WPCNR COUNTY CLARION LEDGER. By John Bailey with information provided by Don Jacks, FEMA, Washington, D.C. July 25, 2003: WPCNR has been faxed a letter sent to Governor George Pataki of New York, Friday, informing the Governor that the Federal Emergency Management Agency has reviewed the Westchester, Rockland, Orange and Putnam County emergency plans and evacuation procedures in the event of an Indian Point radiation leak, and has reached a “determination of reasonable assurance that the off-site preparedness for the Indian Point Energy Center is adequate.”

The letter provided to WPCNR by Don Jacks of FEMA’s office in Washington, D.C., gives the Westchester County and three other county performances during the September 2002 emergency preparedness drills as indication, in their view that the counties are prepared.

The letter also notes that Westchester’s responses to FEMA suggestions since September have improved that preparedness, and gives the Westchester County cooperation as the reason why it can judge the emergency plans adequate. The text of the letter appears in the rest of this report:

Asked to comment on Governor Pataki’s broadcast comment this evening that “The Witt Report is accurate,” Mr. Jacks declined to comment if FEMA considered the report accurate, in which the Witt Report said evacuation plans were inadequate in the face of a fast-breaking terrorist attack.

FEMA executives listed  146 factual errors and flaws, and downright inaccuracies in the Witt Report when first submitted, which are documented in detail in a previous WPCNR report.

To access WPCNR's article, headlined "Witt-Washed" documenting the Pataki-characterized "accurate" report, do a search on the WPCNR site using the words, "Witt Report Errors." FEMA executives heaped harsh criticism upon the scholarship and expertise of the Witt Report by FEMA,  and all of their acid invective was published on the Journal News website, and removed within 24 hours after it was posted. Despite the documentation of Witt Report mistakes, Governor George Patak still described the report as “accurate,” today.  The Witt Report cost New York State approximately $850,000.

Jim Steets, Entergy’s spokeskman was heard on broadcast reports praising the decision that he characterized as being based on opinions of persons expert in safety at nuclear plants.

Jacks of FEMA added that some suggestions of the Witt Report had been incorporated by the counties in upgraded emergency plans since September 2002, but did not specify what they were, saying, “We took the Witt Report under advisement and included certain aspects of it.”

Asked what legal means he thought Westchester County could use to prevent the NRC from relicensing the plant, Jacks said he did not know and could not comment on that.

Legal speculators contacted by WPCNR felt that it was a murky issue whether the ruling had to challenged in state courts and then move through the legal system, or if it could be taken directly to federal court.

Jacks was asked what the NRC would do next, and he said FEMA has told the NRC, “we are ready to move ahead.”

Herewith is the text of the letter faxed Governor Pataki Friday announcing the FEMA decision, and provided to WPCNR by Don Jacks of FEMA in Washington:

The Honorable George Pataki

State Capitol

Albany, New York 12224

Dear Governor Pataki:

I am writing to transmit the Federal Emergency Management Agency’s (FEMA) determination of reasonable assurance that the off-site preparedness for the Indian Point Energy Center (Indian Point) is adequate. I also want to outline the additional actions FEMA is prepared to take to help make the region a model of preparedness for the nation.

Basis for Determination

After carefully considering all available information, we have reasonable assurance that appropriate protective measures to protect the health and safety of surrounding communities can be taken and are capable of being implemented in the event of a radiological incident at the Indian Point facility.

Emergency planning for Indian Point is an on-going, cyclical process. In early 2003, FEMA reviewed in detail all of the State and local plans received since the late summer of 2002 and notified the State and local counties of additional improvements needed in the plans. At present, three of the counties – Putnam, Orange, and Rockland – have updated their plans and provided an annotated list of their changes. Westchester County has also updated its plans with the assistance of outside contractors, but Westchester has refused to provide FEMA with a copy of those detailed plan updates. However, Westchester County has demonstrated an adequate level of preparedness by actively exercising their plans and participating in other planning and training events. Our finding is based on the following:

• Our February 21, 2003 letter transmitting the Indian Point 2002 Exercise Report to New York State reported that the September 2002 full-scale exercise of local emergency response plans was successful, with no Deficiencies in the off-site emergency protective measures used.

• In the most recent out-of-sequence demonstrations and drills related to the September 2002 exercise, the State and counties have continued to successfully demonstrate their ability to respond to the scenarios presented.

• In our review it is apparent that the plans from Rockland, Orange and Putnam counties have been further updated since the September 2002 exercise to address: (1) the 2003 Evacuation Time Estimate Studies (ETE), with shadow evacuation estimates; (2) Letters of Agreement between counties and resource providers, such as bus companies; and (3) planning for schoolchildren with appropriate notification and protective action decisions. These plans, including Westchester County’s plan, will be tested in the scheduled exercise in the middle of 2004.

• Although Westchester County has not permitted a detailed review by FEMA of its updated plans the County has worked with Entergy (Indian Point’s operator) to update its plans in response to comments from FEMA, it continues to participate in all drills, and continues to demonstrate its involvement by leading the Four County Nuclear Safety Committee and by attending other training and planning events.

The Future Security of Indian Point

In response to your (Governor Pataki’s) letters concerning the security of Indian Point, FEMA has been working with the Nuclear Regulatory Commission (NRC) to ensure that your issues are addressed. To demonstrate our commitment to help the State and affected counties become a model of preparedness for the nation, FEMA and the NRC will work with New York to include a simulated terrorist scenario as part of the next emergency planning exercise for Indian Point currently planned for the middle of 2004. In addition, our regional office in New York will conduct additional training and provide further technical assistance on preparing for and responding to Weapons of Mass Destruction attacks. To fulfill your prior request that FEMA and the NRC review the safety of Indian Point site, FEMA officials are available to meet with you to discuss federal guidance for offsite planning as they relate to potential terrorist threats.

We look forward to close coordination with yhour office to accomplish our mutual goal of assuring that the emergency response plans and preparedness not only continue to be adequate to protect the public health and safety but become a model for the nation. We remain available to meet with your office to further discuss our joint efforts and your suggestions regarding an improved radiological emergency planning process.

Sincerely

R. David Paulison

Director, Preparedness Division

Federal Emergency Management Agency