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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
[Table view] |
Text
g5C6d DOCKQED ustm 9
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- $N 8 UNITED STATES OF AMERICA g a NUCLEAR REGULATORY COMMISSION '82 JM -4 PS:06
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BRMICH In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 (OL)
)
(Shoreham Nuclear Power Station,)
Unit 1) )
MEMORANDUM OF SHOREHAM OPPONENTS COALITION (SOC) IN SUPPORT OF SOC CONTENTION 7B I. Background In its original Petition to Intervene in Docket No. 50-322 (dated January 24, 1980), SOC submitted twenty ( 20 ) proposed contentions. Contention 7a(ii) referenced " Additional generic issues identified in 1979 including those identified as a result of the TMI-2 accident" (SOC Petition at p. 42). In its Order dated March 5, 1980, the Board permitted SOC to particularize Contention 7a(ii). SOC's responses was submitted on June 6, 1980, although final particularization of SOC's TMI contention has had to await the evolution of the Commission's policy concerning litigation of TMI issues in individual licensing proceedings.
In the aftermath of the accident at TMI Unit 2, a number of investigations of its causes and implications were undertaken, most notably the work of the President's Commission on the p6
&of cl I
8201060606 811231' PDR ADOCK 05000322 C PDR
Accident at Three Mile Island ~1/
and that of the NRC's Special
' Inquiry Group.~2/ These investigations found deep and pervasive flaws-in the process by which nuclear power is licensed and regulated:
To prevent nuclear accidents as serious as Three Mile Island, fundamental changes will be necessary in the organization, procedures, and practices--and above all--in the attitudes of the Nuclear Regulatory Commission and, to the extent tha t the institutions we investigated are typical, of the nuclear industry.3/
These investigations made' recommendations as to some of the changes required, both in the organization and. functioning of the NRC and on specific and more narrow issues'related to reactor design, emergency preparedness, operating training, plant siting and others. The NRC directed its staff to develop a plan to correct or improve the regulation and operation of nuclear facilities based on the experience from the accident at TMI-2 and the official studies and investigations of the accident. This
~
activity culminated in the development of a document entitled "NRC Action Plans Developed as a Result of the TMI-2 Accident."4/
~1/ Report of the President's Commission on the Accident at Three Mile Island, "The Need for Change: The Legacy of TMI,"
(Hereinafter "Kemeny Commission").
-2/ U.S. NRC Special Inquiry Group, "Three Mile Island: A Report to the Commissioners and to the Public," (hereinafter "Special' Inquiry Group").
3/ Report of Kemeny Commission, Id., p. 7.
4/ NRC Action Plans Developed as a Result of the TMI-2 Accident, NUREG-0660 (hereinafter " Action Plan").
The- Action Plan identified a large number of' safety pr,oblems requiring resolution by the NRC and the industry. In some cases, it mandated a particular change in plant design or operation and a schedule for implementation of this change in current pending applications. For example, specific improvements in the content of operator training and procedures were mandated.~5/ In other cases, particularly with respect to the more complex and technically difficult questions, the Action Plan called for future studies and/or future rulemaking proceedings. One example in this category is the need to provide protection against hydrogen
. 6]
explosions.
The Commission also directed its staff to consider 'which of the TMI-related safety improvements contained in the Action Plan should be required as a condition to granting approval of 'pending operating license applications. This resulted in the development of another, much shorter document entitled "TMI-Related Requirements for New Operating Licenses," NUREG-0694, June 1980 (hereinafter ""NUREG-0694"). NUREG-0694 essentially excerpted those portions of the Action Plan which, in the judgment of the NRC Staf f, were appropriate to require for new licenses ~y, The NRC did not solicit comment on the substance of NUREG-0694 nor attempt to comply with the procedures - for agency rulemaking contained in 5 U.S.C. Section 553.
i.
5/ Action Plan, p. 4.
6/ Id., p. 5.
7/ NUREG-0694, pp. 4-10.
