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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20093G4541995-10-18018 October 1995 Comment Supporting Proposed Rules 10CFR2,50 & 51 Re Decommissioning Procedures for Nuclear Power Reactors ML20058K7381993-12-0303 December 1993 Memorandum & Order CLI-93-25.* Commission Denies State of Nj Petition for Leave to Intervene & Request for Adjudicatory Hearing Filed on 931008.W/Certificate of Svc.Served on 931203 ML20058E0151993-11-14014 November 1993 Comment Opposing Proposed Rule 10CFR50 Re Exemptions in Accident Insurance for Nuclear Power Plants Prematurely Shut Down ML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20059B0621993-10-20020 October 1993 Long Island Power Authority Response to Nuclear Regulatory Commission Order of 931014.* Requests That NRC Reject State of Nj Filing.W/Certificate of Svc ML20057G2141993-10-14014 October 1993 Order.* Requests for Simultaneous Responses,Not to Exceed 10 Pages to Be Filed by State,Peco & Lipa & Served on Other Specified Responders by 931020.NRC May File by 931022. W/Certificate of Svc.Served on 931014 ML20059A4581993-10-14014 October 1993 Order Requesting Answers to Two Questions Re State of Nj Request for Immediate Action by NRC or Alternatively, Petition for Leave to Intervene & Request for Hearing. Operations Plans for Marine Transportation Withheld ML20059F0191993-10-0808 October 1993 Long Island Power Authority Reply to New Jersey Filing of 931020.* Licensee Requests That NRC Deny State of Nj Intervention Petition.W/Certificate of Svc ML20057F2191993-09-30030 September 1993 Exemption from Requirements of 10CFR50.54(q) Eliminating Licensee Requirement to Follow & Maintain in Effect Emergency Plans ML20059B1291993-09-14014 September 1993 Affidavit of Jh Freeman.* Discusses Transfer of Slightly Used Nuclear Fuel from Shoreham Nuclear Power Station to Limerick Generating Station.W/Certificate of Svc & Notice of Appearance ML20097C3241992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Joint Opposition to Issuance of Decommissioning Order Prior to Hearing.* W/Certificate of Svc ML20097C2911992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeal.* Dismisses 911203 Notice of Appeal W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees Due to Encl Settlement Agreement. W/Certificate of Svc ML20097C2891992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeals.* Appeals Being Dismissed Due to Encl Settlement Agreement.Nrc Should Dismiss Appeals W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees.W/Certificate of Svc ML20097C1361992-06-0303 June 1992 Petitioners Consented Motion to Dismiss.* Petitioners by Counsel Move ASLB to Dismiss Petitioners as Petitioners for Leave to Intervene & Request for Hearing in Proceeding W/ Prejudice.W/Certificate of Svc ML20097C2631992-06-0303 June 1992 Petitioner Consented Motion to Dismiss.* NRC Should Issue Order Dismissing School District & Scientists & Engineers for Secure Energy,Inc as Petitioners in Proceeding.W/ Settlement Agreement & Certificate of Svc ML20097C1081992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Appeal.* Petitioners Hereby Move to Dismiss 910628 Notice of Appeal in Matter W/Prejudice & W/Each Party to Bear Own Costs & Atty Fees.W/ Certificate of Svc ML20096A5921992-05-0707 May 1992 Motion to Withdraw Supplemental Filing.* Petitioners Urge NRC to Allow Withdrawal of Supplement for Good Cause Shown. W/Certificate of Svc ML20096A5311992-05-0606 May 1992 Long Island Power Authority Comments on SECY-92-140 & Response to Petitioner Joint Opposition to Decommissioning Order.* Util Urges NRC to Adopt Recommendation in SECY-92-140 & Approve Order.W/Certificate of Svc ML20096A5071992-05-0505 May 1992 Suppl to Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Supplements Joint Opposition Prior to Hearing.W/Certificate of Svc ML20095K8991992-04-29029 April 1992 Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Petitioners Urge Commission to Reject NRC Staff Proposal in SECY-92-140.W/Certificate of Svc ML20095H5611992-04-28028 April 1992 Affidavit of Lm Hill.* Affidavit of Lm Hill Supporting Util Position That Circumstances Exist Warranting Prompt NRC Action on NRC Recommendation That Immediately Effective Order Be Issued Approving Decommissioning Plan ML20094G3971992-02-26026 February 1992 Notice of State Taxpayer Complaint & Correction.* NRC Should Stay Hand in Approving Application for License Transfer as Matter of Comity Pending Resolution of Question as Util Continued Existence in Ny State Courts.W/Certificate of Svc ML20094G2261992-02-25025 February 1992 Petitioner Notice of Lilco/Long Island Power Authority Exaggeration & of Commencement of State Court Action.* NRC Should Await Ny State Decision Re Matter within Special Jurisdiction.W/Certificate of Svc ML20092K9021992-02-24024 February 1992 Petitioner Opposition to Ltr Request for Dismissal of Pages.