ML20133F708
| ML20133F708 | |
| 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-#485-749 OL-3, NUDOCS 8510110196 | |
| Download: ML20133F708 (8) | |
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October 8, 1985 Ccin tD z;y;~ ;-
A UNITED STATES OF AMERICA NUCLEAR REGULATORY COtGIISSION.O CI L) pg _,
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Before the Atomic Safety and Licensing A66eal-Board
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In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-3
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(Emergency Planning)
(Shoreham Nuclear Power Station,
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Unit 1) f
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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 dayed 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, 1955 decision.
As explained in the Oc cber 4 letter to the Board, extensive damage to the electric pcwer system resulting from Hurricane G;;ria which struck Len; Island on September 27, 1985 made it work produ::ively dur ng the peried September 27 ::
inpessible ::
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The loss of electric October 4 in preparing the County's brief.
I resulted in high power forced the closing of County offices, and made it absentee rates even after the offices were reopened, impossible to use word processing equipment essential ;o brief See the attached Newsday article which describes preparation.
Reliable conditions on Long Island following the hurricane.
t electric power appears to have been restored to the Coun y s 1985.
offices as of October 7, The County a,nd State seek an eight-day entensien of the filing deadline for for the brief on the April 17 FID in order to Gloria.
make up for the time lost due to the effects of Hurricane the requested brief extension of time will permit In addition, i
the State and County to deal with the logistics of produc ng a t
combined 100-page appeal brief rather than filing two separa e briefs.
Based upon telephone con _rsations with the Appeal Board s of a motion from law clerk, we understand that nending receipt 1985 as the due date the Board has set October 15, the parties, for the County's and State's brief on the relocation center As noted in the issues addressed in the August 25 decision.
legality of LILCO's proposed use of the the October 4 letter, Massau Coliseum is the subject of pending litigatien and the d
County and State believe that the appeal briefs should be file after completion of that litigatien.
Should this 3:ard wish to forward despite the pending potentially dispeciti.e go
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 VY-~;
after the requested filing date for the brief on other. emergency planning issues.
The difficulties and delays attendent to pre-paring the brief on the Apri1 PID have made it impossible to focus on this second brief.
The additional time will allow the State and County to coordinate effotts, which we intend will result in a single orief on t,he relocation canter 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 afor'said briefs e
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 vas 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 authori, zed 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 raquested 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
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sr in preparing and finalizing for filing briefs of this magnitude, it is essential that we obtain a ruling by this Board as early as pos sible.
Accordingly, we propose that there be a conference call scheduled as soon as possible to allow Lilco's counsel'to state its objection and to permit an expeditious Board ruling.
Counsel for the County and the State would be available for such a conference call first thing Wednesday morning, October 9, 1985.
Respectfully submitted,
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Martin Bradley Ashare Suffolk County Attorney ff DL' D
By:
Eugene R;. Kelley Chief Deputy County Attorne3v'
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O is; Fabian G.
Pslomino j
Special Counsel to the Governor of the State of New York E:cecutive Chamber, Room 229
- Capitol Building Albany, New York 12224 Attorney for Mario M. Cuomo, Governor of the State of New York
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81,000 Still Out LILCO chie, back at work, criticized by county executives lly Lawrence C.1, cry worst disaster in the utility's history. Yesterday, on :
s 750 Lil.CO let there be light yesterday to more than his first full day back.at work, Catacosinos was a quarter of the customers who began the day with-Rostoring
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struck by a storm orcriticism over his absence and out it, but 81,000 homes and businesses remained in poyfer i
usty's Mum 4 pm& omcialsa mom etails.
.a the dark eight days after ilurricane Gloria struck -
Estimated number of LILCO After an hour-long. meeting with the LILCO.
and many were likely to stay that way beyond the weekend.
. customers out of serv,ce, I
chairman, Cohalan said he demanded -and Cata-i in thousands.
cosinos agreed
' to provide a neighborhood-by->,.
About 4 p.m. yesterday, the outages became the neighborhood breakdown of the outages and when longest ever for the utility, which took seven days 425N.
they'll be repaired.
t and four hours to restore power to all customers 365 5 knocked out by llurricane Belle in August,1976 "After a week, people are frustrated," Cohalan G!oria is expected to beat Belle by far. Chief Dep-said. "All they are getting are vague promises of ', a, manana and they are tired ofit. I don't blame them.'
uts Su%Ik County Executive John Gallagher said
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th'at lamg Island I ighting Company chairman Wil-i People have a right to be upset."
206 liam Catacosinos told county omeials yesterday that Cohalan said that if he didn't get the report from the utility hoped to restore power by Sunday night 150 %
LILCO by noon today, "we'll ralre them over the
'i to 95 percent of the Suhlk customers who had lost 113 't coals." lie did not elaborate, but acknowledged that it. "It wasn't a pledne or a gaurantee, but he said
! B1 Nl the county had limited reccurse.
Fri.
Sat.
Sun.
Mon.
