ML20077S444
| ML20077S444 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 09/19/1983 |
| From: | Mccleskey K HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL-3, NUDOCS 8309220088 | |
| Download: ML20077S444 (34) | |
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80CKETE8 LILCO, SeptembeENf9, 1983
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UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION r.-
Before the Atomic Safety and Licensing Board-In the Matter of
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LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
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) (Emergency Planning Proceeding)
(Shoreham Nuclear Power Station, )
Unit 1)
)
LILCO'S RESPONSE TO SUFFOLK COUNTY'S MOTION FOR A PROTECTIVE ORDER On September 7, 1983, Suffolk County filed a Motion for a Protective Order barring the depositi6ns of Mr. Frank Jones and Dr. Lee Koppelman.
Suffolk County has taken the position that these depositions will not lead to the discovery of admissible ev-idence because the areas of inquiry identified in LILCO's Notices of Deposition relate only to the County's planning process, which the County argues is not relevant to this proceeding.
For the reasons detailed below, LILCO believes that Mr. Jones and Dr. Koppelman have knowledge of information relevant to the LILCO Transition Plan.
Accordingly, LILCO requests this Board to deny the County's Motion for a Protective Order and to order Suffolk County to produce Mr. Frank Jones and Dr. Lee Koppelman for depo-sitions.
I.
BACKGROUND To appreciate fully the relevance of the information sought 8309220088 830919 PDR ADOCK 05000322 7
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. by LILC, a brief review of the history of offsite emergency 5[:
planninI for Shoreham is required.
That history begins with a Suffolk County Executive Order in February 1973 directing the Department of Emergency Preparedness to develop a " Response Plan -- Specific Operating Procedures for Major Radiation Inci-dents."
Subsequently, in early 1975, the State, County and LILCO met to define the roles and responsibilities of each body.
In 1977, the Suffolk County Department of Transportation was directed to develop an evacuation plan.
Its work culminated in the release of Suffolk County's " General Radiation Emergency Plan" that was approved by then-County Executive John Klein on August 30, 1978.
Additional NRC requirements in 1979, resulting from the Three Mile Island accident, prompted LILCO to begin discussions with private consulting firms to assist LILCO and Suffolk County in producing a more detailed and comprehensive plan.
Ultimately, LILCO and the County signed a contract on March 15, 1981 in which the Suffolk County Planning Department, under the direction of Dr.
Lee E. Koppelman, was to prepare the necessary offsite response plan.1/
The second clause of that contract states as follows:
1/
The Suffolk County Planning Department, rather than a pri-vate consulting firm, was chosen to produce the emergency plan, in part, because it was represented by the County as having the ability to prepare an emergency plan that would be the equiva-lent of any plan prepared by a private consultant.
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,. I Department (of Planning) represents that it
- -Jhk h1 read and is familiar with the applicable Fe eral Regulations...and that the Department believes it can develop a County Radiological Emergency Plan which complies with such require-ments.
Dr. Koppelman signed the contract for the County, and clause 5(a) of the contract identified him by name as the supervisor of all work that would be performed under the contract.2/
Through the remainder of 1981 and into 1982, the Suffolk County Department of Planning worked diligently on a plan.
Abruptly, on February 19, 1982, Dr. Koppelman wrote LILCO that the County could not accept LILCO funds for emergency planning because of an " apparent conflict of interest" but that the County would continue, "as required by law, to develop a plan consistent with the requirements of law and its obligation to protect the health, safety and welfare of the public."3/ On 4
February 20, 1982, Suffolk County Deputy Executive Frank Jones publicly announced the cancellation of the emergency planning contract with LILCO.
From that point forward, LILCO and the County embarked on separate offsite emergency planning efforts.
Beginning in the spring of 1982, Suffolk County used a team of private consultants to prepare a new emergency plan 2/
A copy of the contract between LILCO and Suffolk County is attached to this pleading (Attachment 1).
3/
'A copy of Dr. Koppelman's February 19, 1982 letter to Long Island Lighting Company is attached (Attachment 2).
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("the unty Plan") based on a 20-mile plume exposure pathway j[
EPZ.
nc County's planning effort was directed by a five-member Steering Committee headed by Mr. Jones and including Dr.
Koppelman.
The County Legislature held hearings on the County Plan in January 1983 and rejected it in February 1983, on the basis of a resolution finding that no radiological response plan could protect public health and safety.
See Suffolk Coun-ty Motion for Protective Order, attached County Res. No. 111-1983 at 5.
As the basis for its planning effort, LILCO chose to use the Plan, by then well underway, that had been suddenly abandoned by Suffolk County.
LILCO amended and completed the Plan, and submitted it to the State of New York Disaster Pre-paredness Commission on May 10, 1982 and again in the fall of 1982.4/
4/
This plan was never submitted to FEMA.
A hearing was scheduled for the December 8 for the entire DPC to consider the LILCO-submitted offsite plan and to determine whether to for-ward it to FEMA.
The County was invited to attend.
Rather than participate in the state administrative process, the Coun-ty sought and obtained a temporary order in New York State Court restraining the DPC's December 8 meeting.
The parties subsequently entered into a stipulation that provided that the DPC would refrain from further action on the LILCO-submitted plan until Suffolk County determined whether to accept its own draft plan then under development.
Subsequently, the Governor
'of New York appointed a Commission, still in existence, to study the emergency-planning situation at Shoreham, and in-structed the DPC not to act further on the LILCO-submitted plan.
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. T following year, having failed in its continuing ef-j[
forts tb enlist the County's cooperation, LILCO rewrote the plan abandoned by Suffolk County to provide for LILCO employ-ees, various outside organizations, and volunteers to implement the plan, and submitted it (along with LILCO-drafted plans using New York State, FEMA, and NRC personnel) for litigation as the LILCO Transition Plan.
II.
LIKELIHOOD THAT DEPOSITIONS WILL LEAD TO DISCOVERY OF ADMISSIBLE EVIDENCE On August 25, 1983, LILCO filed notices of deposition for Mr. Jones and Dr. Koppelman.
