ML20148D228
| ML20148D228 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 01/19/1988 |
| From: | Blass J SUFFOLK COUNTY, NY |
| To: | |
| Shared Package | |
| ML20148D035 | List: |
| References | |
| OL-3, NUDOCS 8801250351 | |
| Download: ML20148D228 (13) | |
Text
6 o
January 18, 1988 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensino Board
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
AFFIDAVIT OF GREGORY J.
BLASS Gregory J. Blass, being duly sworn, does state under oath as follows:
1.
I am a member of the Suffolk County Legislature.
I have served in the Legislature since 1980.
I served as Presiding Officer of the Legislature during 1986 and 1987.
2.
As a member of the Suffolk County Legislature, I have had occasion on a frequent basis to be involved in matters re-lating to the Shoreham nuclear power plant.
8801250351 8B0119 DR ADOCK O g2
r 3.
I have read LILCO's December 18, 1987, Summary Disposition Motion in which LILCO asserts that it has made a sustained good faith effort to secure and retain Suffolk County's participation in offsite emergency planning for Shoreham.
I disagree with LILCO's assertion:
the record of LILCO's actions over the years demonstrates that LILCO has made no such good faith effort.
Rather, its conduct toward the County has been characterized by hostility, manipulation, and deceit.
4.
In early 1983, the Suffolk County Legislature conducted public hearings both on Long Island and in the vicinity of the Three Mile Island nuclear plant in Pennsylvania.
The purpose of these hearings was to gain data and information from expert witnesses, citizens of Long Island, and persons who were directly impacted by the Three Mile Island nuclear accident in March 1979.
The data at these hearings were to be utilized by the County Legislature in its consideration of the draft County radiological emergency plan then before the Legislature.
5.
The hearing in the vicinity of the TMI plant was an important part of the Legislature's deliberations.
The Legisla-ture had traveled 200 miles for the purpose of obtaining first-hand, objective information from people who had actually been personally affected by the TMI accident.
A significant issue which the Legislature was considering was how people in a nuclear emergency -- both the public as well as those charged with emer- _ - _ _
s gency response roles -- react to a nuclear accident and how, if at all, their actions might differ from other kinds of accidents.
Since the TMI population had had actual experience with responding to the worst (at that time) nuclear plant accident in history, the Legislature believed that valuable data could be obtained from a hearing near the TMI plant.
The Legislature sought to ensure that anyone who wanted to speak at the hearing could do so.
Our purpose above all else was to receive a fair and unslanted presentation that in no way had been manipulated or tainted.
6.
During the hearing in Pennsylvania it came to the attention of the Legislators who were present, including myself, that LILCO representatives had preceded the Legislature to Pennsylvania and had in at least four instances coaxed persons with views perceived to be favorable to LILCO's perspective to make sure that they testified before the Legislature.
LILCO instructed the persons to hide from the Legir,lature the fact that LILCO had recruited them.
The attached newspaper articles docu-ment LILCO's interference.
For example, the New York Daily News on February 11, 1983 wrote:
The Suffolk County Legislature traveled here 200 miles on a fact-finding mission and conducted a special public hearing in the Pennsylvania State Capital Wednesday afternoon only to find out that the Long Island Lighting Co had attempted to stack the deck by sending in pre-screened witnesses to testify to the lawmakers about public reaction to the accident at the nearby Three Mile Island nuclear plant. __ _
r, LILCO clearly attempted to thwart the Legislature's attempt to have a fair and unfettered hearing and to obtain unbiased views.
In essence, LILCO attempted to manipulate the record made before the Legislature.
7.
LILCO's actions in early 1983 are indicative of the fact that LILCO was not making a good faith effort to secure and retain the Suffolk County government's participation in emergency planning for the Shoreham plant.
Instead, LILCO was secretive and manipulative in its conduct, seeking to influence the Legis-lature by efforts that were not above board and not in good faith.
LILCO's actions in Pennsylvania were consistent with its general practice of hostility toward the County that made it impossible for the Legislature to trust LILCO.
The suggestion in LILCO's December 18, 1987 Summary Disposition Motion that LILCO had taken a "conciliatory" approach durino the Legislature's consideration of the draft County plan (agg pp. 8-9) is a mischaracterization of LILCO's conduct.
8.
LILCO's actions in early 1983 lacked good faith, just as LILCO's actions before and after that time did.
9.
For instance, in 1982, the Legislature resolved to terminate earlier low-level planning efforts for a Shoreham emergency and instead to conduct a much higher quality emergency planning effort.
