ML20196F638
| ML20196F638 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 11/29/1988 |
| From: | Matt Young NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#488-7594 LBP-88-24, OL-3, OL-6, NUDOCS 8812140041 | |
| Download: ML20196F638 (5) | |
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11/29/88 o
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UNITED STATES OF AMERICA NUCLEAo 9EGULATORY COM11SS10N 88 OEC -1 P3 :16 i
BEFORE THE ATOMIC SAFETY AND_ LICENSING APPEAL BOARD
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In the Matter of 1
LONG !$ LAND LIDITING COMPANY Docket No. 50-322-OL-3 (Emergency Planning)
(Shoreham Nuclear Power Station, Docket No. 50-322-OL-6 r
Unit 1)
(25% Power) hRC STAFF POT!0H FOR RECONSIDERATION OF APPEAL F.0APD ORDER OF NOVEMBER 28, 1988 AND FOR ENLAPGEMENT OF PESPONSE TIME i
Cn November 28, the Appeal Boird issued, ex parte, a Memorandum and l
Order directing responses to LILCO's motion for certification of the Licensing Board's November 21, 1908 Order and Intervenors' motion for a l
stay of that Order te be filed by Decerber 5.
i The NRC Staff respectfully requests the Appeal Eocrd to enlarge the l
response tire to Intervenors' Motier until December 8, 1988 and to e
reconsider its order and to set the filing tire for Staff response to
]
e LILCO's motion at Decem er 8,1988.1/
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Pursuant to the provisions of 10 C.F R. I 2.730(c), a Staff response l
to the certification motion would be iue on December 8.
The special t
po-ition of the Staff in Ccmission proceedings is recogni:ed in the l
Comission's Rules of Practice customarily providing the Staff with a modest additional period for responses to mot 1or.s. etc.
The i
Comission stated the reason for this additional period prcvided to the Staff as follows:
2 "The amendments to Part 2 allow the regulatory staff an l
opportunity to consider all matters and positions taken by i
i other parties before finalizing its position on various j
questions presented during a proceeding.
The affording of
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(Footnote Continued on Next Page)
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0012140041001]129[2 gf DR ADOCK OtD i
2 The Board's schedule provides the Staff with a maximum of 6 working days to respond to both rotions during a period in which there are currently pending in this proceeding:
Immediate effectiveness corrents on the Licensing Board's 25%powerdecision(dueDecember1,1988)
A Prehearing Conference before OL-5 Board regarding proffered 1988 exercise contentions (to be held on Decem-ber6,1988)
A response to the Cortnissicn on Interverors' Motion requesting the Comission to reverse its Order of Novem-ber 9, 1988: due December 8, 1988 A response to the Crmission on Intervenors' appeal on sanctions imposed by LBP-88-24 (due December 12, 1908)
A response to the Appeal Board on intervenors' appeal from other aspects of LDP-88-24 (due December 12,1988)
The linited filing time not only edversely affects the ability to respond to the two rotions covered by the Appeal Board's Order, but also i
r adversely affects the ability to properly allot resources to respond to theseotherpendingmatters.O i
In addition, although the baste Staff position rey have been briefed before the Licensing Board, the Staff believes that the irportance of a t
(Footnote Continued fron previous page) t t
this opportunity to the staff is censidered appropriate in view o' its duty to represent the public interest in Comission adjudicatory proceedings and to assure the development of an adequate decisional record."
L 37 Fed. Peg. 151?7.15129 (July 28,1977).
The Staff believes that the rationale behind the additional tine accorded the Staff is l
equally applicable to ratters on appeal.
2/
Hoveever, the Appeal Board's order acknowledges, an after heurs l
fascimile transnission is not ecuivalent to personal service.
~
Menorandum ar.d Order Novecber 28, 1998, at 2 & n.4.
I i
h
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careful response to the more focused legal issues raised in the appellate process warrants according the Staff the modest extension requested.
As to LILCO's motion for certification, while there may be occasions where there is a unique, pressing need to render an appellate decision on a expedited basis that would warrant restriction of the modest additional time period provided by 10 C.F.R. I 2.730(c), there appears to be little reason for that degree of expedition in this case.
The Comission itself has in hand the basic legal matter at issue (the merits of the sanctions frposed in LBP-88-24) as well as the Licensing Board's November 21, 1988 Order authorization the Director of NRR to issue a Itcense authorizing 251 power operation upon making the recuired safety findings, which is stayed until the Cemission completes its imediate effectiveress review pursuant to 10 C.F.P. I 2.764(f).
For the foregoing reasons, the Staff requests that the Appeal Eoard extend the tire period for the Staff to file responses to both Inter-venors' stay rotion and LILCO's certification motion to December 8, 1908.
