ML20215K946
| ML20215K946 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/04/1987 |
| From: | Bachmann R NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20215K885 | List: |
| References | |
| OL-3, NUDOCS 8705120044 | |
| Download: ML20215K946 (5) | |
Text
..
l May 4,1987 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
IONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Udt 1)
)
NRC STAFF RESPONSE TO LILCO'S MOTION TO STRIKE TESTIMONY OF JOHNSON AND SAEGERT On April 18, LILCO filed its " Motion to Strike Direct Testimony of Johnson and Saegert"
(" Motion").
The Motion requests that the Board strike portions of the Johnson and Saegert, testimony filed by Suffolk County on April 13, 1987. 1 The Staff agrees with - LILCO that the portions of testimony sought to be stricken have already been litigated, and in particular would note sections of the Partial Initial Decision issued on April 17,1985 (LBP-85-12, 21 NRC 644):
1.
Prior litigation of adherence to emergency j
advisories, including routing to the reception l
centers is shown in 21 NRC at 667-671, 690-694.
2.
Prior litigation of LILCO's credibility is shown in 21 NRC at 687-691.
1/
" Testimony of James H.
Johnson, Jr. and Susan C.
Saegert on Behalf of Suffolk County Regarding LILCO's Reception Centers
~
(Evacuation Shadow Phenomenon and Traffic Issues)" (" Johnson and Saegert testimony").
I G705120044 870504 ADOCK0500g2 f
PDR G
i 1
--n e
e+-
=- -,,,
---.--,-,---.,,---,.w---,---nr-
,-n-
,.r-,
.-,-n
l 3.
Prior litigation of the perception of radiation as a different hazard from natural disasters is shown in 21 NRC at 662-663.
The Staff also agrees that the other portions of the testimony are beyond the scope of the admitted issues in this proceeding.
The Staff particularly supports LILCO's interpretation of the Appeal Board's 2,/ of the " shadow phenomenon" issue based on the prior proffered remand testimony of Dr. Johnson.
In view of that remand, the " shadow phenomenon" issues before this Board should be limited to whether the location of the reception centers will affect the public'a perception of the risk, and whether people living in the immediate area of the centers will also evacuate,- causing traffic problems in the vicinity of the centers.
See "LILCO's Motion to Strike Testimony of Stephen Cole, et al.",
dated April 18,1987 at 5-7.
Therefore, the Staff supports LILCO's Motion to strike the designated portions of the Johnson and Saegert testimony.
Respectfully submitted, A
n Richard G. Bachmann
~
Counsel for NRC Staff Dated at Bethesda, Maryland this 4th day of May,1987 2/
ALAB-832, 23 NRC 135 (1986).
l l
00LKETEP U$NFC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'87 ftAY -5 P3 :34 BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD OFFIE 5 a v '
00CHEl E & W ICf.
BRANCH In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket. No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station.
)
Unit 1)
)
CERTIFICATE OF SERVICE I-hereby certify that copies of "NRC STAFF RESPONSE TO LILCO MOTION TO STRIKE TESTIMONY OF EDWARD P. RADFORD, ET AL." and "NRC
-STAFF RESPONSE TO LILCO'S MOTION TO STRIKE TESTIMONY OF HARTGEN AND MILLSPAUGH", and "NRC STAFF RESPONSE TO LILCO'S MOTION TO STRIKE TESTIMONY OF PAPILE ET AL."
and "NRC STAFF
' RESPONSE TO LILCO MOTION TO STRIKE TESTIMONY OF STEPHEN COLE, ET AL." '
and "NRC STAFF RESPONSE TO LILCO'S MOTION TO STRIKE TESTIMONY OF JOIINSON AND SAEGERT" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by (*) through deposit in the Nuclear Regulatory Commission's internal mail
- system, or by
(**) telecopy, or by
(*") express mail, this 4th day of May,1987:
l 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 j'
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 i-U.S. Nuclear Regulatory Commission State Capitol 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 & Williams
~ 26 Federal Plaza 707 East Main Street i
Room 1349 P.O. Box 1535 New York, NY 10278 Richmond, VA 23212 l
l I
l
Douglas J. Hynes, Councilman Town Board of Oyster Bay Town Hall Oyster Bay, New York 11771
. Stephen B. Latham, Esq ***
Twomey, Latham a 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 Board 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 Asharc, Esq.
General Counsel Suffolk County Attorney Federal Emergency Management 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 Dredes State of New York Shoreham Opponents Coalition Two World Trade Center 195 East Main Street Room 46-14 Smithte wn, 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 l-L i
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 Richard G. Bachmann Counsel for NRC Staff
,