ML19292E606
| ML19292E606 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 01/11/1985 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Cuomo M NEW YORK, STATE OF |
| Shared Package | |
| ML19292E607 | List: |
| References | |
| NUDOCS 8501180141 | |
| Download: ML19292E606 (2) | |
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JAN 111335 The Honorable Mario M. Cuomo Governor of New York A'bany, NY 12224
Dear Governor Cuomo:
I am responding to your letter of November 29, 1974 to Harold benton regarding the November 14, 1984 request by the Long Island Lighting Company (LILCO) that NRC for-ward materials to +he Federal Emergency iknagement Agency (FEMA) related to an emergency preparedness exercise planned by LILCO for the week of February 11, 1985.
You attached letter', to Congressman Carney from President Reagan and Secretary Hodel, and advised us that New York State is opposed to any such exercise and objects to NRC assistance or cooperation in such an exercise over the cbjections of New York State.
As you are aware, LILCO has developed its own offsite emergency response plan and organization, with LILCO personnel identified to perform certain duties ordinarily performed by State and County employees in the event of an emergency. Consistent with FEMA's responsibility for assessing the adequacy of offsite emergency planning and preparedness, the NRC requested FEMA to provide findings on whether the LILC0 offsite plan (Transition Plan) is adequate, whether it is capable of being imple-mented, and whether LILCO has the ability to implement the pb..
FEMA has provided findings to the NRC relating to the adequacy of the Transition Plan in several letters, the latest of which is dated November 15, 1984 This letter indicated that of the 32 inadequacies identified in a previous review of the Transition Plan, 8 remain inadequate.
FEMA's letter also identified these aspects of the plan, including some of the remaining inadequacies, where legal authcrity issues continue to be of cancern.
The legal authority issues are the subject of the lawsuit in the New York State Supreme Court to which you referred in your letter and'are also being considered by an NRC Atomic Safety and Licensing Board in the Shoreham operating license proceeding.
It would, of course, be difficult and inappropriate to try to predict the outcome of these proceedings at this time.
Regarding the exercise proposed by LILCO in their November 14 letter, the normal practice of HRC and FEMA in response to en applicant's proposal is to review the submitted objectives, provide comments to the involved parties and prepare to observe and evaluate the scheduled exercise.
In this instance there are out-stending plan inadequacies and legal authority issues. Accordingly, we have forwarded LILCO's November 14 letter to FEMA for their information end have requested them to tale the lead in any preliminary consideration of this matter.
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.e The Honorable Mario M. Cuomo We also orward.v.1 to FEMA copies of your November D letter and a similar letter to the URC dated November 28, 1984 from John C. Gallagher, Chief Deputy Ccanty Executive of Syffolk County.
We appreciate your informing'us of New York State's views on this important matter and hope this information is useful to you in understanding tre respective hPC snd FEMA responsibilities with regard ta evaluating emergency preparedness f cr Shorehar.
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EDO PRINCIPAL CORRESPONDENCE CONTROL k
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DUE: 12/17/84 EDO CONTROL: 000151 DOC DT: 11/29/84 MARIO M.
CUOMO FINAL REPLY:
GOVERNOR OF NEW YORK TO:
DENTON FOR SIGNATURE OF:
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EXECUTIVE DIRECTOR DESC:
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ADVISES NEW YORK STATE OPPOSES EMERGENCY EXERCISE DIRCKS PLANNED BY LILCO WEEK OF 2/11/85 ROE REHM ASSIGNED TO: IE DATE: 11/30/84 STELLO CONTACT: -DEVOUNGr DENTON
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.i Office of the Governor State of New York BY MESSENGER e
I Mr. Ilarold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission 7920 Norfolk Avenue, Room P-404A Bethesda, Maryland 20814
STATc or Ntet YORK Exccunvc Csausta ALBANY azz4 MAmo M. cuewo Gove a e.oe November 29, 1984
Dear Mr. Denton:
By letter dated November 14, 1984, uhe Long Island Lighting Company requested that you forward to FEMA materials "to support a graded exercise which LILCO is planning for the week of February 11, 1985."
