ML20211N529

Suggestions for 860706 Prehearing Conference,Submitted Per ASLB 860620 Order.Topics of Discussion Should Include Nassau Coliseum,Bases of Litigation,Revs 7 & 8 to Util Emergency Plan & Commission Order CLI-86-11.Certificate of Svc Encl

ML20211N529
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	07/01/1986
From:	Latham S, Letsche K, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY, TWOMEY, LATHAM & SHEA
To:	Atomic Safety and Licensing Board Panel
References
CON-#386-821 CLI-86-11, OL-3, OL-5, NUDOCS 8607030139
Download: ML20211N529 (8)

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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED USNRC Before the Atomic Safety and Licensina Board 16 JL -2 N144 1

) QFFICE OF set.stIAhY

) U0CKETING & SERVICf.'

In the Matter of BRANCH

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3 l

) (Emergency Planning) l (Shoreham Nuclear Power Station )

Unit 1) )

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SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON SUGGESTIONS FOR AGENDA FOR JULY ~8 PR N ARING CONFFRENCE In accordance with this Board's Order of June 20, 1986, Suffolk County, the State of New York, and the Town of Southampton (" Governments") suggest that the following matters be included on the agenda for the July 8 prehearing conference.

These are in addition to the scheduling matters which the Board already has indicated will be on the agends.

1. Nassau Coliseum. On June 16, the Nassau County Board 2 of Supervisors enacted resolutions which bar use of the Nassau County Veterans Memorial Coliseum as part'of the LILCO Plan. The Board and parties should discuss the impact on the exercise liti- i gation of this new substantial void in LILCO's Plan.

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2. Bases of Litication. The Board and parties should dis-cuss and define what document (s) or portion (s) are to form the AS bases of exercise litigation (e.g., FEMA Post Exercise Assess-ment), their sponsors, and how they are to be handled for eviden-tiary purposes.

3. Revisions 7 and 8 of LILCO Plan. LILCO recently has submitted Revision 7 of its Plan to the NRC and requested that it seek FEMA review of Revision 7. LILCO also recently indicated that Revision 8 will be submitted shortly. Revision 7 purports to respond to FEMA's Post Exercise Assessment and also to FEMA RAC comments on Revision 6. The scope of the as yet unissued Revision 8 is unclear. The NRC Staff and FEMA should disclose 1

whether a RAC review will be requested and performed; if a RAC review is anticipated, FEMA should disclose its schedule for the review. LILCO should disclose the intended scope and issuance date of Revision 8. The Board and parties should discuss the impact of the new Plan revisions, RAC reviews, and related

, scheduling data upon exercise litigation, including the bases of litigation matters identified in item 2 above.

4. Burden of Goina Forward. The Governments believe that i

in light of the current posture of this licensing proceeding, l LILCO has the burden of going forward in any additional litiga-tion. If it believes the February 13 exercise provides a basis to seek reversal of this Board's license denial or otherwise to l

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-p further its license application, LILCO must meet established requirements to justify additional litigation, submit contentions and define for the Board and parties the issues, documents, exer-cise results, or other matters it seeks to litigate. The reasons for this position are set forth in the Motion of Suffolk County, the State of New York and the Town of Southampton for Ruling Concerning Proceedings Related to the Shoreham Exercise, dated February 24, 1986, filed with Appeal Board, and the Motion of the same title, dated March 7, 1986, filed with the Commission. The Commission did not rule on this issue in CLI-86-ll. The Board should provide an opportunity on July 8 for argument on this matter.1 1 Related to the foregoing, LILCO has suggested in several re-cently filed documents that the exercise provides a basis for a

" reasonable assurance" finding. Egg, e.o., LILCO Letter to Harold Denton, SNRC-1269, June 20, 1986 ("LILCO's response to the FEMA assessment . . . (is enclosed]. LILCO believes these ac-tions, when complete, will enable the NRC to conclude, with reasonable assurance, that appropriate measures can be taken

. in the event of a radiological emergency."); LILCO's Motion to Implement Board Order of June 11, 1986, June 18, 1986 (exer-cise hearing is " final required step before issuance of a full power license . . . . "). FEMA Region II's Regional Director, Frank Petrone, before his forced resignation, made clear that based upon the exercise, he concluded that there is nq reasonable assurance tnat adequate protective measures could be taken to protect the public in the event of a Shoreham accident. And even FEMA's post-Petrone position is that a reasonable assurance finding cannot be made. At the July 8 conference LILCO should explain its bases for suggesting that a reasonable assurance finding is possible and whether LILCO intends to attempt to use exercise litigation to support that suggestion.

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5. Data Reauests. The Governments still have received from FEMA no FEMA-generated exercise data despite repeated requests beginning February 20, 1986. The impact of FEMA's failure to supply these data should be discussed.

