ML19208C015
| ML19208C015 | |
| Person / Time | |
|---|---|
| Site: | Shoreham, 07002884 File:Long Island Lighting Company icon.png |
| Issue date: | 08/15/1979 |
| From: | Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7909240335 | |
| Download: ML19208C015 (7) | |
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NRC PUBLTC DorU'. Thy g y
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION y
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD a
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LONG ISLAND LIGHTING COMPANY
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Docket Nos. 50-322 (Shoreham Nuclear Power Station,
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Unit 1)
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NRC STAFF RESPONSE TO INTERVENOR NSCATNP'S LETTER-REQUESTS OF JULY 27, 1979
Background
i On September 25, 1978, the Long Island Lighting Company (LILCO) applied to the NRC Staff for a special nuclear material license pursuant to 10 CFR Part 70, to receive, possess and store special nuclear material in the form of unir-radiated new fuel assemblies at the Shoreham Nuclear Power Station. By letter dated November 3, 1978, NRC Staff Counsel advised this Licensing Board and all parties, including Intervenor North Shore Committee Against Thermal and Nuclear Pollution (Intervenor) of the pendency of the Part 70 license application.
In excess of seven months after Staff Counsel's lettor, Counsel for Intervenor wrote to the Staff, on June 8,1979, requesting that LILCO's "*** application of September 25, 1978 for an SNM license be held in abeyance pending *** a hearing
[and that Intervenor] receive timely notice of the date of such a hearing." On July 3,1979 NRC Staff Counsel responded to Intervenor's letter and stated, in part, the following:
I909240535
a I am in receipt of your letter to me dated June 8,1979 regarding
'LILCO's application for a 10 CFR Part 70 license to receive, possess, and store unirradiated raw fuel assemblies at the Shoreham site". Your letter requested "that LILCO's application of September 25, 1978 for an SNM license be held in abeyance pending *** a hearing".
You further requested that you " receive timely notice of the date of such a hearing".
The NRC Staff still has the LILCO Part 70 license application under review. There are no requirements in 10 CFR Part 70 that a hearing be held prior to issuance by the Staff of such a license.
If your client is, however, interested in seeking a hearing I suggest that you address a motion to the Licensing Board convened in Docket No.
50-322. Since your client has had notice of the pendency of the Part 70 application since receipt of my letter dated November 3, 1978, I suggest that such a motion be expeditiously filed.
I also suggest' that such a motion address all requirements found in 10 CFR 52.714. A copy of Part 2, the Commission's Rules of Practice, are enclosed for your ready reference.
Copie,s of both letters discussed above were served on the Board and all other parties to this proceeding.
Apparently in response to Staff Counsel's letter, Counsel for Intervenor on July 27, 19790 addressed a letter to the Chairperson of this Licensing Board with copies to the other two Board members and "all parties".
The Intervenors letter, as regards the Licensing Board, essentially requests the following relief:2_/
If The envelope containing the letter which was addressed to NRC Staff Counsel is postmarked July 31, 1979.
2_/ While the letter in question does not meet the procedural requirements of 10 CFR 92.730 regarding the form and content of motions, the NRC Staff does not urge rejection of the relief sought on this ground given the relative inexperience of Intervenor's Counsel with NRC proceedings. We do suggest, however, that the Board put this Intervenor on notice that future requests for relief, of any sort, will not be considered unless they are in proper form.
S83327
a 1.
That a hearing be held by this Board regarding LILCO's Part 70 license application; and 2.
That issuance by the Staff of a Part 70 license to LILCO be stayed by the Board pending the outccme of such a hearing.
Intervenor's Request for a Hearing Does Not Meet the Requirements of 10 CFR 62.714 The Intervenor's letter of July 27, 1979, requesting a hearing, totally fails to satisfy the requirements of 10 CFR 12.714.3/ First, Intervenor's letter fails to address, as required by 10 CFR 52.714(a)(1), the following factors which this Board must balance in determining whether to allow the belated reque,st for a hearing. These factors are:
(i) Good cause, if any, for failure to file on time.
(ii) The availability of other means whereby the [Intervenor's]
interest will be protected.
(iii) The extent to which the [Intervenor's] participation may reasonably be expected to assist in developing a sound record.
(iv) The extent to which the [Intervenor's] interest will be represented by existing parties.
(v) The extent to which the [Intervenor's] participation will broaden the issues or delay the proceeding.
Second, while it might fairly be said that Intervenor's letter has identified broad areas of concern regarding LILCO's Part 70 license application, the letter falls far short of the requirement found in 10 CFR 52.714(b) that "*** the bases for each contention [be] set forth with reasonable specificity".
- Thus, the Staff would be unable co properly prepare for a hearing and any hearing would, of secessity, be completely unstructured.
3/ NRC Staff Counsel's letter of July 3,1979, quoted in part above, apprised Intervenor's Counsel of these requirements.
