ML20151N632
| ML20151N632 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/29/1988 |
| From: | Humphrey G SENATE |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#388-6842 ALAB-895, OL-1, NUDOCS 8808090053 | |
| Download: ML20151N632 (11) | |
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U#E UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'88 AU3 -1 P2 54 BEFORE THE COMMISSION QFF!Cf. U H.
- ;/. W v0Ci'.L in i '. 'd r V.: i.
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In the matter of
)
) Docket Nos. 50-443-OL-1 PUBLIC SERVICE COMPANY OF
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50-444-OL-1 NEW HAMPSHIRE, et al.
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On-site Emergency
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Planning Issues (Seabrook Station, Units 1 and 2)
)
)
July 29, 1987
)
BRIEF AMICUS CURI AE OF U.S. SENATOR GORDON J. HUMPHREY IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING APPEAL BOARD'S MEMORANDUM AND ORDER ON ALAB-895 U.S. Senator Gordon J. Humphrey hereby submits his amicus curiae brier, pursuant to 10 CFR Section 2 715(d), in response to the July 5, 1988 Hemorandum and order certifying to the Commission the Attorney General's Petition under 10 C.F.R. 2 758 for a waiver of or an exemption from the public utility exemption from the requirement of a demonstration of financial qualification.
I. IRJEREST OF AMICUS As a resident and representative of New Hampshire, U.S.
Senator Gordon J. Humphrey and his constituency are directly affected by events at the Seabrook nuclear power plant.
Senator Humphrey has closely followed the licensing proceedings.
Senator Humphrey's interest in the proceedings 880B090053 890729
,3 PDR ADOCK 05000443 O
0 PDR.
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' is based on his desire to ensure protection of the ri6 hts and welfare of those citizens living in tne vicinity of the plant.
In its decision of March 30, 1987, the Appeal Board determined that the Senator should be allowed to participate I
as an amicus curiae in the Seabrook licensing proceedings.
Senator Humphrey filed amicus curiae briefs in regard to on-site issues on April 16, 1987, May 28, 1987, and October 13, 1987 II. RESPONSE TO APPEAL BOARD DECISION The Massachusetts Attorney General's petition, certified to the Commission by the Appeal Board in its July 5 Order, requests a waiver of or exception from sections of the Commission's regulations, 10 C.F.i..
Sections 50 33(f),
50.40(b), and 50 57(a)(4), which exempt an electric utility applicant for an operating license from demonstrating its financial qualification.
According to the Attorney General's March 7, 1988 Petition:
"The waiver is requested to require that the Applicants establish, prior to low power operation, financial qualification to cover the costs of Seabrook Unit's operation for the period of tne license and the costs to permanently shut it down and maintain at in a safe condition should it nnt receive a full-power license."
Senator Humphrey supports tne position of the Attorney General and
I 6-believes that issuance of a low-power license without a prior determination that the applicant is financially qualified to k"
cover the associated costs would be wholly irresponsible.
In determining whether "special circumstances with l
respect to the subject matter of the particular proceeding o
k are such that application of the rule or regulation (or s
)
provision thereof) would not serve the purposes for which the
[
rule or regulation was adopted"I, the following points should be considered:
l
- 1) The January 28, 1988 filing of a bankruptcy petition by the Public Service Company of New Hampshire (PSNH), a j
35 57% owner in the Seabrook plant, is a unique circumstance which throws into question the basic premise upon which the
"...that the i
financi&1 qualification exemption was based:
{
rate process assures that funds needed for safe operation 4
will be made available to regulated electric utilities."
i t
The Commission's regulation was designed to be a "generic t
L i
determination"3 which suggests that it would apply r
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I 10 C.F.R. Section 2 758(b).
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1 2
49 Federal Register at 35,749 3
Ibid.
t t
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generally to characteristics of a group, in this case electric utilities.
However, a Chapter 11 bankruptcy filing by an investor-owned utility is a nighly uncharacteristic occurence.
Given the unccrtain nature of the reorganization of PSNH, a process which must be approved by the federal bankruptcy court, there is no assurance that funds for PSNH's 35.57% share of the Seabrook project will be available.
- 2) Although the Commission's regulations exempting electric utilities from demonstrating financial qualification do not specify between issuance of a low-power operating license and a full-power operating license, under New Hampshire's anti-CWIP (Construction Work in Progress) law,
it is imperative that low-power operation be considered separately.
For, under the anti-CWIP statute, none of the construction costs for the Seabrook nuclear facility may be recovered until the plant commences commercial operation.
Thus, issuance of a low-power testing license in tnis situation--where the lead-owner of the plant is in tne midst of bankruptcy reorganization, where there remain significant unresolved issues regarding issuance of a full-power operating license, and where State law prohibits recovery of 4 See N.H. Rev. Stat. An. 378:30-a.
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! costs of low-power operation--provides no assurance that operation and maintenance costs will be covered.
It is important to note that the additional operating and insurance costs of low-power operation are estimated to total over $6 I
0 I
million.
