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 EnclML19269E366 |
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05000516, 05000517 |
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05/16/1979 |
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Lick I SUFFOLK COUNTY, NY |
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References |
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NUDOCS 7906270269 |
Download: ML19269E366 (6) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML19340D4361980-12-19019 December 1980 Status Rept 6 & Request That Proceeding Be Terminated.Issues Are Moot Due to Util Decision to End Nuclear Project. Certificate of Svc Encl ML19347C1691980-10-13013 October 1980 Status Rept 5 in Siting Board Proceeding.Applicant 801008 Petition for Rehearing in Case 80003 Encl.Paper Re Impact of Siting Board Developments on Appeal & CPs Will Soon Be Filed.Certificate of Svc Encl ML19347C1761980-10-0808 October 1980 Petition for Rehearing of Case 80003 Before Ny State Board on Electric Generation Siting & Environ.Opinion & Order 800908 Deadlines Should Be Extended One Yr.Proceedings Must Be Coordinated W/Epa Review.Certificate of Svc Encl ML19343A3151980-09-10010 September 1980 Status Rept 4 Re Ny State Siting Board 800908 Opinion & Order in Case 80003,recommending Const of Facility. Decision Re Request for Judicial Review Not Yet Decided. Certificate of Svc Encl ML19211A2321979-11-20020 November 1979 Notice by Ny State Board on Electric Generation Siting & Environ.Replies to Utils' Application for Rehearing of ASLB Order Dismissing Application for Certificate of Environ Compatibility Will Be Accepted If Filed by 791203 ML19253C1501979-10-26026 October 1979 Siting Board Proceeding Status Rept 2 in Response to Suffolk County 791017 Allegation That Util Withheld Pertinent Info in Status Rept 1.State of Ny Siting Board 791012 Dismissal of Case 80008 Occurred After Util Response ML19250C2351979-10-17017 October 1979 Supplementary State Siting Board Status Rept on Opposition to Applicants 791019 Rept Re Update on Case 8008.Applicants Failed to Take Into Consideration Encl State Siting Board 791012 Order Dismissing Case.Certificate of Svc Encl ML19210C7251979-10-10010 October 1979 Status Rept of Remanded Proceeding.No Further Hearings Held. Briefs Filed on 790716 & Replies on 790816.LILCO Et Al Supported Station as Proposed.Believes Proposal Will Be Approved by Weight of Evidence.W/Certificate of Svc ML19309D5341979-07-10010 July 1979 Testimony Before Ny State Board on Electric Generation Siting & Environ Re Proposed Jamesport Facilities ML19309D0871979-06-29029 June 1979 Transcript of 790629 Testimony Before Ny State Board on Electric Generation Siting & Environ.Pp 1-3 ML19309D0951979-06-29029 June 1979 Transcript of 790629 Testimony Before Ny State Board on Electric Generation Siting & Environ.Pp 1-20 ML19309D5451979-06-29029 June 1979 Testimony Before Ny State Board on Electric Generation Siting & Environ Re Proposed Jamesport Facilities.Prof Qualifications Encl ML19309D5541979-06-29029 June 1979 Testimony Before Ny State Board on Electric Generation Siting & Environ Re Proposed Jamesport Facilities.Related Diagrams,Ref & Prof Qualifications Encl ML19269E3661979-05-16016 May 1979 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 ML19246C0661979-05-10010 May 1979 Unexecuted Resolution 1450-79 Passed by Suffolk County,Ny Legislature Opposing CP Sought by Util.Nuclear Facility Would Represent Unacceptable Safety Risk to Population ML19274F7851979-05-0808 May 1979 Resolution 474,opposing Const of Facilities ML19273B9961979-05-0404 May 1979 Opposes Suffolk County 790419 Motion to File Supplemental Brief.Arguments Presented Are Outside Scope of Evidence or Redundant of Arguments Already Admitted Into Evidence. Certificate of Svc Encl ML19224D4331979-04-26026 April 1979 Resolution Opposing Const of Facility ML19269D4621979-04-19019 April 1979 Motion to File Supplemental Brief.Certificate of Svc Encl ML19282B3181979-02-0606 February 1979 Motion for Extension of Time Until 790226 in Which to File Brief on Exceptions to 781226 Initial Decision.Granted by Aslab 790212.Certificate of Svc Encl ML19282A6681979-01-20020 January 1979 Applicant'S Opposition to Suffolk County,Ny'S 790108 Request for Stay.Opposes Request;No Proof of Any 10CFR2.788(e) Criteria.W/Certificate of Svc ML19269C6811979-01-15015 January 1979 Intervenor Suffolk County (Ny) Exceptions to ASLB 781226 Initial Decision & Prior ASLB