ML20054F836

Confirmatory Order Lifting Interim Order Staying Fuel Shipment.Parties' Agreement on Security Concerns Re Fuel Shipment at 820609 Hearing Approved

ML20054F836
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/14/1982
From:	Brenner L Atomic Safety and Licensing Board Panel
To:
References
ISSUANCES-OL, NUDOCS 8206170375
Download: ML20054F836 (7)

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'Before Administrative Judges:

Lawrence Brenner, Chairman Dr. James H. Carpenter Dr. Peter A. Morris In the Matter of LONG ISLAND LIGHTING COMPANY Docket No. 50-322-0L-(Shoreham Nuclear Power Station ) June 14,1982 Unit 1) )

CONFIRMATORY ORDER LIFTING " INTERIM ORDER STAYING SHIPMENT OF FUEL" On May 20, 1982, this Board issued an interim order staying the shipment of fuel, pursuant to 10 CFR 52.717(b), in view of the apparent relevance of the material license to at least those contentions in this licensing proceeding relating to LILC0's Security Plan. The order was formally issued on May 24, 1982.

Since the end of May, the parties have been negotiating and in camera discussions have been held on this issue, both on and off the record.

As a result of these discussions, LILCO and Suffolk County reached an agreement on the security concerns of the County (Tr. 3391-3393). The Board stated on the record at that time that we approved the resolution arrived at i by the parties, and stated that we would lif t the stay if the Staff's review concluded that a lif ting of the stay on these terms would be acceptable.

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Subsequently, at an off the record meeting between the Board and counsel for all cognizant parties, the Staff informed us that it .has . reviewed the agreement and does not. object to its implementation. ~

Accordingly, as announced on the record on June 9,1982, the Board formally approved the' agreement among the parties and lifted its stay of fuel shipment in favor of that agreement:(Tr. 4031-4032).

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Copies of the cited transcript pages are attached.

IT IS SO ORDERED.

FOR THE ATCMIC SAFETY AND LICENSING BOARD

,. Chairman Lawrence Brenner ADMINISTRATIVE JUDGE Bethesda, Maryland June 14, 1982 4

13391

( 1 (6:00 p.m.)

2 JUDGE BBENNER: All right, let's go back on 3 the record. One miscellaneous matter; I am going to 4 direct that the parties meet for a settlement conference 5 or a conference leading to narrowing of the. issue of 6 passive mechanical valve failure, prior to the time the 7 contention comes up. And since it can come up in the 8 morning, that would mean prior to 9:00 a.m.

9 In light of that, we are going to start at to 9:00 rather than 8:30. -Let's go off the record.

11 (Discussion off the record.)

12 JUDGE BEFNNER All right, back on the 13 record. The Board has ,what I suppose is a combination 14 announcement and', more formally; further ruling with 15 respect to the Shoreham Part 70 license for the proposed 16 new fuel for Shoreham.

17 Suffolk County and LILCO have resolved the 18 county's concerns about new fuel at Shoreham. The 19 re solution involves additional security measures which 20 meet the county's concerns. The resolution is

, 21 acceptable to the Licensing Board, subject to final 22 review of the resolution by the NRC staff.

23 Accordingly, the Board vill lift its interim 24 stay of the new fuels shipment to Shoreham after final

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25 review by the NRC staff if the NRC staff agrees with the ALDERSoN REPORTING COMPANY, INC.

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400 VIRGINIA AVE S.W., WASHINGTON, D.C. 20024 (202) 554 2345

( 1 recolution. The timing of that shipment restins 2 indeterninant. No f urther comment will be made on the 3 details of the resolution of concerns except to. state 4 that the final paragraph of the agreement excuted on 5 June 3, 1982 by LILCO and Suffolk County reads as 6 follows:

• ~ 7 " Unacceptance of this resolution of 8 concerns..." -- go off the record.

9 (Discussion off the record.)

10 JUDGE BRENNER: "On acceptance of this 11 resolution of concerns by the Licensing Board, Suffolk 12 County withdraws its request for a hearing on Part 70 13 issues. Suff olk County also will not oppose Board 14 action to end the interis stay of the shipment of fuel 15 to Shoreham subject to the terms and conditions of this 16 resolution. LILCO asks that the Board end the interim 17 star Vithout prejudice to the county to request such a 18 stay in the event circumstances of the disagreement or 19 otherwise give the county just cause. Moreover, in the 20 event that either party believes the other has not 21 complied with this agreement, such party is free to seek 22 an appropriate remedy from the Board."

23 We add only the comment that we appreciate the 24 work of th e parties in resolving this matter in the 25 spirit contemplated by the Commission's. regulations for I

ALDERSON REPORTING COMPANY,INC, 400 VIRGINI A AVE., S W., WASHINGTCN, D.C. 20024 (202) 554 2345

3393 1 ccttlenent of concerns when there is opportunity f or 'the 2 parties to reach agreement.

3 7e will adjourn for the day. He will be back 4 at 9:00 o' clock tomorrow morning. -

5 (Whereupon, at 6 :18 p.m., the hearing in the 6 above-entitled matter was recessed, to reconvene at 9s00

- 7 a.m. the following day, Friday, June 4, 1982.)

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15 16 17 18 19 20 21 22 23 24 25 .

ALDERSON REPORTING COMPANY, INC, 400 VIRGINIA A' L S.W WASHINGioN D.C. 200:4 (202) 554 2345

0037 l 1 ascunino vc decide there is no reason for him to remain, 2 he is f ree to leave?

3 JUDGE BRENNER: Yes. Just in case that 4 -

4 happens, Mr. Kim, we thank you for your appearance here 5 today. We appreciate it.

6 All right, we are still in session but the

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7 pa nel is excused. You had better go before somebody 8 changes their mind.

9 (Laughter.)

10 The famous "one last question" syndrome.

11 All right. Last week on June 3, at transcript 12 pages 3391 to 93, we made our announcement and ruling 13 with respect to the Shoreham Part 70 license for the 14 proposed shipment of new fuel for Shoreham. At that 15 time, the Board approved the resolution arrived at by 16 the parties and we stated then that we would lift the 17 sta y if the staff 's review concluded that it was 18 acceptable to the staff for the stay to be lifted.

19 The staff has informed us off the record at a 20 meeting among the Board and counsel for all the 21 cognizant parties that it has completed its review of 22 the resolution and nov supports the lif ting of the sta y .

23 Accordingly, ve now lift the stay, and it is l in favor of -- or, if you vill, -- it is superseded by 24 25 the agreement as ve mentioned in our ruling last week.

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O ALDERSON REPORTING COMPANY, INC,

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That lifting is without.prcjudice to the county to come 1

2 to us for Certain requests for relief, if it deems it 3 necessary to do so.

I 4 What we will probably attempt to do is to, 5

rather than issue a formal separate order lifting the 6

stay, we will send out a confirmatory cover order,

- 7 enclosing the pertinent transcript pages which_would be 8 today and the transcript of last week, as well.

All right. Mr. Borfenick, you wanted to do 9

10 something off the record but in public?

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ALDERSON REPORTING COMPANY,INC, 400 VIRGINI A AVE., S.W., WASHINGTON, D.C. 20024 (202) $a4 2345