0001 1 STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION 2 PUBLIC HEARING THE NEW JERSEY RADIOLOGICAL EMERGENCY 3 RESPONSE PLAN FOR NUCLEAR POWER PLANTS 4 - - - 5 6 7 - - - July 21, 2009 8 - - - 9 Public hearing held at the Ocean 10 County Administration Building, 101 Hooper 11 Avenue, Room 119, Toms River, New Jersey 08757, 12 commencing at 7:00 p.m., on the above date, 13 before Joseph P. Dromgoole, a Professional 14 Reporter and Notary Public in the State of New 15 Jersey. 16 - - - 17 18 19 CLASS ACT REPORTING AGENCY, LLC 20 Registered Professional Reporters 1420 Walnut Street, St. 1200 133H Gaither Drive 21 Philadelphia, PA 19103 Mt. Laurel, NJ 08054 (215) 928-9760 (856) 235-5108 22 23 24 0002 1 MS. LIPOTI: Good evening. My 2 name is Jill Lipoti. I'm the Director of the 3 Division of Enviromental Safety and Health at 4 the New Jersey Department of Enviromental 5 Protection. I'll will be the Hearing Officer 6 this evening. The purpose of this hearing is 7 to receive testimony, comments, questions 8 regarding the adequacy and effectiveness of 9 the New Jersey Radiological Emergency 10 Response Plan for Nuclear Power Plants. In 11 order that the hearing may be properly 12 documented, these proceedings are being 13 recorded by a certified shorthand court 14 reporter. 15 Everyone attending the meeting 16 is asked to sign the attendance sheet before 17 leaving. The attendance sheets for these 18 hearings are used to update the Bureau of 19 Nuclear Engineering's mailing list. 20 On this front table we have a 21 number of updates about our program. And it 22 appears that we ran out of one of the 23 booklets and one of the fact sheets. All of 24 the booklets are available on our website for 0003 1 download, but we can send you a paper copy if 2 you'll let me know if you want one. And the 3 fact sheets are not yet up on our website, 4 but again, we'll send you a paper copy and 5 we'll get them on the website quickly. 6 Public notice of this hearing 7 was published in the New Jersey Register on 8 May 18th and June 1st, 2009. In addition, 9 public notice was published in the Asbury 10 Park Press July 14th through July 20th, the 11 Beach Haven Times on July 8th and 15th, and 12 the Lacey Beacon on July 9th and 16th, 2009. 13 Copies of the public notice for the three 14 hearings were mailed in June to all people 15 who attended last year's hearings. That is 16 why we take your name and address, so we can 17 send you next year's notice. 18 This hearing will proceed as 19 follows: I will provide a brief background 20 on why we're conducting the hearing. Then 21 I'll introduce the panel members and ask them 22 to briefly describe the role of their 23 organization in nuclear emergency 24 preparedness and response, and then I'll open 0004 1 the hearing for comments and questions from 2 the public. 3 The New Jersey Radiation 4 Accident Response Act requires that the 5 Department of Environmental Protection, in 6 cooperation with the New Jersey Division of 7 State Police, conduct hearings to take 8 comments on, and address questions relevant 9 to the adequacy and effectiveness of the New 10 Jersey Radiological Emergency Response Plan 11 for Nuclear Power Plants. 12 These hearings are held 13 annually in each of the three counties 14 affected by the plan; Ocean County for the 15 Oyster Creek Nuclear Generating Station, and 16 Salem and Cumberland Counties for the Salem 17 Unit 1, Salem Unit 2, and Hope Creek 18 Generating Stations. So we're here tonight 19 to listen to your questions and comments on 20 New Jersey's emergency response plan. 21 Comments on more general nuclear power issues 22 or issues that relate to licensing and 23 regulatory matters at nuclear power plants 24 are not within the purview of this meeting 0005 1 and hence are not appropriate, and will not 2 be addressed. 3 The purpose of the plan is to 4 coordinate and implement an immediate and 5 comprehensive response at the state, county, 6 and municipal levels to a radiological 7 emergency associated with any nuclear power 8 plant affecting the State of New Jersey. 9 Copies of the plan are available for public 10 inspection at the Salem County Emergency 11 Management Office in Mannington Township. 12 The Cumberland County Office of Emergency 13 Management in Bridgeton, and the Ocean County 14 Office of Emergency Management in Berkeley 15 Township, New Jersey, and the New Jersey 16 Office of Emergency Management in West 17 Trenton, and in the public libraries in 18 Salem, Cumberland, and Ocean Counties. 19 Now I'd like to introduce the 20 members of the panel. Lieutenant Richard 21 Sensi and Sergeant First Class Thomas 22 Scardino are representing the New Jersey 23 Division of State Police. Lieutenant Sensi 24 is the Supervisor of the Radiological 0006 1 Emergency Response Planning and Technical 2 Unit, and Sergeant Scardino is the Assistant 3 Supervisor of the Radiological Emergency 4 Response Planning and Technical Unit. 5 Mr. Paul Baldauf is representing the New 6 Jersey Department of Environmental 7 Protection. Mr. Baldauf is Assistant 8 Director of the Radiation Protection and 9 Release Prevention Program. And representing 10 the New Jersey Department of Health and 11 Senior Services is Mr. Jim Pasqualo. 12 Mr. Pasqualo is an Emergency Response 13 Coordinator, so if questions arise involving 14 the responsibilities of the Department of 15 Health and Senior Services I'll call on him 16 for a response. 17 So first I'd like to ask 18 Lieutenant Sensi to briefly describe the role 19 of the State Police in the plan. 20 LIEUTENANT SENSI: Thank you. 21 For the record, I'm Lieutenant Richard 22 Sensi. I'm representing the State Office of 23 Emergency Management within the Division of 24 State Police. Our office, as you may know, 0007 1 has the responsibility for administering and 2 implementing the radiological emergency 3 response plan for incidents at power plants 4 in New Jersey. 5 In addition to the preparation 6 of the radiological emergency plans, the New 7 Jersey State Police is the lead agency in the 8 following functional areas; notification and 9 communication, command and coordination, 10 protective actions, which include evacuation, 11 shelter, and place, access control, food, 12 water, and milk control, and parallel actions 13 that include traffic control, 14 decontamination, exposure control, mass care, 15 law enforcement, fire control, public health, 16 reentry and recovery. 17 For the record I'd also like 18 to introduce Sergeant First Class Thomas 19 Scardino. He's the Assistant Supervisor for 20 the unit. We also have Gerry Renard who is 21 the site planner for Ocean County, and Alan 22 Smith who is also a planner for the New 23 Jersey State Police. Thank you. 24 MS. LIPOTI: Now I'd like 0008 1 Mr. Baldauf to briefly describe the role of 2 the Department in the plan. 3 MR. BALDAUF: Good evening. My 4 name is Paul Baldauf. And as Dr. Lipoti 5 said, I'm Assistant Director of Radiation 6 Protection and Release Protection, Department 7 of Enviromental Protection. And I'll briefly 8 discuss the role of the Department in New 9 Jersey's Radiological Emergency Response 10 Plan. 11 The New Jersey Radiological 12 Emergency Response Plan includes the plan, 13 standard operating procedures and annexes. 14 The Plan identifies all responsible state 15 agencies and outlines their specific roles in 16 the event of a nuclear emergency. It is 17 based on five primary functions that outline 18 the actions to be performed in the event of a 19 radiological emergency at one of the four 20 nuclear power plants in New Jersey or at a 21 plant in a neighboring state. These actions 22 are: Notification and Communication; Accident 23 Assessment, Command and Coordination; 24 Protective Actions; and Parallel Actions. 0009 1 Since agency roles and 2 responsibilities don't change often, the plan 3 essentially does not change. The Standard 4 Operating Procedures are specific 5 instructions and guidelines used by each 6 agency when performing their specific 7 duties. Procedures are reviewed and tested 8 annually, and revised whenever necessary in 9 order to enhance emergency response. The 10 Annexes, A and B, are the Radiological 11 Emergency Response Plans for Salem/Hope Creek 12 and Oyster Creek Nuclear Generating Sites. 13 Respectively, each annex describes the 14 planning basis and concept of operation for 15 each of the municipalities within the 16 ten-mile Emergency Planning Zones around each 17 site. 18 Under the New Jersey Radiation 19 Accident Response Act, the Department of 20 Enviromental Protection has the lead role in 21 Accident Assessment and control of food, 22 water, and milk following an incident. 23 Accident Assessment involves two separate 24 analyses, an engineering analysis of the 0010 1 event at the plant as it unfolds, and an 2 analysis of the amount of radiation to which 3 the public may be exposed in the event of a 4 release. 5 Depending on the severity of 6 the event, the Department provides Protective 7 Action Recommendations to the Governor, who 8 will make a final decision on actions to be 9 implemented to protect health and safety. 