ML20126A336
| ML20126A336 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/11/1985 |
| From: | Letsche K KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20126A320 | List: |
| References | |
| OL-3, NUDOCS 8506130311 | |
| Download: ML20126A336 (6) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
)
In the Matter of
)
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LONG ISLAND LIGHTING COMPANY
)
Dockot No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Huclear Power Station,
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Unit 1 )
)
)
SUFFOLK COUNTY RESPONSE TO LONG ISLAND COALITION FOR SAFE LIVING MOTION TO INTERVENE ON DEHALF OF THE RESIDENTS OF NASSAU COUNTY Suffolk County submits this response to the motion of the Long Island Coalition for Safo Living (" Coalition") to intervono on behalf of the ronidents of Nannau County in the omorgency planning hearing scheduled to begin on June 25, 1985 on LILCO's proposed uno of the Nannau County Votorann Memorial Colincum an a relocation contor.
The Coalition's motion should bo grantod.
The Coalition clearly reprononto pornons whose intoronta are affected by LILCO's proposed uno of the Nannau Colinoum an a relocation contor.
Furthor, the Coalition has not forth specific litigable innuon for considoration by the Board, and its motion in timely.
It was not until after thin Doard's ruling of May 6, 1985, that the coalition could know that their concorns woro not going to be adoquatoly covorod in the litigation called for by the Board.
Thoir intervention motion, filed two wooks lator, in cortninly timoly.
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I Further, there can be no strict application of " timeliness" requirements in the context of this reopened proceeding.
LILCO's proposed use of the Nassau County Coliseum was announced long after the evidentiary record had been closed and LILCO's own reopening motion was hardly a model of timeliness.
Indeed, the LILCO motion was justified by LILCO's mistaken belief that the Board would consider its new relocation center proposal without formally reopening the uvidentiary record.
Although LILCO's belief was incorrect and thus its motion very untimely, this Board nonotholoss did reopen the record for further evidentiary hearings.
Givon the serious potential health consequences of LILCO's proposal to the residents of Nassau County, the fact that the coalition could not have known that their concerns would not be presented during litigation until after the Board's ruling of May 6, 1985, and the latonosa of LILCO's request to reopen the record on the rolocation contor issues, formal intervention by the Coalition at this stage of the proconding is fully justified.
Finally, as a matter of sound policy, this Board should permit, and indood oncourago, tho appearance and participation in this procooding of any citizona group which is prepared to bring 4
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serious matters before the Board.
The Coalition clearly is such a group and its intervention motion should be granted.
Respectfully submitted, 1
Hir Mrt H. Br.o W Lawrence Coe Tanpher Karla J. Letsche KIRKPATRICK & LOCKHART 1900 M Street, N.W.,
suite 800 Wat:hington, D.C. 20036 Attorneys for Suffolk County June 11, 1985 i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensine Board
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3 ocagrgp
)
(Emergency Planning)
USNRC (Shoreham Nuclear Power Station,
)
N J M l2 M Q :g}
)
kky?{ElVJAlv/
bVlt CERTIFICATE OF SERVICE g
I hereby certify that copies of SUFFOLM COUNTY MOTION FOR' LEAVE TO FILE OUT OF TIME A RESPONSE TO LONG ISLAND COALITION FOR SAFE LIVING MOTION TO INTERVENE and attached SUFFOLM COUNTY RESPONSE TO LONG ISLAND COALITION FOR SAFE LIVING MOTION TO INTERVENE ON BEHALF OF THE RESIDENTS OF NASSAU COUNTY have been served on the following this 11th day of June 1985 by U.S. mail, first class, except as otherwise noted.
Morton S. 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.6 Administrative Judge Hunton & Williams Atomic Safety and Licensing Board P.0. 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.
205$5 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 Plata Albany, New York 12223
,./
Spence Perry, Esq.
Stephen B. Latham, Esq.
Associate General Counsel Twomey, Latham a Shea Federal Emergency Management Agency P.O. Box 398 Washington, D.C.
20472 33 West Second Street Riverhead, New York 11901 fir. L. F. Britt Long Island Lighting Company Ms. Norr, Bredes Shoreham Nuclear Power Station Executive Director P.O. Box 628 Shoreham opponents Coalition North Country Road 195 East Main Street Wading River, New York 11792 Smithtown, New York 11787 Joel Blau, Esq.
MHL 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 I
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Stewart M. Glass, Esq.
Mary Gundrum, Esq.
Regional Counsel New York State Department Federal Emergency Management of Law Agency 2 World Trade Center 26 Federal Plaza, Room 1349 Room 4614 New York, New York 10278 New York, New York 10047 Robert Hoffman Sharlene Sherwin Susan Rosenfeld P.O. Box 1355 M'assapequa, New York 11758 IIA 05/ >
Karla A Letsche '/ (/ ""
KIRKPATRICK & LOCKHART 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 DATE:
June 11, 1985 o
By Hand By Telecopier e
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