ML20247Q867
| ML20247Q867 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 09/22/1988 |
| From: | Reis E NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20245D636 | List: |
| References | |
| FOIA-89-100 ALAB-901, NUDOCS 8904070213 | |
| Download: ML20247Q867 (2) | |
Text
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'h, UNIT (D STA'TES i Y' y, [ 'g NUCLEAR REGULATORY COMMISSION j
WASHINGTON, D. C. 2055$
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c
'~ - j Septenber 22, 1986 i
PEPORAtlDUM FOR:
Thomas fourley, Director fluclear Reactor Regulation FROP:
Edwin J. Reis Deputy Assistant General Counsel Reactor Licensing Branch SUSJECT:
APPEAL BOARD REMANO OF PROCEEDING ON 1988 SHOREHAM EliERGENCY EXERCISE TO OL-5 LICENSING BOARD (ALAB-901)
In a f4en randum and Order, dated September 20, 1988, ALAB-901, P8 NRC (attached), the Appeal Board granted in pcrt and denied in part a notion for the appointr.iert of a licersing board to hear issues in connection with the June 7-9, 1988 emergency exercise at Shoreham and remanded such i: sues to the OL-5 proceeding fcr disposition as " expeditiously as p;ssible."
Slip op, at 6-7, 10.
The rretion was filed by Suf#olk County. the State of New York and the Town of Southampton (" Interveners) as a result of a NRC Staff niotion filed in the OL-3 proceeding (realicm, etc.) that requested a schedule be estthlished for litigatior.
concerr.ing the 1980 Shoreham ercrgency exercise.
The Appeal Octro concluded that the OL-5 proceeding was not strictly. limited to issues concernirg the 1986 emergency exercise which prompted its beginning, but covered the broader issue of LILCO's compliance with "the Commission's requirement for a
pre-license
' full-ptrticipatirn' exercise." Slip op. at 3-4.
The Appeal Board fcund it had jurisdiction over new matters raised regarding LILCO's compliance with that requirement because the decision of the OL-5 Licensing Board, which fourc flaws in the 1986 exercise, was before it on appeal. Slip op.
Et 3-6.
The Appeal Board concluded it lacked the authority to grant
!nterverors' request that the ASLB Panel Chairman be directed to designate the previour OL-5 Licensing Board members to preside over litigetion of
~
the 1968 exercise and, insteed, left the designation of individual members for the OL-5 licersing board to the discretion of ASLB Parel Chairran.
1 e904070213 890406
$EAIR 100 PDR j
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lhe Staff should prepare for litigation concerning the 1988 exercise consistent with e schedule to be established by the Licensing Board when designated.
. '.L. (.' m
' '/w <m Edwin J.' Reis Deputy' Assister,t General Counsel Reactor Licensing Branch Attachr.c nt as stated cc:
Victor Stello, EDO llillia n T. R u s s el, R e g. I A e m.
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