ML20148S334

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Responds to 880216 Referral Re Inquiry from B Lohmiller Concerning Problems Associated W/Licensing of Plant. Lohmiller Statement That on 880203 NRC Denied Util License to Operate Incorrect.Nrc Licensing Review Continuing
ML20148S334
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 04/11/1988
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Deconcini D
SENATE
Shared Package
ML20148S339 List:
References
NUDOCS 8804180322
Download: ML20148S334 (15)


Text

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  • C APR 1 1 1988 The Honorable Dennis DeConcini 5 8 3 7 2-United States Senate Washington, D.C.

20510

Dear Senator DeConcini:

This is in response to your referral, dated February 16, 1988, of an inquiry from Mr. Benedikt Lohmiller.

Although addressed to the U.S. Nuclear Regulatory Commission (NRC), there is no record that Mr. Lohmiller's letter was received.

In his letter, Mr. Lohmiller expressed his concern about the problems associated with the licensing of the Shoreham nuclear power plant.

His statement that, on February 3,1988, the NRC denied Long Island Lighting Company (LILCO) a license to operate its Shoreham plant is incorrect.

The NRC's licensing review of the Shoreham application is continuing.

I believe Mr. Lohmiller is referring to a Partial Initial Decision, dated February 1,1988, by the NRC's Atomic Safety and Licensing Board ( ASLB). The ASLB found that fundamental flaws existed in the full-participation exercise on February 13, 1986, of the Shoreham offsite emergency plan.

On March 14, 1988, LILC0 filed an appeal of this decision before the Atomic Safety and Licensing Appeal Board (ASLAB).

The NRC staff intends to support certain portions of LILCO's appeal.

In addition to the above appeal, other Shoreham-related licensing activities are proceeding.

They include ASLB hearings on the remaining remanded issues (hospital evacuation, school bus driver role conflict, and emergency broadcast system) are scheduled to begin on May 16, 1988.

An ASLB hearing on the legal authority issues is scheduled to begin at least one week after completion of the remanded issues hearings mentioned above.

The ASLB appointed an alternate board member to assist in addressing LILCO's July 14, 1987 request for authorization to operate the Shoreham plant at power levels up to 25 percent of full-rated power.

4 An ASLAB hearing on LILCO's appeal of certain portions of the December 7, 1987 ASLB Partial Initial Decision, which found the scope of the February 13, 1986 exercise insufficient to serve as a basis for issuance of a full-power operating license, is scheduled for April 78, 1988.

Ovi March 7, 1988, the NRC staff filed a brief in support of LILC0's aopeal.

The Federal Emergency Management Agency and the NRC staff are reviewing the latest revision of the Shorehen offsite emergency plan.

A second exercise based on the revised plan is tentatively scheduled for mid-June

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. i I wish to assure you that the NRC staff is processing the Shoreham license application on a high-priority basis and currently projects completion of the work by the spring of.1989. At that time the staff will forward its findings and recomandations to the NRC Comissioners.

This schedule assumes timely resolution of the remaining emergency planning issues within the framework of the NRC's recent revision to its emergency planning rule, 10 CFR 50.47. The revised rule provides criteria for evaluation of utility-prepared emergency plans for situations in which State and/or local governments decline to participate further in energency planning.

The NRC Commissioners will then decide, on tha basis of the merits of the case, whether operation of the Shorehan plant would pose an undue risk to the public health or safety.

I hope this information will help correct any misunderstandings about the current licensing status of the Shoreham plant.

Sincerely, Original signed b'/

yictog St el19,V Victor Stello, Jr.

Executive Director for Operations DISTRIBUTION Docket File NRC PDR Local PDR EDO #003589 EDO rf TEMurley/JHSniezek FMiraglia SVarga/BBoger WRutler M0'Brien SRrown/GRivenbark CA SECY DMossburg PDI-2 Reading OGC Russell Murray Martin Gillespie Tech Editor-MMejac Previously concurred

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and recomendations tdsthe NRC Comissioners.

This schedule assumes timely resolution of the New Ybrk State and local governments' emergency planning concerns in terms of NRC % recent revision to its emergency planning rule, 10 CFR 50.47.

The revised rulp provides criteria for evaluation of utility-preparedenergencyp(ansforsituationsinwhichStateand/orlocal governments decline to participate further in emergency planning.

The NRC Commissioners will then decide \\ on the basis of the nerits of the case, whether operation of the Shoreham plant' ould pose an undue risk to the public health or safety.

I hope this information will help c rrect any misunderstandings about tne current licensing status of the Shor ham plant.

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Sincerely, l

Victor Stello, Jr.

