ML20087P116

Comments on ASLB 840330 Notice of Oral Arguments Granting Expedited Treatment to Util Meritless Supplemental Motion for Low Power Ol.Valid Reasons for Expedited Treatment Not Provided.Certificate of Svc Encl

ML20087P116
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	04/03/1984
From:	Lanpher L KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:
References
OL-4, NUDOCS 8404060069
Download: ML20087P116 (8)

Text

. +,

QUEn 4/3/84 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '84 l?R -5 N0 :23 Before the Atomic Safety and Licensing 'Boafd;'a "

..m-

, },u'<

)

In the Matter of )

)

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

)

(Shoreham Nuclear Power Station, )

Unit 1) ) .

PP . I F: C.. Nh. k, + ~

SUFFOLK COUNTY'S COMMENTS ON NOTICE OF ORAL ARGUMENTS On March 30, 1984, this Board issued a Notice of Oral Argu-ments, which stated that at the conference to be held on April 4, 1984, the Board will hear the views of the parties as to a sche-dule for " expedited consideration and determination" of issues raised by LILCO's Supplemental Motion for Low Power Operating License and the responses of the other parties.

Suffolk County questions the basis for the Board's apparent position that the LILCO Motion is entitled to such expedited treatment. LILCO has set forth no valid or legitimate reasons for expedited treatment. To the extent that LILCO's arguments for referral or certification are regarded as arguments for expedited treatment by this Board, the County must have an' opportunity to respond to those arguments. See LILCO Motion at 24-26. In this regard, the County submits that there is no basis for any expe-dited process. The electricity which would be produced by 8404060069 840403 PDR ADOCK 05000322 O PDR

Shoreham will not be needed for at least 10. years, as LILCO itself has admitted in filings with Governor Cuomo's Shoreham Commission.

See' Attachment 1.

Further, there are numerous factual questions which must be investigated before LILCO's new motion is addressed on the merits.

The-investigation of such questions, consistent with satisfying the paramount need to protect public safety, will necessarily involve several steps and take commensurate time- as described in the County's Preliminary Views on Scheduling LILCO's New Motion, dated March 26, 1984. For example, the County's opportunity to conduct appropriate and necessary discovery in order to gain the

-facts that will enable a meaningful response to LILCO's Motion cannot be sacrificed.

The'Countyf-- and presumably the other parties as well --

desires a full and fair hearing on LILCO's Motion. Whether there is justification for expediting the Board's treatment of LILCO's Motion depends on whether there are any special circumstances here. The County knows none, but respectfully submits that the Board direct the parties to address this issue at-the April 4 oral.

argument.

l L

• l I'

Finally, the' County has no objection to setting a schedule for the prompt resolution of the-threshold issues discussed in the County's Preliminary Views, at 8-12.

Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway

. ./ Hauppauge, New York. 11788

~

a-

~s.n. y Herbert H. Brown f

, Lawrence Coe Lanpher

- Alan Roy Dynner KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER'& PHILLIPS 1 -

1900 M Street, N.W., Suite 800 JGashington, D.C. 20036

. . Attorneys for Suffolk County iApril 3, 1984 ,.

wm

'ik.

l' l l I

l -

l .

m.

l.

• e s

• h__a 4'-

f

v ATTACHMENT 1 e

w REPORT OF THE NEW YORK STATE

~

FACT FINDING PANEL .

ON THE U OHOREHAM NUCLEAR POWER FACILITY r

5

• r' ff.;

eye._ ^ p ,

l ...

%  ? ~>*  ;-

1 .

E 1 Honorable Mario M. Cuomo 1

Governor i'

Dr. John H. Marburger, Ill j ,

Chairman u

t Y

[ Stony Brook, New York December 1983 4

r- -

il - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

- +

4 QUESTION 8 - IS SHOREHAM NECDED TO MEET THE REASONABLY FORESEEABLE NEEDS OF r ELECTRICITY CONSUMERS?

L 4 (This response is based upon the Staf f iconomics Report, Appendix 6(a).

- Although the Staf f Report was discussed in regular meetings of the Panel, the specific form of this response was not.)

None of the projections done by LILCO, Suf folk County or the Commission staf f indicate a near term need for Shoreham to meet demand.

LILCO projects that two 400 MW coal units would be necessary, one in 1994 I and another in 1996, if Shoreham is abandoned, .using their load forecast of approximately 1.6 percent per year growth in peak demand.

