ML20206R408
| ML20206R408 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/02/1986 |
| From: | Reveley W HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#386-841 OL-3, NUDOCS 8607070136 | |
| Download: ML20206R408 (8) | |
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LILCO, July 2,1986 e
4 UNITED STATES OF AMERICA
%fRC ED NUCLEAR REGULATORY COMMISSION 16 JL -3 All:47 Before the Commission C0CXE Ti"'i ' ~
In the Matter of
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LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning Proceeding)
(Shoreham Nuclear Power Station,
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Unit 1)
)
RESPONSE OF LONG ISLAND LIGHTING COMANY TO GOVERNOR CUOMO'S JUNE 30,1986 " STATEMENT" On June 30, special counsel for the Governor of the State of New York filed with this Commission a four page undated " Statement by Governor Mario M. Cuomo" con-cerning response by New York State in the event of a radiological emergency at Shoreham. The Governor's " Statement" refers with approval to and echoes the general arguments made in a June 23,1986 document filed on behalf of the Suffolk County Ex-ecutive, Peter F. Cohalan.
LILCO believes that the substantive points made in its June 30, 1986 motion to strike and reply to Mr. Cohalan's " Statement" apply equally to the Governor's current submission. The fundamental point still remains: nowhere in his " Statement" (or in the 84 days of licensing board hearings on emergency planning) has the Governor stated, or even implied, that in the event of a radiological emergency at Shoreham, he would do anything less than his duty to protect the general public under New York State law.
Performance of that duty, given the knowledge and logistic base provided by LILCO's offsite emergency plan and of LERO, is all that is postulated by the " realism" argument.
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The Governor's duty, which applies equally in connection with New York State's five currently operating nuclear plants (Indian Point 2 and 3, Nine Mile Point 1, Fitzpatrick, Ginna), is clear. It is found in Article 2-B, SS 20ff., of the New York State Executive Law.1 A sketch of those provisions applicable to New York State is instruc-tive.
Article 2-B begins with the following important declaration:
Section 20 1.
It shall be the policy of the state that:
c.
State and local natural disaster and emergency re-sponse functions be coordinated in order to bring the fullest protection and benefit to the people.
d.
State resources be organized and prepared for immedi-ate effective response to disasters which are beyond the capability of local governments and emergency service organizations; and
'l e.
State and local plans, organizational arrangements, and response capability required to execute the provisions of this article shall at all times be the most effective that current circumstances and existing resources allow; Article 2-B creates, in S 21, a Disaster Preparedness Commission. Its chairman is appoir.ted by the Governor; the Governor's chief of staff serves as its secretariat; it i
reports to the Governor. The Commission is required in S 21, among other things, to:
1/
The applicability of that statute to Suffolk County's obligations in the event of a radiological emergency at Shoreham was dicussed in LILCO's reply to Mr. Cohalan, at pp.10-12.
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ee
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c.
direct state disaster operations and coordinate state di-saster operations with local disaster operations follow-ing the declaration of a state disaster emergency; d.
unless it deems it unnecessary, create, following the declaration of a state disaster emergency, a temporary organization in the disaster area to provide for integra-tion and coordination of efforts among the various fed-eral, state, municipal and private agencies in-volved.....
The Disaster Preparedness Commission is required to prepare and annually up-date disaster plans for review and approval by the Governor. (S 22.1). Detailed criteria for such plans, involving separate specifications for disaster prevention, disaster re-sponse and disaster recovery, are set out in SS 22.2 and 22.3. Among the aspects of prevention is " identification of potential disasters and disaster sites" (S 22.3a(1)). Ra-diological emergencies are specifically included within the definition of disasters cov-ered by Article 2-B (S 20.2a). The Commission is also required to render " assistance and l
advice" to localities in the development of disaster preparedness plans (S 23.1).
i The Governor is unequivocally required by 5 28 to respond in the event of an emergency. The statute reads:
1.
Whenever the governor, on his own initiative or pursuant to a request from one or more chief executives (of local govern-ments), fincis that a disaster has occurred or may be immi-nent for which local governments are unable to respond ade-quately, he shall declare a disaster emergency by executive order.
2.
Upon declaration of a disaster arising from a radiological ac-cident, the governor or his designee shall direct one or more chief executives and emergency services organizations to:
a.
notify the public that an emergency exists; and
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4
-e b.
take appropriate protective actions pursuant to [ state-approved] radiological emergency response plans.....
The governor, or his designee, shall also have the au-thority to direct that other actions be taken by such chief executives pursuant to [their local emergency powers].
(Emphasis supplied.)
The statute also empowers the Governor to direct that the resources of all agen-cles of the state government be utilized in disaster control under the coordination of the DPC (S 29). The statute also empowers the Governor, subject only to constitutional limitations, to " temporarily suspend the provisions of any statute, local law, ordinance, or orders, rules or regulations, or parts thereof, of any agency during a state disaster emergency, if compliance with such provisions would prevent, hinder, or delay action necessary to cope with the disaster (S 29-a.1).
