ML20100D034
| ML20100D034 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/26/1985 |
| From: | Christman J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20100D035 | List: |
| References | |
| CON-#285-293 OL-3, NUDOCS 8504010057 | |
| Download: ML20100D034 (3) | |
Text
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NNk LILCO, March 26,"1985 r
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' UNITED STATES OF AMERICA NUCLEAR' REGULATORY COMMISSg N f[
Before the Atomic Safety and Lic l
-.nnw In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322,-OL-3
)
(Emergency Planning _
- (Shoreham Nuclear Power Station, )
' Proceeding)
Unit 1)-
)
LILCO'S MOTION FOR LEAVE TO FILE RESPONSE TO INTERVENORS'-AND NRC STAFF'S.-ANSWERS'TO LILCO'S RENEWED MOTION FOR
SUMMARY
DISPOSITION On1 February 27, 1985, LILCO renewed its motion for sum-
' mary disposition of legal authority issues on federal law grounds..The NRC Staff 'and the Intervenors each filed answers to LILCO's renewed-moti'on on March 19, 1985.
The Staff argues
-that (1) the Board should go forward on the legal authority is-
~ sues now pending before -it but (2) should deny LILCO's summary
. disposition. motion on the legal authority contentions because it' does not appearE-to the' Staff that the conflicts are pre-empted..The Intervenors argue that (1) there is no legal au-thority issue pending before the Board that could be the basis for summaryLdisposition and (2) the issue of federal preemption
-has. been raised in-other forums and therefore cannot be liti-
. gated before ~ this Board.
LILCO requests that the Board allow it - to respond -to. these arguments.
LILCO's response is attached to this motion.
1' RBR*AB8E888886 MOa G
PDR u
s LILCO is mindful. that 10 C.F.R. S ' 2.749 does not provide
'for responses L to ' answers to motions for summary disposition, that'5 2.730(c), governing motions generally, allows replies onlyL with: leave of.the presiding - officer, and that unauthorized pleadings filed during the course of. this proceeding in the past have been looked upon with disfavor by this Board.
Nonetheless, LILCO seeks to respond to the Intervenors' and NRC Staff's latest filings regarding Contentions 1-10, in order to
-. address additional substantive arguments made by the Staff in
- footnote 19' of. its answer, and to refute inaccurate representa-l tions made in the Intervenors' answer regarding the status of the federali preemption issues before the New York State Court, including the assertions that those issues are now pending be-fore the state court and that the state court decision disposes of the contentions in their entirety.
The issues raised by Contentions 1-10 are novel and ob-viously:of importance to the outcome of this licensing proceed-ing..The Intervenors and the NRC Staff have raised arguments not previously addressed in LILCO's papers on Contentions 1-10.
The ' novelty and importance of these issues, coupled with the arguments-raised in the Intervenors' and Staff's filings that were not~ previously addressed by LILCO, warrant the opportunity foria response.
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'For these reasons, LILCO requests that the Board accept LILCO's response to the Intervenors' and the NRC Staff's
Y-answers'to LILCO's Renewed Motion for-Summary Disposition, which is attached to this motion for leave to file it.
Respectfully submitted, LONG ISLAND LIGHTING COMPANY Ad.
4// - M b.4. d BY[JamesN.
Christman
(. Kathy E. B/McCleskey Hunton & Williams P.O. Box 1535
- 707 East Main Street-Richmond, VA-23219 DATED:- March 26, 1985 t
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