ML20097C283
| ML20097C283 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/03/1992 |
| From: | Mcgranery J DOW, LOHNES & ALBERTSON, SCIENTISTS & ENGINEERS FOR SECURE ENERGY |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| CON-#292-12963 DCOM, NUDOCS 9206080175 | |
| Download: ML20097C283 (14) | |
Text
ocCKET NUMBER 60-322-Mo4(
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DOW LOHNES & ALbn,nnc.rbN n
ERTS ATTORN EYS AT L AW 1255 TW E N TY-T H I R D STRCCT WASHINGTON, D. C. 20037
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@#CCT >A. NO U.S. Nuclear Regulatory Commission Washington, D.C.
20555 ATTN Docket Control Denk RE:
U.S.N.R.C.
Docket No. 50-322; SE Opposition to Eglief Reauested by LSNRC-1936 (2Aoril 16, 1992)
Dear Sir / Madam:
By letter of May 26, 1992, Scientists and Engineers for Secure Energy, Inc. ("SE ")
asked me to provide you with the 2
detailed reasons for its opposition to the Long Island Power Authority's ("LIPA") request for relief in LSNRC-1936 (April 16, 1992).
Due to intervening developments, SE feels obligated to 2
withdraw that opposition from your consideration of action on the relief requested by LIPA.
The letter is being submitted pursuant to SE 's obligations pursuant to the attached agreements.
2 Very truly yours q
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SETTLEMENT AGREEMENT WHEREAS, SHOREhl.M-WADING - RIVER CENTRAL SCHOOL - DISTP1CT
_and
. ("SWRCSD")', SCIENTISTS. AND ENGINEERS FOR SECURE ENERGY._ ("SE2"'
THE LONG: ISLAND POWER ' AUTHORITY ("LIPA"), being the " parties _,"
Public acknowledge that under the Long Island-Power ' Authority Act, Agg. -( the " Act"), LIPA as owner of the 7uthorities-Law $11020 31 Shoraham: Nuclear Power Station ("Shoreham") is obligated to make
. certaint. payments _in -lieu of _ taxes
(" PILOT")- with respect to
, Shoreham to: municipalities and school-districts, including SWRCSD,.
~
in=which'Shoreham116 located; and.
WHEREAS;-LIPA is in possession of a tax bill indicating.
rthe _' amounts' which would have been -received by the taxing jurisdictions _from-the Loi.g Island Lighting Company. ("LILC0") for.
' Shoreham_- (and _ certain property surrounding Shoreham which-LILco l continues 1to, own)- if Shoreham' had - not --baan acquired - by LIPA,. and LIPA insends to: utilize-the amounts.snd'the May 31, 1992 payment' l
^
dateNindicated in - that bill-as ' the--basis _ for payment, without-
_ prejudice.to. either -; party and subject to the conditions - and reservation of rights stated in paragraphs "3" and "4" below;.and WHEREAS, -- LIPA had been-considering and had under advisement whether to withhold the May131, 1992 payment to SWRCSD i
in response-to certain conduct of SWRCSD including the litigation ref erenced -in -paragraph "l below; and
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WHEREAS, all Parties consider it in the best interest of the ~ people of Long Island and each Party to terminate all litigation between and among the Parties both in view of the 4
extraordinary small likelihood that Shoreham can ever operate as a nuclear power plant again without formidable further investment and An view of the fact that each of the Parties should be allowed to pursue its respective responsibilities on the basis of mutual respect from the other Parties and without interference from the other Parties; NOW, THEREFORE, IN CONSIDERATION OF THE REPRESENTATICPS AND MUTUAL AGREEMENTS HEREIN, SWRCSD, SE2 AND LIPA HEREBY AGREE AND STIPULATE AS FOLLOWS:
1.
SWRCSD and SE2 agree, as soon as possible but in no event later than five (5) days after the execution of this Agreement, to file all necessary papers to seek dismissal with prejudice in all-the NRC and Court of Appeals actions in which all Parties are engaged, and with each Party agreeing to bear its own costs and attorney fees.
LIPA represents and warrants that it will, as soon as possible but in no event later than five (5) days after the Effective Date of this Agreement, obtain the consent of all defendsnts and file the stipulation Discontinuing Action with Prejudice previously executed by plaintif f's attorney in Kulka Construction Manacement Core.
et al. v. Edward V. Recan, et.
al.,
Index No. 9191/1992, pending in New York Supreme Court, County of Nassau, and that each party agrees to bear its own costs and attorney fees.
No party admits or concedes any facts or legal 2 --
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_ questions at issue - in the actions to be discontinued and/or dismissed.
Counsel for -all parties shall use their best efforts to ensure that these matters are dismissod expeditiously.
