HomeMy WebLinkAboutAgenda - 10-03-2006-6aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 3, 2006
Action Agenda
Item No. 6 -u
SUBJEGT: Resolutions Regarding Shearon Harris Fire Safety and Emergency Evacuation
Issues
DEPARTMENT: County Commissioners PUBLIC HEARING: (Y/N) no
County Manager
ATTACHMENT(S): INFORMATION CONTACT:
Resolution In Support of Bringing the
Shearon Harris Nuclear Power Plant into Barry Jacobs, Chair BOCC
Compliance with existing Fire Safety County Engineer, 919-245-2303
Regulations
Resolution Requesting that Progress
Energy/CP&L Work with Law
Enforcement and Emergency
Management Officials within the 50-Mile
Impact Area Around the Shearon Harris
Plant to Establish and Coordinate
Emergency Evacuation Planning
NCWARN Resolution
PURPOSE: To provide two resolutions related to safety issues at the Shearon Harris Nuclear
Power Plant to the BOCC for the .Board to review, revise as necessary and adopt.
BACKGROUND: The citizens and elected officials of Orange County have, for some years,
been aware of the potential for widespread and lethal consequences resulting from an airborne
release of the tremendous quantity of radioactive material available from the spent nuclear fuel
stored in Shearon Harris nuclear power plant's "temporary" waste storage pools. While the
southernmost portion of Orange County. is approximately 15 miles north of Shearon Harris, all of
the County lies within the 50 mile radius "ingestion pathway" around the plant - as do a large
densely populated area and important governmental, military, industrial and education facilities
(approximately 2,000,000 individuals, the state capital, Fort Bragg, the Research Triangle, four
major universities and a number of smaller universities and colleges). Orange County
governments and citizens have been very vocal about concerns related to those safety and
security issues at the Shearon Harris nuclear power plant that could lead to an incident
involving a significant airborne release of nuclear waste materials.
During the period of late-1998 through mid-2002, Orange County's concerns led it to work with
other local governments to challenge, through a quasi judicial proceeding with the Nuclear
Regulatory Commission (NRC), the plans. of Progress Energy/CP&L to expand the use of the
Shearon Harris fuel storage pools. In May of 2002, Orange County and Chatham County co-
hosted asymposium on the effects of release of a major release of nuclear materials as a
consequence of terrorism.
Orange County recognizes the potential consequences of an airborne release of nuclear
materials, given a combination of circumstances including existing population densities, known
problems with traffic gridlock under non-emergency conditions and the lack of overall
coordination in emergency management, response and evacuation planning between Progress
Energy/CP&L and local law enforcement/emergency management personnel. Accordingly,
Orange County has, on several occasions, tried to raise this issue and these concerns with
Progress Energy/CP&L and with government officials on the national, state and local level. At a
recent Assembly of Governments meeting of elected~officials from Orange County, Chapel Hill,
Carrboro and Hillsborough, Orange County indicated its intent to renew its efforts to convince
Progress Energy/CP&L and appropriate state and federal agencies (the NC Utilities
Commission, Department of Crime Control & Public Safety and others; and the US Department
of Homeland Security, Environmental Protection Agency and others) to work with all of the
elected, law enforcement and emergency management/ response officials within the 50 mile
radius ingestion zone to develop comprehensive and effective emergency response and
evacuation plans.
On a separate track, the BOCC has been advised of longstanding issues with the fire protection
and safety at the Shearon Harris facility. Specifically, the Board learned that the plant has
experienced at least one very serious fire and has a history of prevalent non-compliance with
NRC-promulgated fire safety standards and regulations. Given that approximately 50% of the
risks of catastrophic nuclear plant failure are associated with fire-related accidents (as
calculated by the NRC), the local governments of Orange County have expressed a high level
of concern and alarm at learning of the Harris plant's shortcomings in this area. Orange County
has thus indicated its willingness to support the NC Waste Awareness and Reduction Network
(NCWARN), the Union of Concerned Scientists, the Nuclear Information and Research Service,
NC Fair Share and Students United for a Responsible Global Environment in their emergency
petition to the NRC to compel Progress Energy/CP&L to immediately correct all of the fire safety
violations at the Shearon Harris facility.
