ML20024F246
| ML20024F246 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 09/02/1983 |
| From: | Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Kline J, Laurenson J, Shon F Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8309090128 | |
| Download: ML20024F246 (6) | |
Text
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4 September 2,1983 In the Matter of LONG ISLAND LIGHTING COMPANY (ShorehamNuclearPowerStation, Unit 1)
Docket No. 50 322 (Emergency Planning)
NOTE TO ATTACHED SERVICE LIST Reference is made to my letter dated July 28, 1983 addressed to Stephen B.
Latham, Esq., which forwarded a copy (of a letter dated July 22, 1983, from the NRC (William J. Dircks) to FEMA Jeffrey S. Bragg). Copies of these letters are attached for ready reference.
Attached for your information is a copy of a letter dated August 29, 1983, from Mr. Bragg to Mr. Dircks which responds to the July 22, 1983, letter noted above.
Sincerely, Bernard M. Bordenick Counsel for NRC Staff
Enclosures:
As stated DISTRIBUTION:
Bordenick/Dewey Repka/Rawson/ Mcdonald Reis/Lessy Murray/Christenbury Lieberman/0lmstead CHRON (2)/0 ELD FF (2)
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l NAME :BBordenick/sab
- EReis DATE :09/02/83
- 09/g,/83 8309090128 830902
{DRADOCK 05000322 PDR
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
LONG ISLAND LIGHTING COMPANY Docket No. 50-322-0L-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
CERTIFICATE OF SERVICE
. James A. Laurenson, Chairman
- Ralph Shapiro, Esq.
Administrative Judge Camer and Shapiro Atomic Safety and Licensing Board 9 East 40th Street U.S. Nuclear Regulatory Comission New York, NY 10016 Washington, D.C.
20555 Dr. Jerfy R. Kline*
Administrative Judge Howard L. Blau, Esq.
Atomic Safety and Licensing Board 217 Newbridge Road U.S. Nuclear Regulatory Comission Hicksville, NY 11801 Washington, D.C.
20555 Mr. Frederick J. Shon W. Taylor Reveley III, Esq.
Administrative Judge Hunton & Williams Atomic Safety and Licensing Board P.O. Box 1535 U.S. Nuclear Regulatory Comission Richmond, VA 23212
. Washington, D.C.
20555 Cherif Sedkey, Esq.
Jonathan D. Feinberg, Esq..
Kirkpatrick, Lockhart, Johnson New York State Department of
& Hutchison Public Service 1500 Oliver Building Three Empire State Plaza Pittsburgh, PA 15222 Albany, NY 12223
~
. Stephen B. Latham, Esq.
John F. Shea, III, Esq.
Herbert H. Brown, Esq.
Twomey, Latham & Shea Lawrence Coe Lanpher, Esq.
Attorneys at Law Karla J. Letsche, Esq.
P.O. Box 398 Kirkpatrick, Lockhart, Hill, 33 West Second Street Christopher & Phillips Riverhead, NY 11901 1900 M Street, N.W.
8th Floor Washington, D.C.
20036 Atomic Safety and Licensing Board Panel
- Eleanor L. Frucci, Esq.*
U.S. Nuclear Regulatory Commission Attorney Washington, D.C.
20555 Atomic Safety and Licensing Board Panel Atomic. Safety and Licensing U.S. Nuclear Regulatory Commission Appeal Board Panel
- Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 James B. Dougherty, Esq.
3045 Porter Street, N.W.
Docketing and Service Section*
Washington, D.C.
20008 Office of the Secretary U.S. Nuclear Regulatory Commission Stewart M. Glass, Esq.
Washington, D.C.
20555 Regional Counsel Federal Emergency Management Spence Perry, Esq.
Agency Associate General Counsel 26 Federal Pla?a Federal Emergency Management Agency Room 1349 Room 840 New York, NY 10278 500 C Street, S.W.
Washington, D.C.
20472 Lucinda Low Swartz, Esq.
Pacific Legal Foundation 1990 M Street, N.W.
Suite 550 Washington, D.C.
20036 m
e v
O
. COURTESY COPY LIST Edward M. Barrett, Esq.
Mr. Jeff Smith General Counsel Shoreham Nuclear Power Station Long Island Lighting Company P.O. Box 618 250 Old County Road North Country Road Mineola, NY 11501 Wading River, NY 11792 Mr. Brian McCaffrey MHB Technical Associates Long Island L'ighting Company 1723 Hamilton Avenue 175 East Old Country Road Suite K Hicksville, New York 11801 San Jose, CA 95125 Marc W. Goldsmith Hon. Peter Cohalan Energy Research Group, Inc.
Suffolk County Executive 400-1 Totten Pond Road County Executive /' egislative Bldg.
Waltham, MA 02154 Veteran's Memorial Highway Hauppauge, NY 11788 David H. Gilmartin, Esq.
Suffolk County Attorney Mr. Jay Dunkleberger County Executive / Legislative Bldg.
New York State Energy Office Veteran's Memorial Highway Agency Building 2 Hauppauge, NY 11788 Empire State Plaza Albany, New York 12223 Ken Robinson, Esq.
N.Y. State Dept. of Law Ms. Nora Bredes 2 World Trade Center Shoreham Opponents Coalition Room 4615 195 East Main Street New York, NY 10047 Smithtown, NY 11787
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O!.*!TED STATES
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,,g i NUCLEAR REGULATORY COMT.ilSSION 7
,ge W A SHING T O N, D. C. 20055 c
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July 28,1983 Stephen B. Latham, Esq.
