ML20065R289
| ML20065R289 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 12/11/1990 |
| From: | Irwin D HUNTON & WILLIAMS |
| To: | Murley T Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 9012190008 | |
| Download: ML20065R289 (2) | |
Text
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H UNTON & WILLI AM s o
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AT L ANTA, OCOROla -
7o7 EAST MAIN STREET NEW YORK, NEW YORK emysstL&,DC401UM NORFOLK, VIRGINIA g
FAIRFAR, VIROINIA RALCtGH, NORTH CARQUN A I
F NOKylLL E, TE NN E SSE C Racnwown, Va notwt A 20219 WASHINGTON, O. C.
TetcesoNe (so4) 7as-saoo AmwiLe 80 88-8218 DONAl.D P. IRWIN ritc: 24566.100000 oiRcCT oiAu (804) 788 8357 December 11, 1990 BY TELECOPY Dr. Thomas E. Murley Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Dear Dr. Murley:
This relates'to the NRC Staff's finding, in its letter to 1
John D. Leonard, Jr. (LILCO),.of November 14,-1990', that
" exigent circumstances" existed in connection with the Staff's review of a proposed shipment'by LILCO of 137 fuel support castings and 12 core peripheral pieces from the Shoreham Nuclear Power Station to the Barnwell, S.C.
low level waste repository.
The " exigent circumstances" derived from the possibility,.per-ceived-in late November, that the Barnwell facility would close after December 7, 1990 to shipments from states, including New York,-not yet-in full compliance with the Radioactive Waste Policy Act Amendments of 1986.
The Staff has chosen to treat LILCO's advance shipment notification as a request.for a license-amendment.2/
-Long Island Lighting Company understands that on December 6, 1990, the State of New York filed with the State of South Carolina a report on the status of New York's efforts-to comply I'
The NRC Staff subsequently issued a public notice of its intent to issue'an " exigent amendment," to Shoreham's operating license.
The notice in question, covered by a November 19, 1990 letter from Stewart W. Brown (NRC) to John D.
Leonard, Jr.-
l (LILCO), was published in Newsday.
2/
LILCO has never believed that the shipments in question required an amendment'to the Shoreham operating license.
The
.ctaff apparently believes otherwise, and chose therefore to treat LILCO's notification of its intent to ship the components as a.
request for an amendment.
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H UNTON & WILLI AM S 4
Dr. Thomas E.
Murley December.11, 1990 Page 2 with the Radioactive Waste Policy Act Amendments of 1986.
LILCO understands that a copy of that status report was delivered to the NRC on December 7,'1990.
LILCO believes that it is unlikely to be prohibited by the State of South Carolina from shipping the low level radioactit: =atavials in question from the Shoreham plant to the Barnwell, S.C.
radioactive waste repository, at least while the State of South Carolina is reviewing New York State's submission.
In light of these developments, the Staff may wish to re-evaluate its initial characterization of this matter as involving
" exigent circumstances."
Sincerel
- yours,
/Q7j l'
N Donald P.
Irwin cc:
Edwin J.
Reis, Esq.
Mr. Stewart W.
Brown The Hon. Samuel J.
Chilk
.