ML20092B688
| ML20092B688 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/18/1984 |
| From: | Zahnleuter R NEW YORK, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| OL-3, NUDOCS 8406200329 | |
| Download: ML20092B688 (6) | |
Text
.l 76< RELATED CORRESPONDENCE, 00tKETED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 84 Jim 20 NO O ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges James A. Laurenson, Chairman p
Dr. Jerry R. Kline Mr. Frederick J. Shon In the Matter of LONG ISLAND LIGHTING COMPANY rge i
(S eh m Nuclear Power Station' June 4
)
RESPONSE OF GOVERNOR MARIO M. COOMO, REPRESENTING THE STATE OF NEW YORK, IN OPPOSITION TO "LILCO 'S MOTION TO FILE SURREBUTTAL TESTIMONY ON PHASE II EMERGENCY PLANNING CONTENTION 67" The State of New York hereby opposes the LILCO motion identified above.
LILCO's motion should be denied for several reasons, the most important of which is that LILCO's motion flagrantly violates the Board's order of March 16, 1984.
In denying the State's motion for leave to file rebuttal
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testimony concerning Contention 65, the Board stated on lines 17-19 on page 6,
"[W]e do not expect to entertain written motions to submit rebuttal testimony.
Such requests will be dealt with orally, on the record, and at the hearing."
During the hearing on March 20, 1984, the Board emphasized the'need for strict adherence to this procedural rule concerning rebuttal testimony:
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. I want to direct everyones attention to the problem that has been presented with the request to file rebuttal testimony in the fashion that we adopted.
It just hasn't worked.
We have had a lot of rebuttal testimony filed.
We have had extensive briefs on both sides.
It is taking too much of your time, and too much of our time.
To that end, I want to direct everyone's attention to the last two sentences on Page 6 before we get to the Order provision.
I will read them:
To avoid these problems in the future, we do not expect to entertain written Motions to submit rebuttal testimony.
Such requests will be dealt with orally, on the record, and at the hearing, unquote.
That means that from now on when we finish each contention or cluster as we are going through them, you will have to keep your witnesses here until all witnesses are finished if you expect to present rebuttal testimony.
If you do so, you will have to make an oral motion at the time.
We will consider arguments on that, and we will decide immediately, and the witnesses will either testify, or they will not.
This filing of these extensive briefs and arguments back and forth is just not a productive use of anyone's time.
So, we are going to abandon the written testimony aspect of the Rebuttal.
We will deal with it contention by contention, as we go through the rest of the case.
1.' that is a change that we have adopted, and we wanted to make sure that everyone is aware of that before we start into any new testimony tcday.
(Emphasis added). Tr. 3900,3901.
LILCO had an opportunity on May 8, 1984, after:the completion ot Professor Herr's surrebuttal testimony on 1
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Contention 67, to make an oral motion to submit further rebuttal testimony.
However, LILCO failed to make such a motion.
Tr. 8532, 8533.
Likewise, LILCO remained silent on May 9, 1984 when,after the completion of all testimony on contention 22.D.,
the Board stated, "That then completes the schedule on Group 2-A issues, except for the ones that are going to have to be rescheduled at a later time.... (Emphasis added).
Tr. 8756, lines 8-10.
By filing its written motion on June 4, 1984, LILCO has reinstituted the practice of filing extensive briefs and arguments concerning rebuttal testimony.
LILCO's motion results in-the unproductive use of everyone's time and it 1
flagrantly violates the Board's order of March 16, 1984.
For these reasons and for the reasons stated in Suffolk County's response to LILCO's-motion, LILCO's motion should be denied.
Respectfully submitted, i
~MARIO CUOMO-Governor of the State of New York FABIAN
- PALOMINO, ESQ.
Special Counsel to the Governor of the State of New York f
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B r_ h. k i ' p' Y
.A W
RICHARD J. AAH EUT @ ial Counsel
,.ESQ.
