ML20154Q638

Motion to Dismiss Proceeding as Moot W/O Prejudice to Util Ability to Apply Under Future Circumstances to Use General Motors EMD Diesel Engines &/Or 20 Mwt Turbine as Emergency Backup Power Sources.Certificate of Svc Encl

ML20154Q638
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/18/1986
From:	Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
References
CON-#186-470 OL-4, NUDOCS 8603210211
Download: ML20154Q638 (5)

Text

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{ LILCO, Merch 18, 1986 h UNITED STATES OF AMERICA DOLMETED USNRC NUCLEAR REGULATORY COMMISSION

'86 MAR 20 N0:10 Before the Atomic Safety and LiceNFhm1 Goard , . -

00CKlil% & u.s1:U BRANCu In the Matter of )

)

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

) (Low Power--Security)

(Shoreham Nuclear Power Station, )

Unit 1) )

LILCO'S MOTION TO DISMISS PROCEEDING AS MOOT This proceeding was convened to determine the adequacy of special physical security measures for protection of the alternate backup sources of AC power at Shoreham, four General Motors EMD diesel engines and a 20 megawatt combustion turbine. These were proposed by LILCO to be used during low power testing, pending the repair and requalification of the station's design sources of emergency AC power, three Transamerica Delaval (TDI) diesel gener-ators.

This proceeding has been in abeyance since the spring of 1985 while issues related to the final qualification of the TDI diesels were being determined. (Security provisions relative to the TDI diesels had been resolved in a comprehensive settlement agreement dated November 1982.)

0603210211 860318 PDR ADOCK 05000322 G PDR I

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t lk i In a letter dated August 14, 1985, counsel for LILCO

. notified this Board that the TDI diesels had been approved for low and full power operation by the Atomic Safety and Licensing Board with jurisdiction over them and that low power testing had com-menced, and indicated that in the event that the Licensing Board's

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

Both of those events have occurred. Required low power testing at Shoreham was successfully completed in October 1985 and the plant has been shut down for modifications and maintenance since then. In addition, the Licensing Board's decision, i

l LBP-85-18, 21 NRC 1637 (1985), was approved by the Appeal Board.

ALAB-824, 22 NRC 776 (1985). On February 28, 1986 the Commission indicated that it would not take review of the matter, producing i

final agency action approving the TDI diesels.

Thus, the licensing event for which this proceeding was con-vened -- required low power testing -- has been completed, using different equipment from that at issue here. And although LILCO i may desire to utilize the 20 megawatt turbine or the EMD diesels for backup power again at some time in Shoreham's life, those cir-cumstances will be different from-those obtaining in this proceed-

ing, and if any license modification for that use is necessary it i

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will have to be obtained in the context of those different cirumstances.

According.y, LILCO moves that this Board dismiss this pro-ceeding as moot, without prejudice to LILCO's ability to apply under future circumstances to use the EMD diesels and/or the 20 megawatt turbine as emergency. backup power sources in accordance with the Commission's regulations.

Respectfully submitted, M '

Do'nald P. Irwin Robert M. Rolfe Counsel for Long Island Lighting Company Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 804/788-8200 Of Counsel: Anthony F. Earley, Jr., Esq.

General Counsel Long Island Lighting Company 175 East Old Country Road Hicksville, New York 11801 DATED: March 18, 1986 i

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LILCO, March 18, 1986 k

CERTIFICATE OF SERVICE In the Matter of 0 S c LONGISLANDLIGHTINGCOMPANY{l"hIEU (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322-OL-4.

(Low Power--Security) 86 MR 20 A10:10 0FFICL U . e ..

00CKLlou s #

BRANCH I hereby certify that copies of LILCO'S Motion to Dismiss Proceeding as Moot 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 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 Washington, 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 Oak Ridge, Tennesee 37830 Building Veterans Memorial Highway Edwin J. Reis, Esq. Hauppauge, New York 11788 Bernard M. Bordenick, Esq.

Office of the Executive Martin Bradley Ashare, Esq.

Legal Director Suffolk County Attorney U.S. Nuclear Regulatory H. Lee Dennison Building Commission Veterans Memorial Highway Maryland National Bank Building Hauppauge, New York 11788 7735 Old Georgetown Road Bethesda, MD 20814 g

t In Jay Dunkleberger, Esq. Stephen B. Latham, Esq.

New York State Energy Office John F. Shea, Esq.

Agency Building 2 Twomey, Latham & Shea Empire State Plaza 33 West Second Street Albany, New York 12223 Riverhead, New York 11901 Mr. Martin Suubert c/o Congressman William Carney 1113 Longworth House Office Building Washington, D.C. 20515

[ .

DonMld P. Irwin Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: March 18, 1985 l

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