ML20207D837

Applicant Exhibit A-38,consisting of Affidavit of D Axelrod in Opposition to Lilco Motion to Compel Expedited Production of Documents by State of Ny

ML20207D837
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	07/14/1988
From:	Axelrod D NEW YORK, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
OL-3-A-038, OL-3-A-38, NUDOCS 8808160147
Download: ML20207D837 (3)

Text

CTCUTM cweggg pugg UNITED STATES OF AMERICA

,. C a .W. 01coi Dhst No. NUCLEAR REGEATORY COMMISSION gg 36 ATOMIC SAFETY AND LICENSING BOARD ~

Np';;t siU: l (GC, Board, Parn$ fore Administrative Judges N V James A. Laurenson, Chairman nwga.

lp3ll[jgg-Dr. Jerry R. Kline 5:d ._ _ _ Re:ei;;d _

,88 AUG 11 PS :50 Mr. Frederick J. shon

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) CFF' MN In- ) 00Cii !: < >, 1 DMe: Witness:the-M4tter-Rep rtar- of- ) Docket No. 501322-0L-3 H + &6 LONG ISLAN I ING COMPANY ) (Emergency Planning Proceeding I!o. Paps: ) ,

(Shorehan Nuclear Power ) '

Station, Unit 1) )

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AFFIDAVIT OF DAVID AXELROD, M.D., CHAIRMAN OF THE NEW YORK STATE DISASTER PREPAREDNESS COMMISSION, IN OPPOSITION TO LILCC'S MOTION TO COMPEL EXPEDITED  :

PRODUCTION OF DOCUMENTS BY NEW YORX STATE STATE OF NEW YORK )

) as.:

COUNTY OF ALBANY )

DAVID AXELROD, M.D., being duly sworn, deposes and says:

/

1. I am the Commissioner of Health of the State of New York.

- I am serving at the direction of Governor cuomo as the Chairman of the New York State Disaster Preparedness Commission ("DPC") .

2. Pursuant to Article 2-B of the New York State Executive Law, the DPC is the state agency responsible for coordinating man-made and natural disaster provention, response and recovery in New York State. The DPC is comprised of 20 members, most of whom are heads of state agencies. With respect to nuclear power plants, 1 the DPC is the state agency that is authorized to submit local offsite radiological emergency preparedness plans to the Governor. )

The Governor, in turn, may or may not submit the plans to FEMA f l

and the NRC.

l

3. In the spring of 1982, LILCO submitted a local offsite j l radiological emergency preparedness plan for Shoreham to the DPC l 8800160147 080714 2

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l E>ECUTIW. CHFt1EER ALEmY P.03 1 ,

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l for review. The staff of the DPC reviewsd the plan during the  ;

summer and fall of 1982. Concerning radiological matters, the staff of the DPC basically consists of the Radiological Emergency i P.reparedness Group (" REPG" ) . In addition, as chairman of the DPC, I have directed various offices within the New York State Department of Health, such as the Office of counsel, to provide support services to the DPC.

4. In its MOTION TO COMPEL EXPEDITED PRODUCTION OF DOCUMENTS BY NEW YORK STATE, dated debruary 6, 1984, LILCO sought discovery of documents prepared by the DPC staff, especially REPG, in connection with Shoreham and the DPC's proposed rules and regulations.

S. I personally have reviewed all of the documents which hnie been withhold from LILCO. These documents are described in Section IV of the OBJECTIONS OF GOVERNOR HAaIO CUOMO, REPRESENTING THE STATE OF NEW YORK, TO LILCO's MOTION TO COMPEL EXPEDITED PRODUCTION OF DOCUMENTS BY NEW YORK STATE, dated february 27, 1984.

These documents are being withheld frem discovery at my direction because they consist of consunications between members of REPG and other members of the DPC staff. Although the communications contain some facts, the facts are interwoven with opinions, recommendations and deliberations pertaining to decisions made during the process of internally assessing Shoreham and the DPC's proposed rules and regulations. Indeed, the DPC itself has never even convened a meeting for the purpose of discussing the work of the DPC staff pertaining to Shoreham. i

6. As the executive in charge of the overall operations of the DPC, I assert that these documents are sub,4ect to the protection

.____..-_..,--.____,..t- , , , , _ _ . _ _ _

MMM NG N P.04 c of executive privilege. The release of these documents to LILCO would have a chilling effect on the ability of the DPC to receive written comments, concerns and opinions of its staff, a A> t DAVID AXELROD, M.D.

Sworn to before me this 47A day of February 1984 NOTARY P'g -

RICHARD J. ZANNLEUTER Nots 7 N g f M * * *

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