ML20067C499

Affidavit of Jl Bateman.* Affidavit Re Mod of Plant License

ML20067C499
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/01/1991
From:	Bateman J SCIENTISTS & ENGINEERS FOR SECURE ENERGY
To:
Shared Package
ML20067C304	List: ML20067C302 ML20067C491 ML20067C499 ML20067C536 ML20067C563 ML20067C574 ML20067C588 ML20067C610
References
91-621-01-OLA, OLA, NUDOCS 9102120090
Download: ML20067C499 (7)

Text

p f

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

Morton B. Margulies, Chairman Dr. George A. Ferguson Dr. Jerry R. Kline

)

In the Matter of )

) Docket No. 50-322-OLA Long Island Lighting Co., )

/SLBP No.

Shorcham Nuclear Power Station; }

Confirmatory Order Modifying ) 91-621-01-OLA Licenso-(Effective Immediately) )

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

-)

AFFIDAVIT OF JOHN L. EATEMAN, M.D.

John L. Bateman, M.D., being duly sworn, says as follows:

1. I, John L. Beteman, reside at 10 Camoron Drive, Huntington, New York 11743 which is just over twenty-eight miles I

from the Shoreham Huclear Power Station ("Shoreham Plant").

have owned this property for over ten 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 proposal to establish the requisite-interest and standing for intervention as of right,.

2. I also own a thirty-seven foot O' Day center cockpit sloop (sailboat) moored in Huntington Harbor, New York 11743 9102120090 910204 i PDR ADOCK 05000322 1 G PDR I

' ' ' ' ^

--________.__m ___

which is just over twenty-eight miles from the Shurcham plant and is, therefore, also within the geographical zone of interest.

3. I am presently employed by V.A. Medical Center (115) in Northport, New York 11768 as the Associate Chief of Nuclear Medicine Service (diagnostic radioisotope imaging and therapy) .

The Medical center is located about twenty-three miles from the Shoreham Plant. I have worked there as a physician for almost sixteen years. Thus, the majority of my timo, whether I am at work, at homo, or relaxing on my boat, is spent within the

_ geographical zone of interest established by the NRC. Prior to taking my current position at the V.A. Medical center, I spent more than thirteen years in fast neutron and photon radiation biology /modical research at the Medical Research Center at Brookhaven National Laboratory, Upton, New York 11973. As a nuclear medicino physician, I am familiar with both the benefits and risks of nuclear power plante. I strongly support the use of nuclear power to meet our nation's energy needs in a safe, economical, and environmentally benign manner. In this era of escalating energy need and fossil-fuel pollution of our environment, including the disasterous effects of acid rain, it is critical that efficient non-polluting sources of energy, like l

nuclear energy, be encouraged and supported. ,

i l

4. I have been a member of Scientists and Engineers for Securo Energy, Inc. ("SE2 ") since early in 1990. I authorize SE2

.2-

~

to represent my interests, as described herein, in any proceedings to be held in connection with the Immediately Effective Confirmatory Order, issued by the NRC on March 29, 1990, prohibiting the Long Island Lighting Company ("LILC0"),

licensee of the Shoreham plant from placing fue into the reactor vessel without prior NRC approval.

5. I am concerned that the confirmatory Order constitutes another step in tho 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 reduce 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 explicitif allowed are now being advanced as presenting a health and safety threat of such a magnitude that an immediately effective Order was issued to effectively prohibit-operation. SE2 submitted a section 2.206 request in conjunction with the Shoreham-Wading River Central School District in July of 1989 when the destaffing and plant disassembly activities had only just been announced and were yet to be-implamented. The Request asserted that these actions should not be allowed to go forward before publication of a Final Environmental Impact Statement ("FEIS") pursuant to the dictates cf NEPA and because they were inimical to the public health and safety due to their inconsistecy with LILCO's license obligations

1_

t' 4

as a full-power licensee. Despite the fact that the Commission denied-the request for immediate relief end continues tu ignore the issues raised in the. original Section 2.206 request and the supplements thereto, it now relies on the results of the challenged actions to justify issuance of the immediately effective Order without ordering remedial measures or proposing fines.

