ML20154S750
| ML20154S750 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/03/1988 |
| From: | Scinto J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#288-6499, TASK-AS, TASK-BN88-004, TASK-BN88-4 BN-88-004, BN-88-4, OL-3, OL-5, OL-6, NUDOCS 8806090172 | |
| Download: ML20154S750 (4) | |
Text
- 'o UNITED STATES i*- !' ' ,t NUCLEAR REGULATORY COMMISSION
, ( .,$ WASHINGTON, D. C. 20555
%,*****/ June 3, 1988 i
Docket Nos. 50-322-OL-3 50-322-OL-5 50-322-0L-6 MEMORANDUM FOR: The Atorcic Safety and Licensing Boards for Shoreham Nuclear Power Station FROM: Joseph F. Scinto, Acting Assistant General Counsel for Hearings
SUBJECT:
RECENT CORRESPONDENCE BETWEEN NRC AND FEMA AND LONG ISLAND COMPANY (BN 88-04)
Enclosed is an exchange of correspondence between NRC and FEMA and LILC0 relating to a recent announcement of agreement in principle between Long Island Lighting Co. and the State of New York concerning the Shoreham Nuclear Power Station. -
/
cs s
. Sconto, Acting
)
As nt General Counsel Hearings
Enclosure:
As Stated '/
8806090172 i
l l 8806090172 880603 PDR ADOCK 05000322 f i F PDR \
i
UNITED STATES OF AMERIC A
- NUCLEAR REGUL ATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Jn the Matter of ) Docket No. 50-322-0 L -3
) (Emergency Planning)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322- 0 L-5 (EP Exercise)
(Shoreham Nuclear Power Station, Docket No. 50-322-OL-6 Unit I) (25% Power)
CERTIFIC ATE OF SERVICE I hereby certify that copies of memorandum regarding "R E CE N T C O R RESPO N-DENCE BETWEEN NRC AND FEMA AND LONG ISLAND COMPANY (BN 88-04)"
in the above-captioned proceeding have been served on the following by deposit in the' U nited States m ail, first class or, as in dicated by an asteris k , throu g h deposit in the N uclear Reg ulatory Commission's internal mail system, this 3rd day of June 1988.
Alan S. Rosenthal, Chairman
- Howard A. Wilt,er*
Administrative Judge Administrative Judge Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D C 20555 Washington, D C 20555 Dr. W. Reed Johnson
- C hristinen Kohl, Chairman
- Administrative dudge A dminis'.rative Judge Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D C 20555 Washington, DC 20555 James P. Gleason, Chairman
- Frederick J. Shon*
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 j Washington, D C 20555 _
Jerry R. Kline* John H. Frye III, Chairman
- Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D C 20555 Washington, D C 20555 Oscar H. Paris
- Joel Blau , Esq.
i Administrative Judge Director, Utility Intervention Atomic Safety and Licensing Board Suite 1020 U.S. Nuclear Regulatory Commission 99 Washington Avenue Washington, D C 20555 Albany, N Y 12210
. Fabian G. Palomino, Esq. W. Taylor Reveley III, Esq.
Special Counsel to the Governor Donald P. Irwin, Esq.
Executive Chamber Hunton & Williams State Capitol 707 East Main Street Albany, N Y 12224 P.O. Box 1535 Richmond, V A 23212 Philip McIntire Federal Emergency Management Jonathan D. Feinberg, Esq.
A gency New York State Department of 26 Federal Plaza Public Service Room 1349 Three Empire State Plaza New York, NY 10278 Albany, N Y 12223 Douglas J. Hynes, Councilman Dr. W. Reed Johnson Town Board of Oyster Bay 115 Falcon Drive, Colthurst Tcwn Hall Charlottesville V A 22901 Oyster Bay, New York 11771 Stephen B. Latham, Esq. Herbert H. Brown, Esq.
Twomey, Latham & Shea Lawrence Coe Lanpher, Esq.
Attorneys at Law Karla J. Letsche, Esq.
33 West Second Street Kirkpatrick & Lockhart Riverhead, N Y 11901 South Lobby - 9th Floor 1800 M Street, NW Atcmic Safety and Licensing Washington, D C 20036-5891 Board Panel
- U.S. Nuclear ' Regulatory Commission Jay Dunkleberger Washington, DC 20555 New York State Energy Office Atomic Safety and Licensing Agency Building 2 Appeal Board Panel
- L :pire State Plaza U.S. Nuclear Regulatory Commission Albany, N Y 12223 Washington, DC 20555 Spence W. Perry, Esq.
Martin Bradley Ashare, Esq. General Counsel Suffolk County Attorney Federal Emergency Mar.agement H. Lee Dennison Building Agency Veteran's Memorial Highway 500 C Street, SW Hauppauge, NY 11788 Washington, DC 20472 I
l Anthony F. Earley, Jr. Dr. Monroe Schneider l General Counsel North Shore Committee i
Long Island Lighting Company P.O. Box 231 175 East Old County Road Wading River, NY 11792 Hicksville, N Y 11801 Ms. Nora Bredes l Dr. Robert Hoffman Shoreham Opponents Ccalition l Long Island Coalition for Safe 195 East Main Street Living Smithtown, N Y 11787 P.O. Box 1355 Massapequa, NY 11758
- 3-Barbara 'Newman William R. C umming , Esq.
Director, Environmental Health Office of General Counsel Coalition for Safe Living Federal Emergency Management Box 944 Agency Hu ntington, New York 11743 500 C Street, SW Washington, DC 20472 Af' red L. Nardelli, Esq.
New York State Department of Law Docketing and Service Section*
120 Broadway Office of the -Secretary Recrr 3-118 U.S. Nuclear Regulatory Commission New York, N Y 10271 Washington, DC 20555 J se p h'
)
F Scyto '
ctin g ssistatt General Counsel for arings e
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[ e sta o UNITED STATES y , o NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 yo . , g . ,s June 3, 1988 4HAIRMAN 1he Honorable Julius W. Becton, Jr., Director Federal Emergency Management Agency Washington, D.C. 20472
Dear Mr. Becton:
As requested in your telephone convarsation with me yesterday afternoon, this reaffims the Connission's position, as stated in the letter of June 1 to your Mr. Grant Peterson from Mr. Victor Stello, Jr., NRC Executive
. Director for Operations, that the Connission has no basis at this time to recomend that the planned FEMA evaluated exercise for the Long Island Lighting Company (LILCO) offsite emergency plan should not proceed as scheduled.
Subsequent to Mr. Stello's letter, we have received the enclosed letter from Mr. William Catacosinos Chairman and Chief Executive Officer of LILCO, whi'ch states that it is the intention and desire of LILCO to continue the Shoreham licensing process, including the exercise of the utility emergency plan scheduled for next week.
Under our regulations, no operating license for a nuclear power reactor will be issued unless we find that there is reasonable assurance that adequate protective measures for the public health and safety are available in the event of a radiologiaci emergency. As you are aware, the only remaining safety issue of any significance for NRC licensing the operation of the Shoreham plant is the adequacy of the utility emergency plan for the facility's emergency planning zone. The full participation exercise scheduled for next week is a critical element for the decision process for that remaining safety issue.
Under these circumstances, and in the absence of any good cause being shown to the contrary, the Connission is of the unanimous view that, as the responsible licensing agency, it should continue the Shoreham licensing process and that th,e exercise should be perfonned as scheduled.
If you desire further information on this matter, please do not hesitate to contact me.
Sincerely.
W. .
Lando W. Zech Jr.
Enclosure:
Ltr. to J. Taylor fm J. Catacosinos of LILCO dtd 06/01/88 w/ attachment J
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WELLAM J SATApesN *t June 1, 1988 Mr. James M. Taylor Depety Executive Director '
Nucl, tar Regulatory Commissio,n *
. 11555 Rockville Piks Rockville, MD 20555
Dear Mr. Taylor:
Enclosed is a copy of the letter addressed to Fr. Stallo that specifically states LILCO's desire and intention to continue the licensing of the Shoreham Nuclear Power Plant.
very truly yours,
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June 1, 1988 '
. Mr. Victor Stallo Executive Director '
U.S. Nuclear Regulatory comission One White Flint North 11555 Rockville Pike
- Room 17H1
/
Rockville, Maryland 20052 '
Rei Shoreham Nuclear Power Station Dear Mr. Stallo l
This letter will confirm our oral advice to you last week that LILCO has reached an agreement in principle concerning a settlerr.ent of issues between it and various government agencies in New York State relating to the shoreham Nuclear Power Station.
