ML20091K024
| ML20091K024 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/04/1984 |
| From: | Mcmurray C KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20091K030 | List: |
| References | |
| OL-3, NUDOCS 8406060377 | |
| Download: ML20091K024 (3) | |
Text
W3 RELATED CORRESPONomCE 00CKETED UNITED STATES OF AMERICA UMC NUCLEAR REGULATORY COMMISSION
'84 Ji3 -6 A 9 59 Before the Atomic Safety and Licensing Board U P..
wt L t. '. i. ('j ' y,. S E F
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In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-3
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(Emergency Planning)
(Shoreham Nuclear Power Station,
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Unit 1)
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MOTION FOR' RECONSIDERATION On Friday, June 1, 1984, following cross-examination of the County's panel on Contentions 24.J, 24.N, 60, 63 and 72, LILCO moved the Board for leave to offer rebuttal testimony on a number of issues related to special facilities and ragistration of the handicapped.
One of the express purposes behind LILCO's motion was to introduce into the record LILCO draft proposals for pro-tective actions for various spectal facilities within the EPZ.b!
Tr. 9912.
Over the County's objections, the Board granted LILCO's motion, scheduling the rebuttal testimony for Tuesday, June 5, 1984.
The County submits that the Board's ruling, permitting LILCO to introduce its draft proposals for special 1/ LILCO had previously attempted to introduce the draft pro-posals, marked as LILCO exhibits EP 38-47, into the record through the County's own witnesses.
The Board, however, denied LILCO's motion to admit the draft proposals into evidence on grounds that LILCO had failed to lay a proper foundation for their admission.
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facilities through rebuttal testimony, is in error.
The County therefore moves this Board for reconsideration of its July 1 ruling.
LILCO's effort to introduce its draft proposals into the record of this proceeding constitutes an improper attempt to supplement its direct case.
LILCO has presumably known for some time that the proposals existed or would exist.
Thus, LILCO could have, and should have, moved some time ago to supplement its direct testimony upon a proper showing of good cause.
This is the only proper way for a party to supplement or amend its direct testimony.
LILCO, however, has made no such motion.
Furthermore, LILCO's proposed rebuttal testimony is improper because it rebuts nothing.
The County's witnesses have testified that no plans exist for the protection of the special facilities at issue.
Counsel for LILCO was unable to represent that LILCO's proposals were, in fact, plans adopted and approved by the special facilities.
Tr. 9925-9927.
Counsel for LILCO repre-sented only that LILCO is communicating with some special facili-ties.
Tr. 9927.
However, the fact that LILCO may be in the process of contacting special facilities fails to rebut the County's testimony.
Thus, LILCO has shown no good cause for presenting rebuttal testimony.
Furthermore, such testimony merely repeats similar assertions of ongoing communication found 6
3-l l
in the LILCO witnesses' direct testimony.
See LILCO Dir ect Testimony on Contentions 24.J, N,
72.C, D,
and 96.B at 8, 26 and 29, ff. Tr. 9017.
The County is prepared to present oral argument on this motion on Tuesday morning, June 5, 1984, when the hearing recon-venes in Hauppauge.
Conclusion For the reasons stated above, the Suffolk County's Motion For Reconsideration should be granted and LILCO's motion to pre-sent rebuttal testimony for the purpose of introducing LILCO's draft propos21s for special facilities should be denied.
Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney H.' Lee Dennison Building Veterans Memorial Highway Hauppauge, New York 11788 Lawrence C6e Lanpher'
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Karla J. Letsche Michael S. Miller Christopher M.
McMurray KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, NW Washington, DC 20036 Attorneys for Suffolk County Dated:
June 4, 1984
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