ML20112D619

Intervenor Exhibit I-SC-LP-21,consisting of Expressing Opposition to Util 830225 Request for Extension of Completion Date on CP & Suffolk County 1983 Resolution 111

ML20112D619
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/01/1984
From:	Brown H KIRKPATRICK & LOCKHART
To:	Harold Denton Office of Nuclear Reactor Regulation
References
I-SC-LP-021, I-SC-LP-21, OL-4, NUDOCS 8501140402
Download: ML20112D619 (9)

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L-I ~ 'faifo ouvaa scuaore rat.am emomoe stra trt waman's nreacT Daar stnaama L-FrTtemenest,rszwevLvaJr1A assee (ana)ase eaoo Mr. Harold R. Denton Director of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.

20555 N Re:

Shoreham Nuclear Power Station - Unit 1 Construction Permit No. CPPR-95; NRC Docket No. 50-322

Dear Mr. Denton:

By letter dated February 25, 1983 (SNRC-848), Long Island Lighting Company ("LILCO") requested that the Commission, pursuant to 10 C.F.R.

Sec. 5 0.55 (b), extend the completion date for the Shoreham plant stated on the subject Construction Permit ("CP")

from March 31, 1983 to December 31, 1983.

On behalf of our client, Suffolk County, New York, we submit that the LILCO request cannot lawfully be granted and the CP must expire on March 31, 1983, the completion date stated therein.

Both 10 C.F.R.

Sec. 50.55, and the statutory provision which it implements, Section 185 of the Atomic Energy Act of 1954, as amended (the "Act") (42 U.S.C.

Sec. 2235), require that each construction permit state the latest date for completion of construction, and that if construction is not completed by that date, the permit onall expire and all rights there-under shall be forfeited:

Provided, however, that upon good cause shown the Commission will extend the completion date for a reasonable period of time. C.F.R.

Sec.

50.55(b).

LILCO's letter of February 25 does not show, and LILCO cannot possibly show, " good cause" for extending the completion date for Shoreham, because no operating license for the Shoreham plant can lawfully be issued by the NRC.

For the reasons set forth below, the Shoreham plant is ineligible to receive an operating license and, therefore, will not operate.

Accordingly, there is no " good cause" for the NRC to authorize continued construction of 8501140402 840001 PDR ADOCK 05000322 0

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the inoperable Shoreham plant.

Indeed, to the contrary, there is now compelling good cause not to extend the Shoreham completion date.

The NRC's regulations, 10 C.F.R. Sections 50.33(g) and 50.47(a), expressly require, as a precondition to the issuance of an operating license for the Shoreham plant, that the NRC's findings on emergency pr,eparedness be based, inter alia, on the

, radiological emergency response plan of the " local governmental entity," which in this instance is Suffolk County.

However, i

i after a comprehensive, year-long program of analyses, studies, and surveys, Suffolk County has resolved that it will.not adopt or implement a local radiological emergency response plan.

See Suffolk County Resolution No. 111-1983, attached hereto.

Because there is and will be no radiological emergency response plan of i

Suffolk County, the regulatory prerequisites for issuance of an j

operating license for the Shoreham plant cannot and will not be met.

LILCO's February 25 letter does not even address this fundamental barrier to any showing of good cause for the extension of the Shoreham completion date.

Instead, LILCO merely recites r

1 a list of factors which it alleges have caused and are causing completion delays.

These factors, however, do not and, indeed, l

cannot constitute " good cause" for extending the completion date of a nuclear power plant whose construction has become an exercise in futility.

Since Shoreham cannot operate, LILCO's CP l

"shall expire and all rights thereunder shall be forfeited" on March 31, 1983, as. required by Section 185 of the Act and 10 C.F.R.

l Sec. 50. 55 (b).

You may be aware that Suffolk County has filed a motion to terminate the Shoreham operating licensing proceeding, based upon the non-existence of a Suffolk County' radiological emergency response plan, and has requested that the motion be certified for decision by the Commissioners.

Because the expiration of the f

CP is related to matters discussed in the County's motion, it would seem appropriate for the Commissioners to address the issue i

raised in this letter.

