ML20024A092

Motion for Immediate Decision Rejecting Util Transition Plan.Plan Does Not Involve State & County Govt Participation,Therefore Adequate Emergency Preparedness Not Provided.Certificate of Svc Encl

ML20024A092
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/13/1983
From:	Brown H KIRKPATRICK & LOCKHART, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8306150397
Download: ML20024A092 (5)

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00tKETED v3Nnc UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIO

'83 JJN 13 P4 :38 Before the Commission ~ "

)

In the Matter of )

)

, LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 0.L.

) (Emergency Planning)

(Shoreham Nuclear Power Station,. )

Unit 1) )

)

MOTION FOR IMMEDIATE COMMISSION DECISION REJECTING LILCO " TRANSITION PLAN" On June 10, 1983, the Licensing Board in this proceeding, in response to Suffolk County's Motion filed with the-Board on June 7, 1983, limited the scope of the emergency planning proceeding before that Board to the so-called LILCO " Transition Plan." The LILCO " Transition Plan" is the " Utility Plan" for

! emergency response which uses only LILCO's resources without any participation-by the State or County Governments. See ASLB 1 " Order Limiting Scope of Submissions" (copy attached).

l On June 7, Suffolk County also filed a separate motion with the Commission requesting the Commission to reject summarily

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i i ~ the LILCO " Transition Plan" because that Plan does not involve the participation of the State or County Governments. See County l

i

" Motion For Commission Policy On LILCO's ' Utility Plan' For Emergency Preparedness." The County filed that motion with the 1

8306150397 830613 l PDR ADOCK 05000322 I

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. . Commission, rather than with the Licensing Board, because the issue raised therein'is inextricably tied to the Commission's May 12 decision denying the County's motion to terminate this proceeding. See Long Island Lighting Company, CLI-83-13.

The instant motion underscores the urgency of the County's pending June 7 motion to the Commission and respectfully requests an immediate Commission decision rejecting the LILCO

" Transition Plan." This precise and limited issue has already been identified by Commissioner Gilinsky in his Separate State-ment of May 12. Therein, the Commissioner phrased the issue as follows:

Can there be adequate emergency preparedness (as distinct from planning) if neither the State nor the County Governments participate?

The Commissioner then continued:

The answer is clearly, No. There cannot be adequate emergency preparedness for the surrounding population without the partici-pation of a responsible government entity.

And, however they may qualify their views now, I do not believe that a single Commissioner would actually approve the operation of the plant without such parti-cipation.

The LILCO " Transition Plan" does not involve the partici-pation of-the State or County Governments. Thus, applying the Commissioner's language to the instant proceeding, "there cannot be adequate emergency preparedness" for the population surrounding the Shoreham plant under the LILCO " Transition Plan."

Accordingly, Suffolk County respectfully requests a prompt Commission decision that the LILCO " Transition Plan"

. i , cannot provide emergency preparedness and summarily rejecting that Plan. /

Respectfully submitted, David J. Gilmartin Patricia A. Dempsey Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788

. e %

' Herbert H. Bfown

Lawrence Coe Lanpher Christopher M. McMurray KIRKPATRICK , LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.

Washington, D.C. 20036 June 13, 1983 Attorneys for Suffolk County i

l l

• / In its June 10 ruling, the Licensing Board correctly did not address the LILCO " Transition Plan." That Plan, as pointed-out by the County, should appropriately be considered by the Commission itself. At present, the parties are I engaged in an unprecedented, large-scale effort to prepare contentions on the LILCO " Transition Plan." The deadline for filing such contentions is fast approaching and, there-fore, time is of the essence for a Commission decision on l

the instant County Motion. Rejection of the LILCO " Transition i Plan" will save all of the parties from wasting an enormous amount of resources in an unnecessary exercise.

