ML20112C932

Motion for Leave to File Reply to Lilco 850311 Answer & NRC 850312 Response to Motion to Admit New Contention, Including Request That Issue Be Certified to Commission & New Issues Be Served from Rest

ML20112C932
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/20/1985
From:	Letsche K, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SUFFOLK COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20112C936	List: ML20112C932 ML20112C970 ML20112D039
References
CON-#185-181 OL-3, NUDOCS 8503220185
Download: ML20112C932 (3)

Text

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4 00CKETED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 35 pry 21 N0:26 Before the Atomic Safety and Licensing Board r; " d O' GFf'i{TinC goc p pirA LR 'N'Y'L f - I'h

)

In the Matter of )

)

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 MOTION FOR LEAVE TO FILE REPLY TO LILCO'S ANSWER AND NRC STAFF'S RESPONSE TO MOTION TO ADMIT NEW CONTENTION Suffolk County and the State of New York hereby seek leave to file a reply to the pleadings submitted by LILCO and the Staff in response to the County / State Motion to Admit New Contention.

Those pleadings are

LILCO's Answer to " Motion of Suffolk County l

and New York State to Admit New Contention" (Including a Request that the Issue be Certified to the Commission and that the New Issues be Severed from the Rest), dated March 11, 1985; and the NRC Staff Response to " Motion of Suffolk County and New York State to Admit New Contention," dated March 12, 1985.

The County and State clearly are entitled to respond to substantial portions of the LILCO pleading, since much of that LILCO pleading is devoted to matters not addressed at all in the County / State motion for admission of a nes contention. Thus, in addition to a discussion of the merits of the pending County / State Motion (contained in Sections III and IV), the LILCO 8503220185 850320 PDR ADOCK 05000322 O PDR S03 ,

pleading also contains a separate " Request for Certification to the Commission" (Section V) and a " Request for Prompt Decision" (Section VI).

Furthermore, LILCO's primary " response" to the County / State Motion (Section I) and the Staff's only response, are in essence, motions.for deferral of any ruling on the pending motion. Under-

.10 CFR $ 2.730(c), the County and State have the right to respond

.to these LILCO and Staff motions, and therefore ao additional

" leave"-is required.

Finally, the consistent past practice of this Board has been to permit the County and State to reply to pleadings which oppose the admission of proposed contentions.1! Thus, there is persuasive precedent in this very case to support the County and State's right to reply to the portions of the LILCO Answer that address the admissibility of the proposed contention (Sections II and III).

1 A! See,-e.g., Suffolk County's Responsc to LILCO's Objections to Intervenors' Consolidated Emergency Planning Contentions and to NRC Staff Response to Draft Emergency Planning Contentions (July 12, 1983); Suffolk County Response to NRC Staff and LILCO Oppositions to County Motion for Leave to File Contentions Regarding On-Site Emergency Preparedness (July 20, 1983); Suffolk County's Response to LILCO's Objections to Intervenors' Revised Emergency Planning Contentions and to NRC Staff Response to Revised Emergency Planning Contentions (August 8, 1983); Suffolk County Response to LILCO and NRC Staff Objections to Intervenors' Proposed Emergency Planning Contentions Modified to Reflect Revision 3 of the LILCO Plan (January 30, 1984); Suffolk County Reply to LILCO's Response to Suffolk County Motion to File New Contentions Concerning the LILCO Offsite Emergency Preparedness Training Program and LILCO's Objections to Proposed Training Contentions (March 7, 1984).

L.

c.

f Pursuant to the February 13, 1985 Appeal Board decision in the Waterford proceeding, Louisiana Power and Light Co.

(Waterford Steam Electric Station, Unit 3), NRC (February 13, 1985), the County and State's Reply is attached hereto.S!

Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 Hdrbeqt 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 s4 Fabian G. Palomino Special Counsel to the Governor of the State of New York Capitol Building Albany, New York 12224 Attorney for Mario M. Cuomo Governor of the State of New York March 20, 1985 SI Since we attach the Reply hereta, we do not include in this Motion a detailing of each point we would cover in the Reply.

Such a duplicative listing of data would conflict with the procedure suggested in Waterford.