ML20203P056
| ML20203P056 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 10/10/1986 |
| From: | Bordenick B NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1094 OL-3, NUDOCS 8610200216 | |
| Download: ML20203P056 (6) | |
Text
10/10/86 9y 00LKETED' USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'86 0CT 15 P1 :09 DEFORE THE ATOMIC SAFETY AND LICENSING bod $tDE M Su.
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. e w:f.
u v u, u. i In the Matter of
)
)
LONG ISLAND LIGIITING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
NRC STAFF'S RESPONSE TO LILCO'S MOTION TO REOPEN RECORD I.
INTRODUCTION LILCO on September 30, 1986 moved this Atomic Safety and Licensing Board to reopen the evidentiary record in this ' proceeding on Contention 24.0.
The purpose of the motion is to replace the Nassau Veterans Memorial Coliseum as a reception center under the LILCO Plan with three LILCO facilities -- the Hicksville, Bellmore and Roslyn Operations Centers.
The factual bases for the revision in question are detailed in the Affidavit of Elaine D. Robinson which is attached to LILCO's Motion.
The detailed changes regarding the newly proposed reception centers are contained in the recently filed Revision 8 to the Shoreham Offsite Emergency Plan. II For the reasons set out below, the NRC Staff (Staff) supports LILCO's motion.
8610200216 % $ 22 PDR ADOCK PDR G
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The NRC Staff on September 30, 1986 requested the Federal Emergency Management Agency to review Revision 8.
DSd7
a.
T II.
BACKGROUND A history in summary form of the reception center issue and a description of why this Board once again has Contention 24.0 before it are. set forth at pages 1-4 of LILCO's motion.
The Staff has reviewed this background statement and agrees that it accurately summarizes the long history of Contention 24.0 in this proceeding.
III. DISCUSSION As indicated in LILCO's motion, this is the second time LILCO has filed a motion to reopen the record on Contention 24.0.
The circumstances surrounding the necessity for reopening the record on both occasions, at bottom, revolve around events which are largely beyond LILCO's control.
In the Staff's view, this Board's January 28, 1985 Memorandum and Order granting LILCO's Motion to Reopen Record" and ALAB-832, 23 NRC 135,157-160 (1986), which affirmed that ' decision, are controlling precedents which clearly support granting LILCO's recent Motion to Reopen the Record.
10 C.F.R. 52.734 codifies the Commission's criteria for reopening a record.
See 51 Fed. Reg. 19,535,19,539 (May 30,1986). Three criteria must be satisfied 1.
The motion must be timely, except that an exceptionally grave I
issue may be considered - in the discretion of the presiding officer even if untimely presented.
I 2.
The motion must address a significant safety or environmental issue.
3.
The motion must demonstrate that a materially different result would be or would have been likely had the newly proffered evidence been considered initially.
e 3-
.g A.
Timeliness Prior to June 16, 1986, the Nassau County Veterans Memorial Coliseum was the designated reception center for the LILCO Plan.
The events which transpired subsequent to the Nassau County Board of Supervisors Resolution withdrawing use of the Coliseum as a reception center are set out at pages 4-6 of LILCO's motion.
A review of those events, which culminated in LILCO's filing of Revision 8 to its plan on September 18, 1986, documents that LILCO's September 30, 1986, Motion is, under all the circumstances, timely.
See ALAB-832, 23 NRC at 159-160 (applicants cannot be certain of reception center availability until final arrangements are made). 2_/
B.
Significant Safety Issue As indicated by LILCO at page 6 of its motion, this Board in ruling on the prior motion to reopen the record on reception center issues, concluded that "the identity of the relocation center presents a significant safety issue." Memorandum and Order Granting LILCO's Motion to Reopen Record, pp. 7-8 (Jan. 28, 1985).
The Staff agrees that the Board's previous ruling in this regard is controlling as to the present motion.
C.
Materially Different Result As also noted by LILCO at page 6 of its motion,.this Board has already found that the identification of reception centers "might result in a different outcome in this proceeding."
Memorandum and Order, p. 8 (Jan. 28, 1985).
The Staff agrees that the same finding applies to the
~2/
While ALAB-832 reversed and remanded on questions arising after this Board's Order reopening the record, the reopening itself was not disturbed by the Appeal Board, i
t present motion.
