ML20084S358
| ML20084S358 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/22/1984 |
| From: | Mccleskey K HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| OL-3, NUDOCS 8405240405 | |
| Download: ML20084S358 (10) | |
Text
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h hhhf0 LILCO, May 22, 1984
84 IldY24 A!d:45 UNITED STATES OF AMERICA NUCLEAR RECULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-3
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(Emergency Planning (Shoreham Nuclear Power Station, )
Proceeding)
Unit 1)
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LILCO's Motion to Submit Supplemental Exhibit or to Strike New York Exhibit 3 For the reasons stated below, LILCO moves that the at-tached letter dated April 18, 1984, to Dr. David Axelrod, Com-missioner of Health and Chairman of the New York State Disaster Preparedness Commission, from Mr. Frank Mancuso, State Director of-the Office of Civil Preparedness for the State of Con-necticut, be entered into the record as LILCO's Exhibit EP 38, or alternatively that New York Exhibit 3, a letter to Mr.
Mancuso from Dr. Axelrod dated March 30, 1984, be struck.
As part of its prefiled testimony in response to emergency planning Contention 24.R, LILCO filed a letter dated December 15, 1983 to Mr. Don A. DeVito, New York State Director of the Office of Disaster Preparedness, from Mr. Mancuso, discussing the State of Connecticut's willingness to provide-support and 8405240405 840522
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PDR ADOCK 05000322 0
PDR i
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radiological assistance in Connecticut in the event of a ra-diological emergency at the Shoreham Nuclear Power Station (Tr.
April 6, 1984, Vol. 2).
On Tuesday, April 24, 1984, during cross-examination of LILCO's witnesses on Contention 24, coun-sel for New York State entered into the record a letter dated March 30, 1984 to Mr. Mancuso from Dr. David Axelrod, Commis-sioner of Health and Chairman of the New York State Disaster Preparedness Commission, responding to the December 15 letter that is attached to LILCO's testimony.
(New York State Exhibit 3, ff. Tr. 6598.)l/
The March 30 letter disavows any " agree-ment" between New York State and the State of Connecticut "to exchange information in the event of a nuclear accident at Shoreham."
On April 27, 1984, and thereafter, LILCO requested that the State provide, among other documents, any recponse letters to the March 30 letter that may have been written by officials from Connecticut.
On May 17, 1984, the State provided a copy of an April 18, 1984 letter from Mr. Mancuso to Dr. Axelrod, responding to Dr. Axelrod's March 30 letter that the State in-troduced on cross-examination.
Mr. Mancuso's April 18 letter states that, contrary to Dr. Axelrod's characterization in.the March 30 letter, the December 15 letter attached to LILCO's i
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Although LILCO received a copy of the December 15 letter, Dr. Axelrod did not send LILCO a copy of the March 30 letter, and the first time LILCO became aware of the existence of the
. March 30 letter was during cross-examination of LILCO witnesses on April 24 by counsel for New York State.
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O-
, y testimony "does not purport to serve as a letter of agreement between the State of Connecticut and the State of New York con-cerning the Shoreham Nuclear Power Station.
It does suggest that (Connecticut is] meeting the requirements of NUREG-0654, FEMA REP-1."
LILCO requests that Mr. Mancuso's April 18, 1984 letter be admitted into evidence as LILCO's Exhibit EP 38.
As a state-ment of Connecticut's intent to meet NUREG-0654, and as a re-sponse to the March 30 letter that is New York Exhibit 3, it is relevant to Contention 24.R, and it provides context and addi-
- ional information with which to read the March 30 letter.
Since Dr. Axelrod and Mr. Mancuso were not present for cross-examination when the March 30 letter was entered into the record by New York State, the parties will not be prejudiced by entering an additional letter without the opportunity to cross-examine Dr. Axelrod and Mr. Mancuso.
LILCO had no knowledge of the existence of the March 30 or April 18 letters prior to the time that the State introduced the March 30 letter into the record on April 24, and did not receive a copy of the April 18 letter until May 17.
Thus there exists good cause for admit-ting this supplemental exhibit.
Alternatively, LILCO requests that the Board strike New
{
York Exhibit 3.
The subsequent letter that LILCO seeks to sub-mit as Exhibit EP 38 provides context, clarification, and addi-l tional~information pertinent to the March 30 letter.
The March l
30 letter read without the April 18 reply could be misleading.
