ML20211D556

Affidavit of Miller in Support of Suffolk County,State of Ny & Town of Southhampton 861015 Motion to Reopen Record. Certificate of Svc Encl

ML20211D556
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Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	10/15/1986
From:	Mark Miller KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:
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ML20211D551	List: ML20211D548 ML20211D556
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OL-3, NUDOCS 8610220221
Download: ML20211D556 (24)

Text

4 00CKETED USMC October 15, 1986 UNITED STATES OF AMERICA _'86 DCT 17 P3 50 NUCLEAR REGULATORY COMMISSION

,.r-.._

Before the Atomic Safety and Licensino Boardi

)

In the Matter of )

)

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) ) '

)

AFFIDAVIT OF MICHAEL S. MILLER IN SUPPORT OF THE GOVERNMENTS' OCTOBER 15, 1986 MOTION TO REOPEN

1. My name is Michael S. Miller. I am one of the counsel for Suffolk County, New York, an intervenor in the Shoreham licensing proceeding.

2. On September 17, 1986, my law firm, Kirkpatrick &

Lockhart, received a copy of a September 16, 1986 letter from Donald P. Irwin, one of the counsel for the Long Island Lighting Company ("LILCO"), to the five Commissioners of the Nuclear Regulatory Commission. This letter, which is Attachment A to this Affidavit, advised the Commission and the parties to the Shoreham proceeding that LILCO had been informed that WALK Radio station, the primary station in the Shoreham emergency broadcast D 0 g2 hDk G

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,a system ("EBS"), was no longer willing to serve that function. A copy of WALK's letter withdrawing from LILCO's Plan was not included with Mr. Irwin's September 16 letter.

3. Immediately upon receipt of Mr. Irwin's letter, my partner, Herbert H. Brown, wrote Mr. Irwin to request how and when LILCO had learned of WALK's-decision and requested a copy of any written communication from WALK to LILCO. Mr. Irwin replied on September 23, 1986, informing Suffolk County counsel that LILCO had received a letter from WALK Radio on about August 13,

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1986. A copy of the WALK letter was not enclosed with Mr. Irwin's letter to Mr. Brown.

4. On or about September 24, 1986, the WALK withdrawal letter was finally provided to my firm. That letter, dated August 8, 1986, was not provided by LILCO, however; rather, service of the WALK letter was made through the NRC's. Docketing and Service Branch. A copy of the August 8, 1986, letter 'from WALK to LILCO, together with a copy of a letter dated Septeinber 12, 1986, from WALK to Judge Margulies informing the &

Shoreham Atomic Safety and Licensing Board ("ASLB") of WALK's withdrawal, and a September 22, 1986, memorandum from Judge Margulies' secretary to the NRC's Docketing and Service Branch requesting service of the WALK letters of August 8 and September 12 on the parties to the Shoreham proceeding, comprise Attachment B to this Affidavit.

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5. On September 19, 1986, shortly after receipt of initial notification from LILCO of WALK Radio's withdrawal, my law firm 4

received Revision 8 of the LILCO Plan. Revision 8 included among 1

its many other changes a copy of an August 21, 1986 letter from Walter Oberstebrink, the Chairman of the Nassau County Chapter of the American Red Cross, to LILCO' notifying the utility that the Red Cross had entered into no agreement with LILCO either to open and operate congregate care centers for sheltering Shoreham evacuees or to otherwise provide emergency services and assistance in the event of a Shoreham accident. A copy of the August 21, 1986, letter from the Nassau County Chapter of the Red

. Cross'to LILCO is Attachment C to this Affidavit. Subsequent to my firm's receipt of Revision 8 of the LILCO Plan, including the August 21 letter, Mr. Oberstebrink confirmed in an interview with Newsday that there is no agreement between the Nassau County Chapter of the Red Cross and LILCO regarding implementation of LILCO's Plan. Sgg Newsday article entitled " Red Cross: We Can't Help on Shoreham," dated September 30, 1986, and attached to this l Affidavit as Attachment D.

