ML20211N633

Forwards Affidavit & Documents for ASLB in-camera Insp,If Necessary,To Suppl Matls Submitted on 861201 Re Emergency Preparedness Exercise.W/O Documents.Certificate of Svc Encl

ML20211N633
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	12/15/1986
From:	Cumming W Federal Emergency Management Agency
To:	Frye J, Paris O, Shon F Atomic Safety and Licensing Board Panel
References
CON-#486-1917 OL-5, NUDOCS 8612180268
Download: ML20211N633 (7)

Text

N/7 Federal Emergency Management Agency

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Washington, D.C. 20472 DEC i 5 gg 00gTEt

'86 DEC 17 P1 :07 g

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o DOC u John H. Frye, III, Chairman Oscar H. Paris Atomic Safety and Licensing Board Administrative Judge-U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Frederick J. Shon Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322-OL-5 EP Exercise

Dear Administrative Judges:

Under cover of this letter, the Director of the Federal Emergency Management Agency submits additional written materials for the Board's in-camera inspection if necessary to supplement those materials submitted on December 1, 1986. They include: (1) an affidavit requesting the document be protected under executive privilege; and (2) the documents themselves under seal. Since the documents are in the same category as those previously submitted, no further written argument is submitted to supplement FEMA's November 28, 1986, response.

Sincerely, .

[ h :;;::::

William R. Cumming Counsel for FEMA cc: Service List 8612180268 861215 D@)

PDR ADOCK 05000322 G PDR

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-5 v )

(Shoreham Nuclear Power Station. ) -

Unit 1) )

AFFIDAVIT OF JULIUS W. BECTON, JR.

DIRECTOR OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY JULIUS W. BECTON, JR., being duly sworn according to law, does depose and say:

1. I am the Director of the Federal Emergency Management Agency (FEMA),

an independent agency of the United States of America.

2. I am supplementing my affidavit and submission of November 28, 1986, with additional documents in the same categories.

3. I have personally reviewed the documents which are listed below:

P-79 April 7, 1986, PEA Draft (R. Kowieski's personal copy).

P-80 April 7, 1986, PEA Draft (two additional copies).

P-81 [ Undated] S. Macintosh Review of March 12, 1986, PEA Draft.

P-82 (Undated] P. Weberg Review of March 12, 1986, PEA Draft.

P-83 [ Undated] P. McIntire Review of March 12, 1986, PEA Draft.

P-84 [ Undated] J. Connolly Review of March 12, 1986, PEA Draft.

P-85 [ Undated] H. Fish Review of March 12, 1986, PEA Draft.

P-86 (Undated] R. Bernacki Review of March 12, 1986, PEA Draft.

P-87 [ Undated] Bob Turner Review of March 12, 1986, PEA Draft.

P-88 (Undatto] RFR Review of March 12, 1986, PEA Draft.

- P-89 Marr.h 7, 1986, Draft Tables to PEA (three sets).

P-90 March 20, 1986, Letter P. Giardina to R. Kowieski re: Draft PEA.

- P-91 March 3, 1986, Letter from D. Connors to R. Kowieski re: Plan r Changes.

9 P-92 March 19, 1986, Letter G. Bickerton to R. Kowleski re: Draft PEA.

P-93 March 17, 1986 Memo to ANL Shoreham Evaluators from E. Tanzman re:

Review of Draft PEA.

P-95 (Undated] Bob Turner Review of April 7, 1986, PEA Draft. (Two copies.)

P-96 (Undated] M. Jackson Review of April 7, 1986, PEA Draft.

P-97 (Undated] Three Unidentified Marked-Up Copies of April 7, 1986, PEA Draft.

4. These documents are being submitted to the Atomic Safety and Licensing Board presiding over this proceeding for M camera inspection, if necessary.

5. Two documents which I previously reviewed, and may have been inadvertently left out of the documents actually submitted to the Board are resubmitted. These documents are marked P-5 and P-56 on the previous 1.y submitted index.

6. I hereby claim and assert FEMA's executive privilege regarding the documents listed in Exhibit A to this Affidavit. This assertion of privilege is necessary to protect the deliberative process by which FEMA, with t'he technical assistance of the Regional Assistance Committee, evaluates exercises of radiological emergency response plans. In my judgment, if the professional persons who advise me and my staff are not assured that their discussions and

thought processes will not be subjected to public scrutiny, then I cannot be confident my staff and I are receiving candid and objective advice. In that event, the safety of the people whom such emergency response plans are

, designed to protect may be compromised. My reasons for asserting executive privilege are spelled out in greater detail in the legal brief submitted on December 1, 1986. -

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JULIUS H. BECTON, JR.

