ML20213G007
| ML20213G007 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/11/1987 |
| From: | Latham S, Mcmurray C, Zahnleuter R KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY, TWOMEY, LATHAM & SHEA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#287-3430 OL-3, NUDOCS 8705180081 | |
| Download: ML20213G007 (7) | |
Text
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Ebf3 00CKETED USNHC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 17 MY 14 P2:05 Before the Atomic Safety and Licensino Board _
[0CK b i > 5L*-
i-BPME4
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Dacket No. 50-322-OL-3
)
(Emergency Planning) 9 (Shoreham Nuclear Power
)
Station, Unit 1)
)
)
RESPONSE OF SUFFOLK COUNTY, THE STATE OF NEW YORK AND THE TOWN OF SOUTHAMPTON TO LILCO'S REQUEST TO FILE A REPLY BRIEF In LILCO's Second Renewed Motion for Summary Disposition of the Legal Authority Issues (Contentions EP l-10) (the "M.
.on"),
LILCO requests the Board for leave to file a reply to the Answerl/ of Suffolk County, the State of New York and the Town of Southampton (the " Governments").
The basis for LILCO's request is its argument that LILCO cannot foresee how the Governments could defeat its Motion and that a reply is necessary to address "whatever novel theory the Intervenors create."
Motion at 31.
While acknowledging that 10 C.F.R. S 2.749(a) expressly forbids replies to answers for motions for summary disposition, LILCO argues that this Board may grant LILCO's request pursuant to its general powers under 10 C.F.R. S 2.718(e).
1/
Answer of Suffolk County, the State of New York and the Town of Southampton to "LILCO's Second Renewed Motion for Summary Disposition of the " Legal Authority" Issues (Contentions EPl through 10)" (May 11, 1987).
8705180081 870511 gDR ADDCK 05000322' PDR 0
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While it is not at all clear that this Board has the authority to grant LILCO's request,2/ the Governments do not argue that point here.
Indeed, in a filing submitted on April 7, 1987,l/ the Governments requested, among other things, an extension of time in which to file an answer to the LILCO Motion and stated that if the extensicn were granted, the Governments would have no objection to LILCO being granted an opportunity to reply.
Governments' April 7 Motion at 11, fn. 6.
The Governments did not concede, however, that LILCO could file a reply without meeting the applicable standards for such a reply.
Assuming that leave to file a reply may be granted by this Board pursuant to its general authority under Section 2.718(e),
and assuming further that the " compelling need" standard established by the Board in its April 22, 1987 Memorandum and Order is the appropriate standard governing LILCO's request, it is apparent that that standard has not yet been met by LILCO.
The LILCO request, having been filed well before the Governments i
filed their Answer, is necessarily based on nothing more than i
2/
Egg Suffolk County, State of New York and Town of Southampton Opposition to NRC Staff Motion for Leave to Reply to Intervenors' Response to LILCO's Renewed Motion for Summary Disposition of " Legal Authority" Issues (April 16, 1987).
l l
1/
Suffolk County, State of New York, and Town of Southampton l
Motion for Conference of Counsel and for Licensing Board l
Clarification of Procedures or, in the Alternative, for Additional Time to Respond to LILCO's Summary Disposition Motion (April 7, 1987) (the " Governments' April 7 Motion").
speculation as to whether LILCO could have met the Governments' arguments in its initial filing.
Such vague, before-the-fact speculation cannot support a finding of " compelling need."
Accordingly, the Governments submit that the proper way for LILCO to proceed, now that the Governments have submitted their Answer, is to file a motion for leave to reply to the Governments' Answer, and explain why LILCO meets the Board's
" compelling need" standard.
The Board may then rule based upon LILCO's showing of " compelling need."
Absent such a showing, however, this Board has no authority to grant the relief LILCO requests.
Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 v
Lawrence C.
Lanpher Karla J.
Letsche l
Christopher M. McMurray KIRKPATRICK & LOCKHART l
1800 "M" Street, N. W.
South Lobby - Ninth Floor Washington, D.
C.
20036-5891 Attorneys for Suffolk County o.
/
A Fabian G.
Palo no Richard J.
Zahnleuter Special Counsel to the Governor of the State of New York Executive Chamber, Room 229 Capitol Building Albany, New York 12224 Attorneys for Governor Mario M.
