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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20093G4541995-10-18018 October 1995 Comment Supporting Proposed Rules 10CFR2,50 & 51 Re Decommissioning Procedures for Nuclear Power Reactors ML20058K7381993-12-0303 December 1993 Memorandum & Order CLI-93-25.* Commission Denies State of Nj Petition for Leave to Intervene & Request for Adjudicatory Hearing Filed on 931008.W/Certificate of Svc.Served on 931203 ML20058E0151993-11-14014 November 1993 Comment Opposing Proposed Rule 10CFR50 Re Exemptions in Accident Insurance for Nuclear Power Plants Prematurely Shut Down ML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20059B0621993-10-20020 October 1993 Long Island Power Authority Response to Nuclear Regulatory Commission Order of 931014.* Requests That NRC Reject State of Nj Filing.W/Certificate of Svc ML20057G2141993-10-14014 October 1993 Order.* Requests for Simultaneous Responses,Not to Exceed 10 Pages to Be Filed by State,Peco & Lipa & Served on Other Specified Responders by 931020.NRC May File by 931022. W/Certificate of Svc.Served on 931014 ML20059A4581993-10-14014 October 1993 Order Requesting Answers to Two Questions Re State of Nj Request for Immediate Action by NRC or Alternatively, Petition for Leave to Intervene & Request for Hearing. Operations Plans for Marine Transportation Withheld ML20059F0191993-10-0808 October 1993 Long Island Power Authority Reply to New Jersey Filing of 931020.* Licensee Requests That NRC Deny State of Nj Intervention Petition.W/Certificate of Svc ML20057F2191993-09-30030 September 1993 Exemption from Requirements of 10CFR50.54(q) Eliminating Licensee Requirement to Follow & Maintain in Effect Emergency Plans ML20059B1291993-09-14014 September 1993 Affidavit of Jh Freeman.* Discusses Transfer of Slightly Used Nuclear Fuel from Shoreham Nuclear Power Station to Limerick Generating Station.W/Certificate of Svc & Notice of Appearance ML20097C3241992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Joint Opposition to Issuance of Decommissioning Order Prior to Hearing.* W/Certificate of Svc ML20097C2911992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeal.* Dismisses 911203 Notice of Appeal W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees Due to Encl Settlement Agreement. W/Certificate of Svc ML20097C2891992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeals.* Appeals Being Dismissed Due to Encl Settlement Agreement.Nrc Should Dismiss Appeals W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees.W/Certificate of Svc ML20097C1361992-06-0303 June 1992 Petitioners Consented Motion to Dismiss.* Petitioners by Counsel Move ASLB to Dismiss Petitioners as Petitioners for Leave to Intervene & Request for Hearing in Proceeding W/ Prejudice.W/Certificate of Svc ML20097C2631992-06-0303 June 1992 Petitioner Consented Motion to Dismiss.* NRC Should Issue Order Dismissing School District & Scientists & Engineers for Secure Energy,Inc as Petitioners in Proceeding.W/ Settlement Agreement & Certificate of Svc ML20097C1081992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Appeal.* Petitioners Hereby Move to Dismiss 910628 Notice of Appeal in Matter W/Prejudice & W/Each Party to Bear Own Costs & Atty Fees.W/ Certificate of Svc ML20096A5921992-05-0707 May 1992 Motion to Withdraw Supplemental Filing.* Petitioners Urge NRC to Allow Withdrawal of Supplement for Good Cause Shown. W/Certificate of Svc ML20096A5311992-05-0606 May 1992 Long Island Power Authority Comments on SECY-92-140 & Response to Petitioner Joint Opposition to Decommissioning Order.* Util Urges NRC to Adopt Recommendation in SECY-92-140 & Approve Order.W/Certificate of Svc ML20096A5071992-05-0505 May 1992 Suppl to Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Supplements Joint Opposition Prior to Hearing.W/Certificate of Svc ML20095K8991992-04-29029 April 1992 Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Petitioners Urge Commission to Reject NRC Staff Proposal in SECY-92-140.W/Certificate of Svc ML20095H5611992-04-28028 April 1992 Affidavit of Lm Hill.* Affidavit of Lm Hill Supporting Util Position That Circumstances Exist Warranting Prompt NRC Action on NRC Recommendation That Immediately Effective Order Be Issued Approving Decommissioning Plan ML20094G3971992-02-26026 February 1992 Notice of State Taxpayer Complaint & Correction.* NRC Should Stay Hand in Approving Application for License Transfer as Matter of Comity Pending Resolution of Question as Util Continued Existence in Ny State Courts.W/Certificate of Svc ML20094G2261992-02-25025 February 1992 Petitioner Notice of Lilco/Long Island Power Authority Exaggeration & of Commencement of State Court Action.