ML20236E648
| ML20236E648 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/01/1987 |
| From: | Gulotta T, Mondello J, Gordon Peterson NASSAU COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20236E639 | List: |
| References | |
| ALAB-520, OL-3, NUDOCS 8708030036 | |
| Download: ML20236E648 (7) | |
Text
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ATTACHMENT 1 mousseutoru
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OFFICE OF THE EXECUTIVE
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July 1, 1987 Administr*~1ve Law Judges Atomic Saiety and Licensing Board U.S. Nuclear Regulation Commission Washir,gton, D.C.
20555
Dear Administrative Law Judges:
As the Federal Atomic Safety and Licensing Board is now conducting hearings on the Long Island Lighting Company's emergency evacuation plan, I must point out that the latest revised plan still contains assumptions relative to Nassau County facilities
- hat must be corrected.
In its resolution of June 16, 1986, the Nassau County Board of Supervisors resolved that no councy facilities are to be available for the use by LILCO as part of its emergency plan, "unless prior approval by resolution is first obtained from the Nassau County Board of Supervisors."
LILCO has not received permission from the Nassau Board of Supervisors to include any county facilities in its emergency plan and, to my knowledge, has not even requested any specific' approval.
I respectrule request, therefore, that the Nassau County Police Deparunent and the Nassau County Medical Center be removed from the plan.
S:.nce
/ ht$$(4Z4 THOMAS S. GULOTTA County Executive Y
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OSEP N. MONDELLO OREGORY P$ TERSON res ing Supervisor Superv(ju>t, town f Hempstead Town of Hempstead n
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To f o th Hempstead Town of Oyster Bay 1
VItKENT SUOZZ1' BR/JCE NYMAN
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Supervisor, City en Cove Supervisors, City gf long Beach TSG:jgwsch cci Mr.
William Catacosinos Chairman and Chief Executi/e Officer d.
i Long Island Lighting Company I
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175 East Old County Road P
t Hicksville, New York 11801
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870B030036 070728 PDR ADOC.K 05000322 O
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ATTACHMENT 2 Cite as 9 NRC 48 (1979)
ALAB 520 UNITED E.7ATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Alan S. Rosenthal, Chairman Dr. John H. Buck Michael C. Farrer I
in the Matter of Docket Nos 50443 i
' 50444 i
PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, et al.
+
I (Seabrook Station, Units 1 and 2)
January 24,1979 i
The Appeal Board admits into evidence published municipal ordinances sought to be introduced by applicants but makes no determination as to the exhibit's materiality.
RULES OF PRACTICE: ADMISSIBIIJrY OF EVIDENCE j
NRC adjudicatory boards may follow Rule 902 of the Federal Rules of Evidence (obviating extrinsic evidence of authenticity as a precondition to admitting official government documents) to allow into evidence published municipalordinances.
RULES OF PRACTICE: ADMISSIBILITY OF EVIDENCE in administrative proceedings involving no jury, a determint ion on materiality need not precede the admission of an exhibit into evidence, even though the exhibit's materiality may be questioned.
Messrs. Thomas G. Dignan, Jr., and Robert K. Gad Ill, Boston, Massachusetts, for the applicants, Public Service Company c! New Hampshire, et al.
Mr. Robert A. Backus, Manchester, New Hampshire, for the intervenor, Seacoast Anti Pollution League.
48 m_____
Messrs. Lawrence Brenner and James M. Cutchin sV, for the Nuclear Regulatory Commission staff.
MEMORANDUM AND ORDER During the course of the evidentiary hearing before this Board last week, the applicants asked us to take official notice of the contents of a document entitled " Revised Ordinances as amended through September 1978." issued by the Town of York, Maine. Alternatively, the applicants sought to have the document admitted into evidence. In light of objections by the other parties to both courses, we reserved judgment to enable us to determine the practice in the Federal courts regarding such matters. Pending our ruling, the document was marked for identification as Applicants' Exhibit 791 (Tr.589).
Our research has disclosed that at least one court of appeals has recently held that municipal ordinances are " proper subjects for judicial notice."
Newcomb v. Brennan, 558 F.2d 825, 829 (7th Cir.1977). We need not pause, however, to consider whether this view is universally accepted by the Federal judiciary. For, in any event, Rule 902 of the Federal Rules of Evidence' explicitly provides that "[e]xtrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to," inter alia:
(1)... A document bearing a seal purporting to be that of the United States, or of any State, district, Commonwealth, territory, o. insular I
possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or I
execution.
The exhibit tendered by the applicants bears both the seal of the Town of York and the attestation of the town clerk that it is a true copy of the ordinances in effect in the Town of York as of January 8,1979.
