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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20093G4541995-10-18018 October 1995 Comment Supporting Proposed Rules 10CFR2,50 & 51 Re Decommissioning Procedures for Nuclear Power Reactors ML20058K7381993-12-0303 December 1993 Memorandum & Order CLI-93-25.* Commission Denies State of Nj Petition for Leave to Intervene & Request for Adjudicatory Hearing Filed on 931008.W/Certificate of Svc.Served on 931203 ML20058E0151993-11-14014 November 1993 Comment Opposing Proposed Rule 10CFR50 Re Exemptions in Accident Insurance for Nuclear Power Plants Prematurely Shut Down ML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20059B0621993-10-20020 October 1993 Long Island Power Authority Response to Nuclear Regulatory Commission Order of 931014.* Requests That NRC Reject State of Nj Filing.W/Certificate of Svc ML20057G2141993-10-14014 October 1993 Order.* Requests for Simultaneous Responses,Not to Exceed 10 Pages to Be Filed by State,Peco & Lipa & Served on Other Specified Responders by 931020.NRC May File by 931022. W/Certificate of Svc.Served on 931014 ML20059A4581993-10-14014 October 1993 Order Requesting Answers to Two Questions Re State of Nj Request for Immediate Action by NRC or Alternatively, Petition for Leave to Intervene & Request for Hearing. Operations Plans for Marine Transportation Withheld ML20059F0191993-10-0808 October 1993 Long Island Power Authority Reply to New Jersey Filing of 931020.* Licensee Requests That NRC Deny State of Nj Intervention Petition.W/Certificate of Svc ML20057F2191993-09-30030 September 1993 Exemption from Requirements of 10CFR50.54(q) Eliminating Licensee Requirement to Follow & Maintain in Effect Emergency Plans ML20059B1291993-09-14014 September 1993 Affidavit of Jh Freeman.* Discusses Transfer of Slightly Used Nuclear Fuel from Shoreham Nuclear Power Station to Limerick Generating Station.W/Certificate of Svc & Notice of Appearance ML20097C3241992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Joint Opposition to Issuance of Decommissioning Order Prior to Hearing.* W/Certificate of Svc ML20097C2911992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeal.* Dismisses 911203 Notice of Appeal W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees Due to Encl Settlement Agreement. W/Certificate of Svc ML20097C2891992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeals.* Appeals Being Dismissed Due to Encl Settlement Agreement.Nrc Should Dismiss Appeals W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees.W/Certificate of Svc ML20097C1361992-06-0303 June 1992 Petitioners Consented Motion to Dismiss.* Petitioners by Counsel Move ASLB to Dismiss Petitioners as Petitioners for Leave to Intervene & Request for Hearing in Proceeding W/ Prejudice.W/Certificate of Svc ML20097C2631992-06-0303 June 1992 Petitioner Consented Motion to Dismiss.* NRC Should Issue Order Dismissing School District & Scientists & Engineers for Secure Energy,Inc as Petitioners in Proceeding.W/ Settlement Agreement & Certificate of Svc ML20097C1081992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Appeal.* Petitioners Hereby Move to Dismiss 910628 Notice of Appeal in Matter W/Prejudice & W/Each Party to Bear Own Costs & Atty Fees.W/ Certificate of Svc ML20096A5921992-05-0707 May 1992 Motion to Withdraw Supplemental Filing.* Petitioners Urge NRC to Allow Withdrawal of Supplement for Good Cause Shown. W/Certificate of Svc ML20096A5311992-05-0606 May 1992 Long Island Power Authority Comments on SECY-92-140 & Response to Petitioner Joint Opposition to Decommissioning Order.* Util Urges NRC to Adopt Recommendation in SECY-92-140 & Approve Order.W/Certificate of Svc ML20096A5071992-05-0505 May 1992 Suppl to Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Supplements Joint Opposition Prior to Hearing.W/Certificate of Svc ML20095K8991992-04-29029 April 1992 Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Petitioners Urge Commission to Reject NRC Staff Proposal in SECY-92-140.W/Certificate of Svc ML20095H5611992-04-28028 April 1992 Affidavit of Lm Hill.* Affidavit of Lm Hill Supporting Util Position That Circumstances Exist Warranting Prompt NRC Action on NRC Recommendation That Immediately Effective Order Be Issued Approving Decommissioning Plan ML20094G3971992-02-26026 February 1992 Notice of State Taxpayer Complaint & Correction.