ML20206R916
| ML20206R916 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/01/1986 |
| From: | Brown H KIRKPATRICK & LOCKHART |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| References | |
| RTR-NUREG-0654, RTR-NUREG-654 OL-3, NUDOCS 8607070253 | |
| Download: ML20206R916 (3) | |
Text
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KIRKPATRICK & LOCKHART 1900 M STREET, N W.
WASHINGTON, D.C. 200M ONE BOSTON Pt. ACE eOSTON. MA 02108 TELEPHONE (202) 452 7000 (617) 973 5400 U
1428 BluCKELL AVENUE TELECOPIER (202) 452-7052 MIAMI, FL 331II (305) 374 4112 1500 OLIVER BUILDING HERBERT H. BROWN P!TT! BURGH. PA 15222 coz)4szas July 1, 1986 (4m 355m i
Harold R.
Denton Director U.S. Nuclear Regulatory Commission 7920 Norfolk Avenue Bethesda, Maryland 20814 Re:
Shoreham Nuclear Power Station; Docket No. 50-322-OL-3
Dear Mr. Denton:
This concerns the Long Island Lighting Company's letter to you dated June 20, 1986.
Therein, LILCO states that the recent decision of the Nassau County Board of Supervisors that prohibits the use of any of Nassau County's facilities, including the Coliseum, is either of no consequence, or of uncertain consequence to LILCO's pending application for a license to operate the Shoreham Nuclear Power Plant.
LILCO's claim is that despite the decision of the Board of Supervisors, ".
the authority to make use of the Coliseum and other Nassau County facilities in an emergency rests with the County Executive; and the County Executive has said that in the event of an accident at Shoreham he would in fact make use of whatever resources were available to him, including the Coliseum."
LILCO misstates both the law and the effect of the Board of Supervisors' decision.
First, NUREG-0654 specifies the need for an " agreement" between LILCO and a relocation center.
E.g.,
NUREG-0654, S II.A.3.
The Staff's witnesses during the Shoreham hearings emphasized the need for such an agreement.
See Direct Testimony of Thomas E.
Baldwin, Joseph H.
Keller, Roger B.
Kowieski, and Philip H. McIntire Concerning Phase II Emergency Planning, April 17, 1984, p.
20; Tr. 14,201, 14,221-22, 14,269, 14,270.
Previously, LILCO identifed the Nassau Coliseum and offered a purported agreement with the lessee of the Coliseum to meet this requirement of NUREG-0654.
However, the Nassau County Board of 8607070253 860701 E5
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KIRKPATRICK & LOCKHART Harold R.
Denton July 1, 1986 Page 2 Supervisors declared this purported agreement "a nullity, contrary to law, and void."
Therefore, LILCO does not comply with NUREG-0654.
Second, LILCO implies that it has the assurance of the Nassau County Executive that the Coliseum would be used in an emergency.
Even if that were so, such assurance could not substitute for the required agreement.. Nevertheless, there is in fact no such assurance, as shown by the statement of Nassau County Executive Purcell's spokeswoman, who is quoted in Newsday, June 28, as saying, ".
Purcell has never officially made such a statement to the utility."
(Copy of Newsday article attached.)
In view of the foregoing, LILCO clearly does not comply with the relocation center requirement of NUREG-0654.
LILCO's Revision 7 of its plan, which relies upon the Coliseum, should therefore be rejected by the Staff.
Very truly yours, Herbert H.
Brown Enclosure l
i cc:
Service List i
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Coliseum Stays in LILCO Plan By John Mcdonald '330 dont L e Abreham said utility oscials had based the assertion in In its latest aviaton orthe emer-the letter on Purcell's statements to response plan t' r the Shore-o Wauclear plant, the long h press.
Island Li Co. continues to h Ians Beach Supervisor Bruce agnate th Nassau Coliseum asits re*
N amid LII40's proposed use location center for evseuses -
b Causeum is "abourd, and it I despite a Nassau supervisors' vote Glas in the fece of clear legislative prohibiting such use of the building action taken by the Board of Super-LILCO submitted the tan to visors." He was joined in that criti.
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, a few ya sAer the h enom by Glen Cove Mayor Vincent Suosa. Hempstead, Supervisor the Nassau supervisors. The utility told the NRC in an accompanying @- Gulotta said thm@lu-a letter that Naassu Coun Easeutive that h p's reso dos " speaks kr itseE
$ Francis Purcell has as that in a
,s real emergency he would "make use LII40 changed several aspects of of whatever resources wem available its plan la response to a Federal w to him, including the Coliseum."
Emergency Management Agency E1' ine evaluation of a drill it held Feb.18, a Purcell's spokeswoman, a
King, said, however, that Purcell has drill in which Suffolk County and never of5cially made such a state-New York State officials refbeed to ment to the utility, LILCO vice presi-participata.
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