ML20210Q587

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Comments on Facility Emergency Plan Exercise.Nrc Is Not Following Laws Mandated by Congress.Supports People of Long Island Request That Facility Not Be Allowed to Operate
ML20210Q587
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 09/23/1986
From: Bianchi I
NEW YORK, STATE OF
To: Margulies M
Atomic Safety and Licensing Board Panel
Shared Package
ML20210N493 List:
References
OL-5, NUDOCS 8610060968
Download: ML20210Q587 (3)


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THE ASSEMBLY

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1. WILLIAM BI ANCHI, JR.

COMMITTEES Assemblyman 3rd District Rules epteder M, M86 at an ation East Pa c ue L Y.11772 Room 939 and Autenbes Legpslatwe Offee 8uilding CHAIRMAN Afbany, New Yerk 12248 (518) 455-4901 Sub-Committee on Manne Resources Hon. Morton B. Margulies Chairman of the Shoreham Board Atomic Safety and Licensing Board Washington, D.C.

20555 Re:

Shoreham Nuclear Power Station EP Exercise Docket # 50-322-OL-5

Dear Judge Margulies:

I appreciate the opportunity to submit a statement concern-ing the evacuation plan for the Shoreham nuclear power plant.

As a State legislator representing a part of Suffolk County, I do not have any legislative authority regarding t.he laws which the NRC and this Board operate under.

As we all know, the Congress makes the laws concerning how nuclear power plants are licensed.

The law on licensing nuclear power plants specifically calls for local participation in evacuation plans.

My purpose in being here is to point out that it appears to me, as a State legislator, that the NRC is not following this law mandated by Congress.

When an agency does not follow the administrative procedure set up by a legislative body, it is a violation of due process, and I believe that is what is occurring today.

An agency, whether federal or state, cannot make one set of rules for a nuclear power plant in California and another set of rules for a nuclear power plant here on Long Island.

It is unfortunate that legal action will most likely be the result of these hearings, which attempt to circumvent the laws set up by Congress.

The second point that I wish to make has to do with the new law establishing the Long Island Power Authority.

As a sponsor of this law, I was pleased to support this legislation which not only seeks to stabilize electric rates on Long Island, but re-flects the will of the people of Long Island that Shoreham not 0610060960 861001

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b Hon. Morton B. Margulies September 23, 1986 open.

The legislators on Long Island have spoken for the people.

We ask you to respect the statement made by the New York State Legislature and the Governor of the State by not approving a li-cense for Shoreham since our State law will close Shoreham.

We have spoken as a State.

I am asking you, as a representa-tive of the federal government, to respect our decision in this matter.

Sincerely, f

I. W. Bianchi, Jr.

Member of Assembly cj

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DOLMEIli VALLEY STREAM UNION FREE SCHOOL DISTRICr THIRTEEN M'f James A. Dever School Corona Avenue p10.27 Valley Stream, New York 11582 1k5

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00CKEilNJA'l M *l BRANCH September 24, 1986 Ms. Sharleene Sherwin L.I. Ocalition for Safe Living 60 Lagoon Blvd.

Marsapequa, NY 11758 Daar Ms. Sherwin:

The State Supreme. Cburt has ruled that LILOO's emergency plan for Shoreham is illegal.

The State and Suffolk County have declined to implement any such plan for Shoreham. The Governor takes the position that Shoreham cannot and should not be licensed to operate.

This School District, as an arm of the Legislative Branch of the State of New York, feels itself bound by the decisions of the State Supreme court and by the opinions of the Governor.

Accordingly, and in view of the above, this School District wants you to know that our agreement with the American Red Cross, dated 12/22/85, for the use o,f our Wheeler Avenue School as a mass care shelter in case of an emergency, does not apply to a radiological (mergency originating out of LILCO's facility at Shoreham. Should such a disaster occur, at any time in the future, the Board of Education of this School District will consider a request, de novo, at that time.

Of course, with the exception detailed above, our school facility stands ready to assist in any community emergency.

Yours truly, i

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Thomas J Lee Superintendent TJL td it cc:

Atomic Licensing Board The Honorable Judge Margulies i

The Honorable Judge Klein Dr. Shon

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