ML20065C218
| ML20065C218 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/23/1983 |
| From: | Brown H KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20065C210 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8302240321 | |
| Download: ML20065C218 (23) | |
Text
- _ ,
d' . .
UNITED STATES OF. AMERICA NUCLEAR REGULATORY COF2IISSION Before the Atomic' Safety and Licensing Bcard3 P300 I
) -
[.-
-In the Matter of )
) g LONG ISLAND LIGHTING COMPANYL ) Docket No. 50-322 '(OL)
)
(Shoreham- Nuclear Power Station, )
Unit 1) )
I'
'SUFFOLK COUNTY MOTION TO TERMINATE THE SHOREHAM OPERATING LICENSE PROCEEDING The NRC is-considering the application of the'Long Island Lighting ~ Company- ("LILCO") for a license to . operate - ("'O L') the Shoreham Nuclear Power. Station (!'Shoreham") . This is to advise the NRC that necessary emergency' preparedness'to respond to 4
a nuclear accident at Shoreham does not and will not exist.
As a result, the County hereby moves the'NRC to cease further consideration of LILCO's OL 2.pplication.and, accordingly, to
~
i , terminate the Shoreham OL' proceeding. .
I. Offsite Emergency Preparedness Does-Not And Will Not -Exist at Shoreham.
1 The Shoreham plant is sited within Suffolk County on the north shore of Long Island. Because of Shoreham's location-and the unique local conditions of Long Island, Suffolk-County-in early 1982 instituted a comprehensive planning process to t
develop the best possible radiological emergency response plan.
- See Suffolk County Legislativ'e Resolutien No. 262-1982, March 3, 1982, Exhibit I hereto. Accordingly, the County assembled a 8302240321 830223 PDR ADOCK 05000322 H PLR
team of-nationally recognized experts to perfomm various analyses, studies and surveys'necessary_ to effective planning on Long Island. _The cost to.the County was approximately- 5600,000. ,
In Resolution 262-1982,- the. County resolved that'"said plan.shall not be operable and shall not be deemed adequate and capable of being implemented until such. time as it is approved' J
- by the suffolk County Legislature . . . .
Id. By Resolution' subsequently adopted in May 1982, the County. resolved that the Legislature's review process would include public hearings and that, until a plan is approved by the Legislature, "Suffolk-County shall not assign funds or ' personnel to test or implement any radiological emergency response plan for'the Shoreham Nuclear Plant'. .: . .
" See Resolution 456-1982, May 18,1982, Exhibit i
2 hereto. .
The Draft _ County Plan commissioned by Resolution _262-1982 was transmitted on December 2, 1982 to the County Legislature for review and hearings in accordance with Resolution Nos. 262-1982 and 456-1982. Copies of the Draft County Plan were, for t
informational purposes, - transmitted to the Shoreham Licensing -
Board and[the-parties in this proceeding.
During the weeks of January- 17 and 24, Ltdut JCounty Legislature -.
held eight days of hearings on the Draft County Plan and in February 1983.travelledtotheThree.Milebslandareatomeet with local goverment officials'and men ~:m:s of the public. The.
t' Legislature's hearings resulted in 1600 pages of transcript, plus hundreds of additional pages of prepared statenents and p y- y "-v- r w , y , , ,. er 4 -.eee --* * * = = - - - - ~ - '- e
other materials. LILCO presented its views en1the Draft County Plan in writing and in person. 1/ Similarly,.censultants who had prepared the Draft County Plan and performed the many analyses, studies and surveys during the planning process also. testified.
Finally, hundreds of members of the public, including representa-tives of the Intervenors in this proceeding -- the Shoreham '
- Opponents Coalition and the North Shore Committee -- also presented testimony.
On February 17, 1983, the County Legislature adopted Reaolv.clon No. 111-1983, a copy of which is attached as Exhibit 3. By
.this Resolution, the Legislature determined and resolved:
[T] hat the Draft County plan submitted to the County Legislature on December 2, 1982, if implemented, would not protect the health, welfare, and safety of Suffolk County residents and thus is not approved and will not.be implemented; and (T] hat the document submitted by LILCO to the (State of New York Disaster Prepared-ness Commission] .without the County approval or authorization, if implemented, would not protect the health, welfare-andJ safety of Suffolk County-residents and thus will not be approved and will not be implemented; and
[T] hat since no local. radiological
' emergency response plan for'a serious nuclear accident at Shoreham will protect the health, welfare and safety of Suffolk County residents, and since the preparation and implementation of any such plan would be misleading to the public by indicating _
1/ During ins oral presentation before the Legislature, LILCO's primary witness, Dr. Matthew Cordaro, was accompanied by seven experts who offered their views. LILCO submitted copies of its presentation before the County Legislature to this Licensing Board via-a letter dated February 1, 1983.
to County ronidents thct their health, welfare and. safety are being protected when, in fact, such is not the case,.the County's radiological emergency planning process is hereby terminated, and no local, radiological emergency plan for response to an accident at the Shoreham plant shall be adopted or Dnplemented; and
[T] hat'since no radiological emergency plan can protect the health, welfare and safety of
, Suffolk County residents and, since no radiological emergency plan shall be adopted or implemented by Suffolk County, the County Executive is hereby directed to take all actions necessary to assure that actions -
taken by any- other governmental agency, be it State or Federal, are consistent with the decisions mandated by this Resolution.
