ML20215L262

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Informs That No Legal Agreement Exists Between Nassau County & Util Re Use of Plant.Served on 850603.W/service List & Certificate of Svc
ML20215L262
Person / Time
Site: 05000000, Shoreham
Issue date: 04/08/1985
From: Suozzi V
GLEN COVE, NY
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML20213F109 List:
References
OL-3, NUDOCS 8706250617
Download: ML20215L262 (5)
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Text

{{#Wiki_filter:- f[ OFFICE OF THE MAYOR 00 0.*.1T t'U,'.: t-f ' , 4, !U l CITY OF GLEN COVE PROD. a UTI'. FA0.. g g gg .......c....- Ntw Yonx 11 (f{,'.p I 0 \\ U VINCENT A. SUOzzi 'C l 5 sr.WED JUN,M$.2000 MnoR AND SUMRVISoR 00(/E~Er April 8, 1985 usta; . i;; r;. Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission c[0C'INEIN:" NZ Washington, D.C. 20555 i BRANCH RE: Shoreham Nuclear Power Station Unit 1 Docket No. 50-322-OL-3 t., (Emergency Planning) Gentlemen: l ^ As the ' Mayor of Glen Cove I am also a Supervisor o f the County of Nassau. Correspondence has been received f rom individuals concerned with the Shoreham opening; specifically regarding the use of the Nassau County Veteran's Memorial Coliseum as part of a proposed emergency plan. My review of the correspondence merely indicates that ~ the County Executive would make any and all County f acilities available for any emergency whether within Nassau County or for use by others that are not County residents. Any legal a8reement between the County of Nassau and any

  • individual, business etc. must be approved by the Board of Supervisors be fore the County Executive can sign a specific contract.

As of this time, the Board has not received any memorandum or correspondence, etc. from the County Executive indicating th at he seeks their approval for a contract between LILCO and the County for use of the Nassau County Veteran's Coliseum. The Charter of Nassau County is very clear as to its intent. The following enumerates the powers of the Board as set forth in the County Charter (Section 103(b) : "make rules and re'gulations, by ordinance, covering the use o f...any county owned or county-leased property..." As the governing body of Nassau County, the Board of Supervisors must act under procedures set forth in 5105(1) of the Charter, which s tates that the Board ,d "...shall act only by ordinance or resolution. No... J[ franchise or privilege (shall be) granted, real property of county alienated...except by ordinance." 8706250617 870622 ~ PDR COMMS NRCC CORRESPONDENCE PDR w

s e See also Charter $2206 which provides that upon execution of an agreement, contracts must be filed with the Board's clerk together with the " ordinance...upon which the right to make such a contract rests." 9 Further support for requiring legislative approval of the county executive's decision to allow LILCO to use the coliseum is found in 62103 of the C,harter. This section gives the Board of j Supervisors the power to regulate the use of county parks, play-grounds, athletic fields, and recreation centers. In conclusion, there is no legal agreement between Nassau County and LILCO regarding the use of this facility. Should you have any further questions, please contact me. (

erely,

/ ~ s 4 VINCENT A SUOZZI VAS/1k Mayor and Supervi cc: Hon. Hannah Komanoff e 1 4 / a 1 )

j.' UNITED STATES OF MERICA NUCLEAR REGULATORY COMMISSION s In the Matter of - 1 i LONG ISLAND LIGHTING ' COMPANY OccketNo.(s) 50-322-OL-3) (ShorehamNuclearPowerStation, Unit 1) ) ( CERTIFICATE OF SERVICE i I hereby certify that I have this day served the foregoing 'ocument(s) d + upon each person designated on the official service list compiled by the Office of the Secretary of the Comission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2 - Rules of Practice,- of the Nuclear Regulatory Comission's Rules and Regulations. a Dated at Washington, D.C.~ this day of3DnB 198_Q_,. JO ^ Office of the Secretary of the Comission .-g j ~ 9

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) l ) LONG ISLAND LIGHTING COMPANY ) OocketNo.(s) 50-3220L-3 ) (Shoreham, Unit 1) ) 1 ) I l 1 I SERVICE LIST a krhn B Ma rgulie Esq Cha t rean Donna D. Duer, Esq. Il c Safety and [lcensh'ig Board o Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Commission Washington, O.C. 20555 Washington, D.C. 20555 a Dr. Jerry R. Kline Donald P. Imin Esq. Atomic Safety and Licensing Board Hunton and Williams U.S. Nuclear Regulatory Commission P.O. Box 1535 Washington, D.C. 20555 Richmond, Virginia 23212 Mr. Frederick J. Shon Atomic Safety and Licensing Board Jeffrey L. Futter, Esq. ~ ) Long Island Lighting Company U.S. Nuclear Regulatory Commission 250 Old Country Road Washington, D.C. 20555 Mineola, New York 11501 Alan S. Rosenthal, Esq., Chairman ~ Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Comission Washington, D.C. 20555 4 Gary J. Edles ], Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Comission Washington, D.C. 20555 How'ard A. Wilber Gerald C. Crotty, Esq. Atomic Safety and Licensing Appeal Board Counsel to the Governor Executive Chamber U.S. Nuclear Regulatory Commission State Capitol Washington, D.C. 20555 Albany, New York 12224 Counsel for NRC Staff Office of the Executive Legal Director Ben Wiles, Esq. U.S. Nuclear Regulatory Comission Assistant Counsel to the Governor 1 Executive Chamber i Washington, D.C. 20555 State Capitol i Albany, New York 12224 i O h

.......,1 l Board and parties - continued 50-3220L-3 Honorable Peter Cohalan Jay Dunkleberger, Esq. Suffolk County Executive New York State Energy Office County, Executive /Legistlative Building Agency Building 2 j Veteran's Memorial Highway Empire State Plaza Hauppauge, New York 11788 Albany, New York 12223 .Lt i Stephen Latham, Esq. i! Twomey, Latham and Shea 't l P.O. Box 398 Riverhead, New York 11901 ~ s ( Christopher M. McMurray Ralph Shapiro, Esq.

S' Kirkpatrick, Lockhart, Hill, Cammer & Shapiro, P.C.

Christopher and Phillips 9 East 40th Street 1900 M Strert, N.W., 8th Floor New York, New York 10016 ' l Washington, D.C. 20036 i Robert Abrams, Esq. Attorney General New York Department of Law 2 World Trade Center, Room 46-14. New York, New York 10047 Fabian Palomino, Esq. Special Counsel to the Governor Executive Chamber State Capitol, Room 229 Albany, New York 12224

y Martin Bradley Ashare, Esq.

Suffolk County Attorney H. Lee Dennison Building 1 Veterans Memorial Highway Hauppauge, New York 11788 Ms. Nora Bredes Executive Coordinator - SOC I 195 East Main Street 1 Smithtown, New York 11787 .] 1, i

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. 'a J ,h a4 ' a a 4;3 NRC STAFF RESPONSE TO SUFFOLX COUNTY ~J (3 AND NEW YORK STATE MOTION FOR 3) COMMENCEMENT OF INDEPENDEN.T INVESTIGATION F: 90'M ! . if$dM[} 0F DEPARTMENT OF ENERGY INFLUENCE l ON SHOREHAM PROCEEDING y,9l? / :: M

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': i JCf;I5ED ~~ UNITED STATES OF AMERICA ~ NUCLEAR REGULATORY COMMISSION 55 ;;,i 7 A10:31 .s BEFORE THE COMMISSION "4 ' u:cz r tcrg / c::!.z' . = ' ' s \\ 'eIri" he,MattsF'bf i .? LONG ISLAND LIGHTING COMPANY Docket No. 50-322-1 s) -(OL) ') (ShorehamNuclear.PowerStation, Uniti'J ',< j, 7 NP.C STAFF RESPONSE TO SUFFOLK COUNTY ~ < AND NEW YORK STATE MOTION FOR .;T'l ~ COMMENCEMENT OF INDEPENDENT INVESTIGATION 0F DEPARTMENT OF ENERGY INFLUENCE i.: I ON SHOREHAM PROCEEDING ?! -WF a 4 s. j 4 1 J i s ? ..j.., i I l i ~ ./ Bernard M Bordenick e Counsel for NRC Staff r y i April 16, 1985 ,f e, 3 .y' ' s.. I ~' .m ,d' ed ,._,6_

