ML20029A011
| ML20029A011 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 01/08/1991 |
| From: | Mcgranery J DOW, LOHNES & ALBERTSON, LONG ISLAND LIGHTING CO., SCIENTISTS & ENGINEERS FOR SECURE ENERGY |
| To: | |
| References | |
| CON-#191-11348 91-621-01-OLA, OLA, NUDOCS 9102010043 | |
| Download: ML20029A011 (5) | |
Text
.,
%5%.W UNITED STATES OF AMERICA UstiHC NUCLEAR REGULATORY COMMISSION AT"I SAFETY AND LICENSING BOARD
'91 JAN 25 N1:02 Before Presiding Officer:
_ _ g.
, u r a ;to Morton B. Margulies, Chairman EuCKE'im@r.& -
i' N
)
In the Matter of
)
Docket No. 50-322-OLA 1
)
IANG ISLAND LIGHTING COMPANY
)
ASLBP No. 91-621-01-OLA 3
),
g (Shoreham Nuclear Power Station, )
(Confirmatory Order Modifica-
- K Unit 1)
)
tion, Security Plan Amendment
)
and Emergency Preparedness 1
6
)
Amendment) 1 APPLICATION FOR STAY OF THE DOARD'S ORDER OF JANUARY 8.
1991 Pursuant to 10 C.F.R.
S 2.788 (1990), Petitioners
'j Shoreham-Wading River Central School District (" School District")
and Scientists and Engineers for Secure Energy, Inc. ("SE ") move 2
for a stay of the twenty (20) day period in which to amend their
]
j petitions in the above-captioned matter until after the
]
4 Commission's decision on the appeal of that order filed today, or after the Commission's decision on the pending Petition for
[f ni Reconsideration, whichever is later.
j The grounds for the stay are that it would be a waste
[
V of Commission, Petitioners' and Licensee resources to amend and i
respond to amendments to these petitions until after the P
Commission has issued its decision on reconsideration of CLI u 08, 32 NRC 201 (1990), and the Commission has decided the appeal g
of this order.
~
9102010043 910100 ADOCK 050 2
gDR 3
1 In particular, the Commission's consideration of amicus briefs filed by the Chairman of the Council on Environemental Quality and the U.S. Secretary of Energy supportina Petitioners' position on reconsideration strongly suggests that the commission will indeed reconsides and change its opinion on that matter, especially given the iudicially-recaired deference to Council on E'.1vironmental Quality interpretations of the National Environmental Policy Act of 1969.
In further support of this proposition, Petitioners note that DD-90-08 (December 20, 1990) was also based, in large part, on the Commission's decision in CLI-90-08 and the Commission has extended the time for its gna sconte review of that decision by Order of January 14 until February 1, 1991.
In their appeal of the Board's Order of January 8, 1991, Petitioners also appeal the Board's holding that the three license changes before the Board "are not impermissible segmentation of any decision to ?.ecommission."
Memorandum and Order at 47.
And the Petitioners appeal the Board's decision that " pendency of the request for reconsideration provides no sound reason for suspending review of the petitions."
Memorandum and Order at 4 n.1.
Petitioners believe that they are likely to prevail on the merite on this appeal, that proceeding on the basis of CLI-90-0B and the Board's Order of January 9, 1991 would cause them irreparable injury (namely, a denial of their rights under NEPA), that the granting et the stay will not harm any
l.
other party but rather will work to conserve the resources of all parties, and that the public interest lies in expending these extensive litigation efforts only after the Commission has issued a final decision.
WHEREFORE, Petitioners urge that the stay be granted.
Respectfully submitted,
)
,L) y 4.-
n'yL James P.
McGranery, Jr Dow, Lohnes & Albertisob' Suite 500 1255 Twenty-Third Street, N.W.
Washington, D.C.
20037 (202) 857-2929 Counsel to Petitioners Shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy, Inc.
[
-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
- .uG ED ushc Before Administrative Judges:
'91 M 25 All :02 Morton B. Margulies, Chairman Dr. George A. Ferguson Dr. Jerry R. Kline
'Q_ff.iVkp yiu Sh r.u&
)
.In the Matter of
)
Docket No. 50 322 OLA
)
14NG ISLAND LIGHTING COMPANY
)
ASLBP No. 91-62101-'OLA
)
(Shoreham Nuclear Power Station,
-)
(Confirmatory Order Modifica.
Unit 1
)
tion, Security Plan Amendment
)
_)
Amendment)
CERTIFICATE OF SERVICE I hereby certify that a copy of the Application for Stay of the Board's Order of January 8,19981 in the above captioned matter by Shoreham Wading River Central School District and Scientists and Engineers for Secure Energy, Inc. is being served upon the following by first class mail, postage prepaid on this 23rd day of January,1991:
Atomic Safety and Licensing Appeal Board Administrative Judge U.S. Nuclear Regulatory Commission Morton B. Margulies, Chairman Washington, D.C. 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Administra;!ve Judge Washington, D.C. 20555 Jerry R. Kline Atomic Safety and Licensing Board Administrative Judge U.S. Nuclear Regulatory Commission George A. Ferguson Washington, D.C. 20555 ASLBP 5307 'Al Jones Drive The Honorable Samuel J. Chilk Columbia Beach, Maryland 20764 The Secretary of the Commission Office of the Secretary Michael R. Deland, Chairman U.S. Nuclear Regulatory Commission Council on Environmental Quality Washington, D.C.-20555 Executive Office of the President-Washington, D.C. 20500 --
Edwin J. Reis, Esq.
Deputy Assistant General Counsel Carl R. Schenker, Jr., Esq.
for Reactor Licensing Counsel, Long Island Power Authority Mitzi A. Young, Esq.
O'Melveny & Myers Senior Supervisory Trial Attorney 55513th Street, N.W.
Office of the General Counsel Washington, D.C. 200N
'U.S. Nuclear Regulatory Commission
_ Washington, D.C. 20555
4 -
~2-Stephen A. Wakefield, Esq.
Donald P. Irwin, Esq.
General Counsel Hunton & Williams U.S. Department of Energy P.O. Box 1535 Washington, D.C. 20585 Richmond, Virginia 23212 Charles M. Pratt, Esq.
Samuel A. Cherniak, Esq.
Senior Vice President and NYS Department of law General Counsel -
Bureau of Consumer 22nd Floor _
Frauds and Protection Power Authority of State of New York 120 Broadway 1633 Broadway New York, New York 10271 New York, New York 10019 Stanley B. Klimberg, Esq.
Executive Director and General Counsel long Island Power Authority 200 Garden City Plaza Suite 201 Garden City, New York 11530
)
Jh3 A.4%
January 23,1991 w
James P. McGranery, Jr. g/enors
/
Cdunsel for Petitioner-Inter Shoreham Wading River Central School District and Scientists and Engineers-for Secure Energy, Inc.
4
_ _ _. _