ML20076D084
| ML20076D084 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/21/1991 |
| From: | Mcgranery J DOW, LOHNES & ALBERTSON, SCIENTISTS & ENGINEERS FOR SECURE ENERGY, SHOREHAM, NY |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#391-12015, CON-#391-12016, CON-#391-12017 OLA, OLA-2, NUDOCS 9107260046 | |
| Download: ML20076D084 (5) | |
Text
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l 20/ 5&
', pot (Lol7 UllITED STATES OF AMERICA
$.Y i
I flOCLEAR REGULATORY COMMISSIOli HEEQAE 111E_C911111ElilOli
'91 fl 22 h? 10
)
In the Matter of
)
Docke; 11os. 50-322,
)
50-322-OLA and LO11G ISLA!1D LIGilTI!JG COMPA!JY
)
50-322-OLA-2
)
(Shoreham 11uclear Power Station,
)
Unit 1)
)
)
PETI TI Q!1ERS ' EKQlllLffiEILGIllpY 112T101LJESTAY Movants Shoreham-Wading River Central School District and Scient.ists and Engineers for Secure Energy, Inc., movant-intervenors in the above-captioned matters, move the Commission to enjoin the Long Island Lighting Company ("LILCO") from taking any actions (including but not limited to tne destruction of records and the disassembly, destruction or disposal of equipment) which would be inconsistent with the U.S. 11uclear Regulatory Commission's ( "!!RC" ) representation to the U.S.
Court of Appeals for the District of Columbia Circuit that "if on appeal this Court vacates the POL amendment, the license will simply revert to the rap t us nug ante -- J. e., a full powcr 1iconse."
U.S.
App.
D.C. Docket lio n. 91-1301 and 91
'.140, Opposition by U.S.
11uclear Regulatory Commission to Petitioners' Motion for Emergency Stay at 19n.11 (filed July 12, 1991).1/
1/
Movants' counsel has advised the 11RC Secretary, counsel f or the 11RC staf f, and the Long Island Power Authcrity, as well as the Commission's counsel in the U.S.
Court of Appeals, of this motion by telephone on Sunday, July 21, 1991 and has been attempting to so advise L1LCO's counsel.
9107260046 910721 PDR ADOCK 050003R2
/# #
0 PDR
2-i Having made that representation to the Court, Novants suggest that this Commission is bound to pres,orvo that. Court's power to vacate the POL amendment and allow the license to
" simply revert to the status quo ante -- 1 A, a iul) power license."
Petitioners recognize that, in their Reply before the U.S.
Court of Appeals, they argued that the Court might not havo l
the ability to vacate the POL in any meaningful fashion.
U.S.
App.D.C. Docket Nos. 91-1301 &-91-1140, Petitioners' reply to
-Oppositions~to Their Emergency Motions at 7-8 (filed July 17, 1991).
However, given the Court's failure to express its reasons for denyjng Petitioners' Emergency Motion, neither the Commission nor Petitioners can havo any confidence as to the weight the Court gave the Commission's representation that the Court's power to vacate the p0L and return a full power license to LILCO for Shoreham would not be mooted.
In these circumstances, Petitioners suggest that'the Commission must presume that the j
Court _gave that representation great weight.
This is especially
[
true in light of the Court's reliance-on WMATC v. Hol.iday Tourru I
.Ing_, 559 F.2d 841 (D.C. Car. 1977), which gives primacy to the.
consideration of the possibility of irreparable harm in deciding whether'to issue stays.
-In further support of this motion, Petitioners note that they are not asking this Commission to requiro LILCO to take affirmativo acts which would cause the expenditure of any und'?
amount of funds,' but only to prevent LILCO from expending funds l
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i and-efforts in destructive acts pending the Court of Appeals' consideration of the meritu of the Petitions for Review in that i
Court.
Given the exigencies of time, Novants suggest that it
-would be appropriate for the Commicsion to preliminarily enjoin LILCo, n partq, from destructive actions pending further later consideration of enjoining LILCO from such actions pending the completion of judicial review of the petitions pending in the U.S.
Court of Appeals.
WHEREFORE, Petitlenern urge the Commission, a pants.,
to enjoin LILCo, at least on a prolininary basis, from any and all. acts with respect to Shoreham which would be inconsistent with the Commission's representation to-the Court that that Court will, on consideration of the merits, have the power to vacate the POL and return a full power operating license to Shoreham-without the interim stay of the POL, Respectfully submitted, l
/.) A o/
July 21, 1991
,u Jpmes P. McGranery, p..
Dow, Lohnes t. Albertson Suite 500-1255 Twenty-Third St.,'N.W.
Washington, D.C.
20037 (202) 857-2929_
Counsel for Movant-Intervenors Shoreham-Wading River Central School District and Scientists I
and Engineers for Secure Energy, Inc.
,1 % ;i ',
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'91 JJL 22 n2:00 HEEQRE_lllE _CD11t4UW1Q11 i
t
'# y,,',]
i1f In the Matter of
)
Dochet Hos. 50322,
)
50-322-oLA and LONG ISLAND LIGi!TIllG COMPAliY
)
S0-322-OLA-2
)
(Shorehcm Nuclear Power Station,
)
Unit 1)
)
)
QERTIPICATE or SERylg.E I hereby certify that copies of the Petitioners' First Emergency i
' 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, 19913
- Morton B Margulies, Chairran Jerry R.
Kline Administrative Judge Administrative Judge Atomic Safety & Licensing Board Atomic Safety & Licensing U.S. Nucicar Regulatory Commission Board 4350 East West Highway U.S.
Nuclear Regulatory Bethesda, Maryland Commission Wachington, D.C.
20555
. George A.
Ferguson Thomas S.
Moore Administrative Judge Administrative Judge Atcmic Safety & Licensing Board Alternate Chairman U.S. Nuclear Regulatory Commission Atomic Safety & Licensing 5307 Al Jones Drive Board 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 & Wi311ams Bureau of Consumer Frauds Riverfront Plaza, East-Tower and Protection 951' East Byrd Street 120 Broadway Richmond, Virginia 23219-4074 New York,.New York 10271 (by telecopy)-
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Michael R.
De]and, Chairman Gerald C.
Goldstein, Esq.
Executive Office of the President Office of General Couns31 Council on Environmental Quality 11ew York Power Authority 722 Jackson Place, la. W.
1633 Broadway Washington, D.C.
20503
! Jew York, llew York 10019 Stanley B.
Klimberg, Esq.
Nicholas S.
Reynolds Executive Director &
David A.
Repha General Counsel Winston & Strawn Long Island Power Authority 1400 L Street, 11. W.
200 Garden City Plaza, Suite 201 Washington, D.C.
20005 Garden City,11ew York 11530 Carl R.
Schenker, Jr.,
Esq.
Edwin J.
Reis, Esq.
O'Melveny & Myers Mitzi A.
Young, Esq.
555 13th Street, 14. W.
Office of General Washington, D.C.
20004 Counnel (by telecopy)
U.S.
!Juclear Regulatory commission Washington, D.C.
20555 (by telecopy)
Stephan A. Wakefield, Esq.
General Counsel U.S.
Department of Energy 1000 Independence Avenue Room 6A245 Washington, D.C.
20585
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W ~ h(/
s=w.n.
McGranery, IV.
Itus P.
Lohnes&Alber[gon w,
Suite 500 1255 Twenty-Third St.,
14. W.
Washington, D.C.
20037 (202) 857-2929 Counsel for the Movant-Intervenorn Shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy, Inc.
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