* NRC Should Await Ny State Decision Re Matter within Special Jurisdiction.W/Certificate of Svc ML20092K9021992-02-24024 February 1992 Petitioner Opposition to Ltr Request for Dismissal of Pages.* Suggests That Transfer of License Inappropriate at Present Time.W/Certificate of Svc ML20092K9511992-02-21021 February 1992 Response of Lilco & Long Island Power Authority to Petitioner Opposition to NRC Staff Recommendation for License Transfer Approval.* W/Certificate of Svc ML20092K8701992-02-20020 February 1992 Petitioners Opposition to NRC Staff Recommendation for Approval of License Transfer.* Urges Commission to Reject NRC Recommendation in SECY-92-041 & Remand Matter for Consideration in Normal Proceeding.W/Certificate of Svc ML20091E2661992-02-20020 February 1992 Petitioner Opposition to NRC Staff Motion to Dismiss.* Petitioners Urge NRC to Deny Staff Motion or Defer Action Until Petitioners Have Fully Developed Petitions & Supplied Detailed Contentions.W/Certificate of Svc ML20091E4011992-02-18018 February 1992 Answer of Long Island Power Authority to NRC Staff Motion to Dismiss Intervention Petitions.* Util Urges NRC to Grant Motion & Dismiss Intervention Petitions.W/Certificate of Svc ML20091E3161992-02-13013 February 1992 Lilco Response to NRC Staff Motion to Dismiss Intervention Petitions on Decommissioning Plan.* Requests That Petitions Be Struck & Petitioners Be Instructed of Possible Dismissal.W/Certificate of Svc ML20092D2931992-02-0606 February 1992 Answer Denying Petitions for Leave to Intervene & Request for Prior Hearing Re Decommissioning ML20091E2741992-02-0606 February 1992 Answer of Long Island Power Authority to Intervention Petitions Concerning Shoreham Decommissioning Plan.* Requests That Petitions for Leave & Requests for Hearing Be Denied.W/Certificate of Svc & Notice of Appearance ML20091E2941992-02-0606 February 1992 Lilco Opposition to Petitioner Request for Hearing on Shoreham Decommissioning Plan.* Informs That Util Opposes Both Requests for Hearing.W/Certificate of Svc ML20091E2831992-01-22022 January 1992 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition for Leave Be Granted & Hearing Held. W/Certificate of Svc & Notice of Appearance ML20091E2811992-01-22022 January 1992 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition Be Granted & Hearing Be Held.W/Certificate of Svc & Notice of Appearance ML20086T7231992-01-0303 January 1992 Motion of Long Island Power Authority for Leave to File Supplemental Matls.* Requests That Supplemental Memorandum & Supplemental Legislative History Matls Be Filed. W/Certificate of Svc ML20086T7541992-01-0303 January 1992 Memorandum of Long Island Power Authority Concerning Supplemental Legislative History Matls.* Supports Legislative History & Argues That License Not Subj to Termination Under Section 2828.W/Certificate of Svc ML20086Q9171991-12-30030 December 1991 Lilco Opposition to Petitioners Request for Stay & Suggestion of Mootness.* Suggests That Stay Request & Suggestion of Mootness Be Denied.W/Certificate of Svc ML20086Q9281991-12-30030 December 1991 Opposition of Util to Motion for Stay of License Transfer & to Suggestion of Mootness.* Concluded That Relief Sought in Petitioner Motion & Suggestion Should Be Denied. W/Certificate of Svc ML20091H8261991-12-19019 December 1991 Suggestion of Mootness Due to Long Island Power Authority Imminent Demise.* Concludes That If Commission Were to Transfer Shoreham Licenses to Lipa,Nrc Could Find Itself W/Class 103 Facility W/O Licensee.W/Certificate of Svc ML20091H8661991-12-18018 December 1991 Lilco Opposition to SE2 Appeal from LBP-91-26 & LBP-91-39. Concludes That Appeal Should Be Summarily Rejected or Be Denied on Merits.W/Certificate of Svc ML20086N1661991-12-17017 December 1991 Motion for Stay of License Transfer Pending Final Order on Petition to Intervene & Request for Hearing & for Addl or Alternative Stay.W/Certificate of Svc ML20086M0791991-12-16016 December 1991 Certificate of Svc.* Certifies Svc of Petitioner Notice of Appeal & Brief in Support of Appeal in Proceeding to Listed Individuals ML20086J6351991-12-0909 December 1991 Lilco Opposition to Petitioners Contentions on License Transfer Amend.* Concludes That License Transfer Amend Contentions Be Rejected & Petitioner Request to Intervene Denied.W/Certificate of Svc ML20086J3521991-12-0909 December 1991 Response of Long Island Power Authority to Petitioners Joint Supplemental Petition.* Board Should Dismiss Petitions to Intervene for Lack of Standing & Reject All Contentions Proffered by Petitioners.W/Certificate of Svc ML20094E1041991-12-0909 December 1991 Response to Long Island Power Authority to Petitioners Joint Supplemental Petition ML20091G2051991-12-0303 December 1991 Brief in Support of Appeal.* Commission Should Consider Appeal on Basis That Findings of Matl of Facts Clearly Erroneous.W/Certificate of Svc ML20091G1971991-12-0303 December 1991 Notice of Appeal.* Informs of Appeal of LBP-91-26 & LBP-91-39 in Facility possession-only License Proceeding ML20086C5381991-11-18018 November 1991 Petitioner Joint Supplemental Petition.* Petition Includes List of Contentions to Be Litigated in Hearing Re License Transfer Application.W/Certificate of Svc ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* 1995-10-18
