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o LILCO, Nerch 18, 1985
o dI LILCO, Nerch 18, 1985 UNITED STATES OF AMERICA C8SMIED NUCLEAR REGULATORY COMMISSION
    ,  dI UNITED STATES OF AMERICA         C8SMIED NUCLEAR REGULATORY COMMISSION
'65 N Before the Atomic Safety and Licensing Boa'r'd'db P2 61
                                                                  '65 N P2 61 Before the Atomic Safety and Licensing Boa'r'd'db
? J:
                                                                ? J:     ...mm.
...mm.
In the Matter of                       )                 ~ , E.-f
In the Matter of
                                                  )
)
LONG ISLAND LIGHTING COMPANY           ) Docket No. 50-322-OL-3
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                                                  )   (Emergency Planning (Shoreham Nuclear Power Station,       ) Proceeding)
)
Unit 1)                             )             --  .  - -    .
LONG ISLAND LIGHTING COMPANY
LILCO'S RESPONSE TO INTERVENORS' NOTICE OF INTENTION TO FILE REPLY MEMORANDUM LILCO has received, on Saturday, March 16, Intervenors' March 13 " Notice of Intention to File Reply Memorandum" on issues relat-ed to LILCO's designation of the Nassau Coliseum as a reception center. The " Notice" is ostensibly based on an unpublished A,ppeal Board Order of February 13 in the Waterford case.
)
Only this Board can state dispositively what pleadings it contemplated in its January 28 Order, although it is clear that the last pleading permitted on the face of that Order was LILCO's Response of February 26.     The only other thing that appears clear is that unless this Board summarily disposes of the Coliseum mat-ter on the basis of the substantive pleadings before it, several more weeks, and probably months, will elapse before it is decid-ed.1 1   LILCO does not concede that Intervenors have shown good cause for filing any further papers on the Coliseum matter, but has not addressed either this question or the substantive allegations in Intervenors' March 1 paper because that paper appeared plainly unauthorized. In the event the Board permits Intervenors to file the substantive response presaged by their March 13 " Notice,"
Docket No. 50-322-OL-3
)
(Emergency Planning (Shoreham Nuclear Power Station,
)
Proceeding)
Unit 1)
)
LILCO'S RESPONSE TO INTERVENORS' NOTICE OF INTENTION TO FILE REPLY MEMORANDUM LILCO has received, on Saturday, March 16, Intervenors' March 13 " Notice of Intention to File Reply Memorandum" on issues relat-ed to LILCO's designation of the Nassau Coliseum as a reception center.
The " Notice" is ostensibly based on an unpublished A,ppeal Board Order of February 13 in the Waterford case.
Only this Board can state dispositively what pleadings it contemplated in its January 28 Order, although it is clear that the last pleading permitted on the face of that Order was LILCO's Response of February 26.
The only other thing that appears clear is that unless this Board summarily disposes of the Coliseum mat-ter on the basis of the substantive pleadings before it, several more weeks, and probably months, will elapse before it is decid-ed.1 1
LILCO does not concede that Intervenors have shown good cause for filing any further papers on the Coliseum matter, but has not addressed either this question or the substantive allegations in Intervenors' March 1 paper because that paper appeared plainly unauthorized.
In the event the Board permits Intervenors to file the substantive response presaged by their March 13 " Notice,"
LILCO requests permission, consistent with the Appeal Board's February 13 Waterford Order, to reply substantively before the Board rules.
LILCO requests permission, consistent with the Appeal Board's February 13 Waterford Order, to reply substantively before the Board rules.
8503210174 850318 PDR ADOCK 05000322 PDR G
8503210174 850318 PDR ADOCK 05000322 PDR
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[ [o]
G


