ML051390116

County of Suffolk Petition for Late Intervention

ML051390116
Person / Time
Site:	Millstone
Issue date:	01/28/2005
From:	Malafi C Suffolk County, NY
To:	NRC/SECY
Julian E
References
50-336/423-LR, ASLBP 05-837-01-LR, RAS 9979
Download: ML051390116 (21)

Text

DOCKETED USNRC UNITED STATES OF AMERICA February 4,2905 (3:Wpm)

NUCLEAR REGULATORY COR'IMISSION OFFICE OF SECRETARY RULEMAKINGS AND In thc mattes oC ADJUDICATIONS STAFF DOMINION NUCLEAR CONNECTICL!T,INC (Millstone Nuclear Power Station. Units 2. and 3 )

PETITION FOR LATE IKTERVENTION ofthe COI JFFOL.

ofthe STATE OF NEW YORK Docker Nos. 50-336. 50-473 PETITION FOR LATE INTERVENTION Submirred b y Christine Malafi Suffolk Coun~yAttorney H. Lee Dennison I3uilding, G ' ~floor P.O.Box G I00 I00 Veterans Memorial Highway Hauppauge, New York 1 1788 (631) 853-4049

UNITED STATES OF AMERICA NUCLEAR REGULATORY CORlMlSSION In the matter of:

DOMINION NUCLEAR CONNEC'I'ICUT. INC.

(Millstone Nuclear Po\ver Station. Units 2 and 3 )

PETITION FOR LATE INTERVENTlON of the COUNTY OF SUFFOLK oftheSTATEOFNEW YORK Docket Nos. 50-336. 50-423 The County of SuTfolk of tlie State of New York hereby requests a hearing and petitio~ls for late intervention in tlie above-captioned license renewal proceedings pu~.su;rntto I 0 C.F.R. $2.309.

The proposcd in~crvcnori s County or Sufl'olk, a rn~lriicipalcorporation of thc State of New York. acting though Suffolk County Esecutive Steve Lev):. with a principal office at 100 Veterans Meniorial Highuny, Hauppauge, New York. Intenwor's motion is directed by the Suffolk County Executive and his authority.

The legal representative of tlic intervenor is:

Christine Malafi Suffolk County Attorney H. Lee Dennison Building, 6'"oor P.O. Box 6 100 I00 Veterans Meniorial HigIiu.ay Hauppause, New York 1 17SS Telcphvne: (63 I ) 853-4049 Facsimile: (63I ) 853-5 169 Electronic ninil: C l i r i s t i ~ i e . R . l a l a f i ~ ~ s ~ ~ f F o l l i c o u ~ ~

Se~n~icc of process and all other coniinunications concerning [his filing and ~Iicabovc-refercnccd proceeding should be made to the above address.

.4 motion to intervene was previously made by County of Suffolk and was denied

11. Stallding; Nature of Petitioner's Riglit to be a Party; Estent of Petitioner's Interest County of Suffolk has standing to intervene in this matter. Although the Millstone Nuclear Power Plant is located in Waterford. Connecticut, its evacuation plan incl~~cies portions of Suffolk County. spccificalls Fishers island and Plum Island. These places are Iocared \virliin tlie 10-niile plume emergency planning zone. in addition, much of the remainder of Suffolk County is located ivithin 50 miles of Millstone, within the ingestion entersency planning zone (See Dominion application, Appendix E-En\*ironrnentalRcport, Figure 2-1, Payc E-2-47). Excluding Fislicrs and Plum Isl;uids, the no~llienlshore of the Town of Soutl~oldis only 1 1 miles from the Millstone Plant.

Due to this close proximity, tlie eastern towns of Long Island i v o ~ ~ be l d aft'cctcd should a nuclear accident or disaster occur. Thus, the County has standing to intervene on this matter. (See. 10 C.F.R.section 2.309).

