ML20080N131

Memorandum of Governor Cuomo in Opposition to Lilco 840210 Motion to Compel Expedited Production of State of Ny Emergency Preparedness Plan.Certificate of Svc Encl

ML20080N131
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/16/1984
From:	Zahnleuter R NEW YORK, STATE OF
To:
References
ISSUANCES-OL-3, NUDOCS 8402220125
Download: ML20080N131 (7)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION $b[

ATOMIC SAFETY AND LICENSING BOARD 4

Before Administrative Judges '84 FE8 21 All 19 James A. Laurenson, Chairman

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Dr. Jerry R. Kline Mr. Frederick J. Shon gg3}gg cRANCH 2

In the Matter of )

) Docket No. 50-322-OL-3 LONG ISLAND LIGHTING COMPANY ) (Emergency Planning Proceeding)

)

(Shoreham Nuclear Power Station, )

Unit ~1) ) February 16, 1984

)

s b MEMORANDUM OF GOVERNOR MARIO CUOMO, REPRESENTING THE STATE OF NEW YORK, IN OPPOSITION TO LILCO'S MOTION TO COMPEL EXPEDITED PRODUCTION OF THE NEW YORK STATE EMERGENCY PREPAREDNESS PLAN This memorandum has been prepared in opposition to LILCO's MOTION TO COMPEL EXPEDITED PRODUCTION OF THE NEW YORK STATE EMERGENCY PREPAREDNESS PLAN, dated February 10, 1984 (herein-after, LILCO's Motion).

For the reasons. set forth below, the State of New York respectfully urges that the Board deny LILCO's Motion.

I. Background In a previous motion, dated February 6, 1984, LILCO sought to compel the State of New York to produce, on an expedited basis, f .large numbers of documents possessed by the New York State Disaster Preparedness Commission. The State of New York objected to LILCO's February 6, 1984 motion in a memorandum dated February 13, 1984.

The State of New York's memorandum of February 13, 1984, adequately responds to LILCO's Motion of February 10, 1984 as well. LTherefore, the State of New York refers the Board to

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the State of New York's memorandum of February 13, 1984 and requests i

that the Board incorporate that memorandum into this one.

However, LILCO's Motion of February 10, 1984, which seeks to compel expedited production of a lengthy document referred to by LILCO as the New York State Emergency Preparedness Plan (hereinafter, the State Plan), warrants a brief discussion of certain additional considerations.

II. Discussion i

First, in an attempt to demonstrate that the State Plan is I

somehow relevant to this proceeding, LILCO has mischaracterized I certain facts relating to that Plan. For instance, on the first page of its Motion, LILCO states that: I The [ State] Plan consists of a generic State-wide plan prepared under the auspices of the New York Disaster Preparedness Commission, and includes State-prepared annexes or appendices for individual nuclear power plants within New York State. It also includes specific supplements or appendices prepared by each of the counties occupying the emergency planning zone State.

around each nuclear plant in New York This statement is inaccurate and misleading. While the State Plan does contain some annexes or appendices for other power plants, it contains no site-specific materials for the Shoreham Plant.

Likewise, as LILCO knows, the State Plan contains no specific supplement or appendix prepared by any county or other local government for the Shoreham Plant.

Therefore, contrary to misleading characterizations in LILCO's Motion, the State Plan is entirely irrelevant to this proceeding, the purpose of which is to determine the adequacy of the LILCO Plan. The State Plan neither addresses the adequacy of LILCO's Plan , nor does it address anything specific to Shoreham at all.

2 On page 3 of its Motion, LILCO also describes the State Plan as a " unique and irreplaceable component in understanding" how New York State agencies perform their duties concerning nuclear power plants in New York State. However, since the State of New York (and the County of Suffolk) will not be performing any functions in LILCO's Plan, the State Plan is, again, irrelevant to this proceeding. Regardless of whatever criticisms the State of New York witnesses may have concerning LILCO's Plan (see LILCO's Motion at Attachment 3), the State Plan is irrelevant to this proceeding because LERO, not the State of New York, will be implementing LILCO's Plan.

Second, the individual from the.New York State Department of Environmental Conservation who requested a copy of LILCO's Plan has withdrawn his request, as evidenced by Attachment 3 of LILCO's Motion. At this time, the State of New York is not requesting discovery of documents possessed by LILCO.

Third, LILCO's request for expedited production of the '

voluminous State Plan is unjustified. LILCO could have requested a copy of the New York State Emergency Preparedness Plan at any time 4.n the past pursuant to the New York State Freedom of Information Law. LILCO's last minute request for production of the State Plan on an expedited basis is therefore unwarranted and improper.

Finally, the State Plan, if aggregated in one place, would consist of a stack of paper approximately three feet high.

Written text appears on both sides of some of the papers.

Other papers consist of oversized and cumbersome maps and diagrams. The Plan does not now exist in any complete form.

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-8 Many of the appendices and supplements to the master documents are scattered throughout various offices, where they are under-going substantial revisions and updates. Even if the State Plan were deemed to be relevant, the task of finding these papers, bringing them together and copying them would be time-consuming, burdensome and simply cannot be completed on the expedited basis proposed by LILCO.

III. Conclusion For th3 reasons set forth above and in the State of New York's memorandum of February 13, 1984, the State of New York respectfully urges that the Board deny LILCO's Motion. ,

Respectfully submitted, MARIO CUOMO Governor of the State of New York Fabian G. Palomino, Esq.

