ML20024A072

Response Supporting Suffolk County & North Shore Coalition for Safe Energy Motion for Order Striking Portions of Util 830526 Filing.Emergency Plans Devoid of Legal or Practical Substance.Certificate of Svc Encl

ML20024A072
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/13/1983
From:	Jay Dougherty SHOREHAM OPPONENTS COALITION
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8306150379
Download: ML20024A072 (4)

Text

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UNITED STATES OF_ AMERICA ' _

NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board

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In the Matter of )

) Docket No. 50-322 (OL)

LONG ISLAND LIGHTING COMPANY ) (Emergency Planning)

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(Shoreham Nuclear Power Station, )

Unit 1) )

)

)

SOC'S RESPONSE TO LILCO'S MEMORANDUM OF SERVICE '

OF SUPPLEMENTAL EMERGENCY PLANNING INFORMATION Shoreham Opponents Coalition (" SOC") joins with Suffolk County and the North Shore Coalition ("NSC") in moving the Li-censing Board for an order striking f rom Long Island Lighting Co.'s ("LILCO's") May 26 submission all but that portion known as the "LILCO-LILCO" plan or the ' " transition" plan. The four other

" plans" that were submitted on that date - the "LILCO-County plan," the "LILCO-NRC plan," the "LILCO-State plan ," and the "LILCO-FEMA plan" - are devoid of legal or practical substance and thus were improperly submitted and cannot properly be be 8306150379 830613 PDR O

ADOCK 05000322 PDR -

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The premise that underlies LILCO's May 26 submission isa th t the parties to this proceeding must litigate the adequacy of any document which is characterized by the company as an emerg ency plan, regardless of whether the document was developed with the involvement, consent, or even the awareness of the entityath t supposedly will carry it out.

Given this premise, why is it that LILCO didn't also submit a "LILCO-Nassau plan"? Or perhaps a "LILCO-New York City plan"?

Or a "LILCO-Red Cross plan"? The list of eligible entities is bounded only by LILCO's imagination.

We are here not to ponder outlandish hypotheticals, but to determine where there exists a state of emergency preparedness which will adequately protect the public health and safety in the event of an accident at Shoreham. LILCO may have the financial wherewithal to litigate the adequacy of its plan while simultan-eously pressing four hypothetical alternatives upon the Board ,

but SOC does not. Even if these plans had a shred of merit, procedural fairness would require that each be litigated separately.

But since they do not they must be stricken by the Board.

1 Respectfully submitted,

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K36s B. Dough 4fty i N45 Porter St., NW Washington, DC 20008 i (202)362-7158 i E

Counsel for SOC E

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h DOCKETED L'9!PC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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O MO 1 Before the Atomic Safety and Licensing Board 3 ,,u ;a-

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)

)

In the Matter of )

LONG ISLAND LIGHTING COMPANY

) Docket No. 50-322 (OL)

) (Emergency Planning)

)

.(Shoreham Nuclear Power Station, )

Unit 1) )

)

)

CERTIFICATE OF SERVICE I certify that copies of the foregoing SOC'S RESPONSE TO LILCO'S MEMORANDUM .0F SERVICE OF SUPPLEMENTAL EMERGENCY PLANNING INFORMATION were served, this 12th day of June, 1983, by deposit in the United States Mail, First Class, to the following:

• James S. Laurenson, Chairman Samuel J. Chilk, Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comm'n U.S. Nuclear Regulatory Comm'n Washington, D.C. 20555 Washington, DC 20555 l Dr. Jerry A. Kline ATTN: Docketing and i Atomic Safety and Licensing Board Service Section U.S. Nuclear Regulatory Comm'n Atomic Safety and Licensing Washington, DC 20555 Board Panel U.S. Nuclear Regulatory Comm'n Dr. M. Stanley Livingston Washington, D.C. 20555 1005 Calle Largo Santa Fe, NM 87501 W. Taylor Reveley, III, Esq.

Hunton & Williams Edward M. Barrett, Esq. 707 E. Main Street '

Long Island Lighting Co. P.O. Box 1535 250 Old Country Road Richmond, VA 23212

Mineola, NY 11501 i

Bernard M. Bordenick, Esq.

Atomic Safety and Licensing i Appeal Board Panel Office of Exec. Legal Director U.S. Nuclear Regulatory Comm'n U.S. Nuclear Regulatory Comm'n Washington, D.C. 20555 Washington, D.C. 20555 I

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Energy Research Group, Inc. Ralph Shapiro, Esq.

400-1 Totten Pond Road Cammer & Shapiro, P.C.

Waltham, MA 12154 9 East 40th Street New York, NY 10016 Herbert H. Brown, Esq. Howard Blau, Esq.

.Kirkpatrick, Lockhart, Hill, 217 Newbridge Road Christopher & Phillips Hicksville, NY 11787 19 0 0 M S tree t, N.W.

Washington, D.C. 20036 Cherif Sedky, Esq.

Brian McCaffrey Kirkpatrick, Lockhart, Charles Daverro Johnson & Hutchison Long Island Lighting Co. 1500 Oliver Building 175 E. Old Country Road Pittsburgh, PA 25222 Hicksville, NY 11801 MHB Technical Associates

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David J. Gilmartin, Esq. 1723 Hamilton Ave.

Attn: Patricia Dempsey, Esq. ' Suite K County Attorney San Jose, CA 95125 Suffolk Co. Dep't of Law Veterans Memorial Highway Nora Bredes, Exec. Coordinator Happauge, NY 11787 Shoreham Opponenes Coalition 195 East Main Street .

Steven B. Latham, Esq. Smithtown, NY 11787 Twomey, Latham & Shea 33 West 2d Street Daniel F. Brown, Esq.

Riverhead, NY 11901 Atomic Safety and Licensing

Board Panel Mr. Stuart Diamond U.S. Nuclear Regulatory Comm'n Environment / energy writer Washington, D.C. 20555 NEWSDAY Long Island, NY 11747 Jeffrey Cohen, Esq.

Deputy Commissioner & Counsel New York State Energy Office Agency Building 2 Empire State Plaza Albany, NY 12223 i

l l James B. Dougherty i

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