ML20100K246
| ML20100K246 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/09/1985 |
| From: | Irwin T HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#285-475 OL, NUDOCS 8504120346 | |
| Download: ML20100K246 (10) | |
Text
,
s y
LILCO,AprilW,j<ff985
(;
~
.n
'85 APR 10 P3:26 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
(;FRCE !". d?.t. TAR i' 00cM.R.G A SE?V;M 3 -:/.N CH Before the Commission In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL
)
(Shoreham Nuclear Power Station, )
Unit 1)
)
LILCO'S REPLY TO NEW YORK /SUFFOLK COUNTY MOTION FOR-IMMEDIATE INVESTIGATION OF "60 MINUTES" BROADCAST
~
LILCO responds here to the March 27, 1985 " Motion of New-York State-and Suffolk County for Immediate Investigation of Allega-tions Contained in '60 Minutes' Broadcast."
The broadcast refer-red'to occurred on March 24, 1985.and concerned Shoreham; a copy of the transcript is attached to the Motion.
The Motion contains essentially three requests:
(1) immedi-ate NRC investigation of allegations contained in the "60 Minutes" broadcast; (2) participation by New York State and Suffolk County in " framing a protocol" for the investigation; and (3) cessation of any Shoreham-related licensing matters pending " completion and public scrutiny" of the NRC's investigation.
The Motion is in substance a request for. investigation of a series of late-filed allegations, and should be treated in accordance with the g41 p
s
=
9 3
e 4 Commission's Statement of Policy:
Handling of Late Allegations, 50 Fed. Rec. 11030 (March 19, 1985).
The Policy Statemerit was developed in response to the Commis-sion's experience in a number of recent cases of. allegations being filed."very shortly before, and in some cases on the eve of, the date on which to authorize the issuance of an operating license was to be made."
It specifies procedural and substantive criteria to be used in initial screening and, if warranted, further review of late-filed allegations.
The Policy Statement specifies the following criteria for initial screening:
1.
Timeliness:
"Any person who has an allegation concerning the design, construction, operation or management of a nuclear power station has a duty to bring such information to the Commis-sion's attention as promptly as possible."
(50 Fed. Rec. at 11031 col. 2.)
2.
Specificity:
All allegations should be " specific and documented to the fullest extent possible."
(1d.)
3.
Materiality:
The allegations must, if true, " require de-nial of the license sought, the imposition of additional condi-tions on such' license, or further analysis or investigation."
s(id, cols. 2-3.)
4.
Originality /Non-cumulativeness:
The information pres-1 ented in'the allegations must be "new in the sense of raising a matter not previously considered or tending to corroborate j
i
-. 4-
'previously considered but not yet resolved allegations," on the basis of "all information available to the Commission," whether that information is in the formal licensing record or not.
(Id.
col. 3.)
Only allegations which meet the four tests outlined above are to be inquired into further.
Id.
In making this determination, the Commission may make use of "all information available including that previously provided by an applicant or licensee and that obtained by the Commission in'the course of its review and inspection efforts or from its investigation of prior allega-tions."
Id.
'As is briefly shown immediately below, none of the allega-tions made on "60 Minutes" meets the four threshold tests.
LILCO firmly believes that there is nothing in the allegations which raises legitimate concerns not already inquired into in minute de-tail in Shoreham's already hyperextended licensing process.
Fur-ther, LILCO believes that all material necessary to resolve them has been previously presented to and evaluated by the Commission, sometimes repeatedly, through the Regulatory Staff, the I&E Branch and possibly other branches, by Licensing Boards, and by other government agencies.
Thus the allegations should be resolvable
.now by-the Commission without need for further ado, and LILCO of-fers the following summary observations on them:l/
1/
The remarks of Governor Cuomo relating to his administra-tion's desire to resolve Shoreham's fate to the exclusion of (footnote continued)
?
- q. 4 1.
-Messrs. Henry and McCrystal (and-interstitial cuestions and comments by Mr. Bradley / (paces 1-6):
The NRC, like the FBI 2
and the Suffolk' County legislature, has already heard and evalu-
.ated these men's allegations more than once.
Unless the "60 Minutes" segment contributes substantial new material -- and LILCO knows of no basis to believe that it does -- these televised reci-tations are merely cumulative of information already presented, as well as being nonspecific in all potentially material areas and inexcusably untimely.
2.
Lieutenant Remo Francesini (pp. 6-8):
Nothing in Lieu-tenant Francesini's generalized allegations of union corruption in the construction industry appears to bear specifically on anything related to the design, construction or operation of safety-related systems at Shoreham.
Nothing in them is alleged to be new; in-deed, the contrary appears to be the case.
In short, Lt.
Francesini's allegations do not pass the tests of timeliness, spe-cificity or materiality.
3.
