ML20076G883

Reply Supporting Suffolk County Objections to ASLB 830819 Special Prehearing Conference.Aslb Has Not Justified Draconian Schedule.Time Provided Is Inadequate to Prepare Effectively for Hearing.Certificate of Svc Encl

ML20076G883
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/26/1983
From:	Latham S SOUTHOLD, NY, TWOMEY, LATHAM & SHEA
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL-3, NUDOCS 8309010169
Download: ML20076G883 (8)

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. W' 00cYvkf0 US UNITED STATES OF AMERICA ,lbf NUCLEAR REGULATORY COMMISSION b' hj30 "I2l29 BEFORE THE ATOMIC SAFETY AND LICENSING 80AR 3 (Irf In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322

) (Offsite Emergency Planning )

(Shoreham Nuclear Power Station,)

Unit 1) )

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TOWN OF SOUTHAMPTON REPLY TO SUFFOLK COUNTY'S OBJECTIONS TU SPECIAL PREHEARING CONFERENCE ORDER Introduction At the outset, Southampton wishes to clarify the fact that as of the date of this reply pleading (Friday, August 26, 1983),

Southampton has not as yet' received the Board's Special Prehearing Conference Order, dated August 19, 1983. In a brief conversation with Judge Kline this morning, counsel for the Town of Southampton advised Judge Kline ot this fact but indicated that this brief reply would be forthcoming in the time set by the Board on Wednesday, August 24th.* Counsel for Suf folk County has agreed to Federal Express the Board's August 19th Order to Southampton so that it may be reviewed prior to any developments or rulings which the Board may wish to discuss on August 29th or thereafter.

As counsel for the Town of Southampton explained to Judge Kline this morning, the dela'y in receipt ot Board Orders served on Which we have also not received.

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, s' Southampton during the normal course ot business is not an unusual occurrence. In order that parties such as Southampton, who do not have immediate access to the public docket room, may keep pace with the Board's accelerateo schedules, Southampton hereby ,

requests that all turther Board Orders in the emergency planning $

phase of Docket No. 50-322 be served on the active emergency plan-ning parties by Express Mail. Such a practice would be consistent ,

-with the policy on service ot documents tollowed by the parties themselves and would greatly enhance timely consi'deration of important issues in the emergency planning proceeding.

Objections to Board Schedule Counsel for Suffolk County has advised counsel for Southampton of the Board's schedule, which calls for the production of all documents by September 16th; the conclusion ot all discovery by September 23rd; ano the commencement of the evidentiary hearing on November 14th, with several intermediary tiling dates prior to the U

commencement or the hearing itself. The Town of Southampton has also reviewed Suftolk County's objections to the Board 's schedule  !

as filed on August 23, 1983 and joins in each objection and request for claritication asserted by the County.

As set forth at page 2 of the County's filing, the Board's only apparent justitication for its draconian schedule is so tnat E

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• the emergency planning issues can be litigated etticiently and expeditiously. The Board has apparently provided no other

" reasoning" in support ot its schedule and Southampton suspects that this is because no valid reasons could be of fered. While the f Board's schedule might lead to an " expeditious" litigation or off-site emergency planning measures, the process would hardly be j 2

etficient since inadequate time for ciscovery will invariably lead l

to unfocused and protracted litigation, for the reasons set forth by the County at page 8 ot its August 23rd f il ing'.

It should be clear to the Board that the Shoreham off-site emergency planning hearing is unprecedented in scope and complex-ity and that any effort by the Board to deprive intervenors ot an .

- 5 opportunity to adequately prepare and present their case would be entirely unjustified and perhaps subject to reversal in subsequent a

judicial proceedings. The Board claims to desire a full and tair hearing on oft-site issues and has apparently admitted a signiti-cant number of contentions in order to fulfill that obligation.

However, admitting contentions and then depriving parties an ade-  !

quate time to prepare and prove those contentions amounts to a i denial of due process.

Other Factors s

Although the applicant frequently reterences the upcoming b

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c' tuel-load date as good cause tor accelerating the emergency plan ning litigation, that argument cannot justity the acceleration of litigation at the expense ot a tull and fair hearing and it is certainly inappropriate here. '

By now, the Board has been advised or the significant schedule impact attributable to LILCO's multiple problems with its diesel generators. The Board may not know that further schedule delay has been conceded by LILCO even since the County's August 23rd filing. As can be seen f rom the attached article in today's Newsday, LILCO has discovered multiple failures in each of the three diesel generators and even under most favorable circum-stances, fuel-load is not anticipated until the second quarter of 1984.