10 Protective Action Recommendations for the 11 public may include the administration of 12 potassium iodide, evacuation, sheltering, and 13 access control within the affected, or 14 potentially affected, area. The Act also 15 specifies that the Department develop and 16 implement a comprehensive monitoring strategy 17 that includes the daily monitoring of levels 18 of radioactivity in the environment. The 19 Department also provides public health, 20 safety, and technical guidance with respect 21 to the preparation and implementation of the 22 Plan. The Department's final responsibility 23 under the Act is to conduct, in cooperation 24 with the State Police, public hearings 0011 1 annually in each designated county to 2 determine the adequately and effectiveness of 3 the Plan. 4 Members of my staff that are 5 here tonight from the Department of 6 Enviromental Protection are, and they seem to 7 be taking over this corner, first is Pat 8 Mulligan, who's the Bureau Chief of Nuclear 9 Engineering. Besides him is Nick DePierro, 10 who's retiring soon, and is very happy this 11 may be the last time he'll be here, Karen 12 Sallio, Paul Schwartz, Anne Foth, and in the 13 back Rich Penney, and up front you may have 14 met Carol Shepard. Thank you. 15 MS. LIPOTI: Before we get to 16 the main purpose for our hearing, which is 17 for us to hear what you have to say, I would 18 like to briefly highlight some changes that 19 have taken place in the REP program since 20 last year. Mr. Baldauf, would you describe 21 the improvements that were made by the Bureau 22 of Nuclear Engineering? 23 MR. BALDAUF: Sure. You have 24 one of the handouts that go through the seven 0012 1 bullets, but I won't read it word to word, 2 but I just want to give you a flavor of some 3 highlights over the last year. 4 The first one, the Bureau of 5 Nuclear Engineering contracted Vex Nuclear 6 Services to perform an independent review of 7 the Oyster Creek drywell, three-dimensional 8 analysis. Vex recommended the continued 9 measurement of drywell thickness and 10 evaluation be an ongoing process, and at the 11 interval of inspections that measurements be 12 done and evaluated as frequently as practical 13 in the early years of extended operation. 14 This is consistent with the State of New 15 Jersey position that it wouldn't be prudent 16 to inspect 100 percent of the drywell bays 17 during the fall fueling outage for sandbed 18 coating failures. 19 The second bullet, during a 20 planned cable replacement within a nonsite 21 cable -- cable vault plant workers at the 22 Oyster Creek Nuclear Generating Station 23 discovered water within the vault. As part 24 of Exelon's investigation they discovered and 0013 1 fixed two active pipe leaks. Exelon 2 continues to sample the onsite ground water 3 monitoring wells in the vicinity of the 4 underground cable vault to determine whether 5 the tritium is migrating towards the property 6 boundary and to ensure that the tritium 7 levels decrease as would be anticipated if 8 the leaks were terminated. The Department, 9 the Bureau of Nuclear Engineering has been 10 receiving split samples from these wells for 11 independent analysis of tritium and gamma 12 emitting radionuclides via our radiological 13 contract laboratory. The analytic results of 14 the split samples, the Department's split 15 samples may be viewed on the BNE's website. 16 The third bullet, which I 17 believe is the handout that is missing now, 18 the Department of Homeland Security and 19 Federal Emergency Management Agency and the 20 Nuclear Regulatory Commission jointly issued 21 a Supplement 4 to NUREG, and I won't go 22 through the number, to provide additional 23 guidance to development, review, and 24 evaluation of offsite radiological emergency 0014 1 response planning and preparedness 2 surrounding the nation's commercial nuclear 3 power plants. The BNE in -- in coordination 4 with other state and local response 5 organizations are in the process of 6 evaluating the document, preparing comments. 7 This might be very important to anybody here 8 who's interested reviewing the document. It 9 really does fit the scope of why we're here 10 tonight. And the public can -- public 11 comments are being solicited. And it's very 12 a simple process. You can just go on 13 www.regulations.gov. You have until October 14 16th of this year. I think that's when the 15 public comment period closes. But feel free 16 to take a look at that, and if you're 17 interested you certainly can go forward and 18 comment. 19 The next piece, the DEP has 20 contracted with Envitech to provide a new 21 computer system for the air pollution, 22 radiation data, and early warning system. It 23 is designed with failover capability and 24 multiple redundancies to ensure maximum 0015 1 reliability. The system also has extensive 2 alarm capabilities to notify staff of system 3 failures and above normal environmental 4 conditions, including ambient radiation 5 levels, via text messages and email. In the 6 spring of 2009 two monitoring stations around 7 Oyster Creek that had been unable to transmit 8 data for an extended period of time due 9 failed telephone lines were restored. These 10 two sites were converted to wireless 11 communications. They're now successfully 12 transmitting data again. And as of June 30th 13 of this year a total of eight monitoring 14 stations have been upgraded to wireless 15 communications. 16 The environmental group 17 generated element correction factors, the 18 acronym ECF, for over 500 TLD badges during 19 the month of August and September 2008. This 20 represents the entire population of TLD 21 badges available for deployment in the 22 field. The positive step here is the 23 application of ECFs compensates for slight 24 variations in readings between individual 0016 1 badges, thus normalizing TLD performance. 2 And lastly, in July of 2007 3 PSEG formed a license renewal project. 4 They're seeking 20-year operating license 5 renewals from the NCR for units in Salem and 6 Hope Creek. The 40-year operating licenses 7 will expire as follows, Salem 1, August 8th 8 of 2016, Salem 2, April 4th, 2020, and Hope 9 Creek, April 11th, 2026. The present 10 schedule for submittal to the NRC of all 11 three license renewal applications is August 12 of this year, next month. Public 13 participation will be encouraged during the 14 renewal process via public meetings and 15 dissemination of information by PSEG and the 16 NRC. 17 And like Dr. Lipoti had said 18 before, all this information is spelled in 19 greater detail in all the fact sheets. If 20 anything is missing you can get on our 21 website or give us your card. Some isn't on 22 the website right now, but it will be. If 23 you give us your card we'll get something to 24 you right away. Thank you. 0017 1 MS. LIPOTI: Thanks. So we'll 2 now proceed with the public's questions and 3 comments. Those individuals who wish to 4 speak should complete one of these speaker 5 registration cards and hand it to Carol. And 6 I will call the speakers' names in the same 7 order that I received the registration 8 cards. When I call your name, please come to 9 the table and face us, the panel. I have 10 eight so far. Face the panel and make 11 yourself comfortable. Before you begin your 12 comments, please state and spell your name 13 for the reporter. We're going to limit 14 speakers to about five minutes each. If time 15 remains after everyone's had a chance to 16 speak, I'll invite additional comments from 17 those individuals that have already spoken. 18 And I just ask that in fairness to the 19 speaker that everyone refrain from commenting 20 during their -- their talk. And so we'll 21 begin. And I will call on -- our first 22 commenter is Edith Gbur. 23 MS. GBUR: Is this okay? 24 MS. LIPOTI: That's fine. If 0018 1 you want to have a seat you can. 2 MS. GBUR: Okay. I'm president 3 of Jersey Shore Nuclear Watch. And we have a 4 small delegation here. And the reason why 5 we're here is because we've been coming to 6 meetings for eight or nine years, and 7 although we come here all the time with the 8 same criticism, and that is the excavation 9 plan will not work, nevertheless we like the 10 democracy here and we like -- and -- and the 11 fact that the DEP has listened to us on other 12 issues, so someone is listening. Now there 13 are not a lot of people here because -- 14 because the evacuation plan -- the complaints 15 that people have about the evacuation plan 16 have not been taken seriously. In 2004 the 17 Asbury Park Press wrote a series of 18 articles. In one of the articles it said 19 that given the population growth and the lack 20 of -- of work on the roads the best 21 evacuation plan would be if it didn't have to 22 be implemented. Now since that time the -- 23 there's been a lot of criticism of Oyster 24 Creek. And I'm glad to hear that the DEP has 0019 1 taken into account some of the criticisms -- 2 criticism. The tritium leak and the drywell 3 liner, these are more causes for why it's 4 good to have an evacuation plan that works 5 and that -- and -- and why our criticism 6 should be taken seriously. Now I have a 7 question. What happens if you turn down and 8 say an evacuation plan will not work? And 9 I'm talking about the Sheriff's Department 10 and the DEP. I'd like to know -- I'd like to 11 also know what the Governor thinks about the 12 evacuation plan. I think that's the most 13 important thing that we can do here today, is 14 to find out what happens if we say no. Thank 15 you. 16 MS. LIPOTI: Richard, would you 17 like to address the evacuation plan? 18 LIEUTENANT SENSI: Every year 19 we hear the same thing, the plan won't work. 20 We drill, we run the plan, we test the plan. 21 We have excavation time estimates for the 22 plan. We -- we have planned routes. We have 23 alternate route alerting. We have the siren 24 system. Everything we have we believe the 0020 1 plan will work, or else we wouldn't have it 2 in