Each notice states LILCO's intent to question the deponent on matters relating to his involvement in the Suffolk County planning effort, and lists six areas in which LILCO has a special interest.
The areas are:
(1)
The aspects of radiological emergency re-sponse planning at Shoreham that led Suffolk County to the conclusion that it was infeasible, (2)
The basis on which and the process by which Suffolk County reached that conclusion, (3)
Dr. Koppelman's/Mr. Jones' views on the feasibility of radiological emergency re-sponse planning at Shoreham, (4)
Dr. Koppelman's/Mr. Jones' views on the role of the Suffolk County government in the event of a radiological emergency at Shoreham assuming that the LILCO Transition Plan is in effect, l
(5)
Suffolk County's emergency planning for non-radiological emergencies, e.g., hurri-canes and blizzards, and i
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Suffolk County's emergency planning for icf radiological emergencies at other nuclear facilities, e.g.,
Brookhaven National Labo-ratory and Northeast Utilities' Millstone Station.
As this Board noted in its recent decision to grant Suffolk County's motion to compel the production of Thomas E.
Potter and documents associated with the consequence analysis he performed for LILCO, "[t]he scope of discovery allowed by NRC rule is quite broad."
Memorandum and Order at 2 (August 30, 1983).
The operative language of 10 C.F.R. $ 2.740(b) is whether "the information sought appears reasonably calculated to lead to the discovery of admissible evidence."
The deposi-tions of Mr. Jones and Dr. Koppelman could clearly lead to the discovery of admissible evidence on each of the six areas listed in LILCO's deposition notices.
Each area is discussed in turn below.
A.
Relevance of the LILCO/Suffolk County Cooperative Planning Effort The genesis of the LILCO Transition Plan was the coopera-tive work of LILCO and Suffelk County during 1981 and early 1982.
Large portions of this original planning effort remain virtually unchanged either in concept or important detail in the LILCO Transition Plan now before this Board.5/
5/
The portions of the offsite plan that remain unchanged are outlined in the attached affidavit of Charles A. Daverio.
A partial list of these plan features include the early dismissal of schools, the definition of evacuation zones, the use of footnote continued i
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. 21 Accordi ly, contentions addressing such issues as evacuation
]{;
time estimates, boundaries of the 10-mile EPZ, communications, and public notification must necessarily focus on prior work performed by the Suffolk County Planning Department.
To pre-pare effectively for litigation, and to attempt to limit the
' facts that remain at issue, it is important that LILCO under-stand the bases for Suffolk County's criticism and rejection of this early planning effort which forms the base of the LILCO I
Transition Plan.
Dr. Koppelman and Mr. Jones are uniquely qualified to dis-cuss this early planning effort and Suffolk County's reason for discarding it.
Both were members of the Steering Committee re-sponsible for reviewing offsite emergency plans for Shoreham.
Mr. Jones chaired the Steering Committee and was the person who publicly announced the County's rescission of the offsite emer-gency planning contract.
As counsel for Suffolk County stated i
I during.a prehearing conference on Phase I emergency planning:
l "Mr. Jones is the only person who has actual facts and is Chairman of the Steering Committee of the County."
Tr. 770 (April 14, 1982).
Indeed, the Licensing Board ordered the dep-osition of Mr.-Jones on August 5, 1983 during the Phase I footnote continued siren and tone alerts to notify special facilities and the pub-lic, and the use of the Long Island Railroad to move hospital patients.
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litiga on, over the objection of Suffolk County.
If his testimohy was relevant to Phase I planning, then it is a l
fortiori relevant to Phase II offsite planning.
Dr. Koppelman communicated to LILCO the County's rescis-sion of the offsite emergency planning contract.
(See Attach-ment 2. )
He was the County official who negotiated the con-tract with LILCO and who was charged with preparing the Coun-ty's plan during the period of cooperation between the County and LILCO on emergency planning.
He supervised the work of two other County planners in this effort:
Robert C. Meunkle and Laura _Lynn Palmer.
In depositions taken during Phase I of emergency planning litigation, both Mr. Meunkle and Ms. Palmer expressed their opinion that the Planning Department had formulated an excellent plan.s/
Thus, it is important to de-termine whether Dr. Koppelman shared this view; whether this view was presented to the Steering Committee; and why, in light of the views of County planning experts, the plan was rejected by the County.
p/
Palmer Deposition Tr. at 81-82; Meunkle Deposition Tr. Ex-hibit 15 at 2.
Mr. Meunkle and Ms. Palmer were deposed by agreement of the parties after LILCO filed motions for subpeonas of Messrs. Jones and Meunkle and Ms. Palmer, and the Board granted the Jones subpeona.
If the testimony of these subordinates of Dr. Koppelman was relevant to the planning is-sues of Phase I, then the testimony of their superior is rele-vant to the offsite planning issues of Phase II.
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S folk County's suggestion that this Board's Order 96 Limiting Scope of Submissions, dated June 10, 1983, excludes inquiry into the jcint LILCO/Suffolk County effort is without 4
i merit.
That Order addresses the five alternatives contained in the emergency plan presented to the Board by LILCO.
The Board's decision that at this juncture only the LILCO Transi-tion Plan will be litigated was never intended to foreclose in-quiries into the factual bases for that plan.
Since the work directed by Dr. Koppelman, and reviewed by Mr. Jones, produced a large part of the factual material contained in the Transi-l tion Plan, inquiries about that work could clearly " lead to the discovery of admissible evidence."2/
B.
Relevance of Suffolk County Plan Inquiries about Suffolk County's independent planning ef-fort that produced the November, 1982 draft County Plan are also " reasonably calculated to lead to the discovery of admis-sible evidence."
The County Plan is fundamentally different from the LILCO Transition Plan, in that it is based on the use l-j of a 20-mile EPZ, rather than the 10-mile zone used in the LILCO Plan.
However, since the County Plan encompasses the 2/
Contrary to Suffolk County's characterizations, LILCO is not attempting to litigate the earlier Suffolk County plan.
