Siting Board Proceeding Status Rept 2 in Response to Suffolk County 791017 Allegation That Util Withheld Pertinent Info in Status Rept 1.State of Ny Siting Board 791012 Dismissal of Case 80008 Occurred After Util ResponseML19253C150 |
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05000516, 05000517 |
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Issue date: |
10/26/1979 |
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From: |
Reveley W HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
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To: |
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References |
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NUDOCS 7911300050 |
Download: ML19253C150 (4) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML19340D4361980-12-19019 December 1980 Status Rept 6 & Request That Proceeding Be Terminated.Issues Are Moot Due to Util Decision to End Nuclear Project. Certificate of Svc Encl ML19347C1691980-10-13013 October 1980 Status Rept 5 in Siting Board Proceeding.Applicant 801008 Petition for Rehearing in Case 80003 Encl.Paper Re Impact of Siting Board Developments on Appeal & CPs Will Soon Be Filed.Certificate of Svc Encl ML19347C1761980-10-0808 October 1980 Petition for Rehearing of Case 80003 Before Ny State Board on Electric Generation Siting & Environ.Opinion & Order 800908 Deadlines Should Be Extended One Yr.Proceedings Must Be Coordinated W/Epa Review.Certificate of Svc Encl ML19343A3151980-09-10010 September 1980 Status Rept 4 Re Ny State Siting Board 800908 Opinion & Order in Case 80003,recommending Const of Facility. Decision Re Request for Judicial Review Not Yet Decided. Certificate of Svc Encl ML19211A2321979-11-20020 November 1979 Notice by Ny State Board on Electric Generation Siting & Environ.Replies to Utils' Application for Rehearing of ASLB Order Dismissing Application for Certificate of Environ Compatibility Will Be Accepted If Filed by 791203 ML19253C1501979-10-26026 October 1979 Siting Board Proceeding Status Rept 2 in Response to Suffolk County 791017 Allegation That Util Withheld Pertinent Info in Status Rept 1.State of Ny Siting Board 791012 Dismissal of Case 80008 Occurred After Util Response ML19250C2351979-10-17017 October 1979 Supplementary State Siting Board Status Rept on Opposition to Applicants 791019 Rept Re Update on Case 8008.Applicants Failed to Take Into Consideration Encl State Siting Board 791012 Order Dismissing Case.Certificate of Svc Encl ML19210C7251979-10-10010 October 1979 Status Rept of Remanded Proceeding.No Further Hearings Held. Briefs Filed on 790716 & Replies on 790816.LILCO Et Al Supported Station as Proposed.Believes Proposal Will Be Approved by Weight of Evidence.W/Certificate of Svc ML19309D5341979-07-10010 July 1979 Testimony Before Ny State Board on Electric Generation Siting & Environ Re Proposed Jamesport Facilities ML19309D0871979-06-29029 June 1979 Transcript of 790629 Testimony Before Ny State Board on Electric Generation Siting & Environ.Pp 1-3 ML19309D0951979-06-29029 June 1979 Transcript of 790629 Testimony Before Ny State Board on Electric Generation Siting & Environ.Pp 1-20 ML19309D5451979-06-29029 June 1979 Testimony Before Ny State Board on Electric Generation Siting & Environ Re Proposed Jamesport Facilities.Prof Qualifications Encl ML19309D5541979-06-29029 June 1979 Testimony Before Ny State Board on Electric Generation Siting & Environ Re Proposed Jamesport Facilities.Related Diagrams,Ref & Prof Qualifications Encl ML19269E3661979-05-16016 May 1979 Renews 790419 Request to File Supplemental Brief Or,In Alternative,To Reopen Record.Further Relief Will Be Sought After ASLB Has Received NRC Response to 790419 Order. Certificate of Svc Encl ML19246C0661979-05-10010 May 1979 Unexecuted Resolution 1450-79 Passed by Suffolk County,Ny Legislature Opposing CP Sought by Util.Nuclear Facility Would Represent Unacceptable Safety Risk to Population ML19274F7851979-05-0808 May 1979 Resolution 474,opposing