ML20112E500
| ML20112E500 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/18/1984 |
| From: | Axelrod D NEW YORK, STATE OF |
| To: | Brenner L Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20105B226 | List: |
| References | |
| FOIA-84-250 NUDOCS 8501150164 | |
| Download: ML20112E500 (2) | |
Text
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12226 David Axelrod, M.D.
rag vito J. caneliano Chairman Secretariat Raymond B. Harding Vice Chairman Hon. Lawrence Brenner Atomic Safety and Licensing Board U.S. A. Nuclear Regulatory Commission Washington, D.C. 20555 Re:
In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-0L
Dear Mr. Brenner:
m Counsel for the State Invervenor has forwarded to me your Memorandum Requesting Submission of Views of New York State on Emergency Planning, dated February 28, 1983.
I have set forth below the State's responses to the three requests for clarification stated on page-three of your memorandum:
1.
Your request number one implies that the State should give an opinion with respect to the possi:ility of evacuation plans by either Suffolk County or the State itself.
Is there any reason why the question should not be expanded to include the possibility of federal action as providpd for in section five of the recently enacted P.L.97-415?
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2.
In response to your request number two, the State continues to believe that the State, as well as the federal government, may play some role in achieving an accommodation between Suffolk County and LILCO.
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Mr. Brenner '
3.
In response to your request number three, the LILC0 plan assumes implementation by Suffolk County which has specifically rejected the possibility of implementing any plan.
Therefore, State review would be unavaiIing in any event.
However, under P.L.97-415, the federal government, in the absence of a state or local emergency preparedness plan and at the request of the utility, appears to have the option of determining that "there exists a State, local or utility plan which provides reasonable assurance that public health and safety is not endangered by operation of the facility concerned."
(Emphasisadded).
V y ruly y rs, M
David Axelrod, M. D.
Chairman O
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Subject:
Freedom of Information Act Request Gentlemen: On behalf of our client, Suffolk County, we request, pursuant to the Freedom of Information Act, as amended, 5 U.S.C. 552 ("FOIA"), and the rules of the Nuclear Regulatory Commission ("NRC") issued thereunder, 10 C.F.R. Part 9, copies of: 1. All correspondence, memoranda, telephone logs, meeting notes, schedules, and other written materials in the possession or control of the NRC, whether in the Commissioners' offices, the Office of General Counsel, Office of Policy Evaluation, the Office of the Executive Director of Operations, or any other NRC office, which relate to communications, whether by telephone, in person, by correspondence, or any other means, between any NRC personnel or other federal government personnel and any person or organization, including federal agency personnel, concerning the Long Island Lighting Company ("LILCO") or the Shoreham Nuclear Power Station ("Shoreham"). Without limiting the scope of this request, but merely to assist the NRC in its search, the materials that we are requesting may include the following: a. All materials that relate to communications between NRC personnel or other federal agency personnel with LILCO personnel or representatives, including William Catacasinos, Chairman of LILCO's Board of Directors, k !D h 1
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KIBMPATRICE, tOCMMART, Hat.x., CunnsroPumm & PHILLTPM 2. b. All materials that relate to communications between NRC personnel concerning LILCO or Shoreham with personnel or representatives of: (1) the Executive Office of the President; (2) 'the Office of Science and Technology; (3) the Office of Management and Budget; (4) the Department of Energy; (5) the Office of Technology Assessment; (6) the Federal Emergency Management Agency; (7) members of Congress or Congressional staff; (8) any other federal or state agencies; (9) any other persons or organizations 2. All materials relating to the Regional Assistance Committee's ("RAC") review of LILCO's Transition Plan.for offsite response to a radiological emergency at Shoreham. The NRC need not provide us with a copy of LILCO's Transition Plan. 3. All materials relating to that part of a memorandum from Nunzio J.-Palladino to the NRC Commissioners dated March 20, 1984, concerning licensing delays involving Shoreham, including, but not limited to, a proposal from NRC's Office of General Counsel for an expedited hearing on the diesel issue, and any . responses to the memorandum. In the event that access is denied to any part of the requested materials, please supply the following information: a. Identify the withheld or deleted material and specify the statutory basis for the denial, as well as your reasons for believing that an exemption applies, as required by 10 C.F.R. S 9.10(b). b. Segregate the nonexempt from the allegedly exempt portions of all materials and release the former, as required by 10'C.F.R. 5 9.5(b). s
a v EtREPATRICK IADCMMART, U11.L, CHRISTOPHER & Pn LLrrs 3. c. Supply a detailed statement of the content of the withheld or deleted material, along with the date on which the material was written; its title or section heading; its author; the author's title; and an identification of any persons or entities who 1. ave received copies of such material, as required by applicable case law. Vaughn v. Rosen, 484 F.2d 820, 826-27 (D.C. Cir. 1973), d. Separately state your reason (s) for not invoking your discretionary power to release the allegedly exempt mate-rials. 10 C.F.R. @ 9.9. The' undersigned is willing to inspect the requested material prior to its reproduction in order to identify specific material for reproduction. The undersigned will pay charges for search time and copying fees, as provided by Commission regulation 10 C.F.R. 5 9.14. If search and copying fees *o be incurred by the undersigned will exceed $500.00, please notify the undersigned before this sum is exceeded. We expect to receive your response to this FOIA request within ten (10) working days of your receipt of this request, as required under the FOIA and as set out a 10 C.F.R. 9.8. Sine r ly, Robert R. Belair' 't O t a L. ... _ _ _ _ _ _ _ _ _ _ _ _,}}