ML20149D886
| ML20149D886 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/05/1988 |
| From: | Casey S, Latham S, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY, TWOMEY, LATHAM & SHEA |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#188-5538 LBP-87-32, OL-5, NUDOCS 8802100072 | |
| Download: ML20149D886 (8) | |
Text
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'88 FEB -8 P3 59 Februarv 5.
1988 OU tCE t? EI N I!I UNITED SNCFE$"QF'f5MERICA.
NUCLEAR REGULATORY"COMMISSION Before the Atomic Safety and Licensino Acceal Board In the Matter of
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LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-5
)
(EP Exercise)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
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GOVERNMENTS' MOTION FOR EX' TENSION OF TIME TO FILE BRIEF Suffolk County, the State of New York, and the Town of Southampton ("Governments") move the Appeal Board for an exten-sion of time until February 26, 1988 in which to file their Brief responding to LILCO's appeal of the Licensing Board's Partial Initial Decision, dated December 7, 1987 (LBP-87-32).
LILCO's Notice of Appeal was filed on December 17, 1987.
Pursuant to that Notice of Appeal, LILCO filed its' Appeal Brief on January 19, 1988, and served the same by Federal Express.
In these circumstances, the Governments' Brief is due to be filed on February 17 or February 22, depending upon one's interpretation of 10 CFR S 2.762.1/
1/
The regulations are somewhat imprecise regarding exactly (footnote continued) f i
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e The Governments seek an extension of time until February 26, 1988 in which to file their Brief.
This would be an extension of four or nine days, depending upon how one calculates the appeal period.
This extension is requested for the following reasons:
1.
The Governments' case on Contentions Ex 15/16 (the issues raised by LILCO's appeal) has been handled by three attor-neys:
Mr. Zahnleuter for New York State; and Ms. Casey and Mr. Lanpher for Suffolk County.
They handled the trial, prepared the proposed findings of fact, and will handle the appeal.
2.
The foregoing attorneys have had and will continue to have substantial other duties which make it impossible for them to address the significant issues raised in LILCO's Appeal by February 17 or 22.
For instance, Mr. Zahnleuter and Mr. Lanpher will be occupied full-time through February 10, 1988 in working l
on responses to a series of summary disposition motions filed by LILCO on the legal authority contentions, responses to a LILCO l
(footnote continued from previous page) when the Governments' Brief is due to be filed.
Since LILCO's Brief was filed January 19 and served by Federal Express, Section 2.762(c) appears to give the Governments 32 days (30 plus 2 due to service (10 CFR S 2.710)),
or until February 20.
Since February 20 is a Saturday, the due date would be Februrry 22.
It is possible, however, to construe the regulations to require the Governments' Brief to be filed on February 17:
the period for filing LILCO's Brief expired January 16 (30 days from December 17); adding 2 days for LILCO's method of service, the Governments' 30 day period would expire February 17.
The Govern-ments believe the February 22 date is the appropriate one, since it takes into account the reality that LILCO was able to extend its filing date to January 19 as a result of the weekend due date (January 16) and the Martin Luther King holiday (January 18). ;
-t Motion in Limine, and discovery obligations in the remanded pro-ceedings in the OL-3 docket.
Accordingly, until February 11, they cannot devote substantial time to work on the Governments' Brief.2/
While Ms. Casey is not occupied on OL-3 matters, she has substantial other duties unrelated to Shoreham, including work on a death penalty case for which a habeas corpus petition must be filed within approximately one month.
Accordingly, Ms.
Casey can devote only a portion of her time to work on the Governments' Brief.
3.
The Appeal Board has previously recognized that the underlying record on appeal is large.
Sit ALAB Memorandum and Order, December 23, 1987, at 5-6.
Furthers it is clear that the issues raised by LILCO's Appeal are significant issues of first impression.
It will take substantial effort to prepare a
thorough Brief, at least in part because of coordination which will be needed between New York State and Suffolk County.
Given the substantial work on other aspects of the case which is being or will have to be performed in the next few weeks, and the sub-stantial issues which must be addressed in this appeal, the 2_/
The Governments have requested that the OL-3 Board consider postponing the February 10 summary disposition response date so the parties and the Board can assess the impact on the summary disposition motions and other pending matters, of LBP-88-2, the Frye Board's second exercise decision.
Even if that postponement is granted, however, the instant request still should be granted.
The seriousness of the issues addressed in the Partial Initial Decision on Contentions Ex 15/16, and the extensive record (see 1 3) by themselves merit the short extension sought herein.
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Governments submit that the requested short extension of time is warranted.
4.
Given the present posture of other issues pending be-fore the Licensing Board, including the recent issuance of LBP-88-2 on the LERO performance issues arising out of the Exercise, the Governments submit that the short time extension sought here-in will pose no prejudice to other parties.
5.
The undersigned counsel has spoken with counsel for the NRC Staf f and LILCO regarding the instant motion.
Counsel for LILCO has indicated LILCO will respond to the motion as promptly as possible, but could not commit to responding by Tuesday with-
[
I out first seeing this motion.