Executive Director j

for Operations DISTRIBUTION Docket File NRC PDR Local PbR EDO #003589 ED0 rf TEMurley/JHSniezek FMiraglia SVarga/BBoger WButler M0'Brien SBrown/GRivenbark CA SECY DMossburg PDI-2 Reading OGC Russell Murray

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O I wish to_ assure you that the NRC staff is processing the Shoreham license application _on a high-prior-ity basis and currently projects completion of the work by the spring of 1989.

At that time the staff will forward its findings and recommendations to the NRC Connissioners.

This schedule assumes timely resolution of the New York State and local governments' emergency planning s

concerns in terms of WC's recent revision to its emergency planning rule, 10 CFR 50.47. The revirad rule provides criteria for evaluation of utility-prepared emergency plans for situations in which State and/or local governments decline to p'articipate further in emergency planning.

The NRC Connissioners will then decide, on the basis of the merits of the case, whether i

operation of the Shoreham plant would pose an undue risk to the public health or safety.

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I hope this information will help, correct any misunderstandings about the current licensing status of the Shoreham plant.

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Victor Stello, Jr.

Executive Director for Operations DISTRIBUTION i

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I wish to assure you that the NRC staff is processing the Shoreham license application on a high-priority basis and currently projects completion of the work by the spring of 1989.

At that time the staff will forward its findings and recomendations to the NRC Cornissioners.

This schedule assumes timely resolution of the New York State and local governments' emergency planning concerns in terms of NRC's recent revision to its emergency planning rule,10 CFR 50.47.

The. revised rule provides criteria for evaluation of utility-prepared emergency plans for situations in which State and/or local governments decline to participate further in emergency planning. The NRC Cornissioners will then decide, on the basis of the terits of the case, whether operation of the Shoreham plant would pose an undue risk to the public health or safety.

I hope this information wkil help correct any misunderstandings about the current licensing status of the Shoreham plant.

s Victor Stello, Jr.

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. I wish to assure you that the NRC staff is processing the Shoreham license application on a high priority basis and currently projects completion of the work by the Spring of 1989. At that time the staff will forward it's findings and recommendations to the Commission. This schedule assumes timely resolution of the New York State and local governments' emergency planning concerns, in terns of the Commission's recent "realism" rule.

This "realism" rule relies on the expectation that public officials will act aggressively to protect the health and safety of the public during any emergency, including those that involve nuclear power plants.

The Commission will then decide based on the merits of the case whether operation of the Shoreham plant would pose an undue risk to the public health or safety.

I hope this information'will help correct any misunderstandings about the current licensing status of the Shoreham plant.

l Victor Stello, Jr.

Executive Director for Operations DISTRIBUTION Docket File NRC PDR tocal 70R ED0 #003589 EDO rf t{Murley/JHSniezek FMiraglia SVarga/BBoger WB tier M0'Brien SBrown/GRivenbark CA SECY DMossburg PDI Reading 0GC Russell Murr Martin Gillespie Tech itor PDI-2/PM Tech Editor PDI-2/D dry /ADRI DRP/DRI OGC SBrown:mr

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i 1 I wish to assure you that the NRC staff is processing the Shoreham license aoolication on a high-priority basis and currently projects completion of the work by the spring of 1989.

At that time the staff will forward its findings and recomandations to the NRC Comissioners.

This schedule assures timely resolution of the remaining emergency planning issues within the framework of the NRC's recent revision to its emergency planning rule, 10 CFR 50.47.

The revised rule provides criteria for evaluation of utility-prepared emergency plans for situations in which State and/or local governments decline to participate further in energency planning.

The NRC Commissioners will then decide, on tha basis of the merits of the case, whether coeration of the Shorehan plant would pose an undue risk to the public health or safety.

I hope this information will help correct any misunderstandings about the current licensina status of the Shoreham plant.

Sincerely, Origiral signed by i

Victor St 0110 Victor Stello, Jr.

Executive Director for Operations DISTRIBUTION Docket File NRC PDR Local POR ED0 (003589 EDO rf TEMurley/JHSniezek FMiraglia SVarqa/BBoger WRutler M0'Brien SRrewn/GRivenbark CA SECY DMossburg PDI-? Reading 0GC Russell Murray Martin Gillespie Tech Editor-MMejac h

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APR 11888 The Honorable Dennis DeConcini United States Senate Washington, D.C.

20510

Dear Senator DeConcini:

This is in response to your referral, dated February 16, 1988, of an inquiry from Mr. Panecikt Lohmiller.

Although addressed to the U.S. Nuclear Regulatory i

Commission (NPC), there is no record that Mr. Lohmiller's letter was received.

