ML20206J938

Responds to 870227 Request for NRC Views on Whether Authorization of Util Dredging Project Beneficial for Natl Security & Views on Broader Issue Re Benefits of Project to Natl Interest.Natl Policy Findings Listed

ML20206J938
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	04/10/1987
From:	Harold Denton Office of Nuclear Reactor Regulation
To:	Calio A COMMERCE, DEPT. OF, NATIONAL OCEANIC & ATMOSPHERIC
References
NUDOCS 8704160215
Download: ML20206J938 (10)

Text

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.v APR 101987 The Honorable Anthony J. Calio Administrator, National Oceanic and Atmospheric Administration U.S. Department of Commerce Washington, D.C. 20230

Dear Mr. Calio:

On December 22, 1986, the Long Island Lighting Company _(LILCO) filed before the Secretary, Department of Commerce (DOC), an Appeal of the New York State Department of State's denial of a consistency certification for a maintenance dredging project for Wading River Creek and the Shoreham Nuclear Power Station intake canal. The Appeal was filed under Section 307(c)(3)(A) of the Coastal Zone Management Act and the DOC's implementation regulations,15 CFR Part 930, Subpart II.

In a letter dated February 27, 1987, you requested the NRC to provide you with information for the Secretary to make a decision on LILCO's appeal.

Specifically, you requested our views on whether authorizing LILCO's dredging project was beneficial for the national security and our views on the broader issue regarding the benefits of the project to the national interest.

Basic national policy findings concerning nuclear reactors (utilization facilities) were made by the Congress in the Atomic Energy Act of 1954, as amended, Section 2 (see also Section 1 and 3). These findings include the following:

2. Findings.--The Congress of the United States hereby makes the following findings concerning the development, use and control of atomic energy:

(a). The development, utilization, and control of atomic energy for military and for all other purposes are vital to the common defense and security.

(c). The . . . utilization of ... special nuclear material affect interstate and foreign commerce and must be regulated in the national interest.

(d). The ... utilization of . . . special nuclear material

. must be regulated in the national interest and in order to provide for the common defense and security and to protect the health and safety of the public.

(e). ... utilization facilities are affected with the public interest, and regulation by the United States of the production and utilization of atomic energy and of the facilities used in connection therewith is necessary in the national interest to assure 8704160215 870410 PDR ADOCK 05000322 P PDR

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The Ilonorable Anthony J. Calio the common defense and security and to protect health and safety of the public.

42 U.S.C. 2012.

In the Atomic Energy Act, Congress imposed a number of requirements intended to assure protection of public health and safety and to assure that licenses issued by the Commission would not be inimical to the common defense and security. These requirements are reflected in the findings the Commission is required, by its regulations in 10 CFR Part 50, to make before issuing licenses for nuclear reactor facilities.

The NRC's licensing activities do not normally include any affirmative findings relative to the national security and the national interest. The NRC made the following findings on July 3, 1985, when the license permitting Shoreham to be operated up to 5% of rated power was issued: "There is reasonable assurance that the activities authorized by this operating license can be conducted without endangering the health and safety of the public;"

"The licensee is technically qualified to engage in the activities authorized;"

"The licensee has satisfied the applicable provisions of 10 CFR 140,

' Financial Protection Requirements and Idemnity Agreements' of the Commission's regulations;" "The issuance of this license will not be inimical to the common defense and security or to the health and safety of the public;" and "After weighing the environmental, economic, technical and other benefits of the facility against environmental and other costs and i considering available alternatives, the issuance of (the license) is in accordance with 10 CFR Part 51 of the Commission's regulations."

l Therefore, although the Commission found that the license will not bc inimical to the common defense and security, we did not make any affirmative finding that the license is "necessary in the interest of national security."

Likewise, while the Commission found that the operation of Shoreham is environmentally acceptable on a cost-benefit basis , we did not make any affirmative finding on the impact on national interest. The findings that were made on issuance of the 5% power license will have to be reiterated prior to the issuance for a full power license for Shoreham.

