EDO Principal Correspondence Control

FROM: DUE: 02/29/12 EDO CONTROL: G20120072 DOC DT: 01/31/12 FINAL REPLY: Representative Karen May, et al., Illinois General Assembly The National Caucus of Environmental Legislators

TO:

Commission

FOR SIGNATURE OF : ** PRI ** CRC NO: 12-0048

Chairman Jaczko

DESC: ROUTING:

Nuclear Safety in the United States -Fukushima Borchardt Task Force (SECY-2012-0066) Weber Virgilio Ash Mamish OGC/GC DATE: 02/06/12 Wiggins, NSIR Haney, NMSS ASSIGNED TO: CONTACT: Burns, OGC Bowman, OEDO NRR Leeds

SPECIAL INSTRUCTIONS OR REMARKS:

"TZ We-,'. Stý -1-0 -7kb: E-pu t)S'ý 'StUDt C'q -C)I EDATS Number: SECY-2012-0066 Source: SECY

Genra Ifomaio Assigned To: NRR OEDO Due Date: 2/29/2012 11:00 PM Other Assignees: SECY Due Date: 3/20/2012 11:00 PM Subject: Nuclear Safety in the United States - Fukushirna Task Force Description:

CC Routing: NSIR; NMSS; OGC ADAMS Accession Numbers - Incoming: NONE Response/Package: NONE Othe inomto Cross Reference Number: G20120072, LTR- 12-0048 Staff Initiated: NO Related Task: Recurring Item: NO File Routing: EDATS Agency Lesson Learned: NO OEDO Monthly Report Item: NO

I'Prcs Infrato Action Type: Letter Priority: Medimm Sensitivity: None Signature Level: Chairman Jaczko Urgency: NO Approval Level: No Approval Required OEDO Concurrence: YES OCM Concurrence: NO OCA Concurrence: NO Special Instructions:

Originator Name: Representative Karen May, et al., Date of Incoming: 1/31/2012 Originating Organization: Illinois General Document Received by SECY Date: 2/6/2012 AssemblyNational Caucus of Environmental Legislators Addressee: The Commission Date Response Requested by Originator: NONE Incoming Task Received: Letter

Page 1 of I OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed: Feb 02, 2012 17:31

PAPER NUMBER: LTR-12-0048 LOGGING DATE: 02/02/2012 ACTION OFFICE: EDO

AUTHOR: Karen May, NCEL AFFILIATION:

ADDRESSEE: Gregory Jaczko

SUBJECT: Nuclear safety in the U.S.

ACTION: Signature of Chairman DISTRIBUTION: RF, SECY to Ack

LETTER DATE: 01/31/2012

ACKNOWLEDGED No SPECIAL HANDLING: Commission Correspondence

NOTES:

FILE LOCATION: ADAMS

DATE DUE: 03/02/2012 DATE SIGNED:

EDO -- G20120072 January 31, 2012

Commissioner Gregory B. Jaczko, Chairman Commissioner George Apostolakis Commissioner William D. Magwood, IV Commissioner William C. Ostendorff Commissioner Kristine L. Svinicki

United States Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852

Dear Commissioners,

The aging nuclear power plant fleet in the United States has operated relatively safely and provides some 20% our nation's power needs. Yet, the Fukushima power plant disaster in March, 2011 - triggered by the devastating earthquake and resulting tsunami - highlighted continued nuclear power plant vulnerabilities worldwide, including among the U.S. fleet of 104 operating reactors in 31 states.

As members of the National Caucus of Environmental Legislators (NCEL), we are concerned about the safety of these plants and urge your agency to resolve safety issues at U.S. nuclear power plants as expeditiously as possible. We understand that the NRC formed a task force to extract lessons from the recent tragedy at Fukushima and that the Commission authorized its staff to proceed on the implementation of recommendations made by the task force.

We trust that the NRC will proceed to the full and successful implementation of these safety upgrades without undue delays. Our constituents expect the agency - which has sole authority on nuclear power safety matters - to give its prompt attention to these identified vulnerabilities, such as ensuring sufficient electrical power for critical emergency equipment.

During the Fukushima crisis, there was considerable concern about the fuel stored in the spent fuel pools. Helicopters dropped water from above and fire trucks with water cannons shot water from below to re-fill the spent fuel pools to prevent damage to the fuel stored within them. There were no remaining barriers to protect the local communities from radioactive materials released from this fuel had it experienced significant damage.

Nuclear safety experts tell us that the spent fuel pools at U.S. nuclear plants generally contain more fuel than was stored in Fukushima's spent fuel pools. Consequently, our nuclear plants are more vulnerable. We understand that dry cask storage is an available and safer way of storing spent fuel. In fact, the fuel assemblies stored in dry casks at Fukushima survived the earthquake, tsunami, and extended power outage challenges unscathed. Likewise, the risk at U.S. nuclear plants would be lessened by transferring fuel into dry casks as soon as possible following the five-year cooling period after which fuel can be removed from reactor cores. To better protect our communities, we urge the NRC to require plant owners to make such transfers.

