ML20099L406
| ML20099L406 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/18/1985 |
| From: | Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#185-145 OL-4, NUDOCS 8503200580 | |
| Download: ML20099L406 (5) | |
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LILCO, March 18, 19'85 000KETED USNPC UNITED STATES OF AMERICA g3
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Before the Commission
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E b-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, )
Unit 1)
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LILCO RESPONSE TO INTERVENORS' RENEWED REQUEST FOR SUPPLEMENTATION ON SHOREHAM EIS On March 4, 1985, the State of New York and Suffolk County (Intervenors) again requested the Commission to prepare a sup-plemental environmental impact statement (EIS) for low-power operation of the Shoreham plant.
Intervenors premise their latest request on an alleged change of circumstance resulting from a decision by Judge Geiler of the New York State Supreme Court on Intervenors' petition for a declaratory judgment on the legality of certain aspects of the Shoreham emergency plan.
While couched in terms of changed factual circumstances, Inter-venors' request also invites the Commission to rethink its ear-lier decision not to supplement the Shoreham EIS.
Such recon-sideration is unnecessary; Intervenors' " changed circumstances" do not compel a supplementation of the Shoreham EIS.
Under the doctrine of res judicata, the Commission need not revisit the legal judgments it articulated in response to 8503200500 225 6 E"" ^" " 850318##"
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o-Intervenors' earlier request for a supplemental Shoreham EIS.
Long Island Lighting Co. (Shoreham Nuclear Power Station, Unit 1), CLI-84-9, 19 NRC 1323 (1984).1/
There, the Commission found that " uncertainty about the ultimate disposition of con-tested offsite emergency planning issues is too speculative to be cognizable as a changed circumstance for the purpose of finding that a supplementary environmental evaluation is re-quired by NEPA."
19 NRC at 1327.
The Commission recently revisited and reaffirmed this filing in CLI-85-01, at 4-5.
Ac-cordingly,-the question to be answered with regard to Interve-nors' renewed request is simply whether Judge Geiler's decision represents the ultimate disposition of emergency planning is-Even a cursory review of that decision reveals it is sues.
not.
Judge Geiler's decision addresses only whether New York State law permits LILCO to perform certain aspects of the Shoreham emergency plan.
It does not judge whether that plan complies with NRC planning requirements -- a decision that rests with the Licensing Board; nor does it address the more comprehensive legal question of whether the Atomic Energy Act 1/
Should the Commission decide to revisit the legal judg-ments it reached in CLI-84-9, LILCO's analysis of those issues can be found in LILCO's Reply to the Answer and Opposition of Suffolk County to LILCO's Motion for a Low-Power Operating Li-cense, pp. 10-20 (July 18, 1983), LILCO's Reply Brief in the Appeal of the Licensing Board's Partial Initial Decision, pp.
115-119 (March 2, 1984), and Response of LILCO to Emergency Mo-tion for Stay, D.C. Cir. No._85-1042, pp. 14-16, 31-35, 74-82 (February _20, 1985).
l
- ~ ' preempts the restrictive operation of New York State law -- a i
question that is still before the Licensing Board as well as
- other forums.
Indeed, Judge Geiler's decision may not even be a definitive statement on New York State law since that deci-sion will be appealed to higher New York State courts.
Thus, emergency planning issues have not been resolved and nothing relevant has changed since the Commission's earlier de-cision.
Intervenors' continued speculation about the outcome of emergency planning issues does not warrant the preparation of a supplemental EIS for the Shoreham plant.
1 Respectfully submitted, LONG ISLAND LIGHTING COMPANY By Donald P.
Irwin
~ Robert M. Rolfe Lee B.~Zeugin-Hunton & Williams Post Office Box 1535 Richmond, Virginia 23212 DATED-March 18, 1985 i
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a LILCO, March 18, 1985 a
0.x AETED CERTIFICATE OF SERVICE USNRC i
In the Matter of
'85 N9 20 N1 :17' LONG ISLAND LIGHTING COMPANY f
-(Shoreham Nuclear Power. Station, Unit 1)
Docket No. 50-322-OL-4-(Low Power)
URCEJ-RCddARY 000XEMG & SERVtCf.
