ML20067A840

Submits Sixth Suppl to 10CFR2.206 Requests by Shoreham- Wading River Central School District & Scientists & Engineers for Secure Energy,Inc for Immediately Effective Orders to Cease & Desist from Activities at Plant

ML20067A840
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	05/04/1990
From:	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
Shared Package
ML20065C649	List: ML20065C645 ML20065C651 ML20067A833 ML20067A836 ML20067A840 ML20067A848
References
2.206, NUDOCS 9102070483
Download: ML20067A840 (3)

Text

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DEC 5 '50 17: E7 FROM D.L.A. WASHINGTON DC PAGE.006 DOW, LOHNES & ALBERTSON

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(202) 657-2929 May 4, 1990 VIA TELtgplX Dr. Tho=as 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 Requests by the Shoreham-Wading River Central School District

(" School District") and Scientists and Engineers for Secure Energy, Inc. ("SE ")g in USNRC Docket No. 50-312 oma he Dear Dr. Murleyt N8ct N This is a further supplement by the School District and 58 SE to the above-referenced Requests for It.nediately Ef fective oo Or!!erswithrespecttotheissuesandonthebasessetforthin nc the original Request dated July 14, 1989, as previously

$a supplemented by our letters of July 19, July 22, and July 31, Q

O 1989, January 23, 1990, and April 5, 1990.

Ex The U.S. Nuclear Regulatory Commission ("NRc" or

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

("LILC0" or " licensee") in accepting, full power operating li~ense NPF-82 cor=itted LILCO to maintaining certain levels of 1 ' ffing as detailed in the license, the Licensee's Updated

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DEC 5 '90 17:27 FROM D.L.A. WASHINGTON DC PAGE.009

. Dr. Thomas E. Murley May 4, 1990

( Page 2 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 and to maintaining Administrator'a personnel training letter and of April 4,1989,ing replacecent train programs , as specified in the licensing docuaents and other NRC guidance. By that license, the NRC also required, ared LILc0 committed itself to, maintaining, inspecting and operating plant equipment in accordance with the licensing documents and other FRC requirements consonant with full power operation.

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 Scaff that LILCO does not currently intend to operate the shoreham plant, but rather vill seek to transfer its license for that plant to the Long Island power Authority (*LIPA") for decommissioning.

We contend that LILC6 has announced a unitary series of actions which it is improperly segmenting, but which together constitute a " major federal action" requiring the preparation of an Environmental Iepact Statement pursuant to the National

(-' Environmental Policy Act of 1969, as amended, the Council on Environmental Quality Regulations, and the Commission's own regulations (10 C.F.R. Part 51 (1989)).

Since the shoreham plant is at the beginning of its life, not at the end of its life by virtue of age or accident, the generic environmental consideration of decommissioning options last year does not operate to remove such a decommissioning proposal from the mandatory requirements of 10 C.F.R. 5 51.20(b) (5) (1111). In any event the Commission should determine that this course of action propos,ed by LILeo and others constitutes a major commission action significantly affecting the quality of the human environment, Egg 10 C.F.R. Il 51.20(b) (13) and $1.22(b) (1989).

In these circumstances, the Commission's own regulations forbid it from giving LILCO any " form of permission" which may have adverse environmental effects or limit the choice of reasonable alternatives to be considered until after the NEPA process has been completed. Ett 10 C.F.R. 55 51.100 and $1.101 (1989).

By this supplement, the school District and SE formally draw your attention to, and incorporate in thei,r

(, ReTJests, the enclosed supplemental comment on April 23, 1990 (with the attached LILCO letter of March 27, 1990 (SKRC-1705)) on

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LEC B '50 17:20 FRoli D.L.A. (JASHINGTON DC PAGE.010

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. Dr. Thomas E. Murley May 4, 1990 Page 3

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an NRC notice regarding yet another segmented LILCO proposal in furtherance of its decommissioning proposal, namely, the then proposed, now final, exenption to allow a reduction of on-site property' insurance at Shoreha.m. This formal submittal is deemed necessary because your letter of April 27, 1990 denying relief af ter " preliminary review" does r.ot recognize the existence of this further comment although it was not only on file with the NRC but was also addressed to the member of your own Division with responsibility for the insurance issue at hand. In the interest of fair consideration, we also the enclose letters of April 17 and 27 to the NRC from LILCO's counsel responding to the School District and SE g letters of April 5 and 25, 1990, in this satter.

NrPA dezands that LILCO not be allowed to piecemeal or improperly seg=ent this single course of action intended to lead to decommissioning. Concocitantly, NEPA demands that the NRC cease and decease from piecemeal consideration of this unitary decommissioning proposal which has been before it over nine sonths now and which the NRC has, contrary to its cVn regulations, permitted to go forward until this point.

, The-Commission must recognize its responsibilities J

under NEPA and 10 C.F.R. part 2, Subpart 8 and Appendix C, take appropriate actions to require LILCO to maintain a staff adequate to operate the Shoreham facility (including hiring and training) and to conduct inspections and maintenance of the physical plant in accordance with the requirements for a full power operating reactor, all in accordance with the responsibilities of the full power operating license, at least until NIPA review of the decommissioning proposal is conpleted and the proposed action is approved or denied. The proposed reduction in on-site property incurance should be denied or, at least, deferred until after publication of a Final Environmental Impact Statement on the decomissioning proposal. 10 C.F.R. 5 51.100(a) (1989) .

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mes P,. McGranery, J

- ounsel for shoreham Wading r.

River Central School District and Scientists and Engineers for Secure Energy, Inc.

Inclosure cc Donald P. Irwin, Esq.

(w/o encl.) (via telecopy)

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I.1 9 '90-12:59 F R ot1 D.L.A. WASHINGTON DC PAGE.002 e^ ,

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Noveder H,1990 e.w m VIA TELECOPY AND MATL ,

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 USNRC Docket No. E0 322

Dear Dr. Murley:

This la-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 Regulatery commission ("NRC*or acommission") in issuing, and the Long Island Lighting company

("LILC0" 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 (Shors.htm 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 replacemant 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 Shoraham Plant, but rather will.

[ . ., ' s 0 12:!9 FROM D.L.A. WASHINGTON DC PAGE.003 t

/*

Dr. Thomas E. Murley November 14, 1990 Page 2 seek to transfer its license for that plant to the Long Island 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 deterzined that aLILco has disbanded a portion of its of technical staff and has begun training the remaining staff for 'defueled' operation only " Id.

at 5.

This goggission finding recognizes that conditions exist at Shoreham as to both staffing and training that are in direct violation of 10 C.F.R. Part 55 and LILCO's full power operating license as specified in section 6 of the Technical specifications and Chapter 13 of the Updated Safety Analysis Report. EAA &las, 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 1984), 7 (September 1984), 8 (December 1984), 9 (December 1985) andH10 (April 1989).

Further, since LILCO has submitted various applications for license and technical specification amendments and other requests for relief from requiraments of the license and

' technical specifications addressing these areas (which requests are currentiv_ oendine), this finding by the Commission also recognizes that-LILCO is in knowing violation of the current license and Technical specifications by having implemented these reductions in staffing and training prior to-NRC approval.

The purpose of enforoenent actions is to ensura compliance with NRC r q 1ations 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, su tart 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

. page-3 We also point out that insofar as the commission has allowed much non-compliance with staffing and training requirements because of the existence of the proposal to decommission Shoreham, it is in violationlof 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. Ett 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, E

D.

mes P. McGranery, r Counsel for shoraham-Wading River Central School District and Scientists and Engineers for Secure Energy, Inc.

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