ML20198S011
| ML20198S011 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/05/1986 |
| From: | Reis E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#286-475 OL-3, NUDOCS 8606100286 | |
| Download: ML20198S011 (7) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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JUN 61986*"
t BEFORE TIIE COMMISSION r
In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-3
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(Emergency Planning)
(Shoreham Nuclear Power Station,
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Unit 1)
)
NRC STAFF RESPONSE TO MOTION OF SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON SUPPLEMENT TO MOTION FOR NRC TO ESTABLISH POST-EXERCISE PROCEDURES Edwin J. Reis Assistant Chief Hearing Counsel June 6,1986 8606100286 860605 PDR ADOCK 0500 2
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BEFOIN' TIIE COMMISSION
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In the Matter of
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LONG ISLAND LIGIITING CO!PDANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Stenon,
)
Unit 1)
)
NRC STAFF RESPONSE TO MOTION OF SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTIIAMPTON SUPPLEMENT TO MOTION FOR NRC TO ESTABLISII POST-EXERCISE PROCEDURES INTRODUCTION On June 2,
1986, the intervenors in this proceeding filed a
" Supplement to Motion for NRC to Establish Post-Exercise Procedures".
In that motion the intervenors request inter alla that the Commission:
(i) return to FEMA its April 17, 1980, Shoreham Post Exercise Assessment; (ii) urge FEMA to hold a public meeting on the February 3,1986 exercise in the vicinity of the Shoreham plant; and (iii) hold in abeyance post-exercise litigation until the revised TEMA report is received.
DISCUSSION The NRC Staff opposes the requests in this June 2,
- 1986, supplement to the intervenors' motion of March 7, 198G, to establish post-exercise procedures.
The supplement is predicated solely on the
_ intervenor's interpretation of FEMA regulations, 44 C.F.R. II 350.10 and 350.11, as requiring FEMA to hold a public meeting before issuing a post-exercise report.
As indicated in the attached letter of the FEMA General Counsel (Letter from Spece W. Perry to Farian Palomino (April 21, 1986).
FEMA has interpreted that agency's regulations in 44 C.F.R. Part 350 as not being appH. cable to this case and thus has concluded that no public hearing on the exercise evaluation is required.
He further pointed out that the intervenors would have ample opportunity in an NRC hearing to examine the basis of the FEMA evaluation.
Given the above interpretation by FEMA of its own regulations, it would be inappropriate for the NRC to now seek to resolve questions of the meaning of that agency's regulations in a contrary manner. b The FEMA General Counsel has interpreted those regulations as not to require the meeting intervenors seek.
The NRC should not ask FEMA to conduct the meeting which FE?lA says is not provided for by its regulations.
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As h~as been indicated in past NRC decisions, deference should be paid to determinntions of other governmental authorities on the scope and meaning of matters within their primary jurisdiction.
See Public Service Co. of New Ilampshire (Seabrook Station, Units 1 a Y),
CLI-78-1, 7
NRC 1,
23-27 (1978);
Consolidated Edison Co. of New York (Indian Point Station, Unit 2),
ALAB-399, 5 NRC 1156,1169-70 (1977).
_ CONCLUSION For the above stated reasons the relief requested in intervenors' supplement to their motion to set post-exercise procedures should be denied.
Respectfully submitted, Edwin J. Reis Assistant Chief Hearing Counsel Dated at Bethesda, Maryland this f_8 day of June,1986 9
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMPIISSION BEFORE Tile COMMISSION in the Matter of
)
)
LONC ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
CERTIFICATE OF SERVICE I hereby ecrtify that copies of "NRC STAFF RESPONSE TO MOTION OF SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTIIAMPTON SUPPLEMENT TO MOTION FOP. NRC TO ESTABLISII POST-EXERCISE PROCEDURFS" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 6th day of June,1986.
