ML20033E062

Urges Commission Not to Make Decision Re Full Power License for Facility W/O Personally Reviewing safety-related Allegations Raised in Recent Wks.Commission Orders Found Inconsistent W/Responsibilities Re Public Health & Safety

ML20033E062
Person / Time
Site:	Seabrook
Issue date:	02/09/1990
From:	Humphrey G SENATE
To:	Carr K NRC COMMISSION (OCM)
Shared Package
ML20011F714	List: ML20011F713 ML20033E062
References
CON-#190-9836 OL, NUDOCS 9003070282
Download: ML20033E062 (5)

Text

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February 9, 1990

'90 FEB 12 A10:27 0F5 CL N Si.CRfTtP t

00CKEliNG a SiiMI BRANCH The Honorable Kenneth M.

Carr Chairman U. S. Nuclear Regulatory Commission Washington, DC

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Dear Mr. Chairman:

According to the schedule which you announced at a i

public meeting on January 18, soon the full Commission will be making very important decisions regarding Seabrook Station which will affect my state.

As I have repeatedly tried to communicate to the Commission, I am not impressed with your interpretation of the basic concepts of due process and safety.

Commission orders which are premised on a standard of " efficiency and effectiveness" (November 16, 1989) are totally inconsistent with the NRC's responsibilities as an agency charged with ensuring "that the health and safety of the public will not be endangered." (10 CFR 50.40)

Nothing in recent weeks has served to change my mind.

For instance, a February 8 Boston Globe story regarding a manager recently suspended from Seabrook station because he failed an alcohol test reported the following reaction from an NRC official: "It (the suspension of a Seabrook official) does not give us any concern because of the many levels of review those programs have to go through up there and the independent inspections we have done." [ emphasis added)

The article goes on to quote you as saying that the suspended official " admitted he had been drinking until midnight the night before," and that he still had alcohol in his system when he went to work the next morning.

You are then quoted as saying: "We wouldn't want to impugn a guy's reputation because he had eight hours and couldn't sober up."

It is plainly obvious that this was a serious incident.

The utility took it seriously.

I take it seriously.

Anyone remotely interested with safety procedures at Seabrook should take it seriously.

For an official of the NRC to claim that it is of no concern is astonishing.

Respectfully, your own remarks hardly suggest an overwhelming preoccupation with safety.

It seems to me that if sompone reports for work at a facility regulated by the NRC and hq is not sober, whatever the circumstances, that should be eduse for considerable Concern.

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The Honorable Kenneth M. Carr February 9, 1990 i

Page Two At the January 18 meeting, the NRC staff recommended that the Commission issue a full power license for Seabrook.

Staff are an important resource.

However, it is you and the other Commissioners who must make critical safety decisions and who bear ultimate responsibility.

It is not enough to rely on staff recommendations.

l I urge you not to make any decision without personally reviewing the many safety related allegations which have been raised in recent weeks.

I urge you to examine in detail, as I have, the emergency evacuation planning issues.

I especially urge you to examine the four contentions on the New Hampshire Radiological Emergency Response Plan which were remanded by the Atomic Safety Licensing Appeal Board to the Atomic Safety Licensing Board.

You will recall that just two days after the contentions were remanded, the lower-level Licensing Board ruled that these important safety issues "do not preclude the immediate issuance of an operating license",

a procedural coup which has yet to be explained.

of course, shortly thereafter, the Commission vacated the Appeal Board from further involvement in the Seabrook proceedings.

All eyes are on you.

The licensing of Seabrook has become the golden ring for the beleaguered industry which the Commission seems so eager to promote.

I urge you, however, to remember that your most important charge is ensuring public health and safety.

This is the standard against which the Commission's integrity will be judged.

Sincerely, 1

Gor n J. Hu phrey, SS I

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6 UNITED STATES OF AMER!CA NUCLEAR RESULATORY COMMISSION In the Matter of I

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PUBLIC SERVICE COMPANY OF NEW l

Decket No.(s) 50-443/444-OL HAMPSHIRE, ET AL.

I (Seabrook Station, Units 1 and 2)

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CERTIFICATE OF SERVICE

! hereby certify that copies of the foregoing LTR HUMPHREY TO CARR DTD 2/9 have been served upon the following persons by U.S. sail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

i Administrative Judge Administrative Judge O. Paul Bollwerk, !!!

