ML20067D067
| ML20067D067 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/02/1991 |
| From: | Stehn J SCIENTISTS & ENGINEERS FOR SECURE ENERGY |
| To: | |
| Shared Package | |
| ML20067C825 | List: |
| References | |
| 91-621-01-OLA, 91-621-1-OLA, OLA, NUDOCS 9102120316 | |
| Download: ML20067D067 (8) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Morton B. Margulies, Chairman Dr. George A.
Ferguson Dr. Jerry R.
Kline In the Matter of
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Docket No. 50- 3 2 2 -O LA Irng Island Lighting Company:
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Consideration of Issuance of Amendment
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ASLBP Ho.
To Facility Operating License and
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91-621-01-OLA Proposed No Significant Hazards
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Consideration Determination and
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Opportunity for Hearing
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(Emergency Preparedness Activities)
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(55 Fed. Reg. 12076 March 30, 1990)
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AFFIDAVIT OF DR. JOHN R.
STEHN Dr. John R.
Stehn, being duly sworn, says as follows:
1.
I, John R.
Stehn, reside at 8 Harbor Hills Drive, Port Jefferson, New York 11777 which is about ten miles from the Shoreham Nuclear Power Stat ion ("Shoreham Plant").
I have owned this property for twenty-nine yearo thus, I live within the fifty mile geographical zono utilized by the U.S. Nuclear Regulatory Commirsion ("NRC") to determine.whether a party is sufficiently threatened by the radiological hazard and other environmental impacts of a proposal to establish the requisite interest and standing for int 9rvention as of right.
2.
Before I entered semi-retirement in 1974, I worked as a Physicist for sixteen years at the Brookhaven National 9102120316 910204 PDR ADOCK O'OOO322 J
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_ _ _ _ - _ - _ _ _ _ _ _ _ _ _ _ = _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _
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-Laboratory.
At Brookhaven, I was part of a team of roughly 4
-twelve physicists-in the National-Nuclear-Data Center.
The team
-regularly obtained information from scientists who were making measurements of the nuclear properties of materials, especially i
those materials important to the design of nuclear reactors, in order to-imp ove the quality and efficiency of nuclear power plants.
Beforc my tenure at Brookhaven, I spent sixteen years doing very similar work at the General Electric Knolls Atomic
. Power Laboratory.
Although 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.
Drookhaven 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 my career in graduate school by obtaining a Ph.
D.
in-Nuclear Physics-at the University of Wisconsin.
This training, together with.my thirty-two years of experience e
practicing as a nuclear reactor physicist and nuclear engineer.at l'
two major research laboratories, has allowed me to appreciate.the_
Ji technology, developed during-and after World War II to use-the
-immenso possibilities _ offered by. nuclear energy to help mankind.
generate electrical. energy more_ cleanly, cheaply, and safely.
I 1
know1very well how nuclear power 1 plants are designed to work and, from my_ contacts with others-in-the fisld, how it is possible for 2-
6 mishaps to occur.
I strongly support the use of nuclear power to meet our nation's energy needs in a safe, economical, and environmental
- F*oign manner.
When Shoreham was being built, I was delighted
,o see evidence that I would be able to retire on l
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 rc. tired, I find l
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 ooerate Shoreham as a nuclear l
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 Long Island Lighting Company's
( " LI LCO" ) proposed license amendment adding a license condition which negates application of several existing license conditions while the reactor is in the "defueled state."
This license amendment, when coupled with related pending requests for permission from the NRC, would allow LILCO to cease its emergency preparedness activities altogether, 5.
I am concerned that the proposed amendment constitutes another step in the decommissioning process presently underway at Shoreham in violation of my rights under the National Environmental Policy Act ("NEPA").
I do not believe that any
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steps in furtherance of Shoreham's decommissioning should be implemented until a-Final Environmental Impact Statement ("FEIS")
ovaluating 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 regulations.
If the NRC allows steps which are clearly in furtherance of decommissioning, and have no necessary independent utility, to be implemented at Shoreham 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.
The proposed amendment which effectively allows LILCO to ceases all emergency. preparedness activities presupposec that decommissioning is a foregone conclusion.
Despite the fact that-NEPA mandates maintenance of the status gun pending preparaticn
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of an FEIS and a final, decision so that alternatives to the proposed action are not prematurely foreclosed, the proposed amendmentcrepresents a further retreat from-the requirements of LILCO's full-power; operating license prior to any environmental l
- review of the proposed' decommissioning.
i 6.
