ML20214B015
| ML20214B015 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/13/1987 |
| From: | Christman J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Kline J, Margulies M, Shon F Atomic Safety and Licensing Board Panel |
| References | |
| CON-#287-3471 OL-3, NUDOCS 8705200052 | |
| Download: ML20214B015 (2) | |
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MaY 13, 1987
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BY FEDERAL EXPRESS Morton B. Margulios, Chairman Dr. Jerry R.
Kline Mr. Frederick J. Shon Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission East-West Tower, Rm. 430 4350 Eaat-West Highway Bethesda, MD 20814 i
Limited Appearances on Reception Centers t
Gentlemen:
This responds to a lotter from Suffolk County counsel dated May 5, 1987, which supports the April 9 request of Mr. Maurice F
Barbash for limited appearancos on the three LILCO reception cen-tors.
r LILCO opposos tho holding of additional limited appearancos.
l LILCO's reasons are as follows.
J First, the limited nature of this hoaring does not call for limited appearancos.
Rocoption contor issues are only a small i
part of this proceeding.
They are being heard on romand after a L
longthy proceeding.
Undor those circumstances, there is no good reason to hold a separate set of limited appearances.
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Second, the precedent in this caso suggests that limited ap-2 pearances should not bo hold.
When the Nassau Veterans Momorial
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Coliseum was the designated reception center, a coquest for lim-I itod appearances was made.
The Board denied this coquest (al-l though ultimately it allowed cortain written statomonts to be t
i bound into the transcript).
See hearing transcript of June 25, 1985, Tr. 15,847, 15,852, 15,955-56.
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8 Huwrow & WILLIAus Morton B. Margulies, Chairman Dr. Jerry R. Kline Mr. Frederick J. Shon May 13, 1987 Page 2 Third, extensive limited appearances have recently been heard.
Last fall, on September 23, 25, and 26, the Board heard limited appearances in the Exorcise litigation.
These consumed three days, took place in three different locations, and included statements by over 200 people.
As is customary with these events, the speakers addressed any aspect of Shoreham, or of nu-clear power generally, that they wished, including the three re-ception centors (soo transcipt of September 23, 1986, at Tr.
16,222, 16,259).
Indeed, Mr. Barbash himself made an appearanco.
See transcript of September 26, 1986, Tr. 17,010-15.
Mr. Barbash did not, it is true, address reception centers, except in passing (Tr. 17,013).
But neither did he address the exercise that was the reason for holding the limited appearances.
Fourth, limited appearances at this point offer a real po-tontial for delay.
Prosumably the Intervonors wish the limited appearances to be hold in advance of the reception contors hear-ing.
This would dolay the beginning of the hearing, which in turn would present LILCO with problems, both in scheduling wit-nossos and in incurring the costs of delay.
Mr. Barbash is a long-timo Shoreham opponent and a member of an organization dedi-cated to promoting a takeover of LILCO.
Under a Now York State law recently enacted at the urging of Shoreham oppononts (Chaptor 517, 1986 Laws of Now York), if Shoroham has not becomo "used and useful" in commercial nervice by January 3, 1989, it will be irrevocably doomed to have been abandoned under a companion stat-uto (Chaptor 518, 1986 Laws of Now York).
Thus the adverso of-fact of delay on LILCO is significantly greator hero than in other casos.
For the abovo reasons, LILCO opposos the requent for limited appearancos.
Yours very truly,
, fsb James N. Christman 126/6157 cc Service lint
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