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Category:INTERVENTION PETITIONS
MONTHYEARML20092D2931992-02-0606 February 1992 Answer Denying Petitions for Leave to Intervene & Request for Prior Hearing Re Decommissioning ML20081L4831991-06-21021 June 1991 Petitioner Amend & Suppl to Petitions to Intervene.* Petitions to Intervene & Requests for Hearings & File Joint Suppl to Petitions to Intervene,Including List of Contentions Amended.W/Certificate of Svc ML20082B4441991-06-21021 June 1991 Petitioner Amend & Suppl to Petitions to Intervene.* Amends Petition to Intervene & Requests for Hearings.Files Joint Suppl to Petitions to Intervene.W/Certificate of Svc ML20073A4921991-04-0808 April 1991 Scientists & Engineers for Secure Energy,Inc Amend to Request for Hearing & Petition to Intervene.* Petitioner Renews Request for Remedies Noted in Original Petition ML20073A4241991-04-0808 April 1991 Shoreham-Wading River Central School District Amend to Request for Hearing & Petition to Intervene.* Petitioner Renews Request for Remedies Noted in Original Petition ML20066H1961991-02-14014 February 1991 Petitioners Joint Response to Lilco Motion to Dismiss as Moot Petitioners Request for Stay of LBP-91-01.* Urges Board to Deny Lilco Motion to Dismiss & Grant Petitioners Motion to for Stay.W/Certificate of Svc ML20066H0311991-02-11011 February 1991 Joint Supplemental Comments on Proposed NSHC Determination.* Urges Staff Not to Issue Final NSHC Determination. W/Certificate of Svc ML20066H2851991-02-11011 February 1991 Petitioners Joint Notice of Intent to Petition for Review & Request for Stay.* Petitioners Urge Commission to Stay Issuance of License for 15 Working Days After Fr Publication.W/Certificate of Svc ML20066G9331991-02-0707 February 1991 Lilco Opposition to Petitioners Appeal from LBP-91-1.* Petition Should Be Denied Due to Listed Reasons. W/Certificate of Svc ML20067C6971991-02-0606 February 1991 Shoreham-Wading River Central School District Amend to Request for Hearing & Petition to Intervene.* W/Certificate of Svc ML20067C9421991-02-0606 February 1991 Scientist & Engineers for Secure Energy,Inc Amend to Request for Hearing & Petition to Intervene.* Amends Petition to Intervene by Providing Encl Affidavits ML20066G9001991-02-0505 February 1991 Lilco Motion to Dismiss as Moot Petitioners Request for Stay of LBP-91-1.* W/Certificate of Svc ML20067C3021991-02-0404 February 1991 Scientists & Engineers for Secure Energy,Inc Amend to Request for Hearing & Petition to Intervene.* ML20067C7781991-02-0404 February 1991 Shoreham-Wading River Central School District Amend to Request for Hearing & Petition to Intervene.* Petition to Intervene in Proceeding Re Emergency Preparedness Amend ML20067C8231991-02-0404 February 1991 Scientists & Engineers for Secure Energy,Inc. Amend to Request for Hearing & Petition to Intervene.* Petitioner Renews Request in Original Petition,Contending That Injuries Will Be Remedied by Decision Granting Relief Sought ML20067C8351991-02-0404 February 1991 Shoreham-Wading River Central School District Amend to Request for Hearing & Petition to Intervene.* Requests That Action Be Set Down for Hearing After Prehearing Conference & Appropriate Discovery ML20062H5951990-11-21021 November 1990 Reply of Mm Cuomo,Governor of State of Ny,As Friend of Commission in Opposition to Joint Petition for Reconsideration & to Comments of DOE & Ceq.* Certificate of Svc Encl ML20062C2861990-10-24024 October 1990 NRC Staff Response to Shoreman-Wading River Central School District & Scientists & Engineers for Secure Energy,Inc Petitions to Intervene & Requests for Hearing on Proposed possession-only License Amend.* W/Certificate of Svc ML20028H3021990-10-12012 October 1990 Comments of Long Island Power Authority in Response to Commission 901003 Order.* Shoreham-Wading River Central School District & Scientists & Engineers for Secure Energy, Inc Petitions Should Be Denied.W/Certificate of Svc ML20028H2981990-10-12012 October 1990 Lilco Opposition to Intervention Petitions & Request for Hearing on 900105 Request to Remove Operating Authority for Shoreham.* W/Certificate of Svc ML20062C0921990-05-21021 May 1990 NRC Staff Response to Petitions to Intervene & Requests for Hearing on Proposed Offsite Emergency Preparedness License Condition Amend,Filed by Scientists & Engineers for Secure Energy,Inc & by Shoreham-Wading....* W/Certificate of Svc ML20062C0861990-05-15015 May 1990 Lilco Opposition to Intervention Petitions & Requests for Hearing on Amend to Emergency Preparedness License Conditions.* W/Certificate of Svc ML20062C0851990-05-10010 May 1990 NRC Staff Response to Petitions to Intervene & Requests for Hearing on Proposed Amend to Licensee Physical Security Plan Filed by Scientists & Engineers for Secure Energy,Inc & by Shoreham-Wading River Central....* W/Certificate of Svc ML20062C0831990-05-0808 May 1990 NRC Staff Response to Petitions to Intervene & Requests for Hearing on Confirmatory Order,Filed by Scientists & Engineers,Inc & by Shoreham-Wading River Central School District.* Petitions Should Be Denied.W/Certificate of Svc ML20062C0711990-05-0303 May 1990 Lilco Opposition to Intervention Petitions & Requests for Hearing on Confirmatory Order & on Amend to Physical Security Plan.* Petitioners Will Not Suffer Injury in Fact & Petitions Should Be Denied.W/Certificate of Svc ML20062C0631990-04-30030 April 1990 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Hearing.* Requests Hearing Re Lilco Application for New License Condition Negating Several Existing License Conditions.W/Certificate of Svc ML20062C0511990-04-30030 April 1990 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Hearing.