ML20154H689
| ML20154H689 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/16/1988 |
| From: | Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Gleason J, Kline J, Shon F Atomic Safety and Licensing Board Panel |
| References | |
| CON-#288-6374 OL-3, NUDOCS 8805260033 | |
| Download: ML20154H689 (5) | |
Text
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May 16, 1988
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James P. Gleason, Chairman Dr. Jerry R.
Kline Mr. Frederick J. Shon Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 EBS Remand Gentlemen:
As this Board knows, LILCO initially created a specific Emergency Broadcast System network for the Shoreham Nuclear Power Station in 1983, as part of the offsite emergency plan it devel-oped after Suffolk County reversed its earlier course of coopera-tion.
That network was originally based on a Long Island Sta-tion, WALK, which was to serve as the "trigger" station ("Common Program Control Station" or "CPCS-1" station in FCC terminology).
EBS issues involving that network were litigated in the original round of emergency planning litigation decided by the Licensing Board in 1985.
WALK unilateral.1.y terminated its agreement with LILCO in 1986.
The only explanation LILCO has ever received for this withdrawal was the hostility of Suffolk County and New York State to emergency planning at Shoreham and to the emergency plan de-veloped by LILCO for Shoreham.
LILCO..txt constructed a successor EBS system, based on WPLR-FM, a station located in New Haven, Connecticut.
- Recently, following months of pre'ssure from groups based on Long Island as well as in New Haven, events similar to those which took place with WALK two years ago have recurred.
In late April, 1988, the New Haven Board of Aldermen enacted a nonbinding resolution urging WPLR to repudiate its agreement with LILCO.
The local Congressman, Bruce Morrison, also pressured the station to with-draw.
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o H UNToN & WII.LI AM S May 16, 1988 Page 2 Discussion at the May 10 Prehearing Conference concerned the likelihood that WPLR would no longer serve as the "CPCS-1" sta-
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tion for the Shoreham EBS following receipt of a full power li-cense.
Since the prehearing conference, two sets of developments have continued to unfold; neither has come to a definitive reso-lution.
First, after the prehearing conference LILCO received a letter from WPLR's counsel, Herbert Emanuelson, Esq., dated May 9.
In the letter, WPLR has again assured LILCO that it will continue to act as the lead or trigger station in the LILCO ESS until LILCO obtains a full power operating license, but will not do so thereafter.
Unlike the situation with WALK, the letter does not exclude WPLR's continued participation in the Shoreham EBS.
However, WPLR's letter is not clear as to whether WPLR will remain a member station in the EBS after LILCO obtains a full power operating license.
Second, LILCO currently is making progress on the details of its EBS procedures relying upon the official EBS for the Nassau and Suffolk Counties Operational Area, triggered by WCBS.
We an-ticipate being able to notify the Board and the parties shortly as to the interface of this system with the LILCO Plan.
Since the WCBS-based EBS provides more than adequate coverage of the Shoreham EPZ, this may moot the need to litigate the coverage of the WPLR= based system.
LILCO has concluded that any Shoreham-specific EBS is likely to be vulnerable to pressure.
LILCO will therefore rely primari-ly on the existing federal EBS for the Nassau and Suffolk l
Counties Operational Area, based on WCBS in New York City.
This system, which is the one on which Long Islanders now rely for I
warning in every other emergency, and its application to Shoreham l
will be described in Revision 10 to the Shoreham Offsite Emergen-cy Plan, which LILCO expects to issue this week.
LILCO is not withdrawing its testimony on the signal cover-I age of the WPLR-based EBS.
However, until the circumstances de-scribed above are clarified, LILCO believes that it is premature to proceed to hearing at this time on the existing EBS conten-tion.
H UNTON & WILLI AM S May 16, 1988 Page 3 LILCO regrets that circumstances beyond its control have re-peatedly forced reconfiguration of its EBS plans.
However, emer-gency plans always change to adapt to circumstances, and further changes will doubtless occur in this plan, perhaps even in this very area, over time.
Sincerely yours, 51gns@
Donald P.
Irwin James N. Christman K. Dennis Sisk Attachment l
cc:
Attached Service List i
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LILCO, May 16,1988
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'88 MY 18 4156 CERTIFICATE OF SERVICE f0bki b. ?h
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in the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 I hereby certify that copies of a letter f rom Donald P. Irwin to Jamet. P. Gleason, Chairman, Dr. Jerry R. Kline and Mr. Frederick J. Shon, dated May 16,1988, were served this date upon the following by first-class mail, postage prepaid.
James P. Gleason, Chairman Richard G. Bachmann, Esq.
Atomic Safety and LicensinE Board U.S. Nuclear Regulatory Commission 513 Gilmoure Drive Office of the General Counsel Silver Spring, Maryland 20901 Washington. D.C. 20555 Dr. Jerry R. Kline Herbert H. Brown, Esq.
Atomic Safety and Licensing Lawrence Coe Lanpher, Esq.
Board Karla J. Letsche, Esq.
U.S. Nuclear Regulatory Commission Kirkpatrick & Lockhart Washington, D.C. 20555 South Lobby - 9th Floor 1800 M Street, N.W.
i Mr. Frederick J. Shon Washington, D.C. 20036-5891 Atomic Safety and Licensing Board Fabian G. Palomino, Esq.
U.S. Nuclear Regulatory Commission Richard J. Zahnleuter Esq.
Washington, D.C. 20555 Special Counsel to the Governor Executive Chamber Secretary of the Commission Room 229 Atiention Docketing and Service State Capitol Section Albany, New York 12224 U.S. Nuclear Regulatory Commission 1717 H Street, N.W.
Alf red L. Nardelli, Esq.
Washington, D.C. 20555 Assistant Attorney General 120 Broadway Atomic Safety and Licensing Room 3-118 Appeal Board Panel New York, New York 10271 U.S. Nuclear Regulatory Commis' ion s
Washington, D.C. 20555 George W. Watson, Esq.
William R. Cumming, Esq.
Adjudicatory File Federal Emergency Management Atomic Safety and Licensing Agency i
Board Panel Docket 500 C Street, S.W., Room 840 U.S. Nuclear Regulatory Commission Washington, D.C. 20472 Washington, D.C. 20555 F
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Mr. Jay Junkleberger Ms. Nora Bredes New York State Energy Office Executive Coordinator Agency Building 2 Shoreham Opponents' Coalition
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Empire State Plaza 195 East Main Street 3
j Albany, New York 12223 Smithtown, New York 11787 i
Stephen B. Latham, Esq.
Evan A. Davis, Esq.
Twomey, Latham & Shea Counsel to the Governor 33 West Second Street Executive Chamber P.O. Box 298 State Capitol Riverhead, New York 11901 Albany, New York 12224 Mr. Philip McIntire E. Thomas Boyle, Esq.
Federal Emergency Management Suffolk County Attorney Agency Building 158 North County Complex 26 Federal Plaza Veterans Memorial Highway New York, New York 10278 Hauppauge, New York 11788 Jonathan D. Feinberg, Esq.
Dr. Monroe Schneider l
New York State Department of North Shore Committee l
Public Service, Statf Counsel P.O. Box 231 Three Rockefeller Plaza Wading River, NY 11792 Albany, New York 12223
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i h%S Liu AavWf Harlow i
Hunton & Williams 707 East Main Street P.O. Box 1535 i
Richmond, Virginia 23212 i
i DATED: May 16,1988 l
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