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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML19352A0601981-02-0606 February 1981 Order Revoking CPPR-175 & CPPR-176.Authorization Issued by Aslab in ALAB-628.No Nuclear Units Authorized by State of Ny Siting Board ML20002D2221981-01-15015 January 1981 Memorandum & Order Granting Applicants Motion to Dismiss Appeal.Aslb Decision Authorizing Const Is Vacated Due to Mootness.Cp Proceeding Terminated.Ofc of Nuclear Reactor Regulation Will Revoke Cps.Certificate of Svc Encl ML19351F4021981-01-0808 January 1981 Response Supporting Applicants 801219 Request to End Pending Appeals & CP Proceedings.Outstanding CPs Should Be Revoked. Certificate of Svc Encl ML19340D4361980-12-19019 December 1980 Status Rept 6 & Request That Proceeding Be Terminated.Issues Are Moot Due to Util Decision to End Nuclear Project. Certificate of Svc Encl ML19347C1691980-10-13013 October 1980 Status Rept 5 in Siting Board Proceeding.Applicant 801008 Petition for Rehearing in Case 80003 Encl.Paper Re Impact of Siting Board Developments on Appeal & CPs Will Soon Be Filed.Certificate of Svc Encl ML19347C1761980-10-0808 October 1980 Petition for Rehearing of Case 80003 Before Ny State Board on Electric Generation Siting & Environ.Opinion & Order 800908 Deadlines Should Be Extended One Yr.Proceedings Must Be Coordinated W/Epa Review.Certificate of Svc Encl ML19343A3151980-09-10010 September 1980 Status Rept 4 Re Ny State Siting Board 800908 Opinion & Order in Case 80003,recommending Const of Facility. Decision Re Request for Judicial Review Not Yet Decided. Certificate of Svc Encl ML19316A8601980-05-14014 May 1980 Order Relieving NRC from Filing Monthly Rept.Formal Opinion Memorializing Ny State Board on Electric Generation Siting 800129 Vote to Certify Coal Plant at Jamesport Should Be Provided When Issued.Developments Must Be Sent to Aslab ML19323B8381980-05-12012 May 1980 Status Rept Per Aslab 790607 Grant of Indefinite Extension of Time to Respond to Suffolk County Motion to File Supplemental Brief.Task Action Plan Is Being Prepared.Ny Decision Re Coal Plant Not Yet Issued.W/Certificate of Svc ML19305D6341980-04-11011 April 1980 Tenth Status Rept Per Aslab 790607 Indefinite Extension for NRC to Respond to Suffolk County Motion to File Supplemental Brief.Task Action Plan Underway.No Written Decision on Coal Plant Issued by Ny Board on Electric Generation Siting ML19309B0851980-04-0202 April 1980 Memorandum of Understanding Between NRC & FEMA Re Prompt Improvement in Radiological Emergency Planning & Preparedness,Distributed as Board Notification ML19305B4261980-03-11011 March 1980 Ninth Status Rept Per Aslab 790607 Grant for Indefinite Extension of Time,For NRC to Respond to Suffolk County Motion to File Supplemental Brief.Nrc Task Action Plan Being Prepared.Certificate of Svc Encl ML19296B6561980-02-11011 February 1980 Eighth Status Rept Per Aslab 790607 Grant of Indefinite Extension of Time to Respond to Suffolk County Motion to File Supplement Brief.Special Inquiry Group Rept Issued.Task Action Plan Being Prepared.Certificate of Svc Encl ML19257B6261980-01-10010 January 1980 Seventh Status Rept Per Aslab 790607 Grant of Indefinite Extension of Time to Respond to Suffolk County Motion to File Supplemental Brief.Proposed Changes to Regulations Re Response Plans Sent to Utils.Certificate of Svc Encl ML19253C9521979-12-10010 December 1979 Sixth Status Rept,Per Aslab 790607 Grant for Indefinite Extension to Respond to Suffolk County Motion to File Supplemental Brief.Kemeny Commission Recommendations Being Reviewed & Evaluated.Certificate of Svc Encl ML19211A2321979-11-20020 November 1979 Notice by Ny State Board on Electric Generation Siting & Environ.Replies to Utils Application for Rehearing of ASLB Order Dismissing Application for Certificate of Environ Compatibility Will Be Accepted If Filed by 791203 ML19262A7031979-11-0909 November 1979 Fifth Status Rept,Per Aslab 790607 Indefinite