Assistant (o ds spdc a
to the--Gov nor of the State of New York Albany, New-York
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before' Administrative Judges James A. Laurenson, Chairman Dr. ' Jerry R. Kline Mr. Frederick J.
Shon
)
In the Matter of
)
)
Docket No. 50-322-OL-3 LONG ISLAND LIGHTING COMPANY
)
(Emergency Planning Proceeding)
)
(Shoreham Nuclear Power Station, )
June 18, 1984 Unit 1)
)
)
)
CERTIFICATE OF SERVICE I hereby certify that one copy of the RESPONSE OF GOVERNOR MARIO M. CUOMO, REPRESENTING THE STATE OF NEW YORK, IN OPPOSITION TO "LILCO's motion to file surrebuttal testimony on Phase II Emergency Planning Contention 67" has been served to each of the following this 18th day of June, 1984 by U. S. Mail, first class, except as otherwise noted:
James A. Lau'renson, 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 Dr. Jerry R. Kline***
Howard L. Blau, Esq.
Administrative Judge 217 Newbridge Road Atomic Safety and Licensing Board Hicksville, New York 11801 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 W. Taylor Reveley III, Esq.***
Hunton & Williams Mr. Frederick J. Shon***
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
4 Mr. Jay Dunkleberger Marc W. Goldsmith New York State Energy Office Energy Research Group, Inc.
Agency Building 2 400-1 Totten Pond Road Empire State Plaza Waltham, Massachusetts 02154 Albany, New York 12223 MHB Technical Associates Mr. Brian McCaffrey 1723 Hamilton Avenue, Suite K Long Island Lighting Company San Jose, California 95125 Shoreham Nuclear Power Station P. O. Box 618 Honorable Peter F. Cohalan North Country Road Suffolk County Executive Wading River, New York 11792 H. Lee Dennison Building Veterans Memorial Highway Martin Bradley Ashare, Esq.
Hauppauge, New York 11788 Suffolk County Attorney H. Lee Dennison Building Ezra I. Bialik, Esq.
Veterans Memorial Highway Assistant Attorney General Hauppauge, New York 11788 Envirommental Protection Bureau New York State Department of Law Atomic Safety and Licensing 2 World Trade Center Board Panel New York, New York 10047 U.S. Nuclear Regulatory Commission Washington, D. C.
10555 Atomic Safety and Licensing Appeal Board Docketing and Service Section U.S. Nuclear Regulatory Commission Office of the Secretary Washington, D.
C.
20555 U.S. Nuclear Regulatory Commission 1717 H Street, N.W.
Stewart M.. Glass, Esq.
Washington, D. C.
20555 Regional Counsel Federal Emergency Management Bernard M. Bordenick, Esq.***
Agency David A. Repka, Esq.
26 Federal Plaza, Room 1349 U.S. Nuclear Regulatory Commission New York, New York 10278 Washington, D. C.
20555 Stuart Diamond Nora Bredes Environment / Energy Writer Executive Director NEWSDAY Shoreham opponents coalition Long Island, New York 11747 195 East East Main Street Smithtown, New York 11787 Stephen B. Latham, Esq.
Twomey, Latham & Shea Eleanor L. Frucci, Esq:***
P. O. Box 398 Atomic Safety and Licensing 33 West Second Street Board Panel Riverhead, New York '11901 U.S. Nuclear Regulatory Commission Washington, D. C.
20555
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- Herbert H. Brown, Esq.***
Lawrence Coe Lanpher, Esq.
Karla J.
Letsche, Esq.
1900 M Street, N. W., Suite 800 Washington, D. C.
20036 Spence Perry, Esq.
Associate General Counsel Federal Emergency Management Agency Washington, D. C.
20472 l
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RICHARD J. Z E
ER] l Counsel Assistant to he ecJa to the Governor o'r the State of New York Executive Chamber State Capitol Albany, New York 12224
- By Hand
- By Federal Express
- By Telecopier on June 18, 1984 and by U. S. Mail, first class on June 18, 1984
- By U.S. Express Mail Albany, New York 9
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