ML20155G344

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Responds to 880526 Postmarked Ltr Re Protracted Litigation on Acceptability of Emergency Plan for Plant.Nrc Will Continue Processing Lilco License Application Per 880601 Request
ML20155G344
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 06/08/1988
From: Varga S
Office of Nuclear Reactor Regulation
To: Schmick L
AFFILIATION NOT ASSIGNED
Shared Package
ML20155G349 List:
References
NUDOCS 8806170259
Download: ML20155G344 (4)


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UNITED STATES NUCLEAR REGULATORY COMMISSION e

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JUN 0 81988 Mr. Leonard G. Schmick 5915 Angle Road Oshkosh, Wisconsin 54904

Dear Mr. Schmick:

Thank you for your recent letter postmarked May 26, 1988, concerning the Shoreham Nuclear Station.

In your letter, you identified yourself as a LILC0 stockholder and expressed your concern over the protracted litigation on acceptability of the emergency plan for Shoreham Station. You indicated your support for the licensing of Shoreham Station and opposition to its sale to the Long Island Power Authority.

We are aware of the negotiations batween the State of New York and LILC0 regarding the sale of Shoreham Station.

We understand an agreement in principle has been arrived at with contingencies that may take as long as three months to satisfy. LILCO has advised us that during this period it does not intend to operate Shoreham Station above the current power level restriction of five percent of full power, even if the NRC authorizes operations above the current power level restrictions.

The NRC's regulations require, among other things, an acceptable emergency plan before a full-power operating license can be issued for a nuclear power plant. The Comission, on December 3,1987, promulgated its new rule governing the treatment of emergency planning issues in cases of State or local nonparticipation in emergency planning.

The new rule states that the NRC will evaluate the adequacy of the applicant's emergency plan, taking into account the probable response of State and local authorities. The Federal Emergency Management Agency (FEMA), as the cognizant Federal agency for offsite emergency preparedness, is evaluating LILC0's offsite emergency plan to determine if there is reasonable assurance that the health and safety of the

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public can be protected.

In conjunction with its evaluation FEMA has scheduled an exercise of that offsite plan for June 7-9, 1988. Any exercise or plan-related issues that are admitted for hearings will be considered by the NRC's Atomic Safet" and Licensing Board. A favorable finding on these matters along with those currently being litigated before the Board and a subsequent favorable Comission decision are required before the full-power license can be issued. These activities are currently scheduled to be completed by spring l

1989.

j In a letter dated June 1, 1988, LILCO requested that the NRC proceed with the licensing activities for Shoreham Station, notwithstanding the agreement in principle dealing with the sale of Shoreham Station.

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D While our current plans are to proceed with the processing of the LILC0 license application, we have requested that LILC0 advise us promptly if it has plans to the contrary.

I hope the above status-type discussion provides you with helpful information.

Sincerely, a

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even A. Varga, recto i

Division of Reactor Proj s I/II

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While our current plans are to proceed with the processing of the LILC0 license application, we have requested that LILC0 advise us promptly if it has plans to the contrary.

I hope the above status-type discussion provides you with helpful information.

Sincerely,

/s/

Steven A. Varga, Director Division of Reactor Projects I/II DISTRIBUTION "focket F11eo NRC'PDR/LPDR EDO #0003738 ED0 rf TEMurley/JHSniezek FMiraglia SVarga/BBoger WButler SBrown/GRivenbark M0'Brien DMossburg w/cy of incoming PDI-2 Reading OGC j

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EDO Princioal Correspondence Control FROM:

DUE: 06/17/88 EDO CONTROL': 0003738 DOC DT:

FINAL REPLY:

Lsonard G.

Schmick 03hkosh, Wis.

TO:

NRC FOR SIGNATURE OF:

Murley DESC:

ROUTING:

O*S RE LONG ISLAND LIGHTING COMPANY Russell DATE: 06/02/88 ASSIGNED TO:

CONTACT:

NRR Murley l

SPECIAL INSTRUCTIONS OR REMARW:'*

NRR RECEIVED: JUNE 2, 1988

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