On June 16, 1980, the NRC issued its " Policy Statement" on the TMI-2 ' accident , by a vote of 3-2.~8/ It described the process of development of both the Action Plan and NUREG-0694 and " concluded" that the list of requirements for new operating licenses ' contained in NUREG-0694 "is necessary and suf ficient ' for responding to the TMI-2 accident."-9/ The Commission went on to prescribe an unprecedented procedure for grafting NUREG-0694 on to - ongoing adjudicatory proceedings for operating licenses; it directed that, as to those of the new requirements which " supplement the existing-regulations," parties to adjudicatory proceedings would be permitted to ~ challenge their necessity, but no party would be .
. permitted to introduce evidence or make any argument to show that
~
the requirements did not go far enough to protect safety or were 10/
insufficient in any way.
Thus, in effect, the Policy Statement established a new set of substantive safety-related requirements for nuclear plant adjudicatory proceedings only by those who wished to show that they were too strict. Those who wished to show that they were not strict enough were foreclosed. Commissioner Bradford stated:
"Further Commission Guidance for Power Reactor Operating
-8/
l Licenses; Statement of Policy" 45 F.R. 41738'et. seq.
(hereinaf ter " Policy Statement") .
9/ Policy Statement, p. 5.
. _10f d Id., p. 7.
l
[ A} s a result of the Commission's actions, . the only group that will be permitted to contest the questions at issue here will be the industry. Thus, those who have had the greatest say in shaping the Action Plan will now be able to challenge .its require-ments further, while those who have had no say in shaping it.will be foreclosed from challenging the very requirements that they have had no opportunity to comment on.11/
In case the point were not clear enough, the Commission forbade its Licensing Boards from inquiring into these issues sua 12/
sponte,-- instructed its staf f to utilize summary judgment procedures to the maximum extent to dispose of TMI-related safety 13/
contentions,-- and ordered " strict adherence" to timeliness rules to prevent the interjection of new .TMI-related safety -
. contentions into ongoing licensing proceedings.--14/-
On July 25, 1980, the Union of-Concerned Scientists and the Shoreham Opponents Coalition, filed with the NRC a " Request for Stay of Effectiveness of Commission Statement of Policy on Further i
Commission Guidance for Power Reactor Operating Licenses Dated
< June 16, 1980."--15/ On August 14, 1980, SOC, UCS and other 11/ Id., Dissenting Views of' Commission Bradford, p. 2.
J l 12/ The Atomic Safety and Licensing Boards established by the Commission to preside over its adjudicatory proceedings are authorized to consider and resolve serious safety, environ-mental, or common defense and security questions even if such questions have not been raised by any of ' the parties to the proceedings. See la CPR 2.760(a); Pacific Gas & Electric Co.
(Diablo Canyong Nuclear Plant, Units 1 &.2), ALAB-560, 11 NRC 227, 230 (1980).
13/ Id., p. 8.
j 14/ Id.
--15/ After 3-1/2 months, this request was denied by a' 2-2 vote of the' Commission on November 3, 1980.
i
" _ _ _ _.:- -_A- _
affected parties filed a " Petition for Review" of the Commission's '
Policy Statement with the United States Court of Appeals, D.C.
Circuit (Docket No. 00-1962).
NUREG-0694 was superseded by NUREG-0737, " Clarification of TMI Action Plan Requirements," adopted by the Commission on
~
October 28, 1980 by a 4-0 vote. As noted in a Commission Memorandum and Order dated December 18, 1980, (hereinafter
" Revised Policy Statement),
NUREG-0737 makes numerous significant changes in'NUREG-0694.
In some instances, the requirements in NUREG-0694 are made more flexible, especially as to implementation schedules. In some instances, the requirements in NUREG-0694_ are made more strict. In addition, NUREG-0737 adds new requirements, taken from previously issued Bulletins and Orders, which were not part of NUREG-0694.
The Commission's approval of NUREG-0737 requires tha t "
some changes be made in the previously adopted Statenent of Policy. Moreover, the Commission has now had morec time to reflect upon the distinction between ;
interpretive and supplementary requirements, as originally set forth in NUREG-0694 and as modified in .
NUREG-0737, and believes tha t the number of supplementary requirements may be quite small. For these reasons , the Commission has decided- that the Statement of Policy should be amended as . set forth im ,
the Appendix to this Memorandum and Order.
The December 18, 1980 " Revised Policy Statement" altered the June 16, 1980 Policy Statement in two material respects:
- l. The authority of the Atomic Safety and_ Licensing and Appeals' Boards to raise issues sua sponte was exten'ded to i~ ~
both categories of TMI requirements--those that supplemented existing regulations as well as those that merely interpret '
or_ refine existing regulations;
- 2. Intervenors were given the right to challenge the suf ficiency of the second category of TMI issues--those' tha t '
~
supplement existing regulations (see Commission Memorandum-and Order, CLI80-42, December 18, 1980, at pp. 7-8). ;
Since the December 18, 1980 revised Statement of Policy, the Commission has issued a Proposed Rule on TMI requirements (May 7, 1981) in an effort to incorporate the NUREG-0737, and ultimately all or part of the remaining NUREG-0660 items, into 10 CFR Part 50 of the Commission's regulations. The Proposed Rule does not alter the applicability of the NUREG-0737 requirements to the Shoreham licensing proceeding and the Commission ' has indicated tha t it will be augmenting the rule in the future with additional NUREG-0660 i'tems (see Proposed Rule at pp. 5-6). The comment period on the Proposed Rule ended on August 12, 1981 and to SOC's knowledge, th e Commission has not taken further formal action on the Proposed Rule since that date.
II. ARGUMENT In~ the more than two and one-half years since the accident at TMI Unit 2, the Commission and Staf f have generated a seemingly l-endless volume of Orders, technical studies, new licensing
- requirements and modifications to all of the above . On the surface, the ef fort appears credible, but on closer examination, the actual thrust and impact is quite to the contrary. In the f ace of the most serious reactor accident in commercial nuclear U' ^
history, the Commission has arbitrarily divined a new set of safety requirements while systemically excluding the concerned
'/ public from the decision-making process. In view of the virtual
~
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-unanimous condemnation of the NRC's regulatory performance pr i or
, to the TMI acci' dent, the . Commiss ion 's " resolution" of.TMI-related safety issues is beyond rational comprehension.
, : 21-qq. .,.
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Through the vehicle of the initial and revised Policy
- 4 Statements, the Commission has established a new set of substantive safety requirements which the Commission alleges are "necessary and sufficient for responding to the TMI-II accident".
Without_ resort to formal rulemaking or adjudication, the Commission has arbitrarily extracted certain items from NURE.G-0660 J
f and imposed them as " requirements" for all prospective operating [
licensees. The balance of the NUREG-0660 issues remain in i
, regulatory and administrative limbo.
m
' There is little question, in spite of. the delicate and of ten fi
~ tortured; language and logic employed by the Commission in its 'M V3
~
E
, various policy' statements and orders, that the.NUREG-0737 E:
_ / requirements, particularly those which " supplement" existing g regulations constitute new regulations. While these new E
L t=
H - 9l reguiations can be challenged as unnecessary by the industry they fi y
are binding. upon those who, like SOC, wish to contest the adequacy 55 of the requirements themselves . Like it or not, the new is E..E requirements have been established by the Commission as the
{e,
' maximum required for safety.
[
In basic terms, the Commission's attempt to insulate from q""
public sprutiny the regulatory repercussions of the TMI-2 accident 5
y is;directly at odds with an intervenor's right to due process. 1:
Along with virtually all other administrative agencies, the 55S Commission has ' two methods by which it can establish binding
' 5 m=~n precedent: _by#rulemaking or by adjudication. Minnesota v. 50 N.R.C., 195_U.S.-App. t.,. 2..
