ML20212F865

Memorandum & Order Ruling on Intervenors Request for Continuance.* Denies Intervenors Motion to Postpone Hearing,Scheduled for 870310,due to Illness of FEMA Witness. Served on 870304

ML20212F865
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/03/1987
From:	Frye J Atomic Safety and Licensing Board Panel
To:
References
CON-#187-2680 86-533-01-OL, 86-533-1-OL, OL-5, NUDOCS 8703050193
Download: ML20212F865 (2)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COP 9tISSION ATOMIC SAFETY AND .f.ICENSING BOARD Before Administrative Judges  ;^g John H Frye, III, Chairman Dr. Oscar H. Paris Mr. Frederick J. Shon SERVED MAR 041987 i

In the Matter of -

Docket No. 50-322-OL-5 (EP Exercise)

LONG ISLAND LIGHTING COMPANY (ASLBPNo. 86-533-01-OL)

(ShorehamNuclearPowerStation,

, Unit 1) March 3, 1987 MEMORANDUM AND ORDER Ruling on Intervenors' Request for a Continuance)

In a letter of February 26, FEMA advised us that, because of the illness of one of its witnesses, it would be unable to file its testimony by February 27. FEMA indicat.ed that it expected to file on March 20. FEMA's advice has prompted the intervenors to request that the hearing, scheduled to begin March 10, be postponed until March 24, Intervenors support their request by asserting that it is necessary to have FEMA's testimony in hand if they are to effectively present their case.

Staff opposes this motion. It sees no prejudice to proceeding without the FEMA testimony, pointing out that its absence will not compromise Intervenors' ability to present their case. LILCO, pointing to the discovery which Intervenors have conducted against FEMA and the 8703050193 DR 870303 ~

ADOCK 05000322 yo u

fact that the hearing begins with an examination of LILCO's witnesses, also sees no need to delay the hearing. Both LILCO and Staff point out that if Intervenors are surprised by the FEMA testimony, well recognized remedies are available to them., The Board agrees; Intervenors' motion is denied.

It is so ORDERED.

FOR.THE ATOMIC SAFETY AND LICENSING BOARD Lb Jofi H Tryf M I, Chairman ADMI IST TLVE JUDGE Bethesda, Maryland e

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fact that the hearing begins with an examination'of LILC0's witnesses, also sees no need to delay the hearing. Both LILC0 and Staff point out that if Intervenors are surprised by the FEMA testimony, well recognized remedies are available to them. The Board agrees; Intervenors' motion is denied.

It is so ORDERED.

FOR.THE ATOMIC SAFETY AND LICENSING BOARD Lb Joh H Tryf M I, Chairman ADMI IST TLVE JUDGE -

Bethesda, Maryland l

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