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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20093G4541995-10-18018 October 1995 Comment Supporting Proposed Rules 10CFR2,50 & 51 Re Decommissioning Procedures for Nuclear Power Reactors ML20058K7381993-12-0303 December 1993 Memorandum & Order CLI-93-25.* Commission Denies State of Nj Petition for Leave to Intervene & Request for Adjudicatory Hearing Filed on 931008.W/Certificate of Svc.Served on 931203 ML20058E0151993-11-14014 November 1993 Comment Opposing Proposed Rule 10CFR50 Re Exemptions in Accident Insurance for Nuclear Power Plants Prematurely Shut Down ML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20059B0621993-10-20020 October 1993 Long Island Power Authority Response to Nuclear Regulatory Commission Order of 931014.* Requests That NRC Reject State of Nj Filing.W/Certificate of Svc ML20057G2141993-10-14014 October 1993 Order.* Requests for Simultaneous Responses,Not to Exceed 10 Pages to Be Filed by State,Peco & Lipa & Served on Other Specified Responders by 931020.NRC May File by 931022. W/Certificate of Svc.Served on 931014 ML20059A4581993-10-14014 October 1993 Order Requesting Answers to Two Questions Re State of Nj Request for Immediate Action by NRC or Alternatively, Petition for Leave to Intervene & Request for Hearing. Operations Plans for Marine Transportation Withheld ML20059F0191993-10-0808 October 1993 Long Island Power Authority Reply to New Jersey Filing of 931020.* Licensee Requests That NRC Deny State of Nj Intervention Petition.W/Certificate of Svc ML20057F2191993-09-30030 September 1993 Exemption from Requirements of 10CFR50.54(q) Eliminating Licensee Requirement to Follow & Maintain in Effect Emergency Plans ML20059B1291993-09-14014 September 1993 Affidavit of Jh Freeman.* Discusses Transfer of Slightly Used Nuclear Fuel from Shoreham Nuclear Power Station to Limerick Generating Station.W/Certificate of Svc & Notice of Appearance ML20097C3241992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Joint Opposition to Issuance of Decommissioning Order Prior to Hearing.* W/Certificate of Svc ML20097C2911992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeal.* Dismisses 911203 Notice of Appeal W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees Due to Encl Settlement Agreement. W/Certificate of Svc ML20097C2891992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeals.* Appeals Being Dismissed Due to Encl Settlement Agreement.Nrc Should Dismiss Appeals W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees.W/Certificate of Svc ML20097C1361992-06-0303 June 1992 Petitioners Consented Motion to Dismiss.* Petitioners by Counsel Move ASLB to Dismiss Petitioners as Petitioners for Leave to Intervene & Request for Hearing in Proceeding W/ Prejudice.W/Certificate of Svc ML20097C2631992-06-0303 June 1992 Petitioner Consented Motion to Dismiss.* NRC Should Issue Order Dismissing School District & Scientists & Engineers for Secure Energy,Inc as Petitioners in Proceeding.W/ Settlement Agreement & Certificate of Svc ML20097C1081992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Appeal.* Petitioners Hereby Move to Dismiss 910628 Notice of Appeal in Matter W/Prejudice & W/Each Party to Bear Own Costs & Atty Fees.W/ Certificate of Svc ML20096A5921992-05-0707 May 1992 Motion to Withdraw Supplemental Filing.* Petitioners Urge NRC to Allow Withdrawal of Supplement for Good Cause Shown. W/Certificate of Svc ML20096A5311992-05-0606 May 1992 Long Island Power Authority Comments on SECY-92-140 & Response to Petitioner Joint Opposition to Decommissioning Order.* Util Urges NRC to Adopt Recommendation in SECY-92-140 & Approve Order.W/Certificate of Svc ML20096A5071992-05-0505 May 1992 Suppl to Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Supplements Joint Opposition Prior to Hearing.W/Certificate of Svc ML20095K8991992-04-29029 April 1992 Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Petitioners Urge Commission to Reject NRC Staff Proposal in SECY-92-140.W/Certificate of Svc ML20095H5611992-04-28028 April 1992 Affidavit of Lm Hill.* Affidavit of Lm Hill Supporting Util Position That Circumstances Exist Warranting Prompt NRC Action on NRC Recommendation That Immediately Effective Order Be Issued Approving Decommissioning Plan ML20094G3971992-02-26026 February 1992 Notice of State Taxpayer Complaint & Correction.