ML20024B763
| ML20024B763 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/06/1983 |
| From: | Christman J LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8307110358 | |
| Download: ML20024B763 (5) | |
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- LILCO, July 6, 198S b? vffh Y
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""I *(vf W-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION f
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Before the Atomic Safety and Licensing Board In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322 (OL)
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(Shoreham Nuclear Power Station, )
Unit 1)
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LILCO'S REQUEST FOR LEAVE TO REPLY TO
" ANSWER AND OPPOSITION OF SUFFOLK COUNTY TO LILCO'S MOTION FOR A LOW-POWER LICENSE" On June 27, 1983, intervenor Suffolk County filed its
" Answer and Opposition of Suffolk County to LILCO's Motion for a Low-Power License."
The Answer and Opposition opposes LILCO's motion for a low-power testing license, dated June 8, 1983.
LILCO requests permission to file a written reply to the Suffolk County Answer and Opposition.
There are two justifica-tions for this request.
Firsti because the NRC regulations so clearly authorize a low-power 'icense as soon as the Board's l
partial initial decision is issued in July, if that decision is t
favorable to LILCO, there was no way when the motion was filed to anticipate what arguments the County might raise to oppose the motion.
Second, recent developments since the County filed
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its Answer and Opposition need to be addreased.
The first point is self-explanatory.
Since the record has been closed on all issues except offsite emergency l
8307110358 830706 PM ADOCK 05000322 l
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o planning, and since 10 CFR $ 50.47(d) by its plain terms requires no finding of offsite preparedness for a low-power li-
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cense, deciding all the contested issues except offsite emer-gency planning is tantamount to deciding the low-power license issue.
Somewhat unconventional arguments against a low-power license would have to be created to oppose it, and it was im-possible to anticipate what those arguments might be.
As an illustration, Suffolk County has raised an objection to a low-power license based on the National Environmental Policy Act.
No one has raised a NEPA issue in this proceeding for quite sor..e time.
As to the second point, the most salient new develop-ment, which changes the circumstances in which the County's An-swer and Opposition was filed, is the Commission's order CLI-83-17, dated June 30, 1983, which resolves the low-power issue certified to the Commission by this Board.
Accordingly, LILCO respectfully requests permission to file a written reply to the County's Answer and Opposition of l
June 27.
Respectfully submitted, l
LONG ISLAND LIGHTING COMPANY By M4 W
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Christman Hunton & Williams v
P.O.
Box 1535 i
707 East Main Street Richmond, VA 23212 DATED:
July 6, 1983
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LILCO, July 6, 1983 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322 (OL)
I hereby certify that copies of LILCO's Request for Leave to Reply to " Answer and Opposition of Suffolk County to LILCO's Motion for a Low-Power License" were served this date upon the following by first-class mail, postage prepaid, or (as indicated by an asterisk) by Federal Express.
James A.
Laurenson,*
Lawrence J.
Brenner, Esq.*
Chairman Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S.
Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East-West Tower, Room 402A Washington, D.C.
20555 4350 East-West Highway Bethesda, MD 20814 Dr. James L.
Carpenter
- Administrative Judge Dr. Jerry R. Kline*
Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 East-West Tower, Room 427 4350 East-West Highway Dr. Peter A. Morris
- Bethesda, MD 20814 Administrative Judge Atomic Safety and Licensing Dr. M. Stanley Livingston*
Board l
1005 Calle Largo U.S. Nuclear Regulatory Sante Fe, New Mexico 87501 Commission Washington, D.C.
20555 l
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. Secretar.y.of the Commission David.J. Gilmartin, Esq.
U.S. Nuclear Regulatory Attn:
Patricia A. Dempsey, Esq.
Commission County Attorney Washington, D.C.
20555 Suffolk County Department of Law Atomic Safety and Licensing Veterans Memorial Highway Appeal Board Panel Hauppauge, New York 11787 U.S.
Nuclear Regulatory Commission Herbert H. Brown, Esq.*
Washington, D.C.
20555 Lawrence Coe Lanpher, Esq.
Christopher McMurray, Esq.
Atomic Safety and Licensing Kirkpatrick, Lockhart, Hill, Board Panel Christopher & Phillips U.S. Nuclear Regulatory 8th Floor Commission 1900 M Street, N.W.
Washington, D.C.
20555 Washington, D.C.
20036 Bernard M. Bordenick, Esq.*
Mr. Marc W.
Goldsmith David A.
Repka, Esq.
Energy Research Group Edwin J.
Reis, Esq.
4001 Totten Pond Road U.S. Nuclear Regulatory Waltham, Massachusetts 02154 Commission 7735 Old Georgetown Road MHB Technical Associates (to mailroom) 1723 Hamilton Avenue Bethesda, MD 20814 Suite K San Jose, California 95125 Daniel F.
Brown, Esq.*
Atomic Safety and Licensing Mr. Jay Dunkleberger Board Panel New York State Energy Office U.S. Nuclear Regulatory Agency Building 2 Commission Empire State Plaza Washington, D.C.
20555 Albany, New York 12223 Eleanor L. Frucci, Esq.
Stewart M. Glass, Esq.
Attorney Regional Counsel Atomic Safety and Licensing Federal Emergency Management Board Panel Agency U.S. Nuclear Regulatory 26 Federal Plaza, Room 1349 Commission New York, New York 10278 East-West Tower, North Tower 4350 East-West Highway Stephen B.
Latham, Esq.*
Bethesda, MD 20814 Twomey, Latham & Shea 33 West Second Street P.O.
Box 398 Riverhead, New York 11901 l
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,. Ralph Shapiro, Esq.*
Jonathan D. Feinberg, Esq.
Cammer & Shapiro, P.C.
New York State 9 East 40th Street
' Department-of Public Service _.
New York, New York 10016 Three Empire State Plaza Albany, New York 12223 James B. Dougherty, Esq.*
3045 Porter Street Ms. Nora Bredes Washington, D.C.
20008 Executive Coordinator Shoreham Opponents' Coalition Howard L. Blau 195 East Main Street 217 Newbridge Road Smithtown, New York 11787 Hicksville, New York 11801 c[_
flames N. Christman Hunton & Williams P.O. Box 1535 707 East Main Street Richmond, Virginia 23212 DATED:
July 6, 1983 I
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