place and we would change the plan. We 3 feel the plan will work. I don't know how -- 4 other than if there were an actual emergency 5 where you would have to run the plan how you 6 would know if it actually worked. You know, 7 in our opinion the plan will work. We have 8 it, we test it, we drill it. We're graded by 9 FEMA. FEMA comes in. They're -- they 10 believe that we've shown that -- we've shown 11 compliance that the plan will work. I mean I 12 don't know how to address your question other 13 than we're ready to run the plan. We -- we 14 have it in place. We drill it. We believe 15 the plan will work. What -- what information 16 do you have that the plan won't work? 17 MS. GBUR: Well, you ask -- do 18 you want me to answer it? 19 LIEUTENANT SENSI: Sure. 20 MS. GBUR: Well, there was a 21 fire in 2002 at Double Trouble State Park. 22 The police couldn't even get through the -- 23 to the expressway. How are they going to get 24 through if there's an emergency? Like when 0021 1 you had Hurricane Katrina you had sometimes 2 five day -- I'm not sure if it was five days' 3 notice, five hours' notice. You don't -- you 4 won't have notice like that if there -- if 5 there is a nuclear accident here. And you 6 have plumes. The plumes will travel as fast 7 as the wind blows and the wind doesn't -- 8 changes directions, so -- so -- so that 9 alone -- just history and what's happened 10 before is -- is -- is an example. Now you 11 have drills all the time and that's great. 12 Things work out well on a piece of paper but 13 not in real life. 14 LIEUTENANT SENSI: Well, if 15 they were a plume that wouldn't -- in -- in 16 fact, we would have an evacuation. That's 17 why we have the BNE working. The BNE 18 would -- would make a recommendation. The 19 plan would make -- make a recommendation. 20 It's possible that the recommendation could 21 be shelter and place based on the -- the 22 plume and the wind speed. So we can't say 23 that we would evacuate just because there 24 were some type of a release or a plume. 0022 1 Well, we didn't -- the fire wasn't the 2 radiological emergency response plan 3 excavation. That's a totally different 4 situation. We'd have -- we would have 5 sirens, we would have excavation routes, 6 evacuation plans, we would access control 7 points set up. To -- to excavate the people 8 would be a different plan. That plan was not 9 run for the fire. The fire was different. 10 MS. ARNONE: That's -- that's 11 where the problem comes in. You -- you have 12 all these plans, all this, you know, data, 13 fact sheets, all this stuff, but when that 14 fire occurred there was no access for even 15 the firefighters to get through, so -- 16 MS. LIPOTI: Excuse me, Liz. 17 This is Liz Arnone, correct? 18 MS. ARNONE: Yes. 19 MS. LIPOTI: Let's -- let's try 20 to keep the order of things. 21 MS. ARNONE: Okay. I'm sorry. 22 MS. LIPOTI: I'll be happy to 23 get to your question later, but we have a 24 process and we have a court stenographer. 0023 1 MS. ARNONE: I didn't realize I 2 was going against -- 3 LIEUTENANT SENSI: That's 4 okay. But I understand your -- your point, 5 and your point -- what I'm trying to explain 6 to you is you're comparing the radiological 7 emergency response plan to an incident that 8 happened with the fire. That is not the 9 plan, and the plan is a whole different set 10 of -- of directions, access -- a whole set 11 of -- of things that we put into place. That 12 wasn't run with the fire. The fire was a 13 different situation. It wasn't run by us for 14 a radiological emergency response plan 15 evacuation, so to compare and say because 16 there were problems with the fire that the -- 17 the radiological emergency response plan 18 won't work it's -- that's not fair to say 19 that, because that's not what happened. We 20 did not run that plan for that fire. 21 MS. ARNONE: May I speak or do 22 I have to wait my turn? 23 MS. LIPOTI: I'm just going to 24 ask if the State Police have anything else 0024 1 and then I'm going to -- I'm going to call on 2 Jeff Brown and then -- 3 MS. ARNONE: Yeah. 4 MS. LIPOTI: But, Liz, are you 5 one of the people that signed up? 6 MS. ARNONE: Yes. 7 MS. LIPOTI: Okay. Good. 8 MS. ARNONE: I'm sorry. 9 LIEUTENANT SENSI: So as far as 10 the plan goes just for that point, no, we did 11 not run the plan for the fire. The fire was 12 a different situation completely. It had 13 nothing to do with us, so it's not fair for 14 you to say our plan won't work because they 15 had an issue with -- with moving people 16 around during a fire. That -- that is 17 totally two different things. 18 MS. LIPOTI: Okay. I'm going 19 to call on Jeff Brown next. 20 MR. BROWN: Thank you, 21 Dr. Lipoti, panel. This is my sixth year, I 22 believe, of coming to these meetings. A few 23 thank-you's to start with. I'd like to thank 24 the State Police for providing written 0025 1 material. I believe this is the first time 2 that I've collected that. And I'd also thank 3 the DEP for its -- its documents. I want to 4 thank you for the statement about the 100 5 percent of the drywell bays being covered for 6 the inspection. We certainly appreciate your 7 support on that. I'm wondering in terms of 8 the wireless monitoring stations, what about 9 a battery backup yet? We frequently 10 requested battery backup to these stations, 11 but I don't think they've been supplied as 12 far as I know. On your BNE improvement 13 statement, the last point regarding what's 14 happening at Salem, I'm wondering how the DEP 15 feels about the -- PSEG coming in so far in 16 advance for a renewal when a lot of the aging 17 management problems will happen as the plant 18 ages. And the drywell liner was, as you well 19 know, nothing that came up because of the -- 20 Exelon, or because the NRC, or even the DEP, 21 but because of -- of the citizen groups that 22 brought that to the public's attention. So 23 it seems to me that it's a huge mistake to 24 let Hope Creek get a renewal when its license 0026 1 is renew -- is -- is up for 2026 and give 2 them a renewal now. The -- the Catch 22 3 logic is outstanding to me. Regarding the 4 purpose of this meeting, however, you said 5 it's to deal with the adequacy and the 6 effectiveness of the Plan. I think, 7 Lieutenant, that our concern is, what does it 8 mean for the plan to work? Now, as I 9 understand, in military campaigns there's a 10 thing called expendables. When -- when 11 planning for D-Day there's an expectation 12 that so many people are going to die and that 13 gets evaluated. Now, I've not -- and having 14 read the plan a few years ago, I haven't read 15 updated versions, but I didn't see any 16 indication of this. But the reality is we 17 know if there's a serious problem -- and we 18 agree with the DEP that terrorism is a 19 serious problem, a potential threat to this 20 plant. I am more worried about a terrorist 21 attack on that plant that would establish an 22 ongoing fire that would release radiation 23 into the atmosphere for days and weeks and 24 maybe months. A little -- a burp of 0027 1 radioactive gases, that's bad enough, but I 2 don't think is the big problem. The problem 3 that we are worried about is that we think we 4 could be a target between Washington and New 5 York and, therefore, we're concerned with 6 ongoing radiation exposure. There was an 7 article in today's paper about the one 8 surviving terrorist in the Mumbai attack. 9 And he's talking casually about, you know, I 10 got recruited and what they went into -- to 11 destroy and to kill people. So we know these 12 people are real. And -- and we're in their 13 -- their cross hairs. Now I get back to the 14 question of the expendables. As a person who 15 lives here I think that there's a calculation 16 someplace or there should be a calculation, 17 you're shaking your head no, that there 18 should be a question of anticipated 19 causalities. If a plume would travel in -- 20 in three to four hours -- if it's going to 21 take nine -- nine-and-a-half hours or 23 22 hours or whatever it is to get out of here 23 we're going to be exposed. Some us are going 24 to be exposed to radiation. We know that 0028 1 will lead to cancer. We know that will lead 2 to some possible radiation poisoning right on 3 the spot. We know that that could lead to 4 genetic abnormalities. We know that will 5 lead to aborted feces. So the question for 6 us is, what's acceptable level of our being 7 expendable? And I think unless you factor 8 that into the plan and tell the public 9 honestly, okay, if this is the scenario that 10 happens we anticipate, and maybe it's the 11 public health people who do the calculations 12 on this, we anticipate this many fatalities, 13 this many illnesses, this many cancers. And 14 I think it's disingenuous not to tell us what 15 that number is at -- at best and it's 16 dishonest at worse, because it seems to me 17 that it's -- it's a social control plan 18 that -- to keep us from panicking. And we 19 would rather know what are our chances, 20 what's the risk of this plant, and is it 21 worth it? As a person who has lived in Ocean 22 County for one more year since our last 23 meeting I am convinced that the plan will not 24 work in that we will not get out in a timely 0029 1 fashion. We will be all -- we will not all 2 be protected from radiation exposure and, 3 therefore, to us it's a contradiction. It's 4 an oxymoron to say that this plan can work if 5 it means total protection. Thank you. 6 MS. LIPOTI: So I wrote down 7 three issues for us to answer. The first two 8 our DEP questions. The first one is about 9 backup systems for the CREST sites, and the 10 second one is about how we will treat the 11 early submittal for license renewal for Salem 12 and Hope Creek. 