LILCO, without any justification or any author-
_4-
e ization of the County, injected itself into the very heart of the County'r efforts to do a high quality job.
Particularly, LILCO took the materials which had been the product of the County's earlier low-level planning effort and that were rejected by the Legislature, packaged those materials in the format of what LILCO alleged to be Suffolk County's "plan," and sent them to the State of New York Disaster Preparedness Commission ("DPC") for review.
LILCO took this action notwithstanding its actual knowledge that Suffolk County did not intend that those preliminary and rejected materials be considered its emergency plan or be transmitted to the DPC for review, and notwithstanding the fact that Suffolk County had made clear to LILCO, the NRC, and the DPC that the materials did not constitute a plan which had been adopted or approved by the Suffolk County Legislature, as LILCO knew was a requirement of Suffolk County law.
10.
The LILCO action in 1982 represented a LILCO attempt to undermine Suffolk County's determination to pursue emergency planning on a competent, rational, and systematic basis.
LILCO's actions were not an attempt to cooperate with Suffolk County in emergency planning or to secure the County's participation in planning for Shoreham.
LILCO's actions were in defiance of the County and the antithesis of good faith conduct.
11.
LILCO's conduct vis-a-vis the County continued after early 1983, as well.
For example, LILCO, as a property owner in __ _
r Suffolk County, is obligated to pay semi-annual property taxes like every other taxpayer.
Beginning in early 1984, however, LILCO withheld millions of dollars in property taxes that it by law owed (the amount eventually rose to S130 million) in an effort to force Suffolk County to act against its lawful judg-ment.
This effort by LILCO was undertaken notwithstanding the fact that Suffolk County had made a rational and valid decision in Resolution 111-1983 not to adopt or implement any plan.
The utilization of the property tax withholding -- a clearly unlawful action by LILCO -- to force the County into cooperating with LILCO notwithstanding County determinations to the contrary, was not good faith conduct.
The fact is that 1.3 million people live in Suffolk County and LILCO is the largest taxpayer.
For LILCO to use the power of its financial position to hurt the citizens of this County in order to make them pay homage to LILCO's wishes was an act of brute bad faith.
12.
Being a member of the Suffolk County Legislature which must approve the County's budget each year, I can testify to the fact that LILCO's refusal to pay its property taxes during 1984 and the first half of 1985, constituted a severe injury to the County.
LILCO's actions during that period in my opinion consti-l tuted a cynical, bad faith scheme that cannot by any stretch of
)
the imagination be viewed to be part of a good faith effort by LILCO to secure County participation in emergency planning.
i e-i 13.
Many other exceplea could be cited from the period 1982 to the present, which would demonstrate that LILco has not engaged in a sustained good faith effort to secure and retain Suffolk County participation in emergency planning.
- Rather, LILCO has engaged in hostile, deceitful activities on a continu-ous basis that have not manifested good faith.
Subscribed to before me this [G day of January 1988.
%( m G (?t _
G'r ego r{ J. EtJass i
My Commission expires:
h?/[J'f' (date)
D'Lts /$>.<,I Q f h n (Notary Public)'
huumo c.,PAGNo2 e?"*fa bn.i=
a --- -
--.,.,e
.--,n
/
w Legislators Visi-t
- }f ThreeMileIsland 4
%%d O
M$1M To See and Ask
- l..:
w%$#p d'rt W
fly Alast Finder
./
b i i Newsday saff Corresp,ndcut yesterday to Three Mile Island, site of the nation a mogt berious commercial nuclear ac-
,,,.Pjphk
, $," 1 t
F *$
j' f y
.}
gg Middletown, Pa. - Up and down South cident. *Ihey wante l to talk to residents nn.1 i
,,f
. i CJ linion Street, this small horough's mabr local officials about the impact the accident
' ", )~*"7 !! S, d.m ntown thoroughfare, clusters of TV cam-had and wheti.ar the emergency plan there
~i i
- y v
ciamen, phoug<nphers and reimters hud_ worked. The icgislature must decide by Feb.
' kg died around Suffolk County Icgislators 22 whether to appeave its draR plan.
1
}
interrupting residents during their lunch-1 fy Q
).
' '[g time chores yesterday, lang Island I.ightin; Co., which is build.
