ML20090G008

Opposition to Util 840719 Motion for Reconsideration of 840718 Memorandum & Order Re Litigation of Security Issues in Connection W/Lilco Application for Exemption.Certificate of Svc Encl

ML20090G008
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	07/23/1984
From:	Letsche K KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
References
OL-4, NUDOCS 8407240166
Download: ML20090G008 (5)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION agI 4' 23 P / ;gy Before the Commission 4, :

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In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-4

) (Low Power)

(Shoreham Nuclear Power Station, )

Unit 1) )

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SUFFOLK COUNTY OPPOSITION TO LILCO'S MOTION FOR RECONSIDERATION OF THE COMMISSION'S JULY 18 MEMORANDUM AND ORDER On July 18, 1984, the Commission issued a Memorandum and Order concerning the litigation of security issues in connection with LILCO's Application for Exemption. Also on July 18, 1984, the Miller Licensing Board issued an Order Concerning Security Contentions in which it stated that pursuant to the Commission's July 18 Order "the proposed physical security (sabotage) issues are held to be cognizable as a public health and safety concern, constituting under 10 CFR S 50.12(a) a concern bearing on whether the requested exemption will ' endanger life or property.'" Order Concerning Security Contentions at 2. The Miller Board also set a schedule governing physical security contentions in its July 18 Order.

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On July 19, 1984, LILCO filed a Motion for Reconsideration of the Commission's July 18 Memorandum and Order. The premise for LILCO's motion is its belief that "it seems likely that the Commission was not able to consider fully LILCO's response to the County's Motion (for Directed Certification]." LILCO Motion at i 2-3. Thus, LILCO-asserts that "the Commission acted prematurely 1 in issuing its Memorandum and Order on the 18th and should recon-7 sider it in light of LILCO's response. " Id. at 3.

i The stated basis for LILCO's belief that the Commission acted prematurely in issuing its July 18 Order is LILCO's asser-tion that the Commission did not address-in its Order the 1982 security settlement agreement that is referenced in the June 20 Board Order and in LILCO's Response to the Motion for Directed Certification. LILCO then asserts: "Since.the Commission's Order makes no mention of'the [ security settlement] agreement, presumably it was not considered" by the' Commission prior to the issuance of its Order. See LILCO Motion at 3-4. In contradic-tion of LILCO's statement, however, the first paragraph of the Commission's Memorandum and Order explicitly refers to the settlement agreement. . The Commission's Memorandum and Order states:

Earlier physical security contentions in the

, operating license proceeding were. settled as a result of a November 3,.1982 settlement agreement between LILCO and the County.

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- July 18 Memorandum and Order at ) Therefore, the Commission clearly was aware of the Licensing Board's reliance upon that agreement in the Board's June 20 Order.

Accordingly, LILCO's Motion for Reconsideration is factually incorrect and based upon an erroneous assumption of Commission ignorance which is belied by the words of the Commission's own Order. Since the only basis for LILCO's Motion for Reconsidera-tion is its erroneous assumption that the Commission did not consider the 1982 settlement agreement or the portion of LILCO's response that deals with that agreement, the motion has no basis and should be denied.1I Respectfully submitted, Martin'Bradley Ashare Suffolk County Department of Law 4 Veterans Memorial Highway Hauppauge, New York 11788 f ~'h c.

_ __ k EerBett H. Brown Lawrence Coe Lan er Karla'J. Letsche-KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 Dated: July 23, 1984 Attorneys for.Suffolk County l

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l 1!The County also notes that-contrary to the assertions in the l l LILCO Response, the County has no intention of seeking a delay in l l the scheduled July 30 hearing on other issues because of.the-Commission's ruling on security issues.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before The Atonic Safety And Licensing Board r )

In'the Matter of )

)

j LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-4

) (Low Power)

(Shoreham Nuclear Power Station, )

! Unit 1) )

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CERTIFICATE OF SERVICE e

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} I hereby certify that copies of Suffolk County Opposition to

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LILCO's Motion for Reconsideration of the Commission's July 18 Memorandum and Order have been served on the following by U.S. mail, first class, except where noted, this 23rd day of July 1984. ,

• Judge Marshall E. Miller, Chairman ~* Edwin Reis, Esq.

Atomic Safety and Licensing Board Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the Executive Legal Washington, D.C. 20555 Director U.S. Nuclear Regulatory Commission j

• Judge Glenn O. Bright Washington, D.C. 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Edward M. Barrett, Esq.

Washington, D.C. 20555 Long Island Lighting Company 250 Old Country Road

• • Judge Elizabeth B. Johnson Mineola, New York 11501 l

, - Oak Ridge National Laboratory P.C. Box X, Building 3500 Honorable Peter F. Cohalan

! - Oak Ridge, Tennessee 37830 Suffolk County Executive H. Lee Dennison Building

-*- Eleanor L.'Frucci, Esq. Veterans Memorial Highway Atomic Safety and Licensing Eoard Hauppauge, New York 11788

.U.S. Nuclear Regulatory Commission Washington, D.C. 20555 i

• By Hand

• • . ';By Federal Express

• • • By Telecopier i

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• • • • Fcbian Palomino , Esq. James B. Dougharty, Ecq.

Special Counsel to the Governor 3045 Porter Street, N.W.  :

Executive Chamber- Washington, D.C. 20008 Room 229  ;

State Capitol Mr. Brian McCaffrey i j Albany,;New York 12224 Long Island Lighting Company Shoreham Nuclear Power Station i

! *** W. Taylor Reveley, III, Esq. P.O. Box 618 j Anthony F. Earley, Jr., Esq. North Country Road i

' Robert M. Rolfe, Esq. Wading River, New York 11792 Hunton & Williams 2 P.O. Box 1535 Jay Dunkleberger, Esq.

707 East Main Street New York State Energy Office Richmond, Virginia 23212 Agency Building 2

> Empire State Plaza e' Mr. Martin Suubert Albany, New York 12223 c/o Congressman William Carney 1113 Longworth House Of fice Bldg. Stephen B. Latham, Esq.

Washington, D.C. 20515 John F. Shea, Esq.

Twomey, Latham and Shea Martin Bradley Ashare, Esq. 33 West Second Street ,

Suffolk-County Attorney Riverhead, New York 11901 H. Lee Dennison Building i Veterans Memorial Highway Docketing and Service Branch  ;

Hauppauge, New York 11788 Office of the Secretary  ;

U.S. Nuclear Regulatory

• Nunzio J. Palladino, Chairman Commission U.S. Nuclear Regulatory Washing ton , D.C 20555 Commission

1717 H Street, N.W., Room 1114

• Commissioner Lando W. Zech, Jr.

Washington, D.C. 20555 U.S. Nuclear Regulatory

}

1 Commission

• Commissioner Thomas M. Roberts 1717 H Street, N.W.,-Room 1113  :

U.S. Nuclear Regulatory Washington, D.C. 20555 l

! Commission .

! 1717 H Street, N.W., Room 1103

• Commissioner James K. Asselstine i Washing ton, D.C. 20555 U.S. Nuclear Regulatory-  !

Commission f

• Commissioner Frederick M. Bernthal 1717 H Street, N.W., Room 1149 U.S. Nuclear Regulatory Washing ton , - D. C . 20555 Commission 1717 H Street, N.W., Room 1156 j

! Washington, D.C. 20555 / )s,,

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Karda 'J . Letsche k/ '

KIRKPATRICK, LOCKHART, HILL, I CHRISTOPHER & PHILLIPS

! 1900 M Street, N.W., Suite 800 l

Washington, D.C. 20036 i

DATE: July 23, :1984 i

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