13 MR. BALDAUF: Okay. On the 14 CREST sites, if you take a look at the fact 15 sheet, we're very exited at the point we are 16 now with the wireless communication because 17 of the reliability. We're not quite there 18 yet. We don't have all the sites, but we're 19 getting there. It will take some time. But 20 as a fail safe we also understood we needed 21 secondary means of data communication. And 22 what that would be is dial-up telephone lines 23 would provide an alternate means of 24 communication should wireless become 0030 1 unavailable. And the central computer system 2 in Trenton would automatically switch those 3 dial-up lines if for some reason the wireless 4 lines weren't available. So considering 5 where we've come, and -- well, Ann might 6 object, it was a relatively short time frame, 7 but where we've come, once we have that fail 8 safe we're fairly confident that we won't be 9 in a position where it is possible we might 10 have an outage in a certain area but we'll 11 always have coverage in each of the 12 quadrants that we have to have. The 13 second -- 14 MR. BROWN: Pardon me. Can I 15 just clarify? So you're saying you don't 16 need batteries, is what you're saying? 17 MR. BALDAUF: Well, we do not 18 have any battery backups there, do we, Ann? 19 MS. FOTH: We do not. We've 20 investigated a potential for some solar, but 21 there's nothing that I found that will 22 support our electrical requirements given the 23 constraints of our sites as they're designed 24 right now. It is something that I'm 0031 1 certainly keeping in mind and as I 2 investigate different technology improvements 3 to see if there's something we could do. But 4 we do not currently have battery backup. 5 MR. BROWN: So -- but are you 6 suggesting that the telephone lines don't 7 need electricity at the site so you're -- 8 you're going to get -- I'm not quite clear on 9 what you're saying. 10 MR. BALDAUF: I think in the 11 best case scenario you would have battery 12 backups, but right now we have two -- you 13 would have a backup dialing phone line. It 14 is possible in severe circumstances you could 15 lose both, but at least we would have the 16 dial-up backup instead of just solely relying 17 on the wireless. 18 MR. BROWN: Thank you. 19 MR. BALDAUF: Your second 20 question with the early submittal of the PSEG 21 applications, to be honest, I'm not sure I've 22 been asked that question, but my answer would 23 be that I think it's proactive on PSEG's side 24 because obviously it's extremely complicated, 0032 1 the renewal process. And I'm not sure if 2 there's any detriment to them coming in a 3 year before or five years before, because you 4 can still plan and go through and make 5 decisions based upon that time frame, meaning 6 that you're not going to go through -- I 7 think the last expiration is 2026. You're 8 keeping that in mind and track the whole 9 time. Whether you're doing the study 2012, 10 or 2015, or 2025 you still know 2026 is 11 starting another 20 years, so it actually 12 gives PSEG more time to be able to put 13 programs in place or modify existing programs 14 to make sure that at the end of that 20-year 15 cycle, whether it ends in 2030 or 2050 that 16 they can reach their goals. So, no, I don't 17 think it's a detriment. I think it gives all 18 parties -- and as you're probably aware, a 19 lot of people take a lot of time to do this, 20 whether it's from the industry side or it's 21 from NRC or it's the Department's 22 involvement. I think it allows much further 23 extension from you and you very well may end 24 up with a better product at the end of the 0033 1 day than you had if you have a short term to 2 make the renewal decision. 3 MR. BROWN: Can I clarify? 4 MR. BALDAUF: Yes. 5 MR. BROWN: In our case of the 6 thinning of the drywell liner here in Oyster 7 Creek, maybe that thinning wasn't so obvious, 8 you know, 19 years ago, but if you renew the 9 license 19 years before it's up -- okay. 10 Oyster Creek had about two-and-a-half to 11 three years for the process, so it was time 12 to -- for them to do their investigations and 13 us to raise our concerns, but suppose it was 14 something like a thinning of the liner that 15 doesn't show now but it would show up in 2021 16 or 2022? You're -- you're going to miss the 17 problems that are going to come up because 18 the plant's getting older, or if you give 19 them a license renewal now. I'm sure the 20 assumption is that their ongoing monitoring 21 is perfect and, therefore, they'll catch 22 anything else that goes by, but they didn't 23 catch the drywell liner at Oyster Creek. 24 MR. BALDAUF: Yeah. I mean I 0034 1 understand your point, but on the other hand 2 it's -- it's not responsible in a way if 3 something failed before you're in a position 4 to review it. And there are programs in 5 place to catch those things. Now they're not 6 100 percent. And as you can see in -- in the 7 liner situation there were -- there was a 8 program in place. You can argue it wasn't as 9 effective as it should have been and needs to 10 be improved, but the reality is that those 11 ongoing maintenance and inspection plans can 12 certainly be augmented, whether it's ten, or 13 15 years, or closer to the inspection date. 14 So I mean to be perfectly honest, there's 15 always going to be possibilities if something 16 slips through, but I think the more lead time 17 that you have, whether it's industry or from 18 a regulatory side I think it benefits. 19 MS. LIPOTI: And the last point 20 that you made had to do with the function of 21 the emergency response, particularly the 22 excavation plan and its annexes to 23 terrorism. I'm going to send that to the 24 State Police. 0035 1 LIEUTENANT SENSI: Last year 2 under a new guideline from the NRC we started 3 and tested for the first time at Oyster Creek 4 a hostile action based drill to be performed 5 there. We got the state, the local, the 6 county office of emergency management, first- 7 aid departments, fire departments, had a 8 drill coinciding with the plant security, 9 their fire and first-aide, and actually ran a 10 drill as if a hostile action had taken place 11 at the plant. Amounts of radiation leakage, 12 or whatever type, plume, whatever release, 13 that's inconsequential to our plan as far as 14 getting ready for a terrorist attack, some 15 type of hostile action where we have to 16 drill. The amount of the release -- 17 MR. BROWN: Right. 18 LIEUTENANT SENSI: -- is -- is 19 not inconsequential -- 20 MR. BROWN: Right. 21 LIEUTENANT SENSI: -- for -- 22 for you. So we have begun to take that into 23 consideration. This year we're going to test 24 Salem/Hope Creek with a hostile action plan. 0036 1 And that will become part of our cycle of 2 different types of -- whether it's a plume 3 release, a non-release, congestion pathway 4 exercise that will be cycled through and 5 graded also from FEMA. So we are taking into 6 account what would happen in a hostile 7 action. Your next point. First of all, we 8 would never, ever in the State Police 9 classify a citizen as an expendable. That's 10 just -- that's irresponsible to say that, 11 number one. Number two, as far as the State 12 Police is concerned, there is no acceptable 13 expendables. Our job is to get every citizen 14 safely out of this area if there were an 15 accident. We have no factor to lose people. 16 We're -- we're not in that business. It's to 17 save everyone. It's to get everyone out 18 safely. And that's for an accident, an 19 automobile accident, whatever it might be, a 20 child. Everyone gets out safely. That's 21 our -- that's -- that's our goal. There is 22 no expendables. There's no number figured 23 in. That's plain and simple and -- and 24 honest. I can tell you that. We do not 0037 1 factor in anyone getting hurt, killed, what 2 -- whatever you might call it, expendables, 3 however you classify it. That's not what we 4 would do. As far as your point of people 5 being -- picking up some dose of the -- from 6 radiation, that's why we have the d-con 7 centers, the reception centers. Our -- 8 again, our goal with access control is to 9 guide everyone safely out of the EPZ to some 10 type of reception center and then have those 11 people tested to see if they did pick up any 12 dose of radiation. If -- if -- if you don't 13 we would then get you, move you out. If you 14 took -- made sure you had the KI if you 15 needed to take it, then get you out of this 16 area. If you did for some reason pick up 17 some type of dose, your vehicle picked up 18 some type of dose of radiation of course that 19 vehicle would have to be then impounded. You 20 would then go through a reception center, be 21 d-con'd. Hopefully it's just some type of 22 surface radiation that would be removed 23 through showering or whatever, if not we 24 would have a first-aide squad ready to take 0038 1 that person to a hospital. So we're very 2 concerned with the safety of everyone. One 3 our planners lives in the EPZ of -- of Oyster 4 Creek. He lives there. He feels safe with 5 this plan. He feels safe that he would get 6 out. So again, no -- no -- no acceptable 7 loss. There is no acceptable loss. This 8 isn't a war. This isn't a classification of 9 an expendable. We don't have that. We don't 10 -- we don't even consider that, so, you know, 11 I don't know -- 12 MR. BROWN: May I respond? 