6. During the week of September 22, I and other attorneys in my firm were on Long Island to attend the ASLB's limited appearance sessions and the prehearing conference scheduled by the ASLB for September 23-26. During the limited appearance I

l sessions of September 26, held in Mineola, New York, Mr. Howard M. Koenig, the Superintendent of Schools of the East Meadow Union i

. Free School District, testified before the ASLB. See Tr.

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16,999-17,009. Superintendent Koenig testified that congregate care centers and facilities previously relied upon by LILCO for sheltering Shoreham evacuees are, in fact, not available for LILCO's use. As supporting evidence for his testimony,

. Superintendent Koenig presented to the ASLB' signed letters and statements from 34 of the 50 facility owners previously claimed by LILCO to have agreed to permit use of their facilities in the event of a Shoreham accident. These 34 letters were unequivocal in disputing LILCO's claim, making clear that their facilities would not be made available for.use in sheltering Shoreham evacuees.

7. The motion to reopen which accompanies this Affidavit sets forth additional bases in support of the claim by Suffolk County, the State of New York, and the Town of Southampton (collectively, the " Governments") that the reopening criteria

recently codified by the Commission (51 Fed. Reg. 19,539 col. 3) are satisfied under the circumstances surrounding WALK's withdrawal from the LILCO Plan, the Red Cross' disavowal of any agreement to open and operate congregate care centers or to otherwise provide emergency services and assistance in the event i

of a Shoreham emergency, and the virtual absence of any congregate care centers for use by LILCO in sheltering Shoreham evacuees.

8. The timeliness of the Governments' motion to reopen is

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made clear by the facts stated above: the Governments have acted promptly after receipt of the data concerning WALK Radio and the i

s American Red Cross. With respect to the significant safety issue required to be addressed, it is beyond dispute that issues relating to WALK's withdrawal, the lack of any agreement from the Red Cross to LILCO indicating either the ability or the willingness to provide emergency services or assistance in the event of a Shoreham accident, and the absence of congregate care facilities for use in sheltering Shoreham evacuees constitute serious safety issues. The ASLB, for example, in previously reopening the record at LILCO's urging,1 ruled that the mere

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identity of LILCO's proposed use of the Nassau Coliseum as a reception center " presents a serious safety issue."

Here, much more than the mere identification of a facility is at stake. Indeed, the facts which have prompted the Governments' reopening motion demonstrate that:

-- Without WALK Radio, LILCO's prompt notification system, including the transmission of EBS messages and the activation of tone alert-radios, cannot be implemented; Without agreement by the Red Cross, LILCO's proposed reception center / congregate care center scheme, including the registration, feeding, sheltering, clothing, counselling, and otherwise caring for evacuees, cannot be implemented; and 1 Memorandum and Order Granting LILCO's Motion to Reopen Record (Jan. 28, 1985).

Without congregate care centers, LILCO's relocation proposals for evacuees cannot be implemented.

The consequences of these developments concerning WALK Radio, the Red Cross, and congregate care facilities are, first, to create significant gaps in LILCO's Plan, since elements of that Plan, essential to its implementation, are no longer in existence, and, second, to compel a finding of noncompliance by LILCO with regulatory requirements. Egg, e,q,, 10 CFR SS 50.47(b)(5),

50.47(b)(8), 50.47(b)(10), 10 CFR Part 50 Appendix E S IV.D.3, ,

NUREG 0654 SS II.E.5, E.6, G.1, G.2, J.9, J.10, and Appendix 3 thereto. Accordingly, the issues raised in the Governments' motion to reopen constitute serious safety issues.

