ML20112B461

Response to State of Ny & Suffolk County 850304 Renewed Request for Supplementation of Eis.Emergency Planning Issues Not Resolved,Deeming Intervenors Speculation Inadequate. Certificate of Svc Encl

ML20112B461
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/18/1985
From:	Irwin D LONG ISLAND LIGHTING CO.
To:
References
CON-#185-119 OL-4, NUDOCS 8503190198
Download: ML20112B461 (5)

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D12ETED LSHFC LILCO, March 18, 1985

'85 r,G 18 P4:33 CrflCE 0:5ECPITARY 00CKEiy:G A SERVfCf.

UNITED STATES OF AMERICA ANC4 NUCLEAR REGULATORY COMMISSION Before the Commission ~1.~...-,-.,~,.

In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-4

) (Low Power)

(Shoreham Nuclear Power Station, )

Unit 1) )

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 iudicata, the Commission need not revisit the legal judgments it articulated in response to

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Intervenors' earlier request for a supplemental Shoreham EIS.

Lono Island Lichtino 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 L

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-sues. Even a cursory review of that decision reveals it is not.

Judge Geller'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).

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• preempts the restrictive operation of New York State law -- a 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.

Respectfully submitted, LONG ISLAND LIGHTING COMPANY g -

By UttDonald d ) nP. 3Irwin l' Gb~ i s Robert M. Rolfe Lee B. Zeugin Hunton & Williams Post Office Box 1535 Richmond, Virginia 23212 DATED: March 18, 1985 l

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e LILCO, March 18, 1985 CERTIFICATE OF SERVICE 4

In the Matter of 2:J ETEC USNRC LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322-OL-4 (Low Power) 5 En 18 P4:34 I hereby certify that copies of LILCO Response to Interve-nor's Request for Supplementation on Shoreham EIScwertisenvedar this date upon the following by U.S. mail, first-61ssijb gfdf6 prepaid or b:r hand (as indicated by one asterisk) or W deral Express (as .ndicated by two asterisks).

Chairman Nunzio J. Palladino* Ga ry J . ' Edles*-.. ..... .

United States Nuclear Atomic Safety and Licensing Regulatory Commission Appeal Board, United States 1717 H Street Nuclear Regulatory Commission Washington, DC 20555 Fifth Floor (North Tower)

East West Towers Commissioner James K. Asselstine* 4350 East-West Highway United States Nuclear Bethesda, Maryland 20814 Regulatory Commission 1717 H Street, N.W. Howard A. Wilber*

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, Maryland 20814 Commissioner Thomas M. Roberts

• Judge James L. Kelley,*

United States Nuclear Chairman, Atomic Safety Regulatory Commission and Licensing Board 1717 H Street, N.W. United States Nuclear Washington, DC 20555 Regulatory Commission Fourth Floor Commissioner Lando W. Zech, Jr.* East-West Towers (West Tower)

United States Nuclear 4350 East-West Highway Regulatory Commission Bethesda, MD 20814 1717 H Street, N.W.

Washington, DC 20555 Judge Glenn O. Bright

• Atomic Safety and Licensing Alan S. Rosenthal, Chairman

• Board, United States Atomic Safety and Licensing Nuclear Regulatory Commission Appeal Board, United States Fourth Floor Nuclear Regulatory Commission East-West Towers (West Tower)

F!sth Floor (North Tower) 4350 East-West Highway East West Towers Bethesda, MD 20814 l 4350 East-West Highway l Bethesda, Maryland 20814 i

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t Judge Elizabeth B. Johnson ** Stephen B. Latham, Esq.

Oak Ridge National Laboratory John F. Shea, Esq.

Building 3500 Twomey, Latham & Shea P.O. Box X 33 West Second Street Oak Ridge, TN 37830 Riverhead, NY 11901 Edwin J. Reis, Esq.* The Honorable Peter Cohalan Bernard M. Bordenick, Esq. Suffolk County Executive Office of the Executive County Executive /

Legal Director Legislative Building United States Nuclear Veterans Memorial Highway Regulatory Commission Hauppauge, NY 11788 Maryland National Bank Building 7735 Old Georgetown Road Jay Dunkleberger, Esq.

Bethesda, MD 20814 New York State Energy Office Agency Building 2 Herbert H. Brown, Esq.** Empire State Plaza Alan R. Dynner, Esq. Albany, NY 12223 Lawrence Coe Lanpher, Esq.

Kirkpatrick & Lockhart Mr. Martin Suubert 8th Floor c/o Congressman William Carney 1900 M Street, N.W. 1113 Longworth House Office Washington, DC 20036 Building Fabian Palomino, Esq.**

Special Counsel to the Governor Docketing and Service Executive Chamber, Room 229 Branch (3)

State Capitol Office of the Secretary ~

Albany, NY 12224 United States Nuclear Regulatory Commission James B. Dougherty, Esq. Washington, DC 20555 3045 Porter Street Washington, DC 20008 Martin Bradley Ashare, Esq.

Suffolk County Attorney H. Lee Dennison Building Veterans Memorial Highway Hauppauge, NY 11788 "YNN' SDL% ,,

Donald P. Irwin ,-

Hunton & Williams Post Office Box 1535 -

Richmond, Virginia 23212 DATED: March 18, 1985 l

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