ML20244E491

Motion of Suffolk County & State of Ny for Leave to File Contention on Util Financial Qualifications to Operate Plant,For Exception from Commission Rules & for Certification to Commission.*

ML20244E491
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	07/03/1984
From:	Palomino F, Sedky C KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SUFFOLK COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20244E495	List: ML20244E491 ML20244E506 ML20244E517
References
OL, OL-4, NUDOCS 8906200366
Download: ML20244E491 (4)

Text

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UNITED STATES OF AMERICA 4.-

NUCLEAR REGULATORY COMMISSION ] EO Before the Atomic Safety and Licensing BdlNd _ g q .g l

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In the Matter of )

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) Docket No. 50-322 (OL)

LONG ISLAND LIGHTING COMPANY .) and

) Docket No. 50-322-OL-4 (Shoreham Nuclear Power Station, ) (Low Power)

Unit 1) )'

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MOTION OF SUFFOLK COUNTY AND THE STATE OF NEW YORK FOR LEAVE TO FILE CONTENTION ON LILCO'S FINANCIAL QUALIFICATIONS TO OPERATE SHOREHAM, FOR AN EXCEPTION FROM COMMISSION RULES, AND FOR CERTIFICATION TO THE COMMISSION Suffolk County and the State of New York hereby move the Atomic Safety and Licensing Board, pursuant to 10 C.F.R. 52.714, for leave to file a contention concerning the financial qualification of Long Island Lighting Company ("LILCO") to op-erate the Shoreham Nuclear Power Plant ("Shoreham") and, pursu-ant to 10 C.F.R. 52.758(b), for an exception from the Commission's regulations, concerning the review of financial

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qualifications of electric utility companies. ,

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, Suffolk County and the State of New York do not concede l 1

the-validity of the Commission's June 7, 1984 Financial l i ___ > j 1\

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Qualifications Statement of Policy,.49' Fed. Reg. 24111 (June 12, 1984), or the validity of the Commission's amendment of its regulations "to eliminate entirely requirements for financial qualifications review and findings for electric utilities that are applying for ... . operating licenses . .. . . , 47 Fed.

Reg. 13750 (March 31, 1982).(hereinafter the " financial quali -

fications amendments"). See New England Coalition on Nuclear Pollution v. NRC, 727 F.2d 1127 (D.C. Cir. 1934).

Nevertheless, to the extent the Commission continues to view the financial qualifications amendments as being effective, Suffolk County and the State of New York hereby move-the Board,.

pursuant to 10 C.F.R. 52.758(b), that an exception be made'for this proceeding from those amendments to the Commission's rules which eliminate the requirements for financial qualifications review and findings. Specifically, Suffolk County and the State of New York hereby move for an exception from those provisions of 10 C.F.R. 52.104, Sections VI and VIII of Appen-

'i dix A to Part 2, SS50.33(f), 50.40 and 50.57 which except certain electric utilities from otherwise applicable financial l l

qualifications review and findings criteria. As grounds for '

l l the. exception, and as more fully set forth in the accompanying l

Memorandum and the Affidavit of Michael D. Dirmeier, Suffolk l

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County and the State of New York allege that the' financial affairs of LILCO, as recently disclosed, constitute special circumstances with respect to the subject matter of this pro-ceeding such that.the application of the financial qualifica-tions amendments would not serve the purpose for which the-amendments were adopted.

In the event that this motion is denied, Suffolk County and the State of New York further move, pursuant to 10 C.F.R.

S$2.718(i) and 2.730(f), that the Board's order denying the motion be certified to the Commission in order to prevent detriment to the public interest and unusual delay and expense.

In support of the instant motion, Suffolk County and the State of New York submit the accompanying Memorandum and the Affidavit of Michael D. Dirmeier.

This motion is being filed both with the Board originally assigned the Shoreham operating license proceeding as well'as I the one recently appointed to rule on LILCO's Supplemental Motion for a Low Power Operating License, because the State and l County are uncertain which Board will have jurisdiction of this matter.

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Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppauge, 1w k 11788 Y

Herbert'H. Arown /

Lawrence C6e Lan@er Karla J. Letsche Cherif Sedky KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 Attorneys for Suffolk County C P K /td Fabian G. Palomino /'

Special Counsel to the Governor of New York State Executive Chamber, Room 229 Capitol Building Albany, New York 12224 Dated: Washington, D.C. Attorney for Mario M. Cuomo July 3, 1984 Governor of the State of New York

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