ML20195D296
| ML20195D296 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/20/1988 |
| From: | Latham S, Mark Miller, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20195D302 | List: |
| References | |
| CON-#288-6557 OL-3, NUDOCS 8806230088 | |
| Download: ML20195D296 (29) | |
Text
I COLKEiED UdNRC June 20, 1988
'88 JX21 PS :41 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFF ICE u U.i -t l Ar; -
Before the Atomic Safety a n d L i c e n s i n o B o 0 Q Cd E h m i A 'it h yl u.
BRANCH
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL '
)
(Emergency Planning, (Shoreham Nuclear Power Station,
)
Unit 1)
)
)
GOVERNMENTS' BRIEFING PAPER CONCERNING LILCO'S EMERGENCY BROADCAST SYSTEM I.
INTRODUCTION This briefing paper concerning the status of LILCO's third, and most recent, Emergency Broadcast System ("EBS") proposal is being submitted pursuant to this Board's bench Order of May 26, 1988.
Tr. 20429.
That Order was issued as a result of yet another change in LILCO's EBS proposal and LILCO's inability on May 26 to adequately describe the structure and operations of its new EBS plan.
Sgg Tr. 20424-29.
This Board also ordered limited discovery so that the Governments could have an opportunity to ascertain the framework of LILCO's EBS proposal, and the parties could offer recommendations as to how best to proceed.
Discovery has now been completed.
To summarize, it appears that LILCO's newest EBS proposal consists of LILCO initially 8806230088 880620 PDR ADOCK 05000322 G
attempting to activate the New York State EBS network through that network's lead station, WCBS-AM in New York, New York.
If that is unsuccessful, LILCO's proposal calls for the activation of its backup EBS network through WPLR-FM in New Haven, Connecticut.
Regardless of which EBS network is activated, however, WPLR is relied upon by *.ILCO ti activate the tone alert radios that are installed (or are to be installed) at various special facilities throughout the 10-mile Shoreham EPZ.
Although the interaction between LILCO's two alternative EBS networks is confusing and obscure, one thing is clear:
neither WCBS nor WPLR, the two stations relied upon by LILCO to activate its EBS networks, has agreed to participate in any way in LILCO's EBS proposals.
In fact, WPLR recently has specifically stated that it will not participate in LILCO's EBS proposal, and apparently, despite attempts by LILCO to obtain an agreement with WCBS to serve as LILCO's lead EBS station, that station has similarly refused to do so.
Since there are no stations to activate either of the two EBS networks relied upon by LILCO, it i
must be concluded that LILCO's EBS proposal is not feasible, implementable or workable.
Accordingly, this Board must ru]e as a matter of law that LILCO does not have an implementable EBS proposal, and should grant summary disposition in favor of the Governments on the Governments' existing EBS contention.
The Governments propose, therefore, that the Board rescind its Confirmatory Memorandum and Order of February 29, 1988 (barring..
further summary disposition motions) and permit the Governments to file such a motion within 10 days of receipt of such Board notification.
II.
BACKGROUND On June 1,
1987, the Commission issued a Memorandum and Orderl/ reopening the record on LILCO's EBS plan as a result of the withdrawal of WALK Radio as LILCO's primary or lead EBS station.
On November 6, 1987, LILCO filed a Motion for Summary Disposition of the WALK Radio Issue.1/
LILCO's Motion introduced a new EBS proposal, based upon WPLR as the lead EBS station
("WPLR EBS proposal").
According to LILCO's Motion, and the subsequently issued Revision 9 to the LILCO Plan, the functions of WPLR as a lead station were threefold.
First, WP..R was to act as LILCO's "Common Point Control Station," a phrase introduced in Revision 9, by directly broadcasting emergency information concerning a l
i i
Shoreham radiological emergency to the public.
LILCO Plan at 3.8-6 (Revision 9).
Second, WPLR was to activate broadcast l
receivers installed (or to be installed) at each of the nine l
l secondary stations comprising LILCO's EBS network, which would I
have enabled these secondary stations either to rebroadcast the 1/
1/
LILCO's Motion for Summary Disposition of the WALK Radio
!ssue ("LILCO's Motion").
l l
EBS messages received from WPLR over their own frequencies, or to tape them for later broadcast.
Id.
Third, WPLR was relied upon to activate tone alert radios installed (or to be installed) at various special facilities, such as schools, hospitals, nursing homes and major employers, throughout the 10-mile Shoreham EPZ.
LILCO Plan, Appendix A at IV-3, -170, -172 and -173.
This Board denied LILCO's Motion on December 21, 1987, and directed the Governments to submit contentions concerning the adequacy of LILCO's WPLR EBS proposal.
The Governments submitted a single contention with numerous bases on January 12, 1988.
That contention alleged that LILCO's provisions for radio transmission of EBS messages and other emergency information, and for activation of tone alert radios and receivers installed at the secondary EBS stations, were inadequate and failed to comply with relevant regulatory requirements.
Notwithstanding these allegations, this Board issued an Order on February 24, 1988, which essentially limited the scope of the contention to the adequacy of the coverage of WPLR and to the adequacy of communication of emergency information to persons within the 10-mile Shoreham EPZ.1/
Discovery on LILCO's WPLR EBS proposal ended on March 25, 1988.
Testimony was filed by the Governments and LILCO on April 1/
Memorandum and Order (Board Ruling on Contentions Relating to LILCO's Emergency Broadcast System), dated February 24, 1988.
4-
i 13, and by FEMA on April 28, and hearings on this issue were contemplated to begin the following month, on or about May 16.
On May 6, 1988, however, LILCO disclosed that it was now relying upon a significantly different EBS proposal, which would be described in detail in Revision 10 of LILCO's Plan.
