HomeMy WebLinkAbout2012-05-22; City Council; 20911; Amendment of the 2010 California Fire Code Local Conditions at Site of Prposed Power Plant West of Interstate 5, South of Agua Hedionda Lagoon East of NCTD Right of Way and North of Cannon Road Health Safety Code 17958.7CITY OF CARLSBAD - AGENDA BILL 13
AB#
MTG.
DEPT.
20.911
5/22/2012
CA
AMENDMENT OF THE 2010
CALIFORNIA FIRE CODE ARISING
FROM LOCAL CONDITIONS AT THE
SITE OF THE PROPOSED POWER
PLANT TO BE LOCATED WEST OF
INTERSTATE 5, SOUTH OF AGUA
HEDIONDA LAGOON, EAST OF THE
NCTD RIGHT OF WAY AND NORTH OF
CANNON ROAD PURSUANT TO
HEALTH & SAFETY CODE §17958.7
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
That the City Council hold a public hearing and INTRODUCE Ordinance No. CS-184 amending
the 2010 California Fire Code for local condifions pursuant to Health & Safety Code § §17958.5
and 17958.7.
It was originally thought that local condifions present at the site proposed for a second power
plant in Carisbad in proceedings now pending before the California Energy Commission would
be recognized and imposed as condifions to licensing that plant. The Carisbad Fire Chief and
Fire officials explained that local conditions required access roads of sufficient width and roads
enfirely surrounding the power plant to provide sufficient room to maneuver, stage and respond
to an emergency should one arise at the site. The Fire Chief and Fire officials testified that
prevailing winds could disperse a plume in the event of a major emergency over 1-5 and the
railroad corridor resulting in major disrupfions of major thoroughfares and making emergency
response difficult and complicated. In addifion, the proposed power plant would be located in a
bowl approximately 30 feet below the ground level and adequate access into and out of the
bowl was necessary in order to set up and stage equipment and evacuate the site if necessary.
Unfortunately, however, the recommendafion of the presiding member to the Energy
Commission is to ignore those concerns and instead follow the recommendations of its own
experts. The detaiis of confiicts will be explained below.
Although the City does not possess the power to change these conditions if imposed by the
California Energy Commission, it does have the legal power to amend its local fire code based
on these local geologic, climatological and topographical conditions (Health & Safety Code §§
17958.5 and 17958.7).
DEPARTMENT CONTACT: Ron Ball 760-434-2891 ron.ball(a).carisbadca.qov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED X
DENIED •
CONTINUED •
WITHDRAWN •
AMENDED •
CONTINUED TO DATE SPECIFIC •
CONTINUED TO DATE UNKNOWN •
RETURNED TO STAFF •
OTHER-SEE MINUTES •
ITEM EXPLANATION:
The application for certification of this power plant which is proposed to be located east of the
exisfing Encina Power Stafion, west of Interstate 5, south of Agua Hedionda Lagoon, east ofthe
NCTD right of way and north of Cannon Road is now pending before the California Energy
Commission. The Carisbad Fire Chief has testified and established minimum road widths
pursuant to Tifie 24 of the California Code of Regulafions, § 503.2.2 in order to safely and
adequately respond to any emergencies at the proposed plant. That section states:
"The fire code official shall have the authority to require an increase in the
minimum access widths where they are inadequate for fire or rescue
operations".
However, the California Energy Commission has paramount jurisdicfion over the site and may
impose condifions that are inconsistent with those established by the Carisbad Fire Chief. If so,
it is the fire chief and that department's position that health and safety and response to
emergencies will be compromised. Therefore, in that event, it is appropriate that the California
Energy Commission assume the role of primary responder and the Carisbad Fire Department
will determine on an incident-by-incident basis liow best to provide secondary assistance. This
is consistent with the recommendafion of the Presiding Member of the California Energy
Commission in part which has concluded that the landowner will be the primary responder and
will provide onsite fire and emergency systems and the Carisbad Fire Department will be
secondary. For example, when discussing a fimely emergency response, the Presiding
Member of the California Energy Commission Report states:
"This appears to be based in large part on its fire safety strategy in which on-site
systems, many of them automatic, along with trained plant personnel of the first
line of protection with the CFD first responders in a secondary response role"
(secfion 6.4-10)
Throughout the City of Carisbad developments are roufinely conditioned to comply with the fire
department's access and safety requirements. Virtually all ofthe developments underthe City's
jurisdiction are conditioned to comply with these requirements. It is only this particular project
which is subject to the paramount jurisdiction of the California Energy Commission that this
model is not followed. Therefore, the Energy Commission needs to satisfy itself that the
proposed condifions, knowing that the Carisbad Fire Department will be in secondary
responsive posifion, are adequate.