In his letter, Mr. Lohmiller expressed his concern about the problems associated with the licensing of the Shoreham nuclear power plant.

His statement that, on February 3, 1988, the NRC denied Long Island Lighting Company (LILC0) a license to operate its Shoreham plant is incorrect.

The NRC's licensing review of the Shoreham application is continuing.

I believe Mr. Lohmiller is referring to a Partial Initial Decision, dated February 1,1988, by the NRC's Atomic Safety and Licensing Board (ASLB).

The ASLB founo that fundamental flaws existed in the full-participation exercise on February 13, 1986, of the Shoreham offsite emergency plan. On March 14, 1988, l

LILC0 filed an appeal of this decision before the Atomic Safety and Licensing Appeal Board (ASLAB).

The NRC staff intends to support certain portions of LILC0's apreal.

1 In addition to the above appeal, other Shoreham-related licensing activities are proceeding.

They include j

ASLB hearings on the remaining remanded issues (hospital evacuation, school bus driver role conflict, and emergency broadcast system) are schejuled to begin or, May 16, 1988.

An ASLB hearing on the legal authority issues is scheduled to begin at least one week after completion of the remanded issues hearings mentioned above.

The ASLB appointed an alternate board member to assist in addressing LILC0's July 14, 1987 request for authorization to operate the Shoreham plant at power levels up to 25 percent of full-rated power.

An ASLAB hearing on LILC0's appeal of certain portions of the December 7, 1987 ASLB Partial Initial Decision, which found the scope of the February 13, 1986 exercise insufficient to serve as a basis for issuance of a full-power operating license, is scheduled for April 28, 1988.

On March 7, 1988, the NRC staff filed a brief in support of LILC0's aopeal.

The Federal Emergency Management Agency and the NRC staff are reviewing the latest revision of the Shoreham offsite emergency plan.

A second exercise based on the revised plan is tentatively scheduled for mid-June 1988.

6 l

2-I wish to assure you that the NRC staff is processing the Shoreham license application on a high-priority basis and currently projects completion of the work by the spring of 1989. At that time the staff will forward its findings and recommendations to the NRC Commissioners.

This schedule assumes timely resolution of the remaining emergency planning issues within the framework of the NRC's recent revision to its emergency planning rule,10 CFR 50.47.

This revised rule provides criteria for evaluation of utility-prepared emergency plans for situations in which State and/or local governments decline to participate further in emergency planning. The NRC Commissioners will then decide, on the basis of the merits of the case, whether operation of the Shoreham plant would pose an undue risk to the public health or safety.

I hope this information will help correct any misunderstandings about the current licensing status of the Shoreham plant.

Sincerely, Victor Stello, Jr.

Executive Director for Operations

1 I wish to assure you that the NRC staff is processing the Shoreham license acolication on a high-priority basis and currently projects completion of the work by the spring of 1989.

At that time the staff will forward its findings and reconnandations to the NRC Comissioners.

This schedule assures timely resolution of the remaining emergency planning issues within the framework of the NRC's racent revision to its emergency planning rule, 10 CFR 50.47.

The revised rule provides criteria for evaluation of utility-prepared emergency plans for situations in which State and/or local governments decline to participate further in energency planning.

The NRC Commissioners will then decide, on tha basis of the merits of the case, whether ooeration of the Shorehan plant would poso an undue risk to the public health or safety.

I hope this information will help correct any misunderstandings about the current licensino status of the Shoreham plant.

Sincerely, 0-igire.1 signed by yictor Stello Victor Stello, Jr.

Executive Director for Operations DISTRIBUTION Docket File NRC PDR Local PDR ED0 8003589 EDO rf TEMurley/JHSniezek FMiraglia SVarqa/BBoger WRutler M0'Brien SRrown/GRivenbark CA SECY DMossburg PDI-2 Reading OGC Russell Murray Martin Gillespie Tech Editor-MMejac h

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AFR 111988 The Honorable Dennis DeConcini United States Senate Washinoton, D.C.

20510

Dear Sanator DeConcini:

This is in response to your referral, dated February 16, 1988, of an inc$ ryi from Mr. Penedikt Lohmiller.

Although addressed to the U.S. Nuclear Regulatory Commission (NRC), there is no recnrd that Mr. Lohmiller's letter was received.

In his letter, Mr. Lohmiller expressed his concern about the problems associated with the licensing of the Shoreham nuclear power plant.

His statement that, on February 3, 1988, the NRC denied long Island Lighting Company (LILC0) a license to operate its Shoreham plant is incorrect.

