ML20138N760
| ML20138N760 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 10/30/1985 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Beilenson A HOUSE OF REP. |
| Shared Package | |
| ML20138N762 | List: |
| References | |
| NUDOCS 8511060016 | |
| Download: ML20138N760 (5) | |
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%k UNITED STATES NUCLEAR REGULATORY COMMISSION E
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OCT 3 01985 W 3N
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The Honorable Anthony C. Beilenson U.S. House of Representatives Washington, DC 20515
Dear Congressman Beilenson:
This letter responds to your letter of October 7,1985, in which you request a reply to a letter to you from Ms. Anna W. Nadler, dated September 20, 1985, concerning the licensing of the Shorpham nucir p-ralank Specifically, Ms. Nadler inquired as to why the Nuclear Regulatory Commission (NRC) permitted Long Island Lighting Company (LILCO) to build the Shoreham plant when 't now appears that the plant may not be utilized.
The Atomic Energy Act provides a two stage process for the licensing of.
comercial nuclear power reactors. The first stage of this process involves a determination as to whether a construction permit may be issued, while the second stage focuses on whether an operating license may be issued.
In April 1973, after extensive evidentiary hearings had been conducted, the Atomic Energy Commission (predecessor to the NRC) issued a construction permit for Shoreham, thereby allowing the plant to be built. At that time, LILC0 was found to have complied with all applicable laws and regulations governing the issuance of such construction permits, including existing requirements relating to emergency planning for radiological accidents.
Following the accident at Three Mile Island in March 1979, the NRC's regulations relating to emergency planning for radiological accidents x
were extensively revised and expanded. Operating license applicants were required to submit the emergency plans of State and local governments with jurisdiction over areas lying within the 10-mile plume exposure pathway emergency planning zone (EPZ) for review by the Federal Emergency Management Agency (FEMA) and ultimate approval by the NRC. Significantly, comencing in 1982, Suffolk County (the county in which the Shoreham plant is located) l and the State of New York detennined that they would oppose LILC0's efforts to obtain an operating license for the Shoreham plant, based upon Suffolk l
County's belief that the populace within the vicinity of the Shoreham plant could not be safely evacuated in the event of a radiological accident.
Extensive hearings were held on LILC0's application for an operating license. With respect to all contested environmental and health and safety issues other than emergency planning, the Comission and its adjudicatory l
8511060016 851030 PDR ADOCK O H
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_2 boards determined that the Shoreham facility is in compliance with Federal laws and regulations and may be licensed to operate. On that basis, and because offsite emergency planning is not required for low levels of power operation, a low pcwer license (for levels up to 5% of rated power) was issued to LILC0 in July 1985.
With respect to emergency planning, an NRC Licensing Board and the Federal Emergency Management Agency have now determined that LILC0 has satisfied virtually all applicable regulatory requirements. However, Suffolk County and the State of New York continue to refuse to participate in offsite emergency planning for the plant, and a New York State court has determined that LILC0 is prohibited by State law from implementirg its own offsite emergency plan. An NRC Licensing Board and Appeal Board have determined, as a matter of law, that the State laws in question are not preempted by Federal law; LILC0 is likely to seek a review of this determination by the Commission, and possibly by the Courts, in the near future. However, in view of the current state of the law, as determined by the NRC's adjudicatory boards, and because an implementable offsite emergency plan is vital in order to provide reasonable assurance as to the adequacy of emergency planning for a nuclear reactor, it is presently unclear whether LILC0 will be able to obtain a license to operate the Shoreham plant in the absence of further adjudicatory or legislative action.
Please do not hesitate to contact me in the event you or Ms. Nadler have any additional questions.
