ML20076N117

Motion of Mm Cuomo,Governor of New York,To File Reply as Friend of Commission in Opposition to Joint Motion to Stay or Vacate License Issuance & Other Matters.* NRC Should Not Stay Proceeding

ML20076N117
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/22/1991
From:	Donaldson C NEW YORK, STATE OF
To:	NRC COMMISSION (OCM)
Shared Package
ML20076N122	List: ML20076N117 ML20076N138
References
CON-#191-11582, CON-#191-11583, CON-#191-11584 OLA, OLA-2, NUDOCS 9103280105
Download: ML20076N117 (2)

Text

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-... .._......x In the Matter  : 0*i y;[,[' '" I long Island Lighting Company  : Docket No. 50 322 (Shoreham Nuclear Power Station  :

Unit 1) x MOTION OF MARIO M. CUOMO, GOVERNOR OF NEW YORK, TO FILE A REPLY AS FRIEND OF TITE COMMISSION IN OPPOSITION TO THE JOINT MOTION TO STAY OR VACATE -

LICENSE ISSUANCE AND O'111ER MATI'ERS Pursuant to 10 CFR S 2.715, Mario M. Cuomo, Governor of New York ("New York"), moves, by Robert Abrams, Attorney General of the State of New York, for permission to file as friend of the Commission a reply in opposition to the Joint Motion to Stay or Vacate IJcence issuance and Other Matters (" Motion") filed in this proceeding on March 8,1991, by Shoreham Wading River School District and Scientists and Engir cers for Secure Energy, Inc. (" petitioners").

New York's interest is that Ne v York is a party to the Shoreham Settlement

(" Settlement") that Petitioners have sought unsuccessfully to invalidaw in the courts of New York, which litigation is the ground petitioners rely upon for their request that the Nuclear Regulatory Commission ("NRC") stay further consideration of, or vacate, the issuance of a possession only license for Shoreham, in their Motion, petitioners have mischaracterized their changes of prevailing in the New York State Cour; of Appeals and the availability 9103200105 910322 DR ADOCK OS0 g 2 OS

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l ofinterlocutory relief from the Court of Appeals. Petitioners erroneously assert that there ]

is a high probability that the Court of Appeals will set aside the Settlement, and further i

that the Court of Appeals has no authority to provide petitioners protection of their interests pending a decision on the merits of their appeals. New York wishes to correct these mischaracterizations, and to show that there is no reason for the NRC to stay this proceeding.

Dated: New York, New York March 22,1991 Respectfully submitted, 0" ,%lW Charlie Donaldson Assistant Attorney General Attorney for Mario M. Cuomo, Governor of the State of New York John W. Corwin Samuel A. Cherniak Assistants Attorneys General Of Counsel l

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