ML20031B364
| ML20031B364 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 09/24/1981 |
| From: | Latham S TWOMEY, LATHAM & SHEA |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20031B363 | List: |
| References | |
| NUDOCS 8110010280 | |
| Download: ML20031B364 (2) | |
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'D* 4CY, NATHAM & SCHMIT' l.$
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N Harold R. Denton 9
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Director of Nuclear Reactor Regulation
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Washington, D.C.
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Re:
NEPA Review of LILCO's Apolication
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For An Extension To The Shoreham Construction Permit 2
Dear Mr. Denton On November 26, 1980 the Long Island Lighting Company ("LILCO") requested that the Nuclear Regulator'y Commission ("NRC") grant an extension to the latest I
completion date in its permit for the constuction of the Shoreham Nuclear Power Station, Unit S
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.The decision by the NRC on.LILCO's application is h:-
-subject to the requirements of the National 1
' Environmental Policy Act, -42 U.S.C. Section 4321 et. seq.
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.,,&("NEPA"),. which. supplements -the NRC's of her statutory
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' ' obligations.*
Pursuat,? to the regulations of the t
Council on Environmental Quality governing the i
procedural implementation of NEPA, aqencies must i
l implement the NEPA review process an early as possible l
in the course of decisionmaking.
Hearings on LILCO's application for an extension to the construction permit ("CP") are about to b? gin, yet
'The NRC conducted a NEPA review in connection with LILCO's prior request for an extencion of the Shoreham CP, dated December 18, 1978.
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no NEPA document has been circulated in connection with this action.
SOC urges you to fulfill your responsibilities under 10 CFR Section 51.50 without u
further delay.*
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Scope of the NEPA Review 4
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Without an extension to the CP, LILCO will forfeit
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all rights under the permit to complete construction of N@
t the reactor.
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SOC believes that an extension of the Shoreham CP 3'
would constitute a major federal action necessitating
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the compliance with NEPA's requirement fcr the
'3 preparation of an environmental impact statement ("EIS")
J which fully considers all factors including relevant y,
new developments'and information.
See 40 CFR Section
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1502.9(c).
The Council on Environmental Quality ("CEQ")
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has previously interpreted NEPA to recuire an EIS for
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such 'an NRC decision.
Copies of the opinion of CEQ's S.
General Council and letter to the Attorney General of J
the State of Illinois, dated August 12, 1980, are 1
attached.- At a minimum, SOC believes that the EIS
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supplement must address such issues as the safety and
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environmental impacts.of Class 9 accidents; the impact:
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'of releases to the liquid pathway; reevaluation of the A
suitability of the Shoreham site; and alternatives to N
the proposed action, among others.
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Many months have already been lost since last k
November, when LILCO applied for the CP extension.
Y Further delay in implementing NEPA for this action will 3
in turn delay the other proceedings on LILCO's extension application and could affect as well commencement of if proceedings on LILCO's application for'an operating
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license.
2 SOC will take whatever steps are necessary to
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.D l'nsure 'eaningful and timely compliance with NEPA's M
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p'rocedural requirements.
However, the Coalition wishes to avoid initiating unnecessary action, if possible.
We
"would, therefore, appreciate a response from you within
- two weeks indicating what plans and schedule, if any, you have for implementing NEPA in connection with the CP extension application.
Sincerely, Stephen B.
Latham 5L:jo
- SOC raised the NEPA compliance issue in connection with LILCO's application for a CP extension in its petition, dated January 23, 1981.
However, the matter has.never been addressed by your
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