ML20148G224
| ML20148G224 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/22/1988 |
| From: | Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#188-5932 OL-5, NUDOCS 8803290071 | |
| Download: ML20148G224 (6) | |
Text
95v LILCO, March 22,1988 00LKEIED UWFC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'88 WR 25 P6 :18 Before the Atomic Safety and Licensing Appeal Board f0Ckk IY[N/.
EAANCH In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-5
) (EP Exercise)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
LONG ISLAND LIGHTING COMPANY'S MOTION FOR EXPEDITED DECISION AND POSSIBLE ADVANCEMENT OF ARGUMENT ON APPEAL CONCERNING THE SCOPE OF INITIAL OFFSITE EMERGENCY PREPAREDNESS EXERCISE ISSUES On December 7,1987 the Licensing Board in this docket issued a decision, LBP-87-32, interpreting the Commission's requirements for the scope of initial offsite emergency preparedness exercises. Briefing of this issue was completed on March 7.
On March 18, the Appeal Board issued an order setting it for oral argument on April 28.
Long Island Lighting Company received the Appeal Board's order yesterday, March 21.
For the reasons stated below, LILCO respectfully requests the Appeal Board to attempt to reach at least a summary decision on LILCO's appeal in this matter by about mid-May, and to advance the oral argument date as necessary to achieve this result.
In December 1987, LILCO requested tne NRC Staff to request FEMA to schedule another exercise of the Shoreham offsite emergency plan; the Staff has done so, and a FEMA memorandum of February 16, 1988 establishe; the week of June 13,1988 as the prospective exercise date.II Planning is proceeding on the assumption that the next exercise willin fact be conducted at that time.
1/
Memorandum, Grant C. Peterson (FEMA) to Jack M. Sable (FEMA), February 16, 1988 (attached).
8803290071 880322 PDR ADOCK 0500 2
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The matter on appeal concerns the required scope of that (or any other initial 11-censing) exercise. In particular, it concerns the issues of whether initial exercises must meet certain criteria that do not apply to later periodic exercises, and of the effect of governmental noncooperation on an initial exercise's otherwise required scope. These issues are central to optimal planning for the next Shoreham exercise.
Planning for the exercise can proceed in accordance with the guidelines pre-scribed by the Licensing Board's decision, but the result could be materially different if that decision were reversed as urged on appeal by LlLCO and the NRC Staff. For any decision from this Appeal Board to be readily incorporated into an exercise, though, it would have ta be available several weeks before the exercise. Accordingly, mid-May -
only two to three weeks af ter the presently scheduled argument date - approaches a practical end point for the utility of an Appeal Board decision for purposes of the next scheduled Shoreham exercise.
It is generally not possible to reschedule an exercise, except within quite narrow ranges, without significant delay, given the substantial competing demands on the time of the FEMA staff and consultants who plan and conduct exercises. Accordingly, if the present scheduled June exercise date, or something very close to it, is not adhered to, a delay of the Shoreham exercise at least until early autumn seems probable. Such a delay, with its attendant delay in possibilities for completion of this proceeding, would work grave harm to LILCO.
For the reasons stated above, LILCO respectfully requests that the Appeal Board attempt to render at least a summary decision on the merits of this appeal by about mid-May, and that if advancing the presently scheduled argument date of April 28 is necessar/ to accomplish this goal, that it advance that date to the extent necessary.E 2/
In its unpublished memorandum and order of December 23,1987 denying LILCO's request for expedited briefing of this matter, the Appeal Board lef t open the possibility of expedited argument and decision. Memorandum and Order, December 23,1987, at 7 note 14.
j
LILCO suggests that a date at the Appeal Board's convenience in the week of April 11-15 might be practical.
Counsel who will argue this matter for the NRC Staff, Mr. Reis, has no objection to advancement of the argument date to the week of April 11-15. Counsel for FEMA, Mr. Cumming, also has no objection. Counsel for Intervenors who will argue this mat-ter, Mr. Lanpher, was unavailable; his partner, Ms. Letsche, has stated that Intervenors would oppose advancement of the oral argume11t date.
Respectfully submitted,
!/
'./
I,w Doilald P. Irwin Counsel for Long Island Lighting Company Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: March 22,1988 l
f
-[
T Federal Emergency Management AgenEy a
3I Washington, D.C. 20472 FEB l 61988 l.Ag' t
MDt0RANDUM FOR: Jack M. Sable Regional Director FDiA Region II FROM:
Grant C. Peterson
}k Associate Director State and Local Programs and Support
SUBJECT:
Review of Revision 9 of the kng Island Lighting Company (LIL40) Plan for the Shoreham Nuclear Power Station Attached is a January 27, 1988 memorandus f rom the Nuclear Regulatory Commission (NRC) requesting that the Federal Emergency Management Agency (FEMn), under the terms of the April 1985 Memorandum of Understanding, conduct a review of Revision 9 of the LI140 of f site emergeacy preparedness plan for.the Shoreham Nuclear Power Station and provide a finding.
It is my understanding thac, according to standard practice, copies of the plan revision have already been delivered to your staff and to members of the FD(A Region II Regional Assistance Committee (RAC).