* NRC Should Stay Hand in Approving Application for License Transfer as Matter of Comity Pending Resolution of Question as Util Continued Existence in Ny State Courts.W/Certificate of Svc ML20094G2261992-02-25025 February 1992 Petitioner Notice of Lilco/Long Island Power Authority Exaggeration & of Commencement of State Court Action.* NRC Should Await Ny State Decision Re Matter within Special Jurisdiction.W/Certificate of Svc ML20092K9021992-02-24024 February 1992 Petitioner Opposition to Ltr Request for Dismissal of Pages.* Suggests That Transfer of License Inappropriate at Present Time.W/Certificate of Svc ML20092K9511992-02-21021 February 1992 Response of Lilco & Long Island Power Authority to Petitioner Opposition to NRC Staff Recommendation for License Transfer Approval.* W/Certificate of Svc ML20092K8701992-02-20020 February 1992 Petitioners Opposition to NRC Staff Recommendation for Approval of License Transfer.* Urges Commission to Reject NRC Recommendation in SECY-92-041 & Remand Matter for Consideration in Normal Proceeding.W/Certificate of Svc ML20091E2661992-02-20020 February 1992 Petitioner Opposition to NRC Staff Motion to Dismiss.* Petitioners Urge NRC to Deny Staff Motion or Defer Action Until Petitioners Have Fully Developed Petitions & Supplied Detailed Contentions.W/Certificate of Svc ML20091E4011992-02-18018 February 1992 Answer of Long Island Power Authority to NRC Staff Motion to Dismiss Intervention Petitions.* Util Urges NRC to Grant Motion & Dismiss Intervention Petitions.W/Certificate of Svc ML20091E3161992-02-13013 February 1992 Lilco Response to NRC Staff Motion to Dismiss Intervention Petitions on Decommissioning Plan.* Requests That Petitions Be Struck & Petitioners Be Instructed of Possible Dismissal.W/Certificate of Svc ML20092D2931992-02-0606 February 1992 Answer Denying Petitions for Leave to Intervene & Request for Prior Hearing Re Decommissioning ML20091E2741992-02-0606 February 1992 Answer of Long Island Power Authority to Intervention Petitions Concerning Shoreham Decommissioning Plan.* Requests That Petitions for Leave & Requests for Hearing Be Denied.W/Certificate of Svc & Notice of Appearance ML20091E2941992-02-0606 February 1992 Lilco Opposition to Petitioner Request for Hearing on Shoreham Decommissioning Plan.* Informs That Util Opposes Both Requests for Hearing.W/Certificate of Svc ML20091E2831992-01-22022 January 1992 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition for Leave Be Granted & Hearing Held. W/Certificate of Svc & Notice of Appearance ML20091E2811992-01-22022 January 1992 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition Be Granted & Hearing Be Held.W/Certificate of Svc & Notice of Appearance ML20086T7231992-01-0303 January 1992 Motion of Long Island Power Authority for Leave to File Supplemental Matls.* Requests That Supplemental Memorandum & Supplemental Legislative History Matls Be Filed. W/Certificate of Svc ML20086T7541992-01-0303 January 1992 Memorandum of Long Island Power Authority Concerning Supplemental Legislative History Matls.* Supports Legislative History & Argues That License Not Subj to Termination Under Section 2828.W/Certificate of Svc ML20086Q9171991-12-30030 December 1991 Lilco Opposition to Petitioners Request for Stay & Suggestion of Mootness.* Suggests That Stay Request & Suggestion of Mootness Be Denied.W/Certificate of Svc ML20086Q9281991-12-30030 December 1991 Opposition of Util to Motion for Stay of License Transfer & to Suggestion of Mootness.* Concluded That Relief Sought in Petitioner Motion & Suggestion Should Be Denied. W/Certificate of Svc ML20091H8261991-12-19019 December 1991 Suggestion of Mootness Due to Long Island Power Authority Imminent Demise.* Concludes That If Commission Were to Transfer Shoreham Licenses to Lipa,Nrc Could Find Itself W/Class 103 Facility W/O Licensee.W/Certificate of Svc ML20091H8661991-12-18018 December 1991 Lilco Opposition to SE2 Appeal from LBP-91-26 & LBP-91-39. Concludes That Appeal Should Be Summarily Rejected or Be Denied on Merits.W/Certificate of Svc ML20086N1661991-12-17017 December 1991 Motion for Stay of License Transfer Pending Final Order on Petition to Intervene & Request for Hearing & for Addl or Alternative Stay.W/Certificate of Svc ML20086M0791991-12-16016 December 1991 Certificate of Svc.