I LILCO seeks to examine (1) the factual predicates affecting the
. LILCO Transition Plan and (2) the opinions of qualified County officials who in 1981-82 felt that emergency planning in accor-dance with NRC regulations was possible.
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, kh lO-mil one used in the LILCO Transition Plan, individual details'.of that plan necessarily include planning for a 10-mile EPZ and, therefore, are relevant to assessing the adequacy of the LILCO plan.
i For example, the recent deposition of Police Inspector Joseph L. Monteith revealed that the Fourth, Fifth and Sixth Precincts of the Suffolk County Police Department had been required, as part of the effort to produce the County Plan, to identify necessary traffic control points within the 20-mile EPZ and the number of police officers needed to man each post.
Deposition of Joseph L. Monteith at 52-3.
This information is relevant to contentions concerning LILCO's Transition Plan since Inspector Monteith also testified that one of his con-i cerns about the LILCO Transition Plan was that the plan had not provided enough traffic posts and guides.
Deposition of Joseph L. Monteith at 64.
This opinion can be tested by comparing the information gathered during the County planning effort with l
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that presented in the LILCO Plan.
Thus, this information on
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traffic control posts could be admissible evidence in assessing the LILCO Transition Plan.
Unfortunately, LILCO can only speculate as to similar fac-tual-information that may be relevant to the LILCO Transition Plan, because the County has refused in interrogatories to pro-vide any information on its planning effort.
The depositions of Mr. Jones and Dr. Koppelman, who were aware of all facets of l
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the Coggty's planning effort, will provide LILCO with this ihh F
necessary discovery.8/
In addition, the Suffolk County Legis-lature's rejection of County Plan, and its conclusion that emergency planning is impossible for Shoreham, has a direct bearing on many contentions raised in this proceeding.
Deposing Mr. Jones and Dr. Koppelman will provide LILCO with information regarding the basis for the County's actions.
C.
Relevance of Suffolk County Actions If Tran$1 tion Plan Is Accepted In item (4) of the Notices of Deposition, LILCO states that it plans to inquire into the future actions of the Suffolk County government should the LILCO Transition Plan become ef-fective.
In its June 29, 1983 discovery requests, LILCO asked Suffolk County the following questions:
103. If emergency planning is deemed by the NRC to be possible for Long Island and a plan is approved by the NRC, will Suffolk County or any of Suffolk County's officials take action tc prohibit county employees from responding in an emergency other than by' appealing the NRC's decision to the courts?
104. If emergency planning is deemed by the NRC to be possible and a plan is approved by the NRC, will the County adopt regulations, ordinances, or provide LILCO with a permit to conduct any of the activities necessary to execute the emergency plan which the County, in its contentions, has classified as illegal?
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As was previously noted, see n.6 supra, LILCO does not seek to litigate the County's draft plan.
Rather, LILCO seeks only to discover information which may prove useful in evaluating the LILCO Plan.
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t The Coq ty responded as follows:
if This question is objectionable because it calls for speculation rather than for data relevant to whether the LILCO offsite plan meets NRC regula-tory requirements.
Indeed, the question talks only in general terms about whether " planning is deemed...to be possible" and if "a plan is approved by the NRC..."
The County cannot de-scribe what action (s) might be taken by a gov-ernment when and if speculative future events take place.
If events ~take place in the future, the County gcVernment will evaluate the events and take action (s) which are agreed to be appro-priate in light of the events which in fact occur.
We, of course, do not know what actions might be taken until those events occur.
This question also is objectionable for the further i
reason that it does not pertain to the adequacy of the LILCO offsite plan which is the focus of the instant proceeding.
See also Resolutions 262-1982, 456-1982, 457-1982, and 111-1983 which prohibit County involvement in implementing or adopting any plan other than one approved by the Legislature.
Further, the County cannot speculate whether it will or it will not adopt any " regulations, or-dinances or provide LILCO with a permit to con-duct any of the activities necessary to execute i
the emergency plan which the County, in its con-tentions, has classified as illegal."
The Coun-i ty, as a party in this proceeding, cannot possibly predict what action (s) its Legislature or executive agencies might take if LILCO. asked for permits, etc.
The County now argues that "[t]here is no factual dispute on that issue."
Id. at 5 (emphasis in original).
As support, the County.has pointed to County Resolutions 456-1982 and 111-1983, and has stated that:
1
. These resolutions constitute County law:
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the County will not train for or respond to a Shorehan emergency.
That law is binding conclusively upon the County and its em-ployees.
Motion for Protective Order at 4.
To the contrary, the purpose for LILCO's inquiries is the belief that significant factual issues exist regarding the re-sponse of County employees if an emergency should occur. For LILCO behavioral experts Dr. Russell R. Dynes and Dr. Dennis S.
Mileti have' testified that a number of police would respond during a radiological emergency, regardless of the legal imped-iments raised by the County.
In addition, the intentions of Mr. Jones, Dr. Koppelman, or any other high-ranking suffolk County official to order Suffolk County employees to take part in the emergency response (or refrain from participating) should an accident occur is relevant to the possible public
. perception of and reaction to any accident at Shoreham.
Ac-cordingly, inquiries in these areas could lead to the discovery of admissible evidence.
D.
Relevance of Other Suffolk County Emergency Plans Finally, in items (5) and (6), LILCO seeks to question Mr.
Jones and Dr. Koppelman on Suffolk County's emergency planning for nonradiological emergencies, and for radiological emergencies at other nuclear facilities such as Brookhaven Na-tional Laboratory and the Millstone Station.
In response, the County has argued that information on these matters is
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. p irrelev nt to this proceeding, since that planning involves the j;
County't rather than LILCO's planning.9/ The County made this argument before in this proceeding, and it was rejected by the Licensing Board in Phase I,.where the Board explicitly ordered the County to produce documents related to County planning for non-radiological emergencies and emergencies at other nuclear facilities in the vicinity.
Board Order of July 27, 1982 at 24-25.
It is therefore improper for Suffolk County to assert this argument in Phase II discovery.
Information regarding nonradiological emergency plans has a direct relationship to issues being litigated in this pro-ceeding.
