ML20204G484

NRC Staff Response to Intervenors Motion to Toll Time Period for Filing Stay Request.* Aslab Should Deny Motion as Untimely.Certificate of Svc Encl

ML20204G484
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	10/11/1988
From:	Matt Young NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#488-7315 OL-3, NUDOCS 8810240132
Download: ML20204G484 (5)

Text

y /.5 10/11/88

$r UNITED STATES OF ANERICA NUCLEAR REGULATORY COMMISSION

'88 OCT 19 P4 :05 BEFORE_THEATOMICSAFETYAND,LICENSINGAPPEALBOAg'g ,;

yn. L In the Matter of LONG ISLAND LIGHTING COMPANY Docket No. 50-322-CL-3 (Emergency Planning)

(Shoreham Nuclear Power Station, Unit 1)

NRC STAFF RESPONSE TO INTERVENORS' MOTION TO TOLLTHETIMEPERIODFORFILINGASTAYREMEE On September 23, 19E8, the Licensing Board issued its Cencluding f

( Initial Decision on Emergency Planning, LBP-88 24, 28 NRC (1988)

(*CID"), which ruled in LILCO's favor on various contentions, dismissed Intervenors frm the Shoreham proceeding, and authorized the issuance of a full-power license. CID at 148-49. On October 7, 1988, the Appeal Board issued ALAB-902, 28 NPC , which reversed LBP-88-24 insefar as its purported dismissal of Intervenors from the OL-5 proceeding and vacated the authorization to issue a license. Slip op at 20.

On October 11, 1988, Intervenors filed a motion requesting that the time period for filing a stay of LBP-88-24 be tolled until (1) at least 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> after the receipt of a decision which wenid have the effect of I reinstating the license authorization contained in LBP-88-2a and(2)at least 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the Appeal Board has ruled on the merits of motion to

! tell the stay filing period for LBP-P8-24. Governments' Notion for h02fpfg [ 2 0

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Tolling of Time Period within which To File for Stay of LBP-88-24

("Motion"),at1-2,1/ The Staff opposes intervenors' Motion.

The Appeal Beard and the Comission have emphasized that requests for extensions of time a e to be received in advance of the deadline from which relief is requested. Statement of Poliev nn Conduct of,, Licensing Proceedings, CLI-81-0, 13 NRC 454, 454-55 (1981); Louisiana Power &

Light Co. (v'aterford Steam Electric Station. L' nit 3), ALAB-117, 6 AEC 261 (1973) (in hand not later than one day before the document is due). See also 10 C.F.k. Part 2, Appendix A $ IX.(d)(4). El Foreover, the reasons proffered by Intervenors do ro+ justify an extension of time to file a stay request and certainly do not justify their failure to file a 1

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1 "1/ Intervenors state (Motion at 4) that they "provided a copy of a draf t of its Motion to counsel for the Staff on Saturday. That draft was transmitted te the telecopier in the NRC's Mailrcom in Rockville, Paryland, which is only oper during the hRC's official business hours and tLe agency was closed on Ponday in observance of the Federal )

holiday. Staff counsel received a copy of the Motien at 9:15 on i Fonday. However, in acccrdance with irstructions from the Appeal Board, the Staff is providing its respense within six hours after receiving the Motion.

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As the Appeal Board has praviously noted, Intervenors actually picked up copies of LBP-88-24 en Friday, September ?3, 1988. Memorandum and Order, Sept a ber 29, 19E8 (unpublished), slip cp. at 7 n.6. Thus, while Interverers correctly state that LBP-88-24 was served by mail on Monday Septenber 26 (Motion at 2 n.1), they had ';he decision on September 23. See 10 C.F.R. I 2.712(d).

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protective motion for extension of the deadline before the last minute.

Consequently, the Appeal Board should deny Intervenors' Hotion as  ;

untimely.

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i Respectfully submitted, j 4

Mit i A. Yourg  ;

i j Counsel for LRC Staff ,

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Dated at Rockville, Maryland j this lith day of October 1988 6

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• UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'88 OCT 19 P4 :05 BEFORE THE ATOMIC SAFFTY AND LICENSING AP_ PEAL BOARD In the Matter of ) bCIt N. r . . ,

i ) p e. v. .

