ML19269E366

Renews 790419 Request to File Supplemental Brief Or,In Alternative,To Reopen Record.Further Relief Will Be Sought After ASLB Has Received NRC Response to 790419 Order. Certificate of Svc Encl

ML19269E366
Person / Time
Site:	05000516, 05000517
Issue date:	05/16/1979
From:	Lick I SUFFOLK COUNTY, NY
To:
References
NUDOCS 7906270269
Download: ML19269E366 (6)

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--4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket Nos. 50-516

) 50-517 (Jamesport Nuclear Power Station, )

Units 1 and 2) )

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COUNTY OF SUFFOLK'S REPLY To i

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11 APPLICANTS' AND STAFF'S RESPONSES TO COUNTY MOTION FOR LEAVE TO FILE y ep$h p A SUPPLEMENTAL BRIEF Cu

're On April 19, 1979 the County of Suffolk filed a " Motion for Leave to File a Supplemental Brief" and therein asserted that several recent developments of critical significance to the issues under consideration, including the accident at the Three Mile Island plant in Penn-sylvania, necessitate- the submission of supplemental briefs. By pleading dated May 4, 1979, Applicants opposed this motion arguing, in substance, that because the develop-ments in question are not part of the decisional record no sound legal or policy basis exists for permitting the filing of supplemental legal briefs. Appli; ants also ar-gued that even if the County's =ction were construed to be a request to have the record in these proceedings reopened,

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the County had failed to make the detailed factual showing required to justify reopening. The Staff filed a responsive pleading on May 8, 1979 and therein requested an extension of its time to respond to June 8, 1979 on the grounds that its evaluation of the Three Mile Island accident should be com-pleted by such date thereby permitting substantive. response

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to the County's motion. Staff's m'otion was apparently granted by the Appeal Board on the date of its filing.

The County's oft stated position in this apoeal is that the application for cot.struction permits must be denied because the Applicants have utterly failed to carry their burden of proof under controlling provisions of the Atomic Energy Act and the National Environmental Policy Act.

The developments cited in the County's April 19, 19?? motion are confirmatory of the County's position and are directly supportive of various of the County's findings of fact and conclusions of law. Consistent with this position, the County has moved to. link the events leading up to the Three Mile Island accident, and several other significant developments, to the hearing record mad.e in this case. The Board must take official notice and give full evidentiary status to these developments otherwise the Board would reach the merits of a case .,f this impcrtance in an information-al vaccuum. Under these circumscances the County believes

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M the Board is vested with sufficient discretion to order the relief requested by the County.

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If, however, the Board agrees with the Applicant and finds that the information which forms the basis for the County's motion can only be properly addressed in re-opened hearings, then the County so moves and requests per-mission to make the requisite showing for the need for re-opened hearings. This position too is consietent with the County's previously-stated claim that, short of outright denial of the application, no substantive decision on this case can be reached absent a reopened hearing record to consider anew virtually every issue that has been litigated in these proceedings. See, County of Suffolk's Brief in Support of Exceotions, pp. 18-21, 33-34, 50-53 The develop-ments referred to in the County's motion reinforce this position.

In light of Staff's motion for interim relief, and the Board's favorable action thereon, the County believes

, it aporopriate to await the formulation and transmittal to the Board of Staff's position on the County's motion before pursuing any further relief. However, should the Board ultimately determine that supplemental briefs are not the appropriate mechanism for dealing with the developments set forth in the County's April 19, 1979 motion, the County

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Y 4 reserves its right to move for a reopened record in this proceeding and to engage in formal discovery of Applicants and Staff on the factual matters raised by its motion.

Respectfully Subn4eted, i f .l ' /

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Special Coynsel for the County of Suffolk Dated: May 16,1979

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,/ TES OF AMERICA NUC EA. as gLATORY COMMISSrog

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BEFORE THE ATOMIC SA. TY & $1' CENSING APPEAL BOARD In the. matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket Nos. 50-516 ig and ) 50-517 <r

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NEW YORK STATE ELECTRIC & )'

GAS CORPORATION ) *,,

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I hereby certify that on May 1., 1979, copies of County of'.Suffolk's Reply to Applicants' and Staff's Responses to County Motion for Leave 1to File.:_ Supplemental _Brief were sent first-class mail, postage pre-paid , to the follo~ wing:

Jerome E. Sharfman Bernard M..Bordenick, Esq.

Chairman U.S. Nuclear Regulatory Comm.

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Atomic Safety and Licensing Washington, D.C. 20555 Appeal' Board U.S. Nuclear Regulatory Comm. Edward J. Walsh, Jr., Esq.

Washington, D.C. 20555 Long Island Lighting Company 250 Old Country Road Richard S. Salzman Mineola, New York 11501 Member Atomic Safety & Licensing Appeal Sheldon J. Wolfe, Esq.

Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Washington, D.C. 20555 -

Dr. W. Reed Johnson Dr. Ralph S. Decker Member Route 1 Atomic Safety and Licensing P.O. Box 190 D Appeal Board Cambrid 6e, Maryland 21613 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Dr. E. Leonard cheatum Route #3, Box 350A U.S. Nuclear Regulatory CommissionWatkinsville, Georgia 30677 Office of the Secretary Washington, D.C. 20555 Mrs. Jean H. Tiedke 1035 Hobar Road Box 1103 Docketing & Service Section Southold, New York 11971 Office of the Secretary U.S. Nuclear' Regulatory Comm. Mrs. Laetitia deK. Bradley Washington, D.C. 20555 144 Quaker Path

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Setauket, New York 11733 J

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Ira Lee Zebrak, Esq. Jeffrey C. Cohen, Esq.

Huber, Magill, Lawrence g New York State Energy

& Farrell, Esqs. Office Swan Street Bldg. - Core.1 99 Park Avenue Empire State Plaza New York, New York 10016 Albany, New York 12223 W. Taylor Reveley, III, Esq.

Hunton & Williams Frederick. H. Lawrence, Esq.

P.O. Box 1535 Huber, Magill, Lawrence &

Richmond, Virginia 23212 Farrell, Esqs.

99 P. ark Avenue

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Dr. Harris Fischer New York, New York 10016 Suffolk County Department of Environmental Control Mrs. Shirley Bachrach 1324 Motor Parkway Dayton Road Hauppauge, New York 11787 Southold, New York 11971 Joseph C. Gramer, Esq.

Local 25, International Brotherhood of Electrical Workers, AFL-CIO 425 Broadhollow Road "~ -

Melville, New York 11746

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