ML20134C803
| ML20134C803 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 08/14/1985 |
| From: | Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Bright G, Johnson E, Kelley J Atomic Safety and Licensing Board Panel |
| References | |
| CON-#385-252 OL-4, NUDOCS 8508160438 | |
| Download: ML20134C803 (4) | |
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8 3 5 7 ERM4C4 Judge James L. Kelley, Chairman Judge Glenn O. Bright Judge Elizabeth B. Johnson Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Fourth Floor East-West Towers (West Tower) 4350 East-West Highway Bethesda, MD 20814 Long Island Lighting Company (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL Low Power Security
Dear Judges Kelley,
Bright and Johnson:
The purpose of this letter it to inform the Board of the current status of low power testing at Shoreham as it relates to this proceeding, and to request that the Board continue to leave this proceeding in abeyance until it either becomes moot or a need arises to reactivate it.
This proceeding has been informally in abeyance since last
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spring following the April 17 prehearing conference, at which l
certain of Intervenors' contentions were admitted.
At that time LILCO also committed to further revising the portions of the Shoreham security plan directed toward protection of the special low power backup emergency power sources at Shoreham, consistent with the Appeal Board's decision in ALAB-800 as modified by the Commission.
LILCO issued the promised revi-sions on May 21, and an informal discovery visit to the Shoreham site was set for early June.
Numerous events have overtaken this proceeding since that time, the most directly relevant of which was the issuance on June 14 of the Brenner Licensing Board's Partial Initial 8508160438 850814 PDR ADOCK 05000322 0
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. HUNTox & WILLI AM S Decision on Emergency-Generator Issues, LBP-85-18, 22 NRC That decision approved the TDI diesel generators at Shoreham for full power operation, thus implicitly eliminating any need to rely on the low power configuration at Shoreham.
Pursuant to that decision and to a subsequent 5% power operating license issued by the Commission, LILCO began conducting its low power testing program at Shoreham in early July, and expects to com-plete that process within the next several weeks.
Since physical security for the TDI diesel generators is covered by the Final Security Settlement Agreement of November 1982, the Brenner Licensing Board's decision, if sustained on
. appeal, would eliminate the need for further examination of low power security issues at Shoreham, and would thus apparently moot any need to complete this proceeding.
Similarly, if low testing is satisfactorily completed using the TDI diesels power pending appeal of the Licensing Board's decision, LILCO will be able to request that this proceeding be dismissed as moot.
Only if the Licensing Board's decision on the TDI diesels should be reversed before low power testing is complete does LILCO foresee any need to reactivate this proceeding.
In the meantime, LILCO requests that this Board allow this proceeding to remain in abeyance pending its either being mooted by events or a need arising for its reactivation.
l LILCO is authorized to state that counsel for the NRC Staf f, Suf folk County (the Suf f olk County Attorney's of fice), and New York State agree with this request.
LILCO will continue to keep this Board informed of pertinent developments.
Respectfully submi ted, 7
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L-Donald P. Irwin Counsel for Long Island I
Lighting Company Enclosure
LILCO, August 14, 1985 CERTIFICATE OF SERVICE In the Matter of-LONG ISLAND LIGHTING COMPANY (Shoreham' Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-4 (Low Power)
I hereby certify that copies of a letter from Donald P.
Irwin to the members of the Licensing Board, dated August 14, 1985, were served this date upon the following by first-class mail,-postage prepaid.
Judge James L. Kelley, Docketing and Service Chairman Branch (3)
Atomic Safety and Licensing Office of the Secretary Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Fourth Floor
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East-West Towers (West Tower)
Herbert H. Brown, Esq.
4350 East-West Highway Alan R.
Dynner, Esq.
Bethesda, MD 20814 Lawrence Coe Lanpher, Esq.
Kirkpatrick & Lockhart Judge Glenn O.
Bright 1900 M Street, N.W.
Atomic Safety and Licensing 8th Floor Board Washing ton, D.C.
20036 U.S. Nuclear Regulatory Commission Fabian G. Palomino, Esq.
Fourth Floor Special Counsel to the Governor East-West Towers (West Tower)
Executive Chamber, Room 229 4350 East-West Highway State Capitol Bethesda, MD 20814 Albany, New York 12224 Judge Elizabeth B. Johnson The Honorable Peter Cohalan Oak Ridge National Laboratory Suffolk County Executive P. O. Box X, Building 3500 County Executive / Legislative
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Oak Ridge, Tennesee 37830 Building l
Veterans Memorial Highway Edwin J. Reis, Esq.
Hauppauge, New York 11788 Bernard M. Bordenick, Esq.
Office of the Executive James B. Dougherty,-Esq..
-Legal Director-3045 Porter Street U.S. Nuclear Regulatory
- Washing ton, D.C.
20008 Commission Maryland National Bank Building Martin Bradley Ashare, Esq.
7735_Old Georgetown Road Suffolk County Attorney Bethesda,1MD 20814 H. Lee Dennison Building.
Veterans Memorial Highway Hauppauge, New York '11788 _
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.. - ~ Jay Dunkleberger, Esq.
New York State Energy Office Stephen B.
Latham, Esq.
John.F. Shea, Esq.
Agency Building 2 Empire State. Plaza Twomey, Latham & Shea Albany, New York 12223 33 West Second Street Riverhead, New York 11901 Mr. Martin Suubert
.c/o Congressman William Carney 1113 Longworth House Office Building.
Washing ton, D.C.
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x Donald P.
Irwin Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED:
August 14, 1985 p
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