ML20080J668
| ML20080J668 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/08/1984 |
| From: | Palomino F NEW YORK, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8402150164 | |
| Download: ML20080J668 (5) | |
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UNITED STATES OF AMERICA t,ggg q p NUCLEAR REGULATORY COMMISSION L.,;
Before the Atomic Safety and Licensing Board
'84 FC 14 AH :25
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tm In the Batter of
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d' M' LONG ISLAND LIGHTING COMPANY Docket No. 50-322-OL-
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(Shoreham Nuclear Power Plant,))
Unit 1)
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RESPONSE OF GOVERNOR MARIO CUOMO, REPRESENTING THE STATE OF NEW YORK, TO SUFFOLK COUNTY'S MOTION TO ADMIT SUPPLEMENTAL DIESEL GENERATOR CONTENTIONS The State of New York suoports Suffolk County's Motion to Admit Supplemental Diesel Generator Contentions, dated January 27, 1984.
For the reasons stated in that Motion, all of the five l
factors of 10 C.F.R. Section 2. 714 (a) (1) weigh in favor of granting the Motion.
Moreover, the matters set forth in Suffolk County's supplemental EDG contentions are of substan-f tial safety significance which might materially affect the outcome of these proceedings, and have been raised in a timely manner, as shown by the Motion.
The bases for each of Suffolk County's supplemental EDG contentions are set forth with reasonable specificity.
The State of New York has a substantial interest in the important safety issues raised by the many problems associated wLth the emergency diesel generators at Shoreham, and urges that Suffolk County's Motion be granted.
8402150164 840208 PDR ADOCK 05000322
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. The increased horsepower of the diesel engines concerned without basic redesign, coupled with the initial design defects and manufacturing defects make it manifest that they are inade-quate for the purposes intended.
These fundamental deficiencies cannot be overcome by repair and replacement.
This has been demonstrated beyond peradventure by the substantial nature of engine parts which have failed in the past -- crankshafts, pistons, cylinder heads, connecting rod bearings -- and undoubtedly will fail in the future.
For these reasons as well as those stated in the Motion, Llie State of New York agrees with Suffolk County's position that litigation of the supplemental EDG contentions should not be fragmented and should not commence until the evaluations by the NRC Staff of the diesels and of Transemerica Delaval's quality assurance program have been completed and reviewed bv the carties.
There is no legitimate reason to require tnat testimony be filed and litigation commence before all of the relevant facts and analyses have become known.
Respectfully submitted, MARIO CUOMO, Governor of the State of New York
^
Fabian G.
Palomino Special Counsel to the Governor of the State of New York DATED:
February 8, 1984
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges Lawrence J.
Brenner, Esq.
Dr. George A. Ferguson Dr. Pr,or A. Morris
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In the Matter of
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Docket No. 50-322-OL LONG ISLAND LIGHTING COMPANY
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(Shoreham Nuclear Power Station, )
Unit 1)
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February 8, 1984
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CERTIFICATE OF SERVICE I hereby certify that one copy of the RESPONSE OF GOVERNOR MARIO CUOMO, REPRESENTING THE STATE OF NEW YORK, TO SUFFOLK COUNTY'S MOTION TO ADMIT SUPPLEMENTAL DIESEL GENERATOR CONTENTIONS has been served to each of the following this 8th day of February 1984 by U.S. Mail, first class, except as otherwise noted:
Lawrence J.
Brenner, Esq. **
- Ralph Shapiro, Esq.
Administrative Judas 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 Dr. George A.
Ferguson ***
Howard L.
Blau, Esq.
Administrative Judge 217 Newbridge Road Atomic Safety and Licensing Board Hicksville, New York 11301 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 W. Taylor Reveley III, Esq. ***
Hunton & Williams Dr. Peter A. Morris ***
P.
O. Box 1535 Administrative Judge 707 East Main Street Atomic Safety and Licensing Board Richmond, Virginia 23212 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 M.
Jay Dunkleberger New York State Energy Office Edward M. Barrett, Esq.
Agency Building 2 General Counsel Empire State Plaza Long Island Lighting Company Albany, New York 12223 250 Old Country Road Mineola, New York 11501 James B.
Dougherty, Esq.
3045 Porter Street, N. W.
Washington, D.
C.
20008
r Mr. Brian McCaffrey Stephen B.
Latham, Esq.
Long Island Lighting Company Twomey, Latham & Shea 175 East Old Country Rodd P. O. Box 398 Hicksville, New York 11801 33 West Second Street Riverhead, New York 11901 Jeff Smith Shoreham Nuclear Power Station Marc W. Goldsmith P. O.
Box 618 Energy Research Group, Inc.
North Country Road 400-1 Totten Pond Road Wading River, New York 11792 Waltham, Massachusetts 02154 Joel Blau, Esq.
MHB Technical Associates New York Public Service Commission 1723 Hamilton Avenue The Governor Nelson A.
Rockefeller Suite K Empire State Plaza, Building 3 San Jose, California 95125 Albany, New York 12223 Honorable Peter F. Cohaian Martin Bradley Ashare, Esq.
Suffolk County Executive Suffolk County Attorney H. Lee Dennison Building H.
Lee Dennison Building Veterans Memorial Highway Veterans Memorial Highway Hauppauge, New York 11708 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 Law Washington,-D. C.
20555 2 World Trade Center New York, New York 10047 Docketing and Service Section Office of the Secretary Atomic Safety and Licensing U.S.
Nuclear Regulatory Commission Appeal Board 1717 H Street, N.W.
U.S. Nuclear Regulatory Commission Washington, D.
C.
20555 Washington, D. C.
20555 Stuart Diamond Jonathan D.
Feinberg, Esq.
Environment / Energy Writer Staff Counsel U.S.
Nuclear Regulatory Commission New York State Public Service Washington, D.
C.
20555 Commission 3 Rockefeller Plaza Albany, New York 12223 Richard J. Goddard, Esq.
U. S. Nuclear Regulatory Commission Washington, D.C.
20555
Stewart M.. Glass, Esq.
Herbert H.
Brown, Esq.
Regional Counsel Lawrence Coe Lanpher, Esq.
Federal Emergency Management Koela J.
Letsche, Esq.
Agency 1900 M Street, N.U.,
Suite 800 26 Federal Plaza, Room 1349 Washington, D.
C.
20036 New York, New York 10278 Robert E. Smith Guggenheimer & Untermyer 80 Pine Street New York, New York 10005 y.
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RICHARD J.
3AHN!lUTER Assistant td-thd_Special Counsel to the Governor of the State of New York Executive Chamber State Capitol Albany, New York 12224
- By Hand
- By Federal Express
- By Telecopier Albany, New York February 8, 1984
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