ML20094G355

Statement of Governor Mm Cuomo,Representing State of Ny, in Support of Suffolk County 840803 & 06 Motions for Reconsideration of ASLB 840724 & 27 Scheduling Orders. Certificate of Svc Encl

ML20094G355
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/08/1984
From:	Zahnleuter R NEW YORK, STATE OF
To:
References
OL-3, NUDOCS 8408130284
Download: ML20094G355 (6)

Text

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932.

UNITED STATES OF AMERICA

• '- NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges James A. Laurenson, Chairman Dr. Jerry R. Kline gggfjf[0 03 Mr. Frederick J. Shon y

In the Matter of )

'84 pg gg b2*21 -

) Docket No. 504342r0 -3 LONG ISLAND LIGHTING COMPANY ) (Emergency PlaEdidg h'bceeding)

)% BR 1;Ck 'l (Shoreham Nuclear Power ) August 8, 1984 Station, Unit 1) )

)

STATEMENT OF GOVERNOR MARIO M. CUOMO, REPRESENTING THE STATE OF NEW YORK, IN SUPPORT OF THE COUNTY OF SUFFOLK'S MOTIONS FOR RECONSIDERATION CONCERNING THE BOARD'S SCHEDULING ORDERS OF JULY 24, 1984 AND

~ JULY 27, 1984 .

On July 24, 1984, the Board issued a Memorandum and Order Determining that a Serious Safety Matter Exists (hereinafter,

" July 24, 1984 Order"). On July 27, 1984, the Board issued a Memorandum and Order Establishing Format and Schedule of Proposed Findings of Fact'and Conclusion of Law (hereinafter, " July 27, 1984 Order"). Suffolk County moved for reconsideration of these orders on August 3, 1984 and August 6, 19 3 t. , respectively.

The State of New York supports both of the County's motions for reconsideration.

With respect to the July 24, 1984 Order, the State is experiencing the same difficulties the County is experiencing, except to a greater degree. The problem is highlighted by the fact that with regard to the three strike issues, LILCO is in a much more advantageous' position than the County and State are in.

8408130284 840800 PDR ADOCK 05000322 ' '

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.Obviously, on July 24, 1984, LILCO was much more aware of the status of its labor relations and its ability to place the reactor in cold shutdown than the County and State were. This disparity in knowledge is evidenced by the ease with which LILCO prepared its motion for summary resolution of the strike issues.

In addition, it is no coincidence that all of the affiants in LILCO's summary resolution motion, and all of LILCO's proposed witnesses, are local LILCO employees. The State and County, on the other. hand, must solicit outside experts from around the country on such short notice, and must accept their dates of ability for what they are. The State and County's witnesses also must be educated concerning the strike issues. That, too, is a difficult task for the State and the County considering that LILCO rejected the State and County's discovery request in its entirety on August 3, 1984. As a result, the State and County had no alternative but to file a motion to compel. The State and County are making a good faith effort to comply with the July 24, 1984 order as best as possible under difficult circum-stances.

With respect to the July 27 1984 order, the State shares every one of the County's concerns. Like the County, the State has no quarrel with the Board's ruling on the form the Board expects the parties' findings of fact and conclusions of law to take. Public safety must be of primary importance, and a balanced format that sets forth proposed findings in the form of a Board i

• ~

decision serves that goal. However, public safety is not

. served by a rushed time frame and meager page allotment. Even

' counsel for LILCO conceded that 60 days would be a suitable time in which-intervenors could file initial findings of fact. Tr. 13,815,

, lines 15-23. In addition, counsel for LILCO stated that there was

no absolute need for page limitations, and that LILCO preferred that

'there be no page limitations. Tr. 13,800, lines 3-6. Considering all of the circumstances of this case, the Board's imposition of a 49-day period for intervenors to file proposed findings and a 1

500-page limitation for proposed findings is unduly harsh.

Accordingly, the State supports each of the County's motions for! reconsideration.

Respectfully submitted, MARIO CUOMO, Governor of the State of New York FABIAN G.' PALOMINO, ESQ.

Special Counsel to the Governor of the State of New York B lldi 0

-l v:

k l BONS _.

- RICHARD J A A5NEEUKER, ESQ.

Assistan to Ide ,5pecial Counsel to the ernor of the State of New York' Albany, New York-.

UNITED STATES OF AMERICA

% NUCLEAR. REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BCARD Before Administrative Judges James A. Laurenson, Chairman Dr. Jerry R. Kline 00tKETED Mr. Frederick J. Shon 03NRC

)

In the Matter of )

• 84 AGO 10 Pl2:21

) Docket No. 50-322-OL-3 LONG ISLAND LIGHTING COMPANY ) (EmetOent{t CKE.T G & Sat'NHldnhing Proceeding)

)

(Shoreham Nuclear _ Power Station, ) 0^ "

Unit 1) )

) August 8, 1984

)

CERTIFICATE OF SERVICE I hereby certify that one copy of the STATEMENT OF GOVERNOR MARIO M. CUOMO, REPRESENTING THE STATE OF NEW YORK, IN SUPPORT OF THE COUNTY OF SUFFOLK'S MOTIONS FOR RECONSIDERATION CONCERNING THE BOARD'S SCHEDULING ORDERS OF JULY 24, 1984 AND JULY 27, 1984 has been served to each of the following this 8th day of August 1984 by U.S. Mail, first class, except as otherwise noted:

• • • James A. Laurenson, 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

2 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 Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission

' Washington, D. C. 20555 Washington, D. C. 20555 Docketing and Service Section *** Stewart M. Glass, Esq.

Office of the Secretary Regional Counsel

. U :1. Nuclear Regulatory Commission Federal Emergency Management 1717 H Street, N.W. Agency Washington, D. C. 20555 26 Federal Plaza, Room 1349 New York, New York 10278

• • • Bernard M. Bordenick, Esq.

David A. Repka, Esq. Nora Bredes U.S. Nuclear Regulatory Commission Executive Director Washington, D. C. 20555 Shoreham Opponents Coalition 195 East East Main Street Stuart Diamond Smithtown, New York 11787 Environment / Energy Writer NEWSDAY *** Eleanor L. Frucci, Esq.

Long Island, New York 11747 Atomic Safety and Licensing Board Panel Stephen B. Latham, Esq. U.S. Nuclear Regulatory Commission Twcney, Latham & Shea Wasaington, D. C. 20555

.- P . o. Box 398 33 West Second Street Riverhead, New York. 11901

)

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<. 'o

• • • 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 c Federal Emergency Management Agency Washington,.D. C. 20472

/ $ '- ' 4 JZu6'd ,.

'RfCHARD J ZAHNLEUTER Assistantto/Ne,SpecialCounsel to the Governor of the State of New York Executive' Chamber

~

State Capitol Albany, New York 12224

• By Hand

• • By Federal Express

• • • By_Telecopier-In addition to service-by First-Class Mail

• • • • By U.S. Express Mail Albany, New York y--- .- - - - - m ,m- ,-