ML19351F402
| ML19351F402 | |
| Person / Time | |
|---|---|
| Site: | 05000516, 05000517 |
| Issue date: | 01/08/1981 |
| From: | Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8101120523 | |
| Download: ML19351F402 (6) | |
Text
_
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING ADPEAL BOARD In the flatter of LON3 ISLAND LIGHTING C0"PANY
)
Dod ct Nos. 50-516
)
50-517 and
)
NEW YORK STATE ELECTRIC & GAS
)
CORPORATION (Jamesport Nuclear Power Station,
)
Units 1 and 2)
)
NRC STAFF'S RESPONSE TO APPLICANTS'
" REQUEST THAT THE PROCEEDING BE ENDED" I.
INTRODUCTION 1,.
Applicants in a filing dated December 19, 1980 have advised the Atomic Safety and Licensing Appeal Board (Appeal Board) that Long Island Lighting Company's "* *
- Board of Directors voted on November 26, 1980, toendtheJamesportnuclearproject."3 Applicants had failed to get permission from the New York State Board on Electric Generation Siting and the Environment (State Siting Board) to construct the facility. 2,_/
t t
[
As noted in Applicants' filing, at page 2, construction permits were issued j
by the NRC Staff on January 4,1979 as authorized by an Atomic Safety and
" Status Report No. 6 And Request That Th,e Proceedings Be Ended" (at p. 2).
_1/
2/ Applicants' filing also outlines the proceedings before the State Siting Board which has certified a single coal station at the Jamesport site rather than two nuclear units as sought by Applicants. Those pro-ceedings were also the subject of previous " Status Reports" filed by t
Applicants.
L Slo uo513
... _. Licensing Board (Licensing Board) " final decision."
Appeals of that decision and an earlier " partial initial decision"O ssued bv the Licensing i
Board re pending before this Appeal Board. Applicants' filing further states that:
[s]ince the Jamesport nuclear units will not be built irrespective of the outcome of this appeal, the issues remaining before the [ Appeal Board] are moot. Thus, the Applicants request an end to the appeal as well as to the construction permit proceeding as a whole.
The Staff, which has ascertained that the Jamesport site does not require any significant redress since no construction activities were carriedoutbyApplicants,doesnotobjecttotheabove-notedrequests.S II. DISCUSSION Rochester Gas and Electric Corporation (Sterling Power Project, Nuclear y
Unit No.1), ALAB-596,11 NRC 867 (June 17,1980), also involved a cancelled nuclear project in New York State which failed to receive State Siting Board approval during an appeal from a Licensing Board decision providing for the grant of a construction permit. There the Appeal Board entered an Order i
_3/ " Initial Decision (Construction Permit)" LBP-78-41, 8 NRC 750 (December 26, 1978).
_4/ " Partial Initial Decision (Construction Permit)" LBP-78-17, 7 NRC 826 (May 9,1978).
_5/ Staff's lack of objection to the requests should not, however, be taken as an endorsement of Applicants' statements in Part III of the filing
/
regarding the asserted need for " licensing reform." Such statements are, in our view, irrelevant to Applicants' requests.
4 O
-g
i I which:
(1) vacated the Licensing Board's decisions on the ground of moot-ness; (2) terminated the construction permit proceeding; and (3) instructed the Director of Nuclear Reactor Regulation to revoke the two outstanding I
construction permits by reason of the Appeal Board's vacation of the Licensing Board's decisions. This proceeding is in a similar posture.
In response to i
the Applicants' request, this Appeal Board should enter a similar order to i[
the order entered in the Sterlino proceeding.
t i
III. CONCLUSION i
Applicants' request for an end to the pending appeals as well as j
to the construction permit proceeding as a whole should be granted. The outstanding construction permits should be revoked.
[
Respectfully submitted, r
b Bernard M. Bordenick 1
Counsel for NRC Staff 1
I Dated at Bethesda, Maryland
,(
this 8th day of January,1981 a
ii b
5 1
=
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Patter of
)
)
LONS ISLA*C LIGHTING COMFA'iY
)
Do:ket Nos. 50-516 and
)
50-517
)
NEW YORK STATE ELECTRIC & GAS
)
~
CORPORATIO!.