9. The last criterion required to be satisfied for reopening is that a different result would have been likely had the facts now known been considered initially. This criterion is satisfied. In its prior rulings, the ASLB determined that:

WALK Radio is a " key station" in LILCO's EBS and that EP Contention 20 was without merit because, inter alia, WALK-AM is " prepared to broadcast EBS messages at any time of day" (Partial Initial Decision ("PID"), 21 NRC 644, 764 (1985));

Contrary to the assertions of EP Contention 24.P, a July 25, 1984 letter from the Red Cross to LILCO

" provide (d] reasonable assurance that the Red Cross 4 _ _ . _ _ _

will perform the duties upon which LILCO relies in its emergency plan" (Concluding Partial Initial Decision

("CPID"), 22 NRC 410, 420 (1985));-and EP Contention 75, interpreted by the ASLB to challenge the adequacy of congregate care centers, including the capability of such facilities to serve the needs of and collectively shelter Shoreham evacuees, was without merit (CPID, 22 NRC at 420, 422-23).

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Clearly, a "different result" than was previously reached by the ASLB with respect to EP Contentions 20 and 24.P is likely --

indeed, required -- under circumstances where there is no longer any agreement between LILCO and either WALK Radio or the Red Cross regarding implementation of the LILCO Plan, rendering key bases for the ASLB's earlier rulings invalid. Similarly, there must be a "different result" reached by the Board on EP Contention 75, given the Red Cross' acknowledgment that the congregate care centers assumed to be available for sheltering Shoreham evacuees are, in fact, not available for that purpose.

Simply put, the ASLB could not have rendered a result in favor of LILCO on EP Contention 75 had it known that the congregate care

ters relied upon for implementation of LILCO's Plan in fact were not available.

Michael S.' Miller District of~ Columbia, ss:

Subscribed and sworn before me this I;/dday of October, 1986.

My commission expires: <r ,.,, fa , -).;j j "

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/ Notary Public

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ATTACHMENT A HUNTON & WILLIAMS 707 East Maim STREET P.O. Box 15 3 5 f RIcxxoND, VIBOIN1A 23212 ,co .....,g%vg sooo ec==sesv =.a a c=wc. = . =ca c== =cw w oma ico.*  ;

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Tgggppoo g gig.g gy a g,6 FAseraM, vgmoi=ta 33ojo TELE *=o=E 7o3 352 asoo oaatcf osaw =o som ree-Lando W. Zech, Jr., Chairman Commissioner Thomas M. Roberts Commissioner James K. A,sselstine Commissioner Frederick M. Bernthal Commissioner Kenneth M. Carr* -

U.S. Nuclear Regulatory Commission 1717 H Street, N.W.

Washington, D.C. 20555 Long Island Lighting Company Shoreham Nuclear Power Station NRC Docket 50-322-OL-3

Dear Chairman Zech and Commissioners:

Long Island Lighting Company has been informed that the pri-is mary station in the Shoreham Emergency Broadcast System, WALK, no longer willing to serve that function. LILCO is evaluating alternatives to WALK for that function and will modify its Emer-gency Plan accordingly and take other appropriate steps as soon as one has been decided upon.

Sincerely yours A h- Q Donald P. Irwin One of Counsel for Long Island Lighting Company cc: Atomic Safety and Licensing Appeal Board Atomic Safety and Licensing Board Counsel for all parties 91/730

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. ATTACHMENT S f GlD StP 2 31986 p"3 sse%,t UNITED STATES f ' 7p 1 j NUCLEAR REGULATORY COMMISSION 2:ChET[(-

7 ATOMIC SAFETY AND LICENSING BOARD PANEL 'Ji?N'C

,4f[e W ASHINGTON, D C. 20555 1., j

• • • • September 22, 1986  % SEP 23 p3 :02 CFFra ..

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• MEMORANDUM FOR:

William L. Clements, Chief Docketing and Service Branch FROM: AlleneComiez[4h Secretary to Judge Margulies

SUBJECT:

SHOREHAM PROCEEDING - DOCKET N0. 50-322-OL-3 Please serve the enclosed letter on the parties to the Shoreham proceeding.

