ML20107L706
| ML20107L706 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 11/09/1984 |
| From: | Ashare M, Brown H, Palomino F KIRKPATRICK & LOCKHART |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#484-085, CON-#484-85 OL-4, NUDOCS 8411130611 | |
| Download: ML20107L706 (6) | |
Text
"o;g J
y UNITED STATES OF AMERICA MUCLEAR REGULATORY COMMISSION M';[2 Before the Commission
'84 OV 13 #0:37
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-4 (Shoreham Nuclear Power Station, Unit 1)
)
)
)
MOTION TO STRIKE LILCO'S UNAUTHORIZED PLEADING DATED NOVEMBER 8 AND MOTION FOR COMMISSION ATTENTION TO THE SUFFOLK COUNTY AND NEW YORK STATE REQUEST TO FILE WRITTEN BRIEFS AND PRESENT ORAL ARGUMENTS On November 8, LILCO filed a pleading styled "LILCO's Comments Concerning Immediate Effectiveness of Low Power Initial Decision."
The Commission should strike and discard that pleading as being unauthorized and unsolicited.
The reasons are as follows:
(1)
The low power Initial Decision is before the Commission
~
pursuant to its May 16 Order, which established an immediate effectiveness review for this proceeding.
On October 31, the County and State requested that the Commission provide the parties with an opportunity to present briefs and argument as part of the Commission's review.
The Commission has still not set such a schedule.
LILCO's pleading is therefore out of order.
(2)
On November 2, LILCO urged the Commission to deny the County and State's request to present briefs and oral arguments.
LILCO stated:
"The Joint Request should be denied.
No additional b
8 113061kOOh y
ADOC O
briefing is necessary on any issue; no oral argument is con-templated by the regulations.
Instead, the Commission should dispense with any opportunity for comment."
(LILCO " Opposition to Request for Written Briefs and Oral Arguments," p. 7.)
It is at best unseemly for LILCO to ask this Commission to prohibit the County and State from submitting their views while LILCO self-righteously submits its own.
(3)
LILCO's written " comments" of November 8 grossly mask the true significance of the issues pending before the Commission in the low. power Initial Decision.
This Decision does no less than repudiate the Commission's May 16 Order and the "as safe as" standard which the Commission itself forged througn a tumultuous process.
The keystone of this proceeding and the due process rights of the parties are thus at issue, and there is no matter of more central relevance to the Commission's review than the views of the very parties whose interests were presumably addressed by the May 16 Order and shattered by the Licensing Board's Decision.
This commission should insist that the parties address this metter in briefs and oral arguments that give meaning to the significant controversy which the Licensing Board's Decision has created.
Shoreham is a serious and major case for the people of Suffolk County and New York State, and LILCO's footloose tactic of attempting to prevent the County and State from presenting their full views while LILCO presants its own is both abusive and intolerable.
Earlier in this proceeding, the County and State were required to obtain relief from the U.S. District Court because
L-the Commission refused to listen to their claim of injustice.
Again,-these parties are seeking to inform the Commission of the Licensing Board's fundamental errors.
There is no justification for the Commission to deny them this opportunity or to refuse to confront the full impact of the Licensing Board's Decision.
Accordingly, the County and State move that the Commissicn:
(1) strike as unauthorized LILCO's pleading of November 8; and (2) set a schedule for submission of written briefs and presentation of oral arguments in accordance with the Request filed by the County and State on October 31.
Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 KIRKPATRICK & LOCKHART
~.Kf Se~rbert H.
Brcwn Lawrence Coe Lanpher Karla J.
Letsche 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 Attorneys for Suffolk County Fabian G.
Palomino Special Counsel to the Governor of New York State Executive Chamber, Room 229 Capitol Building Albany, New York 12224
a -. q -
Robert Abrams Attorney General of the State of New York Two World Trade Center New York, New York 10047 Attorneys for Mario M. Cuomo i.
Governor of the~ State of New York
-November 9,.1984 4
+
f f
i i
i e
. +,, - _.
y.v.