Ken McCallion (pp. 8-10):
Mr. McCallion's statement, describing the career of labor leader Daniel Cunningham, former (footnote continued)
'other duly constituted governments, and those of Suffolk County legislator Wayne Prospect merely rehashing one view of past ne-gotiations over physical inspections of Shoreham, are purely political or philosophical in nature and do not warrant staff scrutiny as late-filed allegations.
2/-
In each of the following items, the questions and inter-stitial comments by Mr. Bradley are included in LILCO's com-ment.
l
~
0: 4.
head of the union.in charge of industrial construction-site (not nuclear) security at Shoreham, contains nothing allegedly related to the safety of Shoreham, or allegedly new.
Thus his story does not meet the tests of relevance, materiality, specificity or time-liness.
4.
Messrs. Henry and McCrystal (op. 10-13):
Their allega-tions concerning quality *ontrol and the TDI diesels are all al-ready known, to LILCO's k towlege and belief, to the NRC and the i
FBI.
Unless there is new material presented here which itself warrants further investigation, it is merely cumulative of earlier statements by them.
Furthe r',
the statements are untimely given the dates when the events are alleged to have occurred and the al-legers contemporaneous knowledge of them.
5.
Messrs. Bradley and Prospect (pp. 13-14):
Discussions of access to Shoreham by-third parties (like "60 Minutes") do not re-late to the plant's safety; nor does a one-sided rehashing of ne-gotiations which ended three years ago.
The discussion is irrele-vant and immaterial to safety issues at Shoreham, and untimely.
The-discussion of concrete supplies at Shoreham contains no alle-gation that the concrete actually used at Shoreham was defective.
In addition, the NRC and other agencies have been investigating the quality of concrete used at Shoreham ever since allegations were first made about criminal involvement in the concrete indus-try.
The current allegations fail the tests of relevance, materi-l ality, specificity and non-cumulativeness.
i
. g 6.
Governor Cuomo (pp. 14-15):
Governor Cuomo's political philosophy as applied to Shoreham is a matter for public policy debate, but does not itself provide any basis for Staff inquiry into late-filed allegations.
The matter's potentially relating to safety at Shoreham have already been inquired into by the Staff, by NRC Licensing Boards, and by other governmental agencies.
Their recapitulation on "60 Minutes" contains no grist for further inquiry.
Further, they have already been sufficiently presented to the Commission, LILCO believes, to enable it to so determine.
To the extent that any further inquiry is, desired by the Commission, it should be done as an initial screening of allegations under the Policy Statement.
The Motion asks for a " joint protocol" for investigation, involving participation by New York State and Suffolk County.
The Commission should reject this proposal for two fundamental rea-sons.
First, to the extent that the "60 Minutes" allegations raise any matters potentially cognizable by the Commission, they deal with the effects of alleged defects in the design or con-struction of the plant on the protection of the public against ra-diological hazards.
This is a radiological health-and-safety mat-ter within the exclusive province of the NRC.
Second, New York State and Suffolk County are avowed antagonists of LILCO in this proceeding.
For them to add the role of judge to their role of antagonist, sitting or assisting in judgment of the merits of m
r
- . i allegations as well as advocating views on their merits, would deny.LILCO due process of law.
Finally, the Motion asks that all Commission proceedings be halted pending disposition of the issues allegedly raised by the "60 Minutes" broadcast.
.The Policy Statement sets forth, 50 Fed.
Req. at 11032 col. 1, a mechanism for reconciling review of late-filed allegations with the needs and equities of the licensing process.
Under that mechanism, allegations not found to be safety significant will be resolved in the normal course of business independent of license issuance.
Given the nature and circum-stances of the "60 Minutes" allegations, LILCO suggests that meth-od for resolution of any allegations which are felt to need fur-ther inquiry.
Respectfully submitted, LONG' ISLAND LIGHTING COMPANY
^
T. S.
Ellis, III, Esq.
Donald P.
Irwin Anthony F. Earley, Jr.
Hunton & Williams P.O. Box 1535 Richmond, Virginia 23212 DATED:
April 9, 1985 l
t
LILCO, April.9, 1985 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY DCMM (Shoreham Nuclear Power Station, Unit 1) citac Docket No. 50-322-OL I' hereby' certify that copies' of LILCO'S REPLY 1Mi Wes10 P3:2<6.
~
YORK /SUFFOLK COUNTY MOTION FOR IMMEDIATE INVESTIGATION OF 60.
lowing.by MINUTESBROADCASTwereservedthisdateuponthefg(h(,QExpreh['
U.S.(mail,:first-class, postage prepaid, or by Fed (as indicated by an.astertsk).
BRANCH Chairman Nunzio J. Palladino*
Judge Glenn O. Bright United States Nuclear Atomic Safety and Licensing Regulatory Commission Board, United States-1717 H Street Nuclear Regulatory Commission Washington, DC 20555.