Thomas S. Moore, Chatraan Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Consission Washington, DC 20555 Washington, DC 20555 Administrative Judge Howard A. Wilber Administrative Law Judge Atomic Safety and Licensing Appeal Ivan W. Salth, Chairman Board Atomic Safety and Licensing Soard U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Consission Washington, DC 20555 Washington, DC 20555 Administrative Judge Administrative Judge Richard F. Cole Kenneth A. McCollen Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Wuclear Regulatory Commission U.S. Nuclear Regulatory Consission Washington, DC 20555 Washington, DC 20555 Administrative Judge Robert R. Pierce, Esquire James H. Carpenter Atomic Safety and Licensing Board Alternate Technical Member U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Wash (ngton, DC 20555 U.S. Nuclear Regulatory Consission Washington, DC 20555 Edwin J. Reis, Esq.

Mitzt A. Young Office of the General Counsel Attorney U.S. Nuclear Regulatory Consission Office of the General Counsel Washington, DC 20555 U.S. Nuclear Regulatory Consission Washington, DC 20555

1 Decket No.(sl50-443/444 OL LTH HUMPHREY TO CARR DTD 2/9

'i Diane Curran, Esc.

Thomas S. Dignan, Jr., Esc.

Harmon, Curran k Tousley Ropes k Gray 2001 S Street, N.W., Suite 430 One International Place

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Washington, DC 20009 Boston, MA 02110 l

i Robert A. Sackus, Esq.

Paul McEachern, Esq.

Backus, Meyer k Sclomon Shatnes k McEachern 116 Lowell Street 25 Maplewood Avenue, P.O. Box 360 Manchester, NH 03106 Portsacuth, NH 03001 i

Gary W. Holmes, Esq.

Judith H. Mitner Holmes & Ells Counsel for Newburyport 47 Winnacunnet Road 79 State Street i

Hampton, NH 03042 Newburyport, MA 01950 Suzanne P. Egan Jane Doherty City Solicitor Seacoast Anti-Pollution League Lagoulis, Hill-Wilton and Rotondi 5 Market Street 79 State Street Portsmouth, NH 03801 Newburyport, MA 01950 George Iverson, Director Ashed N. Astrian, Esq.

N. H. Office of Energency Management 145 South Main Street, P.O. Box 3B State House Office Park South Bradford, MA 01830 107 Pleasant Street Concord,, NH 03301 George W. Watson, Esq.

Jack Dolan Federal Emergancy Management Agency Federal Emergency Management Agency 500 C Street, S.W.

442 J.W. McCormack (PDCH)

Washington, DC 20472 Boston, MA 02109 George D. Bisbee, Esq.

Suzanne Bretseth Assistant Attorney General Board of Selectmen Office of the Attorney General Town of Hampton Falls 25 Capitol Street Drinkwater Road Concord, NH 03301 Hampton Falls, NH 03044

DocLet No. (s)50-443/444-OL LtR HUMPHREY TO CARR DTD 2/9 John Traficonte, Esc.

Peter J. Brann, Esq.

Chief, Nuclear Safety Unit Assistant Attorney General Office of the Attorney General Office of the Attorney General One Ashburton Place, 19th Floor State House Station, #6 Boston, MA 02100 Augusta, ME 04333 1

Allen Lampert Willian Armstrong Civil Defense Director Civil Defense Director Town of Brentwood foun of Exeter 20 Franklin Street 10 Front Street Easter, NH 03933 Ekster, NH 03033 Anne Goodman, Chairman Board of Selectmen Michael Santosuosso, Chairman 13-15 Newmarket Road Board of Selectmen Durham. NH 03824 South Hampton, NH 03927 R. Scott Hill-Whilton, Esquire Stanley W. Knowles, Chairman Lagoulin, Hill-Whilton & McGuire Board of Selectmen 79 State Street P.O. Bou 710 Newburyport,, MA 01950 North Hampton, NH 03862 Norman C. Katner Sandra F. Mitchell Superintendent of Schools Civil Defense Director School Administrative Unit No. 21 Town of Kensington Alumni Drive Box 10, RR)

Hampton, NH 03942 East Kingston, NH 03927 The Honorable Bordon J. Humphrey ATTN Janet Colt United States Senate Washington, DC 20510 Dated at Rockville, Md. this 12 day of February 1990

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Office of the Secretary of the Commission 1