II. The NRC Proceeding on LILCO's OL Application Must Be Terminated.
. Undisputed facts require the NRC to terminate this proceeding because there is no way for Shoreham to comply,with the NRC's i
regulat$ons and no basis upon which the NRC could approve LILCO's OL application:
- 1. Effective offsite emergency preparedness by local govern-
! mental authorities is a prerequisite to-issuance of an.OL for Shoreham. Without such preparedness, the NRC could not find i
the requisite reasonable assurance that Shoreham can be operated l without undue risk to public' health and safety. Thus, in adopting i
10 C.F.R. Section 50.47, the NRC stated:
The Ccmmission's final rules are based on the significance of adequate emergency planning and preparedness to ensure ade-quate protection of the public health and safety. It is ' clear, based .on %e various official reports described in the proposed rules (44 FR 75169)' and the public record compiled in this rulemaking, that onsite and offsite emergency preparedness as well as proper siting and engineered design features are needed to protect the health and safety of the public. 45 Fed. Reg.
55,403 (1980). [ Emphasis added)
- 2. NRC regulations require lthat offsite planning and prepared-ness for_a nuclear plant. consist of both State-plans and local government plans. Thus, under 10 C.F.R. Section 50.33 (g) , 'the applicant shall submit radiological emergency response plans of State and local covernmental entities . . . .
(emphasis-supplie'd) . 2/ Under 10-C.F.R. Section 50.47 (a) (2) , in turn, ?EIG.
must-determine "whether State'and local emergency plans are adiquate.
and capable of_being implemented . . ." (emphasis supplied).-
- 3. As documented by Suffolk County in-Resolution No. 111-1983, there can be no offsite radiologier1 emergency response .
plan'in Suffolk County which, if implemented, would. protect the health, safety, and welfare of Suffolk County's residents.
Thus, Suffolk County will not adopt or implement.any such plan.
Therefore, there is and will be no local offsite emergency plan or preparedness to respond to a-Shoreham radiological emergency.
- 4. Since there can be.no local emergency plan or prepared-ness, the NRC cannot find: (a) compliance with~10 C.F.R._ Sections ,
- 50. 33 (g) or 50.47; or (b) reasonable assurance that Shoreham can be operated without endangering the health and safety of the public. Accordingly, the LILCO'OL application must be. rejected and this-proceeding terminated.
2/ It is impossible for LILCO, the applicant here, to submit 4
the radiological emergency response plan_sofno Suffolk such plan County, and the " local governmental entity." Therr See County ..esclution No. 111-there will be no such plan.
1983.
i-
The'NRC has recognized in its regulations a'/ that deficiencies in emergency preparedness may require denial of an'OL. Indeed, Section 50.47 (c) (1) expressly provides that failure to meet the standards of Section 50.47 (b) "may result in the'Cc==ission declining to issue an Operating License." Given this provision,
~
it is obvious, a fortiori, that the non-existence of'offsite planning and preparedness -- the categorical failure to satis 39~
~
any of 'the Section 50. 47 (b) standards -- recuires the denial.
of an operating license. That situation'is precisely what is presented here.
Section 50.47 (c) (1) is thus intended to deal with manageable situations where, for example, an' isolated particular problem with local preparedness would stand in the way of.giving effect to an otherwise adequate local plan. In such limited situations,
! the Commission has expressed its intent to examine whether a i: feature of the State plan or the utility onsite plan can compensate-1 for the deficiency of' the local plan, thereby curing the deficiency and establishing the requisite level of workable offsite prepered-l ness..4 / -
L 3/ By law, the NRC is bound to apply and follow its own regulations..
Nader v. NRC, 513 F.2d 1045, 1051 (D . C . Cir . 1975) ; see 10 C.F.R.
Section 50. 57 (a) (2) .
4/ The NRC has' stated that it "will examine-State plans, local planr, and licensee plans.to determine whether features of one clan li.e. , 'an. existing and workable plan] ' can compensate for deficiencies in ancther plan."_ 45 Fed. Reg. 55403 (1980) (emphasis supplied). For instance, Section 50.47 (c) (1) might permit a l
Lutility's onsite plan to compensate for deficiencies in a State l
cr local plan in a specific area such a's radio communication',
l
. Cincinnati Gas & Electric'Co. (Zimmer) , L3P-82-48, 15 NRC 1549, l
1573'(1982), or offsite radiation monitoring. Southern California l
Edison Co. (San Onofre) , LEP-82-39, 15 NRC 1163, 1249 (1982).
.Section 50.47 (c) (1) is not intended to be -- and in reality never could become -- a device for devining the wholesale creation of a local plan and' local preparedness where they do not exist.
NRC regulations require offsite emergency preparedness in fact, Therefore, the truth must be faced: when.
not by illusion.
there is no local' preparedness, there simply is none.' And when there is none, the NRC cannot license a plant. That is the case at Shoreham, and compels the termination of this OL pro-ceeding. -
5/
III. Conclusion For the foregoing reasons, Suffolk County moves the NRC to grant this motion expeditiously.
Respectfully submitted, David J. Gilmartin Patricia A. Dempsey Suffolk County Department of Law
' H. Lee Dennison Building Veterans Memorial Highway Hauppauge, New York 11788
' Herbert H. Brown Lawrence Coe Lanpher Christopher M. McMurray
- KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 190C M Street, NW Washington, DC 20036 Attorneys for Suffolk County Feburary 23, 1983 5/ Section 5 of the NRC 1982 Authorization Act adopts a provision which originated in Section 109 of the NRC 1980 Authorization Act. This provision was implemented by the Commission through the promulgation of Section 50. 47 (c) (1) . The discretionary NRC authority continued by Section 5 of the current Authorization Act, therefore, is confined to the content of Section 50. 47 (c) (1) which, as discussed above, provides no basis for continuing this licensing proceeding.
