ML20215K347
| ML20215K347 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 10/24/1986 |
| From: | Brown H KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#486-1276 OL, NUDOCS 8610280135 | |
| Download: ML20215K347 (6) | |
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DOCKETED Octobe6N24, 1986 UNITED STATES OF AMERICA 'E6 0CT 27 P3 :23 NUCLEAR REGULATORY COMMISSION Before the Commission
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In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No._50-322-Oh
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(Shoreham Nuclear Power Station,
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Unit 1)
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J RESPONSE OF SUFFOLK COUNTY IN SUPPORT OF
" MOTION OF GOS.'ERNOR MARIO M.
CUOMO, REPRESENTING THE STATE OF NEW YORK, TO COMPEL PRODUCTION OF AN AUDIT REPORT ON SHOREHAM PERSONNEL AND MOTION FOR EXPEDITED CONSIDERATION" By motion dated October 14, 1986, the State of New Yor4 requested the Commission to compel the Long Island Lighting Company (LILCO) and the NRC Staff to produce immediately an audit report prepared by LILCO on the training and qualifications of Shoreham personnel, and all related documents.
The audit report was given by LILCO to the NRC Staff; but rather than retaining the report, the Staff returned it to LILCO.
Suffolk County supports New York's motion to compel production of the audit report and, for the reasons set forth therein, hereby also requests a copy of the subject audit report.
Moreover, Suffolk County submits that it was erroneous for the Secretary of the Commission to refer the State's motion to the NRC Staff for action.
First, the Staff itself is a focal 8610280135 861024 PDR ADOCK 05000322 G
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4 point of the State's motion.
Indeed, the Staff is now in a position of conflict, where it may seek to justify its return of the audit report to LILCO without retaining a copy, rather than seeking t'o retrieve it or having LILCO produce it for the State.
The Staff's conflict of interest in this instance, therefore, prevents the Staff from being impartial and ' requires the State's i
motion to be decided by the Commission.
Second, the State's motion also raises questions about the propriety of the Staff's conduct in returning the audit report to LILCO.
The motion thus cites 10 CFR S0.735-30(o), which prohib!ts the concealment, removal, or destruction by the Staff of public records; 10 CFR $0.735.49(a), which prohibits Staff conduct that causes or appears to cause a loss of Staff impartiality, independence, or integrity; and 10 CFR Part O, Annex A, which prohibits the Staff from giving special favors or privileges.
Therefore, because the Staff's conduct is itself at issue in the state's motion, the Staff should have no role in judging the propriety of its own conduct.
Finally, the Secretary of the Commission was incorrect in i
stating that the motion "does not relate to any issue being considered in the ongoing'Shoreham adjudication," and therefore that the Staff rather than the Commission should consider the motion.
The Commission has continuing jurisdiction over its licensees, the Staff, and the conduct of both.
The issue raised t
by the State's motion relates to the conduct of LILCO and the Staff, working to date in tandem, that is preventing interested parties and the public from knowing admittedly safety-related j
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information.
The Staff cannot properly deal with this issue here, because of the Staff's conflict of interest discussed above.
Even absent such a conflict of interest, there is no basis to suggest that the Commission itself does not have jurisdiction to oversee the conduct of its licensees and Staff.
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The nature of the issues raised by the State makes it appropriate only for the Commission to judge the State's motion.
I Unless the Staff or LILCO immediately produces the subject audit report, the Commission should rule promptly on the State's motion and compel production of the report.
The facts recited at length in the State's motion lead to the inevitable inference that LILCO is trying to conceal from the public matters of public safety k
significance.
The Staff's role to date can be viewed only as 1
helping LILCO conceal these matters.
Accordingly, it is imperative that the Commission bring the audit report into the
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open as soon as possible.
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Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney Building 158 North County Highway l
Veterans Memorial Highway
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Hauppauge, New York 11788 l
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Herbert H. Brown i
Lawrence Coe Lanpher i
Kirkpatrick & Lockhart 1900 M Street, N.W.
l 4
Washington, D.C.-
20036 l
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Attorneys for Suffolk County i
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DCLK T((:
UH'686 October
'4r 27 P3 :23 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ggg.
00CKE'N'. '- ((~Pnc[
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,Q Before the Commission
}
In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322
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(Shoreham Nuclear Power Station,
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Unit 1)
)
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CERTIFICATE OF SERVICE I hereby certify that copies of RESPONSE OF SUFFOLK COUNTY IN SUPPORT OF " MOTION OF GOVERNOR MARIO M.
CUOMO, REPRESENTING THE STATE OF NEW YORK, TO COMPEL PRODUCTION OF AN AUDIT REPORT ON SHOREHAM PERSONNEL AND MOTION FOR EXPEDITED CONSIDERATION" have been served on the following this 24th day'of October 1986, by U.S. mail, first class, except as otherwise noted, r
Lando W.
Zech, Jr., Chairman Comm. James K. Asselstine U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Room 1113 Room 1136 1717 H Street, N.W.
1717 H Street, N.W.
Washington, D.C.
20555 Washington, D.C.
20555 William C. Parler, Esq.
Comm. Frederick M. Bernthal U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission 10th Floor Room 1156 1717 H Street, N.W.
1717 H Street, N.W.
Washington, D.C.
20555 Washington, D.C.
20555 i
i s
Comm. Thomas M.
Roberts Alan S. Rosenthal, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Room 1103 Appeal Board 1717 H Street, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Mr. Howard A. Wilber Gary J.
Edles, Esq.
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 Morton P. Margulies, Esq.
Comm. Kenneth M. Carr Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission 1717 H Street, N.W.
Washington, D.C.
20555 Washington, D.C.
20555 Dr. Jerry R.
Kline Spence W. Perry, Esq.
Atomic Safety and Licensing Board William R.
Cumming, Esq.
l 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 Mr. Frederick J.
Shon Anthony F. Earley, Jr.,
Esq.
Atomic Safety and Licensing Board General Counsel U.S. Nuclear Regulatory Commission Long Island Lighting Company Washington, D.C.
20555 175 East Old Country Road Hicksville, New York 11801 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 Wading 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
v3 s
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 i
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 Bernard M. Bordenick, Esq.
David A.
Brownlee, Esq.
U.S. Nuclear Regulatory Comm.
Kirkpatrick & Lockhart Washington, D.C.
20555 1500 Oliver Building Pittsburgh, Pennsylvania 15222 Mr. Jay Dunkleburger Mr. Stuart Diamond New York State Energy Office Business / Financial Agancy Building 2 NEW YORK TIMES Empire State Plaza 229 W.
43rd Street Albany, New York 12223 New York, New York 10036 Joel Blau, Esq.
Mr. Philip McIntire Director, Utility Intervention Federal Emergency Management N.Y. Consumer Protection Board Agency Suite 1020 26 Federal Plaza Albany, New York 12210 New York, New York 10278 b
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Herbert H.
Brown, Esq.
I KIRKPATRICK & LOCKHART 1900 M Street, N.W.
Suite 800 i
Washington, D.C.
20036 Date:
October 24, 1986 i
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