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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20093G4541995-10-18018 October 1995 Comment Supporting Proposed Rules 10CFR2,50 & 51 Re Decommissioning Procedures for Nuclear Power Reactors ML20058K7381993-12-0303 December 1993 Memorandum & Order CLI-93-25.* Commission Denies State of Nj Petition for Leave to Intervene & Request for Adjudicatory Hearing Filed on 931008.W/Certificate of Svc.Served on 931203 ML20058E0151993-11-14014 November 1993 Comment Opposing Proposed Rule 10CFR50 Re Exemptions in Accident Insurance for Nuclear Power Plants Prematurely Shut Down ML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20059B0621993-10-20020 October 1993 Long Island Power Authority Response to Nuclear Regulatory Commission Order of 931014.* Requests That NRC Reject State of Nj Filing.W/Certificate of Svc ML20057G2141993-10-14014 October 1993 Order.* Requests for Simultaneous Responses,Not to Exceed 10 Pages to Be Filed by State,Peco & Lipa & Served on Other Specified Responders by 931020.NRC May File by 931022. W/Certificate of Svc.Served on 931014 ML20059A4581993-10-14014 October 1993 Order Requesting Answers to Two Questions Re State of Nj Request for Immediate Action by NRC or Alternatively, Petition for Leave to Intervene & Request for Hearing. Operations Plans for Marine Transportation Withheld ML20059F0191993-10-0808 October 1993 Long Island Power Authority Reply to New Jersey Filing of 931020.* Licensee Requests That NRC Deny State of Nj Intervention Petition.W/Certificate of Svc ML20057F2191993-09-30030 September 1993 Exemption from Requirements of 10CFR50.54(q) Eliminating Licensee Requirement to Follow & Maintain in Effect Emergency Plans ML20059B1291993-09-14014 September 1993 Affidavit of Jh Freeman.* Discusses Transfer of Slightly Used Nuclear Fuel from Shoreham Nuclear Power Station to Limerick Generating Station.W/Certificate of Svc & Notice of Appearance ML20097C3241992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Joint Opposition to Issuance of Decommissioning Order Prior to Hearing.* W/Certificate of Svc ML20097C2911992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeal.* Dismisses 911203 Notice of Appeal W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees Due to Encl Settlement Agreement. W/Certificate of Svc ML20097C2891992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeals.* Appeals Being Dismissed Due to Encl Settlement Agreement.Nrc Should Dismiss Appeals W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees.W/Certificate of Svc ML20097C1361992-06-0303 June 1992 Petitioners Consented Motion to Dismiss.* Petitioners by Counsel Move ASLB to Dismiss Petitioners as Petitioners for Leave to Intervene & Request for Hearing in Proceeding W/ Prejudice.W/Certificate of Svc ML20097C2631992-06-0303 June 1992 Petitioner Consented Motion to Dismiss.* NRC Should Issue Order Dismissing School District & Scientists & Engineers for Secure Energy,Inc as Petitioners in Proceeding.W/ Settlement Agreement & Certificate of Svc ML20097C1081992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Appeal.* Petitioners Hereby Move to Dismiss 910628 Notice of Appeal in Matter W/Prejudice & W/Each Party to Bear Own Costs & Atty Fees.W/ Certificate of Svc ML20096A5921992-05-0707 May 1992 Motion to Withdraw Supplemental Filing.* Petitioners Urge NRC to Allow Withdrawal of Supplement for Good Cause Shown. W/Certificate of Svc ML20096A5311992-05-0606 May 1992 Long Island Power Authority Comments on SECY-92-140 & Response to Petitioner Joint Opposition to Decommissioning Order.* Util Urges NRC to Adopt Recommendation in SECY-92-140 & Approve Order.W/Certificate of Svc ML20096A5071992-05-0505 May 1992 Suppl to Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Supplements Joint Opposition Prior to Hearing.W/Certificate of Svc ML20095K8991992-04-29029 April 1992 Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Petitioners Urge Commission to Reject NRC Staff Proposal in SECY-92-140.W/Certificate of Svc ML20095H5611992-04-28028 April 1992 Affidavit of Lm Hill.