ML20247D898
| ML20247D898 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/20/1989 |
| From: | Murley T Office of Nuclear Reactor Regulation |
| To: | Mcgranery J DOW, LOHNES & ALBERTSON |
| References | |
| NUDOCS 8907250328 | |
| Download: ML20247D898 (5) | |
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UNITED STATES g
NUCLEAR REGULATORY COMMISSION
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July 20, 1989
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Mr. James P. McGranery, Jr., Esq.
I Dow, Lohnes & Albertson I
1255 Twenty-Third Street Washington, D.C.
20037-1194 1
Dear Mr. McGranery:
This letter is to acknowledge receipt of tne. petition filed by you on July 14, 1989, on behalf of the Shoreham-Wading River Central School District.
In your i
petition you request that the Executive Director for Operations issue an j
immediately effective order to Long Island Lighting Company to cease and desist from any and all activities related to the defueling and destaffing of Shoreham Nuclear Power Station, Unit 1, and return to the " status quo ante," pending further consideration by the Comission.
You further request that such an order be accompanied by an announcement of the Comission's intention to fine the licensee a substantial amount per day for any violation or continuing violation of the Comission's orders.
j As bases for your request, you assert that (1) the defueling of the core of the 1
Shoreham Station involves an unreviewed safety question, because it is unnecessary j
and because the increased risk of accidents in the transfer of fuel to the spent i
fuel pool outweighs the slight additional margin of safety provided by the spent I
fu?1 pool, and, as such, requires prior Commission approval in accordance with i
10 C.F.R 550.59; (2) the issuance of the full-power operating license for the l
facility was premised, among other things, on adequate staffing, and the licensee has now declared to the Comission its intention to willfully reduce staffing by about half, which would violate the basis of the issuance of its license and the licensee's prior commitments to the Commission; (3) the lack of maintenance activities at the facility is contrary to a March 1989 Operational Readiness 1
Assessment Report; (4) the licensee's plan to substitute fossil-fuel-burning i
units for the Shoreham station is a matter that may result in a significant increase in an adverse environmental impact previously evaluated in the Final i
Environmental Statement for the operating license and, as such, presents an i
unreviewed environmental question that requires prior Commission approval; (5) such an order would allow for a full environmental review pursuant to the i
National Environmental Policy Act (NEPA), the Council on Environmental Quality guidelines, and the Comission's regulations in 10 C.F.R Part 51; and (6). the 1
issuance of a license amendment authorizing decommissioning is a major l
Commission action significantly affecting the quality of the environment and recuires an environmental impact statement or supplement to an environmental impact statement as specified in 10 C.F.R 5551.20(b)(5) and (b)(13).
Your petition has been referred to me pursuant to 10 C.F.R 92.206 of the
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Commission's regulations. As provided by Section 2.206, action will be taken i
on your request within a reasonable time.
However, a preliminary review of the concerns in your petition does not' indicate any need to take immediate action as you request because on the basis of current information, the licensee n
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Mr. James P. McGranery - q 1
I is currently in compliance with the provisions of its' full-power license. The defueling of the reactor vessel is an activity permissible.under the terms of Facility Operating License NPF-82. The destaffing of the plant will not be j
l implemented until early August.
We are currently evaluating the effects of these changes in staffing level to ensure that they will not be inimical to either the common defense and security l
or to the public health and safety. This evaluation will be completed before-i the end of July, and we will take appropriate action if warranted. Furthermore, with regard to your assertion that an environmental impact statement (EIS) or i
I supplement to an EIS should be prepared, we note that defueling the Shoreham facility is authorized bythe Shoreham operating license and does not constitute a separate federal action subject to NEPA. Although you are correct that.the j
decommissioning of a facility requires a-license amendment necessitating the d
preparation of an EIS, such an amendment has not yet been applied for in this case.
If the Comission issues a license amendment authorizing the decommissioning of the Shoreham facility, an environmental review will be performed in accordance with the Comission's regulations.
hrYgYn*n digned by 2cmasE.Eurley,
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Thomas E. Murley, Director j!
Office of Nuclear Reactor Regulation i
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Mr. James P. McGranery J is currently in compliance with the provisions of its full-power license. The defueling of the reactor vessel is an activity permissible under the terms of Facility Operating License NPF-82. The destaffing of the plant will not be implemented until early August.
