ML20207K804
| ML20207K804 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 01/05/1987 |
| From: | Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | Federal Emergency Management Agency |
| References | |
| CON-#187-2097 OL-5, NUDOCS 8701090525 | |
| Download: ML20207K804 (3) | |
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Sl d)9,7 00' I'E T EP UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOAng JE -5 P3 !39 Administrative. Judges:
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- M L Alan S. Rosenthal, Chairman January S/ h1987 Gary J. Edles Howard A. Wilber SERVED JAN -61981 In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docxet No. 50-322-OL-5
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(Shoreham Nuclear Power Station, )
(EP Exercise)
Unit 1)
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MEMORANDUM AND ORDER On December 31, 1986, the Federal Emergen:y Management Agency (FEMA) filed a petition seeking leave to appeal from so much of the Licensing Board's December 11, 1986 order as
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reaffirmed the admission of contentions Ex 15 and Ex 16 in the emergency planning exercise phase of this operating license proceeding involving the Shoreham nuclear facility.1 In connection with its petition, FEMA requested a stay of discovery with respect to those contentions pending our determination of the merits of the controversy.
. Alternatively, FEMA asked that we either direct the Licensing Board to certify the matter to the Commission or certify it ourselves.
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2 Action on the petition necessarily must await the responses of the other parties.2 There is, however, no reason to grant the request that discovery be stayed pendente lite.
FEMA has not explicitly asserted, let alone-demonstrated, that, unless it is granted such a stay, it will suffer irreparable harm.
It is thus confronted with the settled principle that "one who establishes no amount of irreparable injury is not entitled to a stay in the absence of a showing that a reversal of the decision under attack is not merely likely, but a virtual certainty."4 In this instance, it is not a present certainty even that the Licensing Board's admission of the contentions in' question will be found to warrant interlocutory review.
Staf denied; decision on the FEMA petition deferred pending receipt of responses.
Inasmuch as the accompanying certificate of service reflects that the petition was served by ordinary mail, the responses of all parties with the excepton of the NRC staff will be due on January 15; the staff's response will be due on January 20.
See 10 CFR 2.710, 2.730 (c).
3 According to the Licensing Board's December 11 order (at 24), all discovery should be concluded by January 21.
4 Cleveland Elec_tric Illuminating Co. (Perry Nuclear Power Plant, Units 1 and 2), ALAB-820, 22 NRC 743, 746 n.8 (1985).
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3 It is so ORDERED.
FOR THE APPEAL BOARD k.__
51 C. Jehh Sh6emaker Secrethry to the Appeal Board a
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