~llow do you fecI about having Three Mile ing Shecham, has subm:sted a rivnt plan to I' lam! just down the river?" Lou lloward (it. the c* ate for approval. State and federal ap-
.)
l
.i.*
I t
,J.
hJ r
h "O],,
Amityville), the presiding officer of the Sur. proval of an concrgency plan is recluired to folk County legishoture, asked Donald Wolf, obtain a licenw to operate Sho.' cham com.
{
[
g
]'
mercially.
a ictisca chauftrar who has lived here all of r
his 68 years.
Accompaniet by a phalanx of repo,rters, ie g l v
pb
""fost people here don't say too much the leginIntme took their own one day ci ish s
4 I
h I
d nimut it " said Wolf, a short, stocky man who course on Three Mile Island and its conr.e-secmot imLITerent to all the fuss. ~l don't stuences. They tomed TMI's Unit I reactor,
)
I j
think it scared people" which wun undamnged in the March,1979, q
i nctident that crippled TMI Unit 2. They q
i f
y Up tbe st reet. another lacai resident, Itho.
- i. trolled the streets, r.oliciting residents
- hh da Carr, cupinined her thoughts to three oth-thoughts on the rensibility of emergency l
t er legislators. "I have very strong feelings plans and on the impact ofliving so near the f
-1 shout being so close to Three Mile Island," crippled nuclear pinnt.
N she said. ~1 hamlic it the way I think most propic handic it: I trust it to God."
They lunched at Kuppy's Diner, and they l
Aller cight days of hearings last anonth on held three hours of henrings at llarrisburg
'I Sulkik*n drall emergency pl.m for the nearly City linti,10 milen north of here. They heard
[
i j
k 9
s L
(mnpletnl Shorcham Nucicar l'ower Plant from three local fue rhiefs who said their vo!-
d cie:ht of the county's 181cgislators enme herc unteer fire fighters have never been reluc-a t
_ Continued on Page 32 "a*reaaaarer c. wa a Logislators Alico Deck and Lou Howard al plant's visitors' centet
c t
0 Suffolk Legislators Visit,
Three Mile Island Area
--Co:tinued from Page 6 tant to respend to e=ergencies at the nuclear plant. l Tney also heard from local citizens who insisted that people and animale had been harmed from ra.
d.ioactinty released during and after the accident. I And they heard from ethers who conceeded that no c:e was harmed. Numerous state and federn) stud.
its have said the only significant public harm was psychological.
But there has been a perverse boon. In the four years sisce the accidest gave ThD international motoriety, the =a==cth plant has beco=e a bit of a tourischot spct. Mere than 250,000 people have since 1979, said John Fidler, a T50 spokesman. visited the infor=a TMLAnd this April, a Sve mile race will be run around aAer the Ena] witness, a local dairy farmer namedYesterdays whirlw P.onald Kopp, told the legis1-ters that his cows and Kopp said that a Loog Island Lighting Co. c5cialcreps have remained j
asked him to co=e testify before the legulators.
Kc-also said that the LILCO c5eial. Darrel) ed Kopp's participation.ord, asked him net to say that he had request-
"E e were only tryi:g to get a balanced prese.
tice," said !>.riferd, LILCO's associate directcr of cta.
nudcar inf =atica. lankford later conceded that he had also asked the th.ee Ere chiefs to parteipate.
County c5cials were an ca!!ed LILCO's subterfage. "gered at what they If I were LILCO I would not have dose what they did today," sa,id Howard. "It looks like they brought people in. That
.to.ma is unconscionable."
- a. v w.,
2 J: i 1
e 4
e
T lull lecislative Ioard nest Thursday urging thu tue under a stipulation reached in Supreme Court with llowed said i:e h.ul mios med Cohalan's offic c of I
~
~
county file a pian of its own with the State Dis ster the Long Island I,lghting Co. in December, his intende.1 announrement, tmt he did not speak to k l'acparedness (,onumssion rsther than he forced ts (fuder that agreement, the Legislature has until the county executive directly accept a plan sulmutted by I.itco or the State.
Feh n M mbmit a pim
(*W h m W m M h m g g g Hon A RD SAID HIII'TilElt the county submits a lloward contended there would be "a ripple charging the utihty with mismanagement and claim W 10 milc or a 20 nulc evacuation plan doesn'i matten to effect" of not having a plan lie noted that Suffolk ing d is derelict in not allowing the county to
\\
him Ile saki he believes a 10 rnite plan would be has a responsitulity to Nassau County residents as conduct its own safety and design review of the N sufficient, but won.,. 3 pport a 20 mde plan if the wcll in its dcahngs with I,ilco lie said that Suffolk Shoreham plant.
