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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 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 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. 4 5 /// ^ /// ^ /// ^ /// ' III 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 17 18 19 20 /// 21 /// 22 /// 23 /// 24 /// III 26 /// 27 /// 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 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. 00 4 m CO 0 I lO 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 Share this story on Facebook, Twitter, and Google: Like 8 1 Other social bookmarking and sharing tools: Share on bbgger Share on digg Share on ferk Share on linkedtn Share on nwspace Share on newsvine Share on reddit Share on stumbteiyon | 12 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 O MLA 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 Note: If no author is given, the source is cited instead. Disclaimer: Views expressed in this article do not necessarily reflect those of ScienceDaily or its staff. 3/c 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?