6. I do not believe that any steps in. furtherance of the Shoraham plant's decommissioning should be implemented until a FEIS evaluating the impacts of, and alternatives to, the entire decommissioning proposal has been completed in compliance with the terms of.NEPA and the NRC's own regulations in a single proceeding. If the NRC allows steps which are clearly in furtherance of decommissioning, and have no necessary independent utility,.to be implemented at the Shoreham Plant prior to the necessary:NEPA~ review, my rights, and.the rights of those aimilarly situated, to have an opportunity.for meaningful comment on the environmental consideration of the. decommissioning proposal will be prejudiced, if not completely denied. Besides reaffirming past actions aimed at removing the Shoreham-Plant

-from service and, therefore, in furtherance of decommissioning, the Confirmatory order also sets the stage for yet other actions

.in furtherance of decommissioning. LLILC0;has applied for a license Emendment 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 chain of ac' cions directed towards the issuance of a license amendment authorizing " possession and use, but not operation." The issuance of a possession only license would be, la turn, a further step in ramoving the plant from service which is the first part of " decommissioning" as defined by the NRC regulations.

7. The Confirmatory order also represents a threat to my personal radiological henith and safety and to my real and personal-proporby in violation of my rights under the Atomic Energy Act of 1954, as amended. In direct violation of its own stated enforce.inat policy, the NRC has failed, in that order, to require LILCO to undertake remedial actionr, to bring the Shoreham Plant into compliance with the terms of its full-power operating license. Thus, should a determination later be made to operato 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 likelihood and risk of a radiological accident.

B. As a Long Island resident, I am also interested in actions which will have a direct offect on the availability of rollable and environmentally benign electric generation to meet I

ny needs and those of my family and the community as a whole.

1 I,

4 l

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 reserve capacity for the growing electric energy demand of the area. Thus, either the shoreham Plant must be operated or alternative generating facilities will

-have.to be built and operated. Because natural gas supplies cannot easily be increased, oil-burning plants will inevitably be j needed to replace the shoreham Plant thereby increasing our ]

-)

reliance on foreign oil and thus reducing the security of our energy supply, among other things. These plants, in turn, will emit pollution lowering air quality in the region and contributing to global warming and acid rain. These effects of the Shoreham Plant's decommissioning will have detriment &?

effects on my health and-on the quality of the natural environment in w'hich I live-day-to-day. This calls for n0rfous ,

consideration of-the alternatives to decommissioning.

9. And if the scope of this proceeding is narrowed to its relationship.to the choice among the alternatives for decommissioning mode, I believe my-health, safety and

-environmental' interests would be harmed by any actions l'

inconsistent with mothballing the plant ("SAFSTOR").

W

10. I understand-that SE[has been joined by the shoreham-

,- River Central School District (" School District")'in L

ig to intervene in.a hearing to be held not only on the 6--

c -

. __ _ . - _ _ _ _- _. . . . . - . . _ . . . - __ ._ . , , , , . -_ , c

Confirmatory order, but also in hearings to consider the

' implications of LILCO's license amendment requests affecting 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 constitute another stop in the decommissioning process underway at the Shoreham Plant. I would favor the consolidation of these three proccodings to considor the issues raised by the School District and SE 2. 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 sin;1e proposal, are cumulatively significant, and have no utility independent of the decommissioning proposal.

/

vv / c M -

J .n L. Bateman M.D.

If '

SUBSCRIBED AND SWORN BEFORE ME, on this _ / day of b b 'H W ,

1991.

f bA Y NoEary Public My Commission expires: 1 O,IDI ennMEN**

s 55'&mi .

f l

1

~ - - - - _ _ _ _ _ _ _ - _ _ _ _ _