ML20057G214
| ML20057G214 | |
| Person / Time | |
|---|---|
| Site: | Limerick, Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 10/14/1993 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | NEW JERSEY, STATE OF, NRC OFFICE OF THE GENERAL COUNSEL (OGC), PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| References | |
| CON-#493-14375 MISC-93-01, MISC-93-1, NUDOCS 9310210046 | |
| Download: ML20057G214 (4) | |
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/qM5 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 33 Z~ hi U S 25!
In the Matter of STATE OF NEW JERSEY Docket No. Misc. 93-01 Department of Law and Public Safety's Requests, dated October 8, 1993.
JiERVED 0GT 141993 ORDER The State of New Jersey Department of Law and Public Safety
(" State of New Jersey" or " State") lodged with the Secretary of the Nuclear Regulatory Commission and with the Executive Director of Operations a document captioned as follows:
RE:
A REQUEST FOR IMMEDIATE ACTION BY THE NUCLEAR REGULATORY COMMISSION, OR ALTERNATIVELY, A PETITION FOR LEAVE TO INTERVENE, AND REQUEST FOR A HEARING PHILADELPHIA ELECTRIC COMPANY, DOCKET NOS. 50-352 AND 50-353, LIMERICK GENERATING STATION, UNITS 1 AND 2, MONTGOMERY COUNTY, PENNSYLVANIA LONG ISLAND POWER AUTHORITY, DOCKET NO. 50-322, SHOREHAM NUCLEAR POWER STATION, SUFFOLI' COUNTY, NEW YORK and dated October 8, 1993 (New Jersey's filing).
The request in New Jersey's filing for immediate action invoked our procedures under 10 C.F.R.
S 2.206, and the request is currently under review by the Director of the cognizant NRC
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office.
9310210046 931014 PDR ADOCK 05000322 O
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With respect to the State's alternative request, characterized as a petition to intervene and request for'a hearing, it appears that the state believes it "has good cause"
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to be granted late intervention and a hearing on Philadelphia Electric Conpany's (PECO's) license anendment allowing it to receive and possess Shoreham's fuel (New Jersey's filing at 44) and that the Commission erred in not offering intervention and a hearing on Long Island Power Authority's (LIPA's) " transfer.and transportation of the [Shoreham) fuel."
Id. at 46.
In this light, the Commission requests answers to two questions:
l (1) Whether at this time either matter referenced by the State gives rise to any hearing right under Section 189 of the Atomic Energy Act?
and, if so, (2) Based on the State's October 8, 1993 j
r submittal, does New Jersey meet the applicable standards for intervention under 10 C.F.R. S 2.7147 In the interests of expedition the Commission is asking for simultaneous responses, not to exceed 10 pages to be filed by the State, PECO and LIPA and served on the other specified responders
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by 4 p.m Wednesday, October 20.
NRC staff may file by noon Friday, October 22.
Any responder who wishes may file a brief reply, not to exceed 5 pages, by noon, Tuesday, October 26.
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- other responses will be permitted.
All filinas are to be faxed or hand-dal.htered. (Fax 301-504-1672).
o For the Commission, rsifs s
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. CHILK 'N
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p SAMLyL J Secretary bf the Commissron Dated a gockville, Maryland this I
day of October, 1993 i
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter ~of STATE OF NEW JERSEY Docket No.(s) MISC. 93-01 (Department of Law and Public Safety's Requests)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMMISSION ORDER DTD 10/14/93 have been served upon.the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
- Thomas A. Borden, Esq.
- Lawrence J. Chandler, Esq.
Deputy Attorney General Office of the General Counsel New Jersey Department of Environmental U.S. Nuclear Regulatory Commission Protection and Energy Washington, DC 20555 Richard J. Hughes Justice Complex Trenton, NJ 08625
- Robert Rader, Esq.
- Lawrence C. Lanpher, Esq.
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Kirkpatrick & Lockhart Winston & Strawn 1800 M Street, NW, South Lobby, 9th Fl. 1400 L Street, N.W.
Washington, DC 20036 Washington, DC 20005 i
Dated at Rockville, Md. this 14 day of October 1993
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'7\\ 'il r fp (Lc' Office of'the Secretary of the Commission
- RAND DELIVERED
- FAXED
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