2 LILCO-continues to believe that the Board should summarily dispose of the issue on the basis of the papers specifically au-thorized by its January 28 Order, and then return to the task from which_ time, events and the Intervenors' pot-stirring tactics con-tinue to-divert it, namely, completion of its Initial Decision on the record which closed in August 1984.
2 _
In any'other event, LILCO urges that the Board sever this issue from those covered in the record which closed last August, finish and issue its Partial Initial Decision on those issues, and then pick up this tag-end issue, along with any others which may drift in, in proceedings this spring and summer. Two such issues would be the " injured contaminated" issue based on the record from the GUARD v. NRC case (if it ever becomes ripe) and the results of the graded FEMA emergency planning exercise. Since opportunity must be afforded for litigation of the FEMA exercise before LILCO can proceed beyond 5% power, it is simply more efficient to com-bine litigation of these issues at one time.
LILCO-continues to believe that the Board should summarily dispose of the issue on the basis of the papers specifically au-thorized by its January 28 Order, and then return to the task from which_ time, events and the Intervenors' pot-stirring tactics con-tinue to-divert it, namely, completion of its Initial Decision on the record which closed in August 1984.
Respectfully submitted, LONG ISLAND LIGHTING COMPANY BY    l p,/
In any'other event, LILCO urges that the Board sever this issue from those covered in the record which closed last August, finish and issue its Partial Initial Decision on those issues, and then pick up this tag-end issue, along with any others which may drift in, in proceedings this spring and summer.
                                          ' Donald P. Irwin
Two such issues would be the " injured contaminated" issue based on the record from the GUARD v. NRC case (if it ever becomes ripe) and the results of the graded FEMA emergency planning exercise.
                                                            --s s James N. Christman Hunton & Williams P.O. Box 1535 707 East Main Street Richmond, VA 23219 DATED:   March 18, 1985
Since opportunity must be afforded for litigation of the FEMA exercise before LILCO can proceed beyond 5% power, it is simply more efficient to com-bine litigation of these issues at one time.
Respectfully submitted, LONG ISLAND LIGHTING COMPANY p,/
BY l
--s s
' Donald P.
Irwin James N. Christman Hunton & Williams P.O. Box 1535 707 East Main Street Richmond, VA 23219 DATED:
March 18, 1985


0-LILCO, March 18, 1985 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
0-LILCO, March 18, 1985 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 I hereby certify that copies of LILCO'S RESPONSE TO INTER-VENORS' NOTICE OF INTENTION TO FILE REPLY MEMORANDUM were served this date upon the following by first-class mail, post-age prepaid or, as indicated by an asterisk, by Federal Ex-press, or, as indicated by two asterisks, by hand:
Docket No. 50-322-OL-3 I hereby certify that copies of LILCO'S RESPONSE TO INTER-VENORS' NOTICE OF INTENTION TO FILE REPLY MEMORANDUM were served this date upon the following by first-class mail, post-age prepaid or, as indicated by an asterisk, by Federal Ex-press, or, as indicated by two asterisks, by hand:
Morton B. Margulies,**                 Secretary of the Commission Chairman                             U.S. Nuclear Regulatory Atomic Safety rand Licensing               Commission Board                               Washington, D.C. 20555 U.S. Nuclear Regulatory Commission                           Atomic Safety and Licensing East-West Tower, Rm. 402A                 Appeal Board Panel 4350' East-West Hwy.                   U.S. Nuclear Regulatory Bethesda, MD       20814                 Commission
Morton B. Margulies,**
                                              . Washington, D.C. 20555 Dr. Jerry R. Kline**
Secretary of the Commission Chairman U.S.
Atomic Safety and Licensing           Atomic Safety and Licensing Board                                   Board Panel U.S. Nuclear Regulatory               U.S. Nuclear Regulatory
Nuclear Regulatory Atomic Safety rand Licensing Commission Board Washington, D.C.
        ~ Commission                           Commission East-West Tower, Rm. 427               Washington, D.C. 20555 4350 East-West Hwy.
20555 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing East-West Tower, Rm. 402A Appeal Board Panel 4350' East-West Hwy.
Bethesda, MD       20814               Bernard M. Bordenick, Esq.**
U.S.
Nuclear Regulatory Bethesda, MD 20814 Commission
. Washington, D.C.
20555 Dr. Jerry R. Kline**
Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory
~ Commission Commission East-West Tower, Rm. 427 Washington, D.C.
20555 4350 East-West Hwy.
Bethesda, MD 20814 Bernard M. Bordenick, Esq.**
Oreste Russ Pirfo, Esq.
Oreste Russ Pirfo, Esq.
Mr. Frederick J. Shon**               Edwin J. Reis, Esq.
Mr. Frederick J.
Atomic Safety and Licensing           U. S. Nuclear Regulatory Board                                 Commission
Shon**
      'U.S. Nuclear Regulatory                 7735 Old Georgetown Road Commission                           (to mailroom)
Edwin J.
East-West Tower, Rm. 430               Bethesda, MD   20814 4350 East-West Hwy.
Reis, Esq.
Bethesda, MD       20814
Atomic Safety and Licensing U.
S. Nuclear Regulatory Board Commission
'U.S. Nuclear Regulatory 7735 Old Georgetown Road Commission (to mailroom)
East-West Tower, Rm. 430 Bethesda, MD 20814 4350 East-West Hwy.
Bethesda, MD 20814


