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Category:INTERNAL OR EXTERNAL MEMORANDUM
MONTHYEARML20202D5011997-11-28028 November 1997 Forwards Table Summarizing Contractor Costs,Staff Hours & FTEs Expended in Removing Sites from Site Decommissioning Mgt Plan & Fsv & Shoreham Nuclear Power Facilities,In Response to C Paperiello 970605 Memorandum NUREG-1299, Forwards Continuation of Curtiss Papers to Be Filed Under Commission Correspondence in Pdr.Advanced Copy Sent to Pdr. List of Documents Included in Four Boxes Encl1994-06-29029 June 1994 Forwards Continuation of Curtiss Papers to Be Filed Under Commission Correspondence in Pdr.Advanced Copy Sent to Pdr. List of Documents Included in Four Boxes Encl ML20059J7931994-01-26026 January 1994 Responds to Request for Headquarters to Review Changes to Shoreham Nuclear Power Station Revised Security Plan for Long Term Defueled Condition,Fuel Storage in Spent Fuel Pool,Rev 2,dtd 930701 ML20056G8501993-08-25025 August 1993 Notification of Significant Licensee Meeting 93-113 W/Util on 930908 to Discuss Transfer of Fuel from Shoreham to Limerick ML20128H5441993-02-0303 February 1993 Notification of 930222 Meeting W/Util in Wading River Road, Ny to Discuss Schedule for Util Final Survey & NRC Confirmatory Survey of Shoreham Nuclear Power Station ML20062E9801990-11-15015 November 1990 Summary of 901107 Telcon W/Util,New York Power Authority & Stone & Webster Re Reactor Pressure Vessel Transportation ML20062C2841990-10-18018 October 1990 Forwards Requests for Hearing Filed by Shoreham-Wading River Central School District & Scientists & Engineers for Secure Energy,Inc Re Various NRC Licensing Actions Addressed on 901017.W/o Encl.W/Certificate of Svc.Served on 901018 ML20059P0831990-10-12012 October 1990 Notification of 901017 Meeting W/Nrc in Rockville,Md to Discuss Decommissioning of Facilities ML20055G5821990-07-19019 July 1990 Notification of 900802 Meeting W/Util in Rockville,Md to Resolve NRC Comments Re Util 900105 Defueled OL Tech Specs ML20059B9961990-07-19019 July 1990 Notification of Significant Licensee Meeting 90-92 W/Util on 900731 in King of Prussia,Pa to Discuss Facility Proposal for Mods to Operator Licenses & Requalification Program to Reflect Defueled Condition ML20248B8451989-09-21021 September 1989 Submits Agenda for 890928 Meeting W/Util in Rockville,Md Re Current Plant Status,Response to NRC ,Plant Staffing Until Transfer of License,Plans for Transfer & Other Licensing Action Requests ML20247L8871989-09-13013 September 1989 Notification of 890928 Meeting W/Util in Rockville,Md Re Current Status of Facility ML20246P6491989-09-0606 September 1989 Notification of 890912 Meeting W/Util in Rockville,Md to Brief NRC Mgt on Current Plant Status ML20247D4191989-09-0606 September 1989 Notification of Cancellation of 890912 Meeting W/Util in Rockville,Md to Discuss Plant Current Status ML20247E6721989-07-17017 July 1989 Proposes Closeout of Plant Correspondence Control Ticket Re Environ Conservation Organization Request for Notification Whenever License Amend Requests Result in Impairment of Plant Operability.Intervenor Will Be Placed on Svc List ML20245F9381989-06-20020 June 1989 Notification of Significant Licensee Meeting 89-085,Rev 4 W/ Util on 890630 in King of Prussia,Pa Re Sale of Facility to State of Ny ML20245E0281989-06-20020 June 1989 Notification of Significant Licensee Meeting 89-085,Rev 3 W/ Util on 890623 in Region I Ofc Re Sale of Plant to State. List of Attendees Included ML20245A7331989-06-14014 June 1989 Rev 1 to Notification of Significant Licensee Meeting 89-085 on 890620 W/Util in King of Prussia,Pa to Discuss short-term Plans & Licensee Compliance Upon Shareholder Approval of Sale of Facility to State of Ny ML20058K0691989-05-26026 May 1989 Responds to Region I Request for Verification of Closeout of Four Items Per Change Notice 88-04 of NRC Insp Manual.Items Include,Diesel Generator Fuel Oil,Bwr Recirculation Pump Trip & Sampling & Analyzing Diesel Generator Fuel Oil ML20244B1131989-05-25025 May 1989 Notification