ML20206M785
| ML20206M785 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 08/18/1986 |
| From: | Christman J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#386-410 OL-3, NUDOCS 8608210400 | |
| Download: ML20206M785 (6) | |
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' LILCO, August 18,1980
'i 00CKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY C gOg gj ;46 _
nFFICE Or SECRETARf Before the Atomic Safety and LicendleIE&betal BodNf-unw In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
LILCO's Reply to the " Views of Suffolk County, the State of New York, and the Town of Southampton Concerning Effect of Nassau County Resolutions on LILCO's ADDeal of the ASLB's Concluding Partial Initial Decision" By Order of July 28,1986, the Appeal Board directed the parties to advise it no later than August 11,1986, of their views with regard to the effect of certain Nassau County resolutions on LILCO's pending appeal of the issue whether LILCO must esti-mate and plan for the number of evacuees who are likely to come the Nassau Coliseum for radiological monitoring and possible decontamination, but not sheltering. The NRC Staff, the Intervenors, and LILCO all filed their views on August 11. Replies, if any, were to be submitted by August 18, 1986. This is LILCO's reply to the Intervenors' pleading of August 11, which was entitled " Views of Suffolk County, the State of New l
York, and the Town of Southampton Concerning Effect of Nassau County Resolutions on LILCO's Appeal of the ASLB's Concluding PartialInitial Decision."
The Intervenors' basic position is this: They claim that the Nassau County reso-lutions I
provide additional basis for this Board to dismiss LILCO's ap-peal and affirm the Licensing Board decision that the LILCO l
Plan is defective, in that it falls to comply with regulatory re-i quirements relating to relocation centers and radiological 1,
monitoring for evacuees, thus precluding a reasonable assur-ance finding as required by 10 CFR S 50.47(a)(1).
8608210400 86001G PDR ADOCK 05000322 b
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Views of Suffolk County at 2. Thus the Intervenors would have the Appeal Board " rule that LILCO's Plan falls to comply with 10 CFR 550.47(a)(1)," Views of Suffolk County at 3, presumably without taking into account the replacement facilities that LILCO plans to designate within a few days. This proposed resolution of the issue, if adopted, would be unwise, unfair, premature, and a denial of due process. If a facility designated as a relocation center were to burn down, no one would suggest that the NRC license appli-cant should be denied a license once and for all. Likewise no one should consider such a M
thing now that the facility has becomo unavailable for different reasons.
The Intervenors also set forth, once again, their new theory that the central fea-ture of an emergency plan is the relocation center, and that without a relocation cen-ter the plan falls apart. Thus Intervenors claim, with wild abandon:
Similarly, the evacuation time estimates, traffic control i
strategies, evacuation routes, numbers of evacuation vehicles, and numbers of emergency personnel upon which the LILCO Plan is premised, as well as all the directions, decisions, and j
actions of LILCO personnel set forth in that Plan for imple-t menting an evacuation, are premised on the assumption that the ultimate goal of the emergency response was to enable evacuees to reach the Nassau Coliseum if necessary (for mon-itoring and decontamination) or if desired (for monitoring, reuniting with family members, or shelter).
Views of Suffolk County at 4-5. This extravagant overstatement is incorrect, as the In-tervenors well know, and as was demonstrated by the f act that the basic structure of the Plan did not change when LILCO was forced to change its of relocation centers ear-lier in this proceeding.
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Unavailable, that is, for the sake of argument. It is now and always LILCO's con-viction that the Coliseum would be available in a real emergency.
f.? t In short, all the views in the " Views of Suffolk County" of August 11 should be re-jected. The Appeal Board should proceed to consider LILCO's appeal, as LILCO and the 2/
NRC Staff have proposed.
Respectfully submitted,
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nald P. Irwil James N. Christman Hunton & Williams 707 East Main Street Richmond, Virginia 23212 (804) 788-8200 DATED: August 18,1986 f
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NRC Staff Views on the Effects of Nassau County Board of Supervisors Resolu-tions Relating to Nassau Coliseum (August 11, 1986.)
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' _ t' LILCO, August lo. m.
L CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 I hereby certify that copies of LILCO's Reply to the " Views of Suffolk County, the State of New York, and the Town of Southampton Concerning Effect of Nassau County Resolutions on LILCO's Appeal of the ASLB's Concluding PartialInitial Deci-sion" were served this date upon the following by Federal Express, as indicated by an asterisk, by telecopier (two asterisks), or by first-class mail, postage prepaid.
