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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20093G4541995-10-18018 October 1995 Comment Supporting Proposed Rules 10CFR2,50 & 51 Re Decommissioning Procedures for Nuclear Power Reactors ML20058K7381993-12-0303 December 1993 Memorandum & Order CLI-93-25.* Commission Denies State of Nj Petition for Leave to Intervene & Request for Adjudicatory Hearing Filed on 931008.W/Certificate of Svc.Served on 931203 ML20058E0151993-11-14014 November 1993 Comment Opposing Proposed Rule 10CFR50 Re Exemptions in Accident Insurance for Nuclear Power Plants Prematurely Shut Down ML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20059B0621993-10-20020 October 1993 Long Island Power Authority Response to Nuclear Regulatory Commission Order of 931014.* Requests That NRC Reject State of Nj Filing.W/Certificate of Svc ML20057G2141993-10-14014 October 1993 Order.* Requests for Simultaneous Responses,Not to Exceed 10 Pages to Be Filed by State,Peco & Lipa & Served on Other Specified Responders by 931020.NRC May File by 931022. W/Certificate of Svc.Served on 931014 ML20059A4581993-10-14014 October 1993 Order Requesting Answers to Two Questions Re State of Nj Request for Immediate Action by NRC or Alternatively, Petition for Leave to Intervene & Request for Hearing. Operations Plans for Marine Transportation Withheld ML20059F0191993-10-0808 October 1993 Long Island Power Authority Reply to New Jersey Filing of 931020.* Licensee Requests That NRC Deny State of Nj Intervention Petition.W/Certificate of Svc ML20057F2191993-09-30030 September 1993 Exemption from Requirements of 10CFR50.54(q) Eliminating Licensee Requirement to Follow & Maintain in Effect Emergency Plans ML20059B1291993-09-14014 September 1993 Affidavit of Jh Freeman.* Discusses Transfer of Slightly Used Nuclear Fuel from Shoreham Nuclear Power Station to Limerick Generating Station.W/Certificate of Svc & Notice of Appearance ML20097C3241992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Joint Opposition to Issuance of Decommissioning Order Prior to Hearing.* W/Certificate of Svc ML20097C2911992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeal.* Dismisses 911203 Notice of Appeal W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees Due to Encl Settlement Agreement. W/Certificate of Svc ML20097C2891992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeals.* Appeals Being Dismissed Due to Encl Settlement Agreement.Nrc Should Dismiss Appeals W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees.W/Certificate of Svc ML20097C1361992-06-0303 June 1992 Petitioners Consented Motion to Dismiss.* Petitioners by Counsel Move ASLB to Dismiss Petitioners as Petitioners for Leave to Intervene & Request for Hearing in Proceeding W/ Prejudice.W/Certificate of Svc ML20097C2631992-06-0303 June 1992 Petitioner Consented Motion to Dismiss.* NRC Should Issue Order Dismissing School District & Scientists & Engineers for Secure Energy,Inc as Petitioners in Proceeding.W/ Settlement Agreement & Certificate of Svc ML20097C1081992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Appeal.* Petitioners Hereby Move to Dismiss 910628 Notice of Appeal in Matter W/Prejudice & W/Each Party to Bear Own Costs & Atty Fees.W/ Certificate of Svc ML20096A5921992-05-0707 May 1992 Motion to Withdraw Supplemental Filing.* Petitioners Urge NRC to Allow Withdrawal of Supplement for Good Cause Shown. W/Certificate of Svc ML20096A5311992-05-0606 May 1992 Long Island Power Authority Comments on SECY-92-140 & Response to Petitioner Joint Opposition to Decommissioning Order.* Util Urges NRC to Adopt Recommendation in SECY-92-140 & Approve Order.W/Certificate of Svc ML20096A5071992-05-0505 May 1992 Suppl to Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Supplements Joint Opposition Prior to Hearing.W/Certificate of Svc ML20095K8991992-04-29029 April 1992 Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Petitioners Urge Commission to Reject NRC Staff Proposal in SECY-92-140.W/Certificate of Svc ML20095H5611992-04-28028 April 1992 Affidavit of Lm Hill.