..i . -.......... ~. l 4 { i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION (BEFORETHECOMMISSION j In the Mat'ter of -) c i I LONG ISLAND LIGHTING COMPANY ) (OL) s, Docket No. 50-322-1 - l .) (Shoreham Nuclear Power Station, ) Unit 1) ) .e 1 NRC STAFF RESPONSE TO SUFF01,K COUNTY O' AND NEW YORK STATE MOTIGN FOR .i ' '1 (- COMMENCEMENT OF INDEPENDENT INVESTIGATION ,7 ~ l 0F DEPARTMENT OF ENERGY INFLUENCE ( ON SHCREHAM PROCEEDING i I. Introduction i ( On April 1, 1985, Suffolk County and New York State (Intervenors) j i l l filed a motion which urges 'the Commission to 'iminediately commence ap independent investigation of alleged Department of Energy (00E) efforts ) i to influence the outcome of NRC proceedings concerning the Shoreham Nuclear Power Station. Intervenors' motion is based on an article which 1 1 appeared in the New York Times on March 27, 1985. This article discusses documents 1/ which, Intervenors assert (Motion 2), document DOE's ~ 1 1/ As noted by LILCO in its. April 11, 1985 Response (at 2), the article ~ in question refers to DOE documents which are apparently in i Intervenors' possession - though not attached to their motion. LILCO has obtained copies of the DOE documents frem the Subcommittee on Energy Conservation and Power of the House Committee on Energy and Commerce and has attached. copies of the documents to its response. A k

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.4 efforts to " Lobby NRC and FEMA to amend, interpret, issue opinions, or adopt preseptions regarding their ragulations and rules which are favorable to DOE's d W M ies." } " Force NRC and FEMA to accept (change rule?) j utility exercise of EP without local cooperation or 43 (sic) presumption real emergancy." 2phat local authority will act in a ~ ] The Intervenors' motion, at 2, also asse.rts that the documents described in the Times article reveal DOE's approach 1!o. influence actions l of the Federal Emergency Management Agency" (FEMA) with regard to the ^ offsite emergency preparedness at Shoreham. 3/ '/ J: For the reasora discussed below, the NRC Staff is of the view that 'I Intervenors have failed to set forth any basis for convening an investi-gation " aimed at disclosing DOE's [ alleged] lobbying, forcing, influencing, or any other actions which might affect or already'have ~ 1 affected the content, direction, or outcome of the NRC's Shoreham i proceedings." Motion at 4. t*~' L 2/ Although the first quotation concerning lobbying the NRC and FEMA to ~ amend or change regulations appears in the cited newspaper article, the second quotation dealing with forcing'the NRC and FEMA to change its rules or take other action is not in the newspaper article. A similar statement does appear, however, in the Department of Energy papers (Document 22) attached to LILCO's response to the subject be c, motion. See n.1, sopra. The last page of document 22 appears to the notes of an unnamed person. In document 22, page 4, the word "or" in the quoted material is actually the word "on" in the note. The quoted material apparently deals with whether a presumption 5 could be made (possibly by a rule change) "that local authority would act in a real emergency." Id. i 3/ The emergency planning hearings in Shoreham involve, among other matters, the ability of LILCO to carry out the emergency response 3 plan it drafted without the cooperation'of state and local -1 authorities in the implementation of the plan, y ~ s. <-e 9

. II. Discussicn ] Intervenors' motion should be denied in that the matters set forth in the newspaper article upon which the motion is predicated do not j ? appear to.suggest or establish improper action by any official of the Department of Energy. Specifically, there are no allegations in the g N attached newspaper article which' suggest"that the Department of Energy has attempted to improperly influence the conduct of the ongoing Shoreham proceedings through ex parte communications to the f.osnission or its Boards (see10CFR92.780),orthattheDepartmentofEnergyhasinany p a. fashion sought to improperly influence the sworn testimony of the NRC and i'j FEMA witnesses appearing in that proceeding. O Illegal or unethical conduct on the part of a Federal agency should not be lightly inferred, i The quoted material deals primarily with the possibility of the 3 Department of Energy initiating action to have the NRC or FEMA change its j rules or interpret its existing rules in a manner advocated by that i agency. However, Intervenors do not explain how such action'- if in fact 1 1 pursued - would be " repugnant to the NRC's adjudicatory process...." J in y, Motion at 1. The rulemaking regulations of the NRC expres' sly grant 4/ The Intervenors' motion does not allece and the Staff is unaware of any 00E influence on Staff or FEMA witnesses who testified at hearings before the Atomic Safety and Licensing Board concerning contentions relating to LILCO's ability to carry out its emergency plan without the cooperation of state and local authorities. The Staff has also reviewed the documents referred to in the article, which are attached to LILCO's response and agrees with LILCO's conclusion, at 5 of its response, that the documents do not disclose-any improper efforts to lobby, force or taint the actions of other Federal 6gencies. j .s h ~ t e i

Federal agencies the right to petition the NRC to change its. rules or issue an interpretive rule. Specifically, 10 CFR I 2.801 provides that: Rulemaking may be initiated by the Comission at its own instance, on the recomendation of another ~' agency of the United States, or on the petition of any interested person. q Moreover, the right of the 'public ahd other agencies to comunicate d with non-adadicatory employees of the Comission and to seek to suggest e .1 fto them a particular conclusion or course of action,.is not prohibited by the Comission's regulations. Specifically, 10 CFR 6 2.780 defines improper l' A ex parte comunications as those made to officers of the Comission performing S~ e.' quasi-judicial functions, their imediate staffs, and those advising them [ ^ in the performance of these quasi-judicial duties. 5_/ The regulations do not prohibit contacts by a non-party with that.part of the NRC Staff appearing as a party in a licensing p.roceeding before the Comission.- l III. Conclusion i The Intervenors' present motion and the attached newpaper article do ,. ~, not provide any indication that the Department of Energy has performed, any illegal or improper act in connection with the Shoreham proceeding or t otherwise. Thus, no reason appears to support the investigation the Intervenor's are seeking, and their presesi motion should be denied. Respectfully submitted, M t i Bernard M. Bordenick Counsel-for NRC Staff' Dated at Bethesda, Maryland this day of April,1985 -5/ Indeed. Intervenors themselves have many times formilly and ,p 1 I informally contacted the NRC staff and FEMA in'an effort to express ~ a particular point of. view. L

.__.j a,- _.; 4 _ 1. _1 _. 1 ..__ q t I UNITED STATES OF AMERICA kc ^ NUCLEAR REGULATORY COMMISSION ' l .'03 I}.1 i7 A10:3Y BEFORE THE COMMISSION i MC5~*,*LCRtkri nk.. s. Einscr' l In the Matter of

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~ LONG ISLAND LIGHTING COMPANY ) Docket.No. 50-322-1 ) (OL) (ShorehamNuclearPowerStation, ) Unit 1) ) 1 l:i i 1\\ m ,,[ ' l () CERTIFICATE OF SERVICE ~ 1 3 I hereby certify that copies of "NRC STAFF RESPONSE TO SUFFOLK COUNTY 5l AND NEW YORK STATE MOTION FOR COMMENCEMENT OF INDEPENDENT INVESTIGATION i 0F DEPARTMENT OF ENERGY INFLUENCE ON SHOREHAM PROCEEDING" in the above-i captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, throu'gb deposit in the Nuclear Regulatory Commission's internal mail system, i this 16th day of April,1985. 1 Morton B. Margulies, Chairman

  • Fabian G. Palomino, Esq.

4 Administrative Judge Special Counsel to the Governor-Atomic Safety and Licensing Board Executive Chamber 1 ,U.S. Nuclear Regulatory Commission State Capitol > Washington, D.C. 20555-Albany, NY 12224 '^ Dr. Jerry R. Kline* O Administrative Judge MHB Technical Associates Atomic Safety and Licensing Board 1723 Hamilton Avenue U.S. Nuclear Regulatory Commission Suite K Washington, D.C. 20555 San' Jose, California 95125 W. Taylor Reveley III, Esq. Mr. Frederick J. Shon* Hunton & Williams Administrative Judge 707 East Main Street - Atomic Safety and Licensing. Board P.O. Box'1535 U.S. Nuclear Regulatory Commission Richmond, VA. 23212 Washington, D.C. 20555 Edward M. Barrett, Esq. O Jonathan D. Feinberg, Esq. Long Island Lighting Company .-New York State Department of 250 Old Country Road Public Service Mineola, New York 11501 Three Empire State Plaza -1 ., U - Albany, NY 12223. J-w .e

1 . _ ~., - > ~.. .~.. --"--~~~~% J Judge James L4 Kelley", Chairman

  • Lawrence J. Brenner, Esq.*

Atomic Safety and Licensing Board Administrative Judge U.S. Nuclear Regulatory Comission Atomic Safety and Licensing Board l Washington, D. C. 20555 U.S. Nuclear Regulatory Comission 4 Washington, D. C. 20555 Q.. j Judge Glenn 0. Bright

  • Dr. George A. Ferguson

{ Atomic Safety and Licensing Board Administrative Judge U.S. Nuclear Regulatory Commission School of Engineering s Washington, D.C. 20555 Howard University 3 2300 - 6th S.treet, N.W. Judge Elizabeth B Johnsort Washington,'D'. C. 20059 Oak Ridge National Laboratory P. O. Box X, Building 3500 Dr. Pete'r A. Morris

  • 3 Oak Ridge, Tennessee 37830 Administrat.1ve Judge Atomic Safety and Licensing Board Stewart M. Glass, Esq.

