ML20204C507
| ML20204C507 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/18/1987 |
| From: | Weismantle J LONG ISLAND LIGHTING CO. |
| To: | |
| Shared Package | |
| ML20204C396 | List: |
| References | |
| OL-3, NUDOCS 8703250314 | |
| Download: ML20204C507 (12) | |
Text
1 Attachmtnt J March 18,1987 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensine Board
-In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
AFFIDAVIT OF JOHN A. WEISMANTLE IN SUPPORT OF LILCO'S SECOND RENEWED MOTION FOR
SUMMARY
DISPOSITION OF THE " LEGAL AUTHORITY" ISSUES (CONTENTIONS EP 1-10)
John A. Wgismantle, being du'ly sworn, deposes and says as follows:
I am employed by LILCO as Vice President of Engineering. My professional qual-ifications are bound into the record of this proceeding following ttanscript.page 4068. I have personal knowledge of the facts recited below. Some of the facts are based on publically available documents, pertinent parts of which I have reviewed. In a few cases (nos. 36, 40, 41, 45, 46, 58, 59, 60, and 62) the facts are based on my knowledge of human nature, my experience with government in New York State and on Long Island, and my familiarity with New York State's and Suffolk County's participation in the Shoreham emergency planning hearings.
Basic Reason Why There Is No Genuine issue 1.
At the end of 1985, Suffolk County had a police force of 2,599 people, not counting civ111:.a niemours ar.d crossing guards. (Source: Suffolk County Police Annual Report 1985, at 13.)
2.
New York State has communications systems, including but not limited to the following:
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- a.
The State has a mobile emergency communications vehicle (DPC-1),
which was designed to provide communication to and from the scene of an emergency to state officials in Albany. (Source: Brochure by New York State Disaster Preparedness Commission entitled "DPC-1 Mobile Emergency Communications Vehicle," dated 5/86.)
b.
The Offlee of Disaster Preparedness has the National Warning Sys-tem (NAWAS) to all counties and some cities. (Source: New York State Radiological Emergency Preparedness Plan (Rev. July 1984), at III-5.)
c.
The Office of Disaster Preparedness district offices have radio sys-tems on State agency networks of the Department of Transporta-tion, Department of Environmental Conservation, Department of State (Fire Prevention and Control), and the Division of State Police.
i (Source: New York State Radiological Emergency Preparedness Plan (Rev. July 1984), at III-5.)
d.
The Division of State Police has statewide police teletype systems and radio systems that interconnect with the Office of Disaster Pre-9 paredness district offices. (Source: New York State Radiological Emergency Preparedness Plan (Rev. July 1984), at III-5.)
3.
The Suffolk County Police communications network is in effeet an emer-gency plan. (Source: Tr. 5421 (Regensburg).)
4.
The Suffolk County Police communications system has built-in redundancy:
alarms, fall-safe devices, standby channels, extra transmitters, extra receivers, extra j
generators at key locations, and qualified and FCC-licensed technicians on duty six days a week. (Source: Tr. 6203 (Snow).)
i 5.
Suffolk County has communications systems including a Local Government j
network, which includes the County Executive and the Department of Emergency Pre-paredness, and a mobile communcations van that can be used as a command post on the scene of an emergency or disaster. (Source: 1976 Annual Report of the Suffolk County Department of Emergency Preparedness.)
1 l
A.
Strens (Conte,J11 ton 5) 6.
Emergency warning strens to alert the public in a radiological emergency at Shoreham are already installed.
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- 7.
The emergency warning sirens can be activated by LILCO or LERO from the LERO Emergency Operations Center (EOC), from the Shoreham Control Room, or from LILCO's Brookhaven Substation.
8.
The Radiological Emergency Communications System (RECS) line connects the Shoreham Control Room; LERO (both the Supervising Service Operator and LERO EOC); the Suffolk County Police Department Headquarters in Yaphank; the Suffolk County Department of Fire, Rescue, and Emergency Services; New York State officials in Albany (see no. 9 below); and the New York State Offlee of Disaster Preparedness Southern District Warning Point in Poughkeepsie.
9.
LILCO is currently maintaining (that is, paying the telephone company for) three RECS lines to State officials in Albany:
a.
one line to the State Radiological Emergency Preparedness Group in the State Department of Health, b.
one line to the building in which the State Police operate the State Warning Point, and 4
c.
One line to the State EOC.
- 10. When the RECS line receiver is picked up in the Shoreham Control Room (or in the LERO EOC once it is activated) and the ring button is depressed, the RECS phones ring simultaneously in the other locations.