* Suggests That Transfer of License Inappropriate at Present Time.W/Certificate of Svc ML20092K9511992-02-21021 February 1992 Response of Lilco & Long Island Power Authority to Petitioner Opposition to NRC Staff Recommendation for License Transfer Approval.* W/Certificate of Svc ML20092K8701992-02-20020 February 1992 Petitioners Opposition to NRC Staff Recommendation for Approval of License Transfer.* Urges Commission to Reject NRC Recommendation in SECY-92-041 & Remand Matter for Consideration in Normal Proceeding.W/Certificate of Svc ML20091E2661992-02-20020 February 1992 Petitioner Opposition to NRC Staff Motion to Dismiss.* Petitioners Urge NRC to Deny Staff Motion or Defer Action Until Petitioners Have Fully Developed Petitions & Supplied Detailed Contentions.W/Certificate of Svc ML20091E4011992-02-18018 February 1992 Answer of Long Island Power Authority to NRC Staff Motion to Dismiss Intervention Petitions.* Util Urges NRC to Grant Motion & Dismiss Intervention Petitions.W/Certificate of Svc ML20091E3161992-02-13013 February 1992 Lilco Response to NRC Staff Motion to Dismiss Intervention Petitions on Decommissioning Plan.* Requests That Petitions Be Struck & Petitioners Be Instructed of Possible Dismissal.W/Certificate of Svc ML20092D2931992-02-0606 February 1992 Answer Denying Petitions for Leave to Intervene & Request for Prior Hearing Re Decommissioning ML20091E2741992-02-0606 February 1992 Answer of Long Island Power Authority to Intervention Petitions Concerning Shoreham Decommissioning Plan.* Requests That Petitions for Leave & Requests for Hearing Be Denied.W/Certificate of Svc & Notice of Appearance ML20091E2941992-02-0606 February 1992 Lilco Opposition to Petitioner Request for Hearing on Shoreham Decommissioning Plan.* Informs That Util Opposes Both Requests for Hearing.W/Certificate of Svc ML20091E2831992-01-22022 January 1992 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition for Leave Be Granted & Hearing Held. W/Certificate of Svc & Notice of Appearance ML20091E2811992-01-22022 January 1992 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition Be Granted & Hearing Be Held.W/Certificate of Svc & Notice of Appearance ML20086T7231992-01-0303 January 1992 Motion of Long Island Power Authority for Leave to File Supplemental Matls.* Requests That Supplemental Memorandum & Supplemental Legislative History Matls Be Filed. W/Certificate of Svc ML20086T7541992-01-0303 January 1992 Memorandum of Long Island Power Authority Concerning Supplemental Legislative History Matls.* Supports Legislative History & Argues That License Not Subj to Termination Under Section 2828.W/Certificate of Svc ML20086Q9171991-12-30030 December 1991 Lilco Opposition to Petitioners Request for Stay & Suggestion of Mootness.* Suggests That Stay Request & Suggestion of Mootness Be Denied.W/Certificate of Svc ML20086Q9281991-12-30030 December 1991 Opposition of Util to Motion for Stay of License Transfer & to Suggestion of Mootness.* Concluded That Relief Sought in Petitioner Motion & Suggestion Should Be Denied. W/Certificate of Svc ML20091H8261991-12-19019 December 1991 Suggestion of Mootness Due to Long Island Power Authority Imminent Demise.* Concludes That If Commission Were to Transfer Shoreham Licenses to Lipa,Nrc Could Find Itself W/Class 103 Facility W/O Licensee.W/Certificate of Svc ML20091H8661991-12-18018 December 1991 Lilco Opposition to SE2 Appeal from LBP-91-26 & LBP-91-39. Concludes That Appeal Should Be Summarily Rejected or Be Denied on Merits.W/Certificate of Svc ML20086N1661991-12-17017 December 1991 Motion for Stay of License Transfer Pending Final Order on Petition to Intervene & Request for Hearing & for Addl or Alternative Stay.W/Certificate of Svc ML20086M0791991-12-16016 December 1991 Certificate of Svc.* Certifies Svc of Petitioner Notice of Appeal & Brief in Support of Appeal in Proceeding to Listed Individuals ML20086J6351991-12-0909 December 1991 Lilco Opposition to Petitioners Contentions on License Transfer Amend.* Concludes That License Transfer Amend Contentions Be Rejected & Petitioner Request to Intervene Denied.W/Certificate of Svc ML20086J3521991-12-0909 December 1991 Response of Long Island Power Authority to Petitioners Joint Supplemental Petition.* Board Should Dismiss Petitions to Intervene for Lack of Standing & Reject All Contentions Proffered by Petitioners.W/Certificate of Svc ML20094E1041991-12-0909 December 1991 Response to Long Island Power Authority to Petitioners Joint Supplemental Petition ML20091G2051991-12-0303 December 1991 Brief in Support of Appeal.* Commission Should Consider Appeal on Basis That Findings of Matl of Facts Clearly Erroneous.W/Certificate of Svc ML20091G1971991-12-0303 December 1991 Notice of Appeal.* Informs of Appeal of LBP-91-26 & LBP-91-39 in Facility possession-only License Proceeding ML20086C5381991-11-18018 November 1991 Petitioner Joint Supplemental Petition.* Petition Includes List of Contentions to Be Litigated in Hearing Re License Transfer Application.W/Certificate of Svc ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* 1995-10-18