'(,' .-

UNITEDSTATESOFIMERICA NUCLEAR REGULATO.RY COMMISSION Befofe ' Admf'nisthative Judges James A. Laurenson, Chairmare Dr. Jerry R. Kline+*T Dr. M. Stanley Livi.ngston

)

In the Matter of ) Docket No. 50-322-OL-3

)

LONG ISLAND LIGHTING COMPANY ) ASLBP No. 83-488-03-OL l

) (Emergency Planning Proceeding)

(Shoreham Nuclear Power Station, )

Unit 1) ) June 10, 1983

)

ORDER LIMITING SCOPE OF SUBMISSIONS L

i On April 20, 1983, a " Memorandum and Order Denying Suffolk County's Motion to Terminate the Shoreham Operating License Proceeding" LBP-83-22, 17 NRC , was issued by the Atomic Safety and Licensing Board. Therein, that Board ruled that the Applicant, Long Island Lighting Company (LILCO), should be allowed the opportunity to prove that, notwithstanding Suffolk County's refusal to participate in

preparation or. implementation of any radiological emergency plan for l

that County, adequate protective measures could and would be taken in the event of an emerger.cy at LILCO's Shoreham Nuclear Power Station. By an " Order Confirming Adjustment in Schedule to File Contentions," May 5, t

1983 (unpublished), that Board revised the submissions schedule imposed upon the parties by that Board's previous ruling. On May 11, this Board j

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. . s was established to preside over..the'emergincy planning portion of this proceeding. The Comission on Aayl12,1983 'af. firmed the Board's denial of Suffolk County's Motion to Tendnate this Proteeding. Long Island

. . s. ,~

Lighting Comoany (Shoreham Nuclear Power Statitin, Unit 1), CLI-83-13,17 NRC (May 12, 1983).

On May 26, 1983, LILCO filed its emergency plan consisting of a series of five alternatives. Under four of those alternatives, offsite emergency procedures would be implemented by LILCO personnel with the participation of a different governmental entity: Suffolk County, State of New York, FEMA, or NRC. To date, LILCO has not established that any of these four governmental entities has indicated that it will assume l the responsibilities assigned to it pursuant to the LILCO alternative plan that bears its name. LILCO's fifth alternative plan, "The LILCO Transition Plan," would rely wholly upon the services of LILCO personnel for the perfonnance of emergency functions.

Intervenors complain, inter alia, that it would be a waste of resources to spend effort to evaluate all five alternatives and to draft contentions as to each when there appears to be no likelihood that the governmental entities designated in the plan would consent to implement any such plan. We also note that we are today denying Suffolk County's request for an eight week extension of time to submit draft contentions.

The Board is also concurrently issuing a notice of a prehearing l

conference in this matter to be heard on July 13, 1983; at that time we will hear all relevant matters raised by the parties and, thereafter, we will rule on 'the admissibility of emergency planning contentions.

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The Board has considered the r,easons' advanced by LILCO for filing its plan with five alternatives 'and'the obje6tions by Intervenors to such a procedure. If Inte'rvenors were required to submit contentions as ,

to all five alternatives, this proc,eeding wotrifsuffer a significant delay. Under these circumstances we agree'with'Intervenors that it would be unproductive to require them to consider and address all five alternatives. Until such time as LILCO can establish that one or more of the governmental entities designated in its emergency plan consent to participate in such a venture, the Intervenors need not submit contentions dealing such such alternatives.

WHEREFORE, IT IS ORDERED that until such time as LILCO can establish the consent of one or more of the governmental entities (Suffolk County, State of New York, FEMA, or NRC) to participate in the relevant function of the LILCO emergency plan, no party shall be required to file any draft or final contentions dealing with such alternative plans. However, all parties are required to proceed with the plan designated "LILCO Transition" pursuant to the Order of April

! 20, 1983 as amended by the Order of May 5, 1983.

ATOMIC SAFETY AND LICENSING BOARD LG.

J E5 A. LAUREN5 % CHAIRMAN inistrative Law Judge Bethesda, Maryland I -

. UNITED ~ STATES OF AMERICA NUCLEAR REGULATORY COMMISSION f

Before the Commission

)

In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 0.L.

