ML20091L067
| ML20091L067 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/04/1984 |
| From: | Zahnleuter R NEW YORK, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| OL-3, NUDOCS 8406070312 | |
| Download: ML20091L067 (10) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 000qqn L'9FC g
Before Administrative Judges James A. Laurenson, Chairman Dr. Jerry R. Kline
'64 gg,7 NO '53 Mr. Frederick J. Shon v.
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning (Shoreham Nuclear Power Station,)
Proceeding)
Unit 1)
)
June 4, 1984
)
RESPONSE OF GOVERNOR MARIO M. CUOMO, REPRESENTING THE STATE OF NEW YORK, IN OPPOSITION TO "LILCO's 1
Potion to Submit Supplemental Exhibit or to Strike New York Exhibit 3" The State of New York hereby opposes LILCO's motion to submit a supplemental exhibit, and LILCO's alternative motion to strike New York State's exhibit 3.
The joint motions are dated May 22, 1984.
This controversy revolves around Contention 24.R.
The essence of Contention 24.R is:
"LILCO has ng agreement with the State of Connecticut under which the State agrees to plan for, recommend or-implement protective actions for the portions of the ingestion exposure pathway EPZ that are in Connecticut."
(Emphasis added.)
LILCO's proposed exhibit EP 38 does nnt add any new " context," " clarification" or " additional informa-tion" concerning Contention 24.R, contrary to.LILCO's bald assertion on lines 10,,11, 24 and 25 on page 3 of its motion.
-Thus, LILCO's motion should be denied.
0406070312 840604 9'
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Chronologically, the first letter that was. created in a.
g response to Contention 24.R was a letter dated December 15, 1983.
The letter was sent by Mr. Mancuso of the State of Connecticut to Mr. DeVito of the New York State Division of Military and Naval Affairs.
This New York State agency is only one of several New York State agencies involved in disaster planning.
A copy of this letter is attached hereto and is t
marked "A."
LILCO attached this letter to its prefiled, written testimony concerning Contention 24.R (Attachment 28).
LILCO's motion to submit a supplemental exhibit, on the last two lines of page 1 and on the first line of page 2, characterizes this letter as a " discussion" of the State of Connecticut's willingness to provide support and assistance in the event of an emergency at Shoreham.
However, the letter does more than purport to be a discussion or negotiation.
The letter actually states:
"[T]his letter serves as a letter of agreement between the State of Connecticut and the State of 6
New York" and "The Connecticut Department of Environmental Protection (DEP) will exchange information with the New York
' Department of Health.
(Emphasis added).
On page'28, line 4, of LILCO's prefiled, written testimony concerning Contention 24.R, LILCO also represented that this letter constituted a " letter of agreement" with the State of New York.
The State of New York refuted these unilateral assertions c
of LILCO and _ the State of Connecticut when it introduced i
e
n; New York State's exhibit EP 3 into evidence.
The express te denial.of an agreement between the states of Connecticut i-and New York was in the form of a letter f rom Dr. Axelrod i
(Chairman of the New York State Disaster Preparedness Commission and Commissioner of Health of the State of New York) l to Mr. Mancuso, dated March 30, 1984.
Dr. Axelrod emphatically stated:
"I am advising you that the State of New York has nat l
entered into ang agreement to exchange information with the i.
State of Connecticut for the purpose of implementing the LILCO plan."
(Emphasis added.)
A copy of this letter is attached hereto and is marked "B."
LILCO's proposed exhibit EP 38 does nothing to counter Dr. Axelrod's statement in his letter of March 30, 1984 con-i cerning the intentional absence of any agreement.
LILCO's i
proposed exhibit EP 38 does nothing to counter the allegation in Contention 24.R either.
In fact, LILCO's proposed exhibit
'EP 38 adds credence to Dr. Axelrod's statement and the essence of Contention 24.R by stating:
"My letter to Director DeVito does nat purport in serve an A letter af agreement between the State of Connecticut and the State of New York concerning i
the Shoreham Nuclear Power Station."
Mr. Mancuso's incidental statement pertaining to NUREG-0654 also has nothing to do with a " letter of agreement," which is the essence of Contention 24.R and Dr. Axelrod's letter of March 30,.1984.
LILCO's proposed
. exhibit EP 38 does nat add.any new " context," " clarification"
. v.
g or " additional information" concerning Contention 24.R, contrary to LILCO's bald assertion on lines 10, 11, 24 and 25 on page 3 of its motion.
LILCO's motion should be denied.
Incidentally, LILCO's claim that Dr. Axelrod should have copied LILCO on his letter of March 30, 1984, in totally without basis.
When a person writes a letter in reference to an earlier letter, that person is under no obligation to provide all of the recipients of the earlier letter with a copy of the later i
letter.