v.
v.
t
t
    \.                                                           .
\\..
      ~ Donna Duer, Esq.**                 Stewart M. Glass, Esq.*
~ Donna Duer, Esq.**
Attorney                           Regional Counsel Atomic Safety and Licensing         Federal Emergency Management Board Panel                         Agency U. S. Nuclear Regulatory           26 Federal Plaza, Room 1349 Commission                       New York, New York     10278 East-West-Tower, North Tower 4350 East-West Highway             Stephen B. Latham, Esq.*
Stewart M. Glass, Esq.*
Bethesda, MD   20814               Twomey, Latham & Shea 33 West Second Street Fabian G. Palomino, Esq.*           P.O. Box 398 Special Counsel to the             Riverhead, New York 11901 Governor Executive Chamber                   Ralph Shapiro, Esq.*
Attorney Regional Counsel Atomic Safety and Licensing Federal Emergency Management Board Panel Agency U.
Room 229                           Cammer & Shapiro, P.C.
S. Nuclear Regulatory 26 Federal Plaza, Room 1349 Commission New York, New York 10278 East-West-Tower, North Tower 4350 East-West Highway Stephen B.
State Capitol                       9 East 40th Street Albany, New York   12224           New York, New York     10016 Mary Gundrum, Esq.*                 James Dougherty, Esq.
Latham, Esq.*
Assistant Attorney General         3045 Porter Street 2 World Trade Center               Washington, D.C. 20008 Room 4614 New York, New York 10047           Jonathan D. Feinberg, Esq.
Bethesda, MD 20814 Twomey, Latham & Shea 33 West Second Street Fabian G.
New York State Department of Herbert H. Brown, Esq.*             Public Service, Staff Counsel Lawrence Coe Lanpher, Esq.         Three Rockefeller Plaza Christopher McMurray, Esq.         Albany, New York 12223 Kirkpatrick & Lockhart 8th Floor                           Spence W. Perry, Esq.
Palomino, Esq.*
1900 M Street, N.W.                 Associate General Counsel Washington, D.C. 20036             Federal Emergency Management Agency MHB Technical Associates           500 C Street, S.W.
P.O.
1723 Hamilton Avenue               Room 840 Suite K    -                      Washington, D.C. 20472 San Jose, California 95125 Ms. Nora Bredes Mr. Jay Dunkleberger               Executive Coordinator New York State Energy Office       Shoreham Opponents' Coalition Agency Building 2                   195 East Main Street Empire State Plaza                 Smithtown, New York 11787 Albany, New York 12223
Box 398 Special Counsel to the Riverhead, New York 11901 Governor Executive Chamber Ralph Shapiro, Esq.*
Room 229 Cammer & Shapiro, P.C.
State Capitol 9 East 40th Street Albany, New York 12224 New York, New York 10016 Mary Gundrum, Esq.*
James Dougherty, Esq.
Assistant Attorney General 3045 Porter Street 2 World Trade Center Washington, D.C.
20008 Room 4614 New York, New York 10047 Jonathan D.
Feinberg, Esq.
New York State Department of Herbert H. Brown, Esq.*
Public Service, Staff Counsel Lawrence Coe Lanpher, Esq.
Three Rockefeller Plaza Christopher McMurray, Esq.
Albany, New York 12223 Kirkpatrick & Lockhart 8th Floor Spence W.
Perry, Esq.
1900 M Street, N.W.
Associate General Counsel Washington, D.C.
20036 Federal Emergency Management Agency MHB Technical Associates 500 C Street, S.W.
1723 Hamilton Avenue Room 840 Washington, D.C.
20472 Suite K San Jose, California 95125 Ms. Nora Bredes Mr. Jay Dunkleberger Executive Coordinator New York State Energy Office Shoreham Opponents' Coalition Agency Building 2 195 East Main Street Empire State Plaza Smithtown, New York 11787 Albany, New York 12223


