ML20073A463
| ML20073A463 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/05/1991 |
| From: | Prodell A AFFILIATION NOT ASSIGNED |
| To: | |
| Shared Package | |
| ML20073A427 | List: |
| References | |
| OLA-2, NUDOCS 9104230215 | |
| Download: ML20073A463 (10) | |
Text
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UNITED STATES OT AMERICA 4
NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judgest Morton B. Margulies, Chairman Dr. George A. Targuson Dr. Jerry R. Kline
)
In the Matter of
)
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Docket No. 5 0-3 2 2-OLA-2 LONG ISLAND LIGHTING COMPANY
)
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Shoreham Nuclear Power-
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(Possession only License)
Station, Unit I)
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AFFIDAVIT OT ALBERT.G. PRODELL Albert G. Prode11,-being duly sworn, says as follows:
1 1..
I, Albert G. Prode11, reside at Remsen Road, Wading-River, New York 11792 which is about two miles from the shoreham l
i Huclear Power Station ("Shoreham Plant").
I have owned this i
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 suf ficiently threatened by the radiological hazard-and other enviror, mental inpacts of-the proposal to establish the requisite iraterest and standing for intervention as of right.
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2.-
I also own a sailboat noored at Brewer Yacht-Yard in Greenport which is'about. thirty-three miles from the Shoreham
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910423 2 5 910400 PDR A
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i 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 A.B.,
M.A., and Ph.D. in physics from Columbia University in New York and taught physics at Columbia University and Barnard College before taking a position at Brookhaven.
I presently work in the Accelerator Development Department at Brookhaven.
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 ne 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 witnin the boundaries of the School-District.
Thus, both I and the School District's students and employees regularly spend a considerable amount of time within.
the geographical tone utilized by HRC to determine whether 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.
I am presently the President of the Board of Education of the School District.
I have held this position for sixteen years.
As President, I am among those responsible not only for determining, 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.
6.
The School District's position has been that the decision to license the Shorenam Nuclear Power Station was a 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.
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7.
I also authorite the Schoo1 District to represent my personal intercsts, as described herein, in any proceedings to be held in connection with the Long Island Lighting Company _ _ _ _ _ - _ _ _ _ _ -
4 1
(" LI LC0") application for a possession only license amendment l
("the amendment") for the Shoreham Plant license.
t l
. 8.
I am concerned that the amendment would constitute another step in the decommissioning process presently underway at i
Shordham in violation of my rights, and those of the School l-District's students and employees, under the National Environmental Policy Act ("NEPA").
The amendment would reaffirm and. further the previous-NRC decisions allowing LILCO to reduce staffing and maintenance to a level clearly inconsistent with the terms of the full power operating license Lnd NRC regulations.
The School District submitted a 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 I
i request asserted that these actions should not be allowed to go
. forward before publication of a Tinal Environmental Impact F
Statement ("TEIS") pursuant to the dictates of NEPA and because they were inimical to the public health and safety.due to their inconsistency with LIL40's. license obligations as a full-power licensee.
On behalf of the School District and myself, I separately 1 reaffirm-that principle with-respect to the amendment.
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I do not.believe that any steps in furtherance.of-l Shoreham Plant's decommissioning-should be implemented until a
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TEIS evaluating, among other things, the direct and indirect impacts of, and alternatives to, the entire decommissioning i II I-
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4 proposal has been completed in compliance with the terms of NEPA and the NRC's own regulations 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 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 amendment also sets the stage for yet other actions in furtherance of decommissioning.
LILCO has applied for a license amendment to transfer of the plant to the Long Island Pcwer Authority.
The amendment is a further link in the 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 a further step in removing the plant from service which is part of
" decommissioning" as defined by the NRC regulations.
10.
The amendment also represents a threat to my, and the School District's students' and employees', personal radiological health and safety and to my and the School District's real and personal property in violation of my and their rights under the Atomic Energy Act of 1954, as amended, since neither the financial responsibility nor safety planning requirements of the.
4 regulations have been approved although they are prerequisites for the amendment.
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 neet ny needs and those of my family, the School District, 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 j
area and that there is inadequate reserve capacity for the l
growing electric energy demand of the area.
Thus, either the Shoreham plant 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 the shoreham plant thereby increasing our reliance on foreign oil and thus reducing the security of our energy supply, among other things.