The proposed plant is depicted on Exhibit "A". It is located between Interstate 5 and the
railroad tracks, north of Cannon Road and south of Agua Hedionda Lagoon. There is an
underground sewer line, ufility lines and a proposed local rail trail at this locafion. It is very
confined. The fire access routes in this confined location and the location of the proposed
power plant are in a "bowl" making access difficult, and the lack of a complete road surrounding
the facility make it appropriate that these local condifions result in an amendment to the
California Fire Code recognizing them.
3-
Therefore, following a public hearing, it is recommended that the City Council introduce
Ordinance No. cs-i84 amending the 2010 addifion of the California Fire Code to recognize the
local climatic, geological or topographical condifions or infrastructure limitafions.
FISCAL IMPACT:
Normal fire department fees for the processing of permits will not be paid by the applicant to the
department but instead to the California Energy Commission. Many ofthe proposed condifions
to the proposed power plant require plans to be reviewed and commented on by the Carisbad
Fire Department. The City intends to seek reimbursement for these efforts.
ENVIRONMENTAL IMPACT:
The proposed acfion does not qualify as a "project" under the California Environmental Quality
Act (CEQA) per State CEQA Guidelines Secfion 15378 as it does not result in a direct or
reasonable foreseeable indirect physical change in the environment.
EXHIBITS:
1. Ordinance No. cs-i84
2. CMC section 17.0.340 (redlined)
3. Exhibit A
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WHEREAS, proper emergency response to this facility requires
adequate circulation and access; and
WHEREAS, the Carisbad Fire Chief has determined pursuant to Title
24 California Code of Regulations 503.2.2 that such adequate access and circulation
requires a minimum width of 50-feet for access to the bottom of the bowl where the
proposed power plant is to be located and a complete circular rim road around the
top ofthis bowl to allow adequate access in staging of emergency vehicles; and
WHEREAS, the Revised Presiding Member's Proposed Decision,
dated March 28, 2012 recommends not to follow these standards; and
WHEREAS, that report recommends a incomplete rim road and an
inadequate access width of 28-feet; and
WHEREAS, the report states:
"Given the Energy Commissions exclusive jurisdiction over the
permitting and regulation of thermal power plants (such as the proposed
power plant), the final detemiination of the appropriate access width is
ours to make as we must both set the development standards for the
project and then enforce them. While the opinions of the local fire
officials who will provide the fire protecfion services are an important
considerafion, they are not dispositive. After considering those
opinions, along with those of other experts, we decide that a 28-foot
minimum road width is appropriate for this project. The local fire
department will confinue to provide fire service to the project; ours is
planning and regulatory role." (at section 6.4-11)
WHEREAS, this will be the only power plant located in a bowl,
approximately 30-feet beneath ground elevafion and this condifion represents a
topographical condition like no other elsewhere in the City of Carisbad; and
WHEREAS, the proposed plant is located in a highly constrained,
constricted and impacted area unlike any other area in the City of Carisbad and such
location represents a unique topographical condifion that must be considered when
amending the Fire Code; and
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WHEREAS, the prevailing winds are likely to cause a major disruption
to traffic along Interstate 5 in the event of an explosion or other major event; and
WHEREAS, it is the City Council's duty to ensure that its citizens, its
fire department, its visitors, tourists and residents are afforded the highest level of
care while at the same fime recognizing the need for adequate fire protection, and
the City Council, having engaged in this balancing test has detemiined that local
conditions require the Carisbad Fire Department to respond to such emergencies in a
secondary role and to assess the situation on an incident-by-incident basis.
The City Council of the City of Carisbad ordains as follows:
SECTION I: That Chapter 17.04.340 of the Carlsbad Municipal Code
shall be amended to read as follows:
17.04.340 - Section 505.5 Response map updates—Amended.