Among other things, LILCO then revealed for the first time that WPLR had announced to LILCO that it intended to withdraw as the lead station in LILCO's proposed EBS network, if LILCO were ever issued a full power license.
LILCO further explained that WGLI, which had been a secondary station in the WPLR EBS network, had agreed to take over as the lead station in LILCO's EBS network.
Also on May 6, LILCO revealed for the first time that LILCO would not initially rely on its own EBS network, but would rather first attempt to activate the New York State EBS network, with WCBS-AM as the lead station ("WCBS EBS network").
LILCO, however, provided only a very cryptic and confusing description of how the WCBS EBS network would be activated and how it would interact j
with the LILCO EBS network that now included WGLI as the lead station.
Egg Exhibit 1 hereto.
i l
l On May 9, counsel for LILCO notified this Board by letter that in the event that LILCO received a full power operating license for Shoreham, WPLR would no longer agree to serve as the lead station in LILCO's EBS network.
Sag Exhibit 2 hereto for a copy of LILCO's May 9 letter.
Counsel for LILCO assured the l
l l l
Board, however, that WPLR had agreed to remain in LILCO's EBS network and that it would continue to act as the station that activated "the tone alert radios in the EBS," although it would not act "as the ' trigger' station for the radio station (s) in the EBS."
The letter conceded that LILCO needed to determine "how any restructuring of its EBS will be implemented," but concluded that it was "appropriate and desirable" to proceed with the hearing on the admitted EBS issues.
See Exhibit 2.
The status of the Governments' EBS contention and the issues raised therein were discussed at a prehearing conference of counsel on May 10, 1988.
Eee Tr. 19325-49.
Counsel for LILCO there argued that the issue of WPLR's coverage should be litigated because although WPLR was not going to be the lead station in LILCO's EBS network, it had agreed to participate in LILCO's proposed EBS in some capacity.
However, because counsel for LILCO was unable to explain adequately the structure of its EBS system or how it would operate, this Board ordered LILCO to file a briefing paper concerning the status of its EBS proposal and whether a hearing on the issue should proceed.
LILCO did not submit such a briefing paper.
Instead, on May 16, LILCO sent a letter to the Board that once again stated that WPLR would not act as the lead station in LILCO's proposed EBS in the event that LILCO obtained a full power operating license, and, for the first time, informed the Board that WPLR's continued participation in LILCO's EBS, even as a secondary station, was unclear.
A copy of LILCO's May 16 letter is attached as Exhibit 3 hereto.
LILCO's letter included as an attachment a May 9 letter from counsel for WPLR, which amended WPLR's agreement to participate in LILCO's proposed EBS network.
That letter stated, in relevant part:
WPLR-FM, however, will not act in that capacity [ primary broadcast station]
should the NRC grant licensure to full power.
Should the community need then exist in the olant's full cower operation, WPLR would consider servino in a secondary capacity.
(Emphasis added.)
On May 24, LILCO issued Revision 10 to the LILCO Plan.
Relevant portions of Revision 10 are attached as Exhibit 4 hereto.
While Revision 10 indicates that LILCO will initially rely on the New York State EBS, with WCBS as the lead station, it also claims that the "Shoreham local EBS network" will serve as a backup to the State EBS.
However, contrary to previous LILCO representations, Revision 10 does not rely on WGLI as the lead j
station of the "Shoreham local EBS network."
Rather, Revision 10 calls for WPLR to once again assume that role.
Indeed, contrary I
to WPLR's letter of May 9 -- which states that WPLR would only "consider serving in a secondary capacity" -- Revision 10 states that WPLR has agreed, if needed, "to remain a member station" of the Shoreham local EBS and that the other participating stations l
f in the Shoreham local EBS "will tune to WPLR and rebroadcast an 1 l l
1 l
l
EBS message coming from the LERO EOC" upon activation of WPLR's qual tone SBS signal.
LILCO Plan, 3.8-7 (Revision 10).
On May 25, counsel for LILCO sent a letter to the Board discussing the changes in LILCO's EBS proposal as set forth in Revision 10.
A copy of LILCO's May 25 letter is attached as Exhibit 5.
The letter states that Revision 10 provides for the "direct activation of the Shoreham EBS through WPLR."
The letter also states that "LILCO believes that these revisions adequately resolve all EBS issues."
On May 26, however, during hearings before this Board, Judge Gleason raised the EBS issue and expressed his confusion over LILCO's description of its EBS proposal in the May 25 letter.
Relevant portions of the May 26 transcript are attached as Exhibit 6.
When counsel for LILCO was unable to explain adequately the proposal, this Board ordered limited discovery with respect to LILCO's EBS proposal.d/
The Board also ordered the parties to submit a briefing paper shortly thereafter concerning how best to proceed.
On June 6, counsel for WPLR sent a letter to counsel for LILCO which clearly and unequivocably stated that WPLR was terminating its agreement to participate in LILCO's proposed EBS A/
The Board ordered discovery to "provide an opportunity for parties to have discovery with respect to whatever it is you (LILCOi are proposing."
Tr. 20429.
network.5/
The June 6 letter is attached hereto as Exhibit 7.
According to counsel for WPLR, some type of notice of termination had been given to LILCO on June 3.
III. DISCOVERY Because of the unavailability of LILCO's lead EBS witness, Douglas Crocker, until June 13, the discovery period was extended by the Board to that date.
Mr. Crocker was deposed on June 13; in addition, LILCO produced two documents in response to a document request made by the Governments.
The Governments believe that this limited discovery was sufficient to determine the framework of LILCO's EBS proposal, and that nothing more is needed.
