ML20062F462
| ML20062F462 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 11/09/1990 |
| From: | Cherniak S NEW YORK, STATE OF |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#490-11032 NUDOCS 9011270279 | |
| Download: ML20062F462 (5) | |
Text
O O
i JID32~
5-UNITED STATES OF AMERICA
. &)&[
g g
NUCLEAR REGULATORY COMMISSION Q
1
.g DEFORE THE COMMISSION c
m
............................-----X
's SE%Ed '#
D A
In the Matter of
~~"
Long Island Lighting Company Docket No. 50-322 (Shorcham Nuclear Power Station, l
Unit 1)
.........................-------X MOTION OF MARIO M. CUOMO, GOVERNOR OF NEW YORK, TO FILE A REPLY AS FRIEND OF THE COMMISSION IN OPPOSITION TO THE JOINT PETITION l
FOR RECONSIDERATION I
Pursuant to 10 CFR SS 2.711 AND 2.715, Mario M.
- Cuomo, j
Governor of New York "Now York," movos, by Robert Abrams, Attorney General of the Stato of New York, for permission to file as friend of the Commission a reply in opposition to the Joint Petition for Reconsideration
(" Petition") filed in this case on October 29, 1990, by Shorcham-Wading River School District and Scientists and Engincers for a Securo Encrgy Policy ("Potitioners").
New York's interest is that New York is a party to the f
I Setticmont referrod to in the Ordor that the Petition seeks to have i
reconsidered. Petitioners have sought unsuccessfully to invalidato tho Sottlement in the courts of Now York'.
Having failed, they now j
sock to thwart implementation of the Settlement by challenging all 1
' orders of-the Commission that appear-- to facilitato_ such On October 10, 1990, the Appellate Division (3d Dept.)
of the New York State Supreme Court denied Petitioners' motion for leave to appeal the Appellate Division's order sustaining tho Sottlement to the New York Court of Appeals.
9011270279 901109 f03 PDR ADOCK 05000322 0
A 8!
implementation.
In the petition, they have mischaracterized the offeet that certain events would have on the Long Island Lighting Company's obligation under the Scttlement not to operato tho l
Shorcham Nuclear Power Station ("Shoreham").
New York wishes to corrcut that mischaracterization, as well as to show that the Commission's decision not to issue at this timo an Environmental
(
Impact Statement
("EIS")
on the proposed decommissioning of Shorcham and not.to consider in any such EIS resumed opera + l.on of I
Shorcham as a reasonablo alternative is correct and lawful.
Although Staf f's reply is due to be filed on November 19, 1990, New York requests permission to file its reply on November i
26, 1990.
The reasons for this request are that New_ York has just I
been informed of the petition and that one of the two attorneys i
who would work on New York's reply is on vacation out of stato
[
until November 20, 1990.- Counsel for Petitioners have stated that l
l they do not oppose New York's motion.
Counsol for Staff and counsel for the Long Island Lighting Co. do not oppose Now York's filing of a brief but oppose any such filing after November 19,
[
1990.
I Datodi New York, N.Y.
[
November 9, 1990 Respectfully submitted, Samuel A. Cherniak
/
Assistant. Attorney G6neral i
~2 Attorney for l
Mario M. Cuomo, Governor i
of Now York 4
JOHN W. CORWIN f
CHARLIE DONALDSON Assistants Attorneys General b
e
?t 4
.;v;
..~
og 4
D POCKETED 4.
3 l
UNITED STATES OF AMER.TCA 0
110\\J - 9 B90 DOCKET N g
~,--
NUCLEAR REGULATORY COMMISSION e sEh
.In the Matter of
)
//
Ot
')
vSNRC Docket o
Long Island Lighting Co.,
)
50-322
.i
, N, Shoreham: Nuclear Power Station;
)
License No. NPF-82 l
Confirmatory. Order. Modifying
)
License-(Effective Immediately)
)
j
'(55 Fed. Reg. 12758, April 5, 1990)
)
)
^
l y
NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance.in the captioned I'
. matter.
In'accordance with 30 C.F.R.
S 2.713 (1989), the 4
following information is'provided:
)
i
-l d
Names Samuel A. Cherniak l
q
-Address:
NYS Department of Law Bureau of Consumer Frauds and' Protection.
.i 120 Broadway-
-j
- l
-New York, New York 10271.
]
Telephone' Numbers (212)E 341-2350 y! -;r i
s Admissi'on:
U.S. Court of Appeals-for j
the D.C. Circuit
]i J.e Name.of Party:
Mario M. Cuomo
-Governor of New York j
s Q-l 1
Samuel.A. Cherniak=
/
4..
. 'e i
1 Dated at New York,'New' York thie19th day of-November, 1990
,)
i r
)t,o
v.
.~.
e l
i CERTIFICATE OF SERVICE 1
I
~ acroby certify that one copy of the foregoing Reply in l
Opposition to Joint Petition for Reconsideration of Commission's Decision CLI-90-08 was served by facsimile machino and and one copy j
by first-class mail, postage prepaid upon the following on this 9th day of November 1990.
5 g
1 Lawrence J. Chandler, Esq.
S Jr s
Office of the General Counsel g
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 U-
'g
'$pa23 i
James McGrancry, Jr., Esq.
7)
Dow, Lohnos & Albertson '
i 9/ g Suite 500
/
1255 Twenty Third Strcot, N.W.
Washington, D.C.
20037 Donald P. Irwin, Esq.
Hunton & Williams 707 East Main Strcot
'P.O. Box.1535 e
Richmor:d, Virginia 23212 i
Carl R.
Schenacr, Jr., Esq.
O'i'clveny & Mycrs Coui:sc1 for Long Island Power Authority 555 13th Strcot, N.W..
Washington,.D.C.. 20004-Michael R. Doland, Chairman Council on Environmental Quality Executive Office of the President
' Washington, D.C.
20500 I
Honorable. James D. Watkins Secretary of Energy Washington, D.C.
20585 uSteven A.-Wakefield,uEsgr u_ a. _.__;.
Departmcat of Energy Offico of General ~ounsel 4
1 Room 2000 825: North Capitol Strcot Washington, D.C.
20426
_;?
6 c.-
s Atomic Safety and Licensing Board Panel 1
- U.S. Nuclear Regulatory Commission Washington, D.C.
20555
(_,
/
Samuel A. Cherniak
/
Assistant Attorney Goncrbl Attorney for Mar.o M. Cuomo, Governor of New York 4
,)
e ii t
4 a
s g -.
a b
~%
.t I
4@ h 4-F O
'+
f
- O "O
~
DI*
W S
~2 b
1
..........__. _ _ _ _