ML20212F336

Forwards Nj Palladino & Three D Schweller 840213 Affidavits in Response to 861204 Request for Info on Connections of L Nofziger or Present or Past DOE Employees W/Shoreham

ML20212F336
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	12/12/1986
From:	Zech L NRC COMMISSION (OCM)
To:	Monihan D SENATE
Shared Package
ML20212F340	List: ML20212F336 ML20212F385
References
NUDOCS 8701090664
Download: ML20212F336 (1)

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UNITED STATES NUCLEAR REGULATORY COMMISSION hk wAswiscion. o. c. 20sss k / December 12, 1986 CHAIRMAN The Honorable Daniel Patrick Moynihan United States Senate Washington, D. C. 20510

Dear Senator Moynihan:

In a December 4, 1986 letter, you requested all records of contacts, since 1980, with NRC adjudicatory employees by "Mr. [ Lyn] Nofziger or his associates...by present or former White House staff or employees of the Executive Office of the President, including Mr. Edward Rollins, or present or former members of the Department of Energy," concerning the Shoreham nuclear plant. Reviews of Shoreham docket files, files of the current Commissioners, of the current Appeal Panel, of the current Licensing Board Panel, and of the Office of General Counsel produced four documents which appear to be within tha scope of your request, copies of which are enclosed. They are:

A letter dated July 13, 1984 from Nunzio J.

Palladino to Honorable Edward Markey, placed in the public record on July 16, 1984 Enclosures 1 & 2 of the letter are also included. (Enclosures 3-9 are voluminous and not within the scope of your request.)

Three affidavits of D. Schweller, 00E, filed with the Shoreham Licensing Roard and served on the parties on or about Februacy 13, 1984. (Voluminous attachment does not appear to be within the scope of your request and is not provided.)

Sincerely, M w.2uA .

LandoW.Ze[1, Jr

Enclosures:

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July 13,1984 pUSUO Cocuyr97 peg 3 The Honorable Edward J. Markey, Chairman b JL 26 MO:05 Subcomittee on Oversight and Investigations Tit? Frogr~- ~

Comittee on Interior and Insular Affairs "

United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

In further response to your letters of March 28 April 12. April 24, May 4, and May 10, 1984 regarding the Shoreham proceeding, we want to take this opportunity to address previously unanswered matters raised in that correspondence.

In your letter of March 28, 1984, you expressed your inability to understand the Comission's decision of June 30, 1983 with regard to i emergency planning and low-power operation of Shoreham, and you requested clarification. That order, CLI-83-17, 17 NRC 1032, simply said that 10 C.F.R. 50.47(d), which authorizes grant of a low-power license notwithstanding the absence of an approved emergency plan, is premised on the low risks associated with low-power operation. For a ,

full-power license to be granted, the emergency planning requirements for full power must be met. The Comission's order said that in this respect, emergency planning is no different from any safety issue which requires resolution prior to full-power operation but not prior to low-power operation. The order made clear that a finding that a par-ticular issue need not be resolved prior to low-power operation, and the grant of a low-power license, in no way assure that the applicant will receive a full-power license.

Comissioner Asselstine adds:

l I disagreed with the Comission's June 30, 1983 order regarding emergency planning and low-power operation at Shoreham. At the time, I expressed the view that the legal and policy issues involved were not nearly as simple or clear cut as the majority had l indicated, and that the Comission should have obtained the . views of.the parties before reaching a decision on this matter. Apart from this defect in the majority's approach to decision-making, I believe that it would be unwise to allow low-power operation at Shoreham prior to the issuance of an initial decision by the 1 licensing board on the emergency planning and preparedness  !

contentions,

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The emergency planning contentions in the Shoreham case differ from most contentions in nuclear plant operating license proceedings, Most such contentions, if decided in favor of the intervenor, are t

l correctable through additional inspections, license conditions or hardware or procedural changes to the plant. However, the l' , , ,

O The Honorable Edward J. Markey 2 emergency planning contentions in Shoreham, if decided in favor of the intervenors, would likely prevent full-power operation of the plant. In such circumstances, it makes little sense to allow low-power operation of the plant--operation that would contaminate the facility and complicate subsequent maintenance--until the emergency planning contentions are resolved.

