ML20214G687

Responds to Board 861104 Memorandum & Order Re Monitoring of Evacuees.Certificate of Svc Encl

ML20214G687
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	11/21/1986
From:	Lanpher L, Latham S, Palomino F ALBANY, NY, KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTH HAMPTON, NH, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY, TWOMEY, LATHAM & SHEA
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#486-1657 OL-3, NUDOCS 8611260173
Download: ML20214G687 (8)

Text

_ _ _ _ _ _ _ _

< 1&M 00LKETED November 21, ll'98'6 UNITED STATES OF AMERICA '86 NOV 25 A11 :07 NUCLEAR REGULATORY COMMISSION '

OFFIC=

Before the Atomic Safety and Licensina Acceal Scarda,, aw ER A t@

e.

)

In the Matter of ) *

)

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

=

SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON RESPONSE TO APPEAL BOARD MEMORANDUM AND ORDER OF NOVEMBER 4, 1986, CONCERNING MONITORING OF EVACUEES

• In a Memorandum and Order dated November 4, 1986 ("ALAB Order"), the Appeal Board invited the parties to address two matters related to the Appeal Board's earlier decision in ALAB-847:1

1. Provide comments on the Licensing Board's October 29, 1986, " Clarifying Decision on Remand (Monitoring of Evacuees)"

(" Clarifying Decision"); and

2. Address the " regulatory requirements question" (ALAB Order at 4) namely, whether the Licensing Board was correct in construing the NRC's regulations to require LILCO to plan to 1 24 NRC (September 19, 1986).

8611260173 861121 PDR ADOCK 05000322 G PDR 1sca

o 4-monitor and decontaminate members of the general population who

~

arrive at reception centers seeking only monitoring and decontamination but not shelter.

Suffolk County, the State of New York, and the Town of Southampton (" Governments") submit this response to the ALAB Order. The Governments' response is brief. On the first issue the Governments generally agree with the Clarifying Decision. On the second issue the record before the Appeal Board is essentially complete; accordingly, the Governments perceive no need to file extensive additional comments but rather direct the Appeal Board's attention to the pertinent places in the record where the Governments' views are expressed.2 First, the Governments generally agree with the Clarifying Decision holding that the Governments' contentions had properly raised the monitoring issue. The Governments note, in addition, that this issue was raised not only prior to August 29, 1984 (as the Licensing Board ruled in the Clarifying Decision), but also in the subsequent reopened proceeding on the Nassau Coliseum during the first six months of 1985. The Governments' views on this matter are set forth in detail at pages 4-14 of the Governments' Brief in Opposition to LILCO's Brief on the Relocation Center Issues, dated November 12, 1985.

2 In the ALAB Order, the Board did not provide for the submission of reply memoranda. In the event that any new matters not previously discussed by the parties are raised in the filings by LILCO and/or the NRC Staff and are viewed by the Governments as being significant, then the Governments, as appropriate, may seek leave to submit a reply.

t Second, on the " regulatory requirements question," the Governments ha'vF reviewed LILCO's initial views on the regulatory requirements question 3 and have reviewed the Governments' November 12, 1985, reply thereto. In the Governments' view, the Governments' brief completely refutes LILCO's arguments that the Licensing Board acted in excess of regulatory requirements.

For example, LILCO argued in its October 7, 1985, brief that the NUREG 0654 S II.J.12 requirement 4 means only that a licensee must be able to monitor those persons who seek temporary housing following an accident. Egg LILCO Brief at 24. But, the Licensing Board ruled correctly that LILCO cannot escape the plain words of NUREG 0654: a utility must be able to monitor those persons who arrive at the center. What would LILCO do with persons who arrive at LILCO's reception center, demand to be monitored, but do not request shelter? Would LILCO refuse to provide radiation monitoring to them? Of course not, particularly since LILCO personnel would have directed those evacuees to the center for monitoring in the first place. Egg Tr. 14,828 (Weismantle). Those people would have to be monitored, and an adeauate amount of space, facilities, equipment, and personnel would be necessary to accomplish that monitoring within the regulatory standards. Common sense 3 ggg LILCO's Brief on the Relocation Center Issues, October 7, 1985.

4 A plan must " describe the means for registering and monitorina of evacuees at relocation centers in host areas. The personnel and equipment should be capable of monitoring within about a 12-hour period all residents and transients in the plume exposure EPZ arrivina at relocation centers." (Emphasis added).

dictates that an influx of evacuees expecting to be monitored --

if not planned for -- could make the proposed reception center inadequate for its intended purposes and could prevent LILCO from complying with the requirements of NUREG 0654. The ASLB was right in recognizing these facts, and in finding LILCO's plan and its evidence deficient in ignoring them.

No useful purpose would be served by repeating all the arguments set forth by the Governments in their November 12 brief. Accordingly, we respectfully direct the Appeal Board's attention to pages 14-20 of the Governments' brief, at which the regulatory requirements question is addressed.