* NRC Should Stay Hand in Approving Application for License Transfer as Matter of Comity Pending Resolution of Question as Util Continued Existence in Ny State Courts.W/Certificate of Svc ML20094G2261992-02-25025 February 1992 Petitioner Notice of Lilco/Long Island Power Authority Exaggeration & of Commencement of State Court Action.* NRC Should Await Ny State Decision Re Matter within Special Jurisdiction.W/Certificate of Svc ML20092K9021992-02-24024 February 1992 Petitioner Opposition to Ltr Request for Dismissal of Pages.* Suggests That Transfer of License Inappropriate at Present Time.W/Certificate of Svc ML20092K9511992-02-21021 February 1992 Response of Lilco & Long Island Power Authority to Petitioner Opposition to NRC Staff Recommendation for License Transfer Approval.* W/Certificate of Svc ML20092K8701992-02-20020 February 1992 Petitioners Opposition to NRC Staff Recommendation for Approval of License Transfer.* Urges Commission to Reject NRC Recommendation in SECY-92-041 & Remand Matter for Consideration in Normal Proceeding.W/Certificate of Svc ML20091E2661992-02-20020 February 1992 Petitioner Opposition to NRC Staff Motion to Dismiss.* Petitioners Urge NRC to Deny Staff Motion or Defer Action Until Petitioners Have Fully Developed Petitions & Supplied Detailed Contentions.W/Certificate of Svc ML20091E4011992-02-18018 February 1992 Answer of Long Island Power Authority to NRC Staff Motion to Dismiss Intervention Petitions.* Util Urges NRC to Grant Motion & Dismiss Intervention Petitions.W/Certificate of Svc ML20091E3161992-02-13013 February 1992 Lilco Response to NRC Staff Motion to Dismiss Intervention Petitions on Decommissioning Plan.* Requests That Petitions Be Struck & Petitioners Be Instructed of Possible Dismissal.W/Certificate of Svc ML20092D2931992-02-0606 February 1992 Answer Denying Petitions for Leave to Intervene & Request for Prior Hearing Re Decommissioning ML20091E2741992-02-0606 February 1992 Answer of Long Island Power Authority to Intervention Petitions Concerning Shoreham Decommissioning Plan.* Requests That Petitions for Leave & Requests for Hearing Be Denied.W/Certificate of Svc & Notice of Appearance ML20091E2941992-02-0606 February 1992 Lilco Opposition to Petitioner Request for Hearing on Shoreham Decommissioning Plan.* Informs That Util Opposes Both Requests for Hearing.W/Certificate of Svc ML20091E2831992-01-22022 January 1992 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition for Leave Be Granted & Hearing Held. W/Certificate of Svc & Notice of Appearance ML20091E2811992-01-22022 January 1992 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition Be Granted & Hearing Be Held.W/Certificate of Svc & Notice of Appearance ML20086T7231992-01-0303 January 1992 Motion of Long Island Power Authority for Leave to File Supplemental Matls.* Requests That Supplemental Memorandum & Supplemental Legislative History Matls Be Filed. W/Certificate of Svc ML20086T7541992-01-0303 January 1992 Memorandum of Long Island Power Authority Concerning Supplemental Legislative History Matls.* Supports Legislative History & Argues That License Not Subj to Termination Under Section 2828.W/Certificate of Svc ML20086Q9171991-12-30030 December 1991 Lilco Opposition to Petitioners Request for Stay & Suggestion of Mootness.* Suggests That Stay Request & Suggestion of Mootness Be Denied.W/Certificate of Svc ML20086Q9281991-12-30030 December 1991 Opposition of Util to Motion for Stay of License Transfer & to Suggestion of Mootness.* Concluded That Relief Sought in Petitioner Motion & Suggestion Should Be Denied. W/Certificate of Svc ML20091H8261991-12-19019 December 1991 Suggestion of Mootness Due to Long Island Power Authority Imminent Demise.* Concludes That If Commission Were to Transfer Shoreham Licenses to Lipa,Nrc Could Find Itself W/Class 103 Facility W/O Licensee.W/Certificate of Svc ML20091H8661991-12-18018 December 1991 Lilco Opposition to SE2 Appeal from LBP-91-26 & LBP-91-39. Concludes That Appeal Should Be Summarily Rejected or Be Denied on Merits.W/Certificate of Svc ML20086N1661991-12-17017 December 1991 Motion for Stay of License Transfer Pending Final Order on Petition to Intervene & Request for Hearing & for Addl or Alternative Stay.W/Certificate of Svc ML20086M0791991-12-16016 December 1991 Certificate of Svc.* Certifies Svc of Petitioner Notice of Appeal & Brief in Support of Appeal in Proceeding to Listed Individuals ML20086J6351991-12-0909 December 1991 Lilco Opposition to Petitioners Contentions on License Transfer Amend.