ML20203E391
| ML20203E391 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/22/1986 |
| From: | Lanpher L, Latham S, Palomino F ISHAM, LINCOLN & BEALE, KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY, TWOMEY, LATHAM & SHEA |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20203E357 | List: |
| References | |
| ALAB-832, OL-3, NUDOCS 8607240138 | |
| Download: ML20203E391 (15) | |
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DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
. 6 JL 22 P3:d2 CFg((j r m,
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y In the Matter of
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LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station
)
Unit 1)
)
)
SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON SUPPLEMENTAL ANSWER TO LILCO'S PETITION FOR REVIEW OF ALAB-832 This Supplemental Answer is in further support of the Answer to LILCO's Petition for Review of ALAB-832 filed by Suffolk County, the State of New York and the Town of Southampton (the
" Governments") on April 22, 1986.1 LILCO's Petition sought review of five alleged errors supposedly embodied in ALAB-832, including the Appeal Board's reversal of the ASLB's decision on the adequacy of the Nassau Coliseum as a reception center and its refusal to consider the Governments' proffered testimony on that subject.
In their Answer, the Governments demonstrated why the Appeal Board was correct in its relocation center rulings and urged the Commission to deny the LILCO Petition.
1 Suffolk County, State of New York, and Town of Southampton Answer to LILCO's Petition for Review of ALAB-832 (April 22, 1986) (hereafter, " Answer").
8607240138 860722 PDR ADOCK 05000322 G
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an event Subsequent to the filing of the Answer, however, occurred which provides substantial additional support for the Governments' position that the Appeal Board must be affirmed on l
this isste:
the Nassau County Board of Supervisors barred LILCO's use of the Coliseum.
The Commission has not yet ruled on the Petition, but appatently intends to do so in the near future.
CLI-86-ll at 2.
The purpose of this Supplemental Answer is to bring this recent action to the attention of the Commission and i
explain its significance with respect to ALAB-832 to ensure that I
the Commission takes this event into account in its decision on l
ALAB-832.
Discussion Attached hereto as a.
tments I and II are resolutions adopted by the Nassau County Board of Supervisors on June 16, 1986, and signed into law that same day by Henry W. Dwyer, Acting l
Nassau County Executive.
In pertinent part, the resolutions l
state:
4 RESOLVED, that the purported designation of the Nassau Veterans Memorial Coliseum by the Long Island Lighting Company as a Nuclear Disaster Evacuation Center be and the same is hereby declared a nullity, contrary to law and void; and be it further RESOLVED, that no Nassau County facilities, including the Nassau Veterans Memorial Coliseum, are or will be available for the use by the Long Island Lighting Company, or by the Facility Management Corporation of New York, Inc., as part of the Long Island Lighting Company emergency plan, unless prior approval by resolution is first obtained from the Nassau County Board of Supervisors; r
e 4
Thus, it is clear that: (1) there is no agreement between Nassau County (which owns the Nassau County Veterans Memorial Coliseum) and LILCO or any other entity for the use of that facility as part of LILCO's Plan for Shoreham; (2) the Board of Supervisors is the entity with the authority and responsibility to make the decision to permit use of the Coliseum as a reception center in the event of a Shoreham emergency; (3) the Board of Supervisors has decided not to permit such use, and no such use can take place in the future without the prior approval of the Board; and (4) no other Nassau County facilities will be available for use by LILCO in implementing its Plan for Shoreham.
These resolutions mean that once again there exists a substantial void in the record.
The identical situation in 1984 gave rise to the ASLB's permitting LILCO an unprecedented fourth try to meet its burden of demonstrating the existence, availa-for the bility and adequacy of a facility as a " reception center" LILCO radiological monitoring and decontamination of evacuees.
attempted to meet that burden by asserting that the Nassau Coliseum was available and a part of the LILCO Plan.
That LILCO argument was the subject of the " relocation center litigation" in 1985, which culminated in the ASLB's August 26, 1985, decision.
LBP-86-31, 22 NRC 410 (1985), rev'd, ALAB-832, 23 NRC 135, 157-62 (1986).
In that litigation, the Governments consistently maintained, among other things, that the so-called " agreements" l
relied upon by LILCO to support its claim that the Coliseum was available to be a reception center, were invalid.
That was one of many issues which the Margulies ASLB erroneously refused to permit the Governments to litigate.
