ML20212D012
| ML20212D012 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/25/1987 |
| From: | Cumming W Federal Emergency Management Agency |
| To: | |
| References | |
| CON-#187-2593 OL-3, OL-5, NUDOCS 8703040042 | |
| Download: ML20212D012 (9) | |
Text
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February 25.-19E7
%kqTED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'87 FE8 26 P3 31 no V
Before the Atomic Safety and Licensing Bo'a"rd 1
)
Docket No. 50-322-0L-3 In the Matter of
)
(Emergency Planning)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-5
)
(EP Exercise)
(Shoreham Nuclear Power Station, Unit 1)
)
)
FEMA RESPONSE TO SENATOR MOYNIHAN FEMA Counsel hereby serves on all service list addresses to the OL-3 and OL-5 proceedings a copy of its response dated February 24. 1987, to the letter of January 21, 1987 from the Honorable Daniel Patrick Moynthan, United States Senate.
Respectfully submitted, f
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William R. Cumming Counsel for FEMA Dated this 25th day of February washington, D.C.
B703040042 870225 PDR ADOCK 05000322 g
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t Federal Emergency Management Agency Washington, D.C. 20472
@ 7. A The Honorable Daniel Patrick Moynihan United States Senate Washington, D.C.
20510
Dear Senator Moynihan:
The Director has asked me to reply to your letter of January 21, 1987, concerning the most recent review by the Regional Assistance Committee (RAC) of Revisions 7 and 8 of the Long Island Lighting Company's (LILCO) offsite emergency plan for the Shoreham nuclear power plant.
You have asked three questions concerning instructions given to the Acting Regional Director on October 6,1986, by Dave McLoughlin, FEMA's Deputy Associate Director, State and beal Programs and Support, that in conducting the review the RAC may have to assume, pending final resolution in the courts, that authority necessary to manage and implement the offsite plan exists.
First, I enclose a copy of the latest report of the full RAC review entitled "LILCO Transition Plan for Shoreham-Revision 8, Consolidated RAC Review,"
dated December 15, 1986.
This was transmitted to the Nuclear Regulatory Commission (NRC) by letter of December 30,1986 (copy enclosed). The first page of the doctaient states that each element of the plan for which there is an impact because of concerns pertaining to legal authority is identified with an asterisk.
Second, no written legal opinion of counsel was issued in connection with Mr. Mckughlin's statement in his October 6 memorandum on legal authority.
Counsel concurred in the memorandum as it clearly stated that review of the plan would proceed pending final resolution of the matter in the courts.
Further, the review, as in the case of all previous plan reviews, included the identification of those elements where the legal issue had impact.
(See for example the enclosed attachment 2 to the RAC review of LILCO Revisions 3, 4, and 5.)
Third, I enclose copies of other documents referred to in Mr. McLoughlin's memorandum of October 6,1986, including a copy of my opinion of February 26, 1985, on the authority issue.
In this regard, I understand that the Appellate Division of the State Supreme Court affirmed the decision of the lower court on February 9, 1987.
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- p If we can be of further assistance please have a member of your staff contact our Office of Congressional Affairs at 646-4500 Sincerely, f
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Spt4 Ice W. Perry b General Counsel Enclosures l.
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- FROM THE OFFlQ OF
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i Se.nator Daniel Patrick Mo.ynihan New York
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FOR IMMEDIATE RELEASE
Contact:
Paul Browne Wednesday, January 21, 1987 Molly Phee 202/224-4451
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d Sen. Moynihan Demands Explanation from FEMA
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Sen. Daniel Patrick Moynihan (D.-N.Y.)
today sent a letter 1"
to General Julius Becton, head of the Federal Emergency Management Agency (FEMA),
a authority to implement regarding FEMA's assumption of legal 1
l,j nuclear power plant.
the emergency plan for the Shoreham Attached is a copy of the letter.
