ML20138R144

Forwards Suffolk County Resolution Opposing Util Proposed Emergency Response Plan Exercise

ML20138R144
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	11/13/1985
From:	Ashare M SUFFOLK COUNTY, NY
To:	Asselstine J, Palladino N, Roberts T NRC COMMISSION (OCM)
References
CON-#485-305 OL, NUDOCS 8512300477
Download: ML20138R144 (2)

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. COUNTY OF SUFFOLK

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'85 NOV 25 P[39 PETER F. CoH ALAN SurrOLA COUNTY EXECUTIVE w.,,

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M A RTIN BRAD Ev ASHARE

.l CEPARTMENT OF LAW CouNTv AMORNEY acoatss aLL ComuuNicaTsoNS

1. N THis M ATTER 70; November 13, 1985 0 % S S c]........

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Nunzio J.

Palladino, Chairman Commissioner Thomas M.

Roberts Commissioner James K.

Asselstine Commissioner Frederick M. Bernthal Commissioner Lando W.

Zech, Jr.

U.

S.

Nuclear Regulatory Commission Washington, D.

C.

20555

Dear Mr. Chairman and Members of the Commission:

Enclosed is a copy of a resolution passed by the Suffolk County Legislature which sets forth the opposition of the County to the proposed exercise of LILCO's Emergency Response Plan.

Very truly yo r

/A-c k f lv W Martin Bradley Ashare Suffolk County Attorney MBA:sm Enc.

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Intf5hbce shsT&' torts # alass ano rrospecs my SENSE OF THE LEGISLATURE RESOLUTION RESOLVING THAT THE NUCLEAR REGULATORY (NRC) COMMISSICN NOT PERMIT AN EXERCISE SGW5ei &

OF LILCO'S ILLEGAL EMERGENCY PIAN AND THAT THE NRC HONOR PRESIDENT REAGAN'S PROMISE THAT HIS ADMINISTRATION DOES NOT FAVOR THE IMPOSITION OF FEDERAL GOVERNMENT AUTHORITY OVER THE COUNTY'S OBJECTIONS CONCERNING EMERGENCY PLANNING FOR SHOREKAM WHEREAS, the United States District Court, the New York State Supreme Court, th3 NRC Atomic Safety and Licensing Board and the NRC Atomic Safety and Licensing Appeal Board have each ruled in favor of the legal position of

'Sufgelk County, New York State and the town of Southampton in opposition to the (peration of the Sh?fsham Nuclear Power Plant; and WHERIAS, the NRC Licensing and Appeal Board have denied 'to Lilco an operating

.licinta for the Shoreham plants and such' tribunals and the New York State Supreme Court have ruled that

WHEREAS,

'Lilco's emergency plan for the Shoreham plant is illegal and unlawful, and furth3r that Lilco does not have the legal authority to implement its emergincy plans and WHEREAS, Lilco continues to seek to hold an exercise of its emergency plan, dsspits the foregoing rulings of judicial and administrative tribunals that Lilco's emergency plan is illegal, unlawful and not implementable; and WKEREAS, such an exercise of Lilco's emergency plan would be in derogation cf the foregoing rulings of judicial and administralive tribunales and WEEREAS, such an exercise of Lilco's emergency plan would be meaningless beccuse there would be no participation of governments with police power authcrity to perform emergency response functions and WHEREAS, such an exercise would be based on fantasies and make believe

- assumptions of Lilco, the NRC and the Federal Emergency Management Agency about responses of individuals, groups and governments to a serious nuclear accident at Shoreham; and WHEREAS, af ter exhaustive analyses, studies and surveys the government of Suffolk County determined that it would not be possible to safely evacuate a tsn mile zone surrounding Shoreham in the event of a serious nuclear accidtnt at the plant, and that rather than to mislead the public, the

' 6 County would not adopt or implement a radiological emergency plan for Shirchams now therefore be it RESOLVED, that Suf folk County opposes any exercise of Lilco's emergency plcn fcr Shoreham and be it further.

RESO'LVED, that any action by the NRC to sanction, permit or otherwise foster an exercise of Lilco's emergency plan shall be deemed by the County to be a belligerent act by the NRC in derogation of the rights and interests of the people and government of Suffolk County; and be it further RESOLVED, that-any action by the NRC to sanction, permit or otherwise fort 3r an exercise of Lilco's emergency plan shall be deemed a repudiation President Ronald Reagan that by th2 NRC of the October 8, 1984 promise of his administration does not favor the imposition of federal government tuthirity over the objections of state and local governments with respect to emergency planning for the Shorehag. plants and be it further RESOLVED, that the County Attorney shall promptly transmit copies of this rOcolution to the Nuclear Regulatory Commission, the Federal Emergency Manigament Agency and the Department of Energy and appropriate members

. cad committees of the United States Senate and House of Representatives.

DATED:

Novester 12. 1985 as