ML20237E735
| ML20237E735 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 12/18/1987 |
| From: | Harlow D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20237E542 | List: |
| References | |
| OL-3, NUDOCS 8712290154 | |
| Download: ML20237E735 (41) | |
Text
..
LILCO, December 18,1987 n
UNITEI' STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station.
)
Unit 1)
)
LILCO'S MOTION FOR
SUMMARY
DISPOSITION OF CONTENTIONS 5 AND 6 (MAKING DECISIONS AND TELLING THE PUBLIC)
Pursuant to 10 CFR S 2.749, LILCO hereby moves for summary disposition in its f avor of certain " legal authority" issues namely Contentions EP 5 and 6. These conten-(
tions allege that LILCO by itself lacks legal authority to activate the sirens, direct the broadcasting of emergency broadcasting system messages,' and malie decisions and rec-commendations to the public concerning protective actions.
1.' Introduction These contentions are basically about deciding whether the public should shelter or evacuate and telling the public about the decision. LILCO contends that, given the "best efforts" principle of 10 CFR S 50.47(c)(1)(iii), there can be no questicn that the State of New York and Suffolk County would work in cooperation with LILCO in the event of a Shoreham emergency. As is shown below, the existing record provides ample evidence that, as part of a "best efforts" emergency response, the early warning sirens would be sounded, and protective action recommendations would De broadcast to-the public over the emergency broadcasting system.
8712290154 B71218 PDR ADOCK 05000322 PDR g
_g_
As a consequence, there is no genuine issue of material fact lef t to be decided on
' Contentions 5 and 6. The reasons are given below.
II. Argument
.A.
LILCO Would be Allowed to Activate the Prompt Notification System and EBS It is indisputable that the County would agree to sound the warning sirens if the public needed to be alerted, because the sirens are the best way to do it. The adequacy of the Prompt Notification System has been litigated and decided in LILCO's f avor. See LBP-85-12, 21 NRC 644, 756-64. Indeed, issues about the warning sirens were settled as part of " Phase I."
See Resolution of Suffolk County Contention EP 1(A) - Effect of Weather on Sirens (Oct. 12,1982), ff. Tr.14,719.
The sirens are activated by a digital encoder system that transmits an initiating radio signal to each siren.' The State and County do not have the encoder device or the authorization codes necessary to arm and activate the system. Accordingly, if the si-rens_ were to be sounded, they would have to be activated at one of three locations owned by LILCO: the LERO EOC in Brentwood, the Control Room at the Shoreham Nu-clear Power Station. or the Brookhaven Substation. S_ee Admitted Fact 7.M Thus, in the event that the Countyk were faced with a phone call from LERO reporting that there was an emergency at the plant, that a Site Area or General Emer-gency had been declared, and that the public should be alerted, it is clear that Nhe County would tell LERO to sound the sirens because the public deserve to be notified land because there is no reason not to alert them. E Similarly, at other sites in New 1/
" Admitted Facts" are the numbered statements in the " Statement of Material Facts"(Attachment A) attached to LILCO's Second Renewed Motion (March 20,1987).
2/
We will generally refer to Suffolk County as the authority, even though in rare instances it might be the State.
j/
Certainly the New York State laws cited in Contention 5 give no reason why the County could not direct LERO to sound the sirens. For instance. N.Y. Penal Law f
(footnote continued)
1
' York persons other than county officials are allowed to activate the early warning si-rens if the primary activating method at the County EOC should f all.
For instance, the Wayne County Radiological Emergency Preparedness Plan (the
" Wayne County Plan") provides:
3.
THE GINNA PROMPT PUBLIC NOTIFICATION SYSTEM a.
System Design
The Ginna prompt public notification system con-sists of 96 sirens supplemented by monitors inside 1-such f acilities as schools nursing homes, commer-cial and industrial establishments.
b.
System Description
(1)
System control rests with Wayne and Monroe County officials within their respec-tive border. Activation will be coordinated via Executive Hot Line prior to activation.
(2)
Sirens may be activated by ERPA zones (Wayne I, Wayne II, Wayne III and Wayne IV) from the Wayne County EOC. Activation of sirens is the responsibility of the Director, Emergency Management Office.
(3)
Siren and monitors activation will be radio signal. In Wayne County an existing ambu-lance irequency will be used.
I (footnote continued)
I S 190.25(3) provides:
A person is guilty of criminalimpersonation when he:
3.
Pretends to be a public servant, or wears or displays without authority any uniform or badge by which such I
public servant is lawfully distinguished, with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense.
__._m.-____
____ _ -.. _ _ _ _ _ _ _, (4)
Two backup transmitters are available should the primary transmitter be unavall-able for transmitting the alert system activation codes. One transmitter is located in Fire Control and one is located at Robert E. Ginna Nuclear Power Station.
(5)
A digital encoding and decoding system will be employed to insure reliable and secure alert system control.
Redundancy system will be employed, e.g. both primary and backup consoles will be keyed.
Wayne County Plan at F-6 (emphasis added) (Fact 18).M While the Wayne County Plan l
provides that the decision to activate the siren system rests with county officials (as it 1
would, given Cuomo v. LILCO, under the LILCO plan), the NFO clearly has a role in physically sounding the sirens.
The same rationale applies to EBS messages as to sirens. LILCO's EBS messages, as the record shows, are designed to provide information about the accident so that the i
public can accurately as'sess the risk and take appropriate action. Once a County offi-cial had decided that it was appropriate to broadcast a protective action recommenda-tion over the EBS nothing in New York State law (or the Cuomo v. LILCO decision) would prevent him from directing LERO to place the phone call to WPLR-FM, the trig-ger station in the Shoreham EBS network, or WCBS, the lead station in the State sys-tem.
B.
The Functions in Contentions 5 and 6 Would be Performed in a Manner Adequate to Protect Public Health and Safety LILCO submits that further hearings are unnecessary to establish that the State and County could and would take the steps necessary to assure that the functions specified in Contentions 5 and 6 would be performed in a manner adequate to protect 4/
The numbers in parentheses throughout this Motion refer to the numbered state-ments of f act in the attached " Statement of the Material Facts as to Which There is No Genuine Issue to be Heard on Contentions 5 and 6."
_________U
- public health and safety. The reason is that the "best efforts" principle compels certain conclusions about how the County and State would react, as described below.
1.
The State and County Already Have Emergency Response Capabilities a.
New York State The State Radiological Emergency Preparedness Group (REPG), an interagency work group under the auspices of the New York State Disaster Preparedness Commis-sion, has develoned the New York State Radiological Emergency Preparedness Plan (Ad-mitted Fact 34). The State Plan received approval from FEMA on February 1.1985.
State Plan at 1-2.
Thus, the State has already planned for radiological accidents at Indian Point, FitzPatrick, Nine Mile Point, and Ginna. See Admitted Fact 35.
The State Plan specifies that the State Department of Health, the State Emer-gency Management Office (SEMO), and the Radiological Emergency Preparedness Group (REPG) are responsible for the State's response to a radiological emergency:
This Plan places the State lead role during an emergency at any commercial nuclear power plant with the New York State Department of. ealth. The Department of Health is H
charged with the assessment and evaluation of radiological incidents. and with the task of recommending appropriate protective actions. (Protective actions include: sheltering, administration of thyroid blocking agents, ad hoc respiratory protection and evacuation.) The coordination of this assess-ment and evaluation is centralized in the assessment and command rooms at the State EOC. The State Emergency Management Office (Division of Military and Naval Affairs) is the coordinator of State and local operational resources.
Such coordination is centralized in the operations room of the State EOC. The Radiological Emergency Preparedness Group serves as the Disaster Preparedness Commission's field liaisons within the counties, the power plant, and the Joint News Center. The coordination of REPG is centralized in the command and control room at the State EOC. These three State offices perform primary functions in the vital initial stages of the Response phase.