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< Y Conclusion For the reasons stated above, LILCO requests that the April 18, 1984 letter from Mr. Mancuso to Dr. Axelrod be admit-ted into the record as LILCO Exhibit EP 38, or that the Board strike New York Exhibit 3 from the record.
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Respectfully submitted, LONG ISLAND LIGHTING COMPANY M & f f /H 'd 6 Jhmes If. ~Christmai Kathy E.
B.
McCleckey Hunton & Williams 707 East Main Street Post Office Box 1535 Richmond, Virginia 23212 DATE:
May 22, 1984 l
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o LILCO, May 22, 1934 CERTIFICATE OF SERVICE N
In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
(Emergency Planning Proceeding)
Docket No. 50-322-OL-3 I certify that copies of "LILCO's Motion to Submit Sup-plemental Exhibit or to Strike New York Exhibit 3" were served 1
this date upon the following by first-class mail, postage pre-1 paid, or (as indicated by one asterisk) 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.
l Bethesda, MD 20814 Stewart M.
Glass, Esq.*
Regional Counsel Eleanor L.
Frucci, Esq.*
Federal Emergency Management Attorney Agency Atomic Safety and' Licensing 26 Federal Plaza, Room 1349 Board Panel New York, New York 10278 U. S.
Nuclear Regulatory j
l Commission Stephen B.
Latham, Esq.*
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l East-West Tower, North Tower Twomey, Latham & Shea i
4350 East-West Highway 33 West Second Street-Bethesda, MD 20814 Post Office Box 398 Riverhead, NY 11901
t,.
' Fabian G. Palomino, Esq.*
Ralph Shapiro, Esq.*
Special Counsel to the Cammer & Shapiro, P.C.
Governor 9 East 40th Street Executive Chamber New York, New York 10016 Room 229 State Capitol James B.
Dougherty, Esq.*
Albany, New York 12224 3045 Porter Street Washington, D.C.
20008 Herbert H. Brown, Esq.*
Lawrence Coe Lanpher, Esq.
Jonathan D.
Feinberg, Esq.
Christopher M.
McMurray, Esq.
New York State Public Service Kirkpatrick, Lockhart, Hill Commission, Staff Counsel Christopher & Phillips 3 Rockefeller Plaza 8th Floor Albany, New York 12223 1900 M Street, N.W.
Washington, D.C.
20036 Spence W.
Perry, Esq.*
Associate General Counsel Mr. Marc W. Goldsmith Federal Emergency Management Energy Research Group Agency 4001 Totten Pond Road 500 C Street, S.W.,
Rm. 840 Waltham, Massachusetts 02154 Washington, D.C.
20472 MHB Technical Associates Ms. Nora Bredes 1723 Hamilton Avenue Executive Coordinator Suite K Shoreham Opponents' Coalition San Jose, California 95125 195 East Main Street Smithtown, New York 11787 Mr. Jay Dunkleberger New York State Energy Office Martin Bradley Ashare, Esq.
Agency Building 2 Suffolk County Attorney Empire State Plaza H. Lee Dennison Building Albany, New York 12223 Veterans Memorial Highway Hauppauge, New York 11788 Gerald C.
Crotty, Ecq.*
Counsel to the Governor Executive Chamber State Capitol Albany, New York 12224 i L. -
Kathy B fB. McCleskey Hunton & Williams 707 East Main Street Post Office Box 1535
' Richmond, Virginia 23212 i
DATED:
May 22, 1984 l
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LILCO's Exhibit 38, e
Page 1 of 4 1
STATE OF CONNECTICUT DEPARTMENT OF PUBLIC SAFETY OFFICE OF CIVIL PREPAREDNESS DATE RECEIVED A ril 18, 1984 P
APR 251984 NYS DEPARTMENT OF HEALTH OFFICE OF Tile COMMISS10ftER David Axelrod, M. D.
Commissioner of Health Chairman, NYS Disaster Preparedness Commission State of New York Albany, New York 12226
Dear Dr. Axelrod:
In response to your letter of March 30, 1984, let me assure you that the State of Connecticut will not become involved in the explosive environment that exists in the State of New York concerning Radiological Emergency Planning. My letter to Director DeVito does not purport to serve as a letter of agreement between the State of Connecticut and the State of New York concerning the Shoreham Nuclear Power Station.
It does suggest that we are meeting the requirements of NUREG-0654, FEMA REP-1.
Your letter makes your position as well as that of your Governor's clear to us.
