ML20213F467
| ML20213F467 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 11/10/1986 |
| From: | Latham S, Letsche K, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY, TWOMEY, LATHAM & SHEA |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20213F468 | List: |
| References | |
| CON-#486-1460 OL-3, NUDOCS 8611140219 | |
| Download: ML20213F467 (5) | |
Text
F l
6
}Y60 i
00LMETEP November 10,'F1916 UNITED STATES OF AMERICA
'86 NOV 12 A9:14 NUCLEAR REGULATORY COMMISSION Before the Commission
[0 IU U
,m EP.E 9
\\
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON MOTION TO REOPEN RECORD I.
Introduction On October 15, 1986, Suffolk County, the State of New York, and the Town of Southampton (" Governments") moved the Shoreham Licensing Board to reopen the evidentiary record in this pro-ceeding for the purpose of considering new evidence relating to three offsite emergency planning issues.
The issues were as follows:
1.
The withdrawal of WALK Radio as the primary emergency broadcast system ("EBS") station, responsible for activating tone alert radios and broadcasting all EBS messages under the LILCO Plan; B611140219 861110 PDR ADOCK 05000322 gS63 o
I P 2.
The lack of any agreement from the American Red Cross to LILCO indicating either the ability or willingness to provide emergency services or assistance in the event of a Shoreham emergency, as assumed and required under the LILCO Plan; and 3.
The lack of congregate care center facilities for use in a Shoreham emergency under LILCO's Plan, now acknowledged by the Nassau County Chapter of the American Red Cross, and the Red Cross'. inability and refusal to agree, identify, designate, open, or operate such centers in a Shoreham emergency.
A copy of the Governments' Motion is Attachment 1 hereto.
On October 27 and 30, 1986, LILCO and the NRC Staff, respec-tively, filed responses to the Governments' Motion.
Copies of these responses are Attachments 2 and 3 hereto.
LILCO and the Staff both asserted that the Licensing Board lacked jurisdiction over the Motion and that only the Commission had jurisdiction over the issues which had been raised.
Assuming arauendo that the Licensing Board had jurisdiction, LILCO opposed the reopening, although on issue 1 ( WAL'
'adio) LILCO agreed that i
1
?
3-reopening would sometime be appropriate, but was at this time premature.
The NRC Staff believed the Motion should be granted on the merits.
In its response LILCO assumed the Commission would deal with the Motion.
Sgg Attachment 2 at 2.
The Staff suggested that the Licensing Board refer the Motion to the Commission.
at 10.
On November 5, 1986, the Licensing Board ruled that it lacked jurisdiction over the Governments' Motion and that the Commission was the appropriate forum for the Motion.
Egg.
Rather than refer the Motion to the Commission, the Board dismissed the Motion, stating that "Intervenors have the option of refiling in the appropriate forum."
at 5.
The Governments received the Licensing Board's ruling on Friday, November 7, 1986.
II.
Motion The Governments hereby refile the Motion with the Commission and thus move the Commission to reopen the record on the three issues set forth above.1 The Governments respectfully request 1
The Governments do not agree that the Licensing Board lacks jurisdiction to rule on the Motion.
However, rather than engage in a procedural dispute which could result in delays, the Govern-ments instead will simply file the reopening Motion with the Commission.
The Governments would not be opposed, however, to the Commission's requesting the Licensing Board to rule on the
e
. tha Commission to accept Attachments 1, 2, and 3 hereto as the Governments' Motion and the LILCO and NRC Staff responses there-to.
No good purpose would be served in having the Governments, LILCO, and the Staff retype the various pleadings.
Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788
(_
rJ Herhbrt H. Brp4n Lawrence Coe Lanpher Karla J. Letsche Michael S. Miller Kirkpatrick & Lockhart 1900 M Street, N.W.
Washington, D.C.
20036 Attorneys for Suffolk County f
~.
/
Fabian G.
Pal ~omino Richard J.
Zahnleuter Special Counsel to the Governor of New York State Executive Chamber Two World Trade Center New York, New York 10047 Attorney for Governor Mario M.
Cuomo and the State of New York Motion.
.g.
4 '
^
4tep g B. Latham i
Twomfy, Latham & Shea P.O. Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of Southampton
_ - _ _ _ - - _ _. _ _ _ - _ _ - - _