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'I AN15L P. MCYNIHAN mw vam 'RICnifeb Sfales Senale WASHINGTON. D.C. 20510 January 21, 1987 i i
Dear General Becton:
On October 6, 1986, FEMA's Deputy Associate Director of. l State and Local Programs, David McLoughlin, transmitted a memorandum to the Acting Director of FEMA Region II concerning the most recent Regionh1 Assistance Committee (RAC) review of Revisions 7 and 8 of the Long Island Lighting Company's (LILCO) offsite emergency plan for Shoreham. The memorandum included'the following statement: In performing this review, the RAC may have to assume, pending final resolution of the issue in the courts, that the authority necessary to manage and l implement the offsite plan exists. t You are aware, I am sure, of the fact that LILCO does ( ant have the authority necessary to manage and implement the l offsite plan. Such was the ruling of the New York State Supreme Court on February 20, 1985. The Court's ruling has not been stayed or modified in any way. I therefore find it perplexing that Mr. McLoughlin would assert a FEMA legal and j policy position that contradicts this legal precedent. l During all prior RAC reviews of LILCO's emergency plan, t FEMA did not~ assume that LILCO possessed legal authority to manage and implement its plan. Instead, it acknowledged that such legal authority was a matter to be decided by New York's courts. FEMA's apparent decision to conduct its latest RAC review on the assumption that LILCO has such legal authority contradicts the Supreme-Court's February 20, 1985 ruling on its face. Moreover, in a legal memorandum to FEMA's Associate Director dated February 26, 1985, Spence W. Perry, Esq., now FEMA's General Counsel, opined that the Supreme Court's ruling of February 20, 1985, appeared sound and unlikely to j be reversed on appeal. Mr. Perry stated, "I do not rate the chances for reversal on appeal as very high." This does not square with Mr. McLoughlin's October 6 statement. + e i
?' p. 72' g'. 2 y In light of these concerns, I ask that you. provide the following to me in prompt fashion: (1)-A particulsrization, with specific page and paragraph references to the most recent RAC report, of each instance where PEMA assumed LILCO to possess legal authority to manage and implement its emergency plan; (2) A copy of the opinion of counsel upon which Mr. McLoughlin based his October 6 statement that RAC personnel may assume that LILCO possesses legal authority to manage and implement its emergency plan; (3) A11'other memoranda, documents, and materials related to matters addressed in Mr. McLoughlin's October 6 memorandum. Sincerely, 'V;)Lc, Daniel Patri Moynihan Honorable Julius Becton Federal Emergency Management Agency 500 C Street, S.W. Washington, DC 20472
g. l 20LKEILI !aK UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,87 FEB 26 P3 251 BEFORE THE ATOMIC SAFETY AND LICENSING BOARDbFit ~r ,,.n . g. DCCnU C > B? ' J In the Matter of ) ) Docket No. 50-322-OL-3 LONG ISLAND ~ LIGHTING COMPANY ) Docket No. 50-322-OL-5 ) (EP Exercise) (Shoreham Nuclear Power Station, ) Unit 1) ) i CERTIFICATE OF SERVICE I hereby certify that copies of " FEMA RESPONSE TO SENATOR MOYNIHAN" in the above-captioned proceedings have been served on the following by deposit in the United States mail, first class, this 25th day of February, 1987: John H. Frye, III, Fabian G. Palomino, Esq. Administrative Judge Special Counsel to the Governor Atomic Safety and Licensing Board Executive Chamber U.S. Nuclear Regulatory Cannission State Capitol Washington, D.C. 20555 Albany, NY 12224 Oscar H. Paris H. 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 Hashington, D.C. 20555 Richmond, VA 23212 Frederick J. Shon Jonathan D. Feinberg, Esq. Administrative Judge New York State Department of Atomic Safety and Licensing Board Public Service U.S. Nuclear Regulatory Commission Three Empire State Plaza Washington, D.C. 20555 Albany, NY 12223 i 1 . ~
, Morton B. Margulies Jerry R. Kline Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission e East-West Towers, Rm. 430 East-West Towers, Rm. 430 4350 East-West Hwy. 4350 East-West Hwy I Bethe:da, Maryland 20814 Bethesda, MD 20814 Stephen B. Latham, Esq. John F. Shea, III, Esq. Herbert H.. Brown, Esq. Twoa.ey, 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 Atomic Safety and Licensing Board Panel Joel Blun, Esq. U.S. Nuclear 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 Bienstock, 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 I 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 George E. Johnson, Esq. 475 E. Main Street U.S Nuclear Regulatory Agency Patchogue, NY 11772 7735 Old Georgetown Road Bethesda, MD 20814 /ua L ie.Cu -, WilIlam R. Cumming / Federal Emergency Management Agency}}