ML20133F663
| ML20133F663 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 10/08/1985 |
| From: | Kelley E, Palomino F NEW YORK, STATE OF, SUFFOLK COUNTY, NY |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#485-743 OL-3, NUDOCS 8510110180 | |
| Download: ML20133F663 (7) | |
Text
,,
.y October 8, 1985 CC'? ?ED a ;
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'85 EI m P3:16 Before the Atomic Safety and Licensing Appeal Board
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3DJ..'mG & SERvla
!] RANCH
)
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)
)
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SUFFOLK COUNTY AND STATE OF NEW YORK MOTION FOR EXTENSION OF TIME FOR FILING EMERGENCY PLANNING APPEAL BRIEFS _
Pursuant to the Appeal Board's order responding to Mr.
Kelley's letter dated October 4, 1985 concerning the need for additional time to file the Suffolk County brief on emergency planning issues, Suffolk County and the State of New York hereby request an extension of time to file the briefs now due October 15, 1985.
By this motion, the County and State seek an extension of the filing deadline to October 23, 1985 for the brief relating to the April 17, 1985 decision and to November 6, 1985 for the brief relating to the August 26, 1985 decision.
As explained in the October 4 letter to the Board, extensive damage to the electric power system resulting from Hurricane Gloria which struck Long Island on September 27, 1985 made it impossible to work productively during the..pe,riod September 27 to GRANTED
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- The Board expects the For the Appeal Board...,
s.
new acaa11nes to he met and will not grant a Q d y b m_b h \\D-M further extension absent a showing of the most
-Secktary to the Appeal Board extraorainary cause.
r 8510110180 051008 PDR ADOCK 05000322 0
_2-October 4 in preparing the County's brief.
The loss of electric power forced the closing of County offices, resulted in high ansentee rates even after the offices were reopened, and made it impossible to use word processing equipment essential to brief preparation.
See the attached Newsday article which describes conditions on Long Island following the hurricane.
Reliable electric power appears to have been restored to the County's offices as of October 7, 1985.
The County and State seek an eight-day extension of the filing deadline for for the brief on the April 17 PID in order to make up for the time lost due to the effects of Hurricane Gloria.
In addition, the requested brief extension of time will permit the State and County to deal with the logistics of producing a combined 100-page appeal brief rather than filing two separate briefs.
Based upon telephone conversations with the Appeal Board's law clerk, we understand that pending receipt of a motion from the parties, the Board has set October 15, 1985 as the due date for the County's and State's brief on the relocation center i
issues addressed in the August 26 decision.
As noted in the October 4 letter, the legality of LILCO's proposed use of the Nassau Coliseum is the subject of pending litigation and the l
County and State believe that the appeal briefs should be filed after completion of that litigation.
Should this Board wish to go forward despite the pending potentially dispositive
. litigation, however, the County and State request that the filing deadline for submission of the County's and State's brief on the relocation center issues be extended to November 6,1985, two weeks after the requested filing date for the brief on other emergency p'lanning issues.
The difficulties and delays attendent to pre-paring the brief on the April PID have made it impossible to focus on this second brief.
The additional time will allow the State and County to coordinate efforts, which we intend will result in a single brief on the relocation center issues.
Counsel for the Town of Southampton has authorized us to state that the Town joins in this Motion.
The County and State and Town intend that the' Town will join in each of the aforesaid briefs rather than filing a separate brief.
The additional time will assist in allowing a single brief by all appellants on each filing date.
A copy of this motion was provided by telecopier at ap-proximately 10:30 A.M.
today, October 8, 1985, to counsel for Lilco and counsel for the NRC..
The Staff authorized us to state that it neither supports nor opposes the Motion, but will file a statement of its position by close of business Thursday, October 10, 1985.
Counsel for Lilco has indicated that he intends to oppose both requested extensions and that he will file his objection in written form on Thursday, October 10, 1985.
In light of the obviously tight schedule and the logistic realities involved t
I
I
-4 in preparing and finalizing for filing b i is essential that we obtain a rulir efs of this magnitude, it ng by this Board as early as possible.
Accordingly, we propose that there be scheduled as soon as possible to allow Lil a conference call objection and to permit an expeditious Boa dco's counsel to state it the County and the State would be avail bl r
ruling.
Counsel for a
call first thing Wednesday morning, Octob e for such a conference er 9, 1985.