* Concludes That License Transfer Amend Contentions Be Rejected & Petitioner Request to Intervene Denied.W/Certificate of Svc ML20086J3521991-12-0909 December 1991 Response of Long Island Power Authority to Petitioners Joint Supplemental Petition.* Board Should Dismiss Petitions to Intervene for Lack of Standing & Reject All Contentions Proffered by Petitioners.W/Certificate of Svc ML20094E1041991-12-0909 December 1991 Response to Long Island Power Authority to Petitioners Joint Supplemental Petition ML20091G2051991-12-0303 December 1991 Brief in Support of Appeal.* Commission Should Consider Appeal on Basis That Findings of Matl of Facts Clearly Erroneous.W/Certificate of Svc ML20091G1971991-12-0303 December 1991 Notice of Appeal.* Informs of Appeal of LBP-91-26 & LBP-91-39 in Facility possession-only License Proceeding ML20086C5381991-11-18018 November 1991 Petitioner Joint Supplemental Petition.* Petition Includes List of Contentions to Be Litigated in Hearing Re License Transfer Application.W/Certificate of Svc ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* 1995-10-18
[Table view] Category:PLEADINGS
MONTHYEARML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B0621993-10-20020 October 1993 Long Island Power Authority Response to Nuclear Regulatory Commission Order of 931014.* Requests That NRC Reject State of Nj Filing.W/Certificate of Svc ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20059F0191993-10-0808 October 1993 Long Island Power Authority Reply to New Jersey Filing of 931020.* Licensee Requests That NRC Deny State of Nj Intervention Petition.W/Certificate of Svc ML20097C2631992-06-0303 June 1992 Petitioner Consented Motion to Dismiss.* NRC Should Issue Order Dismissing School District & Scientists & Engineers for Secure Energy,Inc as Petitioners in Proceeding.W/ Settlement Agreement & Certificate of Svc ML20097C2911992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeal.* Dismisses 911203 Notice of Appeal W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees Due to Encl Settlement Agreement. W/Certificate of Svc ML20097C1361992-06-0303 June 1992 Petitioners Consented Motion to Dismiss.* Petitioners by Counsel Move ASLB to Dismiss Petitioners as Petitioners for Leave to Intervene & Request for Hearing in Proceeding W/ Prejudice.W/Certificate of Svc ML20097C1081992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Appeal.* Petitioners Hereby Move to Dismiss 910628 Notice of Appeal in Matter W/Prejudice & W/Each Party to Bear Own Costs & Atty Fees.W/ Certificate of Svc ML20097C2891992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeals.* Appeals Being Dismissed Due to Encl Settlement Agreement.Nrc Should Dismiss Appeals W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees.W/Certificate of Svc ML20097C3241992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Joint Opposition to Issuance of Decommissioning Order Prior to Hearing.* W/Certificate of Svc ML20096A5921992-05-0707 May 1992 Motion to Withdraw Supplemental Filing.* Petitioners Urge NRC to Allow Withdrawal of Supplement for Good Cause Shown. W/Certificate of Svc ML20096A5311992-05-0606 May 1992 Long Island Power Authority Comments on SECY-92-140 & Response to Petitioner Joint Opposition to Decommissioning Order.* Util Urges NRC to Adopt Recommendation in SECY-92-140 & Approve Order.W/Certificate of Svc ML20096A5071992-05-0505 May 1992 Suppl to Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Supplements Joint Opposition Prior to Hearing.W/Certificate of Svc ML20095K8991992-04-29029 April 1992 Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Petitioners Urge Commission to Reject NRC Staff Proposal in SECY-92-140.W/Certificate of Svc ML20094G2261992-02-25025 February 1992 Petitioner Notice of Lilco/Long Island Power Authority Exaggeration & of Commencement of State Court Action.* NRC Should Await Ny State Decision Re Matter within Special Jurisdiction.W/Certificate of Svc ML20092K9021992-02-24024 February 1992 Petitioner Opposition to Ltr Request for Dismissal of Pages.* Suggests That Transfer of License Inappropriate at Present Time.W/Certificate of Svc ML20092K9511992-02-21021 February 1992 Response of Lilco & Long Island Power Authority to Petitioner Opposition to NRC Staff Recommendation for License Transfer Approval.* W/Certificate of Svc ML20092K8701992-02-20020 February 1992 Petitioners Opposition to NRC Staff Recommendation for Approval of License Transfer.