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t District of Columbia: ss:

On this /6 day of #it , 1986, before me, the undersigned Notary Public, came JULIUS H. BECTON, JR., Director of the Federal Emergency Management Agency, and he did swear that the matters set forth in the foregoing Affidavit are true. / -

b 0 4.tL b F#ill' ALhkN Notary Public G (Seal)(/

" 'O L~ s . . . .

UNITED STATES OF AMERICA  %;[

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD GFR - z .4 In the Matter of ) 00Chii g rva

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V LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-0L-5

) (EP Exercise)

(Shoreham Nuclear Power Station, )

Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " LETTER TO ADMINISTRATIVE JUDGES AND ACCOMPANYING' AFFIDAVIT" in the above-captioned proceeding have been served on the following by deposit in the United States mall, first class, or by hand delivery as indicated by double asterisk, this 15th day of December, 1986:

John H. Frye, III, Chairman ** Fabian G. Palomino, Esq.

Administrative Judge Richard J. Zahnleuter, Esq.

Atomic Safety & Licensing Board Special Counsel to the Governor U.S. Nuclear Regulatory Commission Executive Chamber Washington, D.C. 20555 State Capitol Albany, NY 12224 Oscar H. Paris ** W. Taylor Reveley III, Esq.

Administrative Judge Hunton & Williams Atomic Safety and Licensing Board 707 East Main Street U.S. Nuclear Regulatory Commission P.O. Box 1535 Washington, D.C. 20555 Richmond, VA 23212 Frederick J. Shon** Jonathan D. Feinberg, Esq.

Administrative Judge New York State Department of Atomic Safety and Licensiiig Board Public Service U.S. Nuclear Regulatory Commission Three Empire State Plaza Washington, D.C. 20555 Albany, NY 12223

Stephen B. Latham, Esq.

John F. Shea, III, Esq. Herbert H.. Brown, Esq.

Twomey, Latham & Shea Lawrence Coe Lanpher, Esq.

Attorneys at Law Karla J. Letsche, Esq.

P.O. Box 398 Kirkpatrick & Lockhart 33 West Second Street 1800 M Street, N.W.

, Riverhead, NY 11901 9th Floor Washington, D.C. 20036-5891 Atomic Safety and Licensing i Board Panel Joel Blun, Esq.

U.S. Wuclear Regulatory Commission Director, Utility Intervention Washington, D.C. 20555 NY State Consumer Protection Board Suite 1020 Atomic Safety and Licensing 99 Washington Avenue Appeal Board Panel Albany, NY 12210 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Monroe Schneider North Shore Committee P.O. Box 231 Docketing and Service Section Wading River, NY 11792 Office of the Secretary U.S. Nuclear Regulatory Commission Philip H. McIntire Washington, D.C. 20555 Federal Emergency Management Agency 26 Federal Plaza Spence Perry, Esq.** New York, New York 10278 General Counsel, Rm. 840 Federal Emergency Management Agency 500 C Street, S.W.

Washington, D.C. 20472 Robert Abrams, Esq.

Attorney General of the State Gerald C. Crotty, Esq. of New York Ben Wiles, Esq. Attn: Peter Blenstock, Esq.

Counsel to the Governor Department of Law Executive Chamber State of New York State Capitol Two World Trade Center Albany, NY 12224 Room 46-14 New York, NY 10047 Anthony F. Earley, Jr., Esq. MHB Technical Associates General Counsel 1723 Hamilton Avenue Long Island Lighting Company Suite K 250 Old County Road San Jose, CA 95125 Mineola, NY 11501 Hon. Peter Cohalan Martin Bradley Ashare, Esq.

Suffolk County Executive Suffolk County Attorney County Executive / Legislative Bldg. H. Lee Dennison Building Veteran's Memorial Highway Veteran's Memorial Highway Hauppauge, NY 11788 Hauppauge, NY 11788

3-Mr. Jay Dunkleberger Ms. Nora Bredes New York State Energy Office Shoreham Opponents Coalition Agency Building 2 195 East Main Street Empire State Plaza Smithtown, NY 11787 Albany, New York 12223 Ellen Blackler Mr. Robert Hoffmnan New York State Assembly Ms. Susan Rosenfeld Energy Committee Ms. Sharlene Sherwin

, 626 Legislative Office Building P.O. Box 1355 Albany, NY 12248 Massapequa, NY 11758 Brookhaven Town Attorney Bernard M. Bordenick, Esq.

475 E. Main Street Maryland National Bank Building Patchogue, NY 11772 Rm. 9604 Washington, DC 20555

f. h= = ' - - )

Hilliam R. Cumming '

Federal Emergency Management Agency

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