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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:OTHER LEGAL DOCUMENT
MONTHYEARML20094G3971992-02-26026 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 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 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 ML20094E1041991-12-0909 December 1991 Response to Long Island Power Authority to Petitioners Joint Supplemental Petition ML20091G1971991-12-0303 December 1991 Notice of Appeal.* Informs of Appeal of LBP-91-26 & LBP-91-39 in Facility possession-only License Proceeding ML20083B7331991-09-13013 September 1991 Notice of Appeal.* Informs of Notice of Appeals from Memos & Orders Denying Petitions for Intervention & Requests for Hearings ML20082G8551991-08-0606 August 1991 Notice of Relevant Decision & Significance.* W/Certificate of Svc ML20082B2271991-06-28028 June 1991 Notice of Appeal.* Denies School Districts Petition for Intervention & Request for Hearings in Matter as Well as ASLBs Dismissal of School District from Participation in above-captioned Proceeding ML20029A0231991-01-25025 January 1991 Notice of Typos in Petitioners Notice of Appeal & Petitioner Brief in Support of Appeal of ASLB 910108 Memorandum & Order (Both Filed on 910123).* W/Certificate of Svc. Served on 910125 ML20066E1331991-01-15015 January 1991 Requests limited-scope Exemption from Seismic Qualification Requirements of Criterion 2,App A,10CFR50 to Permit Deletion of 125-volt Dc Batteries 1R42*BA-A1 & 1R42*BA-C1 ML20029A0281991-01-0808 January 1991 Notice of Appeal.* Provides Notice of Appeal of 910108 Memorandum & Order (Ruling on Request for Intervention) in Proceeding Re Confirmatory Order Mod & Security Plan & Emergency Preparedness Amend ML20029A0111991-01-0808 January 1991 Application for Stay of Board 910108 Order.* Petitioners Move for Stay of 20-day Period to Amend Petitions Until Commission Decides on Appeal of Order or Pending Petition for Reconsideration.W/Certificate of Svc ML20058K4291990-11-28028 November 1990 Comment on Proposed NSHC Determination,Request for Hearing, Notice of Intent to Intervene & Opposition to Issuance of Amend by & on Behalf of Shoreham-Wading River Central School District & Scientists & Engineers for Secure Energy,Inc ML20062F7601990-11-15015 November 1990 Notice of Appearance.* Notice of Withdrawal & Certificate of Svc Encl ML20062C2501990-10-18018 October 1990 Establishment of Aslb.* Board Will Preside Over Proceeding Re Actions Taken by NRC & Long Island Lighting Co Re Shoreham Nuclear Power Station Unit 1,per Commission 901017 Memo.Served on 901022.W/Certificate of Svc ML20012C7601990-03-15015 March 1990 Request for Limited Scope Exemption from fitness-for-duty Requirements Imposed by 10CFR26.2 & That Exemption Be Granted & Remain in Effect Until NRC Approves Final Disposition of OL ML19332G6071989-12-15015 December 1989 Requests Exemption from Emergency Preparedness Requirements of 10CFR50.54(q) & to Implement Defueled Emergency Plan,Per Util Settlement Agreement W/State of Ny ML19353A9441989-12-0505 December 1989 Requests Exemption from Requirement of 10CFR50.71(e)(4) to File Annual Copy to Updated SAR by 891207.Required Update to Be Submitted on or Before 900601 & Will Reflect Condition of Plant as of Time Settlement Agreement Took Effect ML20244C2891989-04-17017 April 1989 Pages Affected by Rev 10A,890411.* Related Correspondence ML20235N2451989-02-24024 February 1989 Professional Qualifications of Lilco Witnesses on Exercise Contentions.* Certificate of Svc Encl.Related Correspondence ML20206M8951988-11-23023 November 1988 Notice of Appearance.* Author Enters Appearance in Proceeding on Behalf of Suffolk County.Certificate of Svc Encl ML20196F7381988-11-21021 November 1988 Errata to Board Decision LBP-88-24,changing Yr on Page III, Line 8 from 1988 to 1986.Served on 881205 ML20205D6871988-10-24024 October 1988 Notice of Appearance.* Author Enters Appearance in Proceeding on Behalf of Suffolk County.W/Certificate of Svc ML20205E0621988-10-21021 October 1988 Lilco Rept to Appeal Board on Progress & Effect of Town of Hempstead Case.* Article 2-B Re State & Local Natural & man-made Disaster Preparedness & Certificate of Svc Encl ML20155G9341988-10-0707 October 1988 Memorandum.