ML19253C150

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

ML19253C150
Person / Time
Site:	05000516, 05000517
Issue date:	10/26/1979
From:	Reveley W HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:
References
NUDOCS 7911300050
Download: ML19253C150 (4)

Text

~

.Y

, \ MI lam .

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

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

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