[Table view] Category:PLEADINGS
MONTHYEARML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B0621993-10-20020 October 1993 Long Island Power Authority Response to Nuclear Regulatory Commission Order of 931014.* Requests That NRC Reject State of Nj Filing.W/Certificate of Svc ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20059F0191993-10-0808 October 1993 Long Island Power Authority Reply to New Jersey Filing of 931020.* Licensee Requests That NRC Deny State of Nj Intervention Petition.W/Certificate of Svc ML20097C2631992-06-0303 June 1992 Petitioner Consented Motion to Dismiss.* NRC Should Issue Order Dismissing School District & Scientists & Engineers for Secure Energy,Inc as Petitioners in Proceeding.W/ Settlement Agreement & Certificate of Svc ML20097C2911992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeal.* Dismisses 911203 Notice of Appeal W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees Due to Encl Settlement Agreement. W/Certificate of Svc ML20097C1361992-06-0303 June 1992 Petitioners Consented Motion to Dismiss.* Petitioners by Counsel Move ASLB to Dismiss Petitioners as Petitioners for Leave to Intervene & Request for Hearing in Proceeding W/ Prejudice.W/Certificate of Svc ML20097C1081992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Appeal.* Petitioners Hereby Move to Dismiss 910628 Notice of Appeal in Matter W/Prejudice & W/Each Party to Bear Own Costs & Atty Fees.W/ Certificate of Svc ML20097C2891992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeals.* Appeals Being Dismissed Due to Encl Settlement Agreement.Nrc Should Dismiss Appeals W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees.W/Certificate of Svc ML20097C3241992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Joint Opposition to Issuance of Decommissioning Order Prior to Hearing.* W/Certificate of Svc ML20096A5921992-05-0707 May 1992 Motion to Withdraw Supplemental Filing.* Petitioners Urge NRC to Allow Withdrawal of Supplement for Good Cause Shown. W/Certificate of Svc ML20096A5311992-05-0606 May 1992 Long Island Power Authority Comments on SECY-92-140 & Response to Petitioner Joint Opposition to Decommissioning Order.* Util Urges NRC to Adopt Recommendation in SECY-92-140 & Approve Order.W/Certificate of Svc ML20096A5071992-05-0505 May 1992 Suppl to Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Supplements Joint Opposition Prior to Hearing.W/Certificate of Svc ML20095K8991992-04-29029 April 1992 Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Petitioners Urge Commission to Reject NRC Staff Proposal in SECY-92-140.W/Certificate of Svc ML20094G2261992-02-25025 February 1992 Petitioner Notice of Lilco/Long Island Power Authority Exaggeration & of Commencement of State Court Action.* NRC Should Await Ny State Decision Re Matter within Special Jurisdiction.W/Certificate of Svc ML20092K9021992-02-24024 February 1992 Petitioner Opposition to Ltr Request for Dismissal of Pages.* Suggests That Transfer of License Inappropriate at Present Time.W/Certificate of Svc ML20092K9511992-02-21021 February 1992 Response of Lilco & Long Island Power Authority to Petitioner Opposition to NRC Staff Recommendation for License Transfer Approval.* W/Certificate of Svc ML20092K8701992-02-20020 February 1992 Petitioners Opposition to NRC Staff Recommendation for Approval of License Transfer.* Urges Commission to Reject NRC Recommendation in SECY-92-041 & Remand Matter for Consideration in Normal Proceeding.W/Certificate of Svc ML20091E2661992-02-20020 February 1992 Petitioner Opposition to NRC Staff Motion to Dismiss.* Petitioners Urge NRC to Deny Staff Motion or Defer Action Until Petitioners Have Fully Developed Petitions & Supplied Detailed Contentions.W/Certificate of Svc ML20091E4011992-02-18018 February 1992 Answer of Long Island Power Authority to NRC Staff Motion to Dismiss Intervention Petitions.* Util Urges NRC to Grant Motion & Dismiss Intervention Petitions.W/Certificate of Svc ML20091E3161992-02-13013 February 1992 Lilco Response to NRC Staff Motion to Dismiss Intervention Petitions on Decommissioning Plan.* Requests That Petitions Be Struck & Petitioners Be Instructed of Possible Dismissal.W/Certificate of Svc ML20091E2941992-02-0606 February 1992 Lilco Opposition to Petitioner Request for Hearing on Shoreham Decommissioning Plan.* Informs That Util Opposes Both Requests for Hearing.W/Certificate of Svc ML20091E2741992-02-0606 February 1992 Answer of Long Island Power Authority to Intervention Petitions Concerning Shoreham Decommissioning Plan.* Requests That Petitions for Leave & Requests for Hearing Be Denied.W/Certificate of Svc & Notice of Appearance ML20091E2811992-01-22022 January 1992 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition Be Granted & Hearing Be Held.W/Certificate of Svc & Notice of Appearance ML20091E2831992-01-22022 January 1992 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition for Leave Be Granted & Hearing Held. W/Certificate of Svc & Notice of Appearance ML20086T7231992-01-0303 January 1992 Motion of Long Island Power Authority for Leave to File Supplemental Matls.