* Affidavit of Lm Hill Supporting Util Position That Circumstances Exist Warranting Prompt NRC Action on NRC Recommendation That Immediately Effective Order Be Issued Approving Decommissioning Plan ML20094G3971992-02-26026 February 1992 Notice of State Taxpayer Complaint & Correction.* NRC Should Stay Hand in Approving Application for License Transfer as Matter of Comity Pending Resolution of Question as Util Continued Existence in Ny State Courts.W/Certificate of Svc ML20094G2261992-02-25025 February 1992 Petitioner Notice of Lilco/Long Island Power Authority Exaggeration & of Commencement of State Court Action.* NRC Should Await Ny State Decision Re Matter within Special Jurisdiction.W/Certificate of Svc ML20092K9021992-02-24024 February 1992 Petitioner Opposition to Ltr Request for Dismissal of Pages.* Suggests That Transfer of License Inappropriate at Present Time.W/Certificate of Svc ML20092K9511992-02-21021 February 1992 Response of Lilco & Long Island Power Authority to Petitioner Opposition to NRC Staff Recommendation for License Transfer Approval.* W/Certificate of Svc ML20092K8701992-02-20020 February 1992 Petitioners Opposition to NRC Staff Recommendation for Approval of License Transfer.* Urges Commission to Reject NRC Recommendation in SECY-92-041 & Remand Matter for Consideration in Normal Proceeding.W/Certificate of Svc ML20091E2661992-02-20020 February 1992 Petitioner Opposition to NRC Staff Motion to Dismiss.* Petitioners Urge NRC to Deny Staff Motion or Defer Action Until Petitioners Have Fully Developed Petitions & Supplied Detailed Contentions.W/Certificate of Svc ML20091E4011992-02-18018 February 1992 Answer of Long Island Power Authority to NRC Staff Motion to Dismiss Intervention Petitions.* Util Urges NRC to Grant Motion & Dismiss Intervention Petitions.W/Certificate of Svc ML20091E3161992-02-13013 February 1992 Lilco Response to NRC Staff Motion to Dismiss Intervention Petitions on Decommissioning Plan.* Requests That Petitions Be Struck & Petitioners Be Instructed of Possible Dismissal.W/Certificate of Svc ML20092D2931992-02-0606 February 1992 Answer Denying Petitions for Leave to Intervene & Request for Prior Hearing Re Decommissioning ML20091E2741992-02-0606 February 1992 Answer of Long Island Power Authority to Intervention Petitions Concerning Shoreham Decommissioning Plan.* Requests That Petitions for Leave & Requests for Hearing Be Denied.W/Certificate of Svc & Notice of Appearance ML20091E2941992-02-0606 February 1992 Lilco Opposition to Petitioner Request for Hearing on Shoreham Decommissioning Plan.* Informs That Util Opposes Both Requests for Hearing.W/Certificate of Svc ML20091E2831992-01-22022 January 1992 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition for Leave Be Granted & Hearing Held. W/Certificate of Svc & Notice of Appearance ML20091E2811992-01-22022 January 1992 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition Be Granted & Hearing Be Held.W/Certificate of Svc & Notice of Appearance ML20086T7231992-01-0303 January 1992 Motion of Long Island Power Authority for Leave to File Supplemental Matls.* Requests That Supplemental Memorandum & Supplemental Legislative History Matls Be Filed. W/Certificate of Svc ML20086T7541992-01-0303 January 1992 Memorandum of Long Island Power Authority Concerning Supplemental Legislative History Matls.* Supports Legislative History & Argues That License Not Subj to Termination Under Section 2828.W/Certificate of Svc ML20086Q9171991-12-30030 December 1991 Lilco Opposition to Petitioners Request for Stay & Suggestion of Mootness.* Suggests That Stay Request & Suggestion of Mootness Be Denied.W/Certificate of Svc ML20086Q9281991-12-30030 December 1991 Opposition of Util to Motion for Stay of License Transfer & to Suggestion of Mootness.