ML20204H145
| ML20204H145 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/23/1986 |
| From: | Jones F SUFFOLK COUNTY, NY |
| To: | Asselstine J, Palladino N, Roberts T NRC COMMISSION (OCM) |
| References | |
| CON-#386-719 OL-3, NUDOCS 8608080016 | |
| Download: ML20204H145 (11) | |
Text
COUNTY OF SUFFOLK I
I OFFICE OF THE COUNTY E V I 4
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NK R. JONES PETER F. COHALAN
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c June 23, 1986 Mr. Nunzio J.
Palladino, Chairman Commissioner Thomas M.
Roberts Commissioner James K.
Asselstine Commissioner Frederick M.
Bernthal Commissioner Lando W.
Zech, Jr.
U.S. Nuclear Regulatory Commission 1717 H.
- Street, N.W.
Washington, D.C.
20555 Re:
Long Island Lighting Company (Shoreham Nuclear Power Station);
Docket No. 50-322-OL-3
Dear Mr. Chairman and Members of the Commission:
The Suf folk County Executive, Peter F.
Cohalan, has issued a statement on Shoreham.
At Mr. Cohalan's direction, I am sending a copy of his statement to you and to all parties in the Shoreham proceeding so that there will be no further misstatements of Mr. Cohalan's position (such as those contained in a June 11, 1986 letter to you from LILCO counsel).
Sincerely, e
<n R.
es hief De County Executive FRJ/tk Enclosure
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- l STATEMENT OF SUFFOLK COUNTY EXECUTIVE PETER F.
COHALAN JUNE 23, 1986 I AM ISSUING THIS STATEMENT TO ENSURE THAT THERE ARE NO MISUNDERSTANDINGS OF MY POSITION WITH RESPECT TO THE SHOREHAM NUCLEAR POWER STATION.
I AM PARTICULARLY MOTIVATED TO MAKE THIS STATEMENT BECAUSE LILCO HAS MIS 3TATED MY POSITION IN EFFORTS TO PERSUADE FEDERAL AGENCIES TO LICENSE SHOREHAM.
LET THE RECORD BE CLEAR:
I AM OPPOSED TO THE LICENSING OF SHOREHAM.
IN FACT, I HAVE NEVER SUPPORTED THE LICENSING OF SHOREHAM i
FOR COMMERCIAL OPERATION.
ON'MAY 30, 1985, I GAVE QUALIFIED SUPPORT ONLY TO A TEST OF LILCO'S EMERGENCY PLAN ON THE CONDITION THAT THERE WOULD BE PARTICIPATION OF THE SUFFOLK COUNTY GOVERNMENT.
HOWEVER, ON JUNE 10, 1985, THE NEW YORK STATE SUPREME COURT, AND LATER THE APPELLATE DIVISION AND THE COURT OF APPEALS, RULED THAT I COULD NOT CHANGE COUNTY POLICY BY COMMI'1" PING COUNTY PERSONNEL AND RESOURCES TO A TEST.
IN RESPONSE, I WITHDREW MY MAY 30, 1985, POSITION, AND ON NOVEMBER 7,
1985, FORMALLY REQUESTED THE NUCLEAR REGULATORY COMMISSION NOT TO CONDUCT A TEST OF LILCO'S EMERGENCY PLAN.
ON FEBRUARY 13, 1986, OVER THE OBJECTIONS OF THE COUNTY i
LEGISLATURE AND MYSELF, LILCO CONDUCTED A TEST OF ITS EMERGENCY j
PLAN.
I STATED THEN THAT THE EXERCISE AMOUNTED TO " THEATER OF l
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a THE ABSURD."
THE TEST WAS UNREALISTIC AND WAS CLEARLY DESIGNED TO CONVEY FALSE IMPRESSIONS OF LILCO'S COMPETENCE.
WE ON LONG ISLAND WERE NOT DECEIVED: WE HAVE FIRST-HAND EXPERIENCE WITH LILCO'S LACK OF COMPETENCE -- LET'S NOT FORGET THE $1.35 BILLION IMPRUDENCE FINDING AND LILCO'S RESPONSE TO HURRICANE GLORIA.