Counsel for LILCO initially disagreed with this position, notifying counsel for the Governments that they believed that the j
limited EBS discovery period ordered by the Board -- a period designed to permit the parties to discover what LILCO was proposing (sgg note 4 above) -- also permitted the depositions of l
County and State personnel -- specifically, John Randolph, G.
Berkeley Bennett, John Bilello and Richard Jones of Suffolk County and Marvin Silverman of New York State.
Counsel for 5/
The agreement between LILCO and WPLR, dated July 27, 1987, requires either party to give 90 days written notice to terminate l
the agreement.
I 1
, l l
Suffolk County informed counsel for LILCO that these proposed deponents would not be produced, because the discovery contemplated by the Board was limited to determining what LILCO's Revision 10 was all about, and these proposed deponents clearly were not relevant for such purposes.
Egg letter of Michael J.
Missal to Donald P.
Irwin and K.
Dennis Sisk, dated June 10, 1988 (attached as Exhibit 8 hereto).
Nonetheless, up until last Friday, June 17, counsel for LILCO stated their disagreement with this position, asserting that these proposed deponents were relevant, because they "may have knowledge of the technical adequacy of the State EBS."
- Egg, e.g.,
letter of K.
Dennis Sisk to Michael J. Missal and Richard J.
Zahnleuter, dated June 13, 1988 (attached as Exhibit 9 hereto).
As previously noted, however, the depositions of County and State personnel were not envisioned by the Board's May 26 Order, and would be a wasted exercise in any event, because none of the proposed deponents has any role in LILCO's Revision 10, is aware of the EBS proposal in Revision 10, or has even seen Revision 10.6/
In fact, during the deposition of LILCO's Douglas Crocker, it was conceded that the only Suffolk County official even i
i l
6/
In addition, depositions of the County and State employees identified by LILCO would be inappropriate, because LILCO has already gone through the process of formulating and finalizing the EBS provisions now set forth in Revision 10.
As Mr. Crocker l
stated during his deposition (as pages 70-71), LILCO considers the Revision 10 EBS provisions to be "complete," satisfactory,"
I and "reliable."
Thus, in LILCO's view, there are no details of its EBS proposal that need to be added.
Under these circumstances, after-the-fact depositions of County / State employees would be plainly untimely, wasteful and improper.
l l
l 10 l
l
mentioned in Revision 10 concerning LILCO's EBS proposal was the Suffolk County Executive or his designee.
Egg Deposition of Douglas Crocker, June 13, 1988 ("Crocker Deposition") at 21-24 (attached as Exhibit 10).
Therefore, whether or not the proposed deponents have any "knowledge of the technical adequacy of the State EBS" is totally irrelevant to t!'.e scope of the limited discovery ordered by this Board.
Accordingly, they E' auld not be required to be deposed in this proceeding.1/
IV.
LILCO's CURRENT EBS PROPOSAL At best as it can be determined by reviewing the latest version of the LILCO Plan (relevant portions of which are attached as Exhibit 4), and as explained during the deposition of Douglas Crocker, LILCO's current EBS proposal consists of the following general procedures:
1)
In the event of a Shoreham emergency declaration, LERO will request that the Suffolk County Executive er his designee activate the State EBS l
network by contacting WCBS to broadcast EBS l
messages to the public and to contact the other l
l l
1/
In any event, counsel for LILCO announced during the Board telephone conference on June 17 that LILCO was no longer seeking to depose County and State personnel on EDS-related issues.
Tr.
20890-91.
11 -
1 l
I stations in the State EBS network to broadcast EBS messages; 2)
If the suffolk County Executive or his designee fails to activate the State EBS, LERO will then request that the State Emergency Management Organization ("SEMO") activate the State EBS network by contacting WCBS; 3)
If SEMO fails to activate the State EBS, LERO wil?
then contact WCBS directly to activate the State EBS network; 4)
If after some unspecified time there is a "problem or delay in activating" the State EBS network, LERO would then activate LILCO's proposed EBS network, which it refers to as a backup network, with WPLR as the lead station.
To activate LILCO's proposed EBS network LERO would then go back to the Suffolk County Executive or his designee and request that WPLR be contacted to issue EBS messages to the public and to contact the other stations in LILCO's proposed EBS network to broadcast EBS messages.
If the Suffolk County Executive or his designee fails to activate i
b __
J
.a LILCO's proposed EBS, then LERO would contact WPLR directly; and 5)
Whether or not WCBS or WPLR is used to activate LILCO's EBS, LILCO's EBS proposal presumes that WPLR will activate the tone alert radios' installed (or to be installed) at various special facilities throughout the 10-mile Shoreham EPZ.
LILCO's EBS proposal is therefore dependent upon the participation of.WCBS and WPLR to activate the two EBS networks (the State EBS and LILCO's proposed backup EBS) by broadcasting messages to the public, contacting the stations participating in the EBS networks, and activating the tone alert radios at various special facilities within the EPZ.
However, as evidenced by Exhibits 3 and 7 hereto, WPLP has specifically stated that it will not participate in LILCO's EBS proposal, either as a lead station or a secondary station.
Indeed, Mr. Crocker confirmed during his deposition that WPLR was no longer participating in LILCO's EBS proposal.
Egf.
e.o.,
Crocker Deposition at 80 l
(attached as Exhibit 11).
Mr. Crocker also confirmed that there l
'is no letter of agreement with WCBS to participate in LILCO's EBS l
proposal (like there had been when WALK and WPLR were the lead stations of LILCO's earlier EBS proposals), nor is there any "informal" agreement.
Egg Crocker Deposition at 19 (attached as Exhibit 12).
I l
l :
Therefore, as the radio stations that are necessary for the activation of LILCO's EBS networks are not willing to participate in LILCO's EBS proposals, it can only be concluded that LILCO's EBS proposals are only a figment of LILCO's imagination.
