ML20155H235

Forwards County Executive of Suffolk County,Ny Form Ltr to County Residents Re Util Request to Operate Facility at 25% Power Which Initiated 12,000 Resident Ltrs

ML20155H235
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	10/19/1987
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Bernthal, Roberts, Zech NRC COMMISSION (OCM)
Shared Package
ML20155H227	List: ML20155H224 ML20155H230 ML20155H235 ML20195G106 ML20195G244
References
FOIA-88-63, FOIA-88-A-34 NUDOCS 8810190010
Download: ML20155H235 (2)

Text

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OFFH:t OF THE /e*

SECRETARY MEMORANDUM FOR: Chairman Zech <

Commissioner Roberts Commissioner Bernthal /

Commissioner Carr

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Commissioner Robert's a

FROM: Samuel J. Chilk, Secra a c:n.

SUBJECT:

LETTER CAMPAIGN OF LON IRAND RESIDENTS CONCERNING LILCO'S RE0 JEST' TO OPERATE SHOREHAM AT 25% POWER During the past several weeks, my office has received approximately 12,000 forms and letters concerning LILCO's request to operate Shoreham at 25% power. This correspondence was initiated by the County Executive of Suffolk County, New York through the mailing of a form letter (copy attached) to Suffolk County residents requesting that they sign, clip and mail the bottom portion of the form to the Secretary NRC.

Should your office have an interest in seeing any of these letters they are available in the Oceketing and Service Branch, cc: General Counsel EDO GPA 8810190010 000916 PDR

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M'CMatL A. LOO 4 AN08 0880047 W.MUNSON Sw arosa coveit, talCwTitt Ceest ce pwt, Coweit, g agCwtivt J

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Dear Suffo!k County Resident.

! I would like to bring you up to date on the current situaton facing GuffcIk County concemmg LILCO, the Long Island Power l Authority (LtPA), utaty rates and the Shoreham nuclear power staton.

The good nows is that the Govemor ha s b est his commitment w;th re spect to LIPA and has signed the edemnificaton law that i should clear the way for the Authority's creat.on UPA's main function will be to keep electric rates down and to insure that 4 Shoreham does not open. At present,we are in a race between LIPA's ettorts to take over LILCO and LILCO s attempt tolicense ,

, and operate Shoreham ,

i While eMorts to prevent Shoreham from operat.ng conteue, we are al',o working to protect you. ULCO's overburdened

! rarpayers in late July.1 called upon the Puol4c Servic e Commiss on to pd a batt to the totalty unnec essary and unjust.fiab4 rate .

increase that LILCO is no* seeking They have been successtut in pror years with their unw arrantad requests to increast; rates,  !

) and that must stop i 11 UPA can sucessfutty take over ULCO before the Nuclear Regulatory Commisson (NRC) can act to approve LfLCO's ,

i applicaton to operate at 25*.of power,we can prevent Shoreham from ever openeg An important f actor as we race the clock is i i

ULCO's current appl.catcn before the NRC for a license to operate Shoreham at 25'. power.1 will continue to work aga nst this 1 j spphCation, but your help :$ a'so needed i Our pnt ettorts were weti recerved m iate Juty when oser a00 Suffolk citizens along w:th elected officials visited the Long 1 Island Congress onal De:egaton m Washegton, O C.,to voic e support for the "Markey" amendment Congress turned down tne

] ,Cmendment which would have blocked the NRC from enakeg a rule change wh.ch may improve the chances of Shoreham  ;

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Once aga'n,the concerned vo.ces of SuMolk County citizens must be heard inWashogton it we are to prevent ULCO's blatant j

backdoor attempt to license Shoreham We must oppose the 25'. license.  ;

t We urge you to agam emptess your views to the NRC Joe us in the battle to keep Shoreham closed by clippeg the form on the  ;

bottom of thrs page and sendog 4 to: Secretary, U.S. Nucleat Regulatory Commission, Washington, D.C. 20555.  !

