ML20067C610
| ML20067C610 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/01/1991 |
| From: | Stehn J SCIENTISTS & ENGINEERS FOR SECURE ENERGY |
| To: | |
| Shared Package | |
| ML20067C304 | List: |
| References | |
| 91-621-01-OLA, 91-621-1-OLA, OLA, NUDOCS 9102120131 | |
| Download: ML20067C610 (10) | |
Text
e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrativo Judges Morton B. Margulien, Chairman Dr. George A. Ferg-Json Dr. Jerry R. Klino 1
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In the Mai ter of
)
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Dodat No. 50-322-OLA Long Island Lighting Co.,
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Shoreham Nteicar ','over Stationt
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ASLDP T9.
Confirmatorf 0: 1e,1 Modifying
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91-621-01-OLA License (Effect'"a immediately)
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(55 Fed. Reg. 1.758, April 5, 1990)
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AFFIDAVIT OF DR. JOHN R. STEHN Dr. John R. Stehn, being duly sworn, says as followas 1.
3 Aviin R.
Stehn, reside at 8 Harbor Hills Drl.<(,
Port X(
Jefferson, Knt' Yor. 11777 which is about ten miles fror thJ Shorettam Nuclear I'<1 or Station ("Shoreham Plant").
I have mod this property for tsenty-nine years.
Thus, I live within the fifty mile geographical zone utilized by the U.S. Nuclear Regulatory Commission ("NRC") to determine whether a party is sufficionely threatened by the radis.ogical hazard and other g
env).ronmental incoacts of a propcaal to establish the requisite interest and stand)ng for intervention as of right.
2.
Before I enteret semi-retirement in 1974, I worked as a j
i Phyoicist for sixteen years it the Brookhaven National Laberatory.
At Brookhaven, ; was part of a team of roughly 9102120131 910204 PDR ADOCK 0S000322 0
twelve physicists in the National Nuclear Data Center.
The team regular]y obtained information from scientists who were making measurements of the nuclear properties of materials, especially those materials important to the design of nuclear reactors, in order to improve the quality and efficiency of nuclear power plants.
Before my tenure at Brookhaven, I spent sixteen years doing very similat work at the General Electric Knolls Atomic Power Laboratory.
Althougn I am presently retired, I enjoy a continuing appointment at Brookhaven as a Guest Scientist.
As a Guest Scientist, I am able to both follow recent developments in my field and to continue research on a project that was incomplete at the time I retired.
Sr.sokhaven is located about seven miles from Shoreham and, thus, I am within the geographical zone of interest not only while I am at home, but also while I am working.
3.
I began.ny career in graduate school by obtaining a Ph.
D.
in Nuclear Physics at the University of Wisconsin.
This training, togetner with my thirty-two years of experience practicing as a nuclear reactor physicist and nuclear engineer at two major research laboratories, has allowed me to appreciate the technology developed during and after World War II to use the immense possibilities offered by nuclear energy to help mankind generate electrical-energy more cleanly, cheaply, and safely.
I know very well how nuclear power plants are designed to work and, from my contacts with others in the field, how it is possible for
mishaps.__ to_ occur.
I strongly support the use of nuclear power.to meet our_ nation's energy.needs in a safe, economical, and environmentally benign manner.
When Shoreham was being built, I was_ delighted to see evidence that I would be able to retire on Long Island with the prospect of there being ample supplies of inexpensive electricity to make living here both pleasant and inexpensive.
Now that I am almost completely retired, I find myself threatened by the rising costs of-electrical power.
The terms of the agreement between LILCO and Governor Cuomo which allow LILCO to increase its rates by 5% per year for the next ten years, so long as it does not operate Shoreham as a nuclear
- plant, will be especially burdensome to me as a retired person.
4.
I.have been a member of Scientists and Engineers for Secure Energy, Inc. ("SE ") since 1982.