Put another way, because there are no-lead stations to activate either one of the EBS networks that LILCO relies upon, LILCO's EBS proposal is not feasible, implementable or workable.
V.
THE BOARD SHOULD GRANT
SUMMARY
DISPOSITION OF THE GOVERNMENTS' EBS CONTENTION The EBS' contention that this Board has admitted, and which was to be the subject of the previously scheduled hearing, focused primarily on the adequacy of WPLR to act as the lead stat.'on of LILCO's EBS network.
It would therefore be a waste of time and resources to nold a hearing concerning the adequacy of WPLR, because WPLR has clearly and definitively stated that it will not participate in any capacity in LILCO's proposed EBS network.
Additionally, it would be similarly ill-advised to hold a hearing concerning the adequacy of WCBS to serve as LILCO's lead EBS station, because that station has not agreed to participate in LILCO's proposal.1/
E/
It can be expected that counsel for LILCO may propose resolving the EBS issue in the context of the "realism" proceeding.
Such a proposal, however, would be without merit.
The "realism" proceeding focuses on the presumption that the Governments would participate in emergency planning in the event of a radiological emergency.
LILCO's EBS proposal, however, provides for LILCO to activate its EBS networks by contacting WCBS and WPLR directly, if the Governments are unable or (footnote continued)
- 14
It appears to the Governe.ents, therefore, that the only option available to this Board is to rule as a matter of law that LILCO does not have a feasible, implementable or workable EBS proposaA, and to grant summary disposition of the Governments' existing EBS centention.
The Governments recognize, however, that this Board has prohibited the filing of motions for summary disposition.
Egg Confirmatory Memorandum and Order, dated February 29, 1988.
The Board is therefore requested to rescind its prohibition of summary dispositian motions, so that the Governments can file the appropriate moving papers within a short period of time -- 10 days would seem appropriate.
VI.
CONCLUSION For the reasons set forth above, the Board must rule as a matter of law that LILCO does not have a feasible, implementable or workable EBS proposal.
Thus, the Board should allow the l
l I
(footnote continued from previous page) unwilling to do so first.
See LILCO Plan, at 3.8-7 (Revision 10).
Therefore, as LILCO's EBS proposal is not dependent upon the Governments' participation, the EBS issue is separate and apart from any "realism" issue.
In fact, counsel for LILCO has previously indicated as much.
Egg Tr. 20429.
(
15 -
Governments to submit a motion seeking summary disposition in their favor on the EBS contention presently before the Board.
Respectfully submitted, E. Thomas Boyle, Esquire Suffolk County Attorney Bldg. 158, North County Complex Veterans Memorial Highway Hauppauge, New York 11788 Michael S. ' Miller Michael J. Missal KIRKPATRICK & LOCKHART 1800 M Street, NW South Lobby - Ninth Floor Washington, DC 20036-5891 Attorneys for Suffolk County M
Fabian G.
Palomino
'/
Richard J.
Zahnleuter Special Counsel to the Governor of the State of New York Executive Chamber, Room 229 Capitol Building Albany, New York 12224 i
Attorneys for Mario M.
Cuomo i
Governor of the State of New York I
OPf
'/A/
Stephen B.
Latham
/ 7 l
Twomey, Latham & Shea l
P.O.
Box 398 l
33 West Second Street Riverhead, New York 11901 l
l Attorney for the Town of i
Southampton i
I C0(.HE TE0 Junkk0,1988
- $ g y P S :4 1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION and Licensinc hEin g Mhjtsytcy Before the Atomic Safety Wr agg
)
In the Matter of
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power
)
Station, Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the GOVERNMENTS' BRIEFING PAPER CONCERNING LILCO'S EMERGENCY BROADCAST SYSTEM have been served on the.following this 20th day of June, 1988 by U.S. mail, first class, unless otherwise noted.
- James P. G'leason, Chairman
- Mr. Frederick J. Shon Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commisison U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555
- James P. Gleason, Chairman
- William R. Cumming, Esq.
513 Gilmoure Drive Spence W.
Perry, Esq.
Silver Spring, Maryland 20901 office of General Counsel Federal Emergency Management Agency
- Dr. Jerry R. Kline SCO C Street, S.W.,
Room 840 Atomic Safety and Licensing Board Washington, D.C.
20472 U.S. Nucioar Regulatory Commission Washington, D.C.
20555
- W.
Taylor Reveley, III, Esq.
Hunton & Williams Fabian G. Palomino, Esq.
P.O. Box 1535 Richard J. Zahnleuter, Esq.
707 East Main Street Special Counsel to the Governor Richmond, Virginia 23212 i
Executive Chamber, Rm. 229 State Capitol Anthony F.
Earley, Jr.,
Esq.
Albany, New York 12224 General Counsel Long Island Lighting Company i
Joel Blau, Esq.
175 East Old Country Road Director, Utility Intervention Hicksville, New York 11801 i
N.Y. Consumer Protection Board Suite 1020 l
Albany, New York 12210 l
~,
E.. Thomas Boyle, Esq.
Ms. Elisabeth Taibbi, Clerk Suffe,lk County Attorney Suffolk County Legislature Bldg. 158 North County Complex Suffolk County Legislature Veterans Memorial Highway Office Building Hauppauge, New York 11788 Veterans Memorial Highway Hauppauge, New York 11788 Mr. L. F. Britt Long Island Lighting Company Stephen B. Latham, Esq.
Shoreham Nuclear Power Station Twom9y, Latham & Shea North County Road 33 West Second Street Wading River, New York 11792 Riverhead, New York 11901
.Ms. Nora Bredes Docketing and Service Section Executive Director Office of the Secretary Shoreham opponents Coalition U.S. Nuclear Regulatory Comm.