Under the Nuclear Kegitlatory Coniniission's regulations, the offsite emergency plan is required to meet rnariy standasds that relate to coordinatiun with local govclnmelits tvitliin the enicrgency zonc. Sce. e.g.. 10 CFR $$50.47(b)( I ) , (bN-3). and (b)i5). County of Suffolk is one such loca1 eoveri~me~it.

A recent rep011 by tlie Unitcd States General Accounti~~g office' noted that in New York Slate. countics and other local g o ~ ~ e m m e nare t s responsible for radiological

' -.Nuclear Rrgula~ion,Emergency Preparedness Issues a1 the Itidiilti Poinl Z Nuclear P ~ N WPlatil."

Highlights o f GAO-03-93. 'Testirnoriy by Jinx Wells, Director, Natural Resources and En\irolut~etrt.bcforc thc Subcomtnittee 011 Nntiorlnl Security, Emcrging Threats and lntcrnational Relations, Comniittec ori Goven~n~ent expected delivery date M m h 10,2003, p.4.

Rcforni, I.louse ofRep~.ese~itatit~es.

preparechess. Suffolk County would recei1.e notification fro111 Millstone by p q e r regardi~iga prohleniatic event at the plant. In the event of a radiological threat or emergency or a necessary evacuation, Suffolk County would owrsee, coordinate and. in some instances. pl-o\'itie 01. cooperclti\.cly pro\.idr emetgency I-csponsc sc.r\.iccs. For exaniple, Suffolk County's Enier~erlcyOperations Center, Fire Rcscue Comniunicalions Centcr, Department of Health Services and Policc Dcpartnicnt could be involucd in this type of scenario. As a primary provider and coordinator of eniergcncy rcsponse sen'ices, both during and after tlie event, Suffolk Countv should be vermitted to inte~-venein this proceeding.

The Coimty of Suffolk is charged, by the laws of the State of New York, with the duly lo protect tile health and welfare of its permanent residents and temporary visitors.

Suffolk County coniprises a population of app~.osintately1,750,000 people. As of 2003, the population of Sufl'olk County within the 51) niilc emergency plannin: zonc was 21ii555.' Furtlier~nore,during ppcak tourist seasons, the number of e l s o n s \vitliin the County's popular tourist areas may grow as much as ten times.' These persons could be afli-ctcd directly by any radiological emergency or necessary evacuation.

Furthermore, based on data obtained in 2003, tlie resident population of Fishers Island during the summer niay exceed 4000 w o r k e s s . b h e a~orkerpopulation at Plum Island varies between approximately 200 and 300 people; many of these workers live in Suffolk County.

In addition. the 50 mile radius around 1h2 Millstone facility includes many farms and tourist at~ractions of vario~ts types, ivhich could potentially be affected by an emergency. Persons who eat produce grown within the 50 mile ingestion emerpmcy zone, who fish within the zone or drink the water could also potentially be affected by an emergency. In addition to health impacts, tlie County's econoniic interests, that rely heavily on agricul~ural and tourism industries, would be adversely affected by a radiological emergency for which no adequate evacuation plans exist.

In sutii, the portion of Sun'olk County within the emergency zones underscores that the County should be admitted as an intenfenor in this proceeding.

111. Availabilit). of Other Means Whereby Sult'olk C o u n h ' s Interest will be protected: the Extent to which the Petitioner's Interest Will Be Represented by Esisting Parties Other than the County's participation in these proceedings, there are no other mcans whereby the interests of the County and its citizens will be reprcscnted or protected. Upon information and belief, there are no existing parties that ~vouldbe qualified to or represent similar interests to Suffolk County. The proposed petition for intervention is in the public interest and sliould be .granted.

