ML20069E828

Motion for Leave to File Amicus Curiae Brief Responding to Suffolk County Motion to Terminate OL Proceeding.Motion Raises Important Legal Issues Re Plant Licensing.Decision May Have Significant Impact on Other Plants

ML20069E828
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/18/1983
From:	Leipzig S, Robinson K NEW YORK, STATE OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20069E797	List: ML20069E794 ML20069E813 ML20069E828 ML20069E853
References
ISSUANCES-OL, NUDOCS 8303220200
Download: ML20069E828 (3)

Text

e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board

---

X In the Matter of  :

LONG ISLAND LIGHTING COMPANY  : Docket No.

50-322 (OL)

(Shoreham Nuclear Power Station  :

Unit 1)

__________________________________________x MOTION OF ROBERT ABRAMS, ATTORNEY GENERAL OF THE STATE OF NEW YORK, FOR LEAVE TO FILE A BRIEF AS AMICUS CURIAE Suffolk County has moved the NRC to cease further consideration of the application of the Long Island Lighting Company ("LILCO") for a license to operate the Shoreham Nuclear Power Station ("Shoreham") on the ground that emergency preparedness to respond to a nuclear accident at Shoreham does not and will not exist. Robert Abrams, Attorney General of the State of New York, hereby moves for permission to file a brief amicus curiae in respcnse to Suffolk County's motion. The proposed brief is being filed with this motion.

Suffolk County's motion raises important legal issues concerning the licensing of the Shoreham plant. The ultimate determination of these issues may also have significant implications with respect to other nuclear power N

8303220200 830318 PDR ADOCK 05000322 o PDR

plants in New York State. As the chief legal officer of the State of New York, the Attorney General can provide the Commission with valuable guidance on these issues.

Moreover, the Attorney General has an interest in protecting the public health and welfare of the people of theStateofliehYork.

The Attorney General is currently an active participant in the NRC proceeding which focuses on the safety and emergency preparedness at the Indian Point nuclear power plants. Docket Nos. 50-247, 50-286.

The Attorney General has a significant interest in the resolution of the suffolk Coanty motion, which involves emergency preparedness and ther efore will have an impact on the health and welfare of those situated within the general vicinity of the Shoreham plant. In addition, the consequences of any decision may very well extend to all persons situated withir. the vicinity of other nuclear power plants in the State.

Further, the Attorney General is an active participant in the New York State Public Service Commission proceedings concerning Shoreham. One will determine the ultimate cost to ratepayers of the Shoreham plant and the second will develop a plan to charge LILCO ratepayers for _

the cost of the plant. NRC determinations in this proceeding will have a major impact upon the outcone of those two proceedings.  !

Appearing on behalf r* Robert Abrams on this matter are Assistant Attorneys General Marcia Cleveland, 4

e

Peter Bienstock, Ezra I. Bialik, Steven D. Leipzig and Kenneth L. Robinson, all admitted to practice in the courts of the State of New York. Jerrold Oppenheim, also appearing on behalf of the Attorney General, is admitted to practice in Illinois.

On March 11, 1983, Steven D. Leipzig spoke by telephone to counsel for the NRC, Bernard Bordenick, and counsel for Suffolk County, Lawrence Lanpher, and both consented to this motion.

For the reasons stated above, Robert Abrams, Attorney General of the State of New York, should be permitted to file an amicus brief.

Dated: New York, New York March 18, 1983 Respectfully submitted, ROBERT ABRAMS Attorney General of the State of New York Two World Trade Center New York, New York 10047 Tel. No. 212-488-7562, 7553 By j/ g ,/ ,

.Jf fl V /a'1/ %~- b ,i ,7 STEVEN D. LEIPtlG '

Assistant Attorney General

, hr^

KENNETH L. ROBINSON "

Assistant Attorney General

.