ML20093D433
| ML20093D433 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/11/1984 |
| From: | Lanpher L KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | |
| References | |
| OL-4, NUDOCS 8407160301 | |
| Download: ML20093D433 (5) | |
Text
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7/11/84 UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Boars 34 JJL 13 A11:19.
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In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-4
)
(Low Power)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
SUFFOLK COUNTY REQUEST FOR CLARIFICATION By its Order Establishing Schedule for Resumed Hearing, dated May 31, 1984, this Board set the schedule for further hearings on LILCO's Low Power Motion and on the Application for Exemption.
Suffolk County hereby requests clarification of one aspect of the schedule.
When the prior hearing was halted on April 25, 1984, the County was nearing completion of the examination of LILCO's witnesses it was then in a position to conduct.
The County had examined LILCO's first three panels of witnesses and was prepar-ing-to commence examination of Mr. Museler when the hearing was halted.
See Tr. 552-53, 579-80.
When the hearing resumes, the County wishes not only to cross-examine Mr. Museler, but also to ask additional questions of the other LILCO witnesses.
The pur-pose of this clarification request is to ensure that the County and other parties will have this opportunity.
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As-the' Board certainly is aware, it is the County's position that it did not have an adequate opportunity under the previous schedule to prepare to cross-examine LILCO's witnesses.
The County has previously expressed this view on the record (Tr.
134-35, 149, 259) and the District Court's Temporary Restraining -
Order provides support for this view.
Similarly, the NRC's decision to vacate the earlier schedule, made after the NRC's General Counsel advised the NRC that if the Commission did not "give the court something reasonable" there would be a prelimin-ary injunction,l/ is further support for the view that the County's prior opportunity to cross-examine was not sufficient.
Thus, when the hearing resumes, the County and other parties should have the opportunity to engage in further examination.
Even aside from the foregoing, however, the County needsHan opportunity to examine the LILCO witnesses again because the context of the proceeding has changed.
The NRC, in_CLI-84-8, May 16, 1984, has enunciated additional-criteria which must be met by LILCO, and which were not part of the proceeding during the April examination of witnesses.
These include the question whether operation at low power with;the enhanced LILCO offsite power system will be as safe as operation at low power with fully qualified onsite diesels. -The County is entitled to probe-.
LILCO's witnesses on these new matters.
r The County does not intend to repeat its prior cross-examination and_does.not ask that the hearing start again from-1/
NRC Transcript,' April 26, 1984, ct-11.
scratch.
Rather, the County only seeks clarification that all of f
LILCO's witnesses are to be available for examination when the hearing resumes.
Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 mp nl-H6rbert H.
Brown F Lawrence Coe Lanpher KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 Attorneys for Suffolk County July 11, 1984
/
A i e
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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-OL-4
)
(Low Power)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY REQUEST FOR CLARIFICATION, dated July 11, 1984, have been served on the following this lith day of July 1984 by U.S. mail, first class; by Federal Express when indicated by two asterisks; and by hand on July 12, 1984 when indicated by one asterisk.
Judge Marshall E. Miller, Chairman
- Edward M.
Barrett, Esq.
l Atomic Safety and Licensing Board Long Island Lighting Company U.S.
Nuclear Regulatory Commission 250 Old Country Road Washington, D.C.
20555 Mineola, New York 11501 Judge Glenn O.
Bright
- Honorable Peter Cohalan Atomic Safety and Licensing Board Suffolk County Executive U.S. Nuclear Regulatory Commission H.
Lee Dennison Building Washington, D.C.
-20555 Veterans Memorial Highway Hauppauge, New York 11788 Judge Elizabeth B. Johnson **
Oak Ridge National Laboratory Fabian Palomino, Esq.**
P.O.
Box X, Building 3500 Special Counsel to the Oak Ridge, Tennessee 37830 Governor Executive Chamber, Room 229 Eleanor L. Frucci, Esq.*
State Capitol Atomic Safety and. Licensing Board Albany, New York 12224 U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- W.
Taylor Reveley, III, Esq.
Anthony F. Earley, Jr.,
Esq.
Bernard M.
Bordenick, Esq.*
Robert M. Rolfe, Esq.
1 Edwin J. Reis, Esq.
Hunton & Williams Office of Exec. Legal Director 707 East Main Street U.S. Nuclear Regulatory Commission Richmond,_ virginia 23212 Washington, D.C.
20555
e
.. p.
-Mr. Martin Suubert James Dougherty, Esq.
c/o Cong. William Carney 3045 Porter Street, N.W.
1113 Longworth House Office Washington, D.C.
20008 Building Washington, D.C.
20515 Mr. Brian McCaffrey Long Island Lighting Company Martin Bradley Ashare, Esq.
Shoreham Nuclear Power Sta.
Suffolk County Attorney P.O.
Box 618 H.
Lee Dennison Building North Country Road Veterans Memorial Highway Wading River, New York 11792
-Hauppauge, New York 11788 Jay Dunkleberger, Esq.
Docketing and Service Branch New York State Energy Office Office of the Secretary Agency Building 2 U.S.
Nuclear Regulatory Commission Empire State Plaza Washington, D.C.
20555 Albany, New York 12223 Stephen B.
Latham, Esq.
John F. Shea, Esq.
Twomey, Latham and Shea 33 We it Second Street Riverhead, New York 11901 ADM Udwrence Coe Lanpher /"
KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 DATE:
July 11, 1984