ML20247C124

Requests Response to Issues Raised in Ltr Re Restart of Plant,Including Info Re Whether Facility Subj to EIS When NRC Originally Issued CP & OL

ML20247C124
Person / Time
Site:	Pilgrim
Issue date:	03/14/1989
From:	Swartz L COUNCIL ON ENVIRONMENTAL QUALITY
To:	Scinto J NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20247C116	List: ML20247C113 ML20247C124
References
NUDOCS 8905240349
Download: ML20247C124 (4)

Text

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EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY

• 722 JACKSON PLACE, NW.

WASHINGTON, DC 20503 b.

March 14, 1989 Joseph F. Scinto, Esq.

Deputy General Counsel United States Nuclear Regulatory Commission L Washington, D.C. 20555

Dear Joe:

I appreciate the information you provided last week about the status of the Pilgrim nuclear power plant in Massachusetts. As I mentioned, Congressman Studds has asked the Council on Environmental Quality to look into what sort of environmental documentation could have or should have been done to comply with the National Environmental Policy Act (NEPA).

From our conversation, I understand that the licensee voluntarily agreed to shutdown the plant for a variety of reasons. Although-the Nuclear Regulatory Commission (NRC) did not order the

, shutdown, the licensee' agreed to perform certain actions with

"'y regard to the facility and agreed not to restart without prior review by NRC. This agreement was put in writing in a confirmatory letter.

In addition, I understand from you that the licensee concluded that it had satisfied the conditions it had agreed to, and notified NRC that it intended to restart. Thus, in NRC's view, restart of the facility requires no action on the part of the agency--only inaction.

After discussing this with you, I talked with a person on Congressman Studds' staff-who gave me a different perspective.

From her I learned that the confirmatory letter from NRC to the licensee not only listed the actions which the licensee agreed to take, but also stated that restart of Pilgrim would not occur until the licensee received authorization from NRC's Regional Administrator. See Letter from Thomas E. Murley, Regiorial Administrator, to William D. Harrington, Boston Edison Company, dated April 12, 1986.

A supplementary letter was also sent, listing additional actions to be taken and indicating that the Regional Administrator was not yet prepared to approve restart of the Pilgrim facility and that his decision on restart would be based upon NRC's review of the licensee's " readiness assessment and restart program." See Letter from Thomas E. Murley, Regional Administrator, to James M.

Lydon, Boston Edison Company, dated August 27, 1986.

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Joseph F. Scinto, Esq.

March 14, 1989

( . Page Two Further, in late 1988, the full Commission voted on the staff's

" Request for Commission Approval for the Restart of the Pilgrim Nuclear Power Station" (SECY-88-346). In this vote, the Commissioners " endorsed the staff's proposal to permit the licensee to restart the Pilgrim Nuclear Power Station provided the staff is satisfied that the licensee is ready to proceed with the power ascension program."

Contrary to what you indicated, it appears that NRC did in fact take action to permit the restart of Pilgrim. To my knowledge, however, that action was not and is not supported by any NEPA documentation. As you are well aware, unless the action taken by NRC is categorically excluded, NEPA requires the agency to prepare either an environmental impact statement assessing the significant environmental impacts of the action or an environmental assessment analyzing whether the expected impacts will be significant.

I would also be interested in learning if the Pilgrim facility s was subject to an EIS when NRC originally issued the construction permit and operating license. If not, the recent changes made to the facility may trigger the requirement to prepare an EIS for the continuing operation of the entire facility.

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I would appreciate your response to the issues raised in this letter at your earliest convenience. Feel free to contactlme or the General Counsel, Dinah Bear, at 395-5754 if you have any questions. Thank you in advance for your assistance.

Sincerely,

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i Lucind Low Swartz (h Deputy General Counsel i

cc: Eileen F. O'Brien Chief Legislative Assistant Office of Congressman Gerry E. Studds i l l

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Dear Mr. Bill:

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At the Subcommittee's hearing earlier today, you testified that the Council on Environmental Quality (CEQ) frequently responds to requests from Federal, state and local agencies and private citizens to examine Federal compliance with the National Environmental Policy Act for specific proposed actions. This is precisely such a request.

In April, 1986, the Nuclear Regulatory Commission ordered the shutdown of the Pilgrim nuclear power plant in Plymouth,

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Massachusetts for a variety of reasons, including deficiencies in management, safety and emergency planning.

The plant resumed operation at a five percent level of capacity last December, but no decision has yet been made about resuming normal operations.

My question is whether Federal regulations require that an environmental assessment be conducted prior to a decision to resume normal operations at the Pilgrim plant.

My reading of NRC regulations (copy attached) is that unless a proposed action is categorically excluded from being the subject of such an environmental assessment, an assessment is required. Decisions to resume operations at a nuclear power plant are categorically excluded only if "the basis for the authorization rests solely on a determination or redetermination by the Commission that applicable emergency planning measures are met."

Given that the problems at Pilgrim have gone well beyond those involving emergency planning, it seems to me that an environmental assessment may be required. Accordingly, I would greatly appreciate it if you could look into this matter as quickly as possible and let me know of your determination.

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.. l March 7, 1989

• ' 2:g3 Two Thank you very much for your consideration of this request.

With kind regards.

Sin er ly, 1

Gerr: . Stu da Chai rrnan Subcommittee on Fisheries and Wildlife Conservation and the Environment Mr. A. Alan Hill, Chairman Council on Environmental Quality 722' Jackson Place, N.W.

Washington, D.C. 20503-Enclosure l

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