ML20209H534

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Responds to Suggesting That OL-3 & OL-5 Licensing Boards Consider Holding Joint Conference of Counsel to Determine Whether Both Contentions Can Be Heard jointly.OL-3 Board Finds No Basis to Participate.Served on 870203
ML20209H534
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 02/02/1987
From: Margulies M
Atomic Safety and Licensing Board Panel
To: Bordenick B
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#187-2407 OL-3, OL-5, NUDOCS 8702060072
Download: ML20209H534 (2)


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[ S NUCLEAR REGULATORY COMMISSION 3 ATOMIC SAFETY AND LICENSING BOARD PANEL Cat,r*r k, WASHINGTON. O.C. 20555 JN[

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Bernard M. Bordenick, Esq.

U.S. Nuclear Regulatory Commission Office of General Counsel SERVED FEB 031987 Washington, D.C. 20555 In the Matter of Long Island Lighting Company (ShorehamNuclearPowerStation, Unit 1)

Docket No. 50-322-OL-3 (Emergency Planning)

Dear Mr. Bordenick:

This is in response to your letter of January 27, 1987 suggesting

that the OL-3 and OL-5 Licensing Boards consider holding a joint i conference of counsel to determine whether OL-3 and OL-5 contentions can be heard jointly by both Boards as well as for hearing discussion from -

the parties as to whether a reconsolidation of the two Boards would be fruitful. This Board fails to find that you have presented a threshold showing that warrants taking such action.

FEMA seeks the Boards to sit together for hearing certain contentions in order to conserve FEMA's limited resources. You cite a number of contentions that FEMA asserts involve a potential overlap in the two proceedings. A quick review does not make it at all clear that there is a significant overlap in the contentions. Further, the OL-3 l

and OL-5 are operating on two different discovery and. hearing schedules.

The OL-3 hearing is to follow the OL-5 hearing.. Nowhere in your proposal do you suggest as to how it is proposed that the hearings on the contentions can be held jointly. Will a part of tie'0L-5 proceeding be held in abeyance so that the OL-5 discovery process can go forward and be completed?

The Board is sympathetic to the conservation of FEMA's limited resources. However, it is necessary to be advised more specifically what is expected to be accomplished, how it will be done through altering the hearing process and that it will not do harm to effective case management. As to seeking a discussion of reconsolidation of the two Boards, there has been no indication to anyone why it should be accomplished and how it will overcome the reason for appointing a second Board.

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Bernard M. Bordenick, Esq. 2 February 2,1987 For the reasons discussed, the OL-3 Board finds no basis to participate in a conference of counsel to hear a discussion of the matters.

Sincerely, pN@

.orton B. MarguliEi, Chairman For the Atomic Safety and Licensing Board cc: Service Lists, Shoreham 50-322-0L-3 and 50-322-0L-5 0

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