State Plan at 3 (Fact 6).
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The State EOC is located in the substructure of the Public Security Building, State Office Building Campus, Albany, New York (Fact 4). The State Emergency Man-agement Office (SEMO)in Albany can be contacted 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day, using its emergency number: (518) 457-2200.EI (Fact 5).
The State has the responsibility to assume command and control of the local re-sponse in those circumstances where the Governor declares a State of Emergency (Ad-mitted Fact 39) or where the local government is not capable of responding adequately:
In those instances where a county does not have the capabil-ity to implement all or part of its Radiological Emergency Response Plan, or the Chief Executive of a county does not elect to put such a plan into effect, State agencies under the direction of the Disaster Preparedness Commission will implement the county's plan using State and local resources and personnel.
State Plan at I-6 (Admitted Fact 38)(emphasis added); see also N.Y. Exec. Law, Article 2-B, SS 21.f,24.1,28 (McKinney 1982).EI The State Plan thus indicates that if the State is forced to assume command and control of the local response, it will not respond ad hoc but will instead implement the existing local plan using available local re-sources. This has been confirmed by the Governor of New York, who has stated that:
}/
In an affidavit attached to the Interveners' answer to LILCO's Second Renewed Motion for Summary Disposition, the Director of REPG said that the State Police Com-munications Center in Albany has " changed locations," so that the Shoreham RECS line
" terminates in an office that has no role in radiological emergency preparedness." Af-fidavit of James D. Papile, at 3 (Attachment 4 to Answer of Suffolk County, the State of New York and the Town of Southampton to "LILCO's Second Renewed Motion for Summary Disposition of the ' Legal Authority' Issues (Contentions EP 1-10)" (May 11, 1987). He also says the State EOC in Albany is staffed only during ordinary business hours l_d. It goes without saying, however, that LILCO is ready to relocate the RECS drops at its own expense.
s/
New York State law provides that the State Disaster Preparedness Commission is l
to " direct state disaster operations and coordinate state disaster operations with local disaster operations following the declaration of a state disaster emergency...." N.Y.
Exec. Law, Article 2-B, S 21.2.e.
l 1
1
,E:
2 7_
L the State would not in an emergency act inconsistently or in conflict with the County.
Statement by Governor Mario M. Cuomo, Exhibit A to Affidavit of Mario M. Cuomo, Governor of the State of New York, Attachment I to Interveners' May 11,1987 answer to LILCO's March 20,1987 motion for summary disposition.
b.
Suffolk County Suffolk County must plan and prepare for all types of emergencies, apart from those that might arise at Shoreham. Suffolk County's EOC is located at the County De-partment of. Fire, Rescue and Emergency Services (DFRES) which, at the time the Voorhees PlanN was draf ted, was known as the Department of Emergency Prepared-ness:
The Emergency Operations Center for Suffolk County, situ-ated on Yaphank Avenue, is the headquarters for the county response to an emergency at the Shoreham Nuclear Power Station.
The Suffolk County Department of Emergency Preparedness maintains the EOC at all times, both during normal (non-emergency) periods and times of radiological emergency.
This operating of the EOC involves:
assuring security, providing communication, supplying staff needs including food, water, clerical support, display materials, dormitories, aad showers.
Voorhees Plan at 13 (Fact 9). As explained below, the LERO EOC in Brentwood, and
(
not the County EOC, would have to be used as the command and control center during a Shoreham emergency. As the site of the County Warning Point (CWP), however, the County EOC would be the point of first contact between Shoreham and the County in the event of an emergency. The RECS line connects the Shoreham Control Room (and I/
The Voorhees Plan refers to the draf t plan prepared by consultants to the County in 1982 and then rejected by the County. The County judged it to be the "best possible plan" for Suffolk County (Fact 22).
_]
, the LERO EOC) with the DFRES (Admitted Fact 8). The DFRES can also be contacted 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day at its emergency number: (516) 924-5252. The Suffolk County Police Department in Yaphank can be reached at all times by dialing "911"(Fact 10).
It can be predicted which County officials would be in charge of the overall emergency response. The Voorhees Plan provides that the County Executive and the Director of the Department of Emergency Preparedness would have that responsibility:
When a radiological emergency occurs at Shoreham Nuclear Power Station, the command and control functions rest with:
The County Executive The Director of the Department of Emergency Pre-paredness Each of these agencies has been given the responsibility of a distinct area of control.
The County Executive - Strategic Control - Decisions on major responses to be made, approve state recom-mendations for emergency responses, decisions on major adjustments to planned responses already un-derway.
The Director of the Department of Emergency Pre-paredness - Operational Control-Responsible for the execution of the emergency response plan, starting, modifying, stopping individual emergency actions.
Voorhees Plan at 12 (Fact 11). As noted earlier, the Department of Emergency Pre-paredness is now called the Department of Fire, Rescue and Emergency Servicest it is headed by a Commissioner.
2.
Notification Systems are Already in Place to Inform the State and County The means for prompt notification of offsite authorities, including the State of New York, Suffolk County, and LERO, already exist and would be used in the event of a Shoreham emergency. Notification would take place in the same way as it normally would have had the State and County chosen to participate in emergency planning.
.___-______O
_9_
The responsibility for initial notification of offsite response authorities rests with the Control Room Communicator at the Shoreham plant. EPIP 1-5 5 5.1.6. The Shoreham Nuclear Power Station Emergency Preparedness Plan (the "onsite plan") and accompanying Implementing Procedures ("EPIPs") dictate precisely what would happen once an Emergency Action Level (EAL) was exceeded and a declaration of an Unusual Event (or, more rarely, some higher emergency classification) was made. See Admitted Fact 28.
i Section 6.2 cf the onsite plan provides in pertinent part:
1 The Watch Engineer, based upon valid indications of an ex-ceeded Emergency Action Level (Section 4.0) will announce l
-the emergency condition over the page party system, take corrective actions, approve a completed Radiological Emer-gency Data Form (Appendix E), and direct the Control Room Communicator to initiate notifications in accordance with the Emergency Preparedness Implementing Procedures (EPIP) describing notification and communication with emergency response personnel. The Control Room Commu-nicator will notify appropriate c*ation personnel, offsite re-sponse organizations and other personnel in the owner con-trolled area (e.g., St. Joseph's Villa) consistent with the emergency classification and the type of release (Fact 12).
The Control Room Communicator would notify the State, the County, and LERO according to the method specified in EPIP 1-5:
5.1.6 Notification of New York State /Suffolk County /LERO CAUTION YOU MUST HAVE THE COMPLETED RADIOLOGICAL EMERGENCY DATA FORM BEFORE CALLING LERO, THE STATE AND COUNTY. IF NECESSARY, CONTINUE WITH OTHER NOTIFICATIONS UNTIL THE FORM 15 RECEIVED. ALL PARTS CAN BE SENT VIA TELECOPIER CONCURRENT WITH VOICE TRANSMISSION I
a.
Obtain the New York State /Suffolk County /LERO Notification Call Checklist (Attachment 3).
b.
Activate the Radiological Emergency Communications System (RECS) by pushing the button and picking up the receiver; use backup communications, if necessary.
_ _ _ _ _ _ _ - _ _ c.
Make a roll call verification of all agencies on the line.
d.
When you receive verification that an agency is on the line, obtain and record the name of that agency's representative on the New York State /Suffolk County /LERO Notification Call Checklist.
Upon completion of tne roll call, ask individuals to obtain a e.
copy of the Radiological Emergency Data Forms, Parts I,11 and/or III.5/
f.
