ML20066H031

Joint Supplemental Comments on Proposed NSHC Determination.* Urges Staff Not to Issue Final NSHC Determination. W/Certificate of Svc

ML20066H031
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/11/1991
From:	Mcgranery J DOW, LOHNES & ALBERTSON, LONG ISLAND LIGHTING CO., SCIENTISTS & ENGINEERS FOR SECURE ENERGY
To:	NRC COMMISSION (OCM)
References
CON-#191-11424 OLA-2, NUDOCS 9102200147
Download: ML20066H031 (4)

Text

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//VM' i i ;.O i y' p' UNITED STATES OF AMERICA mmc

,; NUCLEAR REGU1ATORY COMMISSION 31 FEB 13 P3:32

) 1 In the Matter of ) DocketiNo. 50?322 ~ QiA - 2 3

) v.O ( % .;,i ";

Consideration of Issuance of Amendment ) License No'.+ WPF-8'2 [

To Facility Operating License and )

Proposed No Significant Hazards )

Consideration Determination and )

Opportunity for Hearings Long Island )

Lighting Co. (Defueled operating )

License) (55 Fed. Reg. 34098, )

August 21- 1990) )

)

JOINT SUPPLEMENTAL COMMENTS ON PROPOSED NO SIGNIFICANT HAZARDS

__gpHSIDEP.ATION DETERMINATION l

i on September 20, 1990, the shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy, Inc. (jointly " Petitioners") filed among other things, comments on the proposed no significant hazards consideration determination in the above-captioned matter. Subsequent developments in that matter require the filing and consideration of these supplemental comments.

On January 24 of this year, the Commission issued its decision-in Lena Island Liahtina Co. (Shoreham Nuclear Power Station, Unit 1), CLI-91-01, 33 NRC (Slip Op. Jan. 24, 1991) holding among other things, that "a POL may be issued without any

. preliminary or final decommissioning information," (slio on. at >

2) over Chairman Carr's strong'and clear dissent.- Elio oo. at 11-13. Given the Chairman's clear and strong dissent, Petitioners submit that the proposed POL amendment cannot be determined to " clearly raise no significant hazard issues" and, hhk kDbhk obObob22; j)5%C 1b O_ PDR,

I therefore, cannot be the subject of a final no significant hazards consideration determination. E3A Final Procedures and Standard on No Significant Hazards Considerations, 51 Fed. Reg. 7744, 7750 col.3 (March 6, 1986) (emphasis added).

Moreover, the POL amendment application meets several of the standards established by the Commission for an action to "likelv be found to involve significant hazards consideration,"

since it involves-"(a) significant relaxation of the criteria used to established safety limits," "[a] significant relaxation 1

i- 'of the bases for limiting safety system settings and limiting conditions for operation," and "[a] change to technical specifications or other NRC approval involving an a significant unreviewed safety question." 51 Fed. Reg. at 7751 col.1 (emphasis added).

WHEREFORE, Petitioners again urge the Staff not to issue a. final no significant hazards consideration determination in above-captioned matter.

Respectfully submitted.-

February 11, 1991 L f 2% hQ r, w Jgges P. McGranery, //)/.

l Nw, Lohnes & AlbeWson Suite 500 1255 Twenty-Third Street, N.W. ,

Washington, D.C. 20037  :

(202) 857-2929 i Counsel for the Petitioners Shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy, Inc.

1

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION M.j !

) '91 FEB 13 P3 :32 In the Matter of ) Docket No. 50 322

) . iso .,;.,-

Consideration of Issuance of Amendment ) Ucense No. NPF 82 m . . , ci To Facility Operating Ucense and )

Proposed No Significant Hazards )

Consideration Determination and )

Opportunity for Hearing; Dmg Island )

Ughting Co. (Defueled Operating )

Ucense) (55 Fed. Reg. 34098, August 21,1990))

)

CERTIFICATE OF SERVICE I hereby certify that one copy of the Petitioners' Joint Supplemental Comments on Proposed No Significant llazards Consideration Determination is being served upon the following by first class mall, postage prepaid on this lith day of February,1991:

Atomic Safety and Licensing Appeal Board Administrative Judge U.S. Nuclear Regulatory Commission Morton B. Margulies, Chairman Washington, D.C. 20555 Atomic Safety and Ucensing Board U.S. Nuclear Regulatory Commission Administrative Judge Washington, D.C. 20555 Jerry R. Kline Atomic Safety and Ucensing Board Administrative Judge U.S. Nuclear Regulatory Commission George A. Ferguson Washington, D.C. 20555 ASLBP 5307 Al Jones Drive Edwin J. Reis, Esq. Columbia Beach, Maryland 20764 Deputy Assistant General Counsel for Reactor Ucensing Michael R. Deland, Chairman Mitzi A. Young, Esq. Council on Environmental Quality Senior Supervisory Trial Attorney Executive Office of the President Office of the General Counsel Washington, D.C. 20500 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Stanley B. Klimberg, Esq.

Executive Director and General Counsel Carl R. Schenker, Jr., Esq. Long Island Power Authority Counsel, Long Island Power Authority Suite 201 O'Melveny & Myers 200 Garden City Plaza 55513th Street, N.W. Garden, City, New York 11530 Washington, D.C. 200(M

2 Stephen A. Wakefield, Esq. Donald P. Irwin, Esq.

General Counsel Hunton & Williams U.S. Department of Energy P.O. Box 1535 Washington, D.C. 20585 Richmond, Virginia 23212 Gerald C. Goldstein, Esq. Samuel A. Cherniak, Esq.

Office of General Counsel NYS Department of Law New York Power Authority Bureau of Consumer 1633 Broadway Frauds and Protection New York, New York 10019 120 Broadway New York, New York 10271 Nicholas S. Reynolds, Esq. Regulatory Publications Branch David A. Repka, Esq. Division of Freedom of Winston & Strawn Information & Publications Senices 1400 L Street, N.W. Office of Administration Washington, D.C. 20005 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 February 11,1991 m ,  %, .- ..

Jaryp~s P. McGranery, Jr. ff C60nsel for Petitioners Shoreham Wading River Central School l District and Scientists and Engineers for Secure Energy, Inc.

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