* Advises That NRC Interpretation of ASLB 881006 Memorandum & Order That 24-h Period to Respond to Intervenors Motion Does Not Include Saturdays,Sundays & Federal Holidays Correct.Served on 881011 ML20154P5281988-09-27027 September 1988 Notice of Appeal.* Notices Appeal from ASLB Initial Decision LBP-88-24.Notices of Appeal from State of Ny & Town of Southampton,Govts Motion for Bifurcation of Appeal & Expedited Treatment of Issue & Brief on Appeal Encl ML20154P8021988-09-26026 September 1988 Notice of Aslab Reconstitution.Cn Kohl,Chairman & as Rosenthal & Ha Wilber,Members.Served on 880927 ML20207E5551988-08-15015 August 1988 Notice of Oral Argument.* Oral Argument Will Be Heard on 880914 in Bethesda,Md Re Lilco Appeal of ASLB Initial Decision LBP-88-2.Served on 880816 ML20207E4401988-08-15015 August 1988 Notice of Oral Argument.* Notifies That Oral Argument on Joint Appeal of Suffolk County,State of Ny & Town of Southampton from Board 880509 Partial Initial Decision LBP-88-13 Will Be Heard on 880917.Served on 880816 ML20207E4801988-08-12012 August 1988 Reconstitution of Aslab.* TS Moore,Chairman & as Rosenthal & Ha Wilber,Members.Served on 880815 ML20196A9391988-06-20020 June 1988 Govts Notice of Appeal.* Appeal Board 880610 Order as Reconfirmed on 880617,resolving Legal Authority Contentions in Favor of Applicant,Per CLI-86-13.Certificate of Svc Encl ML20197E0541988-05-25025 May 1988 Memorandum.* Lists Conclusions on Issues Raised by Lilco Appeal from ASLB 871207 Partial Initial Decision Re Scope of Feb 1986 Emergency Preparedness Exercise at Facility.Appeal Technically Moot.Served on 880525 ML20154H6941988-05-20020 May 1988 Notice of Appeal.* Suffolk County,State of Ny & Town of Southampton Notice of Appeal from ASLBP 880509 Partial Initial Decision on Suitability of Reception Ctrs. Certificate of Svc Encl ML20151E9411988-04-0808 April 1988 Memorandum (Extension of Board Ruling & Opinion on Lilco Summary Disposition Motions of Legal Authority Realism Contentions & Guidiance to Parties on New Rule 10CFR50.347(c)(1)).* Served on 880411 ML20151F0341988-04-0808 April 1988 Notice of Oral Argument.* Oral Argument on Lilco Appeal of ASLB 871207 Partial Initial Decision LBP-87-32 Will Be Heard on 880428 in Bethesda,Md.Served on 880411 ML20148K2591988-03-29029 March 1988 Memorandum to Parties.* Attached Memo from Bp Cotter,Chief Administrative judge,self-explanatory.Parties to Proceeding Requested to Conform to Svc Request.Served on 880329 ML20150C6421988-03-15015 March 1988 Notice of Appearance.* Notice of Appearance of Ma Young in Proceeding.Certificate of Svc Encl ML20150C6451988-03-15015 March 1988 Notice of Appearance.* Advises That Ma Young Will Enter Appearance in Proceeding.Certificate of Svc Encl ML20150C7311988-03-15015 March 1988 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20150C7621988-03-10010 March 1988 Notice of Withdrawal of Gs Johnson as Counsel for Nrc. W/Certificate of Svc ML20196H8981988-03-0909 March 1988 Notice of Appearance.* Notice of Appearance of RA Sheffey in Proceeding.Certificate of Svc Encl ML20196J2231988-03-0707 March 1988 Notice of Appearance of LB Clark as Counsel for Nrc. W/Certificate of Svc ML20196H5551988-03-0707 March 1988 Notice of Appearance of Cl Ingebretson as Counsel for Lilco. W/Certificate of Svc ML20147H8341988-03-0404 March 1988 Notice of Deposition.* Oral Exam of J Sobotka on 880307 in Suffolk County,Ny Re Rev 9 to Plant Emergency Plan. Certificate of Svc Encl.Related Correspondence ML20196J0571988-03-0101 March 1988 NRC Staff Proposed Schedule for Hearing on Remaining Remand Issues.* Schedule for FEMA Review of Recent Revs to Util Plan Also Encl.Certificate of Svc Encl ML20148U4611988-01-25025 January 1988 Notice of Deposition.* Notice of Deposition Upon Oral Exam of DM Crocker on Lilco Proposal for Evacuating School Children from Plant 10 Mile EPZ During Radiological Emergency.Certificate of Svc Encl.Related Correspondence ML20195J0941988-01-15015 January 1988 Response of Govts to Board 871223 Confirmatory Memorandum & Order.* Ref Portions of Govts Previous Filings Make Clear That NRC Use of Word May in Providing Guidance to Boards Appears to Be Quite Delibrate.Certificate of Svc Encl ML20147B9041988-01-13013 January 1988 Notice of Aslab Reconstitution.Cn Kohl,Chairman & as Rosenthal & WR Johnson Members.Served on 880114 ML20234C6841988-01-0404 January 1988 Notice of Aslab Reconstitution.* CN Kohl,Chairman & as Rosenthal & WR Johnson,Members.Served on 880105 ML20237E8321987-12-17017 December 1987 Notice of Appeal by Lilco from LBP-87-32.* Util Intends to Move Imminently for Expedited Consideration of Appeal by Immediate Certification to Commission or Expedited Briefing, Argument & Decision by Aslab.W/Certificate of Svc 1992-02-26