of Significant Licensee Meeting 89-085 W/Util on 890620 in King of Prussia,Pa to Discuss short-term Plans & License Compliance Upon Shareholder Approval of Sale of Plant to State of Ny ML20246N0371989-05-0909 May 1989 Responds to 881208 Memo Re Escort Policy at Facility.Util Agreed,On 890419,to Upgrade Visitor Escort Requirements in Ofc & Svcs Bldg Annex or Provide Addl Security Measures ML20246G3291989-05-0404 May 1989 Cancels 890509 Meeting W/Util in Rockville,Md to Discuss Portions of Security Plan ML20246C1821989-05-0404 May 1989 Notification of 890509 Meeting W/Util in Rockville,Md to Discuss Portions of Plant Security Plan ML20248D8731989-04-0505 April 1989 Discussion of Shoreham Full Power Ol.* Advises of 890417 Public Meeting in Rockville,Md for Director of NRR to Discuss Findings on Whether Lilco Should Be Granted Full Power Ol.W/Certificate of Svc.Served on 890405 ML20247E6801989-03-28028 March 1989 Discusses 890327 Telcon W/E Lane Reporter for Newsday Re Consideration Given to Idea of Dry Cask Storage ML20246M4801989-03-22022 March 1989 Notification of 890328 Meeting W/Util in Central Islip,Ny to Discuss Emergency Planning Issues ML20236A0241989-03-0808 March 1989 Notification of 890309 & 10 Meetings W/Util in Rockville,Md to Discuss Final Resolution of Tech Spec Certification Issues ML20236C3491989-03-0303 March 1989 Forwards Floppy Disk Which Contains NRC Staff Emergency Planning Exercise Testimony Re Contention 1 (Scope) in Ascii Format.Attachments to Testimony Could Not Be Scanned for Transfer to Disk by Equipment.W/O Disk ML20235V1851989-03-0202 March 1989 Requests Recipients Views Re Proposed Oral Argument in Connection W/Intervening Govts Appeal from Licensing Board 890103 Memorandum & Order on Emergency Exercise Contentions, by 890313 ML20235V6081989-03-0101 March 1989 Forwards Testimony of F Kantor,Em Podolak & Rt Hogan on Scope of Exercise & NRC Views on Effect to Be Given to Rebuttable Presumption of FEMA Findings Per Commission 881201 & Board 890206 Order ML20235M4361989-02-24024 February 1989 Notification of 890301-02 Meetings W/Util in Rockville,Md to Resolve Tech Spec Certification Issues.List of Proposed Tech Spec Changes Encl ML20235V3121989-02-0808 February 1989 Forwards Wh Briggs Confirming Telcon Discussions Re NRC Decision Not to Take Advantage of Invitation to Be Heard at 890206 Hearing ML20245E9651989-02-0202 February 1989 Recommends Forwarding of Encl FEMA & Draft Alert & Notification Sys Rept to Licensee for Info & Use ML20244C5031988-12-15015 December 1988 Forwards Comments on Util Response to FEMA post-exercise Assessment 880607-09 of Local Offsite Radiological Emergency Response Plan,Rac Review Comments for Rev 10 of Plan & Ingestion Pathway Brochure ML20196F7491988-12-0505 December 1988 Forwards Corrected Page 2 of CLI-88-9.Date Changed to 870310 from 870513.Served on 881205 ML20206J5871988-11-0808 November 1988 Advises That Each Footnote Number Commencing W/Footnote 4 in NRC Response to Lilco Request for Immediate Authorization to Operate at 25% Power Filed on 881031 Should Be Reduced One Number ML20205N2681988-11-0101 November 1988 Forwards Corrected Page 8 for Insertion in NRC Answer to Lilco Request for Resumption of Immediate Effectiveness Review.Intervenors Asked for Stay of LBP-88-24 Not ALAB-902 ML20204G0171988-10-17017 October 1988 Forwards SER on Operation at 25% of Full Power for Plant. NRC Will Submit Pleading Re Lilco Application for 25% Power License for Plant within Next Wk.W/O Encl ML20204G4251988-10-0707 October 1988 Forwards 881006 Meeting Notice Issued by Region I Scheduling Meeting on 881017 W/Lilco to Discuss Readiness for Startup Activities ML20204E3181988-10-0606 October 1988 Notification of Significant Licensee Meeting 88-161 W/Util on 881017 in Region I Ofc to Discuss Startup Activities at Plant Pending Issuance of Full Power OL ML20155C6941988-10-0505 October 1988 Advises That Review Briefing for Listed Plants Scheduled for 881013.Viewgraphs Encl ML20244C4831988-10-0404 October 1988 Partially Withheld Memo Re Review of Public