ML20154E987

Forwards NRC Motion for Schedule for Litigation of June 1988 Exercise

ML20154E987
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	09/14/1988
From:	Scinto J NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Gleason J Atomic Safety and Licensing Board Panel
References
CON-#388-7084 OL-3, NUDOCS 8809190210
Download: ML20154E987 (1)

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/,,e -. - ' UNITED STATES 1

l' e NUCLE AR REGULATORY COMMISSION l

{e l W ASHING T ON. D. C. 20H4 C%>EIED  ;

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• • • • • September 14, 1988  !

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• rre b Janes P. Gleason, Chaiman hx n E i, , .

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Administrative Judge t Atomic Safety and I.f eensing Board U.S. Nuclear Regulatory Comission  !

Washington, DC 20555 i

t In the Matter of i Long Island Lighting Company  !

(Shoreham ibclear Pewer Station, Unit 1)  !

Dodet No. 50 322 OL 3 i (Erercene) Planning)

Dear Judge Gleason:

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! was infortred that your OL-3 Licensing Board has ont received a copy of the "NRC Staff Motion for Schedule for Litigation of the June 1988 Exercise" in [

the captioned proceeding.

Enclosed is a copy of our trotion. Copies are being provided to the other members of the Board, [

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Sincerely. - v'

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JosepfF'$cinto 3 j l

Acting Assistant General Counsel j for Hearings -

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Enclosure:

As Stated I cc w/ enclosure:

Judge Jerry R. Kline '

Judge Frederick J. $ hon i

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I 8809190210 890914 PDM ADOCK 05000322 I Q PDR 1

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.. 09/09/88 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC _ SAFETY AND LICENSING BOARD In the Matter of )

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

(Shoreham Nuclear Power Station, Unit 1)

NRC STAFF MOTIM FOR SCHEDULE FOR LITIGATION OF THE JUNE 1988 EXERCISE Pursuant to 10 C.F.R. 5 2.730, the NRC Staff hereby requests that tne Board adopt the NRC Staff's proposed schedule for litigation of the results of the June 7-9, 1988 energency 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 Shorehn was conducted on June 7-9, 1988. On September 9, 1988, FEMA, Region II issued a Post-Exercise Assessment, dated Septenber 2,1988, and provided copies to Intervenors. On the same day, FEMA also sent a letter from Grant C. Peterson to Victor Stello that indicated (at 2) that "FEMA has reached a finding of reasonable assurance.'

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

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

foundation for a specific contention. Further, where a contention is wholly dependent upon the content of a particular document, to tender the 49 01l40 '! 5 % s ? P-

-2 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-83-10,

7 NRC 1041 (1983).

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

Accordingly, the Staff requests that the Board establish the following schedule for any new contentioas based on the FEMA exercise report: '

_N_RC__

- STAFF PROPOSED SCHEDULE Cetober 13, 1988 Deadline for contentions on June Exercise October 28 and LILCO and Staff responses to contentions November 2, 1988 November 15, 1988 Prehearing Conference j hovember 29, 1988 Ruling on Admission of Contentions; Discovery '

begins on admitted contentions, if any Cecember 23,. 1988 Discovery ends January 6, 1989 Motions for summary disposition j

j Ja nua ry 26, 1989 Responses to sunnary disposition motions I

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3- 1 February 7, 1989 Testimony filed Ruling on Motions for Summary Disposition February 27, 1989 Evidentiary hearing corrences, if needed Respectfully submitted.

f!it i A oung Cou . el for f1RC Staff Dated at Rockville, Maryland this 9th day of September, 1988 l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Ir the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3 (Shoreham Nuclear Power Station.

Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION 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,1988.

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.

4 ,inistrative Judge Richard J. Zahnieuter, Esq.**

Atenic Safety and Licensing Board Executive Chamber U.S. Nuclear Regulatory Commission 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 Emergency Management Donald P. Irwin, Esq.**

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

Tcwn Board of Oyster Bay Hunton & Williams Tcwn Hall 2000 Pennsylvania Ave., NW Oyster Bay, New York 11771 Suite 9000 Washington, DC 20006

4 4 Stephen B. Latham, Esq. Herbert H. Brown, Esq.

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

Attorneys at Law Karla J. Letsche, Esq.

33 West Second Street Kirkpatrick & Lockhart Riverhead, NY 11901 South Lobby - 9th Floor 1800 M Street NW Atomic Safety and Licensing Washington, DC 20036-5891 Board Panel (1)*

U.S. Nuclear Regulatory Connist.on 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 Regulatory Comission Albany, NY 1222.1 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, hY 11801 Ms. Nora Bredes Dr. Robert Hoffnan Shoreham Opponents Coalition Long Island Coalition for Safe 195 East Main Street Living Smithtown, NY 11787 P.O. Box 1355 Massapequa, WY 11758 William R. Cumming, Esq.

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

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CounQ1 r NRC Staff