ML20062F430

Advises That Ofc of General Counsel Designated to Review & Resolve Six Petitions Filed by Scientists & Engineers for Secure Energy & Stated School District Re Amends to Ol. W/Certificate of Svc.Served on 901109

ML20062F430
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	11/08/1990
From:	Margulies M Atomic Safety and Licensing Board Panel
To:	Mcgranery J, Reveley W, Sherwin Turk DOW, LOHNES & ALBERTSON, HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO., NRC OFFICE OF THE GENERAL COUNSEL (OGC), SHOREHAM-WADING RIVER CENTRAL SCHOOL DISTRICT, NY
References
CON-#490-11030 CLI-90-08, CLI-90-8, OLA, NUDOCS 9011270267
Download: ML20062F430 (4)

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NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING 80ARD PANEL j'

WASHIN GTON, D.C. 2465 g -g P2 bb November 8, 1990 m - " ' -

a udi fr James P. McGranery, Jr.,

Esq.

Dow, Lohnes & Albertson 1255 Twenty-Third Street, N.W.

Washington, D.

C.

20037-1194 i

W. Taylor Reveley, III, Esq.

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l Hunton & Williams dEiit'd0 N0Y - 9 09V 707 East' Main Street P.

O. Box.1535 Richmond, Virginia 23212 L

Sherwin E. Turk, Esq.

Senior Supervisory Trial Attorney Office of the General Counsel U.

S. Nuclear Regulatory Commission l

Washington, D.

C.

20555 i

In the Matter of Long Island ~ Lighting Company (Shoreham Nuclear Power Station, Unit 1)

' Docket No. 50-322-OLA

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Gentlemen:

3 We.have been designated as the Licensing Board to review and

' resolve the six petitions filed'by Scientists and Engineers for Secure Energy and Shoreham

. Wading River School: District to.

intervene'and'to hold hearings regarding amendments to the.

Shoreham' Nuclear Power Station full 1 power operating license-held by'Long Island-Lighting ~ Company.

The. amendments involve:

prohibiting the licensee from placing any nuclear fuel in the i

reactor vessel without prior approval from the Commission; allowing changes-in the physical security plan-for the plant and-

a. reduction in the security forces; and allowing changes in offsite emergency preparedness plans and activities.

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The Commission, in-a Memorandum and Order, CLI-90-08 i

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(October 17, 1990), had taken up the petitions and' determined I

that'the Staff need not file.an Environmental Assessment'or an

Environmental Impact Statement reviewing and analyzing resumed i

l-operation of Shoreham Nuclear Power Station as a nuclear plant,

.as an alternative under the National Environmental Policy Act.

The six' petitions were forwarded to the Licensing Board with directions to " review and. resolve all other aspects of'these 1

hearing requests in a manner consistent with this opinion."

Petitioners, by joint petition to the Commission, dated October 29, 1990, requested that CLI-90-08 be reconsidered and e

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I vacated insofar as that order precludes the consideration.of the alternative of renewed operations of Shoreham in the context of the proposal to deccmmission the plant.

All six petitions, in part, focus on the resumption of operation of Shoreham as a nuclear power plant, as an alternative under the National Environmental Policy Act.

Our purpose in writing to you is to obtain your views on whether there is reason for the Licensing' Board not to proceed with deciding the petitions at this time, taking into consideration petitioners' unresolved request for reconsideration of CLI-90-08.

Should the Licensing Board not go forward with a review of the petitions, full or partial, before petitioners' appeal has been decided?

Please advise the Licensing Board of your views by November 19, 3990.

You may wish to confer with one another

. before responding.

1 Sincerely, Morton-B. Marg ies Chairman Administrative Law Judge I

cc: Service hist

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UNITE 9 57A7ES CF AGERICA NUCLEAR REGULATORY COMMISS10N-In the Matter of i

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-LONG !$ LAND LIGHTING COMPANY.

i Docket No. (s) 50-322-OLA (Shoreham Nuclear Power Station) 1 1

CERTIFICATE OF SERVICE 1 hereby certify that contes of the forecoino LETTER. MARGULIES TO PARTIES have'been served upon the followino persons by U.S. mail'. first class, excect as otherwise noted and in accordance with the reoutrements of 10 CFR'Sec. 2.712.

Atomic Safety and Licensino Appeal Administrative Judoe L

Boaro Morton B. Maroulies. Chairman 1

U.S. Nuclear Reculatory Commission Atomic Safety and'Licensino Boaro L

Washinoten. DC-20555 U.S. Nuclear Regulatory Cometssion Washinoton. DC 20555 L

i Administrative Juwas Administrative Judas 1

Jerry R.~Kline Georce A. Ferouson Atomic Safety and Licensino Board ASLBP l

U.S.. Nuclear Reculatory Commission 5307 Al Jones Drive Washincton. DC 20555 Columbia Beach. MD 20764

'Sherwin E.-Turk. Esc.

Donald P. Irwin. Esc.

0ffice'of the Generst-Counsel Hunton & Williams U.S. Nuclear Reculatory Commission P.O. Box 1535 Washinoton. DC 20555 Richmond. VA 23212 James P. McBranary. Jr.. Eso.

Michael R. Deland. Chairman Dow. Lohnes & Albertson Council on Environmental Quality 1255 23rd St.. N.W.. Suite 500 Executive Office of the President Washinoton. DC ~20037 Washinoton. DC 20500 Stechen A. Wakefield Carl R. Schneker. Jr.. Esc.

General Counsel Counsel. L. I. Power Authoriv-Department of Eneroy

.0'Melveny & Myers-Washinoton..DC 20585 555 13th Street. N.W.

Washinoten. DC 20004

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1 Docket No.(e)S0-322-OLA LETTER. HARGULIES.TO PARTIEE Dated at.Rockville. Md. this i

9 dav of November 1990 l

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Office of the Sef stary of the Commission l

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