ML20023D025

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Urges Denial of Lilco Request for Extension of Cp,Citing Lack of Adequate Evacuation Plan for Suffolk County Residents
ML20023D025
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 05/11/1983
From: Pell W
SOUTHOLD, NY
To: Harold Denton
Office of Nuclear Reactor Regulation
References
NUDOCS 8305190059
Download: ML20023D025 (4)


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4 OFFICE RVISOR TO LD CILLIAM R. PELL 111 TELEPHONE SUPERVISOR (516) 765-1800 MAIN ROAD (516) 765-1939

$0UTHOLD, Lt., N.Y.11971 May ll, 1983 Mr. Harold R.

Denton Director Nuclear Reactor Regulation U.S.

Nuclear Regulatory Commission Washington, D.C.

20555 Re:

Shoreham Nuclear Power Station Construction Permit #CPPR-95

Dear Mr. Denton:

I am the Supervisor of the Town of Southold on eastern Long Island, which lies east of LILCO's Shoreham Nuclear Power Plant.

The Town of Southold is home to more than nineteen-thousand (19,000) year-round residents, and in the summer, our population swells to more than thirty thousand (30,000) people.

It has come to my attention that the construction permit for Shoreham is due to expire on March 31, 1983 unless extended by your office.

This letter is to urge you to deny LILCO's request to continue construction at Shoreham and to prevent the further wasteful expenditure of tens of millions of dollars on that project.

As you know, Suffolk County has determined, on the basis of

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many months of intensive examination by experts, that the safe evacuation of Suffolk County residents, particularly those who reside in eastern Long Island, cannot be accomplished.

Accordingly, Suffolk County has urged the NRC to terminate the Shoreham operating license proceedings in view of the fact that approval and implementation of the Suffolk County off-site emer-gency plan is a requirement for the issuance of an operating license.

I agree with the County's determination and can see no reason why your office should permit construction at Shoreham to continue.

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I have also been made aware of' comments' attributable to NRC spokesmen-in Long Island's daily newspaper, Newsday, which suggests that-less than serious attention will be given to Suffolk County's request.that construction at Shoreham be halted.

For example,LJames Fitzgerald, an assistant general counsel at.the NRC,1 reportedly stated "I don't think you need an evacuation plan during the construction phase," while NRC-spokesman Frank Ingram is alleged to have said " Requests to

. extend plant construction dates are a dime a dozen."~

(See-(attached Newsday article)~. These comments do nothing to in-still confidence in the. integrity of the NRC decision making

process,.and I trust that they-are not-indicative of the attention that you will devote to this matter.

It is my belief that the County's determination that there can be no safe evacuation of-Suffolk County residents is dispositive of the question of whether Shoreham will be. permitted.to operate.

In view of that controlling fact, it would be irresponsible:for your_' office to continue to permit LILCO to expend millions of dollars in funds.for construction.- I strongly object to any action (or inaction) by-.the NRC that would permit Shoreham's

' cost to unnecessarily escalate.even further.

-I urge you to give Suffolk County's opposition to the extension of LILCO's construction permit'your immediate and thoughtful attention.

-I will look forward to hearing.your response to my

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concern.

Sincerely yours,

& h h.lN Y

. William R.

Pell III Supervisor cc:

Chairman Palladino Commissioners h

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NEY/SDAY. THURSDAY, MARCH 24. 1983 S

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...........,,.--.-m->~w-Governor Plans Analys'YGOp.; --

.. is Of Shoreham Controversy-By Rick Brand would drastically raise utility rates and ruin the Ions Newsday Albany Bureau Island economy..

Albany - Gov. Mario Cuomo plans to begin a Murray emphasized that Cuomo feels that the fed.

" fact-finding process" into the ongoing controversy eral government still has a prime role in the Shon.

concerning the Shoreham auclear plant as soon as the ham issue, as was indicated in a state response state budget wins approval, a top Cuomo aide said. Monday to a Nuclear RegulatoryCommissioninquiry l

yesterday.

on the plant.

