ML20215N008
| ML20215N008 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 10/28/1986 |
| From: | Lazarus W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Brons J POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| References | |
| NUDOCS 8611040166 | |
| Download: ML20215N008 (5) | |
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OCT 2 81986 Docket No. 50-286 Power Authority of the State of New York ATTN: Mr. J. C. Brons Senior Vice President -
Nuclear Generation 123 Main Street White Plains, New York 10601 Gentlemen:
Subject:
Additional Information From FEMA Region II Enclosed for your information is a letter from the Federal Emergency Manage-ment Agency (FEMA) which includes an attachment to FEMA's Finding originally provided to us on September 17, 1986.
It includes as an attachment a letter from. Mr. S. Glass, Regional Counsel for FEMA Region II to Mr. 'J. D. Papile, Director, New York State Radiological Preparedness Group dated July 23, 1986 which addresses the. legal questions referencing FEMA's need for Letters of Agreement to assure availability of various school district resources in Rockland County.
Sincerely,
/
ccw 11 J'
zarus, Chief E
ency reparedness Section Division of-Radiation Safety and Safeguards
Enclosure:
As stated cc w/ encl:
W. Josiger, Resident Manager L. W. Sinclair, President J. P. Bayne, First Executive Vice President and Chief Operations Officer Gerald C. Goldstein, Assistant General Counsel A. Klausmann, Vice President - Quality Assurance F. X. Pindar, Quality Assurance Superintendent G. M. Wilverding, Chairman, Safety Review Committee M. Blatt, Director, Regulatory Affairs (Con Ed)
NRC :.1:ensing Project Manager Dept..of Public Service, State of.New York
'Public Document Room (PDR) local Public Document Room (LPDR) 7 Nuclear Safety Information Center (NSIC) 5 a}f NRC Resident Inspector I
State of New York l
l 8611040166 861028 PDR ADOCK 05000286 p
- Power Authority of the 2
State of New York bec w/ encl:
Region I Docket Room (with concurrences)
DRP Section Chief Robert J. Bares, DRSS T. Martin, DRSS R. Bellamy, DRSS E. Fox, DRSS J. Hawxhurst,DRSS D. Matthews, IE F. Kantor, IE B. Meck, IE
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Federal Emergency Management Agency r
' N, Region II 26 Federal Plaza New York, New York 10278 July 23, 1986 James D. Papile, Director Radiological Emergency preparedness Group
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New york State Department of Health Corning Tower Albany, New York 12237 This letter is in response to your inquiry concerning the position of FEMA as it relates to the need for letters of agreement.to assure the svallability of various school district resourcos in light of Local Law No. 14 of 1984 and Local Law No.
5 of 1985, County of Rockland, State of New York and in consideration of Executive Law Article 2B. Though, it is not usually FEMA's policy to make determinations as to the validity of State or local laws, it is important in the course of the review of a Radiological Emergency Response plan for. FEMA to have a clear understanding of these laws. The legality'of these laws have important ramifications on the ability of state and local responders to carry out their assigned tasks as described-in those plans.
l Numerous discussions were held concerning the need for letters of agreement as they relate to various school facilities in Rockland County. This office has been in constant communication with C.
Roger Lunder, Esq., counsel to the Division of Military & Naval Affairs for the State of New York and John Lamberski, Esq. of the New York Power Authority. The questions that follow are based information brought to light during those discussions and' on upon a review of the following documents:
a) Local Law No. 14 of 1984, and Local Law No. 7 of 198$, County of Rockland, State of New York; b)
N.Y.S.
Executive Law, Article 2B, sec.20-29d (McKinney, 1982) updated by 1986 pocket parts.
c) 1980 Op. Atty. Gen.
N.Y.
19 (December 30, 1980) d) 1979 op. Atty. Gen..N.Y. 21 (August 24, 1979) e) 1981 N.Y. Laws Ch. 708, plus accompanying Executive memorandum f) 1978 N.Y. Lawa Ch. 640, plus accompanying Executive memorandum.
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f The argument espoused in Mr. McGuire's letter of March 31, 1986 to Mr. papile is that because the Rockland County local law provides that the authority of the County Executive to declare a local state of emergency is mandatory rather than discretionary there is no need for letters of agreement. This interpretation raises a number of questions. The Rockland County local law is predicated on the authority provided in New York State Executive Law Article 2B, in particular sections 24 and 25. Section 24 i
states that the Chief Executive may declare a local state of
' emergency and pursuant to that state of emergency may, in addition to other powers, designate " specific zones within which the occupancy and use of buildings msy be prohibited and regulated".
The County appears to rely upon this language when it states there is.no need for letters of agreement with th*
local school districts.
A review of the 1960 op. Atty. Gen.
N.y.
19 (December 30, 1980) does not present such a broad interpretation, it stat-es that long an the property is within the pursuant to section 24 as territorial limits of the locality and the other requirements of section 24 (1) are met...
"the chief executive may declare a state of emergency".
section 25 clearly refers to "the use of local government resources in a disaster". The section is even titled as such.
Therefore the question is whether school buses and school buildings are local government resources. The 1980 opinion goes further in its review to discuss "whether and under what political subdivistor. is circumstances the chief executive of a authorized pursuant to section 25 of Article 2-n to utilize
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school buses in order to cope with a disaster or resulting emergency."
The response to this question appears to address th#
main issue before un today.
Without restating the whole opinion it appears that the opanzon finds that a school district is a separate political subdiv asiof' within the meaning of section 25 (3) (cites omitted) and therefore may provide assistance to the chief executive of sbo county "as may be mutually agreed to by the chief executive and the school district". The language of this section appears to require the permission, or at the very least, the acquiescence of the political subdivision to utilize its facilities. It would therefore appear -that letters of agreement would be requir ged in advance to allow FEMA to analyze the terms and conditions
. sat are agreed upon in order to determine whether the plan of ection meets the requirements of NUREG 0654.
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Even if it was found that the county's interpretation of the implications of Sections 24 and 25 of their local law was such that they have the authority by operation of law to assuse the utilization of the resources of the local school districts and if no letters of agreement were needed, FEMA would still need some proof that the soure of these resources was aware of their role in the plan and were prepared and capable of fulfilling that role, even if it was limited to providing buses, or clearing schools for other uses.
(i.e. reception centers, etc.)
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If-any changes have occurred in the law as written that would affect the conclusions drawn in the original 1980 decision or would change the interpretation provided in that decision or g
if there is additional information available that would tend to present another conclusion I would appreciate receiving it at j
your earliest convenience.
Very truly yours, h.
Stewart M. Glass Regional Counsel bec C. Roger Lunden John Lamberski Spence Perry Phil McIntire h
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