ML20204B643
| ML20204B643 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/20/1987 |
| From: | Lanpher L, Latham S, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY, TWOMEY, LATHAM & SHEA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#187-2879 OL-5, NUDOCS 8703250119 | |
| Download: ML20204B643 (9) | |
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DOCMETED USNRC L
March 20, 1987
/ MR 23 P2 54 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE 0F SECAcrAsy Before the Atomic Safety and Licensina Boar @0CMETING A SEdV!Cr' BRANCH
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In the Matter of
)
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LONG ISLAND LIGHTING. COMPANY
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Docket No. 50-322-OL-5
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(EP Exercise)
(Shoreham Nuclear Power Station,
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Unit 1)
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SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON MOTION REQUESTING ADJUSTMENT OF SCHEDULE FOR THE SUBMISSION OF THE FINAL " CLUSTER" OF TESTIMONY -- CONTENTIONS EX 15/16 AND 21 Suffolk County, the State of New York, and the Town of Southampton (" Governments") move the Board to adjust the schedule for the submission of the final " cluster" of testimony -- that on Contentions Ex 15/16 and 21.
Under the current schedule, that testimony is to be filed next Friday, March 27.
The Governments respectfully request that the schedule be revised so that this last set of testimony is to be prefiled on April 14.
DR D
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It would be extremely helpful for planning purposes if the Board were able to provide an answer to this Motion today --
convening a brief conference call to obtain the other parties' views.
If that is not possible, we respectfully request that the Board consider this Motion first thing on Monday, March 23.
Briefly, the reasons for the request are as follows:
1.
The Governments need more time to comolete the testimony.
The preparation of the other testimony in this proceeding has required more resources than previously anticipated.
This has resulted in less time to work with the witnesses on Contentions Ex 15/16 and 21 and thus the Governments are not as far along on the Contention Ex 15/16 and 21 testimony as we expected.
Further, attorney availability has been limited.
Mr. Zahnleuter has been tied up in trial.
Ms. Letsche, who was going to assist on the Ex 15/16 and 21 testimony during the past week, has been ill for a portion of the last week and thus was able to do much less than was planned.
This also has contributed to not being as far along as was anticipated.
Ms. Letsche will be unavailable to assist on this testimony in the coming week because the Cluster 2 and 3 issues (described below) are issues on which she is taking lead responsibility and thus she will be in trial starting probably on March 24.
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w Finally, we have found that the testimony on Contentions Ex 15/16 and 21 is taking longer to prepare than had been anticipated because they present relatively novel issues.
Lacking prior experience regarding the issues raised in these contentions, the Governments have found that it simply is a more complex and time consuming task than we first thought would be the case.
2.
A revised filino date for the testimony on Contentions Ex 15/16 and 21 will not imoact the hearina schedule.
The testimony filing dates were set by the Board in early February with the goal of ensuring that the hearing never needed to be adjourned due to lack of prefiled testimony to be heard.
The deferral requested herein will not impact the hearing schedule.
The OL-5 trial has proceeded for 7 days.
In that time, the Board has considered the Cluster 1 testimony, i.e.,
that on Contentions Ex 41, 34, and 40.
It is estimated that one more hearing day will be required to complete Contention Ex 40 and to conduct the rebuttal on Contention Ex 41.
Before getting to a hearing on Contentions Ex 15/16 and 21, the Board must complete the hearing on three other clusters of testimony: -
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I i Cluster 2:
Contentions'Ex 47, 22.A, 49, and 36 Cluster 3:
Contentions Ex 38, 39, 22.F, 44,~40.C, and 49.C Cluster 4:
Contention Ex 50 While the Cluster 2 testimony is less extensive than the Cluster 1 testimony, the Cluster 3 and 4 testimony is quite extensive both in terms of the testimony and attachments.1-While estimates as to hearing time are difficult to make, one must-assume that the hearing on Clusters 2-4 will take substantially longer than the two weeks devoted to Cluster 1.
And as already announced by the Board, there will be one-week break between the conclusion of the hearing on training (Cluster 4) and before the start of the hearing on Contentions Ex 15/16 and 21.
Accordingly, it seems beyond question that a deferral of-filing the Contention Ex 15/16 and 21. testimony until April 14 will not cause any disruption of tne hearing schedule.
In view of the foregoing, the Governments submit that they have shown 1
The Board-has already received the Cluster 2 and 3 testimony and thus the Board already is aware of the quantity of that testimony.
The Governments' Cluster 4 testimony is being delivered today.
It consists of 218 pages of text and a substantial volume of attachments.
The Governments have not yet seen the LILCO Cluster 4 testimony but understand from LILCO's counsel that it exceeds 100 pages, exclusive of attachments. - _________
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ample basis for the Board to revise the schedule for filing the Contention Ex 15/16 and 21 testimony for all parties until April 14.