2.-
SWRCSD and SE2 agree to waive any right they or any affiliated entity or entities have had, presently have, or may have in the future, to bring any judicial or administrative action whieb seeks to or will have the effect of preventing c, delaying LIPA's decommissioning of shoreham including but not limited to LIpA's disposition of low level radioactive waste and spent nuclear fuel; provided that no action by SWRCSD or any taxing jurisdiction with respect to taxes or' PILOT related to Shoreham shall be considered to have' the ef fect of preventing or delaying LIPA's decommissioning of Shoreham.
3.
LIPA
- agrees, subject to the conditions and reservation of rights set-forth in this paragraph and in paragraph "4" below, and subject to the terms of the Agreement between LIPA, SWRCSD, the Town of Brookhaven ("Brookhaven") and the County of Suffolk,- dated June 1, 1992
(" agreement to pay"), that it will pay the amounts-indicated in that Agreement under protest and subject to the - provisions-of the agreenent to pay.
The tendering, acceptance and treatment of those payments shall not u.natitute a waiver of or prejudice any parties' position or right to seek court intervention to resolve any issue related to that payment or any future payments to be made by LIPA.
Some of the specific issues i-which are reserved for future resolution are listed below in z
paragraph "4"..-
wwwwww-4.
The parties acknowledge and understand that they may disagree as to the particularities of any payments LIPA makes to municipalities and school districts in which Shoreham is located and that nothing contained in this Agreement, particularly LIPA's agreement to pay Brookhaven, and Brookhaven's acceptance and treatment of that payment, constitutes a waiver of or will prejudice any position or claim any party (or any taxing a party) may assert or s2ek to have jurisdiction representing adjudicated regarding the parties' rights ard obligations under the Act, includt.rq but not limited to:
I Whether LIPA's payment, referenced in paragraph a.
"3," constitutes a payment of taxes or a PILOT pursuant to the Act; and b.
the extent to which that payment is attributable to any portion of the property currounding Shoreham which continued to be owned by LILCO after February 29, 1992) and c.
the due date(s),
amount (s) and nothod of payment of the subject payment or any future puyment(s) made by LIpA to SWRCSD pursuant to the Act; and d.
Whether any change, by any means, in the assessed value of all or any portion vf Shoreham and/or the property surrounding shoreham which continued to be owned by LILCo after February 29, 1992, or any tax rato applicable to Shoreham and/or the property surrounding Shoreham which continued to be owned by LILCO af ter February 29, 1952, for any past, present or future years will result in the change of LIPA's obligations undet
-4 L
p -01 '9 02: 47 IDiL ! FO S kJT @ lli TEL tCil-516-742-2004 C491 PP6 the Act and/or refunds of payn.ents mado or to be made by LIPA under the Act.
5.
LIPA agrees that it will not interfere with the conduct of SWRcsD's activitios, including any claim to financial entitlement or other benofit, or initiate a public campaign which criticizes the conduct of SWResD's or SE 's activities including 3
their conduct of the various legal proceedings subject to this Agreement, rirevided that LIPA shall not be prucluded
- fror, responding to press or media inquiries which relate to SWRCSD's or SE 's activities in relation to Shoreham, and that it is expressly und astood that any clain or defense by LIPA or LILCO in any legal action (s) related to any change (o) in the amount (s), date(s),
nethod and/or characterization of payments to the municipalities and SWRCSD or in the underlying assessment pursuant to paragraph "4" of this Agreenant and/or other paymonts of taxes or PILOT shall not be deened to be " interference" nor be considered to " initiate" as these terns are used herein.
6.
Each Party relensea and discharges jointly and severally all other Parties, and third party beneficiaries (such third-party beneficiaries defined as all parties in the case of Kulka Conatruction Manacement Coro., et al. v. Edward V.
Regan, et i,
Index No.
9191/1992),
a3 releasse(s),
the releasee (s),
releasee's and/or releasees' directors, of ficers, heirs, executors, agents, en.ployees, successors, attorneys, and assigns from all actions, causes of actiens, suits, debts, dues, sums of money,
- accounts, recording,
- bonds, bills, specialties covenants, 5
p.g ww - w i
t contracts, controversies, agreements,
- promises, variances, trespasses, damages, judgmente, extents, executions, claims, and demands whatsoever in law, admiralty or equity which against the reloawee Party and/or Parties the releasor Party and/or Parties, the releanor(s), releanor's and/or releasor's directors, officers,
- heira, executors,
- agents, employees, successors, isttornsyn, contractors and assigns over had, now has, or hereafter can, shall or may, have for, upon, relating to, arising from or by reason of any ar*,ter, cause or things whatsoever from the beginning of the world to the Execution Date of this Agreement relating to or arising from ar.y or all of the legal actions before the NRC, the Court of Appeals, or State Suprene court identified in this Agreement; provided that, nothing herein constitutes waiver (s) or Orejudice to any Party's richt to ascert a claim or defense or counterclaim relating to or arising from alleged tax obligations of LILCO and/or allegod payment in lieu of taxes obligations of LIPA; and provided further that, this release does not allow any releanor(s) to make any claim (s), assert any countercisimo(s), or bring any other action (s) arising from or relating to the institution of any action before the NRC, the Court of Appeals, or State Supreme Court against any releasee (s) who are not named plaintiff (s) and/or petitioners or otherwise voluntarily involved in any institution of such action concerning the decommissioning of Shoreham.