The additional costs of decommissionin6 a plant which operated at low-power should also be considered.
i Information provided to Senator Humphrey by the staff of tne Commission estimates that costs for decommissioning Seabrook
"(Ilf reactor operates for 3 to 6 effective full power hours" f
range from $54.6 million to $84.8 million.
(Attachment 1)
- 3) Although Northeast Utilities recently agreed to cover the costs of the Massachusetts Municipal Wholesale Electric Company's (MMWEC) 11.595 share of payments thiough August 31, 1988, there is no guarantee that MMWEC's payments will be covered after August.
MMWEC's Board of Directors votea un June 1, 1988 not to make its monthly payments towards the Seabrook project.
This potential deficiency in funds necessary for safe operation at low-power in and of itself should provide ample grounds for the Commission to waive its exemption for financial qua11rication in this instance.
Senator Humphrey believes that the points enumerated above support the need to require that Seabrook-owners 5 Massachusetts Attorney General James M. Shannon's Petition Under 10 C.F.R. 2 758 (March 7, 1988) at 8.
- demonstrate their financial qualification to cover the costs associated with low-power operation even in the event tnat the Seabrook facility is never authorized to operate at full-power.
It is imprudent to disregard the real possibility that the special circumstances surrounding the Seabrook plant do not assure that "sufficient costs of safe operation"0 will be recovered.
0 49 Federal Register at 35,748.
Respectfully suDmitted, GORDON J. HUMPHREY, USS
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1
'l'ordon J.' Humpnrey
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Pro Se 531 Hart Senate office Building Washington, DC 20510 (202) 224-2841 Dated:
District of Columbia July 29, 1988
o SEABROOK I
COSTS FOR DECOMMISSION!NG I.
PLANT DATA s
II98 MWe PWR Operating History - No operation at any power level Fuel Activity - New fuel-natural radioactivity from uranium 2
II.
COSTS FOR STANDARD 1100 MWe PWR DECON costs are based on prompt decontamination and removal of l
radioactive components. Removal of non-radioactive components t
or structures is not required by the NRC and is not included in cost estimates.
Cost if done by utility staff:
$ 88.7 Million i
a Cost if done by contractor:
$103.5 Million SAFSTOR, Including preparations for safe storage. continuing care 3
and deferred dismantlement.
Costs if done by utility staff:
10 Year SAFSTOR
$ 97.7 Million 30 Year SAFSTOR 100.5 Million 50 Year SAFSTOR 73.5 Million Additional cost of storing spent fuel at Seabrook - $2 to 3 million per year if fuel were irradiated and could not be noved to another reactor site, 111.
TOTAL COST FOR SEA 8R00K4 (Exclusive of any Conversion to Gil, Gas)
Cost for DECON, decontamie:ation and removal of radioactive 4
components at Seabrock sufficient to allow termination of license and conversion to gas, coat or oil.
Fuel is assumed to have been moved from Seabrook to another reactor for burnup.
I
- If reactor has not operated no decommissioning would be needed to terminate the license. Costs for terminating the license would be purely administrative and should be less than $10,000 unless a hearing is initiated.
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j
- If reactor operates for 3 to 6 effective full power hours.
Most optimistic cost if fluid systems can be decontaminated 4
- $54.6 million Most pessimistic cost if contamingted piping has to go to LL waste burial' site - $84.8 million IV.
RADIATION LEVELS No residual radioactivity since reactor has not operated.
If Seabrook operated for 6 effective full power hours the radiation levels would be about the same as those given for l
Shoreham.
Y.
SEABROOKS FUEL l
Fuel is not irradiated and could be sold to another utility or to the vendor, a
1 1
i a
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l v
1 "Decommissioning" means removing a nuclear facility safely from service and reducing residual radioactivity to a level that permits the release of j
the preperty for unrestricted use and tereination o+ the licenta.
- re.',dfGfG.u'.n Ac.?rm.i 4,
...n u r y Bet, cc.: irs.
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centingency.
3.
Cost of spent fuel storage not included for SAFSTOR.
4.
Letter R.I. Snith, Battelle PNL te C. Feldran, NRC, May 26. 1988. Cest estimates f or Shoreham, a BWR, multiplied by 0.815 to represent the 1 cat e cost estimate by Battelle for DECON of a PWR,
s.
DOCKETED UiNkC UNITED STATES OF AMERICA NUCLEAR RE0ULATORY COMMISSION 18 NE -1 P2 54 i BEFORE THE NUCLEAR REGULATORY COMMISSION OFFict 40
.i.u /
1 In the Matter of 00CKf im i / u n vn.r.
BRANtm PUBLIC SERVICE COMPANY OF DOCKET NOS. 50-443-OL-1 NEW HAMPSHIRE, et al.
50-444-OL-1 (Seabrook Station, Units 1 and 2)
CERTIFICATE OF SERVICE I hereby certify that copies of the enclosed document, BRIEF AMICUS CURIAE OF U.S. SENATOR 00RDON J. HUMPHREY IN RESPONSE TO THE ATOMIC SAFETY AND LICENSIN0 APPEAL BOARD'S HEMORANDUM AND ORDER ON ALAB-895, have been served on the following by deposit in the United States mail on the 29th day of July, 1988.
