ML20072B368

Forwards Motion for low-power Ol.Request Involves Evaluation of Onsite Emergency Preparedness,Contested Health & Safety Issues & Offsite Emergency Preparedness.W/O Encl

ML20072B368
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/08/1983
From:	Reveley W HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Brenner L, Carpenter J, Morris P Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8306130411
Download: ML20072B368 (5)

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.04-888-550s OtRECT DI.L ,eo.304 788 June 8, 1983 Lawrence Brenner, Esq. Dr. James N. Carpenter Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Peter A. Morris Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 2'555 0 Long Island Lighting Company .

Shoreham Nuclear Power Station, Unit 1 Docket No. 50-322 OL Low-Power License Application

Dear Judges:

Enclosed is the " Applicant's Motion for Low-Power ,

Operating License," which LILCO is filing today pursuant to 10 C.F.R. 5 50.57(c). LILCO asks that this Board consider and rule on the motion.

8306130411 830600 PDR ADOCK 05000322 O PDR.

o . , D, , . l l HUNTON Se WILLIAMS We see Shoreham's request for a low-power license as clearly involving two separate elements, and perhaps a third:

1. Onsite emergency preparedness;

2. The contested health and safety issues other than emergency planning, insofar as they bear on the safety of low-power operation; and perhaps

3. Reasonable assurance that offsite emer-gency preparedness will eventually exist (the issue raised by this Board's April 20 order certifying the low-power qu's- e tion to the Commission).

The first two of these elements are all that need be resolved under the plain words of 10 C.F.R. 55 50.47(d) and 50.57(c). The first element, onsite emergency preparedness, has already been resolved, so far as the Licensing Board is concerned, by the intervenors' default in " Phase I" of the emergency planning litigation. The second element, all other contested health and safe-ty issues, is still before this Board. You have indicated that: Without considering the possible large effect of a reopening of the record, the Board currently believes it will be able to issue its Partial Initial

llUNTON Oc WILLIAMS Decision on matters other than emergency planning around the end of July, 1983. Memorandum and Order Referring Denial of Suffolk County's Mo-tion to Terminate to the Appeal Board and Certifying Low-Power

 ,      License Question to the Commission (Through the Appeal Board),

LBP-83-21, slip op. 21 (Apr. 20, 1983). The third element, concerning offsite emergency pre-l paredness, comes from.the Board's April 20 order just cited. LILCO will seek to resolve this matt'er both before the Commis-sion (by briefing the certified question, if the Commission ac- ! cepts it and asks for briefs) and through litigation of offsite issues 1/ before the new Board that has been constituted to 1/ The Board's April 20 order stated in part: It may be that our present inability f to find reasonable assurance that full-power emergency preparedness requirements can in the future be met for Shoreham will not be resolved unless and until our ini-tial decision on the merits of the impend-ing offsite emergency plan litigation finds otherwise. However, changes in circum-stances, or facts developed as part of the hearing process, could support the conclu-sion prior to issuance of our initial deci-sion on emergency planning that there is no longer apparent any factual bar to the eventual development of offsite emergency preparedness adequate to support issuance (footnote continued)

t .- . +- HUNTON & WILLIAMS con' sider offsite emergency planning matters. To pursue further a prompt resolution of this third ele-ment, LILCO will also file with the Commission an application for a temporary operating license, once the regulations imple-menting section 11 of the 1982-83 NRC Authorization Act, Public Law No. 97-415, become final. By LILCO's motion under 10 C.F.R. 5 50.57(c) and by its anticipated application under section 11 of Public Law No. 97-415, the Company hopes to crystallize and have decided what-ever low-power issues remain. The impetus behind'these ac-tions, of course, is the pressure of time. While the construc-tion schedule for Shoreham has slipped in the past, so also has the licensing schedule slipped. The plant is scheduled to be physically ready for fuel loading by August of this year, and it-becomes increasingly apparent that suffolk County and the other intervenors will vigorously litigate offsite preparedness matters well past that date. Accordingly, LILCO feels that it is important to establish its right to a low-power license. (footnote continued) of a full-power operating license. LBP-83-21, slip op. 14 (emphasis added).

 . ?.

HuxTox & WILLIAxs We are sending a copy of this letter and the attached motion to the NRC Commissioners and to the Offsite Emergency Planning Licensing Board, as well as to the patties on the or-dinary service list, since all of them have an interest in the matter. Yours very truly, W. ldd a r Reveley, III[ cc: Service List The Commissioners James A. Laurenson, Esquire Dr. Jerry R. Kline . Dr. M. Stanley Livingston I

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