ML20080G943

Motion to Compel Expedited Production of State of Ny Emergency Preparedness Plan

ML20080G943
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/10/1984
From:	Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20080G930	List: ML20080G926 ML20080G943 ML20080G953 ML20080G975
References
ISSUANCES-OL-3, NUDOCS 8402140049
Download: ML20080G943 (11)

Text

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o,._ o LILCO, 1984 y

Februaryigdggro e j UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Nh FEg 73 A10:53 r n --

Eefore the Atomic Safety and Licensing Board 7.5 3 77 , .

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In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

) (Emergency Planning Proceeding)

(Shoreham Nuclear Power Station, )

Unit 1) )

LILCO'S MOTION TO COMPEL EXPEDITED PRODUCTION OF THE NEW YORK STATE EMERGENCY PREPAREDNESS PLAN LILCO hereby moves that this Board compel New York State to produce the New York State Emergency Preparedness Plan, as further particularized below, and that it give this motion expedited consideration. In support thereof LILCO states as follows:

On February 8, 1984, counsel for LILCO requested counsel for the State of New York, by telephone call and by telecopier-delivered letter (Attachment 1), te provide a copy of the cur-rent New York State radiological emergency response plan, whose official name is believed to be the "New York State Emergency.

Preparedness Plan." The Plan consists of a generic State-wide plan prepared under the auspices of the New York Disaster Pre-paredness Commission, and includes State-prepared annexes or appendices for individual nuclear power plants within New York State. It also includes specific supplements or appendices prepared by each of the counties occupying the emergency h en 3sO ,3.go -

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planning zone around each nuclear plant in New York State. It also includes special supplemental materials regarding the Indian Point plant, believed to be officially entitled, "Ra-diological Emergency Response Interim Plan for Implementing Compensating Measures for Rockland County."

The New -York State Plan is a public document. Therefore, LILCO did not anticipate any objection to its production by New York State, but in view of its size and bulk, LILCO offered to pay reasonable expenses associated with its expeditious produc-tion.

LILCO noted in its February 8 requ6st that it was basical-ly a reciprocal request, since Edward P. Bennett, one of the State's intended witnesses in th.is proceeding, had requested a copy of the Shoreham Offsite Radiological Emergency Response Plan on January 31, 1984 (Attachment 2). On February 8, the same day as LILCO's request for the New York Plan, Mr. Bennett sent to counsel for LILCO a letter (Attachment 3) by Federal Express, withdrawing his January 31 request, stating that it must have been " misinterpreted" and that the requested copy of the LILCO Plan it had been "for DPC's administration purposes only and did not pertain to the ongoing litigation . . . ." A copy of Mr. Bennett's letter was also addressed to New York State counsel.

LILCO inferred from this exchange of correspondence that New York State does not intend to provide a copy of the New

York State Radiological Emergency Response Plan voluntarily.

l In'a telephone call this morning from LILCO counsel, New York State counsel confirmed that the State would not voluntarily make the-New York State Plan available, and suggested that LILCO file a request for'it under the New York Freedom of In-fonnation Act.

The New York State Emergency Preparedness Plan is the basic operational public document for emergency preparedness for the. Government of the State of New York. The DFC is required to prepare a State disaster plan, which is to be reviewed by the Governor and updated annually. New York State

. Executive Law, Article 2-B, $$ 21(3)(c), 22(3). The scope of emergencies included within,the emergency plan includes radio-logical accidents (Article 2-B, l 20(2)(a)). The requirements for the State Plan are numerous and are. set forth in 5 22(2) and (3) of Article 2-B (Attachment 4).

Knowledge of this Plan, which contains both generic and plant-specific components, is a unique and irreplaceable compo-nent in understanding how the Disaster Preparedness Commission and other New York State agencies involved in radiological

emergency response conceive and execute their duties with re-spect to nuclear power plants in New York, of which Shoreham is  ;

one. There is no substitute for this Plan in enabling LILCO to l l

understand the criticisms which New York State witnesses may make of the Shoreham Radiclogical Emergency Response Plan, and access to it is essential for that purpose.

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The availability of a document under the Freedom of Infor-mation Act does not remove it from eligibility for rormal dis-covery. Further, the delays inherent in Freedom of Information Act proceedings would render that avenue useless for purposes of this litigation.

WHEREFORE, LILCO requests that this Board require New York State to produce a complete copy of its current New York State Radiological Emergency Preparedness Plan, as defined above, forthwith and that it require the State to respond to this motion on the same expedited basis as LILCO's previous motion, dated February 6, requesting that the Board compel production of State documents reviewing the Shoreham Radiological Emer-gency Response Plan. -

Copies of this motion have been serve'd this morning on New ,

York State by telecopier, along with a formal request for pro-duction (Attachment 5).

