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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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 ML20092D2931992-02-0606 February 1992 Answer Denying Petitions for Leave to Intervene & Request for Prior Hearing Re Decommissioning 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 ML20094E1041991-12-0909 December 1991 Response to Long Island Power Authority to Petitioners Joint Supplemental Petition 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 ML20091G1971991-12-0303 December 1991 Notice of Appeal.* Informs of Appeal of LBP-91-26 & LBP-91-39 in Facility possession-only License Proceeding 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 ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* 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 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
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00tKETED v3Nnc UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIO
'83 JJN 13 P4 :38 Before the Commission ~ "
)
In the Matter of )
)
, LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 0.L.
) (Emergency Planning)
(Shoreham Nuclear Power Station,. )
Unit 1) )
)
MOTION FOR IMMEDIATE COMMISSION DECISION REJECTING LILCO " TRANSITION PLAN" On June 10, 1983, the Licensing Board in this proceeding, in response to Suffolk County's Motion filed with the-Board on June 7, 1983, limited the scope of the emergency planning proceeding before that Board to the so-called LILCO " Transition Plan." The LILCO " Transition Plan" is the " Utility Plan" for
! emergency response which uses only LILCO's resources without any participation-by the State or County Governments. See ASLB 1 " Order Limiting Scope of Submissions" (copy attached).
l On June 7, Suffolk County also filed a separate motion with the Commission requesting the Commission to reject summarily
~
i i ~ the LILCO " Transition Plan" because that Plan does not involve the participation of the State or County Governments. See County l
i
" Motion For Commission Policy On LILCO's ' Utility Plan' For Emergency Preparedness." The County filed that motion with the 1
8306150397 830613 l PDR ADOCK 05000322 I
O PDR TS63
. . Commission, rather than with the Licensing Board, because the issue raised therein'is inextricably tied to the Commission's May 12 decision denying the County's motion to terminate this proceeding. See Long Island Lighting Company, CLI-83-13.
The instant motion underscores the urgency of the County's pending June 7 motion to the Commission and respectfully requests an immediate Commission decision rejecting the LILCO
" Transition Plan." This precise and limited issue has already been identified by Commissioner Gilinsky in his Separate State-ment of May 12. Therein, the Commissioner phrased the issue as follows:
Can there be adequate emergency preparedness (as distinct from planning) if neither the State nor the County Governments participate?
The Commissioner then continued:
The answer is clearly, No. There cannot be adequate emergency preparedness for the surrounding population without the partici-pation of a responsible government entity.
And, however they may qualify their views now, I do not believe that a single Commissioner would actually approve the operation of the plant without such parti-cipation.
The LILCO " Transition Plan" does not involve the partici-pation of-the State or County Governments. Thus, applying the Commissioner's language to the instant proceeding, "there cannot be adequate emergency preparedness" for the population surrounding the Shoreham plant under the LILCO " Transition Plan."
Accordingly, Suffolk County respectfully requests a prompt Commission decision that the LILCO " Transition Plan"
. i , cannot provide emergency preparedness and summarily rejecting that Plan. /
Respectfully submitted, David J. Gilmartin Patricia A. Dempsey Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788
. e %
' Herbert H. Bfown
- Lawrence Coe Lanpher Christopher M. McMurray KIRKPATRICK , LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.
Washington, D.C. 20036 June 13, 1983 Attorneys for Suffolk County i
l l
- / In its June 10 ruling, the Licensing Board correctly did not address the LILCO " Transition Plan." That Plan, as pointed-out by the County, should appropriately be considered by the Commission itself. At present, the parties are I engaged in an unprecedented, large-scale effort to prepare contentions on the LILCO " Transition Plan." The deadline for filing such contentions is fast approaching and, there-fore, time is of the essence for a Commission decision on l
the instant County Motion. Rejection of the LILCO " Transition i Plan" will save all of the parties from wasting an enormous amount of resources in an unnecessary exercise.