D.C. 234, 602 P.2d 412, 416-417 (1979). ME T^
51
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Whether the Commission opts for rulemaking or adjudication, intervenors are guaranteed a right to be heard under the Federal Administrative Procedure Act. (See 5 U.S.C. Sections 553, 556, and 557). The Commission may not lawfully use the vehicle of a Policy Statement to promulgate substantive rules , thereby denying the public its right of participation. Pacific Gas and Electric Co. v. F.P.C., 164 U.S. App. D.C. 371, 506 F.2d 33 (1974). It is also clear that the legal status of the various Policy Statements is to be judged by their ef fects, not by the labels which the Commission might choose to attach to them. Columbia Broadcastina System v. U.S., 316 U.S. 407, 416, 62 S.Ct. 1194 (1942); See also Pacific Gas and Electric Co. v. F.P.C., cited above.
By arbitrarily establishing a new scope of safety requirements and by denying the public its right to participate in that decision as guaranteed by the Administrative Procedure Act and applicable case law, the Commission has severely abridged the rights of intervenors such as Soc. SOC has been effectively prohibited from raising certain critical safety issues identified by the TMI-2 accident and acknowledged by the NRC itself - such as through the publication of NUREG-0660 for example. The Commission's various Statements of Policy and the limitation of
.new requirements to those included in NUREG-0737 is an attempt a t rulemaking on an ex parte basis.
It has been widely acknowledged that throughout the development of NUREG-0660 and NUREG-0737, the industry has had significant and coatinuous input into the Commission's decision-making process. In a number of instances, the Atomic Industrial Forum-(AIF) urged the Commission to reduce the number of new requirements and stretch out-schedules for implementation. In response to the AIF presentations, the NRC Staf f reconsidered a number of ' items in the Action Plan and made extensive revisions to 16f it.
Thus, the applicant in the Shoreham Licensing Proceeding has had, directly, or through its agents, repeated opportunities to influence the scope of the new regulatory requirements derived from the TMI-2 accident. Intervenors such as SOC have had no similar opportunity to expand the scope to ~ meet ' the requirements of protecting public health and safety.
SOC believes tha t the Licensing Board in Docket No. 50-322 has a number of methods by which it can hear and resolve the issues identified in the four parts of SOC Contention 7B. For example, pursuant to 10 CFR 2.760(a), the Board can zraise or adopt safety issues of its own and can require the parties to present testimony on those issues. Ironically,' had the Commission not effectively suspended the licensing process in the wake of the TMI-2 accident, a number of the issues which SOC seeks to litigate in Contention 7B would have been ripe for litigation as Board
~~16/ See NUREG-0660, vol. 2, pp. 158-177, " Comparison of the TMI Action Plan with the Report to the AIF Policy Committee on Follow Up to the Three Mile Accident by the Working Group on Action Plan Priorities and Resources".
}
e questions in Docket 50-322 without having to overcome the questionable impediment of the Policy Statements.
SOC also believes tha t the Board could require litigation of the issues raised in SOC Contention 7B on the same basis as it has permitted the litigation of Regulatory Guides in this proceeding.
As the Board is undoubtedly aware, Regulatory Guides are challengable in adjudicatory proceedings even though they are not regulations. Cite Gulf States Utilities Co., (River Bend Station, Units 1 and 2), ALAB-44, 6 NRC 760, 772-73 (1977). SOC believes
- that the Board should extend the same treatment to non-NUREG-0737 issues in the Shoreham proceeding.
Neither of the above two options affords SOC the full adjudicatory rights to which it is entitled under the Administrative Procedure Act and the Atomic Energy' Act - to raise and litigate safety issues important to public health and safety.
To SOC's knowledge, an intervenor's right to challenge non-NUREG-0.737 issuc s in ongoing licensing proceedings has not been decided by the Commission, and that question must be squarely posed for a Commission determination. SOC urges the Board to do so in this proceeding so that the conflict over the Commission's Policy Statement can be finally resolved.
+ i
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~
- l CONCLUSION "1
III. ,
LContrary to the fears of the Commission (See Policy l Statement, p. 7), SOC has set forth only four'non-NUREG-0737 items a to be litigated in the Shoreham proceeding. The critical
. importance of those four issues for Shoreham has been set forth .in ,
the Contentions themselves. !
