ML20071C823

Response to Town of Southampton 830223 Notice of Intent to Participate as Interested Municipality.Southampton Should Be Required to Delineate Which Offsite Issues Town Will Participate In.Certificate of Svc Encl

ML20071C823
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/03/1983
From:	Mccleskey K HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8303080142
Download: ML20071C823 (8)

Text

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LILCO, March 3, 1983

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 3-1rs . ,

Before the Atomic Safety and Licensing Bo d $kh[

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& WO 719835 :

In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 5 48

) to s (Shoreham Nuclear Power Station, ) -

Unit 1) )

LILCO'S RESPONSE TO THE TOWN OF SOUTHAMPTON'S NOTICE OF INTENT TO PARTICIPATE IN THIS PROCEEDING On February 23, 1983, the Town of Southampton (Southampton) filed a " Notice of Intent to Participate as an Interested Municipality Pursuant to 10 C.F.R.'l 2.715(c)."

This pleading responds to Southampton's filing. (See Tr.

20238.)

Title 10 C.F.R. $ 2.715(c) provides:

The presiding officer will afford representa-tives of an interested State, county, munici-

l. pality, and/or agencies thereof, a reasonable opportunity to participate and to introduce evidence, interrogate witnesses, and advise the Commission without requiring the repre-sentative to take a position with respect to the issue. Such participants may also file proposed findings and exceptions pursuant to

$$ 2.754 and 2.762 and petitions for review by the Commission pursuant to $ 2.786. The presiding officer may require such represen-tative to indicate with reasonable specif-icity, in advance of the hearing, the subject matters on thich he desires to participate.

In extending this provision to governmental entities other than "an interested State," the Commission's purpose was "to improve A

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l coordination with States, counties, and municipalities." 43 Fed. Reg. 11798 (April 26, 1978). To that end, i 2.715(c)

"[ abrogates] some of the technical requirements applicable to other types of intervention," and has been construed to avoid a limiting a municipality's access to a proceeding. Cincinnati Gas and Electric Co. (William H. Zimmer Nuclear Station), LBP-80-6, 11 NRC 148, 150 (1980), citing Exxon Nuclear Co. (Nuclear Fuel Recovery and Recycling Center), ALAB-447, 6 NRC 873 (1977); Project Management Corp. (Clinch River Breeder Reactor Plant), ALAB-354, 4 NRC 383, 392-94 (1976).

In connection with Southampton's petition to partici-pate, however, two points bear noting. First, the petition states that

[t]he Town of Southampton's interest in this proceeding pertains specifically to matters involving off-site emergency planning for the Shoreham Nuclear Power Plant as well as mat-ters pertaining to any low-power, interim or full-power license which may be sought by the Long Island Lighting Company for the Shoreham facility.1/

But emergency planning has been an issue in this proceeding for almost seven years. The Town of Southampton has long had the i

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opportunity to advise the Board regarding emergency planning, and should have evinced its interest in participating in the proceeding some time ago.

i l 1/ Counsel erence for Southampton stated on the record that the ref-to " matters pertaining to any low-power, interim or full-power license" relates to offsite emergency-planning mat-ters and not to new subjects. Tr. 20,239-40.

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/ Second, it app, ears that the Town of Southampton has known about and taken an interest in offsite emergency planning for Shoreham at least since Match 24, 1982, when its Town Board adopted a resolution stating, in part:

1 IT IS HEREBY RESOLVED, that the NRC require a demonstrably effective evacuation plan for the 5 eastern towns and that emergency plan-ning conducted at the county or state level or by LILCO include these towns in such plan-ning.2/

Counsel for Southampton stated e;. the record that Southampton now seeks to participate in this proceeding because

in the last few days, there have been some unprecedented developments on the question of off-site emergency planning, and I think that all parties would agree that the Town.of Southampton, in view of its particular loca-tion and role as a governmental entity, has a unique, or has some unique considerations with regard to off-site emergency planning determinations.

I think that if the County's motion, as filed yesterday, is granted by the Commission our intervention will be brief, but in the event that motion is not granted there are some very critical questions concerning the rights of local governments which the Town of i

Southampton is interested in having protected in view of the recent developments.

Tr. 20238-39. But the Suffolk County Legislature's decision to

reject its draft emergency plan does not appear in and of itself to create " unique considerations" sufficient to alter the level of interest in emergency planning already voiced by Southampton a year ago in its resolution.

2/ This resolution, and a letter transmitting it to NRC Chairman Nunzio Palladino, are attached to this pleading.

y Counsel for Southamptor has responded in part regarding the timeliness of its petition by stating it is " fully aware" of the "take the record as you find it provisions in the regu-lations and the case law." Tr. 20240. See Pacific Gas and Electric Co. (Diablo Canycn Nuclear Power Plant, Units 1 and 2), ALAB-600, 12 NRC 3, 8 (1980). The Board ruled that if Southampton is permitted to participate, that limitation will apply. Tr. 20239-40.

Southampton's petition is grossly out of time.