I FEEL THAT THE ONLY SIGNIFICANT ASPECT OF THE FEBRUARY 13 TEST CAME AFTERWARD, WHEN THE REGIONAL DIRECTOR OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FRANK PETRONE, ANNOUNCED THAT LILCO'S EMERGENCY PLAN DOES NOT PROVIDE REASONABLE ASSURANCE THAT i
THE PUBLIC WOULD BE PROTECTED IN THE EVENT OF A NUCLEAR ACCIDENT AT SHOREHAM.
IN SHORT, MR. PETRONE, SAID SHOREHAM SHOULD NOT BE LICENSED TO OPERATE.
SINCE FEBRUARY 1983, IT HAS BEEN CLEAR TO SUFFOLK COUNTY THAT THE OPERATION OF SHOREHAM WOULD CREATE A POTENTIAL DISASTER FOR THE PUBLIC.
AFTER EXTENSIVE AND COSTLY STUDIES, ANALYSES, add SURVEYS, PUBLIC HEARINGS, AND A TRIP TO THE THREE MILE ISLAND VICINITY, THIS GOVERNMENT CONCLUDED THAT THE PUBLIC COULD NOT BE SAFELY EVACUATED OR OTHERWISE PROTECTED IF THERE WERE A SERIOUS ACCIDENT AT SHOREHAM.
THE COUNTY GOVERNMENT, HAVING BEEN i
ESTABLISHED FOR THE PURPOSE OF PROTECTING THE PUBLIC'S WELFARE, THEREFORE, HAD ONLY TWO CHOICES:
TELL THE PUBLIC THE TRUTH THAT THEY COULD NOT BE PROTECTED; OR DECEIVE THEM BY ADOPTING AN EMERGENCY PLAN THAT WOULD LULL THEM INTO BELIEVING THEY WERE l
BEING PROTECTED WHEN IN FACT THEY WERE NOT.
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SUFFOLK COUNTY CHOSE WAT IT WAS OBLIGATED TO DO:
IN i
RESOLUTION 111-1983, IT TOLD ITS CITIZENS THE TRUTH.
THUS, THE 4
COUNTY RESOLVED NOT TO ADOPT OR IMPLEMENT AN EMERGENCY PLAN FOR SHOREHAM.
THIS DECISION WAS UPHELD BY FEDERAL AND STATE COURTS.
IT WAS ALSO UPHELD BY GOVERNOR CUOMO AFTER EXTENSIVE ANALYSES BY THE MARBURGER COMMISSION.
UNFORTUNATELY, LILCO HAS REFUSED TO ACCEPT THE FAdT THAT 4
SHOREHAM SHOULD NOT OPERATE.
FOR INSTANCE, AFTER RESOLUTION 111-1983, WAS ADOPTED, THE COUNTY INFORMED THE NRC OF OUR ACTION, AND l
ASKED THAT AGENCY TO APPLY ITS REGULATIONS BY DENYING LILCO A LICENSE TO OPERATE SHOREHAM.
AT LILCO'S URGING, THE NRC REJECTED OUR REQUEST AND, INSTEAD, STARTED A 3-YEAR CONTORTED PROCESS OF GIVING LILCO CHANCE-AFTER-CHANCE TO CONCOCT A SCHEME BY WHICH TO LICENSE THE PLANT.
AT THE SAME TIME, LILCO LOBBIED TO ENLIST FEDERAL OFFICIALS i
TO SUPPORT LICENSING SHOREHAM.
LILCO'S SUCCESSES PEAKED LAST l
YEAR WHEN PRESIDENT REAGAN'S SECRETARY OF ENERGY ANNOUNCED THAT SHOREHAM SHOULD BE LICENSED TO OPERATE OVER THE OBJECTIONS OF SUFFOLK COUNTY AND NEW YORK STATE.
HE DID THIS IN THE FACE OF THE PRESIDENT'S OWN POLICY ON SHOREHAM, WRITTEN OCTOBER 11, 1984, i
l THAT THE REAGAN ADMINISTRATION DOES NOT FAVOR THE IMPOSITION OF FEDERAL AUTHORITY AT SHOREHAM OVER THE OBJECTIONS OF NEW YORK 4
STATE AND SUFFOLK COUNTY.
