ML19263E662
| ML19263E662 | |
| Person / Time | |
|---|---|
| Site: | 05000516, 05000517 |
| Issue date: | 05/08/1979 |
| From: | Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7906200588 | |
| Download: ML19263E662 (5) | |
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- nny mtc vtsr F m7f'F dA UNITED STATES OF Af05fAetry to the Appeal Boa NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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LONG ISLAND LIGHTING COMPANY, et al Docket Nos. 50-516 50-517 (Jamesport Nuclear Power Station, y
~2 Units 1 and 2) d-4
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IA N 3 1973 y I' NRC STAFF'S INTERIM RESPONSE 3
TO COUNTY OF SUFFOLK'S MOTION FOR QF caa $*'N LEAVE TO FILE A SUPPLEMENTAL BRIEF AND REQUEST FOR ADDITIONAL TIME b
- ',4 Introduction On May 9,1978, the Atomic Safety and Licensing Board (Licensing Board) i f
designated to preside in this construction permit proceeding issued a I
Partial Initial Decision (PID).
The PID made findings on all required matters except radon releases and health effects.
Subsequently, on December 26, 1978, the Licensing Board issued an Initial Decision (Construction Permit) (ID) which made a final cost-benefit balancing and authorized the Staff to issue construction permits to Applicants.3 The County of Suffolk (County) filed numerous exceptions to both the PID and the ID and filed briefs in support of its exceptions. The NRC Staff (Staff) and Applicants both timely filed briefs in opposition to the County's respective briefs.
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_l] The permits were issued on January 4,1979.
Applicants, h> wever, are unable to commence construction or related activities at the Jamescort site in the absence of a required site certification from the State of New York.
2/ See pages 3-5 of the Staff's Brief dated April 12,1979 for a forther exposition of the procederal posture of this proceeding.
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. The County has now filed the present motion seeking leave to file a supplemental brief in this appeal addressing the asserted impact of the Three Mile Island (TMI) accident on the issues raised in this proceeding.3/
For the reasons set forth below, the Staff neither supports nor opposes the County's motion at this time.
Discussion Pursuant to the Commission's policy requiring the Staff to promptly notify the Commission, Appeal Boards and Licensing Boards of information arguably relevant and material to matters being adjudicated, the Appeal Boa ds and various Boards before which licensing proceedings are pending have been kept informed of information relating to the TMI accident.
l And the Staff is now in the process of evaluating this and other information developed from the accident at Three Mile Island to determine what, if any, relevance this information may have to the present proceeding.
In addition, the Staff is also reviewing the complete record in this proceeding to determine if any of the testimony and documents previously filed herein should be supplemented or modified in light of the information being gained from the TMI experience.
3/ The basis of the County's motion is that:
J The incident at the Three Mile Island (TMI) plant in Pennsylvania has a direct and material impact on virtually every issue litigated in these proceedings, is confirmatory of a vast portion of the County's proposed find.;ngs on those issues and of its legal positions 'dvanced in connection therewith, and requiies the submission of supplemental briefs in which the effect of the accident on tee hearing (County q g }
2 b k record made in this case can 5e addressed.
g Motion at page 1.)
. While the task involved is substantial, it is nonetheless anticipated that the present evaluation can be completed in the relatively near future, and that at that time the Staff will be in a position to provide the Board and the parties with an informed response as to the merits vel non of the pending motion.
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Thus, it is the Staff's view that rather than attempting to formulate a reply to the present motion at this time, the interest of all the parties will be best served by awaiting the completion of the Staff's present avaluation and the submission of the acquired information to this Board and the parties for their consideration. Accordingly, the Staff requests that its time to respond to the County's motion be extended until it has completed its present evaluation. It is presently anticipated that the evaluation will be completed on or before June 8,1979.
Conclusion For the reasons stated above, the Staff requests that its time to respond to the present motion be extended to June 8,1979.
In the event the evaluation is not completed by that date, we will advise the Appeal Board and parties.
Respectfully submitted, M
Bernard M. Bordenick Counsel for NRC Staff Dated at Bethesda, Maryland this 8th day of May,1979.