Therefore, LILCO requests, in keeping with the limitation al-ready set by the Board, that the Board (1) require Southampton to articulate precisely the offsite issues on which it desires to participate, within ten days of any Board decision allowing

, the parties to begin litigating offsite emergency planning; and (2) limit Southampton's participation in any future discovery to receipt of those documents that have been generated since the close of the previous discovery period, given the massive j document production that has already occurred.

Re'spectfully submitted, LONG ISLAND LIGHTING COMPANY

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l Jayes M. Christman Hunton & Williams i

P.O. Box 1535 Richmond, Virginia 23212 Dated: March 3, 1983

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i March 24, 1982 Nunzio Palladino Chairman of the U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Chairman Palladino:

The enclosed resolution was adopted on March 8 23, 1982, by a vote of 5-0, by the Town Board of the Town of Southampton. .

Your reply to this resolution in the near future would be greatly appreciated.

. . . S care. , . .

N G Supervisor

! nm Enclosure cc: Peter F. Cohalan Suffolk County Executive William Richards Presiding Officer Suffolk County Legislature .

Lawrence Brenner, Esq.

Administrative Judge O

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'g C ' K'4NNETH H. THOMMEN. TOWN CLERK I sOUTHAMPTON. NEW YDRE 11968 tsias zes-sooo Exv. 214 March 24,1982 To Whom It May Concern:

1982, Please be advised that the Town Board, at a meeting held on March 23, adopted the following resolution:

WHEREAS, certain official government studies (Reactor Safety Study - WASH -

1400) reconsnend that evacuation planning in the event of a nuclear accident be developed out to 25 miles from the nuclear power plant; WHEREAS, earlier government studies (Brookhaven National Lab. - WASH - 740 revised) as yet unfulfilled, state that deaths from a catastrophic nuclear reactor accident could occur out to 150 kilometers (100 miles) from its line-with asvere thyroid damage occurring at 1000 kilometers; WHEREAS, the Shoreham nuclear power plant due to come in line in 1983 will be within a 50 mile radius of most of the south and north forks of Eastern Long Island as well as Nassau County to the west; WHEREAS, the east and of Long Island represents a transportation traffic " dead -

and" that essentially precludes any evacuation of the residents; WHEREAS, the WASH - 740 revision states that sheltering of people during a nuclear emergency is virtually useless due to the rapid air turnover in most buildings; IT IS HEREBY RESOLVED, that the NRC require a demonstrably effective evacuation plan for the 5 eastern towns and that emergency planning conducted at the county or state level or by LILCO include these towns in such planning.

Very truly yours, 94 Kenneth E. Thomsen

.s Town Clerk

/sd pc: Nunzio Palladino, Chairman Lawrence Brenner, Esq.

Herbert Brown, Esq.

O Hon. Peter Cohalan William Richards, Presiding Officer 1

=__-___________=_,----____

p LILCO, Mnrch 4, 1983 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322 (OL)

I hereby certify that copies of LILCO'S RESPONSE TO THE TOWN OF SOUTHAMPTON'S NOTICE OF INTENT TO PARTICIPATE IN THIS PROCEEDING were served this date upon the following by hand (as indicated by an asterisk) or by first-class mail, postage prepaid.

Lawrence Brenner, Esq.* Secretary of the Commission Administrative Judge U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board Panel U.S. Nuclear Regulatory Dr. Peter A. Morris

• Commission Administrative Judge Washington, D.C. 20555 Atomic Safety and Licensing Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Dr. James H. Carpenter * ,

Administrative Judge Daniel F. Brown, Esq.*

Atomic Safety and Licensing Attorney Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 l

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Bernard M. Bordenick, Esq. David J. Gilmartin, Esq.

David A. Repka, Esq. Attn: Patricia A. Dempsey, Esq.

.U.S. Nuclear Regulatory County Attorney  ;

Commission Suffolk County Department of Law l

Washington, D.C. 20555 Veterans Memorial Highway >

Hauppauge, New York 11787 Herbert H. Brown, Esq.* Stephen B. Latham, Esq..*

Lawrence Coe Lanpher, Esq. Twomey, Latham & Shea Karla J. Letsche, Esq. 33 West Second Street Kirkpatrick, Lockhart, Hill, P. O. Box 398 Christopher & Phillips Riverhead, New York 11901 8th Floor 1900 M Street, N.W. Ralph Shapiro, Esq.

Washington, D.C. 20036 Cammer and Shapiro, P.C.

9 East 40th Street Mr. Marc W. Goldsmith New York, New York 10016 Energy Research Group 4001 Totten Pond Road James Dougherty, Esq.

Waltham, Massachusetts 02154 3045 Porter Street Washington, D.C. 20008 MHB Technical Associates 1723 Hamilton Avenue Howard L. Blau Suite K 217 Newbridge Road San Jose, California 95125 Hicksville, New York 11801 Mr. Jay Dunkleberger Matthew J. Kelly, Esq.

New York State Energy Office State of New York Agency Building 2 Department of Public Service l Empire State Plaza Three Empire State Plaza Albany, New York 12223 Albany, New York 12223 0 D hdAQL4dh Daniel O. Plangn Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: March 4, 1982

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