Suffolk County,State of Ny & Town of Southampton Motion for Appointment of Board W/Jurisdiction to Hear Exercise Issues.* Appeal Board Should Order Designation of Licensing Board to Hear Issues.Certificate of Svc EnclML20154E680 |
Person / Time |
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Site: |
Shoreham File:Long Island Lighting Company icon.png |
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Issue date: |
09/13/1988 |
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From: |
Latham S, Mcmurray C, Zahnleuter R KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY, TWOMEY, LATHAM & SHEA |
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To: |
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
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Shared Package |
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ML20154E657 |
List: |
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References |
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OL-5, NUDOCS 8809190094 |
Download: ML20154E680 (16) |
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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
[Table view] |
Text
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a 00CMETED U - *g r UNITED STATES OF AMERICA 'E3 SEP 15 fil :38 NUCLEAR REGULATORY COMMISSION Hofore the Atomic Safety and Licensino Acocal Board
)
In the Matter of )
)
I4NG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-5
) (EP Exercise)
(shoreham Nuclear Power Station, )
Unit 1) )
)
SUFFOLK COUNTY, STATE OF NEW YORK AND TOWN OF SOUTHAMPTON MOTION FOR APPOINTMENT OF LICENSING BOARD WITH JURISDICTION TO HEAR EXERCISE ISSUES INTRODUCTION This Board currently has before it certain issues related to an exercise, held in February, 1986, of LILCO's of fsite radiological emergency plan for the Shoreham nuclear power plant.
Those issues were heard by a Licensing Board (the 'OL-5 Licensing Board") established for the express purpose of considering exercise-related matters. The creation of that Licensing Board had the effect of divesting the previously-existing Shoreham emergency planning Licensing Board (the 'AL-3 Licensing Board')
of jurisdiction over exercise-related matters.
Due to LILCO's deficient performance and the passage of time, LILCO was required to hold another exercise which took place in June of this year. FEMA released its evaluation of the Gjhho e!
G
I June 1988 exercise on September 8, 1988. On the following day, the NRC Staff filed a notion with the OL-3 Licensing Board to '
establish a schedule for hearing issues related to the June 1988 !
exercise.1/ The OL-3 Board, however, has no jurisdiction over exercise matters and thus cannot take action on the staff Motion, except to decline jurisdiction.
i [
This Board now has jurisdiction over exercise-related 4
o matters by virtue of the appeals from the rulings of the OL-5 l Licensing Board now before it. Accordingly, Suffolk County, the State of New York and the Town of Southampton (the ' Governments")
i hereby move this Board to direct the Chairman of the Atomic '
a safety ar ' censing Board Panel to conve,1e a Licensing Board j with jurisdiction to hear istues related to LILCO's latest exercise. Preferably, the new Licensing Boeed should consist of the members of the previous OL-5 Licensing Board, as many of the j issues likely to arise in any hearings on LILCo's latest exercise i
may be similar to or relate to incues that Board has already I heard, rurther, the prior OL-5 Licensing Board is in the best i
i position to determine whether the deficiencies it found in LILCO's earlier exercise have now been corrected.
I i
I i
1/ NRC Staff Motion For Schedule For Litigation of The June t 1988 Exercise (Sept. 9, 1988) ("Staff Motion *). A copy of the i Staff Motion is attached hereto.
2 l
l
BACKGROUND Before an applicant can receive a license to operate above five percent of rated power, it must demonstrate the adequacy of its emergency planning through a full participation exercisc -t its emergency plan. 10 CFR 5 50.47 (b) (14) and Part 50, App. E, 5 IV.F.1. LILCO's first attempt to meet this requirement was its February 1986 exercise.
Following that exercise, L1'LCo moved the Commission to appoint a Licensing Board to hear irsues arising from the exercise.2/ The Commission granted LILCO's motion and, recognizing that a shoreham emergency planning Licensing Board already existed, directed the Chairman of the Atomic Safety and Licensing Board Panel to reappoint the members of that Board, if available. CLI-86-11, 23 NRC 577, 582 (1986). In accordance with those in,tructions, the chairman of the ASLB Panel, Judge Cotter, designated the members of the already-existing OL-3 Licensing Board to hear the exercise issues. Egg Establishment of Atomic Safety and Licensing Board (June 10, 1986).
