ML20238D092
| ML20238D092 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 12/28/1987 |
| From: | Johnson G NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#188-5256 OL-3, NUDOCS 8801040095 | |
| Download: ML20238D092 (5) | |
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12/28/87
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00CKETED V5NRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 87 EC 30 P9:06 BEFORE THE ATOMIC SAFETY AND LICENSING BOARIDFFICE Of SECEr_TW U0CKETING A SEi(VICT:
BRAllCH in the Matter of
)
)
LONG ISLAND
- lGHTING COMPANY
)
Docket No.
50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
NRC STAFF RESPONSE TO INTERVENERS' MOTION FOR ADDITIONAL TIME TO RESPOND TO LILCO'S SEVEN " REALISM"
SUMMARY
DISPOSITION MOTIONS 1.
INTRODUCTION On December 23, 1987, the NRC Staff received Suffolk County, State of New York, and Town of Southampton Motion for Additional Time to Respond to LI LCO's Seven
" Realism" Summary Disposition Motions"
(" Interveners' Motion").
The Staff was informed by counsel for Interveners that the Licensing Board requested any Staff response by December 24, 1987.
The Staff below responds with its views on the timing of answers to the seven LILCO motions.
II.
DISCUSSION The motions and supporting documentation are almost 500 pages long.
Review of the extensive documentation accompanying the moticns and reply to these motions by January 11, 1988, the present date for reply, do not appear feasible.
The Staff has considered the following factors in forming its views as to the merits of Interveners' Motion:
8801040095 871228' PDR ADOCK 05000322
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.. t (1) the need for expert advice and consultation with experts and affiants and their likely availability during the period for answer; (2) the complexity of the issue, including whether both legal as well as factual questions are raised, the number of material facts required to be considered; (3) the current availability of all facts upon which LILCO relies or which may be needed to answer the motion; (4) the burden of responding to seven motions simultaneously, in addition to other pending motions or pleading obligations; and (5) the existence of previously existing plans and obligations of the parties.
The above factors impact differently upon the motions in question.
As a result, determination of the appropriateness of additional time leads the Staff to propose the following schedule for answer:
January 15, 1988 Contentions 1-10 With Respect to 10 C. F. R. Section 50.47(c)(1)(i) and (ii)
January 22, 1988 Contentions 4 and 9 Contention 10 January 29, 1988, Contentions 1 and 2 or 30 days after (Directing Traffic) the referenced but as yet unserved Revision 9 to the LILCO EP is received, whichever is later February 5,1988 Contentions 1, 2 and 9 -
Immateriality February 12, 1988 Contentions 7 and 8 February 19, 1988 Contentions 5 and 6 A rolling schedule such as proposed above would allow the Licensing Board to rule on the individual motions without waiting for answers on them all.
If summary disposition were to be rejected as to any particular i
l l
.. S.
motion, then the, Board could order discovery or other appropriate pretrial actions to proceed as to issues determined to be not subject to summary resolution.
111.
CONCLUSION The should extend the time available for the parties to respond to the LILCO motions for summary disposition of realism issues in accordance with the above-proffered schedule.
Res ctfully submitted Wtd orge E Joh s n Counsel or Staff Dated at Bethesda, Maryland this 24th day of December,1987*
- The Staff's Certificate of Service will follow, on Monday, December 28, 1987.
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-_-_______:_____=_____
DOLKEIED U5NRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION.g7 KC 30 P9 $6 BEFORE THE ATOMIC SAFETY AND LICENSING 0 BOARD SE*W ggcniioG A SE9VICL BRANCH In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No.
5 0-322-O L-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
CERTIFICATE OF SERVICE 1 hereby certify that copies of "NRC STAFF RESPONSE TO INTERVENERS' MOTION FOR ADDITIONAL TIME TO RESPOND TO LILCO'S SEVEN " REALISM"
SUMMARY
DISPOSITION MOTIONS" in the above-captioned proceeding have been served on the following by deposit in the United States mall, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 28th day of December 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 Atomic Safety and Licensing Board Executive Chamber U.S. Nuclear Regulatory Commission State Capitol 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
'J.S. Nuclear Regulatory Commission Three Empire State Plaza Washington, DC 20555 Albany, NY 12223 Philip McIntire W. Taylor Reveley lli, Esq.
Federal Emergency Management Donald P. Irwin, Esq.
Agency Hunton r, 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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f i '
Stephen B. Latham, Esq.
Herbert H. Brown, Esq.
l Twomey, Latham 6 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 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 Management 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 F.O. Box 231 of New York Wading River, NY 11792 Attn:
Peter Bienstock, 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 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 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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ih,fa.et hM 1
Edwin J.,,Reis Deputy Assistant General Counsel I
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