ML20067C865
| ML20067C865 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/01/1991 |
| From: | Prodell A SCIENTISTS & ENGINEERS FOR SECURE ENERGY |
| To: | |
| Shared Package | |
| ML20067C837 | List: |
| References | |
| 91-621-01-OLA, 91-621-1-OLA, OLA, NUDOCS 9102120228 | |
| Download: ML20067C865 (11) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
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Morton B. Margulies, Chairman Dr. George A. Ferguson Dr. Jerry R. Kline
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In the Matter of
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Docket No. 50-322-OLA Long Icland Lighting Co.,
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Shoreham Nuclear Power Station;
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ASLBP No.
Confirmatory Order Modifying
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91-621-01-OLA License (Effective Immediately)
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(55 Fed. Reg. 12758, April 5,.1990)
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4 AFFIDAVIT OF ALBERT G.
PRODELL Albert G. Prode11, being duly sworn, says as follows:
1.
I, Albert G. Prodell, reside at Remsen Road, Wading-River, New York 11792 which is about two miles from the Shoreham
-Nuclear Power Station ("Shoreham Plant").
1 have owned this property for thirty years.
Thus, I live within the geographical zone utilized,by the U.S. Nuclear Regulatory Commission ("NRC")
to determine-whether a party is sufficiently threatened by the radiological hazard and.other: environmental impacts of the proposal to establish the requisite interest and standing for.
intervention as of right.
2.1 I also own a sailboat moored at Brewer Yacht Yard'in-Greenport which is about thirty-three miles from the Shoreham 9102120228 910204 PDR-ADOCK 05000322 O
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Plant and is, therefore, also within the geographical zone of interest.
3.
I have been employed as a Physicist for over thirty years at Brookhaven National Laboratory, Upton, New York 11786, located about eight miles from the Shoreham Plant.
I received my 4
A.B.,
M.A., and Ph.D. in physics from Columbia University in New York and taught physics at Columbia Univer.;ty and Barnard College before taking a position at Brookhaven.
I presently work in the Accelerator Development Department at Brookhavan.
I have served on the committee which worked in cooperation with the Long Island Lighting Company ("LILCO") to study and develop emergency evacuation procedures and routes for the School District's students and employees to follow in the event of an emergency at the Shoreham Plant.
My training and experience as a Physicist has given me a thorough understanding of nuclear radiation.
I am familar with both the benefits and risks of nuclear power plants.
I strongly support the use of nuclear power to meet the energy needs of the Long Island area, and the Nation as a whole, in a safe, economical, and environmentally benign manner.
4.
The Shoreham-Wading River Central School District
(" School District") covers an area of about twelve square miles and the Shoreham Plant is within the boundaries of the School District.
Thus, both I and the School District's students and employees regularly spend a considernble amount of time within
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the geographical) zone utilized-by NRC to determine wha >c.: a party.is sufficiently threatened by the accidental release of fission products and/or the adverse environmental effects of the proposal to establish-the-requisite interest and standing for intervention as of right. -
5.1 I am presently the President of the Board of L acation of the School District.
I have held this position for sixteen years.- As President, I am among those responsible not only for detr,rmining, but also for taking, action in accordance with the School District's-position on matters affecting both its general-interests and the specific health, safety and environmental interests of the students and employees for whom it is responsible during work and school hours.
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The School District's position has been that the decision to license-the Shoreham Nuclear Power Station wasLa e
Federal decision and-that if the NRC determined that safety standards were met and a license issued,'the District would
. support the decision that the Shoreham Plant should operate.- The decision to intervene and request a hearing in this matter is in.
furtherance of that decision.
-7.
I also authorize the School DistrictLto represent my personal interests,.as described herein, in any proceedings to be held in: connection with the Immediately-Effective Confirmatory-l
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incued by the NRC on March 29, 1990, prohibiting the Long
- Order, licensee of the Shorcham Island Lighting Company ("LILCO"),
from placing fuel into the reactor vossel without prior
- Plant, NRC approval.
I am concerned that the Confirmatory order constitutes 8.
another step in the decommissioning process presently underway at and those of the School Shoreham in violation of my righty, Dintrict's students and employoos, under the National Environmental Policy Act ("NEPA").
