ML20059B129

Affidavit of Jh Freeman.* Discusses Transfer of Slightly Used Nuclear Fuel from Shoreham Nuclear Power Station to Limerick Generating Station.W/Certificate of Svc & Notice of Appearance

ML20059B129
Person / Time
Site:	Limerick, Shoreham  File:Long Island Lighting Company icon.png
Issue date:	09/14/1993
From:	Freeman J LONG ISLAND LIGHTING CO.
To:
Shared Package
ML20059B114	List: ML20059B111 ML20059B129
References
MISC-93-01, MISC-93-1, NUDOCS 9310280043
Download: ML20059B129 (5)

Text

AFFIDAVIT OF 7AN H, 79EEMAN t

JAN H. FREEMAN, being duly sworn, does state under cann as follows:

1.

I am Director of Public Policy for the Philadelphia i Electric Company ("PECo"), and have neld this position since September, 1991.

I am responsible for the planning and briefing of federal, state and local elected and appointed government officiale on issues of importance to PECo.

2. In March of this year, PECo, the Long Island Power Authority ("LIPA") and the General Electric company ("GE")

entered into an agreement for the transfer of slightly used nuclear fuel from the Shoreham Nuclear Power Station on Long Island, New York to PECo's Limerick Generating Station located in i Montgemory County, Pennsylvania.

3. As part of PECo's decision making process regarding the shipment and receipt of the nuclear fuel, it was decided in May of 1993 that PECo should contact the appropriate state government of ficials in New Jersey and Delaware in order to apprise them of the possibility of a decision being made to select the barge / rail option. Similar contacts had been made with government officials in Pennsylvania.

4. Pursuant to PECo's decision to centact government officials in New Jersey and Delaware, in either late May or early June, I placed a call to Scott Weiner, who at that time was Commissioner for the New Jersey Department of Environmental 1

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Prctection and Enercy (DEPE), to inform him of the carge/ rail option and to ask that he arrange a meeting with appropriate New Jersey officials in order for LIPA and PECo to brief them on the possibility that the barge / rail option (an option that would take the nuclear fuel from Long Island off the coast of New Jersey and up the Delaware Bay and River) might be selected to transport the nuclear fuel. I knew Mr. Weiner personally from my previous position as Executive Director of the Pennsylvania Energy Office.

5. My conversation with Scott Weiner included a discussion of the barge / rail option. Mr. Weiner expressed concern over the possible route and timing of the shipments. We agreed to arrange a meeting so that we could brief his office on the particulars associated with the barge / rail option. The meeting was set up through DEPE Assistant Secretary Lance Miller's office. The original meeting date of June 14th was rescheduled for June 22nd at my request to accommodate a scheduling conflict.

6. The June 22nd meeting in Trenton, New Jersey was attended by representatives of LIPA, PECo and DEPE. In addition, and at DEPE's request, representatives of the U.S. Coast Guard were also present. The presence of the U.S. Coast Guard was an indication to me that DEPE had done their " homework" and realized that the coast Guard had a role to play in the barge / rail option.

7. The June 22nd meeting (see attached list of attendees) went extremely well. After a formal presentation by PECo and LIPA personnel and the showing of a video on the integrity of the nuclear fuel transportation casks, there was a discussion on how 2

the Coast Guard was treating the snipment. A Coast Guard representative responded they are treating it like any other freignt snipment.

The CEPE staff acknowledged that New Jersey had no role to play and no need to approve the shipment. The OEPE went so far as to say "we hope you have good weather as you begin the procOSS."

8. Prior to the June 22nd meeting in Trenton, a similar meeting was conducted on June 4th in Delaware City, Delaware with state emergency planning officials, representatives from the Division of Public Health, the State Police and other state g ge s..

agencies. Also in attendance was a representative from the New ,

Jersey State Police, Sgt. Jim DeHart. (See attached attendance list.) The Delaware state officials were satisfied with the explanation of all omergency planning and security related ,

activities.

9. On July the 8th, I participated in a telephone call with Rick Sinding, DEPE Assistant Commissioner for Policy and AMGtV-Planning. Gerald Nicholls, a member of the DEPE staff, also participated in the phone call. Rick Sinding indicated that Scott Weiner had asked him to call and express DEPE's concern over a possible decision to ship the fuel by barge of f the coast of New Jersey and up the Delaware Bay and River. Mr. Sinding indicated that DEPE had "no lingering concerns over the substance of the shipment." They were concerned over the potential perception that might occur over the shipment, especially since they had already dealt with other environmental issues like the 3

drecging and disposal of dioxin sediment. Concern was also ,

expressed over the potential timing of these shipments, i.e. the potential impact in the commerce associated with the summer vacation season.