The Governments cannot anticipate what argument (s) the NRC Staff may present on the regulatory requirements issue. The Governments have reviewed the Staff's earlier discussion o,f that matters and agree with the Appeal Board's view that the Staff's ,

prior discussion "was quite indecisive." Egg ALAB Order at 4.

In view of the Staff's failure to come to grips with the issue in its earlier brief, the Governments have no basis to offer further comments on the question. As stated in note 1 above, in the I

I 5 Egg NRC Staff's Brief in Support of LILCO's Brief on the Relocation Center Issues, November 21, 1985.

i I

_4-i

e event new arguments are presented in the filings on November 21, the Governments, as appropriate, may move the Appeal Board for leave to file further views.

Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 4 M M:- ,

Merbert H. Brown Lawrence Coe Lanpher Karla J. Letsche KIRKPATRICK & LOCKHART 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 Attorneys for Suffolk County

h. G Fabian G. Palomino Special Counsel to the Governor of the State of New York Executive Chamber, Room 229 Capitol Building Albany, New York 12224 Attorney for Mario M. Cuomo, Governor of the State of New York ft Stephen B. L5 tham Twomey, Latham & Shea P.O. Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the i Town of Southampton Dated: November 21, 1986

j' 00LKETED UNC

- .. November 21, 1986

• 86 NOV 25 All:07 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ggg g Before the Atomic Safety and Licensino ADoeal00CKETIN3 Boardd.i'se~ 7 i a.

)

In the Matter of )

)

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

E CERT _IFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY, STATE OF NEW. YORK, AND TOWN OF SOUTHAMPTON RESPONSE TO APPEAL BOARD MEMORANDUM AND ORDER OF NOVEMBER 4, 1986, CONCERNING MONITORING OF EVACUEES have been served on the following this 21st day of November 1986 by U.S. mail, first class, except as otherwise noted.

John H. Frye, III, Chairman Dr. Oscar H. Paris Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Mr. Frederick J. Shon William R. Cumming, Esq.

Atomic Safety and Licensing Board Spence W. Perry, Esq.

U.S. Nuclear Regulatory Commission Office of General Counsel Washington, D.C. 20555 Federal Emergency Management Agency 500 C Street, S.W., Room 840 Washington, D.C. 20472 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 1

- ,- . -, , . , , ,.-----,,,,,y ._~ . -.__- e _- - - - - ~ _ , _ . , _ , , . --

Alan S. Rosenthal, Chairman

• Anthony F. Earley, Jr., Esq.

Atomic Safety.pnd Li. censing General Counsel Appeal Board Long Island Lighting Company U.S. Nuclear Regulatory Commission 175 East Old County Road Washington, D.C. 20555 Hicksville, New York 11801 Mr. Gary J. Edles* Mr. Howard A. Wilber*

Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Mr. William Rogers W. Taylor Reveley, III, Esq.**

Clerk Hunton & Williams Suffolk County Legislature P.O. Box 1535 Suffolk County Legislature 707 East Main Street Office Building Richmond, Virginia 23212 Veterans Memorial Highway Hauppauge, New York 11788 Mr. L. F. Britt Stephen B. Latham, Esq.

Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power Station 33 West Second Street North Country Road Riverhead, New York 11901 Wadin( River, New York 11792 Ms. Nora Bredes Docketing and Service Section Executive Director Office of the Secretary -

Shoreham Opponents Coalition U.S. Nuclear Regulatory Comm.

195 East Main Street 1717 H Street, N.W.

Smithtown, New York 11787 Washington, D.C. 20555 Mary M. Gundrum, Esq. Hon. Peter Cohalan New York State Department of Law Suffolk County Executive 120 Broadway, 3rd Floor H. Lee Dennison Building Room 3-116 Veterans Memorial Highway New York, New York 10271 Hauppauge, New York 11788 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee Suite K P.O. Box'231 San Jose, California 95125 Wading River, New York 11792 Martin Bradley Ashare, Esq. Fabian G. Palomino, Esq.

Suffolk County Attorney Special Counsel to the Governor Bldg. 158 North County Complex Executive Chamber, Rm. 229 Veterans Memorial Highway State Capitol Hauppauge, New York 11788 Albany, New York 12224 Mr. Jay Dunkleburger Bernard M. Bordenick, Esq.*

New York State Energy Office U.S. Nuclear Regulatory Comm.

Agency Building 2 Washington, D.C. 20555 Empire State Plaza Albany, New York 12223

9 David A. Brownlee, Esq. Mr. Stuart Diamond Kirkpatrick &.Lockha.rt Business / Financial 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 W. 43rd Street New York, New York 10036  !

/

t/

.W Yawr~ence Coe LanpKer KIRKPATRICK & LOCKHART 1900 M Street, N.W.

Suite 800 Washington, D.C. 20035 Date: November 21, 1986

• By Hand

• • By Federal Express I

l e

,_e_ . , . . . . _ _ . , , , _ - , , , . . . , , , _ ,

4 ,,---,-e e-,. , - e ,_ ,,