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- In the absence of even (1) an attemot at any discussion by Intervenor regarding the factors quoted above; and (2) the lack of any bases for Intervenor's concerns set forth with reasonable specificity, the Staff is unable to advise the Board, in any. meaningful way, regarding the Intervenor's request for a hearing as to the Part 70 license application. Accordingly, in the Staff's view, the request should be,deni.ed at this time.
However, given the time considerations mentioned below, we botfeve that Intervenor should be granted a reasonable period of time within which to attempt to cure the noted defects. /
The Intervenor's Request For A Stay Is Premature and Should Be Denied Without Prejudice As noted in Staff Counsel's letter of July 3,1979 to Intervenor's Counsel, the Staff still has the LILC0 Part 70 license application under review. The Staff presently does not contemplate issuance of the Part 70 license to LILCO, if appropriate, until at least March 1980. Thus, there is nothing for the Board to stay now or in the near future.2 4/ NRC Staff Counsel takes this opportunity to advise the Board that a meeting has been arranged between respective Counsel for Intervenor, Applicant, and the Staff to explore the possibility of entering into a procedural stipulation regarding Intervenor's request for a hearing as regards the Part 70 license application. NRC Staff Counsel will keep the Board advised of the progress, if any, made at such meeting.
Sf Cf. Long Island Lighting Company, et al. (Jamesport Nuclear Power Station, Units 1 and 2), ALAB-481, 7 NRC 807 (1978); and ALAB-521, 9 NRC 51 (1979).
There, as here, no case could be made out for, among other things, irreparable injury since no license had been issued.
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. Accordingly, Intervenor's request for a stay should be denied, without prejudice, since it is clearly premature.5/
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Conclusion-Intervenor's request for a hearing as to LILCO's Part 70 license application should be denied without prejudice. The request for a stay is premature and should be denied without prejudice to renewal at the appropriate time.
Respectfully submitted Bernard M. Bordenick Counsel for NRC Staff Dated at Bethesda, Maryland this 15th day of August,1979.
_/ The Staff's position in this regard should not be construed as a concession 6
that this Part 30 Licensing Board has jurisdiction, at this time, to stay or otherwise continue staff action regarding the Part 70 application in the absence of granting the Intervenors request for a hearing regarding that application. For the reasons detailed above, that request is presently defective. Additionally, even if the stay request were viewed as timely, and otherwise properly before this Board, the request is defective since, among other things, it fails to address the following criterion as required by 10 CFR 92.788(e)
(1) Whether the moving party has made a strong showing that it is likely to prevail 6n the merits; (2) Whether the party will be irreparably injured unless a stay is granted; (3) Whether the granting of a stay would harm other parties, and (4) Where the public interest lies.
383330
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of LONG ISLAND LIGHTING COMPANY Docket No. 50-322 (Shoreham Nuclear Power Station,
)
Unit 1)
)
CERTIFICATE OF SERVICE I hereby certify that opies of "NRC STAFF RESPONSE TO INTERVENOR NSCATNP'S LETTER-REQUESTS OF JULY 27, 1979" dated August 15, 1979, in the above-captioned proceeding, have been served on the following, by deposit in the United States mail, first class, or, as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 15th day of August,1979.
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- Elizabeth S. Bowers, Esq.
Ralph Shapiro, Esq.
Atomic Safety and Licensing Board Panel Camer and Shapiro U.S. Nuclear Regulatory Comission No. 9 East 40th Street Washington, D. C.
20555 New York, New York 10016
- Dr. Oscar H. Paris, Member Howard L. Blau, Esq.
Atomic Safety and Licensing Board 217 Newbridge Road U.S. Nuclear Regulatory Comission Hicksville, New York 11801 i
Washington, D. C.
20555 W. Taylor Reveley, III, Esq.
- Mr. Frederick J. Shon, Member Hunton & Williams Atomic Safety and Licensing Board P. O. Box 1535 U.S. Nuclear Regulatory Commission Richmond, Virginia 23212 Washington, D. C.
20555 Jeffrey Cohen, Esq.
Edward M. Barrett, Esq.
Deputy Commissioner and Counsel General Counsel New York State Energy' Office Long Island Lighting Company Agency Building 2 250 Old County Road Empire State Plaza Mineola, New York 11501 Albany, New York 12223 Edward J. Walsh, Esq.
Irving Like, Esq.
Long Island Lighting Company Reilly, like and Schneider 250 Old County Road 200 West Main Street Mineola, New York 11501 Br.bylon, New York 11702 383331 9
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- Atomic Safety and Licensing Board Mr. J. P. Novarro, Project Manager U.S. Nuclear Regulatory Commission Shoreham Nuclear Power Station Washington,*D. C.
20555 P. O. Box 618. North Country Road Wading River, New York 11792
- Atomic Safety and Licensing Appeal Board Energy Research Group, Inc.
U.S. Nuclear Regulatory Connission 400-1 Totten Pond Road kashington, D. C.
20555 Waltham, Massachusetts 02154
- Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D. C.
20555 i
I Bernard M. Bordeni'ck l
Counsel for NRC Staff 383332 e.p.
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