ML20100C966
| ML20100C966 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/26/1985 |
| From: | Lanpher L KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | |
| References | |
| CON-#285-282 OL-4, NUDOCS 8504010029 | |
| Download: ML20100C966 (5) | |
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UNITED-STATES OF AMERICA' 02hf7ED NUCLEAR REGULATORY COMMISSI'ON UT Before "the Atomic Safety and Licensiny3 Board)9 NO:45
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DGCHETgygJC=ncz 0:,eNAW LIn the Matter.of.
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LONGLISLANDLLIGHTING COMPANY.
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Docket No. 50-322-OL-4
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_,(Low Power - Remand)-
(Shoreham Nuclear Power Station,
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SUFFOLK COUNTY PRELIMINARY REQUEST FOR CLARIFICATION Suffolk County'istin receipt of the Licensing Board's Memorandum.and Order dated March 22, 1985 concerning threshold Esafeguards' questions.-
In-accordance with that Memorandum and Order-(page 14), the County may. request clarification of issues 9+ " _
noclater than April'1,-1985.
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'There is one issue which requires immediate clarification prior to submitting contentions.
Accordingly, this preliminary request;is filed in advance of' April 1.1/
At page-13 of-the' Board's Order, the following statement is
.made:
LILCO argues that "the' absolute level of security protection required to demonstrate compliance'with.5 73.55 at low power is lower than that1 required to demonstrate compliance at full power
. As a very general proposition, that may be true, at least if one is considering only the smaller il/ ^As contentions are drafted, other issues may be identified
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which: require clarification as well.
If so, a further request.will be filed by April 1.
8504010029 050326 PDR ADOCK 05000322 9
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.- : inventory of dangerous. fission-products in the core at-low power.
In any event, the burden will be on-LILCO as part of its affirmative case to prove that to the extent its safeguards. measures for the EMDs and GT do not meet 1the subsection (b)-(h)-full power standards ~, they are nevertheless adequate to meet-low power risk-levels.
In a sense, then,-the. equivalent protection requirement in section 73.55. serves the same function.as a'" contention" on which LILCO has the burden of. proof when it. elects to proceed under that provision.
On the:following page,-the Board states that: "It will be up to
.the County to formulate and propose specific contentions concerning any safeguards risks that are not fairly encompassed
-in LILCO's affirmative case."
lit isfimpossible for the County to formulate contentions p
concerning the safeguards risks that are not " fairly. encompassed in LILCd's' affirmative case" unless and until we. receive LILCO's
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-affirmative case:or atileast a detailed outline'of the points-that LILCO intends to make in its affirmative case.
Thus, unless LILCO is' directed to provide such information to us promptly, we lcannot file contentions that comply with.the Board's Order by
'next Monday.
Accordingly, we ask for immediatefLicensing Board clarification of:how we are to proceed on this matter.
In view of the contention' filing date of next Monday, it is requested'that clarification-be provided as early as possible
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l-this week.
Counsel'forithe County are avail'able for.a conference
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- call if.that is deemed necessary by the Board..
Respectfully-submitted, MartinLBradley Ashare-Suffolk County Department of1 Law H.
Lee-Dennison Building Veterans Memorial Highway Hauppauge, New York-11788
-March 26, 1985
' Herbert H.
Brown
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Lawrence Coe Lanpher Karla'J. Le'tsche KIRKPATRICK & LOCKHART 1900 M Street,'N.W.,1 Suite 800; Washington, D.C.;
--20036 Attorneys for Suffolk County c:/,,
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a UNITED STATES OF AMERICA
. NUCLEAR REGULATORY COMMISSION ~
Before'the Atomic Safety and Licensing Board
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.Inithe Matter 1of.
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. LONGEISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-4
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(Low Power).
-(Shoreham NuclearEPower Station,
-)
Unit 71)-
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-CERTIFICATE OF SERVICE E
I hereby certify that copies of SUFFOLK COUNTY PRELIMINARY
' REQUEST FOR CLARIFICATION, dated March 26, 1985, have been served
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on:the following-this 26th day.of March, 1985 by U.S. mail, first class.
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- Judge James L. Kelley,. Chairman
- Edward M.
Barrett, Esq.
cAtomic. Safety and Licensing' Board Long Island Lighting Ccmpany
- U.S. Nuclear Regulatory Commission 250-Old Country Road
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Washington, D.C.-
20555 Mineola, New York
-11501
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f*** 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 90ak Ridge, Tennessee-37830 Governor Executive: Chamber, Room'229 Docketing"8 Service Branch State Capitol
- Office of.the Secretary Albany, New York 12224 U.S. Nuclear-Regulatory' Commission Washington, D.C.
20555
- W.
Taylor Reveley, III, Esq.
Anthony F.
Earley, Jr.,
Esq.
Robert M.
Rolfe, Esq.
Edwin. J.CReis, - Esq.. Esq.
Hunton & Williams Bernard'M. Bordenick,
. Office of Exec. Legal Director 707. East Main Street
.U.S.1 Nuclear' Regulatory Commission Richmond, Virginia 23212
- Washington, D.C.
20555 t
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'Mr. Martin'Suubert.
James Dougherty, Esq.
c/o Cong. William Carney 3045 Porter' Street, N.W.
.1113 Longworth HouseiOffice-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 CountyoAttorney 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.
Stephen B.
Latham, Esq.
New York State Energy Office Twomey,'Latham and Shea
. Agency Building 2
M Lawrence Coe Lanpher r KIRKPATRICK & LOCKHART 1900 M Street, N.W.,
Suite 800 Washington, D.C.-
20036 DATE:
March 26, 1985
- By Telecopy 3/26/85
.**Via Federal' Express 3/26/85
- By-Hand 3/27/85
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