ML20059B238
| ML20059B238 | |
| 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: | |
| Shared Package | |
| ML20059B225 | List: |
| References | |
| 2.206, MISC-93-01, MISC-93-1, NUDOCS 9310280101 | |
| Download: ML20059B238 (4) | |
Text
F.
,a
,o U.S. NUCLEAR REGULATORY COMMISSION Docket Nos. 50-352; 50-353; 50-322 PHILADELPHIA ELECTRIC COMPANY Limerick Generating Station, Units 1 and 2 (License Nos. NFP-39 AND NFP-85)
LONG ISLAND POWER AUTHORITY Shoreham Nuclear Power Station (License No. NFP-82)
RECEIPT OF PETITION FOR DIRECTOR'S DECISION UNDER 10 C.F.R. 6 2.206 Notice is hereby given that by Petition filed October 8, 1993, with the Executive Director for Operations and the Commission, the State of New Jersey Attorney General's Office, on behalf of New Jersey Department of Environmental Protection and Energy (NJDEPE) (Petitioner), has requested 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, NJDEPE requests 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. 9 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. 5 1509.9(b) which addresses alternative means of 9310280101 931022 PDR ADOCR 05000352 '
g Pr<R
)
. 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. 9 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 this request, the Petitioner asserts that the NRC 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 I
means of transport.
Specifically, the Petitioner asserts that:
(1) the NRC failed to consider alternatives under NEPA for the proposed action; (2) the NRC failed 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 falling to require necessary consistency reviews.
The Petitioner also included an 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 asserted that the Commission erred in not offering intervention and a hearing on LIPA's transfer and transportaticn of Shoreham's fuel.
That alternative request.is being considered directly by the Commission, pursuant to an Order, dated October 14, 1993.
A 1
_3_
The remainder of the request is being treated pursuant to 10 C.F.R.
f 2.206 of the Commission's regulations. That portion of the request has been referred to the Director of Nuclear Materials Safety and Safeguards. By letter dated October 22, 1993, the Petitioner's request that the Commission take immediate action has been denied. As provided by Section 2.206, appropriate action will be taken on the remainder of the request within a reasonable time.
A copy of the Petition is available for inspection at the Commission's Public Document Room at 2120 L Street, N.W., Washington, D.C. 20555.
FOR TH UCLEAR REGULATORY COMMISSION
^
n Ro ert M. Bernero, Direc or Office of Nuclear Material Safety and Safeguards Dated at Rockville Maryland i
detob6r 1993.
this 22nd day of l
l
b, f
f
,gi,
t The remainder of the request is being treated pursuant to 10 C.F.R.
s G 2.206 of the Commission's regulations.
That portion of the request has'been C
referred to the Director of Nuclear Materials Safety and Safeguards.
By letter dated October 22, 1993, the Petitioner's request that the Commission take immediate action has been denied. As provided by Section 2.206, appropriate action will be_taken on the remainder of the request within a
+
reasonable time.
A copy of the Pet
'n is available for inspection at the Commission's Public Document Room at 2120 L Street, N.W., Washington, D.C. 20555.
FOR THE NUCLEAR REGULATORY COMMISSION ORIGINAL SIGNED BY Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards Dated at Rockville, toberMaryland this 22nd day of Oc 1993.
- See previous concurrence.
OFC STSB STSB STSB OGC IMNS-IMNJ g g
' CHaughney eJGoldberg IB7a#ch CP((fello NAME
- EEaston/1g
- FBrown 10 22/93 10/22/93 itegj g f 10/f'2/93 10S/493 or DATE 10/22f93
/
0FC NMSS
/
NMSSd GAMo _,,
RBbo NAME dO/ /93 j
10/2Au)3 DATE C = COVER /E = COVER & ENCLOSURE /N = NO COPY OFFICIAL RECORD COPY - A:\\ JERSEY
EDO TICKET:
Interim NMSS b Ek$$uk 009407 DESCRIPTION: 2.206 REQUEST FOR IMMEDIATE ACTION RE LIMERICK & SHOREHAM (ED0 NO. 009407) (NMSS 9300527)
Distribution:
Docket Nos. 50-352, 353, 322 J. Scinto, OGC M. Knapp M. Malsch, OGC L. Jacobs-Baynard i
J. Cordes, 0GC C. Poland i
K. Cyr, OGC C. Estep L. Chandler, 0GC OGC R/F.
T. Martin, RI NRC F/C K. Smith,RI NMSS Dir. Ofc. R/F i
J. Goldberg NMSS R/F S. Lewis, OGC IMNS C/F S. Chidakel STSB R/F L. Hazelwood J. McGurren D. Morris, EDO W. Reamer L. Pittiglio F. Rinaldi S. Brown I
.I J