[Table view] |
Text
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LILCO, NovImbar 2, 1984 4
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UNITED STATES OF AMERICA c c. w NUCLEAR REGULATORY COMMISSION
'84 07 -5 A 7 :58 Before the Commission In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-4
) (Low Power)
(Shoreham Nuclear Power Station, )
Unit 1) )
LONG ISLAND LIGHTING COMPANY'S OPPOSITION TO REQUEST FOR WRITTEN BRIEFS AND ORAL ARGUMENTS On September 5, 1984, the Atomic Safety and Licensing Board for low power ordered that "LILCO should be permitted to conduct fuel loading and low power testing as proposed in Phases I and II, and it is so ordered." Order Reconsidering Summary Disposition of Phase I and Phase II Low Power Testing, at 10 (September 5 Order). On September 7, the Commission solicited all parties' views concerning the September 5 Order.
LILCO, Suffolk County, New York State and the Staff responded on September 14. The immediate effectiveness of that Order awaits the Commission's action.
On October 29, 1984, the Licensing Board issued its Initial Decision, authorizing a low power license for Phases l
l III and IV of LILCO's proposed low power testing and
! reaffirming its earlier order with respect to Phases I and II.
l Suffolk County and New York State now seek to exploit the issuance of this Initial Decision as a lever to reopen briefing 1 O 000 l hhR O R "go'
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of the Board's September 5 Order and to further delay the Commission's immediate effectiveness review, by requesting two weeks to file additional briefs on all phases of the low power proceeding followed by opportunity for reply and oral argument.
Request of Suffolk County and New York State To Present Written Briefs and Oral Arguments on the Licensing Board's Low Power Decision (November 2, 1984) (Joint Request). The Joint Request is procedurally improper and substantively unnecessary, and seeks to reopen issues already decided by this Commission.
LILCO opposes it.
I. A Phase I and II License Need Not Avait Further Proceedinos Not surprisingly, the Intervenors request that the Commission not act on the Licensing Board's September 5 Order concerning Phases I and II pending a briefing of all four phases. Totally incorrectly, however, they argue that the September 5 Crder "has been overtaken and subsumed" by the October 29 Initial Decision. (Joint Request p. 2).
No reason for further delay or additional briefing concerning Phases I and II exists. The Licensing Board authorized a Phase I and II license almost two months ago. The parties promptly submitted extensive views to the Commission on
(
The Initial Decision raises no new issues September 14.
i concerning these two phases, and Intervenors fail to point to l
s -
any such allegedly new material. Indeed, as the Licensing Board itself stated, the Initial Decision merely " reaffirms the findings and conclusions contained in [the Board's] Orders of July 24 and September 5, 1984." (Initial Decision p. 31).
Thus, Phases I and II remain ripe for decision now without further briefing or delay.
I. Briefs on Phases III and IV Are Inappropriate and Unnecessary Intervenors ask that the " Commission request the parties to focus on alleged errors of the Licensing Board in failing to apply correctly the exemption provisions of Section 50.12(a), failing to comply with the Commission's May 16 and July 18 Orders, and failing to confront the arguments of the parties and the evidence upon which arguments were premised."
(Joint Request pp. 1-2). This extremely broad request confuses an immediate effectiveness review with the full appellate review normally conducted by the Appeal Board.
Immediate effectiveness reviews are limited in scope.