* Concluded That Relief Sought in Petitioner Motion & Suggestion Should Be Denied. W/Certificate of Svc ML20091H8261991-12-19019 December 1991 Suggestion of Mootness Due to Long Island Power Authority Imminent Demise.* Concludes That If Commission Were to Transfer Shoreham Licenses to Lipa,Nrc Could Find Itself W/Class 103 Facility W/O Licensee.W/Certificate of Svc ML20091H8661991-12-18018 December 1991 Lilco Opposition to SE2 Appeal from LBP-91-26 & LBP-91-39. Concludes That Appeal Should Be Summarily Rejected or Be Denied on Merits.W/Certificate of Svc ML20086N1661991-12-17017 December 1991 Motion for Stay of License Transfer Pending Final Order on Petition to Intervene & Request for Hearing & for Addl or Alternative Stay.W/Certificate of Svc ML20086M0791991-12-16016 December 1991 Certificate of Svc.* Certifies Svc of Petitioner Notice of Appeal & Brief in Support of Appeal in Proceeding to Listed Individuals ML20086J6351991-12-0909 December 1991 Lilco Opposition to Petitioners Contentions on License Transfer Amend.* Concludes That License Transfer Amend Contentions Be Rejected & Petitioner Request to Intervene Denied.W/Certificate of Svc ML20086J3521991-12-0909 December 1991 Response of Long Island Power Authority to Petitioners Joint Supplemental Petition.* Board Should Dismiss Petitions to Intervene for Lack of Standing & Reject All Contentions Proffered by Petitioners.W/Certificate of Svc ML20094E1041991-12-0909 December 1991 Response to Long Island Power Authority to Petitioners Joint Supplemental Petition ML20091G2051991-12-0303 December 1991 Brief in Support of Appeal.* Commission Should Consider Appeal on Basis That Findings of Matl of Facts Clearly Erroneous.W/Certificate of Svc ML20091G1971991-12-0303 December 1991 Notice of Appeal.* Informs of Appeal of LBP-91-26 & LBP-91-39 in Facility possession-only License Proceeding ML20086C5381991-11-18018 November 1991 Petitioner Joint Supplemental Petition.* Petition Includes List of Contentions to Be Litigated in Hearing Re License Transfer Application.W/Certificate of Svc ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* 1995-10-18
[Table view] Category:PLEADINGS
MONTHYEARML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B0621993-10-20020 October 1993 Long Island Power Authority Response to Nuclear Regulatory Commission Order of 931014.* Requests That NRC Reject State of Nj Filing.W/Certificate of Svc ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20059F0191993-10-0808 October 1993 Long Island Power Authority Reply to New Jersey Filing of 931020.* Licensee Requests That NRC Deny State of Nj Intervention Petition.W/Certificate of Svc ML20097C2631992-06-0303 June 1992 Petitioner Consented Motion to Dismiss.* NRC Should Issue Order Dismissing School District & Scientists & Engineers for Secure Energy,Inc as Petitioners in Proceeding.W/ Settlement Agreement & Certificate of Svc ML20097C2911992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeal.* Dismisses 911203 Notice of Appeal W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees Due to Encl Settlement Agreement. W/Certificate of Svc ML20097C1361992-06-0303 June 1992 Petitioners Consented Motion to Dismiss.* Petitioners by Counsel Move ASLB to Dismiss Petitioners as Petitioners for Leave to Intervene & Request for Hearing in Proceeding W/ Prejudice.W/Certificate of Svc ML20097C1081992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Appeal.* Petitioners Hereby Move to Dismiss 910628 Notice of Appeal in Matter W/Prejudice & W/Each Party to Bear Own Costs & Atty Fees.W/ Certificate of Svc ML20097C2891992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeals.* Appeals Being Dismissed Due to Encl Settlement Agreement.Nrc Should Dismiss Appeals W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees.W/Certificate of Svc ML20097C3241992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Joint Opposition to Issuance of Decommissioning Order Prior to Hearing.* W/Certificate of Svc ML20096A5921992-05-0707 May 1992 Motion to Withdraw Supplemental Filing.