ML20211H362
| ML20211H362 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 10/30/1986 |
| From: | Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20211H366 | List: |
| References | |
| CON-#486-1363 OL-5, NUDOCS 8611050104 | |
| Download: ML20211H362 (5) | |
Text
7 70 LILCOo October 30,1986 UNITED STATES OF AMERICA DOCKETED USNRC NUCLEAR REGULATORY COMMISSION
'86 NOV -3 All :39 Before the Atomic Safety and Licensinst Board CFFICE C...
00CXETIC 3 so. r In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-5
) (EP Exercise)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
A LILCO'S MOTION FOR LEAVE TO RESPOND TO MOTIONS FOR RECONSIDERATION OF OCTOBER 3,1986 PREHEARING CONFERENCE ORDER LILCO respectfully requests leave, pursuant to 10 CFR S 2.752(c), to reply to the motions for reconsideration of this Board's October 3,1986 Prehearing Conference Order filed by the Federal Emergency Management Agency and by Intervenors Suffolk County, et al. on October 27 and received, respectively, yesterday and today.
If per.nitted to reply, LILCO would address three areas:
1.
Contentions EX 15,16 and 19: FEMA's Motion to Reconsider raises, with respect to these contentions, an issue of basic importance to that agency's administra-tion of its Radiological Emergency Preparedness program and the relationship of the NRC to that program through the NRC-FEMA Memorandum of Understanding. As LILCO understands FEMA's argument, FEMA develops exercises and then observes and grades them using relatively standard critula and applied expert judgment, but not sta-tistical or other mathematical techniques for assessing sufficiency of performance.
There is no assertion that FEMA's conduct of the Shoreham exercise is in any way dif-ferent from the typical FEMA exercise, or that FEMA departed from its standards in developing, conducting, or evaluating it.
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The Board's permitting inquiry into the sufficiency of the exercise in Conten-tions 15,16 and 19, without any showing that the Shoreham exercise differs in any waay from other FEMA exercises inherently involves, in FEMA's view, an intrusion into its conduct of substantive business within its area of special expertise and primacy under the Memorandum of Understanding.
FEMA's concern raises the following questions: Is the Board's allowing of Con-tentions 15,16 and 19 consistent with the allocation of responsibility between NRC and FEMA under the NRC-FEMA Memorandum of Understanding? Is a facility-specific 11-censing proceeding before the NRC an appropriate forum in which to consider what is inherently a collateral attack on FEMA's basic process for assessing radiological pre-paredness, or should such an inquiry more properly be conducted in a rulemaking pro-ceeding?
LILCO believes that FEMA's motion on Contentions 15,16 and 19 raises substan-tial issues and, if permitted to brief them by the Board, would support FEMA's motion.
LILCO also believes that these issues, which go to the basic conduct of interagency business under the Memorandum of Understanding, are sufficiently substantial that, if the Board declines to reconsider its ruling on them, LILCO supports FEMA's motion in the alternative for certification of them to the Commission.
2.
Status of Contentions Excluded by Subsuming. Incorporation or Methods Other Than Outright Rejection on the Merits: FEMA's Motion to Reconsider points out, at 16, the potential for ambiguity and mischief in construction of those contentions into l
l which other, rejected contentions have been subsumed or otherwise incorporated. In-l l
tervenors' Objections perfectly illustrate, at 2-3, the mischief of that ambiguity, in 1
flatly assuming that such rejected contentions are merely being regrouped organiza-I tionally within the framework of other contentions, and that anything within the ambit of the rejected contentions still can be developed, within the rubric of the " host" t
contentions. LILCO does not have the same understanding of the Board's October 3 Order as Intervenors, and has been compiling a " Revised Standard Version" of the con-tentions, based on the Board's October 3 Order, in order to enable the parties to agree on the text of admitted issues, and expects to have it ready for filing within the next week. If permitted to comment on the motions for reconsideration, LILCO would at-tach the proposed standard text of contentions for review by the Board and parties.
3.
