ML20213F108

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Decries Licensee Refusal to Provide Info to Public Re Status of Fuel Loading.Immediate NRC Order Directing Util to Provide Regular,Full & Accurate Disclosure of Fuel Loading & Low Power Testing Requested
ML20213F108
Person / Time
Site: 05000000, Shoreham
Issue date: 12/19/1984
From: Kessel R
NEW YORK, STATE OF
To: Palladino N
NRC COMMISSION (OCM)
Shared Package
ML20213F109 List:
References
NUDOCS 8501160546
Download: ML20213F108 (2)
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$ December 19, 1984 J 1

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Bon. Nunzio Falladino Chairpersom l Nuclear Regulatory Commission 3 l Washington, DC 20555 J

Dear Dr. Falladiso:

) On Dec ember 19, 1984, t he Long Is ised newspaper. NLVSDAY, f reported that Long Island Light ing Company (L1LCO o r Company) bat begun to load fuel into the Shoreham reactor core. LILCO

declined to comment as to the accuracy of this report. i I

( l This information was confirmed as a result of telephone conversations between my staff and NRC personnel at your regional office in Eing of Prussia, Pennsylvania. hr. Cent g Kelly, Project Engineer, empleined that LILCO had 2nsta11ec neutron svorces earlier this week and had today placed fuel load c hambers withis the reac tor. We were further advised that t i. -

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Company may begin to load fuel into.the reactor staelf ton tgnt .

The Consumer Prot ec tion Board (CP B o r Be a r d) c oc t end a that it is t he Company's responsibility to advase the residents o:

Long Is land, on a regu la r b asis, o f t he status of fuel l o a d i c ,,

l W e f a il t o u n d e r s t a nd t he b a s i s f o r LII.C O 's apparent refusal to j provide this nec essary in f o r nia t ion to the public.

This. Company policy should be of concern to the RC.

,,' as currestly seeking NRC approval of its proposal to LiLC0 i s. p l e m e n t ia)'

't. Shoreham? evacuation plan for Long Island. If LILCO vill n o,t.'s .,

p rovidebsite information rega rd ing the status of fuel ,ad ing t1.q h the residents of Long Island, one cannot expect Long Is.anoers t"olf t have say'confidonce in the C o m p a n y 's ability to i c. s t i 1 i t t r ';

necessary level of trust and cooperation to assurc the safr i evacuatioc of Long Island in the event of an accident.

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, 1 The C P E - r e q u c. s t s that you i in n e d i a t - -

provide, on a regular basis, ful1 and art u s .i t i- .

regarding the status of fuel loadinF, and l o s -; o s i t. . ti r* ,

Island residents are entitled to all g. c i t i r e r t int. - - -r r lated to any Shoreham o p e r a t i o ti s which may eifr t *'

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OFFICE OF THE COUNTY LEGISLATURE

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JCHN CHAMUK .

BERVED DE0171984 ocury cun< e~ '

Hon. Nun::1o J. Palladino, Chairman RE7WlGh..'.5tlEE-c- ~~, -

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Dear Mr. Palladino:

. i, This is to, advise that at a regular meeting of the Suffolk County Legislature held on November 27, 1984, ,

the following motion en the Sense of the Legislature was '

taken and approved by a majority of its members: .

Sense of the Legislature resciution reiterating  !

Suffolk Countys opposition of L11co's Shoreham j Nuclear Power Plant. .

As Clerk of the Legislature,, I have been requested t[r forward notification of this action to your office.

Very truly yours, William H. Rogers Clerk  ;

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SENSE OF THE LEGISLATURE RESOLUTION REITERATING SUFFOLX COUNTY'S OPPOSITION TO LILCO'S SHOREMM NUCLEAR POWER PLMT .

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l i WHEREAS, the Nuclear Regulator, " mission.is considering L'ilco's request to operate  ;

the Shoreham Nuclear power Plant at 1cwer power levels up to 5%; and i J WHEREAS, Suffolk County has determined in Resolution 111-1983 that in recognition of the impossibility of evacuating or otherwise protecting the health, welfare, and safety of the citizens of Suffolk County in the event of a. serious nuclear accident at the Shoreham plant, the County will not adopt or implement a radiological emergency plan' for Shoreham; and WHEREAS, the Governor acting on behalf of the State of New York' ha.e determined not to impose a radiological emergency plan on Suffolk County or othersise to act in a f ~ man.ner inconsistent with che determination of. Suffolk Courrty; and 't WHEREAS, Suffolk County and New York State has asserted to the Nuclear Regulatory Commission in the pending licensing proceedings that both goverments oppose the

. licensing of Shor,eham, including operition of Shoreham at low power; and ' '

l WHEREAS, the low pow'er operation e/ Shoreham would contaminate the plant while there ,

is no reasonable basis on which to believe the plant should ever ope'rste at. commercial' power levels; and -

  • WHEREAS, the cost of cleaning up such contamination of the Shorsham plant following. .

j lower power operation would be well in excess of $100 million; and '

i WHEREAS, the quantity of elec'tricity which Shoreham represents will not be needed for  ;

. at least a decade and, therefore, there is no reason for the ljuelear Regulatory  !