The proposed amendment represents a threat to my personal radiological health and safety.and to my real and l
" personal property in violation of my rights under the Atomic l Energy Act of 1954, as amen'ded. :The proposed _ amendment is an l
integral'part of a LILCO's attempt to cease emergency preparedness activities.
Any decrease in such activities at a L
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. -. ~.
r plant licensed for. full-power operation increases the radiological hazard posed by the plant.
The-detrimental health and safety _ impacts on-those in close proximity to Shoreham from an accidental release of fission products would be significantly greater were the accident'to occur while shoreham is without a well-trained emergency-response organization to stem those.
impacts.
7.
As a Long Island resident, I am interested in actions which will have a direct effect on the availability of reliable electricity to meet my needs and those of.my family and the community us a-whole.
I understand that Long Island is presently
.at the full capacity of the existing natural gas pipelines which 1
supply this area and chat there is inadequate reserve capacity
-for the growing electric energy. demands of the area.
- Thus, either-Shoreham must 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 Shoreham.
These plants, in turn, will emit pollution lowering air ~ quality in the. region and' q
contributing to global warming and acid' rain.
These effects of Shoreham's_ decommissioning will-have detrimental effects on my
. health and on the quality of the natural environment-in which I-clivefday-to-day.; This calls-for serious consideration of the alt'ernatives to decommissioning.
B.
'And if the scope of this proceeding is= narrowed to its i
relationship _to the. choice among the alternatives for ;
l
-decommissioning mode, I believe.my health, safety and c
environmental interests would be harmed by any actions inconsistent with mothballing the plant ("SAFSTOR").
9.
I understand that SE has been loined by the Shoreham-2 Wading River Central School District (" School District") in seeking to intervene in the hearing to be held not only on the proposed amendment allowing the cessation of emergency preparedness activities, but also in hearings to consider the implications of the immediately effective Confirmatory Order-issued-by the h8C on' March 29, 1990 and LILCO's license amendment request affecting the Physical Security Plan.
I also understand that the issues raised by all of these actions significantly overlap due to the fact that each of the actions constitutes another-step-in the decommissioning process underway at Shoreham.
I would. favor the consolidation of these three proceedings-to consider the issues raised.by the School District and SE*
2 Consolidation would ha the most efficient and expeditious way to proceed for all concerned, n
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v' Dr. John R.
Stehn day of Ib n r.mt
. SUBSCRIBED AND SWORN BEFORE-ME, on thja 3-(
1991.
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Notary Public p
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION I mu tp
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unc ATOMIC SAFETY AND LICENSING BOARD 91 FEB -6 P2 :53 Before Administrative Judges:
Morton B. Margulies, Chairman
$chdy:y;$
Dr. George A. Ferguson in ntu 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 L1 GIFTING COMPANY
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ASLDP No. 9162101-OLA
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'(Shoreham Nuclear Power Station,
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(Emergency Preparedness Unit 1
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Amendment)
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. CERTIFICATE OF SERVICE l hereby certify that copics of the Amendment to its Request for Hearing and Petition to Inter 8ne and affidavitt of Professor Miro M. Todorovich, Dr. John L Bateman, Eena Mai Franz, Andrew P. llull, 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 14 Washington, D.C. 20555 Atomic Safety and Licensing Board j
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U.S. Nuclear Regulatory Commission a
Washington, D.C. 20555 Adadnistrative Judge
--Jerry R., Kline m
Atomic Safety and Licensing Board Administrative Judge
.U.S. Nuclear Regulatory Commission George A. Ferguson
- Washington, D.C, 20555 ASLBP 5307 Al Jones Drive 6
Columbia Beach, Maryland 20764-Edwin J. Reis, Esq.
Deputy Assistant General Counsel
_ - for Reactor-Licensing-Michael R. Deland, Chairman e
Mitz'i 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 t
U.S. Nuclear Regulatory. Commission
- Washington. D.C. 20555 o
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A Stanley B. Klimberg, Esq.
Carl R. Schenker, Jr., Esq.
Executive Director and General Counsel O'Melveny & Myers l.ong Island Power Authority 55513th Street, N.W.
Suite 201 Washington, D.C. 20004 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 23212 Gerald C. Goldstein, Esq.
Samuel A. Cherr.. _k, 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 p
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February 4,1991 t
jJames P. McGranery, Jr;/
< Counsel for Petitioner lht' rvenors e
Shoreham Wading River Central School District and Scientists and Engineers for Secure Energy, Inc.
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