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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20151L5181997-08-0505 August 1997 Order Prohibiting Involvement in NRC Licensed Activities (Effective Immediately) Re SL Nevin Deliberately Falsifying Records of RECW Sample Documentation on 960207 ML20151L3671997-08-0505 August 1997 Order Prohibiting Involvement in NRC Licensed Activities (Effective Immediately).Orders That SA Blacklock Prohibited from Engaging in Activities Licensed by NRC for 5 Yrs from Date of Order ML20203H6891997-06-0202 June 1997 Transcript of 970602 Enforcement Conference in King of Prussia,Pa ML20093G4541995-10-18018 October 1995 Comment Supporting Proposed Rules 10CFR2,50 & 51 Re Decommissioning Procedures for Nuclear Power Reactors ML20083N3971995-04-26026 April 1995 Comment Supporting Proposed GL, Pressure Locking & Thermal Binding of Safety-Related Power-Operated Gate Valves ML20081B3811995-03-0101 March 1995 Comment Supporting Proposed Suppl 5 to GL 88-20, IPEEE for Severe Accident Vulnerabilities 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 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 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 ML20045D8121993-06-14014 June 1993 Comment Supporting Proposed Rules 10CFR50 & 54 Re FSAR Update Submittals. ML20126F2721992-12-21021 December 1992 Comment Endorsing Positions & Comments of NUMARC & BWROG Re Draft GL, Augmented Inservice Insp Requirments for Mark I & Mark II Steel Containments,Refueling Cavities & Associated Drainage Sys 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 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 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 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 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 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 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 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 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 1997-08-05
[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 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 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 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 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 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 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 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 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 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 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 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 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 ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* 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 ML20082G8971991-08-0909 August 1991 Lilco Responses to Petitioner Filings of 910805 & 06.* 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 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 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 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 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 1993-10-08
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMhilSSION 93 0G ' 22 Pi2 :33 !
4 BEFORE THE COMMISSION
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In the Matter of ;
) ,
) 1 STATE OF NEW JERSEY ) Docket No. Misc. 93-01 ,
)
(Department of Law and Public )
Safety's Requests) )
NRC STAFF RESPONSE TO COMMISSION QUESTIONS POSED i WITH RESPECT TO STATE OF NEW JERSEY'S PETITION FOR LEAVE TO INTERVENE AND REQUEST FOR HEARING 4
1 Edwin J. Reis Deputy Assistant General Counsel i for Reactor Licensing Ann P. Hodgdon ;
I Counsel for NRC Staff t
October 22,1993 i 93102g0009 931o22 PDR ADOCK 0500o322 g l gi o PDR g
October 22,1993 UNITED STATES OF AhERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION i In the Matter of )
)
STATE OF NEW JERSEY ) Docket No. Misc. 93-01
)
(Department of Law and Public )
Safety's Requests) )
NRC STAFF RESPONSE TO COMMISSION QUESTIONS POSED
- WITH RESPECT TO STATE OF NEW JERSEY'S PETITION FOR LEAVE TO INTERVENE AND REOUEST FOR HEARING INTRODUCTION On October 8,1993, the State of New Jersey Department of Law and Public Safety (Petitioner) filed a request for immediate action pursumt to 10 C.F.R. I 2.206, or, alternatively, a petition for leave to intervene and regtest for a hearing pursuant to 10 C.F.R. f 2.714, regarding an amendment issued to Philadelphia Electric Company ,
(PECo) for the Limerick Generating Station, Units 1 and 2, to receive fuel from Long Island Power Authority's (LIPA) Shoreham Nuclear Power Station and LIPA's transportation and transfer of that fuel to PECo. Pursuant to the Commission's Order of October 14, 1993, the NRC Staff hereby responds to the questions posed by the Commission, at 2, with regard to whether matters raised by the Petitioner give rise to hearing rights under Section 189 of the Atomic Energy Act at this time and whether the Petitioner meets the applicable standards for intervention in 10 C.F.R f 2.714.
. i
BACKGROUND This matter involves the shipment to the Limerick Generating Station of 560 fuel assemblies that were slightly irradiated by operation at low power for testing purposes in the Shoreham Nuclear Power Station. See PECo's Operating License Change Request, March 8,1993. Previously, on June 14,1991, a possession only license w2s issued to LIPA providing that it may possess but not operate the Shoreham facility. 56 Fed.
