ML20028C321

Motion for Revision to Schedule for Submission of Proposed Findings of fact.One-wk Extension Needed.Amount of Matl to Be Reviewed Is Extensive & Counsel Busy W/Other Issues in Case.Certificate of Svc Encl

ML20028C321
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	01/05/1983
From:	Lanpher L KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8301070330
Download: ML20028C321 (5)

Text

, , , 1/5/83 UNITED STATES OF NHERICA C0CXETED NUCLEAR REGULATORY COMMISSION #

~

Before the Atomic Safety and Licensing Boa

'; ~ t ie D w,1, . tG & SEevlCE JA!P;H

)

4 In the Matter of )

)

I LONG TSLAND LIGHTING COMPANY )

Docket No. 50-322 0.L.

)

(Shoreham Nuclear Power Station, )

Unit 1) '

)

)

SUFFOLK COUNTY MOTION FOR REVISION TO SCHEDULE FOR SUBMISSION OF PROPOSED FINDINGS OF FACT The Licensing Board has established a schedule for sub-mission of findings of fact on all issues litigated prior to QA/QC. The schedule calls for all findings to be submitted by February 6, 1983:

LILCO findings January 10, 1983 County findings January 20, 1983 Staff findings January 31, 1983 1/

LILCO reply findings February 6, 1983 T/

For reasons set forth below, the County requests a one week extension to file its findings. Given the integrated nature of the overall schedule, the County suggests that all the dates be adjusted by one week. Thus, the schedule proposed by the County is:

LILCO findings January 17, 1983 County findings January 27, 1983 Staff findings February 7, 1983 LILCO reply findings February 14, 1983 1/ These represent slight adjustments from the standard 30, 40, 50, and 55 day schedule in order to avoid weekend filing dates. See 10 C.F.R. S 2.754.

8301070330 830105 PDR ADOCK 05000322 O PDR

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' . , s The County seeks this extension for two reasons. First, the amount of material to be reviewed and synthesized into cogent findings is extensive. There are about 8,000-9,000 pages of transcript to be reviewed, plus many more pages of prefiled testimony and exhibits. These materials involve diverse issues, the findings on which must be coordinated among counsel and expert consultants. An additional week to review and coordinate these materials will be of substantial benefit to the County in presentation of its position in an efficient manner to the Board.

Second, the involvement of Mr. Lanpher and Ms. Letsche in the findings due on January 20 is essential since they were the County's lead counsel on all the issues being briefed.

Unfortunately, during recent weeks when final finding prepara-tion needed to be performed, both Mr. Lanpher and Ms. Letsche have had to devote substantial time to other issues in this case. Thus, Mr. Lanpher has had substantial responsibilities relating to the Torrey Pines matter and the Staff OQA inspection, and Ms. Letsche has been coordinating County activities on SC Contentions 8, 23, 24 and 32. These other responsibilities have substantially affected the time which Mr. Lanpher and Ms. Letsche could devote tc findings.

The County acknowledges that the Board advised the parties early in the proceeding to begin work on findings because the i

Board planned to follow the standard times set forth in the regulations. The County did start preparation early and only l

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with reluctance now asks for this extension, given the press of other responsibilities and the diverse, complex and extensive record which must be briefed. It is the County's belief that the one-week extension should materially help to focus the County's findings and thus ultimately aid the Board in its consideration of these matters.

4 The County is filing this request at this time because if the Board approves the County's request, LILCO should also receive the same extra time. Since LILCO's findings are due en January 10, the County respectfully requests the Board to expedite its consideration of this motion. If required, Mr.

Lanpher is available for a conferehce call at any time today (January 5) or tomorrow.

The undersigned spoke with counsel for LILCO and the NRC Staff regarding this motion. The County is authorized to state that neither LILCO nor the Staff opposes the relief sought in this motion.

Respectfully submitted, David J. Gilmartin Patricia A. Dempsey Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788

_ MA Herbert H. Brown f .

Lawrence Coe Langher Karla J. Letsche KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS Washington, D.C. 20036 January 5, 1983

i UNITED STATES OF AMERICA NUCLEAR REGULATORY COhMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

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LONG ISLAND LIGHTING COMPANY )

) Docket No. 50-322 (0.L.)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

CERTIFICATE OF SERVICE

I hereby certify that copies of the SUFFOLK COUNTY MOTION FOR REVISION TO SCHEDULE FOR SUBMISSION OF PROPOSED FINDINGS OF FACT have been served to the following this 5th day of January, 1983 by U.S. Mail, first class, except as otherwise noted.

Lawrence Brenner, Esq. (*) Ralph Shapiro, Esq.

Administrative Judge Cammer and Shapiro Atomic Safety and Licensing Board 9 East 40th Street U.S. Nuclear Regulatory Commission New York, New York 10016

! Washington, D.C. 20555 Howard L. Blau, Esq.

Dr. James L. Carpenter (*) 217 Newbridge Road Administrative Judge Hicksville, New York 11801 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission W. Taylor Reveley III, Esq.(#)

Washington, D.C. 20555 Hunton & Williams P.O. Box 1535 707 East Main St.

Dr. Peter A. Morris (*) Richmond, Virginia 23212 Administrative Judge Atomic Safety and Licensing Board -

U.S. Nuclear Regulatory Commission Mr. Jay Dunkleberger Washington, D.C. 20555 New York State-Energy Office Agency Building 2 Edward M. Barrett, Esq. Empire State Plaza General Counsel Albany, New York 12223 Long Island Lighting Company 250 Old Country Road Mineola, New York 11501 Stephen B. Latham, Esq.

Twomey, Latham & Shea Mr. Brian McCaffrey Attorneys at Law

Long Island Lighting Company P.O. Box 398 175 East Old Country Road 33 West Second Street Hicksville, New York 11801 Riverhead, New York 11901

e . .

Marc W. Goldsmith Mr. Jeff Smith Energy Research Group, Inc. Shoreham Nuclear Power Station 400-1 Totten Pond Road P.O. Box 618 Waltham, Massachusetts 02154 North Country Road Wading River, New York 11792 Joel Blau, Esq. MHB Technical Associates New York Public Service Commission 1723 Hamilton Avenue The Governor Nelson A. Rockefeller Suite K Building San Jose, California 95125 Empire State Plaza Albany, New York 12223 Hon. Peter Cohalan Suffolk County Executive David J. Gilmartin, Esq. County Executive / Legislative Suffolk County Attorney Building County Executive / Legislative Bldg. Veterans Memorial Highway Veterans Memorial Highway Hauppauge, New York 11788 Hauppauge, New York 11788 Ezra I. Bialik, Esq.

Atomic Safety and Licensing Assistant Attorney General Board Panel Environmental Protection Bureau U.S. Nuclear Regulatory Commission New York State Department of Washington, D.C. 20555 Law 2 World Trade Center Docketing and Service Section New York, New York 10047 Office of the Secretary U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board U.S. Nuclear Regulatory Bernard M. Bordenick, Esq. (*) Commission David A. Repka, Esq. Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Matthew J. Kelly, Esq.

Staff Counsel, New York Stuart Diamond State Public Service Comm.

Environment / Energy Writer 3 Rockefeller Plaza NEWSDAY Albany, New York 12223 Long Island, New York 11747 Daniel F. Brown, Esq. (*)

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Lawrence Coe Langher KIRKPATRIC K , LOCKHART, HILL, CHRISTOPHER & PHILLIPS DATE: January 5, 1983 1900 M Street, N.W., 8th Floor Washington, D.C. 20036

(*) By Hand

(#) By Telecopier

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