'(,' .-
UNITEDSTATESOFIMERICA NUCLEAR REGULATO.RY COMMISSION Befofe ' Admf'nisthative Judges James A. Laurenson, Chairmare Dr. Jerry R. Kline+*T Dr. M. Stanley Livi.ngston
)
In the Matter of ) Docket No. 50-322-OL-3
)
LONG ISLAND LIGHTING COMPANY ) ASLBP No. 83-488-03-OL l
) (Emergency Planning Proceeding)
(Shoreham Nuclear Power Station, )
Unit 1) ) June 10, 1983
)
ORDER LIMITING SCOPE OF SUBMISSIONS L
i On April 20, 1983, a " Memorandum and Order Denying Suffolk County's Motion to Terminate the Shoreham Operating License Proceeding" LBP-83-22, 17 NRC , was issued by the Atomic Safety and Licensing Board. Therein, that Board ruled that the Applicant, Long Island Lighting Company (LILCO), should be allowed the opportunity to prove that, notwithstanding Suffolk County's refusal to participate in
- preparation or. implementation of any radiological emergency plan for l
that County, adequate protective measures could and would be taken in the event of an emerger.cy at LILCO's Shoreham Nuclear Power Station. By an " Order Confirming Adjustment in Schedule to File Contentions," May 5, t
1983 (unpublished), that Board revised the submissions schedule imposed upon the parties by that Board's previous ruling. On May 11, this Board j
YAUGT3 &
..;
2
. . s was established to preside over..the'emergincy planning portion of this
proceeding. The Comission on Aayl12,1983 'af. firmed the Board's denial of Suffolk County's Motion to Tendnate this Proteeding. Long Island
- . . s. ,~
Lighting Comoany (Shoreham Nuclear Power Statitin, Unit 1), CLI-83-13,17 NRC (May 12, 1983).
On May 26, 1983, LILCO filed its emergency plan consisting of a series of five alternatives. Under four of those alternatives, offsite emergency procedures would be implemented by LILCO personnel with the participation of a different governmental entity: Suffolk County, State of New York, FEMA, or NRC. To date, LILCO has not established that any of these four governmental entities has indicated that it will assume l the responsibilities assigned to it pursuant to the LILCO alternative plan that bears its name. LILCO's fifth alternative plan, "The LILCO Transition Plan," would rely wholly upon the services of LILCO personnel for the perfonnance of emergency functions.
Intervenors complain, inter alia, that it would be a waste of resources to spend effort to evaluate all five alternatives and to draft contentions as to each when there appears to be no likelihood that the governmental entities designated in the plan would consent to implement any such plan. We also note that we are today denying Suffolk County's request for an eight week extension of time to submit draft contentions.
- The Board is also concurrently issuing a notice of a prehearing l
conference in this matter to be heard on July 13, 1983; at that time we will hear all relevant matters raised by the parties and, thereafter, we will rule on 'the admissibility of emergency planning contentions.
-;
/,
5 3
The Board has considered the r,easons' advanced by LILCO for filing its plan with five alternatives 'and'the obje6tions by Intervenors to such a procedure. If Inte'rvenors were required to submit contentions as ,
to all five alternatives, this proc,eeding wotrifsuffer a significant delay. Under these circumstances we agree'with'Intervenors that it would be unproductive to require them to consider and address all five alternatives. Until such time as LILCO can establish that one or more of the governmental entities designated in its emergency plan consent to participate in such a venture, the Intervenors need not submit contentions dealing such such alternatives.
WHEREFORE, IT IS ORDERED that until such time as LILCO can establish the consent of one or more of the governmental entities (Suffolk County, State of New York, FEMA, or NRC) to participate in the relevant function of the LILCO emergency plan, no party shall be required to file any draft or final contentions dealing with such
alternative plans. However, all parties are required to proceed with the plan designated "LILCO Transition" pursuant to the Order of April
! 20, 1983 as amended by the Order of May 5, 1983.
ATOMIC SAFETY AND LICENSING BOARD LG.
J E5 A. LAUREN5 % CHAIRMAN inistrative Law Judge Bethesda, Maryland I -
. UNITED ~ STATES OF AMERICA NUCLEAR REGULATORY COMMISSION f
Before the Commission
)
In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 0.L.