Reg. 28424. On June 6,1992, the NRC issued an Order approving the Decommissioning Plan for the Shoreham facility. The Order provided, inter alla, for the fuel to be removed from the site as part of the decommissioning process. 57 Fed. Reg. 27078, 27079.
On March 31, 1993, the Commission published a Notice of Consideration of Issuance of Amendments to the Limerick licenses to allow the receipt and possession of special nuclear material contained in the fuel assemblies and fuel channels from Shoreham. 58 Fed. Reg. 16851, 16867-68. Any person whose interest might be affected I
by this proceeding and who wished to intervene as a party was given an opportunity to file a written request for a hearing and a petition for leave to intervene by April 30, 1993. 58 Fed. Reg.16852. On May 18,1993, the Commission published an Environmental Assessment and Finding of No Significant Impact with regard to PECo's proposal. 58 Fed. Reg. 29010. No petitions for intervention were filed regarding PECo's requested license amendments and the subject amendments were issued on June 23,1993. 58 Fed. Reg. 36449, 36451 (July 7,1993). ;
l i
In late May or early June 1993, the Petitioner was informed that the fuel shipments would probably be made by barge along the New Jersey Atlantic coast and into -
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the Delaware Bay for transshipment by rail to the Limerick plant. Affidavit of Jan H.
Freeman on behalf of PECo, dated September 24,1993, at 1, annexed to Philadelphia Electric Company's Response to Commission's October 14,1993 Order. Thereafter, on June 22,1993, a meeting was held in Petitioner's offices between Petitioner, PECo, LIPA and the Coast Guard to discuss these shipments and the route. Id. at 2; Affidavit of Brant Aidikoff on behalf of LIPA, dated September 27,1993, at 1, filed by LIPA in District Court litigation (see note 1, irlfra).
On September 21,1993, the State of New Jersey sought a temporary restraining order in U.S. District Court to prevent the subject fuel shipments. On September 22, 1993, the court denied the State's application and on October 12, 1993, dismissed the State's request for a preliminary injunction of these shipments.' On October 21,1993, the U.S. Court of Appeals denied the injunction pending appeal. The fuel shipments had commenced on September 24,1993. Petition at 2.
As stated above, the State of New Jersey filed before the Commission on October 8,1993.
i f
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' Scc State of New Jersey v. Long Island Pouer Awhority, Civ. No. 93-4269 (GEB), U.S.
Dist. Ct., Dist. of New Jersey.
DISCUSSION ,
A. Neither PECo's amendment allowing it to possess and use Shoreham fuel nor the ;
transfer and transportation of the Shoreham fuel give rise to any hearing right at '
this time under Section 189 of the Atomic Energy Act.
Section 189a(1) of the Atomic Energy Act, 42 U.S.C. I 2239(a)(1), as here material, provides:
In any proceeding under this Act, for the granting, suspending, revoking, or amending of any license or construction permit, or application to transfer control, . . . the Commission shall grant a hearing upon the request of any person whose interest may be affected by the proceeding, ;
and shall admit any such person as a party to such proceeding. ;
Under this section hearing rights anse only when a proceeding is pending. Where a license proceeding for an action listed in section 189 was never initiated or where the license proceeding has been terminated by the grant of the permission sought, there is no right to intervene or to a hearing conceming the matter. See Florida Power & Light Co.
- v. Lorion, 470 U.S. 729, 739 (1985); Eddleman v. NRC, 825 F.2d 46,48 (4th Cir.
1987); Tc_ ras Utilities Electric Co. (Comanche Peak Steam Electric Station, Units 1 and 2), CL1-92-12, 36 NRC. 62, 67 (1992); Id., CLI-93-1, 37 NRC 1, 3 (1993).
In Lorion the Supreme Court, after examining the legislative history of section 189a of the AEA, concluded that there was no right to a hearing under that section absent a particular application for the grant of a permission for the acts listed in that section. 470 U.S. at 739. A petition to revoke or amend an outstanding license t
t under 10 C.F.R 6 2.206 is not such a proceeding under Section 189 of the AEA, and ;
gives no right to a hearing. Eddleman, 825 F.2d at 48; see also Edlow international Co. ,
t
I (Import License For Enriched Uranium For A Country Not Specified), CLI-87-10, 26 NRC 123,126 (1987).
