ML20112H270
| ML20112H270 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/28/1985 |
| From: | Brown H KIRKPATRICK & LOCKHART |
| To: | Jett G Federal Emergency Management Agency |
| References | |
| CON-#285-332 OL, NUDOCS 8504020195 | |
| Download: ML20112H270 (3) | |
Text
33A wnt.o KIRKPATRICK & LOCKHART e
1900 M STREET. N.W.
WASHINGTON, D C. 20036
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0 05) 3744 12 12 otAu sVII. DING HERBERT H. RoWN PtTTssUncN rA 15:22 o * *524005 March 28, 1985 +
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~ '9-George Jett, Esquire General Counsel
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Federal Emergency Management Agency Washington, D.C.
20472
Dear Mr. Jett:
This is in furtherance of my letter to you dated March 15, 1985, restating Suffolk County's objection to involvement by FEMA in any activity that directly or indirectly relates to an exer-cise or " tabletop exercise" of LILCO's proposed offsite emergency plan for the Shoreham nuclear power plant.
Please note that the second-to-last sentence of my March 15 letter inadvertently refers to LILCO's plan as " FEMA's."
For the record, therefore, a copy of the letter with the correction is enclosed.
Moreover, in a letter to the NRC dated February 8,
- 1985, LILCO requested the NRC's help "in creating an opportunity for cognizant LILCO personnel to meet at the earliest possible date with their FEMA counterparts for a technical meeting on offsite matters including the possibility of a table top exercise.
For several reasons, there is no legitimate basis for such a
" meeting" of FEMA with LILCO.
First, the subject matter proposed by LILCO for the meeting is LILCO's implementation of its offsite emergency plan.
On February 20, 1985, the New York State Supreme Court held that LILCO's implementation of its plan is unlawful.
Therefore, it would be out of order for FEMA to meet with LILCO to discuss the commission of this unlawful act.
Second, President Reagan stated in October 1984 that his Administration "does not favor the imposition of Federal govern-ment authority over the objections of State and local governments regarding the adequacy of an emergency evacuation plan for a nuclear power plant such as Shoreham."
New York State and Suffolk County object to any form of exer.cise of LILCO's offsite emergency plan.
Thus, for FEMA to act in' furtherance of such an exercise would be to repudiate,the President's position.
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KIRKPATRICK & LOCKHART George Jett, Esq.
March 28, 1985 Page 2
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l Finally, FEMA holds a special position in the NRC's adjudi-catory process as a purportedly objective evaluator of facts and issues that have great public safety significance.
It would create a distasteful impression for FEMA to meet privately with LILCO on any subject which aids LILCO's pursuits before the NRC.
The past two months have seen a proliferation of letters from LILCO asking for what amounts to nothing but a favor from FEMA.
It is clear that LILCO wants from FEMA any kind of forum
-- an " exercise," or " tabletop exercise," or just a meeting to discuss "the possibility of a tabletop exercise" -- for an undisclosed purpose that suits LILCO's private goals.
- FEMA, however, is not at liberty to abet LILCO's private goals.
FEMA is duty-bound to serve the public good and, particularly, to obey f
the law.
Fostering LILCO's proposed exercise would not be lawful.
Therefore, we request that FEMA state with finality that it will not agree to LILCO's " technical meeting on offsite matters including the possibility of a table top exercise" or any other discussion of subject matters which are contrary to law.
Sincerely, N
Herbert H.
Brown HHB:so Enclosure cc:
Mr. John C. Gallagher, Chief Deputy Suffolk County Executive Mr. Richard Krimm Service List r
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l KIRKPATRICK & LOCKHART e
f 19c0 M 511LIIT N.C.
WASHINGTON. D.C. 200M "Nm f
CORRECTED VERSION 7,,"j" '"
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% PL liiJa m nsens HEREERT H. BROWN March 15, 1985 Omrge Jett, Esq.
General Counsel Federal Emergency Management Agency 500 C Street, S.W.,
Room'840 Washington, D.C.
20472
Dear Mr. Jett:
On February 20, 1985, the New York State Supreme Court does ruled that the Long Island Lighting Company (LILCO) not have authority under the Constitution and laws of the State of New York to implement the. company's proposed off-site radiological emergency plan for the Shoreham nuclear power plant.
A copy of this decision is enclosed.
Given that LILCO's implementation of its plan is unlawful, Suffolk County would consider any action of fosters or approves an exercise of LILCO's plan FEMA that Accord-to be the furtherance of an unlawful objective.
ingly, the County would object to FEMA observing or in or lending any other way participating in, witnessing, support or credibility to any form of exere:.se of X%EttX LILCo's plan.
In this regard, enclosed is a letter'frcm :he to the NRC.
Chief Deputy Suffolk County Executive Sincerely, h
Herbert H.
Brown cc:
John C. Gallagher Chief Deputy Suffolk County Executive NRC Service L s:
Attachments (2)
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