ML20112H413

Requests DOE Immediately Cease All Efforts to Lobby,Force or Otherwise Influence Actions or Decisions of NRC &/Or FEMA Re Facility.Article in 850327 New York Times Cited.Related Correspondence

ML20112H413
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/28/1985
From:	Brown H KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SUFFOLK COUNTY, NY
To:	Herrington J ENERGY, DEPT. OF
References
CON-#285-333 OL, NUDOCS 8504020249
Download: ML20112H413 (2)

Text

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March 28, 1985 HAND DELIVERED m

The Honorable John S. Herrington Secretary er**'TMUMBER $

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Department of Energy PROD. & UTIL FAC 1000 Independence Avenue, S.W.

Forrestal Building Washington, D.C. 20585

Dear Mr. Secretary:

I am writing on behalf of Suffolk County and, with the specific authorization of the Special Counsel to Governor Cuomo, Fabian G. Palomino, Esq., on behalf of the State of New York. The County and State wish to raise an important legal issue which has been presented by an article in the New York Times, dated March 27, 1985.

Documents identified by the Times article disclose efforts of the Department of Energy to influence the outcome of the Nuclear Regulatory Commission's proceedings concerning the Shoreham nuclear power plant. We refer you, particularly, to the following quotations from two of the DOE documents:

-- " Lobby NRC and FEMA to amend, t r. te r p r e t , issue optr:.cr or adopt presumptions regarding their regulations and rules which are favorable to DOE's policies."

-- " Force NRC and FEMA to accept (change rule?) utility exercise of EP without local cooperation on presumption that local authorit/ will act in real emergency."

The NRC's proceedings concerning the Shoreham plant are adversarial and subject to the legal strictures of the Admin-istrative Procedure Act for open, on-the-record adjudication.

The approach of DOE to " lobby" and " force" the NRC to act for DOE's off-the-record advantage is improper. Indeed, a DOE strategy predicated on secretlyis " lobbying"toand distasteful and " forcing" disruptive theof NRC to follow DOE's orders the orderly process of law.

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, i KIRKPATRICK & LOCKHART The Honorable John S. Herrington March 28, 1985 Page Two Similarly, FEMA participates in the NRC's adjudicatory proceedings as a purportedly impartial evaluator of facts and issues presented by FEMA in testimony made openly on-the-record.

For DOE to " lobby" and " force" FEMA to issue opinions and interpretations " favorable to DOE's policies" is an abberation of the lawful adjudicatory process.

The documents described in yesterday's Times article give New York State and Suffolk County, as parties to the NRC's adjudicatory proceedings, good cause to believe that their rights have been prejudiced by DOE's off-the-record efforts to influence the NRC's Shoreham proceedings. Accordingly, t New York State and Suffolk County hereby request that DOE immediately cease all efforts to lobby, force, or otherwise influence actions or decisions of the NRC or FEMA concerning the Shoreham nuclear power plant.

truly yours,

' MW

<Herbert H. Brown ^

l cc: Fabian Palomino, Esq.

John Gallagher, Chief Deputy -

Suffolk County Executive NRC Service List l

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