195 East Main Street 1717 H Street, N.W.
Smithtown, New York 11787 Washington, D.C.
20555 Alfred L. Nardelli, Esq.
Hon. Patrick G. Halpin New York State Department of Law Suffolk County Executive 120 Broadway, 3rd Floor H.
Lee Dennison Building Room 3-116 Veterans Memorial Highway New York, New York. 10271 Hauppauge, New York 11788 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee Suite K P.O. Box 231 San Jose, Ca',1fornia 95125 Wading River, New York 11792 Mr. Jay Kunkleburger
- Richard Bachmann, Esq.
New York State Energy Office Edwin J. Reis, Esq.
Agency Building 2 U.S. Nuclear Regulatory Comm.
Empire State Plaza Office of General Counsel Albany, New York 12223 Washington, D.C.
20555 David A. Brownlee, Esq.
Mr. Stuart Diamond Kirkpatrick & Lockhart Business / Financial 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsyvania 15222 229 W.
43rd Street New York, New York 10036 Douglas J. Hynes, Councilman l
Town Board of Oyster Bay j
Town Hall Oyster Bay, New York 11771 Michael'S. Miller KIRKPATRICK & LC0KHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 Service via hand delivery.
- Service via telecopy.
2-
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station,
) (Best Efforts issue)
Unit 1)
)
TESTIMONY OF DENNIS M. BEHR, DOUGLAS M. CROCKER, DIANE P. DREIKORN, EDWARD B. LIEBERMAN, AND JOHN A. WEISMANTLE ON THE "BEST EFFORTS" CONTENTIONS EP 1-2. 4-8. AND 10 Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 May 6,1988
-S2-companies to move their disabled cars. We cannot see why similar activi-ties would suddenly become illegal in a radiological emergency.
88.
Q.
Does LILCO ever remove road impediments in the course of its business?
A.
[Crocker, Weismant!e]
Yes.
As the attached Affidavit of Charles A.
Daverio shows (page 9), LILCO has in the past been asked by the authorities to tow a stranced vehicle. During his deposition, Chief Roberts confirmed that private entities, swh as a utility, can be and have been directed by the police to perform such functions. Roberts deposition, p.151.
Contention 5: Sirens /EBS 89.
Q.
Please state Contention 5 as rewritten by the Board.
A.
(Behr, Crocker, Weismantle] Contention 5 reads as follows:
Whether LILCO's emergency plan and the best efforts response of the State and County governments will sat-isfy regulatory requirements concerning activating si-rens and directing the broadcast and contents of emer-gency broadcast system messages to the public.
April 8 Memorandum at 26, 90.
Q.
Does the LERO Plan have administrative and physical means for alerting and providing prompt instructions to the public within the plume exposure l
pathway EPZ?
A.
(Behr, Crocker, Weismantle] Yes. The means include sirens and an Emer-gency Broadcast System (EBS).
91.
Q.
What did the Voorhees plan say about the sirens?
A.
(Weidmantle]
The Voorhees plan contemplated that the siren system would be used to alert the public. Voorhees plan, page 16.
l l
' 92.
Q.
How are the LERO sirens activated?
A.
(Behr, Crocker, Weismantle]
The sirens can be activated from any of three different locations by LILCO or LERO. Admitted Fact 7. We antici-pate that the State or County would ask us to sound the sirens as soon as it became necessary to alert the public.
93.
Q.
What would the sirens mean to the public?
A.
(Behr, Crocker, Weismantle] Under the LERO Plan, the sirens alert peo-ple to tune their radios to the EBS. The public is told this in the annual public education brochure and by a variety of other means.
94.
Q.
What EBS will LERO use?
A.
(Behr, Crocker, Weismantle] The LERO EBS at this time includes WPLR of New Haven, Connecticut, as the common point control station (CPCS).
The coverage of this EBS is being separately litigated. Within the past few days, however, WPLR has advised us that it will continue as the CPCS only until Shoreham is issued a full power license. This decision by the station came at a time when the New Haven Board of Aldermen was about to pass a resolution condemning WPLR's participation in the EBS for Shoreham, when a U.S. Congressman was pressuring the station not to participate, and when anti-Shoreham groups were pressuring the station's advert.'ars.
Atter Shoreham is issued a full power license, WPLR is willing to continue as a primary station. WGLI, one of our present primary stations, has agreed to take over as the CPCS.
However,in light of the fact that LILCO has now twice put together an EBS and then had to change it, in the future we will rely in the first in-stance on the ordinary State EBS, with WCBS of New York City as its
Common Program Control Station-l. The details of the system are given in Admitted Facts 14-27. The present procedure, OP!P 3.8.2 5 5.1.4 (Rev. 9),
already addresses the possibility of switching from the WPLR system to the WCBS system once an emergency has begun. Included in the WCBS EBS are WALK and the other radio stations in LILCO's original EBS. Accordingly, there is no question that coverage of the entire EPZ is provided.
Accordingly, in the future, if there is an emergency at Shoreham requiring the activation of an EBS, the LERO Director of Local Response will ask the Suffolk County Executive to activate or endorse activation of tho WCBS system. Furthermore, the State Plan makes clear that the State Emergency 31anagement Office can coordinate the issuance of EBS mes-sages if county personnel have difficulty doing so. State Plan at K-8. The Director will then call WCBS directly and ask it to broadcast a message, which he will be prepared to read over the phone directly onto the air. The LERO Director has copies of the prewritten EBS messages in the LERO Plan with him at all times. Sample 51essage A a simple warning that an emergency message is to follow (PID. 21 NRC at 757-58) is only three paragraphs long and can be read quickly.