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' e hwe toen eutet for a ler.s tit et Smcerety.

however, we are fed up with III.C0 i* , l r.ieran' Seter.t a d poor eervice. . . Jn the li-hic were out again yesterday j lp4MICHAEL A LoGRANDE in I,$11er Place and Chorehn the I ether d.*y and now thev seek en ircreasepuMolk County Enecutive j it,,.(2.c t

6( at n, O 4W ~erv ie..3.,W. .}r gb D e,u.b ce tfor. P.c. .M n e.0 {.e.4 he.t.M r, ,t,t m,:;t , g, J g,e,r , .,

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TO: U S Nuclear Regulatory Commisson (NRC) .

Date _r/5/M We fully support the posi.on of Sumo'k County and Ne w York State m oppos.ng the openmg ct the S*creham Nuclear Power Plant and copose LtLCO s tequest to upg' ace tne p! ant to 25*. pow et We ur je you to be resp 6ns we to the will of the people of Seto!k County by denymg to s appheat on 4, ,m.e 2= _r, ~

NI NY_K:;t7},"

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..... January 27, 1988 1

NEMORANDUM FOR: Richard W. Kriren Assistant Associate Director Office of Natural and Technological Haaards Federal Emergency Management Agency i Frank J. Congel, Otractor FRON:

Olvision of Radiation Protection and Emergency Preparedness *

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Office of Nuclear Reactor Regulation

$USJECT: FEMA SUPPORT FOR NRC LICEN$!NG 0F SHOREHAM NUCLEAR POWER STATION '

Enclosed is a Long Island Lighting Company (t.!LCO) letter transmitting the offsite plan for Shoreham Nuclear Power Station (SNPS) which LILC0 has provided to you

( separately. The plan, "$Nps Local Offsite Radiological Emergency Response Plan" Revision 9, is further described in the licensee's transmittal letter of i January 22, 1983.

Under the provisions of the April 9,1995 NRC/ FEMA Mesorandum of Understanding, we i

request that FE*.A review the SNPS plan. As you are aware, the NRC and FEMA have jointly developed an interim use document entitled: Criteria for Preparation and tvaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants (Criteria for Utility Offsite Planning and Preparedness). The docurrent has been pubitsbed as Supplement I to NUREG-0654/PDtA-REP-1. Rev.1. The guidance contained in this document is to be used for the develop' vent, review and evaluation of offsite utility radiological energency planning and preparedness for accidents at comercial nuclear plants. I In reviewing and evaluating utility offsite plans and preparedness. FEMA should assume that in an actual radiological emergency, State and local officials that i j

have declined to participate in emergency planning will:

1 (1) Exercise their best efforts to protect the health and safety of the i public; (2) Cooperate with the utility and follow the utility offsite plan; and (3) Have the resources suffletent to imple:nent those portions of the q

wtility offsite plan where State and local response is necessary. -

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( Richard W. Krim .

.% accordance with 10 CFA 50.47(a), the NRC must make a finding on whether the e ste of emergency preparedness provides reasonable assurance that adequate protective measures can and will be taken in the event the interim criteria described abcve. We understand that FEM will provide its findings on a mutually agreeable schedule consistent with the hearing schedule for

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our staffs. A spectfic request as to the FEM finding date will be coordinated by

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If you have any questions, please call me at 492 1088.

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. Frank J. Congel. Director V' Division of Radiation Protection and Emergency Preparedness Office of Nuclear Reactor Regulation inclosure:

LILCO Ltr. dtd. 1/22/88

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[p Resuq'o, UNITED !aTATES 8 " s, , c I ,g NUCLEAR REGULATORY COMMISSION

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JUN 2 91987

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NEPGPANDUM FOR: Frank J. Miraglia Associate Director for Projects Office of Nuclear Reactor Regulation Richard Starostecki Associate Director for Inspection and Technical Assessment Office of Nuclear Reactor Regulation '

William Russell, Regional Administrator -

Region I FRON: Thomas E. Murley, Director Office of Nuclear Reactor Pegulation

SUBJECT:

STAFF REVIF ' 0F LILCO'S REQUEST FOR AUTHORIZATION TO OPERATE SHOREHAM AT 25% POWER LEVEL By Memorandum and Order (CLI-87-04), the Comission denied LILCO's request for a license to operate Shoreham at 25% of rated pcwer. Referring to the staff's review effort, the Order states that, "In view of our disposition of the request, we presume that staff will no longer need to expend resources to review the request, unless necessary to respond to a renewed request for such authorization at some future time." Please direct your staffs to cease the review of LILCO's reauest. However, in light of LILC0's notification to the Comission of their intent to refile, those work items that are nearly complete should be brought to closure and all results should be documented and related files retained. This approach will assure availability of the results of this effort for use in any future generic consideration of the risks associated with low power operations or in a staff response to a future filing by LILCO. j Thomas E. Murley, Director Office of Nuclear Peactor Regulation cc: L. Shao F. Congel i k'. Kane )

W. Olmstead 1 E. Reis

y. Stello J. Murray 1

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ENCLOSURE

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SHoREHAM NUCLEAR POWER STATION p.o. sox sie, NoRYH COWNTRY ROAD e WAODN4 RIVsR. N.Y 117ee i

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m e.uwn wuu m w*e SNRC+1420 JAN 2 2 BB8 .

O. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555 .( [

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Shoreham Offsite Emergency Plant Re v . 9 Shoreham Nuclear Power Station - Unit 1 Docket No. 5G-322 Gentlemen:

Long Island Lighting Company hereby submits Revision 9 to LILCO's Local offsite Radiological Emergency Response Plan for the Shoreham Nuclear Power Station. This letter describes the principal changes set forth in Revision 9 of the LILCO Plan.

As with previous revisions to the Plan, Revision 9 changes ate marked in the right hand margin vertical bars denote the addition or replacement of material in Revision 9; horizontal bars denote its deletion in Revision 9. LtLCO has reproduced all pages of the Plan and Implementing Proceddres, not just Revision 9 pages. This alleviates the tedious process of replacing each outdated page in the document with Revision 9 pages, and insures that each plan holder has an updated Plan. Because there are so few of them, only replacement pages for Appendix A have been included. Thus, while the Revistor 9 package sent you includes all pages of the Plan and Implementing Procedures, plus Revision 9 pages for Appendix A, only pages s.iked "Rev. 9' in the bottom right corner with revision bars in k 4 right margin have been changed. Instructions for handling the Revision 9 package are included as Attachment I to this letter. .

The principal areas of change in Rev;' olon 9 respond to NURIG-0654, Rev. 1, Supp. I and the "best efforts" regulation

{ the Licensing Board's emergency planning decL.lonst the RAC comments on Revisions 7 and 8 of the Plan; FEMA Guidance Memorandum MS-13 and various ministorial updates to the Plan that are required from tien to time. These areas of change are doncribed generally below and in some detail in Attachment II to this letter.

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SMRC-l'4 20 Page 2

1. NUREG 0_654, Rev.

h e gu l_a_t io_n , 10 C.F.R. 1, Supp. 1 (Nov. 1987) and 'Best Efforts" (Nov. 3, 1957). paragraph 50.4 7 (c), 52 Fed. Res. 42078

.. Revision 9 reflects the regulatory requirements of the new NRC "best af forts" regulations. The

-@ - legal authority sections of the plan have been revised to ,

F '" ' take into account the regulation; two Deergency Preparedness i Oc Y* Advisors County government have been added at during representativer the EOC an emergency, to liaison as with Stat i required by NUREG 0654, Rev. 1 Supp. 1 (Nov. 1987) I and u .. implementing procedures for coo,rdination between LERO and V~ government representatives during an emergency have been revised.

Because certain governmental facilities have not M*% .y agreed to participate in planning, LILCO has relied upon P1 governmental support in the Plan by naming certain entities ON V."*

that would provide support during an emergency. These entitics as beingare regulation. relied identified in sections upon pursuant to the1.4 "best and 2.2 of the Plan efforts"

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. !M .; the Nassau County Coliseun and Nassau County Co 7 College, relocationwhich centers. are identified in the Plan as school

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• entity the Plan named and their in the rolePlan in it, reminding them of the existan b;. , and to train them. Attachment 11.1 lists the revisedand offaring to criteria in NUREG-0654, supp.

y for each included in Revision 9.1, and describes the response 2,

. Issues _previously litigated.

1, facility reception centers: Revi.aion 9 identifies special

@.; drivers, and raception centers for school childrentevacuation time e

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• evacuation time estimates for hospitals) and an EBS station, and concluding planning. Partial Initial Decision on emerge Long Island Lighting Co.

