ML20127G985
| ML20127G985 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/06/1984 |
| From: | Wynne J LONG ISLAND LIGHTING CO. |
| To: | Eselgroth P NRC |
| Shared Package | |
| ML20127B461 | List: |
| References | |
| FOIA-85-190 IEC-80-05, IEC-80-5, NUDOCS 8506260164 | |
| Download: ML20127G985 (5) | |
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MEMORANDUM FOR:
Richard W. Krim Assistant Associate Director 5
Office of Natural and Technological Hazards y"
Federal l Emergency lpanagement Agency FROM:
Edward i.. Jordan Director Division of Emerger. icy Preparedness and Engineering Response T
Office of Inspection and Enforcement 2y.
SUBJECT:
SHOREHAM EXERCISE '
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p Enclosed is a letter dated November 14, 1984 frna John D. Leonard, LILCO, to Harold R. Denton, NRC.'regarding an exercise which LILCO has proposed for the week of February 11, 1985. The objective of the proposed exercise is the demonstration of the Shoreham Emergency Preparedness Plan and the Local Emergency Response Organization (LERO) Plan which is referred to as the Transition Plan.
In a letter to FEMA ifsted June 1,1983.which was subsequently siodified in a letter dated June 17, 1983, the NRC requested FEMA to provide separate findings on whether the LILCO Transition Plan is adequate, whether it is capable of being implemented and whether LILC0 has the ability to implement the plan.
These findings were requested by the NRC in connection with our continuing review of Shoreham's request for an operating license for full power. FEMA has provided findings to the NRC relating to.the adequacy of the Transition Plan in several letters, the latest of which is dated November 15, 1984.
This letter indicated that of the 32 inadequacies identified in a previous review of the Transition Plan, 8 remain inadequate.
FEMA's letter also identified those aspects of the plan, including some of the menining inadequacies, where legal authority issues continue to be of concern.
j When an exercise is ~ reposed by an applicant, the nonnal practice of our two agencies is to review the submitted objectives, provide coments to the involved parties and prepare to observe and evaluate the scheduled exercise.
In this instance there are outstanding plan inadequacies and legal authority issues.
. Accordingly, we are 'tr'ansn.itting this rdquest for your infonnation and request that FEMA take the lead in any prelimiliary consideration of this matter.
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e Richard W. Krimm We are enclosing letters to the NRC from Governor Cuomo and John C. Gallaylier.
Chief Deputy County Executive for Suffolk County, wherein they oppose the conduct of the exercise proposed by LILCO because of questions involving the legal authority of LILCO to implement its offsite plan. We will provide you a copy of our responses.
Picase keep uc informed of all developments regarding this effort since NRC resources in support of our review of the Shoreham application may be impacted.
Edyrrd L. Jordan. Director Division of Emergency Preparedness and Engineering Response Office of Inspection and Enforcement
Enclosures:
1.
Ltr. from J. D. Lconard to H. R. Denton, dtd 11/14/84 2.
Ltr. from Governor Cuomo to H. R. Denton, dtd 11/29/84 3.
Ltr. from John C. Gallagher to 0
H. R. Denton, dtd 11/28/84 9
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17 5 EAST OLO COUNTRY ROAD
- H t C K S V I L L F.. NEW YORK 11801 February 22, 1985 SNRC-ll52 Mr. Harold Denton Director, Office of Nuclear Reactor Regulations U. S. Nuclear Regulatory Commission Washington, D. C.
20555
Dear Mr. Denton:
Pursuant to our notification to you of November 14, 1984, the Long Island Lighting Company (LILCO) has been undertaking steps preparatory to conducting a graded exercise for the Shoreham Offsite Emergency Plan.
We are now working toward holding a tabletop exercise of the LILCO Transition Plan in early March, and hereby extend an invitation to the Commission staff to observe the conduct of this exercise.
At the same time, under the NRC-FEMA Memorandum of Understanding on emergency planning, we request that you extend on our behalf an invitation to FEMA to observe the tabletop exercise as well.
We will advise both your staff and FEMA of the exact date, time and place of the tabletop exercise, and look forward to your early response to this request.
Sincerely, C
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Vice President
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Iuclear Operations cc:
Mr. Richard W. Krimm Federal Emergency Management Agency
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Room 506 500 C Street, S.W.