ESRG, a consultant to Suf folk County, projects that the first replacement coal unit, presuming Shoreham is abandoned, will not be needed until 1998 using a forecasted peak load growth rate of about 0.8 percent per year.

The staff analysis, which incorporated a forecast of peak load growth rate of approximately 1.25 percent per year with Shoreham operating and 1.1 percent I per year with Shoreham not operating, also projects that the first replacement coal unit, if Shoreham is abandoned, will not be required until 1998.

should be noted that the staff projections assume operation of Nine Mile It I Point 2 and development of alternative energy sources, such as solar, wind, refuse, cogeneration, and landfill gas, as well as resonably expected penetrations of conservation, both price-induced and regulation-induced. It should also be noted that, without Shoreham, LILCO will be more heavily dependent on oil-fired capacity during the next 15 years. ,

33

s.

8. Although the evaluation of of f-site emergency preparedness plans is the responsibility of FEMA, the Panel does wish to express reservations about LILCO's ability to implement a plan that achieves an adequate state of preparedness without- the assistance of county government. The State's responsibility for emergency preparedness requries that it pay close attention to the subsequent course of the licensing process to satisfy itself that

.prepcredness is adequate according to its own standards should a license be awarded. -

9. The projections for Long Island's future electrical energy needs on which the Shoreham constructio' sch.edule was originally based were obviously overestimates. The Panel is pec3uaded that ample LILCO generating capacity currently exists to satisfy probable demand for at least the next decade, and probably longer. Such estimates are of course subject to the same uncertainties that cause the original projections to be so wrong. But at this time, it is dif ficult to see how the demand for electricity could be so great as to require a Shoreham-sized plant within a decade or more.

10. Finally, if the plant should eventually receive a license to operate, the public would be well served by an objective inspection program by an independent technical firm acceptable to federal, State and local governments, as well as the utility. Public confidence in the quality of the plant is very low, and further inspections will either reveal problems that should be addressed prior to operation or confirm the assertions of previous inspections that found little cause for concern.

V. Views of Panel Members The following. views were prepared by individuals or groups of Panel members after the formal meetings and-hearings were completed.

None of the following

' statements is supported by every Panel member, but some are supported by more than one member, as indicated. In some cases, these statements contain phrases such as "the Panel believes" or "the Commission feels that" or "the Commission concludes that"... Such phrases should be intercreted as signifying the views only of those whose names are associated with that statement. The Panel did not operate in such a way as to generate a perceptible common viewpoint on any specific issue, except possible for the' carefully worded " General Views" state-ments in the preceding section.

37

1 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 0.L.

) (Low Power)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

CERTIFICATE OF SERVICE

.I hereby certify that copies of SUFFOLK COUNTY'S COMMENT ON NOTICE OF ORAL ARGUMENTS, dated April 3, 1984, have been served to the following this 3rd day of April 1984 by U.S. mail, first class, by hand when indicated by an asterisk, and by telecopier when indicated by two asterisks.

Marshall E. Miller, 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 Mr. Glenn O. Bright

• Bernard M. Bordenick, E'sq.*

Administrative Judge David A. Repka, Esq.

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Com.

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 W. Taylor Reveley, III, Esq.**

Hunton & Williams Ms. Elizabeth B. Johnson

• P.O. Box 1535 Administrative Judge 707 East Main Street l -Atomic Safety and Licensing Board Richmond, Virginia 23212 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. 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 u

O e e a Stewart M. Glass, Esq. Stephen B. Latham, Esq.

Regional Counsel Twomey, Latham & Shea Federal Emergency Management P.O. Box 398 -

Agency 33 West Second Street New York, New York 10278 Riverhead, New York 11901 Mr. Brian R. McCaffrey Long Island Lighting Company Mr. 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 Fabian Palomino, Esq.**

Special Counsel to the Atomic Safety and Licensing Board Governor Panel Executive Chamber U.S. Nuclear Regulatory Commission Room 229 Washington, D.C. 20555 State Capitol Albany, New York 12224 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 Washington, D.C. 20555 Commission Washington, D.C. 20555 Jonathan D. Feinberg, Esq.

Staff Counsel New York State Public Service Commission ,

3 Rockefeller Plaza Albany, New York 12223 { .

y Mr. Stuart Diamond

[ Asua.w 6",. E nsyfu, VLawrence Cce Lanpher n

Environment / Energy Writer KIRKPATRICK, LOCKHART, HILL, NEWSDAY CHRISTOPHER & PHILLIPS Long Island, New York 11747 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 DATE: April 3, 1984