Station, Unit (shoreham (1985);Nuclear Power LBp-85-31, 221), NRC L8P-85-12, 410 (1985). 21 NRC 644

{d These issues and t4e Plan revisions responding to them are listed in Attachment 11.2.

3, Region _al Assistance Committee (RAC) Commen ts .

4 TS,1987 FEMA RAC comments on Revisions The Plan identified inadequacies in the LILCO plan.

7 and December 8 of the LILC Q- All these h

y items have been resolved in Revision 9. The inadequacies are listed in Attachment II.3.identifled by the RAC, and the LI ,

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Hospit_al_s_ for Contaminated In$ured Public.

4.i FEMA Guidance

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Memorandue of the public. MS-1 requires identification of a l

Revision 9 contains a letter of agreement between LILCO and Brunswick Hospital in Amityville for use as the primary hospital during an energency.

has Ve t era identified n s Adr.ini Nassau County s t ra t ion N 4 Medical Center and NorthportIn additio L - .__ _ - . _._. _ . _ _ _ _ _ _ _ _ _ . . _ _ "_'%. _ _ -

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The Nassau County Medical Conter, a government-operated f acility, would be availe.bla during an emergency pursuant to t the "best efforts" rule and NUREG-0654, Rev. 1, supp. 1 (Nov. '

1987). Northport Veterans Administration Medical Center (is l available under the Federal Radiological Emergency Response '

Plan (FRERP) and other Federal policies. All three hospitals  !

have Nuclear Medicine / Radiology Departments and are therefore '

qualified to treat contaminated injured individuals. The identification of these three hospitala in Revision 9 satisfies the Ms-1 requirements. This revision is listed in Attachment 11.4 to this letter, i

5. Mi_nisterial updates. The remaining Revision 9 changes update information about personnel, facilities, or equipnent, including such items as updated farm listings. These revisions are listed in Attachment II.4 to this letter.

Very truly yours, John D. Leonard, Jr.

( Vice President - Nuclear Operations KEBNick Attachment cc: R. Lo/S. Brown W. T. Russell F. Crescenzo Service List l

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l ( 1 LONG ISLAND LIGHTING COMPANY SHOMEHAM NUCl.8AR POWER STATION 1 p.0, six sie, NemfM ceWNTRY ROAD e WAB*e MVeR. N.Y.11798

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0, s. Nuclear Re ulatory Cormission . h,gA nnN: Document entrol Desk ,

Washington, DC 20555 Request for Graded Offsite Exercise Shoreham Nuclear Pcwor Station - Unit 1 Docket No. 50-322 __

Gentlemen:

Long Island Lighting Ccmpany hereby requests that a full earticipation graded biennial offsite ecargency preparedness uercise meeting the requirements of 10 CPR 3ection 50.47 and of Paragraph IV.F.1 to 10 CFR Appendix 2 be scheduled for the i Shoreham Nuclear Power 8tation for the earliest possible date, '

and that pursuant to the NRC-FIMA Memorandum of Understanding, ,

50 Federal Register 15,485(1995), this request be transmitted '

forna11y to the Federal Emergency Management Agency. It is j imperative that the design of this exercise be zuf ficient to I rest any remainin requirements for the full power licensing l of the shoreham p{ ant.

LILC0 conducted, on February 13, 1986, a FEMA graded off41te exercise intended and believed to be sufficient to permit issuance of a full power operating license for Shorehaa. If that exercise is deemed to have been sufficient in design and LILCO's grformance is judged to have been suf ficient, it could serve as a canis for issuance of a full power license until at least February 13, 1988, 10 CFR Part 50 Appendix E, Paragraph IV.F.1 (52 Federal Register 16,823, May 6,1957) . However, that exercise, including issues involving both design and performance, remains in litigation before the NRC. Depending on developments in. that and related NRC litigation over the next several weeks, I LILCo may adjust the nature and scope of the exercise presently being reque6ted. Ctherwise, either an extension of the prescribed two-year period of ef fectiveness of exercises for licensing pur rebruary 13, poses vill have to be cbtained by LtLCO for the.986 exercise or a held because the agency's review p:ccess has taken longer than is conte.mplated by its regulations.

