ML20051Y486
| ML20051Y486 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/12/1982 |
| From: | Lanpher L KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8205180161 | |
| Download: ML20051Y486 (5) | |
Text
-
UNITED STATES OF AMERICA NUCLEAR REGULATORY: COMMISSION BEFORE THE ATOMIC SAFETY AND 'IIICbb ING BOARD 1
)-.
t u -
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322 0.L.
)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
JOINT MOTION FOR DEFERRAL OF TESTIMONY ON TWO CONTENTIONS i
Under the schedule previously adopted by this Licensing Board, testimony is to be filed on May 25, 1982, on Suffolk County Contention 32 (and related SOC Contention 19 (f) ),
electrical penetrations, and on SOC Contention 19 (i), seismic qualification.
For the reasons stated below, the NRC Staff, i
SOC and Suffolk County move this Board to defer the filing date for this testimony.
With respect to the electrical % 1st ration issue, the NRC Staff has determined that the ;cali eview is incomplete.
This incomplete review is documented as part of SER Open Item 9, concerning environmental qualification.
The Staff has further i
determined that its witness will not complete. the SER review before May 25 and will not be able to submit testimony on this i
- /
matter by May 25 since the SER review is incomplete.-
The other
- /
The Staff believes that the SER review regarding electrical penetrations will likely be completed on approximately the same schedule as for the entire open SER item 9 -- late June 1982.
The Staff in March 1982 thought this open item, (cont'd. on'next-page) g N 8 0*
. [
e
. parties are in a similarly difficult position in not having the Staff's SER on this matter.
Consistent with the Board's previous rulings regarding deferral of testimony on contentions where an SER open item is involved, moveants urge the Board to defer submission of testimony on this issue until after the SER review is complete.
With respect to SOC Contention 19 (i), seismic qualification, SOC urges deferral because resolution of this issue is part of SER Open Item 8, dynamic qualification.
As noted in SER Supp. 2 at p.
1-2, there is a second audit to be completed before the
- /
SER review is complete.'
It is SOC's position that resolution of this contention will involve a review of the SER input.
Since the SER input is not available, SOC urges deferral of l
testimony.
Suffolk County supports SOC; the Staff, while not independently urging deferral, does not oppose SOC's request.
LILCO was consulted regarding this motion.
LILCO presently takes no position regarding the motion.
In the event it takes a positic:., it will advise the Board by noon on May 13, 1982.
The moving parties respectfully request expedited decision on this matter so that the status of the May 25 submittals may promptly be clarified.
(Cont'd from previous page) insofar as electrical penetrations are oaxerned, would be resolved by now.
It only this week came to Staff counsel's attention that the previous schedule would not be met.
- /
The Staff believes this second audit and completion of the j
SER item will likely take place in June 1982.
l 1
l
' The undersigned prepared this pleading at the request of SOC and the Staff.
The pleading was read and approved by counsel for SOC and the NRC Staff, and LILCO counsel authorized the inclusion of the statement regarding LILCO's position.
Respectfully submitted, David H. Gilmartin Patricia A.
Dempsey Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 A:eetadt4/
Herbert H.
Brown Lawrence Coe Lanpher Karla J. Letsche KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.,
8th Floor Washington, D.C.
20036 (202) 452-7000 Attorneys for Suffolk County May 12, 1982
UNITED STATES OF AMERICA NUCLEAR REGULATORY cot 1 MISSION l
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
)
Docket No. 50-322 (OL)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the " JOINT MOTION FOR DEFERRAL OF TESTIMONY ON TWO CONTENTIONS," dated May 12, 1982, were served to the following this 12th day of May, 1982 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 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 Stephen B.
Latham, Esq.
Mineola, New York 11501 Twomey, Latham & Shea j
Attorneys at Law Mr. Brian McCaffrey P.O.
Box 398 Long Island Lighting Company 33 West Second Street 175 East Old Country Poad Riverhead, New York 11901 Hicksville, New York 11801
..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 Nor th Coun try 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 H. 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 Docke ting 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 State Public Service Comm.
3 Rockefeller Plaza Albany, New York 12223 W
4 LAWRENCE COE LANPHT:R KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS Mav 12' 1982 1900 M Street, N.W.,
8th Floor Washington, D.C.
20036
(*) By hand on 5/12/82
(#) By Telecopy 5/12/82 -
. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _