ML20127L468

Memorandum & Order Denying Suffolk County & State of Ny 850620 & 21 Motions for Stay of Facility Low Power License Until 850627,per ALAB-810 & CLI-85-12.Commissioner Asselstine Dissenting Views Encl.Served on 850624

ML20127L468
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/24/1985
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	NEW YORK, STATE OF, SUFFOLK COUNTY, NY
References
CON-#285-563 ALAB-810, CLI-85-12, OL, NUDOCS 8506280028
Download: ML20127L468 (3)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION C0tWISSIONERS:

Nunzio J. Palladino, Chairman DMU Thomas M. Roberts usMc James K. Asselstine Frederick M. Bernthal Lando W. Zech, Jr. 15 JUN 24 PI2:13

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) BRANCH In the Matter of 88MD JUN 241985 LONG ISLAND LIGHTING COMPANY Docket No. 50-322-OL (ShorehamNuclearPowerStation)

MEMORANDUM AND ORDER By order of June 19, 1985, the Atomic Safety and Licensing Appeal Board denied the motion for stay filed by intervenors Suffolk County and State of New York. ALAB-810, _ NRC _. In accordance with the Appeal Board's suggestion, intervenors have now requested similar relief from the Commission.

Intervenors' June 20, 1985 motion and June 21, 1985 motion supplement contain the same arguments as the previous motion denied by the Appeal Board. We deny the motion for the reasons advanced by the Appeal Board in ALAB-810 as well as those articulated by the Commission just recently in CLI-85-12, _ NRC _ (June 20,1985). We see nothing in intervenors' June 21, 1985 supplement to change our view of what NEPA requires in this case.

Solely in order to facilitate the orderly processing of stay requests in the U.S. Court of Appeals for the D.C. Circuit, we extend 8506280028 850624 PDR ADOCK 05000322 O PDR D3az- . . _ _ _ . _ . -..

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the administrative stay of the low-power license until 5 p.m. , E.D.T. ,

June 27, 1985.

Comissioner Asselstine dissented, and his views are attached.

It is so ORDERED.

For the Comission us@ REGui v o e >

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hi i oP..W"'[<'/y Sg ,W";* ip;' 0'// j SAMUELN CHILK 9 4 Secretary of,the Comission

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Dated at Washington, D.C.

this 2, % ay of June, 1985 l

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.i DISSENTING VIEWS OF COMMISSIONER ASSELSTINE I do not agree with the Comission's order today. For the reasons set

-forth in my dissenting views on the Comission's June 20, 1985 order (CLI-85-12), I would grant intervenors' motion for a stay of the low power license.

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