ML20212E781
| ML20212E781 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 12/31/1986 |
| From: | Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#187-2084 OL-5, NUDOCS 8701050448 | |
| Download: ML20212E781 (5) | |
Text
e 2dk LILCO, December 31,1986 COLKETED UNITED STATES OF AMERICA UNC NUCLEAR REGULATORY COMMISSION
'87 JAN -2 P5 :29 Before the Atomic Safety and Licensinst BoardFlE GCCrif ru In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-5
) (EP Exercise)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
LILCO'S OPPOSITION TO REQUEST FOR EXTENSION LILCO opposes Suffolk County's request, received late ycsterday af ternoon, for an extension of time to respond to LILCO's December 23 motion, because it fails to show good cause for granting a four-day extension of the response deadline under the 1
rules, from January 2 (barring any Board action in the meantime ) to January 6 and be-cause LILCO will be prejudiced by delay in the Board's dealing with the issues raised by its motion.
The request's sole apparent basis is that Suffolk County's lawyers, having filed a raf t of papers on December 22, departed two days early and without notice for the holl-days, and now wish to be excused for their absence. Its implicit suggestion that LILCO owed advance notice of filing of a motion during normal business hours on a business day finds no basis either in the Commission's rules or in this proceeding's practice.2/
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LILCO's motion requested the Board to convene a conference of counsel as soon l
as possible in order to maximize the chances of salvaging a functional equivalent of the schedule previously set by it. Suffolk County's current request for an extension merely would delay the Board's ability to treat outstanding issues and thus dramatizes the basic point of LILCO's motion.
2/
The proximity of Christmas has not deterred Suffolk County from acting when l
its interest were suited thereby. For instance, last December 24 - Christmas Eve, 1985 - Suffolk County's lawyers (the same ones who this year had departed for the holl-(footnote continued) l 8701050448 861231 PDR ADOOK 05000322 i
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i Whether Suffolk County's motion represents a dilatory tactic or merely a casual approach to this proceeding does not much matter. It offers no excuse why none of the eight or more lawyers working on this case from a 70-lawyer office cannot respond by Friday of this week. rertainly the matters referred to in LILCO's motion must be al-ready intimately familiar to Suffolk County's lawyers. No excuse is offered either for New York State, which also received LILCO's pleading on the 23rd.
Finally, Suffolk County's suggestion, in a pleading written and filed solely by it, that its effective response deadline is really Monday, January 5 anyway rather than January 2, merely exposes the hypocritical shell game being played with the concept of the autonomy of the various governmentalintervenors. The Town of Southampton has not filed a single independent piece of testimony in this entire five year case. It has not filed an independent pleading (as distinguished from an endorsement or consent) for well over a year. Electronic service is impossible on the Town only because its counsel does not possess a telecopier and Suffolk County cour:sel, who in any event file all of the pleadings sponsored in the Town's name, refuse to act as agents for service on the Town.
j Suffolk County's argument is, in essence, that it can, in fact or spirit, ghostwrite a pleading for the Town that will not be due in any event until the 5th, and that there-fore there is no point in holding the County to the rules. The answer to that is that if the Town can and wishes to take advantage of its peculiar isolation, it can file a re-j sponse under the rules by January 5; but that that is no reason for Suffolk County (or New York State) to be excused from their obligations.
i (footnote continued) days on December 23) filed a 22 page motion by hand with the Commission to cancel the February 13 Exercise, then still in the planning stages. Two days later - the day af ter Christmas - these same lawyers filed a 26 page letter, again by hand, with FEMA concerning the exercise. During the same holiday season the Suffolk County legislature was in the process of enacting a local law, later declared unconstitutional, which would have turned LILCO personnel into criminals for participating in the February 13 Exer-j cise.
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LILCO believes that the better course would be for the Board (1) to require Suffolk County and New York State to solicit the views of the Town and require allin-tervenors to file by the close of business this week, and in the meantime (2) to schedule a conference of counsel for early next week.
The matters of which LILCO complains are real, their effects grow with each passing day, and the likelihood that this proceeding can progress on a schedule equiva-lent to that initially proposed by the Board decreases correspondingly daily, to LILCO's prejudice. Suffolk County's request, which would delay the Board's opportunity for dealing with these matters by the better part of a week, would add materially to that prejudice. The request should be denied.
I Respectfully submitted, AJ1M D6nald P. Irwin Counsel for Long Island Lighting Company Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: December 31,1986
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LILCO, December 31,1986 DettEni t inh CERTIFICATE OF SERVICE 87 JAN -2 PS :29 In the Matter of GFFtt; s E0Chif4~ j ' C LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-5 I hereby certify that copies of LILCO'S OPPOSITION TO REQUEST FOR EXTEN-SION were served this date upon the following by Federa1 Express as indicated by an as-terisk (*), telecopy as indicated by two asteilsks (**), 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. **
I Bethesda, MD 20814 Oreste Russ Pirfo, Esq.
3 Edwin J. Reis, Esq.
Dr. Oscar H. Paris **
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing 7735 Old Georgetown Road Board (to mailroom) i 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 South Lobby - 9th Floor Board 1800 M Street, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C. 20036-5891 East-West Towers, Rm. 430 l
4350 East-West Hwy.
Fabian G. Palomino, Esq. **
l Bethesda, MD 20814 Richard J. Zahnleuter, Esq.
Special Counsel to the Governor Secretary of the Commission Executive Chamber i
Attention Docketing and Service Room 229 Section State Capitol U.S. Nuclear Regulatory Commission Albany, New York 12224 1717 H Street, N.W.
l Washington, D.C. 20555 Mary Gundrum, Esq.
I Assistant Attorney General Atomic Safety and Licensing 120 Broadway i
Appeal Board Panel Third Floor, Room 3-116 l
U.S. Nuclear Regulatory Commission New York, New York 10271 Washington, D.C. 20555 l
r 1
I 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. Le 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 Donald P. Irwin Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: December 31,1986
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