ML20203L164

Responds to Transmitting Two Resolutions of Nassau County Board of Supervisors Re Use of County Facilities,Including Nassau Veterans Memorial Coliseum,In Util Evacuation Plan.Served on 860822

ML20203L164
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/21/1986
From:	Margulies M Atomic Safety and Licensing Board Panel
To:	Carroll T NASSAU COUNTY, NY
References
CON-#386-442 OL-3, OL-5, NUDOCS 8608250129
Download: ML20203L164 (1)

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'e NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENstNG BOARD PANEbOLKETED

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'86 AUG 22 M0:20 August 21, IMCE or a. .eite 00CKETIN . SE'virJ BRANCH Thomas L. Carroll, Esquire Counsel, Nassau County Board of Supervisors 1 West Street SERVED Aug g g Mineola, NY 11501 RE: Long Island Lighting Company (Shoreham Nuclear Power Station, Unit 1) Docket Nos. 50-322-0L-3 and 50-322-OL-5

Dear Mr. Carroll:

This is in response to your letter of August 14, 1986 transmitting two resolutions of the Nassau County Board of Supervisors concerning the use of county facilities, including the Nassau Veterans Memorial Coliseum, in LILCO's evacuation plan.

As exparte communications, in accordance with Commission practice they will be forwarded to the Office of the Secretary for inclusion in the dockets of the proceedings that you relate them to and be served on the parties of record.

Very truly yours, Morton B. Margulies, Chairman Administrative Law Judge cc: Service Lists - Docket Nos. 50-322-0L-3 and 50-322-0L-5 8606250127 660021 PDR ADOCK 05000322 G PCR

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THOMAS L pWOLL ,

Counst noAeo or surtevisons NASSAu COUNTT ERECUhyr SutLONG t *EST Statt?

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. August 14, 1986 Hon. Morton B. Margulies, Chairman Hon. Jerry R. Kline, Member Hon. Frederick J. Shon, Member Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commicsion Washington, D.C. 20555 RE: Shoreham Nuclear Power Station-Docket No. 50-322-OL

Dear Honorable Sirs,

I am Counsel to the Nassau County Board of Supervisors.

This letter is sent at the direction of the Board of Supervisors to explain the recent actions taken by the Board concerning the use of county facilities in an evacuation plan proposed by the Long Island Lighting Company.

The Board of Supervisors understands that the Nassau Veterans Memorial Coliscam has previously been considered to be part of LILCO's emerooney plan and that this facility was part of the February 13th exercise. It is also the understand-ing of the Board that the instant licensing proceeding will consider the results of tpat exercise. Under the circumstances it is important that there be no confusion or misunderstanding concerning the use of any county facilities as an evacuation center for LILCO.

Please be advised that there is no existing agreement between the County of Nassau and LILCO concerning the use of the Nassau Veterans Memorial Coliseum or any other county fac-ility as an evacuation center in any emergency plan of LILCO.

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s Atomic Safety & Licensing Board Pags 2 On June 16, 1986, the Board of Supervisors enacted Resolutions 782-1986 and 782-B-1986 concerning the use of county facilities, including the Nassau Veterans Memorial Coliseum, in LILCO's evacuation plan.

The resolutions, insofar as pertinent, provide:

. " 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...

" 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 emerg-ency plan, unless prior approval by resolution is first cotained from the Nassau County Board of Supervisors."

Certified copies of these resolutions are enclosed for your information.

The resolutions in question set forth the position of the Board of Supervisors, which is that no county facility is or will be available for use in LILCO's emergency plan unless the Board of Supervisors authorizes such use.

Very truly yours,

/ ~')Aio 4l Thomas L. Carroll TLC:mf Counsel encl.

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RESOLUTION NO. 7f) 1986/

1 A RESOLUTION RELATIVE TO THE USE OF THE NASSAU VETERANS MEMORIAL COLISEUM IN A LONG ISLAND LIGHTING COMPANY'S EVACUATION PLAN. I l

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(Passed by Board of Supervisors on JUffE '18 m

, l Votes for /0 7 ; votes against,phcA . Became a i

j resolution on gg 16 TJ86v1th the *PProval '

' of the Acting County Executive.) ,

I l' WHEREAS' the Long Island Lighting Company has entered 3 -

i l ' into an agreement with the Hyatt Management Corporation of New

[ York, Inc., which purports to designate the Nassau Veterans l

NMemorial Coliseum as a Nuclear Disaster Evacuation Center, and ,

WHEREAS, the County Attorney of the County of Nassau l '! has advised the Board of Supervisors as follows:

i "....The terms of the lease do not allow such a use by the tenant. The provisions of the New

