ML20140G053

Response Supporting Util 860318 Motion to Dismiss Proceeding to Determine Adequacy of Special Physical Security Measures for Protection of Alternate Backup Sources of Ac Power as Moot.W/Certificate of Svc

ML20140G053
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/27/1986
From:	Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Atomic Safety and Licensing Board Panel
References
CON-#286-611 OL-4, NUDOCS 8604010249
Download: ML20140G053 (4)

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Makh,1986 UNITED STATES OF AMERICA '86 NAR 31 N0 :33 MUCLEAR REGULATORY COMMISSION OFFICE CF a: .,

BEFORE THE ATOMIC SAFETY AND LICENSI bN#

In the Matter of )

)

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

) (Low Power --

Security)

(Shoreham Nuclear Power Station, )

Unit 1) )

NRC STAFF'S RESPONSE TO "L!LCO'S PIOTION TO DISMISS PROCEEDING AS MOOT" i

On March 18, 1986, Long Island Lighting Company (Applicant) moved

to dismiss this proceedinF as moot . As noted by Applicant this proceeding was convened to determine the adequacy of special physical security measures for protection of alternate backup sources of AC power at the Shoreham facility.

Alternate backup sources were proposed by LILCO to be used during low power testing, pending NRC approval of i three Transamerica Delaval (TDI) diesel generators. As further noted by Applicant this proceeding has been in abeyance since the Spring of 1985 while issues related to the final qualification of the TDI diesels I

were being determined.

By letter dated August 14, 1985, counsel for Applicant notified this Licensing Board that the TDI diesels had been approved for low and full power operation by the Atomic Safety and Licensing Board with jurisdiction over the TDI's and that low power testing had commenced.

LILCO's Counsel further indicated that in the event that the Licensing DESIGNATED ORIGINAL Certified By - 7 ,A --

,e n- -

Board's TDI decision was sustained on appeal and low power testing' was completed - using the TDI diesels, LILCO believed that this proceeding might be dismissed as moot.

As set out in Applicant's motion, low power testing at Shoreham was completed in October 1985 and the plant has been shut down for modifica-tions and maintenance since that time. In addition, the Licensing Board's TDI decision, LBP-85-18, 21 NRC 1637 (1985), was affirmed by the Atomic Safety and Licensing Appeal Board. See ALAB-824, 22 NRC 776 (1985).

In an unpublished Memorandum dated February 28, 1986 the Commission stcted that it would not take review of the matter. Thus, staff agrees with Applicant that the licensing event for which this proceeding was convened -- required low power testing -- has been completed, using different equipment from that at issue in this proceeding.

Accordingly, the Staff has no objection to Applicant's motion that this Peard dismiss this proceeding as moot , without prejudice to Applicant's ability to apply under future circumstances, should that prov'e necessary, to use the sources which were the subject of this

proceeding as emergency backup power sources at Shoreham.

Respectfully submitted, Wf M O/

l Bernard M. Bordenick i Counsel for NRC Staff Dated at Bethesda, Maryland this 2[of March,1986

i -

UNITED STATES OF AP! ERICA .

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

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

) (Low Power -- Security)

(Shoreham ~ Nuclear Power Station, )

Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO 'LILCO'S MOTION TO DISMISS PROCEEDINGS AS MOOT'" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 27th day of'flarch,1986.

Judge James L. Kelley, Chairman

• Edward M. Barrett, Esq.

Atomic Safety and Licensing Board Long Island Lighting Co.

U.S. Nuclear Regulatory Commission 250 Old County Road Washington, D. C. 20555 Mineola, New York 11501 Judge Glenn O. Bright

• Honorable Peter Cohalan Atomic Safety and Licensing Board' Suffolk County Executive U.S: Nuclear Regulatory Commission County Executive /

Washington, D.C. 20555 Legislative Building Veteran's Memorial Highway Judge Elizabeth B. Johnson Hauppauge, New York 11788 Oak Ridge National Laboratory P. O. Box X, Building 3500 Fabian Palomino, Esq.

Oak Ridge, Tennessee 37830 Special Counsel to the Governor Jay Dunkleberger, Esq. Executive Chamber, Room 229 New York State Energy Office State Capitol '

Agency Building 2 Albany, New York 12224 Empire State Plaza Albany, NY 12223 Alan R. Dynner, Esq.

Docketing and Service Section* Herbert H. Brown, Esq.

Office of the Secretary Lawrence Coe Lanpher, Esq.

U. S. Nuclear Regulatory Commission Kirkpatrick & Lockhart Washington, D. C. 20555 1900 M Street, N. W.

8th Floor.

Washington, D. C. 20036 -

s W. Taylor Reveley, III, Esq. James Dougherty, Esq.

Anthony F. Earley, Esq. 3045 Porter Street, N. W.

Robert M. Rolfe, Esq. Washington, D. C. 20008 Hunton & Williams 707 East Main Street Atomic Safety and Licensing P.O. Box 1535 Board Panel

• Richmond, Virginia 23212 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Martin Suubert c/o Congressman William Carney Robert Abrams, Esq.

1113 Longworth House Office Building Attorney General of the State Washington, D. C. 20515 of New York Attn: Peter Bienstock, Esq.

Martin Bradley Ashare, Esq. Department of Law Suffolk County Attorney State of New York H. Lee Dennison Building Two World Trade Center Veterans Memorial Ilighway Room 46-14 I!auppauge, New York 11788 New York, NY 10047 Atomic. Safety and Licensing Stephen B. Latham, Esq.

Appeal Board Panel

• Twomey, Latham a Shea U. S.' Nuclear' Regulatory Commission 33 West Second Street Washington, D. C. 20555 P.O. Box 398 Fiverhead, New York 11001 Brookhaven Town Attorney 475 E. Main Street Patchogue, NY 11772 N /

Bernard M. Bor'denick

, Counsel for NRC Staff I

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