercise, the offsite radiological
emergency response plans and preparedness for the State of
California and the affected local jurisdictions can be implemented
and are adequate to provide reasonable assurance that appropriate
measures can be taken off site to protect the health and safety of
the public in the event of a radiological emergency at the site.
The Petitioner's assertion that with the closure of the PCH,
Interstate 5 is the only route out of San Clemente is incorrect. The
SONGS EPZ has a total of 10 sectors for evacuation purposes. Three
of these sectors comprise to the City of San Clemente. The portion
of the PCH affected by the landslide only affects the evacuation of
one sector, Sector 3, of the City of San Clemente.
The landslide on January 16, 1993, closed the PCH at the San
Clemente and Dana Point border. More landslides occurred in February
1993. However, an alternate route was established around the
landslide area by local officials to act as a substitute evacuation
route while the PCH was being repaired. The PCH had been scheduled
to reopen in January 1995. However, in January 1995, the entire area
received extremely heavy rainfall, causing further delays in the
reopening of this portion of the PCH. The PCH was officially
reopened on April 5, 1995. During reconstruction activities, the PCH
was not open to the general public. However, two lanes were open for
construction traffic and they could have been used to supplement the
alternate route, if needed, as a means for evacuating the area. As
stated by FEMA in its letter dated March 22, 1995, since an
alternate evacuation route was established during the period when
the PCH was closed to normal traffic and since the PCH was available
for emergency use, the safe evacuation of the citizens of San
Clemente was not compromised.
With respect to the Petitioner's concerns regarding the ability
of Orange County to effectively participate in emergency evacuation
activities considering the County's current financial difficulties,
FEMA concludes that Orange County is meeting its obligations in this
matter. According to FEMA's letter dated March 22, 1995, Orange
County officials are aware that the current financial situation
presents a major challenge in restructuring and prioritizing
services to meet their objectives and mandates within their
available resources. However, the Board of Supervisors recognizes
that the primary mission of the County or of the local County
government is the protection of health, safety, and welfare of the
citizens and visitors to the County. During this financial crisis,
the Board has repeatedly reiterated and publicly confirmed that
these services are the highest priority for all County agencies and
departments, including those services provided to contract cities
such as San Clemente. In addition, a representative of the County is
an active participant on the SONGS Interjurisdictional Planning
Committee (IPC), which meets on a formal basis with officials of
SONGS, the affected cities, the Camp Pendleton Marine Corps Base,
the State Department of Parks and Recreation, the Capistrano Unified
School District, San Diego County, and Federal and State emergency
organizations to coordinate their nuclear power plant plans,
preparedness, and procedures for emergency response to an emergency
or incident at the SONGS site. The IPC also coordinates the
multiagency planning, training, and drills for multihazard emergency
response. The IPC representatives meet at least monthly to ensure
their planning and preparedness measures are thoroughly coordinated
and current. Accordingly, as stated by FEMA in its letter dated
March 22, 1995, Orange County's financial difficulties are not
preventing it from meeting its emergency evacuation responsibility.
III. Conclusion
The institution of proceedings pursuant to section 2.206 is
appropriate only if substantial health and safety issues have been
raised. See Consolidated Edison Co. of New York (Indian Point, Units
1, 2, and 3), CLI-75-8, 2 NRC 173, 175 (1975); Washington Public
Power Supply System (WPPSS Nuclear Project No. 2), DD-84-7, 19 NRC
899, 924 (1984). This is the standard that has been applied to the
concerns raised by the Petitioner to determine whether the action
requested by the Petitioner is warranted. With regard to the request
made by the Petitioner to shut down the SONGS facility, I find no
basis for taking this action. The respective local jurisdictions
have maintained their emergency plans in effect and continue to
monitor them on a regular basis to ensure they remain current and
coordinated. Appropriate evacuation routes are available. Local
officials are aware of their resource limitations and have focused
resources to ensure that the health, safety, and welfare of the
citizens are of priority. FEMA has repeatedly determined that
offsite emergency response plans and preparedness can be implemented
and are adequate to provide reasonable assurance that appropriate
measures can be taken offsite to protect the health and safety of
the public in the event of a radiological emergency at the SONGS
facility. On the basis of FEMA's findings, the NRC continues to find
that there is reasonable assurance that adequate protection can and
will be taken in the event of a radiological emergency at the SONGS
facility. For the reasons discussed above, no basis exists for
taking any action in response to the Petition as no substantial
health or safety issues have been raised by the Petition.
Accordingly, the Petitioner's request for action pursuant to Section
2.206 is denied.
A copy of this Decision will be filed with the Secretary of the
Commission for the
[[Page 39028]]
Commission to review in accordance with 10 CFR 2.206(c) of the
Commission's regulations. As provided by this regulation, the
Decision will constitute the final action of the Commission 25 days
after issuance, unless the Commission, on its own motion, institutes
a review of the Decision within that time.
Dated at Rockville, Maryland, this 24 day of July 1995.
For the Nuclear Regulatory Commission.
William T. Russell,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 95-18744 Filed 7-28-95; 8:45 am]
BILLING CODE 7590-01-M