* Requests That Supplemental Memorandum & Supplemental Legislative History Matls Be Filed. W/Certificate of Svc ML20086Q9281991-12-30030 December 1991 Opposition of Util to Motion for Stay of License Transfer & to Suggestion of Mootness.* Concluded That Relief Sought in Petitioner Motion & Suggestion Should Be Denied. W/Certificate of Svc ML20086Q9171991-12-30030 December 1991 Lilco Opposition to Petitioners Request for Stay & Suggestion of Mootness.* Suggests That Stay Request & Suggestion of Mootness Be Denied.W/Certificate of Svc ML20091H8261991-12-19019 December 1991 Suggestion of Mootness Due to Long Island Power Authority Imminent Demise.* Concludes That If Commission Were to Transfer Shoreham Licenses to Lipa,Nrc Could Find Itself W/Class 103 Facility W/O Licensee.W/Certificate of Svc ML20091H8661991-12-18018 December 1991 Lilco Opposition to SE2 Appeal from LBP-91-26 & LBP-91-39. Concludes That Appeal Should Be Summarily Rejected or Be Denied on Merits.W/Certificate of Svc ML20086N1661991-12-17017 December 1991 Motion for Stay of License Transfer Pending Final Order on Petition to Intervene & Request for Hearing & for Addl or Alternative Stay.W/Certificate of Svc ML20086J3521991-12-0909 December 1991 Response of Long Island Power Authority to Petitioners Joint Supplemental Petition.* Board Should Dismiss Petitions to Intervene for Lack of Standing & Reject All Contentions Proffered by Petitioners.W/Certificate of Svc ML20086J6351991-12-0909 December 1991 Lilco Opposition to Petitioners Contentions on License Transfer Amend.* Concludes That License Transfer Amend Contentions Be Rejected & Petitioner Request to Intervene Denied.W/Certificate of Svc ML20091G2051991-12-0303 December 1991 Brief in Support of Appeal.* Commission Should Consider Appeal on Basis That Findings of Matl of Facts Clearly Erroneous.W/Certificate of Svc ML20086C5381991-11-18018 November 1991 Petitioner Joint Supplemental Petition.* Petition Includes List of Contentions to Be Litigated in Hearing Re License Transfer Application.W/Certificate of Svc ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* ML20082G8971991-08-0909 August 1991 Lilco Responses to Petitioner Filings of 910805 & 06.* W/Certificate of Svc ML20082G8441991-08-0707 August 1991 Motion for Offical Notice to Correct Representation.* Moves Board to Take Official Notice of Encl NRC Records to Correct Representation Made at Prehearing Conference. W/Certificate of Svc ML20082G8571991-08-0707 August 1991 Petitioners Response to Lilco Re Physical Security Plan.* Petitioners Suggest That Util post-hearing Filing Does Not Dispose of Any Issue as to Util Compliance W/Settlement Agreement.W/Certificate of Svc ML20076D0721991-07-22022 July 1991 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 ML20076D1541991-07-22022 July 1991 Lilco Response to Petitioner Emergency Motions.* Believes Petitioner Emergency Motions Should Be Denied to End Frivolous Pleadings & Burdens of Time & Resources of Nrc. W/Certificate of Svc ML20076D0841991-07-21021 July 1991 Petitioners Second Emergency Motion for Stay.* Petitioners Urge Commission,Ex Parte,To Enjoin Lilco,From Any & All Acts W/Respect to Shoreham Which Would Be Inconsistent W/Nrc Representation in Court.W/Certificate of Svc ML20076D2071991-07-15015 July 1991 Lilco Opposition to Shoreham-Wading River Central School District (Swrcsd) Appeal from LBP-91-26.* Appeal Should Be Denied Due to Listed Reasons.W/Certificate of Svc ML20082D4051991-07-12012 July 1991 Lilco Opposition to SE-2s Contentions on Possession Only License Amend.* Concludes That Contentions Should Be Rejected & Request for Hearing on Possession Only License Amend Should Be Denied.W/Certificate of Svc ML20082D4001991-07-12012 July 1991 Movant-intervenors Motion for Change of Venue of Prehearing Conference.* Intervenors Request Change of Venue of 910730 Prehearing Conference from Hauppauge,Ny to Washington DC Area.W/Certificate of Svc ML20082D3891991-07-10010 July 1991 Lilco Support of NRC Staff Motion for Reconsideration of LBP-91-26.* for Reasons Listed,Nrc 910625 Motion Should Be Granted & Request for Hearing & Petition to Intervene in Amend Proceeding Should Be Denied.W/Certificate of Svc ML20082B4311991-07-0303 July 1991 Lilco Opposition to Petitioner Contentions on Confirmatory Order,Physical Security Plan & Emergency Preparedeness License Amends.* Petitioner Contentions Should Be Rejected & License Amends Denied.W/Certificate of Svc ML20082B3531991-07-0202 July 1991 Unopposed Motion for Variance in Svc Requirements.* Informs That Filing & Svc Requirements Presents No Obstacle to Filing W/Aslb or Svc Upon Any Parties.W/Certificate of Svc. Served on 910702.Granted for Licensing Board on 910702 ML20082B2461991-06-28028 June 1991 Movant-Intervenor Brief in Support Accompany Notice of Appeal.* School District Urges Commission to Reverse & Remand Dismissal Order W/Appropriate Guidance.W/Ceritifcate of Svc ML20082B2571991-06-28028 June 1991 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 1993-10-08
