ML20094J849
| ML20094J849 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 08/13/1984 |
| From: | Letsche K, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20094J828 | List: |
| References | |
| OL-4, NUDOCS 8408140477 | |
| Download: ML20094J849 (6) | |
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REugggC *..<_Src;;p UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
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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-4
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(Low Power)
(Shoreham Nuclear Power Station,
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Unit 1)
)
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SUFFOLK COUNTY AND NEW YORK STATE OPPOSITION TO LILCO'S MOTION FOR REFERRAL OF ORDER GRANTING IN PART AND DENYING IN PART LILCO'S MOTIONS FOR
SUMMARY
DISPOSITION OF PHASE I AND PHASE II LOW POWER TESTING On August 2, 1984, LILCO filed a Motion for Referral of the Licensing Board's July 24 Order which granted in part and denied in part LILCO's motions for summary disposition of Phases I and II of LILCO's low power license request.
For the reasons discussed below, the County and State submit that the Board should deny LILCO's Motion.
In essence, LILCO's Motion for Referral is an attempt to reargue for the third time the exemption issue which LILCO has already argued -- and lost -- first before the. Commission, and then before the Licensing Board, as evidenced by the July 24 Order.
Phase I and Phase II represent the first two stages of LILCO's proposed four stage low power testing program, which is the subject of LIICO's application for a low power operating license.
As the Board noted in its July 24 Order, the Commission 8408140477 84O813 PDR ADOCK 05000322 8
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. - -has'already ruled in its May 16, 1984 Order (CLI-84-8) that be-cause Shoreham admittedly does not'have a qualified source of
.onsite emergency power, LILCO.must demonstrate its entitlement to an exemption from GDC 17 and other applicable regulations before Lite may obtain a low power license.
In requesting summary disposi-tion with. respect 1to1the first half of its low power test program,
'without even. addressing the determinations which the Commission ruled must be made in. order to obtain an exemption under 10 CFR 50.12(a), LILCO simply ignores the Commission's May 16 Order.
Thus, the Board was correct in stating in the July 24 Order that in light of the Commission's May 16 Order the Board "does not have the power or jurisdiction to grant LILCO's motion for. summary' disposition of Phases I and II of its low power testing program" because:
In its motion LILCO did not seek summary disposi-tion of its exemption request, nor did it even address the factual issues involved therein.
Accordingly, the ultimate issues involved in Phase I and II activities cannot be disposed of summar-ily, and that portion of the summary disposition motion is denied.
July 24 Order at 9, 10 (emphasis added).
Furthermore, contrary to LILCO's assertion that the Commis-sion's May 16 Order is ambiguous (see Motion for Referral at 5-6),
the Order is clear on its face, and its meaning was applied-in the Board's-July 24 Order.
Indeed, for the reasons set forth in uhe Suffolk County and State of New York Memorandum in Opposition to LILCO's May 22, 1984 Motions for Summary Disposition on Phase I and Phase II of LILCO's Proposed " Low Power Testing," dated June
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.13,fl984-att l'-21, there can-be no. doubt that the Commission's 1May 16 Order requires that LILCO'must first obtain an exemption from applicable General Design Criteria, including expressly GDC 17, before its low power operation proposal,.or any portion of it, may be granted.
The. Commission did not indicate any intent to limit its ruling on the requirement for an exemption to only por-tions of LILCO's. low power license application.
Thus, the Commission's May 16 Order is clear in requiring LILCO to seek a Section 50.12 exemption from the requirements of GDC 17, and the Board properly read the Commission's Order in its July 24 Order denying summary disposition on the ultimate issues with respect to the portion of LILCO's low power license applica-tion represented by Phases I and II.
In addition, the Board convened -- and has since completed --
an evidentiary hearing on the non-security aspects of LILCO's exemption request.1!
Thus, events have in effect overtaken the LILCO request -- the facts at issue have already been presented to the Board during the evidentiary hearing.
No useful purpose would be served by referrai at this time of a summary disposition ruling on a portion of the exemption issue, since the legal issue has already been ruled on by both the Commission ~and the Board, and the factual issues have been heard by the Board in an evidentiary hearing.
The only sensible and reasonable procedure at this time is for the Board to make findings and issue an initial decision on 1/
Closing arguments have not yet taken place but have been scheduled.
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, LILCO's exemption request, and then the Commission will exercise the review function which the Commission established in its May 16 Order.
Accordingly, Suffolk County and New York State submit that LILCO's request for referral should be denied.
Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 l
1:.
11 Herber'r H.
Brown Karla J.
Letsche KIRKPATRICK, LOCK ART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.
