ML20085A241

Answer Opposing Util 830629 Motion to Defer Commission Action.Moves to Strike Pf Cohalon Ltr.Motion Is Mere Delaying Tactic.Certificate of Svc Encl

ML20085A241
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/30/1983
From:	Reveley W HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8307050192
Download: ML20085A241 (8)

Text

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NUCLEAR REGULATORY COMMISSION .

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Before the Commission -

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 (OL)

) Emergency Planning LEC'r cm(Shoreham Nuclear Power Station, )

Unit 1) )

m :: r Applicant's Answer to Suffolk County's Motion to Defer Commission Action And Motion __to strike Letter from Peter F. Cohalan On June 29, 1983, Suffolk County, an intervenor in this proceeding, filed its " Motion to Defer Commission Action and for Commission to near Views of the Parties Before Deciding Certified Question Regarding Low Power License for Shoreham."

The motion asks the Commission to defer action on the question .

certified to it by the ASLB in LBP-83-21 and to allow the par-ties to brief the issue. The County's action was served on the Commissioners June 29 and reached LILC0 on June 30, less than five hours before the Commission is scheduled to set on the certified question.1/ The County also provided the J/ Suffolk County has at least three means of getting a docu-ment in LILCO's counsel's hands the same day it is delivered to the Commissioners: by telecopier, by word-processing computer, and by delivery to LILCO's counsel's Washington office.

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l Commissionera with a June 29, 1983 letter from the Suffolk County Executive. The letter repeats the arguments and the re-quest for action contained in the County's action.

The applicant, Long Island Lighting Company (LILCO), op-poses the County's action and moves to strike the letter from the County Executive, ter the following reasons:

First, the County's tactic is merely a last-minute at-tempt at delay, presumably prompted by an article in the news-paper Newsday on June 29 indicating that the Commission would act on the certifiec question in such a way as to remove an ob-stacle to a low-power license for the Shoreham station.1/ The County has had ample opportunity before this to ask tor briefing of the certified issue, which has been pending before the Commission for more than two montherl/ indeed, on June 27 the County filed with the Licensing Board its ' Answer and Oppo-sition of Suf folk County to LILCO's Motion for a Low Power Operating License." In this Answer and Opposition the County argued that "the motion should be denied because the low power issue certified to the Commission has not yet been resolved" y "WRC Sean Set to Okay N-Test Without Plan,' M4Weday, June 29, 1983.

l J/ The Board's order certifying this question without briefs

' from the parties was issued on April 20, 1983. If the County objected to the procedures outlined in thatThe order, it could have stated its objections in a pleading. County in fact appealed that order without objecting to the Board's proce-dures.

_3 but did not ask for additional briefing on the issue. The l

County served its Answer and Opposition on the Commissioners, and that would have been the occasion to argue the certified issue, or at least to ask for more briefing, had the County wanted to do so. The present Motion, which in effect simply asks for additional time to file a supplemental answer to the low power license application, therefore appears to be merely an attempt at delay.

I second, the County's Motion to Defer Commission Action amounts to nothing more than the argument, repeated by the County often before, that since Suffolk County will not partie-i ipate in offsite emergency planning for Shoreham, the plant cannot be licensed. The County has made this argument to the Commissioners at least three times before, and it is now before the Atomic Safety and Licensing Board. There is little point in arguing it once again in the context of the low-power li-conse application.1/

J/ The County's Motion to Defer Commission Action cites such things as FEMA's recent review of the LILCO offsite emergency plan and the County's own contentions about alleged inade-quacies in the plan to try to show that offsite emergency plan-ning is Lapossible. In this respect, two things need to be said. First, the 34 inadequacies found by PEMA are entirely or almost entirely of two types: (1) those that can be easily repaired by revising sections of the plan and (2) difficulties caused purely by suffolk County's refusal to participate in emergency planning. Citing the FEMA evaluation is merely an-other way of raising the issue of suffolk County's nonpartici-pation, second, as for the County's draf t contentions, many of (footnote continued) l

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wrci'AdL - a wresene, -u-nw w Third, LILCO believes it is improper for Suffolk County

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to continue the practice of having its Executive address argo-mentative letters to the Commissioners in addition to its law-yers' pleadings. LILCO has pointed this out before. See Ap-plicant's Answer to suffolk County's " Notion for commission Ruling on LILCO's ' Utility Plan' for Emergency Preparedness" l and " Motion for Immediate Commission Decision Rejecting LILCO

' Transition Plan'" 9-10 (June 15, 1983).

Fourth, the certified question is one which can quite properly be resolved now, without further delay. As the Li-censing Board said when it certified the questions l

In raising the certified question, we did  :

not solicit the views of the parties be-l cause we believe it is a matter of policy which the commission must decide for itself, rather than a matter of interpre-tation of the language of the regulation in question. The Appeal Board or the Commission may, af ter preliminary inqui-ry, believe there are some salient points on which the parties' views before it would be helpful.

Long Island Lighting Co._ (Shoreham Nuclear Power Station, Unit 1), LBP-83-21, 17 MRC _, slip op. 21 (1983). It is important 1

(footnote continued)

' them.in one way or another likewise simply raise the issue of the County's nonparticipation, attempting to take advantage of an obstacle that the County created itself and has the power to remove at will. Many of the other draf t contentions are objec-tionable in one way or the other. None of them, LILCO believes, will withstand the scrutiny of an ASLB when evidence is at last presented.

