ML20129A651
| ML20129A651 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/03/1985 |
| From: | Ashare M SUFFOLK COUNTY, NY |
| To: | Palladino N NRC COMMISSION (OCM) |
| References | |
| CON-#285-273 OL, OL-3, OL-4, NUDOCS 8506040693 | |
| Download: ML20129A651 (7) | |
Text
.913 COUNTY OF CUFFOLK GI Pata= fr. CCHALAN survotn covuTv sucuTwa
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Macm sanotav asaman June 3,1985 DEPAMTME8**DF'AW cou~" arma uv
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'85 JUN -3 P5:29 United States Nuclear GFF.LE 0; nur.c :.-
Regulatory Commission 00CKEllNG & SERVt;'
1717 H Street, N. W.
BRANCH Washington, D. C.
20555 Attn Commissioner Nunzio J.
Palladino,
- W NM Q wME-d C Chairman PROD. & UM. N...._ __
CY Re:
Docket No. 50-322-OL Shoreham Nuclear Power Station Unit 4[
Dear Commissioner Palladino:
On Thursday May 30, 1985, the attached Executive Order was issued by the County Executive of Suffolk County directing certain County of ficials to review the Shoreham Emergency Res-ponse Plan now before the N.R.C.
and FEMA, and to conduct an exercise of that plan in conjunction with LERO, with the County assuming command - and - control functions.
Be advised that the law firm of Kirkpatrick sr Lockhart (Herbert H.
Brown, Esq.) no longer represents the County of Suffolk in this matter.
Please be advised that the County does not wish to have the oral agrument.of this matter adjourned.
We are content to rest on the arguments contained in the papers submitted by our attorney on the motion for reconsideration.
Hereaf ter, the Suffolk County Attorney will represent the County in all Shoreham related proceedings.
Also be advised that the County and LILCO have recent-ly signed a " Low Power Security Settlement _ Aoreement" resolving the issue of low-power security at the Shoreham plant.
(Copy enclosed)
Thank you for your consideration.
Very truly s,
8506040693 850603 PDR ADOCK 05000322 PDR MARTIN BRADLEY ASHARE g
SUFFOLK COUNTY ATTORNSY l
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COUNTY OF CUFFoi.K
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Ac.;;;;,,n EXECUT!YR ORDEA NUMB 5A 1 - 1985 BythepoNervestedinasunderArticleII-tofthe New York sta'te Executive Law and 5301 of the SUFFOLi: COUNTY CHAATER, I hereby detafrains that it is n.ecessary for as te cause to be reviewed and evaluated the Local Buergency Re-sponse Plan for Suffolk County prosesitly before the Omited StatesNuclearRegulatoryCommissionandtheFeders11 cy E
ent Agency.
I therefore direct the Commissioner of 4ulltein d ja' &
Ceamissioner of the Suffolk County Planning Departneat to '
use whatever resources of. the government of the County of
.e Suffolk are necessary in. order to complete a review and evalu-ation of the above Local Energency Response Plan and carry out i
and cause to be conducted'a test and exercise of the above said Plan i,n conjunction with the Local Energency Response Organi-zation.(LERO).
I further direct that agents of the County of suffolk assume tfe function of command and control with impis-
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mentOloa"ofi the police powers of ithe County of Suffolk over the conduct of said test and exercise, a
IN WITNESS WHEREOF, I hereby set my hand this 80%
day of May, 1985.
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SUF COUN CUT!YI gyge.nm
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1 LOW POWER SECURITY SETTLEMENT AGREEMENT BETWEEN LONG ISLAND l
LIGHTING COMPANY AND SUFFOLK COUNTY Long Island Lighuing Company ("LILC0") and the County of Suffolk, New York ("SC") have reached the following agreement in order to resolve completely SC's concerns regarding LILC0"a security arrangements for its alternate, on-site AC power sources at the Shoreham Nuclear Power Station ("SNPS"):
I.
Background
1.
SNPS was designed to rely on diesel generators manufactured by Transamerica Delaval, Inc. (the "TDI diesels")
as the plant's source of alternate AC power.
The reliability of the TDI diesels has been questioned by SC and is currently the subject of litigation before an NRC Atomic Safety and Licensing Board ("ASLB").
2.