\\
majority of the lawmakers prefer it.
t nusst take care not to h*.nkrupt Lilco by undue delay llowever, Cohalan has not soeght to prevent the plant from opening. Several legislators questioned ]
"t7 hat is impo tant is that we have a plan," said in fighting Shoreham, itsmard. "We Icarned on the Three Alite Island trip "WE CLAIM WE ARE anxious to attract new yesterday said they had not made a firm decision on that they did not have a plan and that in itself was a industry to the bicounty area " said floward. "We the adoption di an evacuation plan, but cohtended I
disaster.-
d canlt tell a businessman that we just bankrupted the.that any plan would require exte estve review. and Iloward released a dras.of a motion he intends to biggest corporation on the Island, but don't worry, updating.
l l
l Pols blast L.ilco for ' coaching' witnesses F
l pre' siding officer of the Oglslat$re.x, J N $4f" I N. '"
~ By MICIIAEL IIANRAIIAN '
' 400 acre f,.rm four miles northeast of 4, *
,5 a
the plant, spoke in rebuttal of an who chaired the session. said that Lit.
3 y
si.ww m -**
carlier witness who contended that the co's attempt to hide its actions in U..
Harrisburg, I*a -The Suf folk Coun. presence of the nuclear plant had sending select witnesses "Is something
. \\
1 1%.
U. 4 on a fact finding mission and con-ty Legislature traveled here 200 miles resulted in an increase n the number that to me is unconscionable.
6g. D, g.., s'., (,(., &
of. still borns and defoamed births of local livestock. I,ilco's involvement The panel of legislators that partici f ){
a ducted a special public hearing in the
),
-3 l'ennsylvania State Capital Wednesday was disclosed when I.cgislator Sondra - pated in the fact fintimg vbit to l'enn '
j
[ afternoon only to find out that the llachety (D Deer I* ark) thanked Kopp sylvania to hear the witnesses also
,. Long Island Lighting Co. had attemp-for voluntecting his service and asked included John Wehrenberg (It 11o1 11 e
how he had come to Icarn of the brook). the deputy presidmg officer; mh
, {l ted to stack the deck by sending in jps t
li gp
- h E,[j pre-screened witnesses to testafy to the Suffalk Legislature's hearing being John Foley (D lilue Point), Rose Cara-lawmakers about public reaction to the conducted in the chambers of the liar. cappa (H Selden); Alice fleck (it itahy t.
accident at the nearby Three Afile Is-rasburg City Council.
lon); hhchael IrAmire (St. James) an I t
Gregory Blass (It Jamesportt j
g i+
land nuclear plant.
"DOES IT RIATTElt?" asked Kopp 3 % y.,
c.
j,
j Then he declared "lle asked me not to FOI,I.0 WING IIIS candor in telling A Lilco public relations man and cp 3
,Sg chief! spokesman on nuclear energy say this, but I was contacted by Darrell the legislators that he was instructed Lankford ~ from yo.a r place at by the Lilco representative not to re.
- ?
J,. "
. matters at the Shoreham plant soll-
,* i #
Shoreham."
veal the utility's role in gettmg him to i cited a young f.!!ddletown, I*a, farmer testify, the legislators assured him that
[0'
' to give testimony at the hearing and Lankford, who was present at the they consjdered his testimony to be Instructed the farmer to not let on to hearings, admitted during questioning valid.
i f,P the legislators that he was recruited by by reporters that he contacted Kopp 2
A Lilco.
and three volunteer fuefighters and Kopp testified that he and his family urged thern to testify at the session.
had experienced no unusual effects to Presiding off4cer Lou Howard citaired. The farmer, Ronald Kopp. 2ft, who senion.
'.with hla father and brother opesates a Lou Howard (H Amityville), the (Continued on following page )
~ '
)....
th defects he validity of our arguments before any ire issued "
TTA ADDED, "TIII: town will continue
.e lead in haltimg giant authorities and
- - - - -- " ^ - - - ' '
3;su uq Amgapw
{QQ g g,
stacked the deck ss lAllTLI Eur sj '
_ ed,,_,.,e o Ill I II L V E 2k
$lfaa'EEoN*[oi$E.Sg*EElee!Iln'i p
'F5"efs 8t&dY;Pn.Of'O E_HAS FORCEO US10 illi~ sit 6n 2
Ik g[ncy respo
'l tHa le d ie 5 e MW8 ad;see are forced to Hquidatene al e ep and FA mere prepared to panietpate to the i
han l tar t and at se's c's ["
I le ear warenseses. area tsh_:St It T ey s ho ever t e lll S
~
O U t_ _ t were not called upon to respond dur-trig the suelear emergency at the plant
- E o"
l 1
tout years ago.