[Table view] Category:PLEADINGS
MONTHYEARML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B0621993-10-20020 October 1993 Long Island Power Authority Response to Nuclear Regulatory Commission Order of 931014.* Requests That NRC Reject State of Nj Filing.W/Certificate of Svc ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20059F0191993-10-0808 October 1993 Long Island Power Authority Reply to New Jersey Filing of 931020.* Licensee Requests That NRC Deny State of Nj Intervention Petition.W/Certificate of Svc ML20097C2631992-06-0303 June 1992 Petitioner Consented Motion to Dismiss.* NRC Should Issue Order Dismissing School District & Scientists & Engineers for Secure Energy,Inc as Petitioners in Proceeding.W/ Settlement Agreement & Certificate of Svc ML20097C2911992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeal.* Dismisses 911203 Notice of Appeal W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees Due to Encl Settlement Agreement. W/Certificate of Svc ML20097C1361992-06-0303 June 1992 Petitioners Consented Motion to Dismiss.* Petitioners by Counsel Move ASLB to Dismiss Petitioners as Petitioners for Leave to Intervene & Request for Hearing in Proceeding W/ Prejudice.W/Certificate of Svc ML20097C1081992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Appeal.* Petitioners Hereby Move to Dismiss 910628 Notice of Appeal in Matter W/Prejudice & W/Each Party to Bear Own Costs & Atty Fees.W/ Certificate of Svc ML20097C2891992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeals.* Appeals Being Dismissed Due to Encl Settlement Agreement.Nrc Should Dismiss Appeals W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees.W/Certificate of Svc ML20097C3241992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Joint Opposition to Issuance of Decommissioning Order Prior to Hearing.* W/Certificate of Svc ML20096A5921992-05-0707 May 1992 Motion to Withdraw Supplemental Filing.* Petitioners Urge NRC to Allow Withdrawal of Supplement for Good Cause Shown. W/Certificate of Svc ML20096A5311992-05-0606 May 1992 Long Island Power Authority Comments on SECY-92-140 & Response to Petitioner Joint Opposition to Decommissioning Order.* Util Urges NRC to Adopt Recommendation in SECY-92-140 & Approve Order.W/Certificate of Svc ML20096A5071992-05-0505 May 1992 Suppl to Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Supplements Joint Opposition Prior to Hearing.W/Certificate of Svc ML20095K8991992-04-29029 April 1992 Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Petitioners Urge Commission to Reject NRC Staff Proposal in SECY-92-140.W/Certificate of Svc ML20094G2261992-02-25025 February 1992 Petitioner Notice of Lilco/Long Island Power Authority Exaggeration & of Commencement of State Court Action.* NRC Should Await Ny State Decision Re Matter within Special Jurisdiction.W/Certificate of Svc ML20092K9021992-02-24024 February 1992 Petitioner Opposition to Ltr Request for Dismissal of Pages.* Suggests That Transfer of License Inappropriate at Present Time.W/Certificate of Svc ML20092K9511992-02-21021 February 1992 Response of Lilco & Long Island Power Authority to Petitioner Opposition to NRC Staff Recommendation for License Transfer Approval.* W/Certificate of Svc ML20092K8701992-02-20020 February 1992 Petitioners Opposition to NRC Staff Recommendation for Approval of License Transfer.* Urges Commission to Reject NRC Recommendation in SECY-92-041 & Remand Matter for Consideration in Normal Proceeding.W/Certificate of Svc ML20091E2661992-02-20020 February 1992 Petitioner Opposition to NRC Staff Motion to Dismiss.* Petitioners Urge NRC to Deny Staff Motion or Defer Action Until Petitioners Have Fully Developed Petitions & Supplied Detailed Contentions.W/Certificate of Svc ML20091E4011992-02-18018 February 1992 Answer of Long Island Power Authority to NRC Staff Motion to Dismiss Intervention Petitions.* Util Urges NRC to Grant Motion & Dismiss Intervention Petitions.W/Certificate of Svc ML20091E3161992-02-13013 February 1992 Lilco Response to NRC Staff Motion to Dismiss Intervention Petitions on Decommissioning Plan.* Requests That Petitions Be Struck & Petitioners Be Instructed of Possible Dismissal.W/Certificate of Svc ML20091E2941992-02-0606 February 1992 Lilco Opposition to Petitioner Request for Hearing on Shoreham Decommissioning Plan.