ML20212C390
| ML20212C390 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 12/24/1986 |
| From: | Zahnleuter R NEW YORK, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-2013 OL-3, NUDOCS 8612300200 | |
| Download: ML20212C390 (6) | |
Text
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tp JI-4) (3 December 24, 1986 UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION COLMETED UStiRC l
Before the Atomic Safety and Licensing Board l
16 DEC 29 P5:11 l'
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-3
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(Shoreham Nuclear Power Station,
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Unit 1)
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STATE OF NEW YORK'S RESPONSE TO MEMORANDUM AND ORDER i
(Rulings on LILCO Motion to Reopen Record l
and Remand of Coliseum Issue)
On December 11, 1986, this Board issued a Memorandum and Order 1/ which requested a proposed discovery and hearing l
schedule from the parties within fourteen days.
This pleading constitutes the State of New York's response.
LILCO proposes a four week discovery period 2/ and the County proposes a twelve week period.3/
The State of New York favors a twelve week period.
The most compelling reason is that the State of New York has a limited staff of counsel familiar with these relocation center issues and the 1/
Memorandum and Order (Rulings on LILCO Motion to Reopen Record and Remand of Coliseum Issue) (December 11, 1986) 2/
LILCO's Brief on Reopening the Reception Center Issue, at
- p. 8.
(December 1, 1986) 3/
Suffolk County's Response to Board Memorandum and Order Regarding Schedule for Reception Center Proceeding, at p. 3.
(December 23, 1986).
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same staff has other pressing shoreham-related commitments.
For example, counsel is simultaneously and actively litigating exercise-related issues before the Frye Board.4/
The proceedings before the Frye Board are being conducted on an expedited basis.
As a result, depositions have been scheduled on almost every available business day between November 17, 1986 and January 21, 1987.
January 21, 1987 is the deadline for the completion of depositions,5/ but it may be necessary to extend the deadline.6/
Furthermore, the Frye Board has determined that the exercise hearing will commence on February 16, 1987.
Although counsel is conscientiously attempting to honor these commitments to the Frye Board, the imposition by the Margolies Board of a concurrent, expedited discovery and hearing schedule on relocation centers would cause undue hardship and violate the State of New York's rights to due process.
Consistent with past practice, the State of New York intends to scrutinize LICLO's latest relocation center scheme.
When LILCO's previous relocation center scheme revolved around just one facility (the Coliseum), the State of New York analyzed the proposal, found it to be defective and 4/
Docket No. 50-322-OL-5 (EP Exercise) 5/
Memorandum and Order (Ruling on FEMA's Motion for Reconsideration of and Intervenors' objections to October 3, 1986 Prehearing Conference Order, at P.
24 (December 11, 1986) 6/
Letter of December 22, 1986 to the Frye Board from Michael S. Miller.
2
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submitted pre-filed, written testimony.7/
LILCO's latest relocation center scheme revolves around not one, but three facilities.
This has the effect of tripling the amount of analysis that the State of New York's consultants and prospective witnesses will need to perform.
For this additional reason, a twelve week discovery period is necessary.
With respect to other scheduling questions, the State of New York is in agreement with the position taken by the County both for the reasons stated by the County 8/ and for the reasons stated herein.
Specifically, the State of New York advocates that testimony be submitted simultaneously by all parties four weeks following the close of discovery; that motions to strike be filed one week after the submission of testimony; that responses be filed one week thereafter; that the hearing commence one week after that.
Respectfully submitted,
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Richard J./Zahnleuter Fabian G. Palomino Special Counsel to the Governor of the State of New York Executive Chamber State Capitol, Room 229 Albany, New York 12224 Attorneys for Governor Mario M. Cuomo and the State of New York 7/
- See, e.g., Direct Testimony of Langdon Marsh on Behalf of the State of New York Regarding LILCO's Proferred Evidence of January 11.
8/
fn.3, supra.
3
ccLKETEP ir;NPC DATE: Dece'mber 24,1986 86 DEC 29 P5 3 2 GOCYit.g;.
Md LFFiu, b UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board in the M=t'ar of~
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LONG 15.AND LIGHTING COMPANY
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Docket No. 50-322-OL-3
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(EP Exercise)
(Shoreham Nuclear Power Station,
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Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of State of New York's Response to Memorandum and Order (Rulings on LILCO Motion to Reopen Record and Remand of Coliseum Issue) have been served on the following this 24:h day of December 1986 by U.S. mail, first class, except as otherwise noted.
Morton B. Margulies, Esq.*, Chairman Dr. Jerry R. Kline
- Atom.tc Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuc.1 Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Mr. Frederick 3. Shon*
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. 20535 Federal Emergency Management Agency Washington, D.C. 20472
F7 Anthony F. Earley,3r., Esq.
Joel Blau, Esq.
General Counsel Director, Utility Intervention Long Island Lighting Company N.Y. Consumer Protection Board 175 East Old Country Road Suite 1020 Hicksville, New York 11801 Albany, New York 12210 Mr. William Rogers W. Taylor Reveley,111, 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 Stephen B. Latham, Esq.
Twomey, Latham & Shea Mr. L. F. Britt 33 West Second Street Long Island Lighting Company Riverhead, New York 11901 Shoreham Nuclear Power Station North Country Road Docketing and Service Section Wading River, New York 11792 Office of the Secretary U.S Nuclear Regulatory Commission Ms. Nora Bredes 1717 H. Street, N.W.
Executive Director Washington, D.C. 20555 Shoreham Opponents Coalition 195 East Main Street Hon. Peter Cohalan Smithtown, New York 11787 Suffolk County Executive H. Lee Dennison Building Veterans Memorial Highway Mary M. Gundrum, Esq.
Hauppauge, New York 11788 New York State Department of Law 120 Broadway,3rd Floor Dr. Monroe Schneider Room 3-116 North Shore Committee New York, New York 10271 P.O. Box 231 Wading River, New York 11792 MHB Technical Associates 1723 Ha,ailton Avenue Lawrence Coe Lanpher, Esq.*
Suite K Kirkpatrick & Lockhart San Jose, California 95125 1900 M. Street, N.W.
Suite 800 Martin Bradley Ashare, Esq.
Washington, D.C. 20036 Suffolk County Attorney Building 158 North County Complex Bernard M. Bordenick, Esq.*
Veterans Memorial Highway U.S. Nuclear Regulatory Commission Hauppauge, New York 11788 Washington, D.C. 20555 Mr. Jay Dunkleburger New York State Energy Office Agency Building #2 Empire State Plaza Albany, New York 12223 l
David A. Brownlee, Esq.
Mr. Stuart Diamond Kirkpatrick & Lockhart Business / Financial 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 W. 43rd Street New York, New York 10036
- 1) hic bV Richard J. Zahryleuty,f toEsq.
Deputy Specialgotfnde the Governor Executive Chamber l
Capitol, Room 229 Albany, New York 12224 By telecopy.
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