* Certifies Svc of Petitioner Notice of Appeal & Brief in Support of Appeal in Proceeding to Listed Individuals ML20086J6351991-12-0909 December 1991 Lilco Opposition to Petitioners Contentions on License Transfer Amend.* Concludes That License Transfer Amend Contentions Be Rejected & Petitioner Request to Intervene Denied.W/Certificate of Svc ML20086J3521991-12-0909 December 1991 Response of Long Island Power Authority to Petitioners Joint Supplemental Petition.* Board Should Dismiss Petitions to Intervene for Lack of Standing & Reject All Contentions Proffered by Petitioners.W/Certificate of Svc ML20094E1041991-12-0909 December 1991 Response to Long Island Power Authority to Petitioners Joint Supplemental Petition ML20091G2051991-12-0303 December 1991 Brief in Support of Appeal.* Commission Should Consider Appeal on Basis That Findings of Matl of Facts Clearly Erroneous.W/Certificate of Svc ML20091G1971991-12-0303 December 1991 Notice of Appeal.* Informs of Appeal of LBP-91-26 & LBP-91-39 in Facility possession-only License Proceeding ML20086C5381991-11-18018 November 1991 Petitioner Joint Supplemental Petition.* Petition Includes List of Contentions to Be Litigated in Hearing Re License Transfer Application.W/Certificate of Svc ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* 1995-10-18
[Table view] Category:PLEADINGS
MONTHYEARML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B0621993-10-20020 October 1993 Long Island Power Authority Response to Nuclear Regulatory Commission Order of 931014.* Requests That NRC Reject State of Nj Filing.W/Certificate of Svc ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20059F0191993-10-0808 October 1993 Long Island Power Authority Reply to New Jersey Filing of 931020.* Licensee Requests That NRC Deny State of Nj Intervention Petition.W/Certificate of Svc ML20097C2631992-06-0303 June 1992 Petitioner Consented Motion to Dismiss.* NRC Should Issue Order Dismissing School District & Scientists & Engineers for Secure Energy,Inc as Petitioners in Proceeding.W/ Settlement Agreement & Certificate of Svc ML20097C2911992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeal.* Dismisses 911203 Notice of Appeal W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees Due to Encl Settlement Agreement. W/Certificate of Svc ML20097C1361992-06-0303 June 1992 Petitioners Consented Motion to Dismiss.* Petitioners by Counsel Move ASLB to Dismiss Petitioners as Petitioners for Leave to Intervene & Request for Hearing in Proceeding W/ Prejudice.W/Certificate of Svc ML20097C1081992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Appeal.* Petitioners Hereby Move to Dismiss 910628 Notice of Appeal in Matter W/Prejudice & W/Each Party to Bear Own Costs & Atty Fees.W/ Certificate of Svc ML20097C2891992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeals.* Appeals Being Dismissed Due to Encl Settlement Agreement.Nrc Should Dismiss Appeals W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees.W/Certificate of Svc ML20097C3241992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Joint Opposition to Issuance of Decommissioning Order Prior to Hearing.* W/Certificate of Svc ML20096A5921992-05-0707 May 1992 Motion to Withdraw Supplemental Filing.* Petitioners Urge NRC to Allow Withdrawal of Supplement for Good Cause Shown. W/Certificate of Svc ML20096A5311992-05-0606 May 1992 Long Island Power Authority Comments on SECY-92-140 & Response to Petitioner Joint Opposition to Decommissioning Order.* Util Urges NRC to Adopt Recommendation in SECY-92-140 & Approve Order.W/Certificate of Svc ML20096A5071992-05-0505 May 1992 Suppl to Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Supplements Joint Opposition Prior to Hearing.W/Certificate of Svc ML20095K8991992-04-29029 April 1992 Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Petitioners Urge Commission to Reject NRC Staff Proposal in SECY-92-140.W/Certificate of Svc ML20094G2261992-02-25025 February 1992 Petitioner Notice of Lilco/Long Island Power Authority Exaggeration & of Commencement of State Court Action.