ML20067C536

Affidavit of Franz,E M.* Affidavit Re Mod to Facility License

ML20067C536
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/03/1991
From:	Franz E SCIENTISTS & ENGINEERS FOR SECURE ENERGY
To:
Shared Package
ML20067C304	List: ML20067C302 ML20067C491 ML20067C499 ML20067C536 ML20067C563 ML20067C574 ML20067C588 ML20067C610
References
91-061-01-OLA, 91-61-1-OLA, OLA, NUDOCS 9102120103
Download: ML20067C536 (7)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Morton B. Margulics, Chairman Dr. George A. Ferguson Dr. Jerry R. Kline In the Matter of )

) Docket No. 50- 3 2 2 -O LA Long Island Lighting Co., )

Shoreham Nuclonr Power Station; ) ASLDP No.

Confirmatory Order Modifying )91-061 O LA Licenso (Effective Immedjately) )

(55 Fed. Reg. 12758, April 5, 1990) )

)

1 AFFIDAVIT OF EENA-MAI FRAN3 Eona-Mai Franz, being duly sworn, says as follows:

1. I, Eena-Mai Franz, reside at 25 Josephine Boulevard, 3horeham, New York 11786 which is less than two miles from the Shoreham Nuclear Power Station ("Shoreham Plant"). I have owned this property for thirteen years. Thus, I live within the fifty mile. geographical zone utilized by the U.S. Nuclear Regulatory Commission ("NRC") to determine whether a party is sufficiently threatened by the radiological hazard and other environmental impacts of the propasal to establish the requisite interest and standing for intervention as of right.

2. I have been employed as a radio and nuclear chemist for the past twenty-c;ght years at Brookhaven National Laboratory, Upton, New York 11786, located about seven miles from the 9102120103 910204 PDR ADOCK 05000322 O PDR

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Shoreham plant. I have spent eighteen years doing basic research in r.uclear chemistry and an additional ten years in applied research in .'cw-level nuclear waste management. As a nuclear chemist, I am familiar with both the benefits and risks of nuclear power plants. I strongly support the use of nucioar power to moet our nation's energy needs in a safe, economical, )

I and environmentally benign manner.  ;

I

3. I have been a monber of Scientists and Engineers for Secure Energy, Inc. ("SE 2") since early in 1990. I authorico SE, to represent my interests, as described herein, in any proceedings to be hold in connection with the Immediately Effective Confirmatory order, issued by the NRC on March 29, 1990, prohibiting the Long Island Lighting Company ("LILCo"),

licensco of the Shoreham plant from placing feel into the reactor vessel without prior NRC approval.

4. I am concerned that the Confirmatory order constitutes t

another step in the decommissioning process presently underway at Shoreham in violation of my rights under the National Environmental Policy Act ("NEPA"). The order reaffirms the previous NRC decisions allowing LILCO to recuce staffing and maintenance to a level clearly inconsistent with the terms of the full power operating license and several NRC regulations. These very actions which the NRC explicitly allowed are now being advanced as presenting a health and safety threat of such a

magnitude that an immediately effective Order was issued to offectively prohibit operation. SE, submitted a section 2.206 request in conjunction with the Shoreham-Wading River Contral School District in July of 1989 when the destaffing and plant disassembly activities had only just been announced and wero yet to be implemented. The Roquest asserted that those actions should not be allowed to go forward beforo publication of a Final Environmental Impact Statement ("rEIS") pursuant to the dictates of NEPA and because they wore inimical to the public health and safety due to their inconsistecy with LILCO's license obligations as a full-power licansoc. Despite the fact that the Commission denied the request for immediate relief and continues to ignore the issues raised in the original Section 2.206 request and the supplemento thereto, it now relion on the results of the challonged actions to justify issuance of the immediately offective Order without ordering remedial measures or proposing fines.

