ML20067C672
| ML20067C672 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/03/1991 |
| From: | Franz E SCIENTISTS & ENGINEERS FOR SECURE ENERGY |
| To: | |
| References | |
| CON-#191-11384 91-061-01-OLA, 91-61-1-OLA, OLA, NUDOCS 9102120157 | |
| Download: ML20067C672 (7) | |
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[f hC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
.'54 FEB -5 P 4 :41 Before Administrative Judges:
g Morton B. Margulies, Chairman Dr. George A.
Ferguson Dr. Jerry R.
Kline
)
In the Matter of
)
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Docket No. 50-322-OLA-t Long Island Lighting Co.,
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Shoreham Nuclear Power-Station;
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ASLBP No.
Confirmatory Order Modifying
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91-061-01-OLA License (Effective Immediately)
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(55 Fed. Reg. 12758, April 5, 1990)
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AFFIDAVIT OF EENA-MAI FRANZ Eena-Mai_ Franz, being duly sworn, says as follows:~
1.
I,-Eena-Mai Franz, reside at 25 Josephine Boulevard, i
Shoreham, New-York 11786 which-is less than two miles from the Shoreham Nuclear Power Station ("Shoreham' Plant").
I have owned this, property for thirteen 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 sufficiently-4 threatened by-the radiological hazard and other environmental-impacts of:the proposal to establish the-requisite interest and standing for' intervention as of-right.-
2.
ILhave been employed as a radio and nuclear chemist for the past twenty-eight years at Brookhaven National Laboratory, L
Upton, New York 11786, located about seven miles from the I
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Shoreham plant.
I have spent eighteen years doing basic research in nuclear chemistry and an additional ten years in applied
-research in low-level nuclear waste management.
As a nuclear chemist, I am familiar with both the benefits and risks of nuclear power plants.
I strongly support the use of nuclear power to meet our nation's energy needs in a safe, economical, and environmentally benign manner.
3.
I have been a member of Scientists and Engineers for Secure Energy, Inc. ("SE ")
since early in 1990.
I authorize SE 2
2 to represent my interests, as described herein, in any i
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 ("LILC0"),
licensee of the Shoreham plant from placing fuel into the reactor vessel without prior NRC approval.
4.
I am concerned that the Confirmatory Order constituted another step in the decommissioning process presently underway at Shoreham in violation of my rights under the National Environmental Policy Act ("NEPA").
The Order reaffirms the previous NRC decisions -allowing LILCO to reduce staf fing 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 allowed are now being advanced as presenting a health and safety threat of such a
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magnitude that an immediately effective Order was issued to offectively prohibit operation.
SE submitted a Section P.206 2
request in conjunction with the Shoreham-Wading River Centrcl 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 issuss raised in the original section 2.206 request and the supplemt 's 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.
5.
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 decommissioning proposal has been completed in compliance with the terms of NEPA and the NRC's own regulaticns 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
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1 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 from service and, therefore, in furtherance of decommissioning, the Confirmatory Order also sets the stage for-yet other actions in furtherance of decom~.nissioning.
LILCO has applied for a license amendment to recognize the defueled state of the plant which will in turn facilitate the transfer of the plant to the Long Islarij 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 frcm service which is the first part of." decommissioning" as defined by the NRC
. regulations.
6.
The Confirmatory Order also represents a threat to my personal radiological. health and' safety and tolmy real and
. 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
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l 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.
7.
As a Long Island resident, I am also interested 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, in order to avoid brownouts or blackouts, either the Shoreham Plant must be operated or alternative generating facilities will have to bo built and operated.
Because natural gas supplies cannot easily be increased, oil-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 contributing to global warming and acid rain.
These effects of the Shoreham Plant's x
decommissioning will have detrimental effects on my health and on s
the quality of the natural environment in which I live day-to-day.
In addition, Long Island ratepayers, like myself, will not 1
r only be forced to. pay the costs associated with building and decommissioning Shoreham, but also the costs of building replacement oil-burning plants.
Under the terms of the " deal" between New York State and LILCO, electric rates will probably increase by 10% per year (while before the deal the rates increased a total of aoout 3% in three years).
These rate increases will lead to a weakened Long Island economy and real estate market.
The businesses will have to increase their prices-which I will have to pay.
Many businesses and residents are already leaving Long Island.
Those remaining will have to pay
. higher taxes.
Part of these tax increases will go to pay for the-Long Island Power Authority, a useless agency.
This= calls for serious consideration of the alternatives to decommissioning.
I personally believe that the solution would be to have the New
~
York Power Authority operate Shoreham.
This would make rate
~ increases unnecessary and Long Island's electric supply would be secured.
B.
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")..
9.
I understand that SE has been joined by the Shoreham-7 Wading River Central School District (" School District") in-6-
,er
9 e
4 s:eeking 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 licence amendment requests affecting both Physical Security and offsite Emergency Preparedness.
I also understand that the issues raised by n11 of these actions significantly overlap due to the fact that each of the actions constitute another step in the decommissioning process underway at the Shoreham Plant.
I would faver 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 segmented proposals and actions are, in fact, part of a single proposal, are cumulatively significant, and have no utility i
independent of the decommissioning proposal.
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Eena-Mai Franz.
SUBSCRIBED AND SWORN BEFORE ME, on this
' day of1 N h v 1991.
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Lk nf 4c
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l Notary Public My commission expires:
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