* NRC Should Await Ny State Decision Re Matter within Special Jurisdiction.W/Certificate of Svc ML20092K9021992-02-24024 February 1992 Petitioner Opposition to Ltr Request for Dismissal of Pages.* Suggests That Transfer of License Inappropriate at Present Time.W/Certificate of Svc ML20092K9511992-02-21021 February 1992 Response of Lilco & Long Island Power Authority to Petitioner Opposition to NRC Staff Recommendation for License Transfer Approval.* W/Certificate of Svc ML20092K8701992-02-20020 February 1992 Petitioners Opposition to NRC Staff Recommendation for Approval of License Transfer.* Urges Commission to Reject NRC Recommendation in SECY-92-041 & Remand Matter for Consideration in Normal Proceeding.W/Certificate of Svc ML20091E2661992-02-20020 February 1992 Petitioner Opposition to NRC Staff Motion to Dismiss.* Petitioners Urge NRC to Deny Staff Motion or Defer Action Until Petitioners Have Fully Developed Petitions & Supplied Detailed Contentions.W/Certificate of Svc ML20091E4011992-02-18018 February 1992 Answer of Long Island Power Authority to NRC Staff Motion to Dismiss Intervention Petitions.* Util Urges NRC to Grant Motion & Dismiss Intervention Petitions.W/Certificate of Svc ML20091E3161992-02-13013 February 1992 Lilco Response to NRC Staff Motion to Dismiss Intervention Petitions on Decommissioning Plan.* Requests That Petitions Be Struck & Petitioners Be Instructed of Possible Dismissal.W/Certificate of Svc ML20091E2941992-02-0606 February 1992 Lilco Opposition to Petitioner Request for Hearing on Shoreham Decommissioning Plan.* Informs That Util Opposes Both Requests for Hearing.W/Certificate of Svc ML20091E2741992-02-0606 February 1992 Answer of Long Island Power Authority to Intervention Petitions Concerning Shoreham Decommissioning Plan.* Requests That Petitions for Leave & Requests for Hearing Be Denied.W/Certificate of Svc & Notice of Appearance ML20091E2811992-01-22022 January 1992 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition Be Granted & Hearing Be Held.W/Certificate of Svc & Notice of Appearance ML20091E2831992-01-22022 January 1992 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition for Leave Be Granted & Hearing Held. W/Certificate of Svc & Notice of Appearance ML20086T7231992-01-0303 January 1992 Motion of Long Island Power Authority for Leave to File Supplemental Matls.* Requests That Supplemental Memorandum & Supplemental Legislative History Matls Be Filed. W/Certificate of Svc ML20086Q9281991-12-30030 December 1991 Opposition of Util to Motion for Stay of License Transfer & to Suggestion of Mootness.* Concluded That Relief Sought in Petitioner Motion & Suggestion Should Be Denied. W/Certificate of Svc ML20086Q9171991-12-30030 December 1991 Lilco Opposition to Petitioners Request for Stay & Suggestion of Mootness.* Suggests That Stay Request & Suggestion of Mootness Be Denied.W/Certificate of Svc ML20091H8261991-12-19019 December 1991 Suggestion of Mootness Due to Long Island Power Authority Imminent Demise.* Concludes That If Commission Were to Transfer Shoreham Licenses to Lipa,Nrc Could Find Itself W/Class 103 Facility W/O Licensee.W/Certificate of Svc ML20091H8661991-12-18018 December 1991 Lilco Opposition to SE2 Appeal from LBP-91-26 & LBP-91-39. Concludes That Appeal Should Be Summarily Rejected or Be Denied on Merits.W/Certificate of Svc ML20086N1661991-12-17017 December 1991 Motion for Stay of License Transfer Pending Final Order on Petition to Intervene & Request for Hearing & for Addl or Alternative Stay.W/Certificate of Svc ML20086J3521991-12-0909 December 1991 Response of Long Island Power Authority to Petitioners Joint Supplemental Petition.* Board Should Dismiss Petitions to Intervene for Lack of Standing & Reject All Contentions Proffered by Petitioners.W/Certificate of Svc ML20086J6351991-12-0909 December 1991 Lilco Opposition to Petitioners Contentions on License Transfer Amend.* Concludes That License Transfer Amend Contentions Be Rejected & Petitioner Request to Intervene Denied.W/Certificate of Svc ML20091G2051991-12-0303 December 1991 Brief in Support of Appeal.* Commission Should Consider Appeal on Basis That Findings of Matl of Facts Clearly Erroneous.W/Certificate of Svc ML20086C5381991-11-18018 November 1991 Petitioner Joint Supplemental Petition.