With respect to LILCO's need for the requested authorizations, our view is as follows. Without the authorization for the proposed dredging project, the reliability of the source of cooling water for the Shoreham Station will be degraded. Thus, in time and absent an alternative source of cooling water, the Shoreham Station will have to be shutdown. Specifically, the Shoreham Technical Specifications at Sections 3.7.1.4 and 4.7.1.4 state that "the ultimate heat sink shall be operable" and that "the sediment depth [of the intake canal should average] no more than 1 foot above the intake structure minimum bottom depth of at least -12.0 ft Mean Low Water, USGS datum."

We understand that, as a result of Ilurricane Gloria, the sediment depth is approaching the limit defined in the Technical Specifications.

We also require LILCO to prevent the accu.nulation and/or erosion of the beach sand and gravel in the vicinity of Shoreham. (See Summary and Conclusion of the NRC's Final Environmental Statement (FEIS) for Shoreham) . To implement that requirement, Section 4.2.3 of the Shoreham

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The !!onorable Anthony J. Calio Environmental Protection Plan states that "Any beach material eroded from cast of the (Shoreham) Jetties will be replaced with accumulated sand, if any, from Wading River Creek, from the 1000-ft-long intake channel, from between the jetties, and from the east and west sides of the jetties." In order to comply with the Environmental Protection Plan and the Technical Specifications, the dredging project proposed by LILCO would be necessary to correct the accumulation /crosion of sand and. sediment for the safe and environmentally sound operation of Shoreham.

LILCO provides about 3,700 to 4,000 MW of electric power in its service area. More than 85% of the fuel in its electric generating facilities is oil.

This oil comes almost entirely from foreign sources. Shorcham, if it becomes operational, can provide about 800 MW of electricity. This diversification of energy resources could significantly reduce LILCO's reliance on oil, and in particular, dependence on foreign oil, by over 20%.

The above items of factual information are being furnished for your information and use, and as appropriate should be considered in your analyses.

We understand that you have already written to the Department of Energy (DOE), Department of Defense and the National Security Council for their views. It would be most appropriate for those agencies, especially DOE, to address the other issues identified in your letter. We have contacted the staff of the Assistant Secretary for Nuclear Energy, DOE, and we were informed that the DOE is preparing a response which will specifically address your request for views regarding the national security and interest issues in consideration of LILCO's Appeal.

If you require further information from the NRC for your decision, please let us know.

Sincerely, Oright! S?ptd hy.

!!. R. 02:1t q 3 Harold R. Denton, Director Office of Nuclear Reactor Regulation DISTRIBUTION:

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4 T ' Honorable Anthony J. Calio . ,

J With:re et to LILC0's need for the requested authorizations,.our view is a [

follows.

reliabilit(ysof the source of cooling water for the Shoreham Station will.ithout the auth degraded. Thus in time and absent an alternative source of cooling wat,eh, the Shoreham Sta, tion will have to be shutdown.. Specifically, the Shoreham Technical Specift ;ations at Sections 3.7.1.4 and 4.7.1.4 state that "the' .

ultimate heat sink \:; hall be operable" and that "the_ sediment depth [of .the intake canal should' average] no more than 1 foot above the intake structure minimum bottom depth 'o( at least -12.0 ft Mean Low Water, USGS dat'um." We understand that, as a result of Hurricane Gloria, the sediment depth.is

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approaching the limit defiQed in the Technical Specifications./ f We 'also require LILCO \\ to prevgnt the accumulationion and/or of'the eros beach-//

sand and gravel in the vicinity of Shoreham.

the NRC's Final Environmental Shtement (FEIS)(See Summary forShoreham)' /and Conclusion of To implement that requirement Section 4.2.3 of the g Shoreham Environmental Protection Plan states that "Any beach materialseroded from east of the' (Shoreham) jetties will be replaced with accumulated' sand, ifsany, from Wading River Creek, from the 1000-ft-long intake channel, from betw'een the jettie's, and from the east and west sides of the jetties." In order to\ comply with'the Environmental ProtectionPlanandtheTechnicalSpecificationsCthedredgingprojectproposed by LILCO would be necessary to correct the k:cdmulation/ erosion of sand and

's operation of Shoreham.

.LILCO sediment for3,700 provides about thetosafe 4,000 MW and of environmentally /< t ic power in .

