ML20213G172

Affidavit of Mm Cuomo,Governor of State of Ny.* Forwards Mm Cumo 860630 Statement Correcting Misstatements & Mischaracterizations by Util Re Implementation of Radiological Emergency Response Plan

ML20213G172
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	05/06/1987
From:	Cuomo M NEW YORK, STATE OF
To:
Shared Package
ML20213G123	List: ML20213G120 ML20213G172 ML20213G200 ML20213G219
References
OL-3, NUDOCS 8705180159
Download: ML20213G172 (6)

Text

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. Attachment 1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION L

Before the Atomic Safety and Licensina Board In the Matter of )

)

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

) (Em'ergency Planning)

(Shoreham Nuclear Power )

Station, Unit 1 )

________________________________)

AFFIDAVIT OF MARIO M. CUOMO, GOVERNOR OF THE STATE OF NEW YORK Mario M. Cuomo, being under oath, deposes and says as follows:

1. I am the Governor of the State of New York. Under New York law, I, as Governor, would be responsible for directing the State's response to any radiological emergency within the State of New York.

2. On June 30, 1986, I issued a Statement, the purpose of which was to correct misstatements and mischaracterizations by LILCO concerning the implementation of LILCO's radiological emergency response plan for the Shoreham plant, LILCO's so-called

" realism" argument, and the State's response to a Shoreham emergency were the plant to be licensed to operate. A copy of my June 30, 1986 Statement is attached hereto as Exhibit "A."

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3. I hereby affirm that my June 30, 1986 Statement is truthful and.tecurate, and that it continues to reflect my position as Governor, and the posit' n of the State of New York, on the subjects discussed therein.

! y-] ))]l> /

Mario M. Cuomo Governor of the State of New York Subscribed to and sworn before me this 6A day of May, 1987.

Notary Public in $$$.1t/.1T State of New York Qualified in Kings County My commission expires: /2/4/#(

Aseseff

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Exhibit A j

Statement hy Governor Mario M2 Cuomo I have reviewed the statement issued on June 23, 1986, by Suffolk County Executive Peter F. Cohalan concerning misstatements by LILCO of his position on the licensing of the Shoreham Nuclear Power Station. I support the County Executive's statement. I am issuing this statement for the similar purpose of correcting misstatements and mischaracterizations of my position that LILCO is continuing to make. m

1. There is no basis for LILCO to suggest that the State would respond to a Shoreham emergency in accordance with LILCO's emergency plan or in concert with LILCO. The State would do neither. Suffolk County has resolved not to implement LILCO's emergency plan or to respond in concert with LILCO; the State would not in an emergency act inconsistently or in conflict with the County. Where a local government of the State judges that it would not rely in an emergency upon a particular entity, such as LILCO -- and provides reasonable bases such as those contained in the Suffolk County Executive's statement -- the State could not respcnsibly second guess the local government's judgment.

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2. Even setting aside Suffolk County's determinstion, New York State could not responsibly act in concert with LILCO during a radiological emergency. Indeed, the established position of the State is that LILCO's emergency plan is unworkable. The State, therefore, could not in an emergency choose to rely upon the very plan that it has found to lack merit.

Moreover, throughout the Shoreham project, LILCO has demonstrated poor judgment with respect to matters involving the plant. The decision to press ahead with licensing Shoreham in the face of the determinations of Suffol'k County and New York State that they would not adopt or implement emergency plans is itself an example. Similarly, the finding of the State Public Service Commission that LILCO's management of the Shoreham project was " imprudent" in the amount of at least $1.3 billion is more evidence of the LILCO's poor judgment. Also, LILCO's emergency response to Hurricane Gloria last autumn shows that in the one recent test LILCO faced in a real emergency, the Company's actions were inadequate. In short, there is no basis for the State, or indeed the public, to have confidence in LILCO's judgment or capabilities in an emerg'ency. Given this, the State could not and would not rely upon LILCO, its emergency plan, or its advice in the event of a radiological emergency at Shoreham.

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3. LILCO has repeatedly suggested that during an emergency l l

I would suspend New York laws to permit LILCO to implement its l emergency plan. I could not lawfully delegate to LILCO police power to implement its emergency plan. But, even if I could, I cannot conceive of taking the extraordinary measure of suspending the laws of this State in order to. permit LILCO, a company in which the State does not have confidence, to implement a plan which the State believes to have no merit. Whatever I would do at the moment of an emergency would be for the public good.

LILCO's plan does not serve the public good, and I would not facilitate the implementation of it.

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4. LILCO is seeking a license to operate Shoreh a on the basis of a fiction, which LILCO ouphemistically calls " realism."

It has created this fiction in part by misrepresenting a j statement I issued on December 20, 1983. Significantly, however, the purpose and thrust of that statement was to explain why New York State onposes the licensing of Shoreham. Included in the four pages of my December 20, 1983, statement is the following paragraph:

Of course, if the plant were to be operated and a misadventure were t'o occur, both the State and the County would help to the extent possible; no one suggests otherwise. However, government's obligation to respond to a catastrophe should not be used as an excuse,for inviting the peril.

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4-This paragraph is being misused by LILCO to create false impressions in support of the licensing of Shorehkm. This is contrary to my opposition to the licensing of Shoreham and a mischaracterization of my intent on December 20, 1983, and now.

Because LILCO is misusing these words for an end to which I strongly object, I hereby take the extraordinary measure of withdrawing these words so that they not be cited, quoted, or otherwise relied upon.

I have directed my special counsel to transmit copies of

+t.is statement to LILCO, the Nuclear Regulatory Commission, and the rederal Emergency Management Agency.'

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