* Petitioners Urge NRC to Allow Withdrawal of Supplement for Good Cause Shown. W/Certificate of Svc ML20096A5311992-05-0606 May 1992 Long Island Power Authority Comments on SECY-92-140 & Response to Petitioner Joint Opposition to Decommissioning Order.* Util Urges NRC to Adopt Recommendation in SECY-92-140 & Approve Order.W/Certificate of Svc ML20096A5071992-05-0505 May 1992 Suppl to Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Supplements Joint Opposition Prior to Hearing.W/Certificate of Svc ML20095K8991992-04-29029 April 1992 Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Petitioners Urge Commission to Reject NRC Staff Proposal in SECY-92-140.W/Certificate of Svc ML20094G2261992-02-25025 February 1992 Petitioner Notice of Lilco/Long Island Power Authority Exaggeration & of Commencement of State Court Action.* NRC Should Await Ny State Decision Re Matter within Special Jurisdiction.W/Certificate of Svc ML20092K9021992-02-24024 February 1992 Petitioner Opposition to Ltr Request for Dismissal of Pages.* Suggests That Transfer of License Inappropriate at Present Time.W/Certificate of Svc ML20092K9511992-02-21021 February 1992 Response of Lilco & Long Island Power Authority to Petitioner Opposition to NRC Staff Recommendation for License Transfer Approval.* W/Certificate of Svc ML20092K8701992-02-20020 February 1992 Petitioners Opposition to NRC Staff Recommendation for Approval of License Transfer.* Urges Commission to Reject NRC Recommendation in SECY-92-041 & Remand Matter for Consideration in Normal Proceeding.W/Certificate of Svc ML20091E2661992-02-20020 February 1992 Petitioner Opposition to NRC Staff Motion to Dismiss.* Petitioners Urge NRC to Deny Staff Motion or Defer Action Until Petitioners Have Fully Developed Petitions & Supplied Detailed Contentions.W/Certificate of Svc ML20091E4011992-02-18018 February 1992 Answer of Long Island Power Authority to NRC Staff Motion to Dismiss Intervention Petitions.* Util Urges NRC to Grant Motion & Dismiss Intervention Petitions.W/Certificate of Svc ML20091E3161992-02-13013 February 1992 Lilco Response to NRC Staff Motion to Dismiss Intervention Petitions on Decommissioning Plan.* Requests That Petitions Be Struck & Petitioners Be Instructed of Possible Dismissal.W/Certificate of Svc ML20091E2941992-02-0606 February 1992 Lilco Opposition to Petitioner Request for Hearing on Shoreham Decommissioning Plan.* Informs That Util Opposes Both Requests for Hearing.W/Certificate of Svc ML20091E2741992-02-0606 February 1992 Answer of Long Island Power Authority to Intervention Petitions Concerning Shoreham Decommissioning Plan.* Requests That Petitions for Leave & Requests for Hearing Be Denied.W/Certificate of Svc & Notice of Appearance ML20091E2811992-01-22022 January 1992 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition Be Granted & Hearing Be Held.W/Certificate of Svc & Notice of Appearance ML20091E2831992-01-22022 January 1992 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition for Leave Be Granted & Hearing Held. W/Certificate of Svc & Notice of Appearance ML20086T7231992-01-0303 January 1992 Motion of Long Island Power Authority for Leave to File Supplemental Matls.* Requests That Supplemental Memorandum & Supplemental Legislative History Matls Be Filed. W/Certificate of Svc ML20086Q9281991-12-30030 December 1991 Opposition of Util to Motion for Stay of License Transfer & to Suggestion of Mootness.* Concluded That Relief Sought in Petitioner Motion & Suggestion Should Be Denied. W/Certificate of Svc ML20086Q9171991-12-30030 December 1991 Lilco Opposition to Petitioners Request for Stay & Suggestion of Mootness.* Suggests That Stay Request & Suggestion of Mootness Be Denied.W/Certificate of Svc ML20091H8261991-12-19019 December 1991 Suggestion of Mootness Due to Long Island Power Authority Imminent Demise.