Respectfully submitted, itz Yo Counsel for NRC Staff Dated at Rockville, ytand this 29th day of Nove..ber,1988 i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMIS$10N 68 CEC -1 P 3 :16 BEFORE THE ATONIC SAFETY AND LICENSING APPEAL BOARD l
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In the Matter of p
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LONG ISLAND LIGHTING COMPANY h
Docket No. 50-322-OL-3 h
(EmergencyPlanning)
(Shoreham Nuclear Power Station, I
Docket No. 50-322-OL-6 Unit 1) h (25% Power) r
$,ERTIFICATEOFSERVICE I hereby certify that copies of "NRC STAFF MOTION FOR RECONSIDFRATION OF APPEAL 20ARD ORDER OF NOVEMBER 28, 1988 AND FOR ENLARGEMENT OF RESPONSE TIME' in the above-captioned proceeding have been served en the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit i
in the Nuclear Regulatory Comission's internal mail system, or as indicated by l
double asterisks, by telecopier, or by express mail as indicated by triple asterisks, this 29th day of November 1988.
i Christine N. Kohl, Chaiman*
Jerry R. Kline*
Administrative Judge Administrative Judge i
Atomic Safety and Licensing Appeal Atomic Safety and Licensing Board Ecard U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 i
Washington, DC 20555 Philip )t!ntire i
Alan S. Rosenthal, Esq.*
Federal Emergency Management Administrative Judge Agency i
Atomic Safety and Licensing Appeal 26 Federal Plaza j
Board Rect 1 1349 1
U.S. Nuclear Regulatory Comission New York, NY 10278 l
Washington, DC 20555 Joel Blau. Director l
Dr. W. Reed Johnson ***
Utility Intervention l
115 Falcon Drive. Colthurst Suite 1020
[
Charlottesville VA 22901 99 Washington Avenue Albany, NY 12210 l
James P. Gleason, Esq., Chaiman*
l Administrative Judge Jonathan D. Feinberg, Esq.
f Atomic Safety and Licensing Board New Ycrk State Department of
(
U.S. Nuclear Regulatory Conmission Public Service Washingten. DC 20555 Three Empire State Plata Albany, NY 12223 rrederick J. Shon*
Adninistrative Judge Jares N. Christran, Eso.
(
Atomic Safety and Licensing Board Donald P. Irwin, Esq **
i U.S. Nuclear Regulatory Comission Hunton & Williers
[
Washington, DC 20555 707 East Main Street P.O. Box 1535 Richrend, VA 23212
(
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i
.p.
Stephen 8. Latham, Esq.
Alfred L. Nardelli, Esq.
Twomey, Latham & Shea New York State Dept. of Law l
Attorneys at Law 120 Broadway, Room 3-118 33 Vest Second Street New York, NY 10271 Riverhead, NY 11901 l
Jay Dunkleberger t
Martin Bradley Ashare Esq.
New York State Energy Office Suffolk County Attorney Agency Building 2 H. lee Dennison Building Emire State Plaza Veteran's Memorial Highway Al?any, NY 12223 Hauppauge NY 11788 Fabian G. Palomino Esq.
Anthony F. Earley, Jr.
Richard J. Zahnleuter, Esq.**
^
General Counsel Special Counsel to the Governor Long Island Lighting Conpany Executive Chanber 175 East Old Country Road State Capitol i
Hicksville, NY 11801 Albany, NY 12224 l
Dr. Monroe Schneider
!!s. Nora Bredes North Shere Comittee Shoreham Opponents Coalition P.O. Box 231 195 East Main Street i
Wading River, NY 11792 Smithtown, NY 11787 l
William R. Cumming, Esq.
Barbara Newman l
?
Office of General Counsel Director, Environmental health i
Federal Emergency Management Agency Coalition for Safe Living 500 C Street, SW Box 944 Washington, DC 20472 Huntington, New Yrok 11743
)
l Dr. Robert Hoffman Atomic Safety and Licensing Long Island Coalition for Safe Uving Appeal Panel (8)*
i P.O. Box 944 U.S. Nuclear Regulatory Comission i
Huntington, NY 11/43 Washington, DC 20555 Herbert H. Brown, Esq.
Atomic Safety and Licensing Lawrence Coe Lanpher Esq.**
Board Panel (1)*
i Karla J. Letsche, Esq.
U.S. Nuclear Regulatory Commission l
Kirkpatrick & Lockhart Washington, DC 20555 l
South Lobby - 9th Floor 1800 M Street, NW Docketing and Service Section*
Washington, DC 20036-5891 Office of the Secretary i
U.S. ?!uclear Regulatory Comission I
C. K. Mallory, !!!, Esq.
Washington, DC 20555 l
Hunton & Williars 2000 Pennsylvania Ave., N.W.
f Suite 0000 Washington, DC 20006 l
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W M
HITIO/ Young
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I Counsel for NRC Staff f
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