* Requests Hearing Re Lilco Application for New License Condition Negating Several Existing Conditions.W/Certificate of Svc ML20062C0411990-04-20020 April 1990 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Hearing.* Requests Hearing Re Lilco Changes to Plant Physical Security Plan. Certificate of Svc Encl ML20062C0261990-04-20020 April 1990 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Hearing.* Requests Hearing Re Lilco Application for Amend Changing Plant Physical Security Plan.W/Certificate of Svc ML20062C0121990-04-17017 April 1990 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Hearing.* Requests Hearing Re NRC 900329 Confirmatory Order Modifying License. W/Certificate of Svc ML20062B9881990-04-17017 April 1990 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Hearing.* Requests Order Vacating Confirmatory Order Pendente Lite & Consolidation of Petition W/Other Intervenors.W/Certificate of Svc ML20196F6891988-11-29029 November 1988 Amended Emergency Planning Contentions Re 880607-09 Shoreham Exercise.* ML20206C2071988-11-0808 November 1988 NRC Staff Response to Intervenors Proffered Contentions Re Emergency Planning Exercise Held on 880607-09.* Certificate of Svc Encl ML20205R5081988-11-0303 November 1988 Lilco Response to 1988 Exercise Contentions.* Intervenors 20 Exercise Contentions Should Not Be Admitted Due to Lack of Basis & Sepcificity.Supporting Documentation & Certificate of Svc Encl ML20205E0931988-10-24024 October 1988 Emergency Planning Contentions Relating to 880607-09 Shoreham Exercise.* Contentions Demonstrate,Exercise Results Again Reveal Fundamental Flaws in Lilco Plan & Exercise. Certificate of Svc Encl ML20151S0561988-08-0909 August 1988 Suffolk County,State of Ny & Town of Southampton Response to Lilco Renewed Opposition to Govts Proposed Contention on Emergency Medical Svcs for Contaminated Injured Individuals & Suggestion of Mootness.* Certificate of Svc Encl ML20151N5481988-07-28028 July 1988 Lilco Renewed Opposition to Intervenor Proposed Contention on Emergency Medical Svcs for Contaminated Injured Individuals & Suggestion of Mootness.* Moves Commission to Dismiss Intervenor Proposed Contention of 870225 ML20154B4811988-05-10010 May 1988 Govts Objections to Lilco First Set of Requests for Admissions Re Contentions 1-2,4-8 & 10 to Suffolk County & Ny State.* Certificate of Svc Encl.Related Correspondence ML20154B5941988-05-0202 May 1988 Govt Response to Lilco 880422 Request for Dismissal of Legal Authority Contentions.* ASLB Should Deny Lilco Request That Legal Authority Contentions Be Dismissed.W/Certificate of Svc ML20149D8021988-02-0505 February 1988 Govt Response to Staff & Lilco Objections to Emergency Planning Contention Re Lilco New Emergency Broadcast Proposal.* Govt Emergency Broadcast Proposal Should Be Admitted in Entirety.W/Certificate of Svc ML20148U5951988-01-27027 January 1988 NRC Staff Response to Proferred Intervenor Contention on Adequacy of Emergency Plan Provisions for Radio Transmission of Emergency Broadcast Sys Messages.* Contention Should Be Denied Due to Lack of Basis.Certificate of Svc Encl ML20147B9821988-01-12012 January 1988 Emergency Planning Contention Re Lilco New Emergency Broadcast Sys Proposal.* Certificate of Svc Encl ML20235R3921987-10-0505 October 1987 Response Supporting Lilco Motion for Summary Disposition of Contention 92.Applicant Entitled to Decision as Matter of Law & 870911 Motion Should Be Granted.Certificate of Svc Encl ML20215L0881987-05-0404 May 1987 Contention Ex 40 -- Calculation of Change in Total Population Dose as Result of Mobilization Delays.* Description & Results of Util Calculations & CA Daverio & Eb Liebermen Affidavits Encl.Certificate of Svc Encl ML20212K4421987-03-0202 March 1987 Emergency Planning Contentions Re 860213 Exercise.* ML20215B1421986-12-0909 December 1986 Revised Emergency Planning Contentions Re 860213 Exercise. Util Lack of Legal Authority & Govt Lack of Participation Discussed ML20214P4121986-11-24024 November 1986 Response to Util Submission of Revised Std Version of Intervenor 860801 Exercise Contentions.Lilco Submission Should Be Modified to Conform to ASLB 861003 Prehearing Conference Order.Certificate of Svc Encl ML20214J6391986-11-24024 November 1986 Response to Util Submission of Revised Std Version of Intervenors Exercise Contentions,Per Board 861113 Order. Submission Seriously Distorts Margulies Board 861003 Rulings & Must Be Rejected.Related Info Encl.W/Certificate of Svc ML20215N6371986-11-0303 November 1986 Response to Intervenor 861103 Pleading Re Objections to 861003 Prehearing Order Concerning Contentions 15,16 & 19 Re Emergency Plan Exercise.Ambiguity Re Unacceptable Contentions Should Be Resolved.Certificate of Svc Encl ML20212M7511986-08-25025 August 1986 Response Opposing Util & NRC 860815 Objections to 860801 Emergency Planning Contentions Re 860213 Exercise.Objections W/O Merit.Contentions Should Be Admitted as Drafted 1992-02-06
[Table view] Category:RESPONSES & CONTENTIONS