. York State Executive Law preempts to the Governor j

and the County Executive the implementation of 4

l all facilities within the territorial limits I of the disaster area in the event of a nuclear i (radiological) disaster. l

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• ....The proposed amendment to the lease agreement prohibiting the use of the Nassau Veterans Memorial Coliseum as an evacuation center in the event of a nuclear (radiological) catastrophe would be a nullity.",

now, therefore be it 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 ,

l declared a nullity, contrary to law and void; and be it further i RESOLVED, that a copy of this resolution shall be forth i

.with served upon the Long Island Lighting Company and Facility  ;

! Management of New York, Inc., formerly known as Hyatt Management j jCorporation of New York, Inc., and filed with notice of such service with the office of the Nuclear Regulatory Commission at Washington, D.C.;and be it further 1-STATE OF NEW YORK ss. : No.P :0378

. COUNTY OF NASSAU )

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l. JOHN A. DeGRACE Clerk of the Board. Nassau County Board of Supervisors do hereby certify that the t

foregoing is a true and correct copy of the origmal Resolution Ng. 792 July passed by the Board of Superunsors of Nassau County, New York, on June 16- 19C6

and approved by th,bunthEtecutive on_ June L6 . 1936 and on fslo un my

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office and recorded m the record of the proceedings of the Board of Supervssors of the County of Nassau ana  !

is the whole of said original. l i

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IN WITNESS WHEREOF. I have hereunto ::et my hand and affaed the offsciul seal of sand Board of Supervisors.

this 14*h day of Augue

in the year one thousand nme hundred and g$gg gy_g$g  ;

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.IGHO. DeGRACE

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. RESOLUTION NO. 782 -1986 A RESOLUTION AMENDING A RESOLUTION ENTITLED: A l

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• RESOLUTION RELATIVE TO THE USE OF THE NASSAU VETERANS MEMORIAL l COLISEUM IN A LONG ISLAND LIGHTING COMPANY'S EVACUATION PLAN."

I (Fassed by Board of Supervisers on M 14 g Yates for 108 i votes against NONE . Became a resolution on *JUllE 18 W with the approval of the Aotias County Esseutive.) ,a j

WHEREAS, the Long Island Lighting Company has entered into an agreement with the Hyatt Management Corporation of New g

York, Inc., which purports to designate the Nassau Veterans i I

l l Memorial Coliseum as a Nuclear Disaster Evacuation Center, and '

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.i WHEREAS, theCountyAttorneyofNassauCountyhasadvised i

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'the Board of Supervisors that the terms of the lease between Nassatt l

! County and the Facility Management Corporation of New York, Inc. , iI

! do not allow for such use of the Nassau Veterans Memorial Coliseum; and now, therefore be it i RESOLVED, that the purported designation of the Nassau l

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Veterans Memorial Coliseum by the Long Island Lighting Company as i l-l a Nu~,' ear Disaster Evacuation Center be and the same is hereby l I '

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 l

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 l l Supervisors, and b. te furth.r l

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e RESOLVED, that a copy of this resolution shall be forth-l I

with served upon the Long Island Lighting Company and Facility

. Management of New York, Inc., formerly known as Hyatt Management Corporation of New York, Inc., and filed with notice of such service with the office of Nuclear Regulatory Commission at Washington D.C.; and be it further RESOLVED, that a copy of this resolution shall be forth-with published in the official newspaper of the County of Nassau.

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1 i STATE OF NEW YORK ss. : No.

3038l '

COUNTY OF NASSAU f l l

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l. JOHN A. DeGRACE Clerk of the Board, Nassau County Boardof Supervisors. Jo hereby certify that the s t foregoing is a true and correct copy of the orngunal i

Res01u_tt01LNs _]B2-B duly i 1

passed by the Board of Supervisors of Nassau County, New York, on

-Juns-1&r-19 86 and approved by th unhExecutive on_Juns LS,1986 and on fale in my office and recorded m the record of the proceedings of the Board of Supercusars of the County of Nassau ana is the whole of said original IN WITNESS WHEREOF. I have hereunto set my hand l

and affaed the offscialsealof sand Board of Supervisors.

this 14th day of anem o m the year one thousand nune hundred and Etghty-stx I

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JOH DeGRACE #~~

asteen wee Clerk he Board Nassau County Board of Supervisors 1