IV. Petitioner's Participation May Reasonably be Expected to Assist in Devclopi~~g a Sound Record.

The Counry's participation \!.ill provide updated data a d infomiation to assist tlie Nuclcar Regulatory Commission in developing a sound record. This infoniiation includes updated info~niationabout populalion, tourist atrractions or other congested areas, roadways and traflic, health care providers. police and rescue services, farms and farni products produced in the County, drinking water data and any other infoniiation

~vhicliwould be necessary to address health and safety needs of residents or to tailor an evacuation plan to tlie County's unique geography and circunistances.

\'. The County's inte~-vc~ltioa will ~ i odelay t these proceedings and will Ile focused on the special l~caltliand safely nceds of SufTolk County.

Inasinucli as no final decision has been rendered, Co~uity of Sufl'olk's pat-ticiparion as an intervenor \\ill not delay tliesc pl-occedings. 7'liere is no prejudice to any party.

Granting of this motion \\.ill help to ensure that public liculth and ssfetv is protccted to tlie niaximuni extent possible. The contentions presented by the C o ~ ~ i to ty tlie Commission will include inromation necessary to protect health and safcty, to protect tlie environment and to aid the Nuclear Regulatory Commission in complying with its own regdations.

V1. Good Cause for Late Intervention Upon infomiation and belief, the County received 110 official notice of tlie subject license rcnewal proceedings. Publication notice in the Federal Register \\'as insuficicnt to put tho County on notice to allow meaningful participation in tlic hearing.

Up011infonnarion and belief. actual nolice of tlie license renewal proceedings \\.as not received unlil we1l aficr tlic dcadliuc for tinicly inlcrvent ion hitd cxpired. Upon infomation and belief, since the County was out-of-state (albeit within 10 miles of tlic Millstone facility), the County did not receive actual notice timely tl~roi~gli articlcs!notices published in local Conciecticut media or by tlie Stale of Conneclicut.

In the interests of justice and safety of the public. the County's motion IS eminenlly reasonable and should bc granted. The public's health and safcty slioilld not bc comproniised based on a technicality.

Suffolk County proposes to raise the f o l l o ~ i n gcontentions, showing that thc applications for renewal should be rejected because of technical. cnvironmcntal. and other issues. Suffolk County \vill elaborate uuon tlie basis for this petition in its fonlial submission of contentions. Furthennore, it resenzs the right to expand upon and supplement tlie contentions submitted herein.

A. li~adeatiateEvacuation Plan for Areas in Suffolk Coi~ntvwithin the ten (10) mile EJI~SIIZY Zone and No11 -Compliance with Federal Regulations Regarding S L KPlans ~

The Millstone Evacuation Plan which esists for the 10-mile emergency zone is seriously flawed. 10 C.F.K. $50.47 requires each nuclear power plati to Iiit\.e an e\.acuutlon plan, and NUREG-0651 requires the ~nclusioiiof evacuation time estimate studies in all evacuat~onplans. NUREG-0654 also requires that the e\.acuation time estimates for every nuclear plan be updated once new deiilogrdphic and other data used to establisll evacuation time cstiniates becomes available. Evacuation time estimates

("ETE") must reflect current population data.

In a Federal Emergency Management Agency report\onceniiiig emergency response plans for the Indian P o i n ~Energy Ccnter, it was noted that the purposes o f ETE's are to identify potential traffic bottlenecks so that appropriate traflic control plans can be developed and to deterniine \vhcther evacualion or shelteriny might be appropriate in :I $.en arca bascd on kno\\.ledge and prognosis of rele'xe timing and duration. The rcporl stales that the NRC expects thc ETE to be a reasonably accurately reflection of the

time it would take to evacuate. Furtlicnnore. i t was notcd that nuclear power reactor licensees are expected to review and revisc their ETE's, t i l k i k into account changes in population, road capabilities, potential traffic impediments and other factors affecting the ETE's. According to the FEMA report, the NRC issued Regulatory Issues Sunlmary (RIS) 2001-16 to alert nuclear po\ver reactor licel-isees o f the need to update ETE's as a rcsul t o r tlie 2W!) ccnsus.