Tues Wed.
Thur. 1 Fri.
that was their goal," Gallagher said.
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t lle s id he was particularly concerned about the LlLCO restored power to 3'.',000 homes yester-d5iMch;o3 estimated 40,000 Suffolk residents who arn without
.Y day. Ilut the company could not say how many peo-w ter as well as power. "If people who m e in that ple it expects to t;e without power by the end of the w e,.ke nd.
it appears that LILCO management will not be able situatmn had a date.. of when the hookup will to complete all of the repairs promised by Sunday - occur.
. they could better hve with it."
ala. t,
,1utiII uld t i
h p - SufTolk County Executive Peter Cohalan wrote ycI-Gallagher said the information is needed for
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terday in a letter to Catacosinos. Judgmg by the more than just pubhc morale. The county, he said, or to those cu.stomers would be restored.
hundreds of phone calls to my othee, and from tours needs to know where"to move our resource people-Scon after the hurricane downni thousands of ar und the county, the residents.. still without the Salvation Army, ited Cross - mto tne right mility poics and transmission lines last Friday, cut-h I"** # te nngry and justifiably losing their pa-places."
ting t wer to more than 750.000 homes and busines-tience.,
ses oa 1.cng l>Iand, LILCO officials had said they Nassau County Executive Francis Purcell also ey ected to complete repairs withm a week.
Catacosinos returned to work Thursday from Eu-met with Cata asinos and expressed his displeasure
.' -Continued on Page 13 "Nov., as our seh'-imposed deadline approaches, rope, where he had remained on vacation during the
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.e-r ower 3. t. Expected L ntit, ext V eek'
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company oIIicials."
e New York Telephone also found the going slow. 3
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over me utility chairmans absence during the Asked what message his absence sent - espe-The company, which has 2,600 repair crews in the' E cleanup.
cially in light of company policy that cancels vaca-field, booked up 4',000 of 24.000 customers, virtually '4 "I put it very blurtly: Vfit was me I would have tions during serious storms - he said:"What it says all of them homeowners, who were without power on gotten back here... that symbolically you should is that thir, i s not a one-man organization. It ig'nade Thurslav night. Spokesman Brtice Reisman said th have been there!" Purcell said in an interview.*Ifit up of perssanel who d6 their jobs very well... Our company hoped power could be restored by the end of M N.
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was me I would have gotten my ass on the first plane people are doing an excellent job in a storm that the weekend. All of the outages were in Subik, on 3 I
bacl<. I wouhl have swum back if I had to."
totally devastated our electric distribution system."
the South Shore in low-lying areas from the county' Purcell said that Catacosinos didn't defend his The weather, meanwhile, wasn't helping.
line to r,ast Moriches, on the North Shor'e in areas of.
decision to remain abroad with his wife. "Ile wasn't State Ilealth Commissioner David Axelrod, head Smithtown and Brookhaven, and in' most of the' b
defending it," Purcell said. "lle said it was a vaca-of Gov. Mario Cuomo's task force investigating LIL-North and South Forks.
.! 5 tion that he'd planned for three ycars, that his wife CO's performance, said utility officials told him that e Virtually all cable television service has beent lR '
was stiu m Italy. Ile said he was m, touch every day they were extremely concerned about the " lousy" restored to Nassau, except to parts of Great Neck,f 9, ~ ;'
with his top people - -
weather predicted for this weekend. "The concern Bellmore and Massapequa. But in castern Su%!k,: -"
Although Catacosinos didn't say so directly, Pur- -was... that thunderstorms would impede the ac-11,000 customers.were out.
e a ;;;
5 3' cell said, he believes the LILCO chairman realizes tivity [of crews] and could knock out power," Axel-There were a few bright developments.
he should have returned. "The impression I got was, rod said.
Reisman said New York Telephone customers -
i yes that he felt he should have been there," said Axelrod said that utility sources had indicated would not be charged for the time their phones were Purcell. "Did he learn a lesson? Yes.."
that repairs might not be completed dntil tne middle out, but he asked that they call business offices to be' Cchalan, who criticized Catacosinos earlier for of next week.
sure to receive credit. Nassau Consumer: Affairs ~
remaining in Europe, said;"1 wish he had been here LILCO was not alone in encountering difficulty Commissioner James E. Picken said that cable tele. ~
from the inception," but added that his return is "a yesterday:
vision customers will be credited for lost service toJ positive response."
e The long Island Rail Road ofTered full service taling 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> or more. Ilowever, the credit must be
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Purcell said that during a meeting in the county to all areas for the first time since Gloria struck - requested and it may take several months for the executive's Mineola office Catacosinos seemed "very but nearly a quarter of its trains in the morning company to approve the claim. IIe urged patience.
e' a
'ense - his mood was one of conecrn. lie felt this rush hours ran late. After a week ofcurtailed service But patience is becoming increasingly scarce.