MONTHYEARML20092D2931992-02-0606 February 1992 Answer Denying Petitions for Leave to Intervene & Request for Prior Hearing Re Decommissioning ML20081L4831991-06-21021 June 1991 Petitioner Amend & Suppl to Petitions to Intervene.* Petitions to Intervene & Requests for Hearings & File Joint Suppl to Petitions to Intervene,Including List of Contentions Amended.W/Certificate of Svc ML20082B4441991-06-21021 June 1991 Petitioner Amend & Suppl to Petitions to Intervene.* Amends Petition to Intervene & Requests for Hearings.Files Joint Suppl to Petitions to Intervene.W/Certificate of Svc ML20073A4921991-04-0808 April 1991 Scientists & Engineers for Secure Energy,Inc Amend to Request for Hearing & Petition to Intervene.* Petitioner Renews Request for Remedies Noted in Original Petition ML20073A4241991-04-0808 April 1991 Shoreham-Wading River Central School District Amend to Request for Hearing & Petition to Intervene.* Petitioner Renews Request for Remedies Noted in Original Petition ML20066H1961991-02-14014 February 1991 Petitioners Joint Response to Lilco Motion to Dismiss as Moot Petitioners Request for Stay of LBP-91-01.* Urges Board to Deny Lilco Motion to Dismiss & Grant Petitioners Motion to for Stay.W/Certificate of Svc ML20066H0311991-02-11011 February 1991 Joint Supplemental Comments on Proposed NSHC Determination.* Urges Staff Not to Issue Final NSHC Determination. W/Certificate of Svc ML20066H2851991-02-11011 February 1991 Petitioners Joint Notice of Intent to Petition for Review & Request for Stay.* Petitioners Urge Commission to Stay Issuance of License for 15 Working Days After Fr Publication.W/Certificate of Svc ML20066G9331991-02-0707 February 1991 Lilco Opposition to Petitioners Appeal from LBP-91-1.* Petition Should Be Denied Due to Listed Reasons. W/Certificate of Svc ML20067C6971991-02-0606 February 1991 Shoreham-Wading River Central School District Amend to Request for Hearing & Petition to Intervene.* W/Certificate of Svc ML20067C9421991-02-0606 February 1991 Scientist & Engineers for Secure Energy,Inc Amend to Request for Hearing & Petition to Intervene.* Amends Petition to Intervene by Providing Encl Affidavits ML20066G9001991-02-0505 February 1991 Lilco Motion to Dismiss as Moot Petitioners Request for Stay of LBP-91-1.* W/Certificate of Svc ML20067C3021991-02-0404 February 1991 Scientists & Engineers for Secure Energy,Inc Amend to Request for Hearing & Petition to Intervene.* ML20067C7781991-02-0404 February 1991 Shoreham-Wading River Central School District Amend to Request for Hearing & Petition to Intervene.* Petition to Intervene in Proceeding Re Emergency Preparedness Amend ML20067C8231991-02-0404 February 1991 Scientists & Engineers for Secure Energy,Inc. Amend to Request for Hearing & Petition to Intervene.* Petitioner Renews Request in Original Petition,Contending That Injuries Will Be Remedied by Decision Granting Relief Sought ML20067C8351991-02-0404 February 1991 Shoreham-Wading River Central School District Amend to Request for Hearing & Petition to Intervene.* Requests That Action Be Set Down for Hearing After Prehearing Conference & Appropriate Discovery ML20062H5951990-11-21021 November 1990 Reply of Mm Cuomo,Governor of State of Ny,As Friend of Commission in Opposition to Joint Petition for Reconsideration & to Comments of DOE & Ceq.* Certificate of Svc Encl ML20062C2861990-10-24024 October 1990 NRC Staff Response to Shoreman-Wading River Central School District & Scientists & Engineers for Secure Energy,Inc Petitions to Intervene & Requests for Hearing on Proposed possession-only License Amend.* W/Certificate of Svc ML20028H3021990-10-12012 October 1990 Comments of Long Island Power Authority in Response to Commission 901003 Order.* Shoreham-Wading River Central School District & Scientists & Engineers for Secure Energy, Inc Petitions Should Be Denied.W/Certificate of Svc ML20028H2981990-10-12012 October 1990 Lilco Opposition to Intervention Petitions & Request for Hearing on 900105 Request to Remove Operating Authority for Shoreham.* W/Certificate of Svc ML20062C0921990-05-21021 May 1990 NRC Staff Response to Petitions to Intervene & Requests for Hearing on Proposed Offsite Emergency Preparedness License Condition Amend,Filed by Scientists & Engineers for Secure Energy,Inc & by Shoreham-Wading....* W/Certificate of Svc ML20062C0861990-05-15015 May 1990 Lilco Opposition to Intervention Petitions & Requests for Hearing on Amend to Emergency Preparedness License Conditions.* W/Certificate of Svc ML20062C0851990-05-10010 May 1990 NRC Staff Response to Petitions to Intervene & Requests for Hearing on Proposed Amend to Licensee Physical Security Plan Filed by Scientists & Engineers for Secure Energy,Inc & by Shoreham-Wading River Central....* W/Certificate of Svc ML20062C0831990-05-0808 May 1990 NRC Staff Response to Petitions to Intervene & Requests for Hearing on Confirmatory Order,Filed by Scientists & Engineers,Inc & by Shoreham-Wading River Central School District.* Petitions Should Be Denied.W/Certificate of Svc ML20062C0711990-05-0303 May 1990 Lilco Opposition to Intervention Petitions & Requests for Hearing on Confirmatory Order & on Amend to Physical Security Plan.* Petitioners Will Not Suffer Injury in Fact & Petitions Should Be Denied.W/Certificate of Svc ML20062C0631990-04-30030 April 1990 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Hearing.* Requests Hearing Re Lilco Application for New License Condition Negating Several Existing License Conditions.W/Certificate of Svc ML20062C0511990-04-30030 April 1990 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Hearing.* Requests Hearing Re Lilco Application for New License Condition Negating Several Existing Conditions.W/Certificate of Svc ML20062C0411990-04-20020 April 1990 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Hearing.* Requests Hearing Re Lilco Changes to Plant Physical Security Plan. Certificate of Svc Encl ML20062C0261990-04-20020 April 1990 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Hearing.* Requests Hearing Re Lilco Application for Amend Changing Plant Physical Security Plan.W/Certificate of Svc ML20062C0121990-04-17017 April 1990 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Hearing.* Requests Hearing Re NRC 900329 Confirmatory Order Modifying License. W/Certificate of Svc ML20062B9881990-04-17017 April 1990 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Hearing.