* Concludes That If Commission Were to Transfer Shoreham Licenses to Lipa,Nrc Could Find Itself W/Class 103 Facility W/O Licensee.W/Certificate of Svc ML20091H8661991-12-18018 December 1991 Lilco Opposition to SE2 Appeal from LBP-91-26 & LBP-91-39. Concludes That Appeal Should Be Summarily Rejected or Be Denied on Merits.W/Certificate of Svc ML20086N1661991-12-17017 December 1991 Motion for Stay of License Transfer Pending Final Order on Petition to Intervene & Request for Hearing & for Addl or Alternative Stay.W/Certificate of Svc ML20086J3521991-12-0909 December 1991 Response of Long Island Power Authority to Petitioners Joint Supplemental Petition.* Board Should Dismiss Petitions to Intervene for Lack of Standing & Reject All Contentions Proffered by Petitioners.W/Certificate of Svc ML20086J6351991-12-0909 December 1991 Lilco Opposition to Petitioners Contentions on License Transfer Amend.* Concludes That License Transfer Amend Contentions Be Rejected & Petitioner Request to Intervene Denied.W/Certificate of Svc ML20091G2051991-12-0303 December 1991 Brief in Support of Appeal.* Commission Should Consider Appeal on Basis That Findings of Matl of Facts Clearly Erroneous.W/Certificate of Svc ML20086C5381991-11-18018 November 1991 Petitioner Joint Supplemental Petition.* Petition Includes List of Contentions to Be Litigated in Hearing Re License Transfer Application.W/Certificate of Svc ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* ML20082G8971991-08-0909 August 1991 Lilco Responses to Petitioner Filings of 910805 & 06.* W/Certificate of Svc ML20082G8441991-08-0707 August 1991 Motion for Offical Notice to Correct Representation.* Moves Board to Take Official Notice of Encl NRC Records to Correct Representation Made at Prehearing Conference. W/Certificate of Svc ML20082G8571991-08-0707 August 1991 Petitioners Response to Lilco Re Physical Security Plan.* Petitioners Suggest That Util post-hearing Filing Does Not Dispose of Any Issue as to Util Compliance W/Settlement Agreement.W/Certificate of Svc ML20076D0721991-07-22022 July 1991 Petitioners First Emergency Motion for Stay.* Movants Urge Commission,In Interest of Justice,To Enjoin Lilco from Taking Any Actions Under possession-only License Which Might Moot Renewed Application for Stay.W/Certificate of Svc ML20076D1541991-07-22022 July 1991 Lilco Response to Petitioner Emergency Motions.* Believes Petitioner Emergency Motions Should Be Denied to End Frivolous Pleadings & Burdens of Time & Resources of Nrc. W/Certificate of Svc ML20076D0841991-07-21021 July 1991 Petitioners Second Emergency Motion for Stay.* Petitioners Urge Commission,Ex Parte,To Enjoin Lilco,From Any & All Acts W/Respect to Shoreham Which Would Be Inconsistent W/Nrc Representation in Court.W/Certificate of Svc ML20076D2071991-07-15015 July 1991 Lilco Opposition to Shoreham-Wading River Central School District (Swrcsd) Appeal from LBP-91-26.* Appeal Should Be Denied Due to Listed Reasons.W/Certificate of Svc ML20082D4051991-07-12012 July 1991 Lilco Opposition to SE-2s Contentions on Possession Only License Amend.* Concludes That Contentions Should Be Rejected & Request for Hearing on Possession Only License Amend Should Be Denied.W/Certificate of Svc ML20082D4001991-07-12012 July 1991 Movant-intervenors Motion for Change of Venue of Prehearing Conference.* Intervenors Request Change of Venue of 910730 Prehearing Conference from Hauppauge,Ny to Washington DC Area.W/Certificate of Svc ML20082D3891991-07-10010 July 1991 Lilco Support of NRC Staff Motion for Reconsideration of LBP-91-26.* for Reasons Listed,Nrc 910625 Motion Should Be Granted & Request for Hearing & Petition to Intervene in Amend Proceeding Should Be Denied.W/Certificate of Svc ML20082B4311991-07-0303 July 1991 Lilco Opposition to Petitioner Contentions on Confirmatory Order,Physical Security Plan & Emergency Preparedeness License Amends.* Petitioner Contentions Should Be Rejected & License Amends Denied.W/Certificate of Svc ML20082B3531991-07-0202 July 1991 Unopposed Motion for Variance in Svc Requirements.* Informs That Filing & Svc Requirements Presents No Obstacle to Filing W/Aslb or Svc Upon Any Parties.W/Certificate of Svc. Served on 910702.Granted for Licensing Board on 910702 ML20082B2461991-06-28028 June 1991 Movant-Intervenor Brief in Support Accompany Notice of Appeal.* School District Urges Commission to Reverse & Remand Dismissal Order W/Appropriate Guidance.W/Ceritifcate of Svc ML20082B2571991-06-28028 June 1991 Unopposed Motion for Variance in Svc Requirements.* Petitioners Urge ASLB to Grant Variance in Svc Procedures Requested to Allow Svc of Judge Ferguson.W/Certificate of Svc 1993-10-08