* Affidavit of Lm Hill Supporting Util Position That Circumstances Exist Warranting Prompt NRC Action on NRC Recommendation That Immediately Effective Order Be Issued Approving Decommissioning Plan ML20094G3971992-02-26026 February 1992 Notice of State Taxpayer Complaint & Correction.* NRC Should Stay Hand in Approving Application for License Transfer as Matter of Comity Pending Resolution of Question as Util Continued Existence in Ny State Courts.W/Certificate of Svc ML20094G2261992-02-25025 February 1992 Petitioner Notice of Lilco/Long Island Power Authority Exaggeration & of Commencement of State Court Action.* NRC Should Await Ny State Decision Re Matter within Special Jurisdiction.W/Certificate of Svc ML20092K9021992-02-24024 February 1992 Petitioner Opposition to Ltr Request for Dismissal of Pages.* Suggests That Transfer of License Inappropriate at Present Time.W/Certificate of Svc ML20092K9511992-02-21021 February 1992 Response of Lilco & Long Island Power Authority to Petitioner Opposition to NRC Staff Recommendation for License Transfer Approval.* W/Certificate of Svc ML20092K8701992-02-20020 February 1992 Petitioners Opposition to NRC Staff Recommendation for Approval of License Transfer.* Urges Commission to Reject NRC Recommendation in SECY-92-041 & Remand Matter for Consideration in Normal Proceeding.W/Certificate of Svc ML20091E2661992-02-20020 February 1992 Petitioner Opposition to NRC Staff Motion to Dismiss.* Petitioners Urge NRC to Deny Staff Motion or Defer Action Until Petitioners Have Fully Developed Petitions & Supplied Detailed Contentions.W/Certificate of Svc ML20091E4011992-02-18018 February 1992 Answer of Long Island Power Authority to NRC Staff Motion to Dismiss Intervention Petitions.* Util Urges NRC to Grant Motion & Dismiss Intervention Petitions.W/Certificate of Svc ML20091E3161992-02-13013 February 1992 Lilco Response to NRC Staff Motion to Dismiss Intervention Petitions on Decommissioning Plan.* Requests That Petitions Be Struck & Petitioners Be Instructed of Possible Dismissal.W/Certificate of Svc ML20092D2931992-02-0606 February 1992 Answer Denying Petitions for Leave to Intervene & Request for Prior Hearing Re Decommissioning ML20091E2741992-02-0606 February 1992 Answer of Long Island Power Authority to Intervention Petitions Concerning Shoreham Decommissioning Plan.* Requests That Petitions for Leave & Requests for Hearing Be Denied.W/Certificate of Svc & Notice of Appearance ML20091E2941992-02-0606 February 1992 Lilco Opposition to Petitioner Request for Hearing on Shoreham Decommissioning Plan.* Informs That Util Opposes Both Requests for Hearing.W/Certificate of Svc ML20091E2831992-01-22022 January 1992 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition for Leave Be Granted & Hearing Held. W/Certificate of Svc & Notice of Appearance ML20091E2811992-01-22022 January 1992 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition Be Granted & Hearing Be Held.W/Certificate of Svc & Notice of Appearance ML20086T7231992-01-0303 January 1992 Motion of Long Island Power Authority for Leave to File Supplemental Matls.* Requests That Supplemental Memorandum & Supplemental Legislative History Matls Be Filed. W/Certificate of Svc ML20086T7541992-01-0303 January 1992 Memorandum of Long Island Power Authority Concerning Supplemental Legislative History Matls.* Supports Legislative History & Argues That License Not Subj to Termination Under Section 2828.W/Certificate of Svc ML20086Q9171991-12-30030 December 1991 Lilco Opposition to Petitioners Request for Stay & Suggestion of Mootness.* Suggests That Stay Request & Suggestion of Mootness Be Denied.W/Certificate of Svc ML20086Q9281991-12-30030 December 1991 Opposition of Util to Motion for Stay of License Transfer & to Suggestion of Mootness.* Concluded That Relief Sought in Petitioner Motion & Suggestion Should Be Denied. W/Certificate of Svc ML20091H8261991-12-19019 December 1991 Suggestion of Mootness Due to Long Island Power Authority Imminent Demise.* Concludes That If Commission Were to Transfer Shoreham Licenses to Lipa,Nrc Could Find Itself W/Class 103 Facility W/O Licensee.W/Certificate of Svc ML20091H8661991-12-18018 December 1991 Lilco Opposition to SE2 Appeal from LBP-91-26 & LBP-91-39. Concludes That Appeal Should Be Summarily Rejected or Be Denied on Merits.W/Certificate of Svc ML20086N1661991-12-17017 December 1991 Motion for Stay of License Transfer Pending Final Order on Petition to Intervene & Request for Hearing & for Addl or Alternative Stay.W/Certificate of Svc ML20086M0791991-12-16016 December 1991 Certificate of Svc.