ML20039C695

Lists Motions Pending in Proceeding.Certificate of Svc Encl

ML20039C695
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	12/23/1981
From:	Reveley W HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:
References
NUDOCS 8112300051
Download: ML20039C695 (6)

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UNITED STATES OF AMERICA p D!

NUCLEAR REGULATORY COMMISSION N 0

RECEIVED t Before the Atomic Safe'ty and Licensing Board 6; DEC2 g iggt n. :7 numm emmam In the Matter of ) 8#,mamur a

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 /

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MATTERS PENDING FOR BOARD DECISION Following Monday's conference call between the Board and parties, it may be useful to list the various motions now pending in this proceeding. They are:

1. As to LILCO's Application for an Extension of Shoreham's CP The only pending matter is the Shoreham Opponents Coalition's request for a hearing on LILCO's CP-extension application and SOC's statement of pro-posed contentione. Involved are the following plead-ings:

(1) Shoreham Opponents Coalition's Statement of Contentions pursuant to 10 CFR Section 2.714, with Respect to the Application for a Construction Permit Extension and Motion Pursuant to 10 CFR Section 2.714 to Supplement Contentions with Respect to the Application for an Operating License, dated September 24, 1981; (2) Applicant's Reply to SOC's Statement of Contentions for'a Construction Permit Extension Hearing, dated O p 8[

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i October 15, 1981; and (3) NRC Staff Response to Shoreham Opponents Coalition's Statement of Contentions for Construction Permit Extension Proceeding and Motion to Add Late Contentions to the Operating License. Proceeding, dated October 15, 1981. '

2. As to LILCO's Application for a Shoreham OL There are several pending matters:

a. The Applicant's request that-a schedule leading to OL hearings be set --

See (1) Applicant's Motion that a Hearing Schedule Be Set, dated October 6, 1981; (2) Response of Shoreham Opponents Coalition to Applicant's Motion that a Hearing Schedule Be Set, dated October 21, 1981; (3) Suffolk County's Response to the Applicant's Motion that a Hearing Schedule Be Set, dated October 21, 1981; (4) NRC. Staff Response to Applicant's Motion that a Hearing Schedule be Set, dated October 26, 1981; (5) Board Telegram of November 6, 1981; (6) NRC Staff's Status Report on Open SSER Items, dated November 24, 1981; (7)

Suffolk County Telegram of November 24, 1981; (8)

LILCO Supplement to Recent Status Reports of the Cointy and Staff, dated November 30, 1981; (9)

Further LILCO Supplement'to the Recent Status Reports of the-County and Staff, dated December _9, 1981; and (10) Suffolk County Letter of December 11, 1981.

l b. The Applicant's, Staff's and SOC's request for ap-l l proval of a stipulation finalizing most of SOC's con-tentions --

See Motion for Acceptance of a Stipulation Regarding SCC Contentions 3, 6(a)(1), 7(a)(ii), 8, 9, 12 (Part 3), 15, 16, 17 and 19, dated December 2, 1981.

I c. These parties' request for approval of a I

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stipulation conditionally resolving SOC Contention 12

(Part 2) --

See (1) page 3 of Motion for Approval of Stipulation Regarding SOC's Pending Discovery Requests, Applicant's Motions for Summary

Disposition, SOC's TMI Contention and SOC's Motion for Reconsideration,. dated August 6, 1981; and (2)

Board Order, dated August 10, 1981.

d. These parties' request for a ruling on the Applicant's summary disposition motions regarding SOC's Contentions 1 and 2 1#

4 See (1) LILCO Motion for Summary Disposition of SOC-Contention 1, dated July 13, 1981; (2) LILCO Motion l

for Summary Disposition of SOC Contention 2, dated July 13, 1981; (3) NRC Staff Response Supporting Applicant's Motion for Summary Disposition of SOC Contentions 1 and 2, dated September 18, 1981; and (4) Response of Shoreham Opponents' Coalition in Opposition to Applicant's Motion for Summary Disposition of COC Contentions 1 and 2, dated November 2, 1981,

e. These parties' request for a ruling on the Applicant's and Staff's objections to the litigability of-proposed SOC Contentions 7.B.(1) to (4) --

See (1) NRC Staff Opposition to Intervenor SOC's Proposed Contention 7B, dated December 16, 1981; and (2) LILCO Opposition to SOC Contention 7.B, dated December 18, 1981.

1/ On July 13, 1981, the Applicant filed motions for summary disposition of SOC Contentions 1-3, 6(a)(i) and 12 (Part 2). ~

The motions concerning C(ntentions 1 and 2 remain pending for decision, as just indicated. The motions concerning Contentions 3 and 12 (Part 2) have been withdrawn. The motion concerning Contention 6(a)(1) is in abeyance pending SOC's de-cision whether or not it wishes to pursue that contention.

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So far as we know, there are no other matters now pend-ing before the Board. If other parties know of additional mat-ters, they will doubtless so indicate.

Respectfully submitted, LONG ISLAND LIGHTING COMPANY-1 W. Taflor Reveley, III

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i Hunton & Williams Post Office Box 1535 Richmond, Virginia 23212 DATED: December 23, 1981 f

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00'yIl;f In the Matter of .gg DEC 29 pg2.0B LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1) , - Pik Docket No. 50-322 0FGh%gg;,MCBn bM",

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CERTIFICATE OF SERVICE I hereby certify that copies of MATTERS PENDING FOR BOARD DECISION, was served upon the following by first-class mail, postage prepaid, on December 23, 1981:

Louis J. Carter Jeffrey C. Cohen, Esq.

Administrative Judge New York State Energy Office 23 Wiltshire Road Swan Street Building, Core 1 Philadelphia, PA 19153 Empire State Plaza Albany, New York 12223 Dr. James L. Carpenter Mr. Jay Dunkleberger Administrative Judge New York State Energy Office Atomic Safety and Licensing Agency Building 2 Board Panel Empire State Plaza U.S. Nuclear Regulatory Albany, New York 11801 Commission Washington, D.C. 20555 Howard L. Blau, Esq.

217 Newbridge Road Mr. Frederick J. Shon Hicksville, New York 11801 Administrative Judge Atomic Safety and Licensing Ralph Shapiro, Esq.

Board Panel Cammer and Shapiro, P.C.

U. S. Nuclear Regulatory 9 East 40th Street Commission New York, New York 10016 Washington, D.C. 20555 David J. Gilmartin, Esq.,

Secretary of the Commission Attn: Patricia A. Dempsey, Esq.

U. S. Nuclear Regulatory County Attorney l Commission Suffolk County Department of Law Washington, D.C. 20555 Veterans Memorial Highway Hauppauge, New York 11787 Atomic Safety and Licensing Appeal Board Panel Mr. Mark W. Goldsmith U. S. Nuclear Regulatory Energy Research Group, Inc.

Commission 400-1 Totten Pond Road Washington, D.C. 20555 Waltham, Massachusetts 02154

Atomic Safety and Licensing Bernard M. Bordenick, Esq.

Board Panel U. S. Nuclear Regulatory U. S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 '

Washington, D.C. 20555 Stephen B. Latham, Esq. MHB Technical Associates Twomey, Latham & Schmitt 1723 Hamilton Avenue 33 West Second Street Suite K P. O. Box 398 San Jose, California 95125 Riverhead, New York 11901 T

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f W. Tdy ' Reveley, III Hunton & Williams P. O. Box 1535 Richmond, Virginia 23212 DATED: December 23, 1981

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