ML20072L403
| ML20072L403 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/29/1983 |
| From: | Mcmurray C KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20072L388 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8303310278 | |
| Download: ML20072L403 (7) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
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In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322 (40L)
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(Shoreham Nuclear Power Station,
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Unit 1)
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PETITION OF SUFFOLK COUNTY FOR LEAVE TO FILE A BRIEF IN REPLY Pursuant to Section 2.730 (c) of the Commission's Rules of t
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.?ractice, Suffolk County petitions for leave to file a Brief in Reply to LILCO's brief of March 19, 1983, and to the NRC Staff's brief of March 25, 1983, both of which were filed in response to the County's Motion to Terminate the Shoreham Operating License Proceeding and the County's Supplemental Brief in support of that motion.
A copy of Suffolk County's Brief in Reply accompanies this Petition.
The County's Motion to Terminate raises important issues of first impression for this Board and/or the Commission to resolve.
See Suffolk County Motion For Certification.
The County submits that the County's reply to several of the arguments raised in
-the briefs of LILCO and the Staff will provide assistance to the Board and Commission in understanding the issues fully and in coming to a proper resolution of the matter.
e 8303310278 830329 PDR ADOCK 05000322
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~ Several reasons in particular compel granting this Petition.
First, the LILCO and Staff briefs seriously mischaracterize the County's arguments and legal position on several points, particularly 4
concerning the proper interpretation of 10 C.F.R.
Sections 50.33 (g),
50'. 47 (a) (2 ) and 50.47 (c) (1).
See Staff Brief at 12-17; LILCO Brief at 63-80.
The County requests an opportunity to correct those mischaracterizations so that the precise legal issues to be considered are sharply focused.
See Reply Brief at 6-16.
Second, the LILCO and Staff briefs raise arguments not addressed in the County's initial brief supporting its Motion to Terminate.
For example, the Staff and LILCO both discuss the preemption doctrine and the County's alleged attempt to " veto" Shoreham cperation.
- See, e.g.,
Staff Brief at 8-12; LILCO Brief at 83-94.
The County did not address these arguments in its initial submission because it felt these issues were not pertinent.
In its reply, the County demonstrates why these Staff and LILCO arguments are not relevant to the narrow legal issues which are l
presented.
See Reply Brief at 3-5, 16.
Third, LILCO, with support from the Staff, proposes a schedule for offsite emergency planning hearings and the order in which the parties should proceed.
LILCO Brief at 109-117; Staff Brief at 23.
The County did not address this matter in its earlier submissions because it is beyond the scope of the issues the Board asked to be briefed.
See ASLB Order, February 28, 1983.
The County believes, therefore, that such discussion should
. be struck from the LILCO and Staff briefs.
However, if the Board considers these matters, the County certainly should have an opportunity to respond.
See Reply Brief at 19-20.
Finally, LILCO has devoted numerous pages of its brief to a distorted discussion of the alleged history of the County's role in emergency planning for Shoreham and has further advanced arguments impugning the competence, integrity, and good faith of the duly elected officials of Suffolk County.
See LILCO Brief at 14-63, 82, 92 n.
39.
LILCO's resort to such attacks on the County government requires a County response.
See Reply Brief at 20-23.
P The County submits that the foregoing grounds demonstrate a strong showing of good cause for leave to file a reply brief under 10 C.F.R. 2. 730 (c).
See Metropolitan Edison Co. (Three Mile Island), CLI-80-19, 11 N.R.C.
700, 701 (1980).
Furthermore, consideration of the County's brief in reply should not delay the Board's decision on the Motion to Terminate and Motion For Certification since the County has acted promptly in submitting its reply brief only two working days after the Staff's brief was filed.
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Therefore, the County requests that this Board grant the instant petition.
Respectfully submitted, David J. Gilmartin Patricia A. Dempsey Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 Herbert 4I. Brown Lawrence Coe Lanpher Christopher M. McMurray KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, NW, Suite 800 Washington, DC 20036 Attorneys for Suffolk County March 29, 1983
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board 4
)
In the Matter'of
)
)-
(' L)
LONGLISLAND LIGHTING COMPANY
)
Docket No. 50-322 O
)
(Shoreham Nuclear Power Station,
)
i Unit 1)'
)
)
4 CERTIFICATE OF SERVICE I hereby certify that ccpies of " Petition of Saffolk County For Leave To Pile A Brief In Reply" and "Suffolk County's Reply To LILCO's And The NRC Staff's Briefs In Opposition To Suffolk County's Motion To Terminate The Shoreham Operating License-Proceeding And The County's Motion For Certification" were sent on Mar.ch 29, 1983 i
by first class mail, except wnere otherwise noted, to the following:
Hunzio J. Palladino, Chairman
- Commissioner Thomas M. Roberts
- Nuclear Regulatory Commission.
