ML20209G680
| ML20209G680 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/27/1987 |
| From: | Miller S HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#287-3280 OL-3, NUDOCS 8705010036 | |
| Download: ML20209G680 (5) | |
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LTLCO, April 27, 1987 DGCKETED U5MC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'87 APR 29 P4 2 4
Before the Atomic Safety and Licensing Board {Ii awh C
BRht:CH In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
Emergency Planning (Shoreham Nuclear Power Station, )
Unit 1)
)
LILCO'S RESPONSE TO SUFFOLK COUNTY MOTION FOR LEAVE TO FILE REBUTTAL TESTIMONY In a motion filed on April 17, 1987 ("Suffolk County Motion For Leave To File Rebuttal Testimony"), Suffolk County seeks leave to file rebuttal testimony on the direct testimony of NRC witness Lewis G. Hulman regarding the number of people likely to be affected by a Shoreham accident.
Subject to the limitations set out below, LILCO does not oppose the County's motion.
Howev-er, LILCO does oppose the suggestion that all rebuttal testimony be filed by May 4.
Suffolk County claims that rebuttal testimony is needed to address Mr. Hulman's direct testimony analyzing the number of people likely to seek monitoring at LILCO's reception centers.
l The County asserts that this rebuttal could not have been incor-porated in its direct testimony of April 13, 1987, because the calculations supporting Mr. Hulman's testimony were not produced to the County until April 10, 1987, three days before the Coun-ty's testimony was due.
The County adds that these calculations 1
8705010036 870427 PDR ADOCK 05000322 G
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l were " indecipherable" without Mr. Hulman's testimony, which was filed on April 13, 1987.
LILCO must reserve final judgment on the justification for the County's effort to file rebuttal testimony until it has seen the testimony.
The County may indeed have " good cause" to file some limited rebuttal testimony on Mr. Hulman's calculations.
LILCO would not object to limited rebuttal provided the rebuttal testimony really does depend on Mr. Hulman's calculations and re-ally could not have been done in time for filing with the Coun-ty's direct case, and provided that it is otherwise admissible.
LILCO specifically reserves its right, however, upon reviewing the testimony actually filed, to move to strike inappropriate testimony.
One ground for doing so would be that the testimony did not turn on Mr. Hulman's calculations, and, therefore, could have been presented earlier.
LILCO does object to the Board's setting at this time a gen-eral cut-off for filing rebuttal testimony.
LILCO anticipates that it will have to file some rebuttal itself (probably on traf-fic issues).
LILCO will advise the Board by May 4, of when it will be able to file such testimony.
As argued in the accompa-nying LILCO's Response to State of New York Motion for Leave to File Rebuttal Testimony, a filing cut-off of May 4, as the County suggests, would prejudice LILCO unfairly.
E Respectfully submitted, b
James N. Christman Stephen W.
Miller Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED:
April 27, 1987
I DCLKEIE:
USWC LILCO, April 27, 1987 117 APR 29 P4 42 0FFtLE.
u.
CERTIFICATE OF SERVICE hh('g["#I In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 I hereby certify that copies of LILCO'S RRESPONSE TO SUFFOLK COUNTY MOTION FOR LEAVE TO FILE REBUTTAL TESTIMONY were served this date upon the following by telecopier as indicated by one asterisk, by Federal Express as indicated by two asterisks, or by first-class mail, postage prepaid.
Morton B. Margulies, Chairman **
Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Panel Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 East-West Towers, Rm. 407 Atomic Safety and Licensing 4350 East-West Hwy.
Board Panel Bethesda, MD 20814 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Jerry R. Kline **
Atomic Safety and Licensing Richard G.
Bachmann, Esq.
Board George E. Johnson, Esq.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission East-West Towers, Rm. 427 7735 Old Georgetown Road 4350 East-West Hwy.
(to mailroom)
Bethesda, MD 20814 Bethesda, MD 20814 Mr. Frederick J.
Shon **
Herbert H.
Brown, Esq.
Atomic Safety and Licensing Lawrence Coe Lanpher, Esq.
Board Karla J.
Letsche, Esq.
U.S. Nuclear Regulatory Commission Kirkpatrick & Lockhart East-West Towers, Rm. 430 South Lobby - 9th Floor 4350 East-West Hwy.
1800 M Street, N.W.
Bethesda, MD 20814 Washington, D.C.
20036-5891 Secretary of the Commission Fabian G.
Palomino, Esq.
Attention Docketing and Service Richard J.
Zahnleuter, Esq.
Section Special Counsel to the Governor U.S. Nuclear Regulatory Commission Executive Chamber 1717 H Street, N.W.
Room 229 Washington, D.C.
20555 State Capitol Albany, New York 12224
f Jonathan D.
Feinberg, Esq.
New York State Department of M:ry Gundrum, Esq.
Assistant Attorney General Public Service, Staff Counsel 120 Broadway Three Rockefeller Plaza Third Floor, Room 3-116 Albany, New York 12223 N:w York, New York 10271 Ms. Nora Bredes Executive Coordinator Shoreham Opponents' Coalition Sp:nce W.
Perry, Esq. **
195 East Main Street William R. Cumming, Esq.
Smithtown, New York 11787 Federal Emergency Management Agency Gerald C. Crotty, Esq.
500 C Street, S.W., Room 840 Counsel to the Governor Washington, D.C.
20472 Executive Chamber State Capitol Mr. Jay Dunkleberger Albany, New York 12224 N:w York State Energy Office Ag ncy Building 2 Martin Bradley Ashare, Esq.
Empire State Plaza Eugene R.
Kelly, Esq.
Albany, New York 12223 Suffolk County Attorney H. Lee Dennison Building Stcphen B. Latham, Esq. **
Veterans Memorial Highway Twomey, Latham & Shea Hauppauge, New York 11787 33 West Second Street P.O. Box 298 Dr. Monroe Schneider Riverhead, New York 11901 North Shore Committee P.O.
Box 231 Mr. Philip McIntire Wading River, NY 11792 Federal Emergency Management Agency 26 Federal Plaza New York, New York 10278 h
James N.
Christman Stephen W.
Miller Hunton & Williams 707 East Main Street P.O.
Box 1535 Richmond, Virginia 23212 DATED:
April 27, 1987 l
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