ML20236R780
| ML20236R780 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 11/18/1987 |
| From: | Lanpher L, Latham S, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY, TWOMEY, LATHAM & SHEA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#487-4874 CLI-86-13, OL-3, NUDOCS 8711240025 | |
| Download: ML20236R780 (9) | |
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November 18,19 E3:
cu un iy FJ:22 UNITED STATES OF AMERICA 0FRCE Of SMm f.
NUCLEAR REGULATORY COMMISSION 00CXEilNG A SEirVIC BRANCH Before the Atomic Safety and Licensino 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)
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(Shoreham Nuclear Power Station,
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Unit 1)
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l SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON MOTION FOR EXTENSION OF TIME Suffolk County, the State of New York, and the Town of Southampton hereby move the Board to grant an extension of time 1
to file their. reply brief in the CLI-86-13 remand proceeding.
l Under the Board's November 9 Order, the Governments' reply brief
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is now due to be filed next Tuesday, November ~24.
The Govern-ments move for an extension of 10 days until' December 4, 1987.
I The Governments suggest that the Staff and LILCO reply briefs I
also be due on December 4.
Our reasons follow.
l 8711240025 871118 l
PDR ADOCK 05000322 0
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On October 30, the parties filed their initial briefs in i
response to the Board's October 8 Memorandum to the Parties asking for the parties' views on the CLI-86-13 remand proceeding.
LILCO filed a brief of 18 pages; the Staff filed 17 pages;'and I
i the Governments filed 14 pages.
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I The Commission's new rule intervened in the briefing schedule, prompting the Board (after receipt of the parties' viewsl) to alter the previous schedule.
Thus, on November 6 the Board set the following schedule:
November 17, briefs were to be filed addressing the effect of the new rule on the CLI-86-13 proceeding; and, on November 24, reply briefs were to be filed addressing the briefs.of October 30 and November 27.
Late yesterday and early today, the Governments received the LILCO and Staff briefs.
The Staff's supplemental brief addresses l
the impact of the new rule in 7 pages.
In size, this is consistent with the Governments' supplemental brief, which was 9 pages.
However, LILCO's supplemental brief is of a different order of magnitude:
it consists of 41 pages of argument and' l
1 historical discussion (much of which is seriously misleading and l
incomplete).
It hardly constitutes a supplemental brief 1
Proposed Joint Briefing Schedule on Realium Issues Pursuant l
to the Board's October 30, 1987, Order, dated November 6, 1987.
The parties' November 6 filing stated:
"[t]he parties agree that none of~them has waived any rights it may have to seek an extension of time to file its November 24 reply for good cause, j
to be shown on the basis of the other parties' November 17 filings."
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-i addressing the limited question of the impact of the new rule on
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the remand proceeding; rather, as LILCO acknowledges, it is a brief which " anticipates" yet another (i.et, the fourth) of j
1 LILCO's summary' disposition motions on the legal authority l
'1 contentions.
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The Governments recognize that the Board issued an order on j
November 16 (received by the Governments today) which has the effect of barring LILCO from filing another summary disposition motion (at least until December 15).2 Yet, LILCO's supplemental brief still must be answered (at least to the extent it addresses the new rule).
LILCO's supplemental brief goes far beyond what any other party filed, and certainly far beyond what the Governments contemplated when the briefing schedule was proposed.
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Sgg note 1.
Even a cursory review of LILCO's brief by the Board I
should confirm that substantial time is necessary to respond to it.
A complete response cannot be prepared by next Tuesday, November 24.3 Thus, the Board should grant this Motion.
2 In the Board's November 16 Order, it directed that
"[s]cheduled responses to pending matters should be filed on dates previously ordered."
That Order was issued before the Board had seen LILCO's supplemental brief.
Thus, we do not read that Order to have precluded the Governments from seeking this extension.
3 Not surprisingly, the Governments have not yet decided precisely how they will respond to the LILCO brief.
It is clear to the Governments, at a minimum, that substantial time will be required to decide what response is appropriate.
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The 10-day extension sought by the Governments is justified not just by the length and nature of LILCO's supplemental brief.
The intervening Thanksgiving holiday and the need to respond to LILCO's EBS summary disposition motion on November 30, further 1
justify an e:: tension until December 4.
1 The Governments recognize that the new Chairman stayed the filing of new matters in order to allow him time to review the record in this case.
We respectfully suggest that a delay in the l
CLI-86-13 reply briefs until December 4 will not adversely affect I
that review, given the other docketed matters which also will need to be considered (such as the reception center issues, recent and anticipated school bus driver, EBS, and 25% power filings, and the history of this proceeding).
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l Counsel for Suffolk County spoke with LILCO's and the Staff's counsel regarding this motion.
LILCO and the Staff will advise the Soard of their positions on this motion by close of business Thursday, November 19. I
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We respectfully request a ruling on this Motion no later i
i than Friday, November 20, and that all counsel be advised as soon as possible of the Board's ruling by telephone.