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      . (1-k   '
. (1-k
Gerald C.2 Crotty,.Esq.           Martin Bradley Ashare, Esq.
' Gerald C.2 Crotty,.Esq.
Counsel to the Governor           Suffolk County Attorney
Martin Bradley Ashare, Esq.
              . Executive Chamber               H. Lee Dennison Building-State-Capitol-           .
Counsel to the Governor Suffolk County Attorney
Veterans Memorial Highway
. Executive Chamber H. Lee Dennison Building-State-Capitol-Veterans Memorial Highway
              ' Albany, New York   12224         Hauppauge,-New York 11788 kY Donald P. Irwin Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia     23212 DATED:   March 18, 1985 w
' Albany, New York 12224 Hauppauge,-New York 11788 kY Donald P.
Irwin Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED:
March 18, 1985 w
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Latest revision as of 06:14, 13 December 2024

Response to Intervenor 850313 Notice of Intention to File Reply Memorandum on Issues Re Util Designation of Nassau Coliseum as Reception Ctr.Notice Based on Aslab 850213 Unpublished Order.Certificate of Svc Encl
ML20099L942
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 03/18/1985
From: Irwin D
HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:
Atomic Safety and Licensing Board Panel
References
CON-#185-166 OL-3, NUDOCS 8503210174
Download: ML20099L942 (5)
v • d • e


Text

-

o dI LILCO, Nerch 18, 1985 UNITED STATES OF AMERICA C8SMIED NUCLEAR REGULATORY COMMISSION

'65 N Before the Atomic Safety and Licensing Boa'r'd'db P2 61

? J:

...mm.

In the Matter of

)

~,.-f E

)

LONG ISLAND LIGHTING COMPANY

)

Docket No. 50-322-OL-3

)

(Emergency Planning (Shoreham Nuclear Power Station,

)

Proceeding)

Unit 1)

)

LILCO'S RESPONSE TO INTERVENORS' NOTICE OF INTENTION TO FILE REPLY MEMORANDUM LILCO has received, on Saturday, March 16, Intervenors' March 13 " Notice of Intention to File Reply Memorandum" on issues relat-ed to LILCO's designation of the Nassau Coliseum as a reception center.

The " Notice" is ostensibly based on an unpublished A,ppeal Board Order of February 13 in the Waterford case.

Only this Board can state dispositively what pleadings it contemplated in its January 28 Order, although it is clear that the last pleading permitted on the face of that Order was LILCO's Response of February 26.

The only other thing that appears clear is that unless this Board summarily disposes of the Coliseum mat-ter on the basis of the substantive pleadings before it, several more weeks, and probably months, will elapse before it is decid-ed.1 1

LILCO does not concede that Intervenors have shown good cause for filing any further papers on the Coliseum matter, but has not addressed either this question or the substantive allegations in Intervenors' March 1 paper because that paper appeared plainly unauthorized.

In the event the Board permits Intervenors to file the substantive response presaged by their March 13 " Notice,"

LILCO requests permission, consistent with the Appeal Board's February 13 Waterford Order, to reply substantively before the Board rules.

8503210174 850318 PDR ADOCK 05000322 PDR

[ [o]

G

2 _

LILCO-continues to believe that the Board should summarily dispose of the issue on the basis of the papers specifically au-thorized by its January 28 Order, and then return to the task from which_ time, events and the Intervenors' pot-stirring tactics con-tinue to-divert it, namely, completion of its Initial Decision on the record which closed in August 1984.

In any'other event, LILCO urges that the Board sever this issue from those covered in the record which closed last August, finish and issue its Partial Initial Decision on those issues, and then pick up this tag-end issue, along with any others which may drift in, in proceedings this spring and summer.

Two such issues would be the " injured contaminated" issue based on the record from the GUARD v. NRC case (if it ever becomes ripe) and the results of the graded FEMA emergency planning exercise.

