ML20082B257

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

ML20082B257
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/28/1991
From:	Mcgranery J DOW, LOHNES & ALBERTSON, SCIENTISTS & ENGINEERS FOR SECURE ENERGY, SHOREHAM-WADING RIVER CENTRAL SCHOOL DISTRICT, NY
To:	Atomic Safety and Licensing Board Panel
References
CON-#391-11926 91-631-03-OLA-2, 91-631-3-OLA-2, OLA-2, NUDOCS 9107150072
Download: ML20082B257 (4)

Text

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//9zG UNITED STATES OF AMERICA h, NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 91 fl -1 P <1 :27 Before Administrative Judgas: ,

Morton B. Margulies, Chairman hi Dr. George A. Ferguson Dr. Jerry R. Kline

)

In the Matter of ) Docket No. 50-322-OLA-2

)

LONG ISLAND LIGHTING COMPANY ) ASLBP No. 91-631-03-OLA-2

)

(Shoreham Nuclear Power Station, ) (Possession Only License)

Unit 1) )

)

UNOPPOSED MOTION FOR VARIANCE IN SERVICE REOUIREMENTS By Memorandum and Order of June 13, 1991 (" June 13 Order"), the Atomic Safety and Licensing Board ("ASLB") in the above-captioned matter ordered the parties to this proceeding, among other things, to make certain filings with the ASLB including service on the participants "in hand" according to a schedule set out therein. June 13 Order at 19.

It has come to the attention of Petitioners Shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy Inc. (" Petitioners") that this filing and service requirement presents no obstacle to the filing with the ASLB or service upon any of the parties due to either geographical proximity or the availability of telecopy, except in the cast of service on Administrative Judge George A. Ferguson who resides in Columbia Beach, Maryland, and does not have access to a telecopy.

k 9107150072 910628 PDR ADOCK 05000322 39 0b G PDR

For the convenience of the parties, Petitioners move that Petitioners and each of the other parties be allowed to make service on Judge Ferguson by Federal Express or equivalent for next day delivery (in the case of Petitioners, Saturday delivery) if Judge Ferguson does not consider that he would be prejudiced by this variance in the service procedure.

Undersigned counsel has been authorized by Counsel for the NRC Staff, Mitzi A. Young, Esq., and Counsel for LILCO,

- Donald P. Irwin, Esq., to represent that neither the NRC Staff nor LILCO oppnses the granting of this motion.

This motion is being filed with the ASLB Chairman by telecopy and by mail, with Judge Ferguson by Federal Express (next day delivery) and with the Secretary by mail, and is being served on the balance of the service list by mail.

WHEREFORE, Petitioners urge the ASLB to grant the variance in service procedures requested-to allow service of Judge Ferguson by Federal Express or equivalent on the dates indicated in the June 13 Order for next day delivery.

Respectfully submitted, June 28, 1991 (

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r~ , 1 Jp, esp. McGranery, J-

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dOW, LOHNES & ALBERT Suite 500 1255 Twenty-Third Street, N.W.

Washington, D.C. 20037

-(202) 857-2929 Counsel for Petitioners Shoreham-Wading River Central School District and Scientists &

Engineers for Secure Energy, Inc.

a f* :

• 1 UNITED STATES OF AMERICA f[h.fE NUCLEAR REGULATORY COMMISSION

'91 dl -1 P4 :27

- REFORE THE ATOMIC SAFETY AND LICENSING BOARD

m. . ; .

me )

{iUChi i % . C 'r i d J i4 A Nth i

)

_In the Matter of

) Docket No. 50-322-OLA-2

)

LONG. ISLAND LIGHTING COMPANY ) ASLBP No. 91-631-03-OLA-2

)

(Shoreham Nuclear Power Station, ) (Posession Only License)

Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies-of the Petitioners' Unopposed Motion for-Variance in? Service Requirements in the above-captioned proceeding have

-been served on the following by first-class mail,fpostage prepaid (except as otherwise indicated below) on this 28th day of June, 1991:

Morton B..Margulies, Chairman. Jerry R. Kline Administrative Judge Administrative-Judge

%.AtomicLSafety.& Licensing Board Atomic Safety &-Licensing Board U.S. Nuclear _ Regulatory Commission U.S. Nuclear Regulatory Commission Washington,-D.C. 20555- Washington, D.C. 20555 (by-mail-and-telecopy)

George A'.--Ferguson Stephen A. Wakefield, Esq.

AdministrativeLJudge General. Counsel 5307.Al Jones: Drive U.S. Department of Energy Columbia Beach, Maryland 20764 1000 Independence Avenue (by Federal Express Room 6A245 Saturday ~ delivery) Washington, D.C. 20585 .

W. Taylor.Reveley, III,-Esq.- Samuel A. Cherniak, Esq.

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

Hunton &'. Williams;

~

Bureau of Consumer Frauds Riverfront Plaza, East Tower and Protaction

? 951 East Byrd Street 120 Broadway Richmond, Virginia 23219-4074 New1 York, New York _10271' Michael R. D21and, Chairman Gerald C. Goldstein, Esq.

. Executive Office of the President Office of General Counsel Council on Environmental Quality- Newl York Power Authority

'722 Jackson Place, N.W. 1633 Broadway Washington,-D.C. 20503 New York, New York 10019

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Stanley B. Klimberg, Esq. Nicholas S. Reynolds Executive Director & David A. Repka General Counsel Winston & Strawn Long Island Power Authority 1400 L Street, N.W.

200 Garden City Plaza, Suite 201 Washington, D.C. 20005 Garden City, New York 11530 Carl R. Schenker, Jr., Esq. Edwin J. Reis, Esq.

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

555 13th Street, N.W. Office of General Counsel Washington, D.C. 20004 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 j /-)d % ,

JA es P. McGranery,Jrf unsel for the Peti 'oners

, Shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy, Inc.

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