Enclosure Ltr. fm A. Beck dtd 9/12/86 I

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September 12, 1986 The Honorable Morton Margulies Administrative Law Judge Atomic Safety & Licensing Board United States Nuclear Regulatory Commission Washington, D.C. 20555 .

Dear Judge Margulies:

Enclosed please find a copy of our recent letter to the Long Island Lighting Company concerning our withdrawal from participation in the Shoreham Emergency Response Plan.

Sincerely is

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(

Alan Beck President & General Manager AB/l Enclosure i

9 ISLAND BROADCASTING COMPANY INC.

sts as s200 p o ao no ommoque se., o . u m q g.f-f4 9-

WALKFfel975 AM1370

an S Beck ='es.:eet ar: Ge"e ai Manager August 8,'1986 Mr. Ira Freilicher .

Vice Fresident '

Long Island Lighting Company 175 East Old Country Road Hicksville, New York 11301

Dear M.r. Freili:

ner:

In ac::rdance with the ruling Of the Supreme Court of the

ew Y:rk (Caomc, Suff:lk, Sc;thampton vs.

State of LI*,.T./Jadge Geiler) and on the advice of counsel, we find it necessary at this time to withdraw fr:m participation in the sh:reha Erergency Respense Plan.

Sin:erelv, n

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Aran 5. Beck

-res den: and Seneral Manager

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J ISLAND BROADCASTING COMPANY, INC.

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ATTACHMENT C Arnerican Red Cross s. m o co.ni,ca.,,c, b 264 Old Countr> Road Mineola N.Y.1150i (516) 747-3500 August 21, 1986 Mrs. Elaine D. Robinson Long Island Lighting Company 175 E. Old Country Road Hicksville, NY 11801

Dear Mrs. Robinson:

In a letter addressed to you dated July 25, 1984, the Nassau County Chapter of the American Red Cross described the role to be played by the Red Cross during a radiological emergency at the Shoreham Nuclear Power Station. As indicated in the letter, this role is mandated by the charter granted to the Red Cross by the U.S. Congress. Although the letter to you is erroneously captioned an agreement, we must emphasize that the letter is not an agreement but simply a statement of the policy of the Red Cross in any radiological, or natural disaster. A copy of said policy is attached.

It should be noted in this connection that radiological emergencies can also arise from the operations of a number of facilities, such as, the two Indian Point reactors, the Brookhaven Laboratory reactor and the reactors at the Millstone station in nearby Connecticut. Thus, the reference to Shoreham in the above-described letter should not be construed to imply that the Nassau County Chapter either supports or opposes the opening of Shoreham.

In the letter to you, the Chapter also appended a list of facilities normally relied upon by the Red Cross to provide space for relocation centers in the event of a natural disaster. It is our understanding that our letter and list of facilities was submitted to the Nuclear Regulatory Commission in the Shoreham licensing proceeding. A significant number of the owners of these facilities have informed us that their facilities would not be permitted for use as relocation centers in the event of a radiological emergency at Shoreham. Others have advised us that their facilities have been withdrawn for use in any event either natural or radiological. '

% APP-B-ll The vanau Counts Red Crans n also all11:ared nith Garden Cars Communits Fund.

fy*L Great venL Umred Commumts fund inc.. Fne Tonns Untred H as.

.stanhauer Umred fund. Inc-

i Mrs. Elaine D. Robinson Long Island Lighting Co.

August 21, 1986 Page e In closing, it should be understood that there is no agreement between Long Island Lighting Company and this Chapter relating to the Chapter's -

responsibility to provide emergency assistance during a radiological emergency.