4 4 !
---+.o_a I HAVE RECITED THIS BRIEF HISTORY TO BRING THE SHOREHAM SITUATION UP TO DATE.
BY NOW, EVERY FAIR-MINDED PERSON MUST REALIZE THAT SAFE EVACUATION OF THE PUBLIC WOULD NOT BE POSSIBLE IF THERE WERE A SERIOUS NUCLEAR ACCIDENT AT SHOREHAM.
THE OVERWHELMING MAJORITY OF SUFFOLK COUNTY' S RESIDENTS AND ALMOST EVERY LONG ISLAND ELECTED OFFICIAL ARE OPPOSED TO THE LICENSING OF SHOREHAM.
AND BOTH THE NRC' S LICENSING AND APPEAL' BOARD' S HAVE REJECTED LILCO'S BID FOR A LICENSE.
BUT DESPITE ALL OF THIS, THE CASE IS NOT OVER.
WHY IS THAT7 THE REASON IS THAT LILCO PERSISTS IN TRYING TO LICENSE SHOREHAM AND IS NOW ORCHESTRATING THE BIGGEST DECEPTION OF ALL:
EVEN THOUGH THE NEW YORK STATE SUPREME COURT AND THE NRC'S LICENSING AND APPEAL BOARDS HAVE RULED THAT LILCO CANNOT IMPLEMENT ITS EMERGENCY PLAN, THE NUCLEAR REGULATORY COMMISSION, AT LILCO'S URGING, IS CONSIDERING A LILCO REQUEST TO LICENSE SHOREHAM WITHOUT THERE BEING ANY IMPLEMENTABLE EMERGENCY PLAN.
THIS IS A PRESCRIPTION FOR DISASTER.
IN THE WAKE OF CHERNOBYL, IT IS A RECKLESS DISREGARD FOR THE SAFETY OF THE RESIDENTS OF LONG ISLAND.
SPECIFICALLY, LILCO IS PRESSING THE NRC TO LICENSE SHOREHAM ON THE BASIS OF A FICTION IT HAS CREATED AND DUBBED " REALISM."
THIS FICTION GOES ON AS FOLLOWS:
SHOREHAM SHOULD BE LICENSED EVEN THOUGH THERE IS NO IMPLEMENTABLE EMERGENCY PLAN, BECAUSE IF THE PLANT WERE LICENSED AND E THERE WERE AN ACCIDENT AT 4
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SHOREHAM, THE STATE AND COUNTY WOULD IN REALITY ACT IN RESPONSE TO THE ACCIDENT AND THIS AD HOC " RESPONSE" WOULD SOMEHOW PROTECT THE PEOPLE.
LILCO ARGUES THAT THIS SET OF HYPOTHETICALS WOULD COMPLY WITH THE NRC'S REGULATIONS AND PROVIDE A BASIS FOR THE LICENSING OF SHOREHAM.
IT WOULD NOT.
LILCO'S FICTION IS ILLEGAL AND ILLOGICAL; IT IS BORN OF CYNICISM AND INDIFFERENCE TO THE PUBLIC'S SAFETY.
FIRST, LILCO'S FICTION RETRIEVES THE DISCREDITED THEORY ON WHICH THE NRC LICENSED NUCLEAR PLANTS BEFORE THE THREE MILE 1
ISLAND ACCIDENT.
THEN, THERE WAS NO PRE-PLANNING OR INTEGRATED PLANNING REQUIRED FOR STATE AND LOCAL GOVERNMENTS WITH THE UTILITY.
THE NRC SIMPLY ASSUMED THAT IF THERE WERE AN ACCIDENT, THE GOVERNMENTS WOULD KNOW HOW TO ACT ALONE AND WITH OTHERS IN RESPONSE.
THE THREE MILE ISLAND ACCIDENT PROVED THIS ASSUMPTION TO BE WRONG.
FOLLOWING THREE MILE ISLAND, CONGRESS PASSED LAWS
'AND THE NRC MADE REGULATIONS THAT REGUIRE PRE-PLANNING AND INTEGRATED PREPAREDNESS.
