ML20011A707
| ML20011A707 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 10/21/1981 |
| From: | Dempsey P SUFFOLK COUNTY, NY |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8110290312 | |
| Download: ML20011A707 (5) | |
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Oc'ober 21, 1981 D0CKETED t
USNRC UNITED STATES OF AMERICA
'.8{ E 26 P107 WCLEAR REGULATORY COMMISSION -
In the matter of F
E RETg LONG JSLAND LIGHTING COMPANY
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y BRANCH,
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). Docket No. 50-322 (Shoreham Nuclear Power Station,
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. Unit 1)
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SUFFOLK COUNTY'S RESPONSE TO THE APPLICANT'S MOTION THAT A G
SCHEDULE BE SET 3
g Since April of this year, the County and the Applicant have been engaged in negotiations regarding the possible settlement of the County's intervention in the 0.L. proceedings.
Since the end of May, the County's negotiating-team has included members of the Executive and Legislative Brat hes of the County, al.ong with the County Attorney and the County's technical consultants.
Pursuant to a Suffolk County Resolution passed in June of this year, it was mandated that approval by the Suffolk County Legislature would be needed before the County could enter into any final settlement agreement.
At a meeting in June of 1981, the representatives of the Applicant and the County agreed upon a' final version of the proposed Sixth Stipulation.
It'was understood between the representatives at that meeting that upon receipt of a letter from LILCO's Chairman of the Board, indicating his approval of the proposed Sixth Stipulation, a resolution would be introduced into the County Legislature, calling for legislative approval of the Sixth Stipulation.
On October'13, 1981, a letter was sent from Charles R. Pierce, Chairman and Chief Executive Officer of the Applicant, to Peter F. Cohalan, Suffolk County Executive, indicating that he was prepared to recommend to the Board of Directors of.the Company that the Board authorize execution of the Sixth Stipulation by the~ appropriate representatives o!oo PDR
W a-s of-the. Company once'it has finally been approved by Mr. Cohalan and the County Legis'ature, and e'xecuted in behalf of the County.
l At this point, a resolution requesting legislative approval will be intro-duced to the Suffolk County Legislature at its next legislative session.
After legislative deliberation, passage of such a resolution could occur as early as~ November 10, 1981.
Should the County Legislature authorize;the County Executive to sign the Sixth Stipulation, then the agreement would be offered to the Applicant's Board of Directors for its approval.
It is at this time that the Sixth Stipulation could be offered to the Board for its review.
It would also be expected at this point that other parties to the proceedings would have the opportunity to comment on the Sixth Stipulation.
Thus, it is premature for the County to propose a realistic hearing schedule until such time as the Board has had an opportunity to revit-and approve the Sixth Stipulation and Settlement Agreement between the Applicant and the County. As soon as the County has received some positive indication of which direction it will be heade?
i.e.,
settlement or full litigation, it will advise the Board.
During the meantime, the County will continue any informal discussions and discovery in an effort to maximize agreement or particularize its remaining contentions.
As the Board is well aware, the SER Supplement No. 1 contained nineteen "open" items. Until these items are considered " resolved" by the NRC. Staff, it would be premature for the Board to set a hearing schedule. At the very least, a schedule for the resolution of these open items should be offered to the Board prf : to the Board's establishing a hearing schedule.
r-Consider
.g the long delay between issuance of the SER (April,1981), anA the Supplement No. 1. (September,-1981), it would appear to.be unrealistic to assume that the next supplement will be forthcoming in the near future.- Further-more, there is no guarantee that there will be only one further supplement, con-sidering the large number of remaining open items after Supplement No. 1.
- Thus, the County. feels that the date of the issuance of SER Supplement No. I does not represent' the 'date from which the three-hundred day timetable should begin to run.
Respectfully submitted, DAVID J. GILMARTIN Suffolk County Attorney By:
CD 06 MS<ffa /
PATRICIA A. DDiPSEY
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Assistant County Attorney David J. Gilmartin Suffolk County Attorney H. Lee Dennison Building
-Veterans Memorial Highway Hauppauge, New York 11788 DATED:
October 21, 1981 i
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DOCKETED USHRC In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1) 9 UT26l'iHYi Docket No. 50-322 gj\\43 0FFICE OF SECRETARY 00CKETING & SERVICE CERTIFICATE OF SERVICE BRANCH I hereby certify that copies of Suffolk County's Response to the Applicant's Motion That a Hearing Schedule Be Set were served upon the following by first-class mail, postage prepaid, on October 21, 1981:
Louis J. Carter, Esq.
Jeffrey C. Cohen, Esq.
Administrative Judge New York State Energy Office 23 Wiltshire Road Swan Street Building, Core 1-Philadelphia, Pennsylvania 19153 Empire State Plaza Albany, New York.12223-Dr. Oscar H. Paris Administrative Judge Mr. Jay Dunkleberger Atomic Safety and Licensing New York State Energy Office Board Panel Agency Building 2 U.S. Nuclear Regulatory Commission Empire State Plaza Washingtva, D.C. 20555 Albany, New York 11801 1Ir. Frederick J. Shon Howard L. Blau, Esq.
Administrative Judge 217 Neabridge Road Atomic Safe'_; ?nd Licensing Hicksville, New York 11801 Board Panel-U.S. Nuclear Regulatory Commission Ralph On.'piro, Esq.
Washington, D.C. 20555 Cammer and Shapiro, P.C.
9 East,0th Street Secretary of the Commission New York, New York 10016 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Marc W. Goldsmith Energy Research Group, Inc.
Atomic Safety and Licensing 400-1 Totten Pond Road Appeal Board Panel Waltham, Massachusetts 02154 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel U.S. Nuclear 2gulatory Commission Washington, D.C. 20555 Bernard M. Bordenick, Esq.
U.S. Nuclear' Regulatory Commission Washington, D.C. 20555
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-e a-PAGE 2 MHB T'chnical Associates Stephen B. Latham, Esq.-
e Twomey, Latham & Schmitt 1723 Hamilton Avenue 33 West Second Street Suite K P. O. Box 398 San Jose, California 95i25 Riverhead, New York 11901 W. Taylor Reveley, III Hunton & Williams 707 Edst Main Street P. O. Box 1535 Richmond, Virginia 23212 O h b$da_
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Patricia A. bempsey.
y Assistant County Attorney H. Lee Dennison Building Veterans Memorial Highway Hauppauge, New York 11788 Dated:
October 21, 1981
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