In your April 12 letter, you strongly criticized the Licensing Board's ruling of April 6, stating that "the board did not (a) specifically resolve or even respond to the arguments of intervenors that an  ;

expedited schedule would prejudice their right to a full and fair ~

hearing; and (b) state why it apparently believes an expedited hearing is necessary." You added, "I respectfully request that the Commission formally ask the board to respond to these two issues." Since that time, the Comission's action vacating the Board's schedule has mooted -

the two issues. Moreover, we do not believe that such a request should be made lest the Subcomittee be perceived as intending to affect the ,

outcome of the adjudicatory process.

In your April 24, 1984 letter, you asked for a more complete explanation "that resolves all known facts" concerning the events preceding the Licensing Board's order in an expedited hear.ing. This explanation was furnished both orally and in my prepared written testimony delivered at the May 19, 1984 hearing before the Subcomittee on Energy and the Environment.

In your May 4,1984 letter you requested a record of all my comunica-tions with Executive Branch and federal agencies that relate to emer-gency planning or the Shoreham proceeding. On April 12, 1984, I met with Secretary Hodel of the Department of Energy and discussed a number

of topics, including emergency planning. On April 20, 1984, I attended a luncheon with Louis Guiffrida, Director of the Federal Emergency Management Agency. The discussions addressed the question of how to improve the NRC/ FEMA working relationship and a discussion of how to improve public understanding of FEMA's emergency, preparedness evaluation a.ctivities. No pending licensing cases or issues were discussed. .

FinCly, on April 26, 1984, I received a call from Secretary Hodel I concerning the U.S. District Court's decision in the Shoreham case.

Documents relating to these contacts are enclosed (Enclosure 1). j l

Some members of my staff have also had communications with DOE and FEMA relating to emergency planning or Shoreham. A sumary of recollections )

of such comunications is presented in Enclosure 2. In the interest of thoroughness and to supplement our responses to your letters of April 12 and May 4,1984, my fellow Comissioners have further examined their

records. I also requested that relevant Comission and staff offices do the same. As a result, the Chairman of the Atomic Safety and Licensing Board Panel provided the documents in Enclosure 3, and the NRC staff developed the list and furnished documents in Enclosure 4. Comissioner Asselstine provided a memorandum dated May 14,1984 (Enclosure 5); no ,

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The Honorable Edward J. Markey 3 l

l other Comissioners responded. Based on discussions with your staff, this NRC staff list includes all comunications regarding the Shoreham facility and other comunications of a general nature concerning emer- ,

gency planning but does not include routine comunications regarding '

other specific facilities (ea, routine correspondence to and from FEMA ,

regarding FEMA findings, transmittals to FEMA of proposed and admitted l contentions, transcripts of hearings, requests for responses to inter-  !

rogatories (and corresponding FEMA responses) and similar comunica- l tions). These documents include notes of oral comunications where they exist or could be recreated. Nevertheless, as you must be aware, infonnal comunications with such agencies routinely occur in the ordinary discharge of this agency's functions and often, in the absence of notes of a particular discussion, the nature of such comunications simply cannot be reconstructed.

In your May 10, 1984 letter you state that you believe that I must explain fully why I should not recuse myself from any future decision-making role in this proceeding. On June 6, 1984, I received a formal 3 request for recusal filed by Suffolk County and the State of New York.

A copy is enclosed for your information (Enclosure 6). In addition, on June 18, 1984 I received coments (see Enclosure 7) from LILCO on the fonnal recusal request from Suffolk County and-the State of New York.

On June 21,1984 (per Enclosure 8) I asked for coments from the NRC staff, the third party to this proceeding before I respond to the recusal request; in that document I indicated that until I respond to this request I do not plan to participate in any further Shoreham proceedings. [ Staff coments provided July 5,1984; see Enclosure 9]

Therefore, it would be inappropriate for me to coment on this matter while it is pending before me. My decision on this subject will be a matter of record in the proceeding and will be made available to you.