Millstone's evacuation t ~ m eestimates lor Fishers Island and Plum Island.

prepared by Earth Tech in a 1997 study. used outdated populution infvr~nationPro111 IWO, and outdated roadtvay and outdated operational data.' For exaniplc, the ETE stltdy for Millstone assi~nlcda peak summer population for Fishers Island of 2500 people.

whereas current estimates are almost double.' The 1997 Earth Tech study used data fro111 the 1990 US. Census and 1992 telephone surveys to provide demographic data and surveys of the evacuation road nettvork. Current road networks were not evaluated in the 1907 Earth Tech study. Evacuation time estimates based on increased population need to bc rc~xunlinccl.~ Thus, NUREG-0653 has not been complied n it11 by hlillstonc.

Furthemiore. thesc psocecdings involve the application by Dominion Nuclear Connecticut. Inc. to cstend the operating licenses of the Millstone Unit 2 and hlillstonc Unit 3 nuclear reactors for an addi~ionalperiod of twenty (20) years beyond the c~lrrent forty-year temis. The curlent operating license of Millstone Unit 2 is due to expire on July 3 1. 201 5; the application proposes to extend the liccnse 20 years to the ).ear 2035.

The current operating license oCMillstone Unit 3 is due to expire on November 75, 2025; the application proposcs to extend tlie license 20 years to the year 2045. Outdated

" 4 [ W, p 98-99

!L!!'.p 217 J L W , @ 106-7.

evacuation plans which fail to consider projected population increases for these extended periods of time are not sutlicient to protect the l~caltliortiic people of SufTolk County.

'Phe Earth Tecli study had additional deficiencies. The possibility of shade\\

evaci~ationsin Connecticl~tand from t l ~ eSouthold area was not considered in the Eartli Tech s t ~ ~ d ~Tlie . ' study assumed that there would be no additional usage or loads by those outside the emergency planning zone who might decide to cvacwtc without instn~ctionfrom authorities to do so.

A transportation or coordination plan with State and local erncrgency preparedness officials for Fishers Island evacuation was not included in the Eartli Tech repoll. Tlie Earth Tech report I-econiniended LISC of an wacuation destination outside the cmcrgcncy planning zone. such as Stoninyton. to reduce e\:ac~~ation time. Ho\ve\w, details on this option. s ~ ~ cas l i evacuation time estimates and spccific bus routes to the reception center from Stoninglon were not provided. There was no plan for Plum Islmd evacuees brought to Orient ~oillt."

The time used by the Earth Tecli s t ~ ~ dfor y elucrgency warnings to d i f f ~ ~ s e througho~~t a pop~~lation was not justified, was not consistent with accepted diffi~sion ratcs and could have artificially reduced the overall evacuation time estimates."

Also, within and beyond the 10 mile eniergency zone, there is a likelihood of significant unnecessary cvacuation." This possibiIity has serious p ~ b l i c sarety implications. ~ e p e n d i upon n ~ the cil-cumstances, cvacuation may not always best protect thc public health. The erl'ectivcness of available shelters also needs to be considerecl.

" J L W . p.lO5, 10s

"' JLW. p 107 I ' JLW. pix.!08.

JL\5', p

Millstone has no technology to siniultaneously consider population, radiological plumes, and evacuation."

The Millstone Power Station Emergency Plan, revision 28, change 4, August 2002, was evaluated for compliance ivith the G.S. Nuclear Regulatory Commission and Federal Emergency Management A ~ e n c y ,"Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and PI-cparcdness in Support of Nuclear Power Plants (NUREG-0654iFEMA-REP-I -Rev. 1; En\.ironmental Protection Agency, Manual of Protection Action Guides and Protective Acrions for Nuclear Incidents. revised 1991 ).

The evaluation was part of a report prepared by James Lee Wiu Associales, LLC, Reiien3 ofE1aergencj1Preparedless ofArerrs Adiocer~~ ro Iudirrr~Poi111cud A4illstone.

