ML20127K676

Motion for Continuance of Hearing Scheduled to Commence on 850625 Re Reopening of Evidentiary Record on Contention 24.0.Requests Expedited Consideration of Motion.W/ Certificate of Svc

ML20127K676
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/21/1985
From:	Gundrum M, Zahnleuter R NEW YORK, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#285-567 OL-3, NUDOCS 8506270533
Download: ML20127K676 (8)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION NlM f UShRC 4

1 Before the Atomic Safety and_Licensina Board

] '85 JW 25 A10 :41

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CE Or SECT iv' l In the Matter of ) 00C CB N hch

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) ;e LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3 p{' ) (Emergency Planning) 4i (Shoreham Nuclear Power Station, )

1 Unit 1) )

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y 7 MOTION OF THE STATE OF NEW YORK 1 i' FOR A CONTINUANCE OF THE HEARING

? SCHEDULED TO COMMENCE ON JUNE 25, 1985 5 *l 4:

The State of New York hereby moves for a continuance of the h

[]n hearing scheduled to commence on June 25, 1985 regarding the jl reopening of the evidentiary record on Contention 24.0. There l

are two bases'for this motion:

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1) this Board concluded in its partial initial decision on k]*t

/ emergency planning that, regardless of the outcome of 1 the June 25, 1985 hearing, LILCO's plan cannot and will g]

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not be implemented as required by regulation; and

]g 2) the confusion over the legal representation of the q

j State of New York's co-intervenor pervades and disrupts q'

l .* this proceeding to the point that a meaningful record 4

I on Contention 24.0 cannot be compiled.

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l. POINT I W.

l THE BOARD'S PARTIAL INITIAL DECISION

]i I; ON EMERGENCY PLANNING RENDERS THE JUNE 25, 1985 HEARING MOOT UNTIL, IP p'! EVER ,_ THE DECISION _ IS REVERSED

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]I LILCO has the burden of showing in this proceeding that its a

di Plan can meet all applicable regulatory standards. Lona_ Island j Lichtina_ Company (Shoreham Nuclear Power Station, Unit 1), CLI-L'

,i 83-13, 17 NRC 741 (1983). Since this Board has already decided 1

in its partial initial decision on emergency planning, dated w.

jj April 17, 1985, that the LILCO Plan "cannot and will not be

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I implemented as required by regulation," the factual record to be 1

I developed at the June 25, 1985 hearing will be of no cons equ ence . As this Board stated on page 426 of its decision, I, LILCO's failure to meet its burden of proof on the legal

,. 4 j authority contentions (Contention 1-10) leaves LILCO "without an 1, ' implementable, comprehensive and effective emergency response dI

} plan for Shoreham."

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) No findings on the relocation center issues presented by d1 (2

Contention 24.0 can possibly provide LILCO with the legal authority it lacks. In fact, no modifications of the h

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') ; substantive portion of the LILCO Plan can provide LILCO with the

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lj; legal authority it lacks.

O LILCO has pursued its right to appeal this Board's April

'l 17, 1985 decision. However, this Board's decision will stand Ii .

~. until, if ever, it is reversed. Clearly, no appellate body has i

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E made cuch a reversal. The Board should issue a continuance of 4 the hearing scheduled for June 25, 1985, until, if ever, cuch a i

L reversal materializes.

t-1' i' POINT II I

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CONFUSION OVER THE LEGAL REPRESENTATION f' OF THE COUNTY OF SUFFOLK PRECLUDES THE l' COMPILATION OF A MEANINGFUL RECORD ON f' CONTENTION 24.0 l In a letter to Chaitc.cn Palladino, dated June 20, 1985, the 1, ,

Suffolk County Attorney stated:

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,i' The County Attorney is, therefore, bound by 1, Judge Doyle's order enjoining us and all

$; County personnel f rom modifying the policy and

l. legal position of Suffolk County with regard d' to Shoreham. It is our view, that the force j; of this judgment is to require the County 45 Attorney to qppose the licensino of Shoreham f! based on the inadecuacy of the [LILCO's]

Jj local emergency response plans ... However, it

(, should be noted that the operative effect of said judgment is in dispute and requires

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{ {! clarification from the Appellate Division.

[ Emphasis added]

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3 'i This position represents a marked divergence from the s

I Suffolk County Attorney's position propounded in the telephone l! conference call just the day before, June 19, 1985. This 4

chaotic vacillation in the position of the Suffolk County

!, Attorney pervades and disrupts this proceeding to the j point that a meaningful record on Contention 24.0 cannot be

., compiled. Furthermore, this confusion over the legal representation of the State of New York 's co-intervenor places i

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a own

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i the interests of the citizens of the County of Suffolk, who are also citizens of the State of New York, in serious jeopardy.