Counsel for Staff stated that Staff will respond promptly within the scope of other work they have in the office.
f For planning purposes, the Governments respectfully request that the Appeal Board require responses to this brief motion by close of business on Tuesday, February 9, and reach a decision on 1
the instant motion by February 10, 1988 and notify the Govern-J ments of the Board's ruling by phone.
The Governments note that in the event the Appeal Board grants this motion, the Governments l
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have no objection to the grant of a corresponding extension of time for the NRC Staff to file its brief on these issues.
Egg 10 CFR S 2.762(c).
Respectfully submitted, E. Thomas Boyle Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 L
bu.o se, 'h4 $9 i
Lawrence Coe Lqfpher Susan M. Casey KIRKPATRICK & LOCKRART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 Attorneys for Suffolk County i
J L M.Ah h />v d
Fabian G.
Palomino Special Counsel to the Governor of the State of New York Executive Chamber, Room 229 Capitol Building Albar.y. New York 12224 Attorney for Mario M. Cuomo, Governor of the State of New York LW 4. k w /n Stephen B.
Latham Twomey, Latham & Shea P.O. Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of Southampton 4
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18 FEB -8 P3 59 Februarv 5, 19(1 QF_FIC' Os Sicai AF '
UNITB6IST TES"IDF AMERICA NUCLEAR R htORY COMMISSION Atomic Safety and_Licensina Acceal Board
^
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-5 i
)
(EP Exercise)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
1 CERTIFICATE OF SERVICE j
I hereby certi'/ that copies of GOVERNMENTS' MOTION FOR EXTENSION OF TIME TO FIL': BRIEF have been served on the following this 5th day of February, 1988 by U.S. maiA, first class, except as other-wise noted.
I Christine N. Kohl, Chairman
- Mr. Alan S. Rosenthal*
Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission i
Washington, D.C.
20555 Washington, D.C.
20555 Dr. W. Reed Johnson **
John H.
Frye, III, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board U.S. Nuclear Regulatory Commission 115 Falcon Drive, Colthurst Washington, D.C.
20555 Charlottesville, Virginia 22901 Dr. Oscar H. Paris Mr. Frederick J. Shon Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 l
6.
t William R. Cumming, Esq.***
Anthony F.
Earley, Jr., Esq.
Spence W.. Perry, Esq.
General Counsel Office of General Counsel Long Island Lighting Company Federal Emergency Management Agency 175 East Old Country Road 500 C Street, S.W.,
Room 840 Hicksville, New York 11801 Washington, D.C.
20472 Elisabeth Taibbi, Clerk W. Taylor Reveley, III, Esq.***
Suffolk County Legislature Hunton & Williams Suffolk County Legislature P.O.
Box 1535 Office Building 707 East Main Street Veterans Memorial Highway Richmond, Virginia 23212 Hauppauge, New York 11788 Mr.
L.
F.
Britt Stephen B.
Latham, Esq.
Long Island Lighting Ccmpany Twomey, Latham & Ehea Shoreham Nuclear Power Station 33 West Second Street Ncrth Country Road Riverhead, New York 11901 Wading River, New York 11792 Ms. Nora Bredes Docketing and Service Section Executive Director Office of the Secretary Shoreham Opponents Coalition U.S.
Nuclear Regulatory Comm.
195 East Main Street 1717 H Street, N.W.
Smithtown, New York 11787 Washington, D.C.
20555 Alfred L.
Nardelli, Esq.
Hon. Patrick G. Halpin Assistant Attorney General Suffolk County Executive New York State Dept. of Law H.
Lee Dennison Building 120 Broadway Veterans Memorial Highway Room 3-118 Hauppauge, New York 11788 New York, New York 10271 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee Suite K P.O.
Box 231 San Jose, California 95125 Wading River, New York 11792 E. Thomas Boyle, Esq.
Fabian G.
Palomino, Esq.
Suffolk County Attorney Richard J.
Zahnleuter, Esq.
Bldg. 158 North County Complex Special Counsel to the Governor Veterans Memorie' Highway Executive Chamber, Room 229 Hauppauge, New ivek 11788 State Capitol Albany, New York 12224 Mr. Jay Dunkleburger Mr. Stuart Diamond New York State Energy Office Business / Financial Agency Building 2 NEW YORK TIMES Empire State Plaza 229 W.
43rd Street Albany, New York 12223 New York, New York 10036
i Edwin J. Reis, Esq.***
Mr. Philip McIntire U.S.
Nuclear Regulatory Commission Federal Emergency Management Agency Office of General Counsel 26 Federal Plaza Washington, D.C.
20555 New York, New, York 10278 David A.
Brownlee, Esq.
William C. Parler, Esq.
Kirkpatrick & Lockhart U.S.
Nuclear Regulatory Commission 1500 Oliver Building 10th Floor Pittsburgh, Pennsylvania 15222 1717 H Street, N.W.
Washington, D.C.
20555
- - By Hand Lawrence Coe Lanph9(
- f By Federal Express KIRKPATRICK & LOCKHART.,
By Telecopy 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 r
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