Respectfully submitted, Martin Bradley Ashare suffolk County Attorney By:
b Eugene Kelley Chief
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'~
uty County Attorne kh MN Fabfin G. PKlomino Special Counsel to the Governor ^
of the State of New York Executive Chamber, Room 229 Capitol Building Albany, New York 12224 Attorney for Mario M. Cuomo, Governor of the State of New York am
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enria + 8 81,000 Still Outh
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O LILCO chie, back at work, criticized by county By Lawrence C. Levy Lit.CO let inere be light yesterday to more than M
a quarter of the customers who began the day with-n his first full day tmek at work, C out it, but 81,000 homes and businessen rernained in Restoririg
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the dark eight days a!!cr !!arricane G!oria struck -
$5gggy
" truck by * $tarm of cr'ticiam over hia abseace and rnany were likely to stay that way beyond the the utility's failure to provide ollicials with mo Estirnated nuniber of LILCO weekend.
details.
About 4 p.m. yes*erday, the outagen bnarre the
, customers out of servce, chairman, Cohnhm said tw dem longest ever for the utility, which ter>k seven days in thousands-and four hours to restore power to all customers neighborhood breakdown of th knotked out by Il2rricar.e Belle ir. August,197(k Gloria is expretal to beat Ilcl!e by far. Chief Dep-E (bey'll be repaired.
uty Su%1k Cour.ty Emutive John Gallagher said
- After a week, people are frustrated " Cohala that Long Island Lighti,3 Company chairman Wit-said. "All they are gettmg are vague p,romises of Iiam Cataconinoa told county omeials yesterday that g
manana and they are tired ofit. I don't blame them,
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the utility hoped to restore power by Sunday night People have a right to be upset."
M to *Jo percent of the Su%Ik customern who had lost Cohalan said that ifhe didn't get the report fro 1
i LILCO by noon today, "weH rake them over th that w ir
. Call ghc 113 1
coals." He did not elaborate, but acknowledged Fri. Sat.
Stai Mon Tues. Wed ?ss Frt.
Lilf0 restored power to "12.000 brunen yester-1 the county had limited recourse.
elay. But the company could not say how cnany p j~
i pte it espects to be without power by the end of the lie said he was particularly concerned about th m-weelend.
estimated 40,000 Su%lk residents who are withou t
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in Essau, the number of outages was down wit appears that LIICO management will not he abl Pituation had a date... of when the to complete all of the repairs promised by Sunday -
a bout 2.000, but LtLCO could not predict when pow-e Su ik County Executsve PeterCohalan wrote yes occur... they could better live with it."
p will er to those customers would he restored.
tcrday in a letter to Catacos'mos. "Judgmg by th Soon aller the hurricane downed thcusands of Gallagher said the informstion is needed for hundreds of phone calls to my office, and from tours-utility poles and transmission linen last Friday, cut-e more than just public rnorale. 'ihe county be said ting power to mere than 750,000 homes and busince-armid the munty, the residents... still withoutaccds to know where ~to move our rer.ource, peop P"**'
are angry and j,ustifiably losing their pa-see on long Island, LIlf0 o(Ticials had said they the Salvation Army. Red Cross - into the right
&nce.,,
capected to complete repairs within a week.
places."
"Now, as your self.impo cd deadline approaches, Catacoe,inos returned to work Thuralay from Eu-Nassau County Executive Francis Purcell also rope, where he had remained on vacation during the met with Catacosinos and crpressed
--Continued on Page*,13 t
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over the utility'w~an'a absence during the company officials."
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chaarm cleen7p.
Asked what message his abence seat - espe-W company,k Telephonecleo found ONew Yor
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- 1 put it very bluntly: *1 fit was me I would have cially la light ofcompany :elicy that cancels vam-
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di of them homeow.000 of 24.000 c have been there, Pureell said in an interview. *Ifitgotten back here... that symbolically yo,u should tions dari field, hooked tp 4 s that this is not c ane. man orgeiration. It is made ners, who were without poweron ~<
was me I would have gotten my ass on the first plane up of personnel who do theirjobe very well... Our Thurs back. I would heve swum back if I had to.'
people are doing an excellent job in a storm that company hoped power could be restored by the end of Purcell said that Catacosinos didn't defend hia totally devastated our electric distribution system
- the weekend. All of the outages were in c
decision to remain abroad with his wife. *lle wasn't W weather, meanwhile, wasn't helping.
the South Shore in low-lying areas from the county
~4 defending it," INrcell said. *lfe said it was a esca-State licalth Commissioner David Axelrod, bead Line to East Moriches, on the North Shore in areas o(
tion that he'd planned for three fears, that his wife of Gov. Mario Cuomo's task force investigating LII-Smithtown and Brookhaven, and in most was still in Italy. He said he was in touch every day CO's performance, said utility officials told him that North and South Furks.
with his people...*
they were extremely concerned about the
- lousy" e Virtually all cable television service has beeno Al Catacosinos didn't say so directly, Pur-weather predicted for this weekend. *The concern restored to Nassau, except E
cell said, he believes the LILCO chairman realizes was... that thunderstorms would impede the ac.