* Urges Commission to Reject NRC Recommendation in SECY-92-041 & Remand Matter for Consideration in Normal Proceeding.W/Certificate of Svc ML20091E2661992-02-20020 February 1992 Petitioner Opposition to NRC Staff Motion to Dismiss.* Petitioners Urge NRC to Deny Staff Motion or Defer Action Until Petitioners Have Fully Developed Petitions & Supplied Detailed Contentions.W/Certificate of Svc ML20091E4011992-02-18018 February 1992 Answer of Long Island Power Authority to NRC Staff Motion to Dismiss Intervention Petitions.* Util Urges NRC to Grant Motion & Dismiss Intervention Petitions.W/Certificate of Svc ML20091E3161992-02-13013 February 1992 Lilco Response to NRC Staff Motion to Dismiss Intervention Petitions on Decommissioning Plan.* Requests That Petitions Be Struck & Petitioners Be Instructed of Possible Dismissal.W/Certificate of Svc ML20091E2941992-02-0606 February 1992 Lilco Opposition to Petitioner Request for Hearing on Shoreham Decommissioning Plan.* Informs That Util Opposes Both Requests for Hearing.W/Certificate of Svc ML20091E2741992-02-0606 February 1992 Answer of Long Island Power Authority to Intervention Petitions Concerning Shoreham Decommissioning Plan.* Requests That Petitions for Leave & Requests for Hearing Be Denied.W/Certificate of Svc & Notice of Appearance ML20091E2811992-01-22022 January 1992 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition Be Granted & Hearing Be Held.W/Certificate of Svc & Notice of Appearance ML20091E2831992-01-22022 January 1992 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition for Leave Be Granted & Hearing Held. W/Certificate of Svc & Notice of Appearance ML20086T7231992-01-0303 January 1992 Motion of Long Island Power Authority for Leave to File Supplemental Matls.* Requests That Supplemental Memorandum & Supplemental Legislative History Matls Be Filed. W/Certificate of Svc ML20086Q9281991-12-30030 December 1991 Opposition of Util to Motion for Stay of License Transfer & to Suggestion of Mootness.* Concluded That Relief Sought in Petitioner Motion & Suggestion Should Be Denied. W/Certificate of Svc ML20086Q9171991-12-30030 December 1991 Lilco Opposition to Petitioners Request for Stay & Suggestion of Mootness.* Suggests That Stay Request & Suggestion of Mootness Be Denied.W/Certificate of Svc ML20091H8261991-12-19019 December 1991 Suggestion of Mootness Due to Long Island Power Authority Imminent Demise.* Concludes That If Commission Were to Transfer Shoreham Licenses to Lipa,Nrc Could Find Itself W/Class 103 Facility W/O Licensee.W/Certificate of Svc ML20091H8661991-12-18018 December 1991 Lilco Opposition to SE2 Appeal from LBP-91-26 & LBP-91-39. Concludes That Appeal Should Be Summarily Rejected or Be Denied on Merits.W/Certificate of Svc ML20086N1661991-12-17017 December 1991 Motion for Stay of License Transfer Pending Final Order on Petition to Intervene & Request for Hearing & for Addl or Alternative Stay.W/Certificate of Svc ML20086J3521991-12-0909 December 1991 Response of Long Island Power Authority to Petitioners Joint Supplemental Petition.* Board Should Dismiss Petitions to Intervene for Lack of Standing & Reject All Contentions Proffered by Petitioners.W/Certificate of Svc ML20086J6351991-12-0909 December 1991 Lilco Opposition to Petitioners Contentions on License Transfer Amend.* Concludes That License Transfer Amend Contentions Be Rejected & Petitioner Request to Intervene Denied.W/Certificate of Svc ML20091G2051991-12-0303 December 1991 Brief in Support of Appeal.* Commission Should Consider Appeal on Basis That Findings of Matl of Facts Clearly Erroneous.W/Certificate of Svc ML20086C5381991-11-18018 November 1991 Petitioner Joint Supplemental Petition.* Petition Includes List of Contentions to Be Litigated in Hearing Re License Transfer Application.W/Certificate of Svc ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* ML20082G8971991-08-0909 August 1991 Lilco Responses to Petitioner Filings of 910805 & 06.* W/Certificate of Svc ML20082G8441991-08-0707 August 1991 Motion for Offical Notice to Correct Representation.* Moves Board to Take Official Notice of Encl NRC Records to Correct Representation Made at Prehearing Conference. W/Certificate of Svc ML20082G8571991-08-0707 August 1991 Petitioners Response to Lilco Re Physical Security Plan.* Petitioners Suggest That Util post-hearing Filing Does Not Dispose of Any Issue as to Util Compliance W/Settlement Agreement.W/Certificate of Svc ML20076D0721991-07-22022 July 1991 Petitioners First Emergency Motion for Stay.