* Petition Includes List of Contentions to Be Litigated in Hearing Re License Transfer Application.W/Certificate of Svc ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* ML20082G8971991-08-0909 August 1991 Lilco Responses to Petitioner Filings of 910805 & 06.* W/Certificate of Svc ML20082G8441991-08-0707 August 1991 Motion for Offical Notice to Correct Representation.* Moves Board to Take Official Notice of Encl NRC Records to Correct Representation Made at Prehearing Conference. W/Certificate of Svc ML20082G8571991-08-0707 August 1991 Petitioners Response to Lilco Re Physical Security Plan.* Petitioners Suggest That Util post-hearing Filing Does Not Dispose of Any Issue as to Util Compliance W/Settlement Agreement.W/Certificate of Svc ML20076D0721991-07-22022 July 1991 Petitioners First Emergency Motion for Stay.* Movants Urge Commission,In Interest of Justice,To Enjoin Lilco from Taking Any Actions Under possession-only License Which Might Moot Renewed Application for Stay.W/Certificate of Svc ML20076D1541991-07-22022 July 1991 Lilco Response to Petitioner Emergency Motions.* Believes Petitioner Emergency Motions Should Be Denied to End Frivolous Pleadings & Burdens of Time & Resources of Nrc. W/Certificate of Svc ML20076D0841991-07-21021 July 1991 Petitioners Second Emergency Motion for Stay.* Petitioners Urge Commission,Ex Parte,To Enjoin Lilco,From Any & All Acts W/Respect to Shoreham Which Would Be Inconsistent W/Nrc Representation in Court.W/Certificate of Svc ML20076D2071991-07-15015 July 1991 Lilco Opposition to Shoreham-Wading River Central School District (Swrcsd) Appeal from LBP-91-26.* Appeal Should Be Denied Due to Listed Reasons.W/Certificate of Svc ML20082D4051991-07-12012 July 1991 Lilco Opposition to SE-2s Contentions on Possession Only License Amend.* Concludes That Contentions Should Be Rejected & Request for Hearing on Possession Only License Amend Should Be Denied.W/Certificate of Svc ML20082D4001991-07-12012 July 1991 Movant-intervenors Motion for Change of Venue of Prehearing Conference.* Intervenors Request Change of Venue of 910730 Prehearing Conference from Hauppauge,Ny to Washington DC Area.W/Certificate of Svc ML20082D3891991-07-10010 July 1991 Lilco Support of NRC Staff Motion for Reconsideration of LBP-91-26.* for Reasons Listed,Nrc 910625 Motion Should Be Granted & Request for Hearing & Petition to Intervene in Amend Proceeding Should Be Denied.W/Certificate of Svc ML20082B4311991-07-0303 July 1991 Lilco Opposition to Petitioner Contentions on Confirmatory Order,Physical Security Plan & Emergency Preparedeness License Amends.* Petitioner Contentions Should Be Rejected & License Amends Denied.W/Certificate of Svc ML20082B3531991-07-0202 July 1991 Unopposed Motion for Variance in Svc Requirements.* Informs That Filing & Svc Requirements Presents No Obstacle to Filing W/Aslb or Svc Upon Any Parties.W/Certificate of Svc. Served on 910702.Granted for Licensing Board on 910702 ML20082B2461991-06-28028 June 1991 Movant-Intervenor Brief in Support Accompany Notice of Appeal.* School District Urges Commission to Reverse & Remand Dismissal Order W/Appropriate Guidance.W/Ceritifcate of Svc ML20082B2571991-06-28028 June 1991 Unopposed Motion for Variance in Svc Requirements.* Petitioners Urge ASLB to Grant Variance in Svc Procedures Requested to Allow Svc of Judge Ferguson.W/Certificate of Svc 1993-10-08
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UNITED STATES OF AMERICA p0CKETED NUCLEAR REGULATORY COMMISSION :r :
Before the Atomic Safety and Licensing Board 83 GR -9 P2:11 In the Matter of ) 1
)
LONG ISLAND LIGHTING COMPANY )
~
) Docket No. 50-322 (OL)
(Shoreham Nuclear Power Station, )
Unit 1) )
SUFFOLK COUNTY MOTION TO STRIKE PORTIONS OF THE NRC STAFF'S PROPOSED OPINION AND FINDINGS OF FACT, LILCO'S PROPOSED OPINION AND FINDINGS OF FACT, AND LILCO'S REPLY TO THE PROPOSED OPINIONS AND FINDINGS OF SUFFOLK COUNTY AND THE STAF" Suffolk County moves to strike the portions listed below, of the NRC Staff's Propcsed Opinion, Findings of Fact and Con-clusions of Law, LILCO's Proposed Opinion, Findings of Fact and Conclusions of Law in the Form of a Partial Initial De-cision, and LILCO's Reply to the Proposed Opinions, Findings and Conclusions of Suffolk County and the Staff.