THERE IS NO PRE-PLANNING OR INTEGRATED PREPAREDNESS AT SHOREHAM.
t SECOND, LILCO' S FICTION PRESUMES THAT STATE AND LOCAL GOVERNMENTS NOT ONLY WOULD RESPOND TO AN ACCIDENT, BUT THAT THEIR RESPONSE WOULD WORK TO PROTECT THE PUBLIC.
THUS, LILCO CLAIMS, THE PUBLIC WOULD BE PROTECTED EVEN THOUGH THE GOVERNMENTS HAVE NO i - --
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PRE-PLANNING, OR KNOWLEDGE OF INVENTORY OF AVAILABLE RESOURCES, NO PERSONNEL READINESS, AND NO TRAINING.
SUCH A PRESUMPTION IS UNFOUNDED; FARCICAL AT BEST.
THIRD, LILCO'S FICTION PORTRAYS SUFFOLK COUNTY ACTING IN 1
CONCERT WITH LILCO IF THERE WERE AN ACCIDENT AT SHOREHAM.
HOWEVER, COUNTY LAW PROHIBITS COUNTY PERSONNEL FROM IMPLEMENTING LILCO'S EMERGENCY PLAN.
EVEN IF IT DID NOT, THE COUNTY COULD NOT RESPONSIBLY ACT IN CONCERT WITH LILCO AND ITS EMERGENCY PLAN.
THE COUNTY'S STUDIES, ANALYSES, AND SURVEYS, TOGETHER WITH OUR DAY-TO-DAY EXPERIENCES ON LONG ISLAND WITH THE LIMITED ROAD NETWORK AND THE CONFINED GEOGRAPHY, HAVE CONVINCED LS THAT SAFE EVACUATION OF THE PUBLIC IS NOT POSSIBLE IN A SHOREHAM ACCIDENT.
LILCO'S EMERGENCY PLAN IS A GUIDELINE FOR TRAFFIC-JAM GRIDLOCK AND AN IMMOBILIZED EVACUATION WHERE HUNDREDS OF THOUSAND OF LONG ISLAND'S RESIDENTS WOULD BE TRAPPED TO ABSORB THE RADIATION THEY SOUGHT TO FLEE.
THIS COUNTY WOULD NOT ACT IN CONCERT WITH SUCH A i
GUIDELINE FOR DISASTER.
FOURTH, LILCO'S FICTION RESTS ON THE SURHISE THAT THE COUNTY WOULD HAVE CONFIDENCE IN LILCO, OR THAT IT WOULD RELY ON LILCO BECAUSE THERE WOULD BE NO ONE ELSE ON WHICH TO RELY.
THIS IS I
FALSE.
THERE IS NO CORPORATION ON LONG ISLAND WITH SO LOW A STANDING WITH THE PUBLIC AND LOCAL GOVERNMENTS AS LILCO.
THERE IS EVEN A STRONG AND CREDIBLE EFFORT TODAY TO EFFECT A PUBLIC i
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TAKEOVER OF THIS COMPANY.
IN AN EMERGENCY OR OTHERWISE, THE PUBLIC AND THE COUNTY GOVERNMENT WOULD HAVE NO CONFIDENCE IN LILCO.
WE COULD NOT, AND WOULD NOT, LOOK TO SUCH A DISCREDITED SOURCE FOR GUIDANCE OR ASSISTANCE IN A NUCLEAR ACCIDENT.
- INDEED, LILCO WOULD BE THE OBJECT OF THE PUBLIC'S WRATH BECAUSE IT CAUSED THE ACCIDENT.
IT WOULD BE THE ENTITY WHICH STEAMROLLED SHOREHAM INTO OPERATION OVER THE PUBLIC AND GOVERNMENTS' OBJECTIONS.
IN SUCH CIRCUMSTANCES, IT WOULD BETTER SERVE THE PUBLIC'S INTEREST TO ACT ALONE THAN TO ENTRUST THE PUBLIC WEAL TO MORE OF LILCO' S POOR JUDGMENTS.
