ML20062C250

Establishment of Aslb.* Board Will Preside Over Proceeding Re Actions Taken by NRC & Long Island Lighting Co Re Shoreham Nuclear Power Station Unit 1,per Commission 901017 Memo.Served on 901022.W/Certificate of Svc

ML20062C250
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	10/18/1990
From:	Cotter B Atomic Safety and Licensing Board Panel
To:
References
CON-#490-10945 91-621-01-OLA, 91-621-1-OLA, CLI-90-08, CLI-90-8, OLA, NUDOCS 9010300212
Download: ML20062C250 (5)

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V)NHC UNITED STATES OF AMERICA  !

NUCLEAR REGULATORY COMMISSION .90 DCI 1 LONG ISLAND LIGHTING COMPANY f

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(,Ar U .uu 3 Wif.f Docket No. 50-322-OLA ;4 NL "

ASLBP No. 91-621-01-OLA ..

g 2 2 1900 ESTABLISHMENT OF ATOMIC SAFETY AND LICENSING BOARD Pursuant to delegation by the Commission dated December 29, 1972, published in the Federal Reaister, 37 l

'F.R.

28710 (1972), and Sections 2.105, 2.700, 2.702, 2.714, 2.714a, 2.717 and 2.721 of the Commission's Regulations, all as amended, an Atomic Safety and Licensing Board is being established to preside over the following proceeding.

LONG ISLAND LIGHTING COMPANY >

Sboreham Nuclear Power Station, Unit'l Facility operating License No. HPF-82 t

This Atomic Safety and Licensing Board is being designated pursuant to the provisions of a Memorandum-and Order issued by the Commission on October 17, 1990 with respect to six petitions to intervene and requests for hearings related to various actions taken by the NRC Staff  ;

and the Long Island Lighting Company (LILCO) concerning the .

9010300212 901010 PDR ADOCK 05000322 0 PDR yySD y

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Shoreham Nuclear Power Station.1 CLI-90-08, 32 NRC (1990). In its Memorandum and Order the Commission l determined that the National Environmental Policy Act and i the Atomic Energy Act of 1954, as amended, do not require the NRC to consider " resumed operation" as an alternative to l decommissioning. The Commission forwarded the six petitions to the Atomic Safety and Licensing Board with directions to

" review and resolve all other aspects of these hearing requests in a manner consistent with this opinion."

' On April 18, 1990, each of two organizations, the Scientists and Engineers for Secure Energy ("SE2") and the Shoreham-Wading Central School District ("Shoreham-Wading"),

filed a " Petition to Intervene and Request for Hearing" in l

response to the NRC's March 29, 1990 Confirmatory Order ,

l which prohibited LILCO from placing any nuclear fuel in the Shoreham 55 Fed. Reg.reactor vessel without prior approval from the NRC. >

12758 (April 5, 1990).

On April 20, 1990, SE2 and Shoreham-Wading each filed a " Petition to Intervene and Request for Hearing" in response to a notice the Staff had previously published announcing that LILCO had requested an amendment to the Shoreham security operating plan for thelicense plant. allowing changes in the physical

( (March 21, 1990). 55 Fed. Reg. 10528, 10540 The Notice contained the Staff's proposed finding that the amendment "did not involve-a significant l hazards consideration."

subsequently, the Staff published another Federal i

Register Notice announcing 1 LILCO's request for an l

amendment to its license rem (ov)ing certain license conditions l-regarding the Staff'soffsite pro emergency preparedness activities, and (2)

Consideration." posed finding of "No Significant Hazards 55 Fed. Reg. 12076 (March 30, 1990). On April 30, 1990, SE2 and Shoreham-Wading each filed a

" Petition this proposedto Intervene amendment. and Request for Hearing" regarding Both the Staff and LILCO have responded to all three stas of petitions, i L

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The Board is comprised of the following administrative judges:

Morton B. Margulies, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l George A. Ferguson 5307 Al Jones Drive  !

Columbia Beach, MD 20764 Jerry R. Kilne Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555  :

l All correspondence, documents and other materials shall '

be filed with the judges in accordance with 10 C.F.R. S 2.701.

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B.'PaQ1 Cotter Chief Administr/ative Jr., Judge 1 1

Atomic Safety and Licensing Board Panel Issued at Bethesda, Maryland, l

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this 18th day of october 1990.

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UNITED STATES OF AMERICA

, NUCLEAR RESULATORY COMMISS GN In the Matter of i I

LONG ISLAND LIGHTING COMPANY l Docket No.(s) 50-322-OLA L I (Shoreham Nuclear Power Station) I i

1 CERTIFICATE OF BERVICE ,

t I hereby certify that copies of the foregoino LB ESTABLISHMENT DTD 10/1B/90' have been served upon the followino persons by U.S. sail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712. 1 Atomic Safety and Licensino Appeal Administrative Judoe Boaro Morton B. Maroulies. Chairman U.S. Nuclear Reculatory Commission Atomic Safety and Licensing Board Washinoton DC 20:55 U.S. Nuclear Regulatory Cotetssion Washinoton. DC 20555 Administrative Juoce Administrative Judae l Jerry R. Kline George A. Ferguson Atomic Safety and Licensing Board ASLBP U.S. Nuclear Reculatory Commission 5307 Al Jones Drive Washington, DC 20535 Columbia Beach. MD 20764 ,

Sherwin E. Turk. Esc. Donald P. trwin. Esc.

Office of the General Counsel Hunton b Williams U.S. Nuclear Raoulatory Commission P.O. Box 1535 Washington, DC 20555 Richmond VA 23212 James P. McGranary Jr.. Esc. Michael R. Deland. Chairman '

Dow. Lohnes & Albertson Council on Environmental Quality 1255 23rd St., N.W., Suite 500 Executive Office of the President Washington. DC 20037 Washington DC 20500 Stephen A. Wakefield Carl R. Schneker, Jr.. Esc.

General Counsel Counsel. L. 1. Power Autherly l Department of Energy O'Melveny & Myers Washington. DC 20585 555 13th Street. N.W.

Washington DC 20004 I

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' 0: Docket No.(e)S0-322-OLA LD ESTABLISHMENT DTD 10/18/90 Dated at Rockville. Md. this .

22 day of October 1990 Office of the retary of the Coseletion 4

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