ML20066H196

Petitioners Joint Response to Lilco Motion to Dismiss as Moot Petitioners Request for Stay of LBP-91-01.* Urges Board to Deny Lilco Motion to Dismiss & Grant Petitioners Motion to for Stay.W/Certificate of Svc

ML20066H196
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/14/1991
From:	Mcgranery J DOW, LOHNES & ALBERTSON
To:	Atomic Safety and Licensing Board Panel
References
CON-#191-11439 LBP-91-01, LBP-91-1, OLA, NUDOCS 9102200212
Download: ML20066H196 (5)

Text

. yp9 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD '9] Qg 19 p3 g}

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In the Matter of ) Docket No. 50-322-OLA <

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LONG ISLAND LIGHTING COMPANY ) (Confirmatory Order r

) Modification, Security Plan (Shoreham Nuclear Power Station, ) Amendment and Emergency Unit 1) ) Preparedness Amendment)

__ )

. PETITIONERS JOINT RESPONSE TO LILCO MOTION ,

TO DISMISS AS MOOT PETIT 9NERS' REQUEST F.Q R A S T A L o r L B P - 9 1 - 0 1 Petitioners Shoreham-Wading River Contral School District and Scient!.sts and Engineers for Secure Energy, Inc.

I (jointly " Petitioners") hereby respond to, and oppose, the Long Island Lighting Compeny (hLILCO") Motion to Dismiss at Moot Petitioners' Request for a-Stay of LBP-91-01 for the reasons stated below, noting that the Nuclear Regulatory Commission Staff

'("NRC Staff") filed a response to Petitioners' Application in support _of LILCO's motion to dismiss on February 7, 1991.

Petitioners observe that (a) their motion for stay was unopposed by LILCO, (b) the NRC Staff failed to file any opposition until'after the time for filing amendments elapsed, and-(c) the Atomic Safety and Licensing Board ("ASLB") also failed to deny'or ' rant Petitioners' notion until after the time for filing amendments to.the petitions passed. In these circumstances, Petitioners had no alternative but to file a form af amended petition on February 4, 1991. If Petitioners had not 91022002129h$22 PDR ADOCK O PDR

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i filed, they could have lost all opportunity to amend their  ;

petition since the Commission's rules do not normally ("(u)nless ,

otherwise ordered") allow the filing of a motion to stay or extend the time for the performance of any act. 10 C.F.R. 5 i 2.730(g);.kut 133, 10 C.F.R. 5 2.714 (a) (1) -(1990) .

Under these circumstances, Petitioners had no alternative but to file an amended petition on or before February 4, 1991. Nevertheless, the filing of that amended petition does ag.t moot.the purposes to be served by Petitioners' motion insofar as the Board's granting of that motion could still prevent-the Waste of Commission (both ASLB and.HRC Staff) and licensee

' resources as recognized in.the LILCo motion (at.2). Such a: stay- f would also allow for the further amendment of the petition pursuant to the Commission's decision on Petitioners' appeal of

. LBP-91-01, - thus requiring only a single response by LILCo and the

. Commission's Staff to the amended petition, and a single review by.this ASLB.

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3 WHEREFORE, since a large part of the purposes to be served by Petitioners' notion f or a stay can still be served, Petitioners urge the Atomic Safety and Licensing Board to deny the LILCO motion to dismiss and grant Petitioners' notion for a stay of LBP-91-01 and further proceedings in this matter until twenty (20) days after the Commission's decision on the pending appeal.

Respectfully submitted, Tebruary 14, 1991 4 - / *-

4 .-

James P. McGranery, Jr.

Dow, Lohnes & Albertson Suite 500 1255 Twenty-Third Street, N.W. 4 Washington, D.C. 20037 (202) 857-2929 Counsel for the Petitioners Shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy, Inc.

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UNITED' STATES OF AMERICA NhyD NUCLEAR REGULATORY COMMISSION BEFORE THE' ATOMIC SAFETY AND LICENSING BOARD 91 FEB 19 p3 :21.,

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) ranch In the Matter of ) Docket No. 50-32a-OLA

) ,

LONG ISLAND LIGHTING COMPANY ) (Confirmatory order

) Modification, Security Plan (Shoreham Nuclear Power Station, ) Amendment and Emergency  ;

Unit 1) ) Preparedness Amendment) r

)

CERTIFICATE OF SERVICE 8-hereby certify that copies of the Petitioners' Joint Response to .

'LILCO Motion to Dismiss as Moot Petitioners' Request for a Stay of

.LBP-91-01_in the-above-captioned proceeding have been served on the-following by first-class' mail, postage-prepaid on-this 14th-day of February, 19911 Morton B. Margulies, Chairman George A. Ferguson

. Administrative Judge Administrative Judge

Atomic Safety & licensing 5307 Al Jones. Drive ,

Board Panel . Columbia Beach, MD 20764 lU.S. Nuclear Regulatory Commission Washington,10.C. 20555- -

Jerry R. Kline; Stephen A. Wakefield, Esq.

Adminsitrative_ Judge ~ General Counsel U.S. Department of Energy.

~

Atomic SafetyJ& Licensing Board Panel .

1000: Independence Avenue c 'U.S. Nuclear-Regulatory Commicsion Room 6A245.

Washington, D.C. 20555 Washington,:D.C. 20585 W.' Taylor Reveley,-III, .Esq. Samuel ~A. Cherniak, Esq.

Donald-P. Irwin,-Esq. -

NYS Department of Law

-Hunton & Williams Bureau of Consumer Frauds

.707cEast. Main Street -and Protection < 1 P.O. Box 1535 .

120 Broadway l Richmond, Virginia 23212-1535 .New York, New York 10271' l Michael R. Deland,. Chairman ._

GeraldLC. Goldstein,-Esq.-

Executive Office of the President Office of General Counsel <

1 Council on Environmental-O'aality' New York Power Authority )

722 Jackson Place,.N.W. 1633' Broadway.

Washington, D.C. 20503 .

New York, New York 10019 l

- _ . . . _ , - _ _ , , . ~ - . _- ._ . _ . . . . . _ _ - - - _ . _ - . ~ _ _ ~ _ . , . ..~,-- - --

-2 -

Stanley B. Klimberg, Esq. Nicholas S. Reynolds Executive Director & David A. Ropka General Counsel .

Winston & Strawn Long Island Power Authority 1400 L Street, N.W.

200 Garden City Plaza, Suite 201 Washington, D.C. 20005 Garden City, New York 11530 Carl R. Schenker, Jr., Esq. John T. Hull, Esq.

O'Melveny & Myers Office of General Counsel 555 13th Street, N.W. U.S. Nuclear Regulatory Washington, D.C. 20004 Commission Washington, D.C. 20555 Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 5 \

j February 14, 1991 - I ' *t ' 6 James P. McGanery, Jr.

Counsel for the Petitioners Shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy, Inc.

,_ _ _.