ML20149F196

Ack Receipt of ASLB 880201 Memorandum & Order (Ruling on Applicant Motion of 871208 for Summary Disposition of Hosp Evacuation Issue).Aslb Must Follow Rules to Avoid Waste of Resources Caused by Action.Certificate of Svc Encl

ML20149F196
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/05/1988
From:	Lanpher L KIRKPATRICK & LOCKHART
To:	Gleason J, Kline J, Shon F Atomic Safety and Licensing Board Panel
Shared Package
ML20149F167	List: ML20149F162 ML20149F174 ML20149F196
References
OL-3, NUDOCS 8802120064
Download: ML20149F196 (4)

Text

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k Attachm:nt 4 KIRKPATRICK & LOCKHART s

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1. #'*" February 5, 1988 James P. Gleason, Chairman Dr. Jerry R. Kline Mr. Frederick J. Shon Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Members of the Board:

The Governments are in receipt of the Board's February 1, 1988 Memorandum and Order (Ruling on Applicant's Motion of December 8 (sic), 1987 for Summary Disposition of the Hospital Evacuation Issue). This letter does not deal with the substance of that Memorandum and Order. Rather, it states the Governments' strong objection to the Licensing Board's disregard for the procedures provided in the NRC regulations which is evidenced by its issuance of the Order.

LILCO filed its hospital evacuation summary disposition motion on December 18, 1987. Pursuant to an extension of time LILCO grantedwere motion at the request filed of theStaff by the NRC NRC S aff, 1 and theresponses to the/

Governments 2_ on January 15. Since the NRC Staff supported LILCO's motion, the Governments, pursuant to 10 CFR S 2.749(a), had the right to submit a response to the new facts and arguments proffered by the NRC Staff.

Pursuant to Section 2.749(a), the Governments' counsel, as well as the Governments' expert (Mr. Hartgen), worked diligently in late January, juggling numerous other Shoreham litigation obligations, to prepare a reply to the NRC Staff's response in support of LILCO's motion. Under the rules the Governments' reply was due to be filed on February 1, 1988. In fact, it was filed on that date. See Reply of Suffolk County, the State of 1/ See NRC Staff Response to LILCO's Motion for Summary Disposition of the Hospital Evacuation Issue (January 15, 1988).

2/ Suffolk County, State of New York, and Town of Southampton Response to LILCO's Motion for Summary Disposition of the Hospital Evacuation Issue (January 15, 1988). .

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s KIRKPATRICK & LOCKHART James P. Gleason, Chairman Dr. Jerry R. Kline Mr. Frederick J. Shon February 5, 1988 Page 2 New York, and the Town of Southampton to the NRC Staff Response in Support of LILCO's Motion for Summary Disposition of the Hospital Evacuation Issue, Fcbruary 1, 1988. The Governments' reply was 24 pages in length, and included an affidavit of Mr.

Hartgen, as well as an affidavit by one of the Governments' counsel, Mr. Lanpher.

Suffice it to state that extensive time and effort was devoted by the Governments in preparation of their reply. It was mailed to the service list, as provided by the regulations, on February 1, 1988. Unknown to the Governments, however, that same day, February 1, 1988, the Licensing Board had issued its deci-sion referenced above concerning the hospital evacuation issue, without even waiting until the Governments' reply had been filed and without even the courtesy of advising the Governments that in the event they were planning to exercise their rights under 10 CFR 6 2.749(a), they should do so on an expedited basis because the Licensing Board did not plan to await the regulatory period to afford the Governments a fair opportunity for response.

The Board's procedure was unfair and ca. sed a waste of resources by the Governments. And it was tt second instance just with respect to the hospital evacuatior remand proceeding, of the Board having ignored the Governments' rights and unfairly caused a waste of resources. See letter dated January 14, 1988 from Karla J. Letsche to the Board, concerning the Board's failure to inform counsel that a time extension motion had been granted.

