ML20235A826

Affidavit of CA Daverio.* Advises That Determination Re Need for Addl Full Participation Exercise Far Enough in Advance of 880213 Imperative to Permit Util to Make Timely Request for Extension If Needed & Justified.Certificate of Svc Encl

ML20235A826
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	12/23/1987
From:	Daverio C LONG ISLAND LIGHTING CO.
To:
Shared Package
ML20235A809	List: ML20235A805 ML20235A826
References
OL-5, NUDOCS 8801130060
Download: ML20235A826 (7)

Text

_

4 * .

00CKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 88 JAN 11 A10:40 Cfr:cg 37 ; ,pg fj f Before the Atomic Safety and Licensing Board 00CKEigj EH M.E In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-5

) (EP Exercise)

(Shoreham Nuclear Power Station. )

Unit 1) )

AFFIDAVIT OF CIIARLES A. DAVERIO Charles A. Daverlo, being duly sworn, deposes and says:

1. My name is Charles A. Daverio. My business address is Shoreham Nuclear Power Station, P. O. Box 628, North Country Road, Wading River, New York 117')2. My current assignment is Manager, Nuclear Operations Support Department.

2. I have been employed by LILCO since February 1976. During that entire period I have been involved in work associated with LILCO's nuclear power program.

Since 1981 I have been actively and continuously involved with issues involving emer-gency planning and preparedness for the station. Among my tasks, in various positions, have been (1) responsibility for supervision of the organization which developed the Local Offsite Emergency Response Plan for the Shoreham Nuclear Power Station; (2) participation in the development and execution of the February 1986 Exercise; (3) responsibility for development of procedures, training and drills for the Local Emer-gency Response Organization (LERO), which executes the Shoreham offsite emergency plan; and (4) testimony as an expert witness on emergency planning matters in both the planning ("OL-3") and exercise ("OL-5") litigation dockets in this case.

8801130060 880106 PDR ADOCK 05000322 G PDR t____________________________________ . - - - - . _ _ - - _ --

e.

3. The exercise conducted on February 13,1986 (if found to be satisfactory on the merits) is effective for licensing purposes for 24 months, or until February 13, 1988. 10 CFR Part 50 App. E,1 IV.F.1,52 Fed. Rec.16,823 (May 6,1987). Thereaf ter, an extension of the effectiveness of the February 1986 Exercise would have to be ob-tained for the exercise to be usable in any direct fashion to support issuance of a 11-cense to operate in excess of 5% of rated power.

4. It takes approximately fcur months under standard FEMA procedures to plan for a full participation exercise. Af ter the exercise, FEMA typicsily requires 30 to 60 days to issue a Post-Exercise Assessment. Litigation of exercise results, if per-mitted, can be lengthy. Initial pleadings concerning what has become the "OL-5" dock-et were filed in March 1986; the Commission ordered on June 6,1986 that any litigation ,.

be expedited, CLI-86-11,23 NRC 577; the Licensing Board decision now being appealed from, LBP-87-32, was issued December 7,1987. Thus if the Shoreham case is any guide, the entire exercise cycle (apart from litigation) takes about 6 months, and post-exercise litigation can consume upwards of 18 additional months.

5. Remedial exercises, depending on their nature and scope, can of ten be planned, executed and reviewed (independent of any litigation) in as little as a matter of several weeks.

l 6. If the ultimate result of the Commission's deliberations on the 1988 Shoreham Exercise is that no remedial exercise, or a relatively small remedial exercise, is needed, then any extension of the effectiveness of the February 1986 Exercise could be relatively brief. The exact length would depend on the timing of the Licensing Board's decisions, the nature of any remediation required, the availability of FEMA b

1 t

l

.)

{

resources to plan, observe and review the exercise, and the nature of post-exercise liti- 'j l

gation, if any. The duration needed would also depend on the duration of remaining liti-gation in the related OL-3 (" Plan") docket.

7. It cannot be told definitively whether the result of the Licensing Board I decision here under review will be that LILCO will be required to plan to conduct a complete " full participation" exercise as a predicate to obtaining a license. If that turns out to be the result, the Company's planning would have to be consistent with the timing considerations in 14 above. Apart from post-exercise litigation, at least six months would be required. If further litigation is required and it follows the course of the current litigation, it could potentially take another two years. The effects of this prospect include:

a. There might be little or no use in seeking an extension of the valid-ity of the February 1986 Exercise, and its value for the licensing process could be sub-stantially reduced or even destroyed.

b. The Company would have to continue to carry the costs, averaging about $30 million per month, on its nearly $5 billion investment at Shoreham.

c. The Company will have to contend with the December 3,1987 de-cision of the New York Public Service Commission. That decision states that unless LILCO can provide it by about April 1988 with "a clear basis for high confidence that Shoreham will operate to meet the 1989 peak season and beyond" the Commission may i

begin to alter adversely its previous rate treatment for LILCO. New York Public Ser-t vice Commission Case 29484, Opinion 87-26, at 8.

1

t - ,

8. For the reasons stated above, the licensing path for Shoreham looks con-siderably different if a second full participation pre-licensing exercise is required to be held than if one is not. For the same reasons, it is imperative to determine whether another full participation exercise will be necessary far enough before February 13, 1988 to permit the Company to make a timely request for an extension, if one is needed and justified. 1 l

I l

. i

. A' Charles A. Daverio .

