ML20196B163

NRC Staff Briefing Paper on Emergency Broadcasting Sys Issue.* Board Should Dismiss Contentions Re Signal Coverage of Wplr as Moot & Provide Opportunity for Intervenors to Frame Contentions.Certificate of Svc Encl

ML20196B163
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/20/1988
From:	Bachmann R NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#288-6600 OL-3, NUDOCS 8806300207
Download: ML20196B163 (6)

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4 COLKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 18 WN 23 P4 :25 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD [0hK .

BRate In the Matter of LONG ISLAND LIGHTING COMPANY Docket No. 50-322-0L-3 (ShorehamNuclearPowerStation, Unit 1)

NRC STAFF BRIEFING PAPER ON THE EMERGENCY BROAC;C_ASTING SYSTEM ISSUE On May 26, 1988, the Licensing Board directed the parties to correence discovery based on that part of Revision 10 to to LILCO's emergency plan which utilizes the New York State Emergency Broadcast System (EBS) for the Shoreham plant. Tr. 20429. The Board further directed the parties to submit a motion or paper on how to proceed with the EBS issue in light of Revision 10. _I d_ . The Staff herewith responds to the Board's directive and sutimits this briefing paper.

Prior to the issuance of Revision 10, the EBS issue before the Board was grounded in Intervenors' contentions concerning LILCO's primary EBS station, WPLR in Connecticut. See Memorandum and Order (Board Puling on Cententions Relating to LILCO's Emergency Broadcast System), February 24, 1988. These contentions dealt with the signal coverage of WPLR and had j

been filed pursuant to the Coninission's decision to reopen the record on the EBS following the withdrawal of LILCO's previous primary EBS station, WALK. CLI-87-5, 25 NRC 884, 886 (1987). As noted above, LILC0 has again revised its emergency plan, utilizing the New York State EBS and gjf0$$ $ 2 o

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3 designating WCBS in New York City as the Common Point Control Station (CPCS).

It is clear that the contentions concerning the signal coverage of WPLP, are now moet since LILCO no longer relies on that station to initiate EBS messages to the public. In this regard, LILCO's replacement of its primary EBS station WPLR with WCBS is similar to its prior replacement of WALK with WPLR. When the Comission reopened the record in CLI-87-5 the Intervenors were given the opportunity to frame contentions on the new primary station. The use of that approach would also be appropriate for thechangetoWCBS.II The LILC0 procedures for activation of the EBS include (1) contacting governrrent officials and providing protective action recommendations for

'1/ In its Memorandum and Order (Ruling or. Applicer,t's Motions of March 20,1987 for Sumrrerv Disposition of the Legal Authority issues and of May 22, 1987 for Leave to File a F.eply and Interpreting Rulings Made by the Cormission in CLI-86-13 involving the Remand of the F.ealism Issue and Its Effect on the Legal Authority Question),

dated September 17, 1987, the Board acknowIedged the existence of the State EBS (Order at 31), and deemed as admitted a number of material facts concerning the systen (Order at 43-44) which LILCO had set forth in LILCO's Second Renewed Motion for Summary Disposition of the "Legal Authority" Issues (Contentions EP 1-10), dated March 20, 1987.

The EBS system is also the subject of a "realism" contention, j Contention 5, which states:

Whether LILCO's errergency plan and the best efforts response of i

the State and County governments will satisfy regulatory l requirements concerning activating sirens and directing the broadcast and contents of emergency broadcast system messages to the public.

Merrcrandum (Extension Disposition Motions of Board's of Legal AuthorityRuling (and Opinion on LILCO SummaryRea to Parties on New Rule 10 C.F.R. 6 50.47(c)(1), dated April 8,1988.

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's 3 inclusion in their EBS message and (2) contacting WCBS directly to transmit the EBS ressage. 2/ Specifically, the Local Emergency Response Organization (LER0) is to contact State and local officials to seek access to the EBS network. OPIP3.0.2.,p,1(Rev.10). Consistent with the "realism" principle (10 C.F.R. I 50.47(c)(1)), the contacted officials would give LERO permissien to access the State EBS. Nevertheless, snould these efforts be unsuccessful, the LERO is to contact WCBS (the cognizant EBS station) directly to have EBS messages broadcast. See OPIP

i. 3.8.2, p. 4 (Rev. 10); LILCO Plan, pp. 3.8-6, 3.8-7. WCBS would not need the permission of State or local government officials to activate the EBS because Federal Communications Commission regulations permit activation of the EBS "in connection with day-to-day emergency situations posing a threat to the safety of life and property." 47 C.F.R. ! 73.935.

