ML20211B967
| ML20211B967 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 10/15/1986 |
| From: | Latham S, Letsche K, 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-#486-1136 OL-5, NUDOCS 8610210238 | |
| Download: ML20211B967 (7) | |
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l 00LKETED October 15, 1986 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFILE r i ~.
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- L Before the Atomic Safety and Lice 7 sing Board 00CKEi!} -l 9VU:
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In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322_OL-5
)
(EP Exercise)
(Shoreham Nuclear Power Station,
)
Unit 1 )
)
)
SUFFOLK COUNTY, THE STATE OF NEW YORK, AND THE TOWN OF SOUTHAMPTON. MOTION FOR RECONSIDERATION AND RESPONSE TO STAFF MOTION FOR TIME EXTENSION Suffolk County, the State of New York, and the Town of Southampton (" Governments") were informed at about 5:00 p.m.
October 15, 1986 of the contents of the NRC Staff Motion for Extension of Time Within Which to File Objections to Prehearing Conference Order.1 The Governments hereby respond to that motion.
First, the Governments note their strong objection to the Board's having ruled on October 10, 1986, upon FEMA's October 9 i
late-afternoon motion for a 10-day time extension to seek reconsideration of the Board's Prehearing Conference Order, I
1 The Governments have prepared this filing based upon having had the Staff motion read to counsel for Suffolk County.
Due to telecopy difficulties, a hard copy of the Staff's motion has not yet been received.
8610210238 861015 PDR ADOCK 05000322 PDR G
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without having first requested, waited for, or considered the responses of other parties to that motion as provided in 10 CFR i
Section 2.730.
The Governments' opposition to the FEMA motion was filed by hand delivery, on October 14, 1986, the second business day after FEMA's motion was filed.
In that opposition,
~
the Governments explained why, under the NRC's Rules of Practice, the FEMA motion should have been denied, since it lacked any basis, grounds or even explanation to justify the requested relief.
The Governments submit that the Board's action in ruling upon, and granting, the FEMA motion was erroneous and hereby request that the Board reconsider that ruling.
The Governments i
submit that the FEMA request should be denied.
In addition, the NRC Staff's motion of this date should be j
denied for the same reason as that of FEMA.
The Staff provides no basis or justification for its requested extension of time other than general statements about the significance of the issues and the need to consult with technical staff and FEMA.
1 The Staff never e.ven attempts to explain why this could not be done within the time,provided by the rules.
For the reasons already stated in the Governments' October 14 Response to FEMA's Request for an Enlargement of Time, the Staff's largely identical request should also be denied.
Finally, should the Board determine not to reconsider and reverse its order ruling upon the FEMA request, and should it be inclined to grant the Staff's request, the Governments submit that in the interest of fairness, the relief requested by FEMA and the Staff should be afforded to the Governments as well. l 1
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b Accordingly, if the Staff's requested extension to October 27 is granted by the Board, the Governments submit that the same extension -- to October 27 -- also be granted to the Governments.
'The Governments note that under 10 CFR Section 2.752, the Governments! objections to the Prehearing Conference Order are due tomorrow, October 16, 1986.2 Accordingly, the Governments request-that the Board rule promptly on the pending motions and notify the Governments as early as possible of such rulings.
- Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 O
V,.
Herbdry H. Brown / L/
Lawrende Coe Lan@er Karla J.
Letsche KIRKPATRICK & LOCKHART 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 Attorney' #or Suffolk County
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Fabian G. Palomino' Special Counsel to the Governor of the State of New York Executive Chamber, Room 229 Capitol Building Albany, New York 12224 Attorney for Mario M. Cuomo, Governor of the State of New York 2
The Prehearing Conference Order was dated October 3 but was served by mail on October 6, making October 16 the date for the Governments' objections.
i Xteph B. Latham V Twome Latham & Shea P.O.
Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of Southampton
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COLKETEC
-UsttRC October 15, 1986 16 0CT 17 P3 :21 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICL CT ntm' 00CKETl0 a S9 VKf-Before the Atomic Safety and Licensing Board B ? ML'"
)
1 In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-5 i
)
.(EP Exercise)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
1
^
CERTIFICATE OF SERVICE i
i I hereby certify that copies of SUFFOLK COUNTY, THE STATE OF NEW YORK, AND THE TOWN OF SOUTHAMPTON MOTION FOR RECONSIDERATION AND RESPONSE TO STAFF-MOTION FOR TIME EXTENSION have been ec-ved on i
the following this 15th day of October, 1986 by U.S. m;il, first class, except as otherwise noted.
Morton B. Margulies 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 Dr. Jerry R. Kline
- Mr. Frederick J.
Shon Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
'20555 Washington, D.C.
20555 i
I
- Bernard M. Bordenick, Esq.
Anthony F.
Earley, Jr., Esq.
U.S. Nuclear Regulatory Comm.
General Counsel Washington, D.C.
20555 Long Island Lighting Company 175 East Old Country Road Hicksville, New York 11801 Mr. William Rogers
- *W. Taylor Reveley, III, Esq.
Clerk Hunton & Williams Suffolk County Legislature P.O.
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 MHB Technical Associates Hon. Peter Cohalan 1723 Hamilton Avenue Suffolk County Executive Suite K H. Lee Dennison Building San Jose, California 95125 Veterans Memorial Highway Hauppauge, New York 11788 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 David A.
Brownlee John H. Frye, III, Chairman Kirkpatrick & Lockhart Atomic Safety and Licensing Board 1500 Oliver Building U.S. Nuclear Regulatory Commission Pittsburgh, Pennsylvania 15222 Washington, D.C.
20555
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- bscar'H. Paris Philip McIntire, Esq.
Atomic Safety and Licensing Board Regional Counsel U.S. Nuclear Regulatory Commission Federal Emergency Management Washington, D.C.
20555 Agency 26 Federal Plaza New York, New York 10278 mur Karla y. Letsc {/
KIRKPATRICK &
OCKHART 1900 M Street, N.W.
Suite 800 l
Washington, D.C.
20036 I
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