13 LIEUTENANT SENSI: Yes. 14 MR. BROWN: I mean I -- I 15 appreciate your concern and the -- the 16 thought that's gone into what to do if we get 17 contaminated and all that type of thing, but 18 from our standpoint your plan lacks 19 credibility, because not everybody does 20 survive accidents on the -- on the Garden 21 State Park or Route 70. 22 LIEUTENANT SENSI: Correct. 23 MR. BROWN: There are deaths. 24 LIEUTENANT SENSI: Yes. 0039 1 MR. BROWN: So if this plan 2 ever has to go into effect from our 3 perspective there are going to be 4 casualties. I'm not saying you're designing 5 the casualties, but I'm saying unless you 6 take into account our possible casualty rate 7 your plan will lack credibility because it's 8 totally idealistic. Now maybe -- I mean I 9 think it's appropriate that you -- you strive 10 for the perfect and try to protect all of us, 11 but you can't do it. So to the extent that 12 you tell us you're operating on an idealistic 13 level, and we're here in traffic jams all 14 night long and can't even get to the grocery 15 store, we say it doesn't compute. 16 LIEUTENANT SENSI: Well, 17 whether it's state, county, or local police 18 their goal is safety for everyone on every 19 road every day. There's no acceptable death 20 rate on any highway. 21 MR. BROWN: But -- but suppose 22 -- 23 LIEUTENANT SENSI: It's not 24 acceptable, it's not accounted for. 0040 1 MR. BROWN: Suppose you knew 2 that your plan would -- would lead -- would 3 create a very large number of deaths in Ocean 4 County, suppose you knew that from whatever 5 calculations. This was the prior question 6 that Edith was asking. When does the plan 7 fail? If you -- if -- and that's what we're 8 asking for. Our lives and our deaths are a 9 realistic indicator of whether this plan will 10 succeed. And if you can say ten percent of 11 the people may contract a disease or 12 something, that's too high, we don't accept 13 that. It's not that you have no plan. It's 14 that you're doing something else to develop a 15 different way of approaching the problem. 16 LIEUTENANT SENSI: Sure. But 17 based on populations in different areas we 18 have evacuation time estimates of how long it 19 will take a certain area to be able to 20 evacuate from the EPZ. They're going and 21 they're given a certain route. We have 22 access control to make sure they stay within 23 those routes. Each area has a different 24 excavation route, and we have access control, 0041 1 police officers, barricades set up everywhere 2 in those areas to get those people out in an 3 expeditious manner. Our estimates, our time 4 estimates for each area we feel are safe 5 and -- and you'll get out if we needed to get 6 you out. If -- if the fact would be to put 7 you -- if we would have to put you in harm's 8 way maybe the recommendation between the BNE, 9 the plant, between the office of emergency 10 management would be shelter and place. The 11 plume would move over and you would get less 12 exposure by staying in. But we would have to 13 evaluate that during the incident. We don't 14 know. The plume -- the -- the wind could be 15 blowing south. Everyone north for safety, 16 for -- for precautionary action would be 17 maybe to get everyone out, start -- if the 18 wind is blowing south everyone north leaves, 19 everyone south shelter and place. We take 20 each incident separately. And that's why 21 every year with -- when we have drill we're 22 not given the drill. It's not like they hand 23 you a piece of paper and say this is what's 24 going to happen, there's going to be a 0042 1 release, the wind is going to blow south, get 2 everybody ready, tell everyone. They tell -- 3 they start feeding us information. That's 4 how we test our plan. They want to know that 5 we can do it. 6 THE WITNESS: Mm-hmm. 7 LIEUTENANT SENSI: By giving 8 you an open book test it doesn't work because 9 then you do know it. So they test what we 10 would do. They test what the BNE would 11 suggest, they test what the plant would 12 suggest, and if they feel that they're 13 confident that we've proven that our plan 14 will work they give us a passing grade, if 15 not they tell us what has to be fixed. So to 16 tell you how the plan would work, it would 17 work different with what was released, the 18 amount that was released, the size of the 19 plume, the wind direction, because that also 20 factors in the population. If the wind is 21 blowing towards a higher population at a 22 faster speed at a larger amount maybe we 23 would tell you to stay home, shelter and 24 place. We're not going to allow mass 0043 1 confusion. We're not -- that's how we're 2 going to keep accidents down to a minium. 3 Will some -- could something happen? 4 Something happens on every roadway every 5 day. And it's not what anybody wants. Could 6 an accident occur? Sure. But our job is to 7 minimize that and by exercising the plan we 8 learn what would work and what wouldn't work. 9 MR. BROWN: Thank you. 10 MS. LIPOTI: Thank you. Paula 11 Gotsch. Paula, would you spell your last 12 name for the court reporter? 13 MS. GOTSCH: Sure. G, as in 14 girl, O-T-S-C-H. I've -- I've been reading, 15 I forget the name of it, the new NRC 16 Enhancement to Emergency Preparedness 17 Regulations. And this is something the NRC 18 put out there for us to make comments on. 19 And in this report they mentioned 12 issues 20 that they have a problem with at -- at -- at 21 the way emergency preparedness is operating 22 in nuclear plants now. And one of the ones 23 that -- that hit me especially was the 24 emergency plan effectiveness can only be as 0044 1 good as -- not -- not what you guys do, the 2 DEP and the police, but also what's going on 3 inside the plant at the same time. And what 4 they found problems with is that though the 5 emergency plan might call for a -- what they 6 call an STA. That's a site shift -- let me 7 get it. A shift technical advisor for every 8 plant. And they're supposed to be the person 9 who's there to be able to handle an -- an 10 emergency event that happens inside the 11 plant. And -- and that person is supposed to 12 be free of enough duties so that person can 13 do that. And -- and they have them on 24 14 hours supposedly. I don't know. I might ask 15 that question. Do we have one at Oyster 16 Creek? Then the other thing is that they 17 find that in -- in five out of the seven 18 plants that they investigated that person, 19 that STA person has been given other tasks 20 like -- quite often they put them on the fire 21 brigades, okay, because the fire prevention 22 is very iffy in these plants because of the 23 thermalite. We all know that. And so -- so 24 then -- these people get loaded up with other 0045 1 duties. That would absolutely keep them 2 from -- from performing their emergency 3 effectiveness duties. So I'm -- I'm just 4 saying I would appreciate it if the DEP and 5 the State Police would find out if they're -- 6 if they got people in the plant that are 7 doing the effectiveness things to make your 8 plan work. Now, I know a few months ago the 9 plant was cited because there was some kind 10 of a -- a thing that happened that they were 11 supposed to notify you guys and they didn't 12 do it for three hours, that they should have 13 notified you immediately. And if I remember 14 right, they didn't notify you until three 15 hours. And so -- and -- and they mentioned 16 that also in -- in these emergency plans. 17 They're also saying that they're not keeping 18 up with the population estimates. There's 19 about 12 things they're really concerned 20 about. And I suggest it might be worthwhile 21 for you to read these things because I think 22 you may be getting a false sense of security 23 about, you know, how your partners are doing 24 on this. The -- the other thing I'd like to 0046 1 say is that I read this whole plan over and 2 it felt like everybody was ignoring the 3 elephant in the room. And for us the 4 elephant in the room is the elevated fuel 5 pool. That is our achilles heel here. 6 There's enough Censium-137 in that fuel pool 7 -- in those fuel rods that could -- after 20 8 years of operation there's enough in there -- 9 there's more than all the Censium-137 in -- 10 in some horrendous accident. I can't 11 remember the data on that, but it's bad. And 12 the way -- that fuel pool was designed to 13 hold, I think, 24 -- 2,400 fuel assemblies. 