U.S. Nuclear Regulatory Comission 4 h. Regional Counsel Washington, D. C. 20555 A l 'u Federal Emergency Management Agency N i 26 Federal Plaza, Rm. 1349 .a ) New York, New York 10278 Alan R. Dynner, Esq. Docketing and Service Section* Herbert H. Brown Esq. Office of the Secretary Lawrence Coe Lanpher, Esq. U. S. Nuclear Regulatory Comission Kirkpatrick & Lockhart Washington, D. C. 20555 1900 M Street, N. W. 8th Floor Washington, D. C. 20036 Mr. Martin Suubert James Dougherty, Esq. c/o Cong. William Carney 3045 Porter Street, N.W. 1113 Longworth House Office Washington, D.C. 20008 Building A Washington, D.C. 20515 Mr. Brian McCaffrey Long Island Lighting Company 'iartin Bradley Ashare, Esq. Shoreham Nuclear Power Station Suffolk County Attorney P.O. Box 618 H. Lee Dennison Building North Country Road Veterans Memorial Highway Wading River, New York 11792 Hauppauge, New York 11788 Stephen B. Latham, Esq. Herzel Plaine, Esq.* John F. Shea, Esq. U.S. Nuclear Regulatory Comission Twomey, Latham and Shea Washington, D. C. 20555 33 West Second Street I Riverhead, New York 11901 ~ Donna Duer, Esq.* Atomic Safety and Licensing Board Cherif Sedkey, Esq. U.S. Nuclear Regulatory Commission Kirkpatrick, Lockhart, Johnson Washington, D.C. 20555 & Hutchinson 3 1500 Oliver Building Pittsburgh, PA 15222- '. l. , 41 A

._:= 3 Honorable Peter Colahan Atonjic Safety and Licensing Suffolk County Executive Appeal Board

  • H. Lee Dennison Building U.S. Nuclear Regulatory Comission Veterans Memorial Highway Washington, D.C.

20555 l Hauppauge, New York 11788 {, Jay Dunkleberger, Esq. Ms. Nora Bredes New York State Energy Office Executive Director Agency Building 2 Shoreham Opponents Coalition a i Empire State Plaza 195 East Main Street 1 Albany, New York 12223 Smithtown g @w York 11787' 1 2 Atomic Safety and Licensing Board

  • Spence Perry, Esq.

. l U.S. Nuclear Regulatory Commission Associate General Counsel Washington, D.C. 20555 Federal Emergency Management i Agency j s Room 840 i i 500 C Street, S.W. l Washington, D.C. 20472 Samuel J. Chilk* .J Offi e of the Secretary U.S5 Nuclear Regulatory Commission Washington, D.C. 20555 a f f MfP-s24rwk l Bernard M. Bordenick Counsel for NRC Staff e* J g 4 4 1

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l $$$~YAA04 ~j W East.&eadow Qlnion 9tsz cScbool bishzich CARMAN AVENUE, EAST MEADOW, NEW YORK 11554 j 516 794-7000 OFFICE OF THE SUPERINTENDENT OF SCHOOLS

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'55 ? April 3, 1985 . ;,a.. Mr. Frank M. Rasbury, Executive Director f,:.: d' d J sU N % ANCH Nassau County Chapter of the American Red Cross 264 Old Country Road g Mineola, New York 11501 SERVED APR 91c85

Dear Mr. Rasbury:

) In your letter of March 11, 1985 you " clarified" the basis of your testimony before the Nuclear Regulatory Commission with respect to the participation of local school districts in an. evacuation plan developed, sponsored +and-implemented by the Lilco Corporation. Unfortunately, your letter failed to address many of the substan-tive issues which Leon Campo, Executive Assistant for Finance, raised in his letter to you of February 12, 1985. First of all, your failure to contact school districts with regard to your testimony is inexcusable. School Boards, under the law, not the Red Cross, possess not only the authority, but the respon-sibility to determine whether or not the public buildings in their charge are to be used as " congregate care centers" during a radio-1 logical emergency. Your testimony before the Nuclear Regulatory Commission specifically implied that school buildings would be available for such purposes and you submitted letters of agreement to substantiate this claim. While your recent letter indicates that your total testimony simply represents your " opinion," this point was obscured by your testimony and that of Lilco which causes reasonable people to con-clude that the Red Cross has pledged, by a contract with Lilco, to provide congregtte care centers through the use of the public schools of Nassau County. Specifically, question 24 which was directed to you,as well as other representatives of the Lilco Corporation, asked if a "means of relocation would be provided for evacuees from an emergency at Shoreham?" Your response, in conjunction with that of Lilco rep-resentatives, was "yes, relocation centers will be available for those who require shelter should there be an emergency at Shoreham." On that matter of fact, as your testimony related to the use of Nassau County school buildings, I believe your testi-mony was not true. o ,.' ?] I & Y4&CS

,5 ~ Mr. Frank M. Rasbury 4-3-85 Furthermore, your references to " emotionalism" and " politics," are totally irrelevant to the issues at hand. You have ignored the fact that Lilco's evacuation program, as it has been presented to the Nuclear Regulatory Commission, is illegal in the State of ~New York. Certainly,public schools and the Red Cross, in my opinion, may not participate in a program which contradicts the l law. Finally, you did not tell the Nuclear Regulatory Commission that you haven't had contacts with school districts in Nassau Ccunty for many years regarding emerge,ncy planning for natural disasters' and have had absolutely no contact with these school systems re-2 garding a radiological emergency at Shoreham..It is rather impru-dent for the Red Cross, working in conjunction with Lilco, to pre-sent a program that is untrue regarding use of public school buildings. At the same time, you failed to notify our schools of your intent or your testimony. Once again, on beha.lf of East Meadow Schools, I would ask that l you remedy your testimony before the Nuclear Regulatory Commission as it relates to public school buildings in Nassau County and, more specifically, as it pertains to the use of East Meadow Schools in any radiological emergency evacuation program. + Sinc

rely, p M4 m

Howard M. Koenig, Superintendent of Scho is t ell HMK:mes Morton B. Margulies, Administrative Law Judgev' ) cc: V \\ I t .y& Y$. 1

4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) ) LONG ISLAND LIGHTING COMPANY Docket No.(s) 50-322-OL-3 (ShorehamNuclearPowerStation, ) Unit 1) ) ) ) i CERTIFICATE OF SERVICE i I hereby certify that I have this day served the foregofng ' document (s) upon each person designated on the official service list. compiled by the Office of the Secretary of the Connission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2 - Rules of Practice,. ' of the Nuclear Regulatory Commission's Rules and Regulations. I I \\ Dated at Washington, D.C. this h day of [ 4 / 198[. / Y Offiah 'of the Secretary of the femmission I 1 l M

.t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of LONG ISLAND LIGHTING COMPANY ) Docket No.(s) 50-3220L-3 j, ) !I (Shoreham, linit 1) ) ) ) ) SERVICE LIST i f4orton B Hargulies Esq Chairman Donna D. Duer, Esq. j Atomic Safety and Licensin,g Board Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 i Or. Jerry R.. Kline Docald P. Infin, Esq. Atomic Safety and Licensing Board Hunton and Williams U.S. Nuclear Regulatory Commission P.O. Box 1535 Washington, D.C. 20555 Richmond, Virginia ~ 23212 Mr. Frederick J. Shon Jeffrey L. Futter, Esq. Atomic Safety and Licensing Board Long Island Lighting Company U.S. Nuclear Regulatory Comission 250 Old Country Road Washington. 0.C. 20555 Mineola, New York 11501 Alan S. Rosenthal Esq., Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Comission i Washington, D.C. 20555 Gary J. Edles Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Comission J Washington, D.C. 20555 Gerald C. Crotty, Esq. Howard A. Wilber Counsel to the Governor Atomic Safety and Licensing Appeal Board Executive Chamber U.S. Nuclear Regulatory Commission State Capitol Washington, D.C. 20555 Albany, New York 12224 Counsel for NRC Staff Ben Wiles, Esq. Office of the Executive Legal Director Assistant Counsel' to the Governor U.S. Nuclear Regulatory Comission Executive Chamber Washington, D.C. 20555 State Capitol Albany,, New York 12224 5I

~~"' , f. ~ ) i ) Board and parties . continued 50-3220L 3 4 f Honorable Peter Cohalan Jay Dunkleberger, Esq. ) Suffolk County Executive New York State Energy Office ql County Executive /Legistlative Building Agency Bu,ilding 2 Veteran's Memorial Highway Empire State Plaza Hauppauge, New York 11788 Albany, New York 12223 Stephen Latham, Esq. _ j Twomey, Latham and Shea P.O. Box 398 Riverhead, New York 11901 l I l 6 Christopher M. McMurray Ralph Shapiro, Esq. Kirkpatrick, Lockhart, Hill, Cammer & Shapiro, P.C. Christopher and Phillips 9 East 40th Street 1900 M Strert, N.W., 8th Floor New York, New York 10016 Washington, D.C. 20036 ) Robert Abrams, Esq. Attorney General New York Department of Law 2 World Trade. Center,- Room 46-14 New York, New York 10047 i Fabian Palomino, Esq. Special Counsel to the Governor l Executive Chamber State Capitol., Room 229 Albany, New York 12224

y Martin Bradley Ashare, Esq.