More than 85% of the fuel in its electric',elecgenerat)qq facilities is oil. This oil comes almost entirely from foreigri' sources. Sh'o eham, if it becomes operational,canprovideabout800)fW'ofelectricity This diversification of energy resources could significantly reduce LILCO's eliance on oil, and in particular, dependence on fordign oil, by over 20%.N s The above items of factual information are being furnisheds or your information and use, and as appropriate'should be considered in your anal es.-

We understand that you already written to the Department o'f. ergy (DOE),

Department of Defens and the National Security Council for their' iews. It would be most appr ,iate for those agencies, especially DOE, to address the other issues ide fied in your letter. We have contacted the staff'of the Assistant Secre rj for Nuclear Energy, DOE, and we were informed that the DOE is preparing response which will specifically address your request for views regarding the national security and interest issues in consideration of LILC0's Appeal.

If you require further information from the NRC for your decision, please let i us know.

Sincerely, Harold R. Denton, Director

• Previously concurred: Office of Nuclear Reactor Regulation

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\ The Honorable Anthony J. Calio With' respect to LILC0's need for the requested authorizations, our view Ja as follow's. Without the authorization for the proposed dredging project,Ahe reliabil'ity of the source of cooling water for the Shoreham Station ydll be deqraded. 'Thus, in time and absent an alternative source of cooling water, N

the Shoreham Station will have to be shutdown. Specifically, the/Shoreham Technical Specifications at Sections 3.7.1.4 and 4.7.1.4 state that "the ultimate heat sink shall be operable" and that "the sediment de'pth [of the fr.caka canal should average] no more than 1 foot above the intake structure minimum bottom depth.of at least -12.0 ft Mean Low Water, USGS datum." We understand that, as Aresult of Hurricane Gloria, the sediment depth is approaching the limit defined in the Technh:al Specificat' ions.

x /,

We also require LILC0 to p'revent the accumulation and/or erosion of the beach sand and gravel in the vicinity of Shoreham. (See Summary and Conclusion of the NRC's Final Environmental' Statement (FEIS) fop'Shoreham). To implement that requirement, Section 4.2.3 of the Shoreham Environmental Protection Plan states that "Any beach material eroded from east of the (Shoreham) jetties will be replaced with accumulated sand,Nif any, from Wading River Creek, from the 1000-ft-long intake channel, from between ths jetties, and from the east and west sides of the jetties." In order'to comply with the Environmental Protection Plan and the Technical Specif,1 cations, the dredging project proposed by LILCO would be necessary to correct tne accumulation / erosion of sand and sediment for the safe and environmentally sound operation of Shoreham.

/ \

LILC0 provides about 3,700 to 4,000'MW of elehtric power in its service area.

More than 85% of the fuel in its, electric generating facilities is oil. This oil comes almost entirely from foreign sources. Shoreham, if it becomes operational, can provide about / 800 MW of electricity. This diversification of energy resources could si,gnificantly reduce LILC0's reliance on oil, and in particular, dependence pn foreign oil, by over 20%.X The above items of factual information are being furnishe'd,for your information and use, and as appropriate should be considered in your ana,1yses.

/ \

WeunderstandthatjouhavealreadywrittentotheDepartment'ofEnergy(DOE),

Department of Defense and the National Security Council for their, views. It would be most appropriate for those agencies, especially DOE, to address the other issues identified in your letter. We have contacted the staff of the Assistant . Secretary for Nuclear Energy, DOE and we were informed tha'tithe DOE is prepaMng a response which will specifically address your request for views regarding the national security and interest issues in consideration of LILC0's Appeal.

If you require further information from the NRC for ycur decision, plmse let us know.

Sincerely, Harold R. Denton, Director

• Previously c.mcurred: Office of Nuclear Reactor Regulation PD#4/LA PD#4/Pti PD#4/D 0GC ,

DD/ DBL D/ DBL

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The Honorable Anthony J. Calio .