Those plans may include evacuation procedures that require traffic control, communications, and command and con-trol functions.
Information about the specifics of these plans and the assumptions underlying them can be used to test the consistency of the County's position regarding a radiological emergency at Shoreham.
Similarly, the County's planning for radiological emergencies at Brookhaven and Millstone may estab-lish inconsistencies with the County's views on radiological emergency planning for Shoreham.
Hence, inquiry into existing 9/
The County goes so far as to suggest that if LILCO views the County's emergency plans as relevant, then it has an obli-i gation to submit contentions on them.
Motion for Protective Order at 6.
This argument is without basis in NRC law.
The regulatory section that discusses the need to file contentions, i 2.714, relates to them as a component of intervention peti-tions in licensing proceedings and clearly does not apply to an applicant.
. County mergency plans can lead to the discovery of admissible api; evidence.
III. RELIEF For the reasons stated above, LILCO moves this Board to deny Suffolk County's Motion for a Protective Order and to re-quire the County to make Mr. Frank Jones and Dr. Lee Koppelman available for deposition.
Respectfully submitted, LONG ISLAND LIGHTING COMPANY Do'nald g. Irwin Lee B.
Zeugin Kathy E. B. McCleckey Hunton & Williams Post Office Box 1535 Richmond, Virginia 23212 DATED:
September 19, 1983
i f3 LILCO, September 19, 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 Suffolk County's Motion for A Protective Order were served this date upon the following by first-class mail, postage prepaid, or (as indicated by one asterisk) by hand, or (as indicated by two asterisks) by Federal Express.
James A.
Laurenson,*
Secretary of the Commission Chairman U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing East-West Tower, Rm. 402A Appeal Board Panel 4350 East-West Hwy.
U.S. Nuclear Regulatory Bethesda, MD 20814 Commission Washington, D.C.
20555 Dr. Jerry R. Kline*
Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East-West Tower, Rm. 427 Washington, D.C.
20555 4350 East-West Hwy.
Bethesda, MD 20814 Bernard M. Bordenick, Esq.*
David A. Repka, Esq.
Mr. Frederick J. Shon*
Edwin J. Reis, Esq.
Atomic Safety and Licensing U.
S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory 7735 Old Georgetown Road Commission (to mailroom)
East-West Tower, Rm. 430 Bethesda, MD 20814 4350 East-West Hwy.
Bethesda, MD 20814
17-Eleanor L. Frucci, Esq.*
Stewart M. Glass, Esq.**
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Attorn@
Regional Counsel Atomic Bafety and~ Licensing Federal Emergency Management
{
Board Panel Agency
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U.
S. Nuclear Regulatory 26 Federal Plaza, Room 1349 i
Commission New York, New York 10278 East-West Tower, North Tower 4350 East-West Highway Stephen B. Latham, Esq.**
Bethesda,.MD 20814 Twomey, Latham & Shea 33 West Second Street David J. Gilmartin, Esq.
P.O. Box 398 Attn:
Patricia A. Dempsey, Esq. Riverhead, New York 11901 4
County Attorney Suffolk County Department Ralph Shapiro, Esq.**
of Law Cammer & Shapiro, P.C.
Veterans Memorial Highway 9 East 40th Street Hauppauge, New York 11787 New York, New York 10016 i
Herbert H. Brown, Esq.*
James Dougherty, Esq.*
Lawrence Coe Lanpher, Esq.
3045 Porter Street Christopher McMurray, Esq.
Washington, D.C.
20008 Kirkpatrick, Lockhart, Hill Christopher & Phillips Howard L. Blau 8th Floor 217 Newbridge Road 1900 M Street, N.W.
Hicksville, New York 11801 Washington, D.C.
20036 Jonathan D. Feinberg, Esq.
Mr. Marc W. Goldsmith New York State Energy Research Group Department of Public Service 4001-Totten Pond Road Three Empire State Plaza Waltham, Massachusetts 02154 Albany, New York 12223 MHB Technical Associates Spence W. Perry, E.g.**
1723 Hamilton Avenue
. Associate General Counsel Federal Emergency Management Suite K 95125 Agency San Jose, California 500 C Street, S.W.
Mr. Jay Dunkleberger Room 840 New York State Energy Office Washington, D.C.
20472 Agency Building 2 Empire State Plaza Albany, New York 12223 4
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. Ms. NorA Bredes Y,i Executi Coordinator Shoreha Opponents' Coalition 195 East Main Street Smithtown, New York 11787 AE/
Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED:
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T TE15 ACRECtENT as estered inte as of this l day of$syl = b e 1981 3
j by and between the Long Island Lignties Company (kereissaf ter referred to as "LILC0") and the County of Soffolk, estias threesh its Department of Plannlag (hereinafter referred to as the " DEPARTMENT").
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WIT 1tESSEtX THAT:
URERLtS. L!LCO desires to ester inte a centract with the DEPART 1C T to reader certsia technical and professional services hereinafter described.
siki.THERUORE.thepartiesheretodeoutuallyagreeasfolleve:
1.
Empleveent of Centracter.
LILCO hereby agrees to engage the DEFAtttEXT and the DEPARDtENT hereby agrees to perform the services hereia-
,after set forth. The relattenship of the parties herete shall be hat of cliest and independent'sentrasters neither the DEFAtttENT ser any perses hired by the DDARDtINT shall be considered employees of LILCO for any (1'
purgese.
e 2.
See,* ef Services.
The DEFAtttEIT shall prepare a Covaty Radio-
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logical Energency Response Plan, as required by, Federal Regulattens te effect en the date of this Agreement for the Lit.C0 Shorehea "eclest Fever Staties.
Said Flaa shall be prepared in accordance with the description contained La slause 3 " Work Statement". The DEPART 3EST represents that it has read and is familiar with the applicable Federal Regulations set forth in Eskibit B attached herete and that the DEFAtttENT believes it cas develop a County Radielegical Emergency Response Flas which campf tes with such regulattene.