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6MRC-1406

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- Regardiess of the scope of the exsreise to be scheduled and held,

' LILco asks that this request be transmitted to FEMA and that a date he fixed and preparations begun LILCO is for the prepared to graded take allexercise steps as

• promptly as possible.necessary to expedits the process of exercise plan

" preparation and looks forward to an early meeting in. order to i

discuss this matter.

Very truly yours,

. fo D. Leo ar , Jr.

Vi e President - Nucle r , parations

! Nimo I col R. Lo / S. Brown W. Russell F. Crescenso ,

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[ n'u '** c oc u l ntscem am none , u u,aaen LARMNCE CoE tANPHER rrnuunen. rs nuum den Upois '"D 8"4" December 30, 1987 U.S. Nuclear Regulatory Commission pl ATTN: 9' Document Control Desk I s

Washington, D.C. 20555 R'c;uest for Graded Offsite Exercise l '

Shoreham Nuclear Power Station - Unit 1 Docket Nos. 50-322; 50-322-OL-5 Gentlemen:

( By letter dated December 18, 1987, LILCO requested that a full participation exercise be scheduled for Shoreham and that LILCO's request be forwarded to FEMA. Moreover, LILCO stated that it "looks forward to an early meeting in order to discuss this matter."

The Governments request that any meetings with LILCO held b or involving NRC and/or FEMA personnel and relating to any exer y cise for Shoreham, and any meetings involving NRC and FEMA personnel and relating to any such exercise, be formally noticed so that the Governments receive reasonable, advance notice. The Governments also request that such meetings be transcribed so that an accurate record of any meeting is maintained. The Governments request, further, that they be served promptly with copies of all correspondence on this subject. And, the Govern-monts request that no substantive matter related to LILCO's latest exercise request be discussed with LILCO or FEMA represen-tatives by telephone unless the Governments have been given reasonable opportunity to participate in such conversations.

The foregoing assumes that the NRC might accede to LILCO's request. In fact, however, FEMA LILCO's request for a new exercise.the NRC should decline to forward to The request is grossly premature for several reasons, assuming _arquondo that any further Shoreham exercise would over be appropriate.1/

1 1/ Suffolk County reiterates its view that no exercise of LILCO's Plan would or could be appropriate. LILCO's Plan is (footnote continued)

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KIRKPATRICK 66 LOCKHART U.S. Nuclear Regulatory Commission

, ( ATTN: Document Control Desk December' 30, 1987 Page 2

' First, the last FEMA RAC review of LILCO's Plan (Revision 8) was completed December 15, 1986, and was transmitted to the NRC on December 30, 1986. Quite aside from legal authority concerns, FEMA identified 11 inadequacies in LILCO's Plan, an increase more than doubling the 6 inadequacies identified during the prior full RAC 1985.

review of LILCO's Plan, transmitted to the NRC on October 8, These 14 inadequacies remain uncorrected one year af ter the 1986 RAC review. It is improper to consider the scheduling of an exercise when so many Plan inadequacies remain outstanding and, apparently, unaddressed.

Second, LILCO has announced that it soon will file yet another revision of its Plan -- Revision 9. That Revision has not yet appeared or been submitted to the NRC, however. While it is not possible to predict precisely how extensive the changes in Revision 9 will be, it is reasonable to expect them to be major.

At a minimum, they appear likely to cover: LILCO's new proposal to create and use a Connecticut-based EBS system; LILCO's new

( single-wave school evacuation proposal; new hospital evacuation procedures and time estimates; numerous changes designed to address recent amendments to 10 CFR S 50.47(c)(1); changes designed to address the inadequacies identified in the last RAC review; and changes designed to address deficiencies identifie.d in the Licensing Board's Partial Initial Decision of April 17, 1985, 1985. and its Concluding Partial Initial Decision of August 26, A full RAC review of these plan revisions will be required before any exercise could even be considered, much less scheduled.

Third, any FEMA review of the apparently forthcoming '

Revision 9, or preparation for a new Shoreham exercise will likely involve consideration of draft NUREG-0654, Rev. 1, Supp. 1, which is presently subject to public comment prior to its finalization. See 52 Fed. Reg. 45866 (1987). It makes no i sense for FEMA or the parties in the shoreham proceeding to devote resources to plan reviews or preparing for or conducting an exercise when some of the very criteria relevant to review of these matters are subject to change.

