ML20207D896
| ML20207D896 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 12/23/1986 |
| From: | Mcmurray C KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-2049 OL-3, NUDOCS 8612310274 | |
| Download: ML20207D896 (7) | |
Text
'
zoff December 23,09EddE UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 16 DEC 30 All 33 Before the Atomic Safety and Licensino Board b0 tik[j,'"
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
SUFFOLK COUNTY'S RESPONSE TO BOARD MEMORANDUM AND ORDER REGARDING SCHEDULE FOR RECEPTION CENTER PROCEEDING On December 11, 1986, this Board granted LILCO's motion to reopen the record on the issue of reception centers and requested the parties to submit a proposed discovery and hearing schedule.1/
Suffolk County hereby responds as follows.2/
Discovery As set forth in this Board's Order, there are a number of issues to be litigated in this proceeding including the physical i
adequacy of LILCO's new facilities, transportation and traffic problems arising from use of those facilities, staffing 1/
Egg Memorandum and Order (Rulings on LILCO Motion to Reopen Record and Remand of Coliseum Issue) (December 11, 1986)
(" Order").
2/
The County is authorized to state that t.he Town of Southampton joins in this proposed schedule.
The State of New York has indicated that it will be filing a separate response on this matter.
) o 15 C612310274 861223 PDR ADOCK 05000322 O
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O requirements, LILCO's ability to monitor and decontaminate evacuees in a timely manner, the effect of the use of the new facilities on local water supplies, evacuation shadow concerns arising from the use of the new facilities, and several other issues.
Each issue requires expert analysis and discovery of pertinent facts before the County can be in a position to file testimony.
The need for such discovery is obvious.
LILCO's substitution of its three proposed facilities for the Nassau Coliseum constitutes, in effect, a wholesale restructuring of LILCO's monitoring and decontamination procedures.
Indeed, as the Board has previously recognized, seg Order at 11, the revisions to the Plan reflecting this change are voluminous.
In light of LILCO's extensive revision of its Plan, the County and the other Intervenors must be given an opportunity to obtain relevant information regarding LILCO's revised procedures and new facilities through interrogatories and document requests.
Once this material has been obtained and analyzed by the County's experts, it will then be necessary for the County to conduct depositions of all relevant LILCO and FEMA witnesses.1/
Without an opportunity for such discovery, the County will be unable to address the issues set forth in the Board's Order.
l/
LILCO has indicated that it also intends to conduct discovery, which will presumably include depositions of the Governments' witnesses.
This should also be taken into consideration in determining the schedule for this proceeding. - - _ - -,
Under ideal circumstances, the County would propose at least 8 weeks to conduct all of the discovery required in this proceeding.
However, the Board must also take into account that the OL-5 (EP Exercise) litigation is proceeding simultaneously with this proceeding.
The schedule for the OL-5 litigation for the months of January and February is particularly hectic, with depositions scheduled virtually every day during the first three weeks of January and with the hearing scheduled to commence in February.
Because discovery on the reception center issues must be conducted simultaneously with the ongoing OL-5 proceeding, it will be necessary for the County's attorneys, who are appearing in both proceedings, to operate on two tracks at once.
- Thus, they will be unable to devote their full time and attention to this proceeding.
Under such circumstances, the County will require no less than 12 weeks to complete discovery.
Testimony Testimony should be filed simultaneously by all parties 4/ 4 weeks following the close of discovery.
This is the minimum amount of time which the County and its expertsl/ will require to 1/
LILCO's proposal to sta7 er the filing of testimony, with the Intervenors filing two wexs before LILCO, is inappropriate and without precedent in this proceedings.
Is should not be adopted by this Board.
1/
It is not possible to determine at this time how many experts the County will present at trial.
However, given the numerous issues before the Board, the number of witnesses may range up to 10 or more.
Adequate time must be built into the schedule for these experts to conduct appropriate analyses and prepare testimony based on the results of such analyses. l
draft testimony on the many issues before the Board.
Motions to Strike /Hearina The County proposes that motions to strike be filed one week after the submission of testimony, with responses due one week later.
The hearing should commence one week thereafter.
Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 Lawrence Coe Canpher Karla J. Letsche Christopher M. McMurray KIRKPATRICK & LOCKHART South Lobby - 9th Floor 1800 M Street, N.W.
Washington, D.C.
20036-5891 Attorneys for Suffolk County December 23, 1986 00LKETED U3NPC-December 23, 1986
'86 DEC 30 All 33 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i
OFFICE D am"t AF.
Before the Atomic Safety andLicensinaBoia"[NdNj!fCb
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY'S RESPONSE TO BOARD MEMORANDUM AND ORDER REGARDING SCHEDULE FOR RECEPTION CENTER PROCEEDING have been served on the following this 23rd day of December 1986 by U.S. mail, first class, except as otherwise noted.
Morton B. Margulies, Esq., Chairman
- Joel Blau, Esq.
Atomic Safety and Licensing Board Director, Utility Intervention U.S. Nuclear Regulatory Commission N.Y. Consumer Protection Board Washington, D.C.
20555 Suite 1020 Albany, New York 12210 Dr. Jerry R. Kline*
Spence W. Perry, Esq.
Atomic Safety and Licensing Board William R. Cumming, 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 1
Mr. Frederick J. Shon*
Anthony F. Earley, Jr.,
Esq.
Atomic Safety and Licensing Board General Counsel U.S. Nuclear Regulatory Commission Long Island Lighting Company Washington, D.C.
20555 175 East Old Country Road Hicksville, New York 11801 Mr. William Rogers W. Taylor Reveley, III, Esq.**
Clerk Hunton & Williams Suffolk County Legislature P.O. Box 1535 Suffolk County Legislature 707 East Main Street Office Building Richmond, Virginia 23212 Veterans Memorial Highway 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. Peter Cohalan 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 Bernard M. Bordenick, Esq.
New York State Energy Office U.S. Nuclear Regulatory Comm.
Agency Building 2 Washington, D.C.
20555 Empire State Plaza Albany, New York 12223
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 BY HAND BY FEDERAL EXPRESS Christoph(r M. McMurray KIRKPATRICK & LOCKHART South Lobby - 9th Floor 1800 M Street, N.W.
Washington, D.C.
20036-5891 Date:
December 23, 1986 i
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