ML20108D019
| ML20108D019 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/05/1985 |
| From: | Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#185-907 OL-3, NUDOCS 8503080214 | |
| Download: ML20108D019 (5) | |
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LILCO, March 5, 984 MCKyj0 ushw UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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' s Before the Atomic Safety and Licensino Board "
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In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Do c k e t No. 5 0 --3-2 2 -OU23,__.. ~ --
(Emergency Planning Proceeding)
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(Shoreham Nuclear Power' Station, )
Unit 1)
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LILCO'S MOTION TO STRIKE INTERVENORS' UNAUTHORIZED MARCH 1, 1985 PLEADING On March 1, 1985 Suffolk County and the State of New York filed a 15 page pleading, with three attachments, styled " Motion for Leave to File Reply to LILCO's Response to February 19 Prof-fered Testimony on the Designation of Nassau Coliseum as a Moni-toring and Decontamination Center" (hereinafter, " March 1 Reply").
Although styled a motion for leave to file a response, it is a virtually transparent substantive reply, complete with attach-ments, to LILCO's February 26 submission,1/ which itself was an authorized response to the joint Suffolk County /New York State submittal of February 19 The March 1 Reply is, in fact, the 1/
The March 1 Reply is replete with substantive' arguments.
The prefacing of such detailed substantive material with the phrase "If Intervenors were permitted to reply they would state.
." or similar language does not change an otherwise unauthorized substantive argument into a request for leave to file them.
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-d-fourth paper in a series which began with LILCO's January 11, 1985 Motion to Reopen Record.
Of these, the first three were autho-rized by the Board's January 28, 1985 Memorandum and Order Granting LILCO's Motion to Reopen Record; the March 1 Reply is not.
The March 1 Reply, whether thought of in the context of a customary motion, or of a summary disposition motion, is simply not authorized under the Commission's rules,2/ or contemplated by this Board's governing January 28 Memorandum and Order.
The Board in this proceeding has been confronted, on at least three previous occasions, with efforts by Intervenors to take one more bite at the apple than the regulations or its Orders permit, and each time the Board has summarily rejected the attempt.1/
The Board should similarly strike the unauthorized March 1 Reply and give it no consideration in its ruling on the matters raised in the 2/
The rule applicable to motions, S 2.730(c), provides no reply as of right.
The regulation governing summary disposi-tion motions, S 2.749(a) -- perhaps the most nearly applicable provision of all to the current pleading framework --
categorically forbids any pleadings after the initial response.
3/
See " Memorandum and Order Denying Suffolk County's Motion to Change Schedule," February 28, 1984, at 7 (striking "Suffolk County Reply to LILCO's Opposition.
," dated February 13, 1984 in response to "LILCO's Motion to Strike Unauthorized Pleading.
," February 14, 1984); " Memorandum and Order Deferring Ruling on LILCO Motion for Summary Disposition
" October 22, 1984, at 1-2 (striking October 15, 1984
" Response of Suffolk County and State of New York.
," in response to LILCO's October 19, 1984 " Motion to Strike Unauthorized Pleading"); " Memorandum and Order Ruling on Suffolk County Motion to Vacate.
" January 16, 1985, at 1-2 (striking "Suffolk County and State of New York Motion for Leave to File Reply to LILCO's Opposition.
" January 2, 1985).
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.- _.4 substantive submissions attached to LILCO's Motion to Reopen Record (January ll) and in the authorized follow-on pleadings of February 19 and 26.
If the Board does not strike the March 1 Reply, LILCO respectfully requests five working days from receipt of the Board's denial to reply to the March 1 Reply (or any follow-on pleading permitted by the Board).
Respectfully submitted, LONG ISLAND LIGHTING COMPANY
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W L Donald P.
Irwin James N. Christman Kathy E.
B. McCleskey Hunton & Williams P.O. Box 1535 Richmond, Virginia 23212 DATED:
March 5, 1985 l
i.V LILCO, March 5, 1985 CERTIFTCATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
(Emergency Planning Proceeding)
Docket No. 50-322-OL-3 I certify that copies of LILCO's MOTION TO STRIKE INTERVE-NORS' UNAUTHORIZED MARCH 1, 1985 PLEADING were served this date upon the following by first-class mail, postage prepaid, or by hand or telecopier (as indicated by an asterisk), or by Federal Express (as indicated by two asterisks).
Morton B. Margulies, Secretary of.the Commission Chairman
- U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing East-West Tower, Rm. 461A Appeal Board Panel 4350 East-West Hwy.
U.S. Nuclear Regulatory Bethesda, MD 20814 Commission Washington, D.C.
20555 Dr.' Jerry R. Kline*
Atomic Safety and Licensing Atomic Safety.and Licensing Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East-West Tower, Rm. 427 Washington, D.C.
20555 4350 East-West Hwy.
Bethesda, MD 20814 Bernard M.
Bordenick, Esq.*
Oreste Russ Pirfo, Esq.
Mr. Frederick J. Shon*
Edwin J. Reis, Esq.
Atomic Safety and Licensing U. S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory 7735 Old Georgetown Road Commission (to mailroom)
East-West Tower, Rm. 430 Bethesda, MD 20814 4350 East-West Hwy.
Bethesda, MD 20814 Stewart M. Glass, Esq.
Regional Counsel Donna Duer, Esq.*
Federal Emergency Management i
Law Clerk Agency Atomic Safety and Licensing 26 Federal Plaza, Room 1349 Board Panel New York, New York 10278 U. S. Nuclear Regulatory Commission Stephen B.
Latham, Esq.
East-West. Tower, North Tower John F. Shea, Esq.
4350 East-West Highway Twomey, Latham & Shea Bethesda, MD 20814 33 West Second Street P.O.
Box 398 Riverhead, NY 11901
) 1 Fabian G. Palomino, Esq.**
Ralph Shapiro, Esq.
-special Counsel to the Cammer & Shapiro, P.C.
Governor 9 East 40th Street Executive Chamber New York, New York 10016 Room 229 State Capitol James B. Dougherty, Esq.
Albany, New York 12224 3045 Porter Street Washington, D.C.
20008 Herbert H.
Brown, Esq.*
Lawrence Coe Lanpher, Esq.
Jonathan D.
Feinberg, Esq.
Christopher M. McMurray, Esq.
New York State Public Service Kirkpatrick'& Lockhart Commission, Staff Counsel 8th Floor 3 Rockefeller Plaza 1900 M Street, N.W.
Albany, New York 12223 Washington, D.C.-
20036 Spence W. Perry, Esq.
MHB Technical Associates Associate General Counsel 1723 Hamilton Avenue Federal Emergency Management Suite K Agency San Jose, California 95125 500 C Street, S.W.,
Rm. 840 Washington, D.C.
20472 Mr.. Jay Dunkleberger New York State Energy Ms. Nora Bredes Office Executive Coordinator Agency Building 2-Shoreham Opponents' Coalition Empire State Plaza 195 East Main Street Albany, New York 12223 Smithtown, New York 11787 Gerald C. Crotty, Esq.
Martin Bradley Ashare, Esq.
Counsel to the Governor suffolk County Attorney Executive Chamber H.
Lee Dennison Building State Capitol Veterans Memorial Highway Albany, New York 12224 Hauppauge, New York 11788 Mary Gundrum, Esq.**
Assistant Attorney General 2 World Trade Center Room 4614 New York, New York 10047 f
r v '/ R Donald P.
Irwin Hunton & Williams 1
Post Office Box 1535 Richmond, Virginia 23212 DATED:
March 5, 1985 i.
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