S. I do not believe that any stops in furtherance of the Shoreham Plant's decommissioning should be implemented until a 3 FEIS ovaluating the impacts of, and alternativos to, the entire decommissioning proposal has been completed in compliance with the terms of NEPA and the NRCa. own regulations in a singlo proceeding. If the NRC allows steps which are clearly in furtherance of decommissioning, and have no necessary independent utility, to be implemented at the Shorcham Plant prior to the

necesenry NEPA review, my rights, and the rights of those similarly situated, to have an opportunity for meaningful comment on the environmental consideration of the decommissioning proposal will be prejudiced, if not completely denied. Desides reaffirming past actions aimed at removing the Shoreham Plant from service and, therefore, in furtherance of decommissioning, the Confirmatory Order also acts the stage for yet other actions in furtherance of decommissioning. LILCO has applied f or a license amendment to recognize the defueled state of the plant which will in turn facilitate the transfer of the plant to the Long Island Power Authority. The Confirmatory order, which prohibits operation of the plant, is a first link in a chsin of actions directed towards the issuance of a license amendment authorizing "posscLoion and use, but not operation." The issuance of a possession only license would be, in turn, a further stop in removing the plant from service which is the first part of " decommissioning" as defined by the NRC regulations, c 6. The Confirmatory Order also represents a threat to my

, personal radiological health and safety and to my real and personal property in violation of my rights under the Atomic Energy Act of 1954, as amended. In direct violation of its own stated enforcement policy, the NRC has failed, in that order, to require LILCO to undertake remedial actions to bring the Shoreham Plant into compliance with the terms of its full-power operating

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I 6 license. Thus, should a determination later be made to operate the Shoreham Plant, deterioration allowed by LILCO and by that incomplete Order will at the least move operation further away in time, and at the worst, increase the likollhood and risk of a radiological accident.

7. As a Long Island resident, I am also interestod in actions which will have a direct offcet on the availability of rollable and environmentally benign electric generation to moot my noods and those of my family and the community as a whole. I understand that Long Island is presently at the full capacity of the existing natural gas pipelines which supply this area and that there is inadequate raservo capacity for the growing electric energy demand of the area. Thus, in order to avoid brownouts or blackouts, oither the Shoreham Plant must be operated oc alternativo generating facilities will have to be built and operated. Because natural gas supplios cannot easily be increased, oil-burning plants will inevitably be nooded to replace the Shoreham Plant thereby increasing our rollance on foreign oil and thus reducing the security of our energy supply, among other things. Those plants, in turn, will omit pollution lowering air quality in the region and contributing to global warming and acid rain. Those offects of the Shoreham Plant's decommissioning will have detrimental offects on my health and on the quality of the natural onvironment in which I live day-to-day. In addition, Long Island ratopayers, like myself, will not

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only be forced to pay the costs associated with building and decommissioning Shoreham, but alsc the costs of building replacement oil-burning plants. Under the terms of the " deal" between New York Stato and LILCO, electric r6tos will probably increase by 10% por year (while before the deal the ratos increased a total of about 3% in three years). These rato increases will lead to a weakened Long Island economy and real estato market. The businesses will have to increase their pricos which I will have to pay. Many businessos and residente are already leaving Long Island. Those remaining will have to pay higher taxes. Part of those tax increases will go to pay for the Long Island Power Authority, a usoloss agency. This calls for serious consideration of the alternativos to decommissioning. I personally believe that the solution would be to have the Now York Power Authority operate Shoreham. This would make rato increases unnecessary and Long Island'u electric supply weald be soaured.

8. And if the scopo of this proceeding is narrowed to its relationship to the choice among the alternativos for decommissioning modo, I bollove my health, safety and environniental interests would be harmed by any actions inconsistent with mothballing the plant ("SAFSTOR").

9. I understand that SE2 has been joined by the Shoreham-Wading River Central School District (" School District") in 6-l l

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seeking to intervene in a hearing to be held not only on the confirnatory order, but also in hearings to consider the implications of LILCO's license amendment requests af fecting both Physical Security and Offsite Emergency Preparedness. I also understand that the issues raised by all of these actions significantly overlap due to the fact that each of the actions constithteanotherstepinthedecommissioningprocessunderway at the Shoreham Plant. I would favor the conseilidation of these three proceedings to consider the issues raised by the School District and SE g. consolidation would be the most efficient and expeditious way to proceed for all concerned. I also submit that such consolidation is demanded by NEPA because all of,these segmented proposals and actions are, in-fact, part of a single proposal, are cumulatively significant, and have no utility-independent of the decommissioning proposal.

D ' YA '

Eena-Mai Franz

-vs SUBSCRIBED AND SWOPJ1 BEFORE ME, on this 8 day of NW ,

1991. /

HJ w -u c k Notar{ Public My Commission expires:

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