Very truly yours, f -

Walter Oberstebrink Chapter Chairman WO:hg CC: Nuclear Regulatory Commission Lando W. Zech, Jr. , Chai rman Commissioner James K. Asselstine Commissioner Frederick M. Bernthal Commissioner Thomas M. Roberts Peter F. Cohalan, Suffolk County Executive Francis T. Purcell, Nassau County Executive Deputy Inspector John J. Blankenhorn, Office of Civil Preparedness Long Island Coalition for Safe Living W.J. Catacosinos, Chairman & CEO Long Island Lighting Co.

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-LONGISLAND . DB '86 I Red Cross: We Can't Help on Shoreham Crose oeicial eent a letter to uLCO reporting that and Nassau Counties to participate in emergency I ByJohn Mcdonald they had an agreement with the utility to designate planning for Shoreham, MICO has designed three I

The chairman of the Nassau Chapter of the 50 congregate care centers tn Nassau achools. ofits own facilities as reception centers for the moni-American Red Crees said yesterday that he has noti- But in a letter to UILO last month. Walter toring and decontamination of Shoreham evacuees.

l fled long Island Lighting Co. that there is no agree- Oberseebrink, chairman of the board of the Nassau Decontammated people would be issued paper over-ment regarding the emergency plan for the Shore- chapter, said,"It should be understood that there alls.

l ham nuclear power plant and that facilities planned is no agreement." He =Adad that of the 50 magro-

to house Shoreham evacuees are no longer available, gate care centers, "a significant number of the NRC won't End LHCO HeNg8 UILO han maintained in its Shoreham emer- owners of these facilities have informed us that Washington '!he Nuclear Regulatory Commis-

gency plan that the Nassau Red Cross will designat* th-ir facilities would not be permitted for use as i

facilities to receive evacuees who have been demn- relocation centers in the event of a radiologicalthat sionthehas rejected hearings onathe request by of licensing Gov.

the Mario Cuomo Shoreham

' tammated and provided with paper clothes, but who emergency at Shoreham."

Oberstebrink said yesterday of the representa. nuclear power plar.t be termmated.

- have no place to stay. Cuomo had asked for the ternhnation of the hear.

! The Red Croan' latest position will have little im- tion by the chapter oHicial, who has since left the ings in May, aner White House chief of staff Donald M

' pact on the Nuclear Regulato Commission's con- chapter,"I think he did it innocently. When he was UICO spokee- approached by UIEO, he probably overgeneralized Regan said in a TV interview that long Island can-y sideration of a license for Sho >

l man William Sherrard said. "There isn't any need it, he labeled it an agreement in error. Obviously, not be evacuated.

UILO had asked the NRC to reject Cuomo's re-for a utility in an emergency plan to list congregate UILO used that interpretation." Qg j

c re centers. Everybody recognizes that it is the role Richard Kessel, executive director of the state quest. The NRC order amid that Cuomo's request "is l tn of the Red Cross " he said. Federal Emerge Man- Consumer Protection Board, said of the latest plan, based on the proposition that no adequate emergen- Z I "Where do those people then go with their paper cy plan can be developed for the Shoreham plant. d egement Agency spokesman William con-i firmed Sherrard's interpretation. suita? What if there was an accident in January? '! hat proposition is being litigated in this adjudica.

j, Congregate care center is the term used for facili- Would UICO then send people out into the cold outcome tory of this licensing proceeding byproceeding. We cannot prejudge agreeing or disagree- O th ties to house evacuees aAer they have been moni- wearing only paper suits?"

tored and decontammated. In 1984, a Nassau Red Becanoe of the refussi by the state and Suffolk ing with the governor's proposition."

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6 00CKETED

'JiNRC PROPOSED CONTENTIONS

'86 0CT 17 P3 :40

, WALK Radio Contention CFF!:T.

000:'; %

10 CFR S 50.47(b)(5) requires that means be established 2to' a

provide early notification and clear instruction to the public within the plume exposure pathway EPZ. The public notification system must be capable of essentially completing the initial notification of the public in the plume exposure pathway EPZ 1

"within about 15 minutes." 10 CFR Part 50, Appendix E, S IV.D.3.