A copy of this pleading was also sent electronically to the Office of General Counsel of the Nuclear Regulatory Commission on the 5th day of June,1986.
Morton B. Margulies, Chairman
- Fabian G. Palomino, Esq.
Administrative Judge Special Counsel to the Governor Atomic Safety and Licensing Board Executive Chamber U.S. Nuclear Regulatory Commission State Capitol Washington, D.C.
20555 Albany, NY 12224 Dr. Jerry R. Eline*
W. Taylor Reveley III, Esq.
Administrative Judge Hunton & Williams Atomic Safety and Licensing Board 707 East Main Street U.S. Nuclear Regulatory Commission P.O. Box 1535 Washington, D.C.
20555 Richmond, VA 23212 Mr. Frederick J. Shon*
Jonathan D. Feinberg, Esq.
Administrative Judge New York State Department of Atomic Safety and Licensing Board Public Service U.S. Nuclear Regulatory Commission Three Empire State Plaza Washington, D.C.
20555 Albany, NY 12223
i
, Atomic Safety and Licensing Board Panel
- Donna D. Duer, Esq.*
U.S. Nuclear Regulatory Commission Attorney Washington, D.C.
20555 Atomic Safety and Licensing Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Appeal Board Panel
- Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Dr. Monroe Schneider North Shore Committee P.O. Box 231 Docketing and Service Section*
Wading River, NY 11792 Office of the Secretary U.S. Nuclear Regulatory Commission Stewart M. Glass, Esq.
Washington, D.C.
20555 Regional Counsel Federal Emergency Management Spence Perry, Esq.
Agency Associate General Counsel 26 Federal Plaza Federal Emergency Management Agency Room 1349 Room 840 New York, NY 10278 500 C Street, S.W.
Washington, D.C.
20472 Robert Abrams, Esq.
Attorney General of the State Gerald C. Crotty, Esq.
of New York Ben Wiles, Esq.
Attn: Peter Bienstock, Esq.
Counsel to the Governor Department of Law Executive Chamber State of New York State Capitol Two World Trade Center Albany, NY 12224 Room 46-14 New York, NY 10047 Edward M. Barrett, Esq.
MIIB Technical Associates General Counsel 1723 Hamilton Avenue Long Island Lighting Company Suite K 250 Old County Road San Jose, CA 95125 Mineola, NY 11501 IIon. Peter Cohalan Martin Bradley Ashare, Esq.
Suffolk County Executive Suffolk County Attorney County Executive / Legislative Bldg.
H. Lee Dennison Building Veteran's Memorial liighway Veteran's Memorial Highway llauppauge, NY 11788 Hauppauge, NY 11788 Stephen B. Latham, Esq.
John F. Shea, III, Esq.
Herbert H. Brown, Esq.
Twomey, Latham & Shea Lawrence Coe Lanpher, Esq.
Attorneys at Law Karla J. Letsche, Esq.
P.O. Box 398 Kirkpatrick & Lockhart 33 West Second Street 1900 *M Street, N.W.
Riverhead, NY 11901 8th Floor Washington, DC 20036
1 3-Mr. Jay Dunkleberger Ms. Nora Bredes New York State Energy Office Shoreham Opponents Coalition Agency Building 2 195 East Main Street Empire State Plaza Smithtown, NY 11787 Albany, New York 12223 Chris Nolin Mr. Robert Hoffman New York State Assembly Ms. Susan Rosenfeld Energy Committee Ms. Sharlene Sherwin 626 Legislative Office Building P.O. Box 1355 Albany, NY 12248 Massapequa, NY 11758 Brookhaven Town Attorney Office of General Counsel j
475 E. Main Street U.S. Nuclear Regulatory j
Patchogue, NY 11772 Commission Washington, DC Samuel J. Chilk Secretary U.S. Nuclear Regulatory Commission V.'ashington, DC 20555 Edwin J. J141s Assistan)/ Chief Ilearing 4
Counsel 1
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