Read allinformation.
g.
Speak slowly and clearly.
h.
Ask one agency of those on the line to read back the message.
1.
If New York State Warning Point /EOC is on the line, ask them to read back the form.
2.
If a New York State agency is not on the line, ask Suffolk County Warning Point /EOC to read back the form.
3.
If neither New York State nor Suffolk County agencies are on the line, ask LERO to read back the form.
I correct any errors as the form is read back to you.
i.
Record the time of contact and your initials next to the ap-propriate agency on the New York State /Suffolk Coun-ty/LERO Notification Call Checklist ( Attachment 3).
J.
If New York State Warning Point /EOC does not respond to the RECS call, you must-i 1.
Using the Auto dialer phone, call one of the backup number (s) designated on the New York State /Suffolk County /LERO Notification Call Checklist (Attachment 3).
2.
Transmit the information on the Radiological Emer-gency Data Form.
k.
If Suffolk County Warning Point /EOC does not respond to the RECS call, you must:
3/
The State Warning Point already has the Radiological Emergency Data Form.
See Admitted Fact 32. A copy of the form is in the LILCO plan, OPIP 3.3.5, Supervising Service Operator, at 40, and the County has access to the plan.
-. - - - - _ _. - - _ _ _ _ _ ~ _ _ _. _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
. _ _ - _. i 1.
Using the Auto-dialer phone, call one of the backup number (s) designated on the New York State /Suffolk County /LERO Notification Call Checklist.
2.
Transmit the information on the Radiological Emer-gency Data Form.
EPIP 1-5, at 5-7E/ (Fact 13).
j As LILCO noted in its Supplemental Brief (Nov. 17,1987) at 32, the adequacy of the means of communicating from the Shoreham plant to the "first line" of offsite au-thorities was a " Phase 1" issue which the Interveners are foreclosed from contesting now. LILCO's onsite notification procedures, moreover, are not materially different from those used in other New York counties where nuclear power plants are located.
For example:
A.
THE NEW YORK STATE RADIOLOGICAL EMERGENCY COMMUNICATIONS SYSTEM (RECS) FOR THE INDIAN POINT NUCLEAR POWER STATION The network connects emergency facilities in the Unit-2 (Con-Edison Co.) and Unit-3 (New York Power Authority) plants to County Warning Points and CEOCs of the sur-rounding counties and to state emergency operating centers in Albany, New York. The f acility is to be available at all times on a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day,7 days a week basis, and is not to be used for other purposes.
The system consists of a dedicated (not switched) transmission facilities providing multi party communications in a con-ferencing mode. The terminal equipment at each location consists of a station set and a loud speaker.
A recording sub-system is also required at two of the locations.
9/
Both the State and County Warning Points are located near the respective State and County Emergency Operations Centers (EOCs) and are staf fed 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day. If the State persisted in its refusal to reconnect its RECS link with the Shoreham Control Room, even af ter the plant was operating above 5% power (an act which LILCO be-lieves would be illegal and which, as the Board recognized in its Memorandum and Order (Dec.1,1987), would not be consistent with the "best ef forts" principle), EPIP 1-5 already specifies that the Communicator is to call the State Warning Point using a backup commercial phone line. LILCO has demonstrated on several occasions that it can contact the State quickly using the backup method. See Affidavit of Douglas M.
Crocker in Support of LILCO's Motions for Summary Disposition of Contentions 1-10.
~
- _ _ _ _ _ _ 1 d.
Functional Operation All calls on the RECS will be on a conference basis as follows:
(1)
A caller going off hook at any of the locations will be instantly connected to the loudspeakers at all the other locations. The caller shall have the option of utilizing voice calling by speaking into the handset or generating an alert signal via the manual ring key (see (3) below).
(2)
Depressing the manual ring key at any station shall in-stantly generate an alert signal to all stations on the RECS. (The alert signal will be generated until the re-ceiver is lif ted off the cradle).
(4)
Af ter a call has been initiated, anyone going off-hook at any of the locations will be connected to the RECS on a conference basis. When off-hook, the speaker will be disconnected and transmission and reception will take place through the handset.
Westchester County Plan at E-1, E-4 E-5 (Fact 14).
3.
The Sirens would be Sounded and Protective Action Recommendations Would be Broadcast Over the EBS In denying LILCO's Second Renewed Motion for Summary Disposition of the
" Legal Authority" Issues, the Board concluded, with regard to Contentions 5 and 6, that certain questions were still at issue. For instance, the Board said that it did not know for certain "whether, when. or by whom the sirens would be activated." Memorandum and Order, at 30 (Sept.17,1987). Similarly, with respect to the EBS. the Board felt that it needed a "more exact picture of the Governments' intended behavior," including "What EBS system will be used." and "Hcw and at whose direction will it be activated?"
Ld. at 31. The Board also found that it would be necessary to take additional evidence on such questions as "Who will assume charge in the event of a radiological emergency at Shoreham?" and "Who will decide when protective actions are required?" Ld. at 33.
_ - _ _ _ i LILCO submits that, given the "best efforts" principle (and the existence of the notification and communications system linking the State and County with LILCO and LERO), this "more exact picture" of how the Interveners would respond can be drawn from the existing record. The existing record offers a clear description of how a coor-dinated response, using the LILCO Plan, would occur in the event of an emergency at Shoreham.
Upon the initial declaration of an incident at the plant, key LERO personnel would be notified by pager. As noted above, at the Unusual Event level, the State and County Warning Points would also be notified of the incident.
Af ter being paged, the LERO Director of Local Response would call in to verify, as instructed by OPIP 3.1.1, Command of Emergency Operations:
Upon notification, call the LILCO Supervising Service Oper-ator and complete the LERO Event Summary Sheet, Attach-ment 9. Indicate your name, the number you can be reached at and your verification number. Obtain emergency infor-mation from the Radiological Emergency Data Form.
OPIP 3.1.1, Attachment 1 (Fact 15). The LERO Event Summary Sheet already instructs the LERO Director to call the Suffolk County Executive at the Alert level and request that he participate in the emergency response in accordance with Article 2-B of New York Executive Law.
LILCO has revised this Summary Sheet, in light of the amendment to the emer-gency planning regulations, to provide the LERO Director with more specific instruc-tions about how to (1) inform the Suffolk County Executive of a Shoreham emergency and (2) obtain permission to begin implementing certain elements of the emergency re-sponse (Fact 16). A copy of the pertinent portion of the LERO Event Summary Sheet, as it will substantially read in Revision 9 of the LILCO Plan, which will be served on the Board in the near future, is included as Attachment 2 to this Motion.
i i
I
_-____ ____ _ ___ __- _ - Under the revised LERO Event Summary Sheet, the LERO Director will call the County Executive at the Unusual Event level,N the lowest level of emergency. The revised Summary Sheet provides, in part:
20.
The Director of Local Response will contact the Suffolk County Executive at 360-4000 (working hours) or 911 (off hours). If calling 911, inform the police officer on duty who you are and that there is an emergency at Shoreham.
Request that the Suffolk County executive call you back immediately at your phone.
Give the duty officer the phone number where you may be reached.
For an Unusual Event' classification:
a.
Inform the Suffolk County Executive of the incident at Shoreham, but tell him that it is not necessary to notify the public or take any emergency action at this time.
b.
Ask that he remain near a telephone. Tell him that he will be informed promptly of any char.ge in the emergency classification.
OPIP 3.1.1, Attachment 9.
If plant conditions deteriorated, leading to an Alert, the LERO Director would again call the County Executive. The LERO director would inform the County Execu-tive of plant conditions and, if schools were then in session, would discuss the need to advise the schools to cancel classes or send their students home early.