Article 2-B is a comprehensive and detailed statute, the plain purpose of which is to galvanize and oblige the Governor and the state governmental apparatus at his command to utilize all available state resources to prepare for, seek to prevent, and mitigate as rapidly and effectively as possible, any public emergency, specifically including a radiological emergency. The statute does not oblige the Governor to use the
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LILCO plan to any specific extent; it certainly does not preveqt him from making use of it; it does, at all events, oblige him to use his powers to the fullest to protect the public. Whatever may be said of New York State's conduct toward Sho:eham to date or its refusal to commit to using LILCO's emergency plan for Shoreham, it is LILCO's be-lief that the Governor would observe his duty to protect the public using the best avall-able resources, as the law requires of him, in the actual event of an emergency there, i
Until an alternate is prepared and approved by the DPC, the LILCO plan and its 3
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supporting logistic and personnel base show the way to effectivo emergency prepared-ness at Shoreham.
In short. Governor Cuomo's " Statement" does not disclaim either his obligation or his intent to follow New York State law in an emergency. LILCO has never claimed anything more than that the State of New York and its responsible officers would fol-low their legal duties; and that in the absence of anything better, its emergency plan and organization, having been found demonstratedly satisfactory, are therefore a model, ready and available now, that could and in reality would be utilized, if needed, in i
coordination with responsible governments in any of a virtually limitless set of feasible combinations of ways and extents.
Respectfully submitted, w..
m W. Taylor Reveley, III Donald P. Irwin James N. Christman Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: July 2,1986
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LILCO, July 2,1986 e
DOCKETED USNRC l
CERTIFICATE OF SERVICE g3 In the Matter of 0FFICE OF SEC!stiAP LONG ISLAND LIGHTING COMPANY 00cKETitiG A SU4VIC-WE (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 I hereby certify that copies of RESPONSE OF LONG ISLAND LIGHTING COMPANY TO GOVERNOR CUOMO'S JUNE 30,1986 " STATEMENT" were served this date upon the following by Federal Express as indicated by an asterisk, or by first-class mail, postage prepaid.
Nunzio J. Palladino, Chairman
- Gary J. Edles, Esq.
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing 1717 H Street, N.W.
Appeal Board Wasnington, DC 20555 U.S. Nuclear Regulatory Commission Commissioner Thomas M. Roberts
- 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 Commissioner James K. Asselstine
- Dr. Howard A. Wilber U.S. Nuclear Regulatory Commisison Atomic Safety and Licensing 1717 H Street, N.W.
Appeal Board Washington, DC 20555 U.S. Nuclear Regulatory Commission 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 Commissioner Lando W. Zech, Jr.
- Morton B. Margulies, U.S. Nuclear Regulatory Commission Chairman 1717 H Street, N.W.
Atomic Safety and Licensing Washington, DC 20555 Board U.S. Nuclear Regulatory Alan S. Rosenthal, Esq.,
Commission Chairman East-West Towers, Rm. 407 Atomic Safety and Licensing 4350 East-West Hwy.
Appeal Board Bethesda, MD 20814 U.S. Nuclear Regulatory Commission Fif th Floor (North Tower)
East-West Towers 4350 East-West Highway Bethesda, MD 20814
f 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 Ilwy.
General Counsel Bethesda, MD 10814 Federal Emergency Management Agency Secretary of the Commission 501 C Street, S.W., Room 840 U.S. Nuclear Regulatory Washington, D.C. 20472 Commission Washington, D.C. 20555 Mr. Jay Dunkleberger New York State Energy Office Atomic Safety and Licensing Agency Building 2 Appeal Board Panel Empire State Plaza U.S. Nuclear Regulatory Albany, New York 12223 Commission Washington, D.C. 20555 Stewart M. Glass, Esq.
Regional Counsel Atomic Safety and Licensing Federal Emergency Management Board Panel Agency U.S. Nuclear Regulatory 26 Federal Plaza, Room 1349 Commission New York, New York 10278 Washington, D.C. 20555 Stephen B. Latham, Esq.
Bernard M. Bordenick, Esq.
Twomey, Latham & Shea Oreste Russ Pirfo, Esq.
33 West Second Street Edwin J. Reis, Esq. '
P.O. Box 298 U.S. Nuclear Regulatory Riverhead, New York 11901 Commission 7735 Old Georgetown Road Jonathan D. Feinberg, Esq.
(to mailroom)
New York State Department of Bethesda, MD 20814 Public Service, Staff Counsel Tiiree Rockefeller Plaza Lawrence Coe Lanpher, Esq.
Albany, New York 12223 '
Karla J. Letsche, Esq.
Kirkpatrick & Lockhart William E. Cumming, Esq.
Eighth Floor Associate General Counsel 1900 M Street, N.W.
Federal Emergency Management Washington, D.C. 20036 Agency 500 C Street, S.W.
Room 840 l
Washington, D.C. 20472 r
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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 1i792 W
Dolald P. Irwin
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Hunton & Williams 707 Eas-Main Street P.O. Box 1535 Richmond, Virginia 23212 i
DATED: July 2,1986 1
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