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{{#Wiki_filter:COUNTY OF SUFFOLK DOCKETED USNRC STEVE LEVY SUFFOLK COUNTY EXECUTIVE CHRISTINE MALAFI COUNTY ATTORNEY March 18, 2005 (8:OOam) OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF DEPARTMENT OF LAW ADDRESS ALL COMMUNICATIONS IN THIS MATTER TO: . March 23, 2005 Michael C. Farrar, Chief Peter S. Lam, Administrative Judge Alan S. Rosenthal, Administrative Judge Atomic Safety & Licensing Board Panel Mail Stop T-3F23 U.S. Nuclear Regulatory Coinmission Washington, DC 20555-000 1 Re: In the Matter of Dominion Nuclear Connectic~lt Inc. (Millstone Power Station, Units 2 & 3) Docket Nos. 50-336, 50-423, ASLBP No. 05-837-01 -LR Suffolk County's Reply and Request for Waiver of Commission Regulations - Dominion Nuclear Coimecticut's Response and NRC Staff Motion to Strike Honorable Sirs: This letter is sent to address the issue of the delay in the County's Reply. The delay of three (3) days was inadvertent and poses no prejudice to the position of Dominion Nuclear Connecticut, Inc.
{{#Wiki_filter:COUNTY O F SUFFOLK                                       DOCKETED USNRC March 18, 2005 (8:OOam)
1 take issue with Dominion's Nuclear Connecticut's characterization of the delay as a "disregard" of Nuclear Regulatory Commission (hereinafter, "N.R.C.) adjudicatory procedures worthy of sanctions. The papers should neither be dismissed, nor stricken.
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF STEVE LEVY SUFFOLK COUNTY EXECUTIVE CHRISTINE MALAFI                                                        DEPARTMENT OF L A W COUNTY ATTORNEY ADDRESS ALL COMMUNICATIONS IN THIS MATTER TO:
Moreover, the County's request for a waiver of regulation contained in 10 C.F.R. $50.47(a)(l) is directly related to the argument raised initially by the County's Petition, that the subject regulation did not protect adequately public safety and that the County's claims on the health and safety issues should be heard. While the County may not have cited the proper procedural regulation for a waiver in the Petition, the argument for not applying the regulation in this proceeding was clearly raised at that time. In any event, Dominion Nuclear Connecticut and the N.R.C. Staff have now submitted papers that answered the County's Request for a Waiver, and thus, have not been prejudiced by the County's request. LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. P.O. BOX 6 100 + (63 1) 853-4049 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099  
      .     March 23, 2005 Michael C. Farrar, Chief Peter S. Lam, Administrative Judge Alan S. Rosenthal, Administrative Judge Atomic Safety & Licensing Board Panel Mail Stop T-3F23 U.S. Nuclear Regulatory Coinmission Washington, DC 20555-000 1 Re:     In the Matter of Dominion Nuclear Connectic~ltInc.
+ TELECOPlER (63 1) 853-5 169 Page 2 March 23, 2005 Michael C. Farrar, Chief Fu~tlien~ore, it docs not appear that any party will be prejudiced by thc delay, since thc subject iiccnses do not expire for many years. I respectfully ask that the issues in [he County's Petition be decided on the merits, despite the three (3) day delay. The issues concern public health and safety, issues central to the purpose of N.R.C. regulatory authority.
(Millstone Power Station, Units 2 & 3)
Thc County of Suffolk should be granted intervenor status in this proceeding because the County represciits thc people of Suffolk County. 'Their concerns should no1 be dismissed on a procedural technicality.
Docket Nos. 50-336, 50-423, ASLBP No. 05-837-01 -LR Suffolk County's Reply and Request for Waiver of Commission Regulations -
On this basis, I respectf~illy request that thc Board excuse the delay and consider the County's papers as submitted.
Dominion Nuclear Coimecticut's Response and NRC Staff Motion to Strike Honorable Sirs:
Very truly yours, Christine Malafi Suffolk County Attoiney By: Jennifer B. Kohn, Assistant County Attomcy /' cc: [office of the Secretary, Rulemakings and Adjudication Staff, U.S.N.R.C Office of the Commission Appellate Adjudication, U.S.N.R.C.
This letter is sent to address the issue of the delay in the County's Reply. The delay of three (3) days was inadvertent and poses no prejudice to the position of Dominion Nuclear Connecticut, Inc.       1 take issue with Dominion's Nuclear Connecticut's characterization of the delay as a "disregard" of Nuclear Regulatory Commission (hereinafter, "N.R.C.) adjudicatory procedures worthy of sanctions. The papers should neither be dismissed, nor stricken.
Moreover, the County's request for a waiver of regulation contained in 10 C.F.R.
            $50.47(a)(l) is directly related to the argument raised initially by the County's Petition, that the subject regulation did not protect adequately public safety and that the County's claims on the health and safety issues should be heard. While the County may not have cited the proper procedural regulation for a waiver in the Petition, the argument for not applying the regulation in this proceeding was clearly raised at that time. In any event, Dominion Nuclear Connecticut and the N.R.C. Staff have now submitted papers that answered the County's Request for a Waiver, and thus, have not been prejudiced by the County's request.
LOCATION                                           MAILING ADDRESS H. LEE DENNISONBLDG.
100 VETERANS MEMORIAL HIGHWAY          +            P.O. BOX 6 1 0 0 HAUPPAUGE, NY 1 1788-0099         +                     (63 1 ) 853-4049 TELECOPlER (63 1 ) 853-5 169
 
