ML20214W623
| ML20214W623 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/10/1987 |
| From: | Bachmann R NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20214W610 | List: |
| References | |
| OL-3, NUDOCS 8706160107 | |
| Download: ML20214W623 (4) | |
Text
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06/10/87
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-3
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(Emergency Planning)
(Shoreham Nuclear Power Station,
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Unit 1)
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NRC STAFF RESPONSE TO LILCO'S MOTION TO STRIKE MINOR /SilOLLY REBUTTAL TESTIMONY The Staff hereby replies to that part of LILCO's June 4, 1987 filing 1 which moves to strike portions of the Minor /Sholly rebuttal testimony 2_/
The' portions of the testimony at issue contain references to the possibility of wind shifts during an accident at Shoreham.
LILCO argues that the issue of wind shift has already been litigated in this proceeding under Contention 64, and that Suffolk County is attempting to reopen the facts about frequency of wind shift.
LILCO has previously moved to strike virtually identical direct testimony EI, and was not l
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1/
LILCO's Answer to " Renewed Suffolk County Motion for Leave to File i
Rebuttal Testimony" of May 27, 1987 and Motion to Strike Portions of Minor /Sholly Rebuttal Testimony, filed June 4,1987.
2/
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), filed May 27, 1987.
I 3/
LILCO's Motion to Strike Testimony of Stephen Cole, et al., filed April 18,1987, pp. 26-27.
8706160107 870610 h
PDR ADOCK 05000322 g
- *r s; supported by the Staff M.
Although the instant testimony may not be admitted for the purpose of relitigating the issues decided under Contention 64 (See LB P-85-12, 21 NRC 644, 778-79 (1985)), and should not be allowed as a vehicle for adducing testimony duplicative of previously admitted testimony, it does address matters contained in the Staff's direct testimony and is therefore relevant rebuttal testimony.
Accordingly, the Staff does not support LILCO's motion to strike.
I Respectfully submitted, Richard G. Bachmann Counsel for NRC Staff Dated at Bethesda, Maryland this 10th day of June,1987 4,/
NRC Staff Response to LILCO Motion to Strike Testimony of Stephen Cole, et al., filed May 4,1987, p.5.
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milik UNITED STATES OF AMERICA Y M iI P3 '11 NUCLEAR REGULATORY COMMISSION BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD e*
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00CYi In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-3
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(Emergency Planning)
(Shoreham Nuclear Power Station,
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Unit 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO NEW YORK STATE AND SUFFOLK COUNTY MOTION TO STRIKE PORTIONS OF LILCO'S REBUTTAL TESTIMONY" and "NRC STAFF RESPONSE TO LILCO'S MOTION TO STRIKE MINOR /SHOLLY REBUTTAL TESTIMONY" in the above-cuptioned proceeding have been served on the following by deposit in the United States mail, first class,. or as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 10th day of June,1987.
Morton B. Margulies, Chairman
- Joel Blau, Esq.
Administrative Judge Director, Utility Intervention Atomic Safety and Licensing Board Suite 1020 U.S. Nuclear Regulatory Commission 99 Washington Avenue Washington, DC 20555 Albany, NY 12210 Jerry R. Kline*
Fabian G. Palomino, Esq.
Administrative Judge Richard J. Zahnleuter, Esq.
Atomic Safety and Licensing Board Executive Chamber U.S. Nuclear Regulatory Commission State Capitol j
Washington, DC 20555 Albany, NY 12224 Frederick J. Shon*
Jonathan D. Feinberg, Esq.
Administrative Judge New York State Department of Atomic Safety and Licensing Board Public Service U.S. Nuclear Regulatory Commission Three Empire State Plaza Washington, DC 20555 Albany, NY 12223 Philip McIntire James N. Christman, Esq.
Federal Emergency Management Donald P. Irwin, Esq.
l Agency Hunton a Williams l
26 Federal Plaza 707 East Main Street i
Room 1349 P.O. Box 1535 New York, NY 10278 Richmond, VA 23212 Douglas J. Hynes, Councilman Town Board of Oyster Bay Town Hall Oyster Bay, New York 11771
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Stephen B. Latham, Esq.
Twomey, Latham & Shea Christopher M. McMurray, Esq.
Attorneys at Law David T. Case, Esq.
33 West Second Street Kirkpatrick & Lockhart Riverhead, NY 11901 South Lobby - 9th Floor 1800 M Street, NW Atomic Safety and Licensing Washington, DC 20036-5891 Doard Panel
- U.S. Nuclear. Regulatory Commission Jay Dunkleberger Washington, DC 20555 New York State Energy Office Atomic Safety and Licensing Agency Building 2 Appeal Board Panel
- Empire State Plaza U.S. Nuclear Regulatory Commission Albany, NY 12223 Washington, DC 20555 Spence W. Perry, Esq.
Martin Bradley Ashare, Esq.
General Counsel Suffolk County Attorney.'
Federal Emergency Management 4
H. Lee Dennison Building Agency Veteran's Memorial Highway 500 C Street, SW Hauppauge, NY 11788 Washington, DC 20472 Dr. Monroe Schneider Robert Abrams, Esq.
North Shore Committee Attorney General of the State
.P.O. Box 231 of New York Wading River, NY 11792 Attn: Peter Bienstock, Esq.
Department of Law Ms. Nora Bredes State of New York Shoreham Opponents Coalition Two World Trade Center 195 East Main Street Room 46-14 Smithtown, NY 11787 New York, NY 10047 Anthony F. Earley, Jr.
William R. Cumming, Esq.
General Counsel Office of General Counsel Long Island Lighting Company Federal Emergency Management 175 East Old Country Road Agency Hicksville, NY 11801 500 C Street, SW Washington, DC 20472 Dr. Robert Hoffman Long Island Coalition for Safe Docketing and Service Section*
Living Office of the Secretary P.O. Box 1355 U.S. Nuclear Regulatory Commission Massapequa, NY 11758 Washington, DC 20555 Mary M. Gundrum, Esq.
Barbara Newman New York State Department of Law Director, Environmental Health 120 Broadway Coalition for Safe Living 3rd Floor, Room 3-116 Box 944 New York, NY 10271 Huntington, New York 11743 i
Richard G. Bachmann
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l Counsel for NRC Staff I
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