ML20080E756

Motion to Change Emergency Planning Schedule Confirmed in ASLB 840201 Order.Fema Findings & Determinations on Plan Will Not Be Available Until 840301.Certificate of Svc Encl

ML20080E756
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/08/1984
From:	Lanpher L KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL-3, NUDOCS 8402100123
Download: ML20080E756 (7)

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DOLKrTED US c 2/8/84 UNITED STATES OF AMERICA 84 8 -9 A10:08 NUCLEAR REGULATORY COMMISSION CF A J TF 5: Uit TA Before the Atomic Safety and Licensing Board 00ChEithG & SEir ,

BRANCH

)

In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

SUFFOLK COUNTY MOTION TO CHANGE SCHEDULE By Order Confirming Schedule Changes (" Order"), dated February 1, 1984, the Licensing Board confirmed the emergency planning schedule which had been announced by the Board at the conclusion of the hearing on January 27, 1984. The schedule specified that all parties would file Group II testimony on March ~

2, 1984. This March 2 filing date was premised, at least in part, on statements by FEMA counsel that FEMA expected to submit its RAC review to the NRC (and hence to other parties as well) by February 7 and would then need approximately three weeks thereafter to pre--

pare and file its Group II direct testimony. See Order at 1; Tr.-

3639.b!

By letter dated February 1, 1984, the NRC Staff advised the Board and parties that the FEMA findings and determinations on the

'l/ The-previous schedule specified that-Group II testimony would l be filed February 14, 1984. Under that previous schedule, the Board and parties had expected the RAC review to be available on February 1, 1984.

Adc ,. J. Garn 8402100123 840208

DRADOCK 05000 2 l)( -

e LILCO Plan -- the FEMA RAC review -- will not be available until March 1, 1984. In conversations with FEMA counsel, we understand that FEMA will require approximately two weeks beyond March 1 --

or until about March 14, 1984 -- in order to prepare its Group II testimony.

Suffolk County believes that the changed availability of the FEMA RAC review and FEMA's inability to meet a March 2 testimony filing date necessitates approximately a two week change in the Group II schedule for submission of testimony and for the events which follow testimony submission. Accordingly, the County moves this Board to amend the Order and to establish the following Group II schedule:

March 14 All parties file Group II testimony March 21 Motions to strike testimony March 28 Responses to motions to strike cross-examination plans April 3 Hearing begins on Group II issues Suffolk County's reasons for seeking this schedule change are substantially the same as those previously stated when matters concerning the FEMA RAC review and scheduling have been con-i sidered. See, e.g., Tr. 728-29, 752-54, 3640. Accordingly, the l l

Ccunty will be brief in setting forth its position here.

First, basic fairness dictates that each party in this pro-ceeding should file its testimony on particular issues at the same

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time. It is now apparent that the NRC Staff will be unable to file testimony by its FEMA witnesses on March 2 and, in fact, will need until approximately March 14 to file testimony. The FEMA witnesses will contribute the bulk of the Staff's testimony on j

Group II issues. Tr. 730. Since the Staff clearly will need extra time, all parties should be given the same extension.S!

There is no justification for giving special filing dispensation

-- or extra time -- to one party but not to others.

Second, there is a real need for all the parties other than

, FEMA to have an opportunity to review the FEMA findings and determinations prior to submittal of testimony. These findings carry special evidentiary weight under the NRC's rules -- the so-called rebuttable presumption. 10 C.F.R. S 50.47(a)(2). If a party is to be in a position to support or rebut the FEMA find-ings, it must have them at least two weeks in advance of the testimony filing date.d! Under the current schedule, however, the FEMA findings on the LILCO Plan are only scheduled to be available on March 1, the day before testimony presently is due to'be filed.

Clearly, the schedule must be changed to allow an adequate period 2/ The County expects that the Staff in due course would have filed a motion for an extension of time, thus complying with this Board's prior instructions. Tr. 2227. Fcr there to be orderly planning and efficient use of resources, the County is seeking this extension immediately, rather than wait until almost March 2.

3/ Once counsel receive the FEMA findings, they must be Histributed to each consultant; they must then be reviewed and discussed; decisions must.be made whether to address particular findings in testimony or to alter draft testimony in view of-the findings; and then the testimony relating to the FEMA findings-must be actually prepared, reviewed and finalized. A two-week i period is the absolute minimum which could be deemed adequate to accomplish these tasks, particularly since the FEMA ~ findings on Group II issues will relate to over 50 separate contentions.

to review the findings and to address them in the prefiled testi-mony.d/

The County respectfully requests the Board to give early consideration to this Motion.

Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788

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a Rbv2.4 w u 2 . -~A~ w,fy Herbert H. Brown Lawrence Coe Lanpher Karla J. Letsche KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 Attorneys for Suffolk County February 8, 1984 4/ If the parties are unable to address the rebuttable pre-sumption in the direct testimony, all the parties except FEMA will have to file supplemental or rebuttal testimony on all issues in order to address the FEMA findings. It appears far more prefer-able and orderly to have all parties address the FEMA data in their initial testimony.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board

)

In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies ~of SUFFOLK COUNTY MOTION TO CHANGE SCHEDULE, dated February 8, 1984, have been served to the following this 8th day of February 1984 by U.S. mail,' first class, except as otherwise noted.

James A. Laurenson, Chairman

• Ralph Shapiro, Esq.

- Atomic Safety and Licensing Board Cammer and Shapiro U.S. Nuclear Regulatory Commission 9 East 40th Street Washington, D.C. 20555' New York, New York 10016 Dr. Jerry R. Kline

• HowardIL. Blau,'Esq.

Administrative Judge 217 Newbridge Road Atomic Safety and Licensing Board .Hicksville, New< York 11801 U.S. Nuclear Regulatory Commission . . .

Washington, D.C. 20555 W. Taylor Reveley, III, Esq.#

Hunton & Williams P.O. Box 1535 707 East Main Street Mr. Frederick J. Shon

• Richmond, Virginia 23212 Administrative Judge' Atomic Safety and Licensing Board Mr. JayLDunkleberger U.S. . Nuclear Regulatory-Commission. 'New York State Energy Office Washington,.D.C. 20555 AgencycBuilding 2 Empire State Plaza Edward M. Barrett, Esq. . Albany,-New. York 12223 General Counsel Long Island Lighting Company ' James B. Dougherty,.Esq.

250 Old Country Road 3045' Porter Street,EN.W.

Mineola, New York 1 11501 Washington, D.C. -20008

Mr. Brian McCaffrey Stephen B. Latham, Esq.

Long Island Lighting Company Twomey, Latham & Shea 175 East Old Country Road P.O. Box 398 Hicksville, New York 11801 33 West Second Street Riverhead, New York 11901 Jeff Smith Marc W. Goldsmith Shoreham Nuclear Power Station Energy Research Group, Inc.

P.O. Box 618 400-1 Totten Pond Road North Country Road Waltham, Massachusetts 02154 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 F. Cohalan Suffolk County Executive Martin Bradley Ashare, Esq. H. Lee Dennison Building Suffolk County Attorney Veterans Memorial Highway H. Lee Dennison Building Hauppauge, New York' 11788

-Veterans Memorial ~ Highway  ;

Hauppauge, New York 11788 ,

Atomic Safety and Licensing Board Ezra I. Bialik, Esq.

Panel Assistant Attorney General U.S. Nuclear Regulatory Commission Environmental Protection Washington, D.C. 20555 Bureau New York State Department-.-

Docketing and Service Section of Law Office of the Secretary' 2 World-Trade Center U.S. Nuclear Regulatory Commission New York, New York 10047 1717 H Street, N.W.

Washington, D.C. 20555 Atomic-Safety and Licensing Appeal Board Bernard M. Bordenick,-Esq.* U.S. Nuclear Regulatory-David-A. Repka, Esq. ~ Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555

~ Jonathan D.. Feinberg,.Esq.#

Stuart Diamond Staff Counsel Environment / Energy Writer New York State Public NEWSDAY Service Commission-Long Island, New York 11747 3 Rockefeller Plaza-Albany, New York. 12223 -

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i Stewart M. Glass, Esq. Gerald C. Crotty, Esq.

Regional Counsel Counsel to the Governor Federal Emergency Management Executive Chamber

Agency State Capitol 26 Federal Plaza, Room 1349 Albany, New York 12224 4

New York, New York 10278 Fabian Palomino, Esq.#

Nora Bredes Special Counsel to the

Executive Director Governor Shoreham Opponents Coalition Executive Chamber 195 East Main Street Room 229 Smithtown, New York 11787 State Capitol Albany, New York 12224 Eleanor L. Frucci, Esq.*

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 i

( Spence Perry, Esq.

t Associate General Counsel Federal Emergency Management Agency Washington, D.C. 20472

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Lawrence Coe Lanpher -

KIRKPATRICK,'LOCKHART, HILL, CHRISTOPHER.&-PHILLIPS-1900 M Street, N.W., Suite 800-Washington, D.C., 20036 DATE: February;8, 1984 4

• By Hand

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