ML20207D835

Applicant Exhibit A-37,consisting of Transcript of Meeting of State of Ny Disaster Preparedness Commission on 830302

ML20207D835
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	07/14/1988
From:	NEW YORK, STATE OF
To:
References
OL-3-A-037, OL-3-A-37, NUDOCS 8808160138
Download: ML20207D835 (11)

Text

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f/b 3f C~ Mo-O Oiticial Exhibit 110. N

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DISPOS:lIOD:

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Til E SW.NOGRAPlIIG lWGORD NEW YO'E STATE DISASTER PREPAREDNESS COMMISSION In the Matter

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a Meeting of the New York State Disaster Preparedness Comission PROCEEDINGS:

March 2, 1983 l ' A t ' t .1 %' I'. l, WII f.IM AN t 'F le s i t's e li %f te tH rela wlt l( Rins4 r e tt

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a big part of our effort will be going towards that .

DR. AXELROD: Other questions 1

l of Mr. Davidoff? l (There was no response. )

DR. AXELROD: Thank you very much, Don. I want to also make another comment .

here with respect to the responsibilities of the

. t Disaster Preparedness Commission that sometimes gets lost, and that is that the responsibility of the c o m.n t s s i o n for nuclear disaster preparedness does not extend to our making proponents, opponents, antagonists of nuclear power, but s i m pl y to ensure that whern we have an operating nuclear power plant ,

that we are complying with the federal mandates and also have prepared the best possi51e plan under the l

l circumstances.

1 Ours is not an advocacy role.

Ours is not a role of opposition. Ours is simply to implement a safety plan and to take that f

responsibility and to ensure that is the best possible one under the circumstances and that it meets the requiroments as set by the federal pat:1.t w r. E. Wii.t.: maw Chirrorino mesosressano Repoorts,

9 59 government.

The last item on the informal agenda that you have before you is one that addresses the situation currently at the Shoreham nuclear power generating plant. As you are aware, there have been a number of events which have =

occurred with relationship to the preparation of the emergency' preparedness planning document for the Shoreham nuclear power plant.

It is not corrently operating.

The fuel is cur r e n tl y on-site, but it has not been fueled and is not operating at the present time.

The locue has arisen as a result of questions as tc the adequacy of a plan that has been prepared and submitted for evaluation by the Disaster Preparedness Commission, and the recent statement by the County Executive of Suffolk County that has determined or has indicated that he does not believe that there is the possibility of preparing 1 l

a disaster emergency preparedness plan that is adequate to meet the needs of the communities.

The County Legislature has also l

PAf fl.lN P 8 WILLIM AN

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cr.wrirteo 9nominAno Rarowvsu

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9 60 taken that position by an action of 15 to one that there is not currently an approved plan for the the e v a c u a v. i o n requirements of the l requirements, Shoreham nuclear powet plant. As a result of the actions by the countf and by the County Executive, the governor issuec. a statement on February 17, .

after consulting :vith me as the chairman of the 5 Disaster Preparedness Commission, and for those of

• you who have not seen the specifics, I would like to reac it to you because I think it is an activities important statemenc that will govern our in relationship to the Shoreham nuclear plant.

This is a ctatement by Governor Cuomo of February 17th, and 1,t reeds as follows:

"Suffolk County Executive Peter Cohalan and the have announced that they suffolk County Legislature evacuation tave concluded that a workable e m e r g e r. c y I

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plan cannot be developed for Shoreham.

"After discussions today with members of my senior staff and officials of the state Disaster. Preparedness Commission, I am trecting the commission to refrain from forwarding PAllt.IN e E. wt r.t.inx Cantnen sesomwAmo Rsponsa

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• 61 to Washington any proposed off-site emergency evacuation plan for the proposed Shoreham nuclear power plant.

"Federal law requires that before a license to o pe r a te a nuclear power plant can be issued, an acceptable emergency evacuation plan must be in place. In order for an off-site evacuation plan to be acceptable to the federal government, it must be bo t;. adequate and implementaole.

i

'The partleipatice and cooperation of local gevernment is essential it a wcrkable plan is to be developed. I have stated that I would not support tre opening of any nuclear plant for which an acceptable emergency evacuation plan does not exist. While recognizing the ultimate determination of acceptability rests with tha faderal government, I stand by my previous ntatement.

"As governor, I will not be a party to any effort to impose an independently developed plan upon Suffolk County. The state

- stands ready and willing to cooperate in any way PA sis.:w r l'.. W :.uw Aw C a wte rs mo Mnowtw Aw o R a pouvan ,

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possible with both Suffolk County and the Long Island Lighting Company to develop an adequate and implementable evacuation plan for Shoreham."

In response to the directive from the governor, I wrote to the County Executive, indicating the Disaster Preparedness Commission's m willingness to provide any consultation and offered:

the complete cooperation of the radiological emergency preparedness group to assist him to i evaluate any of the items or ime.nes whleh he f el t cenerved additional attention.