* Requests Order Vacating Confirmatory Order Pendente Lite & Consolidation of Petition W/Other Intervenors.W/Certificate of Svc ML20196F6891988-11-29029 November 1988 Amended Emergency Planning Contentions Re 880607-09 Shoreham Exercise.* ML20206C2071988-11-0808 November 1988 NRC Staff Response to Intervenors Proffered Contentions Re Emergency Planning Exercise Held on 880607-09.* Certificate of Svc Encl ML20205R5081988-11-0303 November 1988 Lilco Response to 1988 Exercise Contentions.* Intervenors 20 Exercise Contentions Should Not Be Admitted Due to Lack of Basis & Sepcificity.Supporting Documentation & Certificate of Svc Encl ML20205E0931988-10-24024 October 1988 Emergency Planning Contentions Relating to 880607-09 Shoreham Exercise.* Contentions Demonstrate,Exercise Results Again Reveal Fundamental Flaws in Lilco Plan & Exercise. Certificate of Svc Encl ML20151S0561988-08-0909 August 1988 Suffolk County,State of Ny & Town of Southampton Response to Lilco Renewed Opposition to Govts Proposed Contention on Emergency Medical Svcs for Contaminated Injured Individuals & Suggestion of Mootness.* Certificate of Svc Encl ML20151N5481988-07-28028 July 1988 Lilco Renewed Opposition to Intervenor Proposed Contention on Emergency Medical Svcs for Contaminated Injured Individuals & Suggestion of Mootness.* Moves Commission to Dismiss Intervenor Proposed Contention of 870225 ML20154B4811988-05-10010 May 1988 Govts Objections to Lilco First Set of Requests for Admissions Re Contentions 1-2,4-8 & 10 to Suffolk County & Ny State.* Certificate of Svc Encl.Related Correspondence ML20154B5941988-05-0202 May 1988 Govt Response to Lilco 880422 Request for Dismissal of Legal Authority Contentions.* ASLB Should Deny Lilco Request That Legal Authority Contentions Be Dismissed.W/Certificate of Svc ML20149D8021988-02-0505 February 1988 Govt Response to Staff & Lilco Objections to Emergency Planning Contention Re Lilco New Emergency Broadcast Proposal.* Govt Emergency Broadcast Proposal Should Be Admitted in Entirety.W/Certificate of Svc ML20148U5951988-01-27027 January 1988 NRC Staff Response to Proferred Intervenor Contention on Adequacy of Emergency Plan Provisions for Radio Transmission of Emergency Broadcast Sys Messages.* Contention Should Be Denied Due to Lack of Basis.Certificate of Svc Encl ML20147B9821988-01-12012 January 1988 Emergency Planning Contention Re Lilco New Emergency Broadcast Sys Proposal.* Certificate of Svc Encl ML20235R3921987-10-0505 October 1987 Response Supporting Lilco Motion for Summary Disposition of Contention 92.Applicant Entitled to Decision as Matter of Law & 870911 Motion Should Be Granted.Certificate of Svc Encl ML20215L0881987-05-0404 May 1987 Contention Ex 40 -- Calculation of Change in Total Population Dose as Result of Mobilization Delays.* Description & Results of Util Calculations & CA Daverio & Eb Liebermen Affidavits Encl.Certificate of Svc Encl ML20212K4421987-03-0202 March 1987 Emergency Planning Contentions Re 860213 Exercise.* ML20215B1421986-12-0909 December 1986 Revised Emergency Planning Contentions Re 860213 Exercise. Util Lack of Legal Authority & Govt Lack of Participation Discussed ML20214P4121986-11-24024 November 1986 Response to Util Submission of Revised Std Version of Intervenor 860801 Exercise Contentions.Lilco Submission Should Be Modified to Conform to ASLB 861003 Prehearing Conference Order.Certificate of Svc Encl ML20214J6391986-11-24024 November 1986 Response to Util Submission of Revised Std Version of Intervenors Exercise Contentions,Per Board 861113 Order. Submission Seriously Distorts Margulies Board 861003 Rulings & Must Be Rejected.Related Info Encl.W/Certificate of Svc ML20215N6371986-11-0303 November 1986 Response to Intervenor 861103 Pleading Re Objections to 861003 Prehearing Order Concerning Contentions 15,16 & 19 Re Emergency Plan Exercise.Ambiguity Re Unacceptable Contentions Should Be Resolved.Certificate of Svc Encl ML20212M7511986-08-25025 August 1986 Response Opposing Util & NRC 860815 Objections to 860801 Emergency Planning Contentions Re 860213 Exercise.Objections W/O Merit.Contentions Should Be Admitted as Drafted 1992-02-06
[Table view] 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 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 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 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 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 ML20092D2931992-02-0606 February 1992 Answer Denying Petitions for Leave to Intervene & Request for Prior Hearing Re Decommissioning 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 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 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 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
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UNITED STATES OF AMERICA [ED NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
)
In the Matter of )
)
LONG ISLAND LIGHTING COMPANY )
) Docket No. 50-322 (OL)
(Shoreham Nuclear Power Station, )
Unit 1). )
)
SUFFCLK COUNTY MOTION FOR LEAVE TO FILE A NEW CONTENTION CONCERNING THE SHOREHAM EMERGENCY DIESEL GENERATORS Background Facts and Requested Relief During recent weeks,significant problems with the emergency diesel generators at Shoreham have been reported. These problems have included the discovery of cracks in some diesel components,
! raising the possibility of serious design flaws in this crucial
! -1/
safety equipment. LILCO's testing of the diesel generators has also raised serious concerns regarding the operational capabilities and the reliability of the diesels.