Suffolk County Attorney H. Lee Dennison Building Veterans Memorial Highway Hauppauge, New York 11788 Ms. Nora Bredes Executive Coordinator - SOC 195 East Main Street -I Smithtown, New York 11787 2 i . /.$ e

p ~ N g.J occKET Mutism NORTH BELLMORE # 8' " # " UNION FREE SCHOOL DISTRICT 2616 MARTIN AVENUE j NORTH BEf.LMORE, NEW YORK 11710 j (516) 221 2200 '[~g " BOARO OF EDUCATION BOARO OFFICERS ADMINISTRATION JAMES P. ROONEY, President WILLIAM ENGLANDER,*d6nseh

  • 0 P 3 :26 LAUPENCE H. JOHNSON, JR.

JOSEPHINE O. GROEN Vice President STEPHEN KoSHERS. Treasurer Superintendent of Schools VINCENT MAIELI MORTIMER PEARLSToNE. District Clerk ANITA W. FREY CHARLES H. REINHARDT f,. I' E ..it,. Director of Special Services ' J IRMA KASS G l.ME i,1,t a & SE9 v " DOMINIC J. SAVINo ~ Business Maneger SERVED APR T1985 April 1, 1985 i Mr. Morton B. Margulies { Administrative Law Judge { Atomic, Safety & Licensing Board Panel I U. S. Nucl. ear Regulatory Commission j t Washington, D. C. 20555

Dear Sir:

Please be advised that in the event of a radiological accident at the Shoreham Nuclear Plant, the North Bellmore Union Free School District would not make its facilities available as part of a LILCO plan of evacuation. Many years ago, our district agreed to cooperate in the event of natural disasters. However, we do not consider a Shoreham emergency to be a " natural" disaster; therefore, we would not participate in any evacuation plan that involved the use of our school property. i Sincerely your&r-, / ,G' y;t t i u.. f,, */vi 'c / Laurence H. Johnson, Jr. Superintendent of Schools LHJ:eh cc: Bd. of Ed. ..'4 .v ,y q c;.a L4Q-f o v

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4 ,un nua ...n.~.. \\ l April 1, 1985 aw - - - ^ ~ ' ' ~ ~ ~ ' O TO: Shoreham Service List ) i The enclosed pleading, Suffolk County and New York State 1 Motion for Commencement of Independent Investigation of Department of Energy Influence on Shoreham Proceedings, was inadvertently servbd without the referenced New York Times article. Enclosed is a new copy of the pleading with the referenced article attached. b FC Herbert H. Brown O ~.. 1 ""^'090231-890401 PDR ADOCK 05000322 Q PDR se ij .5 I9 % SOY

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==-.-.;... UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission

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  • 12 AR -3 Ali :09 In the Matter of

) ) LONG ISLAN'D LIGHTING COMPANY ) <my, , : O c' 3 ) Docket No. h 12rd (Shoreham Nuclear Power Station, ) Unit 1) ) -) 3 ) x, SUFFOLK COUNTY AND NEW YORK STATE MOTION FOR COMMENCEMENT OF INDEPENDENT INVESTIGATION OF. DEPARTMENT OF ENERGY INFLUENCE ON SHOREHAM PROCEEDINGS <g Documents described in the attached New York Times article, dated March 27, 1985, disclose efforts of the Department of ~ ' Energy to influence the outcome of NRC proceedings concerning the Shoreham Nuclear Power Plant. Among other things,_these docu~ ments reveal DOE's effort to: " Lobby NRC and FEMA to amend, interpret, issue opinions, or adopt presumptions regarding their regulations and rules which are

  • avorable to DOE's policies."

' ~ ' " Force NRC and FEMA to accept (change rule?) utility exercise of EP without local cooperation or presumption that local authorit will act in a real emergency." y evy such approaches of DOE'to " lobby" and " force" the NRC to og a. g take actions which affect the outcome of the Shoreham proceeding Do Fl are repugnant to.the NRC's adjudicatory process and, particularly, j are unlawful under the governing Administraciva. Procedure Act, si V a i Ht: g b C In.O i& 'M 4 .M; L '*f : .n 4 Qf

~2-Atomic Energy Act, and NRC regulations. The'Shoreham proceeding is an on-the-recor'd adjudication. DOE's off-the-record initiatives withtheNRCtoalfertheestablishedlegalframeworkandto sway the direction and context of NRC decisionmaking are an - <jj obstruction of the lawful regulatory processes. ' l Moreover, the document's described in the Times article reveal DOE's approach to influence actions of the Federal Emergency ^ Management Agency. For example, in a March 8, 1965 letter from DOE Secretary Herrington to FEMA Director Giuffrida, DOE urges FEMA to conduct an exercise of LILCO's offsite emergency J. plan. The conduct of such an exercise is a contested issue in the Shoreham proceedings. Secretary Herrington does not even I \\ reveal that the New York State Supreme Court on February 20, 1985 declared LILCO's plan to be illegal. Thus, DOE is urging FEMA to join with LILCO to attempt to achieve an unlawfur objective FEMA, as the NRC's evaluator of offsite emergency preparedness, plays a significant role in the adjudicatory process as a pur- ) portedly impartial participant. The apparent efforts of DOE NJ behind-the-scenes to influence FEMA's on-the-record representations and opinions undercut the integrity cf the.Shoreham adjudicatory proceedings. At this point, it is therefore not clear if the N30 and FEMA have been acting for themselves or, at times, as the surrogates of DOE and DOE's undisclosed agenda for the outcome of the Shoreham proceedings. Accordingly, to bring fully to public light the extent of DOE's involvement at the NRC and the influence of DOE on the

1

] content and direction of the NRC's Shoreham p'roceedings, and to ,.w 'f / a. I h

establish the foundation on which action might be taken to l cleanse any taint which has resulted from DOE's activities, Suffolk County and New York State hereby move the NRC immediately to commence an independent investigation of DOE's activities. 'I This investigation should be aimed at' disclosing DOE's lobbying, forcing, influencing, or any other actions which might affect j]I 1 or'aiready have affected the content, direction, or outcome of 1 1 'I the NRC 's Shoreham proceedings. * ~. Respectfully submitted, 1 O + ,4 Martin Bradley Ashare Suffolk County Department of Law H. Lee Dennison Building Veterans Memorial Highway Hauppauge, New York 11788 e Herbert H.' Brown Lawrence Coe Lanpher l Karla J. Letsche KIRKPATRICK & LOCKHART 1900 M Street, N.W., Suite 800 M Washington, D.C. 20036 Attorneys for Suffolk County / 8o'(,' 'E4 V Fabian G. Palomino Special Counsel to the Governor Executive Chamber, Room 229 State Capitol i Albany, New York 12224 Attorney for Mario M. Cucmo, Governor of the State of New York April 1, 1985 I / < *,. + 3 . i.;

THE NEW YOR.K T2MES. WEDNDSD) y >' r s f Reports ShalwU.S.'Ro:.e. gggg.g

n Dispute at Shoreham ggW Pg k{0 h

By MATTHEW L. WALD m, a e g '4 F -s M t. un,ted,mtes De,a,,. Ano.or - dad,aaMa manicEnergyhmbeenacerveyca pronmed.:=enta me= ~ -w a r_.-gr. % p ternns with each other and camter. solve the problem of woo's legni an. _m m v.M.. % +s h' d parte at other departmems to and waye thority to pa the plan teto effect b to help Reense the Shoreham nuclear it descrthed an interagecy task d6M. ar- .-m 1 b i d weer pust, acermag to department force-din,cted by the Prendant's ecs. .ca adviso and incioding - a a w w. I. The Secretary of Energy, John 1. tte Etnergency Managesnant Agency, eg Herrtagta. tmettned recently that tie tt.e Nur. lear Regulatory e===aa=6aa '.t