Also in my letter of February i

13, I invited,the County Executive to come to this meeting and to make a statement if he so desired, to clarify any issues that he felt he would wish to do.

In response to my letter of February 23rd, I received a response yesterday from the County Executive, and I would like to read it to you since it is addressed to me as chairman of The letter the Disaster Preparedness Commission.

• reads as follows:

PAttt,sN s E. Wis.t.tw AN Cairrarino SnournAno Repoetna

. 63 "This is in reply to your letter of February 23rd which we received yesterday, February 28th.

"First, I agree that the events of the past month have changed the basis of the previous relationships between the DPC and suffolk -

County. As you know, the county was earlier required to pursue its governmental rights' vis-a-vis the DPC through litigacien, Hoveler, given Governor Cuomo's statement of February 17th, it now appears that state agencies and the coenty will be able to relate to eacn other on the basis P

of greater mutual understanding an6 resp 4ct.

Accordingly, I have instructed the county's counsel te take the steps necessary to resolve that pending litigation.

"Suffolk County's recent issues decisions on local emergency preparedness f

i are correct for the well-being of this county's residents and should be taken at face value by all The county is agencies of the st; e of New York.

• acting in accordance with its obligations te PAlt f.lM F. E . Wi t.t.s w AN

(*amerien Snonnamo Raromven

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protect the safety of its residents. We recognize (

i that this has put us into a confrontation with the Long Island Lighting Co m pa n y which has mounted a variety of campaigns to turn the events of the day to the company's advantage. I stress, however, that this confrontation is between the county and LILCo and we perceive no reason why the state 1  :

should venture into the potential erossfire.

"Suffolk County has piseed its trust for revolving the present issues in the governmantal agencies which hava legal capabilities to deal with the consequences of Shoreham not going I

on line. Accordingly, the county is before the f

1 Nucl*At R*qu}ator/ Commienion meekinq expediticuM determination of that commission's Shoreham proceeding and before the state Public Service Commission seeking prompt determination of the costs and rate consequences of Shoreham's not operating. The county does not intend to walk away from these important matters.

"Secondly, you have referred to

. the possibility of LILCO receiving fuel loading and Pstti.t w e F.. Wit.t.t w AM cawtirien Swosrrnano Repoorten

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low power licenses from the NRC that will permit operation of Shoreham at five percent of the plant's capacity. Thus, you mentioned the development of a contingency plan to deal with any l eventuality associated with such low power operation. In the county's view it would be J m 1

unlawful for the NRC to issue fuel loading and low The only purpose f o r' t

power licenses for Shoreham.

l such licenses is to permit a plant to be tested l

)

' before it sceles up to operation at higher levels l

of power. However, since Shoreham cannot operate l

I at higher levels or receive a full power license, i

l the purpose of lew power testing would be obviated.

I Therefore, there would be no basis for the NRC even to concidar issuing fuel loading and low power licenses to Shoreham.

"Third, the county received a request only yesterday for us to publicly address the quarrel before the members of the DPC, the specifics of the determination of the potential risk of radioactive fission products which would be

' assumed to be potential results from damage to the I PAtit.:M e E. Wet.uw AM Casretrimp MnonruAmo Rapouvan

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- 66 reactor system during an accident. Those are quotes from my letter. The shortness of time unfortunately, stands in the way of the county being able to to address the forum. Therefore, I suggest that your staff contact Deputy County Executive Frank R. Jones to arrange an agenda for a

, m meeting between.the DPC and county officials so that we can discuss this matter and others which may also be of mutual interest.

"Finally, I wish to emphasize that the actions of the state cf New York and Governor Cuomo's office have been most constructive for building strong and effective relationships  !

between the state and 19eal government. I have confidence that the time-honored principles under which New York State and county governments have traditionally worked effectively will again, in this instance, a c c o ta m o d s t e Suffolk County's actions to protect the welfare of its own citizens.

We look forward to a meeting with you and your colleagues at a mutually acceptable date.

PAUWM n E. W :.uw Aw Cantersso SnowTnamo Rapontan

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, 67 Sincerely yours, Peter Cohalan, Suffolk County Executive."

Are there any questions by the members of the commission?

(There was no response.)

DR. AXELROD: That I think summarizes the status. We will meet and provide an opportunity for the Commission to meet with SuffcIk County if that appears to be appropriate, end we will proceed from there.

rhare are a number of other items which I'd like to es d d to your agenda.

They're relatively brief, but I'd like to bring t

them to your attention.

Before you today, you have a series of a subtitle marked Part 8800, which defines the meetings or the process by which meetings are held. I believe you have it in front of you, and what it does particularly is establish the basis for the actions of the Commission. It establishes ways in which special meetings can be

• called, quorum requirements, procedures, voting PAcune E. W:cuMAN Cawytrimo SuontmAmo Rapoetsa

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