ML20238D052

Memorandum & Order (Ruling on Govt Motion for Addl Time to Respond to Lilco Realism Summary Disposition Motions).* ASLB Not Inclined to Grant Request for Response If NRC Rolling Schedule Proposal Adopted.Served on 871230

ML20238D052
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	12/28/1987
From:	Gleason J Atomic Safety and Licensing Board Panel
To:	SUFFOLK COUNTY, NY
References
CON-#188-5243 OL-3, NUDOCS 8801040074
Download: ML20238D052 (4)

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DOLKETED USNRC UNITED STATES OF AMERICA a

J NUCLEAR REGULATORY COMMISSION VI DEC 30 P2 57 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges: [0bbBRANCH f5IRN James P. Gleason, Chairman Dr. Jerry R. Kline j

Mr. Frederick J. Shon SERVED DEC 3 01987

)

In the Matter of ) Docket No. 50-322-OL-3

) (Emergency Planning)

LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, )

) December 28, 1987 Unit 1)

)

MEMORANDUM AND ORDER (Ruling on Governments' Motion for Additional Time to Respond to LILCO's " Realism" Sumary Disposition Motions I

In a motion filed by Interveners (Governments) on December 23, 1987, and responded to by NRC Staff and LILC0 on December 24, 1987, an ,

extension of 75 days for responding to LILC0's sumary disposition ,

i motions is requested. LILCO's response suggests a 21-day extension be granted and the NRC Staff, a rolling schedule of extensions of 5 to 39 days.

The Board grants herein an extension of time to respond to LILCO's motions to the following dates:

?R 4 871229 0 l0@{K0500o322 PDR 0502

i e

2 Sunmary Disposition Motion Response Date Contentions 1-10 with respect to 10 C.F.R. 50.47(c)(1)(1)(ii) January 18, 1988 Contentions 1., 2, and 9 on immateriality grounds February 1, 198R Other Contentions: 5 and 6, 1 and 2, 10, 4 and 9, 7 and 8 February 10, 1988 In its request, the Governments ground its motion for an extension on a variety of causes, in brief, the size and scope of LILCO's summary disposition motions, the seriousness of the legal authority issue, the failure of the Board to provide prior guidance and rulings on CLI-86-13 and the new amendm..nt to 10 C.F.R. 50.47(c)(1), the intervening holiday season and the prior commitments of the Governments' counsel.

LILCO, in objecting to an extension beyond February 1,1988, responds by challenging the Governments size and scope arguments, by citing the Governments' counsel and available witnesses extended experience in the proceeding, stating prior notice provided by LILC0 of the bases for its sunmary disposition, and claiming a lack of specificity to the prior conflicts claimed by Governments' counsel, setting forth the Commission's policy requiring parties to adhere to hearing schedules and alleging the pendency of several external factors reflecting that delays favor the Governments in this proceeding.

The NRC Staff cited the burdens of the existing filing requirements, the complexity of the issue, the matter of expert advice required and the number of LILC0 motions requiring simultaneous answers I

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I in recommending a rolling schedule for responding. Such a schedule, the NRC Staff contends, would permit pretrial activities to comence in the event that some or all of LILC0's sumary disposition motions were  !

rejected by the Board.

The Board sees no purpose to be served--and in view of the Governments' request for a prompt decision, no time--in supplying a lengthy answer to all the arguments raised by the parties in these filings. We are comanded by the Comission regulations and policy to manage license proceedings with fairness to the parties and with expediting its processes. This we have done. The NRC Staff's recommendation for a rolling schedule in responding to LILC0's motions has merit and with variations is utilized in our ruling. The arguments that are persuasive to the Board in the Governments' motion relate to the importance and crucial nature of the legal authority issue to the proceeding and the fact that a new Comission rule (10 C.F.R. 50.47(c)(1))--previously not interpreted nor applied--is the foundation for most of LILCO's . notions. We are also mindful that the seven motions for summary disposition have been filed at the beginning of an event-filled holiday season.

The Board has not been influenced in its judgment by the Governments' argument on the size or volume of the numerous filings.

LILC0 has accurately observed that a majority of its filings involved attachments, most of which are in the record or are official documents.

We make no coment herein on the Governments' position that its counsel has other schedule commit [nents, since they are unverified, nor LILCO's allegations concerning delay motivations on the part of the Governments.'

i-4 Neither effects our decision herein. The Board is not moved either to i

respond to the Governments repetitively expressed view of our obligation I

to provide guidance and rulings in connection with parties previous filings on CLI-86-13 and the new rule 10 C.F.R. 50.47(c)(1). This matter was referenced in our ruling of December 22, 1987. Our judgment is guided herein by the sole consideration of complying with the Comission's regulations and policy and providing fairness in equal measure to all parties.

The Board ruling herein is based on segregating the motions for sumary disposition not involving the Comission's' new rule from those that do.

Subsequent to our consideration of this matter, we received a communication from the Governments' counsel requesting an opportunity to respond if the Board intended to adapt the NRC Staff's " rolling" schedule proposal. We are not inclined to grant the request since such a recommendation could have been anticipated by the Governments, and in any event, we have not fully accepted the NRC Staff's recomended i

schedule, nor do we see the necessity for a single response.

IT IS SO ORDERED.

1 FOR THE ATOMIC SAFETY AND LICENSING BOARD rM (James P. Gleason, Chairman (

ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 28th day of December, 1987.

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