  • department was dotag antams about and the Departmet of, Energy -

.? the dispam over emergency pianeng wtuch was studying pnaam " hand hoe. y atshombem. tage" bylocalottecnens to emergency s m k,J ,f He seM he supported a pledge by planning. - a - ) ? Freeldent R eassa to October not to im. After the Thron Mue latand accident, pose a Federai sohttlan on the ucensms in March 1979, the N.R.C. Insistad that all new plante had to have emergency f~ problem over the ob)ectlane.of state. plane before they opened. and cousy governments. sethe newty released dcr===== tn. Chansege by Jesse j a dicais that the department has been.. A justice of How York State Supreine looking for ways to Storeham's builder, the Long Isind Coen. Court ruled in March that Lilco did not., c a,., m.--:.; O.e # 4 4 g-r. d i A, pany, overtmans the refusal of tavo the legal authortty to azercies the 1 Cousy and New York State to partic6 plan, because employees of a private ututty could not assume poucead ---i t - iE "e". e i a. pate in amargetcy planning. tag of the su muuan reactor,widch is recetus tratne, blowing emergency -,Y N'* Inland Watein-y not ans ib=== to biock ue-s., j en the Nore shore of lang Island, as strees, or deciding when to declan an ' A pair of sea gu!!e basking in the sunshine ye y

i n.

muss met of New Yort City.- emergency and edetse the puhuc to espected toenjoy mootty sumty aides again tod a n take shelter W Gee en areL j1. ' No CoonnentFrostEnergy Dept. The da===== ladteaead that es da. ' i Ptd1tp D. Elef, deputy pnes sacro. partment knew tt wee acetag against e L .tary of the department, saac yesterday the panttion of the county and staan, n,. q f n,.4 r 6 afternoon that the department would An Emerry Departenant of U1 A L,U 1,1 3-have no taunediate ~====at on me shareham's status that to I, estnacon. have been wrttienin late hh-or ,t - The da=.==** were released by the January sp=ala'ad that the state or By JOYCE FUENICK

stnet, 4

energy conservation and sub. county *migLtc attempt to m)ota the The talk was of cmDery past trees mism cotomittee of the Ecuse and conduct of such an esercise on the basta and pleached Hanes, of fluted columne the m Commerte Cocuntttee,. gom. that Lilco wettid be violating some' and bluestone enacreta, s!' " leafy - "Ce noned the Secretary closely earlier this stano law." toottts," street lamps and the probable raths

b. i mosh on the department's actmtise.

Another department snetna, undated intets of an arttutectural akach dating danst Mco has developed an emergency but evndantly wrttten after May of last back 72 years, ter 4

  • *y,

piac using taster renders,11ammen, and year, listed " abort term" tashs for the And soit went fornearty an houryes. cous i includtag " Lobby NRC and today-daran d .a= i=== dense susse l other etaployees of the utiltty in the g,to annend, tuterpret. lases discussion as saembers of the city's plead

7. '. /eles usuaDy t!ued by police, fire and kins, or adopt prerv-rk had=arta Preservatte Ceaunisr*.on As seer amervancy personnel, and Lilco r

tam. 1 esi.; and rules wtoch ar* welgted an amtrenous plan to nhaldu. stres thalt ( would h*e to test thu plan. to DOE's potionse." tale the Grand Army Ptam, on Finh newI other activtoes, the Depa5 Avens near the Plaza Botel, salt 4 metsat from the doce. Cesapielm Frum to Meest. That bitof nearpiacidayin adotown. abia mente to tan acetwin support. .tas Looe's request, and in exp4aring The aboeauntam entraen. Repro.,hichstretches tram esth sons ingot.y sr strategies ta Irnd Federnt siahortty a sentattve Edwarti J. Martsy, a Mason. Street and tactudes *he Puntant Foun. Doc i c es ututtre piarb chupacts Democrat, templained in a tain and he General Sherman Mann. turn i For example. the docename show letter sent yestartley to Mr. Herrington meat, le up for its stret major rehabtn. ths' occctmeag contact between the depart. that the departenant's acottoes were taden since 1913, and senos Grand het men sad the Federal Emergency "at odds with Prendem Rangan's and Army Plass is a city.landmart, the to 1 w on tide conmdannon's approvalla regatred be. Ar l " Agency,wtech to respam. g,o, n pr""a="t'a="" sible for evaluatmg emergency p6ans* tear Jay ennges can be made. tka v gndtag emergency druls, and advistag "It raisse a earteus cenamn as to h yesterday's heartag at'es as e f the Nuclear Requ1 story Commedseksi whether the task forte la out of can. caraa.nsaion's handquarters p., ipwar the t tu the state of preparatness. trol." he said. grann nema en otherwtee routtne event of f ) In a March 8 to the Director of the Mr. Bemogtems. testitytag befora the that provided as tunisin into the atrrh. The Emergency Managecneta Aguacy, ennearmson =ahwdttee on tnge of a ctry agency codicated as much-ftrs 13-eve days aner his letter to. to style as to substance. 0 Louis 0. Otuttridacthe Energy Secre. tary, Mr. Barrington, wrots. "The De. the head of the Emergency Manage I partment of Energy wul earww-to tout AgatEy-wee asked try Rape Gnomery and Gewth as i support the tesung ohbe shoreham sentattve Markey,"What. If anythtng "It's not feet a stage est we an so. .but sotnettdag that one be sue. plan as econ as rmathta " is D.O.E. dotag with respect to Shore ham's einergencrplans?" " one emma'ami=r, Borbars. 3-Need f1r Tset See Mr. Herrmsma ruolled, "I don't les Dim-ram 8pletvogal. said after An tatarnal Energy Departament think we are dams anyttung.". enrarat=a metnoers nad devoted spetDoraDeturn dated May 4,124, said Mr. Markey, the new Seen. titne to talkingtheset ene ktad of gree. c "The clear sap at tids une is the need tary for dataD*,, tem to saamit ery versus another, and even their growth rates. Tbn width of tross da"a="a 'Ancribing the depart .for a test of the 1.11eo plan." k . If the Federal Emergency Manage. ment's tavatvement in wwham's changes every year, somebody se&d. Trees became en tesusin tne bearing g taant Agency were to help devonop the plans if any were diseow. pian and test it, me 4a*====r said, ered roam envasey sinet tuecause a doubie Ma< g "inere ts a htsh probauttry that it The deparsmene's :.sponse wee to row of trees tune her tered sta plam would bea satschat beats ser unanstas ause ate commmes staff nooses a sta amt the proposal to return to cae artes. fues. The dar=====ra tt reiensed were mal desten coeM create protnema, as. j,) shoreham." q and test um plan. the memo saad. p taaenfrom thedeparanet's task tores enretag to a Centes! Part herucultur. "We encourage FEMA to develo 1 u e nuclast consemenon piviera, ist, win sind as eater row, nenne me \\ ~ ~ = n = r ~~"~e's

e j 1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ' *J ' .s Before the Commission '55. " - ?.'41 :( ) In the Matter of ) M ~' ,-),.. j,ff J

,.n:.:.~,

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL ) ~ '(Shoreham Nuclear Power Stati'on, ) Unit 1) ) ) CERTIFICATE OF SERVICE N I hereby certify that copies of Suffolk County and New York State Motion for Commencement of Indepeic".ent Ir vestigat' ion ,f i of Department of Energy Influence on Shorehall Proce9 dings have been served on the.following this 1st. day of April, 1985, by 3) i U.S. mail, first class, except as otherwise noted. < i i Judge James L. Kelley Edward M. Barr'ett, Esq. J Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Long Island Lighting Company 250 Old Country Road Washington, D.C. 20555 Mineola, New York 11501' Judge Glenn O. Bright Honorable Peter Cohalan i Atomic Safety and Licensing Board Suffolk County Executive O.S. Nuclear Regulatory Commission H. Lee Dennison Building ./ Washington, D.C. 20555 Veterans Memorial Highway Hauppauge, New York 11788 Judge Elizabeth B. Johnson Oak Ridge National Laboratory

    • Fabian' Palomino, Esq.

P.O. Box X, Building 3500 Special Co'unsel to the Oak Ridge, Tennessee 37830 Governor Executive Chamber, Room 229 Atomic Safety and Licensing State Capitol Appeal Board Albany, New York 12224 ,0.S. Nuclear Regulatory Commission' 1 Washington, D.C. 20555

    • W. Taylor Reveley, III,'Esq.

Anthony F. Earley, Jr., Esq.

  • Edwin J.

Reis, Esq. Robert M. Rolfe, Esq. Bernard M. Bordenick, Esq. Hunton & Williams Office of Exec. Legal Director 707 East Main Street U.S. Nuclear Regulatory Commission Richmond, Virginia 23212 Washington, D.C. 20555 .A1,

/

Y m 4 d -

. c,_ ~ Mr. Martin Suubert c/o Cong. William Carney James Dougherty, Esq. 3045. Porter Street, N.W. 1113 Longworth House Office Washington, D.C. 20008 Building Washington, D.C. .20515 Mr. Brian McCaffrey Long Island Lighting Company Martin Bradley Ashare, Esq. Shoreham Nuclear Power Sta. Suffolk County Attorney P.O. Box 618 H. Lee Dennison Building North Country Road Veterans Memorial Highway Wading River, New York 11792 Hauppauge, New York 11788 Docketing and Service, Branch Jay Dunkleberger, Esq. t x Office of the Secretary New York State Energy office Agency Building 2 U.S. Nuclear Regulatory Commission Empire State Plaza War.hington, D.C. 20555 Albany, New York 12223-j

  • Munzio J. Palladino, Chairman
  • Comm. Frederick M. Bernthal N

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comm. Room 1114 Room 1156 1717 H Street, N.W. 1717 H Street, N.W. J-Washington, D.C. 20555 Washington, D.C. 2055.5 l i

  • Commissioner Lando W.