* Informs That Util Opposes Both Requests for Hearing.W/Certificate of Svc ML20091E2741992-02-0606 February 1992 Answer of Long Island Power Authority to Intervention Petitions Concerning Shoreham Decommissioning Plan.* Requests That Petitions for Leave & Requests for Hearing Be Denied.W/Certificate of Svc & Notice of Appearance ML20091E2811992-01-22022 January 1992 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition Be Granted & Hearing Be Held.W/Certificate of Svc & Notice of Appearance ML20091E2831992-01-22022 January 1992 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition for Leave Be Granted & Hearing Held. W/Certificate of Svc & Notice of Appearance ML20086T7231992-01-0303 January 1992 Motion of Long Island Power Authority for Leave to File Supplemental Matls.* Requests That Supplemental Memorandum & Supplemental Legislative History Matls Be Filed. W/Certificate of Svc ML20086Q9281991-12-30030 December 1991 Opposition of Util to Motion for Stay of License Transfer & to Suggestion of Mootness.* Concluded That Relief Sought in Petitioner Motion & Suggestion Should Be Denied. W/Certificate of Svc ML20086Q9171991-12-30030 December 1991 Lilco Opposition to Petitioners Request for Stay & Suggestion of Mootness.* Suggests That Stay Request & Suggestion of Mootness Be Denied.W/Certificate of Svc ML20091H8261991-12-19019 December 1991 Suggestion of Mootness Due to Long Island Power Authority Imminent Demise.* Concludes That If Commission Were to Transfer Shoreham Licenses to Lipa,Nrc Could Find Itself W/Class 103 Facility W/O Licensee.W/Certificate of Svc ML20091H8661991-12-18018 December 1991 Lilco Opposition to SE2 Appeal from LBP-91-26 & LBP-91-39. Concludes That Appeal Should Be Summarily Rejected or Be Denied on Merits.W/Certificate of Svc ML20086N1661991-12-17017 December 1991 Motion for Stay of License Transfer Pending Final Order on Petition to Intervene & Request for Hearing & for Addl or Alternative Stay.W/Certificate of Svc ML20086J3521991-12-0909 December 1991 Response of Long Island Power Authority to Petitioners Joint Supplemental Petition.* Board Should Dismiss Petitions to Intervene for Lack of Standing & Reject All Contentions Proffered by Petitioners.W/Certificate of Svc ML20086J6351991-12-0909 December 1991 Lilco Opposition to Petitioners Contentions on License Transfer Amend.* Concludes That License Transfer Amend Contentions Be Rejected & Petitioner Request to Intervene Denied.W/Certificate of Svc ML20091G2051991-12-0303 December 1991 Brief in Support of Appeal.* Commission Should Consider Appeal on Basis That Findings of Matl of Facts Clearly Erroneous.W/Certificate of Svc ML20086C5381991-11-18018 November 1991 Petitioner Joint Supplemental Petition.* Petition Includes List of Contentions to Be Litigated in Hearing Re License Transfer Application.W/Certificate of Svc ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* ML20082G8971991-08-0909 August 1991 Lilco Responses to Petitioner Filings of 910805 & 06.* W/Certificate of Svc ML20082G8441991-08-0707 August 1991 Motion for Offical Notice to Correct Representation.* Moves Board to Take Official Notice of Encl NRC Records to Correct Representation Made at Prehearing Conference. W/Certificate of Svc ML20082G8571991-08-0707 August 1991 Petitioners Response to Lilco Re Physical Security Plan.* Petitioners Suggest That Util post-hearing Filing Does Not Dispose of Any Issue as to Util Compliance W/Settlement Agreement.W/Certificate of Svc ML20076D0721991-07-22022 July 1991 Petitioners First Emergency Motion for Stay.* Movants Urge Commission,In Interest of Justice,To Enjoin Lilco from Taking Any Actions Under possession-only License Which Might Moot Renewed Application for Stay.W/Certificate of Svc ML20076D1541991-07-22022 July 1991 Lilco Response to Petitioner Emergency Motions.* Believes Petitioner Emergency Motions Should Be Denied to End Frivolous Pleadings & Burdens of Time & Resources of Nrc. W/Certificate of Svc ML20076D0841991-07-21021 July 1991 Petitioners Second Emergency Motion for Stay.* Petitioners Urge Commission,Ex Parte,To Enjoin Lilco,From Any & All Acts W/Respect to Shoreham Which Would Be Inconsistent W/Nrc Representation in Court.W/Certificate of Svc ML20076D2071991-07-15015 July 1991 Lilco Opposition to Shoreham-Wading River Central School District (Swrcsd) Appeal from LBP-91-26.* Appeal Should Be Denied Due to Listed Reasons.W/Certificate of Svc ML20082D4051991-07-12012 July 1991 Lilco Opposition to SE-2s Contentions on Possession Only License Amend.* Concludes That Contentions Should Be Rejected & Request for Hearing on Possession Only License Amend Should Be Denied.W/Certificate of Svc ML20082D4001991-07-12012 July 1991 Movant-intervenors Motion for Change of Venue of Prehearing Conference.