ML20024F344

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Responds to Concerns Raised in LC Lanpher .Due to Long Delay in Fuel Load Date,No Objection Made to ASLB Deferring Issuance of Partial Initial Decision Until Resolution of Hubbard Testimony on Diablo Canyon
ML20024F344
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 08/26/1983
From: Bordenick B
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Brenner L, Ferguson G, Morris P
Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8309090295
Download: ML20024F344 (2)


Text

a.

August 26, 1983 Lawrence Brenner, Esq.

Dr. Peter A. Morris Administrative Judge Administrative Judge 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 Dr. George A. Ferguson Administrative Judge School of Engineering Howard University 2300 - 5th Street, N.W.

Washington, D.C.

20059 In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322 (OL)

Dear Administrative Judges:

I am in receipt of the letter to you dated August 22, 1983 from Lawrence Coe Lanpher. Attached to Mr. Lanpher's letter to you is a copy of a letter to me also dated August 22nd. Mr. Lanpher telecopied directly to me his August 22, 1983 letter addressed to me on that date, but sent a copy of his letter to you by. regular mail, which I received on August 24, 1983.

In the interim, I responded on August 23 to Mr. Lanpher's letter addressed to me.

In large part, I believe, that-letter responds to the four " concerns" raised in Mr. Lanpher's letter to you. This letter furtner responds to those " concerns."

1.

I have now provided an illustrative " specification" to Mr. Lanpher in

.my letter of August 23. A complete specification would require a rereading of the very voluminous QA/QC record in this proceeding.

In any event, as previously stated, I felt compelled to bring this matter to the Board's immediate attention, without the luxury of conferring with the County, given what I understand was the imminent issuance of the Board's partial initial decision on, inter alia, the QA/QC issues in this proceeding. Depending on Mr. Hubbard's explanation of his limited testimony at Diablo Canyon vis a vis his extensive testimony and participation at S_horeham, and whether or not the Board indicates whether it intends to rely on Mr. Hubbard's Shoreham testimony, it may or may not be necessary for me to move the Board to reopen the Shoreham QA/QC record.

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2.

See my August 22, 1983 letter to Mr. Lanpher which I believe responds to this item.

3.

I did not privately contact the County prior to notifying the Board for the reasons set out in item 1 above.

I would note that in deciding how best to discharge my responsibility to the Board in this regard, I considered contacting the County privately but subsequently concluded that to do so would only lead to protracted discussions among counsel which might delay my timely notification of the Board. Subsequent events have confirmed this concern.

4.

In view of the apparent long delay in LILC0's fuel load date because of the emergency diesel generators sitaution, the St3ff has no objection to the Board, if necessary, deferring issuance of a partial initial decision until the matter of Mr. Hubbard's testimony at Diablo Canyon is resolved, if the Board believes that is necessary. My expectation i Tthat this matter can be resolved within the next ten days to two weeks (assuming an early response from Mr. Hubbard).

Sincerely, Bernard M. Bordenick Counsel for NRC Staff cc: Jonathan D. Feinberg,F.sq.

Ralph Shapiro, Esq.

Howard L. Blau, Esq.

W. Taylor Reveley III, Esq.

Cherif Sedkey, Esq.

Stephen B. Latham, Esq.

Herbert H. Brown, Esq.

Daniel F. Brown, Esq.

Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Appeal Board Panel Karla Letsche, Esq.

Lawrence Coe Lanpher, Esq.

Edward M. Barrett, Esq.

Mr. Brian McCaffrey Marc W. Goldsmith David H. Gilmartin, Esq.

Mr. Jeff Smith MHB Technical Associates Hon. Peter Cohalan Mr. Jay Dunk'oberger John F. Shea, III, Esq.

Docketing and Service Section James B. Dougherty, Esq.

Stewart M. Glass, Esq.

Ms. Nora Bredes DISTRIBUTION Bordenick/Dewey/Repka/ Mcdonald /Rawson/Reis Chron(2)

ELD FF (2)

NRC Docket File: PDR/LPDR Christenbury/Murray Lieberman/0lmstead R.Caruso 144 J.Norris AR5008 A.Schwencer 330 I< tbW_s DS07

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