ML20214J514
| ML20214J514 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 11/25/1986 |
| From: | Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1673 OL-5, NUDOCS 8612010335 | |
| Download: ML20214J514 (5) | |
Text
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LILCO, Novrmber 25,1986
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4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DgTED Before the Atomic Safety and Licensing Board 6FFK: ur In the Matter of
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LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-5 g
) (Emergency Planning)(EP Exercise)
(Shoreham Nuclear Power Station,
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Unit 1)
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LILCO'S MOTION FOR EXPEDITED RECONSIDERATION OF NOVEMBER 19 ORDER COMPELLING FEMA TO ANSWER INTERROGATOPIES On November 19, 1986, this Board granted Suffolk County's November 10 motion to compel FEMA to answer, or answer more fully, certain outstanding interrogatories propounded by Intervenors. FEMA had filed its response on November 13. LILCO filed a response on November 19, which was sent to the Board by Federal Express and thus I
presumably arrived on Thursday, November 20.II The e'cadline for responses was I
I November 24.2/
h Because of the timing of its discovery Order, the Board did not consider LILCO's response. In that response, LILCO advanced arguments going, inter alla, to the follow-Ing matters decided, incorrectly in LILCO's view, in the Board's November 19 Order:
1/
At the time of the Board's order, the NRC Staff had not yet filed any response to Intervenors' motion.
2/
The Suffolk County motion to compel was filed by Federal Express. Under the Rules of Practice, in the absence of order from the Board responses would have been due in 10 days plus two days for overnight mail, or the next business day thereaf ter.10 C.F.R. SS 2.710,2.730(c). That date was Monday, November 24.
i 8612010335 861125 PDR ADOCK 05000322 o
03
1.
The status of FEMA in NRC licensing proceedings (LILCO Response at 2-4);II 2.
The attendant means avpliable for pursuit of discovery against FEMA (LILCO Response at 2-4);4/
3.
The appropriateness of the discovery sought by Interrogatories 9-11 in light of the Board's limitation of presentations on issues relating to Contention 19, i.e., those relating to Frank Petrone's resignation, to briefing and argu-ment (LILCO Response at 7-9); and, 4.
The appropriateness of requiring potentially prejudicial discovery relating
. to Contentions 15 and 16 while those contentions a:e under reconsideration by the Board (LILCO Response 5-7).
Not all of the arguments advanced by LILCO, or their bases, were advanced in the opposition filed by FEMA and rejected by the Board on its November 19 Order.
LILCO is affected by the Board's disposition of these issues since, as the applicant in this proceeding, it has a fundamental stake in the scope and shape of issues to be liti-gated, and in the rights and obligations of participants in this proceeding. LILCO also has a profound interest in the avoidance of undue delay in this proceeding.
LILCO will not needlessly lengthen this paper with a restatement of the argu-ments in its November 19 Response. LILCO believes, however, that is has a right to have its views on substantive issues in this proceeding considered fully and fairly by the Board. LILCO therefore respectfully requests that the Board reconsider its November 19 Order, particularly those aspects referred to in this paper, in light of the arguments 3/
The Board appears to intimate, Order at 3 and note 3, both that it considers FEMA to be acting inconsistently with the role envisioned for it in the NRC-FEMA Memorandum of Understanding, and that the Memorandum of Understanding cannot,in any event, bind Licensing Boards. These potentially novel arguments were not raised in the pleadings of any of the parties.
4/
LILCO notes that the Board does not state which exact discovery provisions it considers to apply to FEMA in its status as a party, i.e., whether it considers broader discovery to be available against FEMA than against the NRC Staff. Compare 10 C.F.R. Secs. 2.720, 2.744 with Secs. 2.740-2.743.
presented in LILCO's November 19 Response, and that is inform the parties of the re-suits there of as soon as possible.5/
Respectfully submitted, w
Donald P. Irwin Counsel for Long Island Lighting Company Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: November 25,1986 5/
LILCO makes no recommendation as to whether the Board should exercise its '
T11scretion to permit yet a further round of comment on these issues. S_ee 10 C.F.R. Sec.
2.730(c).
LILCO, Nov:mber 25,1986 L
COLK[IEE v3Ni:C CERTIFICATE OF SERVICE
'86 NOV 28 P7 :34 i
In the Matter of LONG ISLAND LIGHTING COMPANY OFFICi' ihO M*id
~
(Shoreham Nuclear Power Station, Unit 1) 00ChO Docket No. 50-322-OL-5 BP. A NCP I
A I hereby certify that copies of LILCO'S MOTION FOR EXPEDITED RECONSID-ERATION OF NOVEMBER 19 ORDER COMPELLING FEMA TO ANSWER INTERROGA-TORIES were served this date upon the following by Federal Express as indicated by one asterisk (*) or by first-class mail, postage prepaid.
John H. Frye, III, Chairman
- Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 East-West Towers 4350 East-West Hwy.
Bernard M. Bordenick, Esq.
- Bethesda, MD 20814 Oreste Russ Pirfo, Esq.
Edwin J. Reis, Esq.
Dr. Oscar H. Paris
- U.S. Nuclear Regulatory Commission Atomic Safety and Licensing 7735 Old Georgetown Road Board (to mailroom)
U.S. Nuclear Regulatory Commission Bethesda, MD 20814 East-West Towers 4350 East-West Hwy.
Herbert H. Brown, Esq.
- Bethesda, MD 20814 Lawrence Coe Lanpher, Esq.
Karla J. Letsche, Esq.
Mr. Frederick J. Shcn
- Kirkpatrick & Lockhart Atomic Safety and Licensing Eighth Floor Board 1900 M Street, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C. 20036 East-West Towers, Rm. 430 4350 East-West Hwy.
Fabian G. Palomino, Esq.
- Bethesda, MD 20814 Richard J. Zahnleuter, Esq.
Special Counsel to the Governor Secretary of the Commission Executive Chamber Attention Docketing and Service Room 229 Section State Capitol U.S. Nuclear Regulatory Commission Albany, New York 12224 1717 H Street, N.W.
Washington, D.C. 20555 Mary Gundrum, Esq.
Assistant Attorney General Atomic Safety and Licensing 120 Broadway Appeal Board Panel Third Floor, Room 3-116 U.S. Nuclear Regulatory Commission New York, New York 10271 Washington, D.C. 20555 J
f,
,* i Spence W. Perry, Esq.
- Ms. Nora Bredes William R. Cumming, Esq.
Executive Coordinator Federal Emergency Management Shoreham Opponents' Coalition Agency 195 East Main Street 500 C Street, S.W., Room 840 Smithtown, New York 11787 Washington, D.C. 20472 Gerald C. Crotty, Esq.
Mr. Jay Dunkleberger Counsel to the Governor New York State Energy Office Executive Chamber Agency Building 2 State Capitol Empire State Plaza Albany, New York 12224 Albany, New York 12223 Martin Bradley Ashare, Esq.
Stephen B. Latham, Esq.
- Eugene R. Kelly, Esq.
Twomey, Latham & Shea Suffolk County Attorney 33 West Second Street H. Lee Dennison Building P.O. Box 298 Veterans Memorial Highway Riverhead, New York 11901 Hauppauge, New York 11787 Mr. Philip McIntire Dr. Monroe Schneider Federal Emergency Management North Shore Committee Agency P.O. Box 231 26 Federal Plaza Wading River, NY 11792 New York, New York 10278 Jonathan D. Feinberg, Esq.
New York State Department of Public Service, Staff Counsel Three Rockefeller Plaza Albany, New York 12223 N
Donald P. Irwin Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: November 25,1986 i