ML20088A058
| ML20088A058 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/03/1984 |
| From: | Palomino F NEW YORK, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| OL-4, NUDOCS 8404100490 | |
| Download: ML20088A058 (5) | |
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4/3/84 00pf,.T,Er sv UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '84 APR -9 All :10 Before the Atomic Safety and Licensino Board F EU. :.
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In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL
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Unit 1)
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MOTION BY GOVERNOR CUOMO TO DELETE PROVISION IN THIS BOARD'S ORDER OF MARCH 30, 1984 MANDATING EXPEDITIOUS CONSIDERATION AND DETERMINATION OF ISSUES RAISED IN LILCO'S SUPPLEMENTAL MOTION while there may arguably be a basis in the Order of Judge Cotter for the appointment of a new Licensing Board to decide the issues raised in LILCO's Supplemental Motion for a Low Power License (filed March 20, 1984), there is no valid basis for the provision in the Order of that new Board mandating an " expedited consideration and determination" of those issues.
The people of the Sovereign State of New York are entitled to constitutional due and 6rderly process in these proceedings as well as to the benefit of the Administrative Procedure Act which spells them out.
No exception is provided in either the Federal Constitutional Requirements of due process or the Administrative Procedure Act for NRC 7
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The Order of Judge Cotter does not direct that there be an expedited consideration and determination of the issues raised by LILCO's Supplemental Motion.
Nor does it provide any reason warranting such expeditious consideration and determination.
The State of New York may not be deprived of these substantial rights by administrative fiat or whim.
No reason has been assigned for such a radical action in the March 30, 1984 Order of this Board.
Indeed, as fully set forth in papers previously filed by the State of New York in this Supplemental Proceeding, there is no valid reason assigned by LILCO which warrants expeditious consideration and determination of the issues raised by that Motion.
Furthermore, the Order of this Board effectively prevents an expeditious consideration and determination of the issues raised by LILCO's Supplemental Motion.
Inasmuch as LILCO is relying upon the TDI emergency diesel generators currently on site and inasmuch as the said Order of this Board precludes it from deciding issues of the operability and reliability of the TDI emergency diesels, no decision can be made by this Board until the Brenner Board determines the issues of operability and reliability of those diesel generators.
For all of the above reasons, especially the denial of due process entailed thereby, the State of New York strenuously objects to the provision in the aforesaid Order l
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mandating an expeditod consideration and datorminction of tho issues raised in the Supplemental Motion for a low power operating license filed by LILCO and requests that the same be deleted therefrom.
The State of New York reasserts its request for the setting of a schedule for the prompt resolution of the threshhold issues raised in the papers previously filed by Suffolk County in its Preliminary Views which was joined in and supported by the State of New York.
Respectfully submitted, ci u h'l
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v FABIAN G. PALOMINO Special Counsel to the Governor of New York State Executive Chamber Room 229 Capitol Building Albany, New York 12224 Attorney for MARIO M.
CUOMO Governor of the State of New York April 3, 1984 e
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UNITED STATES OF AMERICA 00UEU-NUCLEAR REGULATORY COMMISSION UW Before the Atomic Safety and Licensino Boad u*
APR -9 All :10
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In.the Matter of
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Ch m.L LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322 OM;Mca
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(Low Power)
(Shoreham Nuclear Power Station)
Unit 1)
_______________________________))
CERTIFICATE OF SERVICE I hereby certify that copies of MOTION BY GOVERNOR CUOMO TO DELETE PROVISION IN THIS BOARD'S ORDER OF MARCH 30, 1984 MANDATING EXPEDITIOUS CONSIDERATION AND DETERMINATIO ISSUES RAISED IN LILCO'S SUPPLEMENTAL MOTION, dated April 3, 1984, have been served to c'he following this 3rd day of April 1984 by U.
S. Mail, first class, except as otherwise indicated.
Marshall E. Miller, Chairman ##
Atomic Safety and Licensing Board Ralph Shapiro, Esq.
U. S. Nuclear Regulatory Commission Cammer and Shapiro 9 East 40th Street Washington, D.
C.
20555 1
M r. Glenn O. Bright ##
0 Administrative Judge Bernard M. Bordenick, Esq.##
Atomic Safety and Licensing Board David A. Repka, Esq.
U. S. Nuclear Regulatory Commission U.S. Muclear Regulatory Com.
Wa:Lington, D. C. 20555 Washington, D. C. 20555 Ms. Elizabeth B. Johnson ##
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Administrative Judge Taylor Reveley, III, Esq.
Atomic Safety and Licensing Board Hunton & Williams P. O. Box 1535 U. S. Nuclear Regulatory Commission Washington, D.-C.
20555 707 East Main Street-Richmond, Virginia 23212 Edward M. Barrett, Esq.
Gnneral Counsel Mr. Jay Dunkelberger Long Island Lighting Company New York State Energy Office 250 Old Country Road Agency Building 2 l
Mineola, New York 11501 Empire State Plaza l
Albany, New York 12223 l
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W Stewart M. Glass, Esq.
James B. Dougherty, Esq.
Regional Counsel 3045 Porter Street, N. W.
Federal Emergency Management Agency Washington, D. C. 20008 New York, New York 19278 l
Mr. Brian R. McCaffrey Mr. Mark W. Goldsmith Long Island Lighting Company Energy Research Group, Inc.
Shoreham Nuclear Power Station 400-1 Totten Pond Road P. O. Box 618 Waltham, Massachusetts 02154 North Country Road Wading River, New York 11792 Joel Blau, Esq.
MHB Technical Associates New York Public Service Commission 1723 Hamilton Avenue The Governor Nelson A. Rockefeller Suite K Building San Jose, California 95125 Empire State Plaza Albany, New York 12223 Martin Bradley Ashare, Esq.
Hon. Peter F. Cohalen Suffolk County Attorney Suffolk County Executive H. Lee Dennison Building H. Lee Dennison Building Veterans Memorial Highway Veterans Memorial Highway Happauge, New York 11788 Hauppauge, New York 11788 Atomic Safety and Licensing Lawrence Coe Lanpher, Esq.
Board Panel Kirkpatrick, Lockhart, Hill U.
S.
Nuclear Regulatory Commission 1900 M Street, N. W.
1 Washington, D. C.
20555 Washington, D. C. 20036 Docketing and Service Section Atomic Safety & Licensing Office of the Secretary Appeal Board U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory 1717 H. Street, N. W.
Commission Washington, D. C. 20555 Washington, D. C. 20555 i
Jonathan D.
Feinberg, Esq.
Stephen B. Latham, Esq.
Staff Counsel Twomey, Latham & Shea NYS Public Service Commission P. O. Box 3 9 8 3 Rockefeller Plaza 33 West Second Street Albany, New York 12223 Riverhead, New York 11991 Mr. Stuart Diamond C
Environment / Energy Writer FABIAN G.. PALOMINO
"**Av NEWSDAY Special Councel to.the Long Island, New York 11747 Governor of New York State Executive Chamoer Room 229 66 By Telecopier Capitol Building j
Albany, New York 222224 7,
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