A person always is free to correspond with whom he wishes.
In addition, the carbon copy recipients of Mr. Mancuso's first letter of December 15, 1983, are nothing but unintelligible alphabet letters, none of which even resemble "L",
I",
"L",
"C", "O".
Sag attachment "A" to this pleading for the actual carbon copy list.
LILCO's footnote one on page 2 of its motion is so irrational, it should be disregarded.
4 LILCO's alternative motion to strike New York State's g
exhibit EP 3 is without basis for the reasons set forth above.
Dr. Axelrod's letter of March 30, 1984 is nat " misleading" as LILCO incorrectly asserts on the last line of page 3.
Dr. Axelrod's letter, which don'ies the existence of any agree-
- ment between^the states of Connecticut and New York, could not be.any_more direct and accurate or re evant to Contention 24.F.2
- and LILCO's related testimony.
In addition, LILCO's motion'is j
untimely.
LILCO had an ample opportunity to move to strike m
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4 New York State's exhibit EP 3 before it was admitted into 1
evidence.
LILCO should not be permitted to contemplate 2
indefinitely whether it should oppose the admission into i.
evidence of a New York State exhibit.
LILCO's alternative motion to strike should be denied.
I The State respectfully urges that LILCO's motion to submit
- a supplemental exhibit, and LILCO's alternative motion to strike New York State's exhibit EP 3, be denied.
Respectfully submitted, 4
MARIO CUOMO Governor of the State of New York 4
FABIAN PALOMINO, ESQ.
l Special Counsel to the Governor of the State of New York e
BY: -
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Assistant to the Special Counsel RICHARD J. ZAHNLEUTER, ESQ.
i to the Governor of the State of New York i
Albany, New York 1
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n STATE
.OF CONNECTICUT g
DEPARTMENT OF PUBl.!C SAFETY
. g'h OFFICE OF CIVII, PREPAREDNESS
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December 15, 1983 Mr, Donald A. DeVito, Director Office of Disaster Preparedness i
State of New York Division of Military and Naval Affairs Public Security Building, State Campus Albany, New York 12226
Dear Mr. OeVito:
~
Subject:
1.etter of Agreement, Interstate Radiological Assistance, Shoreham Nuclear Power Plant In accordance with NUREG-0654, FEMA-REP-1, Rev.1. Section 11. A. 3, this letter serves as a letter of agreement between the State of Connecticut ud the State of New York.
Se 50-mile Ingestion Pathway Emergency Planning Zone (EPZ) of the reham Nuclear Power Station, New York, extends into Connecticut. There-ore, the Connecticut Office of Civil Preparedness agrees to support and vide radiological assistance in Connecticut in the event of a radio-logical related emergency and will respond in Connecticut to requests for radiological assistance from licensees, federal, state and local (county)
, agencies.
me State of Connecticut will collect samples and interdict food, water, ad milk within potentially affected areas of the Shoreham 50-mile EPZ, as
~
required, within the boundaries of the State of Connecticut.
cut Department of Environmental Protection (DEP) will exchange information The Connecti-with the New York Department of Health; Connecticut DEP point of contact is 1
Mr. Arthur Heubner, telephone number (203) 566-5668.
for information or questions, please contact Mr. Frank Grandone, gitef of Plans and Operations, of this office, at (203) 566-2074.
Sincerely 3 c9d/Jamaac Frink Mancuso fM/abd State Director Opns. file-RERP-ltr. of Agreement EP-RCU L pis-0 EMS
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STAft or New Yonn DEPARTMENT OF HEALTH ALsANY Dawso AmtLaoo. M. 3 c......
!!nrch ~10, 1984 Dear Mr. Mancuno I have recently becomo aaarc of four lotter of Decembor 15, l
1983 to lir. Donald DeVito. Your lotter purporto to servo as a lottcr of agreement botwoon tho State of Connecticut 9.nd the Stata of No r Yortc' concerning tho Shoroha:n Nuclear Pcwor station. Spo :ifically, ycur lattsir purports to be an agreamsnt to exchango infornation with tno hev York State Departscat cf Health in the event of a nuclear..ccida'at at :!hnroh's.
Neither the New York Stato Depart:.ont of Ho11th nor tho kr.< Y rk State Disastor Preparedness Conmission havo over entored into any agroenent vith the State of Connecticut to exchange information in tha svent of e
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nuclear accident at Shoreham.
i In addition, the Governor of the State of New York has determined that the State of How York will ret participate ir. the implementation of any radiological emergency response plan for Shorehnn unless it has been endorsed by the affected cota:nities.