7.
LIPA, SWRCSD and SE2 separately Varrant and represent that the designated signatory to this Agreement on its behalf is I
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duly authorized by the relevant Party to execute th$s Agreement and bind that Party to this Agreement.
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SHOREHAM-WADING IVER CENTRAL SCHoot DIL* RICT
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THE LONG ISLAND PONER AUTHORITY t
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dJf a,* st 1: 40 PMcM R :. AND K e4 90 PME.ett aamtsamane i
WNERRAs,14NG !s&AND POWER AUTEORITY ("L%FA") is the owner of the sMoREMAX WVCZ2AR PokJR STATION ("suokEMAM'") which is identifies as District 0200, 860 tion 0400.00 Block 01.00, 1st 001.000, ard is located witnin tae taxing jurisdictions of the coVNTY oT SUTTOLK (as pr0LR"), the TOWN OF BROORXAVEN
("8R00KMAYEN"), anc the SH0REFAM-WADING RIVER CENTRAL SCM00L DISTRICT ("8WRCsD"), and i
WMEREAs, LIFA is obligated to make payrante in lieu of taxes on said properties to BROOKKAVEN, surf 0LX and swmesc pursuant to Public Authorities Law 51020, at, seg. ("the Aet'),
ano WHEREAS, Section 102C-p(2) of the Act provides that "the authority shall be required to pay ne taxes nor aseeeemant upon Sny of the prnpprty atquired or controlled by it...',
and
- REREAs, LIPA believes that any payment it may owe to the taxing jurisdictione in which SRoRTHAM is located on any date nay only constitute a payment in lieu of taxes (" PILOT") pursuant to the Act, and WHERzAs, SU7FoLx, naooRMAvzN and SWRCSD eentend that en May 31, 1992, real estate taxes totalling $a1,033,349.56 are due and owing to 3RooEMAv1N as the second nalt real estate tax payment en the sHoREEAM real property for taa 1991-92 taw year, and
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$ENT CYllMiCMY BBC BARTOL i 6-3-61 ti!! W W I lil 164 6311-'WMu m MEs i
. UN' 2 '92 lid 5 FROM M 4 AND 4 Bd TO DCG(,@@)
WEREAB, SUTFOLX, in anticipation of the receipt of its por M on of the tax proceeds han borrevas in the public market, and WHEREAS, SUM cLK is suffaring esvers caah ehertages in its day-to-day operations and is in dire need of the receipt of anticipated revenues from the SECR17 tan facility, and WHERT.AS, the BRocFJtAYM Receivar of Taxas, undar the Buffelk County Tax Act # v b - 1er:2 tv designated recipient of all tax revenues f or all ta) La.g Ati t'.it:
3 entitled to collect ravannes on the SBoR MAH 3,d y,f
, anc W)!!RIAG, !.!PA, BRoCTJfj VIW, SUTFOLK and gifRC6D have bean unable to agree as te whether the Way 31, 1992 payment vould be &
tax paysent so BROCKMAVTE, SUTTOLE and SWRCSD contend or PILOT as L PA contanda, and W1tEREA$, LIPA desires to cooperate with EUTTCLX at a time cf difficult financial circumstances for SurroLr, and to avoid any further downgrading of SUTroLK's bonds and notes and WHI.Rr.As, the parties to this Agreemant will attempt to negotiate a settlement of their legal diffarances or in the alternative, sank judi.a1 interpretation of the rights and obligations of the parties undar the Act, and WHEREAS, to assure that there is no interruption of vital services to the taxpayars of the taxing jurisdictions wherein 8HOREMAM is located during the pandency of the negotiations or any legal actions, and WilrRIAS, the parties to this Agreement have concurred that a second payment vi".1 be made by LIPA on or before January a.
