ML20214T293
| ML20214T293 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/04/1987 |
| From: | Christman J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#287-3695 OL-3, NUDOCS 8706100197 | |
| Download: ML20214T293 (5) | |
Text
J 675 LILCO, June 4 1987 0
1 D0LhETEP c5NRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 87 JUN -8 P4 :05 If W..
Before the Atomic Safety and Licensing Board uGCe*y glu,c In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
LILCO'S ANSWER TO " RENEWED SUFFOLK COUNTY MOTION FOR LEAVE TO FILE REBUTTAL TESTIMONY" OF MAY 27,1987 AND MOTION TO STRIKE PORTIONS OF MIIIOR/SHOLLY REBUTTAL TESTIMONY This is LILCO's response to the " Renewed Suffolk County Motion for Leave to File Rebuttal Testimony," dated May 27,1987. This is also LILCO's motion to strike portions of the " Rebuttal Testimony of Gregory C. Minor and Steven C. Sholly on Behalf of Suffolk County Regarding LILCO's Reception Centers (Addressing Testimony of Lewis G. Hulman)," also dated May 27,1987.
LILCO does not oppose the motion to file the rebuttal testimony.
However, LILCO does move to strike two passages of the rebuttal testimony be-cause they attempt to reopen the issue of wind shif t, which was already litigated. The passages of testimony that LILCO moves to strike on this ground are the following:
Page 5, line 1, beginning with "As we testified" and ending on page 5, line 9, with "over any given four-hour period."
Page 8, line 20, beginning with "As we stated in our direct" and ending on page 9, line 3, with " portion of the population."
These passages attempt to establish that the wind shif ts frequently on Long Is-land. As argued in LILCO's original motion to strike the testimony of Messrs. Minor and Sholly, the issue of wind shif t was already litigated. See LILCO's Motion to Strike Tes-timony of Stephen Cole, et al., Apr. 18,1987, at 26-27; Cordaro et al., ff Tr. 8760, at 0706100197 870604 PDR ADOCK 05000322 M) g PDR y
. t 35-43. The Intervenors had a full opportunity to present evidence on wind shif t at that time, and they failed to do so, although they did address the issue in their cross-examination. See, for example, Tr. 8925-29 (cross-examination by Suffolk County) and 8950-72 (by the State). Indeed, New York State initially proposed to present witnesses on Contention 64 but withdrew them af ter depositions revealed that the State witnesses did not agree with the County contention. When LILCO attempted to introduce por-tions of the depositions, the Intervenors objected and the evidence was excluded. Tr.
8274. Also, when LILCO argued that Contention 64 did not cover such phenomena as
" sea breezes," the Board took a more expansive view of what was at issue:
JUDGE LAURENSON: Well, I think the contention is a little bit broader than LILCO is reading it also. The second paragraph says: Interveners [ sic] contend that given wind conditions on Long Island, in the event any evacuation due to a radiological emergency is required... and then it goes on, LILCO must evacuate at least a radius of five to seven miles around the plant.
I think that raises the issue of wind conditions on Long Island which would, as I understand it, encompass the sea breeze questions that we are into now.
MS. McCLESKEY: Yes, sir, but the wind conditions in that second paragraph is referring to what was described in the first paragraph, which is the wind shif ting quickly at ap-proximately ten miles an hour.
JUDGE LAURENSON: I think it is not necessarily read that narrowly. The objection is overruled.
Tr.8960-61. Intervenors ought not be allowed now to relltigate the issue of how much the wind shif ts on Long Island.
Suffolk County argued, in its " Response of Suffolk County to LILCO's Motion to Strike the Testimony of Stephen Cole, Et Al.," dated April 30,1987, that the statement that the issue of wind shif ts was previously litigated is a " distortion of the record." The County's rationale for this claim is apparently that Contention 64 had to do with pro-tective action recommendations, while the present issue has to do with the number of L
people who might be in a plume. This argument misses the essential point of LILCO's argument, which is that the Intervenors as part of their case on Contention 64 were trying to prove exactly the same thing about frequency of wind shif t that they are trying to prove now: that the wind shif ts frequently. Certainly the Intervenors should be allowed now to argue that the shif ting winds, as extablished on the existing record, may have implications for deciding how many people might be in a plume. LILCO has not moved to strike such testimony, only the testimony that tries to reopen the facts about frequency of wind shif t. Presenting new evidence on the meteorology of Long is-land cannot now be justified.
Accordingly, LILCO moves to strike the above-cited passages of the Minor /Sholly rebuttal testimony of May 27,1987.
Respectfully submitted, 4<
2=J James N. Christman Hunton & Williams i
707 East Main Street i
P.O. Box 1535 Richmond, Virginia 23212 l
DATED: June 4,1987 I
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LILCO, June 4,1987 DC' ri TU LW:
'8 M -8 P4 :05 CERTIFICATE OF SERVICE crrai D0ce :Ju,,' 9 jj In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 I hereby certify that copies of LILCO'S ANSWER TO " RENEWED SUFFOLK COUNTY MOTION FOR LEAVE TO FILE REBUTTAL TESTIMONY" OF MAY 27,1987 AND MOTION TO STRIKE PORTIONS OF MINOR /SHOLLY REBUTTAL TESTIMONY were served this date upon the following by telecopter as indicated by one asterisk, by Federal Express as indicated by two asterisks, or by first-class mail, postage prepaid.
Morton B. Margulles, Chairman **
Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Panel Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 East-West Towers, Rm. 407 4350 East-West Hwy.
Atomic Safety and Licensing Bethesda, MD 20814 Board Panel U.S. Nuclear Regulatory Commission Dr. Jerry R. Kline "
Washington, D.C. 20555 Atomic Safety and Licensing Board Richard G. Bachmann, Esq. **
U.S. Nuclear Regulatory Commission George E. Johnson, Esq.
East-West Towers, Rm. 427 U.S. Nuclear Regulatory Commission 4350 East-West Hwy.
7735 Old Georgetown Road Bethesda, MD 20814 (to mallroom)
Bethesda, MD 20814 Mr. Frederick J. Shon "
Atomic Safety and Licensing Herbert H. Brown, Esq. "
Board Lawrence Coe Lanpher, Esq.
U.S. Nuclear Regulatory Commission Karla J. Letsche, Esq.
East-West Towers, Rm. 430 Kirkpatrick & Lockhart 4350 East-West Hwy.
South Lobby - 9th Floor Bethesda, MD 20814 1800 M Street, N.W.
Washington, D.C. 20036-5891 Secretary of the Commission Attention Docketing and Service Fabian G. Palomino, Esq. **
Section Richard J. Zahnleuter, Esq.
U.S. Nuclear Regulatory Commission Special Counsel to the Governor 1717 H Street, N.W.
Executive Chamber Washington, D.C. 20555 Room 229 State Capitol Albany, New York 12224 L
Mary Gundrum, Esq.
Jonathan D. Feinberg, Esq.
Assistant Attorney General New York State Department of 120 Broadway Public Service, Staff Counsel Third Floor, Room 3-116 Three Rockefeller Plaza New York, New York 10271 Albany, New York 12223 Spence W. Perry, Era. **
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. Pht!!p 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 i'
/ James N. Christman llunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: June 4,1987 L