Sincerely, jSgmD Wimm J.Dheks William J. Dircks Executive Director for Operations Distribution:
EDO (001072)
GCunningham E00 Reading EChristenbury SECY (85-850)
EReis OCA BBordenick Docket 50-322 RPerlis PDR STurk LPDR LDewey TMurley, Reg.I RPirfo HDenton, NRR RGoddard ELD Formal File LMcDonald OM RCaruso, NRR
- Previously concurred
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NAME :BMBordenick:ll * :SETurk *
- ESchristenbury * :GHCunningham
- WJDi DATE :10/25/85
- 10/25/85
- 10/ 25f85
- 10/1T/85 10/
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, boards determined that the Shcreham facility is in compliance with Federal laws and regulations and may be licensed to operate. On that basis, and because offsite emergency planning is not required for low levels of power operation, a low power license (for levels up to 5% of rated power) was issued to LILC0 in July 1985.
4 With respect to emergency planning, an NRC Licensing Board and the Federal Emergency Management Agency have now determined that LILCO has satisfied virtually all applicable regulatory requirements. However, Suffolk County and the State of New York continue to refuse to participate
.in offsite emergency planning for the plant, and a New York State court has determined that LILC0 is prohibited by State law from implementing its own offsite emergency plan. An NRC Licensing Board and Appeal Board have determined, as a matter of law, that the State laws in question are not prempted by Federal law; LILC0 is likely to seek a review of this determination by the Commission, and possibly by the Courts, in the near future. However, in view of the current state of the law, as determined by the NRC's adjudicatory boards, and because an implementable offsite emergency plan is vital in order to provide reasonable assurance as to the adequacy of emergency planning for a nuclear reactor, it is presently unclear whether LILC0 will be able to obtain a' license to operate the Shoreham plant in-the absence of further adjudicatory or legislative action.
Please do not hesitate to contact me in the event you or Ms. Nadler have any additional questions.
Sincerely, IDM6?!!am L Dircks William J. Dircks Executive Director for Operations Distribution:
EDO (001072)
GCunningham EChristenbury EDO Reading )
SECY (85-850 EReis OCA BBordenick
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Docket 50-322 RPerlis PDR STurk LPDR LDewey TMurley, Reg.I RPirfo HDenton, NRR RGoddard ELD Formal File LMcDonald RCaruso,- NRR P.
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NAME :BMBordenick:ll
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6 DATE :10/25/85
- 10/25/85
- 10/J/85
- 10/ /85 10/ /85 1
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EDO PRINCIPAL CORRESPONDENCE CONTROL
~
_ _ _ _ _ _ - - = = - -
FROM:
DUE: 10/24/85 FDO CONTROL: 001072 DOC DT: 10/07/85 FINAL. RFPLY:
REP. ANTHONY C.
BEILENSON TO:
NRC FOR SIGNATURE OF:
GREEN SECY NO: 85-850 EkECUTIVE DIRECTOR DESC:
ROUTING:
ENCLOSES LETTER FROM ANNA W.
NADLER RE HER MONEY MllRtEY 4
BEING TIED UP IN QL,CO_AND PLANT NOT BEING DENTON ALLOWED TO BE USED DATE: 10/09/85 ASSIGNED TO: El D CONTACT: CUNNINGHAM SPECIAL INSTRUCTIONS OR-REMARKS:
MARK ENVELOPE ATTN: ANITA SAVAGE tsb ') ? ' 6
Rip Anthony B2ilcnsen CORRESPONDENCE CONTROL TICKET SECY NUMBER:
85-850 LOGGING DATE 10/8/85 0FFICE OF THE SECRETARY ACTION OFFICE:
EDO AUTHOR:
Rep Anthony Beilsenson--Lnnst Ref AFFILIATION:
Anna W. Nadler LETTER DATE:
10/7/8S FILE CODE ADDRESSEE:
NRC
SUBJECT:
Complains >about investments tied up in the LILC0 ACTION:
Direct Reply... Suspense: Oct 18 DISTRIBUTION:
OCA to Ack SPECIAL HANDLING:
None SIGNATURE DATE:
FOR THE COPetISSION Champ Rec'd Ott, gg
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EDO --- 001072
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