ML20236F007

Advises That Commission Actions Have Fouled Emergency Planning Rulemaking & Requests That Commission Either Reject & Disregard Ltrs by Members of Congress or Commence Fresh Rulemaking & Afford Public Opportunity to Comment

ML20236F007
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	10/27/1987
From:	Brown H KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SUFFOLK COUNTY, NY
To:	Bernthal F, Roberts T, Zech L NRC COMMISSION (OCM)
References
CON-#487-4704, FRN-52FR6980, RULE-PR-50 OL-3, NUDOCS 8710300100
Download: ML20236F007 (2)

Text

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DOCKET NUMBER PR 50 PROPOSED RULE (52 FR 6980)

EMERGENCY PLANNING i'

KIRKPATRIC%$OCKHART SOUTH LOBBY 1rTH n.coR EXCHANot rVCS y, 5) 77ATs smrT

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inux 4Mhh ,, a m Trucory.A con nStico rrrT58UROH. rA 15221.HM tilD W W HERBERT H. BROWN con n59en October 27, 1987 BY HAND _

Lando W. Zech, Jr., Chairman Commissioner Frederick M. Bernthal Commissioner Thomas M. Roberts Commissioner Kenneth M. Carr Commissioner Kenneth C. Rogers U.S. Nuclear Regulatory Commission 1717 H Street, N.W.

Washington, D.C. 20555 Re: Emergency Planning Rulemaking l

Dear Mr. Chairman and Commissioners:

l We are writing on behalf of our client, Suffolk County, and with the authorization of the State of New York, in reference to three letters written last week to the Chairman by several Members of Congress and in reference to the Commission's October 22 briefing on the proposed emergency planning rule.

It was inappropriate for the Commission to consider the contents of the subject letters and to discuss the merits of them ,

with the Staff. The letters, which object in the most pointed )

terms to the Staff's recommendations for the proposed rule in SECY-87-257 and urge radically different actions, do not even give lip service to public safety. Any reliance by the Commission on these letters would be unlawful as sanctioning the ,

operation of a nuclear plant in circumstances where the requisite l public safety finding cannot be made. Moreover, the fact that i the Commission has considered these letters without having afforded other interested persons an equal opportunity to present md their views was not only insensitive to public concern for the

$ E*, integrity of this rulemaking, but procedurally irregular and i

{g slanted to disfavor the legitimate bases upon which Suffolk

,o County and New York State have acted to protect their citizens.

e *~ 10/27..To OGC for Appropriate Action..Cpys to: RF, DSB, EDO d$ 87-1251...(Please advise SECY of action taken)

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Ex-Parte-- (Served in the PDR).

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U.S. Nuclear Regulatory Commission '

October 27, 1987 Page Two-The Commission's actions have fouled the-rulemaking.

Therefore, the Commission must either reject and disregard the subject letters or commence a fresh rulemaking and afford the public an opportunity-to comment.

Very truly yours, Herbert H. Brown cc: Fabian G. Palomino, Esq.

Special Counsel to the Governor of New York William Parler, Esq.

• General Counsel U.S. Nuclear Regulatory Commission

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