ML20148R981
| ML20148R981 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 01/27/1988 |
| From: | Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| References | |
| CON-#188-5487 OL, OL-3, NUDOCS 8802020316 | |
| Download: ML20148R981 (3) | |
Text
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- o.. o4,...8357 U.S. Nuclear Regulatory Commission ATTN:
Document Control Desk Washington, DC 20555 Long Island Lighting Company (Shoreham Nuclear Power Station)
NRC Docket 50-322-OL Gentlemen As you know, LILCO has submitted Revisioa 9 to the Shoreham j
Offsite Radiological Emergency Plan to the NRC on January 22.
Copies were simultaneously provided to all parties to the Shoreham proceeding and to FEMA at the same time.
LILCO accord-ingly requests that the NRC officially request FEMA to conduct an expedited review of Revision 9.
LILCO also renews its request that the NRC promptly transmit its outstanding request for an exercise, dated December 18, 1987,1/ for the Shoreham plant to FEMA.
A copy of that request is attached.
This letter also responds briefly to Mr. Lanpher's letter of December 30, which suggests, in various forms, that the NRC refuse to transmit LILCO's exercise request to FEMA.
Most of his arguments are actually directed to FEMA rather than to the NRC.
1/
Letter, John D.
Leonard (LILCO) to the Commission, December 18, 1987 (SNRC-1406),
f hoh[pp N
PDR l
H UNTON & WILLI AM S U.S. Nuclear Regulatory Commission January 27, 1988 Page 2 Given, however, that periodic exercises are a requirement under both NRC and FEMA regulations for issuance or retention of a full power license, he is in effect requesting that the NRC summarily terminate the Shoreham docket.
This would be such a flagrant denial of due process to LILCO that it does not merit further discussion.
His other suggestion, that the state and local governments I
which have intervened in this proceeding be allowed to partici-pate in the process of exercise development, must be discussed in some detail.
LILCO has always sought legitimate governmental participation in offsite emergency planning and preparedness for Shoreham, and still would welcome it at any time.
If any of j
these governmental units wish to join in protecting their citi-zens by participating in emergency planning for Shoreham --
including proper assurnnces of good faith participation in the exercise itself -- LILCO would welcome their participation in the i
exercise planning prccess.
However, the role of these governmental units appears to j
remain that of opposing LILCO at every turn in the federal pro-cess as well as of using and occasionally abusing their powers law.2/
Unless the policies of these governmental under state 2/
For instance, Suffolk County went so far in opposing the 1986 exercise as to enact a criminal ordinance which would have subjected anyone participating in the exercise to a year of imprisonment and a fine of $1000.
That ordinance, which was obviously designed to chill preparation for the exercise as well as participation in it, was declared unconstitutional by the United States District Court.
Long Island Lighting Co.
v.
County of Suffolk, 628 F.
Supp. 654 (E.D.N.Y.
1986).
H UNTON & WILLI AM S U.S. Nuclear Regulatory Commission January 27, 1988 Page 3 units become reasonable, their participation in, presence at, or contemporaneous knowledge of, the details of the Shoreham exer-cise planning process would simply amount to an invitation to sabotage.
The necessary confidentiality of the exercise scenario and objectives could not be ensured; the observation of the exer-cise itself would be affected adversely; and the fundamenetal fairness of the process would be destroyed.
Sincerely our',
f m
/
Donald P.
Irwin One of Counsel for Long Island Lighting Company Attachment cc:
Members of the Nuclear Regulatory Commission Atomic Safety and Licensing Appeal Board Members Atomic Safety and Licensing Board Members Counsel for Parties Ron Lo S.
Brown W.
Russell F.
Crescenzo i
e 4
IWl -
[g LONG ISLAND LIGHTING COMPANY SHOREHAM NUCLEAR POWER STATION P.o. sCX eis, NoMTH COUNT AY RO AD e WAQlNe MIVER. N.Y.117ee OHN Q LEONMO,JR.
. s t e @c tatt. WCtlAA Ort W4MB DEO' bl 1987 SNRC-1406 U, S. Nuclear Regulatory Commission hTTN:
Document Control Desk Washington, DC 20555 Request for Graded Offsite Exercise Shoreham Nuclear Power Station - Unit 1 Docket No. 50-322 Gentlemen:
Long Island Lighting Company hereby requests that a full omrticipation graded biennial offsite emergency preparedness exercise meeting the requirements of 10 CFR Section 50.47 and of Paragraph IV.F.1 to 10 CFR Appendix E be scheduled for the Shoreham Nuclear Power Station for the earliest possible date, and that pursuant to the NRC-FEMA Memorandum of Understanding, 50 Federal Register 15,485(1985), this request be transmitted i
formally to the Federal Emergency Management Agency.
It is imperative that the design of this exercise be sufficient to eset any remaining requirements for the full power licensing of the Shoreham plant.
LILCO conducted, on February 13, 1986, a FEMA graded offsite exercise intended and believed to be suf ficient to permit issuance of a full powar operating license for Shoreham.
If that exercise is deemed to have been sufficient in design and LILCO's
- erformance is judged to have been sufficient, it could serve as a casts for issuance of a full power license until at least I
February 13, 1988 10 CFR Part 50 Appendix E, Paragraph IV.F.1 (52 Federal Register 16,823, May 6, 1987).
However, that exercise, including issues involving both design and perfornance, remains in it.tigation before the NRC.
Depending on developments in.that and related NRC litigation over the next several weeks, LILCo may adjust the nature and scope of the exercise presently being requested.
Otherwise, either an extension of the i
prescribed two-year period of effectiveness of exercises for f
licensing purposes will have to be obtained by LILCO for the February 13, 1986 exercise or another full-participation exercise held because the agency's review process has taken longer than is, contemplated by its regulations.
A }7 ] M g
SNRC-1406 Page 2 Regardless of the scope of the exercise to be scheduled and held, LILCO asks that this request be transmitted to FEMA and that a date be fixed and preparations begun for the graded exercise as LILCO is prepared to take all steps promptly as possible.
necessary to expedite the process of exercise planning and preparation and looks forward to an early meeting in order to discuss this matter.
Very truly yours, C,/f I
AL.
.Eo D. Leonard, Jr.
l Vi e President - Nuclear parations H mo cct R. Lo / S. Brown W. Russell F. Crescenso J
i