ML20245L462
| ML20245L462 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/03/1989 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE |
| References | |
| CON-#289-8560 CLI-88-10, CLI-89-03, CLI-89-07, CLI-89-3, CLI-89-7, OL-1, NUDOCS 8905080046 | |
| Download: ML20245L462 (9) | |
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f UNITED STATES OF AMERICA Dv
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NUCLEAR REGULATORY COMMISSION
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COMMISSIONERS:
1 Lando W. Zech, Jr., Chainnan 6FM.
Thomas M. Roberts 00chtry,f,;r a
EMANN *IJ Kenneth M. Carr Kenneth C. Rogers James R. Curtiss l
NERVfDMAY 3 1989
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL-1
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50-444-OL-1 (Seabrook Station, Units 1 and 2 )
(Onsite Emergency Planning and Safety Issues)
MEMORANDUM AND ORDER CLI 07 By this order the Commission rules on the "Second Motion for Reconsideration of CLI-88-10" (" Motion"), filed on March 3,1989 by the Attorney General of Massachusetts (MassAG) on behalf of himself, the Seacoast Anti-Pollution League and the New Englar.d Coalition on Nuclear 2
Pollution (collectively " Interveners").1 CLI-88-10, among other things, established deconnissioning funding requiraents which Applicants must meet before a license can issue permitting low-power testing operatinns at Seabrook.
Interveners ask that the Commission, on reconsideration of that order, " remand the issue of low-level waste generation and disposal IThe Applicants filed their response on March 13, 1989, and the Staff, in turn, filed on March 20, 1989.
2Public Service Company of New Hampshire (Seabrook Station Units 1 and 2), CLI-88-10, 28 NRC 573 (1988).
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to the Licensing Board for litigation" based on factual allegations of the' unavailability of low level waste disposal sites. As the Commission explains briefly below, the Interveners have again fundamentally misperceived the purpose and nature of the'deconnissioning funding requirements and thus failed to make a case for reconsideration.
In CLI-89-034 (denying reconsideration of CLI-88-10), the Commission reiterated that it had established specific financial assurance requirements to provide reasonable assurance of the availability of decommissioning funding in the event low power testing had occurred but r.
full power license was not authorized. The Commission made clear that to effect a change in the Commission's dollar-requirements a party would at the least have'to " squarely challenge those included in the Commission's determination". CLI-89-03 slip op. at 9.
' Interveners' Motion argues that South Carolina's denial of access by New Hampshire to the low level waste regional disposal facility located at Barnwell, S.C., and the State of Washington's denial of access to the facility at Richland, Wash., along with the expected denial by Nevada to the facility at Beatty, Nev., would assure that low level weste generated by low-power operation et Seabrook camot now be shipped off site.5 3Motion at 2.
4Public brvice Company of New Hampshire (Seabrook Station Units 1 and 2) CLI-89-3, 29 NRC (March 6, 1989).
5Denial of access is permitted under provisions of the Low-Level Radioactive Waste Policy Act of 1985, 42 U.S.C. 6 2011b, et seq.
(LLRWPA).
In particular, 43 U.S.C. I 2021e(e)(2)(B) establishes requirements for states or interstate compact regions that do not have operating low level radioactive disposal sites and permits sanctions against those states or compacts that do not meet milestones toward the (FootnoteContinued) 2
Interveners fail to assert what the projected increase in costs of lengthier onsite storage would be, but simply say they must be explored, l'
The Commission disagrees.
Even in the event that all three waste disposal sites were barred to Seabrook and the state of New Hampshire does not move to meet its obligations under LLRWPA--matters that, except for purposes of argument, we may not assume to be true, the Commission sees no need to alter its decision in CLI-88-10. No demonstration has been made to cause the Commission to believe that the sum which it ordered set aside in CLI-88-10, including a contingency in excess of $14 million, is inadequate to provide the requisite assurance for the limited additional potential costs of continued onsite storage for the term of years until the state of New Hampshire itself becomes responsible for the waste.6 Under LLRWPA, costs to Applicants of low-level waste storace are limited to those accruing until January 1, 1996.7 (FootnoteContinued) development and licensing of their own disposal sites. Failure to meet the January 1,1989 milestone subjects the delinquent state or compact to the possibility of a bar of future shipments of waste into Barnwell, Richland and Beatty.
