ML20210B852

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NRC Staff Response to State of Ny Motion for Leave to File Rebuttal Testimony.* State of Ny Has Not Provided Sufficient Info in Motion Re Lilco Alleged Manipulation of Data to Satisfy Good Cause Std.Certificate of Svc Encl
ML20210B852
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 04/29/1987
From: Bachmann R
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Atomic Safety and Licensing Board Panel
References
CON-#287-3318 OL-3, NUDOCS 8705060030
Download: ML20210B852 (3)


Text

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33 /Y DOCXETED a

U5NRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

~87 MAY -4 A10:42 BEFORE THE ATOMIC SAFETY AND LICENSING BOARkOCr$ift)GINNib[

BRANH In the Matter of

)

)

LONG ISLAND LIGHTING COMPANY

)

Docket No. 50-322-OL-3

)

(Emergency Planning)

(Shoreham Nuclear Power Station,

)

Unit 1)

)

NRC STAFF RESPONSE TO STATE OF NEW YORK MOTION FOR LEAVE TO FILE REBUTTAL TESTIMONY

/

On April 16, 1987, Intervenor State of New York filed its " Motion for Lesve to File Rebuttal Testimony" (" Motion").

According to the Motion, such testimony would provide an analysis of the underlying data for the KLD TR-201 report, which was submitted as part of LILCO's direct testimony.

The Motion states that there is good cause for filing rebuttal testimony because New York's analysis shows that LILCO had manipulated its data, and that New York's witnesses did not have the time to

~

incorporate their analysis in their direct testimony. Motion at 4-5.

The Staff believes that New York has not provided sufficient information in itW g Motion concerning LILCO's alleged manipulation of data to satisfy the

" good cause" standard on that basis alone.

However, the Staff would not oppose non-cumulative, narrowly focused testimony going to the alleged unreliability of the data underlying KLD TR-201. See Motion at 6.

Respect (ully Submitted, Richard G. Bachmann Counsel for NRC Staff Dated at Bethesda, Maryland this 29th day of April,1987 1

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CCLKETEC USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'87 MAY -4 A10 42 BEFORE THE ATO?fm SAFETY AND LICENSING BOkhh5[$$$$[

BRANCH In the Matter of

)

)

LONG ISLAND LIGIITING COMPANY

)

Docket No. 50-322-OL-3

)

(Emergency Planning)

(Shoreham Nuclear Power Station,

)

Unit 1)

)

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO STATE OF NEW YORK MOTION FOR LEAVE TO FILE REBUTTAL TESTIMONY" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 29th day of April,1987:

Morton B. Margulies, Chairman

  • Joel Blau, Esq.

Administrative Judge Director, Utility Intervention Atomic Safety and I.icensing Board Suite 1020 U.S. Nuclear Regulatory Commission 99 Washington Avenue Washington, DC 20555 Albany, NY 12210 Jerry R. Eline*

Fabian G. Palomino, Esq.

Administrative Judge Richard J. Zahnleuter, Esq.

Atomic Safety and Licensing Poard Executive Chamber U.S. Nuclear Regulatory Commission State Capitol Washington, DC 20555 Albany, NY 12224

.m o Frederick J. Shon*

Jonathan D. Feinberg, Esq.

Administrative Judge New York State Department of Atomic Safety and Licensing Board Public Service i

U.S. Nuclear Regulatory Commission Three Empire State Plaza l

Washington, DC 20555 Albany, NY 12223 l

l Philip McIntire James N. Christman, Esq.

l Federal Emergency Management Donald P. Irwin, Esq.

Agency Hunton & Williams i

26 Federal Plaza 707 East Main Street Room 1349 P.O. Box 1535 l

New York, NY 10278 Richmond, VA 23212 l

Douglas J. Hynes, Councilman Town Board of Oyster Bay l

l Town Hall l

Oyster Bay, New York 11771

- - ~

Stephen B. Latham, Esq.

Twomey, Latham & Shea Christopher M. McMurray, Esq.

Attorneys at Law David T. Case, Esq.

33 West Second Street Kirkpatrick & Lockhart Riverhead, NY 11901 South Lobby - 9th Floor 1800 M Street, NW Atomic Safety and Licensing Washington, DC 20036-5891 Board Panel

  • U.S. Nuclear Regulatory Commission Jay Dunkleberger Washington, DC 20555 New York State Energy Office Atomic Safety and Licensing Agency Building 2 Appeal Board Panel
  • Empire State Plaza U.S. Nuclear Regulatory Commission Albany, NY 12223 Washington, DC.20555 4

Spence W. Perry, Esq.

Martin Bradley Ashare, Esq.

General Counsel Suffolk County Attorney Federal Emergency Management H. Lee Dennison Building Agency Veteran's Memorial Highway 500 C Street, SW Hauppauge, NY 11788 Washington, DC 20472 l

Dr. Monroe Schneider Robert Abrams, Esq.

North Shore Committee Attorney General of the State P.O. Box 231 of New York Wading River, NY 11792 Attn: Peter Bienstock, Esq.

Department of Law Ms. Nora Bredes State of New York Shoreham Opponents Coalition Two World Trade Center 195 East Main Street Room 46-14 Smithtown, NY 11787 New York, NY 10047 Anthony F. Earley, Jr.

William R. Cumming, Esq.'

General Counsel Office of General Counsel Long Island Lighting Company Federal Emergency Management ~ ~,'

175 East Old Country Road Agency Hicksville, NY 11801 500 C Street, SW Washington, DC 20472 Dr. Robert Hoffman Long Island Coalition for Safe Docketing and Service Section*

Living Office of the Secretary P.O. Box 1355 U.S. Nuclear Regulatory Commission Massapequa, NY 11758 Washington, DC 20555 Mary M. Gundrum, Esq.

Barbara Newman New York State Department of Law Director, Environmental Health 120 Broadway Coalition for Safe Living 3rd Floor, Room 3-116 Box 944 l

New York, NY 10271 Huntingto, New York 11743 w

Richard G. Bachmann Counsel for NRC Staff

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