ML20216D319

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NRC Staff Response to Renewed Suffolk County Motion for Leave to File Rebuttal Testimony.* Staff Does Not Object to Limited Rebuttal Testimony of Gc Minor & Sc Sholly Since Confined to Direct Testimony Filed by Lg Hulman
ML20216D319
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 06/04/1987
From: Bachmann R
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML20216D135 List:
References
OL-3, NUDOCS 8706300504
Download: ML20216D319 (1)


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UNITED STATES OF AMERICA.

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NUCLEAR REGULATORY COMMISSION.

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD '

I In the Matter of -

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d lLONG 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 RENEWED SUFFOLK COUNTY-MOTION FOR' LEAVE TO FILE REBUTTAL TESTIMONY.

. The Staff hereby responds to the " Renewed Suffolk-County Motion for Leave to File Rebuttal Testimony"'(" Motion"), filed May' 27, 1987.- In "NRC Staff Response to Suffolk County's Motion for-Leave to File Rebuttal Testimony," filed April 23, 1987, the Staff stated that it would not object-

'to such testimony provided it were. confined to the. scope of the direct

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testimony filed by Staff witness Lewis G. Hulman 1. After review of the

< limited rebuttal testimony. of Gregory C.

Minor. and Steven C.

Sholly,

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which is attached to the Motion, the Staff does not object to'its filing Respectfully submitted,.

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Richard G. Bachmann Counsel for NRC Staff Dated at Bethesda, Maryland this 4th day of June,1987 1_/ - The Staff also stated that the parties should have.the opportunity-to move' to strike such testimony.

In light ' of the Board's Order of-May 14,1987, that point is moot.

The Staff will not file a motion to' strike concerning Suffolk County's rebuttal testimony.

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The Staff does not agree with Suffolk County's assertion that the

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Staff has previously acquiesced' tolthe filing ' of Suffolk County's rebuttal testimony. See. Motion at - 3,. n.3.

7 As noted above, the Staff's. initial. response conditioned its position upon the' receipt. of the actual. testimony.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION j

BE'Ff>RE TIIE ATOMIC SAFET ? AND LICENSIN 3 BOARD

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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 RENEWED NEW YORK MOTION FOR LEAVE TO FILE REBUTTAL TESTIMONY The Staff hereby responds to the " Renewed State of New York Motion for Leave to File Rebuttal Testimony"

(" Motion"), dated May 27, 1987.

The Staff has reviewed the Motion and the attached " Rebuttal Testimony of David T. Hartgen and Robert C. Millspaugh on Behalf of the i

State of New York on KLD's Capacity Analysis (KLD TR-201)".

Notwith-standing the Staff's different views on the adequacy of the KLD analysis II the State of New York's testimony is relevant to the traffic issue before the Licensing Board and, on its face, appears to be legitimate rebuttal testimony.

The Staff does not oppose its filing in this proceeding.

Respectfully submitted, T

Richard G. Bachmann Counsel for NRC Staff Dated at Bethesda, Maryland this 4th day of June,1987

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See Testimony of Dr. Thomas Urbanik II on Behalf of the NRC Staff on Capacity Analysis in the Vicinity of Reception Centers, filed April 13,1987.

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r UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE Tile 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),

)

CERTIFICATE OF SERVICE

. I hereby certify that' copies of "NRC STAFF RESPONSE' TO LILCO'S MOTION:

FOR ' LEAVE TO FILE REBUTTAL TESTIMONY," "NRC STAFF RESPONSE.TO

- RENEWED ' SUFFOLK COUNTY MOTION FOR LEAVE TO FILE-REBUTTAL TESTIMONY," and "NRC STAFF RESPONSE TO RENEWED NEW YORK, MOTION ~

' FOR. LEAVE TO. FILE REBUTTAL TESTIMONY" in: the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, as indicated by an asterisk, through deposit in the Nuclear

- Regulatory Commission's internal mail system, as indicated by double asterisk, by telecopier, and as indicated by. triple. asterisk, by. express' mail, this 4th'-

day of June,1987.

ec 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.1 Zahnleuter, - Esq.** '

Atomic Safety and Licensing Board Executive Chamber-U.S. - Nuclear Regulatory Commission -

State Capitol

. Washington,' DC 20555 Albany, NY ~ 12224-

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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.

Agency.

Hunton a Williams --

26 - Federal Plaza '

707' East Main Street

-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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l Stephen B. Latham, Esq.***

l Twomey,-Latham-a Shea Christopher M. McMurray, Esq.**

' Attorneys.at L,aw David T. Case, Esq.

J 33 West Second Street Kirkpatrick.a Lockhart

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. Riverhead, NY 11901 South Lobby - 9th Floor -

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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 1

Office -

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. Atomic" Safety and Licensing Agency Building 2 1

Appeal Board Panel

  • Empire ' State' Plaza

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U.S. Nuclear Regulatory Commission Albany, NY 12223 3

Washington, DC 20555 Spence W. Perry, Esq.

Martin Bradley Ashare, 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 i

Dr. Monroe Schneider Robert Abrams, Esq.

1 North Shore Committee

. Attorney General of the State P.O. Dox 231

' of New York -

9 Wading River, NY 11792 Attn:. Peter Bienstock, Esq.

3 Department of Law' il Ms. Nora Bredes

' State 'of New York

'Shoreham Opponents Coalition Two World Trade Center j

195 East. Main Street Room 46 1 Smithtown, NY 11787 New York, NY 10047 Anthony F. Earley, Jr.

William. R. ' Cumming, ' Esq.

General Counsel Office of General' Counsel 5

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 Ycrk State Department of Law Director, Environmental Health

.-120 Broadway -

Coalition for' Safe Living

' 3rd Floor,: Room 3-116 Box 944 '

i New York, NY ' 10271 Huntington, New York 11743 Richard'G. Bachmann

. Counsel for. NRC Staff l t