ML20195G999

Submits Daily Highlight.On 880107,ASLB Issued Rulings Re Util Request for Authorization to Operate Plant at 25% of Full Power.Rulings Listed

ML20195G999
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	01/11/1988
From:	Lo R Office of Nuclear Reactor Regulation
To:	Miraglia F, Murley T, Sniezek J NRC
Shared Package
ML20154E769	List: ML20154E766 ML20195G999
References
FOIA-88-63 OL-6, NUDOCS 8801130390
Download: ML20195G999 (1)

Text

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,.f '6, UNITED sT ATEs

]g NUCLE AR REGUL ATORY COMMISSION ,-

3 [%j w Asmotos o. c rom January 11, 1988 p"

%,.....,/ 3 Docket Nn. 50-327 R. Capra D. Hood T. Murlev* J. Partlow MEMORANDUM FOR: F. Congel W. Butler J. Snierek* V. Nerses F. wiraglia* J. Roe J. Stolt R. Starostecki* S. Black

• E. Adensan S. Varga* 8. Boger*

L. Rubenstein D. Crutchfield* G. Lainas* W. Treskoski L. Shao* F. Schroeder G. Holahan A. Thadani C. Rossi* R. Cooper J. Richardson W. Lanning THDU:

Walter R. Butler, Director Project Directorate I-2

• Division of Reactor Projects I/II Ronnie Lo, Project Manager FROM:

Project Directorate I-2 Division of R* actor Projects I/II

SUBJECT:

DAILY HIGHLIGHT Shoreham On January 7,1988 the ASLB (OL-6) isswd the following rulings related to LILCO's request for authorization to operate Shoreham at 25% of full power:

LILCO is entitled to proceed with its LILCO requestis'inder 10to entitled CFR 50.57(c) apply the .

(1) without first seeking an exemption.

provisions in 10 CFR 50.47(c)(1) to satisfy the "reasona j

I (2)

The intervenors are entitled to contest LILCO's request as provided 1

forunder50.57(c).

The Staff is directed to proceed with a review of LILCO's request.

(3) The Staff's Safety Evaluation Report should be made available to give the intervenors a further opportunity to state their contentions with basis and specificity.

(4) In light of the above rulings, the parties are directed to recorrend on the appointment of a separate Board or other special assistants as provided for under 10 CFR 2.722.

Ronnie Lo, Senior Project Manager s

' Project Directorate 1-2 oc I Division of Peactor Projects !/I!

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KIRKPATRICK & LOCKHART

," , SoUN LOBBY - 9TH Floor DCHAACCFLACE IW M STREET, NI S' ^ *

[y7g TASHINGToN, D.C. 200SM91 ,,in 2:7m H:s elucKitt avtsL1 MLAML FL 33HI RLEPHONE C2) 7754XC t % 1744112 TELix 440:N kL DC L'l IW OLMR BL11IXNG TILECCftIR G0:1778 9100 P!TT5 N RGH. Pali 22213M ROBERT R. BELA!R "O M54* '

(2Cli 178 902)

January 27, 1988 HAND DELIVERED 'M.

(L i 1.1. .b ;

Director, Office of Administration Nuclear Regulatory Commission

• 8 [

• b,3 14 1 National Bank Building 7735 Old Georgetown Road R W &/~d7"((

Bethesda, Maryland 20814 Re: Freedom of Information Act Request Gentlemen:

On behalf of our client, Suffolk County, Long Island, New Yor4, we request, pursuant to the Freedom of Information Act, as amended, 5 U.S.C. Section 552 ("FOIA"), and the rules of the Nuclear Regulatory Commission ("NRC") issued thereunder, 10 C.F.R. Part 9, copies of any agency records in the possession or control of the NRC relating to the following:

1. All records, including preparatory materials, contemporaneous notes, post-meeting discussions or analyses, and information submitted by the Long Island Lighting Company

("LILCO"), relating in any way to a January 14, 1988, meeting involving NRC employees, officials, agents or representatives (including Messrs. Reis, Johnson, Scoto, and Olmstead) and representatives of LILCO (Messrs. Earley, Frielicher, Reveley, and Irwin) concerning matters relating to the Shoreham Nuclear I Power Station.

2. All records, not served via the service list in 50-322-OL-03, 05, or 06 dockets, relating in any way to any other communications during the period March 1987 to the present between LILCO, including any person acting for or on behalf of l LILCO, and NRC employees, officials, agents or representatives, which concerned any matters pertaining to the Shoreham Nuclear Power Station, including without limitation, LILCO's request to operate Shoreham at 25 percent power, any Federal Emergency l Management Agency review of revisions to LILCO's emergency plan, M 4/yf3sf @gy l

., . , . . - . . _ . . . . - - . , . . . . .. , . . . . -.,m,-__ mo_,,

KIRKPXTRICK & LOCKHART Director, Office of Administration ,

January 27, 1988 '

Page 2 any further exercise of LILCO's emergency plan, and any proposed procedures or schedules for any review or exercise of LILCO's emergency plan.

In the event that access is denied to any of the records responsive to this request, please supply the following information:

a. Identify the record or withheld portion of the record and specify the statutory basis for the denial, as well as your reason for believing that an exemption applies, as required by 10 C.F.R. Section 9.10(b).

b. Segregate the nonexempt from the allegedly exempt portion of any withheld records and release the former, as required by 10 C.F.R. Section 9.5(b).

c. Supply a detailed statement of the content of the with-held document or portion thereof, along with the date on which that document or portion thereof was written; its section heading or title; and an identification of any persons or entities who have received copies of such records or portions thereof, as required by applicable case law. Vaughn v. Rosen, 484 F.2d 820, 826-827 (D.C. Cir. 1973).

d. Separately state your reasons for not invoking your discretionary power to release the allegedly exempt recordt or portions thereof.

The undersigned will pay charges for search time and copying fees, as provided by NRC regulations, 10 C.F.R. Section 9.14. If search and copying fees to be incurred by the undersigned will exceed $300, please notify Lorraine Gibson at (202) 778-9118 before this sum is exceeded. Any questions or comments concerning this request may also be directed to Ms. Gibson.

We expect to receive your response to this 70IA request within ten (10) working days of your receipt of this request, as i required by the FOIA, and as set forth at 10 C.F.R.

Section 9.9(a). <

Sincerel]y,

~ . ; ,

[ t Robert R. Belair l

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