[Table view] |
Text
/'2" $4 3d" l
, l UNITED STATES OF AMERICA 00jy;jf0 NUCLEAR KEGULATORY COMMISSION W DCC 19 PS:47 i
_BEFORE THE CQMMISSION t rnre rr n :[!r.cv
,19 I ;N ' r'il i i
) ,
-In the Matter-of ) Docket No. 50-322-OLA-3 ;
)
LONG ISLAND LIGHTING COMPANY )
) (Application for .i (Shoraham Nuclear Power Station, ) License Transfer) t Unit 1) )
)
SUGGESTION OF MOOTHESS DUE TO THE LONG ISLAND POWER AUTHORITY'S IMMINENT DEMISE The Shoreham-Wading River Central School District
.(" School District") and Scientists and Engineers for Secure Energy, Inc. ("SE2") draw the Commission's attention to circumstances that indicate that the applicant in the above-captioned matter, the Long Island Power Authority ("LIPA"), may have its existence terminated by operation of law as of' January i 15, 1992, rendering the above-captioned pending license transfer
-proceeding moot.
LIPA was created by New York Public Authorities Law $
1020-c, which became effective January 15, 1907 pursuant to New York L. 1986, c. 517, 5 11. .That section is silent on the period of LIPA's existence, stating neither.a term of years nor a
" perpetual" term. -
4 9112240147 911219 l:
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, 3
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The New York Public Authorities Law also provides:
Every authority or commission hereafter created by this chaptor shall terminate at the end of five vaars from the datp,,,,gLi,t3 creati2D if at the end of such period it has outstanding no liabilities; provided, however, that any appropriation made to such authority or commission by the state of New York or by any political subdivision thereof
-shall not be deemed a liability for the purposes of this section.
N.Y. Public Authorities Law 5 2828 (formerly 5 2580, added L.
1957, c. 976, 5 1; renumbered L. 1983 c. 838, s 16) (emphasis
-added). This is a classic wxample of a " sunset law" " Sunset laws terminate agency programs or Acencies themselves unless the legislature soeelfically reauthorizes the program or agency."
Cohen, Reculatorv Reformt Assessina the california Plan, 1983 ,
Duke L.J. 231, 236 n.17 (April 1983) (emphasis added). The School District and SE2 note that January 15, 1992 will be
!~ precisely five years after LIPA's creation.-
Whether New York Public Authorities Law $ 2828 will operate to automatically terminate LIPA's dxistence on January 15, 1992 turns on the meaning of the phrase "no liabilities" and
_'a. particularized consideration of LIPA's current financial status.
The school District and SE2 suggest that since LIPA will.have n2 DR1 liabilities except for the unrepaid
. appropriations (" advances" pursuant to Public Authorities Law $
u L
L.
3 i
1020-r) from the State of New York as of January 15, 1992, LIPA i
will become legally defunct as of that dato pursuant to Public Authorities Law 5 2828.
- 1. "No LIABILITIES" MEANS "No NET LIABILITIES".
I As a matter of generally accei,ted accounting l l
principles and by definition, no existing entity can gygr present a balance sheet showing "no liabilities" as of any date. Egg, gtgt, Sellin, Attgrney's Handbook of Accountina 5 102[1)(a) (3rd Ed. 1991). Thus, a " plain language" interpretation of the ,
statute would make it a nullity since no commission or authority could ever be found to have "no liabilities." This would mean that the New York State Legislature engaged in meaningless and absurd acts in enacting this law 24 years ago and reconsidering and renumbering it eight years ago. Therefore, this is an impermissible interpretation.M "An interpretation which is contrary to the dictates of reason or leads to unreasonable results is presumed to be against the legislative intcnt, and some other construction should be placed on the statute, if possible without violation of its language." McKinney's Statutes 5 143 (1971) (footnote omitted).
1/ "When a statute, though clear as clear can be on its face, makes no sense, the Court of. Appeals is not bound to mechanical subservience to its ill-chosen legislative language." Matter of Caraballo, 49 N.Y.2d 488, 426 H.Y.S.2d 974, 403 H.E.2d 958 (1980); McKinney's Statuten S 111.at n.5 (1992 Cumulative Annual Pocket Part).
Another relevant rule of construction of New York State statutes ist The courts will not impute to lawmakers a futile and frivolous intent, and the intention is not likely to be inputed to the legislature of solemnly enacting a statute which is ineffective. Statutes are to be interpretated workably, and a statuto must not be construed in such a way that it would result in the legislature having performed a useless or vain act.
A construction which would renaer a statute ineffective must be avoided, and as between two conr,tructions of an act, one which renders it practically nugatory and the other enables the evident purposes of the Legislature to be effectuated, the latter is preferred.