, 1/ On March 8, 1983, in accordance with 10 CFR 50.55(e), LILCO l reported verbally to NRC Region I deficiencies concerning cracking of the cylinder heads on each of the Shoreham emergency diesel generators. LILCO's required written report on these deficiencies, SNRC-873, was filed on April 15, 1983.
Pursuant to 10 CFR 50.55 (e) , on March 30, 1983, LILCO reported to Region I that it had discovered cracks or the potential for cracking in a significant number of bolts used in the rocker arm assemblies of the cylinder heads. LILCO has not yet filed its required written report concerning these bolt failures.
8305050007 830502 PDR ADOCK 05000322 C PDR l 3b
During a routine safety inspection of the Shoreham facility from Febrpary 28 to March 4, 1983, a Region I inspector witnessed portions of the 72 hour8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> preliminary electrical test runs of all three emergency diesel generators. Because the test runs were preliminary in nature, no violations or discrepancies were noted in the subsequent Inspection Report, 83-07, dated March 24, 1983.
The-Report pointed out, however, that the testing of the diesel generators was accompanied by " problems similar to the many problems that have occurred relating to the diesel generator sets in the past year of testing." (Emphasis added.) For example, the inspector noted that:
"an apparent overall excessive vibration problem exists with all three of the diesel generator sets,"
"there are many apparent causal factors under-lying the numerous incidents that have occurred to the diesel generator sets,"
- ."the reliability for continuous operation and for standby electrical power is questionable at this point," and
- "further trend analysis of these incidents and occurrences is required to resolve the contin-uing high accident rate of problems and failures to the diesel generator sets."
These problems were designated as an open (unresolved) item to be examined on subsequent inspections.
Inspection Report 82-35, issued by Region I on February 24, 1983, and based on a November 30 to December 31, 1982 routine resident safety inspection of the Shoreham facility, noted inter alia that "a test of one emergency diesel generator may not have been I
performed properly and consequently there may not be adequate assurance that the diesel generator will successfully operate under maximum service conditions." The Report also noted that LILCO's management review process designed to assure adequate preoperational testing " failed to identify that the diesel generator's test results did not meet a specified acceptance criterion." This failure was identified as a violation of 10 CFR Part 50, Appendix B, Criterion XI, and resulted in Enforcement Action ("EA") 83-20, dated April 12, 1983.
EA 83-20 stated that the diesel generator testing violation demonstrated:
"a lack of aggressiveness on the part of LILCO to pursue, identify and resolve associated problems that can affect the reliability of the diesel generators, including attention to detail during performance, data review, and approval of the test results of [LILCO's] preopera-tional test program. . . . [T]hese actions are necessary to demonstrate that the
[ diesel]' components will perform satisfac-torily in service."
In order to emphasize "the need for more attention to detail during review and approval of test results," the Staff cited LILCO for a Severity Level III violation and imposed a fine of $40,000 against the licensee.
The NRC's regulations which pertain directly to the diesels (such as GDC 17, 18, 33-35 and 38), as well as those which mandate quality requirements (such as GDC 1 and Appendix B), are designed to ensure the reliable operation of the emergency diesels, including the rapid starting required in emergency situations. Suffolk County
i- ,. _4_
believes that the recent data concerning the Shoreham emergency diesel generators document a failure by LILCO to comply with ,these NRC regulatory requirements.-2/
Discussion Suffolk County, as an " interested . . . county" within the meaning of 10 CFR S2.715 (c) , has a right to raise the issues i specified in its proposed contention. Project Management 4
Corporation (Clinch River Breeder Reactor Plant) , ALA"-354, 4 NRC 383, 392-93 (1976). Section 2.715 (c) provides that the Board "will" permit an " interested . . . county" an opportunity to j " introduce evidence, interrogate witnesses, and advise the 1
Commission . . . The participational rights afforded to the County under Section 2.715 (c) are not conditioned upon a showing that the contention sought to be admitted is timely. Thus, the Board is not here required to balance the " lateness" factors set forth in 10 CFR S2.714 (a) with respect to the County's proposed L contention, and the contention should be accepted. In the Matter of Cincinnati Gas and Electric Company (William H. Zimmer Nuclear Station),LBP-79-22, 10 NRC 213, 216-17 (1979).
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2/ The proposed contention sets forth data which support the contention. The County notes that NRC Region I has informed the County that there are over 40 diesel nonconformances. Region I l has agreed to supply the County with the listing but it was not
- received at the time this Motion was filed. When the listing is received, the County will review the listing to ensure that the contention is complete. The County's proposed contention is attached as Exhibit 1.
i
Even if the Section 2.714 (a) factors were applicable, the County's new contention should be admitted. Section 2.714 (a) provides that a non-timely filing "will not be entertained absent a determination by [the Board] that [it] should be granted based upon a balancing of the following factors . . .
(i) Good cause, if any; for failure to file on time. .
(ii) The availability of other means whereby the petitioner's interest will be protected.
(iii) The extent to which the petitioner's participation may reasonably be expected to assist in developing a sound record.
(iv) The extent to which the petitioner's interest will be represented by existing parties.
(v) The extent to which the petitioner's partici-pation will broaden the issues or delay the proceeding.
As discussed below, the facts relating to each of the factors of Section 2.714 (a) support admitting the County's proposed 3/
contention.