14 There's now over 3,600 fuel assemblies in 15 there. And in the process of packing them in 16 now there's less water in between each one of 17 those fuel assemblies which makes it more 18 dangerous, more of a problem. Now the 19 problem in terms of the terrorists are that 20 there is no -- even the NRC admitted in their 21 report that there is no type of protection at 22 Oyster Creek, they even mentioned at Oyster 23 Creek, from an aerial attack. So here's what 24 I'd like to know. In your scenario for a 0047 1 hostile act, did you do your drill on an air 2 -- aircraft hitting that, or even a missile 3 hitting that fuel pool and rapid draining of 4 the fuel pool and any fire that would 5 happen? Because these things are too tight 6 anyway, because there's your worse -- there's 7 your worse nightmare right there. And -- and 8 here I'm reading this whole thing on 9 emergency preparedness, oh, we got -- we got 10 to make sure that the gloves are here and all 11 these very important things, but the elephant 12 in the room for these boiling water reactors 13 with the fuel pools on the top is the fuel 14 pool. And you're not going to have time. 15 And the other thing is in terms of -- you 16 know, it -- it really strikes me how really 17 well intentioned you are, and how serious you 18 take this, and how you're good people, you're 19 trying to do your job well, but as a nurse 20 you just can't take a whole bunch of 21 radioactive people into the hospital and 22 treat them either. Now everybody is 23 radioactive in the hospital. It's not that 24 simple, you know, there's things that happen 0048 1 with that, too. And then what was the -- oh, 2 I had one more question or point. Now I'm -- 3 oh, I know what it is. We were told at one 4 of the hearings that the NRC held that 5 they've hired 200 new workers other there at 6 Oyster Creek, 200 new workers I believe it 7 was. Okay? That's a lot of new people to 8 train to get used to their jobs. And I will 9 say this, I'm not going to put workers down 10 over there. They must be having a hell of a 11 time trying to do their job in that old 12 plant, and they're all doing the best they 13 can, but the last time they hired new workers 14 the regional office had a lot of problems in 15 how the new workers were handling what they 16 were doing. It's hard. It's -- it's -- it's 17 not easy. So they had to have oversight 18 and -- to help them. And they were warned if 19 they -- some things kept happening over and 20 over again at Oyster Creek that shouldn't be 21 happening, so they were warned. You got to 22 get these -- better training for these new 23 workers. Okay? So anyway, I feel like with 24 the fuel pool and with the -- the bursting 0049 1 pipes that shows that this plant has got a 2 lot of problems, add that -- that -- and I 3 think of Dave Lockbaum who said it's not the 4 stuff you're watching and the stuff you know 5 that's going to bite you in the you know 6 where, it's the stuff you don't -- you 7 haven't figured out. It's the stuff you 8 don't know that's -- that's rotting away. 9 And those are the kind -- between -- so 10 there's kind of like a perfect storm with 11 this plant that scares me because I see 12 there's a lot of things here to consider and 13 I don't know if it's being taken care of. 14 Okay. One last thing I was going to ask. 15 Oh, I know what it is. The State of New 16 Jersey had a terrific brief. I remember 17 reading it and thinking whoever wrote this 18 brief on the metal fatigue and the terrorist 19 attack, your contentions from the State of 20 New Jersey, that was one of the best written 21 briefs I've ever -- if you're responsible for 22 it congratulations. I think it was a lawyer 23 from the Department of Treasury. I don't 24 know who it was, but they did a great job. I 0050 1 mean I've been reading these briefs now -- I 2 know a good brief when I read it. I mean it 3 was spectacular. You should have gotten that 4 contention. The state should have gotten 5 those contentions. And I know that you're 6 worried about metal fatigue, you're worried 7 about terrorism, you're worried about the 8 fuel pool, and I know you're worried about 9 the evacuation plan. I'm trying to remember 10 exactly. But when that Southwest Airlines 11 plane popped that hole in it the other day, 12 and they said that was metal fatigue. And 13 they said why, why would a plane suddenly pop 14 a hole with metal fatigue, they said it's the 15 landings and the take-offs, the cycles that 16 embrittled the metal. Now recently we've had 17 three scrams over at Oyster Creek. You know 18 what a scram is, right? That's when they 19 shut down hot. And, man, that's like a -- 20 that's like a freight train hitting a wall. 21 That old plant just shutters when those 22 scrams hit. Okay? So there's your cycles. 23 And Ray Shadis who -- who worked hard on 24 the -- on the Maine Yankee said to me a 0051 1 nuclear plant only has so many scrams before 2 something pops. So like I said, I salute all 3 you well intentioned people. I think 4 you're -- you know, you're really trying. 5 You want to save people, but I don't know if 6 you're -- you know, if you're really aware of 7 all the things that are feeling like a 8 perfect storm to us. And I think that's all 9 I got. Thank you. 10 MS. LIPOTI: So what I have -- 11 listen carefully. I have eight issues that I 12 think came out of your statement, Paula. And 13 I'm going to send them various ways, except 14 one I'm going to answer myself. The first 15 one is about the duties of the shift 16 technical advisor or shift supervisor who 17 might be called on to have some emergency 18 planning notification duties and are they 19 distracted. So that's issue number one. 20 Issue number two is the issue of is 21 notification timely. And I think that one 22 I'm probably going to send to the State 23 Police because we had an issue last Sunday. 24 The notification was quite timely. 0052 1 MS. GOTSCH: I think they did a 2 lessons learned with that one. You don't 3 even have to answer that. That was a lesson 4 learned. 5 MS. LIPOTI: The third one is 6 about population estimates. And that is 7 definitely in the State Police camp. That's 8 something that you update periodically. The 9 fourth one was to read the document that you 10 were referring to. I can -- that's one I'll 11 answer. I can commit us. We read -- we read 12 a lot of stuff that comes out of the NRC. 13 That is one of the ones that we would -- and 14 Pat Mulligan will be heading that. The fifth 15 one is about the elevated spent fuel pool, is 16 it within tech specs and do we practice with 17 events such as a problem with the spent fuel 18 pool leading into an emergency, so that gets 19 to the types of scenarios that we would use. 20 MS. GOTSCH: Yes. 21 MS. LIPOTI: And Paul Baldauf 22 will handle that. Hospital planning for 23 contaminated patients. And I was going to 24 ask the Department of Health to further 0053 1 comment on that because he hasn't answered 2 yet. New workers and their training at 3 Oyster Creek. That's really an NRC issue and 4 so that's kind of off the table. The issue 5 of how our brief was written. That was the 6 Deputy Attorney General who wrote that on 7 behalf of the State and did do a marvelous 8 job, but we still lost. So that's kind of 9 off the table. So the first, shift technical 10 advisor. 11 MR. BALDAUF: Okay. I think 12 early on you had stated our partners with the 13 plant. And I think it might be helpful -- I 14 really think there's two avenues where we're 15 extremely aware of what goes on inside the 16 plant in two ways. One is with our drills. 17 We are required to have annual drills. As it 18 works out, we do more than what's required in 19 any given year. Obviously the site itself is 20 a partner in those drills, so we can see 21 failures in the drills and learn from them. 22 So if the failures are with DEP, with the 23 State Police, or with Exelon we know that. 24 We learn from that. The other avenue is real 0054 1 life. And that goes back to the 2 notifications. And there certainly have been 3 times where we haven't been perfect with the 4 notifications, but we've corrected that. It 5 may happen again, but the last few times that 6 come to mind when there have been 7 notification, whether there is an actual 8 emergency at the plant, or they discovered 9 tritium, the notification process and what 10 follows after that has been successful. 11 Certainly people might not like the end 12 result of what actually happened, but the 13 plan in place was followed as it should have 14 been. The appropriate people were reached. 15 They reached out to who they had to and the 16 operating procedures were effective. So the 17 question as to whether do we know what's 18 going on inside the plant, I think we know 19 what's going on very well. We do on a daily 20 basis have staff there, engineers there with 21 their own offices interacting. But the 22 purpose is for the BNE to be involved at that 23 level. So we do see things that, hey, this 24 doesn't seem right, or there may be a problem 0055 1 during an emergency, or this drill could be 2 improved by better communication in this 3 area. I think we have that. It's a 4 continual process. And all sides come 5 together and say the DEP could help us better 6 by acting this way and vice-versa. So I 7 think that's there. We're very aware of 8 what's go on inside the plant mainly because 9 many times we're there. 10 MS. GOTSCH: I think my 11 question was more specifically focused than 12 that. In other words, every nuclear plant is 13 supposed to have one of these STAs on duty 14 all the time. Is there a way of knowing 15 whether that person is free to be able to do 16 their function in an emergency? In other 17 words, is that -- is there a way -- now the 18 NRC is so concerned about this in their 19 report that I read that they are going to -- 20 they are considering making it a regulation 21 of what those people can be asked to do other 22 than their -- their very important emergency 23 role, because it's called -- what -- what do 24 you call it? Responsibility creep gets on 0056 1 these guys, you know, they keep giving 2 them -- maybe they're standing around too 3 much so they give them stuff to do, but 4 meanwhile that's interfering with the 5 emergency preparedness that you're counting 6 on. 7 MR. BALDAUF: Correct. 