McKinney's Statutos S 144 (1971) (footnotes omitted),
McKinney's separately states that "it will be presumed that the Legislature did not intend an absurd result to ensue from the legislation enacted," that to " avoid an absurd construction of a statute, an exception may be recogniznd therein in a proper case, words will not be given their ordinary meaning when such a meaning involves an absurdity," and that to " prevent absurdity, the courts may supely a word ',aich is omitted from an act through inadvertence." Kinney's S'.atutes 5 145 (1971)
(footnotes omitted).
Thus, one must look to the reasonable purpose of thio qualification (ano liabilities") to determine its true meaning.
The School District and SE2 suggest that the purpose of this qualification (especially in light of the "provided" clause) was i
1
_ _ ~ _ _ _ _ _ - _ _ _ _ _ _ _ _ - - - . - _ - _ - _ _ _ _ - - _ - - _ _ .-
1
. . s. ;
to assure that the non-governanntal creditorsU of a New York State authority or commission would not suffer financial harm by ;
being left without recourse due to the disappearance, by operation of law, of a N.Y. state authority or cornission debtor.F gas, 2 Meouillin Mun coro 55 8.15. & s.20. (3rd Ed.
1988 Revised Volume). Thus, the intent is that a commission or authority should not terminate if its liabilities (aside from its liability to repay appropriations) axceed its assets, that is, if it hau " net liabilities."
The probable correctness of this interpretation is reinforced by LIPA Act 5 1020-z which provides:
The authority and its corporate existence shall continue until terminated by law, provided, however, that no such law shall take effect so long as the authority shall L have.bondstu) , notes, or other obligations outstanding, unless adeauate orovision has been made for the navnent thereof.
H.Y. Public Authorities Law 5 1020-z (emphasis added). ,
2/ That is, all_ creditors except for those which are N.Y. state governmental creditors by virtue of having provided advances through appropriations which are subject to repayment.
2/ This is emphasized by the fact that creditors of LIPA and similar authoritit:s are atatutorily barred from relying on the credit of the State for payment of their obligations. E.a.,-N.Y.
Public Authorities Law 5 1020-1.
1/ The word " bonds" does not include " repayment bonds" issued to-the State pursuant to Public Authorities Law $ 1020-r since such " repayment bonds" are-for the repayment of State appropriations and, therefore, are " liabilities" excluded from
- onsideration by the "provided" clause of Public Authorities Law S 2328. Ett page 2 supra.
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This is the LIPA Act's clear recognition of the fact that LIPA is subject to termination by operation of lav As lpng AA it does D21 have " bonds, notes, or other obligations outstanding" without " adequate provision . . . for the payment thereof." This leads to the inquiry whether there is currently
" adequate provision" for the payment of all of LIPA's
" obligations" (or " current liabilitien") except for the state appropriations.
II. THERE IS " ADEQUATE PROVISION" TOR THE PAYMENT OF ALL LIPA " CURRENT LIABILITIES" OR "OTHER OBLIGATIONS".
The balance sheets of LIPA's audited financial report as of March 31, 1991 (attached) indicate that as of that date L1PA had current assets in cash and U.S. Treasury Bills of
$6,140,443 and current liabilities of $3,896,486 ' 1as wel.1 as
" State of New York allocations"I' of $14,203,300, and
" accumulated deficit of $' 1,890,273.M That is, LIPA's current g
2/ The principal so-called " current liability" consists of
$2,118,845 in " advances from Long Island Lighting Company" which are really not a liability, but money held in trust for LILCO to be applied to Shoreham and is available from cash and U.S.
Treasury bills to be returned to LILCO upon LIPA's termination.
f/ The " State of New York allocations" are, in fact, State of
.New York appropriations made to LIPA and, hence, are not
" liabilities" pursuant to Public Authorities Law S 2828.
2/ In a truly creative presentation, LIPA treats the expended portion of its New York State appropriations (" accumulated deficit") a; an offset to its other liabilities of $18,099,786.
This creative disclosure mechanism was not used in LIPA's original financial statement as of March 31, 1988.
I A m.11 tL exceeded EMIM Dt liabilities by $2,2 0 ,957 resulting in not ascots.F Thus, it is easy to conclude that LIPA's cash and U.S, Treasury Bills on hand constitute more than " adequate provision .
. . for the payment" of its " current liabilities" or
" obligations", with the remaining asset balance to be repaid to New York Stato upon dissolution prusuant to Public Authorities Law S 1020-r.
In those circumstances, it is more than probable that the LIPA Act itself anticipated, in Section 1020-r, that LIPA would be " terminated by law" at the end of five years after its creation as long as current assets exceeded current liabilities (other than appropriation) unless the Legislature "specifically reauthorizes" LIPA.