This is to advise you that New York State is opposed to any such exercise and to request that the NRC not assist or cooperate in such an exercise over the objections of New York State.
LILCo's desire to implement its off-site emergency evacuation plan would be unlawful under the constitution and the laws of the State of New York.
Both New York State and Suffolk County have filed a consolidated law suit against LILCO which is pending in the State Supreme Court in order to secure a conclusive judicial ruling tc that effect.
It is our view, therefore, that LILCO's exercisti of its plan would be a premature pursuit of an unlawful objectivo.
It would also constitute an affront to the sovereignty of the State of New York.
Given the posture of that case before the courts, as well as the continuing position of Suffolk County that an effective emergency evacuation plan for a nuclear accident at Shoreham is impossible, I ask that you reject LILCO's request to transmit any exercise material to FEMA and that you refrain from taking any steps which contribute to a usurpation by LILCO of the police powers of Suffolk County and the State of New York.
Such rejection on your part would be consistent with Administration yh J
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$r.haroldDenton November 29, 1984 policy as expressed in a letter 9:itten by President Reagan to Congressr.an Carney, dated October 11, 1984, a copy of which is annexed.
Sincerely yours, IA t.
. Ib Mr. Harold Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission 7920 Norfolk Avenue, Room P-4D4A Bethesda, Maryland 20814 Enclosure t
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7HE WHITE lint'sE sv nismns.
October 11,.3934
Dear Bilar,
I want :cu to knew cf m; appr.aciation for ycur continuing contributions te,and support 2cr my M:ninis trnt i en.
Your lesdarship end ecurage itava keen determining fr.eters in the progress u h.:ve nade in the lar.t fr.v years.
On a ris tr.cr of particular concern. to you and the.
people cf rasterra 2ct.g.Tsiand, I wish to repast Secretary Medna'c assurance to you thr.t. this Adeninictratien sees not f avor the imposition of Federal Governrner.t authority over the objections of state and 1ccal governments in c.atters regarding the adequacy of sn. e:nergency evccuation.
p3an for a nu= lect power plant euch. ar Shcrehas.
Your ccncern fer the aefety of the ^eople of Ler.g islar.d is parcecunt and shared by tke Secretary ar.d =e.
Thank.you :.geir, for your support..
I leek ferucrd to wrking with ycu in the years ahead.
Sincerely,.
The Ticncrebic 11i11LEC. C3?ney Houce ci beprccer.tatives Vashingten, D.c.
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9 R:rcrahle tul.lian Ceney it:sse of Feprenantatives hzhirg.cn, D. C.
20515 Daar Bill 3 va.nt to tAke this persham nuclear p::ver pair.t.ei.r.ity to gdate you en cur activities rega.:f.i.ng the M we asn: red y:n 2est sprim s.nd at otha.r ti nes whe.n w discussed the ceneerrs of the citizens of Ictg Ia3ud regardirg &ctsham, the Department of tv.rgy doe.s rot fave.r the imosition of Te:5eral Gcree.: nent setfority ever the c6jections of my stata ard Iccal ecrannent in mat *a rega.rdits the Waey of an emergency eva:.:ation plan fer.a nuclear psar plant 7
such as sh:rehen.
Cur position is clea.r.
The Feagt.n Adidr.istratien has a.1vays had faith in the ability of knarican citiu..s ud loca.1 elected efficials to hud2e the p:tbles which c::cfrent them directly.
As ene of I.c.q Islard's rest capehle and viger:us elected efflef als, ycur advice aid a:unsel regar?.i.rg e.v.rgy ard weie pelicies whidi affect the fut:.:.re of yocr cceatitants have h extreely valuable to President Renst.n ard re.
in fidustrial, Jaber, ani aevenrnent leaders of the First District to v re, yev have 1:een a viger:us adrxata of the 'intsrests of Long I:2LM, especia.1 in ::r. half cf Br:ckhaven National lateratory ed etter rederal facilities.
1 acek forward to y:ur contirraed vise ccurn,el en these aid other Israes in the years L%ead.
Sin::arely,.
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