ML20111C651

Notice of Intention of Suffolk County & State of Ny to File Reply to 850219 Proffered Testimony on Designation of Nassau Coliseum as Monitoring & Decontamination Ctr,Per 850301 Motion.W/Certificate of Svc

ML20111C651
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/13/1985
From:	Lanpher L, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SUFFOLK COUNTY, NY
To:
References
CON-#185-054, CON-#185-54 OL-3, NUDOCS 8503150492
Download: ML20111C651 (2)

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UNITED STATES OF AMERICA --

NUCLEAR REGULATORY COMMISSION #3

?Ja 15 go.49 BeforetheAtomicSafetyandLicensing> LJi:r g IGAC 4-59:h 'Ah Board [h

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In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

SUFFOLK COUNTY AND STATE OF NEW YORK NOTICE OF INTENTION TO FILE REPLY MEMORANDUM On March 1, 1985, Suffolk County and the State of New York filed a " Motion for Leave to File Reply to LILCO's Response to February 19 Proffered Testimony on the Designation of Nassau Coliseum as a Monitoring and Decontamination Center." The sub-stantive reply was not attached to the Motion.*

It came to our attention today that the Appeal Board ruled on February 13, 1985 in the Waterford proceeding that contrary to several Licensing Board decisions, "the preferred practice fol-lowed in litigation is to tender the document that a party seeks leave to file along with its motion." See decision attached hereto. Given this Appeal Board guidance, the State and County LILCO on March 5, 1985 moved to strike the County / State motion as an unauthorized substantive reply. In a filing dated March 6, 1985, the County and State replied to the LILCO strike motion, pointing out that there was no basis to construe the County / State filing as a substantive reply.

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. now intend to prepare and submit the substantive reply referenced in our March 1 motion unless otherwise directed by this Board.

Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law H. Lee Dennison Building Veterans Memorial Highway Hauppauge, New York 11788 rs i Herbert H. Brown ' /~

Lawrence Coe Lanpher Karla J. Letsche KIRKPATRICK & LOCKHART 1900 M Street, N.W.,' Suite 800 Washington, D.C. 20036 Attorneys for Suffolk County F 4 C % :J rcy '

Fabian G. Palomino Special Counsel to the Governor Executive Chamber, Room 229 State Capitol Albany, New York 12224 Attorney for Mario M. Cuomo, Governor of the State of New York March 13, 1985 i

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UNITED STATES iOF AMERICA '

NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges:

o Christine N. Kohl, Chairman '85 FFe6rudEy:193, 1985 Dr. W. Reed Johnsori Howard A. Wilber .

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In the Matter of ) M FEP 14 ho:,

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LOUISIANA POWER & LIGHT COMPANY ) Docket No. 50-382 OL

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(Waterford Steam Electric Station, )

Unit 3) )

)

ORDER On January 25, 1985, Joint Intervenors filed a motion for.-leave to file a reply to applicant's and the NRC staff's responses to Joint Intervenors' motion to reopen. Their reply accompanied the motion for leave to file. The staff opposes the motion for leave to file, but seeks additional time in which to respond to Joint Intervenors' tendered reply itself, in the event we accept the latter for filing.

We have not yet decided whether to grant Joint Intervenors' motion and accept its tendered reply.

Nonetheless, we believe it would be useful and more efficient to have the staff's complete response on hand.1 a

1 Applicant has already chosen this course and replied' to Joint Intervenors' reply itself, as well as the motion for leave to file. Notwithstanding several contrary Licensing Board decisions cited to us, the preferred

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Accordingly, the staff should file the balance of its response by February 28, 1985.

It is so ORDERED.

FOR THE APPEAL BOARD b..b - 3 1 _ A-.\

C. Jdyn Shoemaker Secretary to the Appeal Board

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(Footnote Continued) practice followed in litigation is to tender the document that a party seeks leave to file along with its motion.

Similarly, the better practice is to tender any substantive response along with one's opposition to a motion for leave to file.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board

)

In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY AND STATE OF NEW YORK NOTICE OF INTENTION TO FILE REPLY MEMORANDUM, dated March 13, 1985, have been served on the following this 13th day of March 1985 by U.S. mail, first class.

Morton B. Margulies, Chairman Edwin J. Reis, Esq.

Atomic Safety and Licensing Board Bernard M. Bordenick, Esq.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Com.

Washington, D.C. 20555 Washington, D.C. 20555 Dr. Jerry R. Kline W. Taylor Reveley, III, Esq.

Administrative Judge Hunton & Williams Atomic Safety and Licensing Board P.O. Box 1535 U.S. Nuclear Regulatory Commission 707 East Main Street Washington, D.C. 20555 Richmond, Virginia 23212 Mr. Frederick J. Shon Ms. Donna D. Duer Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear. Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Edward M. Barrett, Esq.

General Counsel Mr. Jay Dunkleberger Long Island Lighting Company New York State Energy Office 250-Old Country Road Agency Building 2 Mineola, New York 11501 Empire State Plaza Albany, New York 12223 4

o Spence Perry, Esq. Stephen B. Latham, Esq.

A".sociate General Counsel Twomey, Latham & Shea Federal Emergency Management Agency P.O. Box 398 Washington, D.C. 20472 33 West Second Street Riverhead, New York 11901 Mr. Brian R. McCaffrey Long Island Lighting Company Ms. Nora Bredes Shoreham Nuclear Power Station Executive Director P.O. Box 618 Shoreham Opponents Coalition North Country Road 195 East Main Street Wading River, New York 11792 Smithtown, New York 11787 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 Dennison 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 James B. Dougherty, Esq.

3045 Porter Street, N.W. Jonathan D. Feinberg, Esq.

Washington, D.C. 20008 Staff Counsel New York State Public Mr. Stuart Diamond Service Commission Business / Financial 3 Rockefeller Plaza NEW YORK TIMES Albany, New York 12223 229 W. 43rd Street New York, New York 10036

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,. Stewart M. Glass, .Esq.

Regional Counsel Federal Emergency Management Agency 26 Federal Plaza, Room 1349 New York, New York' 10278 Mary Gundrum,-Esq.

New York State Department of Law

2 World Trade Center, Room 4614 New York, New. York 10047 i

W l Lawrence Coe Lanpher /

i KIRKPATRICK & LOCKHART 1900 M Street, N.W., Suite 800 Washington, D.C. 20036

. DATE: March 13, 1985 i

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