If it was decided that cancellation or early dismissal should be recommended im-mediately, the LERO Director would then request permission to initiate broadcast of an Alert EBS message over WPLR-FM: activate the siren system in conjunction with the broadcast of the EBS message; and, once the LERO EOC was activated, contact local school systems in accordance with OPIP 3.6.5, Protective Actions for Special Popula-tions, and inform them of the County Executive's recommendation. Af ter getting j
10/
LILCO commits to follow this new procedure once the Shoreham plant begins to operate above 5%-rated power.
1 L
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- - _ _ _ _ _ - _ _ _, permission to initiate the EBS message and sound the sirens, the LERO Director would suggest that the Suffolk County Executive go to the LERO EOC, would end the call, and would immediately implement OPIP 3.3.4, Prompt Notification System Activation.
The LERO Director is provided with four sealed envelopes, each containing the digital encoder instructions for activating the siren system and the authentication codes for initiating the broadcast of an EBS message over WPLR-FM. This package also contains selected portions of OPIPs 3.3.4 and 3.8.2, Emergency Broadcast System Activation (including prewritten EBS messages). The LERO Director always has access to one of these information packages and is instructed to keep one envelope at his of-S_ee OPIP 5.4.1, Document Control, Attachment 10 fice, his home, and in his car (s).
e (Fact 19). As a consequence, the LERO Director on duty is able to notify the public of a Shoreham emergency no matter where he happens to be on Long Island,24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day.
This same procedure applies to a very unlikely fast-breaking emergency, which can be defined as one in which the initial notification from the plant is of a Site Area or General Emergency. In such a situation the LERO Director would call and inform the County Executive of the status of the emergency. The LERO Director would then explain to the County Executive (if it were true) that, based on th.e information provid-ed by the onsite organization, sheltering or evacuation for certain areas was indicated.
l The LERO Director would then ask the County Executive if he might advise the mem-j bers of the public in those areas to shelter or evacuate by EBS message.
l In such a situation it must be presumed, as a planning matter, that the County Executive would agree with LILCO's onsite recommendation. To begin with, the "best efforts" principle dictates that the County Executive would have to rely on the best available information, and that is the advice of the plant staff, particularly when no other information is available.
The onsite recommendation is determined by plant t.
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l i I
conditions, which at first only the plant operator is in a position to assess, and meteoro-logical considerations such as wind direction and speed. Emergency Action Levels (EALs) that are in the onsite plan and approved by the NRC form the basis of the onsite
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recommendation. Sea Tr. 2004-05 (Weismantle).
In this situation, the Suffolk County Executive would be no ' worse off than of fi-cials near other nuclear plants; anv county executive f aced with a "f ast-breaking" acci-dent would be forced to rely,, at least in the initial stages of the response, on the advice and recommendations of the utility's onsite experts. The State Plan recognizes this fact, providing that the nuclear facility operator has the "first line responsibility for assessing the magnitude of a radiological emergency and its potential consequences" (Admitted Fact 4 4).
The County Plans recognize it as well; for example, the Westchester County Plan, assigning responsibility for " Protective Response Evaluation."
provides:
Mission Statement: To determine the proper protective ac-tion response options to be implemented based on the pro-tective action guides and projected doses, dose rates, con-tamination levels, and levels of airborne or waterborne radioactivity.
The initial recommendations concerning protective actions to be taken will be made by the Nuclear Facility Operators.
Westchester County Plan at III-9 (emphasis added) (Fact 17).
The question may remain whether the County Executive would allow the use of the EBS messages in the LILCO plan or spend time rewriting them. Obviously he would have the option of changing the messages if he wished. But the "best ef forts" principle cequires that he use the pre-approved messages if immediate action is needed. More-over, if the Interveners disagreed with the EBS messages, they presumably would have said so in this litigation; to the extent they have quarreled with the EBS words, their arguments have been rejected by the NRC. In the recent exercise litigation, the Inter-venors criticized the messages, and LILCO has made changes to the messages in response.
l l
4
_1;_
As noted earlier, another question which may have been still at issue in this pro-ceeding prior to the new rule is "what EBS system will be used?" In light of the "best efforts" principle, the answer is clear: both the Shoreham EBS network (WPLR-f M) and the State EBS would be used in a coordinated fashion.
At the time LILCO filed its Second Renewed Motion for Summary Disposition of the " Legal Authority" Issues (March 20, 1987), LILCO did not have its own EBS network
. due to the withdrawal of trigger station WALK-FM on August 8,1986. See LILCO's Sec-ond Renewed Motion (March 20,1987), at 12. Then, LILCO noted that it would continue "to pursue alternative methods for informing the public" and that for purposes of the Second Renewal Motion, would rely "on the existing State EBS." Id., footnote 14.
Since that time, LILCO has replaced WALK-FM with WPLR-FM and once again has direct access to an EBS network capable of notifying the entire EPZ of a Shoreham emergency. See LILCO's Motion for Summary Disposition of the WALK Radio Issue (Nov. 6,1987). It follows f rom the "best efforts" principle that, even though the State would make its extensive EBS network available to LERO, the WPLR-FM network would still play a crucial role in notifying the public.
Most importantly, the tone alert receivers provided to special f acilities, certain large employers, and the other radio stations that were participants in the WALK-triggered Shoreham EBS are being modifled or replaced with receivers set to be acti-l vated instead by WPLR-FM. See LILCO's Motion for Summary Disposition of the WALK Radio issue (Nov. 6,1987), Statement of Material Facts, Material Facts 9 and 10.
Activation of the State EBS alone would not trigger activation of the tone alert radios. It follows, then, that WPLR-FM would always be used whenever a new EDS mes-sage was broadcast. See OPIP 3.8.2 5 5.1.4 In addition, in a fast-breaking emergency, it would be more efficient to use the WPLR-FM EBS.
A.s noted earlier, the LERO Director would be able to contact
_ WPLR-FM directly and could initiate an EBS message immediately af ter approval was given by the Suffolk County Executive. The LERO Director would thus not have to rely on a State or County official to act as intermediary between LERO and the State Com-mon Program Control Station-1 (CPCS-1).
I The State or County could choose, of course, to use the State CPCS-1 along with the Shoreham EBS network. In most circumstances, there would be no problem with coordinating broadcasts. The LILCO Plan,' as it will substantially read in the revision soon to be filed, provides for this coordination:
The designated New York State. EBS station for Nassau and Suffolk is WCBS in New York. Should State or Suffolk County officials decide to take control of the emergency response and use WCBS do the following:
a)
Contact the Connecticut radio station WPLR. Ask them to trans-mit the two tone attention signal and inform their listeners to tune to WCBS (880 AM or 101.1 FM) for further emergency information.
Repeat this step, each time a new EBS Message is issued in order to activate the tone alert radios.
b)
Provide protective action recommendations to government offi-cials for inclusion in their EBS message, or c)
If authorized by State or County officials contact WCBS directly.
Authentication may be accomplished by use of code word provided by State and County officials or returned phone call. Transmit EBS message directly to WCBS.
d)
The Long Island radio stations will automatically switch to the WCBS signal when they activate their two tone signal.
OPIP 3.8.2,5 5.1.4 (Fact 20).
In the event of a fast-breaking emergency it would probably not be possible to closely coordinate EBS messages between the WPLR-FM and CPCS-1 systems. This would be of little consequence, however, as the State Plan recognizes:
3.1 Initial Notification Requiring Protective Action j
In the event an emergency requiring an initial notifi-cation to the State and affected county (les) that a General Emergency has been declared, the county (ies) will activate their siren system and release a prearranged EBS message to the public prior to coordination with the State.
____ ________ _ __ _ - - State Plan, Part II, Sec. I, Proc. C, Attachment 1 (Fact 21).
4.