FINANCIAL. IMPACT: There is no direct financial implication to these resolutions, although
costs associated with emergency management planning for evacuation routing, control,
procedures, etc., may arise in the long term.
RECOMMENDATION(S): The Manager recommends that the BOCC review, revise as
necessary and adopt the resolutions.
3
ORANGE COUNTY BOARD OF COMMISSIONERS
A Resolution
In Support of an Emergency Petition to the US Nuclear Regulatory
Commission by the NC Waste Awareness and Reduction Network, the
Union of Concerned Scientists, the Nuclear Information and Research
Service, NC Fair Share and Students United for a Responsible Global
Environment Seeking Regulatory Action by the Commission to
Enforce Existing Fire Protection Standards and Regulations
Applicable to the Shearon Harris Nuclear Power Plant
WHEREAS, the Orange County Board of Commissioners has a long and well-
, established practice of advocating for any and all activities that would
promote the public health, safety and welfare, particularly in regard to
feasible threats to that health, safety and welfare; and
WHEREAS, approximately 50 percent of the risks of catastrophic nuclear plant failure
are associated with fire-related accidents, as calculated by the Nuclear
Regulatory Commission; and
WHEREAS, the Orange County Board of Commissioners also have a long and well-
established record of concern regarding security and safety issues at the
Shearon Harris nuclear power plant, related to the potential magnitude and
catastrophic consequences of a nuclear power plant fire leading to an
airborne release of nuclear waste materials; and
WHEREAS, information has recently been presented to the Board of County
Commissioners as to ongoing problems with fire safety and fire protection
practices at the Shearon Harris nuclear power plant; and
WHEREAS, Progress Energy/CP&L has indicated that it will apply to the NRC for
permission to take up to nine more years to bring the Shearon Harris
nuclear power plant into compliance with fire safety standards and
regulations; and
WHEREAS, Progress Energy/CP&L has indicated that it will apply to the NRC for a
twenty-year extension of its operating license for the Shearon Harris plant
while the plant is not in compliance with existing fire safety standards and
regulations; and
WHEREAS, Progress Energy/CP&~ has indicated that it is in the process of evaluation
of permitting, designing and constructing two nuclear power reactors at the
Shearon Harris nuclear power plant while the existing plant is not in
compliance with existing fire safety standards and regulations;
NOW, THEREFORE, do we, the Orange County Board of Commissioners, hereby
resolve to support the petition of the NC Waste Awareness and Reduction Network, the
Union of Concerned Scientists, the Nuclear Information and Research Service, NC Fair
Share and Students United for a Responsible Global Environment to the US Nuclear
Regulatory Commission asking that the NRC compel Progress Energy/CP&L to
immediately bring the Shearon Harris nuclear power plant into compliance with existing
federal fire safety standards. and regulations applicable to nuclear power plants.
This is the 3rd day of October, 2006
Barry Jacobs, Chair
Orange County Board of Commissioners
5
ORANGE COUNTY BOARD OF COMMISSIONERS
A Resolution
Calling for Coordinated Emergency Management and Evacuation
Planning Within the 50-Mile Radius Ingestion Pathway for Potential
Discharge of Airborne Nuclear Waste Material from the Shearon
Harris Nuclear Power Plant .