* Movants Urge Commission,In Interest of Justice,To Enjoin Lilco from Taking Any Actions Under possession-only License Which Might Moot Renewed Application for Stay.W/Certificate of Svc ML20076D1541991-07-22022 July 1991 Lilco Response to Petitioner Emergency Motions.* Believes Petitioner Emergency Motions Should Be Denied to End Frivolous Pleadings & Burdens of Time & Resources of Nrc. W/Certificate of Svc ML20076D0841991-07-21021 July 1991 Petitioners Second Emergency Motion for Stay.* Petitioners Urge Commission,Ex Parte,To Enjoin Lilco,From Any & All Acts W/Respect to Shoreham Which Would Be Inconsistent W/Nrc Representation in Court.W/Certificate of Svc ML20076D2071991-07-15015 July 1991 Lilco Opposition to Shoreham-Wading River Central School District (Swrcsd) Appeal from LBP-91-26.* Appeal Should Be Denied Due to Listed Reasons.W/Certificate of Svc ML20082D4051991-07-12012 July 1991 Lilco Opposition to SE-2s Contentions on Possession Only License Amend.* Concludes That Contentions Should Be Rejected & Request for Hearing on Possession Only License Amend Should Be Denied.W/Certificate of Svc ML20082D4001991-07-12012 July 1991 Movant-intervenors Motion for Change of Venue of Prehearing Conference.* Intervenors Request Change of Venue of 910730 Prehearing Conference from Hauppauge,Ny to Washington DC Area.W/Certificate of Svc ML20082D3891991-07-10010 July 1991 Lilco Support of NRC Staff Motion for Reconsideration of LBP-91-26.* for Reasons Listed,Nrc 910625 Motion Should Be Granted & Request for Hearing & Petition to Intervene in Amend Proceeding Should Be Denied.W/Certificate of Svc ML20082B4311991-07-0303 July 1991 Lilco Opposition to Petitioner Contentions on Confirmatory Order,Physical Security Plan & Emergency Preparedeness License Amends.* Petitioner Contentions Should Be Rejected & License Amends Denied.W/Certificate of Svc ML20082B3531991-07-0202 July 1991 Unopposed Motion for Variance in Svc Requirements.* Informs That Filing & Svc Requirements Presents No Obstacle to Filing W/Aslb or Svc Upon Any Parties.W/Certificate of Svc. Served on 910702.Granted for Licensing Board on 910702 ML20082B2461991-06-28028 June 1991 Movant-Intervenor Brief in Support Accompany Notice of Appeal.* School District Urges Commission to Reverse & Remand Dismissal Order W/Appropriate Guidance.W/Ceritifcate of Svc ML20082B2571991-06-28028 June 1991 Unopposed Motion for Variance in Svc Requirements.* Petitioners Urge ASLB to Grant Variance in Svc Procedures Requested to Allow Svc of Judge Ferguson.W/Certificate of Svc 1993-10-08
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1 4
$f {fD UNITED STATES OF AMERICA 'gg NUCLEAR REGULATORY COMMISSION // -9 4,7, BEFORE THE COPNISSION In the Matter of 3
.LONG ISLAND' LIGHTING COMPANY' ) Docket No. 50-322-OL-3 (Emergency Planning)
(Shoreham Nuclear Power Station,
-2 . Unit 1)
NRC STAFF'S ANSWER TO INTERVENORS'
" MOTION FOR CANCELLATION OF EMERGENCY PLANNING EXERCISE" Sherwin E. Turk Deputy Assistant Chief Hearing Counsel f
t.
January 8, 1986 i
kR D PDR 22 o,
Oge.
Ik((!O UNITED STATES OF AMERICA *ee /4y,O t
NUCLEAR REGULATORY COMMISSION g.
- g/g28 BEFORE THE COMMISSION In the Matter of
{
. LONG ISLAND LIGHTING COMPANY ') Docket No. 50-322-0L-3
) (Emergency Planning)
.(Shoreham Nuclear Power Station, )
Unit 1) )
NPC STAFF'S ANSWER TO INTERVENORS'
" MOTION FOR CANCELLATION OF EMERGENCY PLANNING EXERCISE" Sherwin E. Turk Deputy Assistant Chief Fearing Counsel January 8, 1986
UNITED STATES OF AMERICA ,
NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
. LOMG ISLAND LIGilTING CONPANY Docket No. 50-322-OL-3 (Shoreham Nuclear Power Station.
Unit 1) .
NRC STAFF'S ANSWER TO INTERVEN0RS'
" MOTION FOR CANCELLATION OF l EMERGENCY PLANNING EXERCISE" On December 24, 1985, Intervenors Suffolk County, State of New York, and Town of Southampton ("Intervenors") filed their " Motion for Cancellatien of Emergency Planning Exercise" (" Motion"). Therein, the Intervenors urged the Commission to cancel the planned February 13, 1986 exercise of the Shoreham nuclear plant's offsite emergency plan, submitted by Applicant Long Island Lighting Company ("LILC0"). For the reasons set forth below, the the NRC Staff (" Staff") opposes the Intervenors' Notion and recommends that it be dismissed or denied.
INTRODUCTION On April 17, 1985, the Licensing Board issued a Partial Initial Decision ("PID")inwhichitresolvedmostoftheadmittedemergency planningcontentionsinthisproceeding.1/ On August 26, 1985, the l
l ~
1/ LongIslandLightingCo.(ShorehamNuclearPowerStation, Unit 1),
! LBP-85-12,21NRC644(1985).
