ML20215K955

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Forwards Suffolk County,State of Ny & Town of Southampton 870505 Motion Requesting Commission to Direct Staff to Cease All Aspects of Review of Util Request to Operate Facility at 25% of Rated Power
ML20215K955
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 05/07/1987
From: Brown H
NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY
To: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20215K958 List:
References
CON-#287-3369 OL, NUDOCS 8705120048
Download: ML20215K955 (2)


Text

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a02) nS9075 May 7, 1987 BY TELECOPIER Mr. Victor Stello Executive Director for. Operations U.S. Nuclear Regulatory Commission

. Washington, D.C.

20555

Dear Mr. Stello:

Enclosed is a copy of a motion filed May 5 by Suffolk County, New York State, and the Town of Southampton (the

" Governments") requesting the Commission immediately to. direct' the Staff to cease all aspects of its review of LILCO's " Request" to operate the Shoreham nuclear power plant at 25% of rated power.

Pending the Commission's ruling on the issue before it --

i.e., whether the NRC should even consider LILCO's " Request" on the merits and, if so, whether expedited review is justified --

it is not appropriate for the Staff to be performing a review of the " Request."

The reason is that the Staff is a formal party to this issue before the Commission and has filed its own views with the Commission concerning whether a review of LILCO's " Request" should go forward.

Until the Commission rules whether there should be a review of LILCO's " Request," therefore, the Staff --

being subject to the Commission's jurisdiction like the other parties -- has no authority to proceed with a-review.

Indeed, the Staff's review undermines the Commission's decisionmaking authority in'giving LILCO the relief which the Commission has not granted.

The Staff's review is therefore also absolutely prejudicial to the Governments.

Accordingly, the Governments request that you immediately act for the Staff to cease all aspects of the review of LILCO's

" Request" pending a ruling of the Commission.

In particular, the Governments request that all meetings, site visits, and conversations with LILCO, and all analyses and other work related to LILCO's " Request" he immediately halted.

8705120048 870507 PDR ADDCK 05000322 G

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4 KIRKPATRICK & LOCKHART

'Mr. Victor ~Stello May 7,.1987 Page 2

-The Governments would appreciate your prompt response by telecopier directed to the undersigned.

Sincerely,.

h Herbert H. Brown-cc:

Service List LILCO Counsel and NRC Staff by Telecopy 4

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