Clearly, LILCO's Plan now includes no reception center at all, much less one for which there exist valid agreements, or one which has adequate facilities and services to accommodate and perform radiological monitoring and decontamination of over 100,000 evacuees.2 The resolutions constitute additional, conclusive support for the Appeal Board's reversal in ALAB-832 of the ASLB's findings concerning the adequacy of the Nassau Coliseum as a reception center.
the resolutions mandate that this Commission rule
- Moreover, finally on the relocation center issue, rather than remanding for Since additional litigation as suggested by the Appeal Board.
there is now no relocation facility in the LILCO Plan, there is nothing that needs to be litigated.
LILCO clearly does not comply with 10 CFR S 50.47 in that it has identified no facility for the relocation, radiological monitoring, or decontamination This obviously constitutes a critical defect in of evacuees.
LILCO's plan, which mandates immediate denial of LILCO's operating license application.
2 During the February 13 Shoreham exercise, the LILCO exercise
" players" " recommended" that over 100,000 evacuees report to the Nassau Coliseum for monitoring and possible decontamination because, given the accident scenario in the exercise, that number of EPZ residents were potentially exposed to radiation during their supposed evacuation efforts.
For the foregoing reasons in addition to those set forth in the Governments' Answer, LILCO's Petition for Review of ALAB-832 should be denied.
The Commission should find for the Governments on the relocation center issues and deny LILCO an operating license.
Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 Herbert H. Brown Lawrence C. Lanpher Karla J. Letsche Kirkpatrick & Lockhart 1900 M Street, N.W.
Washington, D.C.
20036 Attorneys for Suffolk County Y h.
95M o y
j Fabian G. Palomino i
Special Counsel to the Governor of New York State l
Executive Chamber
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Two World Trade Center l
Attorney for Governor Mario M.
Cuomo and the State of New York l
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Stephen B. Latham Twomey, Latham & Shea P.O. Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of Southampton July 22, 1986 l _ -_.__.
Attachment Z 4
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N JM 27 P2:o; l
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RESOLUTIONNO.'[fl#198d i
A RESOLUTION RELATIVE TO THE USE OF THE NASS MEMORIAL COLISEUM IN A LONG ISLAND LIGHTING COM l
ii PLAN.
I 16 W 4 Passed by Board of Supervisors on g
Votes for /..f a votes against.funt, Seceso a 61916eith the approval resolutten en jpg 3
of the Astias County Esecutive.)
'i WHEREAS, the Long Island Lighting Company has entered
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into an agreement with the Hyatt Management Corporation of :;ew
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Inc., which purports to designate the Nassau Veterans
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Memorial Coliseum as a Nuclear Disaster Evacuation Center, and WHEREAS, the County Attorney of the County of Nassau phasadvisedtheBoardofSupervisorsasfollows:
allow such a
"....The terms of the lease do not i
f The provisions of the New use by the tenant.
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.I York State Executive Law preempts to the Governo l
and the County Executive the implementation of l
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l all facilities within the territorial limits i
of the disaster area in the event of a nuclear l
(radiological) disaster.
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....The proposed amendment to the lease agreemen prohibiting the use of the Nassau Veterans Memoria Coliseum as an evacuation center in the even i
catastrophe would be a nuclear (radiological) nullity.",
now, therefore be it RESOLVED, that the purported designation of the Nassau f
Veterans Memorial Coliseum by the Long Island Lighting Compa hereby a Nuclear Disaster Evacuation Center be and the same further declared a nullity, contrary to law and void; and be it RESOLVED, that a copy of this resolution shall be forth-f, ith served upon the Long Island Lighting Company and r w
Inc., formerly known as Hyatt Management Management of New York, d orporation of New York, Inc., and filed with notice
'C i
t service with the office of the Nuclear Regulatory Commiss on a Washington, D.C. rand be it further that a copy of this resolution shall be fortr RESOLVED,
f Nassau.,
, with published in the official newspaper of the County o
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HENRY W.DWYER n
acEkW County Docuove i1 t
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LI%TE OF NEW YORK No.P 30096 COUNIY OF NASSAU J
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- l. JOHN A. DeGRACE Clerk of the Board, Nassau County Board of Supervssors. Jo hereby certsfy that the y
foregoing is a true and correct copy of the orsgsnal
- M2_W.'W Ya W2-/ Wh July passed by the Board of Supervisors of Nassau County. New York. on nv,_ i /.. /SN.
