ML20011E629
| ML20011E629 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/09/1990 |
| From: | Cordes J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| References | |
| TASK-AII, TASK-SE 2.206, SECY-90-044, SECY-90-44, NUDOCS 9002220049 | |
| Download: ML20011E629 (4) | |
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ADJUDICAkbRY ISSUE February 9, 1990 SECY-90-044 FOR:
The Commissioners FROM:-
John F. Cordes, Jr.
Solicitor l
SUBJECT:
LITIGATION REPORT 1990-08 Ehoreham-Wadina River Central School District and Scientists and Encineers for Secure Enerav. Inc.
- v. NRC, No. 89-1633 (D.C. Cir.)
This litigation was dismissed on January 22, 1990.
The petitioners had sought judicial review of the Director of NRR's denials of their requests under 10 CFR 2.206 that the EDO immediately order Long Island Lighting Company to stop all activities l
related to the defueling and destaffing of Shoreham.
The petitioners claimed that, before i
allowing defueling or destaffing, the NRC should do an environmental impact statement on decommissioning Shoreham, that the EIS should consider full-power operation as an alternative, and that the environmental review was being prejudiced because defueling and destaffing were making the alternative of full-power operation more costly.
Without taking a stand on the NEPA issues, the NRC moved for dismissal of the petition on the grounds that a Director's denial' of a 2.206 request for emergency relief was not final agency action, and that denials of 2.206 petitions were not judicially reviewable anyway.
On January 22, 1990, in a two-page p3r curiam order (attached), the Court dismissed the litigation for lack of a reviewable final order.
Although the Court did not reach the NEPA issues, it did " note the absence of any showing of imminent irreparable injury".
The petitioners have until March 12, 1990 to petition for rehearing or to suggest rehearing en banc, but if NOTE:
TO BE MADE PUBLICLY AVAILABLE IN 10 WORKING DAYS FROM THE ggA l
DATE OF THIS PAPER h22 9 900209 90-044 PDC
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l the Director issues his final decision on the petitioners' 2.206 petitions before March 12, they-l1 may simply seek judicial review of his final decision.
l CONTACT:
Steve Crockett x21600
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g) n F.
Cordes, Jr.
licitor
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Attachment:
Court Order DISTRIBUTION:
Commissioners OGC
EDO ACRS ACNW ASLBP ASLAP SECY l-1
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,y ynitch jtates @ourt of Meals j
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foR THE DISTRICT or CotVMBIA CIRCUlf 1
N o.
8'- 8" September Term,19 8'
UnitedStatesCourtofAppeals-Shoreham-Wading River Central District and For the District of Columbia Circut Scientists and Engineers for Secure Energy, I"
Fil.ED JAN 22.1990
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' CONSTANCE U DUER$
CLERK v.
U.S. Nuclear Regulatory Commission and United States of America, Respondents Long Island Lighting Company, Intervenor BEFORE:
Ruth B.
Ginsburg, Williams and Sentelle, Circuit Judges ORDER Upon consideration of petitioners' motion for leave to file out of time unified petitioners' response and reply, and the response thereto of intervenor.Long Island Lighting-Company
("LILCO"), and the reply; respondents' and LILCO's motions to dismiss, the response thereto and the replies; and petitioners' motion for reconsideration of the denial of expeditious consideration, it is ORDERED that petitioners' motion for leave to file out of time be granted.
The Clerk is directed to file the lodged pleadings.
It is FURTHER ORDERED that the motions to dismiss be granted for lack of a reviewable final order.
E.g3 Honicker v. U.S.
Nuclear Recrulatory Comm'n, 590 F.2d 1207, 1209 (D.C. Cir. 1978), cert.
denied, 441 U.S. 906 (1979).
The court notes the absence of any showing of imminent irreparable injury.
It is
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Knitch $tates Sourt of hpeals FOR THE DilTRIC1 OF CotVMRIA ClaCUlf N o.
September Term,19 8'
FURTHER ORDERED that petitioners' notion for reconsideration of the denial of expeditious consideration be dismissed as moot.
The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing.
E.g.g D. C. Cir. Rule 15.
EgI curiam l
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