ML20082G857

Petitioners Response to Lilco Re Physical Security Plan.* Petitioners Suggest That Util post-hearing Filing Does Not Dispose of Any Issue as to Util Compliance W/Settlement Agreement.W/Certificate of Svc

ML20082G857
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/07/1991
From:	Mcgranery J SCIENTISTS & ENGINEERS FOR SECURE ENERGY, SHOREHAM-WADING RIVER CENTRAL SCHOOL DISTRICT, NY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20082G849	List: ML20082G847 ML20082G857
References
91-621-01-OLA, 91-621-1-OLA, OLA, NUDOCS 9108210138
Download: ML20082G857 (6)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATOTY COMMISSION I((

ATOMIC SAFETY AND LICENGING BOARD Before Administrative Judges:

Morton B. Margulies, Chairman T O' ,

Thomas S. Moore, Alternate Chairman- I Dr. George A. Ferguson Dr. Jerry R. Kline l

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) Docket No. 50-322-OLA In the Matter of )

) ASLBP No. 91-621-01-OLA LON~ ISLAND LIGHTING COMPANY ) (Confirmatory Order

) Modification, Security (Shoreham Nuclear Power Station, ) Plan Amendment and Emergency Unit 1) ) Preparedness Amendment) l

) I PETITIONERS' RESPONSE TO LILCO'S LETTER OF JULY 29, 1991 REGARDING PHYSICAL SECURITY PLAN By letter of July 29, 1991, counsel for the licensee in the above-referenced matter submitted to this Atomic Safety and Licensing Board ("ASLB") (a) SNRC-1691 dated March 30, 1990 and (b) an attached affidavit of the same date both signed by William E. Steiger, Jr., Shoreham Plant Manager at the time, as well as (c) "a contemporaneous internal Shoreham memorandum to file, no.90-066, which recounts the discussion with the cognizant Suffolk County Police Department official concerning the proposed changes to the Security Plan."

Contrary to LILCO's argument in that letter that "these documents dispose of any issue as to LILCO's compliance with the

, settlement agreement in connection with the change in the size of the Shoreham armed responder force," Petitioners suggest that 9108210138 910805 PDR ADOCK 05000322 G PDR

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l these documents only emphasize the need for Petitioncrs to have access to the relevant Security Plan documents and the Security Sett1 ment Agreement and to be allowed discovery. Petitioners have no way to verify whether the circumstances described in SNRC-1691 and its enclosure demonstrate full compliance with the security settlement agreement since the security settlement is not a publicly available document. See Lpna Island Lichtina Corpany. (Shoreham Nuclear Power Station, Unit 1), LBP-83-56, 18 NRC 445, Unpublished Appendix A at A-7 (September 21, 1983).

This may include disputed issues of fact and law which Petitioners can address only after access to security plan related documents and discovery.

t'f r st , it is clear that neither counsel for LILCO nor 1

counse' for the Petitioners wr aware of SNRC-1691 at the prehearing conference.

l Second, although Petitior,J-s do not doubt Mr. Steiger's 1

good faith in executing the affidavit, 'r . Steiger is not an attorney, much less a judge, and thereftre his reading of

" paragraph X" is not definitive, nor can we know whether there may be other requirements in that agreement that were not met.

Third, Petitioners could not have had access to LILCO's internal memorandum No.90-066 without discovery or LILCO'n voluntary submission of it (which occurred only after the pre-hearing conference). The submission of the meno to file emphasizes the importance of Petitioners being granted discovery

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including, but not limited to, the opportunity to be abic to examine Deputy Chief Cosgrove on various matters such as his understanding of the conversation (" spoke with") with LILCO officials and his understanding of the significance of that conversation, as well as the issue of whether the Deputy Chief of the Eth Precinct of Suffolk County is the appropriate, and only appropriate, official to be consulted and/or to give guidance on behalf of the County, and the issue of whether that " guidance" was intended, by the settlement agreement, to be advisory or controlling and Deputy Chief Cosgrove's understanding of this issue.