Wo are in the process of drafting documents to reflect these agreements. Even af ter they have been cesopleted and signed, the agreement will not become effective until a number of contingencies have occurred, a process that will take c7 proximately three months. LILCo will continue the licensing of t).e plant until such time as all contingencies have been satisfied, at which time comission approval of the transfer of control of the plant and its relevant licenses will be sought.
During the three-month period contemplated for satisfaction of the contingencies, the company has agreed not to operate the plant at greater than 5 percent of full power should the
, cc:t;niscion remove its present restriction on the license to low -
po'aer ard testing operations.
As soon as documents reflecting the agreement to enter into a settlement have been completed we will provide them to you end your staff. In the meantime, it is the intention and desire of the company to continue the Shoreham licensing process, including the full participation exercise scheduled for next week of the utility emergency plan for the Shoreham EP2.
. Sincerely,
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June 1, 1988
.Y . James M. Taylor Deputy Executive Director
- 1:uclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20555 Daar Mr. Taylor Enclosed is a copy of the letter addressed to ICf. Stello that specifically states LILCO's desire and intencion to continue'the licensing of the Shoreham
'Leloce Power Plant.
very truly yours,
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LONG ISLAND LIGHT 1NG COMPANY extevTive orricssi 17e E As? oLO COUNTRY RO AD . HICK 8VM.E. NEW YORK 11:01 EU/ 5NfcEv78-en June 1, 1988 Mr. Victor Stello c::cutive Director
'J.C. liucic.r Regulatory cerrJnission
^ .0 V.t.:cco I' lint North
. I,LE R:,ekville Pike '
it.::ta 17i:1 IMc%ville, Maryland 20852 Re Shoreham Nuclear Power station L::.: I*c. Stello:
This letter will confirm our oral advice to you last veek that LILCO has reached an agreement in principle concerning i
a Sett:.t.r..ont of issues between it and various government agencies 1r. New '.'crk State relating to the shoreham Nuclear Power Station.
k's arc in the process of drafting documents to reflect these Egre-l.onte. Even af ter they have been coinpleted and signed, the acreement .1111 not becemo> effective until a number of c3 ntingencio:: have occurrsd, a process that will take apprc:dtrately threo months. LILCo will continue the licensing of tr.e plant until cuch time as all contingencies have been ss.isfied, at which time commission approval of the transfer of c:7. trol of the plant and its relevant licenses will be sought.
D cing the threa-month period contemplated for satisfaction of the continpncies, the company has agreed not to operate the plant at groater than 5 percent of full power should the Curani.ssien remove its present restriction on the license to low p:Wer ar.C tactinry operations.
A coon as documents reflecting the agreement to enter
. intt a settlomant have boon completed we will provide them to you ar d your staff. In the meantime, it is the intention and desire l of the company to continue the Shoroham licensing process, in:3uding the full participation exercise scheduled for next wack of the utility or..orgency plan for the Shoreham EP2.
Sincerely, AMW ------
Tb(pblS N P
50-321
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UNITED STATE 3 E e g NUCLEAR REGULATORY COMMISSION D 't WASHING TON, D. C. 20555
\f..,b//e !m 1, m Mr. Grant C. Peterson Assactate Director Stz.e and Local Programs and Support Femral Emergency Management Agent 50: C Street, SW, R-706 Wasiington, D(, 20472 ,
Dea- Mr. Peterson:
This responds to the question raised in your memorandur of May 31, 1988 to me as :o whether the planned FEMA evaluated exercise for the LILCO offsite ~
eme7ency plan should proceed at this time. .
This is to advise you that the Comission has no basis at this time to rec:nmend that the exercise should not proceed as scheduled. We have heard not'ing from the applicant which suggests that it has plans other than to pro:eed with its application for an operating license for the Shoreham plant.
We tave requested the applicant to advise us promptly if it has plans to the contrary.
Sincerely, h LO Vi e Executive Director for Operations
Enclosure:
As stated i
/* .1 YA f A Spownon s<O ja
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" % UNITED STATES g 't, NUCLEAR REGULATORY. COMMISSION
,, g waswiNovow. o. c. roS55 OT e . . . * ,o $ 1. 38 Mr. William J. Catacosinos Chairman and Chief Executive Officer Long Island Lighting Company 175 East Old Country Road Hicksville, NY 11801
Dear Mr. Catacosinos:
It is our understanding from the media reports that Long Island Lighting Company and the State of New York have reached an agreement, at least in principle, which, if finalized would effect the transfer of the Shoreham plant to a state agency for shutdown and perhaps decomissioning.
As the penultimate paragraph in the enclosed FEMA letter of May 31, 1988 to we indicates, it is important that LILCO inferin the NRC promptly of any change to its plans to proceed with its pending application for a license to operate the Shoreham plant. It is important that you provide this information to the NRC at the earliest possible time.
You understand, of course, that any transfer of the Shoreham plant is subject to the prior review and approval of the NRC in accordance with the provisions of 10 CFR Part 50.
Sincerely,
^-
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Victor Ste .Jrv Executive Director for Operations
Enclosure:
FEMA 5/31/88 Letter i
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. Washington, D.C. 20472
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MAY 31 1988 Mr. Victor Stello, Jr.
Executive Director for Operations Nuclear Regulatory Commission Washington, D.C. 20555
Dear Mr. Stello:
On January 27, 1988, the Nuclear Regulatory Commission (NRC) requested the Federal Emergency Management Agency (FEMA) to review Revision 9 of Long Island Lighting Company's (LILCO) offsite emergency plan for the Shoreham Nuclear Power Station, under the provisions of the April 1985 IRC/ FEMA Memorandum of Understanding and certain criteria and assumptions, as indicated below. FEMA was also requested to provide a finding, i.e.,
indicate whether in the framework of those criteria and assunptions, FEMA has reasonable assurance that the plans can protect the health and safety of the public living in the vicinity of the plant.
We were requested to review the plan under the criteria of uie interim-use document entitled Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants (Criteria for Utility Of fsite Planning and Preparedness). That document has been published as Supolement 1 to NIEEG-0654/ FEMA-REP-1, Rev.1.
As requested by NRC, FEMA also used 3 assumptions in reviewing and evaluating .
the LILCO plan. Those assumptions are that in an actual radiological emergency, State and local officials that have declined to participate in emergency planning will:
- 1) Exercise their best efforts to protect the health and safety of the public,
- 2) Cooperate with the utility and follow the utility plan, and 3)Have the resources sufficient to implement those portions of the utility offsite plan where State and local response is necessary.
It is further understood that in any subsequent hearings or litigation related to the plan review or exercise, NRC will defend the above assumptions.
Enclosed is a report on the results of a full review of Revision 9 of the LILCO plan, conducted by FEMA Region !! and the Regional Assistance Committee (RAC), using the criteria and assinptions specified by NRC. Based on
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that evaluation, Revision 9 contains 17 inadequacies. More detail on the review process and the inadequacies is contained in the enclosed report from FEMA Region 11 to FEMA Headquarters. Based on these inadequacies, ano the recammendation of FEMA Region II, FEMA does not have reasonable assurance under Revision 9 that the public health and safety can be protected in the vicinity of the Shoreham Nuclear Power Station.
However, planning for the exercise may go forward for the reasons noted bel ow. First, the utility has already provided FEMA Region 11 and the RAC with proposed plan changes to address these inadequacies. We understand that these changes were incorporated into Revision 10 of the plan. Eleven of the inadequacies in Revision 9 required relatively minor changes and the utility's proposed changes were responsive to the RAC/ FEMA concerns. For the six inadequate elements requiring more substantive revision, five of these [(i.e.,
provisions for communication with New York State (F.1.b), the public infometion program for residents, transients, and the agricultural community (G.1.a-e, G.2, and J.11), and written agreements for "first-call" canmitments with companies supplying supplementary buses for a "one-wave" evacuation of school (J.10 9)], will not affect the c'onduct of the exercite. With regard to the remaining inadequacy that must be evaluated at the exercise [i.e., planning for the monitoring and decontamination of school e,h11dren evacuated after a release (J.12)], FEMA Region Il provided technical assistance to the utility to expedite the resolution of this issue for its inclusion in Revision 10.