Accordingly, we would appreciate your l

forwarding this opposition to LILCO's request for an extension of l

its Shoreham completion date to the Commissioners for their early consideration.

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March 15, 1983-Page Three at.

Respectfully submitted, David J. Gilmartin Patricia A.

Dempsey Suffolk County Department of Law

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Hauppauge, New York 11788 D

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terbert H.

Brown

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Lawrence Coe Lanpher Alan Roy Dynner KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.

Washington, D.C.

20036 cc:

NRC Commissioners Service List S

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..tro. Rec. No. 1196-83

._troduced 'by LegiclGtt:ro Wehicnbcrg, Carecsppa, D' Andre, Geico, Allgrova, Bacha Pro pect; Folsy, NalEn, BlcO9, Rizzo' 'L2 Bun, Devine, Hariton, Beck y mg -

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's RESOLUTION NO. 111 - 1983, CONSTITUTING THE FINDINGS AND DETERMINATIONS OF SUFFOLK COUNTY ON WHETHER

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TO A RADIOLOGICAL ACCIDENT AT THE SHOREHAM NUCLEAR POWER STATION CAN PROTECT THE HEALTH, WELFARE AND SAFETY OF THE RESIDENTS OF SUFFOLK COUNTY WHE REAS, Suffolk County has'a duty under the Constitution of the State of s; York,. the New York State Municipal Home Rule Law, and the Suffolk County 2arter to protect the health, safety, and welfare of the residents of Suffolk

nnty; and

WHEREAS, the Long Island Lighting Company ("LILCO") is constructing and mirca to operate the Shoreham Nuclear Power Station ("Shoreham"),

located on

=t north shore of Long Island near the town of Wading River, a location which

within the boundaries of Suffolk County; and

WHEREAS, a

serious nuclear accident at Shoreham could result in the seasa of significant quantities of radioactive fission products; and

WHEREAS, the release of such radiation would pose a severe hazard to the

alth, safety, and welfare of Suffolk County residents; and

UHEREAS, in recognition of the effects of such potential hazard posed.by archmn on the duty of Suffolk County' to protect the

health, safety, and ifare of its citizens, this Legislature on March 23, 1982, adopted Resolution n 262-1982, which directed that Suffolk County prepare a " County Radiological

'mrgancy Response Plan to serve the. interest of the. safety, health, and welfare' cthn citizens of Suf folk County.. "; and WHEREAS, in Resolution 262-1982, the Legislature determined that the plan

,:zelopsd by the County "shall not be operable and shall not be deemed adequate i

cepable of being implemented until such time as it is approved by the

folk County Legislature"; and

WHEREAS, in adopting Resolution 262-1982, the Legislature found that clier planning efforts by LILCO and County planners (the

" original planning l 22')

were inadequate because they failed to address the particular problems

! sed by conditions on Long Island and further failed to account for humar.

i :22vior during a

radiological emergency and the lessons of the accident at 22e Mile Island; and

WHEREAS, on March 29, 1982, Peter F.

Cohalan, Suffolk County Executive, l

ing to implement Resolution 262-1982, by Executive Order established the 1 : folk County Radiological Emergency

Response

Plan Steering Committee

! 'teering Committee") and directed it to prepare a County plan for submittal to 1 2 County Executive and County Legislature; and WHEREAS, the Steering Committee assembled a group of highly qualified and nonally recognized experts from diverse disciplines to prepare such County

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WHEREAS, cuch highl gunlificd exp;rto wor:

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dilig;nt and od:cicntioua offort ct a cact in.cxcaca of -$500,000 to prcpera tha bent

.ocaible plan for suffolk County, and particularly to ensure that such plan took

.nto account.all particular physical and behavioral conditions on Long Island

.hnt affect the adequacy of the emergency response plan; and

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.m WHEREAS, the analyses; studiesi' and surveys of such~ experts includedi" '

(a)

Detailed analyses of the possible releases o~f radiation from Shoreham;

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(b)

Detailed analyses of,.the radiological health consequences of such radiation release on the population of Suffolk

County, giventhe meterological, demographic, topographical, and other specific local conditions on Long Island; (c)