)
)
(Jar.esport Nuclear Power Station,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO APPLICANTS'
' REQUEST THAT THE PROCEEDING BE ENDED'" in tne above-cactioned proceedir.:.
have been served on the following by deposit in the United States nail, first class, or, as indicated by an asterisk, throuch deposit in the Nuclear D.egulatory Comission's internal mail system, this 8th day of January,1981 :
- Dr. W. Reed Johnson Dr. E. Leonard Cheatum Atomic Safety and Licensing Appeal Route #3, Box 350A Board f_.
U.S. Nuclear Regulatory Comission Watkinsville, Georgia 30577 i
Washington, D. C.
20555 L
Edward J. Walsh, Jr., Esq.
- Richard S. Salzman, Esq.
Long Island Lighting Company 250 Old County Road Atomic Safety and Licensing Appeal Mineola, New York 11501 Boa rd U.S. Nuclear Regulatory Comission W. Taylor Reveley, III Esq.
Washington, D. C.
20555 Hunton & Williams P. O. Box 1535
- Sheldon J. Wolfe, Esq.
Richmand, Virginia 23212 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mr. A. E. Kintigh Washington, D. C.
20555
?
Vice President-Generation New York State Electric & Gas Co.
Mr. Ralph S. Decker 4500 Vestal Parkway East t
Route 1, Bc.v. 190D Binghampton, New York 13902 l
Cambridge, Maryland 21613 5
Hon. Peter Cohalan Environmental Protection and Progress Comittee Suffolk County Executive Local 25, I. B. E. W.
County Executive / Legislative Bldg.
Box 997 Veteran's Memorial Highway 41 Pinelawn Road Hauppauge, New York 11788 Melville, New York 11746 i
e David H. Gilmartin, Esq.
a Suffolk County Attorney County Executive / Legislative Bldg.
Veteran's Memorial Highway Hauppauge New York 11788
.v e.
as N N
_ Joel Blau, Esq.
New York Public Service Commission Frederick H. Lawrence, Esq.
The Governor idalson A. Rockefeller Huber, Magill, Lawrence Buil o'ing and Farrell Empire State Plaza 99 Park Avenue Albany, Nee York 12223 liew York, Nev: York 10316 Dr. Caryl R. Granttna-Ira Lee Zetrat, Esq.
Co-Chairman, Concerned Citizens Huber,liagill, Lawrence of Suffolk County and Farrell Box 550 99 Park Avenue Jamesport, New York 11947 Nea York, New York 10016 Ms. Jean H. Tiedke Dr. Arthur Tarplin Box 1103 c/o Natural Resources Defense Southold, Nee York 11971 Council 917 - 15th Street, N.W.
Dr. Harris Fischer Washington, D. C.
20005 Suffolk County Department of Environmental Control
- Atomic Safety and Licensing 1324 Motor Parkway A
P 1
Hauppauge, New York 11787 U.S t ucle r Regulatory Comission Irving Like, Esq.
Washington, D. C.
20555 Reilly and Like 200 West Main Street
- Atomic Safety and Licensing P.O. Box 218 Board Panel Babylon, New York 11702 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Mrs. Laetitia deK. Bradley
- Docketing and Service Section eta t Ne ork 11733 Office of the Secretary U.S. Nuclear Regulatory Cottnission Ms. Shirley L. Bachrach Washington, D. C.
20555 Box 1054 Southold, New York 11971 Jeffrey Cohen, Esq.
Deputy Commissioner and Counsel New York State Energy Office D
h*{C Shoreham, New York 11786 pr t
a "UY' I
William C. Chapek Box 997 Melville, New York 11746 Joseph C. Gramer, Esq.
425 Broadhollow Road d
N Melville, New York 11746 Bernard M. Bordenick Carl G. Dworkin, Esq.
Counsel for NRC Staff Senior Attorney for Energy New York State Department of Environmental Conservation r
50 Wolf Road Albany, New York 12233 r
.