Respectfully submitted,
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Martin Bradley Ashare l
Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 i
Amad Y
erbert H.
Brown /
Lawrence Coe Lanpher Karla J. Letsche KIRKPATRICK & LOCKHART i
1800 M Street, N.W.
South Lobby - 9th Floor i
Washington, D.C. 20036-5891 Attorneys for Suffolk County Y6evN Pabian G.
Palomino Special Counsel to the Governor of the State of New York Executive Chamber, Room 229 Capitol Building Albany, New York 12224 Attorney for Mario M.
- Cuomo, Governor of the State of New York j
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ftepften B. Latham
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.Twomey,-Latham & Shea-P.O.
Box 398 433 West Second Street Riverhead, New York ' 11901 Attorney.for the Town'of Southampton i
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f DOCKETED USNRC
.j November 18, 1987
'87 NOV 19 P3 :22 i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE Of SELHETAFV 00CKETING A SERVICf.
I Before the Atomic Safety and Licensina Board BRANCH i
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In the Matter of
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I LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-3
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(Emergency Planning)
I (Shoreham Nuclear Power Station,
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l Unit 1)
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CERTIFICATE OF SERVICE i
I hereby certify that copies of SUFFOLK COUNTY, STATE OF i
NEW YORK, AND TOWN OF SOUTHAMPTON MOTION FOR EXTENSION OF TIME j
l have been served.on the following this 18th day of November 1987 by U.S. mail, first class, except as otherwise noted.
l James P. Gleason, Chairman
- Mr. Frederick J.
Shon*
Atomic Safety and Licensing Board Atomic Safety and Licensing Board 513 Gilmoure Drive U.S. Nuclear Regulatory. Commission Silver Spring, Maryland 20901 Washington, D.C.
20555 Dr. Jerry R. Kline*
William R. Cumming, Esq.
Atomic Safety and Licensing Board Spence W. Perry, Esq.-
U.S. Nuclear Regulatory Commission Office of General Counsel Washington, D.C.
20555 Federal Emergency Management' Agency 500 C Street, S.W.,
Room 840' Washington, D.C.
20472 i
i i_____.___________.______________________
s Fabian G. Palomino, Esq.
W. Taylor Reveley, III, Esq.**
Richard J.
Zahleuter, Esq.
Hunton & Williams Special Counsel to the Governor P.O.
Box 1535 Executive Chamber, Rm. 229 707 East Main Street State Capitol Richmond, Virginia 23212 Albany, New York 12224 Joel Blau, Esq.
Anthony F. Earley, Jr.,
Esq.
Director, Utility Intervention General Counsel N.Y. Consumer Protection Board Long Island Lighting Company Suite 1020 175 East Old Country Road Albany, New York 12210 Hicksville, New York 11801 Martin Bradley Ashare, Esq.
Ms. Elisabeth Taibbi, Clerk Suffolk County Attorney Suffolk County Legislature Bldg. 158 North County Complex Suffolk County Legislature Veterans Memorial Highway Office Building Hauppauge, New York 11788 Veterans Memorial Highway j
Hauppauge, New York 11788 Mr.
L. F.
Britt Stephen B.
Latham, Esq.
Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power Station 33 West Second Street North Country Road Riverhead, New York 11901
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Wading River, New York 11792 l
Ms. Nora Bredes Docketing and Service Section Executive Director Office of the Secretary l
Shoreham Opponents Coalition U.S.
Nuclear Regulatory Comm.
l 195 East Main Street 1717 H Street, N.W.
Smithtown, New York 11787 Washington, D.C.
20555 Mary M. Gundrum, Esq.
Hon. Michael A.
LoGrande New York State Department of Law Suffolk County Executive l
120 Broadway, 3rd Floor H. Lee Dennison Building I
Room 3-116 Veterans Memorial Highway New York, New York 10271 Hauppauge, New York 11788 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee l
Suite K P.O.
Box 231 San Jose, California 95125 Wading River, New York 11792 Mr. Jay Dunkleburger Edwin J. Reis, Esq.**
New York State Energy Office George E. Johnson, Esq.
Agency Building 2 U.S. Nuclear Regulatory Comm.
Empire State Plaza Office of General Counsel Albany, New York 12223 Washington, D.C.
20555 G
1 David A.
Brownlee, Esq.
Mr. Stuart Diamond i
Kirkpatrick & Lockhart Business / Financial-j 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 W.
43rd Street New York,.New York 10036 Douglas J. Hynes, Councilman Mr./Phil'ip McIntire l
Town Board of Oyster Bay Federal Emergency Management 1
Town Hall Agency Oyster Bay, New York 11771 26 Federal Plaza' New York, New York 10278 I
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Y Lawrence Coe.Lanphir:
.KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South. Lobby - 9th Floor i
Washington, D.C.
20036-5891 By Hand By Telecopy I
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