'T
- v .
- t .
- }' .
Intro.Res.t:3. 1266-82 Laid en Table 3/9/82
.} Introduced by tha Presiding at thoesquactofthgCountyExtcutiva h RESOLUTION No. 262- 1982, DIRECTIt!G THE 7 COMPTROLLCR AND COUNTY TREASURER TO RCFUND Q 3150,000 RCCEIVED FROM LILCO AND TRANSTERRING Q FUNDS IN CONNECTION WITH FJ,0ICLOGICAL RESPCUSE PLAN.
1 WHEREAS, Re solution a No. 694-1981 autheri:ed an agreement between LILCO
- f, and tho Suf folk County Deoart ent of Planning fer the preparation of a County rottological emergency responso plan; and WHEREAS, under the terms of the agrec:- nt, LILCO has paid the County of Q Suffolk 5150,000 with an additional S95,000 due upon coupletion of the contract; g end 2
3 WHEREAS, special counsel for the County 1.n the Shoreham operating licensing proceedings has advised the County that it is in the best interest of the County to avoid any appearance of a conflict of interest by returning the 5150,000 received from.LILCO for the radiological response plan; and
% WHEREAS, it is the Intention of the County to complete the radiological recponse plan at its own expense; now, therefore, be it RESCLVED, that the County Comptroller and County Treasurer are directed jf to return $150,000 to LILCO; and be it further/ !
,k RESOLVED, that the County Comptroller and County Treasurer are directed
'. to cancel the unexpended balance 'in the following encumbrances; *
'q 01-8026-932
.. 01-8026-993 *
,f. 01-8026-994
- a, .
and be it further Y RESOLVED, that the County Comptroller and County Treasurer be, and they
(, 4 hereby are authorized to transfer the following funds and authorizations yRon *
-1
$ Er:ployco Benefits Health Insurance 01-9060-836
' N. $375,000 l
W :1 To l
' -h ,~ _
- Planning h' Radiological Response Plan (Office Supplies) 10,000 l 1 01-3026-301 .
l 4 Planning I k, Radiological Response Plan (Prf,:ing) 19,000
- l 1 01-8026-304 .
5
? Planning Radiologic 1 Response Plan (Misc.) f 40,000 01-802G-350 ; '
$s .
O!C
- 3 3 .
.x
.[
3x -
6 '
7 g.
e 4
L_ ._..= .
a ,
, j intrv. Ris.,Ns. 1266-82 PL32 2 a
i
{gPlanning
< 9" Rcdiological Response Plan ( Adv. ) 1,000
.1 01-S026-377 i
- Planning p, .tr.diological Response Plan (Mileage)
- 5,000
.*; 01-8026-433
.K .
't-Planning j Rcdiological Responso Plan (Fees for services for *
.- non-Er.ployees 300,000 j 01-8026-456 A
4 .nd ba it further *
[
f RESOLVED,. that the County Planning
- Department shall prepare a Ccenty
)s ' e.:diological D
- lfare of the Emergency residents Response of Suffolk Plan to serve the Countyr..and ba interest it furtherof safety, health and
.2
. .y RESOLVED, that said plan shall not be operable and shall not be deemed I adequate and capacle of being implemented until such time as it is approved by 4, the Suffolk County Legislatures and RESOLVED, that only after said plan is approved by the Suffolk County
- 3 1
e Legislature, and the shall it be submitted to the Federal Emergency !!anagement Agency lluclear Regulatory Commission for purposes of any findings,
}
determinations, rulings, reviews, or bearings by such Federal agencies.
D7.'IED : Ptarch 23, 1982-n D APPRO Ya
't.A
,. E. CountyAxecut2.ve of Suf fol4 County
(
- Date of Approval: 3[.2, h N
,4 .
g CRtnfg ItgislatureSUFFOLK COUNTY
.s l County !agis!:ture of thEM* i* l' Cernfg Cipd ,3. William H. Roge e County of Suffolk RIVERilEAD. N. y.
foregoing copy of resolution with the original reso ution now o. file n
,g ,
this office. and which was duly adopted by the County legislature ofsri County on
} f q,A.ej, ,23, 79f,f_,, .
r.nd that the same is a true and correct transcript of said resolution and
., the whole thereof.
E" Nite Thered.J have hereunto set my hand and the efficial se:I of the County . . W"-% legislature
. 0s.-
of the Coun
..j un- . _ Clerk of the County '
!}wa gislatEre
.l
-t .
,-8's .
d . .
b, . '
1
.-R . .
t :he
~.
c
- 3
(<
1 i, ..; .._ . _.... .
