ML20205S209

Responds to 860504 Ltr Re Concerns About Evacuation Plan & Safety of Nuclear Power Plants.Nrc Determined Plant in Compliance W/Federal Laws.Suffolk County & State of Ny Concerned About Emergency Plans

ML20205S209
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/04/1986
From:	Bernero R Office of Nuclear Reactor Regulation
To:	Glassman S AFFILIATION NOT ASSIGNED
Shared Package
ML20205S213	List: ML20205S209 ML20205S226
References
NUDOCS 8606120085
Download: ML20205S209 (2)

Text

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NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 7;

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• • • • • y 041986 Mrs. Leonard Glassman 775 Turf Road North Woodmere, New York 11581

Dear Mrs. Glassman:

I am pleased to respond to your letter dated May 4,1986, in which you expressed concerns about the evacuation plan for the Shoreham Station and about the safety of nuclear power plants in general.

Federal regulations require that no operating license for a nuclear power reactor will be issued unless the NRC finds among other matters that there is reasonable assurance that adequate protective measures, including an offsite emergency evacuation plan, can be taken in the event of a radiological emergency.

The NRC will base its finding concerning the adequacy of the offsitgemergency plan on a review of the Federal Emergency Management Agency (FEMA) findings and determinations as to whether the State and local emergency plans are adequate and whether there is reasonable assurance that they can be implemented. In the case of Shoreham, the State of New York and Suffolk County (the County

.where Shoreham is located) determined that they would oppose Long Island Lighting Company's (LILC0's) efforts to obtain an operating license for the Shoreham plant, based upon Suffolk County's belief that the populace within the vicinity of the Shoreham plant could not be safely evacuated in the event of a radiological accident.

Extensive hearings were held on LILC0's application for an operating license.

With respect to all contested environmental and health and safety issues other than emergency planning, the Commission and its adjudicatory boards determined that the Shoreham facility is in compliance with Federal laws and regulations and may be licensed to operate. On that basis, and because offsite emergency is not required for low levels of power operation, a low power planning license (for levels up to 5% of rated power) was issued to LILC0 in July 1985.

With respect to emergency planning, an NRC Licensing Board and FEMA have now determined that LILC0 has satisfied virtually all applicable regulatory requirements. However, Suffolk County and the State of New York continue to have concerns over their ability to develop adequate offsite emergency plans for the plant, and a New York State court has determined that LILC0 is pro-hibited by State law from implementing its own offsite emergency plan. An NRC Licensing Board and Appeal Board have determined, as a matter of law, that the State laws in question are not preempted by Federal law; LILC0 has sought review of this determination by the Commission which is now considering LILC0's request.

However, in view of the current state of the law, as determined by the NRC's adjudicatory boards, and because an implementable offsite emergency plan is important for providing reasonable assurance as to the adequacy of emergency planning for a nuclear reactor, it is presently unclear whether LILC0 will be able to obtain a license to operate the Shoreham plant in the absence of further adjudicatory or legislative action.

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Mrs. Leonard Glassman JUN 04 W In your letter, you also expressed concerns about the safety of nuclear power plants in view of the TMI accident and urged "... phasing out the most dangerous plants". At the NRC, we recognize the importance of protecting the health and safety of the public and will issue appropriate orders, even a plant shutdown, if an unsafe or potentially unsafe condition exists. For example, following the TMI accident, the NRC ordered all power plants with reactors manufactured by the TMI reactor vendor to be shutdown until thorough reviews could be made to assure that adequate safety precautions were in place. Since the TMI accident, the licensees for all nuclear power plants in the U.S. have implemented extensive safety improvements involving every safety related aspect of the plants, including improvements for offsite emergency planning. A full power license for Shoreham will only be issued when the NRC has reasonable assurance that such operation would not be detrimental to the health and safety of the public.

We appreciate your taking the effort to write us and this opportunity for a reply. Should you have additional questions, please feel free to let us know. ,

Sincerely, Wistaal signed By:

, h bortu. h rnere Robert M. Bernero, Director Division of BWR Licensing Office of Nuclear Reactor Regulation DISTRIBUTION Yellow.Tkt._No. 869282, Docket No. 50-322 Docket File'w/ incoming NRC PDR LPDR HDenton/DEisenhut RBernero WHouston WButler RLo w/ incoming PPAS DMossburg/ Toms KPulsipher M0'Brien w/ incoming PD#4 w/ incoming w ,g, PD#4/LA PD#4/PM PD#4/D DD/ DBL D/ DBL D 4R

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