Washington, D.C.
20036 Attorneys for Suffolk County Pdbian G.
Palomino
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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 Dated:
August 13, 1984 l
2 i
UNITED STATES OF AMERICA
' NUCLEAR REGULATORY COMMISSION Before The Ator.ic Safety And Licensing Board
)
In the Matter of
)
)
LONG: ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-4
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(Low Power)
{Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hsreby certify that copies of SUFEDLK COUNIY AND NEW YORK STATE OPPOSITION 'IO LIIf0"S M0rION EDR DIRECTED CERTIFICATION OF 'IHE LICENSING BOADn'S JULY 24, 1984 ORDER GRANTING IN PART AND DENYING IN PART LIIf0'S K7FIONS FOR SUbHARY DISPOSITION OF PHASE I AND PAHSE II I4W POWER TESTING and SUFEDLK COUNIY AND NEW YORK STATE OPPOSITION 'IO LIIf0'S MUFION EDR REFERRAL OF ORDER GRANTING IN PART AND DENYING IN PART LIIf0'S KyrIONS EUR SUMMTRY DISPOSITION OF PHASE I AND PHASE II I4W POWER TESTING, dated August 13, 1984, have been served on the following this 13th day of August, 1984 by U.S. mail, first class, except as otherwise indicated.
Judge Marshall E. Miller, Chairman
- Edwin Reis, Esq.
- Atomic Safety and Licensing Board Counsel for NRC Staff U.S. Nuclear Regulatory Commission Of fice of the Executive Legal Washington, D.C.
20555 Director i
U.S. Nuclear Regulatory Commission l
Judge Glenn O. Bright
- Washington, D.C.
20555 Atomic Safety and Licensing Board l
'U.S. Nuclear Regulatory Commission Edward M. Barrett, Esq.
W2shington, D.C.
20555 Long Island Lighting Company t
250 Old Country Road Judge Elizabeth B. Johnsont
' Mineola, New York 11501 Oak Ridge National Laboratory P.O. Box X, Building 3500 Honorable Peter F. Cohalan Oak Ridge, Tennessee 37830 Suffolk County Executive i
i H.
Lee Dennison Building Eleanor L. Prucci, Esq.
- Veterans Memorial Highway l.
Atomic Safety and Licensing Board Hauppauge, New York 11788 U.S. Nuclear Regulatory Commission Washington, D.C.
20555
l l[
J.
I FCbian Palomino, Esq.
James B. Dougherty, Esq.
Special Counsel to the Governor 3045 Porter Street, N.W.
Executive Chamber Washington, D.C.
20008 R:om 229 State Capitol.
Mr. Brian McCaffrey Albany, New York 12224 Long Island Lighting Company Shoreham Nuclear Power Station W. Taylor Reveley, III,-Esq.'#
P.O. Box 618
. Anthony F. Earley,-Jr., Esq.
North Country Road Robert M. Rolfe, Esq.
Wading River, New York 11792 Hunton & Williams P.O. Box 1535 Jay'Dunkleberger,'Esq.
707 East Main Street New York State Energy Office Richmond, Virginia 23212
. Agency Building 2 Empire State Plaza Mr. Martin Suubert Albany, New York 12223 c/o Congressman William Carney 1113 Longworth House Office Bldg.
Stephen B.
Latham, Esq.
- W2shing tor., D. C,
20515 Jchn F. Shea, Esq.
Twomey, Latham and.Shea
.Mcrtin,Bradley Ashare, Esq.
33 West Second Street Suffolk County Attorney Riverhead, New York 11901 H. Lee Dennison Building Vaterans Memorial Highway Docketing and Service Branch Hauppauge, New York 11788 Office of the' Secretary.
U.S. Nuclear Regulatory Nunzio J. Palladino, Chairman
- Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission 1717 H Street, N.W.,
Room 1114 Commissioner Lando W.
Zech, Jr.
- Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Commissioner Thomas M. Roberts
- 1717 H Street, N.W., Room 1113 i-U.S. Nuclear Regulatory Washington, D.C.
20555 Commission 1717 H Street, N.W., Room 1103 Commissioner James K. Asselstine*
Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Commissioner Frederick M. Bernthal
- 1717 H Street, N.W., Room 1149 U.S. Nuclear Regulatory Washing ton, D.C.
20555 Commission 1717 H Street, N.W.,
Room 1156 Washing ton, D.C.
20555
/
I lA0 0 i
Karla k. Letsc e i
KIRKPATRXCK, L HART, HILL,.
CHRISTOPHER & PHILLIPS 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 DATE: August 13, 1984 By Hand By Federal Express -.
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