to the East End because ofno y sw
" People are becoming increasingly frustrated by out crossing gates and switelfes,er,which knocked was a terrible catastrophel' the LIRR began the lack of lights and we are too " said Eric Kopp, a Emerging from his meeting with Cohalan, Cata-
'cosinos told a reporter,"rll answer certain questions running trains to Montauk and Greenport on Thurs-spokesman for Cohalan, adding:"It looks like we are a' and others I won't." Asked why he did,d, "I don't day evening. But crossing gates were still not work-going to continue to provide for people's needs next cd not return from his vacation iminediately, he sai ing yest'erday between Yaphank and Greenport and week."
want to go mto that right now.
trains had to stop at each crossing. As a result, dur-Then Catacosinos added: "I left [for Europe] be-ing the morning rush 32 of the 139 scheduled trains Bill Bicyer, Rick Brand, John Cummings, John fore the stor a hit. The plans had been in place fo-a were late up to 29 minutes and one was canceled. In Mcdonald and Martin Weston contributed to j
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leag time and I have been in constant contact with the evening, only 10 of 119 were late.
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. r October 8, 1995 CERTIFICATE OF SERVICE In the Matter of f.i...
LONG ISLAND LIGHTING COMPANY "l9 (Shoreham Nuclear Power Station, Unit 1) f Docket No. 50-322-OL-3 (Emergency Planning)
I hereby certify that a motion submitted on behalf of Suffolk County and State of New York, dated October 8, 1985, has been served on the following by first class mail (and by telecopier as indicated by an
- ).
. Alan S. Rosenthal, Esq., Chairman *
. Gary J.
Edles, Esq.*
Mr. Howard A.
Wilbert,r Atomic Safety and Litensing Appeal Board U.S. Nuclear Regulatory Commission East-West Tower, North Tower 4350 East-West Highway Bethesda, MD,20814 Fabian G. Palomino, Esq.
Donna Duer, Esq.
Special Counsel to the Governor Atomic Safety and Licensing Executive Chamber, Rm. 229 Board Panel State Capitol U.S. Nuclear Regulatory Comm.
Albany, New York 12224'.
East-West Tower, North Tower 4350 East-West Highway Mary Gundrum, Esq.
Bethesda, MD 20814 Assistant Attorney General 2 World Trade Center Room 4614 James B.
Dougherty, Esq.
New York, New York 10047 3045 Porter Street Washington, D.'C.
20008 Stewart M. Glass,'Esq.
Regional Counsel Jay Dunkleberger, Esq.
Federal' Emergency New York State Energy QCfice Management Agency Agency Building 2 26 Federal Plaza, Rm. 1349 Empire State Building New York, New York 10278 Albany, New York 12223 Kirkpatrick & ' Lockhart, Esqs.
Morton B. Marguiles, Chairman 1900 M Street, N.W.
Dr. Jerry R.
Kline Washington, D.C.
20036 Mr. Frederick J. Shon Administrative Judges Atomic Safety and Licensing Bd.
U.S.
Nuclear Regulatory Comm.
4350 E/W Highway Eethesda, Maryland 20814
.r Stephen B.
Latham, Esq.
Mr.. Martin Shubert
~ John F.
Shea, Esq.
c/o Congressman William Carney Twomey, Latham & Shea 1113 Longworth House Office f
33 West Second Street Building P.O. Box 398 Washington, D.C.
20515 Riverhead, New York 11901 Docketing and Service Bernard M. Bordenick, Esq.*
Branch (3)
Robert G. Perlis, Esq.
Ofice of the Secretary Edwin J. Reis, Esq.
U.S. Nuclear Regulatory Comm.
I Office of the Executive Legal Washington, D.C.
20555 Director U.S.
Nuclear Regulatory Commission Ralph Shapiro, Esq.
Washington, D.C.
20555 Cammer and Shapiro, P.C.
9 East 40th Street Atomic Safety and Licensing Board New York, New York 10016 2anel
-U.S.
Nuclear Regulatory Commission Washington, D.C.
205$5 Robert E.
Smith, Esq.
Rosenman Colin Freund Lewis Jonathan D.
Feinberg, 2sq.
& Cohen l
New York State Department of 575 Madison Avenue l
Public Service, Staff Counsel New York, New York 10022 l
Three Rockefeller Plaza l
Albany, New York 12223 Spence W.
Perry, Esq.
Hunton & Williams, Esgs.
Associated General Counsel 707 East Main Street Federal Emergency Richmond, Virginia 23219 Management Agency 500 C Street, S.W.
Room 840 j.
Washington, D.C.
20472 Atomic Safety and Licensing Appeal Board Panel U.S.
Nuclear Regulatory Comm.
Wshington, D.C.
20555 f'
MARTIN BRADLEY ASHARE Suffolk County Attorney H.
Lee Dennison Building Veterans Memorial Highway Hauppauge, New York 11788 (516 360-4066 n
By:
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EUGENE R.
KELLEY
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Chief Dep(uty County Atto M Sworn to before me this 8th day of October, 1985, sa4h fM m &-
c.my,
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