On May 23,1988, NRC requested FEMA to conduct a full RAC review of Revision 10 of the plan and provide a finding by July 29, 1988, NRC has also requested that the Revision 10 changes De incorporated into the exercise play of the upccrning Shoreham exercise, now scheduled for the week of June 6,1988.
Since FEMA would not be able to complete a full RAC review in that short time frame, FEMA Region II has agreed to review the changes, coordinate with the RAC where necessary, and incorporate them into the evaluation of the exercise.
A cursory review has been perfomed by FEMA Region II of the sections of Revision 10 relating to the '.nadequacy concerning the monitoring and decon-tamination of school children mentioned above in connection with element j J.12. Based on that review, we have concluded that the inadequacy has been i addressed in a manner sufficient to pemit an adequate demonstration of the i monitoring and decontamination function in the exercise.
i We note also that on April 27, 1988, the Direct 3r of the Connecticut Of fice of Civil Preparedness notified LILCO that his office "would particinte-in an interstate exercise only in full coordination with the participating l
states and local governments. We have received no such coordination."
, He further indicated that his office will not "conduct any exercise evaluation activities or any simulation activities during the proposed exercise conducted by L I LCO. " This was fully discussed by members of our staffs on May 3,1908. ,
As discussed at the meeting, although the State of Connecticut has not withdrawn frcrn participation in of fsite emergency planning for the Shoreham plant, it will be considered by NRC as a non-participating government for purposes of the exercise. As a consequence, as stated in NRC's memorandum of May 26, 1988, NRC staf f finds appropriate that the role of the State will be simulated through the use of a control cell, since the participation of the State is not reasonably achievable.
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3-We have also received the May 26, 1988 confirmation from NRC staff thJt the May 25,1988 advisory opinion from the Atomic Safety Licensing and Appeel Board does not change NRC staff's view that the current objectives for the exercise would constitute a qualifying exercise under tRC regulations. *t . is also our understanding that this confinnation has the concurrence of the hRC Of fice of General Counsel .
The above pre-exe cise arrangements notwithstanding, we think it only prudent to raise the question of whether the planned FEMA-evaluated exercise should proceed at this time. It is our understanding that only recently, LILC0 and the State of New York reached agreement in principle which will allow for the closing of the 3horeham plant. While it is possible that final agreement may not be reached, there is also the probability that Shoreham will not contir.ue to operate. In light of the additional expenditure of funds about to be spent related to the Shoreham exercise, it would be nore judicious, in FEMA's view, to postpone a FEMA-svaluated exercise at least until further i results fecn the negotiations. Letween LILCO and New York are made public. Cf course, postponement of the exercise would not prohibit continued planning and plan review litigation. Since there are only 4 working days left before the.
scheduled start of the exercise actieties, please let us know in writing by .
COB June 1,1988, of your position on this matter. If you agree with FEMA's position, we would also ask you to advise LILCO. If you disagree, please
. include your full rationale, If you have any questions, please feel free to contact me or Dave McLoughlin at 646-3692.
Si erely, Grant C. Petersen
! Associate Director j 5 tate and Local Programs l
and Support l
Enclosure As Stated l
L
i - 1 g Federal Emergency Management Agency 26 Federal Plaza New York, New York 10278
(. .
k Region 11 May 6. 1988 l MEMORANDUM ft Grant Peterson Associate Directer.
State and Local progr2ms and Support FROM: Jack Sable % D */
Regional Director
SUBJECT:
RAC Review Comments for the 1.ILCO Local Offsite Radiological Emergency Response Plan for Shoreham, Revision 9 Per your request of February 16, 1988 attached is theRegion reviewII of the referenced plan which has been conducted As r ef by erencedthe or, each pace Regional Assistance Committee (RAC).
of the document, this review has been conducted in accoraance with the interim-use and comment docueent jointly developed by FEMA and NRC entitled: Criteria for Preparation and Evalent. ion of i'. Support Radiological Emergency Response Plens and Preparedocss of Nuclear Power Plants (Criterin for Utility Offsite 1, Supp.Planning
- 1. In and Preparedness); NUREG-06S4/ FEMA-REP-1, Rev.
reviewing this plan, FEMA and the RAC have assumed that in nn actual radiological emergency, State and local officials that have declined to participate in emergency planning for the Shoreham plant will:
(1) Exercise their best efforts to protect the health and safety of the public; follow the utility (2) Cooperate with the utility and offsite plan; and to implement thone
- 13) Have the resources sufficient portions of the utilit*' offsite plan where State and locel response is necessary.
affecting tnote Although Revision 9 constitutes a major revision, than 1000 pages of LILCO's plan, the Local Emergency Response Organization's (LERO's) concept of perations remains essentially l unchanged from previous versicns of the plan that have been l reviewed. Therefore, this review builds upon RAC come.ents
- 1. 3, 5. 6, 7, and 81 of developed for previous revisions (Revs.
the plan and this updatec review reflects current operations, I
resources and status of the utility'staken offsite emergency planning in completing this effort. The following steps were review:
l l
l
I G. Peterson l May 6, 1988 Page 0 of 3 1
RAC comments for Revisions 5, 6, ana 7 heretofore ;
(1) detailed in separate documents, ano comments on Revision l 8, were consolidated into one document dated 2/11/88 and f was distributed to the RAC members.
(2) A preliminary review dated 3/17/88 of Revision 9 was conducted by FEMA Region II and contractors to the REP program. This preliminary review was distributed to the RAC, FEMA Headquarters and LILCO on March 18, 1988.
(3) Region 11 met with LILCO representatives on April 8, l 1988 and received the utility's proposed actions to resolve items rated Inadequate II) in the 3/17/88 preliminary review comments. l (4) Detailed review comments on Revis'on 9 of the pian we're received from RAC member agencies and were consolidated into an updated review document dated 4/21/sS.
(5) A RAC meeting, chaired by FEMA Regien II was held in our offices to finalize the a ttacned comments on Revision 9 of the plan. A record of this meeting was transcribed.
In the course of developing the attached updated review, the following nomenclature has neen adapted from previous reviews:
A (Adequate) The element is adequately andressed in the plan. Recommendations for improvement shown in italics are not mandatory, but their consideration would further improve the utility's offsite emergency response p3an.
l I (Inadequate) The element is inadequately addressed in the plan for the reason (s) stated in bold type.
l The plan and/or procedures must be revised before the element can be considered adequate.
For ease of understanding, the reason (s) an l
l element has been rated inadequate is, where possible, stated first.
l As a means of summarizing this rather lengthy review and for ease in understanding abbreviations used, an Element Hating Summary and List of Acronyms are provided at the end of the document.
l l
Seventeen (17) elements ace currently rated inadequate (I) and, in accordance with your request, Region II recommends a negative finding that the plan does not presently provide reasonable 1
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G. Peterson ,
May 6, 1988 Page 3 of 3 1
assurance that adequate protective measures can be taken in the event of a radiological emergency at Shoreham.
l Planning for the exercise can go forward for two reasons.
- First, the utility has provided Region II and the RAC with these inadequacies that would be proposed plan changes to address incorporated, prior to the exercise, into Revision 10 of the plan. Eleven Ill) of these inadequacies require relatively minor changes, and the utility's proposed changes are responsive to the RAC/ FEMA concerns. Second, for the six (6) inadequate elements (i.e., !
requiring more substantive revision, five (5) of these element provisions for communications with New York State, F.1,b; the public information program for residents, transients and the agricultural community, elements G.1 a-e, G.2 and J 11; and written agreements for "first-call" commitments with companies supplying supplementary buses for a "one-wave" evacuation of schools, element J.10.g) will not be exercised.
With regard to the remaining inadequacy that must be evaluated at the exercise (i.e., planning for the monitoring and release, decontamination of school children evacuated after a to the element J.10), FEMA is providing technical assistance utility to expedite the resolution of this issue for its inclusion in Revision 10.
With respect to ' ILCO's submission of Revision 10, FEMA will review the plan changes, coordinate with the RAC, and Should any incorporate them in the evaluation of the exercise.
additional changes be forthcoming, every effort will oe made to incorporate them in the exercise as well.
Based on all of the above, I recommend that the exercise proceed as planned. If you have any questions, please contact Mr.649-at FTS Ihor W. Husar, Chairman, Regional Assistance Ccmmittee, 8203.