- 11. The Suffolk County Police Department headquarters at Yaphank, the Suffolk County Department of Fire, Rescue, and Emergency Services, and the New York State Radiological Emergency Preparedness group in Albany all have commercial phones.
- 12. All the other operating nuclear power plants in New York State have a RECS line from the power plants to the New York State Radiological Emergency Pre-paredness Group in Albany.
. 13. - There is a dedicated telephone line from the Shoreham Control Room to the Suffolk County Police Department.
B.
EBS Messages (Contention 5)
- 14.. There is an existing New York State Emergency Broadcast System (EBS).
- 15. The State EBS has a Common Program Control Station-1 (CPCS-1).
16.
The State EBS includes a large number of primary stations on Long Island, including the 12 stations that were in the special EBS set up for Shoreham alone.
- 18. In an emergency the State EBS is activated when the CPCS-1 receives an appropriately validated call from an authorized State or local official.
- 19. When the CPCS-1 receives such a call, it activates its EBS tone generator.
- 20. Every other station on the system (including WALK) has a single-frequency tuner set at the CPCS-l's frequency.
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- 21. This tuner is coupled with an EBS-tone activated switch.
- 22. When an EBS signalis transmitted from the CPCS-1, a switch opens and a signalis given in the control room of each primary station.
- 23. Each station operator can trigger the station's own EBS signal generator, and the EBS signal can then be transmitted on the station's own frequency.
- 24. The EBS generator at station WALK triggers the tone alert radios that have been provided to schools and other institutions in the Shoreham EPZ.
- 25. With appropriate switching, each primary station can rebroadcast EBS mes-sages originating from the CPCS-1.
- 26. The following people are authorized to activate the EBS system and have the authentication codes necessary to accomplish activation:
_ _ - ~
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a.
The Governor of New York or his designee b.
The Suffolk County Executive L
c.
The Suffolk County Commissioner of the Department of Fire, Res-cue, and Emergency Services i:
d.
The Nassau County Executive e.
The Nassau County Director of Emergency Preparedness
- 27. The State Office of Disaster Preparedness in Albany has a dedicated tele-l phone line to the CPCS-1.
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- 28. For all classes of emergency (Unusual Event, Alert, Site Area Emergency, j
and General Emergency), written procedures for the Shoreham onsite emergency plan direct the Control Room /TSC/ EOF Communicator to notify New York State and Suffolk County. EPIP 1-5 5 5.2 (Rev.1,11/15/83).
- 29. Before Shoreham operates above five percent of rated power, LILCO will l
provide, for both the offsite and onsite emergency plans, a written procedure that pro-1 i
vides substantially as follows:
a.
Upon declaration of an Alert or higher emergency the LERO Direc-tor of Local Response will request the Suffolk County police (or other established Suffolk County contact) to have an of ficial capa-ble of activating the EBS contact the Director.
I-b.
The LERO Director will make the same request of the State.
l' c.
When such a County or State official calls, the LERO Director will inform him that an emergency has been declared at Shoreham, ask i
for permission to activate the emergency warning sirens and to 1
l broadcast ari EBS message, and ask the official to contact the CPCS-l 1, authenticate his identity, and request that the CPCS-1 call the i
LERO Director immediately for the EBS message.
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d.
When the CPCS-1 radio station calls, the LERO Director of Local Response, using a prepared EBS message into which he has entered i
the emergency-specific information, will be prepared to read the message live over the air.
3 e.
The LERO Director will then re-establish contact with State and/or County officials and coordinate with them the implementation of I
j the emergency plan.,
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., f.
The LILCO Supervising Service Operator (SSO) will monitor the CPCS-1.
g.
When the SSO hears the emergency tone on the CPCS-1, he will call the Shoreham Control Room and direct that the sirens be activated.
- 30. EBS messages are pre-written in the LILCO Plan (OPIP 3.8.2, Att. 4).
- 31. Message A of the pre-written EBS messages tells the public to stay tuned for further information and does not make a protective action recommendation.
- 32. The information for EBS messages is provided, initially by the onsite LILCO organization, on the New York State Radiological Emergency Data Form that is used by every nuclear plant under every radiological emergency plan in the State (OPIP 3.8.2 Section S.2.2).
- 33. LILCO has made only three changes to the first two pages of the State Ra-diological Emergency Data Form. First, LILCO has substituted letters of the alphabet in place of numbers to designate the emergency planning zones. Second, it has added a footnote at the bottom of the second page. Third, it has typed in*the name "Shoreham."
C.
Decisions and Recommendations (Contention 6)
- 34. The State of New York has a New York State Radiological Emergency Pre-paredness Plan for nuclear power plants other than Shoreham.
