ML20070M059

Status of Suffolk County Emergency Planning Program & Schedule.Draft Radiological Emergency Response Plan Presented to Legislature on 821202.Required Hearings to Be Held During Wks of 830117 & 24.Certificate of Svc Encl

ML20070M059
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	01/07/1983
From:	Brown H KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:
References
ISSUANCES-OL, NUDOCS 8301120248
Download: ML20070M059 (8)

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e, -a UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00fMETED ANRC Before the Atomic Safety and Licensing Board

'83 JM 10 NO:59

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In the Matter of )  ;;;[jb ' ' '-

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

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(Shoreham Nuclear Power Station, )

Unit 1) )

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STATUS OF OFFSITE EMERGENCY PLANNING For the information of the Board and parties in advance of ,

the discussion of the status of Suffolk County emergency planning scheduled for January 12, 1983, the following summarizes the County's current program and schedule.

On March 23, 1982, the Suffolk County Legislature passed Resolution No. 262-1982, which states in part:

RESOLVED, that said plan shall not be operable and shall not be deemed adequate and capable of being implemented until such time as it is approved by the Suffolk County Legislature; and RESOLVED, that only after said plan is approved by the Suffolk County Legislature, shall it be submitted to the Federal Emergency Management Agency and the Nuclear Regulatory Commission for purposes of any findings, determinations, rulings, reviews, or bearings by such Federal agencies.

On May 18, 1982, the Legislature passed Resolution 456-1982, which states in part:

Suffolk County shall not assign funds or per-sonnel to test or implement any radiological emergency response plan for the Shoreham Nuclear Plant unless that plan has been fully developed to the best of the County's ability.

l B301120248 830107 PDR ADOCK 05000322 O PDR g$Oq . - .

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Suffolk County shall not assign funds or per- i sonnel to test or implement any radiological emergency response plan for the Shoreham Nuclear Plant unless that plan has been the subject of at least two public hearings, one to be held in Riverhead, and one to be held in Hauppauge.

Suffolk County shall not assign funds or per-sonnel to test or implement any radiological emergency response plan for the Shoreham Nuclear Plant unless that plan has been approved, after public hearings, by the Suffolk County Legisla-ture and the County Executive.

(Copies of the full text of both Resolutions are attached hereto.)

On December 2, 1982, the Suffolk County Executive presented the draft Radiological Emergency Response Plan to the Legislature.

The Legislature has scheduled its required hearings to be held during the. weeks of January 17 and 24, 1983. It is anticipated that the Legislature will complete its consideration of the draft plan by February 22, 1983.

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

' Herbert H. Brown Lawrence Coe Lanpher Christopher M. McMurray KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS ifashi gton D.C bO36 January 7, 1983 Attorneys for Suffolk County l .

1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION I

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD -

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In the Matter of , ) ,

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LONG ISLAND LIGHTING COMPANY )

) Docket No. 50-322 (0.L.)

(Shoreham Nuclear Power Station, )

Unit 1) )

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CERTIFICATE OF SERVICE I hereby certify that copies of the " STATUS OF OFFSITE EMERGENCY PLANNING" have been served to the following by U.S.

Mail, first class, this 7th day of January, 1983.

Lawrence Brenner, Esq. Ralph Shapiro, Esq.

.. . Administrative Judge Cammer and Shapiro i Atomic Safety and Licensing Board 9 East 40th Street U.S. Nuclear Regulatory Commission New York, New York 10016 Washington, D.C. 20555 Howard L. Blau, Esq.

Dr. James L. Carpenter 217 Newbridge Road Administrative Judge Hicksville, New York 11801 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission W. Taylor Reveley III, Esq.

Washington, D.C. 20555 Hunton & Williams P.O. Box 1535 707 East Main St.

Dr. Peter A. Morris Richmond, Virginia 23212 Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission. Mr. Jay Dunkleberger Washington, D.C. 20555 New York State Energy Office Agency Boilding 2 Edward M. Barrett, Esq. Empire State Plaza General Counsel Albany, New York 12223 Long Island Lighting Company 250 Old Country Road Mineola, New York 11501 Stephen B. Latham, Esq.

, Twomey, Latham & Shea

! Mr. Brian McCaffrey Attorneys at Law Long Island Lighting Company P.O. Box 398 175 East Old Country Road 33 West Second Street Hicksville, New York 11801 - Rrv e rhead , New' York 11901

Marc W. Goldsmith Mr. Jeff Smith Energy.Research Group, Inc. Shoreham Nuclear Power Station 400-1 Totten Pond Road P.O. Box 618 Waltham, Massachusetts 02154 North Country Road Wading River, New York 11792 .