Attachment I
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- MAY 6 1988 TEt U Ax MIM0P.ASDUM FOR: Distribution List rgow, vern.on Adler, Work .$gCpafr ,a'n
- v y Federal Raoiological Emergency Response Plan (TRERP) 5'J5)[C T :
Revisier. Work Group Meeting May 12, 1988 Q
Tee people named on the distribution list either attended or were invited te attend noetings of the Work Group drafting changes to the Federal (F R[P.P) Pian, At the last meeting (April 18), the Work GroJo agreed to me; again on May 17, 1988, to discuss the results of their respective agency $ full review c' the December 21, 1957. That meeting "A", witi be c:nvened at 9:00 am in the FEMA EICC, Task Force Area The objective of the discussion on changes to the FRERP is to arriv2 at definitive Government guidance for drafting the next iteration.. I ficoarage you to prepare your cotwents in writing, to the extent practicable, to f acilitate natual understanding of each agency's concerns.
1 look fceward to a productive meeting with the Work Group next Thursday.
Distribution
. Earl Ashworth DNA 3111 Belford W6M NCS George tickerton USDA .
truce Blanchard 001 6 Sam learnan HUD Gerald Boyd FEMA Larry lurt CDC Harry Calley EPA Wendell Carriker DOT Frank Congel NRC Robert Conley USDA Grant Dillon VA Dick Gardner DOC (NOAA)
Kathy Sant DOE-0RNL Kent Gray CDC Leven Gray NASA Dave Johnson NCS Ed Jordan NRC Walter tordek 30M Ray Kulbitskas N55C Lt. Col. Larson D00 Alex Martin NHS ,
Allen Nash FBI Pat Payne 005 Tom Reutershan NHS Al Seddon FBI Pete $111 00T John Steiner DNA L1111an Stone D01 Gordon Tassi $$A Don Thompson NHS m n o' " 4 o >> / /R /_ fg '
Ed Tisdale NHS - D OW T u N * '
lernte Weiss NRC
==* . .. .- .............:,,...
May 26, 1988 MEMORANDUM FOR: Richard W. Krimm Assistant Associate Director Office of Natural and Technological Hazards Programs Federal Emergency Management Agency f.*
FROM:
Frank J. Congel, Director Division of Radiation Protection and Emergency Preparedness Office of Nuclear Reactor Regulation
SUBJECT:
OBJECTIVES FOR THE SHOREHAM EXERCISE 25, 1986:
This documents a telephone conversation with your staff on May
- 1. We have reviewed the May 25, 1988 memorandum from the Appeal Board regarding the scope of the February 1986 emergency preparedness exercise '
at Shoreham.
memorandum to you regarding the
- 2. The view expressed in my May 20,1988 completeness of the present objectives for the June 1988 Shoreham exercise
- has not changed; i.e., we believe that these objectives constitute a "qualifying" exercise under 10 CFR Part 50 Appendix E, Section IV.F.1.
- 3. The view expressed by NRC in the May 3,1988 meeting in your office regarding the handling of the State of Connecticut's non-participation has not changed; i.e., their participation is not reasonably achievable and the use of a control cell is appropriate.
1 believe that the Licensing Board's memorandum 492-1088. supp reasonably achievable. If you have any questions please call me at Original signed by RWrd J. Sare Frank J. Congel. Director Division of Radiation Prettetion and Emergency Preparedness Office of Nuclear Reactor Regulation l
! CONTACT:
Edward M. Podolak, Jr., NRR 492-3167 DISTRIBUTION:
5ee attached
- SEE PREVIOUS C0kCURRENCE OGC* D/DR RRb SC/PEPB/NRR*
C/PEPB/NRR* FJCongel PEP 8/NRR' WDTravers EJReis EMPodolak:1r CRVan Niel 5/26/88 5/2N88 5/26/88 5/26/88 1 5/26/88
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Mr. John D. Leonard, Jr. Shoreham Nuclear Power Station .
, Long Island Lighting Company (list 1) 1 CC:
Stephen B. Latham, Esq. Gerald C. Crotty, Esq.
John F. Shea, III, Esq. Ben Wiles, Esq.
Twomey, Latham & Shea Counsel to the Governor Attorneys at Law Executive Chamber Post Office Box 398 State Capitol 33 West Second Street Albany, New York 12224 Riverhead, New York 11901 Herbert H. Brown, Esq.
Alan S. Rosenthal, Esq. , Chainnan Lawrence Coe Lancher, Esq.
Atomic Safety & Licensing Appeal Board Karla J. Letsche, Esq.
U.S. Nuclear Regulatory Comission Kirkpatrick & Lockhart Washington, D.C. 20555 South Lobby - 9th Floor 1800 M Street, N.W.
Washington, D.C. 20036-5891 W. Taylor Reveley, III, Esq.
Hunton & Williams Dr. Monroe Schneider Post Office Box 1535 North Shore Comittee 707 East Main Street Post Office Box 231 Richmond, Virginia 23212 Wading River, New York 11792 Howard A. Wilber Cabian G. Palomino, Esq.
Atomic Safety & Licensing Appeal Board Special Counsel to the Governor U.S. Nuclear Regulatory Comission Executive Chamber - State Capitol Washington, D.C. 20555 Albany, New York 12224 Atomic Safety & Licensing Board Panel Anthony F. Earley, Jr. , Esq.
U.S. Nuclear Regulatory Comission General Counsel Washington 0.C. 20555 Long Island Lighting Comoany 175 East Old County Road Atomic Safety & Licensing Appeal Board Hicksville, New York 11801 Panel
! U.S. Nuclear Regulatory Comission Mr. Lawrence Britt Washington, D.C. 20555 Shoreham Nuclear Power Station
' Post Office Box 618 Gary J. Edles. Esq. Wading River, New York 11792 Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Comission Martin Bradley Ashare, Esq.
l Washington, D.C. 20555 Suffolk County Attorney H. Lee Dennison Building Richard M. Xessel Veteran's Memorial Highway l Chairman & Executive Director Hauppauge, New York 11788 i
New York State Consumer Protection Board l
I Room 1725 Resident Insoector 250 Broadway Shoreham NPS New York, New York 10007 U.S. Nuclear Regulatory Comission Post Office Box B Jonathan D. Feinberg, Esq. Rocky Point, New York 11778 New York State Department of Public Service Regional Mministrator, Region I Three Empire State Plaza U.S. Nuclear Regulatory Comission Albany, New York 12223 475 Allendale Road King of Prussia, Pennsylvania 19406 l
=
i .
Long Island Lighting Company -?- Shoreham (1) cc:
Robert Abrams, Esq. Town Attorney Attorney General of the State Town of Brookhaven of New York 3232, Route 112 ATTN: John Corwin, Esq. Medford, NY 11763 New York State Ceoartment of Law Consumer Protection Bureau 120 Broadway 3rd Floor New York, New York 10271 Mr. William Steiger plant Manacer Shoreham Muclear Power Station Post Office Box 628 Wading River, New York 11792 MHR Technical Associates 1723 Hamilton Avenue - Suite K San Jose, California 95125 Honorable Peter Cohalan Suffolk County Executive County Executive / Legislative Building Veteran's Memorial Highway Hauppauge, New York 11788 Ms. Donna Ross New York State Energy Office Agency Buildino 7 Empire State Plaza Albanv, New York 1?223 Ms. Nora Bredes Shoreham Opponents Coalition 195 East Main Street Smithtown, New York 11787 4
Chris Nolin New York State Assembly
- Energy Committee 626 Legislative Office Building Albany, New York 12248 Peter S. Everett, Esq.
Hunton & Williams 2000 Pennsylvania Avenue, NW Washington, D.C. ?0036
Document Control Desk Room 042 RIDS Code - N005 4
- 1 l
(og UNITED STATES g NUCLEAR REGULATORY COMMISSION j
[ WASHING TON, D. C. 20555 a
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\ *****
/ June 3,'1988 1
Docket Nos. 50-322-OL-3 50 322-OL-5 50-322-0L-6 1
MEMORANDUM FOR: The Atomic Safety and Licensing Boards for Shoreham Nuclear Power Station FROM: J^seph F. Scinto, Acting Assistant General C";nsel for Hearings
SUBJECT:
RECENT CORRESPONDENCE BETWEEN NRC AND FEMA AND LONG ISLAND COMPANY (BN 88-04)
Enclosed is an exchange of correspondence between NRC and FEMA and LILC0 relating to a recent announcement of agreement in principle between Long Island Lighting Co. and the State of New York concerning the Shoreham Nuclear Power Station. .
