ML20062G642
| ML20062G642 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 10/09/1990 |
| From: | Deland M COUNCIL ON ENVIRONMENTAL QUALITY |
| To: | Carr K NRC COMMISSION (OCM) |
| References | |
| CON-#490-10918 NUDOCS 9011290369 | |
| Download: ML20062G642 (3) | |
Text
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EXECUTIVE OFFICE OF THE PRESIDENT X-[;
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.,;L P.L i D MS*WQToN. O C. 2o600 VMC TO 0:t 15 R2:03 uena.m o..no Ohairman iron m.o.o (rr ig JJ stt,a tw October 9, 1990 00CWQ,'i "VllJ The Honorable Kenneth M. Carr Chairman MhVEDOCT 1 5 1990 Nuclear Regulatory Commission Washington, D.C.
20555 Dear Chairman Carrt I am writing to urge the Nuclear Regulatory Commission (NRC) to prepara a comprehensive' environmental impact statement (EIS) for all of-the actions the agency will be called upon to take with respect to the Shoreham Nuclear Power Station.
Preparation of such an EIS ir, in my view, mandated by the National Environmental Policy Act (NEPA).
I understand that the Long Island Lighting Company owner of the facility and holder of an operating license (LILCO),
i for the plant, has asked NRC for a " possession-only" license.
Future j
plans call for the possession-only license to be transferred to an agency of the State of New York which would eventually ask NRC i
for permission to decommission the facility, even though it has never entered commercial operation.
The Council on Environmental Quality (CEQ), which oversees federal agency compliance with NEPA, has promulgated regulations to implement the procedural provisions of the statute.
Among j
other things, these regulations require federal agencies to consider connected actions together in the same NEPA document.
Eta 40 CFR 5 1508.25(a) (1).
A " connected" action is one which is an interdepehdent part of a larger' action and depends on the larger actirn for its justification.
Id.
The CEQ regulations also requira agencies. to address the cumulative environmental impacts of'their actions.
133 4 0 CFR 5 1508. 25 (c).
Any decision by NRC on a license change for the Shoreham plant would require the preparation of an EIS.
Since the application for a possession-only license is-just the first step in a process perhaps culminating in decommissioning of the facility (14a2, is an " interdependent part" of decommissioning),
the scope of the NRC's EIS must include the change in LILCO's
' license,.as well as the proposal for transferring the license to another entity and for decommissioning.
l Only by considering these related proposals together in the same document can the cumulative impacts of these actions be
. 90 9011290369 901009 Recycled Paper PDR
/. DOCK 05000322 P
P Letter to the Honorable Kenneth M. Carr October 9, 1990 Page 2 adequately assessed.
Further, once a possession-only license were granted by NRC and the condition of the facility was allowed to deteriorate, the choice of alternatives for subsequent proposals would necessarily be limited.
NEPA is a statute which not only requires conaideration of the environmental consequences of an agency's actions, but also requires full public disclosure of those impacts and encourages public participation in the decisionmaking process.
The public is entitled to know, and should be made to realize, the environmental impacts of a license change, license transfer, and eventual decommissioning of a fully operational nuclear power plant.
I strongly recommend thut you and the other Commissioners give serious attention to this matter and recognize the need to meet both the letter and the spirit of the National Environmental Policy Act.
Sincerely, o'
M chael R. Deland C'
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cc:
Commissioner Kenneth C. Rogers Commissioner James R. Curtiss Commissionsr Forrest J. Remick l
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Aecycled Paper
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the Matter of LONG ISLAND LIGHTING COMPANY Docket No. 50-322 (Shoreham Nuclear Power Station.
I (Hearing Petitions)
Unit 1) 1 1
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LTR 10/9 FM DELAND (CEQ) TO CARR have been served upon the following persons by U.S.
mail. first class. except as otherwise noted and in accordance with the reovirements of 10 CFR Sec. 2.712.
Lawrence J.
Chandler. Esc.
Office of the General Counsel U.
S.
Nuclear Regulatory Commission Washington. DC 20555 James P.
McGranerv.
Jr..
Eso.
Dow. Lohnes & Albertson 1255 23rd Street.
N.W.
Suite 500 Washington. DC 20037 l
Donald P.'Irwin. Eso.
Hunton & Williams 707 East Main Street P. O.
Box 1535 Richmond. VA 23212 Dated at Rockville. Md. this 15 day of October 1990 3=
Office of th(/ secretary of the Commission s
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