I -- n O ntro.. wet 10, 1516-62
.. I- !
f Introducsd by Logislators Blass, Rosso, Polay, Caracspp'3, Ciess, Allgrovo,
, ,@ nichards, D2 Wahecnbstg, Ri:20 Nolan, Hariton, Noto,'Howard, Pro pset, LABu3, vino, Meazek
- i. . RESOLUTION NO. &S6 -1982,' ESTABLISHING THE f
1 37.3IOLOGICAL EMERCENCY RESPONSE PLANNING POLICY OF T!!E COUNTY OF SUFFOLK
@ t/HERCAS, County of Suffolk has the primary respecoibility for the protection of its residents in the uvent of a radiological e ergency at the Long Island Lighting Company's Ghorcham Nuclear Power Statient and
.) WHEREAS, .
Suffolk Ccunty takes this responsibility seriously and ' intends, g,
[
through good faith and sound planning efforts, lo assure that the best possible ocorgency County; andplan and preparadness are. developed to protect ths citizens of Suffolk J
'}
A
~ Di WHEREAS, ?uffolk County's Emergency planning Task Force, coeposed ofnow nationally conductingrecognized
.a experts drawn from a range of pertincot disciplines, is detailed planning effort g vichle radiological energency plan for suf folk County; andin order to attempt to develop a
.' WHEREAS, the Long Island Lighting Company, in an unwarranted and arrogant act, the has gone beyond rightful powers its of powers as a private corporation in an attempt to usurp Suffolk County by submitting county planning resource' raaterial to the New York State Disaster Preparedness Commission for its approval s
as the of ficial radiological emergency response plan for suffolk County; and
'} tiHEREAS, said planning resource material developed in part by county 3'
y personnel, is preliminary data which in no way constitutes the Suffolk County-approved constitute RADIOLOGICAL EMERGENCY RESPONSE PLAN and will not 'in the future {4 such County plang ' and
*c \ HHEREAS, Suffolk
}I has been fully prepared and approved by Suffolk County and is thereby integrated County will submit its RADIOLOGICAL EMERGENCY RESPONSE
< PLAN to the New York State Disaster Preparedness Commission only when that ' plan'
'I.4 uith the planning efforts of both LILCO and New York Stater therefore, be it RESOLVED, that Suffolk 3.
Ptdiolcgical Emergency Response Planning Policy: County hereby established the following 4 Suf folk County shall not assign- funds or .- personnel to test or implement any A radiological emergency response plan for
* ^ 3
- the Shoreham Nuclear Plant unless that plan has been fully developed to the best of the County's ability.
1 ~ Suffolk County shall not assign funds of d perconnel to test or implement any 1 radiological emergency response plan for F' the Shoreham Nuclear Plant unless that plan has been the subject of at lease two public hearings, one to be held in River-
}r head, r.nd one to be held in Hauppauge. , ,
i T. n . b~ y _
- t. . .
en W '" 4 .
<] .
,p --
T . 4 s b
;g
'1i.' .
r T Suffolk County shall not assign runda ce i
'{.j personnal to test or implement any
. radiological cmergency cooponsa plan for
,?., tha Sharcham Nuclear Plant unless that .\'
;f P an has besn approved, after public l .
1' 4 and t?.2;s, by the Suf folk County t.egislature heari County Executive
- k .
cnd, be it further i . ((g RES Ot.VED, Sp2aker of the Ass"'d v, th7t copies of t.51s resolution be sent to the Covernor, the n ei of the State of New it. the Majority t.s-der of the Sonate and tho I,ogisleture *
- k. - (i D.'. ;'::D : Map 18, 1982 APPP'...] BY:
'/ ) Im -
- j Courdy Executive of Suf folk Countp
], Date of Approval:
. .,s
#/f 4
- k. '
.f
+ .
M}: - // y% ' f
.g
- n 4,. . .
sg. . , 8
.g
, g' '
'3
.g ,
5, .
- 'h. .'T ,
~
.g _
m{ SUFFOLK COUNTY l tip. 6. i. cnet; Ct,nt ;I. Willia m H. Rogers. Clerk of the J+. Cant; Ke;;ist.-tu,, County legisir.ture of the ccunty of Suffolk. htve compared the
- i. P.!VERilEAD. N. Y. fores:cing copy of retalution with the original resolution now on file in 5 this office. t.nd hich was duty adepted by the County Iagi:1. ture of f. id
- 4
, County on . /f, /ffc2./
I t.nd tbet the ssme true and correet tran.seript of se.id resolution end of I
"$~ s the whole thereof. l
( Jf' lr.I em, pl.m.t.;I have hereunto set my hand :nd the official ser.! of the Ccunty legisitture of the County of Suffolk.
~.'..h$ ,,
I**$.s.......... ..-*g
. . . . . . . . . . . . . . . ... :k. 0.....
Clerk of the County Inists.ture [..,.). _ _ _ _- -
.g . ..
4 .
..;j& '
4 - r':5 - 72, .
