ML20247Q284

Advises That Lead Responsibility for Investigation of Case 5-84-008 Transferred from Ofc of Investigations Headquarters to Ofc of Investigations Region V

ML20247Q284
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/06/1985
From:	Sinclair J NRC OFFICE OF INVESTIGATIONS (OI)
To:	Shackleton O NRC OFFICE OF INVESTIGATIONS (OI)
Shared Package
ML20247Q206	List: IA-89-192, Concurs W/Proposal to Refer Investigation of Case 5-84-008 Re Tdi to Another Investigative Organization W/Appropriate Jurisdiction ML20247Q204 ML20247Q219 ML20247Q229 ML20247Q253 ML20247Q284 ML20247Q299 ML20247Q316 ML20247Q348 ML20247Q379 ML20247Q403 ML20247Q430 ML20247Q445 ML20247Q456
References
FOIA-89-192 NUDOCS 8908070099
Download: ML20247Q284 (4)

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MEMORANDUM FOR: Owen C. Shackleton, Director Office of Investigations Field Office,3 R ion V '

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FROM: John R. Sinclair, Operations Officer ( [j Office of Investigations ,

SUBJECT:

SHOREHAM--TRANSAMERICA DELAVAL (5-64-008 Per our conversation this date regarding the captioned subject. 01:HQ is  !

tr usferring the lead responsibility for this investigation to 01:RV.

Ol:HQ will continue to conduct the coordination with appropriate NRC i staff cffices, specifically NRR and IE. 01:RV should, however, establish l the earliest possible time for the completion of the described investi-I gation. It is anticipated that the allegations regarding TOI will become one of the issues in the upcoming NRC licensing hearings regard- 1 ing the Shoreham facility, it is recognized that this investigation has  ;

been in an inactive status for some period of time and has not been 1 placed as a high pricrity issue. However, more recent information j received by NRR raises some potentially serious problems related to  !

TDl's knowledgt: of defective generators and its candor in responding to licensee inquiries concerning equipment defects. More information concerning this issue is expected to be furnished by the appropriate NRC staff.

This investigation should be closely monitored to ensure that its l progress can be evaluated, and the necessary information developed to provide adequate responses to potential questions arising in the hearing process.

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timidated" by indus cGcials, he coid. Hart challenged the positic ist " full compensation" could be provided oith a cap on lianty. "You're talking about predictabihty for the operator, not full com-pensation for the public," said tiart.

Throughout the hearing there was discussion of the ineffectiveness of the eun ont structure of the commissinn. Roberts called the cur ent system "neither efective nor efficient." The collegial system "is theoretically very good-.but it doesn't work," he said. Asked by Simpson whether the commission should be replaced with a single administrator, Roberts responded " emphatically ycs."

A committee staffer said that Reherts would be asked to respond to additional ques' ions in writ-ing. A committee vote on Roberts' nomination will be scheduled after these questions have been an-swered, he said Mary Loube Wagner. Washington COMMISSION COULD OKAY, COURT COULD STAY, SHOREHAM LOW-POWER TESTING The NRC commissioners have until tomorrow (June 25) to decide once again whether to allow long Island Lighting Co. (LILCO) to begin low-power testing at Shoreham. But if the commission au-thorizes issuance of a low-pouer license as is expected. Shoreham opponents will take the decision to a federal appeals court, where a motion for a stay has already been filed.

The commission was once again given a chance to vote on Shoreham's low power license last week, when an Atomic Safety & Licensing Appeal Board refused a request by Shoreham opponents to review the fmal heensmg board decision authorizing the licersse. While denying the opponents' motion, the appeal board continued a temporary stay-preventing issuance of the license-to give the interve-nors a chance to appeal to the commission. At issue is the ments of a June 14 decision of an Atomic Safety & Licensing Board resolving all questions on the adequacy of Shoreham's Transamerica Delaval Inc. (TDI) diesel generators. That was the last of a series of partial initial decisions nealed for the low-power hcense. Before the NRC staff could issue that license, however, the appeal board stayed the deci-sion to consider the review request filed by Suffolk County and New York state officials.

The licensing board decision on the TDI diesel generators moots what had become a protracted proceedmg on the adequacy of an alternative emergency on-site power configuration, which LILCO proposed to use until the TDis aere cleared The decision came just after the NRC commissioners opt-ed for further heanngs in the alternative power proceeding (Nucleonics Week,13 June,6) and was seen as a step forward for LILCO in what has become a maze oflicensing btigation.

The TDI problem arose in late 1983 when the main crankshaft of one diesel sheared off during testing and flaws were found in the other two diesels. NRC banned all operations with TDIs until they could be tested (Nucleonics Week. 2 Feb. '84. 5), and LILCO's licensing hearing was reopened on the issue. In an attempt to " speed up" the licensing process, LILCO applied for an caemption in March 1984 to perform low-power testing with an alternative source of emergency power. The exemption re-quest was turned oser to another licensing board, which esentually approsed the request after a sum-mer of confusion over the NRC commission's standards for an exemption. The commissioners last fall allowed fuel loadmg and cold cnticahty testing. Low-power testing-authorized by the commission in February-was barred. howeser, when an appeal board reopened hearings on the issue of physie,al st-cunty for the alternate power equipment. While the commissioners initially considered overruling the appeal board they decided instead to let the hearing proceed Their 3 2 vote not to authorize low-pow-er operation before the heanng ended came just three days before the originallicensing board cleared the TDis and made the exemption-and the whole special proceeding-unnecessary.

Suffolk County and New York officials are challenging the basis for the licensing board decision as l well as the larger issue of whetiier Shoreham should be allowed to operate at low power when there is considerable uncertainty oser whether the plant will qualify for a full. power license because of the county's refusal to participate in emergency planning. They contend that NRC violated the National Environmental Pohey Act (NEPA)in not supplementing a 1977 environmentalimpact statement to consider the environmental and cost-benefit consequences oflicensing Shoreham at low power in light of the contmuing dnpute oser emergency planning. The appeal board rejected their argutaents, how-eser, saying the intenenors had failed to show sufhcient evidence of the " serious substantive and proce-dural" errors claimed to be in the hcensing board's fmdmps. The appeal board also rejected the intene-nors' NEPA argument, pointmg out that the commission had ruled on that issue last year. "It is not within our province to pess judgment...upon the correctness of commission rulings," the appeal board said. The appeal board order left the temporary stay in effect until 5 p.m. on June 25 or until the com-mission rules otherwise.

The commission is also expected to reject the intenenors' arguments, having reiterated its judg-ment on the NEPA issue in an order approsed June 19. The interveners' appeal will, however, give the commission one more chance to review the morass oflitigation surrounding Shoreham. There was some initial question within commission offices after the TDI decision was issued over whether the INSIDE N.Rr. - Ane 24.1965 13 5-w&C%u3

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