Beilmore and Massapequa. to parts of Great Nec he should have returned. *The irnpression I got was.
tivity forcrews) and conid knock out power,* Arel-11,000 customers were out.But in eastern Su&lk, yes, that he rett he should have been there," said rod said.
There were a few bright devel
- g 1%rcell. "Did he learn a lesson? Yes...*
Axchod said that utility sources had indicated Reiaman said New York Telep ents.
R Cohalan, who critic; zed Catacesinos earlier for that repairs might not be completed svil the middle would not be charged for the time their phane e customers rernaining in Europe, naid: "I wish he had been bert of next week.
out, but he asked that they call business offices to be from the inception positive response."," but added that his return is "aLILCO was not atone in encountering duL:~1tvsure to receive credit. Nassau Consumer Affairs yesterday:
Connmissioner James E. Picken said that c Purcell said that during a rneetm, g in the county e h long taland Rail Road offered full service vision customers will b taling 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> or snore.e credited for lost service to-esecutive's Mincola office Catacosinoa seemed *very to all areas for the first time since Gloria struck -
However thecreditmust be tense - his momi was one of concern. lie felt this but nearly a quarter of its trains in the morning requested and it may take sever,al mont was a terrible catastrophe.'
ruh hours ran late. After a week ofcurtailed service company to approve the claim. lie urged patience, Emerging from his meeting with Cobalan,Cata-to the East End because ofno But patience is becoming increasingly semece.
cosioon told a reporter, *1'll answer certain questions out crossmg gates and swi er, which knocked the lack oflights and we are too,"sa the-LIRR began and others I won't.* Asked why he did not return running traina to Montauk and Greenporten hrs-from his vacation isn nediately, he said, *I, don't day evening. But creasing gates were still not work-spokeernan for Cohalan, adding: *lt looks like we a,re ing yest'erday between Yaphank and Greenport and want to go into that right now."
going to continue to provide for people's needs next
.,a Then Catamainoa added "I left (for Europel be-trains had to stop at :.4ch croming. As a result, dur-week."
sa fore the storrn hit.The plans had been in place for a ing the rnornin:;.ush 32 ofthe 139 scheduled trains long time and I have been in constant antact with were !=*t op ta 29 minutes and one was canceled. InBill Bleyer, Rick Smnd, John Cummings. John
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. v. s vi the evening, only 10 of 119 were late.
Mcdonald and Martin Weston contributed to p.
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%m.v.~r,.vm.-- es-m,this story.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY-COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD T5 ET 10 P3:16
)
In the Matter of GTR -); a 3DEipG & SEitvlu
^
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, on this 9th day of October, 1985, I mail a copy of the Appeal Board's grant by stamp endorsement o f the "Suf folk County and State of New York Motion for Exten-sion of Time for Filing Emergency Planning Appeal Briefs" (first page caly), dated October 8, 1985, to each of the following:
Eugene R.
Kelley, Esq.
Stephen B.
Latham, Esq.
Chief Deputy County Attorney Twomey, Latham & Shea H.
Lee Dennison Building 33 West Second Street Veteran's Memorial Highway Riverhead, NY 11901 Hauppauge, NY 11788 Bernard B.
Bornenick, Esq.
Donald P.
Irwin, Esq.
Office of the Executive Hunton & Williams Legal Director P.O. Box 1535 U.S.
Nuclear Regulatory 707 East Main Street Commission Richmond, VA 23212 Washington, D.C.
20555 Fabian G.
Palomino, Esq.
Docketing & Service Branch Special Counsel to the U.S.
Nuclear Regulatory Governor Commission Bxecutive Chamber Washington, D.C.
20555 State Capitol Albany, NY 12224 7
i l
l
_S. m C.
Qpan oemaker Secretary to the Appeal Board
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