10. During the course of that July 8th conversation, the issue of the possible application of the Coastal Zone Management Act (CZMA) came up. It was suggested that New Jersey was looking into the act for possible application. I alerted LIPA and PEco officials of my conversation and asked our legal department to take a look at the CZMA to determine the possible application of this statute. At the end of the July 8th call, it was suggested '

that Scott Weiner give me a call or possibly meet with me to address any New Jersey concerns. I was never contacted by Scott Weiner or anyone from DEPE to set up a meeting. In addition, I asked that Mr. Sinding call Rich Bonnifield at LIPA, the shipper of the fuel, in order to shara DEPE's concerns with LIPA. I understand after having spoken with Mr. Bonnifield that Mr.

Sinding spoke with him about a week later and made no reference to the CZMA.

11. The next time that I heard from the DEPE was when I was on vacation and received a massage from my office that Rick Sinding wanted to speak with me. When we spoke sometime during the latter part of August, Mr. Sinding said that he had returned from vacation and saw an articic in the Philadelphia Inquirer suggesting that LIPA and PEco we were going forward with the shipment. Mr. Sinding said he was asked by his superior, Jeanne i 4

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Fox, Acting DEPE Commissioner, to call :r.e and express their concern that LIPA and PECo were considering moving forward with the barge option. Once again, I explained the reasons why the barge shipment would not present any health of safety risk. Mr.

Sinding said that he could not disagree with what I said, but that DEPE had a concern ever public perception. The possible application of the CZMA was not raised during that conversation.

If anything, I felt that Mr. Sinding was sympathetic with our situation and would work internally to resolve any concerns still shared by his department.

12. I never heard sgain from Mr. Sinding or any other DEPE official regarding any concerns which thsy might have until I became aware of a September 8, 1993, letter sent by Jeanne For to the U.S. Guard, in which DEPE asserted that a CZMA consistency certification was required. >

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UNITED STATES OF AMERICA I I

NUCLEAR REGULATORY COMMISSION

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In the Matter of ) ~93 OCT 20 P4 :24 ]

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STATE OF NEW JERSEY ) Docket No.- Misc. 93 01 !;# -

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) '%r:~~v Department of Utw and Public )

Safety's Requests )

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i NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance I in the above-captioned matter. In accordance with 10 C.F.R. I 2.713(b), the following -!

information is provided:

Name -

Mark J. Wetterhahn Address -

Winston & Strawn  !

1400 L Street, N.W. i Washington, D.C. 20005-3502 l

Tc!cphone Number -

Area Code 202-371-5703 l l

Admissions - United States Supreme Court l United States Court of Appeals for the District of Columbia ]

Name of the Party -

Philadelphia Electnc Company 2301 Market Street Philadelphia, Pennsylvania 19101 Pursuant to 10 C.F.R. I 2.712(b), service of correspondence and pleadings on Philadelphia Electric Company should be addressed specifically to the undersigned.

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MarkNetterhahn Winston & Strawn -!

Counsel for Philadelphia Electric Company Dated at Washington, D.C. .l this 20th day of October,1993 j I

1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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STATE OF NEW JERSEY ) Docket No. Misc. 93-01

)

Department of Law and Public Safety's Requests )

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CERTTFICATE OF SERVICE served on the following copies of ' Philadelphia Elec Regula+.oty Commission's October 14, 1993 Wetterhahn both dated October 20,1993. Order," and " Notice of Appearance' for Mark J.

Thomas A. Borden, Esq.*

Deputy Attorney General Lawrence C. Lanpher, Esq.* '

State of New Jersey Kirkpartrick and Lockhart 1800 M Street, N.W, Department of Law and Public Safety Washington, D.C. 20036-5891 Richard J. Hughes Justice Complex Trenton, New Jersey 08625 Richard P. Bonnifleid, Esq. '

Ann Hodgdon, Esq.* General Cemel U.S. Nuclear Regulatory Commission Long Island Power Authority

• 200 Garden City Plaza Office of the General Counsel Suite 201 Washington, D.C. 20555 Garden City, New York 11530 Docketing ar.d Service Section" U.S. Nuclear Regulatory Commission Edward J. Cullen, Jr., Esq.

Washington, D.C. 20555 Philadelphia Electric Company 2301 Market Street Philadelphia, Pennsylvania 19101 ni Mars Jfette'rhahn By facsimile By messenger