}s .- .q, d
E 1T TNM{s 4W.* 7.L; := t-- - - - . - - -
Resolution No. -1983., Constituting the Findings and Determinations _of Suffolk County on Whether A, Level of Emergency Preparedness To Respond to a Radiological Accident At the Shoreham Nuclear Power Station - Can Protect the Health, Welf are and Safety of the Residents of Suffolk County WHEREAS, Suffolk County has a duty under the Constitution of the State of New York, the New York State Municipal Home Rule Law, and the Suffolk County Charter to protect the health, sr#ety, and welfare of the residents of Suffolk County; and WHEREAS, the Long Island Lighting Company ("LILC0") is constructing and desires to operrte the Shoreham Nuclear Power Station-("Shoreham"), located on the north shore of Long Island near the town of Wading River, a location which is within the boundaries of Suffolk County; .and WHEREAS, a serious nuclear accident at Shoreham could result in the -release of significant quantities of radioactive fission products; and WHEREAS, the release of such radiation would pose a - severe hazard to the health, safety, and welfare of Suffolk County residents; and i WHEREAS, in' recognition of the eff ects of such 13tenti al ! hazard posed by Shoreham on.the duty of Suffolk County to pro-I tect the health, safety, and welfare of its citizens, this Legislature on March 23, 1982, adopted Resolution No. 262-1982, which directed that Suffolk County prepare a " County Radio-l logical Emergency Response P1an to serve the interest of the saf,ety, health, and welf are of the citizens of Suffolk County and , WHEREAS in Resolution 262-1982, the Legislature determined , that the plan developed by the County "shall not 'be operable l and shall not be deemed adequate .and capable of being implemented l until ~ such time as it is approved by the Suffolk County Legislature"; and
vw-ns
, WHEREAS, in adopting Resolution 262-1982, tne Legislature found that earlier planning efforts by LILCO.and County planners
-(the " original planning data") were inadequate because they
. f ailed to address the particular' problems posed by conditions on Long Island and further f ailed to account for _numan behavior during a radiological emergency and the lessons of the accident at Three Mile Island; and WHEREAS,Jon March 29,.1982, Peter F. Cohalan, Suffolk
. County Executive, acting to implement Resolution 262-1982, by Executive Order established the Suffolk- County Radiological Emergency Response P1an Steering Committee (" Steering Committee")
and directed it to prepare a County plan for ' submittal to the
~
County Executive and County Legislature; and WHEREAS, . the Steering Committee assembled a group of highly qualified and nationally recognized experts from diverse disciplines to prepare such County plan; and WHEREAS, such highly qualified experts worked in a diligent - and conscientious effort at a cost in excess of $500,000 to prepare the best possible-plan for Suffolk County, and particularly to ensure that such plan took into account all particular physical and behavioral conditions on Long Island that affect the adequacy of the emergency response plan; and WHEREAS, the analyses, studies, and surveys of such experts included: (a) Detailed analyses of the possible releases of radiation from Shoreham; (b) Detailed analyses of the . radiological health ' consequences of such radiation release on the population of Suffolk County, given the meterologi-cal demographic, topographical, and other specific local conditions on'Long Island; (c) A detailed social survey of Long Island residents to determine and assess their intended behavior in the event of a serious accident at Shoreham; (d) _ A detailed survey of school bus drivers, volunteer firemen, and-certain other emergency response personnel to determine whether emergency personnel intend to report prorrptly for emergency duties, l or instead to unite with their own f amilies, in the event of a serious accident at' Shoreham; (
Vt%TT) l (e) Detailed estimates of.the' number of persons who- '
- vould be ordered to' evacuate in the event of a serious accident at Shoreham, as well as the number of persons who intend to evacuate voluntarily even if not ordered to do so; ;
(f) Detailed analyses of the road network in Long Island and the time. required to evacuate persons from areas affected by radiation releases; (g) Detailed analyses'of the protective actions available to Suffolk County residents to-evacuate or take shelter from such radiation releases; and (h) Analysis of the lessons learned from_the accident at Three Mile Island on local covernment responsibilities to, prepare for a radiological emergency; and-WHEREAS, on May 10, 1982, LILCO, without the approval or authorization of the Suffolk County Government, submitted to the New York State Disaster Preparedness Com:rassion ("DPC") two volumes entitled "Suffolk County Radiological Emergency
- Response Plan" and containing the original planning. data, as further. revised and supplemented by LILCO, and requested the DPC to review and .aporove such LILCO submittal as the local radiological emergency - 'ponse. plan for Suffolk County; and WHEREAS, in Resolutions _456-1982 and.457-1982, the County further addressed the matter of preparing for a radiological emergency at Shoreham and emphasized.that:
(a). The LILCO-submitted document was not' and will not be'the County's Radiological Emergency Response P1an; aad (b) The County's Radiologicai v.ergency Response Planning Policy, as enunciated in Resolution 456-1982, is as follows: l Suffolk County shall not assign funds or personnel to test or implement any radiological l emergency response plar, for the Shoreham Nuclear P.lant unless that plan has been fully developed l , to the best of the County's ability. l [ Suffolk County shall not assign _ funds or personnel to test or implement any radiological emergency response plan for the Shoreham-. l Nuclear Plant unless that plan has been subject of at. least two public. hearings,.one to be held
- in Riverhead, and one to be held in Hauppauge.