In the Comanche Peak cases, the Commission held that as there was no {I 4
proceeding pending conrzining Unit 1, because that license had been granted, and that there was no ri.qht to intervene or request a hearing in regard to the grant of a license for that unit. 36 NRC at 67; 37 NRC at 3. 1 Neither the amendment to the Limerick license that allowed PECo to receive and possess the Shoreham fuel nor LIPA's determination to transport and transfer the Shoreham fuel provides any right to inten'ene or to a hearing at this time. The license amendment providing that PECo may receive and possess the Shoreham fuel at Limerick was granted on June 23,1993. That proceeding is over and there is no proceeding involving the Limerick license amendment on which one might intervene and request a hearing.
i As Petitioner recognizes (at 46), there never was a proceeding involving LIPA's sansportation of the Shoreham used fuel. There is no matter upon which a petition to intervene and a request for a hearing may be founded in regard to those acts under ,
Section 189 of the AEA. The Petitioner maintains that a proceeding should have been conducted on a proposal to amend LIPA's license to allow the transfer and transportation j of the fuel. See Petitioner's letter of October 20,1993, at 2-3. However, LIPA already had a right, under 10 C.F.R. 66 70.42(b)(5) and 71.12(a), to take these actions under its ,
existing license. No new license or amendment was needed to transport or transfer the t
fuel.2 Further, Petitioner's request that a hearing be commenced under 10 C.F.R.
I 2.206 does not give -ise to any right to a hearing or to intervene under Section 189 of the AEA. Eddleman v. NRC, 825 F.2d at 48; Edlow,26 NRC at 126.
In sum, there is no matter pending at this time giving rise to any hearing rights under Section 189 of the AEA.
B. The Petitioner does not meet the standards for intervention in 10 C.F.R. 6 2.714.
Even if there were a proceeding in which intervention might be granted, petitioner does not meet the applicable standards in 10 C.F.R. $ 2.714 for intervention. The most ,
recent of the licensing actions here involved were approved in the early summer. The times provided in any notices for intervention expired long before then. The notice of LIPA's applications for a possession only license and a decommissioning order provided that a petition to intervene had to be filed by September 20,1990 and January 22,1992, respectively. 55 Fed. Reg. 34098, 34100; 56 Fed. Reg. 66459. The notice on the 1
Limerick amendments to allow receipt and possession of the Shoreham fuel required that ]
1 petitions be filed by Apdl 30,1993. 58 Fed. Reg. 16851, 16868.
One who seeks to intervene in an NRC proceeding after the time provided in the j notice for an opponunity for a hearing has a burden of showing that it has met the standards in 10 C.F.R. { 2.714(a). Metropolitan Edison Co. (Three Mile Island Nuclear 2 Petitioner has generally misconceived the nature of a " general license." See e.g.,
Petitioner's letter of October 20,1993, at 2-3. A licensee may transfer fuel to one who has a license to receive the fuel without the issuance of a separate license or a license amendment by the NRC. 10 C.F.R. i 70.42(b)(5). Similarly, a Commission licensee may transport '
Commission licensed material in certified containers without the issuance of a separate license or a license amendment. 10 C.F.R. { 71.12(a). The transportation of spent fuel by barge is considered in the environmental statement on the original issuance of the license of the nuclear facility. See 51 C.F.R.. f SI.52(a)(5).
Station, Unit 1), CL1-83-25,18 NRC 327,331 n.3 (1983); Boston Edison Co. (Pilgrim Nuclear Station), ALAB-816,22 NRC 461,466 n.22 (1985). Section 2.714(a) requires
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a balancing of the following factors: (1) good cause for failure to file in a timely manner; (2) the availability of other means to protect petitioner's interests; (3) the extent i
to which petitioner can aid in developing a sound record; (4) the extent to which other parties will present petitioner's interests; and (5) the extent to which petitioner's participation will broaden the issues or delay the proceeding.
If a petitioner cannot make a " good cause" showing for its failure to file in a ,
timely manner, the petitioner must make a compelling case on the other factors to be balanced under i 2.714(a). Texas Utilities Electric Co. (Comanche Peak Steam Electric Station, Units I and 2), CLI-88-12,28 NRC 605,610 (1988), reconsideration denied, CLI-89-6,29 NRC 348 (1988); afd sub nom. Citizensfor Fair Utility Regulation v.
FRC, 898 F.2d 51 (5th Cir.1990). The test for " good cause" under the section is not 1
only why the petitioner did not file in the time provided in the notice of opportunity for l
hearing, but why it did not file as soon thereafter as possible. See Duke Power Co.
(Catawba Nuclear Station, Units 1 and 2), CLI-83-19,17 NRC 1041,1048 (1983);
i Detroit Edison Co. (Enrico Fermi Atomic Power Plant, Unit 2), ALAB-707,16 NRC 1760, 1764 (1982).
