ML20076D072

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

ML20076D072
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	07/22/1991
From:	Mcgranery J DOW, LOHNES & ALBERTSON, SCIENTISTS & ENGINEERS FOR SECURE ENERGY, SHOREHAM-WADING RIVER CENTRAL SCHOOL DISTRICT, NY
To:	NRC COMMISSION (OCM)
References
CON-#391-12012, CON-#391-12013, CON-#391-12014 OLA, OLA-2, NUDOCS 9107260043
Download: ML20076D072 (5)

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!2,o14 UNITED STATES OF AMERICA M kl .ai -

NUCLEAR REGULATORY COMMISSION EfRRE_Ilifd.Q11 MISSION .g g gg jp gg -

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In the Matter of ) Docket 14on."50-322,

) 50-322-OLA and LONG ISLAND LIGHTING COMPANY ) 50-322-OLA-2

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(Shoreham 14ucicar Power Station, )

Unit 1)- )

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PETITIONERS' FIESI_IlirRGEfIQL_MOTIOll_EQR ftIAY ,

Shoreham-Wading River Centra) School District and Scientists and Engineers for Secure Energy, movant-intervonors in.  !

the above-captioned matter ("Movants"), hereby move, by counsel, ths. U.S. Nuclear Regulatory Commission ("NRC") to order the Long Island Lighting Company ("LILC0") to take no action pursuant to the possession-only license (" POL") for the Shoreham Nuclear Power Station, Unit 1 ("Shoreham") pending the U.S. Supreme Court's consideration of Petitioners' renewed application for stay to Mr. Justice John Paul Stevens pursuant to Supreme Court Rule 22.5. There is good cause to grant this motion on an emergency and even p.x parte bosis to preserve the jurisdiction of the-U.S. Supreme court to consider this.important matter.U In the morning of July 19, 1991, the U.S. Court of Appeals for the District of Columbia's Circuit denied Petitioners' (in that Court) Emergency Motion _for_ stays of i

1/ Movants' counsel has advised the NRC Secretarl counsel'for the NRC staff, and the Long Island Power Authority, as well as the Commission's counsel in the U.S. Court of Appeals, of this l

motion by telephone on dunday, July 21, 1991 and has been j attempting to so advise LILCO's counsel.

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issuance of the POL in that court. That same afternoon, l

Petitioners submitted an application for stay of the POL to H1.

t Chief Justice Rehnquist. At approximately noon on Saturday, July

- 20,.1991, Petitioners were informed by the U.S. Supreme Court Clerk's office that the Chiof Justice had entered " denied" and l

~ his initials.on the application. At that t. counsel for f

Petitioners informed the Suprene court Clerk's Office of their intention to renew their application before Mr. Justice Stevens as of the-opening of the Clerk's Office on Monday, July 22, 1991, sta*ing also that counsel for the Petitioners hoped that he would be authorized by counsel for LILCO to represent that LILCO would ,

take no action pursuant to the POL which might moot Mr. Justico Stevens' consideration of the matter.

Immediately, undersigned counsel made n request for such an authorization to LILCO's counsel, Donald P. Irwin, Esq. ,

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Mr. Irwin-said he would consult with LILCO management and advice of its decision. ter, Mr. Irwin stated that certain peruons were unavailable but that he would inform undersigned counsel as soon:as possible or in any event by 8:00 A.M. on Monday morning.

-5 As of 4t00 p.m. on Sunday, July 21, 1991, there has been no

- response.

Undersigned counsel does not doubt the good faith of LILCO's-counsel's efforts to obtain a decision from LILCO management,_but. considers tnat this emergency motion is necessary

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at this time, lest the commission's ability to issue the ,

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3- l appropriate orders to LILCO would be morted by an adverse decision of the lith hour and Petitioners' counsel's .4nability to l

present an appropriate and timely motion for the Commist. ion to consider before such actions might be taken. I I

WHEREFORE, Movants urge the Commission, in the interest j of justice, to enjoin LILCO from taking any actions under the POL l which might noot their renewed application for stay before Mr.

