ML20024A027
| ML20024A027 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/10/1983 |
| From: | Laurenson J Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| 83-488-03-OL, 83-488-3-OL, ISSUANCES-OL, ISSUANCES-OL-3, NUDOCS 8306150300 | |
| Download: ML20024A027 (3) | |
Text
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KETED 00t,a r t
UNITED STATES OF AMERICA
'O NUCLEAR REGULATORY COMMISSION Before Administrative Judges James A. Laurenson, Chairman Dr. Jerry R. K1ine SERVED 'JUN 131983 Dr. M. Stanley Livingston
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In the Matter of Docket No. 50'322-OL-3 LONG ISLAND LIGHTING COMPANY
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ASLBP No. 83-488-03-0L (Shoreham Nuclear Power Station, Unit 1)
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June 10, 1983
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ORDER LIMITING SCOPE OF SUBMISSIONS On April 20, 1983, a " Memorandum and Order Denying Suffolk County's Motion to Terminate the Shoreham Operating License Proceeding" LBP-83-22, 17 NRC
, was issued by the Atomic Safety and Licensing Board. Therein, that Board ruled that the Applicant, Long Island Lighting Company (LILCO), should be allowed the opportunity to prove that, notwithstanding Suffolk County's refusal to participate in preparation or implementation of any radiological emergency plan for that County, adequate protective measures could and would be taken in the event of an emergency at LILC0's Shoreham Nuclear Power Station.
By an " Order Confirming Adjustment in Schedule to File Contentions," May 5, 1983 (unpublished), that Board revised the submissions schedule imposed upon the parties by that Board's previous ruling. On May 11, this Board 8306150300 830610
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2 was established to preside over the emergency planning portion of this proceeding.
The Commission on May 12, 1983 affirmed the Board's denial of Suffolk County's Motion to Terminate this Proceeding.
Long Island Lighting Company (Shoreham Nuclear Power Station, Unit 1), CLI-83-13,17 NRC (May 12, 1983).
On May 26, 1983, LILC0 filed its emergency plan consisting of a series of five alternatives.
Under four of those alternatives, offsite emergency procedures would be implemented by LILC0 personnel with the participation of a different governmental entity:
Suffolk County, State of New York, FEMA, or NRC.
To date, LILC0 has not established that any of these four governmental entities has indicated that it will assume the responsibilities assigned to it pursuant to the LILC0 alternative plan that bears its name. LILC0's fifth alternative plan, "The LILC0 Transition Plan," would rely wholly upon the services of LILC0 personnel for the performance of emergency functions.
Intervenors complain, inter alia, that it would be a waste of resources to spend effort to evaluate all five alternatives and to draft contentions as to each when there appears to be no likelihood that the governmental entities designated in the plan would consent to implement any such plan.
We also note that we are today denying Suffolk County's request for an eight week extension of time to submit draft contentions.
The Board is also concurrently issuing a notice of a prehearing conference in this matter to be heard on July 13, 1983; at that time we will hear all relevant matters raised by the parties and, thereafter, we will rule or, the admissibility of emergency planning contentions.
3 The Board has considered the reasons advanced by LII.C0 for filing its plan with five alternatives and the objections by Intervenors to such a procedure.
If Intervenors were required to submit contentions as to all five alternatives, this proceeding would suffer a significant delay.
Under these circumstances we agree with Intervenors that it would be unproductive to require them to consider and address all five alternatives.
Until such time as LILC0 can establish that one or more of the governmental entities designated in its emergency plan consent to participate in such a venture, the Intervenors need not submit contentions dealing such such alternatives.
WHEREFORE, IT IS ORDERED that until such time as LILC0 can establish the consent of one or more of the governmental entities (Suffolk County, State of New York, FEMA, or NRC) to participate in the relevant function of the LILCO emergency plan, no party shall be required to file any draft or final contentions dealing with such alternative plans.
However, all parties are required to proceed with the plan designated "LILC0 Transition" pursuant to the Order of April 20, 1983 cs enended by the Order of May 5,1983.
ATOMIC SAFETY AND LICENSING BOARD Aw l
ou, e-.
J ES A. LAUREN5 W," CHAIRMAN d inistrative Law Judge Bethesda, Maryland
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