Cuomo and the State of New York
/
/
-n m
Stephen B..
f $
Latham Twomey, Latham and Shea Post Office Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of Southampton May 11, 1987
't..
00LKETED USNPC May 11, 1987 17 MMf 14 P2:05 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE e E.: tIAr-Before the Atomic Safety andLicensinoidENNchI'VICI'
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
4 CERTIFICATE OF SERVICE I hereby certify that copies of the RESPONSE OF SUFFOLK COUNTY, THE STATE-OF NEW YORK AND THE TOWN OF SOUTHAMPTON TO LILCO'S REQUEST TO FILE A REPLY BRIEF have been served on the following this lith day of May, 1987 by United States mail, first class, except as otherwise noted.
Morton B. Margulies, Esq., Chairman Joel Blau, Esq.
Atomic Safety and Licensing Board Director, Utility Intervention U.S.
Nuclear Regulatory Commission N.Y.
Consumer Protection Board Washington, D.C.
20555 Suite Number 1020 Albany, New York 12210 t
Dr. Jerry R.
Kline William R. Cumming, Esq.
e Atomic Safety and Licensing Board Spence W. Perry, Esq.
U.S. Nuclear Regulatory Commission Office of General Counsel Washington, D.C.
20555 Federal Emergency Management Agency 500 "C"
- Street, S.W.
Room Number 840 Washington, D.C.
20472
~
d 4
Mr. Frederick J. Shon Anthony F. Earley, Jr., Esq.
Atomic Safety and Licensing Board General Counsel U.S.
Nuclear Regulatory Commission Long Island Lighting Company
+
Washington, D.C.
20555 175 East Old Country Road i
Hicksville, New York 11801 Ms. Elisabeth Talbbi W. Taylor Reveley, III, Esq.*
Clerk Hunton and Williams Suffolk County Legislature Post Office Box 1535 i
Suffolk County Legislature 707 East Main Street Office Building Richmond, Virginia 2::212 Veterans Memorial Highway Hauppauge, New York 11788 Mr.
L.
F.
Britt.
Stephen B. Latham, Esq.
Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power Station 33 West Second Street North Country Road Riverhead, New York 11901 Wading River, New York 11792 Ms. Nora Bredes Docketing and Service Section Executive Director Office of the Secretary Shoreham Opponents Coalition U.S. Nuclear Regulatory Comm.
195 East Main Street-1717 "H" Street, N. W.
Smithtown, New York 11787 Washington, D.C.
20555 Mary M. Gundrum, Esq.
Hon. Michael A. LoGrande New York State Department of Law Suffolk County Executive l
120-Broadway, Third Floor H. Lee Dennison Building j
Room Number 3-116 Veterans Memorial Highway i
New York, New York 10271 Hauppauge, New York 11788 l
MHB Technical Associates Dr. Monroe Schneider i
1723 Hamilton Avenue North Shore Committee i
Suite "K"
Post Office Box 231 l
San Jose, California 95125 Wading River, New York 11792 l
Martin Bradley Ashare, Esq.
Fabian G. Palomino, Esq.
Suffolk County Attorney Richard J. Zahnleuter, Esq.
Bldg. 158, North County Complex Special Counsel to the l
Veterans Memorial Highway Governor of the State i-Hauppauge, New York 11788 of New York Executive Chamber, Room 229 Capitol Building
{
Albany, New York 12224 Mr. Jay Dunkleburger Richard G.
Bachmann, Esq.
New York State Energy Office U.S. Nuclear Regulatory Comm.
Agency Building Two Washington, D.
C.
20555 Empire State Plaza Albany, New York 12223.--
e David A..Brownlee, Esq.
Mr. Stuart Diamond Kirkpatrick and Lockhart Business / Financial 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 West 43rd Street New York, New York 10036 Douglas J. Hynes, Councilman Town Board of Oyster Bay Town Hall Oyster Bay, New Ycerk 11771 u
CtiristopYer M. McKurraf KIRKPATRICK & LOCKHART 1800 "M" Street, N. W.
South Lobby - Ninth-Floor Washington, D. C.
20036-5891
- Via Federal Express May 11, 1987 l
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