ML20117J178
| ML20117J178 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/13/1985 |
| From: | Brown H KIRKPATRICK & LOCKHART |
| To: | Asselstine J, Palladino N, Roberts T NRC COMMISSION (OCM) |
| References | |
| CON-#285-001, CON-#285-1 OL-4, NUDOCS 8505150010 | |
| Download: ML20117J178 (2) | |
Text
KIRKPATRICK & LOCKHART 1900 M STREET. N W.
WASHINGTON, D C. 200M ONE BOSTON PLACE ll0STON. MA 0210e TILifHONE 002) 412 7000 tot 3 enn)0 1828 BRJCKILL AVENUE TELECOPER 002) til 7012 utAug, FL 3:111 1I09174 8t12 g
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BRANCH Nunzio J. Palladino, Chairman Thomas M. Roberts James K. Asselstino Frederick M. Bernthal Lando W.
Zoch, Jr.
United States Nuc1 car Regulatory Commission Washington, D.C.
20555 Re Shoreham Nuclear Power Station; Docket No. 50-322-OL-4
Dear Mr. Chairman and Mosars. Commissioners:
Enclosed horowith is the joint Suffolk County /Stato of Now York Reply Brief Concerning Physical Security Issues, filed pursuant to the Commission's April 23 Ordor.
This Reply Brief demonstratos that the Appeal Board was correct in ruling that the alternato AC power system at Shoreham performs safety functions and, thus, must be protected as " vital equipment."
Out of caution, wo have treated the Reply Brief as containing safoguards information, pending any datormination by the Commission to the contrary.
Accordingly, service of the brief is limited to authorized persons.
The Stato and County again wish to reiterate their view that the Commission should coaso consideration of a low power licenso for Shoreham.
The recent decisions of the Now York Stato Supremo Court ( i. e._, ruling that LILCO lacks legal authority to implomont its omorgency plan), the U.S. District Court, E.D.N.Y.
(i.o., ruling that Suffolk County's omorgency planning position is lawful, rationally based, and not proompted by federal law), and the ASLB (i.e.,
ruling that thoro is no proomption of Stato laws which precludo LILCO from implomonting its omorgency pinn) provent the issuanco of a full power 11conso for Shoreham.
Under thoso circumstancos, thoro is no legitimato reason for the Commission to considor issuance of a low power 0505150010 050513 PDH ADOCK 05000322 hb
KIRKPATRICK & LOCKHART Nunzio J. Palladino, Chairman and Commissioners May 13, 1985 Page Two testing license, which would cause the irretrievable contamin-ation of Shoreham and the waste of more than $100 million.
In this regard, we also refer the Commission to the long-standing and repeated requests of the County and State that the NRC prepare a Supplemental EIS before deciding whether to issue a low power license for Shoreham.
The recent decisions of the courts and ASLB underscore the need for a Supplemental EIS.
If the Commission should decide at any point to issue a low power license for Shoreham, the County and State request that the Commission stay the effective date of such license to allow at least seven days for the County and State's filing of an emergency stay motion with the United States Court of Appeals and additional time for other parties' responses and for an orderly Court of Appeals decision.
The complexity and seriousness of the issues would require such an accommodation.
Sincerely yours, N
lierbert II. Brown cc:
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