The review found that the Millstone Power Station Emergency Plan lacked compliance wit11 many parts of the federal regulations. For example, in contravention of NUREG-0654,Section II.J.lO.ni, the Millstone Plan failed to provide the basis for choosing protective action recommendations; these protective actions must include local protection by shelteri~~g and Tor evac~~ation time cstiniates. Moreover, whilc emergency a~range~nents had been made with se\.e~-a1 organizations for back-up decontamination, at least one oryanization cited by the Millstone Plan, the EIarldam Neck Pl;mt, had ccased operations in Decembcr 1996. As another example, contrary to NUREG-0654, Section ll.H.7, the Millstone Plan failed to discuss installation of off-site radiological n~onitoring equipment in the vicinity of the nuclcal- facility.

These deficiencies should be corrected prior to license issuance. 1 1 e population of Surfolk County has placed its trust in govenlnient officials to protect health and safety, and this trust sliould not be abused.

i3 JLW, p.2 1S.

B. The Town of Soutliold and the Countv have Unique Characteristics which Should be Considered in An Evacuatiolv'E~~~erc?encv Plan Pursuant to 10 CFR 650.47 There is no evacuation and/or emergency plan in place for the Town oC Southold or other at-eas of SuTTolk County beyond the 10 mile emcrgcncy protection zone.

Excluding Fishers and Plum Islands. the northern boundary of the Long Island shore in SouLliold is just eleven (I 1) miles Trom the Millstone facility.

10 CFR $50.47(~)(2)provides that:

Generally, the plume exposure pathway EPZ for nuclear power. plants shali consist of an area about 10 miles (16 hn) in radius and the ingestion pathway EPZ shall consist of an area about 50 niiles (80 km) in radius. The esact size s ~ configuration

~ d of the EPZs surrou~ldinga particular uuclear power reactor shall be detern~iuedin relation to local emergency response needs and capabilities as they are nffccted by such conditions as demography, topog~:apliy, land characteristics, access routes, and jul-isdictional boundaries. (Emphasis added.).

s . 10 mile regulutory boundary for the emergency protection zone is only a T l i ~ ~ the

-rruideline -- the exact size and configuration is to be detennined in relation to local factors such as demography, topography, land cliaractcristics and access routes.

According to Joseph Williams, Con~missionerof SufTolk County Fire, Rescue and e n c ~ there are unique factors concerning Sidfolk County which support

~ ~ l l e r ~ Services, thc need for an evacuation plan for the Town of ~ o u t h o l d . ~ ~ linclude ~ e s e the significant

~iilniberOF persons who live or work in close proximity to the Millstone Plant and thc large trmsient population (sunimcr and fa11 tourists) in the Town. According to Co~nmissionerWilliams, the populations in tourist areas may swell as much as ten (lo!

times during Iiigli tourist seasons. Furthennore, there is only major roadway to use for an cvac~tation- Route 25. There is no well-developed network of main roads or back roads I~ p... I . Fo~tnotr2.

r15011alC O I I I I I I U I I I C ~ ~ I O ISCC

that can be ~ ~ s etod niove larse nunibel-s of vehicles in a short time. Co~nmissione~

Williams notes from experience that persons may evacuale 011 their own ~.o!itioneven

\!.ithout official directions to evacuate (shadow evacuation). So that e\,en if therc were no official evacuation going on, onc might expect that many persons would try to leave the area. During peak tourist times, Route 25 is already extrenlely congested and travel is es treniel y slo\%.

The 10 mile zone may not adequately protect lieallh and safety of County rcsidents u~idcrsolne crrcurnstances. The 1 1 miles bctwccn mainland Soi~lholdand Millstone includes sonie miles o\.er \\.ater with no obstructions (such as Iiills) to block transmission of a plume. According to Alex Sanlino, Chief of the Office of Pollution Conlrol, S.C Department of Health Sen-ices, atmospheric nuclear radiation particles can be scattered for hundreds of rni~es.'~Upon information and belief, wind and weather conditions may contribute to both the size of a plume & the difficulty of an evacuation.