In its January 27, 1988 request, NRC asked that the plan be reviewed using the Utility Plan Evaluation Criteria (UPEC), published as NUREG-0654/ FEMA-REP-1, Rev.1, Supplement 1.
Please also note that NRC has asked FEMA and the RAC, in the review, to assume that in a real emergency, State and local officals will:
- 1) Exercise their best efforts to protect the health and safety of the public;
- 2) Cooperate with the utility and follow the utility offsite plan; 3)Mave the resources sufficient to implement those portions of the utility offsite plan where State and local response is necessary.
In a February 8,1988 memorandum, NRC also requested that PEMA conduct an exercise of Revision 9.
Further guidance on the development of such an exercise, using the above assumptions and UPEC as guidelines, should be available to you shortly.
Based on conversations between our staf fs, it is my understanding that the FEMA Region II staff and the RAC can begin review of the plan immediately.
It is also my understanding that a final plan review could be delivered to FEMA Headquarters the week of May 6,1988 and barring any major impediment to the conduct of an exercise found during the plan review, an exercise of the plan could centatively be scheduled for the week of June 13, 1988.
Please begin a full RAC review of Revision 9 immediately, using the schedule indicated above.
If you have any questions or problems, please feel free to contact me at 646-3692 or Richard W. Krimm at 646-2871.
Attachments As Stated o
i LILCO, March 22,1988 i
001.X E T E f'
'JW C CERTIFICATE OF SERVICE
[0 Chi h; N N Y[
In the Matter of LONG ISLAND LIGHTING COMPANY BRANCH (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-5 I hereby certify that copies of LONG ISLAND LIGHTING COMPANY'S MOTION FOR EXPEDITED DECISION AND POSSIBLE ADVANCEMENT OF ARGUMENT ON APPEAL CONCERNING THE SCOPE OF INITIAL OFFSITE EMERGENCY PREPARED-NESS EXERCISE ISSUES were served this date upon the following by Federal Express as indicated by one asterisk, by telecopy as indicated by two asterisks, or by first-class mail, postage prepaid.
Christine N. Kohl, Chairman
- Dr. Oscar H. Paris Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Fif th Floor (North Tower)
East-West Towers East-West Towers 4350 East-West Hwy.
4350 East-West Highway Bethesda, MD 20814 Bethesda, MD 20814 Mr. Frederick J. Shon Alan S. Rosenthal
- Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission East-West Towers, Rm. 430 Fif th Floor (North Tower) 4350 East-West Hwy.
i East-West Towers Bethesda, MD 20814 4350 East-West Highway Bethesda, MD 20814 Secretary of the Commission Attention Docketing and Service Dr. W. Reed Johnson
- Section Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Appeal Board 1717 H Street, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C. 20555 115 Falcon Drive, Colthurst Charlottesville, VA 22901 Atomic Safety and Licensing Appeal Board Panel John H. Frye, III, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Board l
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing i
East-West Towers Board Panel l
4350 East-West Hwy.
U.S. Nuclear Regulatory Commission l
Bethesda, MD 20814 Washington, D.C. 20555 l
i
' O Edwin J. Reis, Esq. **
Stephen B. Latham, Esq.
- U.S. Nuclear Regulatory Commission Twomey, Latham & Shea Office of the General Counsel 33 West Second Street Washington, D.C. 20555 P.O. Box 298 Riverhead, New York 11901 Herbert H. Brown, Esq. **
Lawrence Coe Lanpher, Esq.
Mr. Pallip McIntire Karla J. Letsche, Esq.
Federal Emergency Management Kirkpatrick & Lockhart Agency South Lobby - 9th Floor 26 Federal Plaza 1800 M Street, N.W.
New York, New York 10278 Washington, D.C. 20036-5891 Jonathan D. Feinberg, Esq.
Fabian G. Palomino, Esq.
- New York State Department of Richard J. Zahnleuter, Esq.
Public Service, Staff Counsel Special Counsel to the Governor Three Rockefeller Plaza Executive Chamber Albany, New York 12223 Room 229 State Capitol Ms. Nora Bredes Albany, New York 12224 Executive Coordinator Shoreham Opponents' Coalition Alfred L. Nardelli, Esq.
195 East Main Street Assistant Attorney General Smithtown, New York 11787 120 Broadway Room 3-118 Evan A. Davis, Esq.
New York, New York 10271 Counsel to the Governor Executive Chamber William R. Cumming, Esq. **
State Capitol Spence W. Perry, Esq.
Albany, New York 12224 Federal Emergency Management Agency E. Thomas Boyle, Esq.
500 C Street, S.W., Room 840 Suffolk County Attorney Washington, D.C. 20472 Building 158 North County Complex Veterans Memorial Highway Mr. Jay Dunkleberger Hauppauge, New York 11788 New York State Energy Office Agency Building 2 Dr. Monroe Schneider Empire State Plaza North Shore Committee Albany, New York 12223 P.O. Box 231 Wading River, NY 11792
/ki/k Donald P. Irwin Hunton & Filliams 707 East Main Street P.O. Box 1535 l
Itichmond, Virginia 23212 i
DATED: March 22,1988
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