In view of the approximate six month period between fuel-load and full power operation, and the fact that LILCO agrees that tuel load could be "significantly later" if the generator problems are more signiticant than anticipated, it is now clear that full power e

operation tor Shoreham will be more likely to occur during calendar year 198 5 than calendar year 1984.

Southampton takes strong exception to any etfort Oy the Board to schedule oft-site emergency planning litigation with its eye on LILCO's constantly shitting fuel-load dates. The Board's concerns h should be public safety and the development of a full and fair hearing record. In order to meet those obligations, the scheoule g

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set torth in the Board's August 19th Orcer must be adj usted as $

recommenced by the County in its August 23rd filing. $

Respectfully submitted, StephedLA. Latham y i

TWOMEY, LATHAM & SHEA I Special Counsel to the g Town ot Southampton ]

33 West Second Street i Post Office. Box 398  ;

Riverhead, New York 11901 '

Dated : Riverhead, New York [

August 26, 1983 i

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6 More Cracks Suspected at X-Plant Ily Rick Illand F '

, l I da"!n'*s,4*x'Wekdn'en"U"d* A VIEW FROM HAUPPAUGE of one of its problem diesel generators and pushed 4 back the estimated date for loading fuel at the Shore- - -u- . .

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ham nuclear plant to April or May at earliest.

They are extremely minute, hen Simons, a . U O A 1f1

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.ULCO spokesman, said of the cracks. "We don't ,

I want to give the impression that the crankshaft is 'PC%' -Continued from Page 7 '

I crumbling like a candy cane." ,' Co.'s request for a 56 per cent rate increase, llalpin was The flaws are on the crankshaft of the generator stressing that economic fear was the prime issue among vot-in which problems were most recently discovered. era he met at bingo tables and supermarkets. "Now you have Three of the flaws, ranging in size from one-eighth . . . . inspections uncovering faults . . .," Downey said,"and of an inch to one-sixteenth of an inch were found in that brings it back to safety."

l the area of cylinder three of the eight-cyl,inder die-sel. Three other flaws, from 1 inch to 1% inch, were The questions about LILCO's management and con-found by cylinder five. Simons said it is unknown struction problems have put a subtle, psychological pres-when ULCO will be able to confirm the depth of the sure on even those who favor opening the plant, said i flaws and whether they are cracks. IIe said that the Karen Burstein, a Nassau Democrat who until recently I newest finding has "put on hold" plans to run that headed the state Consumer Protection Board. "It's like generator in low-power tests. Murphy's law: if anything can go wrong with Shoreham, it

• They didn't have more generators in which to will, and that has intruded itself into the consciousness of find cracks, so they are finding more cracks in each -

- even the most passionate Shoreham partisans, that this is generator,"said Deputy Suffolk County Executive a plant doomed."

Frank Jones. lie said that the spread of the gener- t stor problems indicates a design problem, and that g g;, , gg g;g, 7,g  ;, ,gg LILCO should take the " bold step" of replacing the .'. three diesel generators necessary to safely shut Shoreham generators in their entirety, not just crankshafia. J in certain kinds of accidents, it became apparent that Ital-Jfeanwhile, in a disclosure statement with thel l _ Securities and Exchange Commission, LIILO also_ h}

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! pin's was a strategy doomed. IIis campaign began back-N ):h pedaling fast, with iia! pin saying,"We have frevealed that fuel loading might be delaved from thel ,, 4 ; first."

4.6 Ifirst quarter of 1984 to early in the second cuarter lecause the last of the three replacement crank..

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?, @y,7, IIalpin has also maintained that he will wait for a task i

y* . force report commissioned by Gov. Mario Cuomo before i

Ishafts will not arrive until November. The state- M taking a stand on whether the plant should open, and he

! pent was filed cause LILCO is in the om of - -J says the generator cracks haven't affected his thinking I _ selling four mil ion shares of stock.

"one iota."

The new fuel. loading estimate is the second revi-sion in the company's timetable in a week. Until But this week, IIalpin said he will make a major an.

nouncement on Shoreham in mid-September, and acknowl.

Aug.12, when the crankshaft in one emergency gen-edged for the first time that he may not be able to wait for

erator was found to have split apart after a test, the governor's task force report. " Ibis is such an important l

LILCO had estimated the plant would be ready to saue for the future of Suffolk County, I'd like very much to

, load fuel in October. Since Aug.12, company offi*

wait for the report, but in the event it drags out, I'm going l cials have found cracks in each of the other two gen - to have a lot of things to say about Shoreham come mid-

) erators. The company estimates that each month of September."

delay adds $4,0 million to the cost of the plant. While the content of his announcement is uncertain, his Simons said LIlf0 is looking into gettmg a i

crankshaft from another utility to speed up the dilemma is all too clear.