Lando Zech, Chairman Kenneth Rogers Chairman Commissioner US Nuclear Regulatory Commission US Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Thomas Roberts h eYeN ok erntYa1 Ccmmissioner Commissioner US Nuclear Regulatory Commission US Nuclear Reguintory Commission Washington, D.C.
20555 Washington, D.C.
20555 Alan S.
Rosenthal, Chairman Thomas S. Moore Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board US Nuclear Regulatory Commission US Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Howard A. Wilber Sheldon J. Wolfe, Chairman Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board US Nuclear Rc6ulatory Board US Nuclear Regulatory Board Washington, D.C.
20555 Washington, D.C.
20555 Jerry Harbour Ivan W.
Smith oe Aucu n is tra t A v e Law Juuse Auwiniatrstave Juu Atomic Safety and Licensing Atomic Safety and Licensing Board Board US Nuclear Regulatory Board US Nuclear Regulatory Board Washington, D.C.
20555 Washington, D.C.
20555
i o-Emmeth A. Luebke Edwin J. Reis, Esq.
Administrative Judge Office of the General Counsel 5500 Friendship Boulevard US Nuclear Regulatory Commission Apt. 1923N Washington, D.C. 20555 Chevy Chase, MD 20815 Ellyn R. Weiss, Esq.
Harmon & Weiss Thomas G. Dignan, Jr., Esq.
Ropes & Gray 2001 S Street, NW 225 Franklin Street Washington, D.C.
20009 Boston, MA 02110 Robert A. Backus, Esq.
Backus, Heyer & Solomon Paul McEachern, Esq.
116 Lowell Street Shanes & McEachern 25 Haplewood Avenue Hanchester, NH 03106 PO Box 360 Portsmouth, NH 03801 Gary W. Holmes, Esq.
Holmes & Ells Charles P. Graham, Esq.
47 Winnacunnet Road McKay, Hurphy and Graham 100 Main Street Hampton, NH 03842 Amesbury, MA 01913 Barton Z. Cowan, Esq.
Eckert, Seamans, Cherin &
Jane Doughty Hellott Seacoast Anti-Pollution League 5 Market Street 600 Grant Street, 42 Floor Portsmouth, NH 03801 Pittsburgh, PA 15219 George W. Watson, Esq.
Edward A. Thomas 1
Federal Emergency Management Federal Emergency Management Agency Agency 500 C Street, SW 442 J.W. McCormack (POCH)
Washington, D.C.
20472 Boston, MA 02109 George D. Bisbee, Esq.
Assistant Attorney General Paul A. Fritzsche, Esq.
Office of the Attorney General Office of the Public Advocate State House Station 112 25 Capitol Street Augusta, NE 04333 Concord, NH 03301 Roberta C. Pevear Carol S. Sneider, Esq.
State Representative Town of Hampton Falls Assistant Attorney General Drinkwater Road Office of the Attorney General One Ashburton Place, 19th Floor Hampton Falls, NH 03844 Boston, MA 02108
f Ph112p Ahrens, Esq.
The Honorable Edward J. Markey d
Assistant Attorney General Cha1rman Office of the Attorney General Subcommitte on Energy, State House Station, #6 Conservation and Power Augusta, HE 04333 Committee on Energy and Commerce Washington, D.C.
20515 Richard A. Hampe, Esq.
J.P. Nadeau Hampe & McNicholas Board of Selectmen 35 Pleasant Street 10 Central Street Concord, NH 03301 Rye, NH 03870 Allen Lampert W1111Lm Armstrong Civil Defense Director Civz1 Defense Director Town of Brentwood Town of Exeter i
20 Franklin Street 10 Front Street j
Exeter, NH 03833 Exeter, NH 03833 a
j Sandra Gavutis, Chairman Calvin A. Canney Board of Selectmen City Manager i
RFD #1, Box 1154 City Hall Kensington, NH 03827 126 Daniel Street j
Portsmouth, NH 03801 1
Anne Goodman, Chairman Board of Selectmen i
Board of Selectmen Town Hall - Friend Street 13-15 Newmarket Road Amesbury, MA 01913 Durham, NH 03824 Peter J. Matthews Michael Santosuosso, Chairmco Mayor of Newburyport Board of Selectmen i
City Hall South flampton, NH 03827 Newburyport, MA 01950 i
R. Scott Hill-Whilton, Esq.
Stanley W. Knowles, Chairman
)
Lagoulis, Clark, "111-Wh11 ton Board of Selectmen
& McGuire PO Box 710 1
79 State Street North Hampton, NH 03862 Newburyport, MA 01950 John F. Doherty Beverly Hollingworth 1616 P Street, NW 209 Winnacunnet Road Washington, D.C.
20036 Hampton, NH 03842 The Honorable Nicholas Harvoulas i
Attn Michael Greenstein j
70 Washington Street Salem, MA 01970 40h Y
Gordon J.'Humphrey, USS /'
Pro Se i
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