ML20133Q300
| ML20133Q300 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 10/30/1985 |
| From: | Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#485-987 OL-3, NUDOCS 8511010480 | |
| Download: ML20133Q300 (7) | |
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4 LILCO, October 30, 1985 e
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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Before the Atomic Safety and Licensino Appeal Board 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 Proceeding)
(Shoreham Nuclear Power Station, )
Unit 1)
)
JOINT MOTION OF LONG ISLAND LIGHTING COMPANY AND NRC STAFF FOR EXTENSIONS OF TIME AND PAGE LIMITS ON EMERGENCY PLANNING BRIEFS ON FACTUAL ISSU_ES The Appeal Board's Memorandum and Order of June 20, 1985 deferred all consideration of extensions concerning the respon-sive briefs due from Long Island Lighting Company and the NRC Staff on factual issues decided by the Atomic Safety s..d Li-censing Board's April 17, 1985 decision, LDP-85-12, 21 NRC 644, until receipt of the brief or briefs of the intervenor-appellants on these issues.
Intervenor-appellants' brief, 100 pages in length as permitted by the Appeal Board's May 15 Order, was served by first class mail on October 23 after six extensions totalling some four months' duration.
LILCO's re-sponsive brief would accordingly be due on November 27 and the Staff's brief on December 9.
GRANTED For the Appeal Board c
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{BA* ANSE SShja Sdc 'tary to tlIe ipeal Board 9
10/30 11:10 7402186
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-3 LILCO requests on its own behalf, and at the request and on behalf of counsel for the Staff (Mr. Bordenick), the follow-ing extensions of time and page limits for their responsive briefs:
(1) extensions of the filing deadline of approximately two weeks, until December 13 for LILc0 and December 23 for the Staff; and (2) extensions of the page limit for each brief from 70 to 100 pages.
Good cause exists for the requested extensions.
Appel-lants have obtained repeated time extensions and have used the time to write a lengthy, detailed brief treating a wide spec-trum of issues.
Response to it will require significant record research and organization time.
The extensions requested here are far shorter than those obtained by appellants.
Similarly, extension of the page limit from 70 to 100 pages is warranted.
Appellants' unitary brief is replete with detailed footnotes and factual arguments.
While LILCO does not believe that any of them are valid, they cannot be persuasively refuted summarily.
Nor, by contrast with intervenors-appellants' situation, is any coordination or combination of briefs between LILCO and the Staff feasible, given the differ-ences in interest and perspective between the two parties.
El-emental fairness dictates that intervenors not be allowed half again as much briefing room as either LILCO or the Staff.
10/30 11:11 7402186
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_3 LILCO is authorized to state that counsel for Suffolk County (Mr. Kelley) and for the State of New York (Mr. Palomi-no) do not object to the requested extensions 4 Respectfully
- bmitted, JGLI ald P.
Irwin One of Counsel for Long Island Lighting Company Hunton and Williams 707 East Main Street Post Office Box 1535 Richmond, Virginia 23212 DATED:
October 30, 1985 10/30 11:11 7402186
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LILCO, Octobor 30, 1985 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY I
(Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 I hereby certify that copies of LILCO's Joint Motion of Long Island Lighting Company and NRC Staff For Extensions of Time and Page Limits on Emergency Planning Briefs on Factual Issues were served this dat. upon the following by telecopy as indicated by one asterisk, or by Federal Express as indicated by two asterisks, or by first-class mail, postage prepaid.
Alan S. Rosenthal, Esq.,
Morton B. Margulies, Chairman Chairman Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Fifth Floor (North Tower)
East-West Towers, Rm. 402A East-West Towers 4350 East-West Hwy.
4350 East-West Highway Bethesda, MD 20814 l
Bethesda, MD 20814 Dr. Jerry R. Kline Gary J. Edles, Esq.
Atcmic Safety and Licensing Atomic Safety and Licensing Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East-West Towers, Rm. 427 Fifth Floor (North Tower) 4350 East-West Hwy.
East-West Towers Dethesda, MD 20814 4350 East-West Highway Bethesda, MD 20814 Mr. Frederick J. Shon Atomic Safety and Licensing l
Dr. Howard A. Wilber Board Atomic Safety and Licensing U.S. Nuclear Regulatory Appeal Board Commission U.S. Nuclear Regulatory Commission East-West Towers, Rm. 430 i
Fifth Floor (North Tower) 4350 East-West Hwy.
