ML20212F049

Views on Effects of Nassau County Board of Supervisors Resolutions Re Nassau Coliseum.Util Challenge to ASLB Conclusion Re Decontamination of Individuals Seeking Shelter Should Be Reviewed.W/Certificate of Svc

ML20212F049
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/11/1986
From:	Bordenick B NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#386-297 OL-3, NUDOCS 8608130216
Download: ML20212F049 (7)

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• - August 11, 1986

• 00LKETED J' SNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION W ME 12 P3 :38 ATOMIC SAFETY AND LICENSING APPEAL BOARD OFFICE OF SEnt iARY 00CHETING & SEPvict' BRANCH In the Matter of )

)

LONG ISLAND LIGIITING COfIPANY ) Docket No. 50-322-OL-3

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

NRC STAFF VIEUS ON TIIE EFFECTS OF NASSAU COUNTY BOARD OF SUPERVISORS RESOLUTIONS RELATING TO NASSAU COLISEUM INTECDUCTION Pursuant to the Appeal Board's Order of July 28, 1986, the Staff sets forth its views regarding the effect of the Nassau County Board of Supervisors, resolutions voiding the designation of the Nassau rounty Col-

iseum as LILCC's relocation center and prohibiting LILCO's use of County l facilities in Nassau County without prior approval by the Board of Super-visors on LILCO's cppeal of the Licensing Board's decision on the reloca-tion center issues. O As noted in the Appeal Board's July 28, 1986, Order, LILCO ap-pealed portions of two Licensing Board partial initial decisions in the emergency planning phase of this proceeding. The Appeal Board earlier

-1/ Resolution Relative to the Use of the Nassau Veterans Memorial Coli-soum in a Long Island Lighting Company's Evacuation Plan and Reso-lution Amending A Resolution Entitled "A Resolution Relative to the Use of the Nassau Veterans Memorial Coliseum in a Long Island Lighting Company's Evacuation Plan" (June 16, 1986), attached to Suffolk County, State of New York, and Town of Southampton Motion for Leave to File Supplemental Answer to LILCO's Petition for Review of ALAB-832 (June 22,1986).

8608130216 860G11 DESIGNATED ORIGINAL PDR ADOCK 05000322 G N Cortifiei My /[ 10 7 A -

. announced its intention to hold in abeyance the three remaining issues raised by LILCO pending further directions from the Commission. U In CLI-86-13, 23 'NRC (July 24, 1986), the Commission directed the Ap-real Eoard to reconsider its deferral of the remaining portions of LILCO's appeal. One of the issues pending before the Appeal Board is the Li-censing Board's conclusion that LILCO must estimate and plan for the number of evacuces who are likely to come to the Nassau Coliseum for radiological monitoring and possible decontamination, but not sheltering, b DISCUSSION Subsequent to issuance of CLI-86-13 by the Commission on

. July 24, 1986, and entry of the Appeal Board's Order of July 28, 1986, LILCO in a pleading of August 4,1986 advised the Commission that it is designating new relocation centers, b These alternatives will ensure that the Massau Coliseum need not be relied upon. Id. Thus, as a general matter, issues relating to the LILCO's use of Nassau Coliseum are essen-tially moot. However, even though the Coliseum is no longer the LILCO designated relocation center, the Staff believes that the Appeal Board, in l

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See ALAB-832, 23 NRC 135,141-42,162-63 (1986).

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The other two issues which the Appeal Boerd held in abeyance were the lack of a Shoreham specific New York State plan and conflict of interest. The Nassau County legislation does not directly affect these two issues.

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See LILCO's Response to Intervenors' Supplemental Answer to MCO's Petition for Review of ALAB-832 and Their Motion for Leave i To File the Same, dated August 4,1986, at 3.

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keeping with the Commission's direction in CLI-86-13, should decide LILCO's appeal of the Licensing Board's determination that LILCO must estimate and plan for the number of evacuees who are likely to come to the Nassau Coliseum for radiological monitoring and possible decontamina-tion, but not sheltering. The Licensing Board's determination that a re-location center should have the capacity to monitor those who might wish to be monitored, but not he sheltered is not site specific to the Nassau Coliseum. Whe.t is before the Appeal Board is essentially a general ques-tion related to the planning requirements for relocation centers. In the event the Licensing Board's conclusion is not reversed by the Appeal Board, LILCO will be required to amend its plan to provide that reloca-tion centers have the capacity to monitor and decontaminate those who

.,- seek such services in addition to those who seek shelter. The issue of what services need be provided in a relocation center can and should be decided now. In summary, the issue presently before the Appeal Board is susceptible of decision in the absence of an approved relocation center.

