ML20154G558
| ML20154G558 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 09/14/1988 |
| From: | Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Gleason J, Kline J, Shon F Atomic Safety and Licensing Board Panel |
| References | |
| CON-#388-7091 OL-3, NUDOCS 8809210011 | |
| Download: ML20154G558 (2) | |
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HUNTON & WILLI AMS 707 Cast M.iw St.tte P o. Boa itse nne=woxo.vs o wei eaeg SEP 19 NO:
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September 14, 1988
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........... 8 3 5 7 James P. Gleason, Esq., Chairman Dr. Jerry R. F.line BY TELECOPIER Str. Frederick J.Shon Atomic Safety and Licensing Board U.S. Nu"'
Regulatory Commission Washir a
- 1. C. 20555 J;Exerciset Intervenors' and Staff's Motions Dear je Gleason and Members of the Board uILCO h's recejvod Intervenors' feptember 13 motion to the Appeal Board 1 (with covering letter to this Board), contesting j
thisBgard'sjurisdictionovertheStaff'sSeptember9 scheduling l
motion and the 1988 Shoreham exercise generally, and requesting l
the appc'.ntment of a now licensing Board.
I As LILCO vill state imminently to the Appeal Board, Inter-venors are cimply incorrect. This Bocrd has jurisdiction over all energency planning issues but for those specifically delegated elsewhere, and the only issues to have been so delegated were those relating to the 1986 exercise. Those vere lodged in a new docket, OL-5. However, the OL-5 Board disbanded in March 1988, after finding its mandate to have been limited to the 1986 exer-1 Suffolk County. et al. Motion for Appointment of Licensing Board with Jurisdiction to Hear Exercise Issues (before the Atemic Safety and Licensing Appeal Board, Docket 50-322-OL-5), September 13, 1988.
2 NRC Staff Motion for Schedule for Litigation of the June 1988 Exercise, September 9, 1988 (Before the Atomic Safety and Licensing Board, Docket 50-322-OL-3).
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e IlUNTON Sc WILLI AMS September 14, 1988 i
Pago 2 ciso itself.3 The only romaining OL-5 issues are cortain appeals from the 1986 oxorciso still pending before the Appeal Board.
Thus this Board retains plenary jurisdiction to considor ecorgency planning issues, including the Staff's September 9 l
notion concerning scheduling of litigation of the 1988 exorcise.
While Intervenors aver (September 9 Motion at 6 footnoto 6) that they intend to delay responding to the Staff's scheduling motion to this Board until a now Licensing Board "with appropriate i
jurisdiction" has been appointed, they cannot unilaterally alter I
deadlinos not in the Rules of practice any more than any other party, and they will disregard the September 19 deadline obtain-ing under the Rules at their own peril. LILCO intends to respond to the Staff's notion ahead of the deadline set in the Rules, so that Intervonors will bo on notice of LILCo's views and can respond to then in timely fashion.
Respectfully submitted, fa f.o r Q Donald P.
Irwin t
one of Counsel for Long Island Lighting Company cc Appeal Board Members Counsel for All Parties 1
l 3
In so doing, the OL 5 Board specifically rejected arguments that it construe its mandate to extend to corrective actions following the 1986 exercise. Hemorandum and order (Concerning Rotention of Jurisdiction) (Docket 50-322-OL-5, LBP-88-7, 27 NRC 289 (March 9, 1988). This reconfirms the plenary l
emergency planning jurisdiction of this Board, subject only to a proper motion to carve out a class of emergency planning issues -
I
- such as those relating to the 1988 exerciso -- and assign them i
to a new Board and docket. Needless to say, the notion presently I
before the Appeal Board is not s?ach a notion.