- w. _- - , , . , , ,7
~
Suffolk County shall not assign funds ori personnel to' test or implement. any radiological emergency response olan for the Shoreham t uclear Plant unless that plan has been approved, after public hearings, by the Suffolk County. Legislature and the County Executive; 'and WHEREAS,- on June 9,1982, the DPC rejected.the LILCO-submitted . document for the reason that it was deficient; and WHEREAS, on October 6,1982, LILCO, again without the approval or authorization of the Suffolk County Government, submitted to the DPC an amended version of the previously submitted LILCO document which had been rejected by the DPC; and WHEREAS, on December 2,1982, the Draf t County Radiological Emergency Response Plan authorized by Resolution 262-1902 was submittad to the County Legislature for review and public hearings as specified in Resolutions 262-1982, 456-1982, and 457-198'2; and WHEREAS, in January 1983, the Legislature held hearings on the Draft County plan, which hearings included: (a) More than 1,590 pages of transcripts; (b) Detailed written statements and oral testimony of County expert consultants who prepareo the Draf t County. plan; (c) Detailed written statements and oral testimony of .LILCO officials and expert consultants retained by LILC0; (d) Detailed written statements and oral testimony of the Suffolk County Police Department, the County Health Department, the County Social Services Department,- and the Coun.ty Public Works Department, all of which would have indispensable roles in respond-ing to a radiological emergency at Shoreham; (e) Detailed written statements and oral testimony or organizations in Suffolk County concerned with radiological emergency preparedness; and (f) Extensive presentations by hundred:, of members of the general public; and WHEREAS, members of the Legislature also travelled to and held public hearings in the vicinity of the Three Mile Island Nuclear Power Plant to gain informatjon on the lessons to be learned by local governments from the accident at Three Mile Island; and
Page 5 WHEREAS, the Draf t County plan identifies evacuation and
-protective sheltering as the two primary protective actions which would need to be implemented in the event of a serious accident at Shoreham; and WHEREAS, evacuation of Suffolk County residents in the event of a radiological emergency could take as much time as 14-30 hours.because of various factors, including: the limited number of appropriate evacuation routes in Suffolk County; difficulties in mobilizing police and other emergency personnel; difficulties ensuing from spontaneous evacuation of large numbers of County residents, thus creating severe traffic congestion; and unavailability of alternate evacuation routes for persons residing east of Shoreham and thus the necessity for such persons
- during an evacuation to pass by the plant and possibly through the radioactive plume; and WHEREAS, evacuation times in excess of 10 hours -- and certainly evacuation times in the range of 14-30 hours -- will result in virtual immobilization of evacuation and high exposure of evacuees to radiation such that evacuees' health, safety, and welf are would not be protected; and WHEREAS, protective sheltering is designed.to protect persons from excessive radiation exposure by such persons staying indoors until radiation with the greatest danger to health has passed; and WHEREAS, if protective sheltering were ordered for Suffolk County residents, unacceptable radiation exposure would still be experienced by substantial portions of the Suffolk County population, thus making it impossible to provide for the health, welf are, and safety of these residents; WHEREAS, the document submitted by LILCO to the DPC without County approval or authorization is deficient because it does not deal with the actual local conditions, physical and behavioral, on Long Island that would be encountered during a serious auclear accident at Shoreham; and WHEREAS, the document submitted by LILC0 to the DPC without County approval or authorization does not ensure tha,t effective protective action by persons subject to radiation exposure, in the form of evacuation or sheltering, would be taken in event of .a serious nuclear accident at Shoreham, and thus such document, even if implemented, would not protect the health, safety, and welfare of Suffolk County residents; and ,
Page 6 WHEREAS, the extensive ' data which'the Legislature has considered make clear that the site-specific circumstances and actual local conditions existing on Long Island, particularly its elongated east / west configuration which requires - all evacuation routes from locations east.of the plant to pass within. a zone of predicted high radiation, the ineffectiveness of. protective sheltering, the severe traffic congestion -likely to be experienced if-a partial or complete evacuation were ordered, and the difficulties -in ensuring that emergency personnel will promptly report for emergency duties, preclude any emergency response plan, if implemented,- from providing adequate preparedness to protect the health, welf are, and
. safety of Suffolk County residents; therefore be it RESOLVED, that the Draf t County plan' submitted to the County Legislature on December 2, :1982,. if implemented, would not protect the health, welfare, and safety of Suffolk County residrats and thus is not approved and will not be implemented; and RESOLVED, that the document submitted by LILCO to the DPC without the County approval. or authorization, if implenented, would not protect the health, welfare, and safety of Suffolk
. County residents and thus will not be approved and will not be
. implemented; and RESOLVED, that since no local radiological emergency.
response' plan for a senious nuclear accident at Shoreham will protect the health, welf are, and safety of Suff olk County residents, and since the preparation and implementation of- any such plan would be misleading to the public by indicating to County residents that their health, welf are, and safety are being protected when, in fact, such is not~the case, the County's radiological emergency planning process ,is hereby terminated, and no. local radiological emergency plan for response to an accident at the Shoreham plant shall be adopted or implemented; and RESOLVED, that since no radiological emergency plan can protect the health, welf are, ~ safety of Suffolk County residents and, since no radiological emergency plan shall be adopted or -implemented by Suffolk County, the Co~unty Executive is hereby directed to take all. actions necessary to assure that actions taken by any other governmental agency, be it State or Federal, are consistent with the decisons mandated by this Resolution. J
= .- ,,. - - . - . . .c, ,. , . ,,, . - - , . ,, , -
U
,5 =.