Significantly, for low power licenses, they are expressly unnecessary.1 10 CFR SS 2.764(b), (f). Although the Commission has mandated such a review in this case, its scope 1 Indeed, the regulations presume that there vill be no immediate effectiveness review of licenses authorizing only fuel loading and operation up to 5% power; the Commission's only reservation is an omnibus restatement of its inherent authority "to step in at an earlier time," 5 2.764(f)(2)(i).
J should reflect the relative safety significance of a low power license. Clearly, the scope of the review should not exceed 8 the bounds set forth in S 2.764(f)(2). The purpose of such a review is not to substitute the Commission for the Appeal i
Board. Rather, it is simply "to determine whether to stay the effectiveness of the decision." S 2.764(f)(2)(i). In making that determination, the regulation offers the following guidance:
An operating license decision will be stayed by the Commission insofar as it authorizes other than fuel loading and low power testing, if it determines that it is in the public interest to do so, based on a consideration of the gravity of the substantive issue, the likelihood that it has been resolved correctly below, the degree to which correct resolution of the issue would be prejudiced.by operation pending review, and other relevant public interest factors.
10 CFR S 2.764(f)(2)(i). These considerations are appropriate for a stay. However, they are not the considerations which the Intervenors seek to brief. Indeed, intervenors identify no substantive issue beyond a rehash of their long-rejected argument that a low power license should never issue, given the alleged uncertainties in this case.
i As already noted, the usual low power license case does not require an immediate effectiveness review. Here one has been ordered because an exemption request is involved.
l
, - - , _ . . . . . . . . . ~ , . _ , - - _ _ . . - . . _ -
J ,,
l Thus, the review, if any, should focus on whether the Board I
below has properly followed the Commission's guidance for the conduct of this exemption proceeding. The likelihood that this guidance has been followed and that the issues have been resolved properly is apparent from the extensive record below.
The number of evidentiary hearing days involved on just this one issue -- nine days -- is more than the totality of hearings in some cases. The Licensing Board's 106-page Initial Decision, supplementing its September 5 Order, is quite detailed. On its face, it addresses all the issues unique to this exemption proceeding -- the so-called "as safe as" standard and exigent circumstances.
Once the commission is satisfied that the broad outlines of its guidance for the proceeding have been followed, it should leave further review to the appellate process.
Obviously, an immediate effectivenss review does not contemplate that the Commission, at this stage, will review the factual record below in detail on every conceivable issue which the County or State may raise. Moreover, since the Commission provided guidance to the Licensing Board as the proceedings l
progressed, the opportunity for erroneous application of the Commission's regulations is greatly reduced. Consequently, there is ample reason for the Commission to dispense with the j opportunity for comment on Phases III and IV as contemplated by S_2.764(f)(2)(ii).
l
) ..
Nonetheless, if comments are to be filed, S 2.764 specifically requires them to be brief, to be received within ten days of the Board decision and to pertain solely to the immediate effectiveness issue. No extensive briefing is contemplated, nor should any be permitted, concerning " alleged errors of the Licensing Board."
III. It Is Unnecessary to Revisit Whether Any Low Power License Should Ever Issue for Shoreham Relying on an extra-judicial letter written in the heat of a political campaign, the Intervenors apparently hope to convert the immediate effectiveness review into a recon-sideration of the Commission's 1983 decision that any uncertainties surrounding the prospects for a full power license should not affect the issuance of a lov power license.
See Lonc Island Lichtino Co. (Shoreham Nuclear Power Station, Unit 1), CLI-83-17, 17 NRC 1032 (1983). In short, the Intervenors seek to raise issues not considered by the Licensing Board because they were foreclosed by a previous Commission ruling on the identical question. Ad nauseam attempts to relitigate issues finally decided should be dealt i
with swiftly. Since no reason is given as to why this issue should be resolved differently in 1984 than it was in 1983, the Commission should not let its processes be manipulated to suit the dilatory tactics of intervenors.
t ,
IV. Conclusion The Joint Request should be denied. No additional briefing is necessary on any issues; no oral argument is contemplated by the regulations. Instead, the Commission should expressly dispense with any opportunity for comment.
If, however, any briefing is permitted, (1) it should be limited to Phases III and IV with no further delay of the Commission's consideration of Phases I and II; (2) it should be completed vithin the ten-day time frame suggested in S 2.764(f)(2); and (3) it should be limited to the question of whether a stay should be granted.
Respectfully submitted,
/AIW7L W. Taylor Reveley, I pf /7 Donald P. Irwin Robert M. Rolfe Anthony F. Earley, Jr.