We perceive no good reason why Rule 902 should not be followed in NRC adjudicatory proceedings. Accordingly, the exhibit should be deemed.
duly authenticated. On that ba:is, we admit it into evidence. To be sure, both the intervenor and the NRC staff questioned its materiality with re-spect to the issues which are before us for decision. But we need not pass upon that question at this juncture. Should the applicants choose to place reliance in a posthcaring submission on one or more of the >rdinances con.
tained in the exhibit, there will be time enough for the other parties to press
'These rules were approved by Congress in 1975 and are a part of Title 28 of the United States Code. They govern proceedings in the courts of the United States and before United States snagistrates except as otherwise provided therein.
49
l by way of responses any points they might wish to make respecting mate-riality, in short, our ruling today leaves entirely open whether, and if r.o to what extent, the contents of the exhibit have a bearing upon what must be decided.2 Applicants' Exhibit 79-1 is adm!tted into evidence in accordance with the foregoing.
It is so ORDERED.
FOR THE APPEAL BOARD Margaret E. Du Flo Secretary to the Appeal Board j
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i Normally a determination on materiality will precede the admission of an exhibit into 2
evidence (at least where materiality is questioned). But we do not regard this to be an ironclad requirement in admir.istrative proceedings where no jury is involved; in this 8.tstance. the determination can be safelyleft to a later date without prejudicing the interests of any party.
50
N' k! ii July 28, l'987
'87 Ji 30 A10 :32 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION QF Before the Atomic Safety and Licensino Board >:
p,
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In the latter of
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LONG ISLAND LT.GHTING COMPANY
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Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE l
I hereby certify that copies of the SUFFOLK COUNTY MOTION FOR RECONSIDERATION OF RULING ON SUFFOLK COUNTY EXHIBIT 22 have been served on the following this 28th day of July 1987 by United States mail, first class, except as otherwise noted.
{
l Morton B. Margulies, Chairman
- Joel Blau, Esquire i
Atomic Safety and Licensing Board Director United States Nuclear Regulatory Utility Intervention Commission New York Consumer 4
Washington, D.
C.
20555 Protection Board
]
Suite Number 1020 Albany, New York 12210 Dr. Jerry R.
Kline*
William R. Cumming, Esquire **
Atomic Safety and Licensing Board Spence W.
Perry, Esquire United States Nuclear Regulatory Office of the General Counsel Commission Federal Emergency Management Washington, D.
C.
20555 Agency 500 "C" Street, S. W.
Room Number 840 Washington, D.
C.
20472
______-__-__________.________a
Mr. Frederick J.
Shon*
Anthony F. Earley, Jr., Esquird Atomic Safety and Licensing Board General Counsel United States Nuclear Regulatory Long Island Lighting Company Commission 175 East Old Country Road Washington, D.
C.
20555 Hicksville, New York 11801 Ms. Elisabeth Taibbi W. Taylor Reveley, III, Esquire **
Clerk Hunton and Williams Suffolk County Legislature Post Office Box 1535 Suffolk County Legislature 707 East Main Street Office Building Richmond, Virginia 23212 Veterans Memorial Highway Hauppauge, New York 11788 Mr.
L.
F. Britt Stephen B.
Latham, Esquire Long Island Lighting Company Twomey, Latham and Shea Shoreham Nuclear Power Station 33 West Second Street North Country Road Riverhead, New York 11901 Wading River, New York 11792 Ms. Nora Bredes Docketing and Service Section Executive Director Office of the Secretary Shoreham Opponents Coalition United States Nuclear Regulatory 195 East Main Street Commission Smithtown, New York 11787 1717 "H"
- Street, N.
W.
]
Washington, D.
C.
20555 Mary M. Gundrum, Esquire Honorable Michael A.
LoGrande New York State Department of Law Suffolk County Executive 120 Broadway H.
Lee Dennison Building Third Floor Veterans Memorial Highway Room Number 3-116 Hauppauge, New York 11788 New York, New York 10271 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Coramittee Suite "K"
Post Office Box 231 San Jose, California 95125 Wading River, New York 11792 i
Martin Bradley Ashare, Esquire Fabian G. Palomino, Esquire Suffolk County Attorney Richard J.
Zahnleuter, Esquire **
Building Number 158 Special Counsel to the Governor North County Complex of the State of New York j
Veterans Memorial Highway Executive Chamber Hauppauge, New York 11788 Room Number 229 Capitol Building Mr. Jay Dunkleburger Albany, New York 12224 New York State Energy Office Agency 13uilding Two Richard G. Bachmann, Esquire **
Empire State Plaza United States Nuclear Regulatory Albany, New York 1.2223 Commission Washington, D.
C.
20555 David A.
Brownlee, Esquire Mr. Stuart Diamond KIRKPATRICK & LOCKHART Business / Financial 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 West 43rd Street New York, New York 10036 Mr. Douglas J.
Hynes Councilman Town Board of Oyster Bay Town Hall Oyster Bay, New York 11771 l
1-4,k
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Ronald R. Ross KIRKPATRICK & LOCKHART 1800 "M"
- Street, N. W.
South Lobby - Ninth Floor Washington, D.
C.
20036-5891 1
- Via Hand Delivery
- Via Telecopy July 28, 1987 i
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