8 MS. GOTSCH: That you're 9 counting on. So it's not a matter of whether 10 they performed great once a year on the 11 drill. It's a matter of whether that person 12 is free to do his or her job all the time 13 because that's -- you know, this isn't -- 14 this is unforgiving technology. In fact, one 15 physician out west wrote a letter to the NRC 16 recently saying he considers nuclear energy 17 an act of treason because it threatens every 18 person living within a nuclear plant, that 19 is, if any other enemy threatened to kill 20 people like these nuclear plants could they 21 would be -- it would be -- well, it would 22 be -- if they -- he -- I mean that's very 23 radical, but you see what you -- you get 24 driven to sometimes when you don't get any 0057 1 response, that this is treason to endanger us 2 all. So my specific point was, is that 3 person free to do what they want to do, not 4 what they have to do? 5 MR. BALDAUF: It is -- 6 obviously NRC is the sole regulatory agency 7 here, so it is their responsibility to make 8 sure that individuals have appropriate 9 duties, they're not overtaxed and they have 10 the ability to do their primary function. I 11 think what I'm trying to make clear is that I 12 think we would be aware or we would be able 13 to recognize if there are cases when someone 14 is stretched beyond their limits, because our 15 procedures and our processes would break down 16 if we didn't see that. We might not 17 necessarily know who the individual is or 18 what the problem is, but things wouldn't 19 work. But I would suggest that your 20 concerns -- you can certainly write your 21 concerns and comment on the NRC rule making. 22 MS. GOTSCH: Yeah. Well -- no, 23 I intend to. 24 MR. BALDAUF: But it certainly 0058 1 is that detailed about individuals' job 2 responsibilities. We're aware when things 3 don't work. Certainly it's NRC's 4 responsibility to come in and say this is 5 incorrect, you need to change it. 6 MS. GOTSCH: I just think when 7 you read this report as a -- a lay person 8 reading this report -- and I know a lot. I 9 kind of like know a lot about this stuff 10 after years of this, but still I'm a lay 11 person. Reading it you realize that the 12 effectiveness of what you guys got to do 13 relies very much on -- on how things are -- 14 how things are handled in the plant, too. 15 And in this document the NRC is not happy 16 with some of this stuff. So I think maybe 17 you'll have suggestions for them, too, when 18 you read them. 19 MR. BALDAUF: Oh, absolutely. 20 I believe we will. 21 MS. GOTSCH: Okay. 22 MS. LIPOTI: Notification and 23 population estimate updates. 24 LIEUTENANT SENSI: The NRC sets 0059 1 -- and I think this is what happened, the NRC 2 sets regulations on how quickly and for what 3 type of incidents the plant has to make 4 notification. And I think the one you're 5 talking about was not that there was no 6 notification, I think the timeliness of the 7 notification. 8 MS. GOTSCH: It was the 9 timeliness. It was three hours. 10 LIEUTENANT SENSI: Outside of 11 the time limit. 12 MS. GOTSCH: Right. 13 LIEUTENANT SENSI: And I think 14 that's what it was. The last one we had was 15 very timely, because I got that call at 16 quarter to three in the morning. As far as 17 time estimates, time estimates -- 2010 there 18 will be a new census. At that time the 19 plants are required to do new excavation time 20 estimates based on the new census. So there 21 will be a census next year and then they will 22 have to give us the new excavation time 23 estimates based on the census. Now what FEMA 24 is recommending is that they go to a -- if 0060 1 it's every ten years they want a more 2 shortened time for the -- for the census 3 evacuation time estimates. So they're -- 4 they're recommending that they even shorten 5 the time. So maybe it might go to a lesser 6 time than ten years before the next one. But 7 there will be one next year. 8 MS. GOTSCH: Okay. So as of 9 now the plan is built on the ten -- the 10 census from ten years ago? Is that -- 11 LIEUTENANT SENSI: 2000. 12 MS. GOTSCH: Yeah. 13 LIEUTENANT SENSI: Now next 14 year they'll have the 2010 census. 15 MS. GOTSCH: Right. But -- but 16 we're going on the numbers from -- from the 17 census -- when was the last census? I'm 18 sorry. 19 MS. LIPOTI: 2000. 20 LIEUTENANT SENSI: 2000. 21 MS. GOTSCH: It was 2000? 22 Yeah. Okay. So -- and they're saying that 23 if there's a ten percent, at least a 10 24 percent growth they -- they cut off the ten 0061 1 percent line as making a problem for what you 2 guys got to do. If the population grows any 3 more than ten percent, starts to creep up, 4 now your evacuation plan is no longer valid 5 because the traffic -- the safety people 6 calculated that over ten percent of what 7 you're estimating people on the road is going 8 to shut down roads that you weren't even 9 aware of. So depending on whether in the 10 last ten years we have grown 15 or -- ten 11 percent or 15 or 20 percent we're already in 12 a mess. In other words, this is not going to 13 work already, that's what I'm saying, 14 according to the traffic safety people who 15 did a study on -- on this thing. 16 LIEUTENANT SENSI: Next year we 17 will get new excavation time estimates. 18 MS. GOTSCH: Right. I'm 19 certainly happy. Meanwhile -- 20 LIEUTENANT SENSI: Maybe 21 they'll shorten it or they'll increase the 22 percentage. 23 MS. GOTSCH: Well, that -- 24 that's another -- this report is great 0062 1 because they -- they are looking into a lot 2 of this stuff. They're saying we -- we've 3 got to update especially in areas like -- 4 like Ocean County that grew so 5 exponentially. Where areas have rapid 6 growth, ten years is too long. We're -- 7 already now the plan is not working. The 8 roads won't hold, your roads that the traffic 9 safety people said over a ten percent growth 10 and -- your roads are not going to support 11 your excavation plan. 12 LIEUTENANT SENSI: What study 13 are you citing, ma'am? 14 MS. GOTSCH: It's in -- it's in 15 that report. It's in the NRC10CFR5052, 16 Enhancement to Emergency Preparedness 17 Regulations. And they cite the traffic 18 report in there. 19 MS. LIPOTI: Elevated spent 20 fuel pool. 21 MR. BALDAUF: I got to see if I 22 remember the question. 23 MS. GOTSCH: The elephant in 24 the room. 0063 1 MR. BALDAUF: I think the 2 question rested around scenarios, did we look 3 at scenarios when that could possibly 4 happen. We made a special effort, or I 5 wouldn't say a special effort, but we 6 attempted to be as transparent as possible. 7 So you're obviously very -- you understand 8 our contentions and our concerns as they have 9 evolved over the years. There's no question 10 that we could have an exercise and could have 11 had exercises in the past where the problem 12 came from that area of the plan. Now was the 13 scenario a plane hitting it? In years past 14 it probably was not. The hostile action 15 drills that are coming out now are new. It 16 is very possible that things could evolve 17 into planes being part of it, but I think 18 it's -- it's -- the actual what causes it may 19 not be that important. For instance, if you 20 have the same type of release from that fuel 21 pool, whether it's just from some mechanical 22 type breakdown versus a plane the response is 23 still the same. 24 MS. GOTSCH: Right. 0064 1 MR. BALDAUF: But I think, and 2 this is going to take sometime to evolve, but 3 the hostile based drill is going to bring 4 realism in at least from a terrorist type 5 standpoint that you may have not had in the 6 past. And if you look at the proposal that 7 you were talking about, one of the guidance 8 they talked about is enhancing scenario 9 realism. 10 MS. GOTSCH: Yes. 11 MR. BALDAUF: And reducing 12 negative training and preconditioned 13 responses. 14 MS. GOTSCH: Exactly, yes. 15 MR. BALDAUF: And that's -- I 16 think even the focus is going to be there. 17 It may have nothing to do with an airplane, 18 but it's going to be things that I believe 19 aren't going to be -- a scenario you haven't 20 had in the past. They aren't going to be 21 routine. They're going to be unexpected. 22 Your response may be very similar to things 23 you drilled in the past, but the initiating 24 action, the idea with this will change, is to 0065 1 try to evolve. So, A, players can't predict 2 what the drill is going to be about, and, B, 3 it brings in some realism that could possibly 4 happen. However highly unlikely a plane 5 would be to practice it would serve a great 6 purpose. 7 MS. GOTSCH: After September 8 11th there is no highly unlikely. Let's face 9 it. 10 MR. BALDAUF: That's true. 11 I'll give you that. 12 MS. LIPOTI: And the last one 13 is about hospital planning for receiving 14 contaminated patients. And I had -- the 15 State Police offered to answer that one and I 16 was going to throw it Joe Pasqualo, but -- 17 LIEUTENANT SENSI: Either way? 18 MS. LIPOTI: Either way. 19 MR. PASQUALO: I'll take it. 20 MS. LIPOTI: Okay. Go head, 21 Joe. 22 MR. PASQUALO: Since 2002 a 23 great deal of resources have been put into 24 the New Jersey hospitals with respect to 0066 1 increasing chemical radiological emergency 2 search capacity, meaning would they be able 3 to handle an increased number of patients 4 that were suffering either from chemical 5 weapons or from exposure to radiation, 6 whether it was a nuclear generating station, 7 a dirty bomb, or a nuclear detonation. In 8 years gone by these issues really weren't 9 primary and the hospitals hadn't had to deal 10 with these issues, but as you say, since 11 2001, you know, things have changed. So the 12 Department of Health has shepherded a great 13 deal of federal resources and state resources 14 into every hospital in the state to enable 15 them to -- to deal with such emergencies. 