ML20205H269
| ML20205H269 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 11/12/1985 |
| From: | Ashare M SUFFOLK COUNTY, NY |
| To: | Asselstine J, Palladino N, Roberts T NRC COMMISSION (OCM) |
| References | |
| CON-#485-166 OL-3, NUDOCS 8511150086 | |
| Download: ML20205H269 (7) | |
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15 NOV 13 N052 PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE 0FFICE 0; SEC6t.iA -
RTMENT OF LAW MARTIN BRADLEY ASHARE g
ACORESS ALL COMMUNICATIONS IN THIS MATTER TO-November 12, 1985 F C..
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 Washington, D.C.
20555
Dear Mr. Chairman and Members of the Commission:
This is in furtherance of County Executive Cohalan's letter to you dated November 7, 1985, which expresses Suffolk County's opposition to the NRC taking any action to hold an exercise of, or otherwise aid an exercise of the Long Island Lighting Company's emergency plan for Shoreham.
LILCO's plan has been ruled by the New York State Supreme Court to be illegal and not implementable.
The NRC's own Appeal Board has ruled that Shoreham cannot receive an operating license.
Therefore, there is no legal basis for the exercise of LILCO's plan.
Furthermore, I refer you to the FEMA-NRC Memorandum of Understanding, which provides that the purpose of an exercise is to permit FEMA to make " findings" for use in NRC administrative proceedings.
FEMA's letter of October 29, 1985, to William Dircks of the NRC, however, states, "neither option (for an exercise of LILCO'u plan] would allow a finding by FEMA on offsite emergency preparedness."
Accordingly, given that FEMA has responsibilities under the Memorandum of Understanding to make " findings" and FEMA concedes no such findings could be addressed by an exercise of LILCO's plan, such an exercise clearly would be violative of the Memorandum.
There also is no basis for holding an exercise based upon speculation that the results could somehow provide grounds for the NRC to make " predictive findings."
The NRC is obligated to l
follow its regulations, which call for reliance upon FEMA
" findings."
10 C.F.R. S 50.47(a)(2).
Any action by the NRC in pursuit of " predictive" findings or other objectives not within the regulations would be unlawful.
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Mr. Chairman and Members of the Commission November 12, 1985 Page 2 The County finds it particularly objectionable that FEMA has proposed to the NRC the possibility of an exercise wherein so-called " exercise controllers would simulate the roles of key state or local officials unable or unwil, ling to participate."
What FEMA proposes to do is to hire people to act out the functions of government officials.. Such an exercise would be nothing less than theater of the absurd and an insult to County officials who have been entrusted by the public to discharge serious official responsibilities.
The decision of Suffolk County not to adopt or implement an emergency plan for Shoreham was a carefully considered act of public responsibility by the County.
This decision has been upheld by both federal and state courts.
The NRC furthers no lawful purpose by considering an exercise which contravenes this decision of Suffolk County.
Finally, the law which now binds the NRC is as follows:
(1) LILCO's plan is illegal, as ruled by the New York State Supreme Court; (2) LILCO's plan is not implementable, as ruled by the NRC's own Licensing Board and Appeal Board; and (3) LILCO has been denied a license to operate Shoreham, as ruled by the NRC's Boards.
Suffolk County considers it to be nothing less than irresponsible and absurd for the NRC and FEMA to conduct an exercise of an unimplementable and illegal emergency plan for.a l
nuclear plant that has been denied an operating license.
- Surely, the NRC has something more consequential to do with its time and money.
Accordingly, the County hereby asks that the NRC reject all proposals for an exercise of LILCO's plan.
If the NRC were to decide to go forward with an exercise of LILCO's illegal emergency plan, Suffolk County would take appropriate action.
Sincerely, MARTIN BRADLEY ASHARE l
SUFFOLK COUNTY ATTORNEY Enclosure I
cc:
NRC Service List s
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COUNTY OF CUFFOLK wz..
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'85 NOV 13 A10:53 PETER F. COMALAN suFFOLK COUNTY EXECgT4VE 03C.4f.c'.isb MARTIN BRAOLEY ASHARE BRANCH DEPARTMENT OF LAW COUNTY ATTORNEY ADDRESS ALL commyNiCATICNS lN twas M ATTER TO November 12, 1985 Mr. Samuel W. Speck Associate Director State and Local Programs and Support Federal Emergency Management Agency Washington, D.C.
20472
Dear Mr. Speck:
This is to advise you that Suffolk County is opposed to FEMA taking any action to hold an exercise of, or otherwise aid an exercise of the Long Island Lighting Company's emergency plan for Shoreham.
LILCO's plan has been ruled by the New York State Supreme Court to be illegal and not implementable.
The NRC's own Appeal Board has ruled that Shoreham cannot receive an operating license.
Therefore, there is no legal basis for the exercise of LILCO's plan.
Furthermore, I refer you to the FEMA-NRC Memorandum of Understanding, which provides that FEMA's responsibilities over an exercise shall be to make " findings" for use in NRC administrative proceedings.
Your letter of October 29, 1985, to William Dircks of the NRC, however, states, "neither option [for an exercise of LILCO's plan) would allow a finding by FEMA on offsite emergency preparedness."
Accordingly, given that FEMA's responsibilities under the Memorandum of Understanding are relegated to the preparation of " findings" and that you concede no such findings could be addressed by an exercise of LILCO's plan, such an exercise clearly would be violative of the Memorandum.
The County finds it particularly objectionable that FEMA would even consider conducting an exercise wherein so-called
" exercise controllers would simulate the roles of key state or local officials unable or unwilling to participate."
What you propose to do is to hire people to act out the functions of government officials.