If there is any undue delay in activating the WCBS system, the LERO Director will ask the County Executive to endorse activating the Shoreham local EBS.
j Also, as called for under OPIP 3.8.2 S 5.1.4a, the LERO Coordinator of Public Information, when WCBS takes over as CPCS, will call WPLR and i
ask it to transmit the two-tone attention signal and inform its listeners to tune to WCBS for further emergency information. This step is to be re-peated each time a new EBS message is issued in order to activate the tone I
alert radios.
95.
Q.
How are EBS messages prepared and broadcast under the LERO Plan?
A.
(Behr. Crocker, Weismantle)
EBS messages are governed by OPIP 3.8.2 (Emergency Broadcast System Activation).
96.
Q.
How exactly would EBS messages be written with a County and State "best efforts" response?
A.
(Behr, Crocker, Weismantle)
Prewritten sample EBS messages in OP!P 3.8.2, modified as necessary, would be used. Final decisions on the EBS messages would be coordinated with the County or State, with the County Executive or the State Chairman of the DPC giving the final approval.
97.
Q.
How much delay in sounding the sirens would you expect the "best efforts" participation of the County and State to cause?
A.
(Behr, Crocker. Weismantle] There would be no delay. We would expect that once a decision had been made to broadcast an EBS message, tM sirens would be sounded at the same time as the EBS was activated.
l 98.
Q.
How much delay in broadcasting EBS messages would you expeat the "best l
efforts" participation of the State and County to cause?
l
(
A.
(Behr, Crocker. Weismantle) There would be no delay in broadcasting EBS 1
messages either. Again, once a decision had been made on a protective ac-tion, an EBS message would go out immediately af terward to tell the public l
l what they should do. It makes sense that the County and State would want to tell the public right away about any decisions they had made.
99.
Q.
Does the Plan meet the time requirements in NRC regulations?
A.
(Crocker, Weismantle]
Yes.
The Licensing Board has noted two 15-minute requirements:
l l
The regulations therefore have two separate 15-minute notification requirements.
The first requires the 11-censee to transmit notice of an emergency at the plant to of fsite authorities within 15 minutes af ter the emer-gency is recognized. The second requires offsite au-thorities to make a prompt pub!!c notification decision and to have the capability to carry out that decision within 15 minutes of their receipt of a notification of emergency at the plant.
PID,21 NRC at 708. The Board has also found that, for a utility plan, it is LERO that is the "offrite authorities" for the purposes of the first 15-minute requirement:
In this unique case, State and local officials are not the offsite authorities who will receive the initial notification from the Shoreham control room, since New York and Suffolk County are not participating in emergency planning. Instead, LILCO plans for that no-tification to be received at its Customer Service Office in Hicksville, New York. LILCO Plan at 3.3-1 to 3.3-4.
PID,21 NRC at 708-09. The County Police and County EOC (as well as the State, a.esuming it has reconnected its RECS phones) are notified by RECS phone at the same time as the Customer Service Office.
The second 15-minute requirement covers the time from when a de-cision is made until an EBS message is broadcast. The clock starts running when an EBS message is approved (that is, when Suffolk County or the i
l State agrees to broadcast it), and the message is supposed to start going out i
over the air within 15 minutes af ter that.
Under the LERO Plan, with the "best efforts" participation of the State and County, (1) decisions would be made with the participation of the l
County and/or State representatives, (2) an EBS message from the Plan i
j would be prepared with the concurrence of the County and/or State, and (3) l l
the message would be read over the phone to WCBS and broadcast at the 1
l same time, it is this third step, reading the message, that must be begun within 15 minutes.
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..u. %......... n si TELECOPY James p. Gleason, Chairman Dr. Jerry R. Kline
, Mr. Frederick J.
Shon Administrative Judges Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Gentlemen:
This matter treats two issues:
EBS stations and hearing scheduling.
1.
- EBS, LILC0 confirms a recent development, initially reported in LILCO's written "realism" testimony filed May 6, 1988, regarding LILCO's Emergency Broadcast System (EBS).
WPLR-FM in New Haven, Connecticut currently is the CPCS or "trigger' station in LILCO's EBS.
WPLR-FM has assured LILCO that it will continue as the "trigger" station through the licensing proceedings.
WPLR has recently informed LILCO, however, that once LILCO obtains a full power operating license for the Shoreham Nuclear Power Station (SNPS), WPLR-FM will remain in LILCO's EBS as a member station (referred to in our realism testimony as a "primary" station) only.
As a member station, WPLR will continue to act as the station triggering the tone alert radios in the EBS.
However, it will not act thereafter as the "trigger" station for the radio station in the EBS.
Because WPLR will remain a part of the EBS both before and after licensing, with respect to the evidentiary hearinge on remanded issues which are set to begin May 16, 19G8, LILCO believes it is appropriate and desirable to proceed with the hearing on the admitted EBS issues regarding the coverage o*
LILCO's EB8, including WPLR.
Once LILCO determines how any restructuring of its EBS will be implemented, we will promptly so inform this Board and all parties.
2pf.
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HUNToy & WILu Aus Atomic Safety and Licensing Board May 9, 1988 Page 2 2.
Hearing Schedule LILCO also informs the Board that the parties have been discussing a hearing schedule for the remanded school bus driver, hospital ETE's, and EBS issues.
LILCO proposes that the school bus driver issue be heard first, beginning May 16 and ending May 19 or 20; that testimony on the hospital ETE's be heard May 23-24 and 27 (the only day the NRC's witness will be available); and that the EBS issue be heard May 25-26 and possibly May 31, if the Board decides to hear the FEMA witness in Washington, D.C.
Counsel for both FEMA and the NRC have agreed to this schedule.