- 35. The New York State Radiological Emergency Preparedness Plan applies to five operating nuclear plants in New York State (two of them owned and operated by the State) and twelve more in other states.
- 36. The State has personnel who are quallfled to make protective action dect-sions based on dose projections and other data.
- 37. The State Radiological Emergency Preparedness Plan provides that the State Commissioner of Health will recommend " Protective Action Options" based on the State monitoring assessment and evaluation personnel, equipment, and resources.
New York State Radiological Emergency Preparedness Plan (Rev. July 1984), at I-9.
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, 38. The State Plan provides for the State to take over management of the re-sponse from a county in the following words:
)
In those instances where a county does not have the capabill-ty to implement all or part of its Radiological Emergency Re-sponse Plan, or the Chief Executive of a county does not elect to put such a plan into etfact, State agencias under the direc-tion of the Disaster Preparedness Commission willimplement the county's plan using State and local resources and person-nel.
New York State Radiological Emergency Preparedness Plan (Rev. July 1984), at I-9.
)
- 39. The State Radiological Emergency Preparedness Plan provides for State management of a response in those instances in which the Governor declares a state of emergency. E at III-2.
- 40. Some employees and/or officials of the State of New York are familiar with j
the LILCO Plan.
L
- 41. Some employees and/or officials of Suffolk County are familiar with the i
LILCO Plan.
4
- 42. The State has seven controlled copies of the LILCO Plan and procedures.
- 43. Suffolk County has eighteen controlled copies of the LILCO Plan and pro-cedures.
- 44. The New York State Radiological Emergency Preparedness Plan provides that the nuclear f acility operator has the "first line responsibility for assessing the 1
magnitude of a radiological emergency and its potential consequences." New York j
State Radiological Emergency Preparedness Plan (Rev. July 1984), at til-1,1-8,111-29.
- 45. Suffolk County and New York State officials know that an important pur-pose of radiological emergency planning is to minimize radiation dose.
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- 46. If a radiological emergency were in progress at Shoreham, New York State l
and Suffolk County would attempt to stay in contact with LILCO or LERO or both, i
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. 47. The New York State Radiological Emergency Preparedness Plan provides that "(alf ter the initial notification, technical personnel from the nuclear f acility will remain in contact with the representatives of the State Commissioner of Health and local officials for consultation and ongoing assessment of the emergency." New York State Radiological Emergency Preparedness Plan (Rev. July 1984), at 111-1 (Part I, Sec-tion III.A.I.a).
- 48. The Suffolk County Charter makes the Department of Emergency Pre-paredness (now called the Department of Fire, Rescue, and Emergency Services] "re-sponsible for maintaining operational liaison, in accordance with federal, state and local directives, with all cooperating private agencies; that is, salvation army, red cross, private industry, brookhaven national laboratory, utility companies.. etc."
Suffolk County Charter Art. XI, S 1102(8).
- 49. The Suffolk County Charter provides that the Department of Emergency Preparedness "[s] hall identify, locate and plan for the intergration (sic] with emer-gency service teams all privately owned construction and health service, equipment, all trained construction, radiological, health service and sanitation personnel, and all pub-i lic utility installation and maintenance personnel...." id, S 1102(10)(footnote omit-ted).
- 50. The New York State Radiological Emergency Preparedness Plan provides that the Office of Disaster Preparedness is to coordinate the assistance furnished by various federal and state agencies, emergency forces from political subdivisions, and quasi public and private organizations. New York State Radiological Emergency Pre-paredness Plan (Rev. July 1984), at !!I-4, -5.
- 51. The New York State Disaster Preparedness Plan says that services provided to prevent, minimize and respond in recovery af ter a disaster "will be coordinated to the maximum extent with comparable activities of local governments, other states, tho
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... federal government, and voluntary / private agencies of many types." New York State Disaster Preparedness Plan (Rev. Sept.1982), at 1-3.
- 52. The LERO Radiation Health Coordinator, an independent consultant to LERO,is available to provide protective action information and advice to State and County officials in an emergency, as is the Department of Energy Radiological Assis-tance Program (RAP) Team.
D.
Traffic Control (Contentions 1 and 2)
- 53. Because the Suffolk County police are a twenty-four-hour-a-day operation, a good portion of their emergency response force is always on duty. Deposition of Kenneth J. Regensburg, Sept. 8,1983, at 153.
- 54. In a mass evacuation, traffic control is desirable.
- 55. Each LERO traffic guide is given a package of information, including a dia-gram of the traffic movements to be facilitated and discouraged at his post.
4
- 56. Attachment 4 to OPIP 3.6.3 lists the traffic control posts in the LILCO Plan and the traffic movements to be encouraged and discouraged at each post.