Zech, Jr.

  • Comm. Thomas M. Roberts U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comm.-

Room 1113 Room 1103 1717 H Street, N.W. 1717 H Street, N.W. j Washington, D.C. 20555 Washington, D.C.. 20555 i

  • ' Commissioner James K. Asselstine

~ Stephen B. Latham, Esq. { U.S. Nuclear Regulatory Commission Room 1136 John F. Shea, Esq. Twomey, Latham and Shea 1717 H Street, N.W. 33 West Second Street Washington, D.C. 20555 Riverhead, New Ycrk 11901 ~#

  • Herzal Plaine, Esq.

Lawrence' J. Brenner, Esq. U.S. Nuclear Regulatory Commission Administrative Judge 10th Floor Atomic Safety & Licensing Bd. 1717 H Street, N.W. U.S. Nuclear Regulatory Comm. Washington, D.C. 20555 Washington, D.C. 20555 Dr. George A. Ferguson Dr. Peter A. Morris Administrative Judge Administrative Judge Atomic Safety & Licensing Board Atomic Safety & Licensing Bd. U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comm. Washington, D.C. 20555 Washington, D.C. 20555 Morton B. Margulies, Esq. Administrative Judge Dr. Jerry R. Kline Administrative Judge Atomic Safety & Licensing Board Atomic Safety & Licensing Bd. U.S. Nuclear Regulatory Commission Washington, D.C. 20555 U.S. Nuclear Regulatory Comm.,' J, Washingten, D.C. 20555 ' fig I$ 2'

- -. = - ~. -... ~ 9 Mr. Frederick J. Shon Mr. Frank R. Jones Administrative Judge Deputy County Executive Atomic Safety & Licensing Board H. Lee Dennison Building j U.S. Nuclear Regulatory Commission Veterans Memorial Highway i Washington., D.C. 20555 Hauppauge, New York 11788 i .11 Stewart M. Glass, Esq. Joel Blau, Esq. 1 Regional Counsel New York Public Service Comm. ) Federal Emergency Management Agency Gov. Rockefeller Building j New York, New York 10278 Empire State Plaza Albany, New York 12223 A Atomic Safety and Licensing .1 ' Board Panel Mr.'Stuart' Diamond i U.S. Nuclear Regulatory Commission Business / Financial .i Washington, D.C. 20555 NEW YORK TIMES New York, New York 10036 i MHB Technical Associates .j 1723 Hamilton Avenue j Spence Perry, Esq.

i 4,

i Suite K Associate General Counsel /'l San Jose, California. 95125 Fed. Emergency Mgmt. Agency. 9 i Washington, D.C. 20472 3 l Jonathan D. Feinberg, Esq. ,*/ 9 Staff Counsel E. Milton Farley, III,*Esq. New York State Public Service Hunton & Williams Commission P.O. Box 19230 3 Rockefeller Plaza 2000 Pennsylvania Ave., N.W. u Albany, New York 12223 Washington, D.C. 20036 '.. i Ms. Nora Bredes OdesL.Stroupe,[r.,Esq. Executive Director Hunton & Williams Shoreham Opponents Coalition P.O. Box 109 195 East Main Street 333 Fayetteville Street l Smithtown, New York 11787 Raleigh, North Carolina 27602 l v, / 7 3 Herbert H. Brown 4 KIRKPATxICK & LOCKHART 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 DATE: April 1, 1985

. )'./

3 t Sy Hand l By Telecoev ,1 e - 'W m

. - -..... = i ',. b ua lC) p m

  1. f.

i UNITED STATES 'J Ii* S NUCLEAR REGULATORY COMMISSION {(b ATOMIC SAFETY AND L.lcENSING BOARD PANdlal.f $I,EE 5,,7*.,7;,,/ W ASHINGTON, D.C. 20565 March 21., 1985 i

  • 6

'2 A8 ;d2 j ,.,-wm 1 0, c:.n."; 4 SI :& b*ar.L,6 G .4 L f) /

.. ~.

.\\. -{'. s. MEMORANDUM FOR: William L. C1ements DON Docketing & Service Branch Office of the Secretary FROM: Valarie M. Lane N M k- ) } ,q Secretary to Judge Brenner (,. Atomic Safety & Licensing Board

c. *

SUBJECT:

SHOREHAM NUCLEAR POWER STATION, DOCKET NO. 50-322-OL J: p ..? Please serve the attached letter from Barbara Katz Gruber to Judge Lawrence Brenner to the parties in the above-referenced proceeding. Thank you. Attachment i i ,s V( i l ? j -]N .U - N 10b 966321 ~ i ' N '- PDR ADOCK 05000322 Q ppg , :, m l I

y '. 5?C 25 faiwo I, e .UCoram,'NY Uehkrch 10/.d985 CC:*i ..y ? :. s .i i Judge Lawrence Brenner Atomic Safety License Board i United Scaces Nuclear Regulatory Commission k Washington, D.C. 20555

Dear Judge Brenner:

l As a resident of Suffolk County, I would like to go on record as being (l ,,,i adamantly opposed to any activation of power at LILCO's Shoreham Nuclear Power x! Station, including both low power testing as well as any plans for full-power operation. I agree with Suffolk County's determination that no safe evacuation of 'i residents is possible in the communities surrounding the Shoreham plant. LILCO's contention, recently ruled as an illegal assumption of police jurisdiction. was that company comployees could implemont an evacuation plan of its own design. ] In light of the numerous structural defects and countless mechanical breakdowns which demonstrace LILCO's extreme mismanagement of the plant's construction. it is inconceivable to expect that Suffolk County residents would ever, place their trust in a compnay which has, time and again, proven itself negligent. There are many other issues which one might consider in a discussion of nuclear power; however, these two factors have caused an overwhelming majority i _3 of Suffolk County residents from all political backgrounds to join together in .p,! oppositica to the Shoreham nuclear power plant. As a member of this majority, I implore you to use all legal measures to ensure the abandonment of LILCO's v i nuclear plant at Shoreham. i I Sincerely, ~ s

Lh ce_I../

Barbada Katz Gruber .l 4503250107*990321 i PDR ADOCK 03000322 i O PDR .3 s 9 N 5 Ip 977 % f, ..e** .<..v.-...> >.m

7 / d b-a4CXET.4U392R - g [ l maumum._ FARMINGDALE PUBLIC SCHOOLS i I Van Cott and Grant Avenues, Farrningdale, N.Y.2 11735 I Office of the Superintendent + (516) 752 6510g. FRED BROCKMANN l] ! Superintendent of Schools 'i! I h & .. i f. '. 3l t? :' March 11, 1985 i l ,I .;EwED APR b 1.%5 l Mr. Frank M. Rasbury l Executive Director Nassau County Chapter American Red Cross -l1 264 Old County Road Mineola, NY 11501 , j k \\

Dear Mr. Rasbury:

,1 The Farmingdale Board of Education has directed me to communicate our W l distress to you about the American Red Cross' involvement of the Farmingdale Public Schools in the LILCO plan for evacuation in the event of a radiological. accident at the Shoreham Nuclear Plant. f I We wish 'o 'go on record that we are not participants in this l program. I am seriously concerned with the fact that earlier communications from your organization to the Farmingdale Public Schools made absolutely no I mention of this new dimension to your needs or plans in this regard. l A letter of October 19, 1984, from Mr. Paul Foley, indicated "Your j school could be called on at any time to shelter people during a diaster. The hurricane season is now upon us, so we take this opportunity to ask. you to inform your staff, of our disaster shelter program." Your. letter implies' that you would like to " update your records" and although we have done that in' good faith, we do not feel this obligates us at all to the LILCO program. We are seriously concerned about information that we have received that emergency centers in the local plan would carry on decontamination activities. l l Please be advised, therefore, that the Farmingdale Public School l j ! District has not entered into any agreement with you or LILCO to serve as a lll relocation center or as a decontamination and monitoring facility for Shoreman emergency. Any such agreement would have to be approved by the Farmingdale Board of Education, anc no suon approval nas been granted. j i s = 0 h 3wP