Const of Facilities ML19273B9961979-05-0404 May 1979 Opposes Suffolk County 790419 Motion to File Supplemental Brief.Arguments Presented Are Outside Scope of Evidence or Redundant of Arguments Already Admitted Into Evidence. Certificate of Svc Encl ML19224D4331979-04-26026 April 1979 Resolution Opposing Const of Facility ML19269D4621979-04-19019 April 1979 Motion to File Supplemental Brief.Certificate of Svc Encl ML19282B3181979-02-0606 February 1979 Motion for Extension of Time Until 790226 in Which to File Brief on Exceptions to 781226 Initial Decision.Granted by Aslab 790212.Certificate of Svc Encl ML19282A6681979-01-20020 January 1979 Applicant'S Opposition to Suffolk County,Ny'S 790108 Request for Stay.Opposes Request;No Proof of Any 10CFR2.788(e) Criteria.W/Certificate of Svc ML19269C6811979-01-15015 January 1979 Intervenor Suffolk County (Ny) Exceptions to ASLB 781226 Initial Decision & Prior ASLB Rulings.Cites Exceptions to 26 of Board'S Findings of Fact ML19261A6751979-01-0808 January 1979 County of Suffolk'S Application for Stay Per 10CFR2.788. Contends That Stay of Licensing Board Decision Is in Public Interest & That Halt of Project Will Do Minimal Harm to Applicants.Certificate of Svc Encl ML19256B2121979-01-0505 January 1979 Motion by Intervenor Suffolk County(Ny)For Extension Until 790115 to File Exceptions to ASLB 781226 Initial Decision Re Cost/Benefit Issues.Motion Based on Delayed Svc of Aslb'S Decision Upon the County.Certificate of Svc Encl ML20062D6951978-11-0909 November 1978 Lil Suppl to Oral Argument of 781019.Asserts That Vast Part of Lil Data Used in Glaeser Rept Were Available Over a Year Prior to June 1977 Close of Record.Also Claims That Suffolk County'S Position Is Not Realistic.Cert of Svc Encl ML20148Q0931978-11-0303 November 1978 Motion by Suco to Correct Transcript of 781019 Oral Argument in Proc Re Subj Facil.Cert of Svc Encl ML20148L5901978-10-31031 October 1978 Motion to Correct Transcript of Oral Argument of 781019. Motion Doesnot Attempt to Engage All the Places in Which Applicant Lil'S Argument Has Been Transcribed in Error.Cert of Svc Encl ML20148C5251978-09-26026 September 1978 Proposed Suppl Findings of Fact Re Health Effects of Ra-222 Released from U Fuel Cycle.Certificate of Svc Encl ML20147E0631978-09-26026 September 1978 Findings of Fact & Conclusions of Law Re Health Effects of Ra-222 Released by U Fuel Cycle Facilities.Requests Denial of Application for CPs 1980-09-10
[Table view] Category:OTHER LEGAL DOCUMENT
MONTHYEARML19347C1691980-10-13013 October 1980 Status Rept 5 in Siting Board Proceeding.Applicant 801008 Petition for Rehearing in Case 80003 Encl.Paper Re Impact of Siting Board Developments on Appeal & CPs Will Soon Be Filed.Certificate of Svc Encl ML19343A3151980-09-10010 September 1980 Status Rept 4 Re Ny State Siting Board 800908 Opinion & Order in Case 80003,recommending Const of Facility. Decision Re Request for Judicial Review Not Yet Decided. Certificate of Svc Encl ML19211A2321979-11-20020 November 1979 Notice by Ny State Board on Electric Generation Siting & Environ.Replies to Utils' Application for Rehearing of ASLB Order Dismissing Application for Certificate of Environ Compatibility Will Be Accepted If Filed by 791203 ML19253C1501979-10-26026 October 1979 Siting Board Proceeding Status Rept 2 in Response to Suffolk County 791017 Allegation That Util Withheld Pertinent Info in Status Rept 1.State of Ny Siting Board 791012 Dismissal of Case 80008 Occurred After Util Response ML19210C7251979-10-10010 October 1979 Status Rept of Remanded Proceeding.No Further Hearings Held. Briefs Filed on 790716 & Replies on 790816.LILCO Et Al Supported Station as Proposed.Believes Proposal Will Be Approved by Weight of Evidence.W/Certificate of Svc 1980-09-10
[Table view] |
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10/26/79 r go I UNITED STATES OF AMERICA g g@ g jh g NUCLEAR REGULATORY COMMISSION w 4 05 Before the Atomic Safety and Licensing Appeal Board _ _ _ _ _ .