Chapter 5, Section 505.5 ofthe 2010 California Fire Code is amended to
add the following:
Any new development, which necessitates updating of emergency
response maps by virtue of new structures, hydrants, roadways or similar
features, shall be required to provide map updates in a format approved by
the fire department. The responsible party shall be charged a reasonable
fee for updating the City emergency response maps.
For any new power plant to be developed in the City of Carisbad located
west of Interstate 5, north of Cannon Road, south of Agua Hedionda
Lagoon and east of the NCTD right of way, that does not conform to the
requirements of the Carisbad Fire Chief pursuant to Title 24 California Code
of Regulations, § 503.2.2, response to any emergency shall be provided
primarily by the California Energy Commission or the power plant applicant
or landowner, as appropriate, and the Carisbad Fire Department shall be in
a secondary response position and shall provide emergency responses as
appropriate on an incident-by-incident basis.
The response maps for any emergency response to this location shall be
modified to indicate that the California Energy Commission or the power
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plant applicant or landowner, as appropriate, shall provide primary
2 response in the event of an emergency.
3 The City Cleri< shall give notice of this modification as required by Health &.
Safety Code § 17958.7 to the California Building Standards Commission.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adopfion ofthis ordinance and cause it
to be published at least once in a newspaper of general circulation in the City of
Carisbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meefing of the
Carisbad City Council on the 22nd dav of May , 2012, and thereafter
PASSED AND ADOPTED at a special meefing of the City Council of
the City of Carlsbad on the day of , 2012, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Cleric
fi
17.04.340 - Section 505.5 Response map updates—Amended.
Chapter 5, Section 505.5 of the 2010 California Fire Code is amended to add the
following:
Any new development, which necessitates updating of emergency response maps by
virtue of new structures, hydrants, roadways or similar features, shall be required to
provide map updates in a format approved by the fire department. The responsible
party shall be charged a reasonable fee for updating the City emergency response
maps.
For anv new power plant to be developed in the Citv of Carisbad located west of
Interstate 5. north of Cannon Road, south of Aqua Hedionda Laaoon and east of the
NCTD right of wav that does not conform to the reauirements of the Carisbad Fire
Chief pursuant to Title 24 California Code of Reaulations. § 503.2.2. response to anv
emerqencv shall be provided primarilv bv the California Enerav Commission or the
power plant applicant or landowner and the Carlsbad Fire Department shall be in a
secondan/ response position and shall provide emerqencv responses as appropriate
on an incident-bv-incident basis.
The response maps for anv emerqencv response to this location shall be modified to
indicate that the California Enerov Commission or the power plant applicant or
landowner, as appropriate, shall provide priman/ response in the event of an
emerqencv.
The Citv Clerk shall qive notice of this modification as required bv Health & Safetv
Code § 17958.7 to the California Buildinq Standards Commission.
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5/22/12
Web address:
hitp'J/w/m.s cie nce daily .com/re le as e s/2012/05/
120522134942.htm
Your source for the latest research news
Severe Nuclear Reactor Accidents Likely Every
10 to 20 Years, European Study Suggests
«»fct of fmppf C9f«tmnlnatron (%Vr)
30
-30
-BO 180 -90
0,01 oys 0^ on OS
90 t80
Global risk of radioactive contamination. The
map shows the annual probability in percent
of radioactive contamination by more than 40
kilobecquerels per square meter. In Westem
Europe the risk is around two percent per
year. (Credit: Daniel Kunkel, MPI for
Chemistry, 2011)
ScienceDaify (May 22, 2012) — Westem Europe has the
worldwide hi^st risk of radbactive contamination caused
by major reactor accidents.
Catastrophic nuclear accidents such as the core meMowns
in Chernobyl and Fukushima are more likely to happen
than previous^ assumed. Based on the operating hours of
all civil nuclear reactors and the number of nuclear
meMowns that have occurred, scientists at the Max Planck
Institute for Chemistry in Mainz have cafcukted that such
events may occur once every 10 to 20 years (based on tiie
current number of reactors) -- some 200 tinaes more often
than estimated in the past. The researchers also detemiined
that, in the event of such a major accident, half of the
radioactive caesium-137 would be spread over an area of
more tiian 1,000 kibmetres away fi'om the nuclear reactor.
Their results show that Westem Europe is likefy to be
contaminated about once in 50 years by more than 40 kitobecquerel of caesium-137 per square meter.