Areas of Suffolk County within the Millstone 10 and 50 mile emergency zone radius are subject to the influence of adverse weather, high winds and land-sea air circulation; these conditions are not rare occurrences. These factors are particularly important for de~enliiningpotential radiation doscs and for determining the effectiveness of emergency response pians.'6 SufTolk County has a significant percentage of residents \vho are foreign-born, do not speak English, or do not speak English very 11.e11." These factors ~lcedto be considered in the evacuation plan.

19 Personal conmmunicalion wilh Kohn. 1i25105.

Piirs~~ant to 10 CFR 450.47, local conditions require the expansion of evacuation plans to include the Town of Soiithold and other areas of Suffolk County potentially arfectcd by a radiological emergency or threat.

C. Off-Site Evacuation Plans and Olher Eniereencv Plans hiaintained by tllc k l i l l s t o ~

Fac~litvFall to P ~ v ~ ethe c t People of SuTfolk C O U I ~

The Millstone off-site emergency plans may. in some instances, appear to be tcchnically adequate to protect pllblic health and safety, but in reality, these plans do not include a realistic consideration of spontaneous evacuation, the unique consequences of a tcirorist attack or the unique cllaracteristics oiSufTolk County. Moreover. the Millstone emergency plans for off-site evacuation are outdated and incomplete. Major Findings of the Janles Lec Witt study, regarding the emergency preparedness plans for Millstone and Indian Point, included the f o ~ l o w i i i ~ : ' ~

The plans are built on compliance with regltlations rather than a strategy that leads lo stluctures and syste~iisto protcct from radiation exposure.

The plans appear based on the premise that people will conlply with official government directions rather than acting in accosdancc with what they perceive to be their best interest.

The plans do not consider the reality and impacts of spontaneous evacuation.

The plans do not consider the possible additional ramifications of a terrorist caused event .

Furtl~emiore,when protectivc actions such as evacuations are more difficult due to the need to travel over \\*atel-,large populations. possible 'adverse wcatl~er conditions, and inadequate road networks, the off-site emergency plans should take these factors into accoiuit. Unique factors, which could make evac~~ations more difticiult from Fishers Island and the Town of Southold have not adequately been c.onsidered in the Millstone emergcncy documents. Pursuant to 10 CFR $50.47, tlie infonnation should be compiled i n tlie folm of an evacuation and emergency plan.

Fi~rilicrmore,under tlie same regulation, the Millstone license renewal applicant must coordinate its emergency response plans with Suffolk County. Coordination niust occur to establish primary emersency response roles, procedures for nolifying and comniunicating with SufSolk Coitnty officials and the public, proccdi~l-esfor reqneslin~

and using Suffolk County's personnel and resources, and ensuring lliat adequate emergency facilities and equipment are available. In order to perfol-111this Ii~nction,tlie applica~ltmust obtain cul-rent infomiation on subjects affecting health and safety, such as availability of health care providers and shelters, population and demographics, to~~rist attractions or other congested areas, roadways, trafic, police and rescue services, famis and farm products produced in the County, and drinking water nionitoring.

Upon information and belief, there is some coordination with respect to notifying the County of an emergency situation. However, generally speaking, this coordination is lackin: in or11c1-31-casof e r n e r p x y ser\.ices.

It has been suggested that failure to prepare eliicrgcllcy plans for [lie Tow11 of Soutl~oldmay be an issue orcost. Also, in the GAO report (see Footnote 1). wlicn county oficials requested increased direct comniunications with the NRC in regards to Indian

Point emergency preparedness, tlie NRC responded that meeting with local oficials would require considerable resources.