* Certifies Svc of Petitioner Notice of Appeal & Brief in Support of Appeal in Proceeding to Listed Individuals ML20086J6351991-12-0909 December 1991 Lilco Opposition to Petitioners Contentions on License Transfer Amend.* Concludes That License Transfer Amend Contentions Be Rejected & Petitioner Request to Intervene Denied.W/Certificate of Svc ML20086J3521991-12-0909 December 1991 Response of Long Island Power Authority to Petitioners Joint Supplemental Petition.* Board Should Dismiss Petitions to Intervene for Lack of Standing & Reject All Contentions Proffered by Petitioners.W/Certificate of Svc ML20094E1041991-12-0909 December 1991 Response to Long Island Power Authority to Petitioners Joint Supplemental Petition ML20091G2051991-12-0303 December 1991 Brief in Support of Appeal.* Commission Should Consider Appeal on Basis That Findings of Matl of Facts Clearly Erroneous.W/Certificate of Svc ML20091G1971991-12-0303 December 1991 Notice of Appeal.* Informs of Appeal of LBP-91-26 & LBP-91-39 in Facility possession-only License Proceeding ML20086C5381991-11-18018 November 1991 Petitioner Joint Supplemental Petition.* Petition Includes List of Contentions to Be Litigated in Hearing Re License Transfer Application.W/Certificate of Svc ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* 1995-10-18
[Table view] Category:PLEADINGS
MONTHYEARML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B0621993-10-20020 October 1993 Long Island Power Authority Response to Nuclear Regulatory Commission Order of 931014.* Requests That NRC Reject State of Nj Filing.W/Certificate of Svc ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20059F0191993-10-0808 October 1993 Long Island Power Authority Reply to New Jersey Filing of 931020.* Licensee Requests That NRC Deny State of Nj Intervention Petition.W/Certificate of Svc ML20097C2631992-06-0303 June 1992 Petitioner Consented Motion to Dismiss.* NRC Should Issue Order Dismissing School District & Scientists & Engineers for Secure Energy,Inc as Petitioners in Proceeding.W/ Settlement Agreement & Certificate of Svc ML20097C2911992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeal.* Dismisses 911203 Notice of Appeal W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees Due to Encl Settlement Agreement. W/Certificate of Svc ML20097C1361992-06-0303 June 1992 Petitioners Consented Motion to Dismiss.* Petitioners by Counsel Move ASLB to Dismiss Petitioners as Petitioners for Leave to Intervene & Request for Hearing in Proceeding W/ Prejudice.W/Certificate of Svc ML20097C1081992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Appeal.* Petitioners Hereby Move to Dismiss 910628 Notice of Appeal in Matter W/Prejudice & W/Each Party to Bear Own Costs & Atty Fees.W/ Certificate of Svc ML20097C2891992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeals.* Appeals Being Dismissed Due to Encl Settlement Agreement.Nrc Should Dismiss Appeals W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees.W/Certificate of Svc ML20097C3241992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Joint Opposition to Issuance of Decommissioning Order Prior to Hearing.* W/Certificate of Svc ML20096A5921992-05-0707 May 1992 Motion to Withdraw Supplemental Filing.* Petitioners Urge NRC to Allow Withdrawal of Supplement for Good Cause Shown. W/Certificate of Svc ML20096A5311992-05-0606 May 1992 Long Island Power Authority Comments on SECY-92-140 & Response to Petitioner Joint Opposition to Decommissioning Order.* Util Urges NRC to Adopt Recommendation in SECY-92-140 & Approve Order.W/Certificate of Svc ML20096A5071992-05-0505 May 1992 Suppl to Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Supplements Joint Opposition Prior to Hearing.W/Certificate of Svc ML20095K8991992-04-29029 April 1992 Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Petitioners Urge Commission to Reject NRC Staff Proposal in SECY-92-140.W/Certificate of Svc ML20094G2261992-02-25025 February 1992 Petitioner Notice of Lilco/Long Island Power Authority Exaggeration & of Commencement of State Court Action.