According to the Intemationai Atomic Energy Agency, an area is defined as being contaminated with radiation
fi-om tbis amount onwards. In view of their findings, the researchers call fi)r an in-depth analysis and
reassessment of the risks associated with nuclear power plants.
The reactor accident in Fukushima has fijelled the discussion about nuclear energy and triggered Germany's exit
fi-om their nuclear power program. It appears that the gbbal risk of such a catastrophe is hi^r than previous^
thought, a result of a study carried out by a research team led by Jos Lelieveld, Director of the Max Planck
Institute hi Chemistry in Mainz: "Afler Fukushima, the prospect of such an incident occurring ag^in came into
question, and whether we can actual^ calculate the radioactive Mout using our atmospheric models." According
to the results of the study, a nuctear meltdown in one of the reactors in operation worldwide is likely to occur
once in 10 to 20 years. Currentfy, there are 440 nuclear reactors in operation, and 60 more are planned.
To determine the likelihood of a nuclear meltdown, the researchers applied a simple cafcuktioa They divided the
operating hours of afl civilian nuclear reactors in the world, fi-om the conimissioning of the first iq) to the present,
by the number of reactor meMowns that have actualfy occurred. The total number of operating hours is 14,500
years, the number of reactor meMowns comes to jfour -- one in Chemobyl and three in Fukushima. This
translates into one major accident, being defined according to the Intemationai Nuclear Event Scate (INES),
1/c
5/22/12
every 3,625 years. Even if this result is conservativefy rounded to one major accident every 5,000 reactor years,
the risk is 200 times hi^er than the estimate hr catastrophic, non-contained core meMoAvns made by the U.S.
Nuclear Regulatory Coinmission in 1990. The Mainz researchers did not distinguish ages and types of reactors,
or whether they are focated in regbns of enhanced risks, for exampte by earthquakes. After all, nobody had
antic5)ated the reactor catastrophe in Japaa
25 percent ofthe radioactive particles are transported further than 2,000 kilometres
Subsequentfy, the researchers determined the geographic distribution of radioactive g^es and partictes around a
possibte accident site using a computer model that describes Earth's atmosphere. The model cateuktes
meteorological conditions and flows, and also accounts for chemical reactions in the atmosphere. The model can
compute the gtobal distribution of trace gases, for exampte, and can also simulate the spreading of radioactive
. gases and partictes. To approximate the radioactive contamination, the researchers cateuiated how tiie particles
of radioactive caesiun>137 (^^^Cs) disperse inthe atmosphere, where they deposit on Earth's surfece and in
what quantities. The ^^^Cs isotope is a product ofthe nuclear fission of uranium. It has a half-life of 30 years and
was one of the key etements in tiie radioactive contaniination foDowing the disasters of Chemobyl and
Fukushima.
The computer simulations reveated that, on average, onfy ei^ percent ofthe ^^^Cs partictes are e}q)ected to
deposit within an area of 50 kibmetres around the nuctear accident site. Around 50 percent of the partictes
would be deposited outside a radius of 1,000 kilometres, and around 25 percent would spread even fiirther than
2,000 kibmetres. These results underscore that reactor accidents are likefy to cause radbactive contamination
wefl beyond natbnal borders.
The results ofihe dispersbn cateulatbns were combined with the likelihood of a nuctear meMown and tiie actual
density of reactors worldwide to cateulate the current risk of radbactive contamination around the world.
According to the International Atomte Energy Agency (IAEA), an area witti more than 40 kibbecquerels of
radbactivity per square meter is defined as contaminated.
The team in Mainz found that in Westem Europe, where the density of reactors is particularfy high, the
contamination by more than 40 kibbecquerels per square meter is e^qpected to occur once in about every 50
years. It appears that citizens in the densefy populated soutiiwestem part of Germany run the worldwide highest
risk of radbactive contamination, associated with the numerous nuctear power plants situated near the borders
between France, Belgium and Germany, and the dominant westerfy wind directba
If a singte nuctear meMown were to occur in Westem Europe, around 28 nriflbn peopte on average wouM be
aflfected by contamination of more than 40 kibbecquerels per square meter. This figure is even higher in southem
Asia, due to the dense populations. A major nuctear accident there would aflfect around 34 millbn peopte, white
in the eastem USA and in East Asia this would be 14 to 21 miflbn peopte.
