ML20141F803

Motion for Leave to File Briefs to Respond to Matters Raised in Brief in Opposition to Intervenors Appeal of ASLB Partial Initial Decision Re Emergency Planning & NRC Brief in Opposition to Intervenors Brief Re 850417 Decision

ML20141F803
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	01/06/1986
From:	Latham S, Letsche K, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY, TWOMEY, LATHAM & SHEA
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20141F810	List: ML20141F803 ML20141F848 ML20141F863
References
CON-#186-682, CON-186-682 OL-3, NUDOCS 8601090552
Download: ML20141F803 (3)

Text

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UNITED STATES OF AMERICA

,06 NUCLEAR REGULATORY COMMISSION JAA/ -g Al1 :42 Before the Atomic Safety and Licensing Appeal Board UUCiq7jy$$k.;y BR C " O '-

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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, STATE'0F NEW YORK, AND TOWN OF SOUTHAMPTON MOTION FOR LEAVE TO FILE REPLY BRIEFS Pursuant to this Board's Order of May 15, 1985, Suffolk County, the State of New York and the Town of Southampton hereby seek leave to file reply briefs to respond to certain matters raised in (1) LILCO's Brief in Opposition to the Intervenors' Appeal of the ASLB's Partial Initial Decision on Emergency Planning, December 13, 1985, and the NRC Staff Brief in Opposition to "Suffolk County,. State of New York, and Town of Southampton Brief on Appeal of Licensing Board April 17, 1985 Partial Initial Decision on Emergency Planning," December 23, 1985; and, (2) LILCO's Brief in Opposition to Intervenors' Appeal of the Nassau Coliseum and Guard Issues, December 11, 1985, and the NRC Staff Brief in Response to Intervenors' Appeal of Licensing Board's August 26, 1985 Concluding Partial Initial Decision on Emergency Planning, December 23, 1985.1 1

That Order set forth various dates for filings, which were extended by subsequent orders. Consistent with the schedule in the May 15 Order, (footnote continued) 9601090552860Ob22 PDR ADOCK O  %

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The briefs of LILCO and the NRC Staff contain mischaracterizations and misstatements which require correction, and some arguments as to which Appellants believe a written response, prior to oral argument, would assist the Appeal Board. Accordingly, Appellants seek leave to file the two reply briefs attached hereto. Since the Appeal Board asked for submittal of the reply briefs at the same time any motion is filed, Appellants do not set forth in this Motion the precise matters as to which Appellants need to respond. Those matters are, of course, set forth in the reply briefs.

Appellants address in their reply briefs only a limited number of the arguments made by LILCO and tie Staff. Many of the LILCO and Staff arguments were already addressed in Appellants' initial briefs filed on October 23 and November 6,1985; those r.ot already covered or discussed

,in the reply briefs submitted herewith will be addressed at oral argument. The fact that only selected issues are covered in the attached reply briefs does not indicate that Appellants agree with the characterizations, arguments, or responses made by LILC0 or the Staff with respect to matters not addressed therein.

("bctncre continued from previous page) th.s Motion is being served two weeks after the filing of the NRC Staff's briefs. See May 15 Order at 2, n.3.

Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge New York 11788 L0 j

- }{erbert H. Br Lawrence Coe npher Karla J. Letsche Michael S. Miller KIRKPATRICK & LOCKHART 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 Attorneys for Suffolk Co ty m i LM \ .

/ LL7W j Fablan G. Palodino Special Counsel to the Governor of the State of New York Executive Chamber, Room 229 Capitol Building Albany, New York 12224 Robert Abrams Attorney General of the State of New York Two World Trade Center New York, New York 10047 Attorneys for Governor Mario M.

Cuomo, and the State of New York J/ ,

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[Steplie B. Latham AD$>/pf }

Twom , Latham & Shea P.O. Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of Southampton January 6, 1986