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and approved by the County Executive on_.
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and on fsle un my office and recorded in the record of the proceedings of the Board of Supervssors of the County of Nassau ana is the whole of said orsginal.
1 IN WITNESS WHEREOF. I have hereunto et my hand l
and affixed the officiul seal of said Board of Supervisors, this 03*
day of ' Jcew
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in e year ne thousand nine hu red and e.t u
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i JOlWA. DeGRACE l
ssseen wu Clerk of the Board Nassau County Board of Supervssors
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ds%F N 3 27 P2:01 Orre: A,$$c?'O RESOLUTION NO. 7823e1986 DOCMn --
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A RESOLUTION AMENDING A RESOLUTION ENTITLED:
MEMORIAL RESOLUTION RELATIVE TO THE USE OF TEE NASSA N PLAN.*
COLISEUM IN A LONG ISLAND LIGITING CONFANT'S E M
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(?nssed by seerd et supervisers en i
Desees a votes assiast, NONE Totes for 108 3 eist,t. a,, reg
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of tee Aasias County Ensentive.)
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I t ed WHEREAS, the Long Island Lighting Company has en er I
I f New into an agreement with the Hyatt Management Corporation o l
t rans York, Inc., which purports to designate the Nassau Ve e Center, and Memorial Coliseum as a Nuclear Disaster Evacuation has advise.
WHEREAS, the County Attorney of Nassau County l
f the lease between Nassa the Board of Supervisors that the terms o Inc.,
l
'I County and the Facility Management Corporation of New York, i do not allow for such use of the Nassau Veteran and now, therefore be it RESOLVED, that the purported designation of the Nassau i g Company as l
Veterans Memorial Coliseum by the Long Island Light n b
l a Nuclear Disaster Evacuation Center be and the same is here y declared a nullity, contrary to law and voids and be it further l
ding RESOLVED, that no Nassau County f acilities, inclu i
i ill be available the Nassau Veterans Memorial Coliseum, are or w Facil for the use by the Long Island Lighting Company, or by the i
Corporation of New York, Inc., as part of the Long i
Management roval by l Island Lighting Company emergency plan, unless prior app I
IresolutionisfirstobtainedfromtheNassauCou I
and be it further
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} Supervisors i
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RESOLVED, that a copy of this resolution shall be forth-with served upon the Long Island Lighting Company and Facility I
I Management of New York, Inc., formerly known as Hyatt Management Corporation of New York, Inc., and filed with notice of such
=erfice with the office of Nuclear Regulatory Connaission at f
washington D.C.; and be it further that a copy of this resolution shall be forth f
- RESOLVED, with published in the of ficial newspaper of the County of Nassau,
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No.P 30097 t
STATE OF NEW YORKgss..
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COUNTY OF NASSAU i
d of Supervssors. do hereby certsfy that the I. JOHN A. DeGRACE Clerk of the Board. Nassau County Boar *d/fiu! A July i
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foregosng is a true and correct copy of the oruginal
- New York, on -
-l w./.3', ' PN L
l passed by the Board'of Supervisors of Nassau County and approved by the County Executsve on }_c_lv
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and on fsle un my I
f the Board of Superessors of the County of Nassau a h
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office and recorded sn the record of the procee ings o is the tchole of said original.
IN WITNESS WHEREOF. I have hereunto set my han I
and affuzed the officiul seal of sand Board of Supervisors.
}cr I'
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-day of :f this _
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in the year one thousand nine hundred and.i ja _
l JohA. DeGRACE l
Clerk of the Board Nassau County Board of Supervssors
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission
)
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 SUFFOLK COUNTY, STATE OF AND TOWN OF SOUTHAMPTON MOTION FOR LEAVE TO FILE NEW YORK, SUPPLEMENTAL ANSWER TO LILCO'S PETITION FOR REVIEW OF ALAB-832 and SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON SUPPLEMENTAL ANSWER TO LILCO'S PETITION FOR REVIEW OF ALAB-832 have been served on the following this 22nd day of July 1986 by U.S. mail, first class, except as otherwise noted.
- Lando W. Zech, Jr., Chairman William C.
Parler, Esq.