This Board must follow the rules. The Board should also be sensitive to the waste of resources and pers;nal hardship caused by this sort of action. In the event the Board deems it necessary or appropriate to shorten time periods for the filing of responses, the Board should give advance .otice to all parties so that resources are not wasted and so that responses can be filed on a time frame so that they are given consideration by the Board.

Sinc rely yours, MMC'. }h cc: Donald P. Irwin, Esq.-

Edwin J. Reis, Esq.

Fabian G. Palomino, Esq.

William Cumming, Esq.

Steven Latham, Esq.

V ,

y LILCO, FebruOry 8,1988 00 METED U$NRC

's FEB 10' P2 :43 CERTIFICATE OF SERVICE OmcE U SEGiuuI  :

00CKEllNti A SElfVKL BRANCH In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322-OL-3 o

I hereby certify that copies of LILCO's Motion to Strike Intervenors' Unauthorized Reply to NRC Staff's Response to LILCO's Hospital Summary Disposition Motion were served this date upon the following by telecopier as indicated by one aster--

isk, by Federal Express as indicated by two asterisks, or by first-class mall, postage pre-paid.

James P. Gler. son, Chairman ** Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel 513 Gilmoure Drive U.S. Nuclear Regulatory Commission Silver Spring, Maryland 20901 Washington, D.C. 20555 i

Dr. Jerry R. Kline ** George E. Johnson, Esq. **

Atomic Safety and Licensing Richard G. Bachmann, Esq.

Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission One White Flint North 1 East-West Towers, Rm. 427 11555 Rockville Pike  !

4350 East-West Hwy. Rockville, MD 20852 ,

Bethesda, MD 20814 Herbert H. Brown, Esq.

• Mr. Frederick J. Shon ** Lawrence Coe Lanpher, Esq.

Atomic Safety and Licensing Karla J. Letsche, Esq.  !

Board Kirkpatrick & Lockhart j U.S. Nuclear Regulatory Commission South Lobby - 9th Floor East-West Towers, Rm. 430 1800 M Street, N.W.

4350 East-West Hwy. Washington, D.C. 20036-5891 Bethesda, MD 20814 Fabian G. Palomino, Esq.

• Secretary of the Commission Richard J. Zahnleuter, Esq. ,

Attention Docketing and Service Special Counsel to the Governor Section Executive Chamber U.S. Nuclear Regulatory Commission Room 229 1717 H Street, N.W. State Capitol Washington, D.C. 20555 Albany, New York 12224 i Atomic Safety and Licensing Alfred L. Nardelli, Esq. .

Appeal Board Panel Assistant Attorney General U.S. Nuclear Regulatory Commission 120 Broadway .

Washington, D.C. 20555 Room 3-118  ;

New York, New York 10271

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t f, Spence W. Perry, Esq. *J Ms. Nora Bredes William R. Cumming, Esq. Executive Coordinator Federal Emergency Management Shoreham Opponents' Coalition Agency 195 East Main Street 500 C Street, S.W., Room 840 Smithtown, New York 11787 Washington, D.C. 20472 Gerald C. Crotty, Esq.

Mr. Jay Dunkleberger Counsel to the Governor New York State Energy Office Executive Chamber Agency Building 2 State Capitol Empire State Plaza Albany, New York 12224 Albany, New York 12223 E. Thomas Boyle, Esq.

Stephen B. Latham, Esq. ** Suffolk County Attorney Twomey, Latham & Shea Building 158 North County Complex 33 West Second Street Veterans Memorial Highway P.O. Box 298 Hauppauge, New York 11788 Riverhead, New York 11901 Dr. Monroe Schneider Mr. Philip McIntire North Shore Committee Federal Emergency Management P.O. Box 231 Agency Wading River, NY 11792 26 Federal Plaza New York, New York 10278 Jonathan D. Feinberg, Esq.

New York State Department of Public Service, Staff Counsel Three Rockefeller Plaza Albany, New York 12223

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W Scott D. Mat'chett Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: February 8,1988 l

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