- 57. The Suffolk County Police Commissioner has access to a copy of the LILCO Plan and procedures.
- 58. Several Suffolk County police officers are familiar with the LILCO traffic control plan.
- 59. Suffolk County police vehicles are equipped with two-way radios.
- 60. Suffolk County police offleers are trained to direct traffic.
E.
Functions Performed in the Af termath of the Emergency (Contentions 7 and 8)
- 61. The New York State Radiological Emergency Preparedness Plan calls for the Disaster Preparedness Commission to appoint a Recovery Committee. New York State Radiological Emergency Preparedness Plan (Rev. July 1984), at IV-1.
e 62. The State has officials who are trained to direct State resources to assist in recovery from a radiological emergency.
F.
Issues That Have Been Mooted in Whole or in Large Part (Contentions 3,9. and 10)
- 63. The Emergency Operations Cente'r and reception centers for an emergency at Shoreham are private property owned entirely by LILCO. LILCO Plan (Rev. 8)(filed Sept.18,1986).
The foregoing facts are known by me to be true, of my own knowledge. I am competent to testify to such f acts, and would so testify if I appeared as a witness in a public hearing on this matter.
1 At M
hA4O tih A. Welsmantle 4 Subscribed and sworn to before me on h /,f.1987.
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- LILCO, March 20 1987 0
30(.ME1E0 US'#C CERTIFICATE OF SERVICE gFFICE CF llX W CMEgC in the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 I hereby certkfy that copies of LILCO's Second Renewed Motion For Summary Disposition Of The " Legal Authority" Issues (Contentions EP 1-10) were served this date upon the following by telecopier as indicated by one asterisk, by Federal Express as in-dicated by two asterisks, or by first-class mall, postage prepald.
Morton B. Margulies, Chairman **
Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 East-West Towers, Rm. 407 4350 East-West Hwy.
Richard G. Bachmann, Esq. "
Bethesda, MD 20814 George E. Johnson, Esq.
U.S. Nuclear Regulatory Commission Dr. Jerry R. Kline "
7735 Old Georgetown Road Atomic Safety and Licensing (to mallroom)
Board Bethesda, MD 20814 U.S. Nuclear Regulatory Commission East-t'lest Towers, Rm. 427 Herbert H. Brown, Esq. "
4350 r'ast-West Hwy.
Lawrence Coe Lanpher, Esq.
Bethesda, MD 20814 Karla J. Letsche, Esq.
Kirkpatrick & Lockhart Mr. Frederick J. Shon **
South Lobby - 9th Floor Atomic Safety and Licensing 1800 M Street, N.W.
Board Washington, D.C. 20036-5891 U.S. Nuclear Regulatory Commission East-West Towers, Rm. 430 Fabian G. Palomino, Esq. "
4350 East-West Hwy.
Richard J. Zahnleuter, Esq.
Bethesda, MD 20814 Special Counsel to the Governor Executive Chamber Secretary of the Commission Room 229 Atiention Docketing and Service State Capitol Section Albany, New York 12224 U.S. Nuclear Regulatory Commission 1717 H Street, N.W.
Mary Gundrum, Esq.
Washington, D.C. 20555 Assistant Attorney General 120 Broadway Atomic Safety and Licensing Third Floor Room 3-11t Appeal Board Panet New York, New York 10i/1 U.S. Nuclear Regulatory Commission Washington, D.C. 20555
Spence W. Perry, Esq. "
Ms. Nora Bredes William R. Cumming, Esq.
Executive Coordinator Federal Emergency Management Shoreham Opponents' Coalition Agency 195 East Main Street 500 C Street, S.W., Room 840 Smithtown, New York 11787 Washington, D.C. 20472 Gerald C. Crotty, Esq.
Mr. Jay Dunkleberger Counsel to the Governor New York State Energy Office Executive Chamber Agency Building 2 State Capitol Empire State Plaza Albany, New York 12224 Albany, New York 12223 Martin Bradley Ashare, Esq. "
Stephen B. Latham, Esq. "
Eugene R. Kelly, Esq.
Twomey, Latham & Shea Suffolk County Attorney 33 West Second Street H. Lee Dennison Building P.O. Box 298 Veterans Memorial Highway Riverhead, New York 11901 Hauppauge, New York 11787 Mr. Philip McIntire Dr. Monroe Schneider Federal Emergency Management North Shore Committee Agency P.O. Box 231 26 Federal Plaza Wading River, NY 11792 New York, New York 10278 Jonathan D. Feinberg, Esq.
New York State Department of Public Service, Staff Counsel Three Rockefeller Plaza Albany, New York 12223 l
b ames N. Christinan Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: March 20,1987
.