III. THIS ISSUE REQUIRES RESOLUTION BY THE NEW YORK STATE COURTS. .
The legal existence of an applicant is the most fundamental determination that this commission must make in deciding whether to issue a license. However, since the applicant in this case, LIPA, is a creature of the State of New York its continued existence or non-existence is beyond this commission's jurisdiction and can only be resolved by a 1/ It is expected that the not assets margin has decreased over the last nine months, but still is positive in spite of LIPA's profligate spending in a variety of efforts to reduce LILco's y financial health and its ability to pay for the proposed decommissioning activites.
declaratory judgment or sin 11er action in the courts of that state.
As a part of its presentation of its qualifications to become a NRC Class 103 licensee, it is incumbent upon LIPA to seek resolution of this serious question as to its continued legal existence so that this Commission may have confidence in deciding whether the application is for transfer of license to a bankrupt entity or a pure phantom. The Commission should not take action on the instant application until it has state judicial confirmation of LIPA's existence, unless the Commission determines that LIPA would not be a qualified licensee in any event.
Since there is no possibility of federal preemption or a conflict between state and federal law on this issue, it would error for the Commission to make any assumption with regard to so fundamental a question without assurance from the New York Stato courts. Egg consolidated Edison co. (Indian Point Station, Unit No. 2), ALAB-399, 5 NRC 1156, 1168 (1977).
Further, there is precedent in this very docket for the deferral of consideration of actions base on the resolution of uncertain state law issues to allov athe parties to resolve the issue in (state) court." Lona Island Lichtinc co. (Shoreham Nuclear Power Station, Unit 1), ALAB-818, 22 NRC 651, 659-60 &
nn.15-20 (1985). In that case,_the Commission deferred a decision for almost seven months to allow for the issuance of the initial state court decision and then took two months to issue l
l
its decision on the pending motion. Lono.lglpg LLigb11n2_. h (Shoreham Huclear Power Station, Unit 1), LBP-85-12, 21 HRC 600 (April 17, 1985).
If the NRC were to proceed on an ar.sumption of the continued existence of LIPA that would be only a " tentative answer which may be displacea tomorrow by a state adjudication
. . . . The resources of equity are equal to an adjgetaont that will avoid the waste of a tentative decision . . . ." Rafiroad Commiscion.gf-Texas v. Pullman Co., 312 U.S. 496, 500, 61 S.Ct.
643, 645, 85 L.Ed.2d 971 (1941) (citations omitted). Since the commission is able to stay itu proceedings while awaiting a definitive ruling from the New York Courts while ful'Jy protecting the pendency of LIPA's spplication for license transfer, the agency "should exercise its wide discretion by staying its hands." 312 U.S. at 501, 61 S.ct. at 645-46.
"(T]he rationale (for such forbearance) centfrs upon considerations of comity and the desirability of having a reliable and final determination of the state claim by state courts having more familiarity with the controlling principles and authority to render a final judgment." 11aanns v. Lavin2, 415 U.S. 528, 504, 94 S.Ct. 1372, 1385, 39 L.Ed.2d 577 (1974). If such forbearance is required of federal courts which de hA2A iurisdiction but not ultimate authority to decide issues of state law, such forbearance is not an act of prudence but rather one of necessity in this case where the federal aaenev dann not even luudg iurisdiction to decide a question of state law. NRC Staff l
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10 e
Response to Petitioners' Joint Motion to Stay at 10, Lona Island Lichtino co. (shoreham Nuclear Power Station, Unit 1), USNHC ,
Docket Nos. 50-322, 50-322-OLA & 50-3 22-OLA-2 (filed March 25, ;
1991) (a New York state law' issue is "a matter not even subject to the Commission's jurisdiction").
This is a case where the applicant assuredly may be expected to assert its continued legal existence. However, it is not a case where'the " Commission has no basis to look behind [the applicant's) statement" and is certainly not a case where the commission may " accept (the applicant's) declaration at face value." gam Lona Island Lightina co s (Shorhaam Nuclear Power Station, Unit 1) , CLI-91-8, 3 3 NRC 4 61, 470 (1991). The resolution of this issue is not a " private decision" and LIPA's demise by operatinn of law certainly would have "an adverse i impact" on the proposed licents for LIPA. Id. It is time to pause.
CQFCLUSION While-this appears to be a question of first impression under New York State law, the School District and SE2 suggest
- that the Nuclear Regulatory Commission should not even consider issuing any NRC licenses to an entity that is not only bankrupt, but is likely to cease to exist as a legal entity in 27 days.
The appropriate action is retain the Long Island Lighting Company as the licensee and allow the instant proceeding
~to become moot by operation of law within the-next four weeks unless LIPA can obtain a decision from the New York State Courts
- 11 -
(not ages.cies under the away of the covernor) that L1PA's existence will not be terminated by Public Authorities Law 5 2828 on January 15, 1992.
If the Commission were to transfer the Shoreham licenses to LIPA, the HRC could find itself with a class 103 facility but without any licensee technically and financially responsible for that facility eside from the NRC itself.
Rospectively submitted, Ch2 December 19, 1991 -- / Mer -M $
Jan,eu DoW, P. McGranery, Jtj/ ILohnes&Albertson)
Suite 500 1255 Twenty-Third Street, N.W.
Washington, D.C. 20037 (202) 057-2929 Counsel for Petitionern Shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy, Inc.