Lando W. Zech, Jr., Chairman Gary J. Edles, Esq. **
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U.S. Nuclear Regulatory Commission Atomic Safety and Licensing 1717 H Street, N.W.
Appeal Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Commissioner Thomas M. Roberts Fif th Floor (North Tower)
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U.S. Nuclear Regulatory Commission East-West Towers l
1717 H Street, N.W.
4350 East-West Highway Washington, DC 20555 Bethesda, MD 20814 Commissioner James K. Asselstine Dr. Howard A. Wilber **
i U.S. Nuclear Regulatory Commisison Atomic Safety and Licensing 1717 H Street, N.W.
Appeal Board i
Washington, DC 20555 U.S. Nuclear Regulatory Commission l
Commissioner Frederick M. Bernthal Fif th Floor (North Tower)
U.S. Nuclear Regulatory Commission East-West Towers
(
1717 H Street, N.W.
4350 East-West Highway Washington, DC 20555 Bethesda, MD 20814 William C. Parler, Esq.
Morton B. Margulies, General Counsel Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing l
1717 H Street, N.W.
Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Alan S. Rosenthal, Esq., **
East-West Towers, Rm. 407 i
l Chairman 4350 East-West Hwy.
Atomic Safety and Licensing Bethesda, MD 20814 Appeal Board U.S. Nuclear Regulatory Commission Fif th Floor (North Tower) i East-West Towers 4350 East-West Highway j
Bethesda, MD 20814 L
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Dr. Jerry R. Kline Fabian G. Palomino, Esq. **
Atomic Safety and Licensing Special Counsel to the Board Governor U.S. Nuclear Regulatory Executive Chamber Commission Room 229 East-West Towers, Rm. 427 State Capitol 4350 East-West Hwy.
Albany, New York 12224 Bethesda, MD 20814 Mary Gundrum, Esq.
Mr. Frederick J. Shon Assistant Attorney General Atomic Safety and Licensing 2 World Trade Center Board Room 4614 U.S. Nuclear Regulatory New York, New York 10047 Commission East-West Towers, Rm. 430 Spence W. Perry, Esq.
4350 East-West Hwy.
General Counsel Bethesda, MD 20814 Federal Emergency Management Agency l
Secretary of the Commission 501 C Street, S.W., Room 840 Attention Docketing and Service Washington, DC 20472 Section i
U.S. Nuclear Regulatory Mr. Jay Dunkleberger l
Commission New York State Energy Office 1717 H Street, N.W.
Agency Building 2 Washington, DC 20555 Empire State Plaza Albany, New York 12223 Atomic Safety and Licensing Appeal Board Panel Stewart M. Glass, Esq.
U.S. Nuclear Regulatory Regional Counsel Commission Federal Emergency Management l
Washington, DC 20555 Agency 26 Federal Plaza, Room 1349 Atomic Safety and Licensing New York, New York 10278 Board Panel U.S. Nuclear Regulatory Stephen B. Latham, Esq.
- Commission Twomey, Latham & Shea l
Washington, DC 20555 33 West Second Street P.O. Box 298 Bernard M. Bordenick, Esq. **
Riverhead, New York 11901 Oreste Russ Pirfo, Esq.
Edwin J. Reis, Esq.
Jonathan D. Feinberg, Esq.
U.S. Nuclear Regulatory New York State Department of Commission Public Service, Staff Counsel i
7735 Old Georgetown Road Three Rockefeller Plaza l
(to mallroom)
Albany, New York 12223 i
Bethesda, MD 20814 William E. Cumming, Esq.
Lawrence Coe Lanpher, Esq. **
Associate General Counsel Karla J. Letsche, Esq.
Federal Emergency Management l
Kirkpatrick & Lockhart Agency Eighth Floor 500 C Street, S.W.
1900 M Street, N.W.
Room 840 Washington, DC 20036 Washington, DC 20472 l
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. t Ms. Nora Bredes Martin Bradley Ashare, Esq.
Executive Coordinator Eugene R. Kelly, Esq.
Shoreham Opponents' Coalition Suffolk County Attorney 195 East Main Street H. Lee Dennison Building Smithtown, New York 11787 Veterans Memorial Highway Hauppauge, New York 11787 Gerald C. Crotty, Esq.
Counsel to the Governor Dr. Monroe Schneider Executive Chamber North Shore Committee State Capitol P.O. Box 231 Albany, New York 12224 Wading River, NY 11792
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. fames N. Chgtman Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: August 18,1986
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