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l l 3/ A request to admit a new contention need only demonstrate, l on balance, that Section 2.714 (a) 's factors favor permitting
( the new contention. See, e.g., Nuclear Fuel Services, Inc.
, (West Valley Reprocessing Plant), CLI-75-4, 1 NRC 273, 275 l (1975); In the Matter of Duke Power Company (Perkins Nuclear Station, Units 1, 2 and 3), ALAB-615, 12 NRC 350, 352 (1980);
Houston Lighting and Power Company (Allens Creek Nuclear Generating Station, Unit 1), ALAB-582, 11 NRC 239, 241-42 (1980);
In the Matter of Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2), Nos. 50-352/50-353, slip op.
at 3 (April 12, 1983); In the Matter of Maine Yankee Atomic Power Company (Maine Yankee Atomic Power Station), LBP-82-4, 15 NRC 199, 201 (1982); In the Matter of Cincinnati Gas and Electric Company, supra, LBP-79-22, 10 NRC 213, 214-17 (1979).
- 1. There is good cause for the County's failure
-to file the proposed contention earlier.
As previously noted, the problems with the diesel generators did not become apparent until recently. Thus, it would have been impossible for the County to have filed this contention earlier and, therefore, there is good cause for-the timing of the County's filing.
The County first learned of problems with LILCO's testing of the diesel generators sometime after February 24, 1983, the date Inspection Report 82-35 was issued by the Staff.-4/ That Report,
~
howevar, provided only sketchy'information to the County; for example, it merely noted that "a test of one emergency diesel generator may not have been performed properly and consequently there majc not be adequate assurance that the diesel generator will
( successfully operate under' maximum service conditions." (Emphasis i
added.)
In March, the County learned that cracks had developed in some of the diesel components. Thereafter, on April 12, 1983, the Staff announced its enforcement action against LILCO for the violation previously identified in Inspection Report 82-35.
4/ The Staff's Readiness Assessment Team (" RAT") Inspection Report, 83-02, did reference an " apparent violation" regarding the
" conduct and review of preoperational testing of Emergency l Diesel Generator 102 during Inspection 50-322/82-35."
Immediately'upon receipt of this Report, the County informed the Board and the parties that it intended to question the LILCO and Staff witnesses on this " apparent violation" during the course of the RAT inspection hearings. LILCO, however, opposed any questioning by the County on the diesels, and the Board, over the County's objection, agreed to exclude the issue of the diesels from the scope of the RAT hearings. See, e.g.,
Tr. 19,422-28, 19,533.
In issuing a Severity Level III violation and imposing a fine of
$40,000 against LILCO, the Staff emphasized its concerns about the reliability of LILCO's diesel testing procedures and management review process. Those concerns are shared by the County. Indeed, at this time, serious questions concerning the operational capabili-ties of the Shoreham emergency diesel generators remain unanswered.-5/
Accordingly, from the information which has been made available to the County, it is clear that there are serious problems with the diesels. The gravity of these problems and the fact that they remain unsolved is evidenced further by the fact that Region I is retaining private consultants to attempt to ascer-tain the cause of the problems. Since these problems only have become known in the last months, it is clear that the County could not have raised these problems earlier in the proceedings before the Board.-6/
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5/ As noted in Inspection Report 83-07, although the vendor's tests of 300 starts and LILCO's mechanical tests have been completed, LILCO's 72 hour8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> electrical tests, the 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> electrical load tests and the 23 start qualification tests have not been completed. Moreover, to the County's knowledge, the integrated electrical test, where the diesels are used during a simulated loss of coolant accident with the loss of offsite power, has not yet taken place.
! 6/ Since the diesel problems were first indicated earlier this year, the County's consultant on this matter, Mr. Goldsmith, and counsel have diligently pursued information regarding the diesels from both the Staff and LILCO. For example, the County has attended meetings on this matter and had numerous telephone calls seeking relevant data so that a decision could be made regarding whether a new contention should be filed.
I
It is well established that " good cause" for untimely i
filings may be shown where a contention is based on new research 4
or previously unavailable information. See, e.g., Cleveland Electric Illuminating Co. (Perry Nuclear Power Plant, Units 1 and 2),
LBP-82-15, 15 NRC 555, 557 (1982).- Similarly, the availability of new information appearing in previously unavailable documents has been recognized as a valid reason for accepting new
! contentions. -See, e.g., In the Matter of Cincinnati Gas and e
. Electric Company, supra, LBP-79-22, 10 NRC 213, 214 (1979). Here, I
the County's proposed contention is based on new information i
previously unavailable to the County and made known to the County through previously unavailable documents, e.g., Staff inspection reports. Thus, " good cause" exists for this late filing.
i l This case is analogous to In the Matter of Cincinnati Gas j and Electric Company, cited above, where, under similar circum-
. stances, the licensing board granted requests by the parties to the operating licensing proceeding to admit additional contentions.
7 One of those parties, Miami Valley Power Project ("MVPP"), sought admission of a contention dealing with the adequacy of fire protection insulation material planned to be used in the electrical cable trays. With respect to the " good cause" factor, the licensing board acknowledged that the contention was not submitted until April 30, 1979, years after the proceeding was commenced. The contention, however, was based on tests performed during September, October and November 1978, and January 1979, the results of which were provided to the parties on March 1, 1979.
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.- _9-The test results were examined by one of MVPP's witnesses in mid-March. That examination revealed that the tests on the insulation material had been inadequately performed. Thereafter, MVPP secured details of another, earlier test of the insulation material which revealed that the tests of the material had been a failure. The licensing board found this course of events to .
constitute " good cause" for MVPP's delay in filing the proposed contention. Similarly, the facts surrounding the recent problems with Shoreham's emergency diesel generators constitute " good cause" for the County's delay in requesting this Board to admit its proposed contention.