Other Issues: Intervenors' Motion for Reconsideration reclamors essentially every issue rejected on the merits by the Board in its October 3 Order. While LILCO does not believe in artificial generation of paper in this already burdened case, it does with an opportunity to be heard as to any of these issues on which the Board believes that Intervenors have made out a prima facie case for reconsideration. LILCO accord-ingly requests the opportunity to reply with respect to any such issues, as they may be designated by the Board.
Respectfully submitted, h4 P r
~
Donald P. Irwin Counsel for Long Island Lighting Company Hunton & Williams 707 East Main Street i
P.O. Box 1535 Richmond, Virginia 23212 DATED: October 30,1986 l
i
LILCO, October 30,1986 COLMETED USHRC CERTIFICATE OF SERVICE
'86 NOV -3 All 39 In the Matter of LONG ISLAND LIGHTING COMPANY OFFILE J Nt 'im (Shoreham Nuclear Power Station, Unit 1) 00Chlift{gtyE PVICL Docket No. 50-322-OL-5 I hereby certify that copies of LILCO'S MOTION FOR LEAVE TO RESPOND TO MOTIONS FOR RECONSIDERATION OF OCTOBER 3,1986 PREHEARING CONFER-ENCE ORDER were served this date upon the following by Federal Express as indicated by an asterisks, or by first-class mail, postage prepaid.
John H. Frye, III, Chairman
- Atomic Safety and Licensing Atomic Safety and Licensing Board Panel.
Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 East-West Towers 4350 East-West Hwy.
Bernard M. Bordenick, Esq.
- Bethesda, MD 20814 Oreste Russ Pirfo, Esq.
Edwin J. Reis, Esq.
Dr. Oscar H. Paris
- U.S. Nuclear Regulatory Commission Atomic Safety and Licensing 7735 Old Georgetown Road Board (to mailroom)
U.S. Nuclear Regulatory Commission Bethesda, MD 20814 East-West Towers 4350 East-West Hwy.
Herbert H. Brown, Esq.
- Bethesda, MD 20814 Lawrence Coe Lanpher, Esq.
Karla J. Letsche, Esq.
Mr. Frederick J. Shon
- Kirkpatrick & Lockhart
. Atomic Safety and Licensing Eighth Floor
-Board 1900 M Street, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C. 20036 East-West Towers, Rm. 430 4350 East-West Hwy.
Fabian G. Palomino, Esq.
- Bethesda, MD 20814 Special Counsel to the Governor Executive Chamber
- Secretary of the Commission Room 229 Attention Docketing and Service State Capitol Section Albany, New York 12224
~
U.S. Nuclear Regulatory Commission 1717 H Street, N.W.
Mary Gundrum, Esq.
l Washington, D.C. 20555 Assistant Attorney General 120 Broadway Atomic Safety and Licensing Third Floor, Room 3-116 Appeal Board Panel New York, New York 10271 U.S. Nuclear Regulatory Commission l
-Washington, D.C. 20555 l
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Spence W. Perry, Esq.
- Ms. Nora Bredes William R. Cumming, Esq.
Executive Coordinator Federal Emergency Management Shoreham Opponents' Coalition Agency 195 East Main Street 500 C Street, S.W., Room 840 Smithtown, New York 11787 Washington, D.C. 20472 Gerald C. Crotty, Esq.
Mr. Jay Dunkleberger Counsel to the Governor New York State Energy Office Executive Chamber Agency Building 2 State Capitol Empire State Plaza Albany, New York 12224 Albany, New York 12223 Martin Bradley Ashare, Esq.
Stephen B. Latham, Esq.
- Eugene R. Kelly, Esq.
Twomey, Latham & Shea Suffolk County Attorney 33 West Second Street H. Lee Dennison Building P.O. Box 298 Veterans Memorial Highway Riverhead, New York 11901 Hauppauge, New York 11787 Mr. Philip McIntire Dr. Monroe Schneider Federal Emergency Management '
North Shore Committee Agency P.O. Box 231 26 Federal Plaza Wading River, NY 11792 New York, New York 10278 Jonathan D. Feinberg, Esq.
New York State Department of Public Service, Staff Counsel Three Rockefeller Plaza Albany, New York 12223 l
D6nald P. Irwin Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: October 30,1986 l