ML20012C924
| ML20012C924 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/16/1990 |
| From: | Varga S Office of Nuclear Reactor Regulation |
| To: | Steiger W LONG ISLAND LIGHTING CO. |
| References | |
| NUDOCS 9003260124 | |
| Download: ML20012C924 (5) | |
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NUCLEAR REGULATORY COMMISSION j
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March 16, 1990 j
l Docket No. 50-322 Mr. William E. Steiger, Jr.
Assistant Vice President-Nuclear Operations Long Island Lighting Co.
Shoreham Nuclear Power Station P.O. Box 618, North Country Road i
Wading River, NY 11792
Dear Mr. Steiger:
SUBJECT:
EHFORCEMENT DISCRETION REGARDING 10 CFR W.5(io) MD 10 CFR 50.50 l
APPENDIX J SECTIONS III.D.1 THROUGH III.D.3 l
RE:
SHOREHAM NUCLEAR POWER STATION, UNIT 1 I'
In its letter of December 8, 1989, the Lorg Island Lighting Company (LILCO)
I requested an exemption from the primary cont'innent lerek rate testirig require-l ments of.10 CFR 50.54(o) and Appendix J Sections III.D.1 through III.D.3. This l
ree.uest was made pursuant to 10 CFR 50.12 based on the Shoreham facility's defueled conditien. Sections III.D.1 through III.D.3 of 10 CFR Part 50 require, I-in port, the periodic leak rate testing of tl.e primary containment and the isolation barriers associated with certain containment penetrations.
L Considering the Shoreham facility's current defueled status, the NRC is granting enforcement discretion by temporarily waiving the requirement that LILCO comply with the requirements of 10 CFR 50.54(o) and Appendix J Section III.D.1 through III.D.3 until the NRC staff has made a finding on the December 8, 1989 request for exemption. This enforcement discretion is granted on the following' basis:
1.
Shoreham is defueled with all fuel located in the spent fuel pool, l-which is located outside of the primary containment.
2.
LILCO intends to refrain from operating the Shoreham plant.
L 3.
Design basis accidents for a nuclear facility in a defueled condition are all associated with loss of water inventory in the fuel pool or with fuel handling.
Therefore, there is no accident scenario which would rely on the containment's leak tight integrity to protect the public health and safety.
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<f The NRC staff has comenced the administrative process to approve the requested exemption.
In the interim, this letter grants an imediate waiver to LILCO from the reovirements of 10 CFR 50.54(o) and Part 50 Appendix J. Sections 111.D.1 through III.D.3 as they relate to Shoreham, since such testing would serve no useful purpose at this time. This waiver of compliance will remain in effect until the NRC has responded to the associated request for exemption or until fuel is transferred back into the reactor.
Sincerely, Oh
, hi teven r
Division of Reactor Pro $etts I/II Office of Nuclear Reactor P.egulation ec:
See next page O
l
Mr.. William E. Steiger, Jr.
Shoreham Nuclear Power Station
~ Long Island Lighting Company cc:
Victor A. Staffieri. Esq.
MHB Technical Associates General Counsel 1723 Hamilton Avenue Long Island Lighting Company Suite K 175 East Old County Road San Jose, California 95125 Hicksville, New York 11801 Richard M. Kessel W. Taylor Reveley, Ill, Esq.
Chairman & Executive Director Hunton & Williams New York State Consumer Protection Post Office Box 1535 Board 707 East Main Street Room 1725 Richmond, Virginia 23212 250 Broadway New York, New York 10007 Mr. Lawrence Britt Shoreham Nuclear Power Station Jonathan D. Feinberg, Esq.
Post Office Box 618 New York State Department Wading River, New York 11792 of Public Service Three Empire State Plaza Mr. Jack Notaro Albany, New York 12223 Plant Manager Shoreham Nuclear Power Station Fabian G, Palomino Esq.
Post Office Box 628 Special Counsel to the Governor Wading River, New York 11792 Executive Chamber - State Capitol Albany, NY 12224 Resident inspector Shoreham NPS Martin Bradley Ashare, Esq.
U.S. Nuclear Regulatory Commission Suffolk County Attorney f
Post Office Box B H. Lee Dennison Building Rocky Point, New York 11778 Veteran's Memorial Highway Hauppauge NY 11788 Regional Administrator, Region I U.S. Nuclear Reguitiory Commission Rnbert Abrams, Esq.
l 475 Allendale Roet Attorney General of the State King of Prussia. Jennsylvania 19406 of New York ATTN: John Corwin, Esq.
l Ms. Donna Ross New York State Department of Law New York State Energy Office Consumer Protection Bureau Agency Building 2 120 Broadway Empire State Plaza 3rd Floor Albany, New York 12223 New York, NY 10271 v
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Lqng Island Lighting Company Shoreham i
cc:
James P. McGranery, Jr., Esq.
Leonard Bickwit, Jr., Esq.
Dow, Lohnes and Alberson Miller & Chevalier, Chartered Suite 500 Metropolitan Square i
1255 23rd Street, N.W.
655 Fifteenth Street, N.W.
Washington, D.C.
20037 Suite 900 Washington, D.C.
20005-5701 Dr. A. David Rossin Resources Conservation Organization Suite 320 101 First Street Los Altos, CA 94022 David J. McGoff Associate Deputy Assistant Secretary for Reactor Deployment U.S. Department of Energy j
Washington, D.C.
20545
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Lo,ng Island Lighting Company Shoreham cc:
James P. McGranery, Jr., Esq.
Leonard Bickwit, Jr., Esq.
Dow, Lohnes and Alberson Miller & Chevalier, Chartered Suite 500 Metropolitan Square 1255 23rd Street, N.W.
655 Fifteenth Street, N.W.
Washington, D.C.
20037 Suite 900 Washington, D.C.
20005-5701 Dr. A. David Rossin Resources Conservation Organization Suite 320 101 First Street Los Altos, CA 94022 David J. McGoff Associate Deputy Assistant Secretary for Reactor Deployment U.S. Department of Energy Washington, D.C.
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The NRC staff has connenced the administrative process to approve the requested exemption.
In the interim, this letter grants an immediate waiver to LILCO from the requirements of 1.0 CFR 50.54(o) and Part 50 Appendix 0. Sections III.D.1 through Ill.D.3 as they relate to Shorcham, since such testing would serve no useful aurpose at this time. This waiver of compliance will remain in effect until tle NRC has responded to the associated request for exemption or until fuel is transferred back into the reactor.
Sincerely.
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,a Steven A. Varga, Director Division of Reactor Projects 1/11
,_ n Office of Nuclear Reactor P,egulation
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