0The Commission notes, without necessarily relying on, Applicants' evidence by addidavit of the limited nature of such costs. See Applicants Response at 6 with supporting Affidavit of George S. Thonas, dated March 10, 1989.
742 U.S.C. 6 2021e(d)(2)(C) states in relevant part:
If a State (or, where applicable, a compact region) in which low-level radioactive waste is generated is unable to provide for the disposal of all such waste generated within such State or the compact region by January 1, 1996, each State in which such waste is generated, upon the request of the generator or owner of the waste, shall take title to the waste, be obligated to take possession of (FootnoteContinued) 3
i The Commission adheres to the view that it previously emphasized:
The Comission has not determined that dect;missioning will be required after low power but simply t at 'en these unique circumstances financial projections should be in place to provide reasonable assurance of the availability of funds should commercial operations not occur.
In that light the Comission did not require or expect that the analysis of the costs of decommissioning would include precise information... The Comission expected approximate estimates of costs so that a reasonable minimum sum could be determined and then adequate assurance provided for its availability.
28 NRC at 586 [ emphasis in original].
In light of the foregoing discussion, the Comission finds that the 8
changed circumstances brought to us by Interveners should not be expected to alter substantially the sums estimated by the Comission and
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1 (Footnote Continued) waste, and shall be liable for all damages directly or indirectly i
incurred by such generator or owner as a consequence of the failure of the State to take possession of the waste as soon after January 1,1996, as the generator or owner notifies the State that the waste i
is available for shipment.
OThe Comission previously stated that its decision on reconsideration in CLI-89-03 would be only on the existing record.
See CLI-89-03, slip op. at 5 n.8.
Because of allegedly changed circumstances that could not previously have been brought to us, we have given consideration here to matters beyond the original record.
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thus that reconsideration is not warranted. Accordingly, Interveners' Motion is denied.
1 It is gDERED.
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Oecretary of the Comission SAMUEL J'.M ILK c.
- kg Dated at Rockville, Maryland thishdayofMay,1989.
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9Comission Carr was absent for the affirmation of this order.
If he had been present he would have approved it.
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I UNITED STATES OF AMERICA HUCLEAR REGULATORY COMMISSION In the Matter of I
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PUBLIC SERVICE COMPANY OF NEW I
Docket No.(s) 50-443/444-OL-1 HAMPSHIRE. ET AL.
1 (Seabrook Station. Units 1 and 2) l
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CERTIFICATE OF SERVICE I
1 I hereby certify that cooles of the forsootno COMM MEMD & DRDER (CLI-89-07) have been served upon the followino persons by U.S. sail, first class except as otherwise noted and in accordance with the reautrements of 10 CFR Sec. 2.712.
i Administrative Judae Administrative Judae Alan S. Rosenthal. Chairman Thomas S. Moore Atomic Safety and Licensing Appeal Atomic Safety and Licensino Appeal Board Board U.S. Nuclear Raoulatory Commission U.S. Nuclear Reculatory Cossission I
Washinoton, DC 20555 Washington, DC 20555 j
Administrative Judae Howard A. Wilber Administr:tive Judoe Atomic Safety and Licensino Appeal Peter B. Bloch, Chairman Board Atcaic Safety and Licensing Board U.S. Nuclear Raoulatory Commission U.S. Nuclear Regulatory Commission Washinoton, DC 20555 Washington, DC 20555 Administrative Judae Administrative Law Judoe Jerry Harbour Ivan W. Smith Atcaic Safety and Licensinc Board Atomic Safety and Licensino Board U.S. Nuc!sar Raoulatory Compission L.S. Nuclear Reculatory Commission Washincton. DC 20555 Washington. DC 20555 A1ministrative Judoc Edwin J. Reis. Esq.
Erseth A. Luebke Office of the Seneral Counsel 5500 Friendship Boulevard, Apt. 1923N U.S. Nuclear Regulatory Cosaission Chevy Chase. MD 20B15 Washington, DC 20555 Diane Curran. Esq.
Thomas 6. Dignan, Jr., Esq.
