ML20215D602

Memorandum & Order CLI-87-04.* Lilco 870414 Request for 25% License Denied Until Parties Can Agree on Long Island Power Needs.Served on 870612

ML20215D602
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/11/1987
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	LONG ISLAND LIGHTING CO.
References
CON-#287-3769 CLI-87-04, CLI-87-4, OL, NUDOCS 8706190076
Download: ML20215D602 (3)

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UHITED STATES OF AMERICA HUCLEAR REGULATORY COMMISSION

'87 511 F3 54 COMMISSIONERS:

Lando W. Zech, Jr. , Chairman .

Thomas M. Roberts 'f[kg James K. Asselstinc Frederick M. Bernthal i Kenneth M. Carr SERVED JUN 121987 In the Matter of LONG ISLAND LIGHTING COMPANY Docket No. 50-322 OL (ShorehamNuclearPowerStation, Unit 1)

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l MEMORANDUM AND ORDER CLI-87-04 On April 14, 1987, Long Island Lighting Company (LILCO) requested immediate Commission authorization to increase power for Shoreham from 5 percent to 25 percent of rated capacity. Accompanying the request was a motion for expedited Commission consideration. The primary basis for the request and motion was LILCO's belief that 25 percent operation was necessary to prevent a critical shortage of electrical power for Long Island this sumer. The NRC staff offered no views or the merits of the request, but supported LILCO's motion for expedition.

Intervenors New York State, Suffolk County, and Town of Southampton opposed both the request and the motion, asserting, among other things, that LILC0s claims of an impending power shortage were baseless.

i LILCO's request introduces a series of new material factual issues into this already complicated and prolonged proceeding, but neither D 6 870611 0 fh0[X05000322 PDR-0S01

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LILC0 nor the NRC staff has offered any suggestion as to how these 1 factual issues can possibly be resolved before the end of this sucrner if we follow our normal adjudicatory hearing procedures in 10 CFR

$50.57(c)and10CFRPart2,SubpartG. LILCO ray be suggesting some different decision procedure for its motion, but has made no specific suggestion in this regard and has offered no explanation of how the Commission may lawfully circumvent its usual rules for decisions.

We are not in a position to_ agree or disagree with LILCO's assertion that a 25 percent license is needed for electrical power on Long Island this summer. But on the basis of the filings before us, we can say that unless the State of New York, Suffolk County, and the other parties to this proceeding agree on Long Island's power needs and propose some means to settle the outstanding issues, there is nothing the Commission can lawfully do to grant LILCO's request for immediate authorization to operate at 25 percent power.1 Accordingly, LILCO's request for a 25 percent license is denied.

LILC0 may refile its request under 10 CFR 50.57(c) with the Licensing Board when and if it believes that some useful purpose would be served thereby.

l IIn response to LILCO's request and to the NRC staff's plans for review of the studies underlying the request, intervenors submitted a motion asking us to direct the staff to cease its review. In view of our disposition of the request, we presume that staff will no longer need to expend resources to review the request, unless necessary to respond to a renewed request for such authorization at some future time. Of course, nothing should prevent staff from reviewing any of LILCO's supaorting material for any other ' lawful purpose. For example, review of t1e PRA could offer useful insights into the safety of the Shoreham plant and how plant safety might be improved.

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3 It is so ORDERED.

A Fo the Comissior 5h,% ga/"'

4.*j8[De! caa h

SAMUEL J. CRILK SecretaryofthbComission 4 +**,

Dated at Washington, D.C.

N this O " day.of June,1987.

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l' Comissioner Bernthal was not present when this order was affirmed. If he had been present, he would have approved it.

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