7,
}
/ ,.
cs . Sc"nto, Acting As nt General Counsel Hearings
Enclosure:
As Stated l
4 l
l
- t. - . _ . . -
UNITED ST A TES OF AMERIC A o NUCLEAR REGUL ATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket No. 50-322-0L-3 (Emergency Planning)
L0NG ISL AND LIGHTING COMP ANY Docket No. 50-322- 0 L-5 (EP Exercise)
(Shoreham Nuclear Power Station. ) Docket No. 50-322- 0 L -6 Unit 1) ) (25% Power)
CERTIFIC ATE OF SERVICE I hereby certify that copies of memorandum regarding "R EC E N T C O R RESPO N-D EN C E B ETWEE N N R C A N D FEM A A N D LON G -ISL AN D C OMP A N Y (B N 88-04)"
in the a bove-ca ptioned proceeding have been served on the following by deposit in the U nited States m ail, first class or, as indicated by an asteris k , throu g h deposit in the N uclear Reg ulatory Commission's internal mail system, this 3rd day of June 1988.
Alan S. Rosenthal, Chairman
- Howard A. Wilber*
Administrative Judge Administrative Judge Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D C 20555 Wa s hin gton . DC 20555 Dr. W. Reed Johnson
- C hristinen Kohl, C hairman*
Administrative Judge A dministrative Judge Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D C 20555 Washington, DC 20555 James P. Gleason, Chairman
- Frederick J. Shon*
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D C 20555 Washington, D C 20555 l Jerry R. Kline* John H. Frye III, Chairman
- Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board i
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission l Washington, D C 20555 Washington, DC 20555 Oscar H. Paris
- Joel Blau , Esq.
l Administrative Judge Director, Utility Intervention Atomic Safety and Licensing Board Suite 1020 U.S. Nuclear Regulatory Commission 99 Washington Avenue Washington, D C 20555 Albany, N Y 12210
2-
- Fabian G. Palomino, Esq. W. Taylor Reveley III, Esq.
Special Counsel to the Governor Donald P. Irwin, Esq.
Executive Chamber Hunton & Williams Stato Capitol 707 East Main Street Albany, NY 12224 P.O. Box 1535 Richmond, V A 23212
. Philip McIntire Federal Emergency Management Jonathan D. Feinberg, Esq.
Agency New York State Department of 26 Federal Plaza Public Service Room 1349 Three Empire State Plaza New York, N Y 10278 Albany, N Y 12223 Douglas J. Hynes, Councilman Dr. W. Reed Johnson Town Board of Oyster Bay 115 Falcon Drive, Colthurst Tcwn Hall Charlottesville V A 22901 Oyster Bay, New York 11771 Stephen B. Latham, Esq. Herbert H. Brown, Esq.
Twomey, Latham & Shea Lawrence Coe Lanpher, Esq.
Attorneys at Law Karla J. Letsche, Esq.
33 West Second Street Kirkpatrick & Lockhart Riverhead, N Y 11901 South Lobby - 9th Floor 1800 M Street, N W Atcmic Safety and Licensing Washington , DC 20036-5891 Board Panel
- l '
b.S. Nuclear Regulatory Commission Jay Dunkleberger l Washington, D C 20555 New York State Energy Office l Atomic Safety and Licensing Agency Building 2 l Appeal Board Panel
- Empire State Plaza l U.S. Nuclear Regulatory Commission Albany, N Y 12223 I Washington, DC 20555 l Spence W. Perry, Esq.
Martin Bradley Ashare, Esq. General Counsel Suffolk County Attorney Federal Emergency Management H. Lee Dennison Building Agency Veteran's Memorial Highway 500 C Street, SW Hauppauge, NY 11788 Washington, DC 20472 Anthony F. Earley, Jr. Dr. Monroe Schneider I
General Counsel North Shore Committee Long Island Lighting Company P.O. Bor, 231 175 East Old County Road Wading River, N Y 11792 Hicksville, N Y 11801 Ms. Nora Bredes .
Dr. Robert Hoffman Shoreham Opponents Coalition Long Island Coalition for Safe 195 East Main Street Living Smithtown, N Y 11787 P.0. Box 1355 Massapequa, NY 11758 i
, a.-- .-, , , - - - , - . ,
Barbara Newman William R . Cumming , Esq.
Director, Environmental Health Office of Genwel Counsel Coalition for Safe Living Federal Evergency Management Box 944 Agency Hu ntington, New York 11743 500 C Street, SW Washington, D C 20472 Afired L. Nardelli, Esq.
New York State Department of Law Docketing and Service Section*
120 Broadway Office of the Secretary Recm 3-118 U.S. Nuclear Regulatory Commission flew York, N Y 10271 Washington, DC 20555 K
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cting ssistaht General Counsel for arings e
'o UNITED STATES NUCLEAR REGULATORY COMMISSION
[g *' , kE WASHINGTON, D. C. 20555 k.....,/
June 3, 1988 CHAIRMAN The Honorable Julius W. Becton, Jr., Director Federal Emergency Management Agency Washington. 0.C. 20472
Dear Mr. Becton:
As requested in your telephone conversation with me yesterday afternoon, this reaffirms the Comission's position, as stated in the letter of June 1 to your Mr. Grant Peterson from Mr. Victor Stello, Jr., NRC Executive Director for Operations, that the Comission has no basis at this time to .
recomend that the planned FEMA evaluated exercise for the Long Island LightingCompany(LILCO)offsiteemergencyplanshouldnotproceedas scheduled.
1 1 Subsequent to Mr. Stello's letter, we have received the enclosed letter from Mr. William Catacosinos, Chainnan and Chief Executive Officer of l LILCO, which states that it is the intention and desire of LILC0 to l continue the Shoreham licensing process, including the exercise of the
' utility emergency plan scheduled for next week.
i Under our reguiations, no operating license for a nuclear power reactor will be issued unless we find that there is reasonable assurance that I
adequate protective measures for the public health and safety are I available in the event of a radiologiaci emergency. As you are aware, the only remaining safety issue of any significance for NRC licensing the operation of the Shoreham plant is the adequacy of the utility emergency plan for the facility's emergency planning zone. The full participation exercise scheduled for next week is a critical element for the decision process for that remaining safety issue.
l Under these circunstances, and in the absence of any good cause being l shown to the contrary, the Comission is of the unanimous view that, as i the responsible licensing agency, it should continue the Shoreham licensing process and that the exercise should be performed as scheduled.
If you desire further information on this matter, please do not hesitate i to contact me.
1 Sincerely, l (A). % .
Lando W. Zech Jr.
l
Enclosure:
i Ltr. to J. Taylor fm J. Catacosinos l of LILC0 dtd 06/01/88 w/ attachment 9 94 /1 odmMr I
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JtN et 808 55135 P.2 hEj LONG ISLAND LIGHTING COMPANY EXECUTIVE OFFICES: 178 EAST OLD COUNTitY ROAD e HICRbVILLE. ISEW YORK 11901 1
W4k1AM J CATAcesNOS *
- a m.. m e,,eg, e m ., .
. June 1, 1988 Mr. James M. Taylor Deputy. Executive Director Nuclear Regulatory Commissio,n
- 11555 Rockville Pike Rockville, MD 20555 Dear Mr. Taylors
( Enclosed is a copy of the letter kddressed to Mr. Stello that specifically states LILCO's desire and l intention to continue the licensing of 'the Shoreham l
Nuclear Power Plant.
very truly yours,
. Oka. AA-
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. Enclosure ,
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EXECUTIVE OFFICE 51178 E4sf OLO COUNTRY RCAD.HICRsv4LE.Mtw YOng iiset i
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21 - , mv..maa June 1, 1988
. Mr. Victor Stallo Executive Director l U.S. Nuclear Regulatory Commission One White Flint North
- l 11555 Rockville Pike Room 1781 ,
- Rockvillo, Maryland 20052 Re phoreham Nuclear Power station
Dear Mr. Stallo:
This letter will confirm our oral advice to you last week that LILc0 has reached an agreement in principle concerning a settlement of issues between it and various government agencies in New York State relating to the shoreham Nuclear Power station.