It is clear, then, that the County had " good cause" for not filing its proposed contention earlier. Therefore, the remaining four factors referred to in Section 2.714 (a) do not require as i strong a showing. Metropolitan Edison Company (Three Mile Island Nuclear Station, Unit 2), ALAB-384, 5 NRC 612, 616 (1977); In the Matter of Cincinnati Gas and Electric Company (William H. Zimmer Nuclear Station), LBP-80-14, 11 NRC 570, 575 (1980). As shown below, however, the County clearly satisfies all of the other Section 2.714 (a) factors as well.
_ 2. There are no other available means whereby the County's interest will be protected.
No contention regarding the problems which have recently arisen with the emergency diesel generators has before been
n
.- considered by the. Board,-7/ and there is, therefore, no other means available before the.ASLB for~the County to protect its interest in ensuring that NRC regulatory requirements regarding this crucial safety equipment are met.~8/ Cf. Long Island
-Lighting Company (Jamesport Nuclear . Power Station, Units 1 and 2) ,
ALAB-292, 2 NRC 631, 647-48 (1975). Nor are the provisions in the Commission's rules for the initiation of rulemaking and adjudicatory proceedings as efficacious as permitting the County to file its new contention in the present proceeding. In the Matter of Consolidated Edison Company (Indian Point Station, Unit No. 2), LBP-82-1, 15 NRC 37, 40-41 (1982).
- 3. The County can be expected to assist in developing a sound record.
The County has special expertise, through one of its consultants, Marc W. Goldsmith, which would be of assistance to 9/
the Board.~ See, In the Matter of Cincinnati Gas and Electric 2/ This does not mean that the County has not previously expressed SC Contention.2, concerns with the emergency diesel generators.
Diesel Generator Relays, contended that "Shoreham's onsite emergency generating system does not meet 10 CFR 50, Appendix A, GDC 17 because of the high probability of system failure due to accumulation of dirt in relays located in the diesel generator rooms." This contention was resolved without the necessity of a hearing when LILCO agreed to satisfy this particular County concern. See Tr. ff. 1,626.
8/ This argument is also relevant to the fourth factor under Section 2.714 (a) (concerning whether another party would represent the County's interest in this contention).
9/ Mr. Goldsmith is specifically qualified in matters concerning diesel engines and generators. Mr. Goldsmith's background includes training in diesel engines and he operated diesel engines during his tenure in the Merchant Marines. Mr. Goldsmith's qualifications have previously been submitted to the Board. Additional con- ,
sultants may, of. course, also be utilized to work with Mr. Goldsmith.
_ 11 _
Company, supra, LBP-80-14, 11 NRC 750, 576 (1980). The County has demonstrated in this proceeding that it responsibly assists in developing a sound record, and it will do so in this instance.
- 4. The County's interest in the proposed contention will not be adequately represented by other parties.
As noted previously, there is no contention regarding the emergency diesel generators before the Board, and indeed the evidentiary record on health and safety issues has been closed.
Accordingly, the County's interest could not be represented by other intervenors. Nor is it practical to suggest that the NRC Staff will adequately represent the County's interest in the proposed contention. The interests represented by the County diverge from those represented by the Staff. In this regard, another licensing board, confronted with this same issue, has noted:
Although the Staff clearly represents the public interest, it cannot be expected to pursue all issues with the same diligence as an intervenor would pursue its own issue.
Moreover, unless made an issue in this proceeding, it would not attempt to resolve the issue in an adjudicatory context. Giving all possible deference to the adequacy of the Staff's review, we conclude that the Applicant's reliance on the Staff review gives inadequate consideration to the value of a party's pursuing the participational rights afforded it in an adjudicatory. hearing. In the Matter of Cincinnati Gas and Electric Company, supra, LBP-79-22, 10 NRC 213, 215 (1979).
- 5. Admission of the County's contention would not delay the proceeding.
The County doubts that admission of the proposed diesel contention would delay the proceeding. It now appears that any litigation (in hearing before the ASLB) of offsite emergency
- 9 planning ir' 's will not commence for several months, particularly since the new LILCO offsite plan is not due now to be filed until the middle of May. Moreover, although the Board has indicated that it anticipates issuing its partial initial decision on matters other than emergency planning by the end of July 1983, that decision will be partial and will not deal with all issues. .
Aside from offsite emergency planning, the Board may still entertain a hearing on the much-delayed Teledyne report. Accordingly, the proposed diesel contention appears unlikely to cause any delay.
Conclusion Accordingly, Suffolk County hereby moves for leave to file its proposed contention concerning the Shoreham emergency diesel generators.
Respectfully submitted, David J. Gilmartin Patricia A. Dempsey Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 l
Y/ b c'b u $ $ h ib < J Herbert H. Brown Lawrence Coe Lanpher Alan R. Dynner Michael S. Miller Kirkpatrick, Lockhart, Hill,
, Christopher & Phillips 1900 M Street, N.W.
Washington, D.C. 20036 Attorneys for Suffolk County l May 2, 1983
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
)
LONG ISLAND LIGHTING COMPANY )
) Docket No. 50-322 (0.L.)
(Shoreham Nuclear Power Station, )
Unit 1) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of Suffolk County Motion For Leave to File a New Contention Concerning the Shoreham Emergency Diesel Generators, dated May 2, 1983, have been served upon the following this 2nd day of May,1983 by first-class mail, postage prepaid unless otherwise indicated.
- Lawrence J. Brenner, Esq. Ralph Shapiro, Esq.
Administrative Judge Cammer and Snapiro Atomic Safety and Licensing Board 9 East 40th Street U.S. Nuclear Regulatory Commission New York, New York 10016 Washington, D.C. 20555 Howard L. Blau, Esq.
- Dr. James L. Carpenter 217 Newbridge Road Administrative Judge Hicksville, New York 11801 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission *W. Taylor Reveley III, Esq.