I authorize SE to 2
2
-represent my interests, as described herein, in any proceedings to be held.in connection with the Immediately Effective-Confirmatory Order, issued'by the NRC on March 29, 1990, prohibiting the Long Island Lighting Company ("LILCO"), licensee of the Shoreham plant from placing fuel into the reactor vessel without prior NRC approval.
5._
Ilam concerned that the confirmatory order constitutes another stop in theidecommissioning process presently _ underway at Shoreham in violation of my rights under the National-Environmental Policy Act ("NEPA").
The Order reaffirms the,_
u..
.. ~..
previous NRC decisions allowing LILCO to reduce staffing and maintenance to a level clearly inconsistent with the terms of the full power operating license and several NRC regulations.
These very actions which the NRC explicitly allowef, are now being advanced as presentir.g a health and safety threat of such a magnitude that an immediately effective order was issued to effectively prohibit operation.
SE submitted a Secti?r e.206 2
request in conjunction with the Shoreham-Wadirg Fiver Central School District in July of 1989 when the destaffing and plant disassembly activities had only just been announced and were yet to be implemented.
The Request asserted that these actions should not be allowed to go forward before publication of a Final Environmental Impact Statement ("FEIS") pursuant to the dictates of NEPA and because they were inimical to the public health and safety due to their inconsistecy with LILCo's license obligations as a full-power licensee.
Despite the fact that the Commission denied the request for immediate relief and continues to ignore the issues raised in the original Section 2.206 request and the supplements thereto, it now relies on the results of the challenged actions to justify issuance of the immediately effective order without ordering remedial measures or proposing fines.
6.
I do not believe that any steps in furtherance of the Shoreham Plant's decommissioning should be implemented until a FEIS evaluating the impacts of, and alternatives to, the entire
-4
1 decommissioning proposal has been completed in compliance with the terms of NEPA and the NRC's own regulations in a single proceeding.
If the NRC allows steps which are clearly in furtherance of decommissioning, and have no necessary independent utility, to be implemented at the Shoreham Plant prior to the necessary NEPA review, my rights, and the rights of those similarly situated, to have an opportunity for meaningful comment on the environmental consideration of the decommissioning proposal will be prejudiced, if not completely denied.
Besides reaffirming past actions aimed at removing the Shoreham Plant l
from service and, ti refore, in furtherance of decommissioning, the Confirmatory order also sets the stage for yet other actions in furtherance of decommissioning.
LILCO has applied for a license amendmer;t to recognize the defueled state of the plant which will in turn fccilitate the transfer of the plant to the Long Island Power Authority.
The Confirmatory order, which prohibits operation of the plant, is a first link in a chain of actions directed towards the issuance of a license amendment authorizing " possession and use, but not operation."
The issuance of a possession only license would be, in turn, a further step in removing the plant from service which is the first part of " decommissioning" as defined by the NRC regulations.
7.
The Confirmatory order also represents a threat to my personal radiological health and safety and to my real and l l
o personal property in violation of my rights under the Atomic Energy Act of 1954, as amended.
In direct violation of its own stated enforcement policy, the NRC has failed, in that order, to require LILCO to undertake remedial actions to bring the Shoreham Plant into compliance with the terms of--its full-power operating license.
Thus, should a determination later be made to operate the Shoreham Plant, deterioration allowed by LILCO and by that incomplete order will at the least move operation further away in time,_and at the worst, increase the likelihood and risk of a radiological accident.
8.
As a Long Island resident, I am also interected in actions which will have a direct effect on the availability of reliable _and environmentally benign electric generation to meet-my needs and those of my family and the community as a whole.
I understand that Long Island is presently at the full capacity of the existing natural gas pipelines which supply this area and that there is. inadequate reserve capacity for the growing electric energy demand of the area.- Thus, either the Shoreham Plant must be operated or alternative generating facilities will have to be built and operated.
Because natural gas supplies cannot easily be increased, cil-burning plants will inevitably be needed to replace the Shoreham Plant thereby increasing our reliance on foreign oil and thus reducing the security of our energy supply, among other things.
