ML20210S467
| ML20210S467 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 10/03/1986 |
| From: | Lanpher L, Latham S, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY, TWOMEY, LATHAM & SHEA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1009 OL-5, NUDOCS 8610080144 | |
| Download: ML20210S467 (6) | |
Text
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DIN lUIb I c> o 9 y
00CMETED USNRC October 3, 1986
'86 DCT -7 A11 :27 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION CFFICE Or Et r 7Agy 00CETH,..
srevicr Before the Atomic Safety and Licensing Board
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-5
)
(EP Exercise)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON REPLY TO LILCO'S OCTOBER 3 " RESPONSE" The Governments wish to comment briefly on "LILCO's Response to Intervenors' Letter Pleading Concerning Scheduling" which was received this morning.
1.
There was no need for either LILCO's October 3
" Response" or for its October 1 motion.
'ef'CO itself chose to go beyond the Board's request of Septepae 24 ~ hat the parties submit a proposed order, and, instead, itself determined to file a motion.
That motion contains arguments and proposals ranging far beyond those discussed on September 24.
Having chosen to file its motion, LILCO cannot now complain because the 8610080144 861003 PDR ADOCK 05000322 G
PDR DSo3
'v Governments intend to answer it nor is there any basis for-LILCO's suggestion that such an answer must be filed according to some artificially constrained timeframe or page limit.
2.
LILCO's Response implies that the Governments must obtain permission to file an answer to the LILCO motion (".
if the Board decides to permit comments on the October 1, pleadings.
.").
LILCO miscontrues the regulations.
A party does not need permission to answer a motion.
Under Section 2.730, there is an absolute right to file an answer.
3.
On October 2, the undersigned telecopied a letter to this Board indicating the Governments' intention to answer LILCO's motion as.provided in the regulations.
LILCO's suggestion that the Board should convert that simple courtesy letter of notification into a motion is baseless.
4.
LILCO urges that the Board should limit the Governments' answer to five pages and require that it be filed by 10 a.m. Monday.
This is yet another example of LILCO attempting to establish new rules for this proceeding.
This Board has previously indicated that it intends to follow the NRC rules; it should continue to do so, since the NRC's rules must be presumptively assumed to contain reasonable time periods.
Respectfully submitted,
r
\\
" Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 Qw' Herbart H. Brown Lawrence C. Lanpher Karla J.
Letsche.
Kirkpartrick & Lockhart 1900 M Street, N.W.
Washington, D.C.
20036 Attorneys for Suffolk County ho btar-f ' f n,$c)
Fabian G.
Palomino Richard J.
Zahnleuter Special Counsel to the Governor of New York State Executive Chamber Two World Trade Center New York, New York 10047 Attorney for Governor Mario M.
Cuomo and the State of New York 9
2 7 Ls l YkC+
f
/
Stephen B.
Latham Twomey, Latham & Shea P.O.
Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of Southampton October 3, 1986
k' 00lKETED October 3, 198EC UNITED STATES OF AMERICA 16 OCT -7 41 :2'7 NUCLEAR REGULATORY COMMISSION OFFICE or ~ - -
Before the Atomic Safety and Licensing BoE9BETincNNhi[gy-BRAucn
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-5
)
(EP Exercise)
.(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON REPLY TO LILCO'S OCTOBER 3
" RESPONSE" have been served on the following this 3rd day of October 1986 by U.S. mail, first class, except as otherwise noted.
- Morton B. Margulies, 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
t
$1r.FrederickJ. 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.C.
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 Gundrum, Esq.
Hon. Peter Cohalan New York State Department of Law Suffolk County Executive 2 World Trade Center, Rm. 4614 H.
Lee Dennison Building New York, New York 10047 Veterans Memorial Highway 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
3 6
't i
David A. Brownlee, Esq.
Mr. Stuart Diamond Business / Financial Kirkpatrick & Lockhart 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 W.
43rd Street New York, New York 10036 r
'%i%
W G1+
w Lawrence Coe Lanpher KIRKPATRICK & LOCKHART 1900 M Street, N.W.
Suite 800 Washington, D.C.
20036 Date:
October 3, 1986 By Telecopy i
9 l
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