The NRC's licensing review of the Shoreham application is continuing.

I believe Mr. Lohniller is referring to a Partial Initial Decision, dated February 1,1988, by the NRC's Atomic Safety and Licensing Board ( ASLB).

The ASLB found that fundamental flaws existed in the full-partic'pation exercise on Febru:ry 13, 1986, of the Shoreham offsite emergency plan.

On March 14, 1988, LILC0 filed an appeal of this decision before the Atomic Safety and Licensing Appeal Board (ASLAB).

The NRC staff intends to support certain portions of LILC0's appeal.

In addition to the above appeal, other Shoreham-related licensing activities are proceeding.

They include ASLB hearings on the remaining remanded issues (hospital evacuation, school bus driver role conflict, arid emergency broadcast system) are scheduled to begin on May 16, 1988.

1 An ASLB hearing on the legal authority issues is scheduled to begin at least one week after completion of the remanded issues hearings mentioned above.

The ASLB appointed an alternate board member to assist in addressing LILC0's July 14, 1987 request for authorization to operate the Shoreham plant at power levels up to 25 percent of full-rated power.

An ASLAB hearing on LILC0's appeal of certain portions of the December 7, 1987 ASLB Partial Initial Decision, which found the scope of the February 13, 1986 exercise insufficient to serve as a basis for issuance of a full-power operating license, is scheduled for April 28, 1988.

On March 7, 1988, the NRC staff filed a brief in support of LILC0's aopeal.

The Federal Emergency Management Agency and the NRC staff are reviewing the latest revision of the Shoreham offsite emergency plan.

A second exercise based on the revised plan is tentatively scheduled for mid-June 1988.

- _ _ _ _ _ _ I wish to assure you that the NRC staff is processing the Shoreham license application on a high-priority basis and currently projects completion of the work by the spring of 1989.

At that time the staff will forward its findings and recommendations to the NRC Commissioners.

This schedule assumes timely resolution of the remaining emergency planning issues within the framework of the NRC's recent revision to its emergency planning rule,10 CFR 50.47.

This revised rule provides criteria for evaluation of utility-prepared emergency plans for situations in which State and/or local governments decline to participate further in emergency planning. The NRC Commissioners will then decide, on the basis of the merits of the case, whether operation of the Shoreham plant would pose an undue risk to the public health or safety.

I hope this information will help correct any misunderstandings about the current licensing status of the Shoreham plant.

Sincerely, i

Victor Stello, Jr.

Executive Director ror Operations l

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04/07/88 EDO CONTROL: 003589 DOC DT 03/16/88 SEN. DENNIS DeCONCINI FINAL REPLY:

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NRC FOR S10 NATURE OF:

um OREEN mm SECY NO:

EXECUTIVE DIRECTOR 88-0171

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ROUTINO:

RUSSELL ENCLOSES LETTER FROM BENEDICT LOHMILLER MURRAY CONCERNING SHOREHfM DATE:

03/24/88 ASS 10NED TO: NRR CONTACT:

MURLEY

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SPECIAL INSTRUCTIONS OR REMARKS:

OED0 HAS NO RECORD OF THE 2/5/88 LTR ADDRESSED TO NRC NRR RECEIVED: MARCH 25, 1988 ACTION:

DRPR:VARGA; NRR ROUTING:

MURLEY/SNIEZEK gC}{QK MIRAGLIA MARTIN

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OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET APER NUMBER:

CRC-88-0171 LOGGING DATE: Mar 2 88 gpO ACTION OFFICE:

AUTHOR:

D. DeConcini--Const Ref AFFILIATION:

U.S.

SENATE LETTER DATE:

Feb 16 88 FILE CODE: ID&R-5 Shoreham

SUBJECT:

NRC's denial to allow the Shoreham facility to operate ACTION:

Direct Reply DISTRIBUTION:

OCA to Ack SPECIAL HANDLING: None NOTES:

DATE DUE:

Mar 16 88 SIGNATURE:

DATE SIGNED:

AFFILIATION:

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samaana a umutsat uAnytano February 16, 1988 1niW$ltONYNENrce The attached inquiry from:

Benedikt Lohmiller 1250 E. Bethany Home Rd. 6 Phoenix, AZ 85014 is respectfully referred to:

Nuclear Regulatory Commission Your comments regarding this matter will be most appreciated.

Sincerely, I

DENNIS DeCONCINI United States Senator Please reply to:

The Honorable Dennis DeConcini United States Senate Washington, DC 20510 i

Att:

Chip Walgren th 3/2..To OGC for Direct Reply.. Suspense: Mar 16. 0CA to Ack Docket. 88-0171

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