* NRC Should Await Ny State Decision Re Matter within Special Jurisdiction.W/Certificate of Svc ML20092K9021992-02-24024 February 1992 Petitioner Opposition to Ltr Request for Dismissal of Pages.* Suggests That Transfer of License Inappropriate at Present Time.W/Certificate of Svc ML20092K9511992-02-21021 February 1992 Response of Lilco & Long Island Power Authority to Petitioner Opposition to NRC Staff Recommendation for License Transfer Approval.* W/Certificate of Svc ML20092K8701992-02-20020 February 1992 Petitioners Opposition to NRC Staff Recommendation for Approval of License Transfer.* Urges Commission to Reject NRC Recommendation in SECY-92-041 & Remand Matter for Consideration in Normal Proceeding.W/Certificate of Svc ML20091E2661992-02-20020 February 1992 Petitioner Opposition to NRC Staff Motion to Dismiss.* Petitioners Urge NRC to Deny Staff Motion or Defer Action Until Petitioners Have Fully Developed Petitions & Supplied Detailed Contentions.W/Certificate of Svc ML20091E4011992-02-18018 February 1992 Answer of Long Island Power Authority to NRC Staff Motion to Dismiss Intervention Petitions.* Util Urges NRC to Grant Motion & Dismiss Intervention Petitions.W/Certificate of Svc ML20091E3161992-02-13013 February 1992 Lilco Response to NRC Staff Motion to Dismiss Intervention Petitions on Decommissioning Plan.* Requests That Petitions Be Struck & Petitioners Be Instructed of Possible Dismissal.W/Certificate of Svc ML20091E2941992-02-0606 February 1992 Lilco Opposition to Petitioner Request for Hearing on Shoreham Decommissioning Plan.* Informs That Util Opposes Both Requests for Hearing.W/Certificate of Svc ML20091E2741992-02-0606 February 1992 Answer of Long Island Power Authority to Intervention Petitions Concerning Shoreham Decommissioning Plan.* Requests That Petitions for Leave & Requests for Hearing Be Denied.W/Certificate of Svc & Notice of Appearance ML20091E2811992-01-22022 January 1992 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition Be Granted & Hearing Be Held.W/Certificate of Svc & Notice of Appearance ML20091E2831992-01-22022 January 1992 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition for Leave Be Granted & Hearing Held. W/Certificate of Svc & Notice of Appearance ML20086T7231992-01-0303 January 1992 Motion of Long Island Power Authority for Leave to File Supplemental Matls.* Requests That Supplemental Memorandum & Supplemental Legislative History Matls Be Filed. W/Certificate of Svc ML20086Q9281991-12-30030 December 1991 Opposition of Util to Motion for Stay of License Transfer & to Suggestion of Mootness.* Concluded That Relief Sought in Petitioner Motion & Suggestion Should Be Denied. W/Certificate of Svc ML20086Q9171991-12-30030 December 1991 Lilco Opposition to Petitioners Request for Stay & Suggestion of Mootness.* Suggests That Stay Request & Suggestion of Mootness Be Denied.W/Certificate of Svc ML20091H8261991-12-19019 December 1991 Suggestion of Mootness Due to Long Island Power Authority Imminent Demise.* Concludes That If Commission Were to Transfer Shoreham Licenses to Lipa,Nrc Could Find Itself W/Class 103 Facility W/O Licensee.W/Certificate of Svc ML20091H8661991-12-18018 December 1991 Lilco Opposition to SE2 Appeal from LBP-91-26 & LBP-91-39. Concludes That Appeal Should Be Summarily Rejected or Be Denied on Merits.W/Certificate of Svc ML20086N1661991-12-17017 December 1991 Motion for Stay of License Transfer Pending Final Order on Petition to Intervene & Request for Hearing & for Addl or Alternative Stay.W/Certificate of Svc ML20086J3521991-12-0909 December 1991 Response of Long Island Power Authority to Petitioners Joint Supplemental Petition.* Board Should Dismiss Petitions to Intervene for Lack of Standing & Reject All Contentions Proffered by Petitioners.W/Certificate of Svc ML20086J6351991-12-0909 December 1991 Lilco Opposition to Petitioners Contentions on License Transfer Amend.* Concludes That License Transfer Amend Contentions Be Rejected & Petitioner Request to Intervene Denied.W/Certificate of Svc ML20091G2051991-12-0303 December 1991 Brief in Support of Appeal.