ML20102C285

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Forwards Topics/Agenda Items Which Merit Discussion at 850228 Conference of Counsel in Bethesda,Md Per 850225 Request
ML20102C285
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 02/27/1985
From: Lanpher L
KIRKPATRICK & LOCKHART
To: Bright G, Johnson E, Joseph Kelly
Atomic Safety and Licensing Board Panel
References
CON-#185-839 OL-4, NUDOCS 8503050451
Download: ML20102C285 (3)


Text

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KIRKPATRICK & LOCKHART 1900 M STREET, N.W. 7" E7~

WASHING 10N, D.C. 200M

b ONE 80STON PLACE sosToN.ur ou0s TELEPHONE GOD 4524000 ,

(61D 9715400 di J *,7,j TELEX 440209 HIPH UI 1428 BluCKELL AVENL'E TELECOPEA CO2) 452@52 ugAut pt 33:33 0 05) 1744112

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1500 OUVER BUILDING February 27, 1985 'Wi> FimacRoH.r^ 5222 (412) 1554500 WRff1R1 DIRECT DIAL NUMBER (202) 452-7011 James Kelly, Esq.

Ms. Elizabeth Johnson Mr. Glenn Bright Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commissi .

Washington, D.C. 20555 A

Re: Docket Nq. _50-3'E2'OL-5 00CK NUMBER

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Dear Administrative Judges:

In accordance with the requests made during the conference call on February 25, 1985, Suffolk County sets forth in the attachment hereto topics / agenda items which merit discussion at the Conference of Counsel scheduled for 10:30 a.m. on February 28 in Bethesda, Maryland.

Sincerely yours, y ? M "! fM Lawrence Coe Lanpher LCL/dk Enclosure cc: Service List 8503050451 850227 PDR ADOCK 05000322 G PDR

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TOPICS TO BE DISCUSSED

1. Law of the Case. ALAB-800 is law of the case. Under ALAB-800, the 20 MW gas turbine and the EMDs must be vital equip-ment in order to comply with Part 73 or LILCO must demonstrate via an exemption under 10 C.F.R. 5 7375 that operation can be justified with other than full compliance with Part 73.
2. Threshold Factual Issues. Are gas turbine and EMDs protected as vital equipment?

(a) Gas Turbine. No.

(b) EMDs. No. Some evidence (from Security Plan Revision

9) of " enhancements" to protection of EMDs but County's preliminary review indicates that standards for vital equipment (10 C.F.R. @ 73.55) are not met.
3. LILCO Options. Since it is clear that at least the gas turbine and probably EMDs as well are not protected as vital equipment, LILCO must either: upgrade protection to vital level; or apply for a Part 73 exemption (10 C.F.R. 6 73.5) and specify why the Part 73 exemption requirements are satisfied. If exemp-tion route is chosen by LILCO, other parties then respond to exemption application and proceeding to continue in rough par-allel to procedures mandated by CLI-84-8. County understands that LILCO does not intend to protect both the gas turbine and EMDs as vital equipment and thus exemption route appear.1 to be the option chosen by LILCO. Therefore, next step in proceeding is for LILCO to file for a Part 73 exemption if it so chooses.
4. Other Topics.

(a) Existing Contentions. Premature to address contentions at this time, since LILCO has not upgraded protection to vital equipment levels and no LILCO exemption request has yet been filed. Further, in exemption context, contentions are not required; burden of proof is on LILCO to satisfy exemption standards. Finally, if something akin to contentions is deemed useful to focus issues, the existing contentions must be revised to reflect ALAB-800 and changes to security for EMDs which have been instituted since original contentions were prepared. Thus, the existing contentions are not a proper focus absent revision.

(b) Discovery. If LILCO files for an exemption, County experts must visit site to examine current protection for EMDs and gas turbine and associated systems. Other discovery may also be required. Only once such discov-ery is completed can critical issues be focused.

s (c) Safeguards Issues. Will Miller Board protective order of August 17, 1984 remain in effect? What is effect of NRC's February 8 Order Directing Release of Materials Previously Categorized as Safeguards Information? What is procedure for qualifying attorneys and experts for each party?

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