Joel Blau, Esq. MHB Technical Associat_es New York Public Service Commission 1723 Hamilton Avenue The Governor Nelson A. Rockefeller Suite K Building San Jose, California 95125 Empire State Plaza Albany, New York 12223- -

Hon. Peter Cohalan .

Suffolk County Executive David J. Gilmartin, Esq. County Executive / Legislative Suffolk County Attorney Building County Executive / Legislative Bldg. Veterans Memorial' Highway Veterans Memorial Highway Bauppauge, New York 11788 Hauppauge, New York 11788 Ezra I. Bialik, Esq.

Atomic Safety and Licensing Assistant Attorney General Board Panel Environmental Protection Bureau U.S. Nuclear Regulatory Commission New York State Department of Washington, D.C. 20555 Law 2 World Trade Center Docketing and Service Section New York, New York 10047 Office of the Secretary

, U.S. Nuclear Regulatory Commission Atomic Safety.and Licensing Washington,.D.C. 20555 Appeal Board U.S. Nuclear Regulatory Bernard M. Bordenick, Esq. Commisrion David A. Repka, Esq. Washingcon, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Matthew J. Kelly, Esq.

Staff Counsel, New York Stuart Diamond State Public Service Comm.

Environment / Energy Writer 3 Rockefeller Plaza NEWSDAY Albany, New York 12223 Long Island, New York 11747 Daniel F. Brown, Esq.

Atomic Safety and Licensing Board Panel

U.S. Nuclear Regulatory Commission -

Washington, D.C. 20555 ,

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1h (H M f 'E{?ktr4 h3 4 Herbert H. Brown /d d' KIRKPATRICK, LOCKH ART, HILL, CHRISTOPHER & PHILLIPS DATE: January 7, 1983 1900 M Street, N.W., 8th Floor 1 Washington, D.C. 20036

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i Intro. R2s.'ilo. 1266-82 Laid Cn Tablo 3/9/82

. Introduccd by the Presiding at the request of t County Executive

' g RESOLUTION !!O. 262- 1982, DIRECTIt!G THE 4 COMPTROLLCR AND COUNTY TREASURER TO REFUNO

.Q . $150,000 RCCEIVED FROM LILCO AND TRANSFERRI!IC g . FUNDS IN Corit!ECTION WITH RADIOLOGICAL RESPONSE PLAN.

h WHEREAS, Resolution No. 694-1981 authorized an agree:~.nt between LILCO 3' and the Suffolk County Department of Planning for the prepart. tion of a County

'l radiological emergency response plan; and 1

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WHEREAS, under the terms of the agreement, LILCO has paid the County of 4 Suffolk $150,000 with an additional $95,000 due upon completion of the contract; w and 9-i WHEREAS, special counsel for the County in the Shoreham operating licensing proceedings has advised the County that it is in the best interest of

.g} the County to avoid any appearance of a conflict of interest by returning the

, $150,000 received from.LILCO for the radiological response plans and

.,.; WHEREAS, it is the intention of the County to cooplete the radiological

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rosponse plan at its own expense; now, therefore, be it h RESOLVED, that the County Comptroller and County Treasurer are directed j to return $150,000 to LILCor and be it further/ !

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,j RESOLVED, that the County comptroller and County Treasurar are directed i to cancel the unoxpended balance in the following encumbrancess

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• 01-8026-992 i .. 01-8026-993 *

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01-8026-994 ..

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and be it further

. M RESOLVED, that the County Comptroller and County Treasurer be, and they

( ) hereby are authorized to transfer the following funds and authorization:

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g Employeo Benefits Health Insurance 01-9060-836

' N. $375,000

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.i L ,E j[ Planning M; Radiological Response Plan (Office Supplies) 10,000

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01-8026-301 ,

Planning Radiological Response Plan (Printing) 19,000

• 7 01-8026-304

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?. Planning

, Radiologic 1 Response Plan (Hisc.)

• 40,000 01-8026-350  ! ,,..

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.{ latro". Als. No. 1266-82 Paga 2 Planning j Radiological Response Plan (Adv.) 1,000

.1 01-8026-377 t Planning .

. 1 Radiological Response Plan (Hileage)

• 5,000

. 01-8026-433

• I Planning Radiological Respon'se Plan (Fees for services for non-Employees 300,000 01-8026-456 3 and be it further *

"3 RESOLVED, j

tha t the County Planning

• Department shall prepare a County Radiological Emergency Response Plan to serve the interest of safety, health and =

welfare of the residents of Suffolk County; and be it further c4

.:J RESOLVED, that said plan shall not be operable and shall not be deemed adequate the Suffolkand capable County of beingand Legislatures implemented until such time as it is approved by i.je Le islature, RESOLVED, that only after said plan is approved by the Suffolk County an shall it be submitted to the Federal Emergency !!anagement Agency

~} the Nuclear Regulatory Comrsission for purposes of any findings, y dstorminations, rulings, reviews, or bearings by such Federal agencies.

zg DATED: March 23. 1982-

-T 4 APPRO Y

, ks. County /.xecutive of Suf folk County I. '

Date of Approval: 3[.Z, .5 / 72.,

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Countg Keghtature Em. Cled of the RIVEnllEA D. N. Y. County Legislature of the County of Suffolk. have compared the 0 foregoing ccpy of resolution with the original resolution now on file b

this office.