MOREOVER, LILCO'S RESPONSE TO HURRICANE GLORIA LAST OCTOBER LIVES INDELIBLY AS A LESSON TO EVERYONE ON LONG ISLAND.
IN THE POTENTIALLY CATASTROPHIC CIRCUMSTANCES OF A NUCLEAR ACCIDENT, WE WOULD NEVER RELY UPON OR ACT IN CONCERT WITH A COMPANY THAT COULD NOT EVEN PUT THE LIGHTS BACK ON FOR DAYS.
FIFTH, LILCO'S FICTION HAS PROMPTED THE COMPANY TO EXTEND ITS PLEAS FOR LICENSING SHOREHAM TO SHAMEFUL LIMITS.
ON JUNE 11, 1986, LILCO'S COUNSEL WROTE THE NRC, CLAIMING THAT STATE LAW REQUIRES THE COJNTY TO TAKE ACTIONS IN AN EMERGENCY THAT PURPORTEDLY WOULD JUSTIFY THE NRC PUTTING SHOREHAM INTO OPERATION.
THIS CLAIM MISSTATES THE LAW.
IT WOULD NEVER BE
" APPROPRIATE" OR "NECESSARY" FOR THE COUNTY TO TAKE ACTIONS IN PURSUIT OF LILCO'S ILLEGAL EMERGENCY PLAN.
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1 FINALLY, IN THE SAME LETTER OF JUNE 11, LILCO ENSHRINES ITS FIC* ION WITH THE FOLLOWING WORDS:
...THE LILCO PLAN PROVIDES A BASIS FOR A PRIVATE / GOVERNMENTAL PARTNERSHIP THAT COULD AND WOULD BE EFFECTIVE TO PROTECT THE PUBLIC IN A REAL EMERGENCY, WHEN POLITICAL POSTURING WOULD BE ABANDONED AND THE SAFETY OF THE PUBLIC WOULD BE GIVEN PARAMOUNT IMPORTANCE."
THIS IS MORE FANTASY.
I REITERATE WHAT IS IN ESSENCE STATED ABOVE:
NEITHER SUFFOLK COUNTY NOR I AS COUNTY EXECUTIVE HAS ANY " PARTNERSHIP" WITH LILCO; THERE IS NO " BASIS FOR A PRIVATE / GOVERNMENTAL PARTNERSHIP" OF ANY KIND WITH LILCO; THE COUNTY HAS NO CONFIDENCE OR TRUST IN LILCO; AND IN AN EMERGENCY, THE COUNTY WOULD GIVE NO CREDENCE TO LILCO OR ITS PLAN AND WOULD NOT WORK IN CONCERT WITH LILCO.
INDEED, IN AN EMERGENCY, THE PUBLIC OF SUFFOLK COUNTY --
SHOWN BY RESPECTED POLLS TO OPPOSE SHOREHAM BY MORE THAN 75 PERCENT -- COULD NOT TRUST THEIR OWN GOVERNMENTS OFFICI ALS IF WE, IN TURN, LOOKED TO THE DISCREDITED LILCO FOR GUIDANCE OR ADVICE.
TO MAKE CERTAIN THAT LILCO'S MISCHARACTERIZATIONS OF MY POSITION ARE BROUGHT TO AN END, I SHALL TRANSMIT A COPY OF THIS STATEMENT TO LILCO, THE NRC, AND FEMA.
I SHALL ALSO EXPRESSLY NULLIFY MY JUNE 26, 1985 LETTER TO LILCO'S COUNSEL AND SHALL RESCIND EXECUTIVE ORDER 2-1985.
BOTH OF THESE DOCUMENTS HAVE j
EFFECTIVELY BEEN NULLIFIED BY EARLIER ACTIONS; HOWEVER, LILCO'S PERSISTENT MISSTATEMENTS (SUCH AS IN ITS JUNE 11 LETTER) PROMPT ME TO CLEAR THE SLATE SO THAT NO PERSON CAN CONCOCT FURTHER
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FICTIONS.
