ML20199E300

Motion to Order All Parties to Appear Before Board