Each item to be stricken is separately identified and discussed briefly below. The grounds of this motion are the same for all the items, however; each one refers to, and has the Board draw conclusions based upon data that are not in evidence on the record of this proceeding. 10 CFR S 2.754-(c) provides:
Proposed findings of fact shall be clearly and con-cisely set forth in numbered paragraphs and shall be confined to the' material' issues of fact presented on the record, with exact citations to the transcript of record and exhibits in support of each proposed finding. Proposed conclusions of law shall be set forth in numbered paragraphs as to all material issues !
of law or discretion presented on the record. '
83031002B6 830308 PDR ADOCK 05000322 O PDR
Y (emphasis added). The portions of the Staff's and LILCO's proposed findings listed below are all based upon either extra-record correspondence between LILCO and the Staff, or actions allegedly taken by LILCu subsequent to the close of the record on the pertinent contention. Accordingly, such findings fail to comply with S 2.754(c), are improper, and should be stricken.*/
Staff Opinion'and Findings
- 1. Findings 22/28:20 and 22/28:22, and Opinion at Volume la page 29.
The last sentence of each of the referenced findings, both relating to Suffolk County Contention 22, makes reference to a LILCO submittal to the Staff contained in a letter from J. L.
Smith to H. R. Denton (SNRC-812, December 15, 1982). Similarly, in the carry-over paragraph at the top of page 29 of the Staff's proposed Opinion, the following statement is made with a cita-tion to proposed finding 22/28:20:
f
- / In the introductory portion of its Reply to the proposed Tindings of Suffolk County and Staff, LILCO makes reference to the official notice provision of 10 CFR S 2.743 to support its assertion that "[t:he~ Board sua sponte may, for instance, take notice of the existence of a document that has been served on all parties, or of which the parties are legally on notice (or of other facts of which parties are on actual or legal notice),
without relying on the document's substantive content or taking the procedural steps necessary for formally supplementing the evidentiary record." LILCO Reply, Volume I, page 11 and fn. 6.
Neither that provision nor LILCO's assertion, justifies the statements that are the subject of this motion because the in-formation relied upon is not " technical or scientific fact with-in the knowledge of the Commission as an expert body," (S 2.743 (i)) nor have LILCO or the Staff invoked the official notice provision in connection with those statements. Furthermore, the findings objected to do rely on the substantive content of the extra-record materials.
N' The Applicant submitted the stress analysis results on Deccmber 15, 1982, and concluded that the loads at Shoreham from liquid discharge events would be lower than for the design basis steam condition.
The referenced LILCO submittal is not in evidence in this proceeding. It was submitted 1.ong after the completion of litigation on SC Contention 22. As a result, neither the proposed finding nor the proposed Board opinion may properly be based upon it or its contents.
- 2. Finding' 22/28:38, and Opinion ~at' Volume 1, page 30.
The referenced finding, which deals with Suffolk County Contention 28, makes reference to a January 7, 1983 letter-from J. L. Smith to H. R. Denton (SNRC-816 ) . Similarly, at the bottom of page 30, the NRC Staff's. proposed opinion states "on January 7, 1983, the Applicant submitted a commitment to make this change at Shoreham. Findings 22/28:37, 22/28:38."
The referenced LILCO correspondence is not in evidence. It is not in the record and therefore neither proposed findings nor proposed opinion may properly be based upon that document or its contents.
- 3. Opinion at Volume 2, pace '6, footnote 13.
This footnote relates to * . :u on 7B, and discusses "certain extra-record correspc..__nce between Applicant and the Staff." Specifically, a December 16, 1982 letter from LILCO to the Staff and a January 10, 1983 letter from the Staff to LILCO are discussed, clong with certain conclusions drawn by the Staff from such correspondence. Suffolk County recognizes that the record on Contention 7E has been reopened
F and that, accordingly, it is possible that all parties' findings relating to that Contention may be amended. Nonetheless, at this stage, the discussion contained in footnote 13 is expli-citly based on extra-record information and thereforr. s improper.
LILCO FINDINGS li Finding.G-14 This proposed finding relates to Suffolk County . Contention
- 21. It states:
LILCO submitted its preliminary responses on the Humphrey concerns to the Staff on August 25, 1982 and its final responses in early Decembe.. All but two of the issues were addressed in that report. The two remaining responses that relate to the RHR heat ex-changer relief valve discharge lines will be submitted to the Staff in January 1983. Those responses may
' involve a commitment by LILCO not to use the RHR steam
. condensing mode'during normal plant operation until it can be demonstrated that the hydrodynamic loads resulting from oper~ation of the RHR heat exchanger in this mode are acceptable.
The proposed finding contains no citation to the record. It refers to a LILCO " report," that apparently was submitted to the Staff in December, 1982,.as well as one anticipated in January 1983, and discusses the contents of the submittals.
