ML20076D024
| ML20076D024 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 08/19/1983 |
| From: | Reveley W HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | |
| References | |
| ISSUANCES-OL, NUDOCS 8308230252 | |
| Download: ML20076D024 (5) | |
Text
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4 00CKETED USNRC LILCO, August 19, 1983
'83 AE 22 #0:11 0FFICE OF SECREih +
UNITED STATES OF AMERICXETING & SERV 10!
NUCLEAR REGULATORY COMMISSIdQANCH 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 (OL)
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(Shoreham Nuclear Power Station,
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Unit 1)
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LILCO'S RESPONSE TO THE BOARD ORDER OF AUGUST 9th We have the Board's August 9 order and the Staff's re-sponse to it of August 16, 1983.
We have just received the Staff's voluminous supplemental submission of August 18 provid-ed by the Staff on the precise nature of the allegations and on the investigation to date of these claims by Region I, but have not yet an opportunity to review it substantively.
Five points:
l.
To the extent LILCO has sufficient information to understand the allegations, the Company has been conducting its own investigation.
That process will continue.
To date, no basis for any claim has been found.
2.
LILCO has been cooperating, and will continue to cooperate, with the Staff in its investigation.
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{DRADOCK 05000322 PDR 3 503
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4 3.
Allegations of the present sort have been made be-fore.
None has been found to have basis in the past.1/
In light of past experience, and given the results of Region I's and LILCO's investigations to date, the Company does not antic-ipate that the current set of allegations will be found to have basis.
4.
Accordingly, the fact that the present investiga-tion by Region I remains in progress does not, in our judgment, constitute grounds for delaying issuance of a partial initial decision on issues on which the record closed over four months ago.
If the ongoing I&E and/or LILCO investigations produce information warranting a reopening of the record, the record and decision could be reopened and reconsidered.
But in the absence of meaningful evidence that one allegation or another actually has some basis, it would be counterproductive to with-hold a partial initial decision simply because the investiga-tion of some of the allegations has yet to be completed.
If it were NRC practice to withhold decisions on that basis, then all a person would need do to delay a decision would be to raise f
allegations pertinent to litigated contentions, thereby trigger l
an I&E investigation, and prolong it by failing to be precise about the nature of the charges and any supporting evidence.
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- See, e.g.,
the results of the investigation of numerous l
allegations conducted from December 11, 1979 through March 19, l
1980, by Region I; its pertinent 61-page report is numbered i
50-322/79-24.
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4 5.
It seems not unlikely that issuance of a partial initial decision on issues litigated through last April will engender motions,. appeals, and other requests for review.
It i's also possible that the decision will embody certain condi-tions whose satisfaction will take time.
In short, the deci-sion is needed now so that whatever further litigation and work it occasions may be begun.
Respectfully submitted, LO1GISLAND(9IGHINGCOMPANY r
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I W.
Taylbr Reveley, III i
Hunton & Williams Post Office Box 1535 Richmond, Virginia 23212 DATED:
August 19, 1983
LILCO, August 19, 1983 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY
('Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322 (OL)
I hereby certify that copies of LILCO's Response to the Board Order of August 9th were served this date upon the following by first-class mail, postage prepaid.
Lawrence Brenner, Ecq.
Secretary of the Commission Administrative Judge U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Panel Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D. C'.
20555 Appeal Board Panel U.S.
Nuclear Regulatory Dr. Peter A. Morris Commission Administrative Judge Washington, D.C.
20555 Atomic Safety and Licensing Board Panel Atomic Safety and Licensing U.S.
Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Dr. George A.
Ferguson Administrative Judge Daniel F.
Brown, Esq.
i Atomic Safety and Licensing Attorney Board Panel Atomic Safety and Licensing School of Engineering Board Panel Howard University U.S. Nuclear Regulatory 2300 6th Street, N.W.
Commission Washington, D.C.
20059 Washington, D.C.
20555
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w Bernard M.
Bordenick, Esq.
David.'. Gilmartin, Esq.
David A.
Repka, Esq.
Attn:
Patricia A. Dempsey,, Esq.
's U.S. Nuclear Regulatory County Attorney 4
Commission Suffolk County Department o.f L7.w.,
Washington, D.C.
20555 Veterans Memorial Highway %.
Hauppauge, New York 11787 Herbert H.
Brown, Esq.
Stephen B.
Latham, Esq.
Lawrence Coe Lanpher, Esq.
Twomey, Latham & Shea Karla J.
Letsche,-Esq.
33 West Second Street Kirkpatrick, Lockhart, Eill, P.
O.
Box 398 Christopher & Ph.illibs Riverhead, New York s11901,.
8th Floor i
1900 M Street, N.W.
Ralph Shapiro, Esq.
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Washington, D.C.
20036'
, s.
Cammer and Shapiro, E G.
9 Eact 40th Street 3
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Mr. Marc W.
New York, New York 10016 Energy Research Grqup 4001 Totten Pond Road
' James Dougherty, Esq.
Waltham, Massachusetts 02154 3043 Porter Street Washington, D.C.
20009 MHS Technical Associates' 0"*
1723 Hamilton Avenue Howard L.
Blau Suite K 217 Newbridge Road San Jose, California 95125,
Hicksville, New York 11801 Mr. Jay Dunkleberger Jonathan D.
Feinberg, Esq.
New York State Energy Offide-New York State
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Agency Building 2 Department of Public Service Empire State Pla=a Three Empire State Pla=a Albany, New York 12223 Albany, New York 12223
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( lv Hunton & Williams 707 East Main Street P.O.
Box 1535 Richmond, Virginia 23212 DATED:
August 19, 1983 C