ML20154K970

Forwards Pages 3 & 5 to NRC Response to Intervenors Motion for Appointment of Licensing Board to Hear 1988 Exercise Results,Correcting Dates

ML20154K970
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	09/16/1988
From:	Matt Young NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Johnson W, Kohl C, Rosenthal A NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#388-7122 CLI-86-11, OL-5, NUDOCS 8809260061
Download: ML20154K970 (3)

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September 16, 1988

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'88 SEP 22 P2 :22 l C hristine N. Kchl, C hairman Alan A. Rosenthal ..rs u :. .. a- u,- t Administrative Judge Administrative Judoe f4CM E 4 W.El.

Atomic Safety and Licensing A ppeal Atomic Safety and Licensing A 5pihl" Board Board U.S. Nuclear Regulatory Commission U.S. N uclear Regulatory Commission Washington, OC 20555 Washington, DC 20555 Dr. W. Reed Johnson Administrative Judge Atomic Safety and Licensing Appeal  !

Board U.S. Nuclear Regulatory Commission [

Washington, OC .

20555 j In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1) i

, DocketNo.50-322-OL-5(EmergencyPunnino),

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Dear Administrative Judges:

In its haste to file the "NRC Staff Response to Intervenors' Motion for l Appointment of Licensing Board To Hear 1988 Exercise Results" with the Appeal i Board today, the Staff overlooked three typographical errors. The dates for  !

the issuance of Chairman Cotter's first order implementing CLI-86-11 was i Jure 10, 1986 (Attachment 2) and the date for the order creating docket number i 50-322-OL-5 was July 24, 1986 (Attachment 3). The citation for the realism  !

rule on page 5 should be 52 Fed. Reg. 42078. For the Appeal Board's convenience, the Staff encloses substitutes for pages 3 and 5 to correct these (

errors, i The Sta'f regrets any inconvenience or confusion caused by this matter.  !

Sincerely.

Y g Counsel for NRC Staff  :

l l Enclosures as stated j cc w/ enclosure: Service List  ;

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r 8809060061 800916 i PDR ADOCK 05000322  !

Q PDR 36A  ;

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to CLI-6C-11, Intervenors and LILCO only suggested that procedures relevant to litigation of the results of the February 1986 exercise be prescribed. M Motion of SJffolk County, the State of New York, and the Town of Southampton for Ruling Concerning Proceedings Related to the Shoreham Exercise, March 7, 1936, at 1, 2; Long Island Lighting Company's Potion for Establishment of Ucensing Board and Institution of Expedited Procedures for Litigation of Shoreham Emergency Planning Exercise Issues, And Response to Intervenors' March 7,1986 "Motion Concerning Proceeding Relating to the Shorehen Exercise " March 13, 1986, a t 1, 10 ("LILCO Motion for ASLB Panel"). There is nothing in CLI-8611 to suggest that the Comission was requesting that a proceeding be instituted to consider any matter other than the specific matters raised by the motions which only involved the Februery 13, 1996 exercise.

The Chairman of the ASLB Panel clearly indicated that the OL-5 Board was estaoiished for that linited purpose. The OL-3 Board was first designated pursuant to the provisions of CLI-86-11 "regarding motions from the Applicant and Intervenors concerning litigation of emergency planning exercise results." Establishment of Atomic Safety and Licensing Board

[0L-3), June 10, 1986, at 1 (J. Cotter) (Attachment 2). At that time, there was only one exercise and the order could thus have referred only to the February 13, 19F6 exercise which was addressed in CL1-86-11.

Subsequently, ASLB Parel Chairman assigned litigetion of the 1986 exercise prcceedirg a new docket number "[fjor more effective docket management.*

Change of Docket Nurber, July 24, 1986 (J. Cotter) ( Attachrent 3). The

) (1981). Therefore, the OL-3 Board should preside ever litigation of the 1988 exercise.El Ill. CONCLUSION The Appeal Board should deny the instant motion to designate a licensing board to preside over litigation of the 1988 exercise since, under the May 11, 1983 c'e s i q na ti o n , the OL-3 Licensing Board has jurisdiction to consider matters stemming from the June 7-9, 1988 eriergency planning exercise.

Respectfully submitted, Mitz A. Young f

Coun P for NRC Staff Dated at Rockville, Paryland this 16th day of September, 1988 5/

~

The referral of possible future litigation on the 1988 exercise to another Board would most likely delay the ultimate resolution of the emergency planning issues in Shoreham. The OL-3 Board has before it all reraining admitted issues concerning the adequacy of emergency planning for Shoreham and, as a result, is cognizant of varion revisions to the LILCO Plan. In light of the amendment of the Comission's emergency planning rule (52 Fed. Reg. 42078, November 3, 1987) and considerations of judicial economy, the 1988 exercise should be evaluated in conjunction with the consideration of the adequacy of state and local government Lest-efforts responses. Thus, the OL-3 Board is best suited to preside over litigation of the 1988 exercise.

I' the Appeal Board determines that the OL-3 remanded emergency planning issues do not encompass matters raised by the recent full-scale exercise, see Carolina Power & Light Co. (Shearon Harris Nuclear Power Plant, Units 1-4), AIAB-526, 9 NRC 122, 124 n.3 (1979),

or that it has jurisdiction to grant Intervenors' Motion, Duke Power Co. (eerkins Nucleer Station, Units 1, 2, and 3),

i ALAB-59T,11 NRC 741, 742 (1980), the licensing board should consist l of the OL-3 Board merbers because that Board is charged with

, evaluating the adequacy of the LILCO energency plan in accordance l vith the Realism Rule. If the Appeal Board determines that it has l neither jurisdiction nor authority, it should refer this matter to the Comission.

l L