ML20059B223

Ack Receipt of 931008 Petition Filed W/Edo,Requesting That Commission Take Immediate Action to Halt Ongoing Shipments of Fuel

ML20059B223
Person / Time
Site:	Limerick, Shoreham  File:Long Island Lighting Company icon.png
Issue date:	10/22/1993
From:	Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Devesa F NEW JERSEY, STATE OF
Shared Package
ML20059B225	List: ML20059B223 ML20059B238
References
CON-#493-14456 2.206, MISC-93-01, MISC-93-1, NUDOCS 9310280094
Download: ML20059B223 (3)

Text

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NUCLEAR REGULATORY COMMISSION WAsHlNGToN, D.C. 20555-0001 October 22, 1993

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Docket Nos:

50-352; 50-353; 50-322 (10 C.F.R. 2.206)

Frad DeVesa, Esq.

Acting Attorney General of New Jersey State of New Jersey Department of Law and Public Safety  ;

Division of Law Richard J. Hughes Justice Complex CN 093 Trenton, New Jersey 08625

Dear Mr. DeVesa:

This letter is to acknowledge receipt of your Petition filed October 8,1993, with the Executive Director for Operations and the Commission, on behalf of the New Jersey Department of Environmental Protection and Energy (NJDEPE).

You request that the Commission take immediate action to halt ongoing shipments of fuel from Long Island Power Authority's (LIPA's) Shoreham Nuclear Power Station to Philadelphia Electric Company's (PEco's) Limerick Generating Station pending consideration of the merits of the Petition. Specifically, you reauest that the Commission: (1) amend LIPA's license and approval of LIPA's decommissioning plan to specifically address the transfer and transport of LIPA's fuel to PEco; (2) perform an Environmental Assessment (EA) pursuant to 10 C.F.R. s 51.30, and determination based on the EA, pursuant to 10 C.F.R. s 51.31, regarding the proposed transfer and transport of the fuel by barge from LIPA to PEco which addresses the risks associated with the shipment of the fuel along and through New Jersey's coastal zone; (3) perform a Consideration of Alternatives in accordance with Section 102(2)(E) of the National Environmental Policy Act (NEPA) and 40 C.F.R. s 1509.9(b) which addresses alternative means of transporting fuel from LIPA to PECo; and (4) immediately stay PEC0's June 23, 1993, license amendments, Certificate of Compliance regarding IF-300 issued to Pacific Nuclear Systems, and LIPA's license and general license to transfer the fuel pursuant to 10 C.F.R. 5 71.12 pending completion of the above actions and compliance with the consistency process under the Coastal Zone Management Act (CZMA).

As a basis for your request, you assert that the Nuclear Regulatory Commission has violated NEPA, the CZMA, and the Atomic Energy Act by allowing the transfer and transport of LIPA's fuel to proceed absent any consideration of the potential effects on New Jersey's coastal zone, any case specific environmental impact analysis, or any consideration of alternatives to the means of transport. Specifically, you assert that: (1) the NRC failed to consider alternatives under NEPA for the proposed action; (2) the NRC fai. led to perform an EA for the transfer and barge transport of LIPA's fuel: (3) the NRC's EA for PEco's license amendments was inadequate; (4) the NRC violated ,

NEPA by segmenting the approval of the transfer and transport by barge; (5) the'NRC failed to require LIPA to obtain necessary approvals; and (6) the NRC violated the CZMA by failing to require necessary consistency reviews.

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Fred DeVesa, Esq. October 22, 1993 By Order dated October 14, 1993, the Commission has directly requested answers by the State, PEco, LIPA and the NRC staff to questions regarding your alternative request to be granted late intervention and a hearing on PECo's license amendment allowing it to receive and possess Shoreham's fuel, and asserting that the Commission erred in not offering intervention and a hearing on LIPA's transfer and transportation of Shoreham fuel. The remainder of your Petition has been referred to me pursuant to 10 CFR s 2.206 of the Commission's regulations.

Your request that the Commission take immediate action to halt ongoing shipments of fuel from Shoreham Nuclear Power Station to PEco's Limerick Power Station is denied. You have made no showing that there is any reason to believe that the shipments pose an immediate or substantial danger to public health and safety. The Commission has concluded on several occasions that its regulations for certifying shipping packages for radioactive material (10 CFR Part 71) are adequate to protect the public against unreasonable risk in the transport of these materials. The shipping package used to transport the Shoreham fuel, the IF-300, has been properly certified as meeting the Commission's standards. In addition, it should be noted that the IF-300 shipping package was certified for highly irradiated spent fuel up to 35,000 megawatt days per metric ton (MWD /MTU); the Shoreham fuel by comparison has a low degree of irradiation of 87 MWD /MTV (less than 1% of the value for which the package is certified).

As provided by Section 2.206, action will be taken on your petition within a reasonable time. I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication.

Sincegly, y y f _ /~ ~

R ert M. Bernero, Director Office of Nuclear Material Safety and Safeguards

Enclosure:

As stated cc: Philadelphia Electric Company Long Island Power Authority

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. Fred DeVesa, Esq. October 2201 993 By Order dated October 14, 1993, the Commission has directly requested answers by the State,.PECo, LIPA and the NRC staff to questions regarding your alternative request to be granted late intervention and a hearing on PEco's license amendment allowing it to receive and possess Shoreham's fuel, and-asserting that the Commission erred in not offering intervention and a hearing on LIPA's transfer and transportation of Shoreham fuel. The remainder of your Petition has been referred to me pursuant to 10 CFR S 2.206 of the Commission's regulations.

Your request that the Commission take immediate action to halt ongoing shipments of fuel from Shoreham Nuclear Power Station to PEco's Limerick Power Station is denied. You have made no showing that there is any reason to believe that the shipments pose an immediate or substantial ~ danger to public health and safety. The Commission has concluded on several occasions that its regulations for certifying shipping packages for radioactive material (10 CFR Part 71) are adequate to protect the public against unreasonable risk in the transport of these materials. The shipping package used to transport the Shoreham fuel, the IF-300, has been properly certified as meeting the Commission's standards. In addition, it should be noted that the 7"-300

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shipping package was certified for highly irradiated spent fuel up to 35,000 megawatt days per metric ton (MWD /MTU); the Shoreham fuel by comparison has a low degree of irradiation of 87 MWD /MTU (less than 1% of the value for which l the package is certified).

As provided by Section 2.206, action will be taken on your petition within a reasonable time. I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication.

Sincerely, ORIGINAL SIGNED BY Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards l

Enclosure:

As stated cc: Philadelphia Electric Company Long Island Power Authority

3 oSee_orevious concurrence.

OFC STSB !E STSB E STSB C OGC E IMNS/ /

IUNS A l NAME *EEaston/lg *FBrown *CHaughney *SHLewis EErkch CMriello DATE 10/22/93 10/22/93 10/22/93 10/22/93 10//'/93 10f#/93 0FC NMSS / NMSS /k NAME GArMo RBe b DATE I / /93 10/21./93 C = COVER /E = COVER & ENCLOSURE /N = NO COPY OFFICIAL RECORD COPY = A:\MDSEY I

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