ML20154B467
| ML20154B467 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/10/1988 |
| From: | Lanpher L, Latham S, Zahnleuter R KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY, TWOMEY, LATHAM & SHEA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#288-6226 OL-3, NUDOCS 8805170203 | |
| Download: ML20154B467 (6) | |
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,. e DOCKETED USNRC May 10 tpR9er 12 P6 :15 UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION BRMKd Before the Atomic Safety and Licensino Board l
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
GOVERNMENTS' MOTION TO DEFER FILING DATE FOR MOTIONS TO STRIKE ON REALISM TESTIMONY At today's Prehearing Conference, the Governments omitted to i
raise one matter which became "ripe" during the course of today's proceeding.
That concerns the timing for the filing of strike motions concerning LILCO's prefiled testimony on Contentions 1-2, 4-8, and 10.
j The Board stated part way through today's conference that it 4
expects to issue a decision concerning pending realism issues on i
i approximately May 26 or June 2.
If the Board were to dismjas the contentions (as LILCO and the Staff have urged), then strike motions are not required at all.
If the Board does not dismiss the contentions, the Board's decision still will have an impact i
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regarding what matters contained in the LILCO testimony are subject to being struck, since the Board necessarily will provide f
guidance on the realism issues.1/
i In view of the foregoing, as well as the work requirements i
already specified for this week (particularly the May 12 response i
to LILCO's discovery motion),-the Governments submit that it
~
makes sense that strike motions on LILCO's realism testimony be deferred until 7 days after receipt of the Board's ruling on realism issues.
Since there is a "target" date of June 20 or June 27 for the start of the realism trial, a deferral of strike motions should have no adverse impact on the proceeding.
Under the Board's current schedule, strike motions would be due to be filed this Friday, May 13.
Accordingly, we respect-fully request the Board to issue an immediate ruling on this i
matter and to advise the parties by telephone regarding the l
l i
1/
For example, if the Board were to decide to deny admission to some or all of the testimony of County Executive Halpin or Health Commissioner Axelrod, such action would provide a basia for striking many portions of the LILCO testimony as well.
This j
is because LILCO's testimony in many places addresses the same issues as are addressed in the Halpin and Axelrod testimonies.
For example, the LILCO testimony (at pages 22 and 26) discusses the Governments' familiarity with the LILCO Plan.
That matter is j
discussed in the Halpin testimony (at pages 7 and 8 and at pages 7-8 of the Halpin affidavit) and at pages 3-4 of the Cuomo i
affidavit that is attached to the Axelrod testimony.
1 outcome.
Again, we apologize for not raising this matter at the conference.
Respectfully submitted, E. Thomac Doyle Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788
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VN Asset Herbert H. Brown Lawrence Coe Lanpher Karla J. Letsche KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 l
Attorneys for Suffolk County t(
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& w b bs Fabian G. Palomino Richard J. Zahnleuter Special Counsel to the Governor of the State of New York Executive Chamber, Room 229 Capitol Building Albany, New York 12224 l
Attorneys for Mario M. Cuomo, f
Governor of the State of New York 1
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Stephen B.
Latham
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Twomey, Latham & Shea
[
P.O. Box 398 l
33 West Second Street i
Riverhead, New York 11901 I
Attorney for the Town of Southampton i
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ry 000KETED U$MC May 10. 1988 18 NLY 12 P6:15 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OmCE u? Her in,,7 e
00CKridoi A Si:"Vlf1 Sefore the Atomic Safety and Licensino Board BRANCH
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby~ certify that copies of Governments' Motion to Defer Filing Date for Motions to Strike on Realism Testimony have been served on the following this 10th day of May 1988 by U.S. mail, first class, except as otherwise noted.
James P. Gleason, Chairman
- Mr. Frederick J.
Shon*
Atomic Safety and Licensing Board Atomic Safety and Licensing Board 513 Gilmoure Drive U.S. Nuclear Regulatory Commission Silver Spring, Maryland 20901 Washington, D.C.
20555 Dr. Jerry R. Kline*
William R. Cumming, Esq.
Atomic Safety and Licensing Board Spence W.
Perry, Esq.
U.S. Nuclear Regulatory Commission Office of General Counsel Washington, D.C.
20555 Federal Emergency Management Agency 500 C Street, S.W.,
Room 840 Washington, D.C.
20472 i
- Te -
4 Fabian G. Palomino, Esq.
W. Taylor Reveley, III, Esq.*
Richard J.
Zahleuter, Esq.
Hunten & Williams Special Counsel to the Governor P.O. Box 1535 Executive Chamber, Rm. 229 707 East Main Street State Capitol Richmond, Virginia 23212 Albany, New York 12224 Joel Blau, Esq.
Anthony F.
Earley, Jr., Esq.
Director, Utility Intervention General Counsel N.Y. Consumer Protection Board Long Island Lighting Company Suite 1020 175 East Old Country Road Albany, New York 12210 Hicksville, New York 11801 E. Thomas Boyle, Esq.
Ms. Elisabeth Taibbi, Clerk Suffolk County Attorney Suffolk County Legislature Bldg. 158 North County Complex Suffolk County Legislature Veterans Memorial Highway Office Building Hauppauge, New York 11788 Veterans Memorial Highway Hauppauge, New York 11788 Mr. L.
F.
Britt Stephen B.
Latham, Esq.
Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power Station 33 West Second Street North 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 Department 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 i
Suite K P.O.
Box 231 l
San Jose, California 95125 Wading River, New York 11792 Mr. Jay Dunkleburger Edwin J.
Reis, Esq.*
New York State Energy Office George E. Johnson, Esq.
Agency Building 2 U.S. Nuclear Regulatory Comm.
Empire State Plaza Office of General Counsel Albany, New York 12223 Washington, D.C.
20555
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'tf o
t David A. Brownlee, Esq.
Mr. Stuart Diamond Kirkpatrick & Lockhart Business / Financial 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 W.
43rd Street New Yorx,-New York 10036 l
Douglas J. Hynes, Councilman Mr. Philip McIntire Town Board of Oyster Bay Federal Emergency Management Town Hall Agency Oyster Bay, New York 11771 26 Federal Plaza New York, New York 10278 Adjudicatory File Atomic Safety and Licensing Board Panel Docket U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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' Lawrence Coe Lanpher' KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 By Telecopy a
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