Rulings.Cites Exceptions to 26 of Board'S Findings of Fact ML19261A6751979-01-0808 January 1979 County of Suffolk'S Application for Stay Per 10CFR2.788. Contends That Stay of Licensing Board Decision Is in Public Interest & That Halt of Project Will Do Minimal Harm to Applicants.Certificate of Svc Encl ML19256B2121979-01-0505 January 1979 Motion by Intervenor Suffolk County(Ny)For Extension Until 790115 to File Exceptions to ASLB 781226 Initial Decision Re Cost/Benefit Issues.Motion Based on Delayed Svc of Aslb'S Decision Upon the County.Certificate of Svc Encl ML20062D6951978-11-0909 November 1978 Lil Suppl to Oral Argument of 781019.Asserts That Vast Part of Lil Data Used in Glaeser Rept Were Available Over a Year Prior to June 1977 Close of Record.Also Claims That Suffolk County'S Position Is Not Realistic.Cert of Svc Encl ML20148Q0931978-11-0303 November 1978 Motion by Suco to Correct Transcript of 781019 Oral Argument in Proc Re Subj Facil.Cert of Svc Encl ML20148L5901978-10-31031 October 1978 Motion to Correct Transcript of Oral Argument of 781019. Motion Doesnot Attempt to Engage All the Places in Which Applicant Lil'S Argument Has Been Transcribed in Error.Cert of Svc Encl ML20148C5251978-09-26026 September 1978 Proposed Suppl Findings of Fact Re Health Effects of Ra-222 Released from U Fuel Cycle.Certificate of Svc Encl ML20147E0631978-09-26026 September 1978 Findings of Fact & Conclusions of Law Re Health Effects of Ra-222 Released by U Fuel Cycle Facilities.Requests Denial of Application for CPs 1980-09-10
[Table view] Category:PLEADINGS
MONTHYEARML19340D4361980-12-19019 December 1980 Status Rept 6 & Request That Proceeding Be Terminated.Issues Are Moot Due to Util Decision to End Nuclear Project. Certificate of Svc Encl ML19347C1761980-10-0808 October 1980 Petition for Rehearing of Case 80003 Before Ny State Board on Electric Generation Siting & Environ.Opinion & Order 800908 Deadlines Should Be Extended One Yr.Proceedings Must Be Coordinated W/Epa Review.Certificate of Svc Encl ML19250C2351979-10-17017 October 1979 Supplementary State Siting Board Status Rept on Opposition to Applicants 791019 Rept Re Update on Case 8008.Applicants Failed to Take Into Consideration Encl State Siting Board 791012 Order Dismissing Case.Certificate of Svc Encl ML19269E3661979-05-16016 May 1979 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 ML19274F7851979-05-0808 May 1979 Resolution 474,opposing Const of Facilities ML19273B9961979-05-0404 May 1979 Opposes Suffolk County 790419 Motion to File Supplemental Brief.Arguments Presented Are Outside Scope of Evidence or Redundant of Arguments Already Admitted Into Evidence. Certificate of Svc Encl ML19224D4331979-04-26026 April 1979 Resolution Opposing Const of Facility ML19269D4621979-04-19019 April 1979 Motion to File Supplemental Brief.Certificate of Svc Encl ML19282B3181979-02-0606 February 1979 Motion for Extension of Time Until 790226 in Which to File Brief on Exceptions to 781226 Initial Decision.Granted by Aslab 790212.Certificate of Svc Encl ML19282A6681979-01-20020 January 1979 Applicant'S Opposition to Suffolk County,Ny'S 790108 Request for Stay.Opposes Request;No Proof of Any 10CFR2.788(e) Criteria.W/Certificate of Svc ML19269C6811979-01-15015 January 1979 Intervenor Suffolk County (Ny) Exceptions to ASLB 781226 Initial Decision & Prior ASLB Rulings.Cites Exceptions to 26 of Board'S Findings of Fact ML19261A6751979-01-0808 January 1979 County of Suffolk'S Application for Stay Per 10CFR2.788. Contends That Stay of Licensing Board Decision Is in Public Interest & That Halt of Project Will Do Minimal Harm to Applicants.Certificate of Svc Encl ML19256B2121979-01-0505 January 1979 Motion by Intervenor Suffolk County(Ny)For Extension Until 790115 to File Exceptions to ASLB 781226 Initial Decision Re Cost/Benefit Issues.Motion Based on Delayed Svc of Aslb'S Decision Upon the County.Certificate of Svc Encl ML20062D6951978-11-0909 November 1978 Lil Suppl to Oral Argument of 781019.Asserts That Vast Part of Lil Data Used in Glaeser Rept Were Available Over a Year Prior to June 1977 Close of Record.Also Claims That Suffolk County'S Position Is Not Realistic.Cert of Svc Encl ML20148Q0931978-11-0303 November 1978 Motion by Suco to Correct Transcript of 781019 Oral Argument in Proc Re Subj Facil.Cert of Svc Encl 1980-12-19
[Table view] |
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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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