Therefore, the Board should dismiss the contentions concerning the signal coverage of WPLR as moot and provide an opportunity for Intervenors 1

to frame contentions concerning the change to WCBS.

Respectfully sutritted.

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RTcha d G. Bachmann Counsel for NRC Staff l

Dated at Rockville Maryland this 20th day of June 1968 i

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LILCO Plan, Rev.10, at pp. 3.8-6, 3.8-7; OPIP 3.1.1. Att. 10, pp. 66, 86a; OPIP 3.8.?, pp. 1, la, 4, 4a.

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T 00LKETED USHRC UNITED ST ATES OF AMERIC A NUCLEAR REGUL ATORY COMMISSION

.lE JN 23 P4 :25 BEFORE THE ATOMIC SAFETY AND LICENSING B0$RDJF nw ucjy w m g r . Ei<virt.

In the Matter of LONG ISLAND LIGHTING COMPANY Docket No. 50-322-OL-3 (Emergency Planning)

(Shoreham Nuclear Power . Station, Unit 1)

CERTIFIC A1E OF SERVICE I I hereby certify that copies of "NRC ST AFF BRIEFING ON THE EMERGENCY B RO ADC ASTIN G SYSTEM IS S U E" in the above-captioned proceeding have been served on the fo11 ewing by deposit in the U nited States m ail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system or, as indicated by dou ble asterisks, by telecopier, this 20th day cf June 1988.

James P. Gleason, Chairman ** Jerry R. Kline**

Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board ll.S. Nuclear Regulatory Commission U.S. Nuclear Repu' story Commission Weshington, D C 20555 Washington, D C 20555 Frederick J. Shon** Jonathan D. Feinberg, Esq.

Administrative Judge New York State Department of Atomic Safety and Licensing Public Sersice 1

Board Three Empire State Plaza U.S. Nuclear Regulatory Commission Albany, N Y 12223 Washington, D C 20555 Joel Blau, Esq. Fabian G. Palomino, Esq.**

Director, Utility Intervention Special Counsel to the Governor Suite 1020 Executive Chamber 99 Warhington Avenue State Capitol Albany, N Y 12210 Albany, NY 12224 l

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i Philip McIntire W. Taylor Reveley Ill, Esq.

Federal Emergency Management Donald P. Irwin, Esq.**

Agency Hunton & Hilliams 26 Federal Plaza 707 East Main Street Room 1349 P.O. Box 1535  ;

New York, NY 10278 Richniond, V A 23212 Stephen B. Latham, Esq. Herbert H. Brown, Esq. F Twomey, Latham & Shea Lawrence Coe Lanpher, Esq.**

Attorneys at Law Karla J. Letsche, Esq.

33 West Second Street Kirkpatrick & Lockhart Riverhead, N Y 11901 South Lobby - 9th Floor 1800 M Street, NW Atomic Safety and Licensing Washington, D C 20036-5891 Board Panel

• U.S. Nuclear Regulatory Commission Jay Dunkleberger Washington, DC 20555 New York State Energy Office Agency Building 2 Atonite Safety and Licensing Empire State Plaza Appeal Board Panel

• Albany, N Y 12223 U.S. Nuclear Regulatory Commission Washington, DC 20555 Spenco W. Perry, Esq.

Martin Bradley Ashare, Ecq. General Counsel Suffolk County Attorney Federal Emergency Management

! H. Lee Dennison Building Agency Veteran's Memorial Highway S00 C Street, SW .

4 Hauppauge, NY 11788 Washington, D C 20472 Anthony F. Earley, Jr. Alfred L. Nordelli, Esq.

• New York State Department of Law General Counsel

120 Brcadway Long Island Light Company Rcom 3-118 175 East Old Country Road New York, NY 10271 Hic k s ville, N Y 11801 i Dr. Monroe Schneider Ms. Nora Bredes North Shore Committee Shoreham Opponents Coalition P.O. Box 231 195 East ". ain Street Wading River, N Y 11792 5mithtown, N Y 11787 Willia m R . C u m min g , E s q . Barbara Newman Office of General Counsel Director, Environmental Health '

Federal Emergency Management Agency Coalition for Safe Living 500 C Street, SW Box 944 Washington, DC 20472 Huntington, New York 11743 I i 1  ;

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'I Dr. Robert Hoffman Docketing and Service Section*

Long Island Coalition for Safe Office or the Secretary Living U.S. Nuclear Regulatory - Commission

. P.O. Box 1355 Washington, D C 20555 Massapequa, NY 11758 Dr.'y. Reed Johnson 115 Falcon Drive, Colthurst Charlottesville, V A 22901 N /. A '

chard G. Bachmann Counsel for N R C Staff l

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