LONG ISLAt!D LIGHTING COMPANY Docket No. 50-322-OL-3

(Shoreharr Nuclear Power Station, Unit 1) j CERTIFICATE OF SERVICE i

j I hereby certify that copies of "NRC STAFF RESP 0fiSE TO INTERVENCRS' NOTION

TO TOLL THE T!!'E PERIOD FOR FILING A STAY REQUEST" 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 '

1, in the Nuclear Regulatory Comission's internal mail system, or by l telecopier as indicated by double asterisk, this lith day of October 1988.

Christine N. Kohl, Chairman ** Jerry R. Kline, Esq.*

Administrative Judge Administrative Judge Atonic Safety and Licensing Appeal Atomic Safety and Licensing Boerd Board U.S. fluc7 ear Regulatory Ccmission U.S. Nuclear Regulatcry Commission k'ashington, DC 20555 Washington, DC 20555 Philip McIntire ,

Alan S. Rosenthal. Esq.* Federal Emergency t'anagement Administrative Judge Agency

Atomic Safety and Licensing Appeal 26 Federal Plaza l Board Poom 1349 2 U.S. Nuclear Regulatory Comission New York, NY 10278 Washingten. DC 20555

Joel Blau Director I Heward A. Wilber* Utility Intervention l

! Administrative Judge Suite 1020  ;

Atomic Safety and Licensing Appeal 90 Washington Avenue

] Peard Albar.y. NY 12210

U.S. Nuclear Regulatory Comissien }

I Pashingten. DC 20555 Jonathan D. Feinberg, Esq.  !

, New York State Department of  !

j James P. Gleason, Esq., Chairman

• Public Service I Adtninistrative Judge Three Empire State Plaza  !

Atomic Safety and Licensing Board Albany,liY 12223 '

! U.S. Nuclear Regulatory Comission ,

i k'ashingten. DC 20555 James N. Christman, Esq. l

! Conald P. Irvin, Esq.**

t Frederick J. Shon, Esq

• Hunten & Williams l Administrative Judge 707 East Main Street  ;

Atonic Safety and Licensing Board P.O. Box 1535

U.S. Nuclear Regulatery Comission Richmond, VA 23212 Washington, DC 20555 l

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I

. -?-

0 Stephen B. Latham, Esq. Alfred L. Nardelli, Esq.

Twomey, Latham & Shea New York State Dept. of Law Attorneys at Law 120 Broadway, Room 3-118 33 West Second Street New York, NY 10271 Riverhead, NY 11901 Jay Dunkleberger Martin Bradley Ashare, Esq. New York State Energy Office Suffolk County Attorney Acency Building 2 H. Lee Dennison Building Errpire State Plaza Veteran's Memorial Highway Albany, NY 12?23 Hauppauge, NY 11788 Fabian G. Palomino, Esq.**

Antheny F. Earley, Jr. Special Counsel to the Governor General Counsel Executive Chamber Lcng Island Lighting Company State Capitol 175 East Old Country Rnad Albany, NY 12224 Hicksville, NY 11001 Ms. Nora Bredes Dr. Monroe Schneider Shoreham Opponents Coalition North Shore Comittee 195 East Main Street P.O. Box 231 Smithtown, NY 11787 Wading River NY 11792 Barbara Newman William R. Cumirg Esq. Director Environr. ental Health Office of Gene,al Counsel Coolition for Safe Living Federal Erergency Management Agency Box 944 500 C Street, SW Huntington, New Yrok 11743 Washington, DC 20472 Atomic Safety and Licensing Dr. Robert Hoffman Appeal Panel (8)*

Long Island Coalition for Safe Living U.S. Nuclear 9egulatory Comission '

P.O. Box 1355 Washington, DC 20555 ,

Massapequa, NY 11758 Atccic Safety and Licensing  :

herbert H. Brown, Esq. Board Panel (1)*

Lawrence Coe Lanpher, Esq.** U.S. Nuclear Regulatory Comission l Karla J. Letsche Esq. Washington, DC 20555 l Kirkpatrick & Lockhart South Lobby - 9th Floor Docketing and Service Section*

1800 M Street, NW Office of the Secretary Washington, DC 20036-5891 U.S. Nuclear Regulatory Comissien Washingten. DC 20555 C. K. Mallery, III Esq.

Hunton & Williams 0000 Pennsylvania Ave., N.W.

Suite 9000 Washington, DC 20006  ;

l Mitz(A.'Yeung V Counsel for NRC Staff i

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