ML19340D422
| ML19340D422 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 12/24/1980 |
| From: | Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8012300556 | |
| Download: ML19340D422 (5) | |
Text
o 12/24/80 t
S UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322
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(Shoreham Nuclear Power Station,
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Unit 1)
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j NRC STAFF'S POSITION REGARDING CONSIDERATION OF " CLASS 9" ACCIDENTS INTRODUCTION 1
Subpart (d) of Intervenor Suffolk Opponents Coalition (SOC) Contention 20 filed in this operating license proceeding asserts that the Shoreham FES is inadequate because of a "[f]ailure to assess the consequences of a Class 9 accident" (SOC Petition to Intervene dated January 24,1980). This contention was dismissed by the Board "without prejudice to renewal of an adequately particularized contention regarding ' Class 9' accidents, in the event Staff elects to advise the Commission that ' Class 9' accidents should be considered in this proceeding."
(" Order Ruling on Petition of [ SOC]," March 5,1980, l
at page 23). This pleading responds to the Board's request that the Staff infom it and the parties regarding Staff's position on the consideration of " Class 9" i
accidents in this proceeding.
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$ DISCUSSION As the Board and parties know, on June 13, 1980, the Commission caused to be published in the Federal Register a Statement of Interim Policy on Nuclear Power Plant Accident Considerations under the National Environmental Policy Act of 1969. 45 Fed. Reg. 40101. The Commission, in its " Class 9" Policy Statement, withdrew the proposed Annex to Appendix D to 10 C.F.R. Part 50, suspended the rulemaking proceeding that began with the publication of the proposed Annex on December 1,1971, and directed that the Staff
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- initiate treatments of accident considerations in accordance with [ guidance in the Policy Statement]
in its on-going NEPA reviews, i.e., for any proceeding at a licensing stage where a Final Environmental Impact Statement has not yet been issued.
(Emphasis Added)
(45 Fed. Reg. 40101, at 40103).
The Commission also went on to state that
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- this change in policy is not to be construed as any lack of confidence in conclusions regarding the environmental risks of accidents expressed in any previously issued Statements, nor, absent a showing of similar special circumstances, as a basis for opening, reopening, or expanding any previous or ongoing proceeding. 5/
S ommissioners Gilinsky and Bradford disagree Cwith the inclusion of the preceding two sentences. They feel that they are absolutely inconsistent with an even-handed reappraisal of the former, erroneous position on Class 9 accidents.
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( The FES considering the Shoreham Operating License was issued in October 1977.
Thus, Shoreham is not in the class of cases which are required to consider
" Class 9" accidents. The Staff is of the view that the above-noted provisions of the Commission's " Class 9" Policy Statement are disne'.tive of the question whether " Class 9" accidents need be considered in this proceeding. Accordingly.
in the absence of a petition showing that special circumstances exist granted by the Board, pursuant to 10 C.F.R. 52.758(b), " Class 9" accidents should not be considered in this proceeding.
CONCLUSION In view of the Corcmission's issuance of an Interim Policy on " Class 9" accidents, and in the absence of a grant by the Board of a petition, filed pursuant to 10 C.F.R. 62.758(b), showing special circumstances, the Staff does not intend to consider " Class 9" accidents in this proceeding.
Respectfully submitted, VA's!
W Bernard M. Bordenick Counsel for NRC Staff Dated at Bethesda, Maryland, this 24th day of December,1980.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322
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4.
(Shoreham Nuclear Power Station,
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Unit 1)
)
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CERTIFICATE OF SERVICE I hereby' certify that copies of "NRC STAFF'S POSITION REGARDING CONSIDERATION OF
' CLASS 9 ACCIDENTS" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first clas's, or as indicated by an asterisk by deposit in the Nuclear Regulatory Commission internal mail system, this 24th day of December,1980:
P
- Elizabeth S. Bowers, Esq.
Ralph Shapiro, Esq.
Atomic Safety and Licensing Board Panel Cammer and Shapiro U.S. Nuclear Regulatory Commission No. 9 East 40tn Street Washington, D. C.
20555 New York, New York 10016
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- Dr. Oscar H. Paris, Member Howard L. Blau, Esq.
Atomic Safety and Licensing Board 217 Newbridge Road J
U.S. Nuclear Regulatory Commission Hicksville, New York 11801
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Washington, D. C.
20555 W. Taylor Reveley, III, Esq.
- Mr. Frederick J. Shon, Member Hunton & Williams Atomic Safety and Licensing Board P. O. Box 1535 U.S. Nuclear Regulatory Commission Richmond, Virginia 23212 Washington, D. C.
20555 Jeffrey Cohen. Esq.
Edward M. Barrett, Esq.
Deputy Commissioner and Counsel General Counsel New York State Energy Office Long Island Lighting Company Agency Building 2 3,
250 Old County Road Empire State Plaza
Irving Like, Esq.
Long Island Lighting Company Reilly, Like and Schneider 250 Old County Road 200 West Main Street l!:
Mineola, New York 11501 Babylon, New York 11702 l
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Atomic Safety and Licensing Board Mr. J. P. Novarro, Project Manager U.S. Nuclear Regulatory Commission Shoreham Nuclear Power Station Washington, D. C.
20555 P. O. Box 618, North Country Road Wading River, New York 11792 Atomic Safety and Licensing Appeal Board Energy Research Group, Inc.
U.S. Nuclear Regulatory Commission 400-1 Totten Pond Road Washington, D. C.
20555 Waltham, Massachusetts 02154 i.-
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Docketing and Service Section Hon. Peter Cohalan Office of the Secretary Suffolk County Executive U.S. Nuclear Regulatory Comission County Executive / Legislative Bldg.
Washington, D. C.
20555 Veteran's Memorial Highway Hauppauge, New York 11788 Stephen B. Latham, Esq.
Twomey, Latham & Schmitt David H. Gilm,artin, Esq.
1-Attorneys at Law Suffolk County Attorney P.O. Box 398 County Executive / Legislative Bldg.
33 West Second Street Veteran's Memorial Highway Riverhead, New York 11901 Hauppauge, New York 11783
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MHB Technical Associates 2?
1723 Hamilton Avenue Suite K I
San Jose, California 9512S f.
Joel Blau, Esq.
New York Public Service Commission The Governor Nelson A. Rockefeller
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Emp te Plaza j
g Albany, New York 12223 Bernard M. Bordenick Counsel for NRC Staff Ezra I. Bialik, Esq.
Assistant Attorney General Environmental Protection Bureau I
New York State Department of Law I
2 World Trade Center New York, New York 10047 l
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