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UNITED STATES OF AMERICA h
5$5 dh NUCLEAR REGULATORY COMMISSION b
BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD g
y In the fbtter of LONG ISLAND LIGHTING COMPANY Docket Nos. 50-516 50-517 (Jamesport Nuclear Power Station,
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Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S INTERIM RESP JNSE TO COUNTY OF SUFFOLX'S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL BRIEF AND REQUEST FOR ADDITIONAL TIME", dated May 8,1979, in the above-captioned proceeding have been served on the following by deposit in the United Statc.s mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Comission's internal mail system, this 8th day of May,1979:
- Jerome E. Sharfman, Esq., Chairman Dr. E. Leonard Cheatum Atomic Safety and Licensing Appeal Route #3, Box 350A Board Watkinsville, Georgia 30677 U.S. Nuclear Regulatory Comission Washington, D. C.
20555 Edward J. Walsh, Jr., Esq.
Long Island Lighting Company
- Dr. W. Reed Johnson 250 Old County Road Atomic Safety and Licensing Appeal Mineola, New York 11501 Board U.S. Nuclear Regulatory Commission W. Ta" lor Reveley, III, Esq.
Washington, D. C.
20555 Huntor & Williams P. O. Box 153s Richard S. Salzman, Esq.
Richmond, Virginia 23212 Atomic Safety and Licensing Appeal Board Mr. A. E. Kintigh U.S. Nuclear Regulatory Commission Vice President-Generation Washington, D. C.
20555 New York State Electric & Gas Co.
4500 Vestal Parkway East Sheldon J. Wolfe, Esq.
Binghampton, New York 13902 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Environmental Protection and Washington, D. C.
20555 Progress Committee Local 25, I. B. E. W.
Mr.' Ralph S. Decker Box 997 Route 1, Box 1900 41 Pinelawn Road Cambridge, Maryland 21613 Melville, New York 11746 2287 266
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Joel Blau, Esq.
Jeffrey E. Stockholm, Esq.
Frederick H. Lawrence, Esq.
New.Y6rk State'Depf. of Public Service Huber, Magill, Lawrence The Governor Nelson A. Rockefeller and Farrell Empire State' Plaza 99 Park Avenue Albany, New York 12223 New York, New York 10016 Dr. Caryl R. Granttham Ira Lee Zebrak, Esq.
Co-Chairman, Concerned Citizens Huber, Magill, Lawrence
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of Suffolk County and Farrell Box 550 99 Park Avenue Jamesport, New York 11947 New Yotk, New York 10016 Dr. Arthur Tamplin Ms. Jean H. Tiedke e
c/o Natural Resources Defense Box 1103 4
Southold, New York 11971 Council 917 - 15th Street, N.W.
Dr. Harris Fischer Washington, D. C.
20005 Suffolk County Department
- Atomic Safety and Licensing 13 tioto Pr a Hauppauge, New York 11787 U.
c1 r egulatory Commission Washington, D. C.
20555 Irving Like, Esq.
- Atomic Safety and Licensing st fia n Stre t Babylon, New York 11702 U.
c r Regulatory Commission Mrs. Laetitia deK. Bradley Washington, D. C.
20555 144 Quaker Path
- Docketing and Service Section Setauket, New York 11733 Office of the Secretary U.S. Nuclear Regulatory Commission Ms. Shirley L. Bachrach Washington, D. C.
20555 Box 1054 Southold, New York 11971 Jeffrey Cohen, Esq.
Deputy Commissioner and Counsel Ms. Adelaide Flatau New York State Energy Office 30 Dartmouth Road Agency Building e Shoreham, New York 11786 Empire State Plaza Albany, New York 12223 William C. Chapek Box 997 Melville, New York 11746 t
Joseph C. Grarer, Esq.
425 Broadhollow Road g
Melville, New York 11746
-Bernard M. Borderlick Carl G. Dworkin, Esq.
Counsel for NRC Staff Senior Attorney for Energy New York State Department of Environmental Conservation 2287 267 50 Wolf Road Albany, New York 12233
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