In addition, NUREG 0654 requires that there be in existence "a system for disseminating to the public appropriate information

! contained in initial and followup messages received from the

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licensee including the appropriate notification to appropriate broadcast media, e.g., the Emergency Broadcast System (EBS)."

NUREG 0654, S II.E.S. It provides, further, that there shall-be

" administrative and physical means . . . for notifying and providing prompt instructions to the public within the plume exposure pathway Emergency Planning Zone. . . . It shall be the licensee's responsibility to demonstrate that such means exist i . . . ." Id. at S II.E.6. Egg also NUREG 0654 SS II.J.10.c, I

II.F, and Appendix 3.

{

Under LILCO's Plan, WALK Radio is relied upon as the "pri-mary direct communication link to the public." OPIP 3.8.2 at 1.  ;

i Specifically, the Plan provides that:

i WALK-FM Radio Station provides Emergency Broadcast System (EBS) message transmission

, capabilities in support of the public notifi-cation and information efforts of LERO. Upon

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notification from LERO, WALK-FM Radio acti-vates the EBS message control system and broadcasts to the general public, information supplied by the LERO Coordinator of Public Information.

Plan at 2. 2-2, -2a. The Plan also provides that:

[T]here is a system of tone alert radios for warning those organizations with a large-number of people such as schools, hospitals, nursing homes, handicapped facilities and major employers. Each special facility will be equipped with a tone alert radio receiver, which upon activation by the EBS signal from WALK radio (97.5 FM), will automatically ~

4 broadcast the emergency messages. This system will provide these special facilities with direct notification during an Alert, Site Area Emergency and General Emergency.

Id. at 3.3-4. It provides, further:

If the event is classified an Alert, and no protective actions for the general public are required, EBS may be activated without the sirens to notify the school districts to implement early dismissal . .- . .

Id. Finally, the Plan provides:

For a site area emergency or general emergen-cy, the activation of EBS must be coordinated with the siren system activation to ensure that the public will receive prompt instruc-tions. . . . In the event of a radiological emergency involving the Shoreham Nuclear Power Station (SNPS), the Emercency Broadcast System (EBS) can only be activated by communication with Radio Station WALK (97.5 FM) located in Patchocue, New York . . . .

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Q OPIP 3.8.2 at 1-2 (emphasis added). Other radio stations which have agreed to participate in the LILCO EBS can only retransmit messages after they have first been transmitted by WALK Radio.

Egg Plan at 2.2-2a.

Based on the provisions of the LILCO Plan, and representa-tions and testimony by LILCO, the Licensing Board found in its April 17, 1985 Partial Initial Decision ("PID"), that WALK Radio is "obviously the key station" under LILCO's Plan, and that if WALK-FM were unwilling or' unable to broadcast, LILCO's tone alert radio system would fail to function. Lono Island Lichtino Co.

(Shoreham Nuclear Power Station, Unit 1), LBP-85-12, 21 NRC 644 at 764, 760 (1985).

On August 8, 1986, WALK Radio withdrew as a participant in LILCO's Plan. The Governments contend that the refusal of WALK Radio to participate in implementing the LILCO Plan leaves a substantial void in that Plan which precludes a finding of reasonable assurance that adequate protective measures can and will be taken in the event of a Shoreham emergency, as required by 10 CFR S 50.47(a)(1). Specifically:

1. Without the participation of WALK Radio, there can be no reasonable assurance that LILCO's emergency broadcast system

("EBS"), by which LILCO intends to provide the public with detailed information and instruction regarding a Shoreham accident, including what, if any, protective actions should be taken (agg, e.c. , Appendix A at IV-2 thru -3), would or could be implemented, since the EBS can only be activated by WALK Radio 4

)

and, absent WALK's transmission of EBS messages, other radio stations relied upon by LILCO to retransmit EBS messages will be unable to do so. OPIP 3.8.2 at 2; Plan at 2.2-2 thru 2.2-2a.