It is beyond argument that without an approved reception center, LILCO's Plan would be deficient. 3_/
IV.
CONCLUSION LILCO's motion to reopen the record should be granted since it is timely, raises a significant safety issue and a materially different result could be likely if the motion is granted.
Respectfully submitted, b
Bernard M. Bordenick Counsel for NRC Staff Dated at Bethesda, Maryland this 10th day of October,1986 3/
See October 3, 1986, "Prehearing Conference Order (Ruling on Contentions and Establishing Discovery Schedule", at page 14 (.
it-is also true that the [EP] exercise may have shed considerable light on the Coliseum's importance to the plan.")
e 00CKETEC USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'86 0CT 15 P1 :09 BEFORE TIIE ATOMIC ' SAFETY AND LICENSING BOARD f0Ch Tbb'$((y' BRANN In the Matter of
)
)
LONG ISLAND LIGIITING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station.
)
Unit 1)
)
CERTTFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO LILCO'S MOTION TO REOPEN RECORD" 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, this 10th day of October,1986.
Morton B. Margulies, Chairman
- Fabian G. Palomino, Esq.
Administrative Judge Special Counsel to the Governor Atomic Safety and Licensing Board Executive Chamber U.S. Nuclear Regulatory Commission State Capitol Washington, D.C.
20555 Albany, NY 12224 Dr. Jerry R. Kline*
Jonathan D. Feinberg, Esq.
Administrative Judge New York State. Department of Atomic Safety' and Licensing Board Public Service U.S. Nuclear Regulatory Commission Three Empire State Plaza Washington, D.C.
20555 Albany, NY 12223 l
W. Taylor Reveley III, Esq.
Donald P. Irwin, Esq.
Mr. Frederick J. Shon*
Hunton & Williams l
Administrative Judge 707 East Main Street l
Atomic Safety and Licensing Board P.O. Box 1535 U.S. Nuclear Regulatory Commission Richmond, VA 23212 Washington, D.C.
20555 Joel Blau, Esq.
l Director, Utihty Intervention NYS Consumer Protection Board Suite 1020 l
99 Washington Avenue Albany, New York 12210 i
A g Herbert H. Brown, Esq.
Stephen B. Latham, Esq.
. Lawrence Coe Lanpher, Esq Twomey, Latham & Shea Karla J. Letsche, Esq.
Attorneys at Law Kirkpatrick & Lockhart 33 West Second Street 1900 M Street, N.W.
Riverhead, NY 11901 8th Floor Atomic Safety and Licensing Dr. Monroe Schneider Board Panel
- North Shore Committee U.S. Nuclear Regulatory Commission P.O. Box 231 Washington, D.C.
20555 Wading River, NY 11792 Atomic Safety and Licensing Mr. Jay Dunkleberger Appeal Board Panel
- New York State Energy Office U.S. Nuclear Regulatory Commission Agency Building 2 Washington, DC 20555 Empire State Plaza Albany, New York 12223 Spence W. Perry, Esq.
Associate General Counsel Federal Emergency Management Docketing and Service Section*
Agency Office of the Secretary 500 C Street, SW, Room 840 U.S. Nuclear Regulatory Commission Washington, DC 20472 Washington, D.C.
20555 Anthony F. Earley, Jr., Esq.
Robert Abrams, Esq.
General Counsel Attorney General of the State Long Island' Lighting Company of New York 175 East Old Country Road Attn:
Peter Bienstock, Esq.
Hicksville, NY 11801 Department of Law State of New York Ms. Nora Breden Two World Trade Center Shoreham Opponents Coalition Room 46-14 195 East Main Street New York, NY 10047 Smithtown, NY 11787 William Cumming, Esq.
Martin Bradley Ashare, Esq.
Office of General Counsel Suffolk County Attorney Federal Emergency Management H. Lee Dennison Building Agency l
Veteran's Memorial Highway 500 C Street, SW Hauppauge, NY 11788 Washington, DC 20472 l
l Dr. Robert Hoffman Mr. Philip McIntire Long Island Coalition for Safe Federal Emergency Management Living Agency l
P.O. Box 1355 26 Federal Plaza Massapequa, NY 11758 Room 1349 New York, NY 10278 l
74w Bernard M. Bor~denick Counsel for NRC Staff i
.