ML20106E512
| ML20106E512 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/11/1985 |
| From: | Brigati J, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#185-551 OL, NUDOCS 8502130332 | |
| Download: ML20106E512 (6) | |
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SUFFOLK COUNTY NEW YORK STATE 2/11/85 E l ETc-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIC83 FE8 I2 N0 :28 Before the Atomic Safety and Licensing Board l':Af
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In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL
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(Shoreham Nuclear Power Station, )
Unit 1)
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SUFFOLK COUNTY AND NEW YORK STATE JOINT MOTION TO STRIKE ADDITIONAL STAFF TESTIMONY Suffolk County and the State of New York hereby move to strike one additional portion of the joint testimony of Spencer H. Bush, Adam J. Henriksen and Professor Arthur Sarsten; namely the second to the last sentence on Page 32 which reads t
"FaAA has conducted such an analysis (FaAA-84-9-ll.1, December 1984)."
The testimony is outside the scope of the forthcoming i
hearing because it represents more new testimony on the adequacy of the~EDGs under the FSAR load requirements of 3500/3900 kW and not LILCO's new proposed " qualified load" of 3300 kW.S!
E! The County and State have found it necessary to file two earlier motions dated January 22 and February 8, 1985, to strike testimony of LILCO and the Staff for the same reason.
The testi-mony here in question falls within the scope of and could have been included in the' February 8 motion but is still timely.
Obb O3.-
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The testimony in quescion is presented by Dr. Bush in support of his opinion that the cylinder blocks of EDGs 101 and 102 are adequate under LILCO's new proposed qualified load of 3300 kW.
However, the three-dimensional finite element analysis referred to is expressed in terms of evaluating the adequacy of_the cylinder blocks under the existing FSAR load requirements of 3500/3900 kW, not in terms'of LILCO's new proposed qualified load.of 3300 kW.
It is pertinent that the testimony is contained
-in FaAA's most-recent cylinder block report, which was not,made available to the parties until after the record of the recently concluded hearings concerning adequacy of the cylinder blocks under the existing FSAR 3500/3900 load requirements was closed.
Although FaAA witnesses made fleeting references to a three-dimensional ~ finite element analysis during those hearings, that testimony was not remotely as detailed as the material in the December 1984 block report relied upon by Dr. Bush.
In summary, the testimony in question is outside the scope of~the forthcoming hearing and should be excluded for the reasons discussed in the two earlier motions filed by the County and 4
/ State to strike testimony of LILCO and the Staff pre-filed for introduction at the forthcoming hearing.
Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 if7 8i an R$ Dy/ne'r'
/
osepW J. Brigati /
Douglas J.
Scheidt KIRKPATRICK & LOCKHART 1900 M Street, N.W.
Washington, D.C.
20036 Attorneys for Suffolk County
$fb Fabian G.
Palomino Special Counsel to the Governor of the State of New York Executive Chamber, Room 229 Capitol Building Albany, New York 12224 Attorney for Mario M. Cuomo Governor of the State of New York 4
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'l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
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In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL
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(Shoreham Nuclear Power Station,
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Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY AND NEW YORK STATE JOINT MOTION TO STRIKE ADDITIONAL STAFF TESTIMONY, dated February 11, 1985, have been served to the following this lith day of February 1985 by U.S. mail, first class, except as otherwise indicated.
Lawrence J. Brenner, Esq.*
Edwin J. Reis, Esq.*
Administrative Judge Bernard M.
Bordenick, Esq.
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comm.
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Mr. Stuart Diamond Dr. George A. Ferguson*
Business / Financial Administrative Judge NEW YORK TIMES Atomic Safety and Licensing Board New York, New York. 10036 School of Engineering Howard University E. Milton Farley, III, Esq.*
2300 6th Street, N.W.
Hunton & Williams Washington, D.C.
20059 P.O. Box 19230 2000 Pennsylvania. Ave., N.W.
Dr. Peter A. Morris
- Washington, D.C.
20036 Administrative Judge Atomic Safety and Licensing Board Mr. Jay Dunkleberger U.S.. Nuclear Regulatory Commission New York State Energy Office
. Washington, D.C.
20555 Agency Building 2 Empire State Plaza
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Edward M.
Barrett, Esq.
Albany, New York 12223 General Counsel Long Island Lighting Company James B. Dougherty, Esq.
250 Old Country Road 3045 Porter Street, N.W.
Mineola, New York 11501 Washington, D.C.
20008 l
O
/ Robert E. Smith, Esq.
Stephen B. Latham, Esq.
Guggenheimer & Untermyer Twomey, Latham & Shea 80 Pine Street P.O.
Box 398 New York, New York 10005 33 West Second Street Riverhead, New York 11901 Mr. Brian R. McCaffrey Long Island Lighting Company Odes L. Stroupe, Jr., Esq.
Shoreham Nuclear Power Station Hunton & Williams P.O. Box 618 P.O. Box 109 North Country Road 333 Fayetteville Street Wading River, New York 11792 Raleigh, North Carolina 27602 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 De*tnison Building Suffolk County Attorney Veterans Memorial Highway H. Lee Dennison Building Hauppauge, New York 11788 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 Jonathan D. Feinberg, Esq.
Stewart M. Glass, Esq.
Staff Counsel Regional Counsel New York State Public Federal Emergency Management Service Commission Agency 3 Rockefeller Plaza 26 Federal Plaza Albany, New York 12223 New York, New York 10278
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RK Rk ART 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 DATE:
February 11, 1985 By Hand Delivery i
By Federal Express e
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