~
SOC urges the Board to admit each of the four subparts contained in Soc's Contention 7B for litigation in this proceeding or .in the alternative, to certify those issues as Board questions or to admit then far litigation on the same basis as Regulatory Guides.
Respectfully submitted, Stephen B. Latham Twomey, Latham & Shea Counsel for Shoreham opponents Coalition 33 West Second Street y P.O. Box 398 Riverhead, New York 11901 i
l Dated: December 31, 1981 Riverhead, New York i
1 I'
- CCLKETCP U'illRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'82 JM -4 P 5 :06 BEFORE THE ATOMIC SAFETY AND LICENSING _B.OARD w , . .. J SE CRE TA 00CKEil!!G & SEHv:C-In the Matter of ) BRANCH
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 (OL)
)
(Shoreham Nuclear Power Station,)
Unit 1) )
. .; CERTIFICATE OF SERVICE. _. ,
I hereby certify that copies of " Memorandum of Shoreham Opponents Coalition (SOC) in Support of SOC Contention 7B" dated December 31, 1981, submitted by the Shoreham Opponents Coalition, in the above captioned proceeding, have been served on the following, by deposit in the United States mail, first class, this 31st day of
. December, 1981:
Louis J. Carter, Chairman Ralph Shapiro, Esq.
Administrative Judge Cammer and Shapiro 23 Wiltshire Road No. 9 East 40th Street Philadelphia, Pa. 19151 New York, N.Y. 10016 Mr. Frederick J. Shon, Member W. Taylor Reveley, III, Esq.
Atomic Safety & Licensing Board Huntori & Williams U.S. Nuclear Regulatory Comm. P.O. Box 1535 Washing ton , D.C. 20555 Richmond, Va. 23212 Dr. James L. Carpenter, Member Jeffrey Cohen, Esq.
Atomic Safety & Licensing Board Deputy Commissioner & Counsel U.S. Nuclear Regulatory Comm. New York State Energy Office Washington, D.C. 20555 Agency Bldg. 2 Empire State Plaza Edward M. Barrett, Esq. Albany, N.Y. 12223 General Counsel Long Island Lighting Co. Atomic Safety & Licensing 250 Old Country Road Appeal Board Mineola, N.Y. 11501 U.S. Nuclear Regulatory Comm.
Washing ton, D.C. 20555 Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comm. Samuel J. Chilk, Secretary Washington, D.C. 20555 Docketing and Service Station U.S. Nuclear Regulatory Comm.
Howard L. Blau, Esq. Washing ton, D.C. 20555 217 Newbridge Road
, Hicksville, N.Y. 11801
David J. Gilmartin, Esq. J.P. Novarro Suffolk County Attorney Project Manager, LILCO Suffolk Co. Dept..of Law P.O. Box 618 Veterans Memorial Highway. Wading River, N.Y. 11792 Hauppauge, N.Y. 11787 Energy Research Group, Inc.
Patricia Dempsey, Esq. 400-1 Totten Pond Road Asst. County Attorney Waltham, Mass. 02154 Suffolk Co. Dept. of Law
. Veterans Memorial Highway Bernard M.'Bordenick
- Hauppauge, N.Y.. 11787 Counsel for NRC Staff.
U.S. Nuclear Regulatory Comm.
MHB. Technical' Associates Washing ton , D.C. 20555 1723 Hamilton Avenue
- Suite K Nora Bredes San Jose, Ca. 95125 SOC Coordinator 195 E. Main Street Jeffrey L. Futter Smithtown, N.Y. 11787 Long Island Lighting Co.
250 Old Country Road Mineola, N.Y. 11501 Ql tan.y I . .? u -
Stephen /B. Latham I
f h _ _ _ _ _ . _ _ _ _ . _ _ . _ _ _ _ . _ _ _ ____._________._____.________._____m._ _ . _ _ _ _ . _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ . - _ _ _ _ _ _ . _ _ . _ _-_. . . _ _ _ . _ _ _ . _ _ _ _ _ . _ . _ _ _ _ . _ . _ _ _ - .