WHEREAS, the Orange County Board of Commissioners has a long and well-
established practice of advocating for any and all activities that would
,promote the public health, safety and welfare, particularly in regard to
feasible threats to that health, safety and welfare; and
WHEREAS, the Orange County Board of Commissioners has a long and well-
established record of concern and -activism related to the potential
magnitude and catastrophic consequences of an airborne release of
nuclear waste materials from the Shearon Harris nuclear power plant; and
WHEREAS, information developed within the least eight years has demonstrated the
vulnerability of spent nuclear fuel to combustion with ensuing airborne
release and dispersion of extremely harmful and dangerous nuclear waste
material as a consequence of accident or sabotage/'terrorism; and
WHEREAS, there exists an area of a ten-mile radius around the Shearon Harris nuclear
power plant for which there are in place emergency management acid
evacuation plans of debatable efficacy in case of a catastrophic accident
and airborne release of nuclear waste material from the plant; and
WHEREAS, an airborne release of nuclear material may stem from an uncontrollable
event of several days or greater duration that would affect at least all of the
fifty-mile radius ingestion pathway area; and
WHEREAS, the fifty-mile radius ingestion pathway around the Shearon Harris plant
contains approximately two million persons, the state capital, Fort Bragg,
the Research Triangle, four major universities and a number of smaller
universities, hundreds of public and private schools, thousands of
businesses, dozens of local government jurisdictions; millions of pets, and
a rich natural environment; and
WHEREAS, there is no coordinated emergency management and evacuation planning
for the portion of the ingestion pathway beyond the. area defined by the
ten-mile radius around Shearon Harris; and
t hic level of
WHEREAS, fairly recent ice and snow storm events of a far less catas rop
severity have proven capable of reducing Research Triangle area traffic to
a state of extended gridlock; and
WHEREAS, orderly or effective evacuation of the fifty-mile radius ingestion pathway
under current emergency management and evacuation planning and
coordination conditions would be fraught with difficulties, if not impossible;
and
WHEREAS, protection of public health, safety and welfare in regard to the atmospheric
release of nuclear waste material is a responsibility that must be shared by
Progress Energy/CP&L; local law enforcement and emergency
management/ response agencies and others; the NC Utilities Commission,
Department of Crime Control & Public Safety and others; and the US
Department of Homeland Security, Environmental Protection Agency and
others; as well as the public;
NOW, THEREFORE, do we, the Orange County Board of Commissioners, hereby
resolve to request and recommend that Progress Energy/CP&~; the NC Utilities
Commission, Department of Crime Control & Public Safety and others; and the US
Department of Homeland Security, Environmental Protection Agency work with the
appropriate local, state and federal government transportation planning, law
enforcement and emergency management/response agencies and personnel to
develop and coordinate emergency management, response and evacuation plans for
the entire fifty-mile radius surrounding its Shearon Harris nuclear power plant.
This is the 3rd day of October, 2006
Barry Jacobs, Chair
Orange County Board of Commissioners
Resolution in Support of Brinclring the Shearon Harris. Nuclear Plant
into Compliance with Federal Fire Safety Regulations
We the undersigned support the legal action directed to the U.S. Nuclear Regulatory
Commission (NRC) by NC WARN, the Union of Concerned Scientists, the Nuclear
Information and Research Service, NC. Fair Share, and Students United for a
Responsible Global Environment to bring the Shearon Harris Nuclear Plant into
compliance with Federal Fire Safety Regulations.
The plant has operated in violation of those regulations for at least the past 14 years
and as such has substantially increased the risk to the public. In' addition, the plant
owner says it will apply for permission to take up to nine mare years to study its fire
safety violations instead of fixing them.
That legal action calls for emergency enforcement action by the NRC to:
1) Immediately suspend Shearon Harris's license until all fire safety violations are
corrected, or; 2) Fine Harris $130,000 for each violation each day it operates until
compliance with current law is verified by NRC -without relying on regulatory
bypasses such as "interim" fire watches and operator actions.
The legal action further requests that deliberations on this matter are conducted in
open and public proceedings that include hearings in the. vicinity of the Shearon Harris
plant:
Although the bringers of the legal action are willing to enter into negotiations allowing
the plant to remain operating, any continued operation must be based on the
establishment of a firm timetable -not exceeding 12 months -for completing the
necessary repairs. to bring the plant into full compliance with current, applicable fire
safety regulations.
We further call for the NRC to refuse to consider any "early relicensing" of the plant
for an additional 20 years -for which an application will be submitted by year end -
unless the plant has been brought into full compliance with fire regulations.
Signed Printed nam
Title - Date
On behalf of (if applicable) the following governmental or other organization:
Please return to NC WARN., P.O. Box 61051, Durham, NC 27715-1051 or ncwarn@ncwarn.org
or call 919-416-5077. The resolution will be sent to the NRC in support of the legal action.