Requires operators of nuclear power plants to give notice of scheduled and unscheduled releases of radioactive materials and of breakdowns or malfunctions

4 Co-sponsors

• John J. Bonacic
• John A. DeFrancisco
• Martin J. Golden
• Liz Krueger

Title of bill

An act to amend the executive law, in relation to notice of emissions at nuclear power plants

Purpose

To create standards of public notification regarding the emissions, both routine and non-routine, from nuclear power plants.

Summary of provisions

To amend the Executive Law by adding a new section 29-f to provide for the public notification of emissions from nuclear power plants. Section 1 outlines legislative intent and defines "operator" as the entity that owns or manages a nuclear power plant. It also provides that:

* Notice of emissions would be made available to the public via a toll-free telephone number. Notice would also be given directly to the commissioner of health; to the chief executive officer of the county in which the plant is located; and to the chief executive officer of the city, town or village in which the plant is located.

* Public notice would be required

* At least 24 hours before scheduled releases

* As soon as possible, but not more than 24 hours, after unscheduled releases, breakdowns or malfunctions.

* Public notices would contain the total amount of radioactivity released; the estimated individual dose that may occur due to the release; weather conditions at the time of release; the area affected; the equipment that malfunctioned, if any; and the corrective actions taken.

* All notices shall be reviewed by the commissioner of health or his or her designee, who will consolidate them for distribution to the Public Service Commission, State agencies, public officials and interesting members of the public. Notice of releases that exceed technical limits or result in overexposure to plant personnel or members of the public shall be reviewed expeditiously.

* The operator of any nuclear power plant shall submit an annual report to the public utilities commission and the New York State library including the following information:

* Any safety-related incidents reported to the Nuclear Regulatory Commission during the previous year, including a statement of the cause of the incident, its effects on human health and the environment, corrective measures taken and costs.

* Unresolved safety issues as defined by the NRC, and the status of resolution.

Violation of this section shall be subject to a fine of not less than $1000, and not more than $25,000 per violation.

Section 2 provides that the act takes effect on April first after it becomes law.

Justification

This bill would improve the public's access to the operation of the six nuclear power plants in New York and thereby help to ensure operator accountability. The state of Maine currently maintains a toll-free telephone number that provides 24-hour updates on their nuclear power plant. Indian Point Three in Buchanan recently began operating a limited toll-free emissions hotline. The same - and more - should be done throughout New York State to assure that full information is provided to the public.

Legislative history

2007-2008 S.244 Referred to Veterans Homeland Security and Military Affairs 2005-2006 S.1675 Referred to Veterans Homeland Security & Military Affairs 2004 S.4058 Referred to Veterans Homeland Security & Military Affairs 2003 S.4058 Referred to Veterans Homeland Security & Military Affairs 2002 S.5226-A Referred to Finance 2001 S.5226 Referred to Finance

Fiscal implications

None to the State.

Effective date

The first of April next succeeding the date on which it shall have become law.