The County Would be Able to Exercise Command and Control of the Emergency Response Af ter the LERO Director has implemented OPIP 3.3.4 and initiated the broadcast j
of the EBS message, he would call the Suffolk County Executive back, if the Suffolk County Executive had not already gone to the LERO EOC. Either over the phone or at the LERO EOC, the LERO Director would continue briefing the Suffolk County Execu-tive in accordance with OPIP 3.1.1. Attachment 9:
g.
Advise the Suffolk County Executive that he, or his designated representative, should go to the LERO EOC in Brentwood to better coordinate the emergen-cy response, if he has not already done so..
1)
Inform the Suffolk County Executive that the State of New York has already been notified of the emergency. Tell him that at the LERO EOC he will be able to commuicate with and get advice from the State Department of Health in Albany.
2)
Explain that the onsite authorities and DOE RAP monitoring teams have been instructed to direct information about plant status and ra-diological conditions in the field to the LERO EOC.
3)
Give the Suffolk County Executive your mobile phone number, if you have not already done so, so that he will be able to contact you if neces-sary before he or his representative arrives at the LERO EOC.
h.
Tell the Suffolk County Executive that there are tele-phones and working space at the LERO EOC for County officials. Suggest that the following Suffolk County officials also come to the LERO EOC to bet-ter coordinate the emergency response:
1)
The Commissioner of the Department of Fire, Rescue, and Emergency Services (or a desig-nated representative),
2)
The Commissioner of the Department of Health Services (or a designated representa-tive),
- 3)
The Commissioner of Police (or a designated representative). Note: The Commissioner of j
Police should be instructed to bring a portable police radio with him to the LERO EOC in order to communicate with police headquar-
~
ters, and 4)
Any other official the Suffolk County Execu-tive feels would be helpful to him in managing the emergency response.
j OPIP 3.3.1, Attachment 9.
It must be assumed that the County Executive or his designee would direct the emergency response out of the LERO EOC. simply because that is where the informa-tion he needs is to be found. The County has admitted it would try to stay in contact with LILCO (Admitted Fact 46)t going to the LERO EOC is the "best effort" to do so.
~
The County might (and probably would) choose to activate its own EOC in Yaphank during a Shoreham emergency. But in order for the County Executive and the Commissioner'r of DFRES to make decisions, they would need precise, accurate, and timely reports on plant conditions and information about radiological conditions in the field. Under the LILCO Plan the onsite authorities report directly to the LERO EOC; so do the fleid monitoring teams (those from LILCO and those from the DOE RAP Teams out of Brookhaven National Laboratory). Thus, if the County Executive tried to direct the emergency response from anywhere other than the LERO EOC, he would be making himself blind and deaf to the stattis of the emergency. The "best ef forts" principle dic-tates that the County would operate out of the LERO EOC.E I
M/
The NRC's recently published Supplement 1 to NUREG-0354," Criteria for Utility Offsite Planning and Preparedness, Draf t Report for Interim Use and Commment"(Nov.
1987), specifies that:
The licensee shall' prepare for the dispatch of representa-tives to the offsite response organization's emergency op-erations center and to principal emergency operations cen-ters of participating and non participating governments.
(footnote continued) i
____________________.__________________J
, h The LILCO Plan, of course, has been designed to accommodate this participation -
by the Cou'nty (and'also by the State) at the LERO EOC:
Should the County Executive or his designated representa -
tive choose to report to the Local EOC during a drill, exer-cise or emergency, the Director of Local Response will work in conjunction with the County Executive or his representa-tive in responding to the emergency.
LILCO Plan, at 3.1-1 (Fact 1). Furthermore, the " Emergency Response Action Check-
~
. list" reminds the Director or Local Director that:
If either New York State or Suffolk County indicate they will assume command and control of the emergency re-sponse, provide them with whatever information and assis-tance is appropriate. If either New York State or Suffolk County indicate they will provide assistance, utilize police i
officers as detailed in OPIP 3.6.3, Traffic Control. If fire and rescue crews have not received' training in dosimetry, they need to be escorted by LERO personnel into restricted I
areas. A list of law enforcement agencies and fire depart-ments is listed in Attachment 10.
OPIP 3.1.1, Attachment 1 (Fact 2).
LERO's ability to coordinate with the County and State extends beyond mere paper procedures. It was demonstrated and evaluated during the FEM A graded exercise
- on February 13,.1986. While the State and County refused to participate in the exer-cise, FEMA provided State and County " simulators" at the LERO EOC. the LILCO-i Emergency. Operations Facility (EOF). and the FEMA Control Cell at Brookhaven Na-(
tional Laboratory:
{
l FEMA simulators representing State and county personnel were instructed not to assume a response posture. Their simulations were to be as consistent as possible with the New York State plans for other nuclear power plants and with the manner in which other counties have participated j
I (footnote continued)
NUREG-0654, Supp. I at 7. While LILCO believes that the Suf folk County Executive, or his representative, would choose to come to the LERO EOC as part of a "best efforts" response, LILCO has nevertheless revised the plan to conform with this requirement and will send a liaison to whatever location the Suffolk County Executive chooses to
. use as his emergency command center.
-_ -_ in the planning and exercises at other facilities in New York. They were to ask questions and request information, briefings, etc., in order to be informed. But, at all times, J
)
they were to allow the LERO staff to direct all response ef-forts. Like the participants, simulators were not privy to i
the exercise scenario. Certain FEMA controllers monitored the interactions between FEMA simulators and the LILCO/LERO exercise participants.
FEMA Post-Exercise Assessment (April 17,1986) at 7. In this exercise LERO demon-strated to FEM A's satisf action its ability to coordinate with the State and County (Fact 3):
The objective of demonstrating the ability to coordinate the emergency response with county and State officials was met with the role of State and/or county officials being simulat-ed by FEMA designated personnel (EOC 9).
LERO had a State / county liaison assigned to interface with the si-mulators of State and county officials.
Upon arriving at the LERO EOC. the County Executive rep-resentative (simulator) was briefed in detail.
Simulated county assistance in responding to the emergency was re-quested of him by the Director of Local Response. Although county assistance was not offered (per the simulator plan for the exercise), LERO' continued to accommodate State and county involvement in the formulation of protective action recommendations and the issuance of EBS messages. The County Public Aff airs Of fice representative (simulator) ar-rived at about 0918 and was briefed immediately by the Pub-lic Information Coordinator. News releases and EBS mes-sages were coordinated with the County Public Aff airs Of fice representative (simulator) prior to simulated release.
The accident assessment staff made numerous, substantial briefings of appropriate State and county simulators.
The Evacuation Coordinator contacted the county (si-mulator) to determine whether county assistance would be available. Near the end of the exercise when the county (si-mulator) made assistance available, the Evacuation Coordi-nator contacted them at about 1630 to begin determining the number of county police that would be required to assist with the staffing of various access points around the periph-ery of the 10-mile EPZ to prevent reentry.
LERO demonstrated the ability 'of the designated official to determine the need to obtain State assistance, thereby meeting an exercise objective (EOC 10). The ability to de-i termine the need for State assistance was demonstrated when requests were made for simulated police, road
[. l-l clearance, and radiological. monitoring support personnel.
Simulated police and road personnel were requested in re-sponding to the impediments to evacuation. LERO officials requested simulated State police, radiological field moni-l toring, and personnel monitoring assistance at the Reception Center.
Per simulator plans for the exercise, simulated State assistance was not provided. However, LERO ade-quately demonstrated the ability to determine the need for
~
such assistance. The LERO Director of Local Response, in coordination with the Manager of Local Response and appro-priate LERO EOC staff, analyzed the need for State assis-tance. Requests were then forwarded to the State Health Department representative (simulator) for action.