* Commission Should Consider Appeal on Basis That Findings of Matl of Facts Clearly Erroneous.W/Certificate of Svc ML20086C5381991-11-18018 November 1991 Petitioner Joint Supplemental Petition.* Petition Includes List of Contentions to Be Litigated in Hearing Re License Transfer Application.W/Certificate of Svc ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* ML20082G8971991-08-0909 August 1991 Lilco Responses to Petitioner Filings of 910805 & 06.* W/Certificate of Svc ML20082G8441991-08-0707 August 1991 Motion for Offical Notice to Correct Representation.* Moves Board to Take Official Notice of Encl NRC Records to Correct Representation Made at Prehearing Conference. W/Certificate of Svc ML20082G8571991-08-0707 August 1991 Petitioners Response to Lilco Re Physical Security Plan.* Petitioners Suggest That Util post-hearing Filing Does Not Dispose of Any Issue as to Util Compliance W/Settlement Agreement.W/Certificate of Svc ML20076D0721991-07-22022 July 1991 Petitioners First Emergency Motion for Stay.* Movants Urge Commission,In Interest of Justice,To Enjoin Lilco from Taking Any Actions Under possession-only License Which Might Moot Renewed Application for Stay.W/Certificate of Svc ML20076D1541991-07-22022 July 1991 Lilco Response to Petitioner Emergency Motions.* Believes Petitioner Emergency Motions Should Be Denied to End Frivolous Pleadings & Burdens of Time & Resources of Nrc. W/Certificate of Svc ML20076D0841991-07-21021 July 1991 Petitioners Second Emergency Motion for Stay.* Petitioners Urge Commission,Ex Parte,To Enjoin Lilco,From Any & All Acts W/Respect to Shoreham Which Would Be Inconsistent W/Nrc Representation in Court.W/Certificate of Svc ML20076D2071991-07-15015 July 1991 Lilco Opposition to Shoreham-Wading River Central School District (Swrcsd) Appeal from LBP-91-26.* Appeal Should Be Denied Due to Listed Reasons.W/Certificate of Svc ML20082D4051991-07-12012 July 1991 Lilco Opposition to SE-2s Contentions on Possession Only License Amend.* Concludes That Contentions Should Be Rejected & Request for Hearing on Possession Only License Amend Should Be Denied.W/Certificate of Svc ML20082D4001991-07-12012 July 1991 Movant-intervenors Motion for Change of Venue of Prehearing Conference.* Intervenors Request Change of Venue of 910730 Prehearing Conference from Hauppauge,Ny to Washington DC Area.W/Certificate of Svc ML20082D3891991-07-10010 July 1991 Lilco Support of NRC Staff Motion for Reconsideration of LBP-91-26.* for Reasons Listed,Nrc 910625 Motion Should Be Granted & Request for Hearing & Petition to Intervene in Amend Proceeding Should Be Denied.W/Certificate of Svc ML20082B4311991-07-0303 July 1991 Lilco Opposition to Petitioner Contentions on Confirmatory Order,Physical Security Plan & Emergency Preparedeness License Amends.* Petitioner Contentions Should Be Rejected & License Amends Denied.W/Certificate of Svc ML20082B3531991-07-0202 July 1991 Unopposed Motion for Variance in Svc Requirements.* Informs That Filing & Svc Requirements Presents No Obstacle to Filing W/Aslb or Svc Upon Any Parties.W/Certificate of Svc. Served on 910702.Granted for Licensing Board on 910702 ML20082B2461991-06-28028 June 1991 Movant-Intervenor Brief in Support Accompany Notice of Appeal.* School District Urges Commission to Reverse & Remand Dismissal Order W/Appropriate Guidance.W/Ceritifcate of Svc ML20082B2571991-06-28028 June 1991 Unopposed Motion for Variance in Svc Requirements.* Petitioners Urge ASLB to Grant Variance in Svc Procedures Requested to Allow Svc of Judge Ferguson.W/Certificate of Svc 1993-10-08
[Table view] |
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. hh 04/20/88 00LMETE0 USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '88 APR 25 P4 :00 0FFICE C: L ;n u.i BEFORE THE ATOMIC SAFETY AND LICENSING HOAffo hEim DR11;:n( sew a In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-6
) (25% Power)
(Shoreham Nuclear Power Station, )
Unit 1) )
NRC STAFF'S RESPONSE TO LILCO'S AND INTERVENORS' BRIEFS OF APRIL 1,1988 ON MOTION TO AUTHORIZE OPERATION AT 25% OF FULL POWER INTR OD U,C_ TION
- Dy Order of February 26, 1988, the Board directed the parties to file briefs by April 1, 1988, "on the impact of pending emergency 4 contentions on a reasonable assurance finding authorized by 10 C.F.R.
