ML20207F973
| ML20207F973 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 08/05/1988 |
| From: | Downey T, Hochbrueckner, Mrazek R HOUSE OF REP. |
| To: | Zech L NRC COMMISSION (OCM) |
| Shared Package | |
| ML20207F962 | List: |
| References | |
| NUDOCS 8808230329 | |
| Download: ML20207F973 (2) | |
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l Congress of tfje htteh 6tates Was1Wagten BC 20515 j
August 5, 1988 The Bonorable Lando W. seeh Chairman Nuclear Regulatory Commission 1717 N Street, N.N.
j Washington, D.C.
20555
Dear Mr. Chairman:
He are writing to urge the NucJear Regulatory Commission to i
discontinue the licensing process for the shorehas nuclear power plant.
As you know, the Long Island Lighting company and the State of New York executed an agreement as of June 16, 1988 that is intended to result in the permanent closing and decommissioning of t
Shoreham.
This agreement, however, will not go into effect until approved by the New York State Public Service Comunission (PSC) and the state legislature within 90 days of its submission to the PSC (by September 23, 1988).
It is our understanding that in view of the contingencies to be resolved within the 90-day walting period, LILCO has expressed its desire that the NRC continue t.he active consideration of LILCC's application for an operating license.
Regardless of LILCO's desires, we are convinced that the NRC's continued active consideration of LILCO's application makes no LILCO is misusing the licensing process in order to provide sense.
itself with a contingency in the event that the agreement does not go into effect.
Clearly, the proper course for the NRC is to susp2nd consideration of LILCO's license application unless and until the agreement does not in fact go into effect.
In the meantime, it is irresponsible for the NRC to expend scarce resources and taxpayers' dollars considering an application for a license which the applicant itself has pledged never to use.
Congress has made clear in the Atomic Energy Act of 1954 tnat the NRC may issue an operating license only where the "proposed activities will serve a useful purpose proportionate to the quantities of special nuclear material or source material to be utiliseds." 42 U.S.C. Sect. 2133(b)(1).
With respect to LILCO's application, what is the useful purpose to be served by granting a license?
The applicant has pledged not to use the license and is pursuing a license only as a contingent alternative.
Accordingly, quite spart from whether it makes any sense as a public policy matter for the NRC to continue to conduct this empty process, there is legal question as to whether the NRC even has the authority to consider a license appilcation where the applicant has pledged not to use the license.
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Che* Honorable Lando W.
Zech Va g t' Two August 5, 19 3 1
1 Please advise us by Auaust!3. 1987 whether the NRC will suspend the Shoreham licensing process.
If the NRC decides to continue the licensing process, please provide us by Augustl3 with the following information.
ggg (1)
What is the legal basis for considering a license application where the applicant has pledged not to use the license?
/Yg (2)
Putting aside the legal question, lease explain the policy and fiscal considerations, f an, that make it appropriate for the NRC to continue act ye consideration of LILCO's license application.
In this regard, it is not responsive merely to state that it is LILCO's desire to continue its consideration of LILCO's applicstion.
How many staff hours has the NRC expended in regard to g[ A (3)
LILCO's license application and related matters during the period June 16-August 5 and how many staff hours do you pro ect that the NRC will devote to these matters in the per od August 5-September 237 What is the dollar cost to the NRC, includi.tg personnel g/A (4) costa, that have been incurred in the period June 16-August 5 in connection with LILCO's application and reli,ted matters, and what are the expscted costs for the per.7d August 5-September 237 We look forward to your response on these issues.
Sincerely, I
Qt M
j
/ George Hochbrueckner Tobert J rateL g Thomas J. Downer Memb%r of Congress Member of ongress Member of Congross i
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