* Intervenors Request Change of Venue of 910730 Prehearing Conference from Hauppauge,Ny to Washington DC Area.W/Certificate of Svc ML20082D3891991-07-10010 July 1991 Lilco Support of NRC Staff Motion for Reconsideration of LBP-91-26.* for Reasons Listed,Nrc 910625 Motion Should Be Granted & Request for Hearing & Petition to Intervene in Amend Proceeding Should Be Denied.W/Certificate of Svc ML20082B4311991-07-0303 July 1991 Lilco Opposition to Petitioner Contentions on Confirmatory Order,Physical Security Plan & Emergency Preparedeness License Amends.* Petitioner Contentions Should Be Rejected & License Amends Denied.W/Certificate of Svc ML20082B3531991-07-0202 July 1991 Unopposed Motion for Variance in Svc Requirements.* Informs That Filing & Svc Requirements Presents No Obstacle to Filing W/Aslb or Svc Upon Any Parties.W/Certificate of Svc. Served on 910702.Granted for Licensing Board on 910702 ML20082B2461991-06-28028 June 1991 Movant-Intervenor Brief in Support Accompany Notice of Appeal.* School District Urges Commission to Reverse & Remand Dismissal Order W/Appropriate Guidance.W/Ceritifcate of Svc ML20082B2571991-06-28028 June 1991 Unopposed Motion for Variance in Svc Requirements.* Petitioners Urge ASLB to Grant Variance in Svc Procedures Requested to Allow Svc of Judge Ferguson.W/Certificate of Svc 1993-10-08
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IIUMED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION, '
L' - ,j r-) g n Before the Atomic Safety and Licensing Board
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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 0.L.
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(Shoreham Nuclear Power Station, )
Unit 1) . )
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SUFFOLK COUNTY'S WITHDRAWAL OF MOTION TO COMPEL LILCO TO FILE A WRITTEN REPORT CONCERNING THE TELEDYNE ENGINEERING SERVICES DESIGN REVIEW OF SHOREHAM; MOTION FOR ALTERNATIVE RELIEF Suffolk County filed a motion (the " Motion") on April 8, 1983 requesting the Board to issue an order compelling LILCO to submit a report (a) detailing the status of the design review by Teledyne Engineering Services ("Teledyne"), (b) explaining the reasons for the delays in issuance of the Teledyne report and estimating the date of the final're'p ort, and (c) describing all contacts between LILCO and Teledyne with respect to the review. This Motion was prompted by long, repeated and con-tinuing delays in the issuance of the report and the failure of LILCO to provide information on the reasons for the delays and accurate estimates of the issuance date.
This matter has apparently also been of concern to the Board, which most recently referred to the Teledyne report as "still pending, but long anticipated and much delayed (without 8305050005 830502 PDR ADOCK 05000322 0 PDR
explanation) . . . ." " Memorandum and Order Referring Denial of Suffolk County's Motion to Terminate to the Appeal Board an Certifying Low-Power License Question to the Commission
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(Through the Appeal Board) ," LBP-83-21, 17 NRC (1983),
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t 20. As the Board noted in its " Memorandum and Order Direc%
ing Parties to Discuss Pending Suffolk County Motions,"
April 14, 1983 (the " Board Order"), the Board itself requested information on the status and scheduled issuance date of
" ' the Teledyne deport as late as during the hearing on April 5, 1983. LILCO's response was that the Teledyne report "is not out yet, and we do not have any later information on when it will be available." Tr. 20,359. The Staff made no response.
In compliance with the Board Order, by letter of April l@
1983, the County proposed a meeting among the County, LILCO, the Staff, and Teledyne to discuss the Motion. In subsequent correspondence, LILCO refused to meet in person, agreeing onig to a conference telephone call and declining to involve Teled l
i in the call or the County in telephone calls between LILCO an Teledyne. Copies of all of this correspondence are attached as Exhibit 1. During the course of a telephone conference ca) on April 22, 1983, LILCO and the Staff finally disclosed most, but not all, of the information requested by the. County in its Motion -(part (c) of the Motion described above was not
-- - provided) and, accordingly, asked the County to withdraw the Motion. The County responded that it would consider L
withdrawing the Motion only after review of LILCO's and the Staff's replies to the Motion, which s.hould accurately' state
'the substance of the information given the County or' ally during the telephone conference call.