I to distinguish between the policy question about the meaning of the regulations certified by the Board and the dif ferent ques-tion whether a low-power license will actually be issued in this case. The Commission is today not deciding to issue a li-conse, but merely resolving one issue that the Licensing Board needs resolved to decide whether a license can be issued. The County has had plenty of opportunity to be heard on the various other issues affecting low-power license issuance, and if the truth be told no further opportunity on the certified policy issue is necessary either.

Suffolk County's motion should be denied and Mr.

Cohalan's letter stricken.

Respectfully submitted, LONG ISLAND LIGHTING COMPANY By W . 'la or Reve iy, III [

Jane . Chris an Bunton & Williams P.O. Box 1535 707 East Main Street Richmond, VA 23212 DATED: June 30, 1983 i

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i LILCO, Juno 30, 1983 l l

. i CERTIFICATE OF SERVICE in the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322 (OL) __

1 hereby certify that copies of LILCo's Answer to Suffolk County's Motion to Defer Commission Action and Motion to Strike Letter from Peter F. Cohalan were served thia date upon the following by first-class mail, postage prepaid, or (as indicated by one asterisk) by hand, or (as indicated by two as-terisks) by telecopier.

James A. Laurenson, Administrative Judge Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 East-West Tower, Room 402A 4350 East-West Highway Dr. James L. Carpenter Bethesda, MD 20814 Administrative Judge Atomic Safety and Licensing Dr. Jerry R. Eline Board Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washing ton, D.C. 20555 Commission East-West Tower, Room 427 Dr. Pater A. Morris 4350 East-West Highway Administrative Judge j Bethesda, MD 20814 Atomic Safety and Licensing Board Dr. M. Stanley Livingston U.S. Nuclear Regulatory 1005 Calle Largo Commission Sante Fe, New Mexico 87501 Washing ton, D.C. 20555 Secretary of the Commission Lawrence J. Brenner, Esq. U.S. Nuclear Regulatory l

p, ,. - - - .__. ._ . -- . ._ _- . _ - _ - -

. l Commission Commissioner Victor Gilinsky*

Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing 1717 H Street, N.N., Room 1103 Appeal Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Commissioner James lt. Asselstine*

Washington, D.C. 20555 U.S. Nucigar Regulatory Commission Atomic Safety and Licensing 1717 5 Street, N.W., Room 1136 Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory -

Commission Commissioner John F. Ahearne*

Washington, D.C. 20555 U.S. Nuclear Regulatory Commission 1717 H Street, N.N., Room 1113 ,

Bernard M. Bordenick, Esq.** Washington, D.C. 20555 David A. Repka, Esq.

Edwin J. Reis, Esq. Commissioner Thomas M. Roberts

• U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission 1717 H Street, N.W., Room 1113 7735 Old Georgetown Road Washington, D.C. 20555 l (to mailroom)

Bethesda, ND 20814 Mr. Paul Bollwerk*

Office of the General Counsel Daniel F. Brown, Esq. U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Panel 1717 H Street, N.W.

U.S. Nuclear Regulatory Washing ton, D.C. 20555 Commission Washington, D.C. 20555 Mr . William Reamer

• Assostant to Chairman Palladino Eleanor L. Frucci, Esq. U.S. Nuclear Regulatory Attorney . Commission Atomic Safety and Licensing 1717 B Street, N.W.

Board Panel Washing ton, D.C. 20555 U.S. Nuclear Regulatory Commission Mr. Willina Manning

• Bast-West Tower, North Tower Office of Commissioner Gilinsky 4350 East-West Highway U.S. Nuclear Regulatory Bethesda, MD 20814 Commission 1717 H Street, N.W.

Chairman Nunzio J. Palladino* Washing ton, D.C. 20555 U.S. Nuclear Regulatory Commission David J. Gilmartin, Esq.

1717 E Street, N.W. , Room 1114 Attna Patricia A. Dempsey, Esq. ~

Washington, D.C. 20555 County Attorney Suffolk County Department of' Law Ve terans Nemorial Highway ,

Bauppauge, New York 13787 i l

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! Stephen B. Latham, Esq.

i Berbert H. Brown, Esq.**- Twomey, Latham & Shea i Lawrence Coe Lanpher, Esq. 33 West Second Street i Christopher McMurray, Esq. P.O. Box 398

.. Eirkpatrick, Lockhart, Bill, Riverheda, New York 11901 l Christopher & Phillips l 8th Floor Ralph Shapiro, Esq.

! 1900 M Street, N.W. Cammer & Shapiro, P.C.

! Washington, D.C. 20036 9 East 40th Street

! New York, New York 10016

Mr . Marc W. Gold smith

Energy Research Group James B. Dougherty, Esq.

4001 Totten Pond Road 3045 Porter Street

! Waltham, Massachusetts 02154 Washington, D.C. 20008 l MHB Technical Associates Howard L. Blau

! 1723 Hamilton Avenue 217 Newbridge Road Suite K Bicksville, New York 11801 l

i San Jose, Calif ornia 95125

Jonathan D. Feinberg, Esq.

l Mr. Jay Dunkleberger New York State

! New York State Energy Office Department of Public Service

! Agency Building 2 Three Empire State Plaza

! Empire State Plata Albany, New York 12223 j Albany, New York 12223 4 Spence W. Perry, Esq.

Stewart M. Glass, Esq. Associate General Counsel Regional Counsel Federal Emergency Management Federal Emergency Management Agency Agency 500 C Street, s.N.

26 Federal Plaza, Room 1349 Room 840 New York, New York 10278 Washing ton , D.C. 20472 9 ,

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W.Tay/.orRevelty,III Bunton & Williams P.O. Box 1535 707 East Main street Richmond, Virginia 23212 1

DATED: June 30, 1983 l

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