"Cjennany's exit fi*om the nuclear energy program wifl reduce the national risk of radbactive contaminatbiL
However, an even stronger reduction would result if Cjennany's nei^ours were to switch oW tiieir reactors,"
says Jos Lefleveld. "Not onfy do we need an in-depth and pubHc anafysis of the actual risks of nuctear accidents.
In light of our findings I befleve an intematbnalfy coordinated phasing out of nuctear energy should also be
considered," adds the atmospheric chemist
5/22/12
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Story Source:
The above story is reprinted fi-om materials provided by Max-Planck-Gesellschaft. via
AlphaCjaliteo.
Note: Materiak may be edited for content and length. For further information, please
contact the source cited above.
Joumal Reference:
1. J. LeHeveld, D. Kunkel, M. G. Lawrence. Global risk of radioactive fallout after major nuclear reactor
accidents. Atmospheric Chemistry and Physics, 2012; 12 (9): 4245 DOI: 10.5194/acp-12-4245-2012
Need to cite this story in your essay, paper, or report? Use one of the foflowing formats:
€ APA
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Max-Pknck-Cjeseflschaft (2012, May 22). Severe nuclear reactor accidents likefy every 10 to 20 years,
European study suggests. ScienceDaily. Retrieved May 22, 2012, from http://www.sciencedaify.com
/reteases/2012/05/120522134942.htm
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Disclaimer: Views expressed in this article do not necessarily reflect those of ScienceDaily or its staff.
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Proposed Amendment to the 2010
California Fire Code at the proposed
Power Plant
Ron Ball
May 22, 2012
Background
•Power Plant proposed in 2007
•Energy Commission (CEC) is the responsible
Agency
•City and Redevelopment Agency have actively
participated in the CEC proceedings
Agua Hedionda
Lagoon
Why are we here?
•CEC has released a revised draft decision
•Revised Draft Decision has a number of
fundamental flaws
•A major concern is the way CEC addresses
emergency access
City Concerns and Requirements
•Based on location, site constraints, project
elevations
•Based on proximity to other sensitive uses
–I-5
–Railroad
–Major Sewer line
–Desalination Plant
•Based on severity of crisis if one occurs (ex.
Klean, Palomar)
City Concerns and Requirements cont.
•Based on City research and site visits
•Based on consultation with other agencies
•Based on authority granted under 24
California Administrative Code§ 503.2.2
City requires:
•50 foot access road in the “pit”
•25 foot access “rim” road
Existing Power Plant
I-5 (Widened)
Strawberry Fields
RR
Future
Desal
Plant
Sewer Line & Rail Trail
Lift Station
Proposed Power Plant
A confused site plan
CEC Override of Public Safety
•Worker Safety, p. 6.4-11, second paragraph, The
advice of the local fire officials is an important
consideration, of course, but not dispositive.
After considering those opinions, along with
those of other experts, we decide that a 28-foot
minimum road width (Red Curb) is appropriate
for this project. This width exceeds the Code
standard and is generally consistent with the
design of other power plants. To the extent that
Fire Code § 503.2.2 gives unfettered discretion
to local fire officials to modify development
standards, we override that Fire Code provision.
Role of the CEC as First Responder
•CEC states “the proposed power plant is
designed with fire suppression and other
safety systems to prevent the start of fires and
to quickly suppress those fires that do start.
The role of the local fire authorities is
described as secondary rather than as first
responders.”
Proposed Ordinance No. CS-184
•Recognizes the local geological, climatological,
and topographical conditions of proposed
power plant site
•Amends applicable Health and Safety Codes
17958.5 and 17958.7
•Acknowledges and codifies CEC’s primary
response role to a power plant facility in that
location which does not conform to the
requirements of the Carlsbad Fire Chief
What next?
•2nd reading on May 29, 2012
•Notify CEC of Council Ordinance
•CEC considers project adoption May 31, 2012
•Project requires multiple CEC overrides
•Coordinate Emergency Response
Finally, if power plant approved….
•No local contract –Carlsbad Energy Center
Project (CECP) does not serve the San Diego
region
•Project requires additional permits (EPA,
Regional Water Quality Control Board)
•CEC permit is only valid for 5 years (potential
to extend)
•Potential regional power need in 2021
Questions?