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I hereby certify that copies of LILCO Response to InMWfvb-
-nor!s Request'for Supplementation on Shoreham EIS were served this date upon the.following-by U.S. mail, first-class,. postage; prepaid
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l or-by hand (as indicated by one asterisk) or by FederaldEspre'ss (as indicated by two-asterisks).
Chairman Nunzio J. Palladino*
Gary J. Edles*
j United States Nuclear Atomic Safety and Licensing Regulatory Commission Appeal Board, United States Nuclear Regulatory Commission 1717.H Street Washington, DC 20555 Fifth Floor (North Tower)
East West-Towers I
. Commissioner. James K. Asselstine*
4350 East-West Highway United States Nuclear Bethesda, Maryland 20814 i
. Regulatory Commission
- 1717 H Street, N.W.
Howard A. Wilber*
f Washington, DC 20555 Atomic Safety and Licensing Appeal Board, United States j~
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, Maryland 20814 Commissioner Thomas M. Roberts
- Judge James L. Kelley,*
United States Nuclear Chairman, Atomic Safety Regulatory Commission and Licensing Board i
1717: H Street, N.W.
United States Nuclear Washington, DC-20555 Regulatory Commission Fourth Floor I
Commissioner Lando W.
Zech,'Jr'.*
East-West Towers (West Tower)
United States Nuclear 4350 East-West Highway t
i Regulatory Commission Bethesda, MD.20814 j
1717 H Street, N.W.
l Washington, DC 20555
_ Judge Glenn O. Bright *
-Atomic Safety and Licensing Rosenthal, Chairman
- Board,~ United States Alan S.
Atomic Safety.and Licensing Nuclear Regulatory Commission-l Appeal Board,LUnited States Fourth Floor NuclearLRegulatory Commission East-West Towers'(West Tower)
- Fifth Floor (North Tower) 4350 East-West Highway i
e l
East West' Towers Bethesda, bel 20814
-4350; East-West Highway t
Bethesda, Maryland '20814 Judge Elizabeth B. Johnson **
Oak Ridge National Laboratory Building'3500.
P.O. Box X Oak Ridge,,TN 37830
- w.
l
-2'-
~
Edwin J. Reis, Esq.*
Stephen B.
Latham, Esq.
)
Bernard M. Bordenick, Esq.
John F.
Shea, Esq.
j Office'of-the Executive Twomey, Latham & Shea i
Legal Director 33 West Second Street United States Nuclear Riverhead, NY 11901
. Regulatory Commission Maryland National 1 Bank Building The Honorable. Peter Cohalan 7735 Old Georgetown Road Suffolk County Executive Bethesda, MD 20814 County Executive /
Legislative Building Herbert H. Brown, Esq.**
Veterans Memorial Highway Alan R..Dynner,-Esq.
Hauppauge, NY 11788 Lawrence Coe Lanpher, Esq.
Kirkpatrick & Lockhart Jay Dunkleberger, Esq.
8th Floor New York State Energy Office 1900 M Street, N.W..
Agency Building 2 Washington, DC 20036 Empire State Plaza Albany, NY 12223 Fabian Palomino, Esq.**
Special Counsel to the Governor Mr. Martin Suubert Executive Chamber, Room 229 c/o Congressman William Carney State Capitol 1113 Longworth House Office Albany, NY 12224 Building Washington, DC 20515 James:B. Dougherty, Esq.
3045-Porter Street.
Docketing and Service Washington,.DC 20008 Branch (3)
Office of the Secretary Martin Bradley Ashare, Esq.
United States Nuclear Suffolk County Attorney Regulatory Commission H. Lee Dennison Building Washington, DC 20555 Veterans Memorial Highway Hauppauge, NY 11788
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1
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. Donald P.
Irwin Hunton & Williams Post Office Box 1535 Richmond,, Virginia 23212 DATED:
March 18, 1985
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