16 Now specifically for radiological we've given 17 them survey equipment or, you know, helped 18 them acquire it, and also decontamination 19 materials that would be necessary to 20 ascertain the status of the patients and to 21 treat them, also making some arrangements for 22 increased beds. Obviously as you said 23 before, you can't just wheel in a hot patient 24 into the emergency room and -- and compromise 0067 1 the staff and other patients there. So these 2 types of issues represent some very 3 significant challenges to the hospital 4 system. And we've been working pretty much 5 around the clock to address that. I can tell 6 you that they all go through yearly exercises 7 in terms of using decontamination equipment 8 and survey equipment and patient management. 9 So each hospital has a different set of 10 problems in terms of, you know, their 11 hospital group, their beds and that sort of 12 thing, but all of them I can tell you are 13 aware of the -- of the issue and -- and made 14 significant strides in being able to deal 15 with patients that are compromised either 16 chemically or through radiological 17 contamination. I think that addresses the 18 issue. 19 MS. GOTSCH: A friend of mine 20 was an emergency room nurse over at Toms 21 River Hospital and they said they dread the 22 thought of them hauling radioactive victims 23 in, because they said there will be hell to 24 pay because they're hot. 0068 1 MR. PASQUALO: Well, that's -- 2 that's true. 3 MS. GOTSCH: The whole hospital 4 will be hot. And so the thing of it is are 5 we -- we don't like to think about those 6 things. We like to say, oh, well, you know, 7 we don't want to think about that, that's too 8 crazy. Well, the thing of it is this is what 9 we're dealing with. 10 MR. PASQUALO: Well, a lot of 11 people are thinking about it. 12 MS. GOTSCH: That's good. 13 MR. PASQUALO: As I said, 14 they've made some very significant 15 improvements in the ability to deal with 16 patients that are compromised, you know, in 17 such a way. You know, are we 100 percent 18 happy with where we are? No. But I can tell 19 you honestly as compared to where we were 20 several years ago we've made great strides in 21 being able to deal with that side of the 22 equation. 23 MS. GOTSCH: There must be a 24 better way to get energy, right? All right. 0069 1 Thank you very much for all your answers. I 2 appreciate it. 3 MS. CLEMENTE: My name is 4 Maryanne Clemente. I'm from Barnegat. I'm 5 very close proximity to Oyster Creek, 6 probably three miles from it. And I mean the 7 Lieutenant spoke very in -- not too much 8 detail really about excavation. I -- I -- 9 Edith had mentioned something about fire at 10 Double Creek, but we had a fire in Barnegat 11 where there was excavation involved. And it 12 was a diaster. This was only maybe two years 13 ago. And there's -- they say that a fire is 14 different than what your plan is -- is going 15 to -- to encounter, but the fact still 16 remains that you're dealing with people in 17 cars trying to get away on a two-lane road on 18 Route 9 or the Parkway, four-lanes whether -- 19 actually it's only two lanes, you're either 20 going to go one direction or the other 21 probably, or have all four going the same 22 direction, I guess. That -- that experience 23 reference was a diaster. I mean the -- the 24 Parkway was closed, granted some of it was -- 0070 1 the probably -- the right hand didn't know 2 what the left hand was doing and that may 3 have -- you may have something on that in 4 terms of your preparedness in terms of 5 planning, but I still think that it is a good 6 indication of what we facing in the limited 7 roadways that we have to -- to get out of the 8 area. Now, I would like to know from you 9 what -- what does your -- your -- your 10 testing involve? How do you get the volume 11 test in -- in place? Is all on paper, or is 12 only some of it on paper and, you know, the 13 rest of it you do actively? What is the 14 active part of your test in terms of an 15 excavation plan? 16 LIEUTENANT SENSI: The 17 excavation plan is based on excavation time 18 estimates where they have a volume how -- how 19 big a vehicle is, how fast the vehicle will 20 be going, how many vehicles are in that area. 21 MS. CLEMENTE: It's all on 22 paper? 23 LIEUTENANT SENSI: No. 24 MS. CLEMENTE: You don't have a 0071 1 drill? Do you have a drill? 2 LIEUTENANT SENSI: It's 3 actually done by tests. They test how 4 long -- how long a vehicle takes to travel on 5 a certain road, how fast those vehicles will 6 be going base on congestion and then the 7 distance they'll have to go, so -- 8 MS. CLEMENTE: So it's all on 9 paper basically? Calculations, a model? 10 LIEUTENANT SENSI: No, 11 calculations are done on an vehicle traveling 12 a certain distance. It's not -- they didn't 13 write it down as a formula. In order for 14 them to get an evacuation time estimate they 15 need to know how big a vehicle is by getting 16 in the vehicle, driving it this route, what 17 the speed will be, and of course the speed 18 will be diminished because of the volume, how 19 many vehicles are in that area based on 20 census, and then by figuring out that 21 calculation you figure out how long it's 22 going to take to get that last vehicle out of 23 that area. 24 MS. CLEMENTE: Okay. To me 0072 1 that's a paper -- a paper computer. That -- 2 that's something that's not practical. It's 3 not real. It's not like a fire drill where 4 you actually -- you know, a very small 5 example. But wouldn't it make more sense to 6 have a practical kind of test where you had 7 certain -- let's say you gathered a couple of 8 thousand people or several thousand people -- 9 LIEUTENANT SENSI: Let -- let 10 me go back again and ask you this, if I have 11 a vehicle, any car travel and drive that 12 vehicle two mile an hours through a certain 13 route how is that a paper estimate? 14 MS. CLEMENTE: Because you're 15 using -- your calculating it. 16 LIEUTENANT SENSI: No. 17 MS. CLEMENTE: It's a math 18 problem. 19 LIEUTENANT SENSI: You drive 20 it. No, actually get in it. 21 MS. CLEMENTE: So you take one 22 car and drive it. You don't -- 23 LIEUTENANT SENSI: Two miles an 24 hour, but -- but no matter -- and now I have 0073 1 to have 100 cars -- 2 MS. CLEMENTE: No, we have cars 3 coming from this direction, cars coming from 4 that direction and all -- all of the -- all 5 of the things that come into play. 6 LIEUTENANT SENSI: Let me 7 answer that. That's what happened with the 8 fire, because they had people coming back, 9 people coming, over people coming from 10 different directions. What we have -- what 11 we have in our plan is access control. You 12 won't be allowed to go the opposite way. 13 MS. CLEMENTE: Except you 14 can't -- you don't -- you don't practice it. 15 How do you practice that? 16 LIEUTENANT SENSI: Yes, we 17 practice. And we have -- people have 18 preassigned locations. They go out. We'll 19 do a route and we'll send everyone out to 20 their post. They'll go out and man all those 21 posts. 22 MS. CLEMENTE: With no cars? 23 LIEUTENANT SENSI: Well, there 24 will be vehicles there. If we were to say to 0074 1 you we want you for a drill -- first of all, 2 the liability issue would be a nightmare. 3 But if we asked you -- if we have all of you 4 participate, if we asked for help in a drill, 5 but how about the people out there now that 6 are at Joey's baseball game or Sally's 7 softball game or mom's for dinner. You know 8 that they're going to tell us? We got things 9 to do. I got to work. I got things to do 10 after work. People aren't going to all sit 11 here and come and get -- all right. There's 12 2,000 of us. We're all going to go down the 13 road. They're not going to do it. But what 14 you can do is you see -- if you get in a 15 vehicle that's going two miles an hour and 16 you drive from point A to point B you know 17 how long it's going to take. It's not going 18 to take any longer. You have to get 1,000 19 vehicles that far. It's not going to take 20 any longer. 21 MS. CLEMENTE: But it's the -- 22 it's not the -- it's not to -- to my mind 23 it's not -- it's not only the vehicle 24 traveling at a certain speed, it's the 0075 1 coordination that's involved from your 2 responders. 3 LIEUTENANT SENSI: But we do 4 actually test the coordination of the 5 responders. We send them to their points on 6 the route. So we know also, actually how 7 long it's going to take each person to get to 8 their access point, so we know that from this 9 time to this time everyone will be in place. 10 At that point we start our estimate. 11 Everything is closed off. Everyone is going 12 one direction around. We do not allow flow 13 back in towards the plant. When the fire 14 started you had people that were going 15 towards their house, people that were coming 16 in other routes, people that were getting off 17 different ways. Everyone will be funneled. 18 They're going to be controlled. The route is 19 going to be controlled. 20 (Whereupon, court reporter's 21 transcript ends at 8:25 p.m.) 22 23 24 0076 1 C E R T I F I C A T I O N 2 3 I, Joseph P. 4 Dromgoole, Professional Reporter and Notary 5 Public, do hereby certify that I reported the 6 hearing in the above-captioned matter; that 7 the foregoing is a true and correct 8 transcript of the stenographic notes of the 9 testimony taken by me in the above-captioned 10 matter. 11 I FURTHER CERTIFY that 12 I am not an attorney or counsel of any of the 13 parties, nor a relative or employee of any 14 attorney or counsel inconnection with the 15 action, nor financially interested in the 16 action. 17 18 ____________________ 19 Joseph P. Dromgoole 20 Professional Court Reporter 21 22 23 24 DATED: __________________