ML20059F019

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

ML20059F019
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	10/08/1993
From:	Lanpher L KIRKPATRICK & LOCKHART, LONG ISLAND POWER AUTHORITY
To:	NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#493-14415 MISC-93-01, MISC-93-1, NUDOCS 9311040086
Download: ML20059F019 (5)

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'93 00126 Fl? :14 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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In the Matter of )

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STATE OF NEW JERSEY ) Docket No. Misc.,D0'01

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Department of Law and Public ) Docket No. 50-322 Safety's Requests, ) ,

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dated October 8, 1993 )

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J LONG TSLAND POWER AUTHORITY REPLY TO NEW JERSEY FILING OF OCTOBER 20. 1993 In accordance with the NRC's October 14, 1993 Order, the Long Island Power Authority ("LIFA") replies to the State of New Jersey's October 20, 1993 filing ("N.J. 10/20 Filing"). LIpA will not repeat comments made in LIPA's October 20, 1993 filing

("LIpA 10/20 Filing") but, instead, will dircct the NRC's attention to the appropriate portions thereof Whoro issues have already been addressed.

First, the reference to 10 C.F.R. 5 2.105 (N.J. 10/20 Filing at 1) is not pertinent to whether New Jersey has a right to a hearing under Section 189 of the Atomic Energy Act, 42 U.S.C. 5 2239. This regulation applies to matters for which the NRC has published a notice of proposed action in the Federal r

DC 116158.1 9311040086 931008  ;

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Register. The NRC has provided no such notice here, and 10 C.F.R. l 2.105 is therefore inapplicablo to New Jersey's circumstance. As set forth in LIPA's prior filing (LIPA 10/20 Filing at 2-6), as well as the filings of the Philadelphia Electric Conpany ("PECO") and the NRC Staff, New Jersey is unable to document any right to a hearing under this or any other provision of the NRC's regulations.

Second, New Jersey asserts that it has a right to a hearing concerning LIPA's previously-granted general license under 10 C.F.R. Part 71 to transport the fuel. N.J. 10/20 Filing at 2.

However, LIPA's general license is not being amended and no proceeding has been commenced. Thus, New Jersey has no predicate for a right to intervene. To the extent that New Jersey is asserting that the NRC's regulations should allow for a hearing in these circumstances, New Jersey is impermissibly attacking the NRC's regulations and its assertions must be rejected. Egg LIPA 10/20 Filing at 4-5.

Third, New Jersey alleges that the August 19, 1993, <

amendment to the Pacific Nuclear Certificate of Compliance for j l

the IF-300 casks triggers the right to a hearing. N.J. 10/20 Filing at 3. New Jersey does not point to any potential defect l l

in the certificate, which is not surprising. The amended i certificate pertains to requirements for natural uranium fuel bundles, which present even less of a risk than the other bundlas which are to be transported. In short, New Jersey does not identify any need for a hearing about the cask certification, i

10. 26. 93 11 : 06 AM wK & L 202-77S-9200 PO4 thus underscoring that the intervention petition, were it otherwise procedurally proper, would need to be denied.

Fourth, New Jersey argues that the transfor (as opposed to transportation) of the fuel from LIPA to PECO triggers hearing rights. N.J. 10/20 Filing at 3. There are multiple defects in the New Jersey petition. LIPA has already demonstrated that it has obtained all necessary NRC approvals and that New Jersey's challenge is grossly untimely. LIPA 10/20 Filing at 4, n. 3, and ;

8. Further, the NRC Staff, in its June 11, 1992 approval of l LIPA's Decommissioning pisn for Shoreham, specifically directed that LIPA "have the fuel completely removed from the site . . .

" order Approving Decommissioning Plan and Authorizing 1 Decommissioning of Facility, June 11, 1992 at 3. It is not credible to suggest that LIPA is acting improperly in transferring the fuel to PEC0; in fact, LIPA is transferring the fuel pursuant to the NRC's direction. Finally, New Jersey never suggests any basis to believe that the transfer of the fuel presents any health, safety or environmental issue that could justify a hearing.

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For the foregoing reasons, as well as those set forth in LIPA's October 20 Filing, LIPA respectfully requests that the NRC deny the New Jersey intervention petition..

Respectfully submitted L

KIRKPATRI & LOCKHART By: -

Lawrence coe Lanpher- #

Linda L. Raclin 1800 M Street,.N.W.

South Lobby, 9th Floor Washington, D.C. 20036 l-(202) 778-9000 Attorneys for the Long Island Power Authority October 26, 1993 OF COUNSEL:

Richard P. Bonnifield General counsel Long Island Powcr Authority 200 Garden City Plaza - Suite 201 'i Garden city, N.Y. 11530 i

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CERTIFICATE OF SERVICE I, Lawrence Coe Lanpher, hereby certify that on this 26th day of October, 1993, I served on the following parties, in the manner specified, a copy of the Long Island Power Authority's Reply to the New Jersey Filing of October 20, 1993:

Samuel J. Chilk Katherine W. Hazard Secretary of the ;ommission Attorney, Appellate Section U.S. Nuclear Regulatory Department of Justico Commission P. O. Box 23795 Washington, DC 20555 (L' Enfant Station)

Washington, DC 20026  ;

(Facsimile /First Class Mail)

(Facsimile) )

Edwin J. Reis, Esq.

Ann P. Hodgdon Winston & Strawn U.S. Nuclear Regulatory Robert Rader, Esq.

Commission Mark J. Wetterhahn washington, DC 20555 1400 L Street, NW (301) 504-1578 Wahington, DC 20005-3502 (Facsimilc) (202) 371-5950 Fred Devesa, Esq. Susan S. Chidakel, Esq.

Acting Attorney General U.S. Nuclear Regulatory of New Jersey Commission ,

Thomas J. Kowalczyk 11555 Rockville Pike Deputy Attorney General Rockville, MD 20852 Jack Van Dalen (301) 504-3725 Carol Grulacki (Facsimile)

R. J. Hughes Justice Complex  ;

CN 093 ,

Trenton, New Jersey 08625 l

(609) 984-9315 (Facsimile) l l

Marjorie Nordlinger, Esq.

U.S. Nuclear Regulatory Commission ,

11555 Rockville Pike l Rockville, MD 20052 l i

(301) 504-1616 (Facsimile) ,

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h F i Lawrence Coe/Lanpher

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