FEMA Post-Exercise Assessment (April 17,1986) at 31-32.
Since LERO personnel and the County officials at the LERO EOC would be able to work in coordination, the emergency response would be implemented with a mini-mum of delay or confusion. The Suffolk County Executive, or his representative, would be in charge and would have the responsibility for ordering the implementation of emergency response actions. Of course, the LERO Director would be right there to offer advice and other assistance if requested.
Under the "best efforts" principle, the State, too, would play a key role. Once State facilities and personnel were notified and were ready to respond. the State De-partment of Health would be responsible for making protective action recommenda-tions. The State Plan provides a general description of how an emergency response would take place.
The Response process in a radiological incident is as follows:
the nuclear f acility operator becomes aware of a potential radiological emergency. The Radiological Emergency Com-munications System (RECS) is activated to enable the State and affected county (les) governments and the utility to com-municate with each other. Af ter data and information is re-ceived and reviewed, the county Chief Executive and the Chairman of DPC activate the executive hotline and make an assessment and evaluation of the situation. The REPG deploys to the af fected site. A protective action is recom-mended by Department of Health, if necessary. The State l
Emergency Management Office then coordinates State re-sources to support the recommendation by notifying State l
Agencies and the SEMO district office. The county response plans are implemented upon the decision of the county Chief 1
0
- _ _ _ _ _ _ _ _ _ 1 Executive and are carried through to completion with the j
support of the State.
- State Plan at 3 (Fact 7).
An emergency response at Shoreham, with the County using the LILCO plan and LERO resources, would resemble the process envisioned in the State Plan. At the Alert
.' level, the State would probably dispatch representatives from REPG to the LILCO Emergency Operations Facility (EOF). The State Plan provides:
When activated, the EOF becomes the center where data from the NFO, Federal and State agencies is coordinated and accident assessment is carried out. The State will typically sent two licensee representatives to the EOF. These will in-clude a radiological health specialist and a specialist in reac-tor systems and operations normally from REPG. The State EOF liason staff will have the following responsibilities:
participate in the accidelit accessment process at the EOF maintain flow of current information and data be-tween the EOF and the State EOC represent the State at briefings conducted in the EOF.
State Plan at H-3 (Fact 8).
If the State Department of Health wanted to make protective action recommen-dations, based on information it received from the LILCO EOF, it could do so. This would simply provide the Suffolk County Executive with additionalinformation and ex-pertise to help him direct the emergency response.
III. Conclusion For the reasons stated above, LILCO asks for the Board to grant summary
V disposition in LILCO's f avor of Contentions 5 and 6.
Respectfully submitted, p
W AV Donald P. Irwin James N. Christman David S. Harlow Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond. Virginia 23212 DATED: December 18,1987
i STATEMENT OF THE MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE TO BE HEARD ON CONTENTIONS 5 AND 6 1.
The LILCO Plan has been designed to accommodate participation by the State of New York and Suffolk County in an emergency response and at S 3.1-1 pro-j vides:
Should the County Executive or his designated representa-tive choose to report to the Local EOC during a drill, exer-cise or emergency, the Director of Local Response will work in conjunction with the County Executive or his representa-tive in responding to the emergency.
2.
OPIP 3.1.1, Attachment 1 instructs the LERO Director of Local Response as follows:
If either New York State or Suffolk County indicate they will assume command and control of the emergency re-sponse, provide them with whatever it. formation and assis-tance is appropriate. If either New York State or Suffolk County indicate they will provide assistance, utilize police officers as detailed in OPIP 3.6.3, Traffic Control. If fire and rescue crews have not received training in dosimetry, they need to be escorted by LERO personnel into restricted areas. A list of law enforcement agencies and fire depart-ments is listed in Attachment 10.
i 3.
LERO's ability to coordinate an emergency response with the State of New York and Suffolk County was demonstrated to FEMA's satisf action at the FEMA l
graded exercise on February 13, 1986. The FEMA Post-Exercise Assessment (April 17, 1986) states, in part:
The objective of demonstrating the ability to coordinate the emergency response with county and State officials was met with the role of State and/or county officials being simulat-ed by FEMA designated personnel (EOC 9).
LERO had a State / county liaison assigned to interf ace with the si-mulators of State and county officials.
Post-Exercise Assessment at 31.
l !
1 l
4.
The New York Radiological Emergency Preparedness Plan (hereinaf ter the j
" State Plan") notes at D-1 that the New York State EOC is located in the sub-structure of the Public Security Building, State Office Building Campus, Albany, New York.
5.
The State Emergency Management Office can be contacted 24-hours-a-day using its emergency phone nutnber: (518) 457-2200. (Source: Indian Point Ra-diological Emergency Preparedness Plan for Westchester County at E-1 (Rev.1/87)
(hereinaf ter the "Westchester County Plan")).
6.
The State Plan at 3 specifies the State officials and agencies that are des-Ignated to respond to a radiological emergency:
This Plan places the State lead role during an emergency at any commercial nuclear power plant with the New York State Department of Health. The Department of Health is charged with the assessment and evaluation of radiological incidents, and with the task of recommending appropriate protective actions. (Protective actions include: sheltering, administration of thyroid blocking agents, ad hoc respiratory protection and evacuation.) The coordination of this assess-ment and evaluation is centralized in the assessment and command rooms at the State EOC. The State Emergency Management Office (Division of Military and Naval Affairs) is the coordinator of State and local operational resources.
Such coordination is centralized in the operations room of the State EOC. The Radiological Emergency Preparedness Group serves as the Disaster Preparedness Commission's field liaisons within the counties, the power plant, and the Joint News Center. The coordination of REPG is centralized in the command and control room at the State EOC These three State offices perform primary functions in the vital initial stages of the Response phase.
7.
The State Plan at 3 provides a general description of how an emergency
- response would take place and notes that the State Department of Health would recom-mend protective actions:
_ _ _ _ _ _ _ The Response process in a radiological incident is as follows:
the nuclear facility operator becomes aware of a potential radiological emergency. The Radiological Emergency Com-munications System (RECS) is activated to enable the State and affected county (les) governments and the utility to com-municate with each other. Af ter data and information is re-ceived and reviewed, the county Chief Executive and the Chairman of DPC activate the executive hotline and make an assessment and evaluation of the situation. The REPG deploys to the affected site. A protective action is recom-mended by Department of Health, if necessary. The State Emergency Management Office then coordinates State re-sources to support the recommendation by notifying State Agencies and the SEMO district office. The county response plans are implemented upon the decision of the county Chief Executive and are carried through to completion with the support of the State.
1 8.
The State Plan at H-3 indicates that the State will send representatives to the NFO EOF.
When activated, the EOF becomes the center where data from the NFO, Federal and State agencies is coordinated and accident assessment is carried out. The State will typically sent two licensee representatives to the EOF. These willin-clude a radiological health specialist and a specialist in reac-tor systems and operations normally from REPG. The State EOF liason staff will have the following responsibilities:
l participate in the accident accessment process at the l
uOF l
maintain flow of current information and data be-tween the EOF and the State EOC represent the State at briefings conducted in the EOF.
9.
The Suffolk County EOC is located at the County Department of Fire, Rescue and Emergency Ser~ ices, which, at the time the Voorhees Plan was written, was known as the DepartDent of Energency Preparedness. The Voorhees Plan at 13 pro-vides:
l
. _ _ _ _ _ _ _ _ _ _ - _ _ _ _ I The Emergency Operations Center for Suffolk County, situ-ated on Yaphank Avenue, is the headquarters for the county response to an emergency at the Shoreham Nuclear Power Station.
The Suffolk County Department of Emergency Preparedness maintains the EOC at all times, both during normal (non-emergency) periods and times of radiological emergency.