__...-___m.__ ._:. - . _ _ _
Licensing Board issued its Concluding Partial Initial Decision ("CPID"),
in which it resolved the remaining emergency planning contention and rendered its " reasonable assurance" determination pursuant to 10 C.F.R.
9 50.47(a). 2/ An appeal from the PID was filed by the Intervenors, and appeals from the CPID were filed by both the Intervenors and LILCO. On October 18, 1985, the Appeal Board issued ALAB-818, in which it affirmed the Licensing Board's PID as to Contentions 1-10 (the " legal authority" issue.s), 3_/ and the Comission has now taken review of that decision. O Except as to the legal authority issues which were decided in ALAB-818, all other emergency planning issues decided by the Licensing Board are currently pending before the Appeal Board. 5/
On June 4,1985, the Comission suggested that the Staff request that the Federal Emergency Management Agency (FEMA) schedule an exer-cise of LILCO's offsite emergency plan for the Shoreham facility. 5/ On
-2/ Long Island Lighting Co. (Shoreham Nuclear Power Station, Unit 1),
LBP-85-31, 22 NRC 410 (August 26,1985).
3/ Long Island Lighting Co. (Shoreham Nuclear Power Station Unit 1),
ALAB-818, 22 NRC 651 (1985).
4/
~
Lora Island Lighting Co. (Shoreham Nuclear Power Station. Unit 1),
"Orcer" dated December 19, 1985.
5/ Oral argument of the pending appeals has been consolidated and is scheduled to be held on February 12, 1986. See Hote to Messrs.
Bordenick, et al., from C. Jean Shcemaker, Secretary to the Appeal
- Board, dated December 31, 1985.
!/ Memorandum to William J. Dircks Executive Director for Operations, from Samutl J. Chilk, Secretary of the Commission, dated June 4, 1985 ("
Subject:
Scheduling of Emergency Plan Exercise for Shoreham").
Mr. Chilk's memorandum notes that Chairman Palladino and Commissioner Asselstine oisagreed with the majority's determination.
June 20, 1985, in accordance with the Comission's recommendation, the Staff requested that FEMA " schedule as full an exercise of the LILC0 Local Emergency Response Organization (LER0) plan as is feasible at the present time . . . ." M
' On October 29, 1985, FEMA responded to the Staff's request. M FEMA suggestedtwooptionsfortheconductofanexerciseoftheLEROplan,E
~/
7 Memorandum to Richard W. Krimm, Assistant Associate Director Office of Natural and Technological Hazards Programs (FEMA), from Edward L. Jordan Director, Division of Emergency Preparedness and Engi-neering Resporse (NRC), dated June 20, 1985; Memurandum to Samuel J. Chilk, Secretary of the Comission, from William J. Dircks.
Executive Director for Operations, dated June 20, 1985.
8/
~
Letter to William J. Dircks, Executive Director for Operations, from Samuel W. Speck, Associate Director, State and Local Programs andSupport(FEMA),datedOctober 29, 1985.
y FEMA identified the two options as follows:
Option 1 - This option would require that we set aside all functions and exercise objectives related to issues of authority and State and local partici-pation. Thus, only the functions outlined for LILCO would be exercised. Such an exercise is possible but its usefulness would seem very limited. An exercise of this type would not address questions such as those raised on pages 35 through 39 of the October 18 decision of the Atomic Safety and Licensing Appeal Board and would be redundant to actions already taken by NRC.
Option 2 - This option would include all functions and normal exercise objectives. This option would exercise Revision 5 of the LERO Plan. Exercise con-
- trollers would simulate the roles of key Otate or local officials unable or unwilling to participate.
It would be desirable that State and local government personnel actually play. However, such a simulation mechanism would at least test the utility's ability to respond to ad hoc participation on the part of State and local governments.
t
! t l l l
l and requested clarification from the NRC as to the scope of the exercise l
! to be conducted. The Staff responded to FEMA on November 12, 1985. El In l t !
its response, the Staff concluded that an exercise should be conducted consistent with FEMA's Option 2, and further stated as follows:
! Option 2 would include all functions and normal exercise [
objectives, recogni:ing that some offsite response roles :
may be simulated. We believe that such an exercise I would be useful in the licensing process for Shoreham. l
!' In accordance with the NRC's request, FEMA has scheduled an exercise l of the Shureham LERO plan, to be held on February 13, 1986. Numerous !
letters have been written by the Intervenors protesting the Comission's ;
decit, ion to conduct an exercise of the LERO plan, M/ and on December 24, l 1985, the Intervenors filed their Motion seeking a cancellation of that exercise.
i DISCUSSION The Intervenors' Motion is defective for two fundamental reasons.
