ML20033E660

Responds to 860318 Referral of VA Suozzi .Aslb Found Agreements Re Nassau County Veterans Memorial Coliseum Satisfactory to Provide Reasonable Assurance That Util Will Have Access to Coliseum in Event of Emergency

ML20033E660
Person / Time
Site:	05000000, Shoreham
Issue date:	04/02/1986
From:	Cotter B Atomic Safety and Licensing Board Panel
To:	Damato A SENATE
Shared Package
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References
FOIA-90-44 NUDOCS 9003130525
Download: ML20033E660 (2)

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c, a weg UNITED STATts NUCLEAR REGULATORY COMMISSION E

ATOMIC SAFETY AND LICENslNG eOARD PANEL WasMmcTON D.C.20sst April 2, 1986 g,

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The Honorable Alfonse D'Amato United States Senator Suite 1635 One Penn Plaza i

New York, New York 10001

Dear Senator D'Amato:

I have been uked by the Comission to respond to your March 18, 1986 referral of a letter from Mayor Vincent A. Suozzi dated Mr.rch 7 1986.

With his correspondence to you, Mayor Suorzi enclosed an April 8, 4985 letter to the Atomic Safety and Licensing Beard presiding in the energency planning phase of the Shoreham Nuclear Power Plt.nt operating license proceeding.

That letter expressed Mayor Suozzi's concern that arrangements to make the Nassau County Veteran's Memorial Coliseum available as a relocation center within the Shoreham emergency plan had not been properly approved by the county's Board of Supervisors.

Mayor Suozzi's April 8,1985 letter was, in fact, received by the presiding Licensing Board.

Because it pertained to matters in litigation before the Board, it was treated as an ex parte communication I

and,inaccordancewithCommissionregulations,coiiiesofitwereserved on all the parties to the Shoreham proceeding, j

Questions related to the agreement for the use of the Coliseum were decided by the Board in its August 26, 1985, " Concluding Partial Initial Decision on Emergency Planning" published at 22 NRC 410. A copy of that decision is enclosed for your convenience. The pertinent section begins on page 415. As you will see, the Board found the agreements'

" satisfactory to provide reasonable assurance that LILCO will have access to the Coliseum in the event of an emergency at Shoreham."

Sulsequently, in a decision dated March 26, 1986 (copy enclosed) l the Comission's Atomic Safety and Licensing Appeal Board reversed the Licensing Board's decision with respect to the Coliseum (although not on the point raised by Mayor Suozzi) and remanded the matter for further L

consideration. However, because an appeal by LILCO is presently pending before the Commission itself, the Appeal Board directed that no action be taken on the remand pending further instructions from the Comission.

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The Honorable Alfonse D' Amato 2

April 2, 1986

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I hop' that this information will be sufficient to answer any e

questions Mayor Suozzi may have had concerning the status of the Coliseum issue.

Sincerely, Y

. Paul Cotter, J.

Chief Administrative Judge r

Enclosures t

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