U.S. Nuclear Regulatory Comm.
General Counsel U.S. Nuclear Regulatory Comm.
Room 1113 1717 H Street, N.W.
10th Floor Washington, D.C.
20555 1717 H Street, N.W.
Washington, D.C.
20555
- Comm.' James K. Asselstine
- Comm. Frederick M. Bernthal U.S. Nuclear Regulatory Comm.
U.S. Nuclear Regulatory Comm.
Room 1156 Room 1136 1717 H Street, N.W.
1717 H Street, N.W.
Washington, D.C.
20555 Washington, D.C.
20555
- Comm. Thomas M. Roberts
- Bernard M. Bordenick, Esq.
U.S. Nuclear Regulatory Comm.
U.S. Nuclear Regulatory Comm.
Room 1103 7735 Old Georgetown Road 1717 H Street, N.W.
8th Floor, Room 8704 Bethesda, Maryland 20814 Washington, D.C.
20555
^
s Alan S. Rosenthal, Chairman Stuart Diamond Atomic Cafety and Licensing Business / Financial NEW YORK TIMES Appeal Board U.S. Nuclear Regulatory Comm.
229 W. 43rd Street New York, New York' 10036 Washington, D.C.
20555 Mr. Howard A. Wilber Joel Blau, Esq.
Atomic Safety and Licensing New York Public Service Comm.
The Governor Nelson A.
Appeal Board Rockefeller Building U.S. Nuclear Regulatory Comm.
Washington, D.C.
20555 Empire State Plaza Albany, New York 12223 Mr. Gary J.
Edles Stewart M.' Glass, Esq..
Atomic Safety and Licensing Regional Counsel Federal Emergency Management Appeal Board U.S. Nuclear Regulatory Comm.
. Agency Washington, D.C.
20555 26 Federal Plaza New York, New York 10278 Mr. William Rogers Anthony F.
Earley, Jr., Esq.
General Counsel Clerk Suffolk County Legislature Long Island Lighting Company Suffolk County Legislature 175 East Old Country Road Office Building Hicksville, New York 11801 Veterans Memorial Highway Hauppauge, New York 11788 Spe'nce Perry, Esq.
- if. Taylor Reveley, III, Esq.
Associate General Counsel Hunton & Williams Federal Emergency Management P.O. Box 1535 707 East Main Street Agency Washington, D.C.
20471 Richmond, Virginia 23212 Mr. L. F. Britt Mr. Jay Dunkleberger New York State Energy Office Long Island Lighting Company l
Shoreham Nuclear Power Station Agency Building 2 l
North Country Road Empire State Plaza Wading River, New York 11792 Albany, New York 1222h s
Ms. Nora Bredes Stephen B.
Latham, Esq.
Executive Director Twomey, Latham & Shea Shoreham Opponents Coalition 33 West Second Street Riverhead, New York 11901 195 East Main Street Smithtown, New York 11787
s t
- Docketing and Service Section Mary Gundrum, Esq.
New York State Department Office of the Secretary U.S. Nuclear Regulatory Comm.
of Law 2 World Trade Center, Rm. 4614 1717 H Street, N.W.
New York, New York 10047 Washington, D.C.
20555 MHB Technical Associates Hon. Peter Cohalan Suffolk County Executive 1723 Hamilton Avenue H. Lee Dennison Building Suite K San Jose, California 95125 Veterans Memorial Highway Hauppauge, New York 11788 Martin Bradley Ashare, Esq.
Dr. Monroe Schneider North Shore Committee Suffolk County Attorney Bldg. 158 North County Complex P.O. Box 231 Veterans Memorial Highway Wading River, New York 11792 Hauppauge, New York 11788 Fabian G. Palomino, Esq.
Atomic Safety and Licensing Special Counsel to the Governor Appeal Board Executive Chamber, Rm. 229 U.S. Nuclear Regulatory Comm.
State Capitol Washington, D.C.
20555 Albany, New York 12224 David A.
Brownlee, Esq.
Kirkpatrick & Lockhart 1500 Oliver Building Pittsburgh, Pennsylvania 15222 Lawrence Coe Langher KIRKPATRICK & LOCKHART 1900 M Street, N.W.
Suite 800 Washington, D.C.
20036 Date:
July 22, 1986 o
By Hand Q*
By Federal Express 1