ML20084B925

Response to Lilco 840413 Motion to Set Deadline for Submission of New Contentions Re Radiological Action Committee Review.Proposal Absurd

ML20084B925
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	04/23/1984
From:	Letsche K KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20084B927	List: ML20084B925 ML20084B929
References
OL-3, NUDOCS 8404260463
Download: ML20084B925 (3)

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w. s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION hjf[ED Before the Atomic Safety and Licensing Board g APRgg c?r.. .

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) f3 In the Matter of ) CCh)l7llN[fego,S/-

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

SUFFOLK COUNTY RESPONSE TO LILCO'S MOTION TO SET DEADLINE FOR SUBMISSION OF NEW CONTENTIONS RELATING TO RAC REVIEW On April 13, 1984 LILCO filed a pleading entitled "LILCO's Motion to Set Deadline for Submission of New Contentions Relating to RAC Review" (hereinafter referred to as the " Motion"). This is Suffolk County's response to that Motion.

In the County's view, LILCO's Motion, and its premise that the County would seek to file separate contentions about the RAC .e Review in this proceeding are absurd. The County has never heard of a party to an.NRC proceeding, which involves admitted emer-gency planning contentions, filing separate contentions on either FEMA findings, or on the evidence upon which FEMA witnesses base their opinions regarding existing contentions. Contentions are filed concerning an Applicant's plan and alleged noncompliance with NRC regulatory requirements. Thus, the County cannot.

conceive how a Board would'ev.en consider entertaining contentions P

on the RAC Review.-

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o As is clear from the preceding, it had never occurred to the

County to file new contentions in this proceeding relating to the RAC Review, and the County has no intention of doing so. Accord- -

ingly, in the County's view either LILCO should withdraw its Motion, or the Board should simply deny it on the ground that it.

is without any basis.

Similarly, the County does not understand the point of -

LILCO's comments in its Motion about the Cdunty's discovery con-l cerning FEMA. We note that any such discovery will be directed to admitted contentions and the RAC Review's relation to those 9 contentions. The County certainly does not need separate RAC Review contentions in order to pursue lsuch discovery. . In any event, LILCO's comments.are premature. The. County only filed its '

FEMA discovery requests on' April 20,.a week after LILCO filed its Motion. We were unable to file such requests any earlier because we were awaiting receipt of the FEMA testimony and-background /

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scheduling information from FEMA's-counsel, both of which.were

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-necessary to a determinationLof what discovery would be ,

required.1! ,

The County. intends to pursue the discovery.necessary to enable'us1to cross examine and rebut the' FEMA testimony that has' .

been submitted in.this' proceeding. The County's previous-efforts 1/The. April 9,l1984, letter attached to the LILCOLMotion .

- represents = the County's : initial contact' with FEMA counsel concerning; discovery. - It'merely requests that.there be a ~

discussion of the identities:of witnesses and possible availability ~ dates,.so' decisions on' discovery and its scheduling.

1could be made on'an-informed basis.

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to pursue such discovery last Fall were futile because the FEMA personnel had not reviewed the LILCO Plan. Accordingly, this is the first opportunity for any meaningful discovery of FEMA. The County intends to complete this discovery in a timely manner, i.e., before the scheduled-May 29 appearance of the FEMA wit-nesses for cross examination.

Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 H6ritert H. Brown g Lawrence Coe M pher Karla J. Letsche KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street,-N.W.

Washington, D.C._ 20036 Attorneys for Suffolk County Dated: April 23, 1984 1

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