In the Matter of )
)
LONG ISLAND LIGHTING COMPANY )
and )
NEW YORK STATE ELECTRIC & ) Docket Nos. 50-516 GAS CORPORATION ) 50-517
)
(Jamesport Nuclear Poser Station, )
Units 1 and 2) )
Siting Board Proceeding Status Report No. 2 As requested by this Board, the Applicants filed a Siting Board status report on October 10, 1979. On October 17, Suffolk County (SC) gratuitously filed a " supplementary" report which, among other things, accused the Applicants of withholding per-tinent information. This SC " supplement" requires a response.
- 1. SC began its October 17 effort with the following al-legation:
In a report dated October 19 [ sic], 1979 Applicants responded to a request of this Board for an update on . . . the Laesport State Siting Board proceeding.
Applicants failed to mention [ sic] a development of significance to the James-port case of which the Board should be made aware. On October 12, 1979, the State Siting Board issued an order dismissing Case 80008, an application by New York State Electric and Gas Corporation . ..
and Long Island Lighting Company (LILCO) to construct two 1250 MW facilities in New Haven . . . .
44} 248 79113000
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. .
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The Applicants' status report, however, was not filed on October 19 as clained by SC. It was filed on October 10. That date appears three times on the report -- on its first page and twice in its attached certificate of service. Thus, the Appli-cants could not possibly have " failed to mention" the Case 80008 decision referenced by SC; the decision did not come down until October 12, two days after the Applicants filed their status repart.
- 2. Proceeding from this threshold error, SC then implied that NYSE&G no longer remains a Jamesport Applicant. It is use-ful to quote a passage from page 30 of the Applicants' August 16, 1979 Brief to the Siting Board:
Finally, several parties questioned the 1976 Memorandum of Understanding between LILCO and NYSE&G. Contrary to the belief of some of these parties, developments in Case 80008 have not, and will not, affect LILCO and NYSE&G's joint venture to license, build and own the Jamesport nuclear units.
Irrespective of developments in Case 80008, including the Sit-ing Board's decision of October 12, 1979, LILCO and NYSE&G re-main jointly committed to the Jamesport Huclear Power Station.
- 3. SC alleged in conclusion that the Applicants have
" attempted to argue that the proposed Jamesport Units are need-ed to meet statewide electrical demand." (Emphasis added.) The actual grounds for Jamesport were summarized for the NRC Appeal Board on pages 23-32 of the Applicants' Brief Opposing Exceptions (Aug. 14, 1978). These grounds include (1) satisfaction of 1442 249
.
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LILCO and NYSE&G's " electrical demand," (2) lessening LILCO's dependence on oil and NYSE&G's on coal, (3) supplying LILCO and NYSE&G's customers with less expensive electricity than would otherwise be the case, and (4), in light of the trans-mission and load center characteristics of New York Set .e ,
supplying LILCO and NYSE&G's customers , as well e.s those through- ,
,
out the rest of the state, with the economic savitgs and in-creased electric reliability that can come only from locating new baseload generating capacity in the southear, tern corner of New York.
- 4. In a notice issued on October 23, 1979, the Siting Board set oral argument in Case 80003 for November 28, 1979.
Respectfully submitted, LONG ISLAND LIGHTING COMPANY
[l@ W W. TaylorIReveley, III Hunton & Williams 707 East Main Street P. O. Box 1535 Richmond, Virginia 23212 Dated: October 26, 1979 1442 250
.
.
4 CERTIFICATE OF SERVICE I hereby certify that copies of Siting Board Proceeding Status Report were served upon the following by first-class mail, postage prepaid, on October 26, 1979:
Richard S. Salzman, Chairman U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 Bernard M. Bordenick, Esquire Dr. W. Reed Johnson U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Irving Like, Esquire Reilly and Like Sheldon J. Wolfe, Esquire 200 West Main Street Atomic Safety and Licensing Babylon, New York 11702 Board Panel U.S. Nuclear Regulatory Commission Joseph C. Gramer, Esquire Washington, D. C. 20555 425 Broadhollow Road Melville, New York 11746 Mr. Ralph S. Decker Route 1, Box 190D Mrs. Jean H. Tiedke Cambridge, Maryland 21613 Mrs.. Shirley Bachrach Box 1103 Dr. E. Leonard Cheatum Southold, New York 11971 Route #3, Box 350A Watkinsville, Georgia 30677 h1v W. Tayl@'Revdley, III /
Hunton & Williams 707 East Main Street /
P. O. Box 1535 Richmond, Virginia 23212 DATEL: October 26, 1979 1442 251