ML20212E874
| ML20212E874 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 12/31/1986 |
| From: | Cumming W Federal Emergency Management Agency |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP), Atomic Safety and Licensing Board Panel, NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#187-2074 OL-5, NUDOCS 8701050505 | |
| Download: ML20212E874 (5) | |
Text
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S-2I$.'rEE$ r$e..loMd.2.-g-s Federal Emergency Management Aggtgy USNRC 1
Washington,1).C. 20472
'87 JAN -2 PS :14 December 31,198{fyigg, M Ai.
TO ATOMIC SAFETY AND APPEAL BOARD SERVICE LIST:
Enclosed is correctEJ page 3 of the FEMA appeal brief in the Matter of Long Island Lighting Company (Shoreham Nuclear Power Station, Unit 1), Docket No. 50-322-OL-5 (EP Exercise).
Respectfully submitted, 4? :f William R. Cumming Counsel for FEMA 8701050505 861231 PDR ADOCK 05000322 PDR g
CORRECTED COPY PAGE 3
' BACKGROUND In its October 3, 1986, Prehearing Conference Order (Ruling on Contentions and Establishing Olscovery Schedule) as modified by its December 11, 1986 Memorandum and Order (Ruling on FEMA's Motion for Reconsideration of and Intervenors' Objections to October 3, 1986 Prehearing Conference Order) the Board, when it admitted and discussed Contentions EX 15 and 16, made the 2
sufficiency of the scope of the February 13, 1986 offsite emergency planning exercise for the Shoreham plant a substantive issue in tne proceeding directed by the Commission in CLI-86-il, supra.
(See Appendix A for the text of the j
contentions as proposed by intervenors.)
As stated by LILCO in a December 18, 1986, Supplement to Its November 24, 1986 Motion to Compel Discovery of New York State.
The Board has admitted for consideration the question whether the February 13 exercise - whatever those who developed it intended it to constitute - satisfies the Commission's requirements, which LILCO understands to mean the ' full participation' language of paragraph IV.F.1. ( and its footnote 4) of Appendix E to 10 CFR 4
Part 50. While acknowledging LILCO't argument that the intended scope of litigation of emergency plann'ng 2
exercises focuses on their results, the Board stated that in its view the distinction between results and e
scope 'does not hold up when viewed in light of the regulatory scheme governing emergency planning.'
Memorandum and Order Ruling on FEMA's Motion for Reconsideration...
(December 11, 1986) at 11.
That ruling is presently operative guidance for this proceeding.
Before the OL-5 proceeding. FEMA had never contested or opposed the admission of contentions before Licensing Boards based on FEMA's belief that I
NRC was in fact the arbiter of its own regulatory process.
Just as the Bcard properly found in its December lith Order that FEMA cannot speak to the issue of what is a " full participation" exercise under NRC regulations, FEMA also cannot address the admissibility of contentions, or the standards for such *
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DOCKETED vi'iPC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'87 JAN -2 P5 :14 BEFORE THE ATOMIC SAFETY AND LICENSING APPEALeBOARD
- p.,
50'OKEI N 5 I" / Cf
~
ERANC" In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-5
)
(EP E.sercise)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " CORRECT PAGE 3 0F FEMA PETITON FOR LEAVE TO APPEAL, APPEAL MEMORANDUM, REQUEST FOR EXPEDITED CONSIDERATION OF APPEAL OF DECEMBER 11, 1986 ORDER (ALSB NO. 86-01-OL) AND REQUEST FOR STAY OF THAT ORDER WITH RESPECT TO DISCOVERY CONCERNING CONTENTIONS EX 15 AND 16" in the above-captioned proceeding have been served on the following by deposit in the United States mall, first class this 31st day of December, 1986:
John H. Frye, III, Chairman Fabian G. Palomino, Esq.
Administrative Judge Richard J. Zahnleuter, Esq.
Atomic Safety & Licensing Board Special Counsel to the Governor U.S. Nuclear Regulatory Commission Executive Chamber Washington, D.C.
20555 State Capitol Albany, NY 12224 Oscar H. Paris W. Taylor Reveley III, Esq.
Administrative Judge Hunton & Williams Atomic Safety and Licensing Board 707 East Main Street U.S. Nuclear Regulatory Commission P.O. Box 1535 Washington, D.C.
20555 Richmond, VA 23212 Frederick J. Shon Jonathan D. Feinberg, Esq.
Administrative Judge New York State Department of Atomic Safety and Licensing Board Public Service U.S. Nuclear Regulatory Commission Three Empire State Plaza Washington 0.C.
20555 Albany, NY 12223
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Stephen B. Latham. Esq.
John F. Shea, III. Esq.
Herbert H.. Brown, Esq.**
Twomey, Latham & Shea Lawrence Coe Lanpher, Esq.
Attorneys at Law Karla J. Letsche, Esq.
P.O. Box 398 Kirkpatrick & Lockhart 1
33 West Second Street 1800 M Street. N.W.
l Riverhead, NY 11901 9th Floor Washington,.D.C.
20036-5891 j
Atomic Safety and Licensing Board Panel Joel Blun, Esq.
U.S. Nuclear Regulatory Commission Director, Utility Intervention Washington, D.C.
20555 NY State Consumer Protection Board Suite 1020 Atomic Safety and Licensing 99 Washington Avenue Appeal Board Panel Albany, NY 12210 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Monroe Schneider North Shore Committee P.O. Box 231 Docketing and Service Section Wading River, NY 11792 Office of the Secretary U.S. Nuclear Regulatory Commission Philip H. McIntire l
Washington, D.C.
20555 Federal Emergency Management Agency 26 Federal Plaza Spence Perry, Esq.**
New York, New York 10278 General Counsel, Rm. 840 Federal Emergency Management Agency 500 C Street, S.W.
Washington, D.C.
20472 Robert Abrams, Esq.
Attorney General of the State Gerald C. Crotty, Esq.
of New York Ben Wiles, Esq.
Attn:
Peter Bienstock, Esq.
Counsel to the Governor Department of Law Executive Chamber State of New York State Capitol.
Two World Trade Center Albany, NY 12224 Room 46-14 New York, NY 10047
'i l
Anthony F. Earley, Jr., Esq.
MHB Technical Associates General Counsel 1723 Hamilton Avenue Long Island Lighting Company Suite K 250 Old County Road San Jose, CA 95125 Mineola, NY 11501 Hon. Peter Cohalan Martin Bradley Ashare, Esq.
i Suffolk County E<ecutive suffolk County Attorney l
County Executive / Legislative Bldg.
H. Lee Dennison Building i
Veteran's Memorial Highway Veteran's Memorial Highway l
Hauppauge, NY 11788 Hauppauje, NY 11788 t
4 i
. Mr. Jay Dunkleberger
' Ms. Nora Bredes New York State Energy Office Shoreham Opponents Coalition Agency Building 2.
195 East Main Street Empire State Plaza Smithtown, NY 11787 Albany, New York 12223 Ellen Blackler Mr. Robert Hoffmnan
. New York State Assembly Ms. Susan Rosenfeld 3
Energy Committee' Ms. Sharlene Sherwin 626 Legislative Office Building P.O. Box 1355 Albany, NY 12248 Massapequa, NY-11758
[
Brookhaven Town Attorney Bernard M. Bordenick, Esq.
475 E. Main Street U.S. Nuclear Regulatory Agencyg Patchogue, NY 11772 7735 Old Georgetown Road Bethesda, MD 20814 i
Samuel J. Chilk Office of General Counsel Secretary.
U.S. Nuclear Regulatory I
U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555
/ h4 2: T -
William R. Cumming Federal Emergency Management Agency i
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