The Order reaffirms the previous NRC decisions allowing LILCO to reduce staffing and maintenance to a level clearly inconcir. tent with the terms of the Those full power operating license and ceveral NRC rogulations.
very actions which the NRC oxplicitly al3 owed are now being advanced ac presenting a health and safoty threat of such a magnitude that an immediately offoetive Order was issued to The School Dintrict submitted a offectively prohibit operation.
Section 2.206 request in July of 1989 when the destaffing and plant disassembly activities had only just been announced and were yet to be implemented.
That requent 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 worc ininical to the public health and safety due to their inconsistency with LILCO's licenso cbligations an a full-power licona20.
Despite the fact that the Com=ission denied the request for inmediate relief and continues !
t to ignore the issues-raised in the original Section 2.206 requoct and the supplements thereto, it now rolles. on the results of the challenged actions to justify issuance of the immediately effective order without ordering romedial measures or proposing fines.
9.
I do not believe that any steps in furtherance of shoreham Plant's decommiscioning should be impletaented until a 1
tris evaluat!.ng the-impacts of, and alternativoo to, the entire decommissioning propocal has boon complotod in compilance with the terms of NEPA and the NRC's own regulations in a single proceeding.
If the b'RC allows steps which are clearly.in ffurtherance of decommissioning, and have no nocessary independent utility, to be implemented at the Shoreham vient prior to the necessary NEPA review, my rights, and the rights of those similarly situated, to have an opportunity for meaningful commen' on the environmental considerat3cn of the decommissioning proposal will be prejudicod, if not complotoly denied.
Besides reaffirming past actions aimed at removing the Shoreham Plant from service and, therefore, in furtherance of decommissioning, the Confirmatory order-also sots the stcgo for yet other actions L-in furtherr.nce of decommissioning.
LILco has-applied for a l
licensa amendment to recognize tho dofueled state of the plant which will in turn facilitato the trannfar of the plant to the Long Island Power Authority.
The confi rmatory order, which prohibits operation of the plant, in a first link in a chain of
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actions directed towards the icsuance of a licen9e amendment authorizing " possession and uso, but not operation."
The issuance of a possession only license would be, in turn, a
~urther step'in removing the plant from servico which is the first part of "decommissioninga ac defined by the NRC reyulations.
10.
The Confirmatory Order also represents a threat to my, and the School District's students' and unployeesi, personal radiological health and safety anJ. to ry and the School District's real and poroonal property in violation of my and their rights under the Atomic Enorgy liet of 1954, as amended.
In direct violation of its own stated enforcoment policy, the NRC has failed, in that Order, to requiro LILCO to undertako remedial actionn to bring the Shoreham Plant into complianca with the terms of-its full-power operating license.
Thus, should a determination later be made to opersto the Shoreham Plant, deterioration allowed by-LILCO and by that incon.plete Order Vill, at'the leant, move operation further away in time and, at the worst, increase the likelihood and risk of a radiological l
accident.
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11.
As a Long Island resident, I am interested in actions which will have a direct effect on the availability of reliabic and environmentally benign electric generation to meet my needs and those of my f amily, the School Dlutrict, and the community as l
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4 a whole.- I understand that Long Island is presently at the full capacity of the existing natural gas pipclines which supply this l
area and that there is inadequate rescrve capacity for the growing electric energy demand of the area.
Thus, either the Shoreham Plant muct be operated or alternative generating facilities will have to be 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 thun reducing the security of our energy _ supply, among other things.
These plants and the facilities needed to supply then with fuel will have a significant adverse impact on the local environment which includes pristine marshes and beaches.
They will ulso emit-pollution-lovering air quality in the region and contributing to global warming ~ahd acid rain.
Thenu effcots of the Shoreham Plant's decommissioning will have detrimental offects on my health and that of the School District's students and employees and on the quality.of the natural onvironment in-which I and-they
. live day-to-day.
This calls for serious consideration of the alternatives to decommissioning.
12.
I am also concerned about the adverse-economic consequences which will automatically follow from the
- decommissioning of the Shoreham Plant.
