ML20205F312
| ML20205F312 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/23/1987 |
| 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-#187-2928 OL-5, NUDOCS 8703310138 | |
| Download: ML20205F312 (7) | |
Text
I $$W DOCKETED USHP.C March 23, 1987 p tmR 26 P3:46 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE Uf M@#%'
00CMLilE ^ U '
Rt. fore the Atomic Safety and Licensina BoardBIiMKH
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-5
)
(EP Exercise)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
GOVERNMENTS' MOTIO. FOR LEAVE TO REPLY AND REPLY TO LILCO'S OPPOSIT.ON TO INTERVENORS' REQUEST FOR
_. EXTENSION OF CONTENTIONS EX 15, 16 AND 21 Late on March 23, the Governments received LILCO's Opposition to the Governmentn' Motion of March 20, requesting an extension until April 14 for the filing of Testimony on Contentions Ex 15, 16, and 21.
The Governments also have received papers from the NRC Staff in which the Staff now interposes no objection to a one-week extension.
The Governments hereby move for leave to reply to LILCO's Opposition because that opposition misstates the issue which is to be decided.
The Governments will keep this reply brief.
The Governments respectfully request that the Board promptly rule on the extennion question.
gg33[$@SObbM2 0
/Mb
S 1.
There is only one issues will the hearing schedule potentially be impacted if the Governments' Motion is granted?
Clearly, it will not be.
The schedule for testimony submission was set February 10 (not January 6 as LILCO states), with the view of ensuring that no hearing time be lost due to an absence of pre-filed testimony.
Especially now, in view of the illness of Judge Frye, there can be no possible argument that the hearing would be delayed if the Governments' Motion were granted.
No party, not even LILCO, makes such an argument.
There is no reason, nor has any party suggested one, to have the testimony flied on Contentions 15, 16 and 21, merely to have it sit, unread, for weeks while the Board and parties are in trial on the other issues.
i 2.
When FEMA had difficulties completing its testimony by February 27, it unilaterally took (with no motion filed) a three-week extension of time, even though the Governments demonstrated the difficulty in proceeding with cross-examination without having read FEMA's testimony.
The Board rejected the Governments' objection.
Unless a double standard applies, the Board must also reject LILCO's objection to the Governments' Motion (and the Staff's to the extent that it would allow only a one week extension).1 1
The Governments have respected the Board's schedule and have hardly treated it "as a set of optional guidelines," as LILCO alleges.
Unlike FEMA, the Governments file motions for (footnote continued) -
3.
It is absurd for LILCO to suggest that the Governments have failed to.show " good cause," unless LILCO actually is accusing the Governments of not telling the truth.
The Governments have done their very best to allocate limited resources.
Unfortunately, however, sometimes even best efforts fall short, which is why the extension is requested.
The Governments have caused no delay.2 The Governments seek an extension which will not impact the schedule.
It is fair and proper that it be granted.
Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 (footnote continued from previous page) extensions of time, state substantial reasons to justify requested extensions, aid demonstrate that they will not violate the standard set by the Board of having in hand sufficient pre-filed testimony to prevent hearing delays.
It IP curious that LILCO, which objects se strenuously to the instant Motion, uttered no object. ion when FEMA unilaterally took its extension.
2 LIICO's lamont over the length of the hearing is totally irrelevait to the instant Motion.
The Governments believe the hearing has been well focused and has gone as swiftly as reasonably possible.
o E
45enenes40 98 2 T,", J_ '
y
' 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 Attorneys for Suffolk County R 44.c.FAA..e & X)
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 b
M Stepften B. Latham Twomey, Latham & Shea P.O. Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of Southampton 4-
\\
I-00(KETED usHRC March 23, 1987 s7 mR 26 P3:46 UNITED STATES OF AMERICA NUCLEAR REGULATORY ~COMMISylgf g jggp Before the Atomic Safety and Lie d!Nr
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-5
)
(EP Exercise)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of GOVERNMENTS' MOTION FOR LEAVE TO REPLY AND REPLY TO LILCO'S OPPOSITION TO INTERVENORS' REQUEST FOR EXTENSION ON CONTENTIONS EX 15, 16 AND 21 have been served on the following this 23rd day of March 1987 by U.S. mail, first class, except as otherwise noted.
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 m
r L
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. Lat'1am, Esq.
Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power Station 33 West Second Street North Country Road Riverhead, New York 11901 l
Wading River, New York 11792 Ms. Nora Bredes 7cc!(eting and St tvice Section Executive Director Office of the Secretary Shoreham Opponents Coalition U.S. Nuclear RegC atory Comm.
195 East Main Street 1717 H Street, N.H.
j Smithtown, New York 11787 Washington, D.C.
20555 Mary M. Gundrum, Esq.
Hon. Michael A. i>oGrande New York State Department of Law Suffolk County 1:tecutive l
120 Broadway, 3rd Floor H. Lee Dennison Building i
Room 3-116 Veterans Memorial Highway j
New York, New York 10271 Hauppauge, New York 11788 MHB Technical Associates Dr. Monroe Schneider l
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.
i Albany, New York 12223 Office of General Counsel Washington, D.C.~
20555
{
G
\\
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 Y
__ m aw're'nceCoeL$n~p$er
~~
KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 By Hand By Telecopy, 3/24
.