4 W e ~ Mr. Frank M. Rasbury March 11, 1985 'We have entered into an agreement with you to serve as a mass-care shelter, but that agreement does not grant the American Red Cross or. LILCO permission to use our buildings as a relocation

center, or as a

decontamination or monitoring facility, pursuant to LILCO's proposed plan to deal with a radiological emergency at Shoreham. \\ Sincerely yours, Fred Brockmann Superintendent of Schools ~ ( /dm cc: Board of Education Morton Margulies Administrative Law Judge .J ! U.S. Nuclear Regulatory Commission U-Mr. Howard'M. Koenig ~ l Superintendent of Schools 7 East Meadow U.F.S.D. ' 9 3 l ..) m e 'em , Mes e e

a,,. w u egaggaptouA NSW YORK 11758 ,L :! l 1 '1 i . anon esse m J. GetdeDO .. a. ..,,,r.ra crece op w wesamreeNt enasocPeWo* * - :.. 2 et e -n l j -one4 e *= mum

  • imuses a manno assuran.ise===ep.,

ff j i i ja=***** N 8'"'"" uni, m , u. - - i j 9, i i g %.$ ff.$ suumeum a swee ammene - i

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E'*- 6 saae ass?stase A teamh 3*'e.g. ag.e. { _ j j $0tyfD $ 4 naren 1.'., i m "2 pgkh ; 1 u.z. qc I ars Freak m. W ' E;;i'$fh i t messe.ies me.o.or.e meses cometr v.wg : i Chapter of the'American and crees <b-j 364 384 caemery Seed w efo w < ] D ats.eela, ase, Beek, 11901 s. r .,...,3,. ,{ l,

ha, ' st. l

',w s-W 3;j![d%,$ ; i-seer nr. Seeberys 7 .1 ~ S:.- J s

me per~peos et this letter is te adiriae that the massapequa seard of' O@g"e that the American Red
  • 8===*4%and this eritier have amar f*:,caemshesjemedgemenftemmeiiFediW fi inassapeque migh.Scheell.

M11$ there is'a nuclear, '. - 'W I ,.,, g g g g-m g s. 'z. f/ %26 Q M M @id that-the assempee m sehesis does:not consider thed;%) O 6 fN;ls @(( d,5,u,7 1. ,i. 1 Psamme. 6s.jiteide i eI steedtog agreeniet totenes ser M distriot and the american med cross, ' l uhich wee sesselsted la i m, to sever s'rediological emergency. ' H 44 is Aesording1y, as 91strist superintendset of schoots and the trocutive b l Officer of the mesespegue Seard of adenotion, I en advising you that we have 'ij ) est emessed inte ear agressent to serve as a relosettom eester or as a ^f { dessetmedastion and semitoring facility, in the event of a radiological emergemey at shorehen. Very

yours,

/ s \\R l A 1 0 Q v.. b j MWbr ert' #J. Pl(u/ sc au 4 S rintendent of Schools ? Se - m.f@i,. 21y ,k,. 9,. s f

mm.. 1g,w w1 .. wn uu. gA XORTE M3RRECX ) \\!]FGtIN __ UNION FREE SCHOOL DISTRICT. i' y Pg ,g !] 1775 OLD MILL ROAD MERFICK, N.Y.11566 ') BOARD of EDUCATION Vincent J. Paradise i March 5,Q'Up..,.e..' 1) Margaret R. LaS8e 3 [" v w m o.m i j Norcert seg Honorable Morton B. Margulies, [*,'[ ^f,j7 Administrative Law Judge MN gg sonne. stanton Atomic, Safety & Lincensing Board Panel Paul A. sienino U.S. Nuclear Regulatory Commission June N. Irvm, Ed. D. Washington, D.C. 20555 Supenmendent at scncome j Jay sorofsky

Dear Honorable Margulies:

i i Treasurer j r r.ne. E. s,noi.v, Esq. I recently became aware that in official testimony cauaa' before the Nuclear Regulatory Commission, LILCO and the .J Fran Einhorn Nassau Chapter of the American Red Cross have committed l c*ac' ca'a the North Merrick school facilities, along with 52 other i school districts in Nassau Cotre.ty, to a LILCO plan of j evacuation in the event of a radiological accident at j the Shoreham Nuclear Plant. 1 The North Merrick School District has not been-contacted regarding this matter by either the Red Cross. or LILCO. 2 Please be advised that the North Merrick Union Free f I School District has not' entered into any agreement with the American Red Cross or'LILCO to serve as a relocation center, or as a decontamination and monifxring facility for a Shoreham emergency. Any such agrenrant would have j to have been approved by' the North Merrick' Eoard of ~ Ed-l ucation, and no such approval has been grantad. The North Merrick School District did agree to allow the American Red Cross to use school' district facilities l for a mass care shelter in the event of a natural disaster, '{ but that agreement does not grant the American Red Cross or LILCO permission to use our facilities as a relocation center, or as a decontamination and monitoring facility, pursuant to LILCO's proposed plan to deal with a radio-logical emergency at Shoreham. ) I am appalled and outraged at the misrepresentation of the Red Cross and LILCO.

  • l S cerely, d

48 .,0 i ) 3 ~, June N. Irv n, Ed.D. 3 r l ,JNI:ce Superintendent of Schools a 4 m

L 4. g _.a s. r v ' Lawrence Public Sch6als Pest Othee Box 488 Telepnone Cedarhurst. New York 11516 516.295 2700 Alwn J, Baron n N: a ,/ /( ' d t". *. 7. February 26,'lT8$ ]; ye M<harl A. Mana

  • i,d,g,.$j m *:.:n:...u en, >

e 7t. !?t* 34 (, Mr. Morton B. Margulies cb%t., ] r i Adminiatretive Law Judge

4. f Atomic, Safoty & Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

20555 SERyD) ERR q 4er tir. Margulies: I have "recently become aware that the American Red Cross and the Long Island Lighting Company have designated the campus of the Lawrence Junior High School as a relocation center in i the event of a radiological emergency at the Shoreham Nuclear Power Station. Please be advised hat the Lawrence Public Schools have not entered it.tofany, agreement'with the American Red Cross or LILCO ~ to serve as' s relocation center, or as a decontamination and monitorf,ng fath.lity, for a'Shoreham emergency. Any such agreemcht ny;JJ have to have been approved by us, and.no such approval. hn/been granted. The' Lawrence School District has enter 6 d-ince: an agreement with'the American Red Cross con'cerning the'use'of the district schoels as mass care shelters, but 3 that' agreement' does not grant the American Red Cross or LILCO permission to use our campuses eis relocation centers, or as decontaminction and monitoring facilities, pursuant to LILCO's ' I proposed plan to deal with a radiological emergency at Shoreham. In addition, the Governor of the State of New York has determined th.t abo State of New York will not participate in the implementation of the off-site radiological emergency response. plan for Shoreham proposed by LILCO. In accordance.with the Govsenor's position, the campuses of the Lawrence Public Schools will n! c be available to the American Red Cross or LILCO for use in implementing the LILCO Plan. As Superiintendent of the Lawrence Public Schools, I am advising ryou that we have not entered'into any agreement to serve as -1 a' relocation center, or as<a' decontamination and monitoring. facility, in the event of a radiological emergency at Shoreham. 4 .Very truly

urs, j

j' Alvin J. aron h. AJB:JB Superintendent. / a. c.:. Members.of the_ Board of Education 4 Mr. Carson M m e ,in LAWRENCE UNION FREE SCHOOL DISTRICT '6 D u a ' e n,u f. u L.fpp 3

... ~.... UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION. In the Matter of LONG ISLAND LIGHTING COMPANY Docket No.(s) 50-322-0L-3 a l ' l (ShorehamNuclearPowerStation, Unit 1)- / j 1 CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document (s) k upon each person. designated on the official service list. compiled by the Office of the Secretary of the Comission in this proceeding in accordance

i )

with the requirements of Section 2.712 of 10 CFR Part 2 - Rules of Practice, of the Nuclear Regulatory Comission's Rules and Regulations. 1 i i s l r Dated at Washington, D.C. this h day of 198 8', l$f& Mfide 'of the Secretary of the Comission bY6 b t . h d,bGfD ? idl & (p g w M I,( r i n,. ,c n o' k \\. ,g g, s [I'-' ' }, - ;4l .s '1 i t ~) ,l 'hI_ f g-

