ML20062F621

Motion of Long Island Power Authority for Leave to File Response to (1) Joint Petition for Reconsideration of CLI-90-08 & (2) Comments by DOE & Ceq.*

ML20062F621
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	11/13/1990
From:	Schenker C LONG ISLAND POWER AUTHORITY, O'MELVENY & MYERS
To:	NRC COMMISSION (OCM)
Shared Package
ML20062F614	List: ML20062F612 ML20062F621 ML20062F634
References
CLI-90-08, CLI-90-8, NUDOCS 9011280081
Download: ML20062F621 (3)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission '

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In the Matter of )  !

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, LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 i

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(shoreham Nuclear Power Station, ) ,

Unit 1) )  ;

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NOTION OF THE LONG ISLAND POWER AUTHORITY  !

FOR LEAVE TO FILE RESPONSE To '

(1) JOINT PETITION FOR RECONSIDERATION OF CLI-90-08 AND (2) COMMENTS BY DOE-AND CEO l3 Lj The Long Island Power Authority ("LIPA"), a municipal' corporation and political subdivision of the-State  ;

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Js Lof New: York,o'hereby. seeks leave to file the' accompanying?

gg Response . to - (1) Joint ~ Petition for 1.aconsideration- of CLI- j

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+ 90-08 and . (2): Comments by : DOE and CEQ'. : - In support of'its 1

0- ' motion,lLIPA shows as follows:-

] i 1.' Jut is well known to the Nuclear Regulatory

$ Commission'("NRC" or " Commission"), LIPA is'the prospective

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successor licensee for Shoreham Nuclear. Power Station a

("Shoreham"). As suchi LIPA has a strong interest in the' procedures?followed by the NRC in processing applications,by-LILCO or: LIPA concerning Shoreham.

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?. On October 17, 1990, the Commission issued j 435 Memorandum and Order CLI-90-08. That decision considered questions as to the proper application of the l National Environmental Policy Act ("NEPA") to the Shoreham situation. The holdings by the Commission in CLI-90-08 will .;

influence not only the particular matters under .

4 consideration there but also the general processing of i LILCO/LIPA applications related to Shoreham.

3. On October 29, 1990, the Commission was asked l to reconsider its decision in CLI-90-08 by the Shoreham-  !

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Wading River Central School District and the Scientists and <

L - Engineers for Secure Energy, Inc.

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4. On November 9, 1990, the Department of Energy.

I(" DOE") = and the Council;on Environmental Quality ("CEQ") '

1made : submissions _ pursuant to the' Commission's Orders dated October 16 and October 25. Those submissicas comment-on the j L

y application of NEPA to LILCO's request for amendment of-

, o l License No. NPF-82 to the-status of a Defueled Facility

- Operating. License or a-Possession Only License. 'The DOE /CEQ-submissions, in.significant part, argue that:the:

l-  : Commission's decision in CLI-90-08 was incorrect.

5. LIPA has prepared a Response addressing both

'the1 Joint Petition for Reconsideration of CLI-90-08 and the submissions by DOE and CEQ. LIPA believes these comments 2

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d-will assist the Commission in resolving these issues.

Acceptance of LIPA's response will not result in delay or other prejudice to any interested person.

WHEREFORE, the Commission should grant leave for the filing of the accompanying Response of the Long Island Power Authority to (1) Joint Petition for Reconsideration of

.CLI-90-08 and (2) Comments by DOE anu CEQ.

Respectfully submitted, i

Stanley B..Klimberg William T. Coleman,ATr.

Executive Director and Carl R. Schenker, Jt.-

-General Counsel O'Melveny & Myers Long IslandtPower Authority 555 13th Street, N W.

200 Garden City -Plaza: Washington, D.C. 20004 Garden City,-New York 11530 (202) 383-5360 (516) 742-2200; Nicholas S. Reynolds David A. Repka Winston.& Strawn

. 1400,L Street, N.W.

Washington, D.C. 20005 Counsel-for the Long

, Island Power Authority.

November 13,:1990 3'

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