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MAY 2 864 Docket No. 50-322,
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MEMORANDUM FOR:
A. Schwencer, Chief Licensing Branch No. 2 Division of Licensing FROM:
R. Caruso, Project Manager Licensing Branch No. 2, Division of Licensing 4
FORTHCOMING MEETING WITH LONG ISLAND LIGHTING COMPANY
SUBJECT:
(LILCo)~- TO BRIEF FEDERAL EMERGENCY MANAGEMENT AGENCY REGION II REGIONAL ASSISTANCE COP 9tITTEE ON THE SHOREHRt 0FFSITE EMERGENCY PLAN DATE & TIME:
Friday, May 11, 1984
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10:00 AM LOCATION:
Federal Emergency Management Agency
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Region II 26 Federal Plaza New York, New York 10278
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For the representatives of the Long Island Lighting Company PURPOSE:
(LILCo) to brief representatives of the Federal Emergency Management Agency (FEMA) Region II Regional Assistance Comittee (RAC) on the LILCo proposals to remedy the deficiencies identified by the RAC in the LILCo offsite i
FEMA emergency 9 4n for the Shoreham Nuclear Power Station.
is coorf.na'ing the review of the LILCo offsite plans and is cor M i g <iis meeting in response to a request from the Nusle,f (. 4 atory Comission (NRC) in accordance with Section II(Q of o.4 November 1,1980 NRC/ FEMA Memorandum of Understanding.
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. PARTICIPANTS *:
NRC LILCo FEMA R. Caruso, et al.
C. Daverio, et al. Members of Region II RAC htbW eR. C3ruso, Project Manager Licensing Branch No. 2 Division of Licensing cc: See next page
- This meeting is open for interested nembers of the public, petitioners, intervenors, or other parties to attend as observers pursuant to "Open Meeting 28058,6/28/78.
Statement of NRC Staff Policy", 43 Federal Register
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r STATc or New YORK Executive CHAMBER ALBANYitt24 MARIO M. CUOMO Gowremoe November 29, 1984
Dear Mr. Denton:
By letter dated November 14, 1984, the Long Island Lighting Company requested that you forward to FEMA materials "to support a graded exercise which LILCO is planning for the week of February 11, 1985."
This is to advise you that New York State is opposed to any such exercise and to request that the NRC not aseist or cooperate in such an exercise over the objections of New York State.
LILCO's desire to implement its off-site emergency evacuation plan would be unlawful under the constitution and the laws of the State of New York.
Both New York State and Suffolk County have filed a consolidated law suit against LILCO which is pending in the State Supreme Court in order to secure a conclusive judicial ruling to that effect.
It is our view, therefore, that LILCO's exercise of its plan would be a premature pursuit of an unlawful objective.
It would also constitute an affront to the sovereignty of the State of New York.
Given the posture of that case before the courts, as well as the continuing position of Suffolk County that an effective emergency evacuation plan for a nuclear accident at Shoreham is impossible, I ask that you reject LILCO's request to transmit any exercise material to FEMA and that you refrain from taking any steps which contribute to a usurpation by LILCO of the police powers of Suffolk County and the State of New York.
Such rejection on your part would be consistent with Administration l
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Mr. Harold Denton November 29, 1984 policy as expressed in a letter kritten by President Reagan to Congreisman Carney, dated October 11, 1984, a copy of which is annexed.
Sincerel
- yours, IA
,l Mr. Harold Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission 7920 Norfolk Avenue, Room P-4D4A Bethesda, Maryland 20814 t
Enclosure i
7HE WHITE Hot SE Sve nsus nu.
Cetober 11,.Jpse e
Dear Bills,
I want 1cu to knew cf I.) appreciation for your continuing contributies:s to and suppr,rt f or my Administrntion.
Your leadership end ecurave " nave been detemining ft.eters in the progress wri h:ve nade in the lat.t it.w years.
On a matt.er of Particular concern.to you and the.
people cf rasterre 1er.g Island, I wish to repeat Secretary Medt 1's assurance to you thet. this Administration does not f avor the imposition of rederal covernmer.t authority over the objections of state and 1ccal govarre.ents in matters regarding the adequacy of an. e:nergency evacuation.
p3an for a nucient pouer plant such.ac Shcrehar..
