ML20093K123
| ML20093K123 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/25/1984 |
| From: | Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20093K110 | List: |
| References | |
| OL-4, NUDOCS 8407300451 | |
| Download: ML20093K123 (5) | |
Text
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LILCO, July 25, 1984
,y UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COLMETE:
Ushac Before the' Atomic Safety and Licensing Board
'84 dl 27 A11:40 In the Matter of
)
)
's LONG ISLAND LIGHTING COMPANY
)
Docket No.0050-322-OL-4
)
(Low PowEsfCh (Shoreham Nuclear Power Station,
)
Unit 1
)
LILCO'S MOTION FOR PARTIAL RECONSIDERATION OF JULY 18 SECURITY-PROCEEDINGS ORDER On July 18, this Board issued an Order Concerning Security Contentions,1/ apparently intended to be responsive to the Commis-sion's Memorandum and Order of the same date.
Under the Board's Order, security contentions arising from changes in the emergency electrical power system at Shoreham and applicable to low power operation were to be admissible for litigation at Shoreham on a schedule which would entail separate hearings on those conten-tions, following completion of proceedings on all other low-power motion issues.
The Board's order set a schedule for this separate proceeding which would result in the commencement of hearings not before the end of October and the submission of filings and con-clusions a month thereafter -- aproximately three months later than the date of the parties' final submissions in the rest of the low power proceeding.
LILCO has asked the Commission to reconsider its Order Con-cerning Security Contentions, by motion dated July 19 (copy 1/.
LILCO did not become aware of the issuance of that order until late in the' day on July 23, five days after its issuance.
8407300451 840725 PDR ADOCK 05000322 g
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, enclosed).
Even if that request is denied, LILCO does not believe that the Commission's guidance on security-related contentions contemplated a quarter-year delay -- about 50% of the length of the rest of the entire low power proceeding -- to address security
' issues.
LILCO is not certain whether any security contentions will be admitted at all-in any event, it is not at all clear that a schedule of the length contemplated by the Board's Order is re-quired.
Suffolk County has always proffered that it has a firm idea of the security-related defects it sees in LILCO's low power configuration; thus LILCO has always inferred that only the insti-tution-of safeguards procedures prevents it from filing security contentions forthwith.
Further, Suffolk County has already been given a site tour and other discovery with respect to the low-power physical configuration of the plant; the County also pos-sesses a copy of the Shoreham security plan and all security pro-cedures.
In short,_while LILCO understands, and does not disagree with, the Board's desire to take up security issues as a discrete matter after completion of the other low power issues, LILCO does not believe that an automatic quarter-year delay in the completion of this proceeding was either compelled or contemplated by'the Commission's Order.
Thus, LILCO requests that tha Roard clarify and, to the ex-2 tent necessary reconsider, its July 18 Order in the following re-spects:
1.
Clarify that it expects the parties to conclude all mat-ters with respect to the Supplemental Motion for Low Power Op-I erating License and Application for Exemption, except security, on
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-3~
6 the current schedule (i.e.,
expeditiously following the conclusion of the hearing resuming July 30).
LILCO infers that the Board would then prepare a Partial Initial Decision on those issues.
2.
Accelerate that portion of the proposed schedule leading up to the prehearing conference on security issues, as follows:
Action From
- To
- 1.
Filing of security contentions August 13 August 3 by intervenors 2.
Filing of responses to contentions August 23 August 10 3.
Special Prehearing Conference August 30 August 17 3.
Remove the specified post-Special Prehearing Conference milestone dates from the current schedule, and set them at that Conference in light of the scope of the admitted contentions and other information, including but not. limited to discovery, then available.
Respectfully submitted, LONG
- SLAND LIGHTI COMPANY Donald P.
Irwin Robert M.
Rolfe Anthony F. Earley, Jr.
-HUNTOW & WILLIAMS P.O.
Box 1535 707 East Main Street Richmond, Virginia 23212 DATED:
July 25, 1984 All documents to be served and in other parties' hands by end of business on specified dates.
E 6 LILCO, July 25, 1984 In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)gg(nggg Docket No. 50-322-OL-4 (Low Power)
U3nac I hereby certify that copies of LILCO' S ADbNDU}4 2EO h!DTet[ON FOR RECONSIDERATION and of LILCO'S MOTION FOR PARTIAL RECONSID-ERATICN OF JULY 18 SECURITY-PROCEEDING ORDER were served,this date upon the following by first-class mail, p6stagg(prepaid, or by hand (one asterisk), or by Federal Express (twohister-isks).
Chairman Nunzio J.
Palladino*
Judge Glenn O.
Bright
- U.S.
Nuclear Regulatory Atomic Safety and Licensing Commission Board 1717 H Street U.S.
Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Commissioner James K. Asselstine*
U.S.
Nuclear Regulatory Judge Elizabeth B. Johnson **
Commission Oak Ridge National Laboratory 1717 H Street, N.W.
P.O.
Box X, Building 3500 Washington, D.C.
20555 Oak Ridge, Tennessee 37830 Commissioner Lando W.
- Zech, Jr.*
Eleanor L.
Frucci, Esq.*
U.S.
Nuclear Regulatory Atomic Safety and Licensing Commission Board 1717 H Street, N.W.
U.S.
Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Commissioner Frederick M.
Bernthal*
U.S.
Nuclear Regulatory Honorable Peter Cohalan Commission Suffolk County Executive 1717 H Street, N.W.
County Executive /
Washington, D.C.
20555 Legislative Building Veteran's Memorial Highway Commissioner Thomas M.
Roberts
- Hauppauge, New York 11788 U.S.
Nuclear Regulatory Commission Fabian G.
- Palomino, Esq.**
1717 H Street, N.W.
Special Counsel to the Washington, D.C.
20555 Governor Executive Chamber, Room 229 Judge Marshall E. Miller
- State Capitol Atomic Safety and Licensing Albany, New York 12224 Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 l
l
c.
S.
Alan R. Dynner, Esq.*
Edwin J.
Reis, Esq.*
Herbert H. Brown, Esq.
Office of the Executive Lawrence Coe Lanpher, Esq.
Legal Director Kirkpatrick, Lockhart, Hill,.
U.S. Nuclear Regulatory Christopher & Phillips Commission 1900 M Street, N.W.,
8th Floor Washington, D.C.
20555 Washington, D.C.
20036 Stephen B. Latham,- Esq.
Mr.-Martin Suubert Twomey, Latham & Shea c/o Congressman William Carney 33 West Second Street 113 Longworth House Office Bldg.
P.
O.
Box 398 Washington, D.C.
20515 Riverhead, New York 11901 James Dougherty, Esq.
Martin Bradley Ashare, Esq.
3045 Porter Street, N.W.
Suffolk County Attorney Washington, D.C.
20008 H.
Lee Dennison Building Veterans Memorial Highway Jay Dunkleberger, Esq.
Hauppauge, New York 11788 New York State Energy Office Agency Building 2 Docketing and Service Branch Empire State Plaza Office of the Secretary Albany, New York, 12223 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
/?
Donald P.
Irwin Hunton & Williams 707 East Main Street Post Office Box 1535 Richmond, Virginia 23212 DATED:
July 25, 1984