1 1

Subscribed and sworn to before me this 23'd day of December,1987.

JAMES A. LITTLE NOTARY PUBUC, State of New York l  !/ M es 4 }7 O_ _

lil- -?,"?,*'.

"?' ?c'.'?..:

, hf.Y, .C h My commission expires: 7btv /8 /787 0

i

_________________._m__- _ _ _ _ _ _ _ _ _ _ _ _ _ . _ -

Q * .

LILCO, January 6,1988 00LKETED USNkC CERTIFICATE OF SERVICE '88 JAN 11 A10:40 0FriCE OF H Lnt.iAD 00Ch[IlNG A $[4VlCf, In the Matter of BRANCH

> LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322-OL-5 I hereby certify that copies of a letter to Alan S. Rosenthal, Esq., Chairman and Mr. Howard A. Wilber, enclosing a fully executed copy of Affidavit of Charles A.

Daverio dated December 23. 1987 were served this date upon the following by first- '

class mail, postage prepaid.

Alan S. Rosenthal, Chairman Mr. Frederick J. Shon Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board Fif th Floor (North Tower) U.S. Nuclear Regulatory Commission East-West Towers East-West Towers, Rm. 430 4350 East-West Highway 4350 East-West Hwy.

Bethesda, MD 20314 Bethesda, MD 20814 Howard A. Wilber Lando W. Zech, Jr., Chairman Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Appeal Board 1717 H Street, N.W.

Fif th Floor (North Tower) Washington, DC 20555 East-West Towers 4350 East-West Highway Commissioner Thomas M. Roberts Bethesda, MD 20814 U.S. Nuclear Regulatory Commission 1717 H Street, N.W.

John H. Frye, III, Chairman Washington, DC 20555 Atomic Safety and Licer. sing Board Commissioner Frederick M. Bernthal U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission East-West Towers 1717 H Staeet, N.W.

4350 East-West Hwy. Washington, DC 20555 Bethesda, MD 20814 Commissioner Kenneth M. Carr Dr. Oscar H. Paris U.S. Nuclear Regulatory Commission Atomic Safety and Licensing 1717 H Street, N.W. >

Board Washington., DC 20555 U.S. Nuclear Regulatory Commission East-West Towers Commissioner Kenneth C. Rogers 4350 East-West Hwy. U.S. Nuclear Regulatory Commission l Bethesda, MD 20814 1717 H Street. N.W.

Washington, DC 20555 I

James P. Gleason, Chairman Alfred L. Nardelli, Esq.

Atomic Safety and Licensing Board Assistant Attorney General 513 Gilmoure Drive 120 Broadway Silver Spring, Maryland 20901 Room 3-118 New York, New York 10271 Dr. Jerry R. Kline Atomic Safety and Licensing Spence W. Perry, Esq.

Board William R. Cumming, Esq.

U.S. Nuclear Regulatory Commission Federal Emergency Management East-West Towers, Rm. 427 Agency 4350 East-West Hwy. 500 C Street, S.W., Room 840 Bethesda, MD 20814 Washington, D.C. 20472 Secretary of the Commission Mr. Jay Dunkleberger Attention Docketing and Service New York State Energy Office Section Agency Building 2 U.S. Nuclear Regulatory Commission Empire State Plaza 1717 H Street, N.W. Albany, New York 12223 Washington, D.C. 20555 Stephen B. Latham, Esq.

Atomic Safety and Licensing Twomey, Latham & Shea Appeal Board Panel 33 West Second Street U.S. Nuclear Regulatoly Commission P.O. Box 298 Washington, D.C. 20555 Riverhead, New York 11901 Atomic Safety and Licensing Mr. Philip McIntire Board Panel Federal Emergency Management U.S. Nuclear Regulatory Commission Agency Washington, D.C. 20555 26 Federal Plaza New York, New York 10278 Edwin J. Reis Esq.

U.S. Nuclear Regulatory Commission Jonathan D. Feinberg, Eq.

11555 Rockville Pike New York State Department of One White Flint North Public Service, Staff Counsel Bethesda, MD 20814 Three Rockefeller Plaza Alt,any, New York 12223 Herbert H. Brown, Esq.

Lawrence Coe Lanpher, Esq. Ms. Nora Bredes Karla J. Letsche, Esq. Executive Coordinator Kirkpatrick & Lockhart Shoreham Opponents' Coalition South Lobby - 9th Floor 195 East Main Street 1300 M Street, N.W. Smithtown, New York 11787 Washington, D.C. 20036-5891 Gerald C. Crotty, Esq.

Fabian G. Palomino, Esq. Counsel to the Governor Richard J. Zahnleuter, Esq. Executive Chamber Special Counsel to the Governor State Capitcl Executive Chamber Albany, New York 12224 Room 229 State Capitol Albany, New York 12224 1

1

e. , j

r-

, ~ ..

-d-Martin Bradley Ashare Esq. Dr. Monroe Schneider Eugene R. Kelly, Esq. North Shore Committee Suffolk County Attorney P.O. Box 231 H. Lee DennMon Building Wading River. NY 11792 Voterans Memorial Highway Hauppauge, New York 11787 s

(V i '~

Donald P. Irwin Hunton & Williams 707 East Main Street P.O. Box 1535 >

Richmond, Virginia 23212 DATED: January 6,1988 l 1

}

___ _ _ _ _ - _ _ _ _ _ - _ _ _ _ - - _ _ _ _