However, after preliminary proceedings before tho OL-3 i Licensing Board, Judge Cotter created a separate Licensing I
l l
2/ Long /aland Lighting Company's Motion for Establishment of Licensing Board and Institution of Expedited Procedures for Litigation of Shoreham Emergency Planning Exercise Issues, And Response to Intervenor's March 7, 1986 "Motion Concerning Proceedings Relating to the Shoreham Exercise" (March 13, 1986).
t, - __ _ __ ,. -
Boardl/ to hear exercise-related matters, which now had their own docket -- the OL-5 docket.d/ Egg Notice of Reconstitution of Board (oct. 7, 1986).
The plain effect and intent of the creation of the exercise Licensing Board was to divest the OL-3 Licensing Board of jurisdiction over exercise-related matters. Indeed, a clarification issued by Judge Cotter on october 17, 1986 mada that abundantly clear. As described by Judge Cotter, the OL-5 Board had jurisdiction over emergency planning exercise matters then existing under the OL-5 docket. The OL-3 Licensing Board retained jurisdiction over the remaining emergency planning issues including "issues remanded by the Commission in CLI-86-13
. and by the Atomic Safety and Licensing Appeal Board in ALAB-832 . . . . " Egg Notice of Reconstitution of Board:
Clarification (October 17, 1986).
A subsequent Memorandum and order issued by Judge Cotter on November 7, 1986 provided further detail regarding the OL-3 r Licensing Board's remaining jurisdiction:
' The (October 17, 1986) Clarification noted that the "5" docket concerned the emergency planning exercise proceeding instituted by tha Commission on June 6, 1986
. . . while the "3" docket concerned all other issues, namely: (1) the adequacy of the entire emergency plan i
(
remanded by the Commission; (2) issues remanded by the Appeal Board; and (3) new motions to reopen the record on several other issues. The Clarification also noted i
that the two judges replaced in the "5" docket continue to serve on the larger body of issues under the "3" l 2/ One of the members of the new OL-5 Licensing Board was also a member of the OL-3 Licensing Board.
A/ Egg Change of Docket Number (July 24, 1986) (Judge Cotter) .
1 i _ _ _ _
docket number and that one judge would serve on both dockets.
Memorandum and Order, LBP-86-37A, 24 NRC 726, 727 (1986)
(emphasis in original).
The OL-5 Licensing Board conducted hearings on the exercise issues from early March through mid-June 1987 and issued opinions on December 7, 1987 and February 1, 1988, finding in favor of the Governments on several issues. LILCO subsequently appealed the OL-5 Licencing Board's rulings to this Board. With those appeals, jurisdiction over exercise issues passed to this Board.
Egg PhiladelDhia Electric Co. (Limerick Generating Station, Units 1 and 2), CLI-86-18, 24 NRC 501 (1986); 10 CFR 5 2.717 (a) .
In light of the negative findings by the OL-5 Licensing Board and the need to have an adequate full participation exercise within two years of receiving a license to operate above five percent of rated power, LILCO held a new exercise on June 7-9 of this year. FEMA evaluated the exercise and released a report on September 8. One day later, the NRC Staff filed its Motion with the OL-3 Licensing Board to set a schedule for hearing all matters related to the June 1988 exercise.
The OL-3 Licensing Board, however, has no iurisdiction over exercise matters, which are the subject of the OL-5 docket. The OL-5 Licensing Board had jurisdiction over those matters. That jurisdiction has now passed to this Board as a result of LILCO's appeals of the OL-5 Licensing Board's rulings.E/ Thus, the NRC 5/ The OL-5 Licensing Board did not retain jurisdiction to (continued...)
1 I
Staff directed its motion to the wrong Board, as the OL-3 Licensing Board is without power to consider exercise matters.
The Governments have no quarrel with the NRC Staff that litigation of the results of the June 1988 exercise is warranted.
At this time, however, no Licensing Board exi.ts with jurisdiction over those issues. Therefore, the Governments hereby move this Board to order the Chief Judge of the ASLB Panel to appoint an appropriate Licensing Board to hear the issues arising from LILCO's latest exercise.
For reasons set forth in greater detail below, it is the Governments' view that the most appropriate Licensing Board to hear the June 1988 exercise issues is one consisting of the members of the previous OL-5 Licensing Board.5/
DISCUSSION A.
The OL-3 Licensino Board Has No Jurisdiction Over Exercise Issues.
Licensing Boards do not have plenary subject matter jurisdiction in NRC proceedings. Rather, Licensing Boards have jurisdiction over only those natters committed to them pursuant to appropriate NRC procedures. ERA Duke Power comoany (Catawba 1/ ( . . . continued) determine in the future whether LILCO has corrected the deficiencies which the Board found, but noted it was best suited to hear those issues. Egg Memorandum and Order (concerning Retention of Jurisdiction) (March 9, 1988).
5/
The i.e., Governments will address the merits of the Staff M? tion the proposed schedule -- in a separate filing after the Motion has jurisdiction.
been filed with a Licensing Board with appropriate
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Nuclear Station), ALAB-825, 22 NRC 785, 790 (1985) ; Consolidated Edison Connany of New York (Indian Point, Unit 2) , LBP-82-23, 15 NRC 647, 649 (1982). The OL-3 Licensing Board originally had jurisdiction over exercise issues pursuant to CLI-86-ll and Judge Cotter's initial designation of that Licensing Board to hear those issues. That Board's jurisdiction was narrowed, however, when Judge Cotter removed the exercise issues from it and placed that jurisdiction in the hands of a separate and distinct OL-5 Licensing Board.
In light of this transfer of jurisdiction, the OL-3 Licensing Board has lost its authority to hear exercise issues unless and until that authority is reconferred through proper NRC procedures. This Board now has jurisdiction over the exercise issues and would appear in view of that jurisdiction also to have the power to order that a Licensing Board be designated to hear issues relating to LILCO's latest exercise.2/ Such a Board must be convened before there can be any further proceedings on exercise matters, including consideration of the merits of the Staff's September 9 Motion.
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The.0L-5 Licensino Board is Better Suited to Hear the Exercise Issues Than the OL-3 Licensina Board Assuming that this Board takes action to have an exercise Licensing Board appointed, the Governments suggest that the prior
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l 2/ Egg 10 CFR 5 2.785. If the Appeal Board determines it does not have such authority, the Governments move this Board to refer l the matter of convening a new exercise Licensing Board to the i
Commission.
OL-5 Licensing Board would be best suited to hear those issues.
The OL-5 Licensing Board is most familiar with the legal and factual issues surrounding the Shoreham exercise litigation to date, having dealt with those issues in detail during the course of extensive litigation in 1986-87. Many of those same issues are likely to resurface in any proceeding on the June 1988 exercise, and would be recognized and handled most expeditiously by the OL-5 Licensing Board.
Furthermore, the OL-5 Licensing Board has issued two opinions finding deficiencies in LILCO's 1986 exercise. That Board is thus in the best position to determine whether those deficiencies have been corrected.E/
The OL-3 Licensing Board, on the other hand, is not well-suited to hear the exercise issues. Obviously, the OL-3 Licensing Board does not have the familiarity with the exercise issues that the OL-5 Board has. In addition, the OL-3 Licensing Board already has several matters before it, including disposition of the "realism" issues, disposition of matters relating to discovery matters, a decision on the remanded school evacuation and hospital evacuation issues, and motions for summary disposition on emergency broadcast system ("EBS") matters (with a hearing on the EBS issues if LILCO's motion for sumaary disposition is denied). If the history of the last year is any indication, these issues are more than enough for the OL-3 A/
Board.Indeed, LILCO has argund as much before the OL-5 Licensing Egg LILCO's Views on Continuing Board Jurisdiction (Feb. 17, 1988) at 3.
