ML20215K935

Memorandum & Order (Ruling on Lilco Motion to Strike Portions of FEMA Testimony).* Motion Granted,Per Staff 870428 Concurrence & Absence of Intervenor Response.Served on 870508

ML20215K935
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	05/07/1987
From:	Margulies M Atomic Safety and Licensing Board Panel
To:	Federal Emergency Management Agency, LONG ISLAND LIGHTING CO., NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#287-3360 86-529-02-OL, 86-529-2-OL, OL-3, NUDOCS 8705120041
Download: ML20215K935 (2)

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- uwc UNITED STATES OF AMERICA 87 MAY -8 P3 :14 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD OFFILE : 7 m 00CKEh% , Fevir:r E h #4C" Before' Administrative Judges:

Morton B. Margulies, Chainnan Dr. Jerry R. Kline SERVED MAY - 81987 Mr. Frederick J. Shon In the Hatter of Docket No. 50-322-OL-3 (Emergency Planning)

LONG ISLAND LIGHTING COMPANY (ASLBP No. 86-529-02-OL)

Shoreham Nuclear Power Station, )

(Unit 1) May 7, 1987 1

Memorandum and Order (Ruling on Lilco Motion to Strike Portions of FEMA Testimony) 1 On April 18, 1987 Lilco moved to strike certain portions of the

" Direct testimony of Thomas E Baldwin, Ihor W. Husar, and Joseph H.

Keller (FEMA testimony) on the ground that it is beyond the scope of this proceeding and therefore irrelevant to the issues being litigated.

The NRC staff responded on April 28, 1987, stating that it had reviewed Lilco's motion and supporting documents and that it agrees that the named portions of the FEPA testimony should be stricken because it is beyond the scope of the proceeding. Intervenors did not respond to Lilco's motion and it is therefore unopposed.

The portions of the FEMA testimony Lilco requests to be stricken appear at Page 6, line 31 through line 35 and at Page 17, line 27 through line 36. Both paragraphs address the RAC review of Revision 8 of Lilco's emergency plan stating that there are no reception centers DOCKo$o00[22 PDR

specified for many evacuees from special facilities. While Lilco must make provisions for such evacuees the Board agrees that that subject is not within the scope of the reception center proceeding which will address the adequacy of Lilco's plaris for reception centers for the general population. The Board therefore concludes that Lilco's motion should be granted.

ORDER Lilco's motion of April 18, 1987 to strike portions of FEMA's testimony is hereby granted.

, FOR THE ATOMIC SAFETY Afl0 LICENSING BOARD na Morton B. Margulies, Cl}(irman ADMINISTRATIVE LAW JUDGE Dated at Bethesda, Maryland this 7th day of May,1987 l

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