Under the_ terms of7the existing Agreement between LILco and the State of-New York,' the coat of clectric energy will probably double over the next ten 4 !
i These outrageous rates combined with a drastic reduction years.
in tax icvies (the taxes levied on the operable Plant constitute approximatcly 90% of the District'c tax base) will cause a precipitous decline in the quality of education offered to school children in the District in addition to huge tax increases for District residents.
And if the scope of this proceeding is narrowed to its 13.
relationship to the choice among the alternativos for decommissioning mode, I believe my health, safety and environmental interests would be harmed ty any actions inconsistent with mothballing the plant ("SAFSTOR").
I understand that the School Dictrict has been joined 14.
in seeking to intervono in a hearing to bo held not only by SE2 on the ccnfirmatory order, but alno in hearings to concider the implications of LILCO'c licenso amendment requests af f ecting both I also Physical Security and offsite Emergency Proparedness.
understand that the issues rained by all of these actions significantly overlap due to the fact that each of the actions constitutes another step in the deco:siccioning process underway
-at the Shoreham Plant.
I would favor the conno11dation of-these three proceedings to consider the issues raised by the School District and SE.
Consolidation vould be the most efficient and 2
expeditious way to proceed for all concernod.
I also submit that such consolidation is domanded by NEPA because all of these 4
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negnanted proposals and actions ato, in fact, part of a singlo proposal, are cumulatively significant, and have no utility i
independent of the decommissioning proposal.
1 kl Albort G.
prodel1 SUBSCRIBED AND SWORN BEFORE ME, on this
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day of d,/ffl, 1991.
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T b' E a.I B. BRIGGS
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NOTARY Fv8vC. Stato of New york No ary Public No SW MC My Commission expires:
M/fo/9 V i
cuensar,wnow counN sy Comm n o. Expros Aptli 33.192 g--
___-_.____r UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i mm, unc Before Administrative Judges:
4 4233 Morton B. Margulies, Chairman Dr. George A. Ferguson Dr. Jerry R. Kline
$. 'fj/
f,tj';;ig g eAnca i
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in the Matter of
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Docket No. 50 322 OLA
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LONG ISLAND LIGHTING COMPANY _
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ASLBP No. 9162101 OLA
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(Shoreham Nuclear Power Station,
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(Confirmatory Order i
Unit 1
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Modification) 0
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CERTIFICATE OF SERVICE I hereby certify that copics of the Amendment _to its Request for Hearing and Petition to Intervene and affidavit of Dr. Albert G. Prodell,in the above-captioned matter by Shoreham Wading River Central School District 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 Cammission Morton B. Margulies, Chairman Atomic Safety and Licensing Board
. Washington, D.C, 20%
U.S. Nuclear Regulatory Commission Administrative Judge '
Washington, D.C. 20555 Jerry R. Kline l
Atomic Safety and Licensing Board Administrative Judge U.S. Nuclear Regulatory Commission George A.- Ferguson
'ASLBP i:
1 Washington, D.C. 20555:
5307 Al Jones Drive-Columbia Beach, Maryland 20764 Edwin J. Reis, Esq.
Deputy Assistant General Counsel Michael R. Deland, Chairman for Reactor Licensing Council on Environmental Quality
- Mitzi A. Young, Esq.
Executive Office of the President JSenior Supervisory Trial Attorney Washington, D.C. 20500
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Office of the-_ Gen:ral Counsel
.U.S. Nuclear Regulatory Commission
- Washington, D.C. 20555 -
Stanthy B. Klimberg, Esq.
Execu.. a_ Director and General Counselj Carl R. Schenker, Jr., Esq.
Long Island Power Authority
? Counsel, Long Island Power Authority Suite 201 200 Garden City Plaza -
- O'Melveny & Myers
. 55513th Street, N.W.
Garden, City, New York 11530
-. Washington, D.C. 20004
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2-Stephen A. Wakefield, Esq.
Donald P. Irwin, Esq.
General Counsel Hunton & Williams U.S. Department of Energy P,0. 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.
David A. Repka, Esq.
Winston & Strawn 1400 L Street, N.W.
Washington, D.C. 20005 b
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I_ A b M}/;
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-+ t February 4,1991 James P. McGranery, Jr.
(/n Counsel for Petitioner Intervehors Shoreham Wading River Central School District and Scientists and Engineers for Secure Energy, Inc.
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