Info Document IA-89-100, Advises That Aslab Affirms Determination That Feb 1986 Exercise of Emergency Plan Insufficient in Scope1988-09-27027 September 1988 Advises That Aslab Affirms Determination That Feb 1986 Exercise of Emergency Plan Insufficient in Scope ML20247Q8941988-09-27027 September 1988 Advises That Aslab Affirms Determination That Feb 1986 Exercise of Emergency Plan Insufficient in Scope ML20154P8311988-09-26026 September 1988 Forwards Decision Issued on 880923 by Board,Requesting Review of Commission Discovery Processes,Per 880711,12,14 & 19 Hearings,As Noted on Page 130.W/o Encl.Served on 880927 ML20154P4091988-09-26026 September 1988 Notifies of Aslab Reconstitution.Cn Kohl,Chairman & as Rosenthal & Ha Wilber,Members.Related Correspondence ML20247Q8671988-09-22022 September 1988 Advises of Aslab Remand of Proceeding on 1988 Emergency Exercise to OL-5 Licensing Board ML20154K9811988-09-16016 September 1988 Forwards NRC Response to Intervenors Motion for Appointment of Licensing Board to Hear Exercise Results & Regional Assistance Committee Review of Rev 10 to Plant Local Offsite Radiological Emergency Plan.W/O Encls ML20154K9701988-09-16016 September 1988 Forwards Pages 3 & 5 to NRC Response to Intervenors Motion for Appointment of Licensing Board to Hear 1988 Exercise Results,Correcting Dates ML20245D6441988-09-14014 September 1988 Requests Encl FEMA & Rept Re Review of Plant Emergency Plan Be Sent to Licensee.Although Seven Plant Elements Rated Inadequate,Exercise Held on 880607-09 Demonstrated Adequate Overall Preparedness 1997-11-28
[Table view] Category:MEMORANDUMS-CORRESPONDENCE
MONTHYEARML20202D5011997-11-28028 November 1997 Forwards Table Summarizing Contractor Costs,Staff Hours & FTEs Expended in Removing Sites from Site Decommissioning Mgt Plan & Fsv & Shoreham Nuclear Power Facilities,In Response to C Paperiello 970605 Memorandum NUREG-1299, Forwards Continuation of Curtiss Papers to Be Filed Under Commission Correspondence in Pdr.Advanced Copy Sent to Pdr. List of Documents Included in Four Boxes Encl1994-06-29029 June 1994 Forwards Continuation of Curtiss Papers to Be Filed Under Commission Correspondence in Pdr.Advanced Copy Sent to Pdr. List of Documents Included in Four Boxes Encl ML20059J7931994-01-26026 January 1994 Responds to Request for Headquarters to Review Changes to Shoreham Nuclear Power Station Revised Security Plan for Long Term Defueled Condition,Fuel Storage in Spent Fuel Pool,Rev 2,dtd 930701 ML20056G8501993-08-25025 August 1993 Notification of Significant Licensee Meeting 93-113 W/Util on 930908 to Discuss Transfer of Fuel from Shoreham to Limerick ML20128H5441993-02-0303 February 1993 Notification of 930222 Meeting W/Util in Wading River Road, Ny to Discuss Schedule for Util Final Survey & NRC Confirmatory Survey of Shoreham Nuclear Power Station ML20062E9801990-11-15015 November 1990 Summary of 901107 Telcon W/Util,New York Power Authority & Stone & Webster Re Reactor Pressure Vessel Transportation ML20062C2841990-10-18018 October 1990 Forwards Requests for Hearing Filed by Shoreham-Wading River Central School District & Scientists & Engineers for Secure Energy,Inc Re Various NRC Licensing Actions Addressed on 901017.W/o Encl.W/Certificate of Svc.Served on 901018 ML20059P0831990-10-12012 October 1990 Notification of 901017 Meeting W/Nrc in Rockville,Md to Discuss Decommissioning of Facilities ML20055G5821990-07-19019 July 1990 Notification of 900802 Meeting W/Util in Rockville,Md to Resolve NRC Comments Re Util 900105 Defueled OL Tech Specs ML20059B9961990-07-19019 July 1990 Notification of Significant Licensee Meeting 90-92 W/Util on 900731 in King of Prussia,Pa to Discuss Facility Proposal for Mods to Operator Licenses & Requalification Program to Reflect Defueled Condition ML20248B8451989-09-21021 September 1989 Submits Agenda for 890928 Meeting W/Util in Rockville,Md Re Current Plant Status,Response to NRC ,Plant Staffing Until Transfer of License,Plans for Transfer & Other Licensing Action Requests ML20247L8871989-09-13013 September 1989 