ML20198G989
| ML20198G989 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/21/1986 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | Smith E AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 8605300072 | |
| Download: ML20198G989 (10) | |
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MAY 21 W Mrs. Ethel I. Smith 359 Emory Road Mineola, New York 11501
Dear Mrs. Smith:
Thank you for your letter dated January 31, 1986 to Vice President Bush concerning the Sheraham Nuclear Power Station. As he stated in his April 20, 1986 reply to you, the Vice President has forwarded your letter to me for a further explanation of the role of the Federal government in licensing Shoreham.
The Atomic Energy Act, which is a Federal law passed by the Congress, provides a two stage process for the licensing of commercial nuclear power reactors.
The first stage of this process involves a determination as to whether a construction permit may be issued.
In April 1973, after extensive evidentiary hearings had been conducted, the Atomic Energy Connission (predecessor to the NRC) issued a construction permit for Shoreham, thereby allowing the plant to be built. At that time, LILCO was found to have complied with all applicable laws and regulations governing the issuance of such construction permits, including existing requirements relating to emergency planning for radiological accidents.
Following the accident at Three Mile Island in March 1979, the NRC's regulations relating to emergency planning for radiological accidents were extensively revised and expanded. Operating license applicants are now required to submit the emergency plans of State and local governments with jurisdiction over areas lying within the 10-mile emergency) planning zone (EPZ) for review by the Federal Emergency Management Agency (FEMA and ultimate approval by the NRC.
Significantly, commencing in 1982, Suffolk ' County and the State of New York determined that they would oppose LILC0's efforts to obtain an operating license for the Shoreham plant, based upon Suffolk County's belief'that the populace within the vicinity of the Shoreham plant could not be safely evacuated in the event of a radiological accident.
Extensive hearings were held on LILCO's application for an operating license.
With respect to all contested environmental and health and safety issues other than emergency planning, the Commission and its adjudicatory boards determined that the Shoreham facility is in compliance with Federal laws and regulations and may be licensed to operate. On that basis,-and because offsite emergency is not required for low levels of power operation, a low power planning (for leve_1s up'to 5% of rated power) was issued'to LILCO'in July 1985.
license With respect to emergency planning, an NRC Licensing Board and the Federal Emergency Management Agency have now determined that LILC0 has satisfied virtually all' applicable regulatory requirements. However, Suffolk County and the State of New York continue to refuse to participate in offsite emergency planning for the plant, and a New York State court has determined that LILC0 8605300072 860521 PDR ADOCK 05000322 H
Mrs. Ethel I. Smith is prohibited by State law from implementing its own offsite emergency plan.
An NRC Licensing Board and Appeal Board has determined, as a matter of law, that the State laws in question are not preempted by Federal law; LILC0 has sought review of this determination by the Commission, which is now considering LILC0's request. However, in view of the current state of the law, as determined by the NRC's adjudicatory boards, and because an implementable offsite emergency plan is required to provide reasonable assurance as to the adequacy of emergency planning for a nuclear reactor, it is presently unclear whether LILC0 will be able to obtain a license to operate the Shoreham plant in the absence of further adjudicatory or legislative action.
Concerning the exercise of the Shoreham emergency plan which was held on February 13, 1986, the Commission determined that the performance of this exercise was necessary to assist in determining whether any defects that exist as a result of the limitations of the plan when executed under the state and county restrictions, are significant under the NRC's regulations.
In order to test LILC0's planned response to ad hoc governmental participation in an actual emergency and to add more Te'aTism to the exercise, federal employees played the role of certain state and local officials during the exercise.
Through this role-playing, the NRC attempted to evaluate LILC0's capability (1) to accommodate the presence of state and local officials, (2) to support those officials using the resources available through LILCO, and (3) to provide those officials with sufficient information to carry out their state and county responsibilities. These " actors", however, did not play decision-making roles, did not assume any command and control authority, did not interact with members of the public so as to lead anyone to believe that they were actually county officials, and did not actually perform any state or local functions exclusively reserved to state or county officials by state or county laws.
The number of actors used in this aspect of the exercise and the detailed instructions they provided were based, primarily, on New York State plans for other nuclear power plants and the manner in which New York State personnel and other counties have participated in other New York facility exercises.
i The performance of the exercise did not, therefore, infringe on any legitimate duties or obligations of any state and local officials.
I hope that this addresses your concerns. Please do not hesitate to contact me in the event you have any additional questions.
Sincerely, OrgulW Bir Darrell G. Eisenhut, Acting Director Office of Nuclear Reactor Regulation cc: Linda Swacina Office of the Vice President Old Executive Office Building Room 287
$fq Washington, D. C.
20501
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Mrs. Ethel I. Smith is prohibited by State law from implementing its own offsite emergency plan.
An NRC Licensing Board and Appeal Board has determined, as a matter of law, that the State laws in question are not preempted by Federal law; LILC0 has sought review of this determination by the Commission, which is now considering LILCO's request. However, in view of the current state of the law, as determined by the NRC's adjudicatory boards, and because an implementable offsite emergency plan is vital in order to provide reasonable assurance as to the adequacy of emergency planning for a nuclear reactor, it is presently unclear whether LILC0 will be able to obtain a license to operate the Shoreham plant in the absence of further adjudicatory or legislative action.