These plants, in turn, will emit pollution lowering air quality in the region and I i
contributing to global warming and acid rain.
These effects of the Shoreham Plant's decommissioning will have detrimental effects on my health and on the quality of the natural environment in which I live day-to-day.
This calls for serious consideration of the alternatives to decommissioning.
s 9.
And if the scope of this proceeding is narrowed to its relationship to the choice among the alternatives for decommissioning mode, I believe my health, safety and environmental interests would be harmed by any actions inconsistent with mothballing the plant ("SAFSTOR").
10.
I understand that SE has been joined by the Shorehan-2 Wading River Central School District (" School District") in seeking to intervene in a hearing to be held not only on the Confirmatory Order, but also in hearings to consider the implications of LILCO's license amendment requests affecting both Physical Security and Offsite Emergency Preparedness.
I also understand that the issues raised by all of these actions significantly overlap due to the fact that each of the actions constitute another stop in the decommissioning process underway at the Shoreham Plant.
I would favor the consolidation of these three proceedings to consider the issues raised by the School District and SE,
Consolidation would be the most efficient and 2
expeditious way to proceed for all concerned.
I also submit that such consolidation is demanded by NEPA because all of these 7-
=
segmented proposals and actions are, in fact, part of a single proposal, are cumulatively significant, and have no utility independent of the decommissioning proposal.
A a,
g;, by, / h I
i Dr. John R.
Stehn SUBSCRIBED AND SWORN BEFORE ME, on this t
day of C bren ru _,
1991.
I
(
\\ (j i ad k t ujw Notary Public Hy commission expires:
L993 VEHtIEN FALLGN Noury PLc;.0, State of New York tb.4789305 0x%: din SW2 0c:1t/
Cenn.ucn txcas Jat.wy 31,192 g-
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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g!D ATOMIC SAFETY AND LICENSING BOARD 91 FEB -6 P2 :53 Beiure Administrative Judges:
n;;-
n
,o Morton B. Margulies, Chairmar bacs %. 1,u p vuI Dr. George A. Ferguson N"
Dr. Jerry R. Kline
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In the Matter of
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Docket No. 50-322 OLA
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LONG ISLAND LIGilTING COMPANY
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ASLBP No. 91-62101 OLA
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(Shoreham Nuclear Power Station,
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(Confirmatory Order Unit 1
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Modification)
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CERTIFICATE OF SERVICE I herchy certify that copies of the Amendment to its Request for llearing and Petition to Intervene and affidavits of Professor Miro M. Todorovich, Dr. John L Bateman, Eena Mai Franz, Andrew P. Hull, Dr. Stephen V. Musolino, Joseph Scrandis, and John R. Stehn, in the above-captioned matter by Scientists and Engineers for Secure Energy, Inc. were served upon the following by first class mail, postage prepaid on this 4th 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 romic Safety and Licensing Board U.S. Nuclear Regulatory Commission Administrative Judge Washington, D.C. 20555 Jerry R. Kline Atomic Safety and Licensing 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 Licensing 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 l
l l
6 W
q f
Stanley B. Klimberg, Esq.
Carl R. Schenker, Jr., Esq.
Executive Director and General Counsel-O'Melveny & Myers long Island' Power Authority
- 55513th Street, N.W.
Suite 201 Washington, D.C. 200N 200 Garden City Plaza Garden, City, New York 11530 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 2321'2 Gerald C. Goldstein, Esq.
Samuel A. Cherni_ak, Esq.
Office of General Counsel NYS Department of 12w 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.
David A. Repka,' Esy,.
-Winston & Strawn 1400 L Street, N.W.
Washington, D.C. 20005 Ne di-M]vt
. /C 9-g 7
February 4,19911 James P.- McGranery, Jr. M Counsel for Petitioner Intshenors -
Shoreham Wading River Central School a
District and Scientists.and Engineers for Secure Energy, Inc.-
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