6. FEMA Personnel. During the June 20 conference call, FEMA's counsel indicated that some FEMA and RAC personnel would be or might be unavailable at various times. FEMA counsel should provide more definitive information on this subject, and the Board and parties should discuss the impact of this on exercise litigation.

7. Limited Accearance Statements. Residents of Long Island have informed the Governments that they wish to make limited appearance statements should thert be litigation concerning the February 13 exercise, and that they wish to have a spokesperson address the Board on July 8 to schedule times and places for such statements. The Governments strongly support this request, particularly since contrary to normal practice, in this case FEMA refused to conduct a post-exercise meeting with the public to obtain data and comments concerning the exercise

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and the LILCO Plan. The agenda should include an opportunity for a spokesperson to address the Board on that subject.

Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 A >

Herbert H. Bro [w Lawrence C. Lapher Karla J. Letsche Kirkpartrick & Lockhart 1900 M Street, N.W.

Washington, D.C. 20036 Attorneys for Suffolk County A.

Fabian G. P&lomino 4t)

Special Counsel to the Governor of New York State Executive Chamber Two World Trade Center New York, New York 10047 Attorney for Governor Mario M.

Cuomo and the State of New York ,

/ Stegphn B. Latham Twomey, Latham & Shea P.O. Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of Southampton July 1, 1986

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Boar $0CMETED USNRC

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In the Matter of )

LONG ISLAND LIGHTING COMPANY ) Docket Nof0 kt h '$fh3['

(Emergency E13nning)

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(Shoreham Nuclear Power Station, )

Unit 1) ) .

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Certificate of Service I hereby certify that copies of SJFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON SUGGESTIONS FOR AGENDA FOR JULY 8 PREHEARING CONFERENCE, have been served on the following this 1st day of July 1986 by U.S. mail, first class, except as otherwise noted.

• Morton B. Margulies, Chairman Stuart Diamond Atomic Safety and Licensing Business / Financial Board Panel NEW YORK TIMES ~

U.S. Nuclear Regulatory Commission 229 W. 43rd Street Washington, D.C. 20555 New York, New York 10036

• Jerry R. Kline Joel Blau, Esq. <

New York Public Service Comm.

Atomic Safety and Licensing Board Panel ,

The Governor Nelson A.

U.S. Nuclear Regulhtory Commission Rockefeller Building Washington, D.C. 20555 Empire State Plaza Albany, New York 12223

• Frederick J. Shon

• • • Stewart M. Glass, Esq.

Atomic Safety and Licensing Board Panel Regional Counsel U.S. Nuclear Regulatory Commi.sion = Federal Emergency Management i Washington, D.C. 20555 Agency 26 Federal Plaza New York, New York 10278 l

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Anthony F. Earley, Esq.

Mr. William Rogers

. General Counsel Clerk Long Island Lighting Company Suffolk Countf Legislature 250 Old Country Road Suffolk County Legislature Office Building Mineola, New York 11501 Veterans Memorial Highway Hauppauge, New York 11788 ***W. Taylor Reveley, III, Esq.

Hunton & Williams Bernard M. Bordenick, Esq. P.O. Box 1535 U.S. Nuclear Regulatory Comm. 707 East Main Street Washington, D.C. 20555 Richmond, Virginia 23212 Spence Perry, Esq. Mr. Jay Dunkleberger New York State Energy Office Associate General Counsel Agency Building 2 Federal Emergency Management Agency Empire State Plaza Washington, D.C. 20471 Albany, New York 12223 Mr. L. F. Britt

• • Stephen B. Latham, Esq.

Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power Station 33 West Second Street North Country Road Riverhead, New York 11901 Wading River, New York 11792 ,

Ms. Nora Bredes Docketing and Service Section Office of the Secretary Executive Director U.S. Nuclear Regulatory Comm.

Shoreham Opponents Coalition 1717 H Street, N.W.

195 East Main Street Washington, D.C. 20555 Smithtown, New York 11787 Mary Gundrum, Esq. Hon. Peter Cohalan New York State Department Suffolk County Executive H. Lee Dennison Building of Law Veterans Memorial Highway 2 World Trade Center, Rm. 4614 New York, New York 10047 Hauppauge, New York 11788 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee Suite K P.O. Box 231 95125 Wading River, New York 11792 San Jose, California

• • • Martin Bradley Ashare, Esq. *** Fabian G. Palomino, Esq.

l Suffolk County Attorney Special Counsel to the Governor Bldg. 158 North County Complex Executive Chamber, Rm. 229 Veterans Memorial Highway State Capitol Hauppauge, New York 11788 Albany, New York 12224

3-David A. Brownlee, Esq. Atomic Safety and Licensing Kirkpatrick & Lockhart Appeal Board 1500 Oliver Building U.S. Nuclear Regulatory Comm.

Pittsburgh, PA 15222 Washington, D.C. 20555 1.

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'Karjla J. LetscP)V KIRKPATRICK & OOCKHART 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 Date: July 1, 1986

• By Hand

• • By Federal Express

• • • By Telecopy 4

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