Concerning the exercise of the Shoreham emergency plan which was held on February 13, 1986, the Commission determined that the performance of this exercise was necessary to assist in determining whether any defects that exist as a result'of the limitations of the plan when executed under the state and county restrictions, are significant under the NRC's regulations.
In order to test LILCO's planned response to ad hoc governmental participation in an actual emergency and to add more FeaTTs'm to the exercise, federal employees j ( ( g, t played the role of certain state and local officials during the exercise, Through this role-playing, the NRC attempted to evaluate N capobility (1) to accommodate the presence of state and local officials, (2) to support those officials using the resources available through l@D, and (3) to provide those U 4(0 officials with sufficient information to carry out their state and county responsibilities. These " actors", however, did not play decision-making roles, did not assume any command and control authority, did not interact with members of the public so as to lead anyone to believe that they were actually county officials, and did not actually perform any state or local functions axclusivel reserved to state or county officials by state or county laws.
- V The number of actors used in this aspect of the exercise and the detailed instructions they provided were based, primarily, on New York State plans for other nuclear power plants and the manner in which New York State personnel and other counties have participated in other New York facility exercises. The performance of the exercise did not, therefore, infringe on any legitimate duties or obligations of any state and local officials.
I hope that this addresses your concerns.
Please do not hesitate to contact me in the event you have any additional questions.
Sincerely, Harold R. Dentou, Director Office of Nuclear Reactor Regulation N. shn r
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DISTRIBUTION Green Ticket No. 001717 Docket No. 50-322 Docket File NRC PDR Local PDR-PD#4 Reading ED0 #001717 ED0 Reading HDenton/DEisenhut RBernero RHouston Glainas ERossi l
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ACBON EDO PRINCIPAL CORRESPONDENCE CONTROL
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FROM:
DUE: 05/23/86 EDO CONTROL: 001717 DOC DT: 01/31/86 ETHEL 1. SMITH FINAL R.EPLY:
/J/'Qh 3 g/[fp (VICE PRESIDENT REFERRAL DTD 5/5/86)
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TO:
VICE PRESIDENT BUSH FOR SIGNATURE OF:
OREEN SECY NO:
DENTON l
DESC:
ROUTING:
CONCERNS RE SHOREHAM MURLEY GCUNNINGHAM DATE: 05/09/86 TAYLOR ASSIGNED TO: NRR CONTACT: DENTON SPECIAL INSTRUCTIONS OR REMARKS:
CC OF REPLY TO:
LINDA SWACINA OFFICE OF THE VICE PRESIDENT OLD EXECUTIVE OFFICE BUILDING ROOM 287 WASHINGTON,.DC 20501 NRR RECEIVED: e05/12/86., _ _
M ACTION:
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DENTON/EISENHUT PPAS MOSSBURG/ TOMS
GFFICE'OF THE VICE PRESIDENT REFERRAL Yllsj h,l/f(p To:
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Nuclear Regulatory Commission
-March r0, 1985 ACTION REQUESTED Draft reply for.
_ Vice President's signature Undersigned's signature NOTE Memorandum for use as enclosure to reply.
Prompt action is essential.
._XX___ Direct reply.
U nue than m luiurs' elelay is encesuntered, Furnish information copy.
gileane telephone the unilernigned immeiliately.
XX Linda Swacina OVP--Room 287 OEOB Suitable acknowledgment or other appropriate handling.
456-2172 Basic correspondence should be returned when Furnish copy of reply, if any.
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draft reply, memorandum, or comment is r e-quested.
For your information.
For comment.
REMARKS:
==
Description:==
XX l.etter:
Telegram: Other:
To. The Vice President From: Mrs. Ethel I. Smith Date:
mary 31, 1986
Subject:
Shoreham lly direction of the Vice President (Copy to rornoin with correspondence)
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1 THE VICE P RESIDENT l
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MI WASHINGTON y\\
tr.dr 20, 1986 I
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Mrs. Ethel I.
Smith 359 Emory Road Mineola; New York 11501 1
Dear Mrs. Smith:
I' Thank you for taking a moment to write and j
share your concerns about the Shoreham nuclear plant.
l As you know, the Nuclear Regulatory Commission
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(NRC) has granted a license for the Shoreham plant to operate at five percent of power.
In order to~ receive a license to operate at more than five percent of power; l
an emergency plan must be prepared and approved.
As you 1
noted; Suffolk County and New York State officials are
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opposed to the plant, and thus; have refused to prepare i
an emergency plan.
1 1
l I can understand your concern about the role j
of the federal government in licensing the Shoreham t
plant.
Let me assure you that we do consider the views l
of state and local officials and~ citizens to be very important in this matter.
For a further explanation of i
the role of the federal government in licensing i
Shoreham; I have forwarded your letter to the NRC for a response.
In the meantime; you can be sure I have made note of your concerns.
l Again; I appreciate your sharing your views i
with me.
l Sincerely; i
George Bush t
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VICE PRESIDENT Mr. Victor Stello Acting Executive Director of Operations 1
Nuclear Regulatory Commission Washington, D.C.
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