Fourth, the affidavit recites at paragraph 3 that the request to amend the Security Plan was submitted on January 5, 1990, and i'.s paragraph 4 does not disclose the date of the consultation and solicitation of guidance; only the almost three months subsecuent (March 28, 1990) LILCO memo to file indicates that the consultation took place on January 3. without evidence that Deputy Chief Cosgrove was given the proposed Security Plan Amendment to exsmine at all, much less given adequate time to consider it. This raises serious questions as to whether he gave an "informL3 consent," if indeed his " consent"-was adequate on behalf of Suffolk County.

Fifth, even if these documents were dispositive of responder force issues, not even LILCO counsel contends that the settlement agreement does not also reach other security plan

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issues (e.a., vital area and equipment classification). l t

Therefore, those issues of fact and law would continue to exist. l i

For all of the reasons above, Petitioners cuggest that l

LILCO's post-hearing filing does not " dispos (e) of any issue as j i

to LILCO's compliance with the Settlement Agreement in connection i i

with change in the size of the Shoreham armed respander force." {

i It only strengthens their claim that issues of fact and law exist j which Petitioners can address in proper detail only after having access and discovery on the Security Plan. l i

t Respectfully submitted, f I

j i August 5, 1991 -s 9 Jf/4es P. McGranery, r/ ,,

C6unsel for Petiti efs i Shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy, Inc.

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- h UNITED STATES OF AMEF.ICA NUCLEAR REGULATORY COMMISSION g .",M' '. , , .

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

'91 TE -7 luu Z3 l

) Docket No. 50-322-OLA '

In the Matter of ) i -

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) ASLBP No. 91-6'2iiOl[QLA LONG ISLAND LIGHTING COMPANY )

) (Confirmatory Order (Shoreham Nuclear Power Station, ) Modification, Security i Unit 1) ) Plan Amendment and Emergency ,

) Preparedness Amendment) {

CERTIFICATE OF SERVICE 3 I hereby Certify that a copy of the Petitioners' Response to LILCO's  ;

Letter dated July 29, 1991 Regarding Physical Security Plan is being {'

served on the following parties by first-class mail, postage prepaid, on this 5th day of August, 1991: {

Morton B. Margulies, Chairman Jerry R. Kline  ;

Administrative Judge Administrative Judge  ;

Atomic Safety & Licensing Board Atomic Safety & Licensing Board l U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C 20555 Washington, D.C. 20555 j George A. Ferguson Thomas S. Moore l Administrative Judge Administrative Judge  !

Atomic Safety & Licensing Board Alternate Chairman l U.S. Nuclear Regulatory Commission Atomic Safety & Licensing Board i 5307 Al Jones Drive U.S. Nuclear Regulatory Commission [

Columbia Beach, Maryland 20764 Washington, D.C. 20555 j W. Taylor Reveley, III, Esq. Samuel A. Cherniak, Esq.  ;

Donald P. Irwin, Esq. NYS Department of Law Hunton & Williams Bureau of Consumer Frauds ,

Riverfront Plaza, East Tower and Protection 951 East Byrd Street 120 Broadway  ;

Richmond, Virginia 23219-4074 New York, New York 10271 l t

Michael R. Deland, Chairman Gerald C. Goldstein, Esq.  !

.I Executive Office of the President Office of General Counsel Council on Environmental __ Quality New York Power Authority [

722 Jackson Place,-N.W. 1633 Broadway j Washington, D.C. 20503 New York, New York 10019  :

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Stanley B. Klimberg, Esq. Nicholas S. Reynolds Executive Director & David A. Repha General Counsel Winston & Stra'an Long Island Power Authority 1400 L Street, N.W.

200 Garden City Plaza, Suite 201 Washington, D.C. 20005 Garden City, New York 11530 Carl R. Schenker, Jr., Esq. Edwin J. Beis, Esq.

O'Melveny & Myers Mitzi A. Young, Esq.

555 13th Street, N.W. Office of General Counsel Washington, D.C. 20004 U.S. Nuclear Regulatory Commission Room 15-E9 Stephen A. Wakefield, Esq. One White Flint North General Counsel 11555 Rockville Pike U.S. Department of Energy Rockville, Maryland 20852 1000 Independence Avenue Room 6A245 Washington, D.C. 20585 V+-. % ,

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e ** 4- N ,r M1 h.es P. McGranery , //r/

unselforthePet'iti[oners Shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy, Inc.

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