Notification of 890928 Meeting W/Util in Rockville,Md Re Current Status of Facility ML20247D4191989-09-0606 September 1989 Notification of Cancellation of 890912 Meeting W/Util in Rockville,Md to Discuss Plant Current Status ML20246P6491989-09-0606 September 1989 Notification of 890912 Meeting W/Util in Rockville,Md to Brief NRC Mgt on Current Plant Status ML20247E6721989-07-17017 July 1989 Proposes Closeout of Plant Correspondence Control Ticket Re Environ Conservation Organization Request for Notification Whenever License Amend Requests Result in Impairment of Plant Operability.Intervenor Will Be Placed on Svc List ML20245F9381989-06-20020 June 1989 Notification of Significant Licensee Meeting 89-085,Rev 4 W/ Util on 890630 in King of Prussia,Pa Re Sale of Facility to State of Ny ML20245E0281989-06-20020 June 1989 Notification of Significant Licensee Meeting 89-085,Rev 3 W/ Util on 890623 in Region I Ofc Re Sale of Plant to State. List of Attendees Included ML20245A7331989-06-14014 June 1989 Rev 1 to Notification of Significant Licensee Meeting 89-085 on 890620 W/Util in King of Prussia,Pa to Discuss short-term Plans & Licensee Compliance Upon Shareholder Approval of Sale of Facility to State of Ny ML20058K0691989-05-26026 May 1989 Responds to Region I Request for Verification of Closeout of Four Items Per Change Notice 88-04 of NRC Insp Manual.Items Include,Diesel Generator Fuel Oil,Bwr Recirculation Pump Trip & Sampling & Analyzing Diesel Generator Fuel Oil ML20244B1131989-05-25025 May 1989 Notification of Significant Licensee Meeting 89-085 W/Util on 890620 in King of Prussia,Pa to Discuss short-term Plans & License Compliance Upon Shareholder Approval of Sale of Plant to State of Ny ML20246N0371989-05-0909 May 1989 Responds to 881208 Memo Re Escort Policy at Facility.Util Agreed,On 890419,to Upgrade Visitor Escort Requirements in Ofc & Svcs Bldg Annex or Provide Addl Security Measures ML20246C1821989-05-0404 May 1989 Notification of 890509 Meeting W/Util in Rockville,Md to Discuss Portions of Plant Security Plan ML20246G3291989-05-0404 May 1989 Cancels 890509 Meeting W/Util in Rockville,Md to Discuss Portions of Security Plan ML20245D2381989-04-24024 April 1989 Staff Requirements Memo Re Discussion of Full Power License on 890417 in Rockville,Md.Presentors for Licensee Listed ML20245C8711989-04-21021 April 1989 Staff Requirements Memo on Commission 890420 Affirmation/ Discussion in Rockville,Md Re Full Power OL for Plant ML20248D8731989-04-0505 April 1989 Discussion of Shoreham Full Power Ol.* Advises of 890417 Public Meeting in Rockville,Md for Director of NRR to Discuss Findings on Whether Lilco Should Be Granted Full Power Ol.W/Certificate of Svc.Served on 890405 ML20247E6801989-03-28028 March 1989 Discusses 890327 Telcon W/E Lane Reporter for Newsday Re Consideration Given to Idea of Dry Cask Storage ML20246M4801989-03-22022 March 1989 Notification of 890328 Meeting W/Util in Central Islip,Ny to Discuss Emergency Planning Issues ML20236B5361989-03-13013 March 1989 Staff Requirements Memo Re Affirmation/Discussion & Vote Approving Order to Dismiss Suffolk County,State of Ny & Town of Southampton as Parties in Proceeding Due to Intervenors Conduct ML20236A0241989-03-0808 March 1989 Notification of 890309 & 10 Meetings W/Util in Rockville,Md to Discuss Final Resolution of Tech Spec Certification Issues ML20236C3491989-03-0303 March 1989 Forwards Floppy Disk Which Contains NRC Staff Emergency Planning Exercise Testimony Re Contention 1 (Scope) in Ascii Format.Attachments to Testimony Could Not Be Scanned for Transfer to Disk by Equipment.W/O Disk ML20235U2681989-03-0303 March 1989 Staff Requirements Memo on Commission 890221 Oral Argument in Rockville,Md Re Sanction Issue in Plant Proceedings ML20235V1851989-03-0202 March 1989 Requests Recipients Views Re Proposed Oral Argument in Connection W/Intervening Govts Appeal from Licensing Board 890103 Memorandum & Order on Emergency Exercise Contentions, by 890313 ML20235V6081989-03-0101 March 1989 Forwards Testimony of F Kantor,Em Podolak & Rt