ML19209C020
| ML19209C020 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 08/13/1979 |
| From: | Reveley W HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | |
| References | |
| NUDOCS 7910110406 | |
| Download: ML19209C020 (4) | |
Text
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8/13/79 NRC PUBLIC DOCUMYET 100M e
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NUCLEAR REGULATORY COMMISSION H;
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In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322
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(Shoreham Nuclear Power Station, )
Unit 1)
APPLICANT'S RESPONSE TO MR. SHAPIRO'S LETTER OF JULY 27 On September 25, 1978 LILCO applied to the NRC Staff for a license to receive, possess and store unirradiated new fuel assemblies at the Shoreham site.
The processing of such a license has traditionally involved very routine regulatory action.
'n a letter dated November 3, 1978, the Staff notified the Shoreham Board and parties about the application, assigning it Docket No. 70-2884.
Seven months later, on June 8, 1979, North Shore Committee against Thermal and Nuclear Pollution (Committee) requested that the application be held in abeyance pending a hearing.
In its July 3, 1979 response, the Staff suggested that Committee file a prompt motion with the Board if it wanted a hearing and that any such motion " address all require-ments of 10 CFR S 2.714."
Over three weeks late, Mr. Shapiro wrote his letter of July 27, 1979, in which Committee requested that the license be denied or hearings be held on it.
1130 079 y grotto YOb
. For the reasons stated below the Applicant believes that Committee has not satisfied the requirements of 5 2.714:
1.
As just indicated, 1/ Committee's requests are grossly out of time.
2.
Despite, first, the express requirements of 5 2.714 that good cause be shown for untimeliness and, second, the Staff's advice to Mr. Shapiro of July 3, 1979, Committee made no attempt to justify its untimeliness.
Its default is fatal.
3.
The Committee also failed to state its new-fuel contentions with the specificity required by 5 2.714.
The following paragraph from Mr. Shapiro's letter is indicative:
Additionally, the seriousness of nuclear fuel possession prior to operating license approval, indeed prior to Staff's Final Safety Evaluation publication, the lack of assurance in either the license application or FSAR 13.2 that training procedures have been adequately evaluated (cf.
NRC request 430.1) and that experienced personnel are available for fuel handling and monitoring requires disapproval of the application at this time.
It is a matter of speculation whether this paragraph contains one contention or as many as four.
While other sections of the 1/ It is also relevant that Mr. Shapiro has been Committee's counsel since November 27, 1978.
Moreover, Committee has been a party to the Shoreham proceeding since early 1977.
It was admitted on a consolidated basis with the Oil Heat Institute of Long Island (OHILI).
Board Order of Feb. 22, 1977, at 9.
Given that consolidation and Committee's sudden activity, we suggest that the Board may wish to inquire into Committee and OHILI's current relationship.
So far as LILCO is concerned, it will not voluntarily accede to the creation of two litigants for the purposes of testimony, cross-examination and briefing when only one consolidated entity was admitted to the proceeding by the Board.
1130 080
. letter shed some light on the matter, Committee's claims remain hopelessly interwoven and vague.
This failure of specificity is also fatal.
It follows that Committee's requests should be denied.
Respectfully submitted, LONG ISLAND LIGHTING COMPANY ud vL M
W. Taylgr Reveley, III g Anthony F. Earley, Jr.
Hunton & Williams P.O. Box 1535 Richmond, Virginia 23212 DATED:
August 13, 1979 1130 081
In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322 CERTIFICATE OF SERVICE I hereby certify that copies of APPLICANT'S RESPONSE TO MR. SHAPIRO'S LETTER OF JULY 27 were served upon the following by first-class mail, postage prepaid, on August 13, 1979:
Elizabeth S. Bowers, Esq.
Richard K. Hoefling, Esq.
Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Jeffrey C. Cohen, Esq.
Dr. Oscar H. Paris New York State Energy Office Atomic Safety and Licensing Swan Street Building, Core 1 Board Panel Empire State Plaza U.S. Nuclear Regulatory Commission Albany, New York 12223 Washington, D.C.
20555 Howard L. Blau, Esc.
M Frederick J. Shon 217 Newbridge Road Atomic Safety and Licensing Hicksville, New York 11801 Board Panel U.S. Nuclear Regulatory Commission Irving Like, Esq.
Washington, D.C.
20555 Reilly and Like 200 West Main Street Secretary of the Commission Babylon, New York 11702 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Ralph Shapiro, Esq.
Cammer and Shapiro, P.C.
Atomic Safety and Licensing 9 East 40th Street Appeal Board New York, New York 10016 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Marc W. Goldsmith Energy Research Group, Inc.
Atomic Safety and Licensing 400-1 Totten Pond Road Board Panel Waltham, Massachusetts 02154 U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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W n ~i Kt t
Ahthony F.
'rley, Jr.
/
Hunton & Wi@lliams f
i P.O. Box 1535 Richmond, Virginia 23212 DATED:
August 13, 1979 1130 082