The Intervenors have proposed a schedule beginning May 17 and continuing five weeks through June 10 with EBS being heard first, hospital CTE's next, and the school bus driver issue being heard last.
Intervenors have also stated that they would agree to LILCO's school bus driver witnesses being heard first.
However, they have been unwilling to agree to compress their schedule proposals to fit into anything less than five weeks.
LILCO believes that five weeks of hearings is plainly excessive for the issues now before this Board.
Some weeks ago, in response to the Board's order setting May 16 as the beginning of the hearing, LILco told its school bus driver witnesses to hold open May 16-17 for hearings.
LILCo's t
witnesses have done so and are prepared to proceed on May 16 on the school bus driver issue.
LILCo's witnesses on EBS and ETE's are prepared to proceed the second week of hearings, beginning on May 23.
l The short of the matter is that LILCO and the Intervenors l
have not been able to agree on an order of issues for the hearing, the appropriate length of the hearing, or other matters.
We will be preptred to discuss this matter at tomorrow's prehearing conference if the Board wishes.
Sincerely yours, c7?M 4/6 'I Donald P. Irwin' A/
James N. Christman
/V \\
K. Dennis Sisk 201/374 cc Service List
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May 16, 1988 rus, no 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 Re_ mand Gentlemen As this Board knows, LILCO initially created a specific Emergency Broadcast System network for the Shoreham Nuclear Power as part of the offsite emergency plan it Station in 1983, developed after Suffolk County reversed its earlier course of cooperation.
That network was originally based on a Long Island Station, WALK, which was to serve as the "trigger" station ("Com-non Program Control Station" or "CPCS-1" station in FCC terminol-EBS issues involving that network were litigated in the ogy).
original round of emergency planning litigation decided by the Licensing Board in 1985.
WALK unilaterally 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 developed by LILCO for Shoreham.
LILCO next constructed a successor EBS system, based on WPLR-FM, a station located in New Haven, Connecticut.
- Recently, following months of pressure 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 The local urging WPLR to repudiate its agreement with LILCO.
Congressman, Bruce Morrison, also pressured the station to with-draw.
I
H UNTON & WILLI AM g 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-tion for the Shoreham EBS following receipt of a full power license.
Since the prehearing conference, two sets of develop-ments have continued to unfold; neither has come to a definitive resolution.
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 LIL.C0 that it will continue to act as the lead or trigger station in the LILCO EBS 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 anticipate 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 EP2, 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 primarily on the existing federal EBS for the Nassau and Suffolk This Counties operational Area, based on WCBS in New York City.
system, which is the one on which Long Islanders now rely for warning in every other emergency, and its application to Shoreham will be described in Revision 10 to the shoreham Offsite Emer-gancy Plan, which LILCO expects to issue this week.
LILCO is not withdrawing its testimony on the signal cover-age of the WPLR-based EBS.
However, until the circumstances described above are clarified, LILCO believes that it is prema-l ture to proceed to hearing at this time on the existing EBS con-l tention.
i 1
H UNTON & WILLIAMO I
May 16, 1988 Page 3 LILeo regrets that circumstances beyond its control have
- However, repeatedly forced reconfiguration of its EBS plans.
emergency plans always change to sdapt to circumstances, and fur-ther changes will doubtless occur in this plan, perhaps even in this very area, over time.
l Sincerely your,
f 1
Donald P.
Irwin James H. Christman K. Dennis Sisk Attachment Attached Service List cca 4
t l
EMANUELSON AND CHURCH a
ATTORNEYS AND COUNSELLORS PLE AsE REPLY TO:
los CHURCH STREET NEW HAVEN. CONNECTICUT o851o u g,,, y,, "g,",,",,', f,'y',',,,,,
ast. net assem en n
ttLtemows : esi en s.eit, ecastat w cwwecm.sm tse cmunew statet a:tc i suawwe6 sow wtw Mavtw cowwtetitut oesto g* gggg ttLeewows esoai san osoo Mr. Ira L. Freilicher Long Island Lighting Company 175 East Old Country Road Hicksville, New York 11801
Dear Ira:
This letter is to provide notice that WPLR is amending its June 17, 1987 Agreement with LILCO pursuant to such Agreement as follows:
Until further notice WPLR-FM will cont'inue service as a primary broadcast station to provide Emergency Public Notification during Shoreham's current licensure. VFLR-FM, however, will not act in that capacity should the NRC grant licensure to full power.
Should the coccunity need then exist in the plant's full power operation, WPLR vould consider serving in a secondary capacity.
Sincerely.
Herbert L. Emanuelson, Jr.
Counsel for WPLR-FM HLE/ gal cc:
Manuel V. Rodriguez w
____m
Emergency Broadcast System (EBS) 1 2
The Emergency Broadcast System, or EBS, is a federally sponsored 3
network of radio and television stations that provides a ra 4
means of contacting the public during emergency situations.pid 5
47 C.F.B. Part 73, Subpart G, Section 73.901, et se It 6
operates on National, State, and Operational Area cal) levels.
7 8
The New York State Emergency Broadcast System is activated by a 9
re@ est from authorized officials to the State's Originating 10 Primary Relay Stations:
WABC WNBC and WCBS in New York City.
11 For emergency situations not knvolvkng the entire State, local 12 authorities may request activation of the EBS at the Opiarational 13 Area level through the Common Program Control Station (PPCS) 14 serving the affected area.
New York State Emergency Broadcast 15 Operational Plan (July 1981) at 2.
System (EBS)it the EBS at the State and local level to also beFederal regu-16 lations perm 17 activated at the discretion of the msnagement of the partici-19 pating broadcast stations, even without the request of govern-19 ment officials, in connection with day-to-day emergency situa-20 tions posing a threat to the safety of life and property.