Co~intyof Suffolk respeclf~dlysuggests that public health and safety must be protected despite the costs o f preparing a plan - tlie bencfits would outweigh the cosls.

The public health and safety should be protected by granting this motion.

VIII. Sources and Documents 011 WIlich Petitioner Intends to Rely 1 he petitioner intends to rely on the following docunients and sources to establish the facts alleged:

1. The Licensee's license amendment applicatiorl and attacliments and references contained therein;

2. Records and documents maintained by the Connecticut Department of En\.ironmental Protcction and other state, federal and local agencies;

3. Such additional sources and dociinlents as are a matter of public record *and as may he Jiscloscd in discovery in these proccedinss:

4. Inforrimtion possessed by County of Suft'olk clepartmcnts and agencies relecnnt to this proceeding; and 5 . Other sources indicated within this Petition.

V I I I . The evacuation is witllia the scope of this proceediug 10 CFR Section 50.47(a)(l), "Emergency Plans" (in the section on "Domestic Licensing of Production and Utilization Facilities, Standards for Licenscs and Construction Perniits") provides that:

. . . 110 ~nitialoperati113 license for a nuclear pou.er reactor

\wll bc ~ssucdtlnless a finding is made by the NRC that there is a I-e;~sonableassirratlce that adequate protective measures call and will be taken io the event of a I-adiological emel-geacy. (Emphasis added.)

Under the cited regulation. the license renewal process assumcs that the cu~-rentlice~ising basis of currently operating plants provides an acceptable level of safety, with the possible exception of the detrimental effects of aging on certain systems and components and possibly a few other issues.

Reliance upon previously developed evacuatiodemcrgency plans, without update, for the current license renewals would be arbitrary and capricious, unreasonable. an abuse of discretion. unsupported by substantial e\.idence, and ~~nwarranted by the facts. Under thc facts as presented herein, the assumption that pre\iouslp developed plans will protect Suffolk Coi~ntyresidents is clearly incorrect. Current population data, shou,ing thc County's explosive population grot~th.updated info~mationon emergency response (for esample, infomiation based on the events of 9il1/01) and new technology developed to analyic s ~ ~ data c h were unavailable at the time of the initial licensing process and d~tring development of the current Millstone Emergency Preparedness Plan. Updated inforniation on emergency response providers and other topics relevant to Suffolk County public health and safety also needs to be provided.

Under the current Plan, there can be no reasonable assurance that adequate protective measures will be taken in the ei.ent of a radiological emergency. The County's assertion is particularly true whcre. as here, thc license renewals for Millstone Units 2 and 3 would not espire until 2035 and 2045.

IX. A genuine dispute exists on a material issue of law o r fact, the resolutio~~ of which will make a difference in the outcome of the license proceeding It is anticipated that the license applicant will dispute that its evacuation and emergency preparcdncss documents are outdated, inadequate and do not comply with relevant federal regulations. It is also anticipated that the license applicant will dispute that an e\.acuation/e~iierge~icy plan for the Town of Southold and other areas SuffoIk County is needed, or that incrcased coordination with Co~untyand Town officials is necessary.

~ ithe VII. The contention, if pr-oven, would be of c o ~ ~ s e q r ~ ein c e proceeding because it would entitle the petitioner to specific relief Petitioner's contention, if proven, will entitle the petitioner to the specific relief sought, namely, denial of the license renewal application i~ntiladequate and due consideration is given to evacuation, emergency and other public health and safety issues referred to herein. 10 CFR $50.17(c)(l) provides that failure to meet the applicable standards may resull in failure to issue a license.

V I I I . Conclusion M'HEREFORE. in the interests of justice, p~lblichealth and safets, Petitioner Colult~of SuKolk requests that it kc pernitted to intenme i n the above-captioned proceeding and that i t be granted a hearing and oppo~-ti~nity to raise the issues statcd herein. More specifically, the County of Suffolk requests that:

1 ) Pursuant to 10 CFR $50.47, an evacuation/e~nerge~~cy plan be filnded and prepared for the Town of Southold and other relevant areas of Suffolk County; 2 ) The esisting en~ergei~cy/evacuation plans be updated by the Applicant to include current infonilation.