[Table view] |
Text
reex Ttascanm asasm- e-as: a:um : - - - -oo.aeeeeze, eczees ter:a e LILCO, Juno 30, 1983 l
d o' UNITED STATES OF AMERICA )
NUCLEAR REGULATORY COMMISSION .
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Before the Commission -
or g in the Matter of )
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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 (OL)
) Emergency Planning LEC'r cm(Shoreham Nuclear Power Station, )
Unit 1) )
m :: r Applicant's Answer to Suffolk County's Motion to Defer Commission Action And Motion __to strike Letter from Peter F. Cohalan On June 29, 1983, Suffolk County, an intervenor in this proceeding, filed its " Motion to Defer Commission Action and for Commission to near Views of the Parties Before Deciding Certified Question Regarding Low Power License for Shoreham."
The motion asks the Commission to defer action on the question .
certified to it by the ASLB in LBP-83-21 and to allow the par-ties to brief the issue. The County's action was served on the Commissioners June 29 and reached LILC0 on June 30, less than five hours before the Commission is scheduled to set on the certified question.1/ The County also provided the J/ Suffolk County has at least three means of getting a docu-ment in LILCO's counsel's hands the same day it is delivered to the Commissioners: by telecopier, by word-processing computer, and by delivery to LILCO's counsel's Washington office.
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l Commissionera with a June 29, 1983 letter from the Suffolk County Executive. The letter repeats the arguments and the re-quest for action contained in the County's action.
The applicant, Long Island Lighting Company (LILCO), op-poses the County's action and moves to strike the letter from the County Executive, ter the following reasons:
First, the County's tactic is merely a last-minute at-tempt at delay, presumably prompted by an article in the news-paper Newsday on June 29 indicating that the Commission would act on the certifiec question in such a way as to remove an ob-stacle to a low-power license for the Shoreham station.1/ The County has had ample opportunity before this to ask tor briefing of the certified issue, which has been pending before the Commission for more than two montherl/ indeed, on June 27 the County filed with the Licensing Board its ' Answer and Oppo-sition of Suf folk County to LILCO's Motion for a Low Power Operating License." In this Answer and Opposition the County argued that "the motion should be denied because the low power issue certified to the Commission has not yet been resolved" y "WRC Sean Set to Okay N-Test Without Plan,' M4Weday, June 29, 1983.
l J/ The Board's order certifying this question without briefs
' from the parties was issued on April 20, 1983. If the County objected to the procedures outlined in thatThe order, it could have stated its objections in a pleading. County in fact appealed that order without objecting to the Board's proce-dures.
_3 but did not ask for additional briefing on the issue. The l
County served its Answer and Opposition on the Commissioners, and that would have been the occasion to argue the certified issue, or at least to ask for more briefing, had the County wanted to do so. The present Motion, which in effect simply asks for additional time to file a supplemental answer to the low power license application, therefore appears to be merely an attempt at delay.