Counsel for Long Island Lighting Company Hunton & Williams 707 East Main Street Post Office Box 1535 Richmond, Virginia 23212 DATED: November 2, 1984 i
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LILCO, November 2, 1984 l
% CERTIFICATE OF SERVICE In the ttatter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-4 (Low Power)
I hereby certify that copies of LONG ISLAND LIGHTING COMPANY'S OPPOSITION TO REQUEST FOR WRITTEN BRIEFS AND ORAL ARGUMENTS were served this date upon the following by U.S.
mail, first-class, postage prepaid or by hand (as indicated by one asterisk) or by Federal Express (as indicated by two aster-isks).
Chairman Nunzio J. Palladino* Alan S. Rosenthal, Chairman **
United States Nuclear Atomic Safety and Licensing Regulatory Commission Appeal Board, United States 1717 H Street Nuclear Re9a ' tory Commission Washington, DC 20555 Fifth Floor (Nurth Tower)
East West Towers Commissioner James K. Asselstine* 4350 East West Highway United States Nuclear Bethesda, MD 20814
< Regulatory Commission 1717 H Street, N.W. Judge Gary J. Edles**
Washington, DC 20555 Atomic Safety and Licensing Appeal Board, United States Commissioner Frederick M. Bernthal* Nuclear Regulatory Commission United States Nuclear Fifth Floor (North Tower)
Regulatory Commission East West Towers 1717 H Street, N.W. 4350 East West Highway Washington, DC 20555 Bethesda, MD 20814 Commissioner Thomas M. Roberts
United States Nuclear Atomic Safety and Licensing Regulatory Commission Appeal Board, United States 1717 H Street, N.W. Nuclear Regulatory Commission Washington, DC 20555 Fifth Floor (North Tower)
East West Towers Commissioner Lando W. Zech, Jr.* 4350 East West Highway United States Nuclear Bethesda, MD 20814 Regulatory Commission 1717 H Street, N.W. Judge Marshall E. Miller,**
- Washington, DC 20555 Chairman, Atomic Safety and Licensing Board United States Nuclear Regulatory Commission i Fourth Floor (North Tower)
East West Towers 4350 East-West Highway Bethesda, MD 20814
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t Judge Glenn O. Bright ** Herbert H. Brown, Esq.**
Atomic Safety and Licensing Alan R. Dynner, Esq.
Board, United States Lawrence Coe Lanpher, Esq.
Nuclear Regulatory Commission Kirkpatrick, Lockhart, Hill, Fourth Floor (North Tower) Christopher & Phillips East West Towers 8th Floor 4350 East-West Highway 1900 M Street, N.W.
Bethesda, MD 20814 Washington, DC 20036 Judge Elizabeth B. Johnson ** Fabian Palomino, Esq.**
Oak Ridge National Laboratory Special Counsel to the Governor Building 3500 Executive Chamber, Room 229 P.O. Box X State Capitol Oak Ridge, TN 37830 Albany, NY 12224 P. Paul Cotter, Jr., Esq.,** James B. Dougherty, Esq.
Chairman, Atomic Safety 3045 Porter Street and Licensing Board Washington, DC 20008 United States Nuclear Regulatory Commission Martin Bradley Ashare, Esq.
East West Towers Suffolk County Attorney (West Tower), 4th Floor H. Lee Dennison Building 4350 East-West Highway Veterans Memorial Highway Bethesda, MD 20814 Hauppauge, NY 11788 Eleanor L. Frucci, Esq.** Stephen B. Latham, Esq.
Atomic Safety and Licensing John F. Shea, Esq.
Board, United States Twomey, Latham & Shea Nuclear Regulatory Commission 33 West Second Street Fourth Floor (North Tower) Riverhead, NY 11901 East West Towers 4350 East-West Highway The Honorable Peter Cohalan Bethesda, MD 20814 Suffolk County Executive County Executive /
Edwin J. R'eis, Esq.** Legislative Building Bernard M. Bordenick, Esq. Veterans Memorial Highway Office of the Executive Hauppauge, NY 11788 Legal Directar United States Nuclear Jay Dunkleberger, Esq.
Regulatory Commission New York State Energy Office Maryland National Bank Building Agency Building 2 7735 Old Georgetown Road Empire State Plaza Bethesda, MD 20814 Albany, NY 12223 Attn: NRC lst Floor Mail Room Mr. Martin Suubert c/o Congressman William Carney 1113 Longworth House Office Building Washington, DC 20515
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Docketing and Service Branch (3)
Office of the Secretary United States Nuclear Regulatory Commission Washington, DC 20555 M
' " Donald PT Irwin Hunton & Williams Post Office Box 1535 Richmond, Virginia 23212 DATED: November 2, 1984 l
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