ML20205B170

Board Notification 85-074:provides Addl Info Re Allegations Concerning Facility,Per Board Notification 85-014 & 85-020. Neither Staff Nor ASLB Misled by Util Testimony.Restricted Encl Withheld

ML20205B170
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	09/06/1985
From:	Thompson H Office of Nuclear Reactor Regulation
To:	Asselstine, Palladino, Roberts CONSOLIDATED EDISON CO. OF NEW YORK, INC., NRC COMMISSION (OCM)
References
CON-#385-457 OL, NUDOCS 8509090221
Download: ML20205B170 (3)

Text

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[ptMec f,, UNITED STATES y g NUCLEAH REGULATORY COMMISSION 3 aE WASHINGTON, D. C. 20555 s ff M seg o e is8s ATTENTION.- ,

RESTRICTED DOCUMENT ENCLOSED Docket No. 50-322 MEMORANDUM FOR: Chainnan Palladino Comissioner Roberts Comissioner Asselstine Comissioner Bernthal Comissioner Zech FROM: Hugh L. Thompson, Jr., Director Division of Licensing Office of Nuclear Reactor Regulation

SUBJECT:

BOARD NOTIFICATION N0.85-074 ALLEGATIONS CONCERNING THE SHOREHAM NUCLEAR POWER STATION In accordance with the procedure for Board Notifications, the following infor-mation is being provided for your infonnation. Because of the potential for further investigation, if directed by the Comission, the enclosure to this memorandum will only be provided to the addressees of this memorandum, to the chairman of the ASLBP, and to the Shoreham ASLAB. The cover memorandum will be served on all parties. This information is relevant only to the Shoreham Nuclear Power Station.

On February 7,1985, via Board Notification No.85-014, the staff informed the Comissicn of allegations concerning Shoreham which had appeared in local Long Island newspapers. On March 1, 1985, via Board Notification No.85-020, the staff presented the results of a special inspection by a region-based project engineer of the ailegations. Since then 01 and the staff have continued their investigation and review of the allegations. This Board Notification is being transmitted in confonnance with our comitment, in BN 85-014, to provide further information concerning these matters. The enclosures to this memorandum consist of two memoranda from Richard W. Starostecki of Region I to me which describe the results of Region I's technical evaluation of Mr. Henry's allegations and contain an 0I investigation report of the allegations. As Mr. Starostecki states, the staff has found that most of Mr. Henry's technical allegations accurately describe conditions that existed at' Shoreham but they were properly identified, documented, and dispositioned by LILCo, and none of Mr. Henry's allegations represent currently valid concerns regarding the safa operation of the Shoreham plant.

The OI inquiry completed on June 26, 1985, did not determine the validity of Mr. Henry's non-technical allegations. Rather, it was intended to gather as much detail as possible from Mr. Henry to allow a determination of the future direction of the investigation. 01 concludea that the issue surrounding Mr. Henry's 509090221

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ATTENTION:

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RESTRICTED DOCUME ENCLOSED non-technical allegations is largely interpretive and based on the subjective opinions of the parties involved. It is 01's view that only the Board or the staff is in a position to conclude whether or not the Board or staff were misled based on the entirety of the record. The staff's view is that neither the staff nor the Board was misled by the LILCo testimony.

For the reasons stated in Enclosure 2, the staff sees no basis to change the testimony that it has previously filed with the ASLB, and does not believe that additional expenditure of resources to further investigate these allegations is warranted.

The staff and 01 do not intend to take further action with respect to this matter unless requested to by the Comission.

W (uhL.ThmpsoJ D'v'sion of Licenst y

, Director 0 ice of Nuclear Wactor Regulation

Enclosures:

(1) Memo from R. W. Starostecki, Region I to H. L. Thcmpson, NRR, dated July 30, 1985 (2) Memo from R. W. Starostecki, Region I to H. L. Thompson, NRR,

' dated August 30, 1985 cc w/ enclosures: ASLBP (Cotter) i ASLAB for Shoreham (Rosenthal,Edles,Wilbur) l 1

cc wo/ enclosures:

SECY (2)

OPE OGC l ED0 I Parties to the Proceeding ACRS (10)

See next page l

l l

l l

,. s DISTRIBUTION LIST FOR BOARD NOTIFICATION Shoreham, Docket No. 50-322-1(OL)

Shoreham - Emergency Planning, Docket No. 50-322(OL-3)

Shoreham - Low Power License Motion, Docket No. 50-322(0L-4)

Atomic Safety and Licensing Appeal Panel (8)

Atomic Safety and Licensing SHOREHAM DOCKET Board Panel Docketing and Service Section Mr. John D. Leonard Document Management Branch Resident Inspector Energy Research Group, Inc.

MHB Technical Associates Ezra 1. Bialik Robert Abrams, Esq.

Dr. M. Stanley Livingstone Martin Bradley Ashare, Esq.

Edward M. Barrett, Esq.

Ms. Mora Bredes Lawrence Brenner, Esq.

Glenn O. Bright Herbert H. Brown, Esq.

Hon. Peter Cohalan Gerald C. Crotty, Esq.

James 8. Dougherty, Esq.

Donna D. Duer, Esq.

Jay Dunkleberger, Esq.

Alan R. Dynner, Esq.

Peter S. Everett, Esq.

Jonathan D. Feinberg, Esq.

Dr. George A. Ferguson Leon Friedman, Esq.

Stewart M. Glass, Esq.

Bruce L. Harshe Elizabeth 8. Johnson James L. Kelley, Chairman Dr. Jerry R. Kline Stephen B. Latham, Esq.

Morton 8. Margulies, Chainnan Dr. Peter A. Morris Chris Nolin Fabian G. Palomino, Esq.

Spence Perry, Esq.

W. Taylor Reveley, III, Esq.

Mr. Frederick J. Shon Mr. Martin Suubert

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