ML20247C619
| ML20247C619 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/02/1989 |
| From: | Jeanne Johnston SENATE, ENERGY & NATURAL RESOURCES |
| To: | Zech L NRC COMMISSION (OCM) |
| Shared Package | |
| ML082320516 | List: |
| References | |
| NUDOCS 8905240536 | |
| Download: ML20247C619 (3) | |
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COMMITTEE ON enana u Su"s'.Y.[o s"aeNnecYo'n e$"va'e urmonny ENERGY AND NATURAL RESOURCES cany a auswoava cmse cov= set son twa umonav WAsmNotoN, DC 20510-6150 May 2, 1989 The Honorable Lando W.
Zech, Jr.
Chairman Nuclear Regulatory Commission 11555 Rockville Pike Rockville, Maryland 20555
Dear Chairman Zech:
As you are aware, the February 28, 1989 agreement between the Long Island Lighting Company (LILCO) and the State of New York concerning the transfer and decommissioning of the Shoreham plant recently received all of the required approvals to go into effect, with the exception of final shareholder approval.
The agreement assumes that NEC will grant a request from LILCO to terminate the operating license for Shoreham, grant a possession-only. license for Shoreham, and transfer the license from LILCO to the Long Island Power Authority for purposes of decommissioning.
Under the terms of the agreement, LILCO would make these requests to NRC following shareholder approval of the agreement.
The terms of the Shoreham agreement speak of this license transfer as if it is merely a formality.
It is my understanding, however, that NRC has strict standards that would govern such a transfer.
I am interested in learning what the process will be for granting approval for transfer of the license.
Specifically, I'am interested in receiving answers to the following questions.
- 1. What are the Commission's regulations for such a transfer?
Do the regulations actually anticipate such a transfer; that is, l
do the regulations ever contemplate transfer of a license for purposes of decommissioning, or would the Commission be charting new territory in such a licensing proceeding?
Would this licensing process follow a predetermined approach or is each such licensing process unique?
- 2. What are the requirements for transfer of an operating license?
Who would submit an application for transfer?
Would both LILCO and LIPA submit a license application?
- 3. What does the adjudicatory process entail?
Would a license transfer actually be an amendment to the existing license for Shoreham, or would a whole new licensing process begin?
If a public hearing is required, could the license transfer take 8903240536 890519 PDR COMMS NRCC CORRESPONDENCE PDC
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', place before the hearing is completed?
- 4. What are the opportunities to intervene in this licensing process?
- 5. Who would be eligible to intervene?
Would all of the parties previously involved in the Shoreham adjudicatory process be eligible to intervene?
How would the New York state and local governments be affected?
Would they be eligible to intervene even though they were thrown out of the earlier Shoreham adjudicatory process?
Would new parties not previously involved in the Shoreham proceeding be eligible to intervene?
- 6. Would the federal government be eligible to intervene in a licensing proceeding?
Would ratepayers be eligible to intervene is a licensing proceeding?
- 7. How does the Commission judge the fitness of the proposed new licensee?
Are there specific criteria that must be met before the license transfer would be approved?
What are they?
- 8. What is the set of applicable regulations that would have to be met before a new licensee would be granted a license?
Would
, the set of applicable regulations include those related to financial qualifications?
- 9. Would the Commission have to approve a decommissioning plan for Shoreham prior to transfer of the license?
What level of detail is required for a decommissioning plan?
Does permission to decommission the plant involve a separate licensing process from the transfer of the license?
- 10. Has the the Commission received any inquiries from the Long Island Power Authority (or the state of New York or the New York Power Authority, in its behalf) about the licensing process involved in transfer of the Shoreham license?
- 11. Does the Commission have any knowledge at this point of how LILCO and/or Long Island Power Authority will pursue the license transfer?
Has either of these entities communicated to the Commission its intentions for submitting a license application?
- 12. Does the Commission have any knowledge of the qualifications of Long Island Power Authority to hold a license for Shoreham?
- 13. At this time, it is my understanding that the Long Island Power Authority does not have statutory authority to purchase Shoreham and that there is a bill pending in the New York state legislature to amend LIPA's charter to allow the purchase.
How would this affect NRC's review of a request to transfer the Shoreham license?
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- 14. Under the terms of the Shoreham agreement, Long Island Power Authority would contract with the New York Power Authority for decommissioning of the reactor.
As I understand it, LIPA itself would not have the technical expertise and resources to carry out this work.
How would this affect NRC's review of a license transfer?
Does the Commission generally believe it would be acceptable that a licensee not possess its own technical expertise so long as that expertise is obtained through contract?
Are there any precedents for this; that is, are there any current NRC licensees similar to Long Island Power Authority who obtain all of their technical expertise by contract?
- 15. Has the Commission ever before considered a request to transfer a license?
What is the Commission's past experience in this area?
Please describe amt requests that are somewhat similar.
I would appreciate your prompt response to these questions.
re'ly,
J
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