Sincerely, M . s=/

j Nunzio J a ladino

Enclosures:

1. Documents re DOE & FEMA I contacts

2. Sumary of Recollections of Comunications i

3. ASLBP documents t

4. NRC staff list & documents l S. Memo, 5/14/84, Comissioner Asselstine to Comission

6. Ltr, 6/6/84, Suffolk County

& NY to Palladino

7. LILCO's Response, 6/18/84 1

The Honorable Edward J. Markey 4

8. Memorandum to Parties, 6/21/84

9. NRC Staff Response to Suffolk County

& State of NY Request for Recusal of Chairman Palladino cc: The Honorable Ron Marlenee S

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April 17, 1984 cwnuu ,

MEMORANDUM FOR: Commissioner Gilinsky Commissioner Roberts Commissioner Asselstine .

Commissioner Bernthal -

FROM: Hunzio J. Palladino -L SUBJ ECT:

MEETING k'ITH SECRETARY HODEL -

Last ihursday April 12, 1984, I met with Secretary Hodel. The principal purpose was to follow up on my earlier testimony to our oversight committees regarding initiatives to clean up Three

. . Mile Island Unit 2. -

The Secretary indicated that there was a relue'tance on the part of Congress for a government " bail-out." I pointed out that I' do not view as a " bail-out" a government initiative to get the cleanup done first, and worry later about how the money is reimbursed to the government. It likely would be from GPU, but it may also be that: the entire U.S. nuc1'ett induitry..contribugs.

The Secretary said he.,would have his people look into the matter ,

f rom this perspective.

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I tiso met on Monday, April 16, 1984, with Concerned Mothe'rs of Middletown. They also expressed concern about the slow pace of cl ea nup.

To follow up on both of these, meetings, I am asking Bernie Snyder to put .together a summary of cost data and available i' w3th special emphasis on the impact of funding for cleanup,ings Pennsylvania PUC rul on the availability of GPU funds. By '

. . copy, I would like the EDO to forward thi,s" data to the Com:ission with.in about two weeks.-

Another topic that would be of general interest to the Com:ission l was my discussion with Secretary Hodel concerning the general malaise of the nuclear industry, and the confidence of investors in nuclear power. The point here was that even those plants not in trouble could be affected by loss of confidence.' Two issues in particular were raised by the Secretary: (a) corrstruction quality assurance; and (b) emergency planning.

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On construction quality assurance, the Secretary expressed interest i n our CAT program of visits to various sites.. By copy I would like the EDO to. provide a listing of both past CAT visits as well as those planned for the future. On emergency planning, the Secretary indicated that DOE was working with FEMA about specific ways the government may be able to provide police powers when state or local governments do not participate in emergency planning. The Executive Branch may have more to say on this general subject later.

cc: EDO OGC '

Secretary Model ..

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TOPICS FOR CHEIRMAN'S MEETil!G UlTP GE':E:Al GIUFFRIDA l

l 1, CONTINUITY OF GOVERNMENT (CATEGORY A, 3, OR C FOR NRC)

-- SPECIFIC FEMA REACTION TO OHAIRP.AN'S LETTER OF JANUARY 23, 1984

-- DISCUSSION OF OTHER AGENCY RESPONSES TO DATE II, NRC - FEMA INTERACTION ON OFFSITE EMERGENCY PLANNING -

-- RDW ARE OUR lNTERACTIONS W0RKING?

-- WHAT ARE,THE GOOD PolNTS?

,_,WHAT PROBLEMS HAVE ARISEN? (E.G. WITH RESPECT TO HANDLING OF DEFICIENCIES, RESOURCES TO SUPPORT NRC SCHEDULES) e e

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April 27.1984 MEMbRAliDUM FOR: Commissiener Gilinsky Commissioner Roberts Commissioner Asselstine Commissioner Bernthal FROM: Hunzio J. Palladino ,

SUSJECT: .

TELEPHONE CALL FROM SE'CRETARY HODEL .

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I received a telephone call from Secretary Hodel on April 26, .

1984 in which he said his. General Counsel was going to call

- my General Counsel to offer to help in responding to Judge Johnson's decision on Shoreham. I said I did not see how he .

could help but that I'.d leave that to our General Counsel to ,- '

, respond if S'ecretary Hodel's General Counsel calls him.