East-West Towers Bethesda, MD 20814 4350 East-West Highway i
Bethesda, MD 20814 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 i
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. Atomic Safety and Licensing Spence W.
Perry, Esq.
Appeal Board Panel Acting General Counsel U.S. Nuclear Regulatory Federal Emergency Commission Management Agency Washington, D.C.
20555 501 C Street, S.W.
Washington, D.C.
20472 Atomic Safety and Licensing Board Panel MHB Technical Associates U.S. Nuclear Regulatory 1723 Hamilton Avenue Commission Susite K Washington, D.C.
20555 San Jose, California 95125 Bernard M. Bordenick, Esq.
Hr. Jay Dunkleberger Oreste Russ Pirfo, Esq.
New York State Energy Office Edwin J. Reis, Esq.
Agency Building 2 U.S. Nuclear Regulatory Empire State Plaza Commission Albany, New York 12222 7735 Old Georgetown Road (to mailroom)
Stewart M. Glass, Esq.
Bethesda, MD 20814 Regional Counsel Federal Emergency Management Donna Duer, Esq.
Agency Attorney 26 Federal Plaza, Room 1349 Atomic Safety and Licensing New York, New York 10278 '
Board Panel U.S. Nuclear Regulatory Stephen B. Latham, Esq.
Commission Twomey, Latham & Shea East-West (North Tower) 33 West Second Street 4350 East-West Hwy.
P.O. Box 298 Dethesda, MD 20814 Riverhead, New York 11901 Fabian G. Palomino, Esq.
James Dougherty, Esq.
Special Counsel to the 3045 Porter Street Governor Washington, D.C.
20008 Executive Chamber Room 229 Jonathan D. Feinberg, Esq.
State capitol New York State Department of Albany, New York 12224 Public Service, Staff Counsel Three Rockefeller Plaza Mary Gundrum, Esq.
Albany, New York 12223 Assistant Attorney General 2 World Trade Center William E. Cumming, Esq.
Room 4614 Associate General Counsel New York, New York 10047 Federal Emergency Management Agency 500 C Street, S.W.
Room 840 Washington, D.C.
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_3 Ms. Nora Bredes Martin Bradley Ashare, Esq.
Executive Coordinator Eugene R. Kelly, Esq.
Shoreham opponents' Coalition Suffolk County Attorney 195 East Main Street
!!. Lee Dennison Building Smithtown, New York 11787 Veterans Memorial Highway Hauppauge, New York 11787 Gerald C. Crotty, Esq.
Consel to the Governor Dr. Monroe Schneider Executive Chamber North Shore Committee State Capaitol P.O. Box 231 Albany, New York 12224 Wading liver, NY 11792
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b~m's Donald P.
Irwin
!!unton & Williams 107 East Main Street Fichmond, Virginia 23219 DhTED:
October 9, 1985 10/30 11:13 7402186
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3 UNITED STATES OF AMERICA b
NUCLEAR REGULATORY COMMISSIOM ATOMIC SAFETY AND LICENSING APPEAL BOARD p [ k I2 N~'
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l In the Matter of
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l LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-3
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(Emergency Planning) j (Shoreham Nuclear Power Station, )
l Unit 1)
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l CERTIFICATE OF SERVICE i
I hereby certify that, on this 30th day of October, 1985, I mailed a copy (first page only) of the Appeal Board's grant by stamp endorsement of " Joint Motion of Long Island Lighting Company and NRC Staf f for Extensions of Time and Page Limits on Emergency Planning Briefs on Factual Issues," dated October 30, 1985, to each of the following:
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Fabian G.
Palomino, Esq.
Special Counsel to the Governor Executive Chamber State Capitol, Rm. 229 Albany, NY 12224 l
Sherwin E.
Turk, Esq.
Martin Bradley Ashare, Esq.
Deputy Assistant Chief Suffolk County Attorney Hearing Counsel l
H. Lee Dennison Building Of fice of the Executive j
Veterans Memorial Highway Legal Director Hauppauge, NY 11788 U.S.
Nuclear Regulatory Commission i
Donald P.
Irwin, Esq.
Washington, D.C.
20555 Hunton & Williams 707 East Main Street i
P.O.
Box 15 35 l
Richnond, VA 23212 Docketing & Service Branch U.S.
Nuclear Regulatory Commission
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1 Washing ton, D.C.
20555 QN- -% --
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C. JK in Shoemaker j
Secre :ary to the Appeal Board i
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