Extension for NRC to Respond to Suffolk County Motion to File Supplemental Brief.Exploring Possibility of Stipulation Re Suffolk County Pending Motion.Certificate of Svc Encl ML19253C1501979-10-26026 October 1979 Siting Board Proceeding Status Rept 2 in Response to Suffolk County 791017 Allegation That Util Withheld Pertinent Info in Status Rept 1.State of Ny Siting Board 791012 Dismissal of Case 80008 Occurred After Util Response ML19250C2351979-10-17017 October 1979 Supplementary State Siting Board Status Rept on Opposition to Applicants 791019 Rept Re Update on Case 8008.Applicants Failed to Take Into Consideration Encl State Siting Board 791012 Order Dismissing Case.Certificate of Svc Encl ML19210C7251979-10-10010 October 1979 Status Rept of Remanded Proceeding.No Further Hearings Held. Briefs Filed on 790716 & Replies on 790816.LILCO Et Al Supported Station as Proposed.Believes Proposal Will Be Approved by Weight of Evidence.W/Certificate of Svc ML19210B6981979-10-0909 October 1979 NRC Fourth Status Rept.Parties Will Be Informed of NRC Position on Status & Applicability of Results of TMI Investigations.Certificate of Svc Encl ML19209D2461979-09-0707 September 1979 Status Rept 3,per ASLB 790607 Order Which Granted Indefinite Extension for Response to Suffolk County Motion Requesting Filing of Supplemental Brief.Extension Needed Since Review & Evaluation Not Yet Completed.W/Certificate of Svc ML19309D5341979-07-10010 July 1979 Testimony Before Ny State Board on Electric Generation Siting & Environ Re Proposed Jamesport Facilities ML19207B5031979-07-0606 July 1979 Discusses Aslab 790607 Approval of NRC Request for Indefinite Extension to Respond to Suffolk County Motion to File Supplemental Brief.Status Rept Will Be Filed 790806. Certificate of Svc Encl ML19309D0871979-06-29029 June 1979 Transcript of 790629 Testimony Before Ny State Board on Electric Generation Siting & Environ.Pp 1-3 ML19309D5451979-06-29029 June 1979 Testimony Before Ny State Board on Electric Generation Siting & Environ Re Proposed Jamesport Facilities.Prof Qualifications Encl ML19309D5541979-06-29029 June 1979 Testimony Before Ny State Board on Electric Generation Siting & Environ Re Proposed Jamesport Facilities.Related Diagrams,Ref & Prof Qualifications Encl ML19309D0951979-06-29029 June 1979 Transcript of 790629 Testimony Before Ny State Board on Electric Generation Siting & Environ.Pp 1-20 ML19224D7231979-06-0707 June 1979 Requests Aslab Grant Extension of Time to Evaluate Info Re TMI Event & Relevance of Info to Proceeding.Request Granted on Condition That NRC File Monthly Status Rept ML19269E3661979-05-16016 May 1979 Renews 790419 Request to File Supplemental Brief Or,In Alternative,To Reopen Record.Further Relief Will Be Sought After ASLB Has Received NRC Response to 790419 Order. Certificate of Svc Encl ML19246C0661979-05-10010 May 1979 Unexecuted Resolution 1450-79 Passed by Suffolk County,Ny Legislature Opposing CP Sought by Util.Nuclear Facility Would Represent Unacceptable Safety Risk to Population ML19274F7851979-05-0808 May 1979 Resolution 474,opposing Const of Facilities ML19263E6621979-05-0808 May 1979 Requests Aslab Grant Extension Until 790608 for Reply to Suffolk County Motion to File Supplemental Brief.Nrc Will Complete Evaluation of Matl Re TMI & Submit Info to Aslab & All Parties.Motion Granted by Aslab on 790518 ML19273B9961979-05-0404 May 1979 Opposes Suffolk County 790419 Motion to File Supplemental Brief.Arguments Presented Are Outside Scope of Evidence or Redundant of Arguments Already Admitted Into Evidence. Certificate of Svc Encl ML19224D4331979-04-26026 April 1979 Resolution Opposing Const of Facility ML19269D4621979-04-19019 April 1979 Motion to File Supplemental Brief.Certificate of Svc Encl ML19282B3181979-02-0606 February 1979 Motion for Extension of Time Until 790226 in Which to File Brief on Exceptions to 781226 Initial Decision.Granted by Aslab 790212.Certificate of Svc Encl ML19270F3951979-01-25025 January 