Nuclear Regulatory Commission i
1717 H Street, UW 1717 H Street-NW Room 1114 Room 1113
. Washington, DC 20036 Washington, DC 20036 Commissioner Victor Gilinsky*
Lawrence Brenner, Esq.*
Nuclear Regulatory Commission Administrative Judge i
1717 H Street, NW Atomic Safety and Licensing Board Room 1103 U.S. Nuclear Regulatory' Commission Washington, DC 20036 Washington, DC 20555 L
Commissioner James K. Asselstine*
Dr. James L. Carpenter
- Nuclear Regulatory Commission Administrative Judge 1717 H Street, NW Atomic Safety and Licensing Board l
Room 1136 U.S. Nuclear Regulatory Commission i
Washington, DC 20036 Washington, DC 20555 l
Commissioner John F. Ahearne*
Dr. Peter A. Morris
- Nuclear Regulatory Commission Administrative Judge
-1717 H Street, NW Atomic Safety and Licensing Board Room 1156 U.S. Nuclear Regulatory Commission Washington, DC 20036 Washington, DC 20555 U
By Hand By Federal Express m
s
. Edward M.
Barrett, Esq.
David H. Gilmartin, Esq.
General Counsel Suffolk County Attorney Long Island Lighting' Company County Executive / Legislative 250 Old Country Road Building Mineola, New York 11501 Veterans Memorial Highway Hauppauge, New York 11788 Mr. Brian McCaffrey Long Island Lighting Company Atomic Safety and Licensing 175 East Old Country Road Board Panel Hicksville, New York 11801 U.S. Nuclear Regulatory Commission Ral'ph Shapiro, Esq.**
Cammer & Shapiro Bernard M.
Bordenick, Esq.*
9 East 40th-Street David A'.
Repka, Esq.
New York, New York 10016 U.S. Nuclear Regulatory Commission Washington, DC 20555 Howard L. Blau, Esq.
217 Newbridge Road Stuart Diamond Hicksville, New York 11801 Environment / Energy Writer NEWSDAY W.
Taylor Reveley, III, Esq.**
Long Island, New York 11747 Hunton & Williams 707 East Main Street Spence Perry, Esq.
Richmond, Virginia 23212.
Associate General Counsel Federal Emergency Management Agency Mr. Jay Dunkleberger Washington, DC 20472 New York State Energy Office Agency Building 2 Mr. Jeff Smith Empire State Plaza Shoreham Nuclear Power Station Albany, New York 12223 P.O. Box 618 North Country Road Stephen B.
Latham, Esq.**
Wading River, New York 11792 Twomey, Latham & Shea Attorneys at Law MHB Technical Associates 33 West Second Street 1723 Hamilton Avenue i
Riverhead, New York 11901 Suite K San Jose, California 95125 Nora Bredes Executive Director Docketing and Service Section*
Shoreham Opponents Coalition Office of the Secretary 195 East Main Street U.S. Nuclear Regulatory Commission Smithtown, New York 11787 Washington, DC 20555 Marc W.
Goldsmith Hon. Peter Cohalan Energy Research Group, Inc.
Suffolk County Executive 400-1 Totten Pond Road County Executive / Legislative Waltham, Massachusetts 02154 Building j
Veterans Memorial Highway Joel Blau, Esq.
Hauppauge, New York 11788 New York Public Service Commission The Governor Nelson A.
Rockefeller Daniel F.
Brown, Esq.*
Building U.S. Nuclear Regulatory Commission Empire State Plaza Washington, DC 20555 Albany, New Yor}. 12223 t
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. Ezra I. Bialik, Esq.
Assistant Attorney General Environmental Protection Bureau New York State Department of Law 2 World Trade Center New York, New York 10047 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, DC 20555 Matthew J.
Kell ~y, Esq.
Staff Counsel, New York State Public Service Commission 3 Rockefeller Plaza Albany, New York 12223 Stuart Glass, Esq.
Regional Counsel Federal Emergency Management Agency 26 Federal Plaza Room 1349 New York, New York 10278 James Dougherty, Esq.
3045 Porter Street, NW Washington, DC 20008 l
l Christopher M. McMurray ~
KIRKPATRICK, LOCKHART, HILL, l
CHRISTOPHER & PHILLIPS 1900 M Street, NW, Suite 800 Washington, DC 20036 March 29, 1983 l
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