An examination of the facts establishes that there is no good cause for the i
Petitioner's not filing before the Limerick license amendments took effect and fuel shipments staned. As reflected in the Petition, at 10-12, the Petitioner had notice of the .
1 intent to move fuel by barge along the New Jersey coast before the issuance of the formal l 1
f
document it mentions in its pleading (at 10), and before actual publication of the notice of issuance of the subject amendments on July 7,1993. The affidavits of Jan H.
,' Freeman and Brant Aidikoff, cited above, show that the Petitioner learned of the probable shipments along the New Jersey coast in late May or early June 1993, and a meeting concerning this route for the fuel shipment was held in its offices with PECo, IJPA, and the U.S. Coast Guard on June 22,1993. No justification exists for the delay of almost four months before the Petition was submitted to the Commission.' While the Petitioner provides no exact date of when it first learned of the contemplated barge shipments of fuel along the New Jersey coast, no " good cause" exists for the Petitioner to first petition for Commission action on October 8,1993, when it learned of the proposed ship;nents -
months before.'
3 Even if, as Petitioner maintains, its time to file did not accrue until August 9,1993, it would have no " good cause" for a 60 day delay. See Petitioner's October 20,1993, letter to the Commission, at 2.
- The Petitioner is at least as untimely with respect to its complaints in regard to the Shoreham license. The opponunities to petition to intervene in regard to the Shoreham Decommissioning Plan were even earlier, and the Petitioner, if it believed license amendments were necessary to transport and transfer the Shoreham fuel by barge, and that alternatives had not been properly considered, could have filed a petition, at the latest, in early July.
m The second factor to be balanced under 10 C.F.R. f 2.714(a) involves whether there are other means to protect petitioner's interest. Other means to protect Petitioner are not readily apparent to the Staff.s The third test in i 2.714(a) is whether the petitioner may reasonably be expected to assist in developing a sound record. Generally, this has required that a petitioner set out, with as much particularity as possible, the precise issues it intends to cover, the identity ofits witnesses and a summary ofits evidence. See Texas Utilities Electric Co.,
CLI-88-12, 28 NRC at 611; South Carolina Electric & Gas Co. (Virgil C. Summer 1
Nuclear Station, Unit 1), ALAB-642,13 NRC 881, 894 (1981). Petitioner fails to demonstrate that this factor is satisfied. Again, although there are allegations of possible harm from the barge shipments, there is no showing of the witnesses who would testify to those matters or the evidence that would be presented. In sum, Petitioner has not shown it could aid in the development of a record on the matters it seeks to litigate.'
i As to the fourth factor in 10 C.F.R. 5 2.714, the Staff concedes that there is no other party with Petitioner's interest in this proceeding, as there is no proceeding. ,
5 Much of this possible claimed damage is to tourism because of public perception that there may be a danger from the shipments. Petition, at 43-45. Perceptions of danger are not physical ,
damage to the environment, and need not be considered under NEPA. Aferropolitan Edison Co.
- v. People Against Nuclear Energy, 460 U.S. 766, 775 (1983). "
i
' Further, many of the questions the Petitioner indicates it seeks to litigate, such as whether a licensee may transport and transfer spent fuel under 10 C.F.R. El 70.42(b)(5) and 71.12(a),
and whether 10 C.F.R. 6 51.52 properly listed barge transportation of spent fuel, appear to be attacks on NRC regulations. These matters may not ordinarily be litigated in NRC adjudicatory proceedings, see 10 C.F.R. ( 2.758(b), and they are not matters on which the Petitioner has shown an ability to assist in developing an adjudicatory record.
?
6
As to the fifth factor of whether petitioner's participation will broaden the issues t
or delay the proceeding, the Petitioner's participation will broaden the proceeding and (
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- cause delay, as there is no proceeding or hearing pending.
In sum, a consideration of the factors in 10 C.F.R. I 2.714 regarding late-filed ,
petitions shows that the Petitioner has not met the standards for intervention. The petition was filed long after any time for intervention passed and substantially after Petitioner knew of the contemplated barge transportation of the slightly irradiated Shoreham fuel along the New Jersey coast. Petitioner also fails to show that it has competent evidence to produce at an adjudicatory hearing or that the grant of its petition i would not cause a broadening ofissues and delays with little purpose. The Petition does !
not satisfy the standards for intervention in 10 C.F.R. ( 2.714.
CONCLUSION The Petition to intervene and the request for a hearing should be denied as no matter is referenced by Petitioner which gives rise to any hearing right under Section 189 of the AEA and, even if such matter were referenced, Petitioner has not met the -
standards of 10 C.F.R. 6 2.714 for intervention in NRC proceedings.
Respectfully submitted, j
Edwin J. eis 1 Deputy Assistant General Counsel Reactor Licensing t ,
3 a ,e 91.
I Ann P. Hodgdon on dcw j q-Counsel for NRC Staff l Dated at Rockville, Maryland this 22nd day of October 1993 1
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UNITED STKfES OF AMERICA NUCLEAR REGULATORY COMhESSION
'93 0C122 FI2 33 ,
In the Matter of )
) ,
t STATE OF NEW JERSEY ) Docket No. Misc. 93-01
)
(Department of Law and Public )
Safety's Requests) )
NOTICE OF APPEARANCE ,
Notice is hereby given that the undersigned attorney herewith enters an appearance in the above-captioned matter. In accordance with 10 C.F.R. I 2.713, the following information is provided: ;
Name: Ann P. Hodgdon i Address: U.S. Nuclear Regulatory Commission ,
Office of the General Counsel i Washington, D. C. 20555 Telephone Number: 301-504-1587 Admission: U.S. Court of Appeals, Distdct of Columbia Name of Pany: NRC Staff Res ifully submitted, ,
I :
{}4 ;
O( / l cW Ann P. Hodgdon j Counsel for NRC Staff l Dated at Rockville, Maryland this 22nd day of October 1993 l
l I
i I
i
- . P i. '1' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 93 C'" 22 R2:33 In the Matter of )
.- ) ,
GULF STATES UTILITY COMPANY
) Docket No. Misc. 93-01
)
(Department of Law and Public ) ,
Safety's Requests) )
NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the above-captioned matter. In accordance with 10 C.F.R. f 2.713, the following information is provided:
Name: Edwin J. Reis Address: U.S. Nuclear Regulatory Commission Office of the General Counsel Washington, D. C. 20555 Telephone Number: 301-504-1578 .
Admission: New York State Court of Appeals U. S. District Court, District of Columbia Name of Party: NRC Staff ;
Respectfully submitted, ,
~
.[ !
Edwin J. Reis [
Deputy Assistant General Counsel ;
for Reactor Licensing ;
i Dated at Rockville, Maryland this 22nd day of October 1993 l i
1
i 5
.. t :. c UNITED STATES OF AMERICA %Nht-NUCLEAR REGULATORY COMMISSION !
93 OCT 22' Pi2:33 l BEFORE THE COMMISSlQH l s
, i
..- In the Matter of )
STATE OF NEW JERSEY ) Docket No. Misc. 93-01
) .
(Department of Law and Public )
Safety's Requests) ) :
i CERTIFICATE OF SERVICE r
I hereby certify that copies of "NRC STAFF RESPONSE TO COMMISSION QUESTIONS POSED WITH RESPECT TO STATE OF NEW JERSEY'S PETITION FOR LEAVE TO INTERVENE AND REQUEST FOR HEARING," and " NOTICE OF !
APPEARANCE" for Ann P. Hodgdon and Edwin J. Reis in the above-captioned 1 proceeding have been served on the following by facsimile or as indicated by an asterisk, by hand delivery, this 22nd day of October 1993: .
Lawrence C. Lanpher, Esq. Robert Rader, Esq. -l Kirkpatrick & Lockhart Winston & Strawn 1800 M Street, N.W. 1400 L Street, N.W.
South Lobby - Ninth Floor Washington, DC 20005 Washington, DC 20036 Fax: 202-371-5950 Fax: 202-778-9100 i Office of Commission Appellate !
Thomas A. Borden, Esq. Adjudication * .l Deputy Attorney General Mail Stop: 16 GIS OWFN ~ l New Jersey Department U.S. Nuclear Regulatory Commission .
of Environmental Protection Washington, DC 20555 {
and Energy l Richard J. Hughes Justice Complex Office of the Secretary * !
Trenton, NJ 08625 ATTN: Docketing and Service i Fax: 609-948-9315 Mail Stop: 16 GIS OWFN j U.S. Nuclear Regulatory Commission j Washington, DC 20555 i
n n P.
Ann P. Hodgdon ~
4 6 h !
l Counsel for NRC Staff ;
1
)
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)
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