Fourth, the Frye Licensing Board (OL-5) has not yet issued its second decision concerning LILCO's performance during and the results of the February 1986 Exercise. It makes no sense to (footnote continued from previous page) illegal. l

' 4 to implement The the courts Plan.have ruled that LILCO lacks legal authority  !

exercise of an illegal plan. It is a waste of resources to conduct an t

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,, KIRKPATRICK & LOCKHART U.S. Nuclear Regulatory Commission f ATTN: Document Control Desk December'30, 1987 Page 3

' start structuring or preparing for the next exercise until the Board has ruled upon the results of the last one.

Fifth, a multitude of other issues involving the LILCO Plan remain outstanding and the subject of ongoing litigation, including those relating to reception centers, LILCO's EBS scheme, school. evacuation, "realism"/ legal authority, and hospi-tal evacuation. FEMA has made clear in the past that it does not favor further RAC reviews or exercises while so many issues remain in litigation. Thus, one year ago FEMA stated:

At present, there are a number of unresolved issues being considered or litigated in no less than three different NRC forums. There are planning and exercise issues before two licensing boards; numerous issues under i consideration by the fail Commission. In addition, the OL-3 Board has recently reopened

(' the record on issues related to the Nassau Coliseum . . . .

In FEMA's view, the fluidity of this creat number of issues renders it impractical, and

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an unwise use of limited resources 2 to

, continue to perform further reviews of LILCO  ;

plans or exercises under the current unsynchronized manner in which these issues are being adiudicated. This works to the detriment of effective treatment of the issues from a programmatic viewpoint.

Within the limits of sound management of resources, FEMA remains examitted to providing l testimony to assist in the resolution of the j various issues before the NRC's licensing boards and to provide information which may be i needed by the Commission to resolve issues being considered by them.

Letter from Dave McLoughlin, FEMA, to Victor Stello, NRC, December 30, 1986, p.2 (emphasis added). The situation it a no i

l dif ferent today than a year ago -- indeed, the number of open items, unreviewed items, and deficiencies in LILCO's Plaa continues to grow.

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In short, there are no good reasons to justify the commence-

.ent of preparations for, or the scheduling of, a Shoreham exer-

KIRKPATRICK & LOCKHART U.S. Nuclear Regulatory Commission

( ATTN: Document Control Desk December.30, 1987 Page 4 cise at this time -- and LILCO has of fered none. The Govern-ments, therefore, request that the NRC refuse LILCO's December 18 request.

The undersigned is authorized to state that the State of New York and the Town of Southampton agree with the views expressed herein.

Sine rely yours, a.a.

_=,,M Lawrence Coe Lanpher cc: Ronnie Lo/ Stewart Brown

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SCH, PA 15222 5)M (202) 778-9119 March 16, 1988 Onn,eu.e Director, Office of Administration Nuclear Regulatory Commission Room 4210 Maryland National Bank Building 7735 Old Georgetown Road Bethesda, Maryland 20814 Attention: Ms. Natalie Brown Re: Freedom of Information Act Recnjest. 88-63

Dear Ms. Brown:

This is to confirm the content of our March 3, 1988, telephone conversation concerning numbered paragraph 2 of the above-referenced Freedom of Information Act request. Paragraph 2 is clarified to read as follows:

"All records, not served via the service list in 50-322-OL-03, 05, or 06 dockets, relating in any way to any other communications during the period March 1987 to the present between LILCO, including any person acting for or on behalf of LILCO, and NRC employees, officials, agents or )

representatives, which concerned LILCo's request to operate Shoreham at 25 percent power, any Federal Emergency ,

Management Agency review of revisions to LILCo's emergency plan, any further exercise of LILCo's emergency plan, and any proposed procedures or schedules for any review or exercise of LILCO's emergency plan." l The Nuclear Regulatory Commmission's response to this request is due on March 17, 1988. Please call me when the NRC's response is ready, so that I may send a messenger to pick it up.

Thank you for your assistance with this matter.

Sincerely, fcs%a. [ 41lbw> w Lorraine C. Gibson Paralegal 5 CNf D[ / \,

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