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Licensing Board to handle. Indeed, during the last year, the OL-3 Licensing Board has often lagged in issuing detailed opinions. The several-month delay in the issuance of the reception center opinion, finally issued on May 9 of this year --
over nine months after the close of the ll-day hearing -- is only one such example. Thus, if nothing else, efficiency dictates that another Board handle any further exercise matters.
For the reasons stated above, the OL-5 Licensing Board would be the best suited for this task.
CONCLUSION For the foregoing reasons, the Appeal Board should order the designation of a Licensing Board to hear issues related to LILCO's latest exercise. That Board should consist of the members of the previous OL-5 Licensing Board if they are available.
Respectfully submitted, E. Thomas Boyle Suffolk County Attorney l
Building 158 North County Complex
' Veterans Memorial Highway
!!auppauge, New York 11788 i
Lawrenc C. Lanpher )
Christopher M. McMurray Kil* PATRICK & LOCKHART /
1800 M Street, N.W.
South Lobby - 9th Floor Washington e D.C. 20036-5891
?,ttorneys for Suffolk County Fabian G. Pal < inof /
Richard J. Za: nieAer Special Counsel to the Governor of the State of New York Executive Chamber, Room 229 Capitol Building Albany, New York 12224 Attorneys for Mario M. Cuomo, Governor of the State of New York A/ A St'epher/B. Latfian /
Twomey, Latham & Shea P.O. Box 398 33 West Second Street September 13, 1988 Riverhead, New York 11901 Attorney for the Town of Southampton l
- ATTACHMENT 09/09/88 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Hatter of LONG ISLAND LIGHTING COMPANY Docket No. 50-322-OL-3 (Emergency Planning)
(Shoreham Nuclear Power Station, Unit 1)
NRC STAFF MOTION 70R SCHEDULE FOR LITIGATION OF THE JUNE 1986 EXERCISE Pursuant to 10 C.F.R. 5 2.730, the NRC Staff hereby requests that the Board adopt the NRC Staff's proposed schedule for litigation of the results of the June 7-9, 1988 emergency planning exercise for Shoreham.
As grounds for the motion, the Staff states the following:
- 1. A full scale exercise of the LILCO Local Off-Site Radiological I
Emergency Response Plan for Shoreham was conducted on June 7-9, 1988. On i
September 9, 1988, FEMA, Region II issued a Post-Exercise Assessment, dated September 2,1988, and provided copies to Intervenors. On the same i day, FEMA also sent a letter from Grant C. Peterson to Victor Stello that indicated (at 2) that "FEMA has reached a finding of reasonable assurance."
- 2. In accordance with CLI-86-11, 23 NRC 577, 581 (1986),
intervenors may only litigate exercise results which they al'lege reveal fundamental flaws in an emergency plan. In addition, intervenors are l
obliged to examire publicly available information which could serve as a '
, foundation fgr a specific contention. Further, where a contention is j wholly dependent upon the content of a particular document, to tender the i
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contention with the requisite degree of promptness once the document is publicly available. Duke Power Co. (Catawba Nuclear Station. Units 1 and 2), ALAB-687, 16 NRC 460, 468-69 (1982), rev'd in part, CLI-83-19, 17 NRC 1041 (1983).
- 3. In view of the FEMA finding of reasonable assurance, the absence of any deficiencies in the FEMA report and the extensive background and interchange of information in this case relating to all aspects of emergency preparedness, the Sta ff requests the Board to establish a schedule which will expedite the resolution of this matter and bring the proceeding to a long awaited end.
Accordingly, the Staff requests that the Board establish the following schedule for any new contentions based on the FEMA exercise report:
NRC STAFF PROPOSED SCHEOULE October 13, 1988 Oeadline for contentions on June Exercise October 28 and LILCO and Staff responses to contentions November 2, 1988
, November 15, 1988 Prehearing Conference November 29, 1988 Ruling on Admission of Contentions; Discovery begins on admitted contentions, if any December 23, 1988 Discovery ends l January 6, 1989 Motions for sumary disposition I
i January 26, 1989 Responses to sumary disposition motions
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. February 7, 1989 Testimony filed Ruling on Motions for Sumary Disposition February 27, 1989 Evidentiary hearing comences, if needed Respectfully submitted.