This operating of the EOC involves:
assuring security, providing communication, supplying staff needs including food, water, clerical support, disp'ay materials, dormitories, and showers.
10.
The Department of Fire, Rescue, and Emergency Services can be con-tacted 24-hours-a-day at its emergency number: (516) 924-5252. The Suffolk County Police Department can be reached at all times by dialing "911."
11.
The Voorhees Plan at 12 indicates who in Suffolk County would be in charge of a radiological emergency response:
When a radiological emergency occurs at Shoreham Nuclear Power Station, the command and control functions rest with:
The County Executive The Director of the Department of Emergency Pre-paredness Each of these agencies has been given the responsibility of a distinct area of control.
The County Executive - Strategic Control-Decisions on major responses to be made, approve state recom-mendations for emergency responses, decisions on major adjustments to planned responses already un-derway.
The Director of the Department of Emergency Pre-paredness - Operational Control - Responsible for the execution of the emergency response plan, starting, modifying, stopping individual emergency actions.
12.
Section 6.2 of the Shoreham Nuclear Power Station Emergency Preparedness Plan (hereinaf ter the "onsite plan") provides, in part:
_ _ _ _ _ _ - _ - _. The Watch Engineer, based upon valid indications of an ex-ceeded Emergency Action Level (Section 4.0) will announce the emergency condition over the page party system, take corrective actions, approve a completed Radiological Emer-1 gency Data Form (Appendix E), and direct the Control Room Communicator to initiate notifications in accordance with the Emergency Preparedness Implementing Procedures (EPIP) describing notification and communication with emergency response personnel. The Control Room Commu-nicator will notify appropriate station personnel, offsite re-sponse organizations and other personnel in the owner con-trolled area (e.g., St. Joseph's Villa) consistent with the emergency classification and the type of release.
13.
Emergency Preparedness Implementing Procedure (EPIP) 1-5 5 5.1.6 reads as follows:
5.1.6 Notification of New York State /Suffolk County /LERO C A UTION YOU MUST HAVE THE COMPLETED RADIOLOGICAL EMERGENCY DATA FORM BEFORE CALLING LERO, THE STATE AND COUNTY. IF NECESSARY, CONTINUE WITH OTHER NOTIFICATIONS UNTIL THE FORM IS RECEIVED. ALL PARTS CAN BE SENT VIA TELECOPIER CONCURRENT WITH VOICE TRANSMISSION.
a.
Obtain the New York State /Suffolk County /LERO Notification Call Checklist (Attachment 3).
b.
Activate the Radiological Emergency Communications System (RECS) by pushing the button and picking up the receiver; use backup communications, if necessary.
c.
Make a roll call verification of all agencies on the line, d.
When you receive verification that an agency is on the line, obtain and record the name of that agency's representative on the New York State /Suffolk County /LERO Notification Call Checklist.
e.
Upon completion of the roll call, ask individuals to obtain a copy of the Radiological Emergency Data Forms, Parts I, Il and/or III.
f.
Read all information.
i l
, g.
Speak slowly and clearly.
h.
Ask one agency of those on the line to read back the message.
1.
If New York State Warning Point /EOC is on the line, ask them to read back the form.
2.
If a New York State agency is not on the line, ask Suffolk County Warning Point /EOC to read back the form.
3.
If neither New York State nor Suffolk County agencies are on the line, ask LERO to read back the form.
Correct any errors as the form is read back to you.
1.
Record the time of contact and your initials next to the ap-propriate agency on the New York State /Suffolk Coun-ty/LERO Notification Call Checklist (Attachment 3).
j.
If New York State Warning Point /EOC does not respond to the RECS call, you must:
1.
Using the Auto-dialer phone, call one of the backup number (s) designated on the New York State /Suffolk County /LERO Notification Call Checklist (Attachment 3).
2.
Transmit the information on the Radiological Emer-gency Data Form.
k.
If Suffolk County Warning Point /EOC does not respond to the RECS call, you must:
1.
Using the Auto-dialer phone, call one of the backup number (s) designated on the New York State /Suffolk County /LERO Notification Call Checklist.
2.
Transmit the information on the Radiological Emer-gency Data Form.
14.
The Westchester County Plan at E-1, E-4, and E-5 describes. in part, the onsite notification system for the Indian Point Nuclear Power Station as follows:
A.
THE NEW YORK STATE RADIOLOGICAL EMERGENCY COMMUN' NATIONS SYSTEM (RECS) FOR THE INDIAN POINT NUCLEAR POWER STATION The network connects emergency facilities in the Unit-2
- _ _ _ _ _ _ _ _ _ (Con-Edison Co.) and Unit-3 (New York Power Authority) plants to County Warning Points and CEOCs of the sur-rounding counties and to state emergency operating centeres in Albany, New York. The facility is to be available at all times on a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day,7 days a week basis, and is not to be used for other purposes.
The system consists of a dedicated (not switched) transmission faellities providing multi party communications in a con-ferencing mode. The terminal equipment at each location consists of a station set and a loud speaker. A recording sub-l system is also required at two of the locations.
d.
Functional Operation All calls on the RECS will be on a conference basis as follows:
(1)
A caller going off hook at any of the locations will be I
instantly connected to the loudspeakers at all the other locations. The caller shall have the option of utilizing voice calling by speaking into the handset or generating an alert signal via the manual ring key (see (3) below).
l (2)
Depressing the manual ring key at any station shall in-stantly generate an alert signal to all stations on the RECS. (The alert signal will be generated until the re-ceiver is lif ted off the cradle).
(4)
Af ter a call has been initiated, anyone going off-hook at any of the locations will be connected to the RECS on a conference basis. When off-hook, the speaker will be disconnected and transmission and reception I
I will take place through the handset.
15.
OPIP 3.1.1, Attachment 1, in part, instructs the LERO Director of Local Response as follows:
Upon notification, call the LILCO Supervising Service Oper-J ator and complete the LERO Event Summary Sheet, Attach-ment 9. Indicate your name, the number you can be reached at and your v' rification number. Obtain emergency infor-e mation from the Radiological Emergency Data Form.
16.
OPIP 3.1.1, Attachment 9 has been revised to provide the LERO Director
_ _ - _ _ _ of Local Response with more specific instructions about how to (1) inform the Suffolk County Executive of a Shoreham Emergency and (2) obtain permission to begin imple-menting certain elements of the emergency response.
17.
The Westchester County Plan at III-9 describes " Protective Response Evaluation" as follows:
Mission Statement: To determine the proper protective ac-tion response options to be implemented based on the pro-tective action guides and projected doses, dose rates, con-tamination levels, and levels of airborne or waterborne radioactivity. The initial recommendations concerning pro-tective actions to be taken will be made by the Nuclear Fa-cility Operators.
18.
The Wayne County Radiological Emergency Preparedness Pian at F-6 (Rev. 4-10/1/86) provides, in part, the following description of the prompt Notification System for the Robert E. Ginna Nuclear Power Station:
3.
THE GINNA PROMPT PUBLIC NOTIFICATION SYSTEM a.
System Design
The Ginna prompt public notification system consists of 96 sirens supplemented by monitors inside such f a-cilities as schools, nursing homes, commercial and in-dustrial establishments.
b.
System Description
(1)
System control rests with Wayne and Monroe County officials within their respective border.
Activation will be coordinated via Executive Hot Line prior to activation.
(2)
Sirens may be activated by ERPA zones (Wayne I, Wayne II, Wayne III and Wayne IV) from the Wayne County EOC. Activation of sirens is the responsibility of the Director, Emergency Man-agement Office.
(3)
Siren and monitors activation will be radio sig-nal. In Wayne County an existing ambulance frequency will be used.