1979 Memorandum & Order (ALAB-521).Denies Suffolk County,Ny, Motion for Stay of ASLB 781226 Decision W/O Prejudice to Renewal of Motion within 10 Days After Receipt of Certificate of Environ Compatibility & Public Need from Ny ML19282A6681979-01-20020 January 1979 Applicants Opposition to Suffolk County,Nys 790108 Request for Stay.Opposes Request;No Proof of Any 10CFR2.788(e) Criteria.W/Certificate of Svc ML19270F2911979-01-18018 January 1979 Advises Parties That Briefs in Support of & in Opposition to Exceptions to ASLB 781226 Decision May Not Exceed 70 Pages & May Not Incorporate by Reference Any Papers Filed Before the ASLB ML19269C6811979-01-15015 January 1979 Intervenor Suffolk County (Ny) Exceptions to ASLB 781226 Initial Decision & Prior ASLB Rulings.Cites Exceptions to 26 of Boards Findings of Fact ML19261A6751979-01-0808 January 1979 County of Suffolks Application for Stay Per 10CFR2.788. Contends That Stay of Licensing Board Decision Is in Public Interest & That Halt of Project Will Do Minimal Harm to Applicants.Certificate of Svc Encl ML19256B2121979-01-0505 January 1979 Motion by Intervenor Suffolk County(Ny)For Extension Until 790115 to File Exceptions to ASLB 781226 Initial Decision Re Cost/Benefit Issues.Motion Based on Delayed Svc of ASLBs Decision Upon the County.Certificate of Svc Encl ML19263B3741978-12-26026 December 1978 Authorizes Issuance of Permits to Applicant to Construct Facility.Concludes That Requirements of NEPA Section 102(2) (C) & (D) & 10CFR51 Have Been Satisfied ML20062D6951978-11-0909 November 1978 Lil Suppl to Oral Argument of 781019.Asserts That Vast Part of Lil Data Used in Glaeser Rept Were Available Over a Year Prior to June 1977 Close of Record.Also Claims That Suffolk Countys Position Is Not Realistic.Cert of Svc Encl ML20148Q0931978-11-0303 November 1978 Motion by Suco to Correct Transcript of 781019 Oral Argument in Proc Re Subj Facil.Cert of Svc Encl ML20148L5901978-10-31031 October 1978 Motion to Correct Transcript of Oral Argument of 781019. Motion Doesnot Attempt to Engage All the Places in Which Applicant Lils Argument Has Been Transcribed in Error.Cert of Svc Encl ML19256A2421978-10-19019 October 1978 Transcript of 781019 Hearing at Riverhead,Li,Ny Re Subj Facil.Appearances Were Made by Wj Olmstead,Jh Tiedke, SL Bachrach,Wt Reveley,I Like,Pp 188 ML20148C5251978-09-26026 September 1978 Proposed Suppl Findings of Fact Re Health Effects of Ra-222 Released from U Fuel Cycle.Certificate of Svc Encl ML20147E0631978-09-26026 September 1978 Findings of Fact & Conclusions of Law Re Health Effects of Ra-222 Released by U Fuel Cycle Facilities.Requests Denial of Application for CPs 1981-02-06
[Table view] Category:PLEADINGS
MONTHYEARML19351F4021981-01-0808 January 1981 Response Supporting Applicants 801219 Request to End Pending Appeals & CP Proceedings.Outstanding CPs Should Be Revoked. Certificate of Svc Encl ML19340D4361980-12-19019 December 1980 Status Rept 6 & Request That Proceeding Be Terminated.Issues Are Moot Due to Util Decision to End Nuclear Project. Certificate of Svc Encl ML19347C1761980-10-0808 October 1980 Petition for Rehearing of Case 80003 Before Ny State Board on Electric Generation Siting & Environ.Opinion & Order 800908 Deadlines Should Be Extended One Yr.Proceedings Must Be Coordinated W/Epa Review.Certificate of Svc Encl ML19250C2351979-10-17017 October 1979 Supplementary State Siting Board Status Rept on Opposition to Applicants 791019 Rept Re Update on Case 8008.Applicants Failed to Take Into Consideration Encl State Siting Board 791012 Order Dismissing Case.Certificate of Svc Encl ML19210B6981979-10-0909 October 1979 NRC Fourth Status Rept.Parties Will Be Informed of NRC Position on Status & Applicability of Results of TMI Investigations.Certificate of Svc Encl ML19209D2461979-09-0707 September 1979 Status Rept 3,per ASLB 790607 Order Which Granted Indefinite Extension for Response to Suffolk County Motion Requesting Filing of Supplemental