ML20151P180
| ML20151P180 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/18/1988 |
| From: | Irwin D HARMON & WEISS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#288-6131 OL-3, NUDOCS 8804260102 | |
| Download: ML20151P180 (4) | |
Text
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6/8/
LILCO, April 18,1988
+
ccucico uwe UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'88 APR 22 A11:29
[0CkiIN:
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1 i I Before the Atomic Safety and Licensing Board In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
REQUEST FOR TEMPORARY SUSPENSION OF "REALISM" DEPOSITIONS Because of a new development in this case - the filing of the "Governments' Ob-jection to Portions of February 29 and April 8 Orders in the Realism Romand and Offer of Proof," dated April 13, 1988 -- LILCO asks the Board to take two immediate actions:
1.
IIold a conference call this af ternoon to discuss this re-quest and 2.
Temporarily suspend the deposition schedule on the "realism" and "immateriality" issues pending Board ac-tion on a LILCO response to Intervenors' Objection, to be filed this week, which will ask for a ruling on the effect of the April 13 Objection on the remaining is-sues to be heard.
The "Objection" filed by the Intervenors on April 13, giving the "full and true representations of the Governments' position" (Objection at 3) brings the Board and parties to a crossroads in this proceeding. LILCO believes it constitutes an event justi-fying the operation of the presumption of 10 CFR S 50.47(c)(1) that governments unwilling to cooperate in advance planning will nevertheless "generally follow" an ap-proved utility plan in the event of a radiological emergency. Accordingly, as an-nounced last week, LILCO will be filing with the Board this week a response to that Ob-jection seeking relief.
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-g-Since the relief LILCO will ask, if granted, will likely result in there being no hearing at all on the "realism" contentions, or at most a hearing greatly narrowed by the Intervenors' position as set forth in their Objection, the depositions now scheduled for this week (of LILCO's witnesses and of Dr. Axelrod, Mr. Halpin, Dr. Hartgen, Mr.
Sholly, and Mr. Minor) may not be necessary. The depositions of other State and County personnel, which have been ordered by the Board but nevertheless remain a matter of dispute, may also prove unnecessary. Accordingly, LILCO asks that the present depost-tion schedule be suspended pending action on the forthcoming LILCO response to Inter-venors' Objection.
This motion does not extend to the Intervenors' obligation to answer interrogato-ries by this Friday, April 22. It also does not affeet the remand issues of school bus driver role conflict, hospital ETE's, or the EBS.
l LILCO asks for expedited treatment of this motion and of the motion it will file l
!ater this week.
Respectfully submitted,
.J Donald P. Irwin James N. Christman Counsel for Long Island Lighting Company Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: April 18,1988 l
LILCO, April 18,1988 WP w a 22 m29 g]CH-)[yi CERTIFICATE OF SERVICE BRAN in the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 I hereby certify that copies of REQUEST FOR TEMPORARY SUSPENSION OF "REALISM" DEPOSITIONS were served this date upon the following by telecopier as in-dicated by one asterisk, by Federal Express as indicated by two asterisks, or by first-class mall, postage prepaid.
James P. Gleason, Chairman
- Adjudicatory File Atomic Safety and Licensing Board Atomic Safety and Licensing 513 Gilmoure Drive Board Panel Docket Silver Spring, Maryland 20901 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Jerry R. Kline
- Atomic Safety and Licensing P' !hard G. Bachmann, Esq.
- Board
- i. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of the General Counsel East-West Towers, Rm. 427 Washington, D.C. 20555 4350 East-West Hwy.
Bethesda, MD 20814 Herbert H. Brown, Esq.
- Lawrence Coe Lanpher, Esq.
Mr. Frederick J. Shon
- Karla J. Letsche, Esq.
Atomic Safety and Licensing Kirkpatrick & Lockhart Board South Lobby - 9th Floor U.S. Nuclear Regulatory Commission 1800 M Street, N.W.
East-West Towers, Rm. 430 Washington, D.C. 20036-5891 4350 East-West Hwy.
Bethesda, MD 20814 Fabian G. Palomino, Esq.
- Richard J. Zahnleuter, Esq.
Secretary of the Commission Special Counsel to the Governor Attention Docketing and Service Executive Chamber Section Room 229 U.S. Nuclear Regulatory Commission State Capitol 1717 H Street, N.W.
Albany, New York 12224 Washington, D.C. 20555 Alfred L. Nardelli, Esq.
Atomic Safety and Licensing Assistant Attorney General Appeal Board Panel 120 Broadway U.S. Nuclear Regulatory Commission Room 3-118 Washington, D.C. 20555 New York, New York 10271
- e
~
i George W. Watson, Esq.
- Ms. Nora Bredes William R. Cumming, Esq.
Executive Coordinator 1
Federal Emergency Management Shoreham Opponents' Coalition i
Agency.
195 East Main Street I
500 C Street, S.W., Room 840 Smithtown, New York 11787 Washington, D.C. 20472 Evan A. Davis, 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 North Shore Committee Mr. Philip McIntire 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 is h i
Donald P. Irwin Hunton & Williams 707 East Main Street P.O. Box 1535 l
Richmond, Virginia 23212 DATED: April 18,1988 r
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