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• Patrick has to try to find a middle ground," said Downey.

schedule. ,Ilowever, LIILO warned that fuel could View of crack in crankshaft at Shoreham "If he can possibly do that."

be loaded significantly later if the generator prob.

j lems require more than crankshaft replacements. t _

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION jy AM 30 p;2 29 BEFORE THE ATOMIC SAFETY AND LICENSIN hIf In the Matter of )

)  !

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322

) (Offsite Dmergency Planning )

(Shoreham Nuclear Power Station,)

Unit 1) )

CERTIFICATE OF SERVICE I hereby certity that copies or " TOWN OF SOUTHAM'PTON REPLY TO SUFFOLK COUNTY'S OBJECTIONS TO SPECIAL PREHEARING CONFERENCE ORDER", dated August 26, 1983, submitted by the Town of Southampton, in the above captioned proceeding, have been served on the following, by deposit in the United States mail, first class, this 26th day or August, 1983, and by Express Mail on those parties whose names are preceded by an asterisk.

• James A. Lau re nson , Chairman Edward M. Barrett, Esq.

Atomic Safety & Licensing Board General Counsel U.S. Nuclear Regulatory Comm. Long Island Lighting Company Washington, D.C. 20555 250 Old Country Road Mineola, N.Y. 11501

• Dr. Jerry R. Kline Atomic Safety & Licensing Board Secretary of the Commission U.S. Nuclear Regulatory Comm. United States Nuclear Washington, D.C. 20555 Regulatory Commission Washington, D.C. 20555 "Mr. Frederick J. Shon Atomic Safety & Licensing board Jeffrey Cohen, Esq.

U.S. Nuclear Regulatory Comm. Deputy Commissioner & Counsel '

Washington, D.C. 20555 Mr. Jay Dunkleberger New York State Energy Ottice

• W. Taylor Reveley, III, Esq. Agency Building 2 Kathy McCleskey, Esq. Empire State Plaza ,

James N. Christman, Esq. Albany, N.Y. 12223 .

Jessine A. Monaghan, Esq.

Hunton & Williams

• James Doug he r ty , Esq.

707 East Main Street 3045 Porter Street P.O. Box 1535 Washington, D.C. 20008 Richmond, Virginia 23212 .

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David J. Gilmartin, Esq. " Herbert H. Brown, Esq. E Attn: Patricia Dempsey, Esq. Lawrence Coe Lanpher, Esq. fe County Attorney Karla J. Letsche, Esq.

Suttolk Co. Dept. ot Law Kirkpatrick, Loc kha r t , Hill, E Veterans Memorial Highway Christopher & Phillips l Hauppauge, N.Y. 11787 1900 M Street, N.W. ,

8th Floor .

MH8 Technical Associates Washington, D.C. 20036 -

1723 Hamilton Ave , Suite K '

San Jose, Ca. 95125 Brian McCatfrey Charles Daverro @

Nora Bredes Long Island Lighting Company SOC Coordinator 175 East Old Country Road 195 East Main Street Hicksville,'N.Y. 11801 Smithtown, N.Y. 11787 Energy Research Group, Inc.

Eleanor L. Frucci, Esq. 400-1 Totten Pond Road Atomic Safety and Waltham, Mass. 02154 Licensing Board Panel U.S. Nuclear Regulatory Comm.

• Bernard M. Borcenick, Esq.

Washington, D.C. 20555 Edwin J. Reis, Esq.

David A. Repka, Esq.

Atomic Safety and Licensing Counsel for NRC Staff Appeal Board Panel U.S. Nuclear Regulatory Comm.

U.S. Nuclear Regulatory Comm. Washington, D.C. 20555 Washington, D.C. 20555 Jonathan D. Feinberg, Esq.

Lucinda Low Swartz , Esq. State of New York Pacif ic Legal Foundation Depa rtment of Public Service 1990 M Street, N.W., Suite 550 Three Empire State Plaza Washington, D.C. 20036 Albany, N.Y. 12223 Stewart M. Glass, Esq. Samuel J. Chilk, Secretary Reg ional Counsel Docketing and Service Station Spence Perry, Esq. U.S. Nuclear Regulatory Comm. I*

Associate General Counsel Washington, D.C. 20555 ,

Federal Emergency  ;

• Ralph Shapiro, Esq. i i Management Ag ency l 26 Federal Plaza Cammer and Shapiro, P.C. '

f New York, N.Y. 10278 9 East 40th Street i New York, N.Y. 10016

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Stepne 6. Latham Da te d : Riverhead, New York August 26, 1983 d