6 50.57(c)." The parties were "to develop whether such contentions are substantively relevant to a 251 power operation of the Shoreham Nuclear Facility." The Order further provided that responses to those briefs which might be submitted twenty days after April 1,1988.
in a pleading of March 9,1988, the Staf f advised the Board, that although it projected completing work on whether there are issues of safety significance to operation at 25% power and the difference in the progression of accidents at that power level as compared with accidents at 100 percent power in the late spring, it would not be able to ascertain whether pending contentions are substantively relevant to operation at a 25% power level until early fell of this year. I The Staff here responds to the briefs of the other parties filed on April 1,1988. l g
8804290025 880420 0 y2 i
DR ADOCK O
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3 p ;
DISCUSSION i
In its April 1,198e pleading, LILCO again Indicates that finding thas i
present contentions are not relevant to c, erations at 25% power requires a detailed analysis of risks at that power level as compared with operations at full power. LILCO's Brief at 2-10. On the basis of such an analysis it is maintalncd that It can be ascertained that the remaining contentions do not have substantive relevance to operations at 25% power and that t
Shoreham may be authorized to operate at that power level. Id. at 11-24.
As the Staff does, LILCO recognizes that action on its request to operate at 25% power reautres an analysis of the validity of its projections of
' differences in accident sequence progressions at a 25% power level ir.
cor trast with operations, at full power. Id. at 8-10.
lhe Intervenors, although recognizing that accident sequences at 25% of full power has relevance to the remaining contentions, maintain that the application for autliority to operate at a 25% power should be ,
summarily rejected. Ocvernments' Brief at 1-2. In doing so they ignore the directions of this Board in its February 26, 1988 Order of the matters to be encompassed in the subject pleadings, as well as its January 7, 1988 Memorandum and Order, which con idered and rejected most of the .
l arguments Intervenors again make to have the Board summarily reject t
1.lLCO's application. Memorandum and Order at 7. O l
] ;
1/ The Intervenors indicate in their brief that they have not yet
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started e review and analysis of the application. At 4. They state that such a review must await the completion of the Staff review (at 3), and that it would thereafter take IntervenorsThe at Intervenors, least as longareat the Staff to review the application. At 5.
wrong. They, as other parties in NRC proceedings, are Ne obl' gated to ,
reply to an application, not the Sta ff's review. cenerally, !
(FOOTNOTE CONTINUED ON NEXT PAGE) 3
- ) This Board has previously rejected arguments that consideration of the 25% license application was foreclosed because the LILCO plan was not found to comply with NRC regulations. Memorandum and Order, January 7, 1988, at 7. The question upon consideration of the subject motion is whether emergency planning issues are "significant for the plant in question" (10 C.F.R. 9 50.47(c)(1)), and whether those issues "are relevant to the activity sought to be authorized" (10 C.F.R. 6 50.57(c)l.
Id. at 6-7. Thus the bulk of Intervenors' brief (at 8-18) concer ning what has been decided in former proceedings is not dispositive, for the question to be determined under LILCO's motion is the relevance and significance of issues where it has not yet been decided that the emergency plan met Commission regulations.
This in turn, as the Board (FOOTNOTE CONTINUED FROM PREVIOU3 PAGE)
Nuclear S tation , Units 1 and 2),
f Duke Power Co. (Catawba CL1-83-19, 17 NRC In41 (1983). The Intervenors have an independent obligation to commence a review of the application now if they seek to oppose it. See Statement of Policy on Conduct of Licensing Proceedings, CLl-81T 13 NRC 452, 45~4 (1981). The l
! Intervenors will forfeit any right to an extension of time to reply to the application if they do not commence a concerted and expeditious l review of the application now.
l The Intervenors also speak of a right to file contentions on the Governments' Brief at 4, n.8. Section 25% power application.
i 50.57(c) of 10 C.F.R. provides that the only matters to be heard on for low power operations is whether Dresent an application l
"contentions are relevant to the activity to be authorized." Thus
(
new contentions are not to be submitted on the application.
Further, if new cor.tentions were permissible on the application they would be out of time as they would have been due shortly after the application was filed. See Ca ta wba. , supra. This Board has l
indicated that it did not contemplate the filing of new contentions, but would give the Intervenors "further opportunity to state with basis And specificity the way in which any of Memorandum the present contentions and Order, are relevant to the proposed operation."
January 7,1988, at 11.
l u
I Y 4 recognized , is dependent on the nature and scope of emergency planning needed at 25% power. & To merely say that areas where compliance has not been found prevents issuance of a license only restates the Intervenors' claim that a low power license may not issue, without showing whether those areas are substantively relevant to the issuance of such a license. 2,/
Further, as this Board has recognized "fundamental flaws are by no means uncorrectable flaw s. " Memorandum (Extension of Board's Ruling and Opinion on LILCO Summary Disposition Motions etc.), April 8,1968 at 42, see also 40. Thus proceedings to determine whether LILCO is entitled to a 25% power license should go forward at the same time as l
l pending scheduled hearings and a new exercise are going forward to see if the fundamental flaws have been corrected.
l The Intervenors' also argue that unless an exemption is obtained under 10 C.F.R. 9 50.17(a), compilance with Appendix E to 10 C.F.R.
l
! Part 50 is required whether or not the requirements of 10 C.F.R.
i Governments' Brief at 22-23. As we have stated 9 50.47(c)(1) are met.
under 10 C.F.R. 9 50.57(c), the question is whether contentions are I
relevant to operation at the power level sought. If the requirements of Intervenors claim that prior Board decisions on certain issues are
-2/
udicata . " Those decisions dealt with the issuance of a license "res C {6MVwer operations, not with whether compliance with those Similarly the provisions was necessary for 25% power operations.
question of whether LILCO's ability to implement the plan is adequate for 25% power operations was not previously ruled upon. Questions concerning the scope of the exercise and the results of the exercise must be viewed under 10 C.F.R. 99 50.57(c) and 50.47(c)(1) in the context of the activity for which permission is sought and whether the deficiencies are significant for the plant in question, i
? ,
1 l
Appendix E are not relevant to such operations a limited power ilcense might be authorized.
Intervenors also argue that the provisions of i 50.47(c)(1) allowing exceptions to be made to emergency planning regulations for "deficiencies j not significant for the plant in question" is only applicable to the l l
provisions of 9 50.47(b) and not to Appendix E. Governments' Brief at 72-23. This ignores that 5 50.47(b)(14) particularly provides that l emergency plans must provide for the exercises mentioned in Appendix E, ;
and that 9 50.47(c)(1) allows exceptions to be made to all provisions of 6 50.47(b). - As this Board indicated in its Memorandum (Exwnsion of Roard's Ruling and Opinion on LILCO Summary Disposition Motions, etc.),
of April 8, 1988, at 22, the complimentary provisions in 6 50.47 and Appendix E "should be read together where possible." It concluded that she provisions of 10 C.F.R. s 50.47(b), allowed "due allowance for l
l comper,Latory measures... for the requirements of Appendix E also." Id.
The exception to exercise requirements, as well as other emergency planning requirements, might be shown under 10 C.F.R. 9 50.47(c)(1),
when failure to satisfy those requirements "are not significant for the plant in question." b 3/ No amendment to the regulations was needed to include exercise
'~
requirements, as well as other emergency planning requirments, under the provisions of 10 C.F.R. 6 50.47(c)(1), as all emergency planning provisions must be read together and 9 50.47(b)(14) covers emergency planning exercises.
4/ Intervenors also seek to butress their argument on the need for an
~
exemption to waive exercise requirements on the fact that such exemptions were granted in the past where full power operation was f (FOOTNOTE CONTINilED ON NEXT PAGE) l
- i. '
No cause is shown to dismiss the subject applicatfon until it is determined whether pending contentions are substantively relevant to the operation of Shoreham at 25% of full power.
CONCLUSION For the foregoing reasons, proceedings should continue to determine whether LILCO is entitled to a license for operations at 25% of rated power under 10 C.F.R. 66 50.57(c) and 50.47(c)(1).
