ML20070E605
| ML20070E605 | |
| 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) |
| Shared Package | |
| ML20070E549 | List: |
| References | |
| NUDOCS 9103060086 | |
| Download: ML20070E605 (4) | |
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I.
UNITED STATES OF AMERICA NUCLEAR REGULATORf CONNISSION In tha Natter of
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Docket No. 50-322
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Consideration of Issuance of Amendment )
License No. NPF-82 To Facility Operating License and
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Proposed No Significant Hazards
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Consideration Determination and
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Opportunity for Hearings Long Island
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Lighting Co. (Defueled Operating
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License) (55 Fed. Reg. 34098,
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August 21, 1990)
)
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JOINT SUPPLEMENTAL COMMENTS ON PROPOSED HO SIGNIFICANT HAZARDS CONSIDEPATioH DrTERMINATION On September 20, 1990, the Shoreham-Mading 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 determinatioli 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 Coaxiasion isuued its decinion in LQn5LlalAnti LightirlsLCo. (Shoreham Nuclear Power Station, Unit 1), CLI-91-01, 33 NRC (Slip Op. Jan. 24, 1991) holding among other things, that "a POL may ba issued without any preliminary or final decommissioning information," (gl.in,_QL. at
- 2) over Chairman Carr's strong and clear dissent.
Elio 00, 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, i
9103060006 910211 PDR ADOCK ODOOO3P2 g
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. therefore, cannot be the subject of a final no significant hazards consideration determination.
Ett 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 "likely be found to involve significant hazards consideration,"
since it involves "(a) significant relaxation of the criteria used to established safety limits," "[a] significant relaxation of the bases for limittiig 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 red. 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, i
February ).1, 1991 m
es P. McGranary,
, Lohnes & Albe on Suite 500 1255 Twenty-Third Street, N.W.
Washington, D.C. 20037 (202) 857-2929 Counsel for the Petitioners shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy, Inc.
UNTI11D STATES OF AMERICA NUCLEAR REGUIATORY COMMISSION
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In the Matter of
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Docket No. 50 322
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Consideration of Issuance of Amendment Ucense No. NPF 82 To Facility Operating Ucense and Propor.ed No Significant Huards Consideration Determination and
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Opportunity for Hearing; Long Island
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Ughting Co. (Defueled Operating
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Ucense) (55 Fed. Reg. 34098, August 21,1990))
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CERTIFICATE OF SERVICE 1 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 mail, postage prepaid on this lith day of February,1991:
Atomic Safety and Ucensing Appeal Board Administrative Judge U.S. Nuclear Regulatory Commi!.sion 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. Kilne Atomic Safety and Ucensing Board Administrative Judge U.S. Nuclear Regulatory Commission George A. Ferguson Washington, D.C. 20555 ASLUP 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. 20004 l
2 Stephen A. Wakefield, Esq.
Donald P. Irwin, Er,q.
General Counsel 11unton & 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 I.aw 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 Setvices 1400 L Street, N.W.
Office of Administration Washington, D.C. 20005 U.S. Nuclear Regulatory Comrdssion Washington, D.C. 20555 February 11,1991 Japy!s P. McGranery, Jr. pf Cctmsel for Petitioners Shoreham Wading River Central School District and Scientists and Engineers for Secure Energy, Inc.
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