ML20212C985
| ML20212C985 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 12/22/1986 |
| 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-#486-2046 OL-5, NUDOCS 8612310249 | |
| Download: ML20212C985 (5) | |
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'y DOLKETEC December 22, 19fpC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION CFFIE :
t' Before the Atomic Safety and Licensino BoardDOCKL!n,.1,~
N J.!
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)
In the Matter of
)
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-5
)
(EP Exercise)
(Shoreham Nuclear Power. Station,
)
Unit 1)
)
)
SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON RESPONSE TO FEMA MOTION TO BIFURCATE PROCEEDING AND REQUEST EARLY CONSIDERATION OF CONTENTION EX 19 FEMA filed a " Motion to Bifurcate Proceeding and Request Early Consideration of Contention EX 19" on December 17, 1986.
This constitutes the response of Suffolk County, the State of New York, and the Town of Southampton ("Goverments") to that motion.
It is not entirely clear from the FEMA motion the precise l
basis or rationale for FEMA's request that there be separate and early consideration and decision concerning Contentions Ex 15, 16, and 19 in this Exercise proceeding.
It appears, however, j
that what FEMA seeks by its motion is, first, an evidentiary trial concerning just Contentions Ex 15 and 16, the briefing of those contentions and Contention Ex 19, followed by a partial initial decision concerning those contentions.
Then, it appears that FEMA suggests as a second step, that should the results of 8612310249 861222 PDR ADOCK 05000322 G
U' 0.
that decision be against LILCO, this licensing proceeding would end; conversely, should the decision favor LILCO, the proceeding could continue with litigation on the remainder of the admitted Exercise contentions.
The Governments have no objection to proceeding to hearing, briefing and a Board decision concerning Contentions Ex 15, 16, and 19, followed by (a) termination of this proceeding if the Governments' positions are upheld; or (b) hearing, briefing and decision on the remaining Exercise contentions should the outcome of the decision on Contentions Ex 15, 16, and 19 be in LILCO's favor.
Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 U
&Aw Herbert IWBrowrf Karla J. Letsche KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 Attorneys for Suffolk County
t k DAN /
/EM 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. Cucmo, Governor of the State of New York 4.ne/ b M St6 phen B.
Latham
/ ~ / \\
Twomey, Latham & Shea P.O.
Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of Southampton Dated:
December 22, 1986 l
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December 22, 19hd
'86 DEC 30 Pl2:20 UNITED STATES OF AMERICA
. NUCLEAR REGULATORY COMMISSION 6FF K :. uf ' ;.. ~ ie f i'WN j
Before the Atomic Safety and Licensina Board 00CKligij t
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In the Matter of
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LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-5
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(EP Exercise)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
i CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY, STATE OF NEW
' YORK, AND TOWN OF SOUTHAMPTON RESPONSE TO FEMA MOTION TO BIFURCATE PROCEEDING AND REQUEST EARLY CONSIDERATION OF CONTENTION EX 19 and RESPONSE OF SUFFOLK COUNTY, THE STATE OF NEW YORK, AND THE TOWN OF SOUTHAMPTON TO LILCO'S FIRST REQUEST FOR ADMISSIONS AND THIRD SET OF INTERROGATORIES have been served on the following this 22nd day of December, 1986 by U.S. mail, first class, except as otherwise noted.
l John H. Frye, III, Chairman Dr. Oscar H.
Paris 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 Mr. Frederick J.
Shon Spence W. Perry, Esq.
Atomic Safety and Licensing Board William R. Cumming, Esq.
3 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
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Anthony F. Earley, Jr., Esq.
Bernard M. Bordenick, Esq.
General Counsel U.S. Nuclear Regulatory Commission 1
Long Island Lighting Company Washington, D.C.
20555 l
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, Esq.
Mr. Philip McIntire Kirkpatrick & Lockhart Federal Emergency Management 1500 Oliver Building Agency Pittsburgh, Pennsylvania 15222 26 Federal Plaza New York, New York 10278 l
By Federal Express Michael S. Miller KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 l
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