Hogan on Scope of Exercise & NRC Views on Effect to Be Given to Rebuttable Presumption of FEMA Findings Per Commission 881201 & Board 890206 Order ML20235M4361989-02-24024 February 1989 Notification of 890301-02 Meetings W/Util in Rockville,Md to Resolve Tech Spec Certification Issues.List of Proposed Tech Spec Changes Encl ML20235N4721989-02-0909 February 1989 Staff Requirements Memo Re 890202 Affirmation/Discussion & Vote in Rockville,Md on SECY-89-003 Re Intervenor Motion to Admit New Contentions on Medical Svcs for Shoreham & SECY-88-357 Re Matls Licensing Adjudications ML20235V3121989-02-0808 February 1989 Forwards Wh Briggs Confirming Telcon Discussions Re NRC Decision Not to Take Advantage of Invitation to Be Heard at 890206 Hearing ML20245E9651989-02-0202 February 1989 Recommends Forwarding of Encl FEMA & Draft Alert & Notification Sys Rept to Licensee for Info & Use ML20244C5031988-12-15015 December 1988 Forwards Comments on Util Response to FEMA post-exercise Assessment 880607-09 of Local Offsite Radiological Emergency Response Plan,Rac Review Comments for Rev 10 of Plan & Ingestion Pathway Brochure ML20196F7491988-12-0505 December 1988 Forwards Corrected Page 2 of CLI-88-9.Date Changed to 870310 from 870513.Served on 881205 ML20206J5871988-11-0808 November 1988 Advises That Each Footnote Number Commencing W/Footnote 4 in NRC Response to Lilco Request for Immediate Authorization to Operate at 25% Power Filed on 881031 Should Be Reduced One Number ML20205N2681988-11-0101 November 1988 Forwards Corrected Page 8 for Insertion in NRC Answer to Lilco Request for Resumption of Immediate Effectiveness Review.Intervenors Asked for Stay of LBP-88-24 Not ALAB-902 ML20204G0171988-10-17017 October 1988 Forwards SER on Operation at 25% of Full Power for Plant. NRC Will Submit Pleading Re Lilco Application for 25% Power License for Plant within Next Wk.W/O Encl ML20204G4251988-10-0707 October 1988 Forwards 881006 Meeting Notice Issued by Region I Scheduling Meeting on 881017 W/Lilco to Discuss Readiness for Startup Activities ML20204E3181988-10-0606 October 1988 Notification of Significant Licensee Meeting 88-161 W/Util on 881017 in Region I Ofc to Discuss Startup Activities at Plant Pending Issuance of Full Power OL ML20155C6941988-10-0505 October 1988 Advises That Review Briefing for Listed Plants Scheduled for 881013.Viewgraphs Encl ML20244C4831988-10-0404 October 1988 Partially Withheld Memo Re Review of Public Info Document IA-89-100, Advises That Aslab Affirms Determination That Feb 1986 Exercise of Emergency Plan Insufficient in Scope1988-09-27027 September 1988 Advises That Aslab Affirms Determination That Feb 1986 Exercise of Emergency Plan Insufficient in Scope ML20247Q8941988-09-27027 September 1988 Advises That Aslab Affirms Determination That Feb 1986 Exercise of Emergency Plan Insufficient in Scope ML20154P4091988-09-26026 September 1988 Notifies of Aslab Reconstitution.Cn Kohl,Chairman & as Rosenthal & Ha Wilber,Members.Related Correspondence 1997-11-28
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' / o UNITED STATES 87 .,.(
' ' go NUCLEAR REGULATORY COMMISSION f
" WASHINGTON, D. C. 20555
+
x *..y' 2.* September 27, 1988 Docket No 50-322
. : ,, . , ..: u + ; . % ., c. %qt.;
MEMCRANDUH FOR: Thomas Murley, Director Nuclear React'r Regulation "
FROM: Joseph F. Scinto .
Acting Assistant General Counsel for Hearings ~ ~t - -' .
SimJECT: SH0REHAP; APPEAL ' BOARD 'A'F FIPy.S* DETERMINATION THAI THE FEBRUAP,Y 1986 EXERCISE OF LILCO'S EMERGENCY PLAN WAS INSUFFICIENT IN SCOPE (ALAB-900)
' In' ALAB-900, issued September P0, 1988, the Appeal Board affirned the determination by the Licensing Board in LBP-87-32 that the February 1986 exercise of LILCO's emergency plan was not sufficient in scope to comply with the Cornission's regulatory requirements. At the outset, the Appeal Board found that the design or scope of an exercise is an appropriate subject for litigation because it is gcverned by regulation in 10 C.F.R Part 50, Appendix E, 6 IV.F.1 and is r,aterial to a licensing decision.