Since opportunity must be afforded for litigation of the FEMA exercise before LILCO can proceed beyond 5% power, it is simply more efficient to com-bine litigation of these issues at one time.

Respectfully submitted, LONG ISLAND LIGHTING COMPANY p,/

BY l

--s s

' Donald P.

Irwin James N. Christman Hunton & Williams P.O. Box 1535 707 East Main Street Richmond, VA 23219 DATED:

March 18, 1985

0-LILCO, March 18, 1985 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322-OL-3 I hereby certify that copies of LILCO'S RESPONSE TO INTER-VENORS' NOTICE OF INTENTION TO FILE REPLY MEMORANDUM were served this date upon the following by first-class mail, post-age prepaid or, as indicated by an asterisk, by Federal Ex-press, or, as indicated by two asterisks, by hand:

Morton B. Margulies,**

Secretary of the Commission Chairman U.S.

Nuclear Regulatory Atomic Safety rand Licensing Commission Board Washington, D.C.

20555 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing East-West Tower, Rm. 402A Appeal Board Panel 4350' East-West Hwy.

U.S.

Nuclear Regulatory Bethesda, MD 20814 Commission

. Washington, D.C.

20555 Dr. Jerry R. Kline**

Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory

~ Commission Commission East-West Tower, Rm. 427 Washington, D.C.

20555 4350 East-West Hwy.

Bethesda, MD 20814 Bernard M. Bordenick, Esq.**

Oreste Russ Pirfo, Esq.

Mr. Frederick J.

Shon**

Edwin J.

Reis, Esq.

Atomic Safety and Licensing U.

S. Nuclear Regulatory Board Commission

'U.S. Nuclear Regulatory 7735 Old Georgetown Road Commission (to mailroom)

East-West Tower, Rm. 430 Bethesda, MD 20814 4350 East-West Hwy.

Bethesda, MD 20814

v.

t

\\..

~ Donna Duer, Esq.**

Stewart M. Glass, Esq.*

Attorney Regional Counsel Atomic Safety and Licensing Federal Emergency Management Board Panel Agency U.

S. Nuclear Regulatory 26 Federal Plaza, Room 1349 Commission New York, New York 10278 East-West-Tower, North Tower 4350 East-West Highway Stephen B.

Latham, Esq.*

Bethesda, MD 20814 Twomey, Latham & Shea 33 West Second Street Fabian G.

Palomino, Esq.*

P.O.

Box 398 Special Counsel to the Riverhead, New York 11901 Governor Executive Chamber Ralph Shapiro, Esq.*

Room 229 Cammer & Shapiro, P.C.

State Capitol 9 East 40th Street Albany, New York 12224 New York, New York 10016 Mary Gundrum, Esq.*

James Dougherty, Esq.

Assistant Attorney General 3045 Porter Street 2 World Trade Center Washington, D.C.

20008 Room 4614 New York, New York 10047 Jonathan D.

Feinberg, Esq.

New York State Department of Herbert H. Brown, Esq.*

Public Service, Staff Counsel Lawrence Coe Lanpher, Esq.

Three Rockefeller Plaza Christopher McMurray, Esq.

Albany, New York 12223 Kirkpatrick & Lockhart 8th Floor Spence W.

Perry, Esq.

1900 M Street, N.W.

Associate General Counsel Washington, D.C.

20036 Federal Emergency Management Agency MHB Technical Associates 500 C Street, S.W.

1723 Hamilton Avenue Room 840 Washington, D.C.

20472 Suite K San Jose, California 95125 Ms. Nora Bredes Mr. Jay Dunkleberger Executive Coordinator New York State Energy Office Shoreham Opponents' Coalition Agency Building 2 195 East Main Street Empire State Plaza Smithtown, New York 11787 Albany, New York 12223

4 o

. (1-k

' Gerald C.2 Crotty,.Esq.

Martin Bradley Ashare, Esq.

Counsel to the Governor Suffolk County Attorney

. Executive Chamber H. Lee Dennison Building-State-Capitol-Veterans Memorial Highway

' Albany, New York 12224 Hauppauge,-New York 11788 kY Donald P.

Irwin Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED:

March 18, 1985 w

f I-3 i

f 9_

M

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