Brief.Extension Needed Since Review & Evaluation Not Yet Completed.W/Certificate of Svc ML19224D7231979-06-0707 June 1979 Requests Aslab Grant Extension of Time to Evaluate Info Re TMI Event & Relevance of Info to Proceeding.Request Granted on Condition That NRC File Monthly Status Rept ML19269E3661979-05-16016 May 1979 Renews 790419 Request to File Supplemental Brief Or,In Alternative,To Reopen Record.Further Relief Will Be Sought After ASLB Has Received NRC Response to 790419 Order. Certificate of Svc Encl ML19263E6621979-05-0808 May 1979 Requests Aslab Grant Extension Until 790608 for Reply to Suffolk County Motion to File Supplemental Brief.Nrc Will Complete Evaluation of Matl Re TMI & Submit Info to Aslab & All Parties.Motion Granted by Aslab on 790518 ML19274F7851979-05-0808 May 1979 Resolution 474,opposing Const of Facilities ML19273B9961979-05-0404 May 1979 Opposes Suffolk County 790419 Motion to File Supplemental Brief.Arguments Presented Are Outside Scope of Evidence or Redundant of Arguments Already Admitted Into Evidence. Certificate of Svc Encl ML19224D4331979-04-26026 April 1979 Resolution Opposing Const of Facility ML19269D4621979-04-19019 April 1979 Motion to File Supplemental Brief.Certificate of Svc Encl ML19282B3181979-02-0606 February 1979 Motion for Extension of Time Until 790226 in Which to File Brief on Exceptions to 781226 Initial Decision.Granted by Aslab 790212.Certificate of Svc Encl ML19282A6681979-01-20020 January 1979 Applicants Opposition to Suffolk County,Nys 790108 Request for Stay.Opposes Request;No Proof of Any 10CFR2.788(e) Criteria.W/Certificate of Svc ML19269C6811979-01-15015 January 1979 Intervenor Suffolk County (Ny) Exceptions to ASLB 781226 Initial Decision & Prior ASLB Rulings.Cites Exceptions to 26 of Boards Findings of Fact ML19261A6751979-01-0808 January 1979 County of Suffolks Application for Stay Per 10CFR2.788. Contends That Stay of Licensing Board Decision Is in Public Interest & That Halt of Project Will Do Minimal Harm to Applicants.Certificate of Svc Encl ML19256B2121979-01-0505 January 1979 Motion by Intervenor Suffolk County(Ny)For Extension Until 790115 to File Exceptions to ASLB 781226 Initial Decision Re Cost/Benefit Issues.Motion Based on Delayed Svc of ASLBs Decision Upon the County.Certificate of Svc Encl ML20062D6951978-11-0909 November 1978 Lil Suppl to Oral Argument of 781019.Asserts That Vast Part of Lil Data Used in Glaeser Rept Were Available Over a Year Prior to June 1977 Close of Record.Also Claims That Suffolk Countys Position Is Not Realistic.Cert of Svc Encl ML20148Q0931978-11-0303 November 1978 Motion by Suco to Correct Transcript of 781019 Oral Argument in Proc Re Subj Facil.Cert of Svc Encl ML19352A5771977-05-24024 May 1977 Requests That Applicant 770208-16 Testimony Re Coal & U Fuel Cycle Health Effects,Given Before Ny Siting Board,Be Incorporated Into Record 1981-01-08
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12/19/80 c
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UNITED STATES OF AMERICA
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,4 NUCLEAR REGULATORY COMMISSION s
Before the Atomic Safety and Licensing Appeal BoarB U N " c e c' tyl 'II p#,fs(c$rge
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Docket Nos. 50-516 NEW YORK STATE ELECTRIC &
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50-517 GAS CORPORATION
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(Jamesport Nuclear Power Station, )
Units 1 and 2)
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=-y Status Report No. 6 r; :
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Ui Request That The Proceeding Be Ended
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P Normal regulatory review of the proposed Jamesport Nuclear t-Power Station has been underway for more than six years.
The Jamesport Application to the New York State Siting Board was docketed in April 1974.
The Jamesport PSAR and ER, in turn, were docketed in August 1974.