_.._.___u._ i if UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ? In the Matter of ) ) LONG ISLAND LIGHTING COMPANY ) DocketNo.(s) 50-3220L-3 g ) (Shoreham, Unit 1) ) , i ) SERVICE LIST Margulies Esq Chafrman Donna D. Duer, Esq. Morton B.fety'and Licensin,g Board Atomic Sa Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Commission } Washington, D.C. 20555 Washington, D.C. 20555 Dr. Jerry R. Kline Donald P. Irwin, Esq. Atomic Safety and Licensing Board Hunton and Williams U.S. Nuclear Regulatory Comission P.O. Box 1535 Washington, D.C. 20555 Richmond, Virginia 23212 i Mr. Frederick J. Shon a Jeffrey L. Futter, Esq. ~ Atomic Safety and Licensing Board. Long Island Lighting Company U.S. Nuclear Regulatory Comission 250 Old Country Road i i Washington, D.C. 20555 Mineola, New York 11501 -Alan S. Rosenthal, Esq., Chairman ) Atomic Safety and Licensing Appeal Board, U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Gary J. Edles Atomic Safety and' Licensing Appeal Board U.S. Nuclear Regulatory Comission j Washington, D.C. 20555 Howard A. Wilber Gerald C. Crotty, Esq. Atomic Safety and Licensing Appeal Beard - Counsel to the Governor Executive Chamber U.S. Nuclear Regulatory Commission State Capitol Washington, D.C. 20555 Albany, New York 12224 Counsel for NRC Staff Office of the Executive Legal Director Ben Wiles, Esq. U.S. Nuclear. Regulatory Comission Assistant Counsel to the Governor Washington, D.C. =20555 . Executive Chamber State Capitol Albany, New York 12224 y 1,

7;. 't ame i Board and parties - continued 50-3220L-3 Honorable Peter Cohalan Jay Dunkleberger, Esq. Suffolk County Executive New York State Energy Office County Executive /Legistlative Building Agency Building 2 Veteran's Memorial Highway Empire State Plaza Hauppauge, New York 11788 Albany, New York 12223' Stephen Latham, Esq. l Twomey, Latham and Shea P.O. Box 398 Riverhead, New York 11901 i ) i Christopher M. McMurray Ralph Shapiro. Esq. i Virkpatrick, Lockhart, Hill, Cammer & Shapiro, P.C. Christopher and Phillips 9 East 40th Street 1900 M Strert, N.W., 8th Floor New York, New York 10016 Washington, D.C. 20036 ~ James Dougherty, Esq. Robert Abrams, Esq. 3045 Porter Street, N.W. Attorney General { Washington, D.C. 20008 New York Department of Law 2 World Trade Center., Room 46-14 N'" O N ' "" Fabian Palomino, Esq. Special Counsel to the Governor Executive Chamber I State Capitol, Room 229 Albany, New York 12224 y Martin Bradley Ashare Esq. Suffolk County Attorney H. Lee Dennison Building ~ Veterans Memorial Highway Hauppauge, New York 11788 Ms. Nora Bredes Executive Coordinator - S0C 195 East Main Street Smithtown, New York 11787 i e .) [ y u~

~~ 0, / o t,, - e a $a$b hEa$0W ?dall 07EE bCl200$ bl$bilab CARMAN AVENUE, EAST MEADOW, NEW YORK 11N if[g I 516-794 7000 OFFICE OF THE SUPERINTENDENT OF Sho@ [ pp @ GFFIC' Of SEREiAn - i 60CMEhlNG &.SERvlCt' IAANCH il h February 15, 1985 j 00CKN h0MBDt Mtoo.atmL.7Ac.. Q.,_,, 3 Q M.*3 Mr. Morton B. Margulies SERVED FEB 21 BBS -'l Administrative Law Judge Atomic, Safety & Licensing Board Panel l U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Margulies:

j I have recently become aware of the fact that the i American Red Cross and the Long Island Lighting Company have, in official testimony before the Nuclear Regulatory Commission, designated the facilities of East Meadow Union Free School. District as a " congregate care center" in connection with the utility's evacuation plan for the Shoreham Nuclear Plant. Apparently, the basis of this claim is an agreement signed by East Meadow in 1978 which indicates our willingness to cooperate with ) the Red Cross in the event of a natural disaster. Please be advised that the East Meadow School District i is under no obligation, contractual or otherwise, for the use of our schools in the event of a radiological accident at Shoreham. Neither the Red Cross nor Lilco has contacted us regarding this + l matter and their presentation to the NRC is, therefore, a misrepresentation of the truth. In addition, the Governor of the State of New York has-determined that the State of New York will not participate in the implementation of the Lilco designed and Red Cross sponsored evacuation plan and has characterized Lilco's plan as illegal in that the Corporation assumes powers normally reserved to 7$< government. I It 4 Ed1 1 i ~ C L, [ Y

.. ~ ~ 1 ...- d J j 4 ' s. I I 7 On behalf of the East Meadow Board of Education, which commenced this letter through official vote, I am a,dvising you that the facilities of East Meadow Schools will not be available 3 to the American Red Cross or Lilco for implementing the Lilco evacuation plan and that we have not entered into any agreemere for the use of our schools for purposes of monitoring, 4 decontamination, or relocation in the event of an. emergency m Shoreham. Si

erely, XM; Howard M. Koen I
k. l Superintendent o 1s I'

cc: Iong Island Lighting Company American Red Cross i D l i \\ 4 I e ', .d - ) f --N m.f q m-e

e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ~ In the Matter of ) ~S LONG ISLAND LIGHTING COMPANY Docket No.(s) 50-322-0L (Shoreham Nuclear Power Station, ) ~ Unit 1) ) .q 3 CERTIFICATE OF SERVICE + I hereby certify that I have this day served'the foregoing ' document (s) upon each person designated on the official service list compiled by the Office of the Secretary of. the Comission in this proceeding in accordance. with the requirements of Section 2.712 of 10 CFR Part 2 - Rules of Practice, of the Nuclear Regulatory Comission's Rules and Regulations. Dated at Washington, D.C.'this 1 f h / day of - 0 ~ 198 / / j d '.z.: . ;l4L.. ,6ffice of he Secretsry of the Cc" mission r. ' i

.f 3i e

6

, t UNITED STATES OF AMERICA ) NUCLEAR REGULATORY COMMISSION ) In the Matter of ) .,N ) ) LONG ISLAND LIGHTING COMPANY ) DocketNo.(s) 50-3220L-3 ) i (Shoreham, Unit 1) ) 1 ) l '4 ^ SERVICE LIST 2 l Ma rgul f e Esq Cha f rhan Donna D. Duer, Esq. d, fAorton8 tomic Safety' and [lcensin,g Board i Atomic Safety and Licensing Board Panel. U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comiss. ion Washington, D.C. 20555 Washington, D.C. 20555 1l \\ Dr. Jerry R. Kline Donald P. Irwin, Esq. r Atomic Safety and Licensing Board Hunton and Williams U.S. Nuclear Regulatory Commission P.O. Box 1535 Washington, D.C. 20555 Richmond, Virginia 23212 Mr. Frederick J. Shon Jeffrey L. Futter, Esq. l Atomic Safety and Licensing Board Long Island Lighting Company i U.S. Nuclear Regulatory Commission 250 Old Country Road Washington, D.C. 20555 Mineola, New York 11501 Alan S. Rosenthal, Esq., Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Comission i Washington, D.C. 20555 Gary J. Edles Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Gerald C. Crotty, Esq. Howard A. Wilber Counsel to the Governor Atomic Safety and Licensing Appeal Board Executive Chamber U.S. Nuclear Regulatory Commission State Capitol Washington, D.C. 20555 Albany, New York 12224 Counsel for NRC Staff Ben Wiles, Esq. Office of the Executive Legal Director Assistant Counsel to the Governor U.S. Nuclear Regulatory Comission Executive Chamber Washington, D.C. 20555 State Capitol Albany, New York 12224 9}, J. q 4

m ~ 6 Board and parties - continued 50-3220L-3 Honorable Peter Cohalan Jay Dunkleberger, Esq. Suffolk County Executive New York State Energy Office 'i County Executive /Legistlative Building Agency Building 2

j j Veteran's Memorial Highway Empire State Plaza

~ I Hauppauge, New York 11788 Albany, New York 12223 'IJi Stephen Latham, Esq. i' Twomey, Latham and Shea P.O. Box 398

i Riverhead, New York 11901

\\ 1 2'I Christopher M. McMurray Ralph Shapiro, Esq. ,1 Kirkpatrick, Lockhart, Hill, Cammer & Shapiro., P.C. ~, Christopher and Phillips 9 East 40th Street 1 i 1900 M Strert, N.W., 8th Floor New York, New York 10016 Washington, D.C. 20036 James Dougherty, Esq. Robert Abrams, Esq. ~~ 3045 Porter Street, N.W. Attorney General Washington, D.C. 20008 New York Department of Law I 2 World Trade Center, Room 46-14 New York, New York 10047 Fabian Palomino, Esq. Special Counsel to the Governor Executive Chamber State Capitol, Room 229 r Albany, New York 12224

y i

Martin Bradley Ashare, Esq. } Suffolk County Attorney i l H. Lee Dennison Building J' Veterans Memorial Highway Hauppauge, New York 11788 Ms. Nora Bredes Executive Coordinator - SOC 195 East Main Street Smithtown, New York 11787 j l, 4 f f i f C' __-}}

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