I AM ALSO DESIGNATING CHIEF DEPUTY COUNTY EXECUTIVE FRANK JONES, AS MY REPRESENTATIVE, TO FOLLOW THESE MATTERS AND TO COORDINATE AS NECESSARY AND APPROPRIATE WITH THE COUNTY LEGISLATURE AND WITH THE ATTORNEYS HANDLING SHOREHAM MATTERS.
LILCO HAS LOBBIED IN WASHINGTON AND ELSEWHERE TO CHARACTERIZE SHOREHAM AS A LITMUS TEST FOR NUCLEAR POWER.
- THUS, 1
LILCO SEEKS TO TRANSFORM THE SHOREHAM CASE INTO THE SHOREHAM CAUSE.
THIS IS A DECEPTION.
SUFFOLK COUNTY IS NOT ANTI-NUCLEAR, AND WE HAVE NO SUCH POLICY.
INDEED, BROOKHAVEN NATIONAL LABORATORY IS IN OUR MIDST.
THE COUNTY IS SIMPLY IN FAVOR OF DOING WHAT WE WERE ELECTED BY OUR CITIZENS TO DO:
TO PROTECT THEIR WELL-BEING AND TO BE TRUTHFUL.
LILCO DOES NOT LIKE THIS, BECAUSE THE RESULT PUTS THE COUNTY AGAINST THE MISTAKE LILCO MADE AT SHOREHAM.
BUT IN A DEMOCRACY, THE PUBLIC GOOD CANNOT BE DISREGARDED.
SHOREHAM IS A MISTAKE; GOVERNMENT SHOULD NOT COMPOUND THE MISTAKE OF HAVING PERMITTED SHOREHAM TO BE BUILT WITH THE MISTAKE OF LETTING SHOREHAM OPERATE.
THE SHOREHAM CONTROVERSY HAS OVER THE PAST FOUR YEARS GROWN TO CONFLICT AND CONFRONTATION.
THIS IS NOT SOMETHING WE RELISH.
TO STEP BACK FROM THE TRENCHES AND VIEW THE BROADER SCALE, ONE CAN ONLY WISH THAT LILCO HAD SEIZED THE OPPROTUNITY TO ABANDON SHOREHAM IN 1983 OR EVEN SOONER, WHEN THE INVESTMENT WAS BILLIONS LESS.
WE WOULD STILL WELCOME SUCH A LILCO DECISION TODAY.
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s BUT, THE FACT IS THAT WE HAVE A FIGHT ON OUR HANDS.
LILCO REMAINS BLIND TO THE REALITY WHY SHOREHAM SHOULD NOT OPERATE.
TO LILCO, CHERNOBYL NEVER HAPPENED, FEMA' S REGIONAL DIRECTOR NEVER RESIGNED OVER SHOREHAM, THE WHITE HOUSE CHIEF OF STAFF NEVER ADMITTED LONG ISLAND CANNOT BE EVACUATED, SUFFOLK COUNTY DID NOT WIN COURT VICTORIES UPHOLDING THE LEGALITY OF THE COUNTY'S POLICIES ON SHOREHAM, AND LONG ISLAND'S GEOGRAPHY IS NO DIFFERENT FROM ANYWHERE ELSE.
INDEED, LILCO IS EVEN IMPERVIOUS TO THE OUTPOURING OF OPPOSITION TO SHOREHAM FROM EVERY CORNER OF LONG ISLAND.
VIRTUALLY EVERY ELECTED OFFICIAL OPPOSES SHOREHAM, THE GOVERNOR OPPOSES SHOREHAM, AND THE PUBLIC OVERWHELMINGLY OPPOSES SHOREHAM.
I REMAIN CONFIDENT THAT SUFFOLK COUNTY WILL PREVAIL.
WE ARE RIGHT, AND WE HAVE THE PUBLIC'S UNYIELDING SUPPORT. THE REASON IS THAT A BASIC TRUTH HAS DRIVEN THIS COUNTY FROM THE START:
IT WOULD NOT BE POSSIBLE TO EVACUATE OR OTt!ERWISE PROTECT THE PUBLIC IF THERE WERE A SERIOUS NUCLEAR ACCIDENT AT THE SHOREHAM PLANT.
I SHOREHAM SHOULD NOT OPEN.
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