ML20212R644

Ack Receipt of FEMA & Discusses Schedules for OL-3 & OL-5 Boards.Fema Request to Conserve Limited Resources Supported.Joint Conference Should Be Held in Bethesda on 870210

ML20212R644
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	01/27/1987
From:	Bordenick B NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Frye J, Kline J, Margulies M, Oscar H, Shon F Atomic Safety and Licensing Board Panel
References
CON-#187-2375 OL-3, OL-5, NUDOCS 8702030021
Download: ML20212R644 (2)

Text

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

' d c uruq'o,,

~

UNITED STATES

! o NUCLEAR REGULATORY COMMISSION y E , WASHINoToN, D. C. 20655 12 i'

\...../ January 27, 1987

'87 JAN 28 A 9 :11 Morton B. Margulies, Chairman John H. Frye III, ChairN#: . er Administrative Judge Administrative Judge W ...-

Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Dr. Jerry R. Kline Dr. Oscar H. Paris Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Frederick J. Shon Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 In the Matter of LONG ISLAND LIGIITING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322-OL-3 (Emergency Planning)

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

Dear Administrative Judges:

The NRC Staff is in receipt of a letter dated January 13,1986 (sic) from William R. Cumming, Counsel for FEMA, which is addressed to Judges Frye, Paris and Shon in the OL-5 (EP Exercise) proceeding. In part, Mr. Cumming states:

FEffA believes that Contentions EX 22, 38 Q, 39 D, 40 B, 40 E, 41 E, 47, 49 C, and 50 I, involve potential overlap with the OL-3 proceeding. FEMA is willing to testify once, but due to resource constraints will have difficulty supporting both proceedings. Accordingly, FEMA requests that the OL-5 and OL-3 Boards work out some protocol concerning these contentions. Perhaps, both Boards could sit together on these issues.

Discovery is underway in the OL-5 proceeding and will end on February 6, 1987. Testimony is due to be filed on February 27, 1987 Evidentiary hearings are scheduled to commence on March 9, 1987.

Discovery in the OL-3 proceeding on reopened Contention 24.0 commenced ,

on January 14, 1987 and is scheduled to conclude on Pfarch 6, 1987. l Testimony is due to be filed in that proceeding between the period of March 23,1987 and April 13, 1987. Evidentiary hearings are scheduled to commence on May 4,1987.

8702030021 870127 PDR G

ADOCK 05000322 PDR

)s(>I

~. . _ _ _ _ _ _ _ _ _ _ _ _

W M

The Staff is aware of FEMA's " resource constraints" and, thus, supports FEMA requests such as the instant one to conserve FEMA's limited resources. As can be noted by the schedules outlined above, there are many overlapping events before the two Boards which may severely tax FEMA's limited resources. Accordingly, the Staff suggests that the OL-3 and OL-5 Licensing Boards consider holding a joint conference of counsel to determine among other matters whether the' "EX" contentions set out above by FEMA or any other OL-5 or OL-3 contentions can be heard jointly by both Boards. The two Licensing Board's should also hear discussion from the parties on whether a reconsolidation of the two Boards would be fruitful. Perhaps such a joint conference could be held before or after the presently scheduled OL-5 conference of counsel in Bethesda on February 10, 1987.

Conservation of FEMA's resources before the two Boards should also serve in the long run to conserve the resources of both Boards and the parties to this proceeding. It should also serve to expedite the OL-5 proceeding as ordered by ti.e Commission.

Sincerely,

[ k N* "=-

Bernard M. Bordenick /

Counsel for NRC Staff cc: Service List u___________