LILCO's reply ~to the Motion, filed on April 25, 1983, gratuitously characterizes the County's Motion as "a premature and vexatious request for discovery." The County's Motion was not a " request for discovery;" it was an attempt to penetrate LILCO's virtual blackout of information concerning the progress (or lack of it) of the Teledyne review, so that the County and the Board might obtain some insight into the schedule of this proceeding. The Motion was hardly " premature;"
both the County and the Board repeatedly over the course of -
many months have requested LILCO to disclose information on the status of the Teledyne review, only to be met by the stone wall of silence or purported ignorance. The Motion was apparently " vexatious" to LILCO because LILCO did not wish to provide important.information to the Board and the other parties. ,
Because LILCO did furnish the County most of the informa-tion requested by the Motion, and confirmed that information in writing in.its reply, the County hereby withdraws its Motion.
We note, as stated on page 4 of LILCO's reply, that the time which LILCO takes to respond to questions by Teledyne is one of the critical pacing elements of the schedule for
_a_
issuance of the Teledyne report.- Therefore, the timing of the issuance of.Teledyne's final report is to a significant extent
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within LILCO's co'ntrol. LILCO estimates'that the final report will be issued by the middle or end of June.
The Staff estimates in its April 28, 1983 response to the Motion (the " Staff Response") that the final report could be
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issued by the end of May.
According to the Staff Response, Mr. Caruso frequently contacted Mr. Landers of Teledyne over
the past several months to " track the progress of the'Teledyne review." However, the Staff failed to provide detailed information regarding the status of the Teledyne review to
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the County or the Board. Indeed, the Staff informed the County orally that ' the Staff intended to oppose the County's Motion. In our view the Staff should facilitate the disclosure of information regarding the progress of the Teledyne review (especially when that information has been repeatedly requested by the Board), rather than oppose,a motion designed to secure that information for the benefit of the Board and all parties.
The Staff Response fails to confirm-in writing one matter disclosed by the Staff during the Apri1 22 conference call. Mr. Caruso reported that Mr. Landers of Teledyne
. told Mr. Caruso he had reviewed the transcripts of the hearings on the Torrey Pines report, and did not want to happen to Teledyne what happened to Torrey Pines. Teledyne was being extremely cautious in its review, and if it found a non-conformance in an item, was inspecting all similar items in the system.
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Obviously the Motion and Board Order which were necessary to force LILCO and the Staff to disclose information regarding the Teledyne review kere not the most efficient way to obtain '
. this information, although those means were compelled by intransigence. Accordingly,' while withdrawing the Motion on the basis stated above, the County hereby moves for alternative I
relief: that the Board" order LILCO and the Staff each to pro-vide the County and all parties promptly with any and all .
information it may obtain in the future regarding the status of the Teledyne design review or affecting its estimates of che issuance date of the Teledyne report. .
Respectfully submitted, David J. Gilmartin -
Patricia A. Dempsey Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788
, Herbert H. Bro h //
= -
Lawrence Coe anpher Alan Roy Dy er KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS
< . 1900 M Street, N.W. .
Washington, D.C. 20036 Attorneys for Suffolk County May 2, 1983 4
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EXHIBIT 1 EIREPATRICK, LOCKEA.HT, HILL CuarsTorm:n & ParLLIrs A Perasarr Zwcs.untwo A PaorasstoxAL Consomen?
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(202) 452-7022 -
April 15, 1983
. T.S. Ellis, III, Esqqire Bernard M. Bordenick, Esq.
Anthony F. Earley, Jr., Esq. U.S. Nuclear-Regul~atory Hunton-& Williams Commission P.O. Box 1535 Washington, D.C. 20555 707 East Main Street Richmond, Virginia 23212 Gentlemen: ,
As you know, Suffolk County has recently filed a " Motion to Compel LILCO to File a Written Report Concerning the Teledyne' Engineering Services Design Review of Shoreham" (the "Teledyne motion"). In an order issued yesterday, the ASLB directed LILCO, 4 the County and the NRC Staff to discuss this motion prior to the time that answers to the motion are filed.
We propose meeting on Tuesday, April 19, in our Washington offices. We believe that representatives of Teledyne should be included in this meeting. This will ensure that answers to the inquiries made by tlie County in its riotion can be provided to the parties and included by LILCO and the Staff in their answers to the County's Teledyne motion. Please contact me as soon as possible so that we can make the necessary arrangements for the meeting .
Sincerely, fb Michael S. Miller MSM:ph cc: Donald.F. Landers Senior Vice-President Teledyne Engineering Services,
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. IIU N ros & WILLI AM S 707 EAsv Main stacc7 P. o. Box IG3 5
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.........< ........ 8-Michael S. Miller, Es,,q. Bernard M. Dordenick, Esq' Kirkpatrick, Lockhart, IIlll U.S. Nuclear Regulatory.