If reviatops to the sferesaid Federst Regulatteng sh.s11 be esJe Juring the perted of this Agressent, calling for ebsn,es la the acere of s=rk, th a the provistens of clause 10 "Changas is seepe" of this Agrees.*nt e'u11 Jeply.
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3.
The DEramTMorf ehe11 perfere the. activities Jew ribed la the a.
SCOPE OF WRK appended hereto as tahibit A.
b.
The DLrARutENT shall confers t.e the FeJeral. Sesv1Jcices sad
- stJelinee 1tated in Exhibit 3. appended herets, la the farmattua of votputs of.astivities Jesertbed en Eshlbit A.
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Wherever specialised tschelsal and scientifle ineues are
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Y assessa the DEPMG? TENT will retais, af ter sees 1tation with LILC0, the, services I appropriate espects, at the DDART' TENT's empense.
4 Time of performance.
The DDARTMENT will seke every affert to semplete,the tasks
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~ listed la Eskihit A withia 6 mestas from the date of executies of this Agreement, subject to the timely response by yederal and State agencies to req 6ests for informaties, and the claaly receipt of yederal and State s
concurresses with the draf t and final Emergency Radielegical Response plans.
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Za the evest the DDAt! MENT fails,te reselve timely response frea rederal and State agencies to regnests for Laformaties, the DEPARIMENT shall promptly actify LZLCO in writtag of such failare.
b.
The DDARIMENT will issue monthly progress reports, and distribute them to LZLCO, the Nuclear Regulate 7 Csamission, the yederal EmersancWgenaet Agesey, the New Terk State Departneat of Nealth, the Suffelk County Legislature, and other lavelved and interested agencies as specified by LILCO and agreed to by the DDAE! MINT. The D DA2: MENT agrees to provide LILCD with reaseeable access to all memoranda, serrespeedesse, i
professional qualificaties records of employees perferning under the contract, papers, reports, studies and stailar documents prepared by or obtained by the DDAATMENT is ceanecties with the performance of its obligatises under this centract. LILCD 'shall give the DDAt: MINT 7 days' notice of its ist&s=
ties se emersise its rights under this paragraph.
S.
Sueervt s f o.t and personnel.
s.
All work performed bythe DUA& MINT shall be under the direct
- supervistas of Lee E. Esppelana.
b.
The D DA1 M4. represents that it has, or will secure at its ews expense, all personnel required to perform the services esvered by this Agreement. Such personnel shall set be employees ef, or have any contractual relatieaship with, LILCD.
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Ceesensation*
LILCO agrees to reimburas the DEPARTMENT on a t
fixed price basis; total es=pensaties shau be TkV RTEDRED AND 70ETT-TIVE TEOUgAND ($245,000.00) 00LuR3 for the services described La slause 3 "Herk Statement" of this Agreenest asless this Agreement is amended as provided hereia. The DDARDENT shall be sectessated according to the following payeeet schedules
$130,000.00 se esecuties of this Agreemenet
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3alasse em Coupleties.
7.
Wendiscriair$ ties.
h Dginwr1T shall est discriminate, directly or indirectly, es the grounds of rass, seier, religies, ses, age, natiemal origia, or physisal headisap in.its employsaat practices related to this Agreenest. The DDA32 SET shah take affirmative steps to ensure that ar;Measts are employed and employees are treated during employeest without regard to rase, celer, religies, sea, age, or satiemal origia.
8.
Interest of contracter.
N D a ar mr1T represents that it O
presently has se interest and v1H est acquire any interest, direct er
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indirect, whiah would.seaflict fa any zaaner er degree with the performance The DUARTG3T of services required to be performed under this Agreement.
further represeats that, is the performasse of this Agreement, as perses having any such interest shan be esplayed.
9.
Title of presortv.
Title to property acquired under this Agreeseet vests with the DDARttENT.
10.
Chanees to Scese.
.If during the period of this Agressent, any change is the relevant Tederal regulations sanses as increase er decrease in the DDAROGNT's cost et, or the time required for, the performaase of any part of the work under this Agreeenst, as eguitable adjusteest shah No sharge be ande and this Agreement modified la writisg accordiagly.
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. shall be ande to LILCD for any chasse er tacrease la the enligations o
't the DEFAJLD'.ENT requiring astra work under this Agressent, unless the parties esecute such as Agreesent specifying the work to be dose thereunder and the Disputes over such as adjustseat shall*be resolved as provided cost thereef.
in clause 11 *1amedies" of this Agreemest.
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- 11. Resedtes.
1 bis Agreement shall be interpreted secordios to to the lave of the ' State of e-a iork. All claims, sounter-claims, disputes and ether setters ta questies between LILCO and the DDARDICIT aristag out of er relattag to this Agreesent er the breach thereof shall be deelded by arbitraties la seterdance with the' rules for esamercial disputes of the Amerissa Arbitraties Assestaties ta the City of Eow York. The parties
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herete agree that the deternisaties of said arbitraties shall be final and blading upon the parties herete and that a judgment en said award any be entered as a judgment of record la the Supreme Court of the State e!
- New Terk. The fees and espeeses of thsarkiters shall be herme equally by the parties. Claims and disputes shall be defined as any fetual writtes senplaint which remains unresolved between the parties after resseeable efforts to resolve such satters have failed.
II VItfE55 VIIRECT. LZ1CO and the COUNTY have executed this Agressent
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as of the date first above written.
a APPROVED m IS w n u m Carauf E. M. BARRETT 6
GEN L COUN Br S '1"?
De+e i t'
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fV Byt Matthew C. Cerdare. Vice-President SUFFOLE COUTIT DDARTMENT OF FLAE."ING
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Tee E. seppelmaa. DirWter COUNTT OF SUFFOLE AFF1t0VED AS TO FORK,
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EDI RIVIEVED AS TO Ex!CUTION Sys L..
fisha C. Ca11ather
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Chief Deputy Couary EseWetive Alf red lacksqn, Jr.
3/X/jf Deputy County Attetnef
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STATE OF M Y0kK) 4,s COGMTT OF XAS
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- day.eth's$ 191, before se personally same On this 1
MATTMEW C. CORDARC, to me known, and knows to es to be the persee described, is med who esecuted the foregeles instrueemt sa Vice-Fresident of, the 103C ISIxt3 LICMTING COMPANT, and he duly acknowledged to me that he esecwted,the same.