Harmon, Curran & Tousley Ropes 6 Gray 2001 S Street. N.W., Suite 430 One International Place Washington, DC 20009 Boston, MA 02110
Docket Nc.(s)50-443/444-OL-1 COMM MEMO & ORDER (CLI-89-07) i Robert A. Backus. Esq.
Paul NcEachern Esq.
Backus, Meyer & Solomon 8haines & McEachern 116 Lowell Street 25 Maplewood Avenue, P.O. Box 360 Manchester. NH 03106 Portsmouth, NH 03801 Bary W. Holmes Esq.
Chart:s P. Graham, Esq.
Holmes & Ells McKay, Murphy and Graham 47 Winnacunnet Road 100 Main Street Hampton, NH 03842 Amesbury, MA 01913 Barton Z. Cowan. Esq.
Jane Doughty Eckert, Seamans. Cherin & Mellott Seacoast Anti-Pollution League 600 Grant Street 42 Floor 5 Market Street Pittsburgh, PA 15219 Portsmouth, NH 03801 Georce W. Watson, Esq.
Edward A. Thomas Federal Emergency Management Agency Federal Energency Management Agency 500 C Street S.W.
442 J.W. McCormack (PDCH)
Washington, DC 20472 Ber. ton, MA 02109 6eorce D. Bisbee, Esq.
Paul A. Fritzsche, Esq.
Assistant Attorney General Office of the Public Advocate Office of the Attorney General State House Station 112 25 Capitol Street Augusta, ME 04333 Concord. NH 03301 Suzanne Breiseth John Traficonte, Esq.
Board of Selectmen Chief, Nuclear Safety Unit Town of Hampton Falls Office of the Attorney General Drinkwater Road One Ashburton Place,19th Flont Hampton Falls, NH 03B44 Boston, MA 02108 Matthew T. Brock, Esq.
Philip Ahruns Esq.
Assistant Attorney General Assistant Attorney Beneral Office of the Attorney Beneral Office of the Attorney General One Ashburton Place, 19th Floor State House Station, #6 Boston. MA 02108 Augusta, ME 04333
Docket No.(s)50-443/444-OL-1 COMM MEMO & ORDER (CLI-89-07)
The Honorable Edward J. Markey, Chairman Richard A. Haspe, Esc.
ATTN Linda Correia Hampe & McNicholas Subcommittee on Energy Conservation and 35 Pleasant Street Power Concord. NH 03301 House Committee on Eneroy and Cosserce Washington, DC 20515 l
J. P. Nadeau Allen Lampert Board of Belectmen Civil Defense Director 10 Central Street Town of Brentwood i
Rye. NH 03870 20 Franklin Street Exeter. NH 03833 William Armstrano Sandra Gavutis. Chairman Civil Defense Director Board of Selectsen Town of Exeter RFD #1 Box 1154 10 Front Street Kensington, NH 03627 Exeter. NH 03835 Calvin A. Canney Anne Goodman Chairman City Manacer Board of Selectmen City Hall 13-15 Newmarket Road 126 Daniel Street Durham, NH 03B24 Portsmouth. NH 03801 Peter J. Matthews Board of Selectmen Mayor of Newburyport Town Hall - Friend Ctreet City Hall Amesbury. MA 01913 Newburyport, MA 01950 R. Scott Hill-Whilton Escuire hichael Santosuosso. Chairain Laoculis, Hill-Whilton & McGuire Board of Selectmen 79 State Street Ecuth Haaoton, hH 03627 Newburypert,. MA 01950 Stanley W. Knowles, Chairsan Board of Belectmen Beverly Hollingworth P.O. Bo.' 710 209 Winnacunnet Road North Hampton, NH 03062 Hampton, NH 03B42
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Docket Noa(s)50-443/444-OL-1 COMM MEMD & ORDER (CL1-89-07) 6 The Honorable The Honorable Bordon J. Humphrey Nicholas Marvoules ATTNs Janet Colt ATTN Michael Greenstein United States Senats 70 Washington Street
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Washington, DC 2051, Sales. MA 01970 i
Dated at Rockville. Md. this
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Of ic of the Secretary of the Consission i
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