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

+

Unit 1) )

)

CERTIFICATE OF SERVICE I her.eby certify that copies of MOTION FOR II: MEDIATE COMMISSION DECISION REJECTING LILCO " TRANSITION PLAN," dated June 13, 1983, have been served to the following this 13th day of June, 1983 by U.S. Mail, postage prepaid, except as otherwise noted.

• Nunzio J. Palladino, Chairman Mr. Brian McCaffrey Commissioner Victor Gilinsky Long Island Lighting Company Commissioner James K. Asselstine 175 East Old Country Road Commissioner John F. Ahearne Hicksville, New York 11801 Commissioner Thomas M. Roberts U.S. Nuclear Regulatory Commission Ralph Shapiro, Esq. #

1717 H Street, N.W. Cammer and Shapiro Washington, D.C. 20555 9 East 40th Street New York, New York 10016

• James A. Laurenson, Chairman Atomic Safety and Licensing Board Howard L. Blau, Esq.

U.S. Nuclear Regulatory Commission 217 Newbridge Road Washington, D.C. 20555 Hicksville, New York 11801

• Dr. Jerry R. Kline W. Taylor Reveley, III, Esq. #

Atomic Safety and Licensing Board Hunton & Williams

, U.S. Nuclear Regulatory Commission P.O. Box 1535 l Washington, D.C. 20555 707 East Main Street Richmond, Virginia 23212

1. Dr. M. Stanley Livingston 1005 Calle Largo Mr. Jay Dunkleberger Santa Fe, New Mexico 87501 New York State Energy Office Agency Building 2 Edward M. Barrett, Esq. Empire State Plaza General Counsel Albany, New York 12223 Long Island Lighting Company 250 Old Country Road James B. Dougherty, Esq.*

Mineola, New York 11501 3045 Porter Street, N.W.

Washington, D.C. 20008

a  : *

1. Stephen B. Latham, Esq. Joel Blau, Esq.

Twomey,-Latham & Shea New York Public Service P.O. Box 398 Commission 33 West Second Street The Governor Nelson A.

Riverhead, New York 11901 Rockefeller Building Empire State Plaza Marc W. Goldsmith Albany, New York 12223 Energy Research Group, Inc.

! 400-1 Totten Pond Road David J. Gilmartin, Esq.

Waltham, Massachusetts 02154 Suffolk County Attorney H. Lee Dennison Building Atomic Safety and Licensing Veterans Memorial Highway

~ Board Panel Hauppauge, New York 11788

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Jeff Smith Shoreham Nuclear Power Docketing and Service Section Station Office of the Secretary P.O. Box 618 U.S. Nuclear Regulatory Commission North Country Road Washington, D.C. 20555 Wading River, New York 11792

• Bernard M. Bordenick, Esq. MHB Technical Associates David A. Repka, Esq. 1723 Hamilton Avenue U.S. Nuclear Regulatory Commission Suite K Washington, D.C. 20555 San Jose, California 95125 Stuart Diamond Hon. Peter Cohalan Environment / Energy Writer Suffolk County Executive NEWSDAY H. Lee Dennison Building Long Island, New York 11747 Veterans Memorial Highway Hauppauge, New York 11788

' Atomic Safety and Licensing Appeal Board Ezra I. Bialik, Esq.

U.S. Nuclear Regulatory Commission ~" Assistant Attorney General Washington, D.C. 20555 Environmental Protection Bureau Matthew J. Kelly, Esq. New York State Department Staff Counsel, New York State of Law Public Service Commission 2 World Trade Center 3 Rockefeller Plaza New York, New York 10047 Albany, New York 12223 Daniel F. Brown, Esq.

Stewart M. Glass, Esq. Atomic Safety and Licensing Regional Counsel Board Panel Federal Emergency Management U.S. Nuclear Regulatory I

Agency Commission 26 Federal Plaza Washing on, D.C. 20555 New York, New York 10278 CrifistopK6r M.'McMutfay' DATE: June 13, 1983 KIRKPATRICK, LOCKHART, HI CHRISTOPHER & PHILLIPS

• By Hand 1900 M Street, N.W.

# By Federal Express Washington, D.C. 20036 l

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