Such an exercise would be nothing less veTaname usuomeAL Hoown Av e
Mauppavot. New vomm a i7ee e
isasi 360 4049
Mr. Samuel W.
Speck November 12, 1985 Page 2 than theater of the absurd and an insult to County officials who have been entrusted by the public to discharge serious official responsibilities.
The decision of Suffolk County not to adopt or implement an emergency plan for Shoreham was a carefully considered act of public responsibility by the County.
This decision has been upheld by both federal and state courts.
FEMA furthers no lawful purpose by proposing to conduct an exercise which contravenes this decision of Suffolk County.
Finally, the law which now binds FEMA is as follows:
(1) LILCO's plan is illegal, as ruled by the New York State Supreme Court; (2) LILCO's plan is not implementable, as ruled by the NRC's Licensing Board and Appeal Board; and (3) LILCO has been denied a license to operate Shoreham, as ruled by the NRC's Boards.
Suffolk County considers it to be nothing less than irresponsible and absurd for the NRC and FEMA to conduct an exercise of an unimplementable and illegal emergency plan for a nuclear plant that has been denied an operating license.
- Surely, FEMA has something more consequential to do with its time and money.
Accordingly, the County hereby asks that you reconsider your October 29 letter to Mr. Dircks.
If FEMA were to decide to go forward with an exercise of LILCO's illegal emergency plan, Suffolk County would take appropriate action.
Sincerely, MARTIN BRADLEY-ASHARE SUFFOLK COUNTY ATTORNEY Enclosure cc:
NRC Service List
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...ec 15 NOV 13 N0:52 bMai!E..
~
L T2RM:CP UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board
)
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 the letters from Martin B.
Ashare to the NRC Commissioners and to Mr. Samuel W.
Speck, FEMA, have been served on~the following this 12th day of November,
.1985, by U.S. mail, first class.
1 Alan S. Rosenthal, Chairman Stuart Diamond Atomic Safoty and Licensing Business / Financial i
Appeal Board NEW YORK TIMES U.S. Nuclear Regulatory Commission 229 W.
43rd Street Wcshington, D.C.
20555 New York, New York 10036 l
- Mr. Howard A. Wilber Joel Blau, Esq.
Atomic Safety and Licensing New York Public Service Comm.
l Appeal Board The Governor Nelson A.
i U.S.
Nuclear Regulatory Commission Rockefeller Building i
Washington, D.C.
20555 Empire State Plaza e
Albany, New York 12223 Mr.-Gary J. Edles Stewart M. Glass, Esq.
- Atomic Safety and Licensing Regional Counsel Appeal-Board Federal Emergency Management U.S. Nuclear Regulatory Commission Agency
- Washington, D.C.-
20555 26 Federal Plaza New York, New York 10278 b
4 Twd
-.m y--
a-
Morton B. Margulies, Chairman Anthony F. Earley, Esq.
Atomic Safety and Licensing Board General Counsel U.S. Nuclear Regulatory Commission Long Island Lighting Company Washington, D.C.
20555 250 Old Country Road Mineola, New York 11501 Dr. Jerry R.
Kline W.
Taylor Reveley, III, Esq.
Atomic Safety and Licensing Board Hunton & Williams U.S. Nuclear Regulatory Commission P.O.
Box 1535 Washington, D.C.
20555 707 East Main Street Richmond, Virginia 23212 Mr. Frederick J.
Shon Mr. Jay Dunkleberger Atomic Safety and Licensing Board New York State Energy Office U.S. Nuclear Regulatory Commission Agency Building 2 Washington, D.C.
20555 Empire State Plaza Albany, New York 12223 Mr. L.
F.
Britt Stephen B. Latham, Esq.
Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power Station P.O.
Box 398 North Country Road Riverhead, New York 11901 Wading River, New York 11792 Nora Bredes Docketing and Service Section Executive Director Office of the Secretary Shoreham Opponents Coalition U.S. Nuclear Regulatory Commission 195 East Main Street 1717 H Street, N.W.
Smithtown, New York 11787 Washington, D.C.
20555 j
Ms. Donna D. Duer Hon. Peter Cohalan Atomic Safety and Licensing Suffolk County Executive
-Board Panel H.
Lee Dennison Building U.S. Nuclear Regulatory Commission Veterans Memorial Highway Washington, D.C.
20555 Hauppauge, New York 11788 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee Suite K P.O. Box 231 San Jose, California 95125 Wading River, New York 11792 Martin-Bradley Ashare, Esq.
Jonathan D.
Feinberg, Esq.
Suffolk County Attorney Staff Counsel, New York State H. Lee Dennison Building Public Service Commission Veterans Memorial Highway 3 Rockefeller Plaza Hauppauge, New York 11788 Albany, New York 12223 3
Atomic Safety and Licensing Atomic Safety and Licensing Boaro Panel Appeal Board U.S. Nuclear Regulatory Commissi]n U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555
L Edwin J. Reis, Esq.
Fabian G. Palomino, Esq.
Bsrnard M. Bordenick, Esq.
Special Counsel to the Governor U.S. Nuclear Regulatory Commission Executive Chamber, Room 229 Washington, D.C.
20555 State Capitol Albany, New' York 12224 Spence Perry, Esq.
Mary Gundrum, Esq.
Associate General Counsel New York State Department Federal Emergency Management Agency of Law Washington, D.C.
20471 2 World Trade Center, Rm. 4614 New York, New York 10047 Mr. William Rogers Clerk Suffolk County Legislature Suffolk County Legislature Office Building Vaterans Memorial Highway Hauppauge, New York 11788 M
~
7 awrence Coe Lanpher KIRKPATRICK & LOCKHART 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036
~ Date:
November 12, 1985
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