ML20070H365

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Notifies of Opposition to Proposal from Chief Executive of Ny to Temporarily Store LLW on Grounds of Plant & Requests NRC Position Re Commercial Storage of LLW at Facilities Where LLW Not Originally Generated
ML20070H365
Person / Time
Site: FitzPatrick 
Issue date: 06/23/1994
From: James Mchugh
HOUSE OF REP.
To: Selin I, The Chairman
NRC COMMISSION (OCM)
Shared Package
ML20070H350 List:
References
NUDOCS 9407210240
Download: ML20070H365 (2)


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June 23,1994

= =m accum Mr. Ivan Selin Chairrnan, Nuclear ReBulatory Commission Washington, D.C.

20555 De&r Mr. Selin:

As you may Luuw, llee hic of New York will not have in place by June Mtn a wtified site cop 4ble of di>pusing of low-level radioacdve waste generatea rtom withm its boundaries. It is my understanding the location originally planned to provide such service, at West Valley, a State-owned facility in western New York, is no longer under consideration as a result oflocal community opposition to the proposal. As an altentative, the State's chief executive has suggested, su)posedly as a temporary measure, that low level radioactive waste could instead be stored on the grounds of another State-owned and operated nuclear power facii, the James A. FitzPatrick Nuclear Power Plant in Oswego, New York, which is ted in my 24th Congressional District.

I wish to express my vehement opposition to this proposal. Inasmuch as NRC i

approval would be necessary to store the low-level waste at this site, I thought it important to bring my concerns to your pemonal attention.

In 1989, the State of New York embarked upon an effort to locate a site to serve as its low-level radioactive waste storage facility. Oswego County was one of the communities initially considered by the State, but subseguently scratched from j

competition. The reasons for the County's elimination meluded the area's geological j

composition, groundwater aquifers, proximity to Lake Ontario, wetland impacts and severe weather conditions. The concerns which precluded Oswego County as a viable hx:ation ate as valid today as they were in 1989. I speak with some authority regarding this mauer inasmuch as at the time I was the elected state senator representing the Oswego community.

I have in my possession a copy of your August 1,1985 memorandum to all licensees regarding me commercial storage at power reactor sites of low-level radioactive waste not generated by the utility. I particularly note the comments regarding the NRC's opposition to any activity at a nuclear reactor which is not generally supportive of operations authorized by the license or construction permit and which may divert the attemion of licensee management fmm its primary task of safe operation or construction of the power reactor. Quite candidly, it is no secret that the New York Power Authonty's record at the FitzPatrick nuclear power plant represents less than a shining example of management proficiency and acumen. To even suggest adding ioac however "temporarity' - the burdens and responsibilities of managing a low-level rad waste site to a facilhy which has yet to demonstrate a consistent ability to effectively manage the generation of nuclear power is, at best, ludicrous and, at worst, dangerous.

9407210240 940714 PDR COMMS NRCC CORRESPONDENCE PDR

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Mr. Selin Page 2 In addition, inasmuch as any NRC approval would require an assessment of the environmental impsets of such a decision, I find it hard to believe the Commission woukt approve as a site for a low-level radioactive waste facility a location which was eliminated from the same consideration by a state commission punuing the same objective.

I would appreciate being advised of the NRC's current position regarding the commercial storage at power reactor sites of low-level radioactive waste not generated.by dic utility, Finally, I am troubled by the State of New York's reference to the Oswego County site as only " temporary." It is apparend the State is scrambling to cover itself in anticipation of the June 30th deadline. Unfortunately, we both know that what is initially termed " temporary" can take on a life of its own and become very permanent.

This must not be allowed to happened in Oswego County. The State's inability to successfully resolve the disposal of its low-level radioactive waste now prompts the Chief Executive to embark upon a proposal which will needlessly subject the residents of Oswego County and the surrounding areas to a nxkless ami potentially dangeruus initiative.

I urge the NRC reject any such ill-advised proposal received from New Yorit t

State.

Your personal attention to this matter is appreciated.

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4 Sincerely yours,

, L b. W.t Ld John M. McHugh 6

i Member of Congress JMM/jfk i

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