It is not our intention to pursue this matter any further.
Enclosed are letters of correspondence between my office and the State of New York Legislative Commission on Expenditure Review.
I have cooperated with that office and made available information concerning Radiological Emergency Planning in Connecticut. I hope it meets with your approval.
j If not, I suggest you contact Mr. Irving Wendroskey and express your displeasure.
I have no desire to become involved in your internal problems.
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Sincerely, M
.04tl84Gd0 Frank Mancuso State Director FM:ms Encl.- OCP Letter to I.Wendrovsky 10/28/83 OCP Letter to DeVito 12/15/83 - omitted Wendrosky Letters to OCP 10/3/83, 3/9/84 cc:
D.DeVito, Of. of Dis. Prep., N.Y.
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Ed Thomas, FEMA Reg. 1 l
1.Wendrovsky,N.Y. Legislative Comm.
Phone:
360 BroM Hartford. Connecticut 0618 An Equal Opportunity Employer i
W-
LILCO's Exhibit 38'
..I Page 2 Of 4 STATE OF CONNECTICUT o
I DEPARTMENT OF PUHUC SAFETY l
OFFICE OF CIVIL PREPAREDNESS 1
October 28, 1983
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i Mr. Irving Wendrovsky, GeneAat Associate State of New Yod legislative connission On Expenditure Revien i11 teashington Avenue Albany, New Verk Itt10 Vear Mr. Wendrovsky:
Enclosed art the documents we discussed in our phone conversation seveAal weeks ago.
I hope the contents will be useful to you and the Legislative commission on an expenditure review.
I ask that the 534 copy of the " State of Connecticut Radiological EmeAgen-cy Responst Plan for the Haddam Neck Plant and the Mittstone Power Station"'
be returned to us after you have had a chance to review it.
It is one of only three. copies in our inventory.
In my observation with the neighboring states, I find that Radiological Emergency Planning should be with.the State Office of EmeAgency Planning foA two reasoner 1.
The Office of Civil Preparedness is entrusted with otheA emergency planc ning and has direct contact with the state, local,and in your case, county goutrnments.
2.
It has been my experience that when the responsibility for nuclear plan-nbsg was in other agencies, it was not properly coordinated with the Office of Civil Preparedness.
c in ordeA for any planning to be tffective, the agency responsible for that planning should have the futt support of the administAation as well as the Legislativt body within that jurisdiction.
Picase let me know if I can be of any further help.
Sincerely, Yl/
W Frank Mancuso State Oirector FM:as Enclosures 034 Copy CT REP, Annual Plan for Expenditures, Title 28, Emergency OptAallons Plan Part 11 Natural VisasteAs Phone: 105l$66 5 Iso 360 Broad Street - Hartford. Connecticut 0625 An Equel Opportunar Employer I
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b LILCO 's E:thibit 38 '
i Page 3 of 4
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STATE. OF NEW YORK
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LEGSLATIVE COMMISSION f
ON EXPENDITURE REVIEW 111 WASHINGTON AVENUE - At.8ANY. NEW YORK 12210 - (514) 474 1474
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...... i no u n October 3,1983
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Mr. Frank Mancuso Director Connecticut Office of Civil Preparedness State Armory 360 Broad Street
.,-.g, Hartford, Connecticut OG 105
Dear Mr. Mancuso:
"?,';.'r' As per our telephone conversion, I would appreciate receiving a copy of the following documents from your agency:
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1.
Title 28 2.
Statute 81-409 3.
National Disaster State Plan 4.
REP Anney.
Your cooperation was extremely helpful.
Sincerely,
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Irving Wenhovsky
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General Associate IR:dch 1
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Office at ctrig p7*
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Page 4 of 4 Q-
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stall OF NEW YORK
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LEGISLATI'd COMMISSK.I i bj.i,,,. ; f
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ON EXPENDliURE I:BifW UJEly;p.. -
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e March 9,1984 l
Mr. Frank Mancuso
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State Director Department of Public Safety
, Office of Civil Preparedness
.' 380 Broad Street Hartford, Connecticut 06105
Dear Mr. Mancuso:
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We are returning under separate cover the Connecticut State Plan lo
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to the Commission.
. planning for radiological emergencies.The material was useful and pr i
Please accept our thanks for your assistance and graciousnes 4
l information.
l Sincerely, I
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Coral <line Stout i
....u irving Wendrosky i
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