The Appeal Board stated that 10 C.F.R. Pert 50, Appendix E, 6 IV.F.1.
requires thit there be a " full participation" exercise before plant licensing which tests the major observable pertions" of the offsite ar.d onsite plens and met.ilizes sufficient numbers of personnel and resources to verify an -
" integrated capability" to respond to the accident scenario being tested.
This exercise must be one that tests as many elements of the plan as are reasonably achieva5le without mandatory public participation. The Appeal _
Board further stated that when 6n applicant claims it cannot test an element of an erergency plan which does not require public participation, the applicant riust demonstrate that the natter is not significant or that other justification for licensing exists under 10 C.F.R..b50.47(c)(1). sin'all; instances, the burden of proof is on the applicant to show that an exercise -
is of sufficient scope to be considered a " full participation exercise",which tests all
- major observable portions" of,the emergency' plan. m u d, For the purpose of assessing the scope of an exercisI'IIbe Appeal Board ruled that prior practices of FEMA and the NRC are notMeterminative31ncetthef:: - '
scope of an exercise must be judged according to the regulatory requirements N This point was made in connection with FEMA guidance that suggests sthat the ,
vrrious elements of the plan may be tssted over4alsik-year phriod.VThel Appeal Board concluded that the regulation requires all "the' major observable
portions' of the plan to be tested in the relicensing exercise. The Appeal Ecard also ruled that it is innaterial whether FEMA labels an item as a <
g.3 4
1 l 8904070217 890406 W, PDR FOIA BELAIRB9-100 PDR - I
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. e 8 . .
" deficiency" or characterizes it of lesser significance since the burden still remains on an applicant to show that an exercise was of sufficient scope and that a failure or omission was not of substantial importance.
Applying the regulatory standard, the Appeal Board addressed the four aspects of the Shorehan emergency plan that the Licensing Board found were not tested despite the fact that they were reasonably achievable: ,
- 1. In regard to transmission of an EBS message to WALK Radio and authentication of that message, the Appeal . Board reversed the Licensing Board. Noting that actual broadcast of the message was not reasonably achievable due to state and local laws, it found that contact with the station was not a major observable element which must be tested. ..
- 2. In regard to participation by additional school districts in the exercise, the Appeal Board affimed that the Licensing Board because LILCO had failed to demonstrate that cooperation by more than one district could not be reasonably obtained. ,
- 3. In regard to implementation of protective actions in the ingestion exposure pathway in Connecticut and New York, the Appeal Board concurred with the Licensing Board that these actions had to be tested as they were a " major observable portion" of a plan regardless of whether they were part of any prior exercise.
- 4. In regard to coordination and communication between LERO and special facilities, including ambulance companies, the Appeal Board agreed that contact with only two or three such facilities during the exercise was insufficient to 4 demonstrate LILCO's capability to perfom this " major observable portion" of the plan.
y 46 osep . -di c ng Assistant General Counsel to , gY for Hearings t . :/4 R: ef; Attachment as stated cc: James P. Murray, OGC "MO' +- Eid #
f Victor Stello, EDO P l
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Deal to keep Shoreham plant closed may die By ROBERT BELLAF10RE after that vote. an operationalShoreham.
Associated Press Writer "The Legis'_Nre has an oppor- However, the Power Authority tunity now to declare itself," billhas been blocked by keylegis-ALBANY, N.Y. (AP) - Gov. Cuomo told reporters on a flight lators from lang Island who feel Mario Cuomo said Thursday that' Thursday evening from Roches- the agreemont is too generous the Legislature's refusal to return ter. "If they want the agreement towards LILCO and too costly to-to Albany to vote on his proposed to die and the plant to open, they wards ratepayers, deal to close the Shoreham nu- just won't come back. That's all For his part, Cuorno maintains clear power plant would amount right, that's the same as voting." that without the deal, LILCO will to a "no" vote on the agreement. "If they say they're not coming receive rate incrases of 100 per-The agreement, which would back to approve the agreement. 1 cent or ao over te next 10 years close the 55.3 billion plant but that's the same as disapproving of and the safety of leng Island's 2.7 assure lAng Island Lighting Co. It and you can open the plant,"
rate increases of some 63 percent million residents will be endan-Cuomo said. "I will do everything gered by a posalble nuclear acci-over the next decade Ls scheduled I can to get them back before the dent at Shoreham.
to expire on Nov.18. 18th. What choice is there?"