Recpectfully submitted, LONG ISLAND LIGHTING COMPANY '

By '*

Donald P. Irwin HUNTON & WILLIAMS 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: February 10, 1984

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ATTACHMENT 1 H uwrox & WILLI AM s

' 707 East MAIN sTmEEt P.o. Box iS35 wa niN ovo N. o. c. Riemmown,vas:nn:A santa en .. 24566.000C?3

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N on r o L n , Vim G t N I A K NoxVI LLE. TEN N ES S E E February 8, 1984 l

. Fabian G. Palomino, Esq.

Special Counsel to the Governor BY TELECOPIER Executive Chamber, Room 299 State Capitol Albany, New York 12224

Dear Fabian:

This will confirm, pursuant to our discussion a few minutes ago, that the depositions will commence each morning at 10:00 rather than 9:30, in ceder to accommodate the travel schedules both of LILCO and of the Albany-based State wit-nesses.

Second, this will also memorialize my request to you for a copy of the current New York State Radiological Emergency Response Plan. This Plan consists of a generic State-wide plan prepared, I believe, under the auspices of the Disaster Pre-paredness Commission, and includes State-prepared annexes or appendices for individual nuclear plants within New York State.

It also includes specific supplements or appendices prepared by the counties occupying the emergency planning zone around each nuclear plant in New York State, usually in the form of offsite emergency response plans. This Plan is, of course, a public document, but it is a large and relatively cumbersome one, and LILCO would be willing to pay any reasonable expenses associ-ated.with its expeditious production.

It would be most useful to have this document prior to the start of depositions next week.

I should add that this request is basically a recipro- l cal ones Ed Bennett requested a copy of the current LILCO Offsite Emergency Response Plan last week from LILCO; that re-quest was transmitted to me last Friday; Monday of this week I instructed LILCO to send a copy of its Plan to Mr. Bennett as per his request.

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Hunrow & WILLIAxs I 1

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. Jim Christman of our office will be taking the depos -

tion tomorrow.

would you be,able to give him information at tnat tir e relating to production of the New York Many State thanks.Plan, with State and County annexes / appendices?

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Sincerely yours, M

Donald P. Irwin 91/730 Y

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ATTACHMENT 2 New York State Department of Environmental Conservation 50 Wolf Road, Albany, New York 12233 0001 W

Henry G. Williams Commissioner January 31, 1984 Mr. Donald P. Irwin Hunton and Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212

Dear Mr. Irwin:

I have requested from Mr. William Renz, Offsite Emergency Preparedness Coordinator for LIICO that the Department of Environmental Conservation receive a controlled copy of the SNPS Offsite Radiological Emergency Response Plan for Suffolk County. He has directed me to route this request through you due to the ongoing hearings.concerning this plan. This document should be provided to Mr. William Miner, Disaster Preparedness Administrator for the Department of Environmental Conservation.

Please inform us if there exists any problem in fulfilling this request.

Yours truly,

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4-Edward P. Bennett Chief, Impact Analysis Section Division of Air rr cc: Donald Davidoff, Director, Radiological Preparedness Mr. William Renz, LILCO Mr. Richard Taylor, NYSDEC l

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ATTACHMENT 3 New York State Departmant of Environmental Conservation 50 Wolf Road, Albany, New York 12233-0001 W

Henry G. Williams Commissioner s

February 8, 1984 Mr. Donald P. Irwin Hunton and Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212

Dear Mr. Irwin:

It appears that you have misinterpreted my request of January 31, 1984 to receive a controlled copy of the SNPS Offsite Radiological Emergency Response Plan for Suffolk County.

My request was for DEC's administration purposes only and did not pertain to the ongoing litigation on this plan. For this reason, I am rescinding my request for a controlled copy of this document until this litigation has ceased.

Yours truly,

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• Edward P, Bennett Chief, Impact Analysis Section Division of Air rr cca Donald Davidoff, Director, Radiological Preparedness l Mr. William Renz, LIICO ,

Mr. Richard Taylor, NYSDEC Mr. Fabian Palomino, Special Counsel to the Governor

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ATTACHMENT 4 Art. 2-B DISASTER PREPAREDNESS I 22

g. assist in the coordination of federal recovery efforts and coordinate recovery assistance by state and private agencies.

h. provide for periodic briefings, drills, exercises or other -

means to assure that all state personnel with direct responsibili-ties in the event of a disaster are fully familiar with response -

and recovery plans and the manner in which they shall carry out e

their r'sponsibilities, and coordinate with federa!, local or other state personnel. Such activities may take place on a regional or county basis, and local and federal participation shall be invited and encouraged.