.;{ p[.
Miti iA oung Courbel for NRC Staff Dated at Rockville, Maryland this 9th day of September,1988
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DX e i. iil UMr Seotember 13,138B w af a ful :38 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION p pq .
DOCr,ti M 4 9
- W 1 Before the Atomic Safety and Licensinc Acceal BoardAhe
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In the Matter of )
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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-5 (Shoreham Nuclear Power Station,
) (EP Exercise)
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Unit 1) )
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CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY, STATE OF NEW YORK, AND THE TOWN OF SOUTHAMPTON MOTION FOR APPOINTMENT OF LICENSING BOARD WITH JURISDICTION TO HEAR ISSUES have been served on the following this 13th day of September, 1988 by U.S. mail, first class.
Christine N. Kohl, Chairman
Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory Commission 115 Falcon Drive, Colhurst Washington, D.C. 20555 Charlottesville, VA 22901 Alan S. Rosenthal
- John H. Frye, III, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Oscar H. Paris Mr. Frederick J. Shon Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Atomic Safety and Licensing William R. Cumming, Esq. **
Board Panel George W. Watson, Esq.
U.S. Nuclear Regulatory Commission Office of General Counse' Washington, D.C. 20555 Federal Emergency Managemes.c Agency 500 C Street, S.W., Room 840 Washington, D.C. 20472 i
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e Fabian G. Palomino, Esq. **
W. Taylor Reveley, III, Esq. **
Richard J. Zahnleuter, Esq. Hunton & Williams Special Counsel to the Governor P.O. Box 1535 Executive Chamber, Room 229 707 East Main Street State Capitol Richmond, Virginia 23212
'.lbany, New York 12224 Anthony F. Earley, Jr., Esq. Edwin ' Reis, Esq. **
General Counsel George .. Johnson, Esq.
Long Island Lighting Company U.S. Nuclear Regulatory Comm.
175 East Old Country Road Hicksville, New York 11801 Office of General Counsel Washington, D.C. 20555 E. Thomas Boyle, Esq. Ms. Elisabeth Taibbi, Clerk Suffolk County Attorney Suffolk County Legislature Bldg. 158 North County Complex Suffolk County Legislature Veterans Memorial Highway Office Building Hauppauge, New York 11788 Veterans Memorial Highway Hauppauge, New York 11788 Stephen B. Latham, Esq. David A. Brownlee, Esq.
Twomey, Latham & Shea Kirkpatrick & Lockhart 33 West Second Street 1500 Oliver Building Riverhead, New York 11901 Pittsburgh, Pennsylvania 15222 Ms. Nora Bredes Docketing and Service Section Executive Director Office of the Secretary Shoreham Opponents Coalition U.S. Nuclear Regulatory Comm.
195 East Main Street 1717 H Street, N.W.
Smithtown, New York 11787 Washington, D.C. 20555 Hon. Patrick G. Halpin MHB Technical Associates Suffolk County Executive 1723 Hamilton Avenue H. Lee Dennison Building Suite K Veterans Memorial Highway San Jose, California 95125 Hauppauge, New York 11788 Joel Blau, Esq. Alfred L. Nardelli, Esq.
Director, Utility Intervention New York State Department of Law N.Y. Consumer Protection Board 120 Broadway, 3rd Floor Suite 1020 Room 3-118 Albany, New York 12210 New York, New York 10271 i
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F. . .
Mr. Jay Dunkleburger Mr. Stuart Diamond New York State Energy Office Business / Financial Agency Building 2 NEW YORK TIMES Empire State Plaza 229 W. 43rd Street Albany, New York 12223 New York, New York 10036
'l Christopher M. McMurray /
KIRKPATRICK & LOCKHART 1800 M Street, N.W. [
South Lobby - 9th Floor Washington, D.C. 20036-5891
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