Twomey, Latham & Shea Attorneys at Law P.O. Box 398 33 West Second Street Riverhead, NY 11901 In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322 (Emergency Planning)
Dear Mr. Latham:
As previously requested by you, I am enclosing a copy of a letter dated July 22, 1983, from the NRC (William J. Dircks) to FEMA (Jeffrey S. Bragg) regarding the LILC0 Transician Plan for the Shoreham Nuclear Power Station.
Sincerely, M
Bernard M. Bordepick Counsel for NRC Staff
Enclosure:
As Stated cc:
(w/ enclosure)
James A. Laurenson Dr. Jerry P. Kline Dr. M. Stanley Livingston Cherif Sedkey, Esq.
Matthew J. Kelly, Esq.
Ralph Shapiro, Esq.
Howard L. Blau, Esq.
W. Taylor Reveley III, Esq.
Herbert H. Br6wn, Esq.
Eleanor L. Frucci, Esq.
Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Appeal Board Panel Karla Letsche, Esq.
Lawrence Coe Lanpher, Esq.
Edward M. Barrett, Esq.
Mr. Brian McCaffrey Marc W. Goldsmith David H. Gilmartin, Esq.
Mr. Jeff Smith MHB Technical Associates Hon. Peter Cohalan Mr. Jay Dunkleberger John F. Shea, III, Esq.
Docketing and Service Section James B. Dougherty, Esq.
Ken Robinson, Esq.
Stewart M. Glass, Esq.
Spence Perry, Esq.
Ms. Nora Bredes D1 %__.
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JUL 2 2 983 1
Mr. Jeffrey S. Bragg Executive Deputy Director Federal Emergency Management Agency 500 C Street, S.W.
Washington, D.C.
20472
Dear Mr. Bragg:
On June 23, 1983, your agency reported to the NRC the results of your review of the LILCO Transition Plan for the Shoreham Nuclear Power Station.
In your report you found 34 inadequacies in the plan in terms of NUREG-0654/
FEMA-REP-1, Rev. 1, and in addition, set forth two preconditions that had to be met for there to be a FEMA finding on whether the Transition Plan was implementable and whether LILC0 had the ability to implement the plan.
These preconditions involved a determination as to the legal authority of the utility to manage and implement the plan, and a need for a full scale exercise to demonstrate an ability to implement the plan.
We recognize that a full scale exercise must be conducted to demonstrate LILC0's ability to implement the plan before it can be authorized to operate the Shoreham facility in excess of five percent of rated power.
However, it is unclear from a reading of your report as to what FEMA's views would be as to the adequacy of the Transition Plan if the preconditions were removed and the 34 inadequacies were corrected.
Specifically, would FEMA find the Transition Plan acceptable if these encumbrances were removed?
In order for us to have a better understanding of FEMA's views in this regard, I would appreciate your advice as to whether FEMA would find that there exists reasonable assurance that the LILC0 Transition Plan, as written, is adequate and capable of implementation if the noted inadequacies were cured and there existed no question of legal authority to carry out the plan.
Thank you very much for your attention to this matter.
l Sincerely, i
M D &.Dirstg William J. Dircks Executive Director for Operations l
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j Federal Emergency Managernent Agency I 'h' i Washington, D.C. 20172 4
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August 29, 1983 Mr. William J. Dircks Executive Director for Operations U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Dear Mr. Dircks:
This is in response to your July 22, 1983, letter requesting the Federal Emergency Management Agency (FEMA) to provide additional information to the Nuclear Regulatory Commission (NRC) concerning our report of June 23, 1983, entitled " Findings on the LILCO Transition Plan as requested by the NRC as Part of tiRC Licensing of the Shoreham Nuclear Power Station."
Generally, f or any non-governmental plan submitted to us for review, our position will be:
The plan could be considered adequate, if there are no deficiencies 1.
when the plan is reviewed against the NUREG-0654/ FEMA-REP-1 standa rds.
2.
The plan could be implemented, if the organization or persons required to implement planned actions have the authority to do so.
3.
FEMA, in its advisory role to NRC, could make a finding that there is reasonable assurance that offsite preparedness is adequate, if a full scale exercise demonstrates that, with the authority and resources, the plan can be carried out effectively.
j Specifically with respect to our June 23 report:
If the NRC requests, we will review the revised LILCO Transition o
Plan against the standards and criteria in NUREG-0654/ FEMA-REP-1, and if we find that the 34 previously identified deficiencies are corrected, we could certify to the adequacy of the plan.
If LILCO is given the authority to perform response roles o
of Suffolk County personnel, and there is an exercise in which this is demonstrated, FEMA, in its advisory role to the NRC, could make a finding that offsite preparedness is adequate to protect the public living in the vicinity of the Shoreham plant.
With regard to the first point, because of the short time that NRC allowed for the FEMA review of the LILCO Transition Plan we had to modify our procedure and not use the Regional Assistance Committee (RAC).
If NRC requests a further review of the LILCO Plan, and there is adequate time, we would want to use the services of the RAC.
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..; e 1.' !. O"g J.:! I also want to emphasize again that there is a real need to resolve the issue of LILCO's legal authority to act in accordance with the plan either in an exercise or during an actual emergency.
This problem is j
one that can be resolved by the State of New York.
FEMA's preference, in any case is to gain the active participation of State and local governments in the emergency planning and preparedness process related to Shoreham.
Perhaps the diesel generator problem at Shoreham will provide more time for the State and Suffolk County to work out the of fsite emergency preparedness problem.
Thir should clarify FEMA's views.
Please do not hesitate to contact me if I can be of further assistance.
Sincere
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3effrey S. Bragg Executive Deputy Director e.e A