Washington, D.C. 20555 Hunton & Williams P.O. Box 1535 l 707 East Main St.
- Dr. Peter A. Morris Richmond, Virginia 23212 Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mr. Jay Dunkleberger Washington, D.C. 20555 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 1 250 Old Country Road Mineola, New York 11501 Stephen B. Latham, Esq.
Twomey, Latham & Shea Mr. Brian McCaffrey P.O. Box 398 Long Island Lighting Company 33 West Second Street 175 East Old Country Road Riverhead, New York 11901 Hicksville, New York 11801
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Mdrc W. Goldsmith Mr. Jeff Smith Shorcham Nuclocr Powar Station
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Ensrgy Recentch Group, Inc.
400-1 Totten Pond Road P.O. Box 618 Waltham, Massachusetts 02154 Nor'th Country Road Wading River, New York 11792 Joel Blau, Esq. MHB Technical Associates New York Public Service Commission 1723 Hamilton Avenue The Governor Nelson A. Rockefeller- Suite K Building San Jose, California 95125 Empire State Plaza Albany, New York 12223 Hon. Peter Cohalan Suffolk County Executive David J. Gilmartin, Esq. H. Lee Dennison Suffolk County Attorney Building H. Lee Dennison Building Veterans Memorial Highway Veterans Memorial Highway Hauppauge, New York 11788 Hauppauge, New York 11788 Ezra I. Bialik, Esq.
Atomic Safety and Licensing Assistant Attorney General Board Panel Environmental Protection Bureau U.S. Nuclear Regulatory Commission New York State Department of Washington, D.C. 20555 Law 2 World Trade Center Docketing and Service Section New York, New York 10047 Office of the Secretary U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board U.S. Nuclear Regulatory
- Bernard M. Bordenick, Esq. Commission David A. Repka, Esq. Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Matthew J. Kelly, Esq.
Staff Counsel, New York State Public Service Comm.
Stuart Diamond Environment / Energy Writer 3 Rockefeller Plaza NEWSDAY ,
Albany, New York 12223 Long Island, New York 11747 Stewart M. Glass, Esq.
Daniel F. Brown, Esq. Regional Counsel Atomic Safety and Federal Emergency Management Licensing Board Panel Agency U.S. Nuclear Regulatory Commission 26 Federal Plaza Washington, D.Cc 20055 New York, New York 10278 James B. Dougherty, Esq.
3045 Porter Street, N.W.
Washingtsn, D.C. 20008
, h Michael S. Miller KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS DATE: May 2, 1983 1900 M Street, N.W., 8th Floor Washington, D.C. 20036
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EXHIBIT 1 2
Diesel Generator Contention Suffolk County contends that LILCO has failed to comply.
with NRC regulatory requirements designed to assure the rapid starting and reliable operation of the Shoreham emergency diesel generators. The specific regulations violated by LILCO are 10 CFR Part 50, Appendix A, GDC 1, 17, 18, 33-35 and 38 and 10 CFR Part 50, Appendix B, Criteria III, V, X, XI and XIV.
GDC 17 requires LILCO to establish an onsite electric power system that permits the functioning of structures, systems and components important to safety. As further specified in GDC 33-35 and 38, the system required by GDC 17 must be sufficient to provide capacity and capability to assure that (1) acceptable fuel design limits and design conditions of the reactor coolant pressure boundary are not exceeded as a result of anticipated operational occurrences and (2) the core is cooled and containment integrity and other vital functions are maintained in the event e of postulated accidents. Further, under GDC 18, the system must also be designed with a capability to test periodically the .
l operability of the system under conditions as close to design as practical. Under GDC 1, the emergency diesel generators must be designed, fabricated, erected and tested to quality standards commensurate with the safety functions to be performed. Further, the Shoreham cmergency diesel generators are subject to the ;
specific Appendix B requirements set forth in Criteria III, V, X, XI and XIV, all of which are intended to ensure reliable
! operation of the diesels. t l
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y-In violation of regulatory requirements, LILCO has failed to ensure rapid starting and reliable operation of the Shoreham emergency diesel generators. The data supporting this contention are:
(1) LILCO has failed to test adequately the emergency
- diesel generators, and has failed to ensure adequate review and approval of test procedures and test i
results, as documented in I&E Reports 82-35, 83-02,
- 83-07 and 83-08 and'I&E Enforcement Action 83-20.
Without adequate testing, reliable operation cannot be assured.
(2) The diesels have been subject to excessive i
vibration, as documented in I&E Report 83-07.
Such vibration may reflect a design defect or a fabrication / erection deficiency or a combina-tion thereof. In any event, such vibration prevents the diesels from reliably performing their intended functions.
(3) The diesels have suffered from cracking of components, as documented by LILCO's verbal reports to NRC Region I on March 8 and 30, 1983, and LILCO's written report, SNRC-873, dated April 15, 1983.-1/ These deficiencies have included water jacket leaks which have the potential to decrease power output and interfere with rapid i
startup of the diesels.
I 1/ LILCO's written report concerning the deficiencies verbally l reported to Region I on March 30, 1983 has not yet been filed.
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(4)- One of the diesels " locked-out" (i.e., would not restart) when hot restart was attempted during testing.-2/
(5) LILCO has-failed to prepare an adequate trend analysis of the diesel problems and occurrences, as documented by I&E Report 83-07. Such failure means that there can be no assurance that these diesels have been adequately analyzed to ensure reliable performance of required functions.
The County contends that the foregoing deficiencies document that LILCO has failed to comply with the aforementioned regulatory requirements as they pertain to the Shoreham emergency diesel generators.
2/ I&E Bulletin Nos. 83-03 and.83-17, issued in March, indicate that there might be a generic problem with the ability of the emergency diesel generators to perform a hot restart.