Clearly, none of the discussion contained in proposed finding G-14 is based on facts in evidence. The proposed finding is therefore improper. See also discussion below under LILCO Reply, paragraph 2.
2 Finding H-23.
.The last sentence of this proposed finding states "the results of these [ piping] analysos, submitted in SNRC-812 on 4
6 e , ,
l l
? l l
December 15, 1982, demonstrate that Shoreham complies with the requirements of NUREG-0737, Item II.D.l." In referring to SNRC-812, which is not in evidence in this proceeding, and drawing conclusions from the contents of that document, this proposed finding is improper.
- 3. Finding H-37.
The last sentence of this proposed finding states: "LILCO indicated to the Staff recently that LILCO intended to imple-ment the lowered MSIV set point at the first refueling outage (letter, Smith (LILCO) to Denton (NRC) , January 7, 1983 (SNRC-816))." In referring to correspondence between LILCO and the Staff which is not in evidence, this proposed finding is L
improper.
LILCO REPLY
- 1. Volume 1,.page 193,. footnote 37.
This tootnota is contained in LILCO's general reply to Suffolk County's proposed opinion and findings on Suffolk County Contention 21. The footnote references certain "quali-fication tests" which, at the close-of the record on this con-tention had not yet been performed. The footnote states:
"These qualification tests have now been successfully completed, and the results of these tests will soon be forwarded to the Staff." Because information concerning the performance of the referenced tests or the test results is not in evidence, it is not appropriate either to cite the test completion, or draw !
conclusions concerning the results in the proposed findings or i
l
/
l I
opinion. Therefore this portion of LILCO's reply should-be stricken.
- 2. . Volume'1, pages 196-197,'and~ footnote 38, page 196.
The entire discussion contained on page 196 and page 197 up to the subheading "2. Shoreham Confirmatory Analysis, relates solely to documents submitted and actions taken subse-quent to the close of the record on SC Contention 21. These portions of the LILCO Reply refer to LILCO submittals to the Staf f on December 9, 1982 (S'NRC-80 8) and January 28, 1983 (SNRC-h.1), and discuss the contents of those submittals.
Similarly, footnote 38 on page 196, discusses the contents of SNRC-824 and also requests that LILCO's initial proposed finding G-14 (see discussion above in paragraph 1 under LILCO Findings) be replaced with a new proposed finding. The new one contains references to and conclusions drawn from the referenced extra-record correspondence from LILCO to the Staff. Furthermore, LILCO uses both its textual and footnote discussion of these extra-record materials to support its conclusion that "there is no basis in the record for SC's request for submittal of Humphrey responses." The Board cannot properly make the findings or draw the conclusions proposed by LILCo. They are based solely on data which are not in evi-dence. Accordingly, none of this LILCO discussion can properly be considered by the Board.
- 3. Volume 1, page 203, footnote 39.
This footnote is also contained in LILCO's reply to Suffolk County's propesed opinion and findings related to SC Contention
s
-7_
- 21. This footnote. refers to a reevaluation allegedly under-taken by LILCO subsequent to the close of the record on SC Contention 21. The~ footnote states "the reevaluation,'which has now been completed and will soon be forwarded to the Staff, confirms that'no code-allowables have been exceeded." Unlike items 1 and 2 above, this statement by LILCO does not even refer to a submission that has been made to the Staff; it refers to, and. asserts the conclusions supposedly contained in, a study which has not even appeared yet.- As is the case with items 1 and 2, however, LILCO's statement is based cn1 information that is not in evidence. Accordingly, this state-ment must be stricken.
- 4. Volume 1, page 212, last portion of last' sentence.
This sentence is contained in LILCO's reply to Suffolk County's proposed opinion on SC Contention 22. In stating that "[the confirmatory piping analysis] has already been submitted to the Staff in SNRC-812 dated December 15, 1982.
LILCO Finding H-23," this statement improperly references a document that is not in evidence. See also discussion in paragraph 2 above under LILCO Findings.' Therefore, it cannot properly be considered by the Board.
- 5. Volume 1, page 218.
In the full paragraph contained on this page of LILCO's response to Suffolk County's findings on SC Contention 22, LILCO references the completion of a review and a LILCO commitment,
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both of which occurred subsequent to the close of the record on SC Contention 22. The second and third sentences of this paragraph cite LILCO Finding H-37 as the basis for its con-clusion;'that finding is discussed above in paragraph 3 under LILCO Findings. Because these statements by LILCO are based on information that is not in evidence, they must be stricken.