The state Legislature, which But even if Cuomo calls the Charles Dumas, spokestran for has refused to approve a crucial Legislature back, he cannot crder state Senate Republican Majority portion of the deal, doesn't plan to it to vote on the deal. The portion Leader Warren Anderson, said return to the state Capitol until that Cuomo maintains requires that the Senate had no plans to the last week in November or legislative approval would allow return to Albany any earlier than early December. Shareholders the state Power Authority to build late November but that Anderson are expected to approve the deal norsiuclear generating plants on would consider changing that at a special meeting Nov. 4 and Long Island to replace the energy schedule if circumstances re-the deal will expire two weeks that would have been produced by quired.
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- n n OVER SH0REHLM He Threatens to Call Session of 1.egislature to force :
Vote Before'Nov,18
,,He suii i.oids a po.,i on, m ..,
event," Mr. Dumas continued, "that the Assembly must act first because BI DENNIS HE7ESI . It's their governor who drew up this j
, agreement and he did so with his com-Governor Cuomo has asked the lead.
ers of the State Legislature to call their missioners and with the company,
< members back to Albany to approve without consulting any Republicans."
the closing of the Shoreham nuclear in a statement.the Speaker of the As-power plant or, he said, he will call a '
sembly, Mel Miller, said, "Our plans special session himself. are open. We are prepared to come In a letter sent over the weekend, the back any time." If the Governor calls a Governor said, "I will be calling you special session, legislamrs am m-within the next several days to confer W to return, on a date to assure the Legislature's re. Too Genemens to Ulco turn prior to Nov.18." He added that if I Mr. Miller has been supportive of the an agreement cannot be reached, "I settlement. In the past,he has said that will have no choice but to call a special he would be guided by a majority of the session." j Democratic Assemblymen from long Unless the 1.egislature acts by Nov. Island. But be recently has indicated 18, the Long Island ;.ighting Company that he would press for approvat Four could pull out of its agreement to aban- Assembly Derr.7 tats from 1Ang Is-don the $5A bilhon nuc) car power plant land oppose 4fw seidement, arguing -
in return for a series of hnancial inoen- that it is too generous to Ulco and will uves. According to the agreement, ne- cost customers too mucit .
gotiated by the Governor, the plan Mr. Anderson has said that,in addi-must be approved by the Legislatur* t tion to waitir.g for the Assembly to act, two weeks after the utility's sharehold- he would be guided by the Senate's ers vote on the proposal on Nov.4. I Long Island delegation. All nine Sena-Although Lilco completed Shoreham tors from Long Island are Republican, in 1965, it has been unable to win a full- and all oppose the agreement.
er operating Ilcense for the plant . At the same time, some legislators use of difhculues with ernergency i have said that Lilco is so eager to have pl&nning. the deal approved that it would be will-A imag-Awaited Report l On Friday Ulco requested Federal j %,,g.,"to N' extend the deadline.
certain not going to let t approval to operate the plant at 25 per-cent of full power.The request came a agreement die because they don't want week after the Nuclear Regulatory to come back." He said legislators ep-Commission's staff, in a long awalted . posed 2
- ph shouW not be alW to avoid a vate.
report, said it could find no reason why )
- r. In a ress release about theletters to
,ate shorcham couldofnot at 25 percent be allowed power. The N to y. .C.
- stature's bdem Gie Gover-ems nor's fice aeW While #te settle-staff said Lincohadinstalled n'id procedures" that could a gl the ment is being considered, Ulco has punt tooperate safely at thatlevel, agM mot to operate Suomham m-Garles Dumas,a spokesman for the hardless of any authorization by pro-the Senate majority leader, Warren M. An- uclear Regulatory Commission, l derson, yesterday said ,
- Senator An- vided the actuement becomes eGective
- derson says be is not changi Pl an, ertad." '
within the prescribed Merday,a Wman timep$sr die N which is ta call the Senate into
etnor, Thomas Canroy, said: "Its sesssion on Nov. 29 or 30, to handle any Governor has led the way, but he's not
' g198g business that remains froin an emperor,The in session. islature has to act.
~. , He cannot pass a ghimaet.",,I -
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Micksville, New York... December 2, 1988 .