I second, the County's Motion to Defer Commission Action amounts to nothing more than the argument, repeated by the County often before, that since Suffolk County will not partie-i ipate in offsite emergency planning for Shoreham, the plant cannot be licensed. The County has made this argument to the Commissioners at least three times before, and it is now before the Atomic Safety and Licensing Board. There is little point in arguing it once again in the context of the low-power li-conse application.1/
J/ The County's Motion to Defer Commission Action cites such things as FEMA's recent review of the LILCO offsite emergency plan and the County's own contentions about alleged inade-quacies in the plan to try to show that offsite emergency plan-ning is Lapossible. In this respect, two things need to be said. First, the 34 inadequacies found by PEMA are entirely or almost entirely of two types: (1) those that can be easily repaired by revising sections of the plan and (2) difficulties caused purely by suffolk County's refusal to participate in emergency planning. Citing the FEMA evaluation is merely an-other way of raising the issue of suffolk County's nonpartici-pation, second, as for the County's draf t contentions, many of (footnote continued) l
\
wrci'AdL - a wresene, -u-nw w Third, LILCO believes it is improper for Suffolk County
[
to continue the practice of having its Executive address argo-mentative letters to the Commissioners in addition to its law-yers' pleadings. LILCO has pointed this out before. See Ap-plicant's Answer to suffolk County's " Notion for commission Ruling on LILCO's ' Utility Plan' for Emergency Preparedness" l and " Motion for Immediate Commission Decision Rejecting LILCO
' Transition Plan'" 9-10 (June 15, 1983).
Fourth, the certified question is one which can quite properly be resolved now, without further delay. As the Li-censing Board said when it certified the questions l
In raising the certified question, we did :
not solicit the views of the parties be-l cause we believe it is a matter of policy which the commission must decide for itself, rather than a matter of interpre-tation of the language of the regulation in question. The Appeal Board or the Commission may, af ter preliminary inqui-ry, believe there are some salient points on which the parties' views before it would be helpful.
Long Island Lighting Co._ (Shoreham Nuclear Power Station, Unit 1), LBP-83-21, 17 MRC _, slip op. 21 (1983). It is important 1
(footnote continued)
' them.in one way or another likewise simply raise the issue of the County's nonparticipation, attempting to take advantage of an obstacle that the County created itself and has the power to remove at will. Many of the other draf t contentions are objec-tionable in one way or the other. None of them, LILCO believes, will withstand the scrutiny of an ASLB when evidence is at last presented.
I to distinguish between the policy question about the meaning of the regulations certified by the Board and the dif ferent ques-tion whether a low-power license will actually be issued in this case. The Commission is today not deciding to issue a li-conse, but merely resolving one issue that the Licensing Board needs resolved to decide whether a license can be issued. The County has had plenty of opportunity to be heard on the various other issues affecting low-power license issuance, and if the truth be told no further opportunity on the certified policy issue is necessary either.
Suffolk County's motion should be denied and Mr.
Cohalan's letter stricken.
Respectfully submitted, LONG ISLAND LIGHTING COMPANY By W . 'la or Reve iy, III [
Jane . Chris an Bunton & Williams P.O. Box 1535 707 East Main Street Richmond, VA 23212 DATED: June 30, 1983 i
l l
i LILCO, Juno 30, 1983 l l
. i CERTIFICATE OF SERVICE in the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322 (OL) __
1 hereby certify that copies of LILCo's Answer to Suffolk County's Motion to Defer Commission Action and Motion to Strike Letter from Peter F. Cohalan were served thia date upon the following by first-class mail, postage prepaid, or (as indicated by one asterisk) by hand, or (as indicated by two as-terisks) by telecopier.