1. submit to the governor and the legislature by March thir-ty.first of each year an annual report which shall include but need not belimited to:

(1) a summary of commission and state agency activities for the year and plans for the ensuing year with respect to the du-ties and responsibilities of the commission; (2) recommendations on ways to improve state and local ca-pability to prevent, prepare for, respond to and recover from dis-asters; (3) the status of the state and local plans for disaster prepar-edness and response, including the name of any locality which has failed or refused to develop and implement its own disaster preparedness plan and program,and J. coordinate and, to the extent possible and feasible, inte-grate commission activities, responsibilities and duties with those of the civil defense commission. .

Added L1978, c. 640, l 3; amended L1979, c. 225, l 8.

l Hiseerleet Note

) Sehe. f. Amended 1.1e79, c. sS, Effeetlee Date. section effWtive

I R, eff. Sept.1,1979, la sentene, lum- Apr.1,1979, Imrenant to 1.lem, c.

sinnlas "There la hereby" by lanret- 640, p 7. .

Int "the state fire ader**alstrator".

W Referesees 8tates em48,87,73 C.J.M. Htates M 79, MD,8tt,120,121, 1s0 to 1sM,140.

5 22. stato disaster preparedness pians

1. The commission shall prepare a state disaster prepared-ness plan and submit such plan to the governor for approval no later than one year following the effective date of this act. The governor shall act upon s.uch plan by July first of that year.

The commission shall review such plans annually.

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i 22 EXECUTIVE LAW Art. 2-B

2. The purpose of such plans shall be to minimize the effects of disasters by: (1) identifying appropriate measures to prevent disasters, (ii) developing mechanisms to coordinate the use of resources and manpower for service during and after disaster emergencies and the delivery of services to aid citizens and re-duce human suffering resulting from a d'saster, and (iii) pro-vide for recovery and redevelopment after disaster emergencies.

3. Such plans shall be prepared with such assistance from other agencies as the commission deems necessary, and shall in-clude, but not be limited to: ,

s. Disaster prevention. Plant. to prevent and minimize the effects of disasters shall include, but not be limited to:

(1) identification of potential disasters and disaster sites; (2) recommended disaster prevention projects, policies, prior-ities and programs, with suggested implementation schedules, which outline federal, state and local roles; (3) suggested revisions and additions to building and safety codes, and zoning and other land use programs; (4) suggested ways in which state agencies can provide tech. .

nical assistance to municipalities in the development of local dis-aster prevention plans and programs; (5) such other measures as reasonably can be taken to pre-vent disasters or mitigate their impact.

b. Disaster response. Plans to coordinate the use of re-sources and manpower for service during and after disaster emergencies and to deliver services to aid citizens and reduce hu-man suffering resulting from a disaster emergency shall include, but not belimited to:

(1) centralized coordination of resources, manpower and services, utilizing existing organizations and lines of authority and centralized direction of requesta for assistance; (2) the location, procurement, construction, processing, trans-portation, storing, maintenance, renovation, distribution or use of materials, facilities and services;

- (3) a system for warning populations who are or may be en-dangered;

< (4) arrangements for activating state, municipal and volun- '

teer forces, through normal chains of command so far as possi-

' ble and for continued communication and reporting; (5) a specific plan for rapid and efficient communication, and for the integration of state communication facilities during 26 P

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Art. S-B DISASTER PREPAREDNESS 5 22 a state disaster emergency, including the assignment of respon-sibilities and the establishment of communication priorities, and liaison with municipal, private and federal communication facill-ties; (6) a plan for coordinated evacuation procedures, including the establishment of temporary housing and other necessary fa-cilities; -

(7) criteria for establishing priorities with respect to the res-toration of vital services and debris removal; (8) a plan for the continued effective operation of the crimi-naljustice system; (9) provisions for training state and local government per-sonnel and volunteers in disaster response operations; (10) providing information to the public; (11) care for the injured and needy and identification and dispositionof thedead; (12) utilization and coordination of programs to assist vic-tims of disasters, with particular attention to the needs of the poor, the elderly, the handicapped, and other groups which may be especially affected; (18) control of ingress and egress to and from a disaster ares; (14) arrangements to administer federal disaster assistance; and (15) a system for obtaining and coordinating disaster infor-mation including the centralized assessment of disaster effects and resultant needs.

c. Recovery. Plans to provide for recovery and redevelop.

. ment after disaster emergencies shall include, but not be limited to:

(1) measures to coordinate stata agency assistance in recov-ery efforts; (2) arrangements to administer federal recovery assistance; l ud l (8) such other measures as reasonably can be taken to assist in the development and implementation of local disaster recovery plans.

Added L.1978, c. 640, I 3.

Historteel Note Effeettve Date. Sectica eneettw l

Apr.1. le7e. pursuant to L1efs, c.

l e00, l T.

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