Special Counsel to the Governor of the State of New York BY: /I Richard J. 83hnlefter Assistant to the Special Counsel to the Governor of the State of New York Executive Chamber State Capitol Albany, New York 12224 DATED: FEBRUARY 16, 1984 ALBANY, NEW YORK

1. UNITED STATES OF AMERICA NUCLEAR. REGULATORY COMMISCION 4

ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges CCLhETEF James A. Laurenson, Chairman WEC Dr. Jerry R. Kline Mr. Frederick.J. Shon g. g

)

In the Matter of ) OrritE er ggcpg3. .

) Docket No00sc r322-on-3!

LONG ISLAND LIGHTING COMPANY ) (Emergency P$$dhfhg Proceeding)

)

(Shoreham Nuclear Power Station, )

Unit 1)' ) February 16, 1984

)

)

CERTIFICATE OF SERVICE I hereby certify that one copy of the MEMORANDUM OF GOVP,RNOR MARIO CUOMO, REPRESENTING THE STATE OF NEW YORK, IN OPPOSITION TO LILCO'S MOTION TO COMPEL' EXPEDITED PRODUCTION OF THE NEW-YORK I

STATE EMERGENCY PREPAREDNESS PLAN has been Gerved to each of the ,

following this 16th day of February 1984 by U.S. Mail, first class, except as otherwise noted:

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• James A . Laurenson, Chairman Ralph Shapiro, Esq.

Atomic Safety and Licensing Loard Cammer and Shapiro U.S. Nuclear Regulatory Commission 9 East 40th Street Washington, D. C. .20555 New York, New York 10016

• Dr . Jerry R. Kline Howard L. Blau, Esq.

Administrative Judge 217 Newbridge Road Atomic. Safety and Licensing Board Hicksville, New York 11801

U.S. Nuclear Regulatory Commission Washington, D. C. 20555 ***W. Taylor Reveley III, Esq.

Hunton & Williams

• Mr. Frederick J. Shon P. O. Box 1535

Administrative Judge 707 East Main Street Atomic Safety and Licensing Board Richmond, Virginia 23212 U.S. Nuclear Regulatory Commission Washington,.D. C. 20555 Mr. Jay Dunkleberger New York State Energy Office

. Edward M. Barrett, Esq. Agency Building 2 Empire State Plaza

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-General Counsel 12223 Long Island Lighting Company -Albany, New York 250 Ol'd Country Road Mineola, New York 11501 James B. Dougherty, Esq.

ti shi g n D C 2 b0

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Mr. Brian.McCaffrey Stephen B. Latham, Esq.

Long Island Lighting Company' Twomey, Latham & Shea 175 East Old Country Road P. O. Box 398 Hicksville, New York 11801 33 West Second Street Riverhead, New York 11901 Jeff Smith Shoreham Nuclear Power Station Marc W. Goldsmith P. O. Box.618 Energy Research Group, Inc.

North Country Road 400-1 Totten Pond Road Wading River, New York 11792 Waltham, Massachusetts 02154 Joel Llau, Esq. MHB Technical Associates New York-Public Service Commission 1723 Hamilton Avenue The Governor Nelson A. Rockefeller Suite K Empire State Plaza, Building 3 San Jose, California 95125 Albany, New York 12223 Honorable Peter F. Cohalan Martin Bradley Ashare, Esq. Suffolk County Executive Suffolk County Attorney H. Lee Dennison Building H. Lee Dennison Building Veterans Memorial Highway Veterans Memorial Highway Hauppauge, 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 Law Washington, D. C. 20555. 2 World Trade Center New York, New York 10047 Docketing and Service Section#

Office of the Secretary- Atomic Safety and Licensing U.S. Nuclear Regulatory _Connission Appeal Board

> 1717 H Street, N.U. U.S. Nuclear Regulatorv Commission Washington,-D. C. 20555 Washington, D. C. 20555

• Bernard M. Bordenick, Esq. Jonathan D. Feinberg, Esq.

David'A. Repka, Esq. Staff Counsel g

U.S.~ Nuclear Regulatory Commission New York State Public Service Washington, D. C. 20555- Commission 3 Rockefeller Plaza Stuart Diamond Albany, New York 12223 Environment / Energy Uriter NEWSDAY Long Island, New York 11747

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• Stewart M. Glass, Esq. * *

• Herbert H. Brown, Esq.

Regional Counsel Lawrence Coe Lanpher, Esq.

Federal Emergency Management Koela J. Letsche, Esq.

Agency 1900 M Street, N.W., Suite 800 26 Federal Plaza, Room 1349 Washington, D. C. 20036 New York, New York 10278 Nora Bredes Executive Director Shoreham Opponents Coalition i 195 East Main Street Smithtown, New York 11787

• ** Eleanor L. Frucci, Esq.

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Spence Perry, Esq.

Associate General Counsel Federal Emergency Management Agency Washington, D. C. 20472 RICHARD J. ZAHNLEUTER Assistant to the Special Counsel to the Governor of the State of New York Executive Chamber State Capitol Albany, New York 12224

1. Original ano 2 copies

• By Hand

• • By Federal Express

• • • By Telecopier

• • • • By U. S. Express Mail Albany, New York February 16, 1984