ML20032A154

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Response Supporting Applicant 811006 Motion That Schedule Be Set & Proposed Schedule.Completion of OL Proceedings Before End of Plant Const Would Occur Under Schedule. Certificate of Svc Encl
ML20032A154
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 10/26/1981
From: Bordenick B
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Atomic Safety and Licensing Board Panel
References
NUDOCS 8110280375
Download: ML20032A154 (4)


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10/26/81 i

VillTED STATES OF NtERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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LONG ISLAND LIGHTING COMPANY

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Docket No, 50-322

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(Shoreham Nuclear Power Station, U/,'[

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r NRC STAFF RESPONSE TO APPLICANT'S

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MOTION THAT A HEARING SCHEDULE BE SET 4/

On October 6,1981, Applicant moved that a schedule be set for these proceedings and submitted a proposed hearing scheaule. The Staff supports the Applicant's motion and the proposed schedule.

3iven the enticipated fuel load date for Shoreham of Septe.nber 1982, the proposed scheduk !s consistent with the Comission's policy that

" boards should attempt where possible to set hearing schedules su that the board initial decisions would issue within 300 days of the issuance of the final Staff safety evaluation report supplement...." Memorandum COMJH-81-2 from Samel J. Chilk to William J. Dircks, June 29, 1981. The final Shoreham SER Supplement to be compiled prior to the hearings was published September 1981 (NUREG-0420, Supp. 1).

Furthermore, in a

" Statement of Policy on Conduct of Licensing Proceedings" of May 20, 1981, 46 Fed. RS. 28:.

(May 27, 1981), the Comission emphasized that licensing boards are to use all their powers to see that hearings are expeditiously conducted.

It stated in part:

DmCHATED ORIGINAz; lNdjggggEdusj, y/t

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. t The Comission's Rules of Practice provide the board with substantial authority to regulate hearing procedures.

In the final analysis, the actions, consistent with applicable rules, which may be takea to conduct an efficiant hearing are limited primarily by the good sense, judgment, and managerial skills of a presiding board which is dedicated to seeing that the process moves along at an expeditious pace, consistent with the demands of fairness. M.,at28534.

The goal of the Comission's policy is to insure completion of opereting license proceedings before the end of plant construction. M.,at28535.

The Applicant's proposed hearing schedule is premised on approval by the Suffolk County legisl:ture of the s,,ulation concerning the County contentions. The Staff recognizes that if the stipulation is not approved the hearing schedule will have to be adjusted.

Respectfully submitted, N

Bernard M. Bordenick Counsel for NRC Staff Dated at Bethesda Maryland this 26th day of October,1981.

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UllITED STATES OF AMERICA NL' CLEAR REGULATORY COWIISSION i

BEFORE THE ATOMIC SAFETY AllD LICENSING BOARD In the Matter of I

LONG ISLANU LIGHTING COMPANY Docket No. 50-322

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(Shoreham Nuclear Power Station,

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Unit 1)

CERTIFICATE OF SERVICE I hereby certify that copies of "NRf, STAFF RESPONSE TO APPLICANT'S MOTION THAT A HEARING SCHEDULE BE SET" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an aster 9. through deposit in the Nuclear Regulatory Commission's internal mail system, this 26th day of October,1981:

Louis J. Cartar Ralph Shapiro, Esq.

Administrative Judge Cammer and Shapiro 23 Wiltshire Road No. 9 East 40th Street Philadelphia, PA 19151 New York. NY 10016 Dr. Uscar H. Paric*

M ainistrative Judge Howaro L. Ciau, Esq.

Atomic Safety and Licensing Board 217 Newbridge Road U.S. Nuclear Regulatory Commission M cksville, NY 11801 l

Washington, DC 20555 Mr. Frederick J. Shon,*

W. Taylor Reveley III, Esq.

Administrative Judge Hunton & Williams Atomic Safety and Licensing Board P.O. Box 1535 U.S. Nuclear Regulatory Comission Richmond, VA 23212 Washington, DC 20555 Jeffrey Cohen, Esq.

Edward M. Barrett, Esq.

Deputy Commissioner and Counsel General Counsel New York State Energy Office Long Island Lighting Company Agency Building 2 250 Old County Road Empire State Plaza Mineola, NY

-11501 Albany, NY 12223 Jeffrey L. Futter, Esq.

Long Island Lighting Company 250 Old County Road Mineoia, NY 11501

> i Stephen B. Latham, Esq.

Mr. Brian McCaffrey Twomey, Latham & Schmitt Shoreham Nuclear Power Station Attorneys at Law P.O. Box 618 P.O. Box 398 North Country Road 33 West Second Street Wading River, NY 11792 Riverhead, NY 11991 MHB Technical Associates Energy Research G.oup, Inc.

1723 Hamilton Avenue 400-1 Totten Pona Road Suite K Waltham,.2 G2154 San Jose, CA 95125 Joel Blau, Esq.

hon. Peter Cohalan New York Public Service Commission Suffolk County Executive The Governor Nelson A. Rockefeller County Executive / Legislative Eldg.

Building Veteran's Memorial Highway Empire State Plaza Hauppauge, NY 11788 Albany, NY 12223 Ezra I. Bialik, Esq.

David H. G3haartin, Esq.

Assistant Attorney General Suffolk County Attorney General Environmental Protection Bureau County Executive / Legislative Bldg.

New York State Department of Law Veteran's Memorial Highway 2 World Trade Center Hauppauge, NY 11788 New York, NY 10047 Atomic Safety and Licensing Atomic Safety and Licensing Board Panel

  • Appeal Board
  • U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Connission Washington, DC 20555 Washington, DC 20555 Docketing and Service Section*

Office. of the Secretary U.S. Nuclear Regulatory Comission Washington, DC 20555 k

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Bernard M. Bordenick Counsel for NRC Staff l

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