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CMINIT OF SUFFOLK)
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LEE E. KOFFELw.AJt, to me knows, who being by as duly sworn did depose and say: That he resides at Suffolk County, New Terkt that he is the Director of the SUff0LE CCCNTT Dr.FARTMENT OF FLAX 523C described herois, and which executed the above instrument, and that it was asessted by k(,
orderofthee,andthathesignedhisassethereteby1[heorder.
i mL Notary Pub ta,suas eseart PJa#.m:s W see NE st M48Wel8 Wasee:a sunre e,any:
STAIt or stk' TORE)
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. e JOHN C. CALLWMER, to me known, who belag by se duly sworn did depose and say: That he resides at Suffolk Ceuary, New Terkt that he is the Chief Deputy County Executive of Suffolk Ceaety, and that he exeented the withis instrument, and that he signed his name therete by order of the County Esecutive of Suffolk Co.inty.
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The properaties of the County Radielegical gsergency Response Plaa seasiats of staa phases.
In carry 1st out the sine phases, the Suffolk County Depart = eat of planning (the DgpAATm3T) will provide everall sasagement and technical direc~
ties and will be responsible for preparing desument draft input (et modifita-tiens to existias' documents). typias peittias, and distributies.
In the de-velopment and effettuaties of the gaargeasy Radielegical Basponse plan. the
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DgpAAT:iENT any utilise and employ the ressessible County agencies and Depart-nests to the assinua degree possible.
The work already performed by LILCO, Snifolk Ceuary emergency planning orgaatsstions, the State of New Terk. and other New Terk sounties surrounding operating anclear plants La New York State will be utilised to the fallest estaat practisabla.
gach phase and its===ad ated tasks is discussed belevt phase ! - Assess Suffolk Ceverv Esertenev Fiannine Weeds
' The purpose of this phase is to review and assess the present statue of the Couary emergency preparedassa program and to make ressameadations for a de-
' sailed program sesceraias schedules for both the County Rad 1G1sgical g=argency Response plea and its laplomaatias procedures. Based spea the results of this analysis. Suffelk Couary would have clear understanding of how best to asesa=
plish its emergency plannias respeasibilities and seuld add to or modify the further phases and tasks described bolser. The oposific tasks to be perfsrmed fellow.
Task No. 1 Review and' evaluate existing suffolk Couary plass and procedures and determine the level of effort needed to bring them inte compliance with existing regula.
tiens.
Develop a schedule and as acties plas that ueuld accesplish this.
Task Me. 2
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Review esisting evsevattee plans, evacuatica time estimates and public notifica-l ties /cosunuaicatisa systems with these parties involved. Dvvelop a detailed program for upgrading er developing these plans and systems la order to meet I
existing requiraseets.
t ;t No. 3 Evaluate Suffelk County's independast saviron eatal radielegical assitoring capabilities and determine steps necessary to bring this capability up to the level required by Suffolk County to ases applicable yederal and State require-This task shall be coordinated with other work in this area done by sants.
l LZ1CO and New York Stata.
Methods and equipment required to perform radio-logical assessseats to a degree desired by County officials is order to meet l
applicable lave and regulations will be determined.
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Task No. &
prepare a needs sealysis report which would address each aspect of Tasks 1=33 develop a detailed recensended approach to meet these needs and provide a re=
fined schedule for both the plaa and its respective impleasating procedures.
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~4 phase !!yDevelsenant of Draft Suffolk Ceasev Radioletical Enereeney Reseense Plans The purpose of this phase would be to develop a County RERP that incorporates all accessary tafernaties and which is suitable for review by all appropriate a,seecies. The specific tasha te be perferned follow.
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Jask so. 1 perform as le-depth review of participating Cavety goverement organisations and their asisting radielegical esorgency respesse plass.
Task No. 2 Identify Cesary agencies involved La energency planning, define the autherisa-ties and responsibilities of these aseaties, and identify the cegaisaat ia-dividuals withis each ageasy.
Establish technical and annagerial liaises with the responsible individuals la the Couary preparedness agency. LILCO, New York State, the Nuclear Angula.
tary Ceemissies, and the Tederal georgency Management Asemey.
Task No. 3 The DEFAATMENT will coeduct familiarisaties asetings with the cegaisant Ladi-viduals La the County emergency preparedness agencies. Se DEFAATMEhT will provide guidance and background conceratag the role and contributies of each agency is the energency planning process, ans recessend seasures which will j result La the meet efficient p1===f me activity.
I T'sk No. &
O f
Identify 4 list of available Ceuary resources se that the everall energency
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plaa vill sake naziam use of these resources. Se DEPARTMENT will develop checklists and prepara discussies ageada to ensure that the faitial survey infersation is ehtalaed La as orderly fashios, la properly dec weated, and is (complete. These discusstees will help deteraise assignment of various respees:
bilities to applicable energesey preparedness agencies and will aise provide as effective forzat for identifying special energency planaits situations and/or i
prehless.
Task No. S i
l Manage the 3ERP developseet effort. The DEPARTMEff will identify Ladividual agency tasks, responsibilities and interfa' ces to ensure sa=h coordinaties and te facilitate the preparaties of the draft plan.
The anscuties of Task No. 3 will require the sempletion of the following S4-tasks.
Subtask Wo. S.1 s
Building es the work deae is phase 1 Task 3, these agencies er organisations I
having some radiological assess::ent rela during the energency will be identifts and their responsibilities will be delisested. Discussions will be held with the Departneat of Energy Regianal Coordinattag Office to deterniae their assis*
tance role. The specifications, procurement and tastallaties of this equipeest is set included as part of this. program.
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Review the esisting or proposed ce=munications *setwork between the responsible Federal agencies. State and local officials. LILCD and field survey teams to ensure that the systes is effective and reliable.
