ML20099D023
| ML20099D023 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/06/1985 |
| From: | Lanpher L, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#185-951 OL-3, NUDOCS 8503110500 | |
| Download: ML20099D023 (5) | |
Text
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3/06/85 DCV ETED Un ?.C UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'd5 KG -8 go :09 Before the Atomic Safety and Licensing Board v t IC y 55c;7 g;.e 5
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In the Matter of
)
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LONG ISLAND LIGHTING COMPANY
)
Docker *Newr50-422,OL-3
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(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
SUFFOLK COUNTY AND STATE OF NEW YORK REPLY TO LILCO STRIKE MOTION On March 5, 1985, LILCO filed a pleading styled "LILCO's Motion to Strike Intervenors' Unauthorized March 1, 1985 Plead-ing."
LILCO's Motion amounts to nothing more than baseless allegations that have no place in a serious adjudicatory pro-ceeding.
Indeed, such needless flow of paper merely diverts resources from the real issues which must be addressed.
LILCO should be admonished to cease such improper filings.
The gist of LILCO's Motion is its unsupported allegation that the County / State March 1 motion for leave to reply to LILCO's February 26 pleading was in fact a substantive response.
LILCO's February 26 pleading, including attachments, was 64 pages.
It is hardly surprising, therefore, that it took 15 pages for the County and State to detail the reasons that a reply is necessary.
A substantive reply would take considerably more than 15 pages.
Further, a motion for leave to reply can hardly be 8503110500 850306 PDR ADOCK 05000322 8
F characterized as an improper " substantive reply" simply because it outlines intended substantive responses; how else could a party demonstrate to the Board that the requested reply should be authorized?
In short, LILCO's March 5 Motion is itself the pleading that is unauthorized.
This Board has pending the County / State March 1 Motion seeking leave to file a substantive reply.
We request this Board to rule on that March 1 Motion as soon as possible so that we can get on with this proceeding.
Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law H.
Lee Dennison Building Veterans Memorial Highway Hauppauge, New York 11788 ti hl J
N Herbert H.
Brown f'
Lawrence Coe Lanpher Michael S. Miller KIRKPATRICK & LOCKi! ART 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 Attorneys for Suffolk County Fa ts C PA,;. (fry Fabian G.
Palomino Special Counsel to the Governor Executive Chamber, Room 229 State Capitol Albany, New York 12224 Attorney for Mario M.
- Cuomo, Governor of the State of New York March 6, 1985 t
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f A
s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atorate Safety and Licensing Board l
l
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In the Matter of
)
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LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY AND STATE OF NEW YORK REPLY TO LILCO STRIKE MOTION, dated March 6, 1985, have been served on the following this 6th day of March 1P~5 by U.S.
mail, first class, except as otherwise noted.
Morton B.-Margulies, Chairman
- Edwin J. Reis, Esq.*
Atomic Safety and Licensing Board Bernard M.
Bordenick, Esq.
l U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Com, j
Washington, D.C.
20555 Washington, D.C.
20555 i
Dr. Jerry R.
Kline
- W. Taylor Reveley, III, Esq.**
Administrative Judge Hunton & Williams Atomic Safety and Licensing Board P.O.
Box 1535 U.S. Nuclear Regulatory Commission 707 East Main Street Washington, D.C.
20555 Richmond, Virginia 23212 Mr. Frederick J.
Shon
- Ms. Donna D.
Duer*
Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory Commission U.S.
Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Edward M. Barrett, Esq.
General Counsel Mr. Jay Dunkleberger Long Island Lighting Company New York State Energy Office 250 Old Country Road Agency Building 2 Mineola, New York 11501 Empire State Plaza Albany, New York 12223
s !
I Spence Perry, Esq.
Stephen B.
Latham, Esq.
Associate General Counsel Twomey, Latham & Shea Federal Emergency. Management Agency P.O.
Box 398 Washington, D.C.
20472 33 West Second Street Riverhead, New York 11901 Mr. Brian R.
McCaffrey Long Island Lighting Company Ms. Nora Bredes Shoreham. Nuclear Power Station Executive Director P.O. Box 618 Shoreham Opponents Coalition North Country Road 195 East Main Street Wading River, New York 11792 Smithtown, New York 11787 Joel Blau, Esq.
MHB Technical Associates New York Public Service Commission 1723 Hamilton Avenue The Governor Nelson A.
Rockefeller Suite K Building San Jose, California 95125 Empire State Plaza Albany, New York 12223 Hon. Peter F. Cohalan Suffolk County Executive Martin Bradley Ashare, Esq.
H. Lee Dennison Building Suffolk County Attorney Veterans Memorial Highway H. Lee Dennison Building Hauppauge, New York 1178d Veterans Memorial Highway Hauppauge, New York 11788 Fabian Palomino, Esq.#
Special Counsel to the
-Atomic Safety and Licensing Board Governor Panel Executive Chamber U.S. Nuclear Regulatory Commission Room 229 Washington, D.C.
20555 State Capitol Albany, New York 12224 Docketing and Service Section Office of the Secretary Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Appeal Board 1717 H Street, N.W.
U.S.
Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 James B.
Dougherty, Esq.
3045 Porter Street, N.W.
Jonathan D.
Feinberg, Esq.
Washington, D.C.
20008 Staff Counsel New York State Public Mr. Stuart Diamond Service Commission Business / Financial 3 Rockefeller Plaza NEW YORK TIMES Albany, New York 12223 229 W.
43rd Street New York, New York 10036 i
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~3-Stewart M. Glass, Esq.
Regional Counsel Federal Emergency Management Agency 26 Federal Plaza, Room 1349 New York, New York 10278 Mary Gundrum, Esq.
New York State Department of Law 2 World Trade Center, Room 4614 New York, New York 10047 1-Lawrence Coe Lanpher r' KIRKPATRICK & LOCKHART 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 DATE:
March 6, 1985 By Hand
- By Telecopy By Federal Express