Justice Stevens.

Respectfully submitted,

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Jqmes P. McGranery, 4d/

Do\v, Lohnes & Alberts'on Suite 500 1255 Twenty-Third St., N.W.

Washington, D.C. 20037 (202) 857-2929 . .

Counsel for the Movant-Intervenors Shoreham-Wading River Central

. School District and Scientists and Engineers for Secure Energy, Inc.

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UNITED STATES OF AMERICA dj"'

*/ ' I NUCLEAR REGULATORY COMMISSION i BEFORE TJ1E__CQElilES.LQli '9) ,R 22 PQ m

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In the Hatter of ) Docket Nos' IOY322, .

) 50-322-OLA and LONG ISLAND LIGHTING COMPANY ) 50-322-OLA-2

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(shoreham Nuclear Power Station, )

-Unit 1) )

. _ _ . ) .

I CfBTIFICATE_OF SERVICE I hereby certify that copies of the Petitioners' First Emergency Motion in the above-captioned proceeding have been served on the following by first-class mail, postage prepaid-(except as otherwise indicated below) on this 21st day of July, 1991 Morton-B. Margulies, Chairman Jerry R. Kline Administrative Judge Administrative Judge Atonic-Safety & Licensing Board Atomic Safety & Licensing U.S. Nuclear Regulatory Commission Board 4350 East West Highway U.S. Nuclear Regulatory Bethesda, Maryland Commission Washington, D.C. 20555 George A. Ferguson Thomas S. Mooro )

Administrative Judge Administrative Judge 1 Atomic Safety & Licensing Board Alternate Chairman l U.S. Nuclear Regulatory Commission Atomic Safety & Licensing.  ;

5307 Al Jones Drive Board J Columbia Beach, Maryland 20764 U.S. Nuclear-Regulatory Commission Washington, D.C. 20555 W. Taylor Reveley, III, Esq. Samuel A. Cherniak, Esq.

Donald P. Irwin, Esq. NYS Department-of Law .

Hunton &' Williams Bureau of Consumer Frauds l Riverfront. Plaza, East Tower and Protection 351 East Byrd Street 120 Broadway Richmond, Virginia 23219-4074 New York, New York 10271 1 j (by telecopy) i L

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2- i 141chael R. Deland, Chairman Gerald C. Goldstein, Esq.  !

Executive Office of the President Office of General Counsel Counci) on Environmental Quality  ! Jew York Power Authority i 722 Jackson Place, !! . W . 1633 Broadway i Washington, D.C. 20503 liow York, 11ew York 10019 Stanley B. Klimberg, Esq. 111cholas S. Reynolds  !

Executive Director & David A. Repka General Counsel Winston & Strawn

.Long Island Power Authority 1400 L Street, li . W .

200 Garden City Plaza, Suite 201 Washington, D.C. 20005 ,

Garden City,_! Jew York 11530 Carl R.-Schenker, Jr., Esq. Edwin J. Rein, Esq.

O'Melveny & Myers Mitzi A. Young, Esq. ,

555'13th Street, !J . W . Office of General Washington, D.C. 20004 Counsel  ;

(by telecopy) U.S. 11uclear Regulatory 7 Commission i Washington, D.C. 20555 (by telecopy)

Stephen A. Wakefiold, Esq.

General Counsel U.S. Department of Energy 1000 Independence Avenue Room 6A245 Washington, D.C. 20585 )

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. , /% 4 - - - 3 .N Jpmes P. McGranery, gr D,ow, Lohnes & Albertho//--

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- Suite 500 1255 Twenty-Third St., 11. W . ,

Washington, D.C. 20037 (202)-857-2929  :

Counsel for the Movant-Intervenors-Shoreham-Wading River Central School Dictrict-and Scientists and Engineers for Secure Energy, Inc. ,

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