ML20062E521

Submits Sixth Suppl to 2.206 Request by Shoreham-Wading River & Scientists & Engineers for Secure Energy,Inc

ML20062E521
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	11/14/1990
From:	Mccranery J, Mcgranery J DOW, LOHNES & ALBERTSON, SCIENTISTS & ENGINEERS FOR SECURE ENERGY, SHOREHAM-WADING RIVER CENTRAL SCHOOL DISTRICT, NY
To:	Murley T Office of Nuclear Reactor Regulation
References
2.206, NUDOCS 9011210059
Download: ML20062E521 (3)

Text

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DOW I.OliNES & ALBERTSON ATTORNEYS AT LAW l 18 55 TWE NTY-T HIR D ST R E CT l WASHINGTON, D. C. 20037 l

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VIA TELECOPY AND MAIL Dr. Thomas E. Murley Director office of Nuclear Reactor Regulation Mail Stop 12-G18 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Ret Sixth Supplement to the Section 2.206 Request by the Shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy, Inc. In US*NC Docket No. 50-322

Dear Dr. Murley:

This is a further supplement to the Request for Immediately Effective Orders in the subject docket with respect to the issues and on the bases set forth in the original Request dated July 14, 1989, as supplemented by our letters of July 19, July 22, and July 31, 1989 and our letters of January 23 and April 5, 1990.

The U.S. Nuclear Regulatory Commission ("NRC"or

" Commission") in issuing, and the Long Island Lighting Company

("LILCO" or " licensee") in accepting, full-power operating license NPF-82 committed LILCO, among other things, both to maintaining certain levels of staffing as detailed in the license, the Licensee's Update Safety Analysis Report and the Operational Readiness Assessment Team Report (shoreham ORAT Inspection 50-322/89-80 (3/11-27/89)) which was transmitted to the licensee by the Regional I Administrator's letter of April 4, 1989, and to maintaining personnel training and replacement training programs, as specified in the licensing documents and other NRC guidance.

Since the issuance of that license, LILCO has announced to the NRC, over and over again,_by written communication and in management meetings with the NRC Staff' that LILCO does not.

currently intend;to operate the Shoreham. Plant, but rather will s ,, J bh hbO$. '. ()

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Dr. Thomas E. Murley November 14, 1990 Fage 2 1 i

seek to transfer its license for that plant to the Long Island j

Power Authority ("LIPA") for decommissioning. And the Commission itself recently made finding that LILCO is pursuing this course of action. CLI-90-08 at 4-5 (October 17, 1990).

In particular, the Commission determined that "LILCO has disbanded a portion of its of technical staff and has begun training the remaining staff for 'defueled' operation only." Id.

at 5.

This Commis.afan finding recognizes that conditions exist at Shoreham as to ucth staffing and training that are in direct violation of 10 C.F.R. Port 55 and LILCO's full power j operating license as specified in Section 6 of the Technical Specifications and Chapter 13 of the Updated Safety Analysis Report. Ess 1119, Safety Evaluation Report Related to the Operation of Shoreham Nuclear Power Station, Unit No. 1, Docket ,

No. 50-322, Long Island Lighting Company (NUREG-0420, April {

1981), Chapter 13 as supplemented by Supps. 1 (September _1981), 2 (February 1982), 3 (February 1983), 5 (April 1984), 6 (July I 1984), 7 (September 1984), 8 (December 1984), 9 (December 1985) 1 and 10 (April 1989).

Further, since LILCO has submitted various applications for license and technical specification amendments and other requests for relief from requirements of the license and technical specifications addressing these areas (which requests ,

are currentiv oendina), this finding by the Commission also recognizes that LILCO is in knowina violation of the current license and Technical Specifications by having implemented these l reductions in staffing and training prior to NRC approval.

The purpose of enforcement actions is to ensure compliance with NRC regulations and license conditions, obtain prompt correction of violations, and adverse quality conditions which may effect safety and deter future violations and occurrences of conditions adverse to quality. 10 C.F.R Part 2, Appendix C.I. (1990). This state of affairs cries out for enforcement action pursuant to 10 C.F.R. Part 2, Subpart B &

Appendix C.

Given the Commission's finding, it is imperative that a Notice of Violation be issued, including a proposed civil penalty and a remedial action plan to bring Shoreham's staffing and training into compliance with Part 55 and its~ license, including the-Technical Specifications and the Updated Safety Analysis Report.

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Dr. Thomas E. Murley November 14, 1990 1 Page 3 J

We also poirt out that insofar as the Commission has i

allowed such non-compliance with staffing and training requirements because of the existence of the proposal to e decommission Shoreham, it is in violation of its own regulations which forbid it from giving the licensee any " form of permission" in such circumstances before issuance of a final environmental '

' impact statement, especially when, as here, the permitted changes may have adverse environmental effects or limit the choice of reasonable alternatives to be considered until after the NEPA process has been completed. Eam 10 C.F.R. Il 51.100 & 51.101.

On behalf of the Shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy, Inc., I '

urge the Commission to take prompt action pursuant to 10 C.F.R. Part 2, Subpart B & Appendix C, to correct the existing violations of both the Atomic Energy Act and the National Environmental Policy Act.

Respectfully submitted,

. -P. Rs, .,h  !

-su w mes P. McGranery r.

Counsel for Shoreham-Wading River central School District and Scientists and Engineers for Secure Energy, Inc.

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