With respect to LILCO's need for the requested authorizations, our view'is as fotiows. Without the authorization for the proposed dredging project, the reliability of the source of cooling water for the Shoreham Station'will be -

degraded. Thus, in time and absent an alternative source of cooling water, ~

the Shoreham Station will have to be shutdown. Specifically, the Shoreham Technical' Specifications at Sections 3.7.1.4 and 4.7.1.4 sta.te that "the _

ultimate heat sink shall be operable" and that "the sediment depth (of the intake canal should average) no more than 1 foot above the' intake structure minimum bottom depth of at least -12.0 ft Mean Low Water, USGS datum." We understand that, as a result of Hurricane Gloria, the. sediment depth is approaching the limit defined in the Technical Specjfications. ]

N ,,

We also require LILCO to prevent the accumulation and/or erosion of the beach sand and gravel in the vicinity of Shoreham. ,(See Summary and Conclusion of ~ {-

the NRC's Final Environmental Statement (FEIS) for Shoreham). To implement that requirement, Section 4.2.3 of s the Shoreham Environmental Protection Plan states that "Any beach material eroded from east of the (Shoreham) jetties will be replaced with accumulated sand,-if,any, from Wading River Creek, from the 1000-f t-long intake channel, from between the jetties, and from the east and I west sides of the jetties." In order to comply with the Environmental Protection Plan and the Technical' Specifications, the dredging project proposed by LILC0 would be necessary to correct the accumulation / erosion of sand and sediment for the safe and environmentally sound operation of Shoreham.

/ x LILC0 provides about 3,700'to 4,000 MW of electric power in its service area.

More than 85% of the fuel in its electric generating facilities is oil. This oil comes almost entirely from foreign sources. Shoreham, if it becomes operational, can provide about 800 MW of electricity.\This diversification of energy resources <could significantly reduce LILC0's reliance on oil, and in particular, dependence on foreign oil, by over 20%. \

\

The above itemi of factual information are being furnished for your information and use, and'as appropriate should be considered in your analyses.

/ \

We understand that you have already written to the Department of Energy (DOE), l Departm'ent of Defense and the National Security Council for their views. It would'be most appropriate for those agencies, especially DOE, to address the otper issues identified in your letter. We have contacted the staff 6f the Asrsistant Secretary for Nuclear Energy, DOE and we were informed that the DOE is preparing a response which will specifically address your request for' views regarding the national security and interest issues in consideration of LILCO's Appeal. \

If you require further information from the NRC for your decision, please let us know.

Sincerely, Harold R. Denton, Director

• Previously concurred: Office of Nuclea PD#4/LA PD#4/PM PD#4/D OG , D r Regulation D/ DBL h

• M0'Brien *RLo:1b *WButler d' R RBernero 03/20/87 03/20/87 03/20/87 3'/ 27/87 ~7 /gg/87 ')/30/87 DD/NRR D/NRR Y3 DISTRIBUTION JSniezek HDenton See next page

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Th Honorable Anthony J. Calio ( ,/

Withredpectto.LILCO'sneedfortherequestedauthorizations,ourviedisas follows. Without the authorization for the proposed dredging project!, the reliability'of the source of-cooling water for the Shoreham Station will be degraded. Thus, in time and absent an alternative source of cooling water, the Shoreham Station will have to be shutdown. Specifically,.the Shoreham Technical Specifications at Sections 3.7.1.4 and 4.7.1.4 state' that "the.

! ultimate heat sinksshall be operable" and that "the sediment' depth (of the intake canal should' average) no~more than 1 foot above the' intake structure minimum bottom depth 'of at least -12.0 ft Mean Low Water,' USGS datum." We understand that, as a result of Hurricane Gloria, the sediment depth is approaching the limit defined in the Technical Specifications.

We require LILCO to prevent the accumulation and/or/ erosion of the beach sand and gravel in the vicinity of'Shoreham. (See Sumary and Conclusion of the NRC's Final Environmental Statement (FEIS) for,cShoreham). To implement that requirement Section 4.2.3 of the Shoreham Environmental Protection Plan states that "Any beach material eroded from east of' the (Shoreham) jetties will be replaced with accumulated sand, if a'ny, from Wading River Creek, from the 1000-ft-long intake channel, from between'the jetties, and from the east and west sides of the jetties." In order t6scomply with the Environmental Protection Plan and the Technical Specifications,'the dredging s project proposed by LILCO would be necessary to correct the accumulation / erosion of sand and sediment for the safe and environmentally sound' operation 'of Shoreham.