Frank Murray, a program associate to the gover-Deputy Suffolk County Executive Frank Jones nor, said there has been no decision on what form the said,"The county would be happy to supply the gover-inquiry will take, but he said the idea of a commission nor with information on how we reached out conclu-is under consideration. "We've gotten literally hun-sion that no safe evacuation is possible... we are dreds, even thousands ofletters from people express-confident that the governor agrees that safetf is the ing confusion and concern about the situation..

paramount issue." IIe also asked Cuomo to get the right now we don't have all the facts. What we're say-Public Service Commission to hold heanngs on the ing is that there needs to be a forum to get all the facts effect of abandoning Shoreham.

out," Murray said.

utility is pleased by Cuomo's decision. "We've been C Valerie Seibilia, a LILCO spokeswoman, said the i Cuomo made his vow to take i longer look at Shoreham in a 90-minute meeting yesterday with for-looking forward to his involvement since he said he mer Imbor Secretary Peter Brennan, president of the was willing to act as a mediator Feb.17."

l New York Building Trades Council, former Rep. John Earlier in the day, Lt. Gov. Alfred DelBello said '

Wydler (R. Garden City) and Arthur Hug Jr., presi-that the federal government should set up a utility dent and chairman of LITCO Bankcorporation of New superfund so that ratepayers do not have to pay the York Inc., all of whom support the opening of the 83.2-costs if Shoreham does not open because of safety ree-billion plant.

sons. DelBello said the federal fund should be created "We went in asking for immediate action to break because the NRC has held exclusive)irisdiction on the impasse," said Wydler after the meeting,"and I approval of plants. Although Cuomo has taken no po-think he clearly indicated that he intends to get more sition on such a fund, Murray said DelBello's idea "is actively involved."

absolutely consistent with the governor's call for fed.

Cuomo declined last month to impose an emergen-eral involvement."

cy plan for the plant on Suffolk County af'.er County Meanwhile, the Ieng Island Regional Planning Executive Peter F. Cohalan and the County Iagisla-Board offered yesterday to mediate the dispute over ture said no plan was feasible and called for the plant an emergency plan. The informal consensus of the.

to be abandoned. Since then,14ng Island Lighting Co. boerd was that it should evaluate all :tudies relevant officials and business leaders have pressed for Cuo-to the dispute and volunteer to be a fact finder and mo's intervention, claiming abandoning Shoreham adviser in case of a prolonged stalemate.

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THE REGION Perntit Extension For N-Plant Fought By Robert Fresco In an unusual move aimed at preventing the opening of the Shoreham nuclear plant, Suffolk County has asked the federal Nuclear Regulatory Commission to block a routine extension of the plant's construction permit.

The county contends in its request that because it has not appmved an emergency evacuation plan for the plant, Shoreham cannot open, and as a re-sult, conetniction should not proceed.

But the legality of the county action was imme-diately questioned by a top NRC attorney. James Fitzgerald, an assistant general counsel, s' aid he doubted the county's objection had any legal basis. "I don't think you need an evacuation plan during the construction phase," he said.

And NRC spokesman Frank Ingram said that

" requests to extend plant construction dates are a dime a dozen." And, he added, the commission rou-tinely grants them.

"His attitude doesn't surrrise me," Deputy County Executive Frank Jones said of Fitzgerald's comment. 'The Nuclear Regulatory Commission consistently falls on the side of the nuclear-power advocates."

i LIILO's construction permit e ires March 31.

On Feb. 25, the company submitt a request for a nine-month extension. LILCO spokeswoman Judith Brabham said that the utility is not changing its previously announced plan to load fuel into the reac.

tor by the end ofJune and begin commercial produc-l tion of electric power there in early 1984. She said i

an extension beyond Juno was requested to allow l

" minor construction work" such as painting in the "non-nuclear" area of the plant.

LILCO's construction permit for the $3.2-billion plant has already been extended twice, Brabham said. The original permit was granted in April, 1973, and expired in May,1979. Brabham said it was " customary" for utihties to ask for extenaions.

But the county's lawyer, lierbert Brown, wrote in a letter Wednesday to the NRC,"We submit that the LILCO request [for the extension] can't lawfully be granted." This, he argued, is because, "no operat.

ing license for the Shoreham plant can lawfully be issued " since there is no emergency evacuation plan l

for the plant. *Suffolk County has resolved that it l

will not adopt or implement" such a plan, he added.

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