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1 1 b, 7lu sua nne n m an i< ne o
n y, nn, 10, 1793 in the sum of 540, set, sos.se and a third payaant will be made by LIFA en er before $tay 31, 1993 in the sum of
$36,603,355.00, With LIPA reserving the right to take s&id payments to the tawing jurisdictione entitled to esiloot revenues t
on the ENORERAN property and subject to restrVation of rifhts in paragraph '4" belowl NOW, TifEREFORE, IN CON 8IDERATION OF THE REPRE8ENTATIONS AND MtTUAL AGREEMENTS HEREIN, LIFA, SUTTOLX, SROCEHAVEN and SWRcaD AGRIL AND STIFULATE As FCLLOW81 1.
LIPA will on JV.no 1, 1992, leeue a check in the sum of $40,s31,309.83 made payable to tha ' Town of Brookhaven" with the understanding that the LONG ISIAND L10MTING CottFANY
("LILCo") conterporaneously tender a check for $14:,,839.37, which LILCC believes to be its tax liability for the portion of 8HORFMAM that it retained; 3.
BROOKHAVEN intends to deliver said she h to the Receiver of Taxes, Town of Brookhaven, an independently alested official of said town, for the purpose of depositing said check with a bank or trutt company or a designated depeettory of BROCKHAVIS Receiver of Taxes.
3.
BROOMMaya in recognition of the county's current cash crisie will distribute the proceeds in accordance with the provisions and requiremente of the Suffolk county Tax Aet; 4.
The parties acknowledge and understand that they disagree as to the partlaularittee of the paymant being made by LIPA to BROOKMAV N and that nothing centained in this Agreement, particularly LTFA's agreement to pay Nnds to BRoorMAVIN in
3
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Juw 4;'er si4e OAon a a esp x e4 to oces.eas behair or st7roLK and NKKEEAYEN's 400eptance of those funds, constitutes a waiver of or will prejudice any position or clain sitter party may assert or seek to have adjudicated regardi.ng the partime' rights una obligations under the Act, including but not limited tot
- b*
Wheter LIPA's paymente, set forth in a. y paragraph '1*[ IcN b utes a paysant of taxes or a pitot pursuant ktotheAct;and b. the extent to which that L:PA's paysante are attritratatie to any portion of the preparty surrouneing shorehan which continued to be owned by LILCC after robruary 29, 1994; and the due date(s), amount (s) and the method of c. the subject payments and the treatment of the subjoet payments or any future payment (s) made by L:PA to any taxing jurisdietions pursuant to the Act; and d. whether any change, by any means, in the assessed value of all er any portion of sheraban and/cr t.he property surrounding shoreham which continued to be owned by LILCO after February 29, 1992, or any tax rate applicable to shoreham and/or the property surrounding sheraham which continued to be owned by LILeo after February 29, 1993, for any past, present or futura years will result in the abange of L3Pl.*e obligations under the Act and/or refundo of paysants made or to be made by LIPA under the Act. That said first payment to.AR00KMAVEN is a. without prejudios to LIPA's right to nahe futura payments -4 T --,rwi w vme-gw-.u>w. ++,wg- -p----+w-c-,.t- , - - - - - - + + w.--- --+.---.m.4.-g* w-mw- + rw - w ws-e..-w+--ww
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sm eyavMHV sac Gmb iTFU-Clf IWMULUT ~ NlAM HJORNEJ6*N et* V JUN 2 '92 !!47 FRJM R R ANp g g4 9S PaSt.ttl dirootly to any of the taxing jurisdictione in which the BNORIBAN property is leonted. 5. That minultaneously with the execution of this agreement, swResD and LIFA, along with 8CIENTIsTs AND ENGINEERS FOR SECUR2 INERGY, INC. ("Sh') will entar into an agreement, in which all of the parties agree to promptly dismiss all judicial and administrative action and waive any future actions which sank to or will have the effect of preventing or delaying LIPA's decorsissioning of SHCRIMAN, including but not limited to LIPA's disposition of low level radioactive waste and spant nucisar fuel. The instant agrear. ant shall not becene effective, despite the signature of the parties, unless and until the refaranced agream.:; between LIPA, SWR 08D and SF, is executed by all the parties thereto. 6. Subject to LIPA's raservation of rights in paragraph "4" above. LIPA Will on or before January 10, 1993 issus checks totalling $40,891,509.50 made payable to tha taxing jurisdictions wherein the aHC3LERAX property is located and LIPA vill on or before May 31, 1993 issue chenke totalling $36,803,350 00 made payable to the taxing durisdictions wharsin the EHoAEMAN property is located. 7. The parties agree and undwratand thav,. the making af these payaanta, the nocepteace and treatment of sane, shall not be used by any party in any future action or proceeding as presumptive, circumstantial or probative evidence of whether the payments constitute a pilot paynant or tax payment or on any of 5=
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