We are in the process of drafting documents to reflect these agreements. Even after they have been ccEspleted and signed, the l
agreement will not become effective until a number of -
contingencies have occurred, a process that will take cpproximately three months. LILeo will continue the licensing of the plant until such time as all contingencies have been i
satisfied, at which time commission approval of the transfer of -
control of the plant and its relevant licenses will be sought.
During the three-month period contemplated for satisfaction of
- the contingencies, the company has agreed not to operate the i plant at greater than 5 percent of full power should the co:tcaiscion remove its present restriction on the license to low -
power and testing operations.
As soon as documents reflecting the agreement to enter into a settlement have been completed we will provide them to you
, cnd your staff. In the meantime, it is the intention and desire of the company to continue the Shoreham licensing process,
- including the full participation exercise scheduled for next week of the utility emergency plan for the Shoreham EPZ.
. Sincerely, l
,,,,,, %. 0:k uAh -
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. J.W 01 '88 15:55 P.2 m
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.. hu.'3(TS 9wes.J : l. LONG ISLAND LIGHT 1NG COMPANY l -- --
~J executive otr ccs i7s mas? oLD COUNTRY ROAO ' HICKSYlLLE. NEW YORK 11901 W:' WAM .J CATACOG!NC6 C.4.7.t.%ANOewgp m g viveopgan June 1, 1988
.vr. Jamos M. Taylor Deputy Executive Director '
I'uclo!.r Regulatory Connission 11555 Rockville Plke Rockville, MD 20555 Daar Mr. Taylor Enclosed is a copy of the letter addressed to 1'c. Stello that specifically states LILCO's desire and intenclon to continue'the licensing of the Shoreham
- . cloc-2 Power Plant.
Very truly yours,
- b. . ka. A.A- -
WJC:kam Enclocure
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- .,9 01 '88 ist 55 P.3 O
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' .u-8283}l t LONG ISL.AND LIGHTING COM PANY n_ _ -J execurive errectsi 17e Ast oLO COUNTRY ROAD
- HICM5VME.NrW YORK 1180t
'WALAV J CATACC8 NCS ce4Ainwow 4%. ; e Er ExtCwtyt or'%*T84 June 1, 1988 l: . Victor Stello a:scutiva Director
'J.C. Kuc1ccr Regulatory CerrJnission
^ .0 i.t.:eco I' lint North
LLE R.,chville Pike R2:nt 171:1 Ree:.ville, Maryland 20852 Rei Shoreham Nuclear Power Station L: :.: Mr. Stello:
This letter will confirm our oral advice to you last week that LILCO has reached an agreement in principle concerning a settic.r..ent of issues between it and various government agencies
.ir. New 1'crk State relating to the Shoreham Nuclear Power Station.
W arc in the process of drafting documents to reflect these Egre:.onte. Even after they have been completed and signed, the acreerr,ent *.1111 not become effective until a number of c3ntingencio: have occurred, a process that will take apprc:.:imately threo months. LILCo will continue the licensing of tr.e plant until cuch time as s11 contingencies have been i sseisfied, at which time commission approval of the transfer of
! cer. trol of the plant and its relevant licenses will be sought.
Doring the threa-month I.orlod contemplated for satisfaction of the centin;ancies, the company has agreed not to operate the p1 ant at groater than 5 percent of full power should the Cetunission ::cmove its present restriction on the license to low p:wer ar.d tactinty operations.
l Ao coon as documents reflecting the agreement to enter
! into a settlomant have been completed we will provide them to you l ar d your staff. In the meantime, it is the intention and desire of the company to continue the Shoroham licensing process, jn 3uding the full participation exercise scheduled for noxt wook of the utility ort.orgency plan for the Shoreham EPZ.
Sincerely,
- " ~
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Jiy L3 M W .Lp.
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50- 322.
[,. wap o,, UNITED STATES ~
[ p, NUCLEAR REGULATORY COMMISSlON D r 8 W ASHING TO N, D. C. 20555 k . ., .
- p .bN l' ' 19M Mr. Grant C. Peterson Aspeiate Director Stz:e and Local Programs and Support Fearral Emergency Management Agent 50; C Street, SW, R-706 Wastington, DC 20472 .
Dez- Mr. Peterson:
This responds to the question raised in your memorandum of May 31, 1988 to me as to whether the planned FEMA evaluated exercise for the LILCO offsite eme7ency plan should proceed at this time.
This is to advise you that the Comission has no basis at this time to ree: mend that the exercise should not proceed as scheduled. We have heard not*ing from the applicant which suggests that it has plans other than to pro:eed with its application for an operating license for the Shoreham plant.
We tave requested the applicant to advise us promptly if it has plans to the contrary.
Sincerely, h /O Vi e Executive Director for Operations
Enclosure:
As stated h
gg(C6 Mi S k _L p .
,1 50-3
- g UNITED STATES 8 e NUCLEAR REGULATORY COMMISSION E I WASHINGTON, D C.20555
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Mr. William J. Catacosinos Chainnan and Chief Executive Officer Long Island Lighting Company 175 East Old Country Road Hicksville, NY 11801
Dear Mr. Catacosinos:
It is our understanding from the media reports that Long Isl.nd Lighting Company and the State of New York have reached an agreement, at least in principle, which, if finalized would effect the transfer of the Shoreham plant to a state agency for shutdown and perhaps decomissioning. .
As the penultimate paragraph in the enclosed FEMA letter of May 31, 1988 to me indicates, it is important that LILCO inform the NRC promptly of any change to its plans to proceed with its pending application for a license to operate the Shoreham plant. It is important that you provide this infonnation to the NRC at the earliest possible time.
You understand, of course, that any transfer of the Shoreham plant is subject to the prior review and approval of the NRC in accordance with the provisions of 10 CFR Part 50. ,
Sincerely.
"O Victor Ste o Executive Director for Operations
Enclosure:
FEM 5/31/88 Letter gyb 6@ 8 (6G 71 I )9 -
<+
<- q Federal Emergency Management Agency k
Washington, D.C. 20472 MAY 31 1988 Mr. Victor Stello, Jr.
Executive Director for Operations Nuclear Regulatory Commission Washington, D.C. 20555
Dear Mr. Stello:
On January 27, 1988, the Nuclear Regulatory Commission (NRC) requested the Federal Emergency Management Agency (FEMA) to review Revision 9 of Long Island Lighting Company's (LILCO) offsite emergency plan for the Shoreham Nuclear Power Station, under the provisions of the April 1985 PRC/ FEMA Memorandum of Understanding and certain criteria and assumptions, as indicated below. FEMA was also requested to provide a finding, i.e.,
indicate whether in the framework of those criteria and assurnptions, FEMA has reasonable assurance that the plans can protect the health and safety of the public living in the vicinity of the plant.
We were requested to review the plan under the criteria of the interim-use document entitled Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants (Criteria for Utility Of fsite Planning and Preparedness). That docurnent has been published as Supplement 1 to NUREG-0654/ FEMA-REP-1, Rev.1.
As requested by NRC, FEMA also used 3 assumptions in reviewing and evaluating the LILC0 plan. Those assumptions are that in an actual radiological emergency, State and local officials that have declined to participate in emergency planning will:
- 1) Exercise their best efforts to protect the he61th and safety of the public,
- 2) Cooperate with the utility and follow the utility plan, and 3)Have the resources sufficient to implement those portions of the utility offsite plan where State and local response is necessary.
It is further understood that in any subsequent hearings or litigation related to the plan review or exercise, NRC will defend the above assumptions.
Enclosed is a report on the results of a full review of Revision 9 of the LILCO plan, conducted by FEMA Region !! and the Regional Assistanco Cornittee (RAC), using the criteria and assumptions specified by NRC. Based on 7.,s 3
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t that evaluation, Revision 9 contains 17 inadequacies. More detail on the review process and the inadequacies is contained in the enclosed report from FEMA Region !! to FEMA Headquarters. Based on these inadequacies, and the recmmendation of FEMA Region II, FEMA does not have reasonable assurance under Revision 9 that the public health and safety can be protected in the vicinity of the Shoreham Nuclear Power Station.