We are currently evaluating the effects of these changes in staffing level to ensure that they will not be inimical to either the conmon defense and security or to the public health and safety. This evaluation will be completed before the end of July, and we will take appropriate action if warranted. Furthermore, I
with regard to your assertion that an environmental impact statement (EIS) or supplement to an EIS should be prepared, we note that defueling the Shoreham facility is authorized by the Shoreham operating license and does not constitute a separate federal action subject to NEPA. Although you are correct that the decommissioning of a facility requires a license amendment necessitating the preparation of an EIS, such an amendment has not yet been applied for in this case.
If the Commission issues a license amendment authorizing the 4
decommissioning of the Shoreham facility, an environmental review will be j
performed in accordance with the Commission's regulations.
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Sincerely,
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c Thomas E. Murley, Director 1
Office of Nuclear Reactor Regulation 1
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Long Island Lighting Company Shoreham Nuclear Power Station ec:
Victor A. Staffieri. Esq.
Supervisor General Counsel Town of Brookhaven Lcng Island Lighting Company 205 S. Ocean Ave.
175 East Old County Road Patchogue, New York 11772 Hicksville, New York 11801 Town Attorney W. Taylor Reveley, III, Esq.
Town of Brookhaven Hunton & Williams 3232, Route 112 Post Office Box 1535 Medford, NY 11763 707 East Main Street Richmond, Virginia 23212 MHR Technical Associates 1723 Hamilton Avenue Mr. Lawrence Britt Suite K Shoreham Nuclear Power Station San Jose, California 95125 Post Office Box 618 Wading River, New York 11792 Richard M. Kessel Chairman & Executive Director Mr. John Scalice New York State Consumer Protection Plant Manager Board Shoreham Nuclear Power Station Room 1725 Post Office Box 628 250 Broadway Wading River, New York 11792 New York, NY 10007 Resident Inspector Jonathan D. Feinberg, Esq.
Shomhm NPS New York State Department U.S. Nut.ier,.
Regulatory Connission of Public Service Post Office h,c B Three Empire State Plaza Rocky Point, New.%rk 11778 Albany, New York 12223 Regional Administrator, Region I Gerald C. Crotty, Esq.
U.S. Nuclear Regulatory Connission Ben Wiles, Esq.
475 Allendale Road Counsel to the Governor King of Prussia, Pennsylvania 19405 Executive Chamber State Capitol Ms. Donna Ross Albany, New York 12224 New York State Energy Office Agency Building 2 Herbert H. Brown Esq.
Empire State Plaza Lawrence Coe I.anpher, Esq.
Albany, New York 12223 Karla J. Letsche, Esq.
Kirkpatrick & Lockhart Mr. John D. Leonard, Jr.
South Lobby 9th Floor Vice President-Nuclear Operations 1800 M Street, N.W.
Long Island Lighting Co.
Washington, D.C.
20036-5891 Shoreham Nuclear Power Station i
P.O. Box 618, North Country Road Wading River, NY 11792
Long Island Lighting Company Shoreham Nuclear Power Station
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cc:
i Dr. Monroe Schneider Mr.- Charlie Donaldson North Shore Committee Assistant Attorney General Post Office Box 23)
.NYS Department of Law Wading River, NY 11792-Room 3-118 120 Broadway Fabian G. Palomino, Esq.
New York, NY 10271 Special Counsel to the Governor Executive Chamber - State Capitol James P. McGranery, Jr., Esq.
Albany, NY 12224 Dow, Lohnes and Alberson Suite 500 Martin Bradley Ashare, Esq.
1255 23 Street, N.W.
Suffolk County Attorney liashington, D.C. ~20037 i
H. Lee Dennison Building Veteran's Memorial Highway Dr. A. David Rossin Hauppauge, NY 11788 Resources. Conservation Organization i
Suite 320 Robert Abrams, Esq.
101 r ~rst Street Attorney General of the State Los A'itos, CA 94022 of New York ATTN: John Corwin, Esq.
New York State Department of Law Consumer Protection Bureau 120 Broadway 3rd Floor l
New York, NY 10271 l
Honorable Peter Cohalan i
Suffolk County Executive County Executive / Legislative Building Veteran's Memorial Highway Hauppauge, NY 11788 Ms. Nora Bredes Shoreham Opponents Coalition 195 East Main Street Smithtown, New York 11787 l
.Chris Nolin l
New York State Assembly Energy Committee 626 Legislative Office Building Albany, New York ~12248 i
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