First, the Motion fails to raise an issue which is properly before the i
l 1
~/
10 LettertoSamuelW. Speck (FEMA)fromWilliamJ.Dircks, dated i November 12, 1985.
l
~/
11 See, _e.1. .' Letter to Chairman Palladino from Peter F. Cohalan, Iiiffolk County Executive, dated November 7,1985; Letter to the j Comissiun from Martin Bradley Ashare, Suffc1k Count Attorney, ;
dated November 12, 1985; Letter to Samuel W. Speck, stociate !
o Director, State and Local Programs and Support (FEMA), dated l November 12,1985; Letter to Samuel W. Speck (FEMA) from Martin !
Lang, Supervisor, Town of Southampton, dated November 12,1985; i and Letter to the Comission from Mario M. Cuomo, Governor, State of New York, dated November 13, 1985. Other instances in which !
the Intervenors have opposed the conduct of such an exercise are i cited in their Motion, at 2 n.2. .
t i
I 1 I
, Commission. As set forth above, the only emergency planning issues that are currently pending before the Commission are those issues related to Contentions 1-10 (the legal authority issues), decided by the Appeal Roard in ALAB 818. Those issues do not comprehend the question of whether the FEMA may conduct an exercise of the LFR0 plan, nor did the Intervennrs' admitted contentinns address the issue of whether
, an emergency planning exercise e,ould or should be conducted. Furthsr, the Intervenors have already requested, on numtrous occasions, that an exercise of the LERO plan not he conducted. The Motion, although it is dressed in the form of a legal pl ading, constitutes only the latest in a long series of requests that the exercise not be conducted. Notwith- ,
standing the form in which it has been filed, however, this most recent !
recuest does not present an issue requiring Commission review any more than did the Intervenors' numerous prior letter requests that the exer-cisc not be conducted.
Secondly, the Commission has already determined that it is inter-ested in havirg FEMA conduct an exercise of the LERO plan. In its June 4, 1985 recommendation that the Staff request that FTPA schedule an exercise of the LEPO plan, the Commission indicated that it saw "no reason why LILCO should not be allowed to exercise those parts of its plan which it may legally exercise." The Conmission further stated that such an exercise could produce meaningful information:
o The Commission does not disagree with the view that an exercise of the LILCO plan could yield meaningful results, even though such an exercise may not satisfy all of the requirements of NRC's regulatfora. It could, as a minimum, identify the impact of the limi-tations of LILCO's plan when executed under the state and county restrictions. Although the Commission is ,
s
. aware that because of the recent court decision a full exercise of the LILCO emergency plan may not be possible, the staff should request that FEMA schedule as full an exercise of the LILCO plan as is feasible and lawful at the present time.
FEMA has agreed that tne Commission might find that an exercise of the LERO plan could provide useful information for use in the licensing proces!.. In FEMA's letter of October 29,1985 FEMA took note of "the
. reluctance of county and State officials to participate in such an exer-cite," and indicated that, in view of the State court decision concerning LILCO'slackoflegalauthority,"[a3nyexercisewithoutparticipation by State and local governments would not allow us sufficient demonstra-tion to reach a finding of reasonable assurance." Nonetheless, FEMA concluded as follows:
However [the lack of participation by State and local governments) does not preclude the corduct of an exer-cise that would provide an indication to the . . . NRC as to utility onsite and offsite emergency capabilities.
We believe such a report would have value in decisions to continue the Ifcensing process or possibly provide a basis on which the NRC could make predictive findings.
Obviously, the value of such an exercise in the licens-ing process is a determination which can only be made by the NRC.
The Intervenors have failed to present sufficient grounds to support their request that the Commission reconsider its earlier determination to conduct an exercise of the LFR0 plan. Both the Commission and FEMA have recognited that an exercise of the Shoreham plan without State and County participation presents certain unique circumstances, and FEPA has indicated that the exercise may not provide sufficient information upon which a reasonable assurance detennination might be reached. However.
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as the Comission determined previously, useful information may nonethe-less be produced by an exercise of the LERO plan. Moreover, the Motion was filed six months af ter the Comission requested that an exercise be conducted. Even if the Motion had raised an issue appropriate for Comission review -- which it does not -- it is grossly out of time and should be rejected. E I CONCLU$!ON For the reasons set forth above, the Staff opposes the Intervenors' Motion and recommends that it be dismissed or denied.
Respectfully submitted,
,,,,,ffb i 5 /
Sherwin C. Turk Deputy Assistant Chief Hearing Counsel Pated at Octhesda, Marylend this 8th day of January, 1986 0
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12/ As the Comission is aware, the Suffolk County legislature recently enacted a local law concerning the conduct of emergency planning exercises in which the functfuns of Suffolk County officials may be simulated. in view of the fact that this development is not addressed in the Intervenors' Motien, the Staff does not here discuss the considerations raised by the Suffolk County law.