Countr on and which was duty adopted by the County Legislature i

he.A.c/) Q. /Qfol./

4 and that the same is a true and correct transcript of said resolution a the whole thereof.

og JaJIitne.eJ39 e f.l3 have hereunto set my hand and the official .

sealof the County Legislature of the County of Suffolk.

Clerk of the County I*gislature

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h . . . ..Inted. Rio. N2. 1516-82

. Introdue:d by Legis1ctarc Bla 0, RoCaO, Falcy, Cartcappa, Cic20, Allgrova, N' Richards, WIhrenba;rg, Rizzr, Holr.r, H ritz:, Noto, Howard, Prospect, LaBua, 2 Devine, Heazak

tESOLUTION NO. 46 -1982, ESTABLISHING THE RADIOLOGICAL EMERGENCY RESPONSE PLANNING

}:t POLICT OF Tile CDUNTY OF SUFFOLK .

< i WHEREAS, County of Suffolk has the primary responsibility for the p:otection of its residents in the event of a radiological emergency at the Long

, . I.: land Lighting Company's Shoreham Nuc1 car Power Station; and .

.#i WHEREAS, Suffolk County takes this responsibility seriously and intends,

• ti.::ough good faith and sound planning ef forts, to assure that the best possible

' er ergency plan and preparedness are developed to protect the citizens of Suffolk Ce:nty; and if ' WHEREAS, Suffolk County's Emergency Planning Task Force, codiposed of

'A n ..tionally recognized experts drawn from a range of

} new conducting a detailed planning effort in orderpertinent to attempt disciplines, to develop is a

q viable radiological emergency plan for Suffolk County; and y,

W-WHEREAS, The Long Island Lighting Company,

,y k act, has gone beyond its powers as a private corporation in an attempt toin an unwarranted usurp a the rightful powers of q Suffolk County by submitting county planning resource' material to the New York State Disaster Preparedness Commission for its approvai 34 as the official radiological emergency response plan for suffolk County; and N WHEREAS, T personnel, is preliminary said planning resource material developed in part by county 3' approved RADIOLOGICAL data which in no way constitutes the Suffolk County-EMERGENCY RESPONSE PLAN and will. not in the future 4 constitute such County plan; and 1-WHEREAS, Suffolk County will submit its RADIOLOGICAL EMERGENCY RESPONSE

'k PLAN to the New York State Disaster Preparedness Commission only when that plan has been fully prepared and approved by Suffolk County and is thereby integrated

}g with the planning efforts of both LILCO and New York Stater therefore, be it

( 4- RESOLVED, that suffolk County 3 Radiological Emergency hereby established the following Response Planning Policy:

T' Suffolk County shall not assign funds or personnel to test or implement any .

radiological emergency response plan for

' the Shoreham Nuclear Plant unless that plan has been fully developed to the best of the County's ability.

Euffolk Canty shall not assign funds of poroonnel to test or implement any radiological emergency response plan for h the Shoreham Nuclear Plant unless that 1 plan has been the subject of at least two public hearings, one to be held in River-

{r ., head, and one to be held in Hauppauge. , ,

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e-12t,ro, REs. N;. l$16 82 Page 2 h@

• Suffalk County shall not casign (unda ce

'.,7 percannal to tstt er implem;nt any j ridicicgical cmergency response plan for

• the Shoreham Nuclear Plant unless that *\

-3 plan has been approved, after public .

j ,9 hearings, by the Suffolk County Legislature and the County Executive

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['.$q and, be it further 7 RESOLVED. thac copies of j' Speaker of the Assembly, the Majori*.y Leader of the Sonate andthisthe resolution be sent of the State of New. York. Lagislaturo ag ,

}ni' DATED: May 18,1982

. APP i O BY

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Cour y Executive of Suf folk County Date of Approval:

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ty. i. e. gerery cipe d. William H. Rogers. Clerk of the fh TY l f,0, ,, County Legislature of the County of Suffolk. have compared the RIVERilEAD, N. Y. I foregoing copy of resolution with the original resolution now on file n F q this office, and hich was duly adopted by the County 12gislature of said

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and that thesame a true and correct transcript of sr.id resolution and of I i '

s the whole thereof.

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g.pa..pp t.lI have hereunto set my hsnd and the official seal of the County legislature of the County of Suffolk.

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