Resoiution No. -1983., 83. FEB 23 P3 3 Constituting the findings and Determinations'ofiSuffolk County ~ . on Whether A' Level of. Energency : .,.F T13 Preparedness To Respond to a . Radiological Accident At.the Shoreham Nuclear = Power Station Can Protect.the Health ~, Welf are and ' Saf ety. of the Residents ' of Suffolk County , WHEREAI, ~ Suffolk County has a duty under the Constitution; of the State of New York, the New York State Municipal 1Home Rule Law,'and the Suffolk County; Charter to protectythe health, safety, and.welf are of the residents of Suffolk . County; and
-WHEREAS, the Long Island Lighting Company-("LILC0") is constructing and ~ desires to operateithe -Shoreham Nuclear. Power Station ("Shoreham"), located on thel north; shore of Long
' Island. near-.the town of Wading River, a location which is within the boundaries of.Suffolk County; and ,
D WHEREAS, a serious: nuclear accident at Shoreham could
- result in the release'of significant quantities. of ~ radioactive
'-fission' products; and WHEREAS, the release of such. radiation wouId oose a severe hazard to the health, ' safety, and welf are of'Suffolk County residents; and WHEREAS, .in recognition of the effects of such potential hazard. posed by Shoreham on the duty of Suffolk County to pro-tect the-health, safety, and- welf are' of its citizens, this Legislature on March 23, 1982,- adopted Resolution;No.t262a1982, a.._.__. which directed that Suffolk County-prepare a " County Radio-logical Emergency Response Plan to serve .the interest .of. _the-saf,ety, health, and welf are of the. citizens of -Suffolk County and .
L-
~
WHEREAS .in Resolution 262-19E2, the Legislature determined . that the plan developed by the County "shall not be operable and shall not be deemed adequate and capable of being implemented until = such time as it is approved by. the Suffolk County Legislature"; and
- p. , ,.p., 1_y.--..,, . ,+ ,,,.y-- --,-c-+ 9 s,- r-,ww wwe-'R*w- -
ww-- w ' - ** " ' '
\
. Page'2 e
WHEREAS, in adopting Resolution 262-1982, the Legislature found that earlier planning efforts by LILCO and County planners I (the " original planning data") were inadequate because they
. .f ailed to address the particular problems posed by conditions on Lono Island and further f ailed to account for human behavior during a radiological emergency and the lessons of the accident at Three Mile Island; 'and
'WHEREAS, on March 29, 1982, Peter F. Cohalan, Suffolk County Executive, acting to implement Resolution 262-1982, by Executive Order established the Suffolk County Radiological Emergency Response Plan Steering Committee (" Steering Committee")
and directed it to prepare a County plan for submittal to the County Executive and County Legislature; and WHEREAS, the Steering Committee assembled a group of highly qualified and nationally recognized experts from diverse disciplines to prepare such County plan; and WHEREAS, such highly qualified experts worked in a diligent and conscientious effort at a cost in excess of 5500,000 to prepare the best possible plan for Suffolk County, and particularly to ensure that such plan took into account all particular physical and behavioral conditions on Long Island that . affect the adequacy of the emergency response plan; and WHEREAS, the analyses, studies, and surveys of such experts included: , (a) Detailed analyses of the possible releases of radiation from Shoreham; (b) Detailed analyses of the radiological health consequences of such radiation release on the population of 'Suffolk County, given the metero.logi-cal, demographic, topographical, and .other specific local conditions on Long Island; (c) A detailed social survey of Long Island residents to determine and assess their inter.ded behavior in the event of a serious accident at Shoreham; (d) A detailed survey of school bus drivers, volunteer firemen, and certain other emergency response personnel to determine whether emergency personnel intend to report prorrptly for emergency duties, or instead to unite with their own f amilies, in the event of a serious , accident at' Shoreham;
Page 3
~*
(e) Detailed estimates of the number of persons who would be ordered to evacuate in the event of a serious accident at Shoreham, as well as the number of persons who intend to evacuate voluntarily even if not ordered to do'so; (f) Detailed analyses of the road network in Lono Island and the time. required to evacuate persons from areas affected by radiation releases; (g) Detailed analyses of the protective actions available to Suffolk County residents to evacuate or take shelter from such radiation releases and (h) Analysis of the lessons learned from the accident at Three Mile Island on local government responsibilities to prepare for a radiological emergency; and WHEREAS, on May 10, 1982, LILCO, without the ' approval or authorization of the Suffolk County Government, submitted to the New York State Disaster Preparedness Commission ("DPC") two volumes entitled "Suffolk County Radiological Emergency , Response Plan" and containing the original planning data, as further revised and supplemented by LILCO, and requested _ the DPC to review and . approve such LILCO submittal as the' local radiological emergency response plan for Suffolk County; and WHEREAS, in Resolutions 456-1982 and 457-1982, the County further addressed the matter of preparing' for a radiological ~ energency at Shoreham and emphasized that: (a) The LILCO-submitted document was not and will not be the County's Radiological Emergency Response Plan; and (b) The County's Radiological Emergency Response Planning Policy, as enunciated in Resolution 456-1982, is as follows: Suffolk County shall not assign funds or personnel to test or implement any radiological emergency response plan for the Shoreham. Nuclear Plant unless that plan has been fully developed
, to'the best of the County's ability.
Suffolk County shall not assign funds or personnel to test or implement any radiological emergency response plan'for the Shoreham Nuclear Plant unless that plan has been subject of at least two public hearings, one to be held in Riverhead, and one to be held in Hauppauge.
