ML20080B432
| ML20080B432 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 01/25/1984 |
| From: | Speck S Federal Emergency Management Agency |
| To: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20080B421 | List: |
| References | |
| NUDOCS 8402070134 | |
| Download: ML20080B432 (4) | |
Text
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J44.IE 'N 13: 32 FEW:. W,:iEH TEL CT: I P.02
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Federal Emergency Management Agency q
Washington, D.C. 20472 January 25, 1984 Mr. William J. Dircks Executive Director for Operations Nuclear Regulatory Cor:anission We:hington, D. C.
20555
Dear Mr. Dircks:
Civen the recent interpretation of Governor Cuomo on behalf of New York State as to the legal authority of Lilco to implement its emergency plan; should TEMA continue, modify or terminate the NRC requested review of the Lilco Plan't Sincerely, lamuel W. Speck l
!LasociateDirector l
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STATE or Ncw YORK Extcurivc CHAMBER FABI AN PALOMINO so.c,. coon no en. cov.roo' January 19, 1984 I
Honorable Frank Petrone Federal Emergency Management Agency Room 1349 26 Federal Plaza New York, New York 10278 RE:
LONG ISLAND LIGHTING CO.
(SHOREHAM N.P.S.,
UNIT 1)
DOCKET NO. 50-322-OL-3
Dear Mr. Petrone:
Please be advised that the State of New York opposes approval of the Shoreham-Off-Site emergency evacuation plan proposed by the Long Island Lighting Co. (LILCO) in the above proceeding because LILCO lacks the legal authority to implement that plan.
LILCO's implementation of the plan would violate, among possible others, the following laws of the State of New York which preclude it from performing the various functions recuired by the subject plan:
a.
N.Y. Veh. & Traf. Law 551102, 1602, i
(McKinney); N.Y. Penal Law S5190. 25 (3),
195.05, 240.20(5) (McKinney);
N.Y.
Transp. Corp. Law S30 (McKinney).
(Relating to direction of traffic) b.
N.Y. Veh. & Traf. Law Sill 4 (McKinney);
N.Y.
Penal Law S5190.25(3), 195.05, 240.20(5) (McKinney); N.Y. Transp. Corp.
530 (McKinney).
(Relating to blocking roadways, setting up barriers in roadways and channeling traffic).
c.
N.Y. Veh. & Traf. Law S1114 (McKinney);
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N.Y. Penal Law SS190.25(3), 195.05, 240.20(5)
(McKinney).
(Posting signs on roadways).
1
Pg. 2 January 19, 1984 1
To:
Hon. Frank Petrone Re:
LILCO 1
d.
N.Y. Penal Law 5 165.05 (McKinney).
(Removing obstacles from roadways, including the towing of vehicles).
l 1
e.
N.Y. Penal Law 55190.25(3), 195.05 (McKinney); N.Y. Exec. Law S 20 et seg.
(McKinney).
(Activating sirens and directing broadcasts of energency messages).
f.
N.Y. Penal Law 55190.25(3), 195.05 (McKinney) ;
N.Y. Exec. Law S 20 et seq. (McKinney)
N.Y.
Exec. Law S 20 et seg. (McKinney);
N.Y. Penal Law S190.75(3), 195.05 (McKinney).
(Issuing orders to the public relating to public health and safety).
g.
N.Y.
Exec. Law $20 at sec. (McKinney); N.Y.
Penal Law S190.25(3)7 193.05 (McKinney).
(Making decisions and recommendations to the public concerning recovery and reentry).
h.
Suffolk County Sanitary Code, Article 12; Code of the Town of Brookhaven, Chapter 30, Article X.
(Dispensing fuel along road sites).
i.
N.Y. Penal Law 55190.25(3), 195.05, 240.20(5)
(McKinney); N.Y. Transp. Corp. 530 (McKinney) ;
N.Y. Veh. & Traf. Law SS1102, 1602 (McKinney);
N.Y.
Exec. Law S 20 et seq.(McKinney).
(Performing law enforcement functions).
These violations are the subjects of contentions 1 - 10 to the LILCO plan in the above proceeding.
I am enclosing herewith a copy of a statement which was made for the record on behalf of the State of New York opposing the LILCO plan for the aforesaid reasons.
Very truly yours, fN
~
Fabian G. Palomino Special Counsel to the Governor Encl.
_ = _ - _ _ _ _ - _ _ _ _ _
Statement of Fabian G. Palomino, Special Counsel to Governor Mario M. Cuomo May it please the Board:
My fiame is Fabian G. Palomino.
I am representing Mario M. Cuomo, Governor of the State of New York.
I have duly served my notice of appearance and submit the original to the Board with certification of service.
The Governor thanks Judge Laurenson for inviting the State of New York to participate in this proceeding.
The State of New York opposes approval of LILCO's Shoreham off-site emergency evacuation plan because LILCO lacks the legal authority to implement the plan for the reasons outlined in contentions 1 to 10.
Moreover, and with due deference to this Bcard, it is the position of the State that this Board does not have jurisdiction to rule on those contentions; and, if the Board rules on them, it would violate rights reserved to the State under the 10th amendment to the Federal Constitution.
If LILC0 desires to challenge the State position, it must do so in a State court in an appropriate proceeding.
The State also objects to the plan because it is not adequate and not implemer, table and therefore, cannot assure reasonable protection of the public in i_
the event of a nuclear accident for other reasons which will be established in this l
proceeding.
l The State is aware of the rule that it must take this proceeding as it i
finds it in the absence of good cause.
In the event that the State believes there is information which would assist the Board which relates to past events in this l
l proceeding, it will seek to present it to the Board through appropriate NRC procedures.
l l
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