A LILCO provides about 3,700 to 4[000 MW of electr'ic power in its service area.

More than 85% of the fuel in its electric generating facilities is oil. This oil comes almost entirely from foreign sources. Shoreham, if it becomes

operational, can provide about 800 MW of electricity.\This diversification of energy resources could significantly reduce LILCO's reliance on oil, and <

in particular, dependeni:e on foreign oil, by over 20%. N i

/ \

The above items of f factual information are being furnished for your information l and use, and as ap'propriate should be considered in your analyses, j $

We understandethat you have already written to the Department of' Energy (DOE),

l Department of Defense and the National Security Council for their ' views. It

! would be m6st appropriate for those agencies, especially DOE, to address the other issues identified in your letter. We have contacted the staff 'of the ,

Assistant Secretary for Nuclear Energy, DOE and we were informed that the DOE is g eparing a response which will specifically address your request for views regarding the national security and interest issues in consideration of (LI C0's Appeal.

If you require further information from the NRC to enable your decision, please L let us know.

Sincerely, Harold R. Denton, Director

• Previously concurred: Office ofdluclear Reactor Regulation PD#4/LA PDf4/PM PD#4/D ) DD/ DBL D/ DBL

• M0'Brien *RLo:lb *WButler RHouston RBernero 03/20/87 03/20/87 03/20/87 9/k/87 / /87 / /87 DD/NRR D/NRR DISTRIBUTION JSniezek~ .HDenton See next page

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h The' Honorable Anthony J. Calio -Tech cal Specifications at Sections 3.7.1.4 and 4.7.1.4 state that "the ultimate' heat sink shall be operable" and that "the sediment depth (of the intake canal should average) no more than 1 foot above the intake structure minimum bottom depth of at least -12.0 ft Mean Low Water. USGS datum." We understand that, as a result of Hurricane Gloria, the sediment, depth is approaching the'11mit defined in the Technical Specifications.- ,

WerequireLILCOthpreventtheaccumulationand/orerosionofthebeachsend and gravel in the vicinity of Shoreham. (See Sunnary andeConclusion of the NRC's Final Environmental Statement (FEIS) for Shoreham); To implement that requirement, Section 4.2.3 of the Shoreham Environmental' Protection Plan states that "Any beach material eroded from east of the (Shoreham) jetties will be replaced with accumulated sand, if any, from Wading-River Creek, from the 1000-ft-long intake channel, from between the jetties, and from the east and west sides of the jetties." In' order to comply with the Environmental Protection Plan and the Technical Specifications, the dredging project proposed by LILC0 would be necessary to correct the accumulation / erosion of sand and sediment for the safe and environmentally sound operation' of Shoreham.

N/

LILC0 provides about 3,700 to 4,000 MW of' electric power in its service area.

More than 85% of the fuel in its electpic generatinc facilities is oil. This oil comes almost entirely from foreign sources. Shoreham, if it becomes operational, can provide about 800,MW of electricity. This diversification of energy resources could significantly reduce LILCO's reliance on oil, and in particular, dependence on foreign oil, by over 20%.

,r N The above items of factual information are being furnished for your information and use, and as appropriate'should be considered in youb analyses. We make no

. recommendations on the merits of the Shoreham plant in terms of the national interest as it is not within the NRC's charter to promote any one of the various alternative sources of' energy.

]

We understand that ou have already written to the Department of Energy (DOE),

Department of Defense and the National Security Council for their views. It would be most/sppropriate for those agencies, especially DOE, to address the issues ider)tified in your letter. We have contacted the staff of the' Assistant Secretary /for Nuclear Energy, DOE and we were informed that the DOE is preparing a resp se which will specifically address your request for views regardiha the nati al security and interest issues in consideration of LILC0's Appeal. \

If you require further infonnation from the NRC to enable your decision, please let us know.

Sincerely.

Harold R. Denton, Director Office of Nuclear Reactor Regulation

1. 4/LA* PD#4/P PD#4/D OG . DD/ DBL D/ DBL hM0'Brien RLo:1 WButler RHouston RBernero J /g/87 3 h> /87 J /p /8 /p/87 / /87 / /87 ;

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