.t 1
g g
BUY 1 SQ YD
- 1 th Jt u t e
~
BUY 1 SQ YD.
GE -
w,.. u dmoosed e,o.neo u d l
f ward.'.' anf ord (Luco)=ere looking for su a balanced
\\%h
^' -
I A
kh.
(
.f presentaten.' %' hen pressed u to why Luco thought it was cecessary to tj 3'c l
s 7,
MiemPt to irW its role in twrwting fp'*
]
taa
$Q
"' 41 DC gy
,, gg
-t t
e, A
2n,TJa.sg
'r's e ;'
x j!,
A setsatlanal selection d werd famens v
we rugs imported dire".l by KA3 et a pets sas! hersi38.
O.
- _*
'd'
...t e
!,i 0FF l
O' Nhmn NHifl$
.MADE1.
55 >
A 7g.
(
< CHINESE &~ p, *
- k. weQ. (hb
<TURKISHQ f,4 jr
~
- I Wall t a.
v'DHURRIEl e (@ i.
p, g'p. Jr.
j
,P y6 g
q TTs'i o
z
__=3 r,g Leg Stator Sa't'tre BMhety y
j, NU t
cpestmoned farmer.
g P
1
\\~-
'.--- J x
~'
the witnesses Larkford replied. *They
{(
- 8* Qt m'ould be some. hat tainted in thett
" ' ' ~ __
l testunomy by ter.tzs contadtred ploys of T
%o $,,
dy/9 % *
- ret fen?%uu.e.ud en r
4 u
,, a,ioa u ite ai or peo,ie comi g^
PROFESSIONAL
.r.
d a spea se dee-ed we
+
U' n",*"sell llu!:' 'eW"'!a?e mmring um roe.
~
r to ee,,e.,dm ome.a.u.o....
i uw-that he arranged deum, m,,us,thelist of speakers by
,p sem Mimy ud m
g me n.msus etty b
ayL';,','" *"' '" ',=.*2'!
\\
gt3gs;,u a. -.
j ru mstser.r ewo toe.,*
i e r:,;;rt?:ntaieri,a a i
' *yste'fe"a"#J!L""l%
ere exiuded erm a =r e, we et. clear plaat atth the legislators, the t
l Ltico publ>e relations raffers mere j schedated to accompany u.e lawmak.
l
.W ers Caracappa otjieted to the LILCO
- FR posple accompanytag them shue '. *
- reporters who mere navited by the d
6 legis'aters mere escluded 1
Lar.k. ford at that poet agreed not k
b '? "*
Before spinning
/
.Mi %,
l
- :.e dial...
l 1
I
~ ~.,.'
t January 18, 1911 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensino Board
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-CL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
AFFIDINIT OF FRANK P.
PETRONE i
Frank P. Petrone, being duly sworn, does state as follows:
1.
I am a Special Assistant in the Office of the County Executive of Suffolk County.
I have held this position since January 1987.
In my position with Suffolk County, I was the County Executive's coordinator during all of 1987 on matters related to the Shoreham nuclear power plant.
My involvement related to Shoreham has preceded that time, however, since from j
1982 until April 1986, I was the Director of FEMA Region II, in charge of FEMA emergency planning issues covering Shoreham.
I
-),
\\
t t
2.
I have reviewed LILCO's December 18, 1987 Summary Disposition Motion concerning 10 CFR S 50.47(c)(1)(1) and (ii).
LILCO asserts therein that it has made a sustained good faith effort over the years to secure and retain the participation of Suffolk County and the State of New York in emergency planning for Shoreham.
The purpose of this affidavit is to state that during 1987, the period of which I have personal knowledge as a Suffolk County official, LILCO made no effort, let alone a good faith one, to secure the County's participation.
1 3.
The LILCO Summary Disposition Motion contains :, facts related to any alleged LILCO effort in 1987 to secure the participation of the Suffolk County government in emergency planning for Shoreham.
As the Shoreham coordinator in the Suffolk County Executive's office, I would have been informed if LILCO had made such an effort.
I recall no such effort by LILCO during my tenure in Suffolk County government.
(Date)
Frank P. Petrone Duly sworn before me this day of January, 1988, in i
, New York.
l I
My Commission Expires Notary Public 1
l
_..