However, planning for tha exercise may go forward for the reasons noted bel ow. First, the utility has already provided FEMA Region 11 and the RAC with proposed plan changes to address these inadequacies. W vnderstand that these changes were incorporated into Revision 10 of the plan. Eleven of the inadequacies in Revision 9 required relatively minor changes and the utility's proposed changes were responsive to the RAC/ FEMA concerns. For the six inadequate elements requiring more substantive revision, five of these [(i.e.,
provisions for communication with New York State (F.1.b), the public infomation program for residents, transients, and the agricultural community (G.1.a-e, G.2, and J.11), and written agreements for "first-call" commitments with companies supplying supplementary buses for a "one-wave" evacuation of school (J 10 9)], will not affect the conduct of the exercise. With regard to the remaining inadequacy that must be evaluated at the exercise [i.e., planning for the monitoring and decontamination of school children evacuated after a release (J.12)], FEMA Region Il provided technical assistance to the utility to expedite the resolution of this issue for its inclusion in Revision 10.
On May 23,1988, NRC requested FEMA to conduct a full RAC review of Revision 10 of the plan and provide a finding by July 29, 1988. NRC has also requested that the Revision 10 changes be incorporated into the exercise play of the ,
upcming Shoreham exercise, now scheduled for the week of June 6,1988.
Since FEMA would not be able to complete a full RAC review in that short time frame, FEMA Region !! has agreed to review the changes, coordinate with the RAC where necessary, and incorporate them into the evaluation of the exercise.
A cursory review has been perfomed by FEMA Region !! of the sections of Revision 10 relating to the inadequacy concerning the monitoring and decon-tamination of school children mentioned above in connection with element J.12. Based on that review, we have concluded that the inadequacy has been I addressed in a manner suf ficient to permit an adequate demonstration of the l monitoring and decontamination function in the exercise.
1 I We note also that on April 27, 1988, the Director of the Connecticut Office I of Civil Preparedness notified LILC0 that his of fice "would participate l in an interstate exercise only in full coordination with the participating states and local governments. We have received no such coordination."
He further indicated that his office will not "conduct any exercise evaluation activities or any simulation activities during the proposed exercise conducted l by L I LCO. " This was fully discussed by members of our staffs on May 3,1988.
As discussed at the meeting, although the State of Connecticut has not withdrawn from participation in of fsite emergency planning for the Shoreham plant, it will be considered by NRC as a non-participating government for purposes of the exercise. As a consequence, as stated in NRC's memorandum of May 26, 1988, NRC staf f finds appropriate that the role of the State will be simulated through the use of a control cell, since the participation of the State is not reasonably achievable. ,
l
l .
-3 We have also received the May J6,1988 confirmation from NRC staff that the May 25,1988 advisory opinion from the Atomic Safety Licensing and Appeal Board does not change NRC staf f's view that the current objectives for the exercise would constitute a qualifying exercise ^under NRC regulations. It is also our understanding that this confirmation has the concurrence of the NRC Of fice of General Counsel .
The above , pre-exercise arrangements notwithstanding, we think it only prudent to raise the question of whether the planned FEMA-evaluated exercise should proceed at this time. It is our understanding that only recently, LILC0 and the State of New York reached agreeme:.t in principle which will allow for the closing of the Shoreham plant. While it is possible that final agreement may not be reached, there is also the probability that Shoreham will not continue to operate. In light of the additional expenditure of funds about to be spent related to the Shoreham exercise, it would be more judicious, in FEMA's view, to postpone a FEMA-evaluated exercise at least until further results from the negotiations tetween LILC0 and New York are made public. Of course, postponement of the exercise would not prohibit continued planning and plan review litigation. Since there are only 4 working days left before the scheduled start of the exercise activities, please let us know in writing by COB June 1,1988, of your position on this matter. If you agree with FEMA's position, we would also ask you to advise LILCO. If you disagree, please include your f ull rationale.
If you have any questions, please feel free to contact me or Dave McLoughlin at 646-3692.
Si aerely, Grant C. Peterson Associate Director State and Local Programs and Support Enclosure As Stated I
Federal Emergency Management Agency
' 5 26 Federal Plaza New York, New York 10278 Region 11 May 6. 1988 MEMORANDUM FOR: Grant Peterson Associate Director.
State and Local programs and Support Jack Sable 7k??
- FROM:
Regional Director
SUBJECT:
RAC Review Comments for the LILCO Local Offsite Radiological Emergency Response Plan for Shoreham, Revision 9 Per your request of February 16, 1988 attached isthetheRegion reviewII of the referenced plan which has been conducted by As referenced on each page (RAC).
Regional Assistante Committeereview has been conducted in accoraance of the document, this with the interim-use and comment document jointly developed by l FEMA and NRC entitled: Criteria for Preparation and Evaluation in Supportof l Radiological Emergency Response Plans and Preparedness I
of Nuclear Power Plants (Criteria for Utility Offsite Planning 1, Supp. 1. In and Preparedness); NUREG-0654/ FEMA-REP-1, Rev. in an reviewing this plan, FEMA and the RAC have assumed that actual radiological emergency, State and local officials that have declined to participate in emergency planning for the Shoreham plant will:
(1) Exercise their best efforts to protect the health and safety of the public; the utility (2) Cooperate with the utility.and follow l
offsite plan; and 1 to implement those (3) Have the resources sufficient portions of the utility offsite plan where State and l
local response is necessary.
affecting more l
l Although Revision 9 constitutes athe majorLocalrevision, Emergency Response than 1000 pages of LILCO's plan, of operations remains essentially Organization's (LERO's) concept unchanged from previous versions of the plan that have been reviewed. Therefore, this review builds upon revisions (Revs.
RAC comments
- 1. 3, 5. 6, 7, and 8) of developed for previous the plan and this updated review reflects current operations, resources and status of the utility's offsite emergency planning effort. The following steps were taken in completing this review:
l l
l G. Peterson May 6, 1988 Page 0 of 3 (1) RAC comments for Revisions 5, 6, ana 7 heretofore detailed in separate documents, anc comments on Revision 8, were consolidated into one document dated 2/11/88 and was distributed to the RAC members.
(2) A preliminary review dated 3/17/88 of Revision 9 was conducted by FEMA Region II and contractors to the rep program. This preliminary review was distributed to the RAC, FEMA Headquarters and LILCO on March 18, 1988.
(3) Region 11 met with LILCO representatives on April 8, 1988 and received the utility's proposed actions to resolve items rated Inadequate (I) in the 3/17/88 preliminary review comments.
(4) Detailed review comments on Revis'on 9 of the pian were received from RAC member agencies and were consolidated into an updated review document dated 4/21/sS.
(5) A RAC meeting, chaired by FEMA Region II was held in our offices to finalize the attacned comments on Revision 9 of the plan. A record o: this meeting was transcribed.
In the course of developing the attached updated review, the fc llowing nomenclature has neen adapted from previous reviews:
A (Adequate) The element is adequately aaaressed in the plan. Recommendations for improvement shown in italics are not mandatory, but their consideration would further improve the utility's offsite emergency response plan.
! I (Inadequate) The element is inadequately addressed in the plan for the reason (s) stated in bold type.
The plan and/or procedures must be revised before the element can be considered adequato.
l For ease of understanding, the reason (s) an
' element has been rated inadequate is, where possible, stated first.
As a means of summarizing this rather lengthy review and for ease in understanding abbreviations used, an Element Hating Summary and List of Acronyms are provided at the end of the document.
Seventeen (17) elements are currently rated inadequate (I) and, in accordance with your request, Region II recommends a negative finding that the plan does not presently provide reasonable l
l l -
(
G. Peterson
- May 6, 1988 Page 3 of 3 assurance that adequate protective measures can be taken in the event of a radiological emergency at Shoreham.
Planning for the exercise can go forward for two reasons.
First, the utility has provided Region II and the RAC with proposed plan changes to address these inadequacies that would be incorporated, prior to the exercise, into Revision 10 of the plan. Eleven (11) of these inadequacies require relatively minor changes, and the utility's proposed changes are responsive to the RAC/ FEMA concerns. Second, for the six (6) inadequate elements (i.e.,
requiring more substantive revision, five (5) of these provisions for communications with New York State, element F.1.b; the public information program for residents, transients and the agricultural community, elements G.1 a-e, G.2 and J.11; and written agreements for "first-call" commitments with companies supplying supplementary buses for a "one-wave" evacuation of schools, element J.10.g) will not be exercised.
With regard to the remaining inadequacy that must be evaluated at the exercise (i.e., planning for the monitoring and decontamination of school children evacuated after a release, to the element J.12), FEMA is providing technical assistance utility t'o expedite the resolution of this issue for its inclusion in Revision 10.