3) That increased coordination between the Applicant and the County of Suffolk be requised on a continuing basis.

DATED: Hauppauge, New York fanuary 2% 2005 CHRISTlNE MALAFI Suffolk County Attorney Attornqfor Petifiomr I00 Veterans Memorial Highway Hauppauge, New York 1 1788 (63 1) 853-4049 j J)mnifekB. Kohn

.;\ssistant County Attorney

STATE OF NEW YORK 1 13s:

COUNTY OF SUFFOLK The undersigned, being duly SWOIII,deposes and says: she is over the age of 1 S years and associated with the Suffoik County Attorney. That on the 1" day o f February, 2005 she served the within PETITION FOR LATE INTERVENTION upon those set forth herein hy depositing a true copy thereof enclosed in a post-paid properly addressed wrapper in an official depository under the exclusive care and custody of the Unitcd Statcs Postal Service within the State oSNew York.

Kathleen A. Dolce Sworn to before me this 2nd day of February. 2005 Notary Public ~ t a of k New York No 01SZ6102051 Qualified in Suffolk County Mv Commissiw F -,nit BS Nnv. 24. 20-~2

Office of the Secselaty U.S. Nuclear Regulatory Commission Sistscnth Floor. Onc CC'hite Flint biortli. 1 1 555 Rock\.ille Pike Rockville. >ID ,085' Attention: Rulemakings and Adjudicalions Staff Office of the Commission Appellate Adjudication

~~~- ~~

U S . ~ u c l e a rRegulatory Co~nmissiun Washington, DC 20555-000 1 David R. Lewis, Esq.

Shaw Pittman LLP 2300 N Strcct NW Washinston, DC 20037-1 128 Lillian M. ~ u o c oEsq.

Millsto~ie~ u c l e a Power r Station Building 47515 Rope Ferry Road Watcsford, CT 06355 Cathesine L. Marco, Esq.

OfTm of the General Counsel hlai l Stop 0-15 D2 I U.S. Nuclear Regulatory Coilmission Wnshington. DC 20555-0001 Margaret Bupp, Esq.

Ofice of the General Counsel klai 1 Stop 0-1 5 D2 1 U.S. Nuclear Regulatory Commissio~~

Washington, DC 20555-000 1

COUNTY OF SUFFOLK SFEVEL E V Y SUrrOLK COUNTY EXECUTIVE CHRWTINE MALAFI DEPARTMENT OF L A W COUNTI

• r s o a N E Y February I, 2005 Office of the Secretary U.S. Nuclear Regulatory Commission Sixteenth Floor, One White Flint North 11555 Rockville Pike Rockville, MD 30852 Attn: Rulemakings and Ad-iudication Staff Re: Dominion Nuclear Connecticut, Inc.

(Millstone Nuclear Power Station, Units 2 &3)

Docket Nos.: 50-336 & 50-423 Petition for Late Intervention Honorable SitiMadam:

Please accept for filing the enclosed Petition for Late Intervention made on behalf of the County of Suffolk, State of New York. An original and two copies are enclosed. The Affidavit of Service is attached at the end of the Petition.

Thank you for your attention to this matter.

Very truly yours, CHRISTINE MALAFI Suffolk County Attorney Assistant County Attorney cc: Office of the Commission Appellate Adjudication. U.S.N.R.C.

David R. Lewis, Esq., Shaw Pittman LLP Lillian M. Cuoco, Esq., Millstone Nuclear Power Station Catherine L. Marco. Esq., Ot'fice of the General Counsel Margaret Bupu. Esa., Ofice of the General Counsel H:WUNLAWBKUitigalion J\millslonc - fluring c o v u letter 2-1 -0i.doc