ML20207Q280
| ML20207Q280 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 01/15/1987 |
| From: | Letsche K KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | Frye J, Paris O, Shon F Atomic Safety and Licensing Board Panel |
| References | |
| CON-#187-2245 OL-5, NUDOCS 8701270120 | |
| Download: ML20207Q280 (2) | |
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TE11CX) PIER 002) 77&9100 FIITSBL1LCH PA 15222 5379 (412) 3554500 N [ MHE con n&soe4 January 15, 1987 BY TELECOPY John H. Frye, III, Chairman Dr. Oscar H. Paris Mr. Frederick J. Shon Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Gentlemen:
This letter responds to that of Donald P.
Irwin, dated January 9, 1987, concerning LILCO's decision not to file summary disposition motions in the exercise lir'gation.
Suffolk County is willing to forego the opportunity to file such motions, and, accordingly, agrees that there is no need for filings on January 16, or a conference call on January 20.
In his letter, Mr. Irwin requests a change in the schedule agreed to by the parties and set by the Board during the January 6 conference of counsel -- that is, he suggests that all testimony should be filed on February 27, rather than on a rolling basis as suggested by the Board and discussed and agreed to by the parties during the conference.
For the reasons already stated, Suffolk County sees no need for, or benefit to such a proposal; indeed, it would be counterproductive and, in any event, not possible within the three week period now in the schedule between the close of discovery and the first testimony filing date.
Since Mr. Irwin has filed no motion for a change of schedule, however, and indeed, in his letter he stated no reason or justification for changing the ruling already made by the Board, the County does not discuss his request any further here.
The County does note, however, that the rolling schedule already agreed to was based upon the assumption that there would be no summary disposition motions.
Thus, LILCO's decision to forego such motions certainly provides no basis for a change in the schedule.
8701270120 870115 PDR ADOCK 05000322 PDR 3
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e KIRKPATRICK & LOCKHART John H..Frye, III, Chairman Dr. Oscar H. Paris Mr. Frederick J. Shon January 15, 1987 Page 2 Finally, the County has also received the letter to the Board from FEMA counsel William R. Cumming dated January 13, 1986.
The County's initial view is that FEMA's proposals should not be accepted.
However, the matters raised by FEMA are more appropriately discussed after the close of discovery, when the parties will have a better handle on how the hearing will proceed.
Accordingly, the County believes Mr. Cumming's concerns should be discussed during the conference of counsel scheduled for February 10, 1987.
If the Board should desire tLa County's views at the present time, however, the County requests that the Board so advise the undersigned.
The County is authorized to state that the State of New York and the Town of Southampton agree with the views expressed herein.
l.
Sincerely, Kahla J. Letsche Attorney for Suffolk County KJL: sir cc:
Service List (Telecopy to counsel for LILCO, FEMA, and NRC Staff)