) (Emergency Planning)
(Shoreham Nuclear Power Station, )
+
Unit 1) )
)
CERTIFICATE OF SERVICE I her.eby certify that copies of MOTION FOR II: MEDIATE COMMISSION DECISION REJECTING LILCO " TRANSITION PLAN," dated June 13, 1983, have been served to the following this 13th day of June, 1983 by U.S. Mail, postage prepaid, except as otherwise noted.
- Nunzio J. Palladino, Chairman Mr. Brian McCaffrey Commissioner Victor Gilinsky Long Island Lighting Company Commissioner James K. Asselstine 175 East Old Country Road Commissioner John F. Ahearne Hicksville, New York 11801 Commissioner Thomas M. Roberts U.S. Nuclear Regulatory Commission Ralph Shapiro, Esq. #
1717 H Street, N.W. Cammer and Shapiro Washington, D.C. 20555 9 East 40th Street New York, New York 10016
- James A. Laurenson, Chairman Atomic Safety and Licensing Board Howard L. Blau, Esq.
U.S. Nuclear Regulatory Commission 217 Newbridge Road Washington, D.C. 20555 Hicksville, New York 11801
- Dr. Jerry R. Kline W. Taylor Reveley, III, Esq. #
Atomic Safety and Licensing Board Hunton & Williams
, U.S. Nuclear Regulatory Commission P.O. Box 1535 l Washington, D.C. 20555 707 East Main Street Richmond, Virginia 23212
- Dr. M. Stanley Livingston 1005 Calle Largo Mr. Jay Dunkleberger Santa Fe, New Mexico 87501 New York State Energy Office Agency Building 2 Edward M. Barrett, Esq. Empire State Plaza General Counsel Albany, New York 12223 Long Island Lighting Company 250 Old Country Road James B. Dougherty, Esq.*
Mineola, New York 11501 3045 Porter Street, N.W.
Washington, D.C. 20008
a : *
- Stephen B. Latham, Esq. Joel Blau, Esq.
Twomey,-Latham & Shea New York Public Service P.O. Box 398 Commission 33 West Second Street The Governor Nelson A.
Riverhead, New York 11901 Rockefeller Building Empire State Plaza Marc W. Goldsmith Albany, New York 12223 Energy Research Group, Inc.
! 400-1 Totten Pond Road David J. Gilmartin, Esq.
- Waltham, Massachusetts 02154 Suffolk County Attorney H. Lee Dennison Building Atomic Safety and Licensing Veterans Memorial Highway
~ Board Panel Hauppauge, New York 11788
- U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Jeff Smith Shoreham Nuclear Power Docketing and Service Section Station Office of the Secretary P.O. Box 618 U.S. Nuclear Regulatory Commission North Country Road Washington, D.C. 20555 Wading River, New York 11792
- Bernard M. Bordenick, Esq. MHB Technical Associates David A. Repka, Esq. 1723 Hamilton Avenue U.S. Nuclear Regulatory Commission Suite K Washington, D.C. 20555 San Jose, California 95125 Stuart Diamond Hon. Peter Cohalan Environment / Energy Writer Suffolk County Executive NEWSDAY H. Lee Dennison Building Long Island, New York 11747 Veterans Memorial Highway Hauppauge, New York 11788
- ' Atomic Safety and Licensing Appeal Board Ezra I. Bialik, Esq.
U.S. Nuclear Regulatory Commission ~" Assistant Attorney General Washington, D.C. 20555 Environmental Protection Bureau Matthew J. Kelly, Esq. New York State Department Staff Counsel, New York State of Law Public Service Commission 2 World Trade Center 3 Rockefeller Plaza New York, New York 10047 Albany, New York 12223 Daniel F. Brown, Esq.
Stewart M. Glass, Esq. Atomic Safety and Licensing Regional Counsel Board Panel Federal Emergency Management U.S. Nuclear Regulatory I
Agency Commission 26 Federal Plaza Washing on, D.C. 20555 New York, New York 10278 CrifistopK6r M.'McMutfay' DATE: June 13, 1983 KIRKPATRICK, LOCKHART, HI CHRISTOPHER & PHILLIPS
- By Hand 1900 M Street, N.W.
- # By Federal Express Washington, D.C. 20036 l
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