In addition to implementing the Fukushima task force recommendations and requiring accelerated transfer of radioactive fuel to safer dry cask storage, we urge the NRC to extend the scope of regulations to include the prevention and mitigation of non-design basis severe accidents. Recent natural disasters here in the United States, including flooding, earthquakes and hurricanes remind us that such threats are very real and pose a real risk to citizens.

Similarly, we are concerned that current emergency planning requirements are inadequate. In the United States, emergency planning for a nuclear reactor accident is limited to a 10 mile radius around the reactor. Yet, the US government advised Americans within 50 miles of Fukushima to evacuate - an appropriate decision given the high radiation levels found well beyond 10 miles from the plant. As such, in the United States, the NRC should replace the current arbitrary 10 mile planning zone and require emergency plans for each reactor site based on a science-based assessment of the populations at risk.

A delegation of NCEL members would welcome the opportunity to further discuss these and related nuclear safety issues with you and your staff, which can be coordinated through NCEL's Executive Director, J.R. Tolbert who can be reached at irtolbert(ii..ncel.net or (202) 744-1006. Thank you in advance for your prompt attention to this matter. We look forward to hearing from you at your earliest convenience.

Sincerely,

Rep. Karen May Delegate James Hubbard Chairperson, Environment & Energy Committee Deputy Majority Leader Illinois General Assembly Maryland House of Delegates

Representative Beth Kertulla Delegate Dan Morhaim House Minority Leader Deputy Majority Leader Alaska House of Representatives Maryland House of Delegates

Representative David Deen Representative Patrick Harkins Vermont House of Representatives Pennsylvania House of Representatives

Representative Pricey Harrison Representative Lori Ehrlich North Carolina House of Representatives Massachusetts House of Representatives

Representative John Kowalko Representative Mary Mascher Delaware House of Representatives Iowa House of Representatives

Representative Jeanette Mott-Oxford Representative Gail Chasey Missouri House of Representatives New Mexico House of Representatives Representative Rick Hansen Representative Mary Gaskill Minnesota House of Representatives Iowa House of Representatives

Representative Mike Foley Representative Ohio House of Representatives New Mexico House of Representatives

Representative Dan Kelley Representative Chris Lee Iowa House of Representatives Hawaii House of Representatives

Representative Sue Dickenson Representative Elaine Nekritz Montana House of Representatives Illinois General Assembly

Representative Dave Winters Representative Matt Pierce Illinois General Assembly Indiana House of Representatives

Representative Mary Lou Marzian Assemblymember Bill Monning Kentucky House of Representatives California General Assembly

Assemblymember Donna Lupardo Representative Kathleen Williams New York General Assembly Montana House of Representatives

Assemblymember Ellen Jaffee Assemblymember Fred Thiele, Jr. New York General Assembly New York General Assembly

Representative Andrew Falk Representative Bob Pritchard Minnesota House of Representatives Illinois General Assembly

Representative Michael Tryon Representative Naomi Jakobsson Illinois General Assembly Illinois General Assembly

Representative Denise Provostq Representative Melissa Walsh-lnnes Massachusetts House of Represenatives House of Representatives

Representative Donna Harlow Senator Jeff Hayden Maine House of Representatives Minnesota State Senate

Senator Gary Kubly Former Senator Jane Krentz Minnesota State Senate Minnesota State Senate

Senator Scott Dibble Senator Sandy Rummel Minnesota State Senate Minnesota'State Senate

Senator Linda Higgins Senator Tim Mathern Minnesota State Senate North Dakota State Senate Senator Elliot Werk Senator Mark Miller Idaho State Senate

Former Senator Don Priester Senator Dede Feldman Nebraska State Senate New Mexico State Senate

Senator Joe Bolckom Senator Charles Isenhart Iowa State Senate Iowa State Senate

Senator Representative Michelle Mussman State Senate Illinois General Assembly Champ, Billie

From: J.R. Tolbert [email protected]] Sent: Thursday, February 02, 2012 1:55 PM To: NRCExecSec Resource; OCA_Web Resource Cc: [email protected] Subject: Addressing Nuclear Safety in the U.S. Attachments: Final Nuclear Safety Letter on Behalf of Rep. Karen May.pdf

Ms. Vietti-Cook and Ms. Shane,

Please find attached, and pasted below, a letter from members of the National Caucus of Environmental Legislators (NCEL) regarding nuclear safety in the United States. NCEL is a network of environmentally minded legislators working for improved environmental safeguards in the states and at the federal level. This letter was circulated to our members at the request of Representative Karen May from Illinois. The letter was signed by 50 state legislators representing 25 states.

If you need more information, or to contact members of the caucus please don't hesitate to contact me for additional information.

Sincerely, J.R. Tolbert

J.R. Tolbert Executive Director National Caucus of Environmental Legislators [email protected] Cell: 202-744-1006

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