UNITED STATES OF AMERICA NllCLEAR REGULATORY COMMISSION PEFORE THE COMMISSION In the Hatter of
. LONG ISLAND LIGHTING COMPANY Docket No. 50-322-OL-3 (EmergencyPlanning)
(ShorehamNuclearPowerStation, Ifnit 1)
CFPTIFICATE Of SFRVICE I hereby certify that copies of "NRC STAFF'S ANSWER TO INTERVENORS'
' MOTION FOR CANCELLATION Of EMERGENCY PLANNING DERCISE'" in the above-captioned proceeding have been served on the following by doposit in the linited States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 8th day of January, 1986.
Morton P. Margulics, Chairman
Administrative Judge Special Counsel to the Governor Atomic Safety and Licensing Board Executive Chamber U.S. Nuclear Regulatory Commission State Capitol Washington. 0.C. 20555 Albery, NY 12224 Dr. Jerry P. Kline* W. Taylor Reveley !!!, Esq.
Administrative Judge Hunton & W1111 ems Atomic Safety and Licensing Board 707 East Main Street U.S. Nuclear Pegulatory Commissier P.O. Box 1535 Washington, D.C. 20555 Richmond, VA 23212 Pr. Frederick J. Shon* Jonathan D. Feinberg, Esq.
Administrative Judge New York State Ocpartment of Atomic Safety and Licensing Board Public Service U.S. Nuclear Regulatory Commission Three Em) ire State Plaza Washington, D.C. 20555 Albany, 1Y 12223 Stephen D. Latham, Eso.
John F. Shea, !!!, Eso. Herbert H. Drown, Esq.
Twomey, Latham A Shea 1awrence Coe Lanpher, Esq.
Attorneys at Law karla J. Letsche, Esq.
P.O. Box 390 Kirkpatrick & Lockhart 33 West Second Street 1900 M Street, N.W.
Riverhead, NY 11901 8th Floor Washington, D.C. 20036
O
,, Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission Attorney Washington, D.C. 20555 Atomic Safety and Licensing Board Panel ;
Atomic Safety and Licensing U.S. Nuclear Regulatory Commission i Appeal Board Panel
, North Shore Committee P.O. Box 231 Docketing and Service Section* Wading River, NY 11792 :
. Office of the Secretary U.S. Nuclear Regulatory Commission Stewart M. Glass, Esq. <
Washington, D.C. 20555 Regional Ccunsel !
Federal Emergency Management '
Spence Perry, Esq. Agency Associate General Counsel 26 Federal Plaza ,
Federal Emergency Management Agency Room 1349 l Room 840 New York, NY 10278 ,
500 C Street, S.W. ;
Washington, D.C. 20472 Robert Abrams, Eso. '
Attorney General of the State
& Cerald C. Crotty, Esq. of New York Ben Wiles Esq. Attn: Peter Bienstock, Esq.
Cour.sel to the Governor Department of Law .
Executive Chamber State of New York !
State Casitol Two World Trade Center !
Albany, 4Y 12224 Room 46-14 ,
New York, NY 10047 Edward M. Barrett Esq. MH8 Technical Associates General Counsel 1723 Hamilton Avenue -
Long Island Lighting Company Suite K 250 Old County Road San Jose, CA 95125 Mineola, NY 11501 Hon. Peter Cohalan Martin Bradley Ashare. Esq.
Suffolk County Executive Suffolk County Attorney County Executive / Legislative 81dg. H. Lee Dennison Building Veteran's Memorial Highway Veteran's Memorial Highway Hauppauge, NY 11788 Hauppauge, NY 11788 D Mr. Martin Suubert c/o Congressman William Carney -
1113 Longworth House Office Building Washington, D.C. 20515
., d -
3- ,
t Mr. Jay Dunkleberger -- - Ms. Nora Bredes New York State Energy Office Shoreham Opponents Coalition Agency Building 2 195 East Main Street Empire State Plaza Smithtown, NY 11787 Albany, New York 12223 i Chris Nolin Mr. Robert Hoffman New York State Assembly Ms. Susan Rosenfeld Energy Committee Ms. Sharlene Sherwin
. 626 Legislative Office Building P.O. Box 1355 Albany, NY 12248 Massapequa, NY 11758
= Brookhaven Town Attorney Sarruel J.- Chilk 475 E. Main Street Office of the Secretary
-Patchogue, NY 11772 t- U.S. Nuclear Pegulatory Commission Washington, DC 20555
.. i Herzel H.E. Plaine Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555 s
t kGtwlq 5 l' Sherwin E. Turk r e 3
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