._Conunission to make a precipitous decision concerning low power operation at Shoreham;

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WHEREAS, the President of the United States wrote on Cetober 11, 1984, that "..sthis Administration does not. favor the imposition of federr.1 goverrment authority over the objections of state and local gover=ents in matters regarding the adequacy of an emergency evacuation plan for a nuclear power plant such as Shoreham;" and WHEREAS, any action by the Nuclear Rejulatory Cc= mission.to license Shoreham to operate

, at low power levels would constitute the imposition of federal. government authority over the objections of Suffolk County and the State of New York, and WHEREAS, such ac' ion by the Nuclear Regulatory Commission would be.in derogation of the comity and cooperation the federal gov'ernment she'uld shew with respect to this issue, which is a matter of particular local and state concern; now, therefore, be it i

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" REICLVED, that Suffolk Cunty r.eracy retterates its cocesition to the ocera:fon of

th) Shoreham plant at any and all power levels; and be it further RESULVED, that Suffolk County hereby urges the Nuclear Regulatory Cocnission to deny Lilco's pending request to operate Shoreham at low power levels up to 5%; and be it further .

M RESOLVED, that the clerk. of the County Legislature promptly tra,nsmit a copy of this ,

resolution to the Chairman and Comissioners of the Nuclean Regulatory Commission ar. !

to other officials of the federal ~ administration and Congress as appropriate.

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DATED:- November 27, 1984 '- '

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pY, n THE ASSEMBLY l t h STATE OF NEW YORK -

4 CH AI A MAN PAUL HARENBERG . h (( , [h,) ,h h *h , . ,

ASS EM SLYMAN Stt' OISTMICT CO M MITTE ES N. Y. S. OrFICE SUILDING ]

CHILCREN & FAMlWES VETERAN S M EMORIAL MlQttWAY ""T ' f* MENTAL MEALTH

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l MEAL pmCPERTY TAXATION maw PPAUG E. N EW YORK 817 4.8 coisi aso-esse 3 Q"N" C h7 ',"3'. ' . 'D '/- "J,, . *' '.: '~. / *', ' vtTE n AN S' Ar r Aim S  : lI 3.5 k ,k8a WAYS & M EANS 4 MAIN STREET S Avviu.E. N Ew y "" "'**

December 13, 1984 i ~ '

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, Mr. Nunzio Palladino, Chairman ecm m n ~'s a vLo N.

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I U.S. Nuclear Regulatory Commission

, 1717 H. Street N.W. .

Washington, D.C. 20555 ,

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Dear Chairman Palladino:

, I As the New York State Assemblyman representing the fifth _  !

district in Suffolk County, I am deeply troubled by the refusal  !

of the Nuclear Regulatory Commission to allow representatives of Suffolk County to be heard on the critical issue of whether or not a low power test licente should be granted for the Shoreham Nuclear Power Plant. .

The operation of Shoreham at 5% of capacity is so radically different than testing at .00lt, and the health and safety factors are so greatly increased, that it is imperative that the attorneys for Suffolk County be heard in oral argument. The greatest fear- i of the residents of this county is the Shoreham Nuclear Power Plant, I and to allow testing at this plant without having heard all the arguments would be a gross injustice to all of us in Suffolk County.

Besides the fact that permanent emergency diesel' generators are not in place yet, there.is more importantly no viable evacuation-plan whatsoever in the event of a nuclear accident. The financial problems if Shoreham stands idle hardly stand up to the health and ,

safety of the residents.of Suffolk County. Given these circumstances,-

the Suffolk County attorneys must be heard.

Thank jou very much for your cooperation in this.most important matter.

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PAUL HARENBERG y / MEMBER OF ASSEMBLY 7 [f c,. ,1 .

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is j WA$HINGTON, D. C. 20555 December 13, 1984

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4 The Honorable Robert J. Mrazek United States House of Representat'ives ,

Washington, DC 20513 .

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Dear Congressman Mrazek:

1 The Commission has asked me to respond to your letter of .

December 3, 1984 to Chairman Palladino in which you ask that i the representatives of Suffolk County and the State of New York y )

be allowed to present oral arguments to the Commission ;i concerning the issuance of a Shoreham low power license.  ;: ,

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The Commission is currently reviewing the written arguments of i l

. the parties as well as the Board decisions on low power j' operation, and has not foreclosed oral argument on this -

important question. Rather, in reviewing these materials, the Commission will determine whether to invite oral argument before reaching a decision.

