ASHINGTON, Jan. 13 — Demands by elected officials for
improvements in emergency plans for the Indian Point nuclear
plant grew more strident today, but experts on the workings of
the Nuclear Regulatory Commission said its history suggested
that it would not consider emergency planning problems as a
reason to close the plant.
The protests, after a consultant's report that the plans
are inadequate, are spreading to areas away from the plant, in
Buchanan, N.Y., on the east bank of the Hudson River. Today,
Dennis McNerney, the executive of Bergen County, N.J., said,
"I promise that I will use every means at my disposal,
including legal action, if necessary, to shut down the
reactors if it is not done voluntarily" until the plans are
improved.
Andrew J. Spano, the Westchester County executive, said he
planned a conference call on Wednesday with his counterparts
in Orange, Rockland and Putnam Counties, to urge them not to
certify their evacuation plans to the Federal Emergency
Management Agency. An adviser, Susan Tolchin, said Mr. Spano
wanted the agency to add terrorist attacks to its requirements
and take over the cost of local responses.
While county and state approval of emergency procedures is
desirable, Nuclear Regulatory Commissions rules do not require
it for a plant to continue operating. The commission has shown
no sympathy lately for arguments based on the threat of
terrorism; last month it said its administrative law judges
should not consider such arguments in four licensing
hearings.
Under the Atomic Energy Act, the federal government decides
whether the reactors may run, and the commission has shown
little inclination to close plants because of problems in
emergency planning. But a spokesman, Neil Sheehan, said the
commissioners would listen.
"The N.R.C. would value input from anybody with expertise
on the topic of emergency planning, and certainly Mr. Witt, as
the former director of FEMA, has considerable knowledge of the
way these plans are put together," Mr. Sheehan said, referring
to James Lee Witt, the consultant Gov. George E. Pataki asked
to evaluate the Indian Point plans.
Mr. Witt's report found that the Indian Point plans were
"not adequate" to "protect the people from an unacceptable
dose of radiation in the event of a release from Indian
Point." The report recommended a revision of federal
regulations guiding the the disaster plans.
Mr. Sheehan said that even if the emergency management
agency were to tell the commission that planning was
deficient, the commission would have to find that the
preparations for an emergency did not provide "reasonable
assurance that adequate protective measures can and will be
taken in event of a radiological emergency" before it would
act. Then the commission would give the plant 120 days to fix
the problem. It did that in several cases in the early 1980's,
but not recently, Mr. Sheehan said.
Peter A. Bradford, who was on the commission in that era,
recalled that in the case of the Shoreham nuclear reactor on
Long Island, Gov. Mario M. Cuomo said the emergency plans were
unworkable and that the plant should not be licensed. The
commission, Mr. Bradford said, "threw him out of the
case."
The commission licensed the plant, reasoning that even if
Mr. Cuomo and county officials boycotted drills, they would
participate in a real emergency. The commission called this
its "realism rule."
The debate could find another forum in Congress.
Representative Edward J. Markey, a Massachusetts Democrat who
is one of the foremost nuclear critics in the House, said
today that he would reintroduce a bill that dealt with half
the terrorism problem — protection of plants. His bill, which
passed the House in the last session but died in the Senate,
would have the federal government take over plant security
just as it took over airport security.
Representative Nita M. Lowey, a Westchester Democrat, was a
co-sponsor, as were Senators Hillary Rodham Clinton of New
York, Joseph I. Lieberman of Connecticut and Harry Reid of
Nevada, all Democrats; and James M. Jeffords of Vermont, an
independent.
Amid the debate about safety, one of the plant's reactors,
Indian Point 3, was shut down yesterday when a water pump
failed. A spokesman for Entergy
Corp., the plant's owner, said there was no danger to
workers or the public, and that the adjacent reactor remained
at full power. The spokesman, Jim Steets, said that it was
unclear how long the shutdown would last, but that it could be
several days.