State evidentiary hearings began in October 1974 and ended in September 1977, after 123 days of testimony.
Federal evi-dentiary sessions (preceded by 6 prehearing conferences over a 19-month period) began in August 1976 and ended in June 1977, after 44 days of testimony.
Thus a total of 167 days, spread over three years, went to presenting and examining Jamesport witnesses.
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The Atomic Safety and Licensing Board handed down a 105-page partial initial decision on Jamesport in May 1978 and a 26-page final decision on December 26, 1978.
The ASLB authorized con-struction permits, which were issued on January 4, 1979.
In June of the prior year, the Presiding Examiner in the state pro-ceeding had also ruled in favor of the proposed nuclear units, while the Associate Examiner hLd recommended one nuclear unit at the alternate site, Shoreham West.
Both the federal and state initial decisions were appealed.
Briefs on the ASLB's May 1978 partial initial decision were filed the following summer.
This Board heard several hours of oral argument on November 9, 1978.
Briefs on the rest of the ASLB decision were filed by April 1979.
And briefs to the Siting Board were submitted by August 1979.
In January 1980, the Siting Board orally indicated that it would certify a coal station at Jamesport, rather than nuclear units.
On September 8, 1980, the Board did so in writing.
In October of this year, various petitions for reconsideration were filed with the Board.
It has yet to act definitively.
There is no credible possibility, however, that it will decide to author-ize nuclear units at Jamesport.
Accordingly, LILCO's Board of Directors voted on November 26, 1980, to end the Jamesport nu-clear project.
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\\ II.
Since the Jamesport nuclear units will not now be built ir-respective of the outcome of this appeal, the issues remaining before the Atomic Safety and Licensing Appeal Board are moot.
Thus the Applicants request an end to the appeal as well as to the construction permit proceeding as a whole.
In a similar situation several months ago the Appeal Board ruled that the ASLB's initial decision, LBP-77-53, 6 NRC 350 (1977), is vacated on the ground of mootness; this construction permit proceeding is terminated; and the Director of ikelear Reactor Regu-lation is instructed to revoke the outstanding con-struction permit by reason of the vacating of LBP 53.
Rochester Gas & Elec. Corp. (Sterling Power Project, Nuclear Unit No. 1), ALAB-596, slip opinion at 5 (June 17, 1980).
Presumably the same action will be taken as to Jamesport.
III.
It remains to be seen how keenly the absence of 2300 mega-watts of nuclear power at Jamesport will be felt by the affected public.
The impact will best be judged when it is first driven home a decade from now.
No passage of time is necessary, however,.to recognize the wasteful way in which decisions yea or nay were made about Jamesport.
The complexity of the licensing process, -its redundancy, glacial pace, and capacity for l
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t 4-contradictory federal versus state results defy adequate de-scription.
This is a time of " lessons learned." 'Among them should be the acute need for licensing reform.
Respectfully submitted, LONG ISLAND LIGHTING COMPANY l
By
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W. Tay for Reveley, I i
Hunton & Williams 707 East Main Street P. O. Box 1535 Richmond, Virginia 23212 i
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CERTIFICATE OF SERVICE I hereby certify that copies of Status Report No. 6 And Request That The Proceeding Be Ended were served upon the following by first-class mail, postage prepaid, on December 19, 1980.
Richard S. Salzman, Chairman U.S. Nuclear Regulatory Atomic Scfety and Licensing Commission Appeal Board Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555 Bernard M. Bordenick, Esquire Dr. W.
Reed Johnson U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Washington, D. C.
20555 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Irving Like, Esquire Reilly and Like Sheldon J. Wolfe, Esquire 200 West Main Street Atomic Safety and Licensing Babylon, New York 11702 Board Panel U.S. Nuclear Regulatory Commission Joseph C. Gramer, Esquire Washington, D. C.
20555 425 Broadhollow Road Melville, New Yc- -
11746 Mr. Ralph S. Decker Route 1, Box 190D Mrs. Jean H. 1.
.. e Cambridge, Maryland 21613 Mrs. Shirley Bachrach Box 1103 Dr. E. Leonard Cheatum Southold, New York 11971 Route #3, Box 350A Watkinsville, Georgia 30677 hhy l
R-Tayrof Reveley, III Hunton & Williams 707 East Main Street l
P. O. Box 1535 Richmond, Virginia 3212 l
Dated:
Decenber 19, 1980 l
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