IR 05000354/1991080

Discusses Insp Rept 50-354/91-80 on 910715-19 & Forwards Synopsis of NRC Rept of Investigation Case 1-91-012

ML20059B350
Person / Time
Site:	Hope Creek
Issue date:	10/20/1993
From:	Chris Miller NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Miltenberger S Public Service Enterprise Group
References
EA-91-110, NUDOCS 9310280152
Download: ML20059B350 (4)

Text

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LATRENCE COE LANPHER (202) 776-9011 October 20, 1993 ,

VIA FACSIMILE Mr. James Executive Director for Operations ,

United States Nuclear Regulatory Commission 11555 Rockville Pike, 17th Floor Rockville, Maryland 20852 Re: 10 C.F.R. S 2.206 Petition Filed by the State of New Jersey Pertaining to Fuel Shipments by l the Lona Island Power Authority ,

Dear Mr. Taylor:

On behalf of the Long Island Power Authority ("LIPA"), we are writing regarding the State of New Jersey's October 8, 1993, request that-you and the Commission halt shipments of slightly irradiated fuel from the Shoreham Nuclear Power Station to the Limerick Generating Station. On October 14, 1993, the Commission issued an Order indicating that the Director of the cognizant NRC office would be considering the New Jersey filing insofar as it constitutes a request for action pursuant to 10 C.F.R. S 2.206.

We understand in that regard that the cognizant NRC office to which LIPA's response should be referred is the Office of Nuclear Materials Safety and Safeguards. LIPA respectfully requests that '

the NRC Staff reject the New Jersey request for immediate  !

action.1/

1/ LIPA is filing separately with the Commission a Response to the Commission's Order of October 14, 1993. As appropriate, LIPA will make a further filing in the future pertaining to 10 C.F.R.

S 2.206 to address the New Jersey filing insofar as it does not seek immediate action.

DC-115458.1 9310280152 931020 PDR G

ADDCK 05000354 PDR f6 3

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a ny KIRKPATRICK & LOCKHART Mr. James United States Nuclear Regulatory Commission  ;

October 20, 1993

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On at least three prior occasions, requests have been filed with the NRC Staff, one of which was submitted under 10 C.F.R. S 2.206, requesting additional regulatory approvals or hearings for shipments of spent fuel or similar materials, and seeking to halt these shipments pending further NRC evaluations. Shioments of

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Spent Nuclear Fuel, DD-84-24, 20 N.R.C. 1557 (1984); Commonwealth Edison Co. (Shipment of Irradiated Fuel from West Valley, N.Y.),

DD-83-14, 18 N.R.C. 726 (1983); Shloments of Hich-Level Nuclear Power Plant Waste Throuch and To Illinois, DD-83-12, 18 N.R.C.

713 (1983). In all three instances, the NRC Staff declined to require additional approvals or to halt, or even delay, the ,

shipments. The Staff's reasoning on each occasion was that the NRC's regulations under 10 C.F.R. Parts 71 and 73 impose procedural, administrative and technical requirements designed to protect the public health and safety. E.g., 20 N.R.C. at 1558; 18 N.R.C. at 716. In one case, the Director of the Office of Nuclear Material Safety and Standards explained that over the years the NRC has reexamined the ability of these regulations to protect against unreasonable risk from the transport of licensed materials and concluded:

[B]ased upon the analysis developed in the rulemaking proceeding, the public comments received, the safety record of transportation of licensed materials and other information, that present regulations were adequate to protect the public against unreasonable risk from the transport of radioactive materials.

18 N.R.C. at 716.

Because the NRC Staff previously has concluded that the NRC's existing regulations are sufficient to protect the public health and safety, and because New Jersey has provided no evidence suggesting that these regulations will not be satisfied in this case, LIPA requests that the Staff deny New Jersey's request for immediate relief. As prior NRC decisions indicate, immediate relief should be granted only when there has been a showing that substantial health and safety issues have been raised. Philadelchia Elec. Co. (Limerick Generating Station, Unit 1), DD-86-6, 23 N.R.C. 571, 572-73 (1986) (and cases cited therein).

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, i KIRKPATRICK & LOCKHART Mr. James United States Nuclear Regulatory Commission October 20, 1993 Page 3 New Jersey has failed to identify any substantial health and safety issues associated with LIPA's barge shipment of the Shoreham fuel. Indeed, New Jersey has failed to identify a single alleged defect in the casks that will be used to transport the fuel, or in the Operations Plan pursuant to which LIPA is shipping the fuel. In such circumstances, New Jersey's request for immediate relief is plainly inadequate.

Respectfully, KIRKPATRICK & LOCKHART GMZdd W &

By: { Lawrence Coe LaPfpher Attorney for the Long Island Power Authority OF COUNSEL:

Richard P. Bonnifield, Esq.

General Counsel Long Island Power Authority 200 Garden City Plaza Garden City, New York 11530 cc: Attached Service List P

SENT_BY:KIRPATRICK & LOCKHART ;10-20-S3 ; 3:16PM ; 2027789200* 301 504 1672 ;# 5

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, P l. Es a' .nc CERTIFICATE OF SERVICE

'93 DCI 20 P3 :49 I, Linda L. Raclin, hereby certify that on this 20th day of. .

October, 1993, I served on the following parties, in thecmannar4 w i: i specified, a copy of a letter to James N. Taylor, Executive 1 -

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Director of Operations at the United State Nuclear Regulatory Commission dated October 20, 1993:

Fred Devesa, Esq. Winston & Strawn Acting Attorney General Robert Radar, Esq.

of New Jersey Mark J. Wetterhahn Thomas J. Kowalczyk 1400 L Street, NW Deputy Attorney General Washington, DC 20005-3502 Jack Van Dalen (202) 371-5950 Carol Grulacki (Courier)

R. J. Hughes Justice Complex CN 093 Trenton, New Jersey 08625 (609) 948-9315 (Facsimile /FEDEX)

Katherine W. Hazard, Esq. Marjorie Nordlinger, Esq.

Attorney, Appellate section U.S. Nuclear Regulatory Department of Justice Commission P. O. Box 23795 11555 Rockville Pike  !

(L' Enfant Station) Rockville, MD 20952 Washington, DC 20026 (301) 504-1616 i (Courier) (Facsimile /FEDEX)  !

Susan S. Chidakel, Esq. Samuel J. Chilk U.S. Nuclear Regulatory Secretary of the commission Commission U.S. Nuclear Regulatory 11555 Rockville Pike Commission Rockville, MD 20852 Washington, DC 20555 (301) 504-3725 (First Class Mail) 1 (Facsimile /FEDEX) l N

' Linda L. Raclin

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