A detailed social survey of Long Island residents to determine and assess their intended behavior in the event of a

serious accident at Shoreham; (d)

A detailed survey of school bus drivers, volunteer firemen, and certain other emergency response personnel to determine whether emergency personnel intend to report promptly for emergency

' duties, or instead to unite with their own families, in the event of a serious accident at Shoreham; (e)

Detailed estimates of the number of persons who would be ordered to evacuate in the event of a serious accident at

Shoreham, as well as the number of persons who intend to evacuate voluntarily even if not ordered to do so;

( f)

Detailed analyses of the road network in Long Island and the time 3

required to evacuate persons from areas affected by radic, tion releases; 1

(g)

Detailed analyses of the protective actions available to Suffolk l

County residents to evacuate or take shelter from such radiation releases; and 1

(h)

Analysis of the lessons learned from the accident at Three Mile Island on local government responsibilities to prepare for a

radiological emergency; and WHE RE AS, on May 10, 1982, LILCO, without the approval or authorization of Lhe Suffolk County Government, submitted to the New York State Disaster freparedness Commisssion -

("DPC")

two volumes entitled "Suffolk County f adiological Emergency Response Plan" and containing the original planning data, s

further revised and supplemented by LILCO, and requested the DPC to review axi approve such LILCO submittal as the local radiological emergency response blan for Suffolk County; and

WHEREAS, in Resolutions 456-1982 and 457-1982, the County further hddressed the matter of preparing for a radiological emergency at Shoreham and imphasized that:

(a)

The LILCO-submitted document was not and will not be the County's l

Radiological Emergency Response Plan; and i

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(b)t Th3 Cnunty'O idiolcgical Em3rgsncy R31 nCa Planning Policy, cs Cnunciatcd in R3;olutien-456-1982, is no follows:

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Suffolk County shall? not assign funds or personnel _to test or implement any radiological. emergency response plan for the Sho,reham ~ Nuclear Plant:unlessethat plan has been fully developed.

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to the best of the County's ability e-Suffolk, County;.shall; not assign funds or personnel to test or implement any radiological ~ ' emergency response plan for' the Shoreham Nuclear Plant unless that plan has been subject of at least two public hearings, one to be held in Riverhead, and one to be held in Hauppauge.

Suffolk County shall not assign funds or personnel to test or implement any radiological emergency response plan for the Shoreham Nuclear Plant unless that plan has been approved, after public hearings, dar the suffolk County Legislature and the County Executive; and

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WHEREAS, on June 9, 1982, the DPC rejected the LILCO-submitted document for thn reason that it was deficient; and

WHEREAS, on October 6,

1982, LILCO, again without the approval or authorization of the Suffolk County Government, submitted to the DPC an amended version of the previously submitted LILCO document which had been rejected by.

ho DPC; and

WHEREAS, on December 2,

1982, the Draft County Radiological Emergency 2csponse Plan authorized by Resolution 262-1982 was submitted to the County Legislature for review and public hearings as specified in Resolutions 262-1982, 456-1982, and 457-1982; and

WHEREAS, in January

1983, the Legislature held hearings on the Draft County plan, wnich hearings included:

(a)

More than 1,590 pages of transcripts; l

(b)

Detailed written statements and oral testimony of County expert consultants who prepared the Draft County plan; (c)

Detailed written statements and oral testimony of LILCO officials and expert consultants retained by LILCO; (d)

Detailed written statements and oral testimony of the Suffolk County Police Department, the County Health Department, the County Social Services department, and the County Public Works Department, all of which would have indispensable roles in responding to a radiological emergency at Shoreham; (e)

Detailed written statements and oral testimony of organizations in Suffolk County concerned with radiological emergency preparedness; and (f)

Extensive presentations by hundreds of members of the general public; and 1

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WHEREAS, members of he Lsgiolatura also tra' ilatd to end held public taringa in the vicinity of tha Three Milo Island Nuclear. Power. Plcnt to gain

-formation.on the lessons to be learned by local governments..from the accident

Three Mile Island; and :

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_ HEREAS,a the. Draft;.CountyJ plan.. identifies, evacuation and protective nitsring as' the{ itwo" primary ~ protective actions ~ ' which would need to be glemsnted in the event of-a serious accident at Shoreham; and

WHEREAS, evacuation-of' Suffolk Coun~ty residents in the event of a diological emergency could take as much ~ time as 14-30 hours because of various

ptors, including:

the limited,. number of appropriate evacuation routes in

_ffolk County; difficulties in mobilizing police and other emergency personnel;.