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SUMMARY

OF RECOLLECTIONS OF COMMUNICATIONS OF CHAIR 11AN'S STAFF WITH DOE AND FEMA RELATING TO EMERGENCY PLANNING OR SHOREHAM Executive Assistant .

o Early 1984 (estimated); one or two conversations with an individual in DOE about news article suggesting DOE was considering approaches for federal assistance in emergency prepa, redness in conjunction with FEMA; DOE's commitment seemed less than the article indicated.

o April /May, 1984; communications involving:

-- call from DOE requesting information about a Commission meeting on Shoreham (DOE -

requestor was referred to General Counsel's Office) f

-- a returned call to DOE individual who said he had learned what he wanted about Shoreham and no longer needed to talk

-- cail from DOE on a matter not related to emergency planning or Shoreham, but during

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which caller was referred to a Washington Post article on Shoreham; DOE individual then mentioned but did not discuss a recent letter from Secretary Hodel to Governor Cuomo

-- ca.11 informing Secretary Hodel's office that Congressman Markey's staff had indicated l that he would release to the public

! Chairman Palladino's April. 27,1984 memorendum concerning the Secretary's April 26, 1984 call (copy of memorandum'sent to DOE at that time)

Technical Assistant o February, 1984; contact with DOE representatives at the Full Field Exercise at St. Lucie about DOE emergency response facilities demonstrated during j the exercise.

l o May, 1984; contacted by DOE about Commission's position on Transamerica Delaval, Inc. diesel generators (most of discussion related to specific problems at Grand Gulf; DOE individual sought verification that Shoreham diesel generator failure first highlighted problems) l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION E : fore the Atomic Safety and Licensing Board In 'the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3 (Shoreham Nuclear Power Station, )

) (Emergency Planning Unit 1) Froceeding)

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AFFIDAVIT OF DAVID SCRWELLER '

IN SUPPORT OF LILCO's MOTION FOR SUIstARY DISPOSITION OF PRASE II EMERGENCY PLAmlING C00ffENTION 44 (CONTINUED AVAILABILITY OF M-m** Bear *TdTES)

David Schweller, duly sworn, deposes and says as fol-lows:

l My name is David Schws11er. I am Manager of the Depart-l i

ment of Energy Brookhaven Area Office.

1.

Attachment 1 to this affidavit, entitled "The U.S.

Dot Radiological Assistance Program: Personnel, Equipment and Resources," by Andrew P. mall, Alan V. Keuhner, and Leigh F.

Phillips, is a description of the Radiological Assistance Pro-gram (RAF) of the U.S. Department of Energy.

2. The Brookhaven Area Office, drawing upon the re-j sources of Brookhaven National Laboratory for persor.nel, is prepared to provide a sustained response to a radiological 1

emergency over a period of several days, or even longer if F

4 circumstances required. Also, as Attachment I at page 20 1 1

states,

" resources from other DOE contractor facilities such as 3 personnel, equipment, materials and services are available for emergency operations . . . ."

3.

The DOE-RAF team have shown their capability for an e". tended response during the Three Mile Island emergency, where their presence was needed for several days.

b David sphweAler f I S

h scribed and sworn to before me this M day of 1983.

My commission expires: 3/Je[3r 4totar$FubI1c_

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UNITED STATES W AMERICA NUCLEAR REGULATORY COMMIS$10N Before the Atomic Safety and Lfeensing Board In the Matter of 1

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Docket No. 50-322-0L-3 (Shoreham (Emergenc'y Planning Unit 1) Nuclear Power Station. J Proceeding)

AFFIDAVIT OF DAVID SC W ELLER -

IN $UPPORT OF LILCO'S MOTION FOR

' SuletARY O!5P051T!0N OF PHASE II EMERGENCY i

CONTENTION 49 (DOSE ASSESSENT ETH005) 1 David Schwe11er. duty sworn, deposes and says as follow My name is David Schwe11er. I as Manager of the Depart.

neat of Energy Brookhaven Area Office.

1.

00E, at its Brookhaven National Laboratory has dedicat Emergency Equipment Kits and ' state of the art" equipment fo t

detection and measurssents of radiation releases.

2.

Brookhaven National Laboratory and DOE have personnel with expertise in dose calculation do could be called upon in the an incident at Shoreham.

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The close proximity of shoreham to the SNL facility is expected to minimize comunications problems with respect to transats of relevant data necessary to calculate dose assessments.

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4 00E, through its RAP team was able to perform dose '

assessment activit'tes at Three Mile Island with current dose models, and sistlar resources are available for asststance in the event ,

of a radtological emergency at Shoreham, l

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