ML20247L301

Forwards J Mcgranery & L Bickwit 10CFR2.206 Petitions & Suppls & Requires,Under 10CFR50.54 (F) Provisions,That Licensee Address Each Concern Raised within 30 Days of Ltr Receipt

ML20247L301
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	09/15/1989
From:	Murley T Office of Nuclear Reactor Regulation
To:	Steiger W LONG ISLAND LIGHTING CO.
Shared Package
ML20247L306	List: ML20247L301 ML20247L318
References
CON-#489-12282, CON-#491-12282 2.206, DD-90-08, DD-90-8, NUDOCS 8909220180
Download: ML20247L301 (5)

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UNITED STATES

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I NUCLEAR REGULATORY COMMISSION g g WASHINGTON, D. C. 20%5 k => ,s* / September 15, 1989 j

00cket No.: 50-322 ,

. I Mr. William E. Steiger, Jr.  !

Assistant Vice President-Nuclear Operations Long Island Lighting Company Shoreham Nuclear Power Station P. O. Box 618, North Country Road Wading River, New York 11792

SUBJECT:

REQUEST FOR LICENSEE RESPONSE PURSUANT TO 10 CFR 50.54(f)

TO McGRANERY AND BICKilIT 10 CFR 2.206 PETITIONS RE: SHOREHAM NUCLEAR POWER STATION On July 14, 1989, Mr. James McGranery of the Dow, Lohnes & Albertson law firm filed a Petition pursuant to 10 CFR 2.206. The Petition was filed on behalf of ~

the Shoreham-Wading River School District. On July 26, 1989, Mr. McGranery filed a-Petition on behalf of Scientists and Engineers for Secure Energy, Inc,

.(SE,) requesting that the same action be taker on the same bases, as requested in the Shoreham-Hading River Central School Discrict Petition. In his Petitions, Mr. McGranery requested that the Executive Director for Operations issue an imediately effective order to the Long Island Lighting Company (LILCo) 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. Mr. McGranery further requested 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.

The bases for McGranery's request are that (1) the defueling of the core of the Shoreham station involves an unreviewed safety question, because it is unnecessary and because the increased risk of accidents in the transfer of fuel to the spent fuel pool outweighs the slight additional margin of safety provided by the spent fuel pool, and, as such requires prior Comission approval in accordance with 10 CFR 50.59; (2),the issuance of the full-power operating license for the 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 comitments to the Comission; (3) the lack of maintenance activities at the facility is contrary to a March 1989 Operational Readiness Assessment Report; (4) the licensee's plan to substitute fossil-fuel-bc ning 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 Environmental Statement for the operating license and, as such, presents an unreviewed environmental question that requires prior Comission approval; (5) such an order would allow for a full environmental review pursuant to the National Environmental Policy Act, g999220180 890M 5 ,

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Mr. William E. Steiger, Jr. the Council on Environmental Quality guidelines, and the Comission's regulations in 10 CFR Part 51; and (6) the issuance of a license amendment authorizing decommissioning is a major Commission action significantly affecting the quality of the environment and requires an environmental impact statement or supplement to an environmental impact statement as specified in 10 CFR 51.20(b)(5) and (b)(13).

By letter dated July 20, 1989, the Petitioner's request for immediate action was denied. The original request has been supplemented by letters of July 19, July 21, July 26, and July 31, 1989.

On August 4,1989, Mr. Leonard Bickwit, Jr., of the Miller & Chevalier, Chartered, law firm filed a Petition pursuant to 10 CFR 2.206 on behalf of the Long Island Association requesting that action be taken with regard to Shoreham Nuclear Power Station, Unit 1. Specifically, Mr. Bickwit requested that the Commission order the suspension of LILCo's actions in furtherance of a " minimum posture condition" at Shoreham, undertake an investigation into whether license violations have occurred, initiate an environmental review of the planned decommissioning of Shoreham, and devise a process to consider Shoreham issues.-

The bases for Mr. Bickwit's request are that LILCo (1) is making changes to its facility, (2) has taken actions that constitute a "de facto" decommissioning of Shoreham, (3) has violated Commission regulations and the regulations of the Council on Environmental Quality, and (4) otherwise has taken actions that are inconsistent with the premises underlying its license.

The Petitions and the supplements filed by Mr. McGranery and Mr. Bickwit are enclosed. These documents are being provided to you to allow us to obtain your comments on the concerns expressed in these Petitions before the Director's Decision on this matter is issued. Therefore, LILCo is required, under the provisions of 10 CFR 50.54(f), to review the enclosed documents and to address each concern raised within 30 days of receipt of this letter. If you need additional time to submit your comments, provide us with the date when your comments will be submitted within two weeks of receipt cf this letter.

Sincerely,

~l y -

Thomas E. Murley, Director Office of Nuclear Reactor Regulation

Enclosure:

As stated cc w/ enclosure:

See next page

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Mr. William E. Steiger, Jr. l .

the Council on Environmental Quality guidelines, and the Commission's regulations in 10 CFR Part 51; and (6) the issuance of a license amendment authorizing decommissioning is a major Commission action significantly affecting the quality of the environment and requires an environmental impact statement or supplement to an environmental impact statement as specified in 10 CFR 51.20(b)(5) and (b)(13).