Suktask Wo.'S.3 Review and outline existing developeant of as early warning systes for the general public. Individuals responsible for asistaisias and actuating this system will be identified and their specific roles will be determined. Twenty-four (24) hour per day operatismal sapability of the eyetes shall be a prograa requirement.
Suhtask No. 3.4 Incorporate into the Couary REIP the emergency acties levels developed for the Shoreham Nuclear power Station is accordasse with stragG-0610.
Subtesk No. 3.5 Iscarporate the prepared evacuaties plass and assestated time estiastes into the Co mty Plan.
Task Wo. g This task will be perferned is parallel with Task so. 3. and will aseprise the lte11stingsehtasks:
Sehtssk Wo. g.1
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evacuaties. The fellowing protective action response options will be developed
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- Initial Frecautionary Operations (i.e., institution of road blocks ets.)
- Selective Ivacancies
- Selective Sheltering
- Ceaeral Sheltering
- Radfeprotective Drug Administraties
= Isolation of Ingestion Fachways and Searses
+
l 54 eask Wo. 4.2 Se emergency planning needs for special facilities and/or problems will be addressed is this euhtask along with the developesat of preliminary approaches for dealing with them.- Facilities having special emergency plaasing needs and/
er prehless include, but are met limited to, the followings
- Respitals
- Emesing/Retiressag Weens
- Jalls
- Escreational Areas n
- Airports
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Task so. 7 l
Prepare and issue the draf t RZ27 for Licensee. State and local agency review and comment. This A13F shall emphasise proper and effective coordinaties be=
tween the responsible emergency preparedness agencies. All authorities and responsiblities, as deternised in Task so. 2. will be clearly delinesced in the plans.
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Phase 115 Preparation of Final Emereenew Resoonse Plan oe jeLe of us,ha
..e.u,e t. us.ute.e e.orge..y,m,or sub-missica to the Fuclear Regulatory Ces=1ssies sad to the Federal smergency Manas meat Agency. Se h11 ewing taks.will be sempleted durias this phase.
Tisk we. 1 Conduct asetings with the reopensible Comty emergency plaasing officials, the Licensee, sad New York State offietals to discuss their -ets on the draf t plas' and ta secure assies, where assessary, to resolve entstandias esaceras.
Task No. 2 Cather tapets and other informaties from County and State plaenias representa-tives and the 11aessee as mesessary to resolve outstandias differesses.
Task No. 3 Finalise the County and State emergesey plass by incorporating the infetaaties developed la Task No. 2.
De 3sFAactif will print and distrhte the final-ised plans to all partsee.
iTash Me. &
Caiacident with Task No.1 abere, the DEFAIDtLYr and the segnisent energener planaias agencies will finalise the develepasst of plans.for the previously identified special energency plamains situations and/or solutions to problees.
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- Caerdinate final plas siga.eff emetings, print and distribute final plans te the licensee, State and local asescies and other organisations as designated by
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the Comty.
Phase TT - Assist is Obtainint Federal Atency Staff concurrence Uith E=ertence 2.LME.
De objective of this phase is to confer with the reviewing Federal agency staffe to discuss their tecnests and to develop a program for obtalaing agency sescurrence with the plass developed in Phases I through III.
Tast no 3 Participate la meetings with the NEC. 7DfA, DOT and other responsible ageasy staffs to discuss the plass and, to the estaat possible, resolve esamissies and assacy conseras.
Task Wo. 2 Discuss agency coerents with the Ceuary and State energency planaias representa-tives and the Licensee to develop a program to resolve outstanding differences.
Phase ? - Trensration of RIRF Testementint Precedures
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ne objective of this phase is to develop detailed implementing procedures for the Centy Radiological Emergency Response Plan.
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cy, g5 Developfa listing of all me,cessary 1splenecting precedurew for the Cevnty ienergenly response plan. Amy available local specific operating procedures Iv111 he mailised to the samf ave extent feasible.
l ITask No. 2 I
Bold discussions with the Comty energency pleasing organisations to ensure g that they are fully aware of the latest Tederal requirements for preparing
[ planosting precedure in cooperaties with Couary energency pla==f ag esordinators satisfactory implemencias precedures. Develop detailed est11aes for each in-h
.as so. 3 i
The DDAR1HENT will prepare drafts of the Laplenesting procedures and distrib.
ip ste them to the respective agencies for review and approval.
9 l Task No. 4 4
' Coordinate conaests from the agascies and prepare final drafts of the prese-
>deres.
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. Task No. 5 l The DDAJtOEf7 will assist the Couary agencies in meetings held with the NEC, yDfA. New Terk State, er other reviewing agencies as necessary to obtain final approval of the proceestes.
Phase TT - Weeifiestion System Teteeration C
!a aseperation with 1,ILCD and work Wish LILCO contracted to as indepensent
- censultaat experienced is site evaluaties systes design and systen specifica-
" ties, the DDARTMDff shall deteraise the resources, both adstaistrative and 7
l physical. that are required to comply with the NBC 15-eimate DZ actificaties
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> regulation and assist is review of the preparaties of specification and pro-
. cu eanst of the necessary hardware. Installation and test procedures would j' aise be developed upea selecties of a vender. Actual installaties would be j accesplished by others.
Task so. 1 Review survey of the 10-eile 21 incinding desegraphis, tspegraphic and geo-
. graphic considerations that deternise the characteristics of the required
- . varning/netification system. Also, review the evelvation of existing notifiam-l l' ties capabilities such as town and village fire departseat sireas.
i lTaskMe.2 i
The DDARn2NT will work jointly with LILCD tot
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select the sofification systes(s) that will be utiliaeds I
- 11. review list of cosaarciaily available equipment and vender selection /
qualifications and 111. develop systee festallaties med test procedures.
