ML20108B273

Notice to Commission of Rept on Issues Remanded by ALAB-788 & Motion for Leave to File Rept.Certificate of Svc Encl

ML20108B273
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	11/14/1984
From:	Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:
Shared Package
ML20108B175	List: ML20108B173 ML20108B273
References
ALAB-788, OL, NUDOCS 8411160020
Download: ML20108B273 (5)

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.e LILCO, November 14,_1984 j

l UNITED STATES OF AMERICA i

NUCLEAR REGULATORY COMMISSION 4 N]V 15 A9 32

~ Before the Commission-

.;b In the Matter of

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LONG ISLAND LIGHTING COMPANY

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Docket No. 50-322-OL

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(Shoreham Nuclear Power. Station, )

Unit 1)

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LILCO'S NOTICE TO THE-COMMISSION OF REPORT ON ISSUES REMANDED BY ALAB-788 A'ND MOTION FOR LEAVE TO FILE On October 31, - the Appeal Board issued its Decision on.the appeal of the "Brenner" Atomic Safety and Licensing Board's Partial Initial Decision on safety issues, LBP-83-57, 18 NRC 445 (1983).

Long Island Lighting Company (Shoreham Nuclear Power Sta-tion, Unit 1), ALAB-788, NRC _

ALAB-788 remanded three "relatively minor matters" to the Licensing Board, involving (1) housekeeping, (2) environmental qualification, and (3) Unresolved Safety Issue A-47.

ALAB-788 at 6.

On November 2 and 5, the Licensing Board issued Orders requiring concerned parties to report, with respect to each of these issues, (1) its current status, (2) further actions required of parties and the Board, and (3) effects of the remand on issu-ance of_a low power license.

LILCO is filing today with the Li-censing Board the enclosed "LILCO's Report on Remand Issues Pursu-ant to Licensing Board's November 5, 1984 Order," with h

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attachments..That. Report sets out!LILCO's belief that'the

' housekeeping and environmental-qualificatian issues 1have been de--

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2finitively resolved,.without any need for further Licensing' Board; action beyond summary' dismissal, on the bases of recent develop -

cments closin'g'each of1these issuestand of affidavits prepared-by

'NRC' Staff members.- It also-sets forth LILCO's basis for concluding that the generic pendency of USI A-47.should-not impede 4

. issuance'of an operating license for Shoreham, regardless of c

whether fu'rther Licensing Board proceedings are.to be held on it.

.LILCO is authorized to state that the'NRC. Staff concurs in its 1

views on each of the three-issues remanded to the. Licensing Board.

LILCO seeks leave to file this Report-and attachments with 4

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the Commission because of the obvious.possible relationship between the pendency of remanded issues from ALAB-788 and the Commission's ability to consider the record suitably complete for rendition of a decision on a low power license pursuant to'the-September 5 Order and the October 29 Initial Decision of the Low Power (" Miller") Licensing Board.

Good cause for filing exists i

since, in the absence of information from the parties, the j

Commission will have no way of knowing about the nature and likely disposition of these issues, and thus their disposition may.be unnecessarily prolonged.1/

1 1/. :LILCO has previously stated its intention to seek to place its views on the remanded issues before the Commission as t

(footnote continued) 1

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. For the foregoing reasons, LILCO seeks leave to file with the

' Commission 11ts attached Report on issues remanded by ALAB-788,

'with attachments.

Respectfully submitted, LONG.' ISLAND LIGHTIN COMPANY.

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Taylor Reveley, III' Donald P.

Irwin Robert M.

Rolfe Anthony F.~Earley, Jr.

Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED:

November 14, 1984 (footnote continued) promptly as possible.

LILCO's Comments Concerning Immediate Effectiveness of Low Power Initial Decision, November-8, 1984, at 2 note 1.

On November 9, Intervenors Suffolk County and New York State filed a motion to strike LILCO's November 8 com-ments.

The motion to strike is ill-taken.

It fails to distin-guish (Motion to Strike, 1 1) between the two custom-tailored 20 day briefing period followed by oral argument requested by Intervenors and the normal ten-day period provided for immediate effectiveness review comments under Section 2.764(f)(2)(ii).

It also fails to distinguish between the nature of an opposition on the merits and a motion to strike (Id. 1 2).