With respect to LILCO's submission of Revision 10, FEMA will review the plan changes, coordinate with the RAC, and Should any incorporate them in the evaluation of the exercise.
additional changes be forthcoming, every effort will be made to incorporate them in the exercise as well.
Based on all of the above, I recommend that the exercise proceed as planned. If you have any questions, please contact Mr. Ihor W. Husar, Chairman, Regional Assistance Committee, at FTS 649-8203.
Attachment m
,-,.-.--,s, - + - - - -
HAY 6E MEMORANDUM FOR: Distribution List TitErAr_
rgov.: Vere.on Adler, Wer ,tpaG ,a'n
SUBJECT:
Federal Radiologicai Emergency Response Plan (TRERP)
Revisicr. Work Group Hetting - Hay 12, 1988 d
- The DeoD i e named on the distribution list either attended or were iavited te attend nettings of the Work Group drafting Changes to tne Federal (FRERP) Plan. At the last meeting (April 18), the Work GrDJp agrted to nestapsinonMay 17, 1988, to discuss the results of their respective agency 5 full review c' the December 21, 1987. That meeting wi'.1 be cenvence at 9:00 am in the FEMA EICC Task Force Area 'A".
The objective of the discussion on changes to the FRERP is to arrive at definitive Government guidance for drafting the next iteration.' ! e9 courage you to prepare your corwents in writing, to the extent practicable, to f acilitate mytual understanding of e&ch agency's concerns.
! leek ferrard to a productive meeting with the Work Group next Thursday.
Distribution
- Earl Ashworth DNA
- Bill Belford W64ANCS
! George liclerton USDA l truce Blanchard 001 6 San Boarman HUD Gerald Boyd FEMA Larry Burt CDC Harry Calley EPA Wendell Carriker DOT l Frank Congel NRC Robert Conley USDA Grant Dillon VA Dick Gardner DOC (NOAA)
Kathy Gant D01-0RNL -
l Kent Gray CDC Levan Gray MASA Dave Johnson NCS l Ed Jordan MRC Walter Kordek 80H Ray Kulbitskas NS$C Lt. Col. Larson D00 Alex. Martin HHS ,
Allen Nash FBI Pat Payne DOS Tom Reutershan HMS Al Seddon F81 Pete $111 00T John Steiner DNA Lillian Stone 001 Gordon Tassi $$A Don Thompson s l
Ed Tisdale HHS HHS - d'$ N d 3 P i .L '/ I O.
/
Bernie Weiss NRC
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'*a_ ::.: L:~ Tr. --
May 26, 1988 MEMORANDUM FOR: Richard W. Krim .
Assistant Associate Director Office of Natural and Technological Hazards Programs Federal Emergency Management Agency Frank J. Congel, Director r.
FROM:
Division of Radiation Protection and Emergency Preparedness Office of Nuclear Reactor Regulation SUS]ECT: OBJECTIVES FOR THE SHOREHAM EXERCISE 25, 1986:
This documents a telephone conversation with your staff on May We have reviewed the May 25, 1988 mer.orandum from the Appeal Board i 1.
i regarding the scope of the February 1986 emergency preparedness e,xercise et Shoreham.
1
- 2. The view expressed in my May 20, 1988 memorandum to you regarding the completeness of the present objectives for the June 1988 Shoreham exercise
- has not changed; i.e., W believe that these objectives constitute a
' qualifying" exercise under 10 CFR Part 50, Appendix E, Section IV.F.1,
- 3. The view expressed by NRC in the May 3,1988 meeting in your office regarding the handling of the State of Connecticut's non-participation has not changed; i.e., their participation is not reasonably achievable and the use of a control cell is appropriate. ~
I believe that the Licensing Board's memorandum supports the NRC and FEMA judgement that the Shoreham exercise test as much of the emergency 492-1088. plans as is reasonably achievable. If you have any questions please call me at Otiginal signed by Rlckgg), g,77,gg Frank J. Congel, Director Division of Radiation Protection and Emergency Preparedness I Office of Nuclear Reactor Regulation i
CONTACT:
Edward M. Podolak, Jr., NRR 492-3167 DISTRIBUTION:
See attached
- SEE PREVIOUS CONCURRENCE C/PEPB/NRR* OGC* D/DR RR b PEP 8/NRR* SC/PEPB/NRR* EJReis FJCongel CRVan Niel WDTravers -
D@odolak:1r 5/26/88 5/2488 5/26/88 5/26/88 5/26/88
%253 Y3 U hj2
i Mr. John D. Leonard, Jr. Shoreham Nuclear Power Station long Island Lighting Company (list 1) cc:
Stephen B. Latham, Esq. Gerald C. Crotty, Esq.
John F. Shea, III, Esq. Ben Wiles, Esq.
Twomey, Latham & Shea Counsel to the Governor Attorneys at Law Executive Chamber Post Office Box 398 State Capitol 33 West Second Street Albany, New York 12224 Riverhead, New York 11901 Herbert H. Brown, Esq.
Alan S. Rosenthal, Esq. , Chainnan Lawrence Coe Lanpher, Esq.
Atomic Safety & Licensing Appeal Board Karla J. Letsche, Esq.
U..S. Nuclear Regulatory Comission Kirkpatrick & Lockhart Washington, D.C. 20555 South Lobby - 9th Floor 1800 M Street, N.W.
Washington, D.C. 20036-5891 W. Taylor Reveley, III, Esq.
Hunton & Williams Dr. Monroe Schneider Post Office Box 1535
- North Shore Comittee 707 East Main Street Post Office Box 231 Richmond, Virg$nia 23212 Wading River, New York 11792 Howard A. Wilber Fabian G. Palomino, Esq.
Atomic Safety & Licensing Appeal Board Special Counsel to the Governor U.S. Nuclear Regulatory Comission Executive Chamber - State Capitol Washington, D.C. 20555 Albany, New York 12224 Atomic Safety & Licensing Board Panel Anthony F. Earley, Jr. , Esq.
U.S. Nuclear Regulatory Comission General Counsel Washington, D.C. 20555 Long Island Lighting Comoany 175 East Old County Road Atomic Safety & Licensing Appeal Board Hicksville, New York 11801 Panel U.S. Nuclear Regulatory Comission Mr. Lawrence Britt Washington, D.C. 20555 Shoreham Nuclear Power Station Post Office Box 618 Gary J. Edles, Esq. Wading River, New York 11792 Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Comission Martin Bradley Ashare, Esq.
Washington, D.C. 20555 Suffolk County Attorney H. Lee Dennison Building Richard M. Kessel Veteran's Memorial Highway Chairman & Executive Director Hauppauge, New York 11788 New York State Consumer Protection Board Room 1725 Resident Inspector 250 Broadway Shoreham NPS New York, New York 10007 U.S. Nuclear Regulatory Comission Post Office Box B Jonathan D. Feinberg, Esq. Rocky Point, New York 11778 New York State Department of Public Service Regional Mministrator, Region I Three Empire State Plaza U.S. Nuclear Regulatory Comission Albany, New York 12223 475 Allendale Road King of Prussia, Pennsylvania 19406 l
o 1
'e Long Island Lighting Company -
?- Shoreham(1) cc:
Robert ' Abrams, Esq. Town Attornev-
' Attorney General of the State inwn of Brookhaven of'New York 3232 Route 112 ATTN: John Corwin, Esq. Medford, NY 11763 New York State Ceoartment of Law Consumer Protection 9ureau 120 Broadway 3rd Floor New York, New York 10271 Mr. William Steiger Dlant Manager Shoreham Nuclear Power Station Post Office Box 628 Wading River, New York 11792 MHR Technical Associates 1723 Hamilton Avenue - Suite K San Jose, California 95125 Honorable Peter Cohalan Suffolk County Executive l County Executive / Legislative Building
. Veteran's Memorial Highway Haucoauge, New York 11788 Ms. Donna Ross New York State Energy Office Agency Buildino ?
Empire State Plaza Albany, New York 1?223
! Ms. Nora Bredes l Shoreham Opponents Coalition -
195 East Main Street Smithtown, New York 11787 Chris Nolin i New York State Assembly Energy Committee 626 Legislative Office Ruilding Albany, New York 12248 l
! Peter S. Everett, Esq.
l Hunton & Williams i 2000 Penrsylvania Avenue. FW l Washington, D.C. ?0036 l
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