ML20076K772

Expresses Shock at Recent NRC Action Re Entitlement of Lilco to Low Power License Despite Existing Uncertainties Re Offsite Emergency Planning.Current Regulations Absurd, Inconsistent & Distressing.Careful Consideration Urged

ML20076K772
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	07/11/1983
From:	Cuomo M NEW YORK, STATE OF
To:	Cotter P Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, ISSUANCES-OL-3, NUDOCS 8307180082
Download: ML20076K772 (2)

Text

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• STATE or t'tw Yong JUL i 41983 > y ExecuTivc CHAMBcR Manso M. CuoMo ALBANY 12224 gggg&W' p G ov c e.,ca

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D July 11, 1983

Dear Mr. Cotter:

i The safety of our residents has been and continues to be my principal operations concern in New York.in the evaluation of nuclear power plant

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t I was, therefore, Regulatory Commission'sshocked (NRC) last week by the Nuclear Long Island Lighting Company ~(LILCO) opinion which states that the low power license "despite existing uncertainties is " entitled"about to a off-site emergency planning".

The determination that the Shoreham reactor could absence of an acceptable evacuation plan be allowed to fuel and was in themade in the face of

' the real possibility that operate commercially at full power.

the plant may never be permitted to -

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the absurdity and inconsistency of currentI believe the NRC action makes ap E governing nuclear cowar aparations. federal regulations The NRC's action demon- f strates again the crying need for clarification of the federal government's responsibility and accountability to those who ,-

must bear the burden of its regulatory scheme. ,.

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H the initiative I have undertaken with the appointmentThe of a of NRC's actio

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economi,c facility.

issues associated with the future of the ShorehamSpec [y[

Both the NRC and FEMA (,the Federal Emergency B Management deliberations.Agency) have been participating in the Panel's ig s

The NRC has seen fit to make a premature y jucgement'concerning the ultimate ability of State and local g governments to implement an emergency p'lan for Shoreham. ~

h may be less than that for full-power operation, there isWhile the m gi nevertheless E!

have been but a wassubstantial not addressed new by measure the NRC. of risk which should gj

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_2-I am relieved, however, that the Commissicn did nct actually. direct its Atomic Safety and Licensing Board te issue a low-power license for Shoreham. I believe further that the Board has acted prudently in seeking reasonable assurance from the utility that an emergency off-site plan would be approved before fuel loading was permitted to begin. .

Accordingly, I ask that the Atomic Safety and Licensing Board now refrain from recommending the issuance of a low-power license, at least until the Shoreham Fact-Finding Fanel has ccmpleted its work. In any event the Board's action will not prevent the Panel from conducting a complete and thorough examination o.f the , safety, econo ~mic and energy issues sur-rounding Shoreham.

'In implementing any authorization to operate at low power, I echo the NRC's dicta that LILCO's management would do so entirely at its own risk. There may be significcnt costs associated with low-power test'ing and operations. The allo-cation of these costs is entirely a matter for determination by the Public Service Commission. The PSC would have juris-diction to examine the propriety of a management decision to load fuel and conduct low-power testing in the face of, to use NRC's own words, " substantial uncertainties about ful.1 power operation of the plant".

I urge your most careful consideration of this important question.

S.ncerely, l?

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<e ,[.g ..g_ .g i.*e' * ? e' Honorable Paul Cotter Chairman Atomic Safety and Licensing Board .

! East-West Towers Building 4350 East-West Highway '

Bethesda,, Maryland 20555

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I l cc: Dr. Sunzio J. Palladino, Chairman, Nuclear Regulatory Commission

! Mr. Charles R. Pierce, Chairman and Chief Executive Officer,

Long Island Lighting Company e

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