Page 2 March 23, 2005 Michael C. Farrar, Chief F u ~ t l i e n ~ o riet ,docs not appear that any party will be prejudiced b y thc delay, since thc subject iiccnses do not expire for many years. I respectfully ask that the issues in [he County's Petition be decided on the merits, despite the three (3) day delay. The issues concern public health and safety, issues central to the purpose of N.R.C. regulatory authority. Thc County of Suffolk should be granted intervenor status in this proceeding because the County represciits thc people of Suffolk County. 'Their concerns should no1 be dismissed on a procedural technicality. On this basis, I respectf~illyrequest that thc Board excuse the delay and consider the County's papers as submitted.
Very truly yours, Christine Malafi Suffolk County Attoiney By: Jennifer B. Kohn, Assistant County Attomcy
          /'
cc:     [office of the Secretary, Rulemakings and Adjudication Staff, U.S.N.R.C Office of the Commission Appellate Adjudication, U.S.N.R.C.
David R. Lewis, Esq., Shaw Pittman LLP Lillian M. Cuoco, Esq., Millstone Nuclear Power Station Catherine L. Marco, Esq., Office of the General Counsel Margaret Bupp, Esq., Office of the General Counsel Brook D. Poole. Counsel for NRC Staff}}
David R. Lewis, Esq., Shaw Pittman LLP Lillian M. Cuoco, Esq., Millstone Nuclear Power Station Catherine L. Marco, Esq., Office of the General Counsel Margaret Bupp, Esq., Office of the General Counsel Brook D. Poole. Counsel for NRC Staff}}

Revision as of 23:46, 23 November 2019

2005/03/23-Letter from Steve Levy, Suffolk Co. to Michael Farrar, ASLBP, Suffolk County'S Reply and Request for Waiver of Commission Regulations. Dominion Nuclear Conneticut'S Response and NRC Staff Motion
ML060310673
Person / Time
Site: Millstone  Dominion icon.png
Issue date: 03/23/2005
From: Levy S
Suffolk County, NY
To: Mike Farrar
Atomic Safety and Licensing Board Panel
SECY RAS
References
50-336/423-LR, ASLBP 05-837-01-LR, RAS 9658
Download: ML060310673 (2)
v • d • e


Text

COUNTY O F SUFFOLK DOCKETED USNRC March 18, 2005 (8:OOam)

OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF STEVE LEVY SUFFOLK COUNTY EXECUTIVE CHRISTINE MALAFI DEPARTMENT OF L A W COUNTY ATTORNEY ADDRESS ALL COMMUNICATIONS IN THIS MATTER TO:

. March 23, 2005 Michael C. Farrar, Chief Peter S. Lam, Administrative Judge Alan S. Rosenthal, Administrative Judge Atomic Safety & Licensing Board Panel Mail Stop T-3F23 U.S. Nuclear Regulatory Coinmission Washington, DC 20555-000 1 Re: In the Matter of Dominion Nuclear Connectic~ltInc.

(Millstone Power Station, Units 2 & 3)

Docket Nos. 50-336, 50-423, ASLBP No. 05-837-01 -LR Suffolk County's Reply and Request for Waiver of Commission Regulations -

Dominion Nuclear Coimecticut's Response and NRC Staff Motion to Strike Honorable Sirs:

This letter is sent to address the issue of the delay in the County's Reply. The delay of three (3) days was inadvertent and poses no prejudice to the position of Dominion Nuclear Connecticut, Inc. 1 take issue with Dominion's Nuclear Connecticut's characterization of the delay as a "disregard" of Nuclear Regulatory Commission (hereinafter, "N.R.C.) adjudicatory procedures worthy of sanctions. The papers should neither be dismissed, nor stricken.

Moreover, the County's request for a waiver of regulation contained in 10 C.F.R.

$50.47(a)(l) is directly related to the argument raised initially by the County's Petition, that the subject regulation did not protect adequately public safety and that the County's claims on the health and safety issues should be heard. While the County may not have cited the proper procedural regulation for a waiver in the Petition, the argument for not applying the regulation in this proceeding was clearly raised at that time. In any event, Dominion Nuclear Connecticut and the N.R.C. Staff have now submitted papers that answered the County's Request for a Waiver, and thus, have not been prejudiced by the County's request.

LOCATION MAILING ADDRESS H. LEE DENNISONBLDG.

100 VETERANS MEMORIAL HIGHWAY + P.O. BOX 6 1 0 0 HAUPPAUGE, NY 1 1788-0099 + (63 1 ) 853-4049 TELECOPlER (63 1 ) 853-5 169

Page 2 March 23, 2005 Michael C. Farrar, Chief F u ~ t l i e n ~ o riet ,docs not appear that any party will be prejudiced b y thc delay, since thc subject iiccnses do not expire for many years. I respectfully ask that the issues in [he County's Petition be decided on the merits, despite the three (3) day delay. The issues concern public health and safety, issues central to the purpose of N.R.C. regulatory authority. Thc County of Suffolk should be granted intervenor status in this proceeding because the County represciits thc people of Suffolk County. 'Their concerns should no1 be dismissed on a procedural technicality. On this basis, I respectf~illyrequest that thc Board excuse the delay and consider the County's papers as submitted.

Very truly yours, Christine Malafi Suffolk County Attoiney By: Jennifer B. Kohn, Assistant County Attomcy

/'

cc: [office of the Secretary, Rulemakings and Adjudication Staff, U.S.N.R.C Office of the Commission Appellate Adjudication, U.S.N.R.C.

David R. Lewis, Esq., Shaw Pittman LLP Lillian M. Cuoco, Esq., Millstone Nuclear Power Station Catherine L. Marco, Esq., Office of the General Counsel Margaret Bupp, Esq., Office of the General Counsel Brook D. Poole. Counsel for NRC Staff

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