2. Without the participation of WALK Radio, LILCO's tone alert radio system, by which LILCO intends to provide special facilities, including schools, hospitals, nursing homes, handicapped facilities and major employers, with direct notification of a Shoreham emergency, is not workable, since such tone alert radios can only be activated by an EBS signal from WALK Radio (97.5 FM). Egg Plan at 3.3-4, 3.4-6; Appendix A at IV-3.

3. Without the participation of WALK Radio, none of the provisions of LILCO's Plan pertaining to the dissemination of emergency information and instructions to the public (e.o., Plan Sections 3.3.E, 3.4.H, 3.8.B, and related OPIPs) can or will be implemented.

Accordingly, the Governments contend that, in the absence of an agreement by WALK Radio to perform the functions expected of it by LILCO, the public notification and information provisions of LILCO's Plan cannot and will not be implemented and, therefore, the LILCO Plan cannot and does not comply with 10 CFR SS 50.47(a)(1), 50.47(b)(3), 50.47(b)(5), 50.47(b)(6) and NUREG l

0654 SS II.A.3, C.4, E and F.

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I Concrecate Care Center Contention An offsite emergency plan must include means of relocating evacuees in host areas following an accident at a nuclear plant.

Egg, e.c., NUREG 0654 S II.J.10.g, h, and J.12. The LILCO Plan expressly acknowledges this requirement, and the practical I

necessity, of providing facilities at which evacuees who have no alternative places to stay can be provided with food, shelter, medical care, counselling and other basic necessities. Egg Plan at 2.2-2, 4.8-1. Thus, the LILCO Plan states: ,

The Nassau County Chapter of the American Red Cross has made arrangements to use numerous facilities as congregate care centers in the case of an emergency (agg . . . Appendix B).

Congregate care centers will provide the evacuees with temporary housing, food and other necessities. Each facility will be directed and staffed by American Red Cross personnel. . . .

Id. at 4.8-1. The Plan further assumes that during a Shoreham accident, the Red Cross would designate so-called " congregate care centers" to which evacuees could be directed. See, e o.,

OPIP 4.2.3; Plan at 4.8-1.

The Governments contend, however, that the cited provisions of the LILCO Plan, designed to comply with the regulatory j requirements that there be " relocation centers," cannot and will not be implemented. Specifically, the Governments contend:

! 1. The Nassau County Chapter of the American aed Cross has disavowed the existence of any agreement with LILCO to designate, open, or operate congregate care facilities or to otherwise 4

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I provide the services assumed by LILCO to be available from the Red Cross at such facilities, in the event of a Shoreham acci~ dent.

2. The Nassau County Chapter of the Red Cross has informed LILCO that facilities normally relied upon by the Red Cross as relocation facilities or congregate care centers in the event of

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a natural disaster (including those facilities referred to in i Appendix B of the LILCO Plan) in fact are not available for use as relocation facilities or " congregate care centers" in the .

event of a Shoreham accident.

3. Virtually all the facilities assumed by LILCO to be available as " congregate care centers" have expressly stated that they have not and will not agree to permit their use for such a purpose in the event of a Shoreham emergency.

Accordingly, LILCO's proposals for relocation of evacuees cannot and will not be implemented, and LILCO's Plan thus fails to comply with 10 CFR SS 50.47(a)(1), 50.47(b)(8), 50.47(b)(10), and NUREG 0654 S II.J.

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- DOCXETLD USNRC

! October 15, 1986 16 0C717 P3 :41 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFM - ,

DOCYEnkn'.<Yht' Before the Atomic Safety and Licensing Board M A Ni." .

)

In the Matter of )

)

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, ) ~

Unit 1 ) )

)

CERTIFICATE OF SERVICE i

! I hereby certify that copies of SUFFOLK COUNTY, STATE OF NEW YORK l AND TOWN OF SOUTHAMPTON MOTION TO REOPEN RECORD, have been served

on the following this 15th day of October, 1986 by U.S. mail, first class, except as otherwise indicated.

i Morton B. Margulies, Chairman

• Joel Blau, Esq.

