ML20215C988

Responds to RM Kessel Re Involvement in Upcoming Insp at Facility & Suffolk County 861128 Request for Similar Involvement.Meeting W/Util Suggested by State of Ny to Resolve Issues

ML20215C988
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	12/08/1986
From:	Murley T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Davis W NEW YORK, STATE OF
References
NUDOCS 8612160133
Download: ML20215C988 (2)

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DEC 8 1986 State of New York New York State Energy Office ATTN: Mr. William Davis Executive Deputy Commissioner Agency Building 2, 10th Floor Empire State Plaza Albany, New York 12223

Subject:

State Involvement in a Shoreham Inspection This is in response to a November 25, 1986 letter from Richard M. Kessel of the New York State Consumer Protection Board in which he requested involvement in an upcoming NRC inspection at the Shoreham Nuclear Power Station. This also refers to a November 28, 1986 letter which requested similar involvement by Suffolk County. I am responding to both letters through you since you are the point of contact designated by the Governor of the State of New York on nuclear matters. Copies of these referenced letters are attached.

The NRC has a history of active cooperation with States in the regulation of nuclear material. Our initiative to establish a program whereby the Governor of each state designates a single point of contact on nuclear issues reflects this cooperative approach. The NRC believes that increased understanding by the States of NRC's regulatory process will result in greater cooperation be-tween the NRC and the States and in increased State and public confidence in our regulatory activities.

The NRC is currently planning an inspection to examine the results of a train-ing program audit performed by LILCO. Although this inspection was initially scheduled to begin December 1, 1986, we delayed this inspection to consider the requests made in the above described letters. We will plan and conduct the inspection according to our established procedures, but in order to better understand the concerns of the State of New York, its various agencies and political subdivisions, we are suggesting a meeting with the State to describe our inspection plans.

We will contact you shortly to work out a mutually agreeable date and time to meet at the NRC Region I office. To assure a productive meeting, participation at this meeting should be limited to you, your technical advisers and other State representatives that you deem appropriate. Also, in light of the interest shown by Mr. Kessel and by Suf folk County, we request that you coordinate with these organizations to assure their views are effectively represented at that meeting. In this way, we will have a central point of contact at the State level with whom we could deal in this matter. Please make the participants and other attendees known to Mr. James T. Wiggins of my staff.

Lastly, I would like to assure you that I intend to cooperate with you and your organization, to the extent feasible, to assure that the State concerns are understood and considered prior to finalizing the inspection plan and performing this inspection.

OFFICIAL RECORD COPY 446WIGGINS12/2/86 - 0001.0.0 8612160133 861208 2 12/05/86 JE()l t PDR ADOCK 0500  ; l G

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2 By copy of this letter, Mr. Kessel, the representatives of Suffolk County and the Long Island Lighting Company are being informed of our plans.

Sincerely, OfliinalSigiids$'

Thomas E. Murley Regional Administrator

1. Letter from R. M. Kessel to T. Murley, dated November 25, 1986.

2. Letter from Kirkpatrick and Lockhart, in behalf of Suffolk County to T. Murley, dated November 28, 1986, cc w/ attachment:

Richard M. Kessel, New York State Consumer Protection Board Herbert H. Brown, Kirkpatrick & Lockhart W. Steiger, Plant Manager B. McCaffrey, Manager, Nuclear Operations Support R. Kubinak, Director, QA, Safety and Compliance E. Youngling, Manager, Nuclear Engineering Anthony F. Earley, Jr. , General Counsel Jeffrey L. Futter, Esquire J. Notaro, Manager, QA Department Director, Power Division Shoreham Hearing Service List Public Document Room (PDR)

Local Public Document Room (LPDR)

Nuclear Safety Information Center (NSIC)

NRC Resident Inspector State of New York bec w/ attachment:

Region I Docket Room (with concurrences)

Management Assistant, DRMA (w/o encl)

Director, DRSS Director, DRS DRP Section Chief B. Bordenick, ELD R. Goddard, ELD Robert J. Bores, DRSS h RI:DRP I: RP F {1 RI:DRP RI:DRA R

$g RI:DRP Wiggins Blough ,

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November 25, 1986 Thomas Murley Regional Administrator United States Nuclear Regulatory Commission King of Prussia, PA 19406

Dear Dr. Murley:

This letter is in reference to the Nuclear Regulatory Commission's decision to initiate a special inspection of the training of Long Island Lighting Company's personnel at 'the Shoreham nuclear power plant. While New York State is pleased that the NRC is taking this step, we believe your action does not go far enough. In particular, we believe there is need for involvement of the State and other interested parties in the inspection, and for the establishment of a means to assure that the process of the inspection a'nd its results are substantively sound and credible to the public. Accordingly, the State requests that you take the following additional steps:

1) Immediately open the special inspection to participation and observation by representatives of New York State and any other parties to the Shoreham proceeding who express an interest to pa r t i ci pa t.e and observe .

') Wi hhold est anl i sh ing t. he  ; cope, cont . n t , and procoss of the i nvest igat ion ont i1 the ';t a t e and any otbor i nt ere it od parties have the opportun i t y to work wit h you toward i ormulat inq mut na l ly

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3) Treat the inspection a :, a cooperative program with the State and any other interested parties so as to facilitate collective support and to minimize disagreements over the workproduct.

The special investigation deals with a subject that has deeply concerned the State. As you know, both LILCO and the NRC Staff refused to give the State a copy of LILCO's audit report and related documents on Shoreham personnel training and qualifications. Now that the report is in the public domain, it is imperative that the NRC proceed openly and in full ~ cooperation with the State and any other interested parties.

The State is prepared to move forward promptly and cooperatively in contributing to the sp al investigation.

I look forward to your early reply and to the opportunity to work with you on thi matter or publ c imp rtance.

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• eua m see seas maarwaaa Avesus b4Abe, et,35us N 080 MM uen mmu usam ouvaa summoso etTTs'unou.rA isza HMERM BROWN November 28, 1986 .na mm.o oso was VIA TELECOPY Dr. Thomas Murley Director, Region I 8 U.S. Nuclear Regulatory Commission King of Prussia, Pennsylvania 19406

Dear Dr. Murley:

This is on behalf of our client, Suffolk County, concerning an inspection of the training of LILCO's personnel at the

' Shoreham Nuclear Power Plant that we have been advised Region I is soon to commence.

The quality and degree of training at Shoreham remain

]j serious questions for Suffolk County and, indeed, the public at large. It is, therefore, of utmost importance that the inspection be performed under circumstances that can ensure the 1

integrity and comprehensiveness of the inspection andUnless the close

• appearance of such integrity and comprehensiveness.

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attention is paid to these objectives, the report on your i inspection will lack credibility with the public, and will raise more issues than it will resolve.

In order to foster such integrity, appearance of integrity, and credibility, Suffolk County submits that your inspection i

should be performed cooperatively with representatives of Suffolk

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i County. Accordingly, we hereby request on behalf of the County which the procedures and lI that you schedule an open meeting at the interested protocol for the inspection can be discussed The undersigned would appreciate your early reply. by y

parties.

Sincerely, I.

I Ite rbe rt II . Brown ec: New York State Counnel LILCO Counsel NRC Staff Counne1

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