ML20066H285

Petitioners Joint Notice of Intent to Petition for Review & Request for Stay.* Petitioners Urge Commission to Stay Issuance of License for 15 Working Days After Fr Publication.W/Certificate of Svc

ML20066H285
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/11/1991
From:	Mcgranery J DOW, LOHNES & ALBERTSON, LONG ISLAND LIGHTING CO., SCIENTISTS & ENGINEERS FOR SECURE ENERGY
To:	NRC COMMISSION (OCM)
References
CON-#191-11425 OLA-2, NUDOCS 9102200252
Download: ML20066H285 (4)

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i V. r.! Il D Udef UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 91 FEB 13 P3 :33 In the Matter of

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Docket-Nos 50-322<*Odl3' ~

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U nMiign,.j 11 u

consideration of Issuance of Amendment )

License No'. "WPF-02 To Facility Operating License and

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Proposed No Significant Hazards

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consideration Determination and

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Opportunity for Hearingt Long Island

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Lighting Co. (Defueled Operating

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License) (55 Fed. Reg. 34098,

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August 21, 1990)

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PETITIONERS' JOINT NOTICE OF INTENT TO PETITION FOR REVIEW AND REODEST FOR STAY 1

The Shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy, Inc. (jointly

" Petitioners"), by counsel, give notice of their intent to file a petition for review of any final determination by the Commission that the Long Island Lighting Company's ("LILCo") application for a possession only license for the Shoreham Nuclear Power Station involves no significant hazards consideration and that the amendment shall be issued before hearing in the above-captioned matter.

San U.S. App.D.C. General Rule 7 (h) (1) (B).

If the Commission does make such a final determination, Petitioners respectfully request that the amendment not issue until fifteen (15) working days after publication of that final determination in the Federal Racistgr, in order to allow Petitioners to seek and obtain a stay of the determination and the order issuing the license in the U.S. Court of Appeals for 9102200252 910211 b2 gon ADocs Oso g a j2

the District of Co1 Labia Circuit.

ERA U.S. App.D.C. General Rule 7 (h) (1) (A).

Petitioners submit that good cause for such a stay of the issuance of the proposed possession only license amendment is shown by the facts that such a stay will preserve the status gun pending expedited consideration of Petitioners' Emergency Motion by the Court, will not seriously inconvenience LILCo due to the short period of time in question, and the public interest favors a swift, independent judicial consideracion of the need for a stay pending review.

WHEREFORE, Petitioners respectfully urge the Commission, in the event of the issuance of a final no significant hazards consideration determination with respect to the LIIco application for a possession only license for Shoreham, to stay the issuance of that license for fifteen working days after publication of the determination and decision to issue the license in the Federal Register.

Respectfully submitted,

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February 11, 1991

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J es P. McGranery E.,

w, Lohnes & Albe t on Suite 500 1255 Twenty-Third Street, N.W.

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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$t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMIS.gO$EB 3 P3:33

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a.. i t.m In the Matter of

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DockeiNb! 50 3p~ l ' " '

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Consideration of Issuance of Amendment

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Ucense No. NPF 82 To Facility Operating Ucense and

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Proposed No Significant Hazards

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Consideration Determination and

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Opportunity for Hearing; long Island

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Ughting Co. (Defueled Operating

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Ucense) (55 Fed. Reg. 34098, August 21, 1990))

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CERTIFICATE OF SERVICE I hereby certify that one copy of the Petitioners' Joint Notice of Intent to Petition for Review and Request for Stay is being served upon the following by first-class mail, postage prepaid on this lith day of February,1991:

Atomic Safety and Ucensing Appeal Board Administrative Judge U.S. Nuclear Regulatory Commission Morton B. Margulics, Chairman Washington, D.C. 20555 Atomic Safety and Ucensing Board U.S. Nuclear Regulatory Commission Administrative Judge Washington, D.C. 20555 Jerry R. Kline Atomic Safety and Ucensing Board Administrative Judge U.S. Nuclear Regulatory Commission George A. Ferguson Washington, D.C. 20555 ASLUP 5307 Al Jones Drive Edwin J. Reis, Esq.

Columbia Beach, Maryland 20764 Deputy Assistant General Counsel for Reactor Ucensing Michael R. Deland, Chairman Mitzi A. Young, Esq.

Council on Emironmental Quality Senior Supervisory Trial Attorney Executive Office of the President Office of the General Counsel Washington, D.C. 20500 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Stanley B. Klimberg, Esq.

Executive Director and General Counsel Carl R. Schenker, Jr., Esq.

Long Island Power Authority Counsel,lang Island Power Authority Suite 201 O'Melveny & Myers 200 Garden City Plaza 55513th Street, N.W.

Garden, City, New York 11530 Washington, D.C. 20004 l

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2-l Stephen A. Wakefield, Esq.

Donald P. Irwin, Esq.

General Counsel liunton & Williams U.S. Department of Energy P.O. Box 1535 Washington, D.C. 20585 Richmond, Virginia 23212 Gerald C. Goldstein, Esq.

Samuel A. Cherniak, Esq.

Office of General Counsel NYS Department of law New York Power Authority Bureau of Consumer 1633 Broadway Frauds and Protection New York, New York 10019 120 Broadway New York, New York 10271 Nicholas S. Reynolds, Esq.

Regulatory Publications Branch David A. Repka, Esq.

Division of Freedom of e

Winston & Strawn Information & Publications Services 1400 L Street, N.W.

Office of Administration Washington, D.C. 20005 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Jt February 11,1991 A-JA;mes P. McGranery, Jr///

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

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