ML20236V726

NRC Staff Response to Lilcos Motion for Summary Disposition of Walk Radio Issue.* Intervenors Should Have Time to Submit Contentions on Lilcos New Public Notification Procedure. Motion Should Be Denied as Premature.W/Certificate of Svc

ML20236V726
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	11/30/1987
From:	Johnson G NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#487-4963 OL-3, NUDOCS 8712070030
Download: ML20236V726 (5)

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DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION "07 EC -3 All l43 BEFORE THE ATOMIC SAFETY AND LICENSING Rhlkhfsch[$[yy SRANCH In the Matter of )

)

LONG, ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

o. ) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

NRC STAFF RESPONSE TO LILCO'S MOTION FOR

SUMMARY

DISPOSITION OF THE WALK RADIO ISSUE

1. INTRODUCTION On November 6,1987 the Applicant moved for summary disposition of the " reopened WALK radio issue". For the reasons set forth herein the NRC Staff opposes this motion.

II. BACKGROUND in a motion of November 10, 1986, the Interveners asked, inter alla, that the Commission reopen the record because of the withdrawal of WALK Radio as the primary emergency broadcast system (EBS) station for the Shoreham emergency plan. Both the Applicant and the NRC Staff agreed that the withdrawal of WALK Radio justified reopening the record, but i

asked that the admission of contentions on this matter await Applicant's proposal to deal with the WALK situation. The Commission reopened the record on the EBS situation, and granted that request stating:

we believe it is premature to admit contentions on the EBS situation until LILCO provides updated information on public notification procedures that may elicit additional contentions. i l

1 kk2OjyyCK30 871130 ,

o 05000322 PDR 1 1

_________j

.o y id. at 4. The Commission concluded:

We remand to the Licensing Board on the reopened issue, with the Board to admit "new" contentions only to the extent they assist in focusing further the litigation on earlier admit-ted issues, and only after LILCO provides updated informa-tion on public information procedures.

Id. at 10.

On November 10, 1987, LILCO flied the subject motion for summary disposition of the " WALK radio issue." In that motion LILCO sets forth for the first time its proposafs for dealing with the EBS situation and proposes to use another radio station in lieu of WALK as the primary EBS station , as well as replacement of two of the four other radio stations which have withdrawn the Shoreham EBS network. Motion at 4-6. No l opportunity was provided to set forth new contentions on this new infor- I mation prior to the subject motion. Nor has there been an opportunity for the NRC Staff or the Federal Emergency Management Agency (FEMA) to review this information.

111. DISCUSSION The NRC Staff opposes the subject motion dealing with EBS issues in this proceeding. The Commission in CLI-87-05 indicated that an opportu-nity for the submission of "new" contentions was to be given "after LILCO provided updated information on public notification procedures."

CLi-87-05 at 4. Contentions on this subject were only to be admitted to

]

1 the exent they focused litigation on earlier admitted issues.

Id. at 10.

Here no opportunity to set forth contentions meeting the Commission's

' standards has been provided after LILCO provided its updated informa-l l

l 1

I

f.a tion on pub!!c notification procedures and it is premature to move to

' dispose of these matters.

The Interveners should have a reasonable time to submit proposed contentions on LILCO's new public notification procedures, subject to the requirements of the Commission. The parties would have an opportunity to oppose admission of these contentions. Should they be admitted, the parties would then have an opportunity to timely move for summary disposi-tion of those contentions. II IV. CONCLUSION For the above stated reasons, LILCO's motion for Summary disposition j l of the WALK radio issue should be denied as premature.

Respectfully submitted,

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George F/ Joh on Counsel Yor NRC Staff Dated at Bethesda, Maryland this 30th day of November,1987 i

1/ Further , until contentions meeting the Commission's tests are admit-ted in the proceeding, there are no matters in controversy and no

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matter to dispor,e of under 10 C.F.R. 5 2.749.

5 DocxE ttre USNEC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '87 EC -3 A11:43 BEFORE THE ATOMIC SAFETY AND LICENSIN(obNEN/((N BRANCH In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50 --32 2-O L-3

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO LILCO'S MOTION FOR

SUMMARY

DISPOSITION OF THE WALK RADIO ISSUE" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 30th day of November,1987. '

James P. Gleason, 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 Special Counsel to the Governor '

Atore:c Safety and Licensing Board Executive Chamber U.S. Nuclear Regulatory Commission State Capitol i 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 W. Taylor Reveley ill, Esq.

Federal Emergency Management Donald P. Irwin, Esq.

Agency Hunton & 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 1

l [ l Stephen B. Latham, Esq. Herbert H. Brown, Esq.

~

Twomey, Latham & Shea Lawrence Coe Lanpher, Esq.

Attorneys at Law Karla J. Letsche, Esq.

33 West Second Street Kirkpatrick & Lockhart Riverhead, NY 11901 South Lobby - 9th Floor

! 1800 M Street, NW I 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 Ashare, Esq. General Counsel Suffolk County Attorney Federal Emergency Manacement 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 Blenstock, Esq.

Department of Law Ms. Nora Bredes State of New York Shoreham Opponents Coalition Two World Trade Center 195 East Main Street Room 46-14 Smithtown, 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 Sect!on*

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 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

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f ge M/' &

Jphngon Y ~

Counsel or MC Staff

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