7-,_,,,,, -,~,,, -
,.,e-..,.,_
-,m.,,em..y.-~~e,--9,,,,,-mer:,
-,.,.n-,,--
,y%--
.,~...-.,,...
y.-
3-,,.w.,cwym.,..,.
y
'.P
/
i
. w...c UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
~84 NM 13 R0:37 Before The Commission h)
)
.In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-4
)
(Low Power)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of MOTION TO STRIKE LILCO'S UNAUTHORIZED PLEADING DATED NOVEMBER 8 AND MOTION FOR COMMISSION ATTENTION TO THE SUFFOLK COUNTY AND NEW YORK STATE REOUEST TO FILE WRITTEN BRIEFS AND PRESENT ORAL ARGUMENTS, dated November 9, 1984, have been served to the following this 9th day of November, 1984 by U.S. mail, first class, by hand when indicated by one asterisk, and by Federal Express when indicated by two asterisks.
Judge Marshall E.
Miller, Chairman Edwin Reis, Esq.
- Atomic-Safety and Licensing Board Counsel for NRC Staff U.S.
Nuclear Regulatory Commission Office of the Executive Legal Washington, D.C.
20555 Director U.S. Nuclear Regulatory Commissi Judge Glenn O.
Bright Washing ton, D.C.
20555 Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Edward M.
Barrett, Esq.
Washing ton, D.C.
20555 Long Island Lighting Company 250 Old Country Road Judge Elizabeth B. Johnson Mineola, New York 11501 Oak Ridge National Laboratory P.O.
Box X, Building 3500 Honorable Peter F. Cohalan Oak Ridge, Tennessee 37830 Suffolk County Executive H.
Lee Dennison Building Eleanor L.
Frucci, Esq.
Veterans tiemorial Highway Atomic Safety and Licensing Board Hauppauge, New York 11788 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
- By Telecopior
e i.
Fabian Palomino, Esq.
James B.
Dougherty, Esq.
Special Counsel to the Governor 3045 Porter Street, N.W.
Executive Chamber Washington, D.C.
20008
~
Room 229 State Capitol Mr. Brian McCaffrey Albany, New York 12224 Long Island Lighting Company Shoreham Nuclear Power Station W. Taylor Reveley, III, Esq. #
P.O. Box 618 Anthony F.
Earley, Jr.,
Esq.
North Country Road Robert M. Rolfe, Esq.
Wading River, New York 11792 Hunton & Williams P.O. Box 1535 Jay Dunkleberger, Esq.
707 East Main Street New York State Energy Office Richmond, Virginia 23212 Agency Building 2 Empire State Plaza Mr. Martin Suubert Albany, New York 12223 c/o Congressman William Carney 1113 Longworth House Office Bldg.
Stephen B.
Latham, Esq.
Washington, D.C.
20515 John F.
Shea, Esq.
Twomey, Latham and Shea Martin Bradley Ashare, Esq.
33 West Second Street Suffolk County Attorney Riverhead, New York 11901 H.
Lee Dennison Building
-Veterans Memorial Highway Docketing and Service Branch Hauppauge, New York 11788 Office of the Secretary U.S. Nuclear Regulatory Nunzio J.
Palladino, Chairman Commission U.S.
Nuclear Regulatory Washington, D.C.
20555 Commission 1717 H Street, N.W.,
Room 1114 Commissioner Lando W.
Zech
- Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission Commissioner Thomas M.
Roberts 1717 H Street, N.W.,
Room 1103 U.S.
Nuclear Regulatory Washington, D.C.
20555 Commission 1717 H Street, N.W.,
Room 1113 Commissioner James K.
Asselsrir.e Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission Commissioner Frederick M.
Bernthal
- 1717 H Street, N.N.,
Root. 11 0 U.S.
Nuclear Regulatory Washington, D.C.
20555 Commission 1717 H Street, N.W.,
Room 1156 Washington, D.C.
20555 M
A if C e ',
/ W wf';G')e r.
Herbert H.
Brown KIRKPATRICK & LOCKHART 1900 M Street, N.W.,
Suite 300 Wa sh ing ton,
D.C.
20036 DATE:
November 9, 1984