'. .' Suffo'1k Coun'ty shall not assign funds or personnel to test or implement any radiological emergency response plan for the Shoreham Nuclear Plant unless that plan has been approved, after public hearings, by the Suffolk County Legislature and the County Executive; and WHEREAS, on June 9,1982, the DPC rejected the LILCO-submitted . document for the reason that it was deficient; and WHEREAS, on October 6,1982,. LILCO, again without the approval or authorization of the Suffolk County Government, submitted to the DPC an amended version of the previously submitted LILCO document which had been rejected by the DPC; and WHEREAS, on December 2,1982, the Draf t County Radiological Ernergency ' Response P1an authorized by Resolution 262-1982 was submitted to the County Legislature for review and public hearings as specified in Resciutions 262-1982, 456 1982, and 457-198'2; and WHEREAS, 'in January 1983, the Legislature held hearings on the Draf t County > plan, which hearings included: -
(a) More than 1,590 pages of transcripts; (b) . Detailed written-statements and oral testimony of County expert consultants who prepared the Draft County plan; - l (c) Detailed written statements and oral testimony of LILCO officials and expert consultants ! retained by LILC0; l (d) Detailed written statements and oral testimony of the Suffolk County Police Department, the
- County Health Department, the County Social Services
! Department, and the County Public Works Department, i all of which would have. indispensable roles in respond-ing to a radiological- emergency at Shoreham; (e) Detailed written statements and oral testimonv or organizations in Suffolk County concerned with-radiological' emergency preparedness; and (f) Extensive presentations by hundreds of members i of the general public; and WHEREAS, member's of the Legislature also travelled to ' and held public hearings in the vicinity of the Three Mile Island Nuclear Power Plant to gain informat_ ion on the lessons to be learned by local governments from the accident at Three Mile Island; and
o - Page 5 WHEREAS, the Draf t County plan identifies evacuation and protective sheltering as the two primary protective actions which would need to be implemented in the event of a serious accident at Shoreham; and WHEREAS, evacuation of Suffolk County residents in the event of a radiological emergency could take as much time as 14-30 hours because of various factors, including: the limited number of appropriate evacuation routes in Suffolk County; difficulties in mobilizing police and other emergency pe sonnel; difficulties ensuing from spontaneous evacuation of large numbers of County residents, thus creating severe _ traffic congestion; and unavailability of alternate evacuation routes for persons residing east of Shoreham and thus the necessity for such persons during an evacuation to pass by the plant and possibly through the radioactive plume; and WHEREAS, evacuation times in excess of ~ 10 hours -- and certainly evacuation times in the range of 14-30 hours -- will result in virtual immobilization of evacuation and high exposure of evacuees to radiation such that evacuees' health, safety, and welf are would not be protected; and WHEREAS, protective sheltering is designed to protect persons from excessive radiation exposure by such persons staying indoors until radiation with the greatest danger to health has passed; and - WHEREAS, _ if protective sheltering were ordered for Suffolk County residents, unacceptable radiation exposure would still be experienced by substantial portions of the Suffolk County population, thus making it impossible to provide for the health, welf are, and safety of these residents; l' WHEREAS, the document submitted by LILC0 to the DPC without County approval or authorization is deficient because l i it does not deal with the actual local conditions, physical i and behavioral, on Long Island that would be encountered during a serious nuclear accident at Shoreham; and WHEREAS, the document submitted by LILC0 to the DPC without County approval o.r authorization does not ensure ! tha.t effective protective action by persons subject to ' radiation exposure, in the form of evacuation or sheltering, would be taken in event of .a serious nuclear accident at Shoreham, and thus such document, even if implemented, would not protect the health, safety, and welf are' of Suffolk County residents; and
- ;? . .
, . Page 6 WHEREAS, the extensive data which the' Legislature has
, considered make clear that .the site-specificicircumstances and actual local conditions . existing'on Long Island,- particularly
~
its elongated east / west configuration which _ requires all Levacuation routes from locations east of _ the plant to pass within' a zone of predicted high radiation, the ineffectiveness of protective sheltering, the severe traffic congestion likely
~
to be experienced if a partial or. complete evacuation were ordered,Eand the difficulties in ensuringLthat emergency .
. personnel will promptly report for emergency duties, preclude any emergency response plan, if implemented, .from providing i adequate-preparedness to protect the health, welf are, and safety of Suffolk County residents; therefore be it
' RESOLVED,othat the Draft County plan submitted to the County Legislature on December 2,_1982, if implemented, would not protect the health, welfare, and safety of.Suffolk County residents and thus is not approved and will not be implemented; and RESOLVED, that the document _ submitted by LILCO to the DPC without the County approval or authorization, if implemented, would
. not1 protect the health, .welf are, and safety of Suffolk' County residents and thus will not be approved and will 'not be
. impl emented ; - and ,
RESOLVED, that since no local' radiological emergency -
- response plan for a serious nuclear accident at Shoreham will protect the health, welf are, and safety of Suffolk -County residents, and since .the preparation and implementation of any such plan would lie misleading to the public by indicating' to i' County residents that their health, welfare, ar.d safety are being protected when, in f act, such'is not the case, the County's
. radiological emergency planning process is hereby terminated, and'no local radiological emergency plan for' response-to an
~
accident at the Shoreham plant"shall be adopted or implemented; and L RESOLVED, that since no radiological emergency plan can l protect the1 health, welf are, safety of Suffolk County
- residents .and, 'since no radiological emergency plan shall
- ' be adopted oor implemented by Suffolk County, the Co~unty_ Executive is hereby directed to take all actions necessary to assure i that actions taken .by any other governmental agency, be it State or Federal, are consistent with the decisons mandated
, by this Resolution. $l r e
..._2 . .,. - _ , ,_ -__, . --- . . , , _ _ - . _ - .}}