This Motion is prompted because the Governments have been unable to obtain the concurrence of all parties.
The undersigned spoke with Staff counsel to seek agreement with this request.
He stated that he is under instructions to move the proceeding forward and thus the Staff will not agree.
When asked whether he would agree to any shorter request, he said no.
The undersigned spoke with LILCO counsel.
He needed to speak with his client and we have not yet heard back.
The Governments decided it would be l
i best to file this Motion even before hearing from LILCO in order to apprise the Board of the need for a ruling.
FEMA counsel stated that FEMA would defer to whatever position.the Staff took.
Respectfully submitted, l
Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 Herbert H. Brown Lawrence Coe Lanpher Karla J. Letsche KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891.
'i.
A Attorneys for Suffolk County A
Fabian G.
Palomino Special Counsel to the Governor of the State of New York Executive Chamber, Room 229 Capitol Building Albany, New York 12224 Attorney for Mario M. Cuomo, Governor of the State of New York
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Stephen B.
Latham
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Twomey, Latham & Shea P.O. Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of Southampton
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00CKETED USHRC March 20, 1987 it we 23 g2s4 UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION OFFICE OF SENAP' n0CKETinG A SE8vlC.
Before the-Atomic Safety and-Licensina Board BRAlfCH
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In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-5
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(EP Exercise) l (Shoreham Nuclear Power Station,
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l Unit 1)
)
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CERTIFICATE OF SERVICE i
I hereby certify that copies of SUFFOLK COUNTY, STATE OF
'NEW YORK, AND TOWN OF SOUTHAMPTON MOTION REQUESTING ADJUSTMENT OF SCHEDULE FOR THE SUBMISSION OF THE FINAL " CLUSTER" OF TESTIMONY
-- CONTENTIONS EX 15/16 AND 21 have been served on the following this 20th day of March 1987 by U.S. mail, first class, except as otherwise noted.
I John H. Frye, III, Chairman
- Dr. Oscar H. Paris
- Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Mr. Frederick J. Shon*
William R. Cumming, Esq.*
Atomic Safety and Licensing Board Spence W. Perry, Esq.
U.S. Nuclear Regulatory Commission Office of General Counsel Washington, D.C.
20555 Federal Emergency Management Agency 500 C Street, S.W., Room 840 Washington, D.C.
20472 L
j --. :
4 Anthony F. Earley,.Jr., Esq.
Joel Blau, Esq.
General Counsel Director, Utility Intervention Long. Island Lighting Company-N.Y. Consumer Protection Board 175 East Old Country Road Suite 1020 Hicksville, New York 11801' Albany, New York 12210 Ms. Elisabeth Taibbi, Clerk W. Taylor Reveley, III, Esq.*
Suffolk County Legislature Hunton & Williams Suffolk County Legislature P.O. Box 1535 Office Building 707 East Main Street.
Veterans Memorial Highway Richmond, Virginia-23212 Hauppauge, New York 11788 Mr. L. F. Britt Stephen'B. Latham, Esq.
Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power-Station 33 West Second Street North Country Road Riverhead, New York 11901 Wading River, New York 11792 Ms. Nora Bredes Docketing and Service Section Executive Director Office of the Secretary Shoreham Opponents Coalition U.S. Nuclear Regulatory Comm.
195 East Main Street 1717 H Street, N.W.
Smithtown, New York 11787 Washington, D.C.
20555 Mary M. Gundrum, Esq.
Hon. Michael A. LoGrande New York State-Department of Law Suffolk County Executive 120 Broadway, 3rd Floor.
H. Lee Dennison Building Room 3-116 Veterans Memorial Highway New York, New York 10271 Hauppauge, New York 11788 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee Suite K P.O. Box 231 San Jose, California 95125 Wading River, New York 11792 Martin Bradley Ashare, Esq.
Fabian G. Palomino, Esq.*
Suffolk County Attorney Special Counsel to the Governor Bldg. 158 North County Complex Executive Chamber, Rm. 229 Veterans Memorial Highway State Capitol Hauppauge, New York 11788 Albany, New York 12224 Mr. Jay Dunkleburger Richard G. Bachmann, Esq.*
New York State Energy Office Oreste Russ Pirfo, Esq.
Agency Building 2 George E. Johnson, Esq.
Empire State Plaza U.S. Nuclear Regulatory Comm.
Albany, New York 12223 Office of General Counsel Washington, D.C.: 20555
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David A.
Brownlee, Esq.
Mr. Stuart Diamond Kirkpatrick & Lockhart Business / Financial 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 W.
43rd Street New York, New York 10036 Lawrence Coe LanDher /
KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 By Telecopy
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