Atomic Safety and Licensing Board Director, Utility Intervention U.S. Nuclear Regulatory Commission N.Y. Consumer Protection Board.

Washington, D.C. 20555 Suite 1020 j

Albany, New York 12210 Dr. Jerry R. Kline* Spence W. Perry, Esq.

4 Atomic Safety and Licensing Board William R. Cumming, Esq.

l U.S. Nuclear Regulatory Commission Office of General Counsel Washington, D.C. 20555 Federal Emergency Management Agency 500 C Street, S.W., Room 840 Washington, D.C. 20472 i

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t. - . - _ - - . - _ - . _ - . . - - - - . . - - - - - - - _ _ _ _ . _ _ . , _ . -..-.-_-_-

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Mr. Frederick J. Shon* Anthony F. Earley, Jr., Esq.

Atomic Safety and Licensing Board General Counsel ~

U.S. Nuclear Regulatory Commission Long Island Lighting Company Washington, D.C. 20555 175 East Old Country Road Hicksville, New York 11801 i Mr. William Rogers W. Taylor Reveley, III, Esq.**

Clerk Hunton & Williams Suffolk County Legislature P.O. Box 1535 Suffolk County Legislature 707 East Main Street Office Building Richmond, Virginia 23212 Veterans Memorial Highway Hauppauge, New York 11788 Mr. L. F. Britt Stephen B. Latham,-Esq.

Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power Station 33 West Second Street North Country Road Riverhead, New York 11901 i Wading River, New York 11792 -

I Ms. Nora Bredes Docketing and Service Section Executive Director Office of the Secretary i Shoreham Opponents Coalition- U.S. Nuclear Regulatory Comm.

195 East Main Street 1717 H Street, N.W.

Smithtown, New York 11787 Washington, D.C. 20555 Mary Gundrum, Esq. Hon. Peter Cohalan New York State Department of Law Suffolk County Executive 2 World Trade Center, Rm. 4614 H. Lee Dennison Building New York, New York 10047 Veterans Memorial Highway l Hauppauge, New York 11788 MHB Technical Associates Dr. Monroe Schneider i 1723 Hamilton Avenue North Shore Committee

. Suite K P.O. Box 231 San Jose, California 95125 Wading River, New York 11792 l

l Martin Bradley Ashare, Esq. Fabian G. Palomino, Esq.

Suffolk County Attorney Special Counsel to the Governor Bldg. 158 North County Complex Executive Chamber, Rm. 229 i

Veterans Memorial Highway State Capitol Hauppauge, New York 11788 Albany, New York 12224

{

j Mr. Jay Dunkleburger Bernard M. Bordenick, Esq.*

New York State Energy Office U.S. Nuclear Regulatory Comm.

Agency Building 2 Washington, D.C. 20555 Empire State Plaza Albany, New York 12223 a

- _ _ , _ _ _ _ _ , ~ , ~ _ _ _ . _ _ _ _ _ . . _ _ . _ . . _ _ _ _ _ . _ . _ _ _ _ _ _ _ . _ _ _ _ . _ _ _ _ _ . _ _ _ . _

4

$fs.

i David A. Brownlee, Esq. Mr. Stuart Diamond Kirkpatrick & Lockhart Business / Financial a 1500 Oliver Building NEW YORK TIMES l Pittsburgh, Pennsylvania 15222 229 W. 43rd Street New York, New York 10036 John H. Frye, III, Chairman

• Oscar H. Paris

• Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Washington, D.C. 20555 I

C Michael S. Miller KIRKPATRICK & LOCKHART 1900 M Street, N.W. ,

Suite 800 i

Washington, D.C. 20036 Date: October.15, 1986

• By Hand

• • By Federal Express I

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