ML20206Q073

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Discusses Author Serious Concerns W/Decision CLI-86-13 Issued on 860724.Urges NRC to Respect & Accept Decisions of State of Ny & Suffolk County Not to Adopt or Implement Emergency Plans as Exercise of Respective Police Powers
ML20206Q073
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 07/25/1986
From: Damato A
SENATE
To: Zech L
NRC COMMISSION (OCM)
Shared Package
ML20206Q071 List:
References
CLI-86-13, NUDOCS 8609040017
Download: ML20206Q073 (2)


Text

_ _

e ALFONSE M. D'AMATO r. . E NEW YORK p ,

C Enited $tates $tste !'

WASHINGTON, DC 20510 4 July 25, 1986 The Honorable Lando W. Zech, Jr.

Chairman Nucleec Regulatory Commission 1717 H Street, NW Washington, D.C. 20555

Dear Chairman Zech:

I am writing regarding the NRC's Decision CLI-86-13 issued on July 24, 1986. Although I realize it is up to the NRC to interpret its regulations, I am writing to let you know of my serious concerns with this decision.

The Governor of New York and the County Executive of Suffolk County both have stated emphatically that under no circumstances would they cooperate with LILCO in planning or conducting an evacuation drill for the Shoreham nuclear power plant, nor would they participate in any independently developed and tested LILCO emergency plan. Nevertheless, without a hearing, you have rejected these statements and have made conclusive findings to the contrary.

The experiences of Chernobyl and Three Mile Island have taught us that ad hoc responses to emergencies are not acceptable. The NRC's own rules adopted after Three Mile Island made that clear.

As Commissioner Asselstint indicated in his dissenting views, the Commission's decision "... endorses the idea that a nuclear plant may be allowed to operate without state and local government participation in or cooperation with emergency planning. This decision, in effect, takes the ' planning' out of emergency planni,ng and, thereby, undermines the foundation upon which our emergency planning regulations are based. The Commissions' decision is riddled with assumptions which seem to be supported by nothing more than wishful thinking."

The decisions of New York and Suffolk County not to adopt or implement emergency plans constitute the exercise of their police powers. The courts have upheld these decisions. I urge you to respect and accept these decisions.

r609040017 860822 PDR COMMS NRCC CORRESPONDENCE PDR

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j The Honorable Lando W. "ech, Jr.

July 25, 1986 Page Two The Commission has traditionally recognized the importance of State and local participation in the emergency planning process. To say that the State and local governments will somehow mag (cally be able to participate in the event of an actual emergency is similar to saying that a person who has never learned to swim can rescue a drowning man simply because it is an emergency.

They may want to help, but they would not know how. If an emergency necessitating an evacuation were to occur, we would need trained professionals dealing with it, not amateurs. For the NRC to ignore this fact and simply pretend that everything will work out is grossly irresponsible.

This serious decision regarding the health and well-being of the citizens of Long Island must not be taken lightly. I believe that, under these circumstances, in a severe emergency the people could not be protected. I urge the NRC not to disregard this fact.

t Sincerely, Alfo " M. D'Amato United States Senator AMD:enm

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