21 47 C.F.R. Section 73.935(a).
The New York State EBS Plan 22 implementing the federal structure specifically includes 23 "radiological incidents" within this class of life-or property-24 threatening events.
New York State EBS Operational Plan at 2.
25 26 The State-level EBS applicable to Shoreham is the New York 27 State system.
The local Operational Area system applicable to 28 Shoreham is the Nassau-Suffolk Counties Operational Area.
The 29 New York State EBS Operational Plan specifies the composition of 30 and basic procedures for the State and operational Area systems.
31 32 The EBS for the Nassau and Suffolk Counties Operational Area is 33 comprised of over 30 Long Island radio stations.
The New York 34 State EBS Plan designates WCBS in New York City as the primary 35 originating station (referred to as "PRI CPCS-1") for the 36 NassaQ and Suffolk Counties operational area.
WCBS is a fifty 37 kW clear-channel, 24-hour AM station whose signal provides 38 coverage over the entire Shoreham 10-mile EPZ.
With its cas-39 cading relays it ensures redundant coverage of the Shoreham EPZ.
40 Included in the State network is WALK in Patchogue, formerly the 41 CPCS in the Shoreham local EBS.
42 43 In the event of a Shoreham emergency declaration, the Director 44 of Local Response will seek permission from the Suffolk County 43 Executive, or his designee to activate the Nassau-Suffolk Oper-4 t; ational Area EBS prior to 1ssuing an EBS message.
OPIP 3.1.1, 17 0, Step D.
In the event that the LERO Director is 48 unable to contact the Suffolk County Executive or some other 49 responsible county official in a timely manner, the LERO Direc-50 tor will seek permission from New York State et activate the 51 EBS through the New York State Emergency Managarent Of fice (SEMO). 50 SEMO is designated by the New York State EBS Operational Plan at 53 4 as being responsible for activating the State level EBS.
54 3.8-6 Rev. 10 1
1
The Director of Local Response will request the official WCBS-ESS 1
authentication code for WCBS or, as necessa n, other authentica-2 tion assistance from pertinent County of State officials.
If 3
that official is unable to provide the official authentication 4
code information for WCBS in a timely manner, the LERO Director 5
will, using his best judgement in light of emergency circum-6 stances request official permission to contact WCBS directly 7
and will ask WCBS to verify by return phone call, in accordance 8
with the Nassau-Suffolk Operational Area EBS implementation pro-9 cedures.
The LERO Director, or the LERO Coordinator of Public 10 Information, will then activate the EBS system as detailed in 11 OPIP 3.3.4 and 3.8.2, Section 5.1.4.
LERO's procedures for 12 activating the Nassau-Suffolk Operational Area EBS and broad-13 casting emergency information conform directly with the existing 14 i
implementation procedures in the Nassau-Suffolk Operational 15 Area EBS Plan.
OPIP 3.8.2 Section 5.1.4 (b) 41)-[5).
If there 16 is any problem or delay in, obtaining authent:, cat:on with WCBS, 17 the LERO Director using his best judgement, in his discretion is will seek permisskon to activate the Shoreham Local EBS network 19 which is a backup to the New York State system based on WCBS.
20 OPIP 3.1.1, Attachment 10, Step D.
21 22 The Shoreham local emergency broadcast network consists of 10 23 radio stations on Long Island and Connecticut.
LILCO's letters 24 of agreement with these stations are contained in Appendix B.
25 All of the Long Island radio stations participating in the 26 Shoreham local EBS network are also participants in the State 27 EBS for the Nassau-Suffolk Operational Area, including WGLI in 28 Babylon.
The availability of this backup network as a last re-29 sort ensures that in case of a problem or delay in activating 30 the WCBS-based EBS, a coordinated and accurate emergency infor-31 mation message can be broadcast to the public.
32 33 WPLR radio is an FM band station which broadcasts from Hamden, 34 Connecticut and provides coverage over the entire Shoreham EPZ.
35 WPLR has agreed to serve as the CPCS for the Shoreham local EBS 36 until the issuance of a full power operating license, and, if 37 needed, to remain a member station thereafter.
WPLR has a back-38 up electrical generator to ensure full power transmission even 39 during periods of power outages.
LILCO maintains a dedicated 40 telephone line from the EOC in Brentwood to WPLR's studio..An 41 EBS message can be provided to WPLR either directly via dedicated 42 line or from another radio station's brocdcast signal.
Upon 43 activation of WPLR's dual tone EBS signal, the other partici-44 f
pating stations in Connecticut and Long Island will tune to WPLR 45 and rebroadcast an EBS message coming from the LERO EOC.
46 47 Because the Long Island radio stations that are part of the 48 Shoreham local emergency broadcast network are also part of the 49 WCBS network,ioning as the CPCS for the emergency.they will switch their source signal to W 50 WCBS is funct The connec-51 ticut stations will direct their Long Island listeners to tune 52 to WCBS for emergency information.
53 3.8-7 Rev. 10 1
l
)
Sample EBS messages used by LERO and details of EBS activation 1
are contained in OPIP 3.8.2.
2 3
Press Conferences 4
5 Press conferences will be conducted periodically in the Press 6
Conference Room of the ENC.
Private and public agency /or organ-7 iration representatives (i.e.
American Red Cross, Suffolk 8
County, FEMA, NRC, State officials, etc.
will be invited to 9
join M RO workers at the ENC to participa)te as a panel in all 10 press conferences to provide up-to-date information, respond 11 to any rumor received, and answer any questions the media may 12 have.
This panel will also be invited to help disseminate any 13 emergency announcements including accident termination ("ALL 14 CLEAR") announcements.
15 l
t l
l l
3.8-8 Rev. 10 l
_