ML20065C214

Motion to Certify Suffolk County Motion to Terminate OL Proceeding,To Commission.County Decision Not to Adopt Local Radiological Emergency Response Time Makes Issue Urgent

ML20065C214
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/23/1983
From:	Brown H KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20065C210	List: ML20065C207 ML20065C214 ML20065C218
References
ISSUANCES-OL, NUDOCS 8302240318
Download: ML20065C214 (3)

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O UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

.o,3 EB 23 P3 :30 Before the Atomic Safety and Licensine Board

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In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 (OL)

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(Shoreham Nuclear Power Station, ).

Unit 1) ) .

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Motion For Certification Suffolk County has today filed with this~ Licensing Board a' Motion to Terminate tMe- Shoreham Operating License Proceeding because necessary offsite emergency preparedness cannot be achieved. Pursuant to 10 C.F.R. Section 2. 718 (i) and 10 C.F.R.

r Part 2, Appendix A,Section V (f) (4) , Suffolk County requests the Presiding Officer to certify such Motion promptly to.the Commission for-decision.

Suffolk County has raised a major question of law of the .

type clearly contemplated by the NRC's: regulations governing certification of questions to the' Commission. The County contends that the NRC's own regulations require, as a straightforward matter of law, the denial of LILCO's' license application and the termination of this licensing proceeding.

There are no facts in dispute, and thus there is no need for adjudication of facts. The facts are the following: last week, Suffolk County determined that it-is impossible to prepare -

t a local radiological emergency plan which, if implemented, would

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830224C318 830223 PDR ADOCK 05000322 9 PDR L _ __ _. . _ . _

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protect the health, welfare and safety in the event of a serious nuclear accident at the Shoreham plant. Accordingly, the County resolved that it will not adopt or implement a local radiclogical emergency response plan. The County submits that the application ofothe NRC's regulations to these facts requires the Commission

.to grant the County's instant Motion.

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This is a matter of urgency, and the Ccamission's prog.pt action is required by the public interest. The County's action ,

last week has created uncertainty for the future of the Shoreham plant. A continuation of uncertainty would be not only prejudicial 1

to the parties in this proceeding, but it also would be contrary to the interests of the State Public Service Commission, which will be involved.in decisions concerning the cost and rate con-sequences of the Shoreham situat' ion,.the financial markets, and the NRC decisionmaking process. The time necessary'for action by this Board on the County's Motion and the ensuing appellate process would keep the Commission from confronting the very type of unprecedented-issue that only the Commission can address and decide with speed and finality.

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Accordingly, Suffolk County requests this Board to certify promptly the County's Motion to Terminate to the Commission.

Eespectfully submitted, David J.-Gilmartin i

Patricia A. Dempsey Suffolk County Department of Law H. Lee Dennison Building ,

i Veterans Memorial Highway Hauppauge, New York 11788 . , ,

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f Eerbert H. Brown Lawrence Coe'Lanpher Christopher M. McMurray l'

KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS

, 1900 M Street, NW Washington, DC 20036 Attorneys for Suffolk County February 23, 1983 L

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