_fficulties ensuing from spontaneous evacuation of large numbers of County <

sidents, thus creating severe traffic congestion; and unavilability of

_ ternate evacuation routes for persons residing east of Shoreham and thus the

.cessity for such persons during an evacuation to pass by the plant and

ssibly through the radioactive plume; and N

WHEREAS, evacuation times in excess of 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> and certainly acuation times in the range of 14-30 hours will result in virtual

mobilization of evacuation and high exposure of evacuees to radiation such

2t ovacuees' health, safety, and welfare would not be protected; and

WHEREAS, protective sheltering is designed to protect persons from

=essive radiation exposure by such persons staying indoors until radiation tih the greatest danger to health has passed; and l

WHEREAS, if protective sheltering were ordered for Suffolk County j :sidents, unacceptable radiation exposure would still be experienced by l :2stantial portions of the Suffolk County population, thus making it impossible

provide for the health, welfare, and safety of these residents; and

WHEREAS, the document submitted by,LILCO to the DPC without County i :=roval or authorization is deficient because it does not deal with the actual

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a1 conditions, physical and behavioral, on Long Island that would be i : countered during a serious nuclear accident at Shoreham; and

WHEREAS, the document submitted by LILCO to the DPC without County

proval or authorization does not ensure that effective protective action by

rsons subject to radiation exposure, in the form of evacuation or sheltering, rald be. taken in event of a serious nuclear accident at Shoreham, and thus such

ument, even if implemented, would not protect the health, safety, and welfare

Suffolk County residents; and

WHEREAS, the extensive data which the Legislature has considered make 2ar that the site-specific circumstances and actual local conditions existing Long

Island, particularly its elongated east / west configuration

which, quires all evacuation routes from locations east of the plant to pass within a

ne of predicted high radiation, the ineffectiveness of protective sheltering, severe traffic congestion likely to be experienced if a partial or complete; cuation were

ordered, and the difficulties in ensuring that emergency

sonnel will promptly report for emergency

duties, preclude any emergency sponse

plan, if implemented, from providing adequate preparedness to protect u health, welf are, and safety of Suffolk County residents; now, therefore, be

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RESOLVED, thnt tho a ft County plan cubmittco tho County Legic1cture d Dechmbeh 2,1982, if.impicmented, would not pretcct the h0alth, welfara, cnc

,faty of Suffolk County ' residents ' and thus is 'not approved and will not b<

mpicmsnted;^and be'it further' RESOLVED,~

that the document submitted by LILCO to the DPC without the unty approiai 3E authorizationi if implemented, would not protect the

health, ifaro, and safety of Suffolk residents and thus will not be approved and wil]

ot be implemented; and be it further

RESOLVED, that si'nce no local radiological emergency response plan for a

<crious nuclear accident at Shoreham will protect the

health, welfare, anc afoty of Suffolk County residents, and since the preparation and implementatior f any such plan would be misleading to the public by indicating to County

.esidonts that their health, welfare, and safety are being protected when, in

.act, such is not the case, the County's radiological emergency planning process e

hareby terminated, and no local radiological emergency plan for response te n accident at the Shoreham plant shall be adopted or implemented; and be it eurther N

RESOLVED, that since no radiological emergency plan can protect the calth, welfare, safety of Suffolk County residents and, since no radiological morgency plan shall be adopted or implemented by Suffolk County, the Count) xacutive is hereby directed to take all actions necessary to assure that ctions taken by any other governmental agency, be it State or Federal, are onsistent with the decisions mandated by this Resolution.

)ATED: February 17, 1983 APP c

BY:

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Me Countf Executive of Suf folk County Date of Approval:

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