Respectfully submitted, ,
Edwin J. Reis Deputy Assistant Cencral Counsel Dated at Rockville, Maryland this 20th day of April 1483 l
1 l
l l
l (FOOTNOTE CONTINUED FROM PREVIOUS PAGE) sought. Governments' Brief at 22-23. Those instances do not show that such relief is required here where LlLCO seeks an authorization under 10 C.F.R. 6 50.57(c).
1
(_
, s KC1ED y ON,WC U
UNITED STATES OF AMERICA 88 Nm 25 P4 :00 NUCLEAR REGULATORY COMMISSION OFFICE OF SI Ud #'
BEFORE THE ATOMIC SAFETY AND LICENSING BONb$Ihc in the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-6
) (25% Power)
(Shoreham Nuclear Power Station, )
Unit 1) )
CERTIFICATE OF SERVICC i herchy certify that copies of "NRC STAFF'S RESPONSE TO LILCO'S AND INTERVENORS' BRIEFS OF APRIL 1, 1988 ON MOTION TO AUTHORIZE OPERATION AT 25% OF FULL POWER" in the abova-captioned proceeding have been served on the fotfowing by deposit in the United States mall, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system , this 20th day of April 1988.
James P. Cleason, Chairman
Administrative Judge Director, Utility Intervention Atomic Safety and Licensing Board Suite 1020 U.S. Nuclear Regulatory Commission 99 Washington Avenue Washington, DC 20555 Albany, NY 12210 Dr. Jerry R. Kline* Fabian G. Palomino, Esq.
Administrative Judge Special Counsel to the Governor Atomic Safety and Licensing Board Executive Chamber U.S. Nuclear Regulatory Commission State Capitol Washington, DC 20555 Albany, NY 12224
! Fredericl: J. Shon* Jonathan D. Feinberg, Esq.
Administrative Judge New York State Department of Atomic Safety and Licensing Board Public Servico U.S. Nuclear Regulatory Commission Three Empire State Plaza
! Washington, DC 20555 Albany, NY 12223 David L. Hetrick W. Taylor Reveley fil, Esq.
Donald P. Irwin, Esq.
Alternate Board Member Professor of Nuclear and Energy 707 East Main Street Engineer P.O. Box 1535 The University of Arizona Richmond, VA 23212 Tucson, Arizona 85721
V Herbert H. Brown, Esq, Stephen B. Latham, Esq. Lawrence Coe Lanpher, Esq. #
Twomey, Latham 6 Shea Karla J. Letsche, Esq.
Attorneys at Law Kirkpatrick 6 Lockhart 33 West Second Street South Lobby - 9th Floor Riverhead, NY 11901 1800 M Street, NW Atomic Safety and Licensing Washington, DC 20036-5891 Board Panel
- U.S. Nuclear Regulatory Commission Jay Dunkleberger New York State Energy Washington, DC 20555 Office Atomic Safety and Licensing Agency Building 2 Appeal Board Panel
- Empire State Plaza U.S. Nuclear Regulatory Commission Albany, NY 12223 Washington, DC 20555 Soence W. Perry, Esq.
Martin Bradley Ashare, Esq. Ceneral Counsel Suffolk County Attorney Federal Emergency Management H. Lee Dennison Building Agency Veteran's Memorial Highway 500 C Street, SW hauppauge, NY 11788 Washington, DC 20472 Anthony F. Earley, Jr. Dr. Monroe Schneider General Counsel North Shore Committee Long Island Lighting Company P.O. Box 231 175 East Ola County Road Wading River, NY 11792 Hicksville, NY 11801 Ms. Nora Bredes Shoreham Opponents Coalition Dr. Rot >ert Hoffman Long Island Coalition for Safe 195 East Main Street Smithtown, NY 11787 Living P.O. Box 1355 William R. Cumming, Esq.
Massapequa, NY 11758 Office of General Counsel Alfred L. Nardelli, Esq. Federal Emergency Management New York State Department of Law Agency 120 Broadway 500 C Street, SM Room 3-118 Washington, DC 20472 Docketing and Service Section* Barbara Newman Office of the Secretary Director, Environmental Health U.S. Nuclear Regulatory Commission Coalition for Safe Living Washington, DC 20555 Box 944 Huntington, New York 11743 Dr. W. Reed Johnson Philip McIntire 115 Falcon Drive, Colthurst Federal Emergency Management Charlottesville, VA 22901 Agency 26 Federal Plaza Room 1349 New York, NY 10278
/
Edwin J. Reis Deputy Assi ant General Counsel