ML20028H301

Motion of Long Island Power Authority for Leave to File Comments in Response to Commission 901003 Order.*

ML20028H301
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	10/12/1990
From:	Schenker C LONG ISLAND POWER AUTHORITY, O'MELVENY & MYERS
To:	NRC COMMISSION (OCM)
Shared Package
ML20028H300	List: ML20028H299 ML20028H301 ML20028H302
References
NUDOCS 9011300135
Download: ML20028H301 (3)

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UNITED STATES OF AMERICA Iydf)CE NUCLEAR REGULATORY COMMISSION TO OCT 12 P3:54

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In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322

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(Shoreham Nuclear Power Station, )

Unit 1) )

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C NoTIoM OF THE LONG ISLAND POWER AUTHORITY FoR Lanva To-FILE COMMENTS IN RESPONSE To THE Commission's oCTomaR s. 1990 ognga The Long Island Power Authority ("LIPA"), a municipal corporation and political subdivision of the State of New York, hereby seeks leave to file the accompanying comments prepared in response to the October 3, 1990 Order of the Nuclear Regulatory Commission (" Commission" or

[)' HNRC"). In support of its motion, LIPA shows as follows:

1. On January 5, 1990, the Long Island Lighting Company ("LILCo") applied for amendment of License No. NPF-82 to the status of a Defueled Facility operating License

("DFOL"). LILCO has agreed that its application may, et the discretion of the NRC, be treated instead as one seeking a Possession Only License (" POL").

9011300135 901012 PDR ADOCK 05000322; O PDR

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2. On June 28, 1990, together with LILCO as the present licensee, LIPA filed a license-amendment application to authorize transfer of the S;.oreham Nuclear Power Station

("Shoreham") from LILCO to LIPA, under a DFOL or other non-operating license. (SAA Joint Application of LILCO and LIPA for License Amendment to Authorize Transfer of Shoreham (at 2 & n.3).)

3. On August 21, 1990, the NRC published a proposed no significant hazard determination concerning

{ LILCO's January 5, 1990 submittal.

4. On September 20, 1990, comments objecting to l

that determination, together with petitions to intervene and [ requests for hearing, were filed by the shoreham-Wading f River Central School District ("SWRCSD") and Scientists and . Engineers for Secure Energy, Inc. ("SE2"). Those filings

                  -seek to delay amendment of the Shoreham license to the status of a DFOL or a POL.

5. By order dated October 3, 1990, the Commission requested its Staff and LILCO to address certain <

arguments raised in the papers filed by SWRCSD and SE2.

6. As the prospective successor licensee for Shoreham, LIPA has a strong interest in this matter and 2

objects to unwarranted delay in the NRC's consideration of LILCO's January 5, 1990 submittal.

7. LIPA has prepared comments addressing the matters referenced in the commission's October 3 Order, r

LIPA believes these comments will assist the Commission in resolving those issues. Receipt of LIPA's comments will not , result in delay or other prejudice to any interested person. () WHEREFORE, the Commission should grant leave for the filing of the accompanying Comments of the Long Island Power Authority in Response to the Commission's October 3, L 1990 Order. Such leave is consistant with the provisions of 10 C.F.R. I 2.715. R ectfully submitted, Stanley B. Klimberg W4dliam T. Colema y Jr. Executive Director and Carl R. Schenker,"Jr. General Counsel o'Melveny & Myers Long Island Power Authority 555 13th Street, N.W. 200 Garden City Plaza Washington, D.C. 20004 Garden City, New York 11530 (202) 383-5360 (516) 742-2200 Nicholas S. Reynolds David A. Repka Winston & Strawn 1400 L Street, N.W. Washington, D.C. 20005 (202) 371-5726 , Counsel for the Long Island Power Authority October 12, 1990 3 f

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