The LTICO radiological emergency responso plan hae been prepared without the assistance of the State of New York and submitted by LIICO to the Nuclear Regulatory Consalonion without the approval or ord.orse'nent of the State of New York.
'Ihe State of New York is opposing the approval of this LIILO plan in ongoing Nuclear Regulatory Commission licensing proceedings for Shoreham.
Consequently, as Commissioner of Health of the State of new York and in my role as Chairman of the New York State Disaatur Preparedness consniscion, I an advising you that the State of New York hrs not entered into any agroement to exchango information with the Stato of Conner:ticut l
for the purpose of implementing the LIICO plan.
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Sincerely, r
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David Axolrod, M.D.
Copenisoloner of Health Chairman, UYS Disaster Preparodness Cocciccion a.
Mr. Frank t'.ancuso State Director
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Office of Civil Proparrinoan Departe. ant of Public f:afety Stato of Connecticut 360 Broad Street Hartford, Cor.ncetiert 06115 e
a
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrat3ve Judges g
James A.
Laurenson, Chairman Dr. Jerry R. Kline Mr. FredericP J. Shon
~)
In the Matter of
)
)
Docket No. 50-322-OL-3 LONG ISLAND LIGHTING COMPANY
)
(Emergency Planning Proceeding)
)
(Shoreham Nuclear Power Station, )
Unit 1)
)
)
June 4, 1984
)
CERTIFICATE OF SERVICE I hereby certify that one copy of the " RESPONSE OF GOVERNOR f1ARIO M. CUOMO, REPRESENTING THE STATE OF NEW YORK, IN OPPOSITION TO 'LILCO's Motion to Submit Supplemental Exhibit or to Strike New York Exhibit 3'" has been served to each of the following this 4th day of June 1984 by U. S. Mail, first class, except as otherwise noted:
- James A.
Laurenson, Chairman Ralph Shapiro, Esq.
Atomic Safety and Licensing Board Cammer and Shapiro U.S. Nuclear Regulatory Commission 9 East 40th Street Washington, D. C.
20555 New York, Ncw 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 a
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Mr. Jay.Dunkleberger Marc W. Goldsmith'"
4 New York State Energy Office Energy Research Group, Inc.
Agency Building 2 400-1 Totten Pond Road Empire State Plaza Waltham, Massa.chusetts 02154 Albany, New York 12223 MHB Technical Associates James B.
Dougherty, Esq.
1723 Hamilton Avenue, Suite K 3045 Porter Street, N. W.
San Jose, California 95125 Washington, D. C.
20008 Honorable Peter F. Cohalan Mr. Brian McCaffrey Suffolk County Executive Long Island Lighting Company H. Lee Dennison Building Shoreham Nuclear Power Station Veterans Memorial Highway r
P. O. Box 618 Hauppauge, New York 11788 North Country Road Wading River, New York 11792 Ezra I. Bialik, Esq.
Assistant Attorney General Martin Bradley Ashare, Esq.
Envirommental Protection Bureau
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Suffolk County Attorney New York State Department of Law H. Lee Dennison Building 2 World Trade Center Veterans Memorial Highway New York, New York 10047 Hauppauge, New York 11788 Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board Panel U.S. Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555 Stewart M. Glass, Esq.
Docketing and Service Section Regional Counsel Office of the Secretary Federal Emergency Management U.S.
Nuclear Regulatory Commission Agency 1717 H Street, N.W.
26 Federal Plaza, Room 1349 Washington,-D. C.
20555 New York, New York 10278
- Bernard M. Bordenick, Esq.
Nora Bredes 4
David A. Repka, Esq.
Executive Director
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U.S. Nuclear Regulatory Commission Shoreham opponents Coalition Washington, D. C.
'20555 195 East East Main Street Smithtown, New York 11787 Stuart Diamond Environment / Energy Writer
- Eleanor L. Frucci, Esq.
NEWSDAY Atomic Safety and Licensing Long Island, New York 11747 Board Panel U.S. Nuclear Regulatory Commission Stephen D. Latham, Esq.
Washing ton, D.C.
20555
- Twomey, Latham & Shea P. O. Box 398 33 West Second Street Riverhead, New York 11901 1
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- Herbert H. Brown, Esq.
Lawrence Coe Lanpher, Esq.
~Karla J. Letsche, Esq.
1900 M Street, N. W.,
Suite 800 Washington, D. C.
20036 Spence Perry, Esq.
Associate General Counsel Federal Emergency Management Agency Washington, D. C.
20472
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ZAHNLEUTER Assistant to the'Special Counsel to the Governor of the State
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of New York Executive Chamber State Capitol Albany, New York 12224
- By Hand l'
'**By Federal Express
- By Telecopier
- By U.S. F.xpress Mail l
~ Albany, New York l
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