3
_ _ _ _ _ _ _ _ _ _ - _ _ _ _ ______m .__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ . _ _ _ _ _ _ - _ _ _ _ _
i . * .
I LONG iSLLND POWER AtmiORITh 4 ' ,
000058 BALANCE SHEETS March 31.1991 and 1990 r
ASSETS
,J19,1,. . . J 9 ?O__
CURRENT ASSETS
, Cash, including restn::ed amounts of
$26.061 in 1991 and 1269.330 in 1990 5 155,675 investments in U.S. Treasury Bills, including
$ 392.252 restncted amounts of $3.361,003 in 1991 and 12.530.059 in 1990 5,964,568 5,545.238 Other cunem nsets 8 716 _1_?Zft Total current assets 6 149.159 J938 765 OmCE ECU1PMENT AND FURNm.lFE Net of accumuteted cepreciaten of
$19,577 in 1991 and 58,549 in 1990 53,182 31,951 OTHER ASSETS Securny deposhs 7_172 6 500 5_6 209 513 $__5 977 224 UABluT1ES AND ACCUMULATED DEFICIT CURRENT UAsitJr1ES Attributable to Shoreham:
Advance.s from t.ong Island Ughting Compa~f 5.2,118,645 5 2.251,943 Due te New York Power Authertry and UPA Third Party Suppliers Accrued expenses, other 373,452 267,825 Accrued consufting cesis 8B3.412 400,652 Accrued expenses, other 277,624 15.378 Due to the State of New VM, 98.505 56.572 ks agencies and authoritie*
144 640 344 937 Total cunent liabilities 3.896.486 3,347,307 STATE OF NEW YORK ALLOCATIONS 14,203,300 13,799.983 ACCUMULATED DEACfT (11 890 273) M7,gg)
$_ B 209 513
$_ 5 977 ??j i
SH Notes to financial staments.
.2
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UNITED STATE 5 0F AMERICA NUCLEAR REGULATORY COMMISSION 1
BEFORE THE COMMISSION i
)
In the Hatter of ) Docket No. 50-322-OLA-3 1
) l LONG ISLAND LIGHTING COMPANY ) !
) (Application for (Shoreham Nuclear Power Station, ) License Transfer)
Unit 1) )
) 1 gfRTIFICATE OF SERVICE I hereby certify that copies of the Potitioners' Suggestion of Mootness due to the Long Island Power Authority's Imminent Demise in the above-captioned proceeding have been served on the following by hand, telecopy cnd/or firat-class mail, postage prepaid (as indicated) on this 19th day of December, 19911 Chairman Ivan Selin Commissioner Forrest J. Remick U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission one White Flint North One White Flint North
-11555 Rockvillo Pike 11555 Rockville Pike Rockville, Maryland 20852 Rockville, Maryland 20852 (hand) (hand)
Comajasioner Kenneth C. Rogers Commissioner James R. Curtiss U.S. Nuclear Regulatory Cummission U.S. Nuclear Regulatory Commission One White Flint North one White Flint North 11555 Rockville Pike 11555 Rockville Fike Rockville, Maryland 20852 Rockville, Maryland 20852 (hand) (hand)
Commissioner E. Gail de Planque Thomas S. Moore, Chairman U.S. Nuclear Regulatory Commission Administrative Judge One White Flint North Atomic Safety & Licensing Board 11555 Rockville Pike U.S. Nuclear Regulatory Commission Rockville, Maryland 20852 Washington, D.C. 20555 (hand) (first class mail) l Jerry R. Kline George A. Ferguson Administrative Judge Administrative Judge Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission dashington, D.C. 20555 T.307 Al Jones Drive (first class mail) Shady Side, Maryland 20764
- (first class mail)
I l
Edwin J. Reis, Esq. W. Taylor Reveley, III, Esq.
Mitzi A. Young, Esq. Donald P. Irwin, Esq.
Office of the General Counsel Hunton & Williams U.S. Nuclear Regulatory Commission Riverfront Plaza, East Tower one White Flint North 951 East Byrd Street 11555 Rockville Pike Richmond, Virginia 23219-4074 Rockville, Maryland 20851 (telecopy and first class mail)
(hand)
Samuel A. Cherniak, Esq. Carl R. Senenker, Jr., Esq.
NYS Department of Law O'Melveny & Myers Bureau of Consumer Frauds 555 13th Street, N.W.
and Protection Washington, D.C. 20004 120 Broadway (hand)
New York, New York 10271 (first class mail)
Gerald C. Goldstein, Esq. Stanley B. Y.limberg, Esq.
Office of General Counsel Executive Director &
New York Power Authority General Counsel 1633 Broadway Long Island Power Authority New York, New York 10019 200 Garden City Plaza, Suite 201 (firs.t class call) Carden City, New York 13530 (first class mail)
Nicholas S. Reynolds David A. Repka Winston & Strawr.
1400 L Street, N.W.
Washington, D.C. 20005 (first class mail)
/\ -
d b , AL Japfje's P. McGranary, Jf/[/
CMnsel for the Petitioners Shoreham-Wading River central School District and Scientists and Engineers for Secure Energy, Inc.
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