If, as urged by LILCO and the Staff, the Licensing Board's conclusion is erroneous as to the capacity needed for relocation centers, LILCO and the other parties should not be put to the burden of further proceedings on the issue.

CONCLUSION For the reasons set out above, the Staff believes that LILCO's chal-lenge to the Licensing Board's conclusion regarding the need to provide for monitoring and possible decontamination of those who do not seek shelter, should be reviewed at this time. See CLI-86-13. The use of the 14assau Coliseum is irrelevant to a decision on the merits of LILCO's ap-peal of this aspect of the Licensing Board decision which is not based on site specific considerations.

Despectfully submitted, M /

Dernard M. Bordenick Counsel for NEC Staff Dated at Bethesda, Maryland this lith day of August,1986.

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• DOCMETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION W ale 12 P3 38 EEFORE TIIE ATOMIC SAFETY AND LICENSING APPEAL B hTfNG BRANCH E$t!

In the P.latter of )

)

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF VIEWS ON TIIE EFFECTS OF NASSAU COUNTY BOARD OF SUPERVISORS RESOLUTIONS RELATING TO NASSAU COLISEUM" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commissicn's internal mail system, or as indicated by a double T asterisk by telecopier (in addition to regular mailing) this lith day of August,1986:

Morton D. Margulies, Chairman

• Fabian G. Palomino, Esq.**

Administrative Judge Special Counsel to the Governor Atomic Safety and Licensing Board Executive Chamber U.S. Nuclear Regulatory Commission State Capitol Washington, D.C. 20555 Albany, NY 12224 Dr. Jerry R. Kline* 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 fir. 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 Stephen B. Latham, Esq.

John F. Shea, III, Esq. Herbert II. Brown, Esq."

Twomey, Latham & Shea Lawrence Coe Lanpher, Esq.

Attorneys at Law Karla J. Letsche, Esq.

P.O. Box 308 Kirkpatrick & Lockhart 33 West Second Street 1900 f.! Street, N.W.

I Riverhead, NY 11001 8th Floor Washington, D.C. 20036

t Atomic Safety and Licensing Dr. Monroe Schneider Board Panel

• North Shore Committee U.S. Nuclear Regulatory Commission P.O. Box 231 Vashington, DC 20555 Wading River, NY 11792 Atomic Safety and Licensing Stewart M. Glass, Esq.

Appeal Board Panel

• Regional Counsel U.S. Nuclear Regulatory Commission Federal Emergency Management Washington, D.C. 20555 Agency 26 Federal Plaza Docketing and Service Station

• Room 1349 Office of the Secretary New York, NY 10278 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Spence Perry, Esq. Robert Abrams, Esq.

Associate General Counsel Attorney General of the State Federal Em.n;ency f fanagement Agency of New York Room 640 Attn: Peter Bienstock, Esq.

500 C Street, S.W. Department of Law Washington, D.C. 20472 State of New York Two World Trade Center Gerald C. Crotty, Esq. Room 46-14 Ben Wiles, Esq. New York, NY 10047

.' Counsel to the Governor Executive Chamber fJHB Technical Associates State t mitol 1723 Hamilton Avenue Albany, t.;* 12224 Suite K San Jose, CA 95125 Edward f.T. Darrett, Esq.

General Counsel Martin Bradley, Ashare, Esq.

Long Island Lighting Company Suffolk County Attorney 250 Old County Road H. Lee Dennison Building f!!neola, UY 11501 Veteran's Memorial Highway Hauppauge, NY 11788 l lion. Peter Cohalan Suffolk County Executive Ms. Nora Bredes County Executive / Legislative Bldg. Shoreham Opponents Coalition Veteran's Memorial Highway 195 East Main Street Hauppauge, NY 11788 Smithtown, NY 11787

?!r. Jay Dunkleberger Chris Nolin New York State Energy Office New York State Assembly Agency Building 2 Energy Committec l

Empire State Plaza 626 Legislative Office Building j Albany, New York 12223 Albany, NY 12248 Brookhaven Town Attorney 475 E. Main Street Patchogue, NY 11772

. Mr. Robert Hoffman Pls. Susan Rosenfeld M. Sharlene Sherwin P.O. Box 1355 f.lassapequa, NY 11758 M

Bernard M. Bordenick Counsel for NRC Staff 4

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