By letter dated July 20, 1989, the Petitioner's request for immediate action was denied. The original request has been supplemented by letters of July 19, July 21, July 26, and July 31, 1989.

On August 4,1989, Mr. Leonard Bickwit, Jr., of the Miller & Chevalier, Chartered, law firm filed a Petition pursuant to 10 CFR 2.206 on behalf of the Long Island Association requesting that action be taken with regard to Shoreham Nuclear Power Station, Unit 1. Specifically, Mr. Bickwit requested that the Commission order the suspension of LILCo's actions in furtherance of a " minimum posture condition" at Shoreham, undertake an investigation into whether license violations have occurred, initiate an environmental review of the planned decommissioning of Shoreham, and devise a process to consider Shoreham issues.

The bases for Mr. Bickwit's request are that LILCo (1) is making changes to its facility, (2) has taken actions that constitute a "de facto" decommissioning of Shoreham, (3) has violated Commission regulations and the regulations of the Council on Environmental Quality, and (4) otherwise has taken actions that are inconsistent with the premises underlying its license.

The Petitions and the supplements filed by Mr. McGru,ery and Mr. Bickwit are enclosed. These documents are being provided to you to allow us to obtain your comments on the concerns expressed in these Petitions before the Director's Decision on this matter is issued. Therefore, LILCo is required, under the provisions of 10 CFR 50.54(f), to review the enclosed documents and to address each concern raised within 30 days of receipt of this letter. If you need additional-time to submit your comments, provide us with the date when your comments will be submitted within two weeks of receipt of this letter.

Sincerely,

/s/

Thomas E. Murley, Director .

Office of Nuclear Reactor Regulation l

Enclosure:

As stated Dfoi cc w/ enclosure: i See next page DISTRIBUTION: w/ encl.

, Docket File . NRC PDR/LPDR PDI-2 Rdng SVarga/BBoger WButler SBrown/CShiraki OGC M0'Brien EJordan/BGrimes ACRS (10)

MMejac JPartlow TMurley

• Previously concurred [STEIGERLETTER]

PDI-2/PM* PDI-2/D* OGC* TECH ED* ADRI* DRP/D* ADP* ONRR/D l SBrown:tr WButler LC MMejac BBoger SVarga JPartlow TMurley I 08/29/89 08/29/89 09/05/89 08/28/89 09/06/89 09/06/89 09/08/89 09/15/89 {

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e Mr. William E. Steiger, Jr.

Long Island Lighting Company Shoreham Nuclear Power Station CC:

b Victor A. Staffieri, Esq.

General Counsel MHB Technical Associates Long Island Lighting Company 1723 Hamilton Avenue Suite K 175 East Old County Road San Jose, California 95125 Hicksville, New York 11801 Richard M. Kessel

.W. Taylor Reveley, III, Esq.

Hunton & llilliams Chairman & Executive Director Post Office Box 1535 New York State Consumer Protection Board 707 East Main Street Room 1725 Richmond, Virginia 23212 250 Broadway New York, New York 10007 Mr. Lawrence Britt Shoreham Nuclear Power Station Jonathan D. Feinberg, Esq.

Post Office Box 618 New York State Department Wading River, New York 11792 of Public Service Three Empire State Plaza Mr. John Scalice Albany, New York 12223 Plant fianager Shoreham Nuclear Power Station Fabian G. Palomino, Esq.

Post Office Box 628 Special Counsel to the Governor Wadirg River, New York 11792 Executive Chamber - State Capitol Albany, NY 12224 Resident Inspector Shoreham NPS U.S. Nuclear Regulatory Commission Martin Bradley Ashare, Esq.

Suffolk County Attorney Post Office Box B H. Lee Dennison Building Rocky Point, New York 11778 Veteran's Memorial Highway Hauppauge, NY 11788 Regional Administrator, Region I U.S. Nuclear Regulatory Commission Robert Abrams, Esq.

475 Allendale Road Attorney General of the State King of Prussia, Pennsylvania 19406 of New York ATTN: John Corwin, Esq.

Ms. Donna Ross New York State Department of Law New-York State Energy Office Agency Building 2 Consumer Protection Bureau 120 Broadway Empire State Plaza 3rd Floor Albany, New York 12223 New York, NY 10271

l ll'e, l '. K Long Island Lighting Company Shoreham l:

cc:

James P. McGranery. Jr., Esq. ' Leonard Bickwit, Jr., Esq. .

Dow, Lohnes and Alberson Miller & Chevalier, Chartered

' Suite 500- Metropolitan Square

'L 1255 23rd Street, N.W. 655 Fifteenth Street, N.W.

? Washington, D.C. 20037 Suite 900 Washington, D.C. 20005-5701 Dr.L A. David Rossin Resources Conservation Organization Suite 320 101 First Street Los Altos, CA 94022 David J. McGoff Associate Deputy Assistant Secretary for Reactor Deployment U.S. Department of Energy. .

Washington, D.C. 20545 I

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