ML20155G764

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Order Granting Lilco 860318 Motion to Dismiss Proceeding as Moot Due to Low Power Testing Completed W/Different Equipment & NRC 860327 Lack of Objection to Motion.Served on 860505
ML20155G764
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 05/05/1986
From: Kelley J
Atomic Safety and Licensing Board Panel
To:
LONG ISLAND LIGHTING CO.
References
CON-#286-030, CON-#286-30 77-347-01D-0L, 77-347-1D-L, OL-4, NUDOCS 8605070120
Download: ML20155G764 (2)


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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 000HETED N RC ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges: M W -5 N 4 James L. Kelley, Chainnan Glenn 0. Bright Elizabeth.B. Johnson Ottt er a ; g rf.py GDCF ; *,'.

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In the Matter of

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Docket No. 50-322-OL-4

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(Low Power)

LONG ISLAND LIGHTING COMPANY

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(ASLBP No. 77-347-010-0L)

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(Shoreham Nuclear Generating Plant,

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Unit 1)

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May 5, 1986

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ORDER DISMISSING PROCEEDING AS M00T On March 18, 1986, counsel for LILCO filed a motion to dismiss this proceeding as moot. The motion noted the fact that (1) the TDI diesels had been approved by another Licensing Board for low and full power operation, (2) low power testing had been completed, and (3) the Licensing Board decision had been approved by the Appeal Board. 22 NRC 776 (1985). Thus, the licensing event for which this proceeding had been convened--low power testing--had been completed using different equipment. The motion accordingly stated that "LILC0 moves that this Board dismiss this proceeding as moot, without prejudice to LILC0'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."

On March 27, 1986, the NRC Staff stated its lack of objection to the LILC0 motion, citing the same grounds. No other party responded to the motion.

8605070120 860505 PDR ADOCK 05000322 O

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The Board understands the basic circumstances surrounding this motion to be as stated by LILCO. LILCO's unopposed motion to dismiss the proceeding as moot, witho'ut prejudice, is granted.

FOR THE ATOMIC SAFETY AND LICENSING BOARD bA

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--p J@6s L. Kelley, Ch# rman Bethesda, Maryland 1

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