Your ccncern fer t.hw safety of the people of Ler.g "slar.d is parsecunt and shared by the Secretary ar.d me.
'Thank. you :.gair. for your support..
I lock ferut.rg to wrking with ycu in the years ahead.
Sincerely,.
The 7!cnerable Hillite carnev Noure ci heprc rer.tatives Vashingten, D.C.
20515
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g 7tarcrahle W11.11m Ch:Twy hse of Fepresentatives kshingtan, D. C.
20515 Dn.ar Bill:
I want to take this e L:r.ity to update you cri cur activitias rega.-f.ing the gheraham nuclear p:wer plar.t. AA w assured ycu last spring anf at ot.%: ti, es whe.n w discussed the emnearns of the citizens of leng Islard regarding Ehcragsn, the Departr:ent of Energy does tot favor the Arvosition of Fade.ral Gcrve.=. ment autycrity ever the objections of any stata ard local gc9erntent in inatta:s regarding the a$egacy of an ene.rgency evacuation plan for.a ruelaar pcs.ar plant such as Shcrahrn.
cur pesition is clear. De Reagan A&dnistration has always had faith in the ability of Anarican citise.ns and local elected officials to hardle the prob:ce which ccr. front then di.rectly.
As are of Iong Islard's nest capable ard vigorous electad officials, ycur advice ard eeunsel rugarding ernrgy ard iss-de policies which affect the future of your constituents have been extravely valuable to President 7tengan ard no.
As 2 mentioned to you narliar this year when ycu he:ught in irdastrial, Ish:2, ard Ctwerment lendars of t.% First District to visit with ne, you have kees a vigorous a.+. ccata of the 3.ntarests of long Is2ard, especially in behalf of R:tekhaven National Idderatory ani ether Federal facilities.
2 Icek forwn.r* te y:ur centire.nd wise ecunsel cr. the.se ard othe.r isr.>es in t.5 m
years ahead.
Sincerely,.
CCHALD PKJ., ICCC.,
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?.*% I..es 9 Stewart M. Glass, Esq.
BY TELECOPIER Regional Counsel Federal Emergency Management Agency 26 Federal Plaza, Room 1349 New York, New York 10278 Spence W. Perry, Esq.
Associate General Counsel Federal Emergency Management Agency i
500 C Street, S.W., Room 840 washington, D.C.
20472 Gentlemen The RAC review of the Shoreham Nuclear Fower Station, cov-Speck's letter of March 15, 1984, identified ered by Samuel W.
32 deficiencies not involving questions of legal authority, LILCO is anx-associated with emergency planning at Shoreham.
the earliest ious to close out these items satisfactorily at To that end, LILCO has reviewed the RAC Report possible time.in detail and has developed preliminary proposals to remedy the stated deficiencies.
The primary purpose of the meeting would be to review, on a preliminary basis, the responsiveness of Promptly thereafter, LILCO's proposals to the RAC's concerne.
LILCO would expect to make formal written proposals with respect to the noted deficiencies.
LILCO desires to meet at the earliest possible time with members of the RAC and with any additional personnel considered by FEMA to be necessary to resolve the detf ciencies listed in We understand FEMA to have been concerned the RAC review.
about holding any discussions on the RAC review before the agency files its testimony in the Shoreham casar that filing is O3M
N o a.
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_2 Huwrow as WrLLrAus now scheduled for next Tuesday, April 17.
Since the NRC hear-ings on shoreham, when they resume Tuesday, April 24, will tie up many of LILCO's most knowledgeable personnel most of the time for the three following weeks, it would be mest useful to LILCO to be able to meet with pertinent FEMA representative 4 by l
the end of next week, April 20.
I write to hoch of you jointly in order to ensure that all at FEMA concerned with convening the type of meeting requested are timely made aware of LILCO's urgent need.
I have also cleared this direct request with counsel for the NRC, who have authorized me to state that in their view this request is, under the circumstances, consistent with the Memorandut of Understanding between NRC and FEMA.
On behalf of LILCO, I look forward to hearing from you at your earliest convenience.
sincerely yours f_ r:,N{s f~ V
- .I Donald P. Irwin l
One of Counsel for Long Island Lighting Company t
91/730 cc Mr. Samuel W.
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