ML20199K675

Requests That Rev 7 to Util Emergency Plan Be Rejected Due to Util Misstatement Re Law & Effect of Board of Supervisors Decision Prohibiting Use of Naussau County Facilities, Including Coliseum,As Evacuation Ctr.Related Correspondence

ML20199K675
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	07/01/1986
From:	Brown H KIRKPATRICK & LOCKHART
To:	Harold Denton Office of Nuclear Reactor Regulation
References
CON-#386-855, RTR-NUREG-0654, RTR-NUREG-654 OL-3, NUDOCS 8607090215
Download: ML20199K675 (3)

Text

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i 4 W.tA TE O Q., g w a w w g KIRKPATRICK & LOCKHART 1900 M STREET, N t WASHINGTON, D.C. 200M ONE sosTow rLAct aostok uA azios nttruost con sma inon w I'29 BFJCKELL A\\ENCE ntscera con.sms2 000HE T ED ici ruu2 v33pg IWC CLIVER BL1LD(NG PtTTSBLRCH. PA i1222 HERBERT H. BROWN ac2ns2m July 1, 1%6g.g

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BRANcn%'y-00CHETmG f-Harold R.

Denton Director U.S. Nuclear Regulatory Commission 7920 Norfolk Avenue Bethesda, Maryland 20814 Re:

Shoreham Nuclear Power Station; Docket No. 50-322-OL-3

Dear Mr. Denton:

This concerns the Long Island Lighting Company's letter. to-you dated June 20, 1986.

Therein, LILCO states that the recent decision of the Nassau County Board of Supervisors that prohibits the use of any of Nassau County's facilities, including the Coliseum, is either of no consequence, or of uncertain consequence to LILCO's pending application for a license to operate the Shoreham Nuclear Power Plant.

LILCO's claim is that despite the decision of the Board of Supervisors, ".

the i

authority to make use of the Coliseum and other Nassau County l

facilities in an emergency rests with the County Executive; and l

the County Executive has said that in the event of an accident at l

Shoreham he would in fact make use of whatever resources were available to him, including the Coliseum."

LILCO misstates both the law and the effect of the Board of Supervisors' decision.

First, NUREG-0654 specifies the need for an " agreement" between LILCO and a relocation center.

E.g.,

NUREG-0654, l

5 II.A.3.

The Staff's witnesses during the Shoreham hearings emphasized the need for such an agreement.

See Direct Testimony of Thomas E.

Baldwin, Joseph H.

Keller, Roger B.

Kowieski, and l

Philip H. McIntire Concerning Phase II Emergency Planning, April 17, 1984, p. 20; Tr. 14,201, 14,221-22, 14,269, 14,270.

Previously, LILCO identifed the Nassau Coliseum and offered a purported agreement with the lessee of the Coliseum to meet this requirement of NUREG-0654.

However, the Nassau County Board of 8607090215 860701 ADOCK 05000322 PDR

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KIRKPATRICK & LOCKHART Harold R. Denton July 1, 1986 Page 2 Supervisors declarad this purported agreement "a nullity, contrary to law, and void."

Therefore, LILCO does not comply with NUREG-0654.

Second, LILCO implies that it has the assurance of the Nassau County Executive that the Coliseum would be used in an such assurance could not emergency.

Even if that were so, Nevertheless, there is in substitute for the required agreement.

as shown by the statement of Nassau fact no such assurance, County Executive Purcell's spokeswoman, who is quoted in Newsday, June 28, as saying, ".

Purcell has never officially made such a statement to the utility."

(Copy of Newsday article attached.)

In view of the foregoing, LILCO clearly does not comply with LILCO's the relocation center requirement of NUREG-0654.

should Revision 7 of its plan, which relies upon the Coliseum, therefore be rejected by the Staff.

Very truly yours,

\\

Herbert H.

Brown

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Enclosure cc:

Service List l

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Coliseum Stay,s in LILCO Plan By John Mcdonald Y' '

doet Lynne Abraham said utility

'an based the assertion in In its latest revielen of the emer-the letter on.Wl's statements to game plan ser the Shore. the press.

nuclear plant, the Imag Island Co. continues to doo-Ians Beach Sup'ervisor Bruce ignate Nassau Colleeum seits m*

N said LILCOs proposed une location osater for evacuees -

the Colleeum la "abourd, and it rvisors' vote flies in the fben of clear legislative Id its a Nassau supthebuil ibt enehuse aedon taken h b M af W p

visors." He was joined la that artti.

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,y caena by Glen Cove Mayor Vineent N

Y,a aAerthe SM Heenpassed Superviser the Nassau supervisore. The utility h Gulotta said though a Atold the NIlc in en mannepaaving

- that the board's meste-Wletter that Nasamu Co Eaecutive M " speaks for itself,

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$ Francis Pureell has N that in a a real emergency be would"make use LILCO ebassed several aspests of of whatever ressuroes were available its plan la to a Federal w to him,inal the Colleeum."

Emergency meat Agency Purcell's man, Eliine evaluation of a t held Feb.18, a

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d King, said, however, that Pureell has drill la which Suiblk County and never of5cially made such a state-New York State oScials reiheed to ment to the utility. LILCO vies preet-participata.

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