Fourth Floor East-West Towers (West Tower)
Commissioner James K. Asselstine*
4350 East-West Highway United States Nuclear Bethesda, MD 20814 Regulatory Commission 1717 H Street, N.W.
Judge Elizabeth B. Johnson Washington, DC 20555 Oak Ridge National Laboratory Building 3500 Commissioner. Frederick M. Bernthal*
P.O. Box X United States Nuclear
.0ak Ridge, TN 37830
. Regulatory Commission 1717 H Street, N.W.
Edwin J. Reis, Esq.
Washington, DC 20555 Bernard M. Bordenick, Esq.
Office of the Executive Commissioner Thomas M. Roberts
- Legal Director United States Nuclear United States Nuclear Regulatory Commission Regulatory Commission 1717 H Street, N.W.
Maryland National Bank Building
, Washington, DC. 20555 7735 Old Georgetown Road Bethesda, MD 20814 Commissioner Lando W. Zech, Jr.*
United States Nuclear Herbert H. Brown,-Esq.*
Regulatory Commission Alan R. Dynner, Esq.
1717 H Street, N.W.
Lawrence Coe Lanpher, Esq.
Washington, DC '20555 Kirkpatrick & Lockhart 8th Floor Judge James L. Kelley,.
1900 M Street, N.W.
' Chairman, Atomic Safety Washington, DC 20036
-and' Licensing Board United States Nuclear-Fabian Palomino, Esq.*
Regulatory Commission Special Counsel to the Governor Fourth Floor Executive Chamber, Room ~229 East-West Towers (West Tower)
State Capitol 4350 East-West Highway-Albany, NY 12224 Bethesda, MD 20814
e 1 4 James B. Dougherty, Esq.
Dr. Peter A. Morris 3045 Porter Street Administrative Judge Washington, DC 20008
. Atomic Safety and Licensing Board, United States Martin Bradley Ashare, Esq.
Nuclear Regulatory Commission Suffolk County Attorney Washington, DC 20555 H. Lee Dennison Building Veterans Memorial Highway Dr. George A. Ferguson Hauppauge, NY 11788 Administrative Judge Atomic Safety and Licensing Stephen B.
Latham, Esq.
Board Panel John.F. Shea, Esq.
School of Engineering Twomey, Latham & Shea Howard University 33 West Second Street 2300 6th Street, N.W.
Riverhead, NY 11901 Washington, D.C.
20059 The Honorable Peter Cohalan Atomic Safety and Licensing Suffolk County Executive Appeal Board Panel County Executive /
U.S. Nuclear Regulatory Legislative Building Commission Veterans Memorial Highway Washington, D.C.
20555 Hauppauge, NY 11788 Atomic Safety and Licensing Jay Dunkleberger, Esq.
Board Panel New York State Energy Office U.S. Nuclear Regulatory Agency Building 2 Commission Empire State Plaza Washington, D.C.
20555 Albany, NY 12223 Jonathan D. Feinberg, Esq.
Mr. Martin Suubert New York State c/o Congressman William Carney Department of Public Service 1113 Longworth House Office Three Empire State Plaza Building Albany, New York 12223 Washington, DC 20515 Morton B. Margulies, Chairman Docketing (and Service Atomic Safety and Licensing Branch 3)
Office of the Secretary Board United States Nuclear U.S. Nuclear Regulatory Regulatory Commission Commission 1717 H Street, N.W.
East-West Tower, Rm. 402A Washington, DC 20555 4350 East-West Hwy.
Bethesda, MD 20814 Judge Lawrence J.
Brenner, Esq.
Chairman Dr. Jerry R. Kline Atomic Safety and Licensing Atomic Safety and Licensing Board, United States Board Nuclear Regulatory Commir.sion U.S. Nuclear Regulatory Washington. DC 20555 Commission East-West Tower, Rm. 427 i
4350 East-West Hwy.
Bethesda, MD 20814
(..
)~ \\
Mr. Frederick J..Shon Stewart M. Glass, Esq.
Atomic Safety and Licensing Regional Counsel Board Federal Emergency Management U.S. Nuclear Regulatory Agency Commission 26 Federal Plaza, Room 1349 East-West Tower, Rm. 430 New York, New York 10278 4350 East-West Hwy.
Bethesda, MD 20814 Herzel Plaine, Esq.
U.S. Nuclear Regulatory MHB Technical Associates Commission 1723 Hamilton Avenue 10th Floor Suite K 1717 H Street, N.W.
San Jose, California 95125 Washington, D.C.
20555 Spence W. Perry, Esq.
Associate General Counsel Federal Emergency Management Agency 500 C Street, S.W., Room 840 Washington, D.C.
20472 sti(?
' Donald P.
Irwin Hunton & Williams P.O. Box 1535 Richmond, Virginia 23212 DATED:
April 9, 1985 R
- m..m..
.m.
.a