Sincerely,

l Herzel H. E. Plaine J General Counsel l,

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J" CONGRESS OF THE UNITED STATES .

HOUSE OF REPRESENTATIVES ,

WASHINGTON, D.C. 20615 COMW1 TEE ON [

ROBERT J. MRAZEK ano osmer, saw Yout APPROPRIATIONS i 1

December 3, 1984 , 1

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Mr. Nunzio Palladino, Chairman ' -

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Commission

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Room 1114 Washington, D.C. 20555 .

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Dear Mr. Chairman:

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i' I am writing to again express my deep concern that the interests '

i of hundreds of thousands of Long Island residents are being ig- i

, nored in the licensing process at the Shoreham nuclear power l station.

In recent weeks the Nuclear Regulatory Commission has moved per- .

ceptibly closer to bringing Lilco's Shoreham facility on line .,

with the issuance of Phase I and II licenses. Unfortunately for I the citizens and ratepayers of Long Island, neither the State nor County government was afforded the opportunity to present its views in oral arguments before the commission. j once again, as the Commission prepares to decide on Phases III and IV, it appears that the governmental bodies empowered to l represent the residents of New York will not be given the chance to make an oral submission on this critical matter. ,

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It is my sincere hope that the Commission will waste no time in inviting representatives of both Suffolk County and the State of New York to appear before the Commission. Whether or not Shoreham ever opens, it is the residents of Long Island who will pay both t the social and economic costs associated with this nuclear power '

3 plant. Surely, the interests of fairness and democracy would dictate that their voice be heard.

Sincerely yours, Robert J. Mraz Qi -i ,

Member of Congress , ,

RJM/(.j Jr-17 MAIN STREET, ROSLYN, N.Y. 11576 (516) 625 044 e 143 MAIN STREET, HUNTINGTON, N.Y. 11743 (516) 67M600 O h&PY

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.}j The Honorable Nunzio J. Palladino Chairman N l!

Nuclear Regulatory Commission I3 1717 H S treet, N.W. .

f Washington, D. C. 20555 .

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Dear Mr. Chairman:

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1 member of the As Energy a Member ano of' Congress from Long Island anda Ji }

tinuing interest ommerce Committee, I have a con- '

,1 the Shoreham Nuclear Power Station.in the NRC procedures for the licensing -'

mize the cost of Shoreham from regulatory I havedelay worked to mini-(consistent ,

with the protection of public health cnd safety) both with i my colleagues on the Committee and with Chairman Bevill and members of the Appropriations Committee.

Long Island is heavily dependent on impo'rted oil and on some natural gas for generating power, and its electric transmission ties from upstate and New England are limited 4 The actual 1984 load on Long Island will equal the New York .

State Energy Office load forecast for the mid-1990s. Thus, -

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Shoreham is necessary for rel.iability of power on the Island,  ; i and its operation unhealthy reliance is onessential OPEC oil.if we are to ever reduce our {i At First, this juncture, two factors seem clear to me. 1' nuclear plants in general, and Shoreham in particular, does not Island.constitute a risk to the public health and safety on Long ,

Second, further regulatory delay in the licensing and operation of Shoreham results in interest costs of over

$1 million per day that will be paid by the ratepayers. These costs, and lost real property taxes from the plant re a significant economic burden for all Long Islanders,present k

a large share of Shoreham, whether it operatesI or not,Since jm believe on line at it is in their best interests that the plant mandate to ensure its safe operation.the earliest possible date,_"con ,

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Hon. Nunzio . Palladino December 7, 1984 I Page 2 i 4

1i Because of my abiding concern, I intendAccordingly, to close-  :) !,

1y monitor the regulatory process in the future. l

,I request that you provide me with a weekly listing of request, I also docu- .i i ments filed in the public docke' on Shoreham. 'I on a monthly basis, a brief report of any NRC action that !ll might cause further delay. -

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Mr. Chairman, I know that you , your f ellow' Com-missioners, and your staff are working diligently to meet -

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.i your obligations to ensure the saf e construction and You have my full support in opera-tio j

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public health and safety. carrying out your mandate and I look forward to h i from you on the progress of Shoreham.

l I Thank you for your attention to this important .

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Si :er ely ,

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NOR JAN F. LENT Mem aer of Congress NFL/ms .

cc: Hon. Tom Bevill

' Hon. J ames T. Broyhili Hon. Bill Green ;l Hon. John T. Myers -

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