4 y If this Board chooses to deny a continuance for the reasons stated under Point I, the State of New York moves in the alternative for a continuance of the June 25, 1985 hearing until l the question of the legal representation of the citizens of the County of Suffolk is resolved by the New York courts.

POINT III i ALTERNATIVELY, THE STATE OF NEW YORK MAY

! OBJECT TO THE SUFFOLK COUNTY ATTORNEY'S PARTICIPATION IN_THE_ JUNE 25, 1985_ HEARING 1

Counsel for LILCO stated in the telephone conference call on June 19, 1985, that "He [the Suffolk County Attorney) did not wish himself to be relegated to che role simply of an observer" in the June 25, 1985 hearing. Tr.15,830. The State of New York reserves its right to object to any such participation in the 1

June 25, 1985 hearing by the Suffolk County Attorney.

i j POINT IV i

URGENCY

,, The State of New York requests that the Board give this motion expedited consideration.

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! Pabian G. a'104 rind, Esq.

I Special C unad1'tio the Governor l Richard J 2ahnleuter, Esq.

3 Executive Chanber, Room 229

! State Capitol

! Albany, Ucw York 12224

(518) 474-3522 l

Z%L ublt'%6, fT2.

Rob f Abrams,Esq.,)/

Att ney General of the State of New York i Peter Bienstock, Esq.

} Mary Gundrum, Esq.

Two World Trade Center Room 4614

, New York, New York 10047 Attorneys for Mario M. Cuomo,

{ Governor of the State of New York DATED: June 21, 1985

<l Albany, New York l

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UNITED STATES OF AMERICA  !

NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensina Board 00gMETED ,

'85 JUN 25 A10:41

)

In the Matter of )

) 0FFICE Or SECRtIM -

LONG ISLAND LIGHTING COMPANY ) Docket No . 50-322-OL-30CXETihG & SERV;U (Emergency Planning) HAEH

)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

)

CERTIFICATE OF_ SERVICE I hereby certify that one copy of MOTION OF THE STATE OF NEW YORK FOR A CONTINUANCE OF THE HEARING SCHEDULED TO COMMENCE ON JUNE 25, 1985, has been served on the following this 21st day of June 1985 by U. S. Mail, first class, except as otherwise noted.

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 Com.

Washington, D. C. 20555 Washington, D. C. 20555 Edwa rd M . Ba r rett , Es q. Mr. Jay Dunkleberger General Counsel New York State Energy Office Long Island Lighting Company Agency Building 2 250 Old Country Road Empire State Plaza Mineola, New York 11501 Albany, New York 12223 Spence Perry, Esq. Stephen B. Latham, Esq.

As aciate General Counsel Twomey, Latham & Shea Fede 'l Emergency Management Agency P. O. Box 398 Wasi Iton, D. C. 20472 33 West Second Street Riverhead, New York 11901

W t

l Mr. L. F. Britt Ms. Nora Bredes  :

Long Island Lighting Company Executive Director l' Shoreham Nuclear Power Station Shoreham Opponents Coalition P. O. Box 628 - North Country Road 195 East Main Street i 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 Martin Bradley Ashare, Esq.* ,** Hon. Peter F. Cohalan -

Suffolk County Attorney Suffolk County Executive H. Lee Dennison Building H. Lee Dennison Building Veterans Memorial Highway Veterans Memorial Highway Hauppauge, New York 11788 Hauppauge, New York 11788 Atomic Safety and Licensing Board Herbert Brown , Esq.*

• Panel Lawrence Lanpher, Esq.

U. S. Nuclear Regulatory Commission Kirkpatrick & Lockhart Washington, D. C. 20555 1900 M Street, N. W.

Washington, D. C. 20036 Atomic Safety and Licensing Appeal Docketing & Service Section Board Office of the Secretary ,

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

Washington, D. C. 20555 Washington, D. C. 20555 James B. Dougherty, Esq. Jonathan D. Feinberg, Esq.

3045 Porter Street, N. W. Staff Counsel Washington, D. C. 20008 New York State Public Service Commission Albany, New York 12223 Mr. Stuart Diamond Stewart M. Glass, Esq.**

Business / Financial Regional Counsel  :

NEW YORK TIMES Federal Emergency 229 West 43rd Street Management Agency New York, New York 10036 26 Federal Plaza, Rm. 1349 New York, New York 10278 Robert Hoffman C Sharlene Sherwin Susan Rosenfield P . O . Box 13 55 Massapequa, New York 11758

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' Richard J[p djiuter, Esq.

) Executive %a mer, Room 229 l State Capitol j Albany, New York 12224 i

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• The State of New York i does not recognize the

! Suffolk County Attorney as a legal representative of the County of Suffolk.

• • By telecopier, June 21, 1985

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. Dated: June 21, 1985 Albany, New York

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