Intervenors would have done better simply to have filed their comments rather than sitting back and complaining of LILCO's timely filing.

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.LILCO,. November 14,J1984 c 7, CERTIFICATE OF SERVICE s

In the Matter of.

T4 : ElY.15 A9 32 LONG ISLAND LIGHTING COMPANY

.(Shoreham Nuclear. Power Station, Unit 1)-

-m Docket-No. ~ 50-322 (OL) -

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I'hereby certify that copies'of LILCO'S-REPORT ON REMAND JISSUES PURSUANT TO' LICENSING BOARD'.S NOVEMBER 5, 1984 ORDER,

.and of LILCO'S' NOTICE TO THE COMMISSION OF REPORT ON ISSUES RE-

'I MANDED-BY'ALAB-788~AND MOTION FOR. LEAVE.TO-FILE, were served-this dat% upon the following by-first-class mail, postage pre-

= paid; or by hand as indicated by one; asterisk (*) or by Federal i

Express as-. indicated by two asterisks (**).

LChairman'Nunzio J. Palladino*

Dr. Peter A. Morris *

-United States Nuclear Administrative Judge I

Regulatory. Commission-Atomic Safety.and Licensing-

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1717 H Street, N.W.

Board, United States Washington, D.C.

20555 Nuclear Regulatory Commission Washington, DC '20555 Commissioner ~ James K. Asselstine*

~

United States Nuclear Dr. George A. Ferguson*

Regulatory Commission Administrative Judge 1717 H Street, N.W.

Atomic Safety and Licensing

[

Washington, D.C.

20555 Board Panel-School of Engineering Commissioner Frederick M.

Bernthal*

Howard University United States Nuclear 2300 6th Street, N.W.

Regulatory Commission Washington, D.C.

20059 1717 H Street, N.W.

Washington,- D.C.

20555 Secretary of the Commission

• U.S. Nuclear Regulatory i

Commissioner Thomas M. Roberts

• Commission United States Nuclear Washington, D.C.

20555 t

Regulatory Commission i

1717 H Street, N.W.

Atomic Safety and Licensing y

Washington, D.C.

20555 Appeal Board Panel U.S. Nuclear Regulatory 9ommissioner Lando W. Zech, Jr.*

Commission United States Nuclear Washington, D.C.

20555 li cRegulatory Commission r

1717 H Street, N.W.

Atomic Safety and Licensing I

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Washington, D.C.

20555 Board Panel U.S. Nuclear Regulatory Judge Lawrence Brenner, Esq.*

Commission Chairman Washington, D.C.

20555 i

Atomic Safety and Licensing

. Board,. United States Martin Bradley Ashare, Esq.

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, Nuclear Regulatory Commission Attn:

Patricia A. Dempsey, Esq.

J Washington, DC 20555 County Attorney Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11787

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'l Edwin J. Reis, Es,q.*

Mr. Jay Dunkleberger 7

Bernard M..Bordenick, Es,q.

New York State Energy Office Office cL'the Executive Legal Agency Building 2

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Empire State Plaza Director?

U.S. Nucle,ar Regulatory Albany, New York 12223

. Commission

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Washington, D.C.

20555 Stephen B. Latham, Esq.

Twomey, Latham & Shea Herbert H. Brown, Esq.**j

'33 West Second Street Kirkpatrick~& Lockhart P.

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Box 398 1900 MLStreet, N.W.

Riverhead, New York 11901 8th Floor Washington, D.C.

20036 James B.

Dougherty, Esq.

3045 Porter Street Mr. Marc W. Goldsmith Washington, D.C.

20008 Energy Research Group 1 4001 Totten Pond Road Fabian G.

Palomino, Esq.

Waltham,.Masschusetts 02154 Special Counsel-to the Governor

,j MHB Technical Associates Executive Chamber, Room 229 1723 Hamilton Avenue State Capitol Albany, New York 12224 Suite K s

3an' Jose, California ;95125 i

New York State Department of Public Service Three Empire State Plaza

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Albany, New York 12223 l

' Donald P.

Irwin Hunton & Williams 707 East Main Street P.O. Box 1535 Richriond, Virginia 23212,

DATED:

November 14, 1984 3

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