ML20081D949

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Joint Status Rept Re Matters in ASLB 831013 Scheduling Order.Repts Scheduled for Filing on 831102 Should Be Deferred Until 831122.Contingent Date of 831201 for Conference of Counsel Suggested.Certificate of Svc Encl
ML20081D949
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 10/28/1983
From: Lanpher L
KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:
References
ISSUANCES-OL-3, NUDOCS 8311010405
Download: ML20081D949 (6)


Text

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10/28/83 00LKETE0 USNPC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'83 NT 31 A10:05 Before the Atomic Safety and Licensing Board CFFl7 CF SEL u U UCCKLliNU & SN BRANCH

)

In the Matter of

)

l

)

LONG ISLAND LIGHTING COMPANY

)

Docket No. 50-322-OL-3

)

(Emergency Planning)

(Shoreham Nuclear Power Station,

)

Unit 1)

)

)

JOINT STATUS REPORT After conference calls with the Licensing Board on October 24 and 25 regarding emergency planning scheduling matters, the parties,1! as requested by the Board, have conferred regarding the matters set forth in the Board's October 13, 1983 Order Scheduling

~

Conference of Counsel.

The parties report as follows:

1.

The reports now scheduled to be filed on November 2, 1983 should be deferred until November 22, 1983.

It is felt that after the filing of testimony on November 18, the parties should be in a better position to provide precise answers to the matters.

raised in items la-1f of the Board's October 13 Order.

2.

The parties, as they have already been doing, will j

continue to update their lists of witnesses and the contentions on m5 W L o

1/

The parties referenced above.are LILCO, the NRC Staff, and 8

Suffolk County.

Suffolk County counsel is attempting to discuss L

this report with SOC, NSC, and the Town of Southampton, and will g$

advise the Board if there is any disagreement.

su 00 2/

The parties have also been conferring regarding the Board's g

oc suggestion that cross motions for summary disposition be submitted O

on or about December 15, 1983 on' Contentions 1-10.

The parties Q) will report to the Board on these discussions in the near future.

50'3 4

. which they will testify.

Such updates will be made as soon as decisions are made by any party to change the lists of witnesses which already have been exchanged.

The November 22 reports will confirm any changes made prior to that time.

3.

The parties have discussed at some length item lf of the Board's October 13 Order (the " stipulation or recommendation concerning the order or sequence of contentions at hearing

.").

This discussion has necessarily been somewhat speculative, since the testimony on contentions 23 (shadow effect), 25 (role conflict), and 65 (evacuation time estimates) is just now being prepared.

The County has indicated its preliminary view that the role conflict contention be considered first, with the shadow effect and evacuation time estimates contentions

't considered thereafter.

LILCO ha's indicated its preliminary view that so-called behavioral issues from all three contentions be tried first (this would cover parts A and B of Contention 23, all of contention 25, and parts C.2 and F of contention 65) and so-called traffic issues (parts C, D and H of contention 23 and parts A,

B, C.1, C.3, C.4, D,

E. G, and H of contention 65) be tried second, or that, in any event, the traffic modeling aspects of the contentions on shadow effect and evacuation time estimates be tried together.

The parties agreed that further discussion of this matter is appropriate and should be reported to the Board in the November 22 filings.

All parties are instructing the witnesses on contentions 23, 25 and 65 to be available in the December 6-16 time frame.

4

., Accordingly, the parties foresee no problem in ensuring the presence of all necessary witneses when the trial goes forward, regardless of the precise sequence of testimony which finally is decided upon.

4.

There is presently no need for a prehearing conference on November 9.

The need, if any, for such a conference will become apparent after the November 22 filings.

The parties suggest that the Board set aside December 1, 1983 as a contingent i

date for a conference of counsel.

The parties agree to advise the Board on or before November 29, 1983 regarding their views on l

whether any such conference is necessary.

The parties have authorized counsel for Suffolk County to submit this report on all parties' behalf.

Re'spectfully submitted, David J. Gilmartin Patricia A. Dempsey Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 M

1 Herbert H.

Browd

/r 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 October 28, 1983

_m l

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

)

l In the Matter of

)

7

)

LONG ISLAND LIGitTING COMPANY

)

Docket No. 50-322-OL-3 l

)1 (Emergency Planning)

(Shoreham Nuclear Power Station,

)

Unit 1)

)

)

CERTIFICATE OF SERVICE I hereby certify that copics of JOINT STATUS REPORT, dated October 28, 1983, have been served to the following this 28th day of October 1983 by U.S. mail, first class, except as otherwise noted.

James A.

Laurenson, Chairman

  • Ralph Shapiro, Esq.

i 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

  • lloward L..Blau, Esq.

Administrative Judge 217 Newbridge Road Atomic Safety and Licensing Board Ilicksville, New York.

11801 U.S. Nuc1 car Regulatory Commission Washington, D.C.

20555 W.

Taylor:Reveley, III, Esq.

Ilunton a Williams P.O.

Box 1535 707. East Main: Street Mr.. Frederick J. Shon

-23212 l

Administrative Judge

'Mr.' Jay D'nkleberger j

_ Atomic Safety and Licensing Board u

l U.S. Nuclear Regulatory' Commission New York State Energy Office L

Washington, D.C.

20555

' Agency Building 2 L

Empire. State Plaza Edward M.

Barrett, Esq.

Albany, New' York

'12223 General' Counsel Long Island Lighting-Company James B. Dougherty,e Esq.

250 Old Country Road 3045 Porter Street, N.W.

Mineola, New York

.11501 Washington, D.C.

720008 l

l l

j e

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 David J. Gilmartin, 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 Boar'd 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 i

I

. Stewart M. Glass, Esq.

Regional Counsel Federal Emergency Management Agency 26 Federal Plaza, Room 1349 New York, New York 10278 Nora Bredes Executive Director Shoreham Opponents Coalition 195 East Main Street Smithtown, New York 11787 Eleanor L.

Frucci, Esq.*

Atomic Safety and Licensing Board Panel U.S.

Nuclear Regulatory Commission Washington, D.C.

20555 Spence Perry, Esq.

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

20472 2_M!

Lawrence Coe Lanpher KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.,

Suite 800 Washington, D.C.

20036 DATE:

October 28, 1983 By Hand

.