James A. Laurenson, Administrative Judge Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 East-West Tower, Room 402A 4350 East-West Highway Dr. James L. Carpenter Bethesda, MD 20814 Administrative Judge Atomic Safety and Licensing Dr. Jerry R. Eline Board Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washing ton, D.C. 20555 Commission East-West Tower, Room 427 Dr. Pater A. Morris 4350 East-West Highway Administrative Judge j Bethesda, MD 20814 Atomic Safety and Licensing Board Dr. M. Stanley Livingston U.S. Nuclear Regulatory 1005 Calle Largo Commission Sante Fe, New Mexico 87501 Washing ton, D.C. 20555 Secretary of the Commission Lawrence J. Brenner, Esq. U.S. Nuclear Regulatory l
p, ,. - - - .__. ._ . -- . ._ _- . _ - _ - -
. l Commission Commissioner Victor Gilinsky*
Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing 1717 H Street, N.N., Room 1103 Appeal Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Commissioner James lt. Asselstine*
Washington, D.C. 20555 U.S. Nucigar Regulatory Commission Atomic Safety and Licensing 1717 5 Street, N.W., Room 1136 Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory -
Commission Commissioner John F. Ahearne*
Washington, D.C. 20555 U.S. Nuclear Regulatory Commission 1717 H Street, N.N., Room 1113 ,
Bernard M. Bordenick, Esq.** Washington, D.C. 20555 David A. Repka, Esq.
Edwin J. Reis, Esq. Commissioner Thomas M. Roberts
- U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission 1717 H Street, N.W., Room 1113 7735 Old Georgetown Road Washington, D.C. 20555 l (to mailroom)
Bethesda, ND 20814 Mr. Paul Bollwerk*
Office of the General Counsel Daniel F. Brown, Esq. U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Panel 1717 H Street, N.W.
U.S. Nuclear Regulatory Washing ton, D.C. 20555 Commission Washington, D.C. 20555 Mr . William Reamer
- Assostant to Chairman Palladino Eleanor L. Frucci, Esq. U.S. Nuclear Regulatory Attorney . Commission Atomic Safety and Licensing 1717 B Street, N.W.
Board Panel Washing ton, D.C. 20555 U.S. Nuclear Regulatory Commission Mr. Willina Manning
- Bast-West Tower, North Tower Office of Commissioner Gilinsky 4350 East-West Highway U.S. Nuclear Regulatory Bethesda, MD 20814 Commission 1717 H Street, N.W.
Chairman Nunzio J. Palladino* Washing ton, D.C. 20555 U.S. Nuclear Regulatory Commission David J. Gilmartin, Esq.
1717 E Street, N.W. , Room 1114 Attna Patricia A. Dempsey, Esq. ~
Washington, D.C. 20555 County Attorney Suffolk County Department of' Law Ve terans Nemorial Highway ,
Bauppauge, New York 13787 i l
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dFOX TELECOP1ER 495; h- 6-85 1:15Pr1' ; 8047E88216* 20222b4161;*: 9 L. l (a :
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! Stephen B. Latham, Esq.
i Berbert H. Brown, Esq.**- Twomey, Latham & Shea i Lawrence Coe Lanpher, Esq. 33 West Second Street i Christopher McMurray, Esq. P.O. Box 398
.. Eirkpatrick, Lockhart, Bill, Riverheda, New York 11901 l Christopher & Phillips l 8th Floor Ralph Shapiro, Esq.
! 1900 M Street, N.W. Cammer & Shapiro, P.C.
! Washington, D.C. 20036 9 East 40th Street
! New York, New York 10016
- Mr . Marc W. Gold smith
- Energy Research Group James B. Dougherty, Esq.
- 4001 Totten Pond Road 3045 Porter Street
! Waltham, Massachusetts 02154 Washington, D.C. 20008 l MHB Technical Associates Howard L. Blau
! 1723 Hamilton Avenue 217 Newbridge Road Suite K Bicksville, New York 11801 l
i San Jose, Calif ornia 95125
- Jonathan D. Feinberg, Esq.
l Mr. Jay Dunkleberger New York State
! New York State Energy Office Department of Public Service
! Agency Building 2 Three Empire State Plaza
! Empire State Plata Albany, New York 12223 j Albany, New York 12223 4 Spence W. Perry, Esq.
Stewart M. Glass, Esq. Associate General Counsel Regional Counsel Federal Emergency Management Federal Emergency Management Agency Agency 500 C Street, s.N.
26 Federal Plaza, Room 1349 Room 840 New York, New York 10278 Washing ton , D.C. 20472 9 ,
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W.Tay/.orRevelty,III Bunton & Williams P.O. Box 1535 707 East Main street Richmond, Virginia 23212 1
DATED: June 30, 1983 l
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