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Tash We,1 - Define prestaa Seest Duttag this task, the detailed scope and seatest of the public educaties infer-estica program will be identified af ter eensultation with and seneurrence by LILgo. Verk templeted or is progrees by ULCO shall aise be reviewed and eval-mated. saamples of items dish will be addressed include
- brief factual informaties sa radiation seurses for additismal informaties during emergency (i.e., Emergencyr Broadcasting System)
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- guidasse se respiratory protesties
- protective acties respesse options susk as shelterias and eveematina
- emergency response plasming areas (map)
- evacuaties rautas (esp)
- reesptism seater assignment and loesties
- provisions for identify 1st trassit septives and these ladividuals requirias special handling who live la private residences
= issessies espesure safeguards
- what plans and properations sea be made nos
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- things to take during evacuaties (shocklist)
- motificaties or alerting systen details (airess, eta.)
- method for setifying authorities that residents kava lef t their bemas (varification/confirmaties)
Task No.' 2 - Method of Ms..-N. 4-.
l Dettag this task, the seams of disseminacias the inforestion to the public will j be developed and supported by detailed precedures formulated jointly by the DgFARTMENT and LZLCD. These ancheds seuld imeludet 3
- regional inferistism easters
- periodic informaties is utility bills
- public servise anseuacements (radio and TF)
- ads is periodicals (local sevepapers and magasines)
- pesting is public areas
- pamphlets distributed sa a partedia basis
- information in the telephone boek
- distributies to scheel childres/FTA seeslage
- lesal government /cos=wity meettags
- telepheme information service Task Wo. 3 - preeres Tastementation During this task, the program will be implemented via procedures Lacorperattag details developed in Tasks No.1 and 1.
phase TTTI - Testimental Services At the request of Suffolk Ceuary or appropriata Federal er State ageocies having jurisdicties er supervisies ever E=argency Respesse F1sas, the DEPARTES will provide expert witness testisesy before local, State and/or Federal regola tory agency boards esoterning all emerseecy planaias work perfereed by the DEFAR11GNT.
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Cuideline Deeveents All finalised plane and precedures will be developed te meet WRC. FT."A. EFA and any other applicable regulatory te@iremente is effect at the date of the execu ties of this Agreement. It is the ',stention of the DEFAR6fDff therefore. to ut111:e the fellowies criteria as the basic guideline docuamats for the develop w t of the appropriate plans and taplanesting procedures.
s.
3U3E0-4396 "Flassing lasts for the Develernest of State and Local Covernment Radio-logical Energency Response Flaas la Support of Light water Nuclear Power Plants" Basseber,1978 b.
NBRIS-0610
" Draft Emergency Asties Level Guidelines for Esslear Fewer Flames" September. 1979 s.
IFA-320/1-73-001
%msel of Protective Acties Caides and Protective Astiens for Buslear Imeidents" September.1973 d.
IS CFR 30. Appendia E Q
"Eamegascy Flass for Freducties and Utilisaties Tacilities" e
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EDIEG-0654. FEMA-IIF-1 Eev. 1
" criteria for Freparation and tvaluation of Radiological Emergency Easpossa Flens and F:sparedness im Support of Nuclear Fever Flaats" e
Noveder.1980.
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CCUNTY @F CUFFELK.
Attachmant 2 O'4 g
R DEPARTMENT OF PLANNING e E.EE.
9PCLMAN L
evoa. w mmene
. February 19. 1902 I
s Long Island Lighting Company.
Executive Offices
.250 Old Country Esad Mineola. New York 11501
.Re: Radiological,Eme'rgency Response Flaa Centlemen:
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We wish to inform you that based on current evaluation we believe an apparent conflict of interest exists in' accepting your funds for the preparation of the County's Radiological Emergency Response Plan. Accordingly, we will return the 'funda you advanced and will act call for any further funds.
The County will continue. as required by law, to develop a plan consistent with the requirements of law and its obligation to protect the health, safety, and welfare of the people.
Very truly yours,
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Lee E. Koppolcas DirectorofPlann,.J'a LEKrej
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LILCO, 8:ptember 19, 1983 UNITED STATES OF AMBRICA gg:
)b WUCLBAR REGU.LATORY CONNISSION Before theLAtomic Safety and Licensing Noard
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In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322 (OL)-3
)
(Emergency planning Proceeding)
(Shoreham Nuclear Power Station, )
Unit 1)
)
AFFIDAVIT OF CHARLES A._DAVERIO 1.
My name is Charles A. Daverie.
I am Supervisor, Emer-gency Planning and Regulatory Services, in the Nuclear Operations Support Department of the Long Island Lighting Con-pany (LILCO).
2.
From about January 1980 until the spring of 1982, I was chairman of LILCO's Baergency Planning Task Force.
In this capacity, I talked by telephone and met frequently with Robert C. Neunkle and Laura Palmer, of the suffolk County Department of Transportation and, subsequently, the suffolk County Plan-4 ning Department, to discuse both Suffolk County's and LILCO's emergency plans.
I also set with Lee E. Koppelman, Suffolk County Director of Planning, to discuss Suffolk County's plan.
3.
In preparing the LILCO Transition offsite emergency plan', LILCO relied directly on certain of the County planning efforts.
For example:
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. 1)
Evacuation Iones:
The map of evacuation sones
,y (Figure 3 i hypendia A of the County plan), developed by suffolk County, was used by L1LCO in developing its protective action recommendations.
2)
Proast Notificatio_n_Eystems The concept of the use of sirens and tone alerts for public notification came from the original County plan.
The placement of the sirens by LILCO was influenced by the County evacuation sone map (Figure 3 mentioned above).
The original list of facil.ities thet woes to receive tone alerts was developed by the Buffolk County plan-nors, and was used by LILCO in distributing tone alerts.
~3)
Schools.
The concept of early dismissal of school children during an emergency to snable families to leave to=
gather, rather than evacuating children directly from schools to relocation centers, was taken from the County plan.
4)
Ligg.
The concept of using the Long Island Rail-road to evacuate hospital patients was taken from the County plan.
5)
Hospitals.
The assignment of certain hospitals for use in relocating hospital patients evacuated from the emergency planning sons was taken from the County plan.
e 1.
3 6)
Bus Transfat Points.
The concept of using bus transfer po ts, and the specific location of those points, were taken from the County plan.
W Charleis A. Deverio Subscribed and swptn to before se thi day of J e f /9 /9AS.
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