ML20136D830

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Response Supporting Util 851104 Motion for Page Limit Extension on Petition for Review of ALAB-818,in Interest of Averting Denial of Petition.W/Certificate of Svc
ML20136D830
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 11/18/1985
From: Sherwin Turk
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Shared Package
ML20136D788 List:
References
ALAB-818, OL-3, NUDOCS 8511210376
Download: ML20136D830 (6)


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t h{CO UNITED STATES OF AMERICA NUCLEAP REGULATORY COMMISSION NS MV 79 BEFORE THE COMMISSION

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In the Matter of LONG ISLAND LIGHTING COMPANY

)

Docket No. 50-322-OL-3

)

(Emergency Planning)

(Shoreham Nuclear Power Station,

)

Unit 1)

)

NRC STAFF'S ANSWER TO LILC0'S MOTION FOR PAGE LIMIT EXTENSION ON PETITION FOR REVIEW OF ALAB-818 Sherwin E. Turk Deputy Assistant Chief Hearing Counsel l

November 18, 1985 l

8511210376 h h 22 ppR ADOCK PDR G

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I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of

)

)

LONG ISLAND LIGHTING COMPANY

)

Docket No. 50-322-OL-3

)

(Emergency Planning)

(Shoreham Nuclear Power Station,

)

Unit 1)

)

NRC STAFF'S ANSWER TO LILC0'S MOTION FOR PAGE LIMIT EXTENSION ON PETITION FOR REVIEW 0F ALAB-818 On November 4, 1985, Long Island Lighting Company (LILCO) filed its

" Motion for Page Limit Extension on Petition for Review of ALAB-818"

(" Motion"). Therein, LILC0 requested leave to file a 14-page Petition seeking Conunission review of ALAB-818,1I which Petition was also filed on November 4, 1985.

In support of its request, LILC0 asserted that the issues being presented for review " grow out of a substantial background of the Commission's own regulations and three years of proceedings in l

I this matter, and a sketch of highlights of that background is necessary in order to enable the Cor:nission fully to understand the issues being i

presented for review."

Pursuant to 10 C.F.R. 92.730(c), the NRC Staff hereby responds to LILC0's Motion. As set forth in the "NRC Staff's Answer to LILC0's

-1/

Long Island Lighting Company (Shoreham Nuclear Power Station, Unit 1), ALAB-818, 22 NRC (slip op., October 18,1985).

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Petition for Review of ALAB-818" (" Answer") filed herewith, the Staff believes that the issues which are now presented for Conrnission review were correctly decided by the Appeal Board and that Commission review of the Appeal Board's decision is not required -- notwithstanding the fact that those issues may be important. However, we recognize that the Appeal Board's decision arises from a lengthy procedural background (which LILC0 has addressed at length in its Petition), which the Com-mission may wish to recall in determining whether to accept review of ALAB-818.

For this reason, and in the interest of averting a denial of LILCO's petition on procecural grounds, the Staff does not oppose LILC0's instant request for a page limit extension.

i Respectfully submitted,

/

)(um0I Sherwin E. Turk Deputy Assistant Chief Hearing Counsel l

Dated at Bethesda, Maryland l

this 18th day of November, 1985 I

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" C) gi UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of

)

)

LONG ISLAND LIGHTING COMPANY

)

Docket No. 50-322-0L-3 (Shoreham Nuclear Power Station,

)

Unit 1)

)

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S ANSWER TO LILC0'S PETITION FOR REVIEW 0F ALAB-818" and "NRC STAFF'S ANSWER TO LILC0'S MOTION FOR PAGE LIMIT EXTENSION ON PETITION FOR REVIEW 0F ALAB-818" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 18th day of November,1985.

Alan S. Rosenthal, Esq., Chairman

  • Gary J. Edles, Esq.*

Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Washington, D.C.

20555 Howard A. Wilber*

Gerald C. Crotty, Esq.

Atomic Safety and Licensing Appeal Ben Wiles, Esq.

Board Counsel to the Governor U.S. Nuclear Regulatory Commission Executive Chamber Washington, D.C.

20555 State Capitol Albany, NY 12224 Morton B. Margulies, Chairman

  • Fabian G. Palomino, Esq.

Administrative Judge Special Counsel to the Governor Atomic Safety and Licensing Board Executive Chamber U.S. Nuclear Regulatory Comission State Capitol Wa'shington, D.C.

20555 Albany, NY 12224

^

Dr. Jerry R. Kline*

Jonathan D. Feinberg, Esq.

Administrative Judge New York State Department of Atomic Safety and Licensing Board Public Service U.S. Nuclear Regulatory Commission Three Empire State Plaza Washington, D.C.

20555 Albany, NY 12223

l.,,

W. Taylor Reveley III, Esq.

Mr. Frederick J. Shon*

Hunton & Williams Administrative Judge 707 East Main Street Atomic Safety and Licensing Board P.O. Box 1535 U.S. Nuclear Regulatory Commission Richmond, VA 23212 Washington, D.C.

20555 Herbert H. Brown, Esq.

Stephen B. Latham, Esq.

Lawrence Coe Lanpher, Esq John F. Shea, III, Esq.

Karla J. Letsche, Esq.

Twomey, Latham & Shea Kirkpatrick & Lockhart Attorneys at Law 1900 M Street, N.W.

P.O. Box 398 8th Floor 33 West Second Street Washington, D. C.

20036 Riverhead, NY 11901 Donna Duer, Esq.

Atomic Safety and Licensing Attorney Board Panel

  • Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commicsion Panel Washington, D.C.

205b5 U.S. Nuclear Regulatory _ Commission Washington, DC 20555 Atomic Safety and Licensing Appeal Board Panel

  • Dr. Monroe Schneider U.S. Nuclear Regulatory Commission North Shore Committee Washington, DC 20555 P.O. Box 231 Wading River, NY 11792 Docketing and Service Section*

Stewart M. Glass, Esq.

Office of the Secretary Regional Counsel U.S. Nuclear Regulatory Commission Federal Emergency Management Washington, D.C.

20555 Agency 26 Federal Plaza Spence Perry, Esq.

Room 1349 Associate General Counsel New York, NY 10278 Federal Emergency Management Agency Room 840 Robert Abrams, Esq.

500 C Street, S.W.

Attorney General of the State Washington, D.C.

20472 of New York Attn:

Peter Bienstock, Esq.

Edward M. Barrett, Esq.

Department of Law General Counsel State of New York Long Island Lighting Company Two World Trade Center 250 Old County Road Room 46-14 Mineola, NY 11501 New York, NY 10047 l

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MHB Technical Associates Ms. Nora Bredes 1723 Hamilton Avenue Shoreham Opponents Coalition Suite K 195 East Main Street San Jose, CA 95125 Smithtown, NY 11787 Hon. Peter Cohalan Samuel J. Chilk Suffolk County Executive Office of the Secretary County Executive / Legislative Bldg.

U.S. Nuclear Regulatory Commission Veteran's Memorial Highway Washington, DC 20555 Hauppauge, NY 11788 Martin Bradley Ashare, Esq.

Suffolk County Attorney Mr. Jay Dunkleberger H. Lee Dennison Building New York State Energy Office Veteran's Memorial Highway Agency Building 2 Hauppauge, NY 11788 Empire State Plaza Albany, New York 12223 Chris Nolin Mr. Robert Hoffman New York State Assembly Ms. Susan Rosenfeld Energy Committee Ms. Sharlene Sherwin 626 Legislative Office Building P.O. Box 1355 Albany, NY 12248 Massapequa, NY 11758

)0'su Ek Sherwin E. Turk Deputy Assistant Chief Hearing Counsel i.

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