Pending the ASLB's determination of the TDI diesels' reliability, LILCO has sought to rely on what has been called SNPS' alternate or backup AC power sources, which consist of 4 General Motors Electromotive Division diesel generators (the "EMD diesels") and a 20 megawatt gas turbine generator (the "20 MW gas turbine).
3.
In ALAB-800, 21 NRC 386 (February 21, 1985), the Atomic Safety and Licensing Appeal Board ruled, at SC's urging, that the EMD diesels, the 20 MW gas turbine, and their associated equipment must be treated as " vital equipment" for purposes of determining whether their security arrangements satisfy the
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2 NRC's physical security regulations 10 CFR Part 73, particularly I 73.55.
4.
LILCO has appealed that aspect of ALAB-800 to the Nuclear Regulatory Commission.
The appeal is still pending.
5.
The ASLB has, in the meantime, admitted for litigation certain of SC's security contentions that-challenge the adequacy of LILCO's existing security arrangements for the EMD diesels and 20 MW gas turbine.
The State of New York also has sponsored SC's low power security contentions.
6.
LILCO and SC agree that a negotiated resolution of differences, where both parties' fundamental goals can be met, is always preferable to litigation.
Accordingly, LILCO has reviewed'in detail the low power security contentions, and technical experts from LILCO have met directly with their expert counterparts from the Suffolk County Police Department.
Although LILCO believes that the low power security arrangements it had in place at Shoreham were adequate, this process of study and consultation has led to LILCO's willingness, out of desire to address the technical concerns of the Suffolk County Police Department and LILCO's desire to further cooperation with the County in all possible areas, to implement the substantial additional changes reflected in Attachment III.
In the long-standing spirit of cooperation between LILCO and SC regarding security matters reflected in the earlier " Final
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Security Settlement Agreement" dated November 22, 1982, and in consideration of one another'a promises as recited below, LILCO and SC agree as follows:
II.
LILCO's Aareements 1.
Before commencing Phase III low power testing, LILCO will implement Attachment III to Revision 10 of its Security Plan.
The procedures that implement Attachment III and associated post orders will be reviewed with the Suffolk County Police Department prior to their use to ensure satisfactory implementation of Revision 10 of the security plan with attachments.
Copies of Attachment III and the plot plans it references are appended to and incorporated as a part of this Low Power Security Settlement Agreement.
2.
LILCO will withdraw its appeal of ALAB-800 promptly upon dismissal of_the romand proceeding in Paragraph III.2 below.
III.
SC's Aareements 1.
SC acknowledges that the security. enhancements reflected in Attachment III and its implementing procedures satisfy (a) a regulatory requirements for the EMD diesels and the 20 MW gas turbine as protecting vital equipment during law power operation at Shoreham, and (b) SC's concerns as expressed in its low power security contentions.
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2.
SC agrees (1) to immediately withdraw its sponsorship of the low power security contentions, (2) to advise the NRC and Licensing Board of its approval of the low power security arrangements as reflected in this Agreement, and (3) to use its best efforts to persuade the State of New York and the NRC Staff to approve the security enhancements reflected in Attachment III and its three implementing procedures, and to obtain dismissal of the pending low power remand proceeding on that basis.
IV.
Joi_nt Agreements 1.
LILCO and SC agree that this Low Power Security Settlement Agreement is in aid of, and does not detract from, their respective commitments in the November 1982 Final Security Settlement Agreement.
LILCO, in implementing this Low Power Security Settlement Agreement, will continue to implement all pertinent commitments made by it in the Final Security Settlement Agreement, including but not limited to provision to the Suffolk County Police Department (the "SCPD") of copies of all procedures and other relevant documents and advance consultation on amendments to the Security Plan.
2.
LILCO and SC, acting through the SCPD, agree to cooperate in the implementation of the low power security enhancements.
For example, to the extent additional procedures, training and qualification plans, training exercises, post
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orders, and the like are needed, LILCO will consult with the SCPD in developing such materials.
LONG ISLAND LIGHTING COMPANY Date:
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By:.
J.n D. Leonard, Jr.
~~ L V ce President - Nuclea l
w COUNTY OF SUFFOLK, NEW YORK 0'/v-$
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. Dater Byr yh ohn G. Galls p r Chief Deputy 96unty Executive i
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