_9_
l (4)
Two backup transmitters are available should the primary transmitter be unavailable for transmitting the alert system activation codes.
One transmitter is located in Fire Control and one is located at Robert E. Ginna Nuclear Power Station.
(5)
A digital encoding and decoding system will be employed to insure reliable' and secure alert system control.
Reduncancy system will be employed e.g. both primary and backup con-soles will be keyed.
19.
As specified by OPIP 5.4.1, Attachment 10, the LERO Director of Local Response is provided with four sealed envelopes, each containing the digital encoder in-structions for activating the siren system and the authentication codes for initiating I
the broadcast of an EBS message over WPLR-FM. The packages also contains selected portions of OPIPs 3.3.4 and 3.8.2. The LERO Director is instructed to keep one of these packages at his office', his home, and in his car (s).
20.
OPIP 3.8.2 S 5.1.4 provides for the coordination of EBS messages as fol-laws:
The designated New York Stata EBS station for Nassau and Suffolk is WCBS in New York. Should State or Suffolk County officials decide to take control of the emergency response and use WCBS do the following:
a)
Contact the Connecticut radio station WPLR. Ask them to trans-mit the two tone attention signal and inform their listeners to tune to WCBS (880 AM or 101.1 FM) for further emergency information.
Repeat this step, each time a new EBS Message is issued in order to activate the tone alert radios.
b)
Provide protective action recommendations to government offi-l cials for inclusion in their EBS message, or c)
If authorized by State or County officials contact WCBS directly.
Authentication may be accomplished by use of code word provided by State and County officials or returned phone call. Transmit EBS message directly to WCBS.
d)
The Long Island radio stations will automatically switch to the WCBS signal when they activate their two tone signal.
21'.
The State Plan, Part II, Sec. I, Proc. C, Attachment 1 provides, in part:
3.1 Initial Notification Requiring Protective Action in the event an emergency requiring an initial notifi-cation to the State and affected county (les) that a General Emergency has been declared, the county (les) will ~ activate their siren system and release a prearranged EBS message to the public prior to coordination with the State.
l.
22.
Former Suffolk County Executive Peter F. Cohalan judged the Voorhees Plan as the "best possible plan for Suffolk County." Report of Suffolk County Executive Peter F. Cohalan Concerning Radiological Emergency Preparedness in Suffolk County, _
at 3 (Feb.16,1983).
1
U Ly L
OPIP 3.1.1 ATTACHMENT 9 E
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The Director of Local Response will contact the Suffolk County Executive at
~ 360-4000 (working hours) or 911 (off hours). If calling 911, inform the police officer on
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duty who you are and that there is an emergency at Shoreham. Request that the Suffolk County Executive call you back immediately at your phone. Give the duty offi-cer the phone number where you may be reached.
For an Unusual Event classification:
a.
Inform the Suffolk County Executive of the incident at Shoreham, but tell him that it is not necessary to notify the public or take any emergency action at' this time.
b.
Ask that he remain near a telephone. Tell him that he will be informed promptly of any change in the emergency classification.
.For an Alert or higher classification:
a.
Advise the Suffolk County Executive of the status of the emergency.
Briefly explain the emergency classification system as established by the NRC and read him the description of the applicable Emergency Classifi-cation Level (ECL).
b.
At the Alert level, if no protective action recommendation is required at this time, proceed to step f.2 of this procedure.
Explain that conditions at the plant, and meteorological considerations c.
such as wind speed and direction, indicate that certain protective mea-sures should be implemented. Tell the Suffolk County Executive that.
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_ consistent with N.Y. Exec. Law Art. 2-B, LERO is placing its personnel and resources at the County's direction to assist in implementing the emergency response as set out in the offsite utility plan.- Describe the protective measures that need to be implemented,i.e.,.
Notifying the public of the emergency, Putting iarm animals on stored. feed, Contacting local schools and advising cancellation or early dismissal, Sheltering (specify zones).
Evacuation (specify zones).
NOTE: A description of the evacuation keyholes are available in Attach-ment 5 of OPIP 3.8.2.
d.
Obtain the Suffolk County Executive's approval of the protective action recommendation. Request permission to activate the Prompt Notification System and broadcast an EBS message containing the protective action recommendation.
l NOTE:
If the emergency classification is a Site Area Emergency or higher, also request that the Suffolk County police begin to mobilize at l
least 165 uniformed officers in case they are needed for traffic control.
Tell him that you will be calling back with additionalinformation and that in the meantime the police should begin to report to police headquarters in Yaphank.
e.
Immediately upon completing step d. above:
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Ask the Suffolk County Executive to stand by while you initiate activation of the siren system and the EBS. Suggest that, if he pre-fers, he should proceed immediately to the LERO EOC in Brentwood. If the Suffolk County Executive does choose to go to the LERO EOC immediately, give him your mobile phone number.
End the call.
2.
Implement OPIP_3.3.4.
f.
Af ter completing step e. above:
1.
Call the Suffolk County Executive back, if you are not meeting him at the LERO EOC.
2.
Over the phone or at the LERO EOC, provide the County Executive
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with the following information:
A.
Notify him that LERO will be sending a liaison to police headquarters. Explain that the liaison will provide the po-lice with the locations and specific traffic control strategies for each of LILCO's 130 TCPs, requiring 165 officers.
B.
Inform him that LERO will also be dispatching its own Traf-fic Guides to the TCPs to provide such equipment as traffic cones, flares, and flashing lights and to otherwise assist the police as necessary. Assure him that the Traffic Guides will i
monitor the police officers' possible exposure using the Traf-fic Guides' own dosimetry.
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Advise the Suffolk County Executive to give LERO Traffic Guides permission to direct traffic before the police arrive.
C.
Inform him that LERO has the capability to remove roadway impediments and dispense fuel to evacuating motorists using i
its own vehicles and trained emergency workers. Explain that LERO is (or will be) mobilizing these vehicles and that they will be repositioned in the field.
Important:
Advise the Suffolk County Executive to give LERO Road Crews permission to remove impediments and dispense fuel.
g.
Advise the Suffolk County Executive that he, or his designated represen-I tative, should go to the LERO EOC in Brentwood to better coordinate the emergency response, if he has not already done so.
1)
Inform the Suffolk County Executive that the State of New York has already been notified of the emergency. Tell him that at the LERO EOC he will be able to communicate with and get advice from the State Department of Health in Albany.
2)
Explain that the onsite authorities and DOE RAP monitoring teams have been instructed to direct information about plant status and radiological conditions in the field to the LERO EOC.
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Give the Suffolk County Executive your mobile phone number, if you have not already done so, so that he will be able to contact you if necessary before he or his representative arrives at the LERO EOC.
h.
Tell the Suffolk County Executive that there are telephones and working space at the LERO EOC for County officials. Suggest that the following Suffolk County officials also come to the LERO EOC to better coordinate the emergency response:
1)
The Commissioner of the Department of Fire, Rescue, and Emer-gency Services (or a diesignated representative),
2)
The Commissioner of the Department of Health Services (or a des-ignated representative),
3)
The Commissioner of Police (or a designated representative). Note:
The Commissioner of Police should be advised to bring a portable police radio with him to the LERO EOC in order to communicate with police headquarters, and 4)
Any other official the Suffolk County Executive feels would be helpful to him in managing the emergency response.
1.
End the call and continue with the Emergency Response Action Checklist.
Upon reporting to the LERO EOC, be sure to coordinate emergency re-sponse activities with the Suffolk County Executive or his designated rep-resentative. Specifically, be sure to obtain permission before making de-cisions and recommendations to the public concerning ingestion exposure
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. 1 pathway, recovery and reentry activities, and EPZ perimeter access con-i trol.
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