ML20211K099

Order Scheduling Prehearing Conference on 860708 in Hauppauge,Ny.Served on 860624

ML20211K099
Person / Time
Site:	Sequoyah, Shoreham  File:Long Island Lighting Company icon.png
Issue date:	06/20/1986
From:	Margulies M Atomic Safety and Licensing Board Panel
To:	LONG ISLAND LIGHTING CO.
References
CON-#286-728 86-533-01-OL, 86-533-1-OL, OL-3, OL-5, NUDOCS 8606270163
Download: ML20211K099 (3)

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t r, 3' UNITED STATES OF AMERICA 6 NUCLEAR REGULATORY COMMISSION J' UN 2 31986* T3 L a'~%1aaNme; r

)Z ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges: O g Morton B. Margulies, Chairman Dr. Jerry R. Kline Mr. Frederick J. Shon MO EN MQR

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In the Matter of ) Docket No. 50-322-OL-3 i

) (EP Exercise)

LONG ISLAND LIGHTING COMPANY )

) (ASLBPNo. 86-533-01-OL)

(Shoreham Nuclear Power Station, )

Unit 1) ) June 20, 1986

)

ORDER (Prehearing Conference July 8, 1986)

On June 11, 1986, the Licensing Board issued a Memorandum calling for a prehearing conference to be set in the subject proceeding by early in the week of July 7. Matters to be considered at the conference are the issues involved, procedures to be employed and scheduling, as well as other topics relevant to preparation for the commencement of a hearing. The parties were requested to assist in setting the conference.

Efforts by the parties to reach agreement proved unsuccessful. On 1

l June 18, 1986, Applicant filed LILCO's Motion to Implement Board Order of June 11, 1986. As pertinent, it seeks that the Board set a specific time and place for the conference and in the meantime require that the parties commence to prepare for the proceeding by taking a series of

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2 steps. They included: that an abbreviated time be set for replying to the motion; that the prehearing conference be set at a time and place of the Licensing Board's choosing; that the parties wishing to file contentions do so no later than June 27 and that responses be made by July 3; and that parties wishing to make scheduling or procedural suggestions do so no later than June 27, with responses due July 3.

On June 18, 1986, the Licensing Board notified the parties that the response to the subject motion was to be made by way of a telephone conference call scheduled for 10:00 a.m. on June 20. Prior to the conference call, on June 20, Suffolk County filed a preliminary reply to LILCO's position. It argued that the motion was out of order, that it was premature and would destroy the integrity of the prehearing conference. It further contended it would be error to set a schedule for the filing of contentions. It suggested a one step process to help set the agenda for the conference which would be accomplished by the filing of proposed agenda items with the Licensing Board and parties by July 1, 1986.

Representatives of the parties participated in the scheduled telephone conference call and were heard on the motion. After due consideration and deliberation, the Licensing Board made the following rulings and informed the parties of its findings during the call. Its findings are:

1. Applicant's motion of June 18 was not out of order or premature and it would not destroy the integrity of the hearing process. It was 1

correct to hear and decide the motion during the scheduled telephone l conference call. Circumstances required an imediate disposition.

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2. The prehearing conference called for by the Memorandum of June 11, shall be held on July 8,1986, commencing at 9:30 a.m., local time, in the New York State Court of Claims, State Office Building, Room 3844, Veterans Memorial Highway, Hauppauge, New York.

3. No time is to be set for the filing of contentions prior to the holding of the prehearing conference, but the time for the preparation of contentions begins to run from June 18, there being sufficient information available to the parties to start the drafting of contentions.

4. No time limit is to be set for the filing of replies to contentions prior to the holding of the prehearing conference although it is expected that replies will be made within a reasonable period.

5. Parties wishing to make scheduling or procedural suggestions for the agenda are to do so no later than July 1, by making delivery of their proposals on the Licensing Board and the parties, at their usual offices, by that date.

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Mdrton B. Margulies (fhairman ADMINISTRATIVE LAW JUDGE Dated at Bethesda, Maryland this 20th day of June, 1986

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