- 6. Volume l', page 220, reply to'Suffolk County Finding 22:16.
The last sentence of this reply cites LILCO Finding H-23 and a LILCO submittal, not in evidence and made subsequent to
, the close of the record on SC Contention 22 (SNRC- 812) , and draws conclusions based on the alleged contents of that docu-ment. Such statement is improper and cannot form the basis for a Board finding or opinion.
CONCLUSION For the foregoing reasons, Suffolk County submits that the statements and findings listed herein should be stricken from the proposed findings and reply of LILCO and the Staff.
Respectfully submitted, David J. Gilmartin Patricia A. Dempsey
Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788
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Ldwrence C. Lanpher >
, , i Karld J. Letsche !
KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N. W.
Washington, D. C. 20036 Attorneys for Suffolk County March 8, 1983
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SA'?ETY AND LICENSING BOARD In the Matrer of )
)
.LONG ISLAND LIGHTING COMPANY )
) Docket No. 50-322 (0.L.)
(Shoreham Nuclear Power Station, )
Unit 1) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of the Suffolk County Motion to Strike Portions of the NRC Staff's Proposed Opinion and Findings of Fact, LILCO's Proposed Opinion and Findings of Fact, and LILCO's Reply to the Proposed Opinions and Findings of Suffolk County and the Staff were served on the following on March 8,1983, by first class mail postage prepaid.
Lawrence J. Brenner, Esq. Ralph Shapiro, Esq.
Administrative Judge Cammer and Shapiro Atomic Safety and Licensing Board 9 East 40th Street U.S. Nucitar Regulatory Commission New York, New York 10016 Washington, D.C. 20555 _
Howard L. Blau, E s q '. '
Dr. James L. Carpenter 217 Newbridge Road Administrat~ive Judge Hicksville, New York 11801 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission W. Taylor Reveley III, Esq.
Washington, D.C. 20555 Hunton & Williams P.O. Box 1535 707 East Main St.
Mr. Peter A. Morris Richmond, Virginia 23212 Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear R'egulatory Commission 'Mr. Jay Dunkleberger Washington, D.C. 20555 New York State Energy Office Agency Building 2 Edward M. Barrett, Esq. Empire State Plaza
, General Counsel Albany, New York 12223 Long Island Lighting Company 250 Old Country Road Mineola, New York 11501 Stephen B. Latham, Esq, Twomey, Latham & Shea Mr. Brian McCaffrey P.O. Box 398 Leng Island Lighting Company 33 West Second Street 175 East Old Country Road Riverhead, New York 11901 Hicksville, New York 11801
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Marc W. Goldsmith Mr. Jeff Smith l Energy Research Group, Inc. Shoreham Nuclear Power Station 1 400-1 Totten Pend Road P.O. Ecx-618 Waltham, Massachusetts -02154 North Country Road Wading River, New York 11792 Joel Blau, Esq. MHB Technical Associates New York Public Service Commission 1723 Hamilton Avenue The Governor Nelson A. Rockefeller Suite K Building San Jose, California 95125 Empire State Plaza A'bany, New York 12223 Hon. Peter Cohalan Suffolk County Executive David J. Gilmartin, Esq. County D:ecutive/ Legislative Suffolk County Attorney Building County Executive / Legislative Bldg. Veterans Memorial Highway Veterans Memorial Highway Hauppauge, New York 11788 Hauppauge, New York 11788 Ezra I. Bialik, Esq.
Atomic Safety and Licensing . Assistant Attorney General Board Panel Environmental Protection Bureau U.S. Nuclear Regulatory Commission New York State Department of Washington, D.C. 20555 Law 2 World Trade Center Docketing and Service Section New York, New York 10047 Office of the Secretary U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 2G555 . Appeal Board
? U.S. Nuclear Regulatory Bernard M. Bordenick, Esq. Commission David A. Repka, Esq. Washington, D.C. 20553 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Matthew J. Kelly, Esq.
Staff Counsel, New York Stuart Diamond State Public Service Comm.
Environment / Energy Writer 3 Rockefeller Plaza NEWSCAY Albany, New York 12223 Long Island, New York 11747 Stewart M. Glass, Esq.
Daniel F. Brown, Esq. Regional Counsel Atomic Safety and Federal Emergency Management Licensing Board Panel Agency -
U.S. Nuclear Regulatory Commission 26 Federal Plaza Washington, D.C. 20055 New York, New York 10278 r/
Kafla J. Let/ch'e KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS DATE: March 8, 1983 1900 M Street, N.W., 8th Floor Washington, D.C. 20036
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