ML20154B844

NRC Staff Motion for Schedule for Litigation of June 1988 Exercise.* Certificate of Svc Encl

ML20154B844
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	09/09/1988
From:	Matt Young NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#388-7053 OL-3, NUDOCS 8809140159
Download: ML20154B844 (5)

Text

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,7453 09/09/88 3 00LKETED U3NPC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'88 SEP 12 P2 :35 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ,.

,. 7 Occin yj @

In the Matter of )

LONG ISLAND LIGHTING COMPANY Docket No. 50-322-OL-3 (Emergency Planning)

(Shoreham Nuclear Power Station, Unit 1)

NRC STAFF MOTION FOR SCHEDULE FOR LITIGATION OF THE JUNE 1988 EXERCISE Pursuant to 10 C.F.R. 5 2.730, the NRC Staff hereby requests that the Board adopt the NRC Staff's proposed schedule for litigation of the results of the June 7-9, 1988 emergency planning exercise for Shoreham.

As grounds for the motion, the Staff states the following:

1. A full scale exercise of the LILCO Local Off-Site Radiological '

Emergency Response Plan for Shoreham was conducted on June 7-9, 1988. On September 9, 1988 FEMA, Region II issued a Post-Exercise Assessment. l dated September 2, 1988, and provided copies to Intervenors. On the same  !

I j day, FEMA also sent a letter from Grant C. Peterson to Victor Stello that '

l indicated (at 2) that "FEMA has reached a finding of reasonable ,

assurance."

2. In accordance with CLI-86-11, 23 NRC 577, 581 (1986),

intervenors may only litigate exercise results which they allege reveal l fundamental flaws in an emergency plan. In addition, intervenors are obliged to examine publicly available information which could serve as a i

foundation for a specific contention. Further, where a contention is wholly dependent upon the content of a particular document, to tender the l

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.3 contention with the requisite degree of promptness once the document is publicly available. Duke Power Co. (Catawba Nuclear Station, Units 1 and 2), ALAB-687, 16 NRC 460, 468-69 (1982), rev'd in part, CLI-83-19, 17 NRC 1041 (1983).

3. In view of the FEMA finding of reasonable assurance, the absence of any deficiencies in the FEMA report and the extensive background and interchange of information in this case relating to all aspects of emergency preparedness, the Staff requests the Board to establish a schedule which will expedite the resolution of this matter and bring the proceeding to a long awaited end.

l Accordingly, the Staff requests that the Board establish the

following schedule for any new contentions based on the FEMA exercise i

report:

NRC STAFF PROPOSED SCHEDULE i

October 13, 1988 Deadline for contentions on June Exercise l

October 28 and LILCO and Staff responses to contentions November 2, 1988

! November 15, 1988 Prehearing Conference

! November 29, 1988 Ruling on Admission of Contentions; Discovery begins on admitted contentions, if any 1

l December 23, 1988 Discovery ends January 6, 1989 Motions for summary disposition i

! January 26, 1989 Responses to sum 1ary disposition motions l

l l

(-- .

. ~

, February 7, 1989 Testimony filed Ruling on Motions for Summary Disposition February 27,1989 Evidentiary hearing commences, if needed Respectfully submitted, M-Mit i A oung . .:t'Jr Cou el for NRC Staff Dated at Rockville, Maryland this 9th day of September, 1988 i

l j

l

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

%[

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD '88 SEP 12 P2 :36

'In the Matter of LONG ISLAid LIGMTING COMPANY ) Docket No. 50-322-(Emergency Planning)

(Shoreham Nuclear Power Station, Unit 1)

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF NOTION FOR SCHEDULE FOR LITIGATION OF THE JUNE 1988 EXERCISE" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system or, as indicated by double asterisks, by telecopier, this 9th day of September S88.

James P. Gleason, Chairman

• Joel Blau. Esq.

Administrative Judge Director Utility Intervention Atomic Safety and Licensing Board Suite 1020 U.S. Nuclear Regulatory Comission 99 Washington Avenue Washington, DC 20555 Albany, NY 12210 Jerry R. Kline* Fabian G. Palomino, Esq.

Administrative Jydge Richard J. Zahnleuter, Esq.**

Atomic Safety and Licensing Board Executive Chamber U.S. Nuclear Regulatory Comission State Capitol Washington, DC 20555 Albany, NY 12224 Frederick J. Shon* Jonathan D. Feinberg, Esq.

Administrative Judge New York State Department of Atomic Safety and Licensing Board Public Service U.S. Nuclear Regulatory Comission Three Empire State Plaza Washington, DC 20555 Albany, NY 12223 Philip McIntire James N. Christman Esq.

Federal Energency Management Donald P. Irwin, Esq **

Agency Hunton & Williams 26 Federal Plaza 707 East Main Street Room 1349 P.O. Box 1535 New York, NY 10278 Richmond, VA 23212 Douglas J. Hynes, Councilman Marcia Gelman, Esq.

4 Town Board of Oyster Bay Hunton & Williams

Town Hall 2000 Pennsylvania Ave., NW l Oyster Bay, New York 11771 Suite 9000 Washington, DC 20006 a

)

Stephen B. Latham, Esq. Herbert H. Brown, Esq.

Twomey, Latham & Shea Lawrence Coe Lanpher, Esq.**

Attorneys at Law Karla J. Letsche, Esq.

33 West Second Street Kirkpatrick & Lockhart Riverhead, NY 11901 21uth Lobby - 9th Flo3r U 0O M Street, NW Atomic Safety and Licensing W.shington, DC 20036-5891 Board Panel (1)*

U.S. Nuclear Regulatory Comission Jay Dunkleberger Washington, DC 20555 New York State Energy Office Atomic Safety and Licensing Agency Building 2 Appeal Panel (5)* Empire State Plaza U.S. Nuclear Regu'atory Commission Albany, NY 12223 Washington, DC 20555 Spence W. Perry, Esq.

Martin Bradley Ashare, Esq. General Counsel Suffolk County Attorney Federal Emergency Management .

H. Lee Dennison Building Agency Veteran's Memorial Highway 500 C Street, SW Hauppauge, NY 11788 Washington, DC 20472 Anthony F. Earley, Jr. Dr. Monroe Schneider General Counsel North Shore Committee Long Island Lighting Company P.O. Box 231 175 East Old County Road Wading River, NY 11792 Hicksville, NY 11801 Ms. Nora Bredes Dr. Robert Hoffman Shoreham Opponents Coalition Long Island Coalition for Safe 195 Edst Main Street Living Smithtown, NY 11787 P.O. Box 1355 Massapequa, NY 11758 William R. Cumming. Esq.

Office of General Counsel Alfred L. Nardelli, Esq. Federal Emergency P.tnagement New York State Department of Law Agency 120 Broadway 500 C Street, SW Room 3-118 Washington, DC 20472 Docketing and Service Section* Barbara Neman Office of the Secretary Director, Environmental Health U.S. Nuclear Regulatory Comission Coalition for Safe Living Washington, DC 20555 Box 944 Huntington, New York 11743 Dr. W. Reed Johnson 115 Falcon Drive, Colthurst Charlottesville, VA 22901 p

/4 Miti . oun Coun el or NRC Staff u