These plants and the facilities needed to supply them with fuel will have a significant adverse impact on the local environment which includes pristine narshes and beaches.
They will also emit pollution lowering air quality in the region and contributing to global warming and acid rain.
These effects of the Shoreham plant's decommissioning will have detrimental effects on ny health and that of the School District's students and employees and on the quality of the natural environment in which I and they.-
live day-to-day.
This calls for serious consideration of the alternatives to decommissioning.
I am also concerned about the adverse economic 12.
consequences which will automatically follow from the decommissioning of the Shorehsm Plant.
Under the terms of the existing Agreement between LIbC'.e and the State of New York, the cost of electric energy will probably double over the next ten These outrageous rates combined with a drastic reduction years.
in tax levies (the taxes levied on the operable Plant constitute approximately 90% of the District's 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 alternatives for decommissioning mode, I believe my health, safety and environmental interests would be harmed by any actions inconsistent with mothballing the plant ("SAFSTOR").
I understand that the School District has been joined 14.
by SE, in seeking to intervene in hearings on other issues related to the proposal to decommissI5h the Shoreham Plant.
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 the Shoreham Plant.
I would favor 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 sognented proposals and actions are, in fact, part of a single proposal, are cumulatively significant, and have no utility independent of the decoraissioning proposal.
(s' N.
M LY Albert G.
Prodell en this [
day of [ du j SUBSCRIBED AND SWORN BEFORE ME,
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1991.
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Notary Public My Corcission expires:
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- M UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before Administrative Judges:
9)
Apa 10 ND 34 Morton B. Margulies, Chairman
,a<
Dr. George A. Ferguson Q'
,O w:
e Dr. Jerry R. Kline
)
In the Matter of
)
Docket No. 50 322 OLA.2
)
LONG ISLAND LIGHTING COMPANY
)
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(Shoreham Nuclear Power Station,
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(Possession Only License Unit 1
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Amendment)
)
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CERTIFICATE OF SER\\1CE 1 hereby certify that copies of the Amendment to Its Request for Hearing and Petition to Intervene by Shoreham Wading River Central School District and affidavit of Dr.
Albert G. Prodell, in the above captioned matter were served upon the following by
- first class mail, postage prepaid on this 8th day of April,1991:
Atomic Safety and Licensing Appeal Board Administrative Judge U.S. Nuclear Regulatory Commission Morton B. Margulies, Chairman Washington, D.C. 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Administrative Judge Washington, D.C. 20555 lerry R. Kline stomic Safety and 1icensing Board Administrative Judge U.S. Nuclear Regulatory Commission George A. Ferguson Washington, D.C. 20555 ASLBP 5307 Al Jones Drive Edwin J. Reis, Esq.
Columbia Beach, Maryland 20764 Deputy Assistant General Counsel for Reactor Licensing Stanley B. Klimberg, Esq.
Mitzi A. Young, Esq.
Executive Director and General Counsel Senior Supervisory Trial Attorney Long Island Power Authority Office of the General Counsel Suite 201 U.S. Nuclear Regulatory Commission 200 Garden City Plaza Washington, D.C. 20555 Garden, City, New York 11530 Carl R. Scnenker, Jr., Esq.
Stephen A. Wakefield, Esq.
Counsel, Long Island Pov er Authority General Counsel O'Melveny & Myers U.S. Department of Energy 55513th Street, N.W.
Washington, D.C. 20585 Washington, D.C. 20004 l
r s :'
2-
' Donald P. Irwin, Esqc Nicholas S. Reynolds, Esq.
Hunton & Williams David A. Repka, Esq.
Riverfront Plaza, East Tower Winston & Strawn-951 East Byrd Street 1400 L Street, N.W.-
Richmond, Virginia 23219 4074-Washington, D.C. 20005 Gerald C. Goldstein, Esq.
- Samuel A. Cherniak, Esq.
Office of General Counsel NYS _ Department of Law New York Power Authority Bureau of Consumer 1633 Broadwayc Frauds and Protection 4
New-York,'New York _10019 120 Broadway New York, New York 10271 q
m
<w jatnes P. McGranery, Jr. /// '
Counsel for Petitioner yf-Shoreham Wading River Central'
- School' District
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