LILc0 Chairman and chief Executive Officer William J.
cataoosinos announced that the cornpany's board of directors met following yesterday's decision by the New York State The todayiaturenottoactontheshorehamsettlementscreement.
leeis '
decided to continue the company's policy of board purnu.ing unanimously'ty vism'ous a fun grower 11annes for the ahoreham, power plant. ,
The board indicated, however,' that if the remaining conditions required to effectuate the settlement agreement were g mes prior to assion by the HRC the to graae a intends compa.ny as parocne er dull to abide by the power linnne:e. fnr ahnrmham, agreement-unless, an.cas company's opinion, une passaga os. time has materially disadvantaged LILCo's shareholders or customers.
The board decided not to e>: tend further the stipulation in the settlement agreement which had restricted the company from operating the shoreham mogulatory commission sow) (plant above 5n4percent nac authorisma power if the Fuolear gnus operes19u. ,
since the legislature did not set by December 1, 1988, ansarding to the tems of the agreement, the company is no longer erecluded from operating the shorenam plant above G persamt power lf the NRC grants such a license, and Accordingly intends to operate the plant at higher levels following the approval of the NRC.
Dr. catacosinos said, We are disappointed that the New York State legislature did not act on the settlement agreement which was carefully conceived to baisn.1e the interests of all parties. We believe that it is impcytant to end the sentroversy' surrounding Shoreham so that LILC0 and state and local officials een work together te. resolve the energy shortages on Long Island."
The company's chairman further commented that, "We continue to believe that the operation of shoreham is in the public interest because it would imreediately resolve the power enersme.. ... s,ane 2 eland and valieve the gempany of itstr e me-uvwadwywndunuu un suruagn ELL to produas enestr3.etere oneeureged by resone preerose in she shoreham presse4Lnes before the Nuclear Regulatory Commission." .
on. eE... .Auw. ...s:1.ni.4 u ww.ny.un'. rwnA6awu u-w it could not renegotiate the terms of the settlement. The New Yct.k state public service commission had established the rates under the settlement at minimum levels necchtary for the company to provide adequate service to its customer and return the 1
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emmpany to' financial health. Dr. Cataicosinos said that the '
" company oculd not fulfill its obligat; ion to its customers .and shareholders,by renegotiating the terms,,of the eettlement '
agreement. - -
l In addition, the company ham deol'ded to restest rate '
relinf from t.he puh11n marvina commins:Lon -(pac). Accordingly, the e any will request that the canntesten usinstate the , ,
company a April 1988 rate roguest for a 5.4 percen Tuw company will ask the rac sur t,wuwerary ami.e a 11es t increase.1ve errowt.
January 1, 1989. The company has Act received a rate increase for nearly three years.
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December 5,1938,
! MEMORANDUM FOR: Richard W. Krim Assistant Associate Director Office of Natural and Technological Hazards Federal Emergency Management Agency ;
FROM:
Frank J. Congel, Director Division of Radiation Protection and Emergency Preparedness Office of Nuclear Reactor Regulation .,
SUBJECT:
FEMA SUPPORT FOR NRC LICENSING OF SHOREHAM NVCLEAR POWER STATION
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r Long Island Lighting Compar,y (LILCO) has provided its responses to the FEMA Post Exercise Assessment for the June 7-9, 1988 Exercise and the FEMA Regional.
Assistance Committee coninents on Revision 10 of the offsite. plan. The responses are enclosed.
In accordance wf th the April 9,1985 NRC/ FEMA Memorandum of Understanding, we Please request that FEMA review LILCO's_ responses to the two FEMA reports.
advise us as to whether LILC0's responses adequately address the areas requiring corrective action as identified during the exercise and the outstanding plan inadequacies. LILC0 has comitted to incorporate the proposed plan changes into the next plan revision, currently' scheduled for May 1989.
If you have any questions, please call me at 492-1088.
Original signed by FrankJ.Congel Frank J. Congel, Director Division of. Radiation Protection and Emergency Preparedness Office of Nuclear Reactor Regulation
Enclosure:
Ltr. from LILCO to NRC dtd. 11/21/88 DISTRIBUTION w/o enclosure:
Stello, EDO FJMiragl'.a. NRR LJCunningham, NRR FPGil;espie, NRR CRVan Niel, NRR JMTaylor, EDO JPMurray, OGC SWBrown, NRR FKantor, NRR JScinto, OGC STHogan,MRR IHusar, FEMA EReis, OGC JLBlaha, NRR MLawless, FEMA TEMurley, NRR WTRussell, RI E00 R/F DMCrutchfield, NRR RRBellany, RI PDR R/F /
JHSniezek, NRR FJCongel, NRR PEPB R/F WDTravers, NRR RJBarrett, NRR Central Files S/ B/ RR C/P R D/DREP/NRR PEPB/NRR s, RTHogan:1r T r WD rs FJCongel 12/'l /88 12/ 88 12g8 12Q88 Cr
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