. Christopher & Phillips '
Commission 19 0 0 M S tree t , N .W . washington, D.C. 20555 Washington, D.C. 2003G
Dear Mike and Bernie:
We received this morning ![ike's letter of April 15 .
proposing that the parties meet-in Mike's offices in Mashington tomorrow, April 19, to discuss the County 's motion regarding the.
Teledyne inspection. We do not believe the' Board intended that the parties actually get together,' and we therefore suggest a conference call later this week at the convenience of all ~in-volved. We propose 10:00 a.m. on Thursday or 2:00 p.m. on Thursday or Friday.
Please let me know when you would prefer to have a con-ference call. I can be reached .at any of the following numbers
- (708-8488, -8243, or -8222) . ,
warm regards. -
l Sincerely,
. s .
~ ,
h Lewis F. Powell, III
- 234/816 cc: Donald F. Landers
! Senior Vice-President Toledyne Engineering Services l
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Fr: sarnGR, FEMtECTL77.A ES v4L**.IR's DIRECT DIAL Nt >cEn2 (4it) &&5 osco (202) 452-7022 .
Apr?1 19, 1983 BY TELECOPIER _
Lewis Powell, Esquire ,
- Hunton & Williams P.O. Box 1535 707 East Main Street Richmond, Virginia 23212
Dear Lewis:
On beha1f of Suffolk County, this is t'o acknowledge receipt of your April 18 letter and to advise you that we can be availabli at any of the times proposed in your letter for a conference call to discuss the County's Teledyne motion. We assume that repre-sentatives of Teledyne will be included in the conference call.
Perhaps the call should be scheduled for a time most convenient for the Teledyne representatives.
~
As noted in my April 15 , letter, we believe that Teledyne's participation will ensure that answers to the inquiries made by the County in its motion can be provided.to the parties and included by LILCO-and the Staff in their answers to the. motion.
We therefore expect to be advised if Teledyne is not to be includ in the scheduled conference call. Should LILCO decide not to include Teledyne, we expect LILCO, or its. counsel, to be able to provide answers to the inquiries which have been made by the Coun We further expect to be included in any discussions that LILCO might have with Teledyne in preparation for the upcoming conferer.
,- call among the parties.
Please let us know at your earliest convenience when the conference call will be scheduled.
Best regards.
Sincerely, btb Y Michael S. Miller cc: Bernard M. Bordenick, Esq.
Mr. Donald F. Landers Senior Vice President Teledyne Engineering Services
Hexrox & WrIirius -
707 E.A57 MAlH 5'?ncer P. C. Box isas e s & ? sur6o.w. Rremto.wn,vinormA 23212
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= c a r c',t, vi no a nna 3 3 s se 4o4 618*580 Crat:7 D:46 Ms. eCe ta BY TELECOPIER -
Michael S. Miller, Esq.
( Kirkpatrick, Lockhart, Hill Christopher & Phillips -
19 00 M S treet, N.W.
Washington, D.C. 20036
Dear Mike:
In response to your lett;er of this date, which I received this morning, I direct your attention to the last sentence of the first paragraph of the Board's order of April 14. Unless
- LILCO and the County received different versions of the Order,
- the Board does not contemplate the participation of Teledyne in the conference that the order requires. - Thus, your assumption to the contrary, like your expectations that underlie your notics are based on no visible means of support. .
Not yet having heard from Bernie, I propose that the call be arranged for 2:00 p.m. on Friday, April 22. By copy, I
of this letter to Bernie, I am requesting that he confirm that I
this time will be. convenient. .
Warn regards.
Sincerely, s-Lewis F. Pcwell, III 234/816
- - cc: Bernard M. Bordenick, Esq.
Mr. Donald F. Landers
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VEITzR'S VIRECT DIAL FrMBsA '
(202) 452-7022 April 19, 1983 BY TELECOPIER
~
Lesis Powell III, Esquire Hunton & Williams P.O. Box 1535 707 East Main Street Richmond, Virginia 23212 .
Dear Lewis:
i d by me, Your letter of this date, which was just rece ot vecontemplate -
states that the Board's Order of April 14 f'"does nnce that the Order the participation of Teledyne in the con ereTherefore, the parties. you in requires."
participate in the upcoming conference call among lied upon
'from the We do not believe that the Board's d Order can be by LILCO to justify its decision Moreover, we to areexclude confidentTelethat yneLILCO and
' conference call. h inquiries made by County received the same Order. Board intends in these dis-for the pa the County in its Teledyne motion. ided letters, it is essential that Teledyne participateif answ cus sions-to the parties and included by LILCO an to the County's motion. t be t LILCO's included in the upcoming conference d complete answers Answers call, w representatives to be able to provide d by thean full County.
h it last inquired to the inquiries which have been(Tr. ma20,359) esuchwill asnot those about the status of the Teledyne reportMoreover, as noted in my letter resolve the County's concerns. to be included in any discussions earlier today, we also expect in preparation for the that LILCO might have with Teledyne co'nference among the parties.
a .-
EtarrArnIcx, Locan. ant, HILL, Cunzsrornza & PuILLrrs Lewis Powell III, Esquire April 19, 1983 Page Two We will assume from your last letter that the conference call will be arranged for 2:00 p.m. on Friday, April 22. Please have the call placed through Alan Dynner of my office at either of the following numbers (452-7044 or -7045) .
Best regards.
~~
Sincerely, .
fufYhb Michael S. Miller MSM:ph -
cc: Bernard M. Bordenick, Esq.
Mr. Donald F. Landers .
e O
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,,,..___,
.y ; -
BEFORE THE ATOMIC SAiz>Y AND LICENSING BOARD
'O iL ' -4 A10 :29
)
In the Matter of ) *
)
LONG ISLAND LIGHTING COMPANY )
) Docket No. 50-322 (0.L.)
(Shoreham Nuclear Power Station, )
Unit 1) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of "SUFFOLK COUNTY MOTION FOR REVISION OF SCHEDULE" and "SUFFOLK COUNTY'S WITHDRAWAL OF MOTION TO -COMPEL LILCO TO FILE A WRITTEN REPORT CONCERNING THE TELEDYNE ENGINEERING SERVICES DESIGN REVIEW OF SHOREHAM; MOTION FOR ALTERNATIVE RELIEF" have been served this 2nd day of May 1983 to the following by first class mail, postage prepaid, except as otherwise indicated.
Lawrence J. Brenner, Esq. (#) Ralph Shapiro, Esq. (*)
Administrative Judge Cammer and Shapiro Atomic Safety and Licensing Board 9 East 40th Street -
U.S. Nuclear Regulatory Commission New York, New York 10016 Washington,.D.C. 20555 Howard L. Blau, Esq.
Dr. James L. Carpenter (#) 217 Newbridge Road Administrative Judge Hicksville, New York 11801 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission W. Taylor Reveley III, Esq. (*)
Washington, D.C. 20555 Hunton & Williams
- P.O. Box 1535 707 East Main St.
Dr. Peter A. Morris (#) Richmond, Virginia 23212 Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mr. Jay Dunkleberger Washington, D.C. 20555 New York State Energy Office Agency Building 2 Edward M. Barrett, Esq. Empire State Plaza
. General Counsel .
Albany, New York 12223 Long Island Lighting Company 250 Old Country Road Stephen B. Latham, Esq. (*)
~
Mineola, New York 11501 Twomey, Latham & Shea Mr. Brian McCaffrey P.O. Box 398 Long Island Lighting Company 33 West Second Street 175 East Old Country Road Riverhead, New York 11901 Hicksville, New York 11801 -
Marc W. Goldsmith Mr. Jeff Smith Energy Roscarch Group, Inc. Shoreham Nuclear Power Station 400-1 Totten Pond Road . P.O. Box 618 Waltham, Massachusetts 02154 North Country Road Wading River, New' York 11792 Joel Blau, Esq. MHB Technical Associates New York Public Service Commission 1723 Hamilton Avenue The Governor Nel' son A. Rockefellef Suite'K Building San Jose, California 95125 Empire State Plaza Albany, Ney York 12223 Hon. Peter Cohalan S.uffolk County Executive David J. Gilmartin, Esq. H. Lee Dennison Suffolk County Attorney Building
- B. Lee Dennison Building Veterans Memorial Highway
- Veterans Memorial Highway Hauppauge, New York 11788 Hauppauge, New York 11788 Ezra I. Bialik, Esq.
Atomic Safety and Licensing ~~
Assistant Attorney General Board Panel Environmental Protection Bureau U.S. Nuclear Regulatory Commission New York State Department of Washington, D.C. 20555 Law 2 World Trade Center Docketing and Service Section New York, New York 10047 Office of the Secretary U.S. Nuclear Regulatory Commission -
Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board U.S. Nuclear Regulatory Bernard M. Bordenick, Esq. (#) Commission .
David A. Repka, Esq. Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Matthew J. Kelly, Esq.
Staff Counsel, New York Stuart Diamond State Public Service Comm.
Environment / Energy Writer 3 Rockefeller Plaza NEWSDAY Albany, New York 12223 Long Island, New York 11747 -
. Stewart M. Glass, Esq.
Daniel F. Brown, Esq. Regional Counsel Atomic Safety and Federal Emergency Management Licensing Board Panel Agency U.S. Nuclear Regulatory Commission 26 Federal Plaza Washington, D.C. 20055 New Yorx,-New York 10278 James B. Dougherty, Esq. (#)
3045 Porter Street, N.W.
Washington,,D.C. 20008 ,
- ~
,WWM Vm V'
Lawrence Coe Lanpher KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS DATE: May 2, 1983 1900 M Street, N.W., 8th Floor
(*) By Federal Express 5/2/83
(#) By Hand 5/3/83
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