ML20236T974

Urges NRC to Convene Formal,Comprehensive Hearing for Public Involvement in Decision to Restart Facility.Proceeding Would Provide Affected Parties Opportunity to Participate in decision-making Process

ML20236T974
Person / Time
Site:	Pilgrim
Issue date:	09/17/1987
From:	Erin Kennedy, Studds G HOUSE OF REP., SENATE
To:	Zech L NRC COMMISSION (OCM)
Shared Package
ML20236T955	List: ML20236T952 ML20236T974
References
NUDOCS 8712020200
Download: ML20236T974 (3)

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'\"?"LT,*Ca*d' THE ENVIRONMENT Mr. Lando W. Zech,'Jr., Chairman United States Nuclear Regulatory Commission i 1717 H Street, N.W. )

Washington, D.C. 20555 )

Dear Mr. Zech:

We are writing with regard to the restart of the Pilgrim Nuclear Power Plant in Plymouth, Massachusetts.

As you know, the Boston Edison Company (BECO) shut down the Pilgrim plant in April 1986 to investigate a number of operational problems. The NRC issued a Confirmatory Action letter soon thereafter. In a supplemental letter dated August 27, 1986, then Regional Administrator Thomas Murley-directed the utility to submit a written report documenting corrective actions. He further advised that the plant could not restart  !

without his authorization. l Since ceasing plant operations, BECO has been taking' steps to address serious problems relating to plant management, reactor safety, and offsite emergency planning. It is our understanding that the utility intends to apply for restart approval in the near future. We have grave concerns that NRC commissioners will make a determination on this request without allowing adequate opportunity for public participation. ,

Restart of Pilgrim is not, as you well know, a simple matter.

We are not talking about a plant that was shut dcwn for refueling, or for minor safety violations. We are talking about restarting  ? olant that was described V NRC officials in May 1986 as one of the eight leart safe plants in the country; has been involved 1.. numerous enforcement actions since 1972, and has bec.r assessed almost $700,000 in civil penalties; received " minimally satisfactory" ratings in 5 of 12 performance categories in the most recent SALP report; B712O20200Og2O PDR COMMS N CORRESPONDENCE PDR

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Page Two Mr. Lando Zech September 17, 1987 utilizes General Electric's Mark I containment, criticized by the NRC for serious design flaws that compromise safety; i

followed an emergency evacuation plan that has been rejected by federal, state and local disaster planning officials.

Under these circumstances, it is absolutely essential that the NRC provide for the broadest possible public participation in the restart decision. Many of our constituents live within Pilgrim's shadow. Thousands live within a ten-mile radius of the plant, and many thousands more live on nearby Cape Cod. A number of them have expended a great deal of time and effort to become knowledgeable about the complex subject of nuclear power ,

production. They have serious reservations about the plant's {

safety and the ability of civil defense officials to evacuate them in the event of an accident. Given the plant's history, their concerns are legitimate, and cannot be ignored by NRC l commissioners.

In the August 21, 1987 interim decision on the Petition for Show Cause filed by State Senator William Golden and others, Mr.  !

l Murley, Director of the Office of Nuclear Reactor Regulation, l described the opportunities for public participation. He I

indicated that the public will be allowed to attend a meeting at i which the commissioners will be briefed by staff. We understand l that this meeting would probably also include a presentation by utility officials, followed by the announcement of the decision I l on restart. We have been advised that such meetings generally do not allow for public participation. In addition, Mr. Mur3ey-states that the NRC staff has agreed to meet with Senator Golden and other petitioners. If this will be the full extent of public involvement, it is, in our view, totally inadequate.

In order to allow for appropriate public participation in this j matter, we believe strongly that the NRC should convene -- in the Plymouth area -- a hearing or series of hearinge, as provided in 42 U.S.C. 82339 and Part 2 of 10 CFR Chapter 1.

Such a proceeding would provide affected parties the opportunity I

to present evidence, question witnesses, including expert witnesses, and otherwise meaningfully participate in the decision-making process. Under the regulations, the NRC's decision would have to be based on the whole record and supported by reliable, probative, and substantial evidence.

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o Page Three Mr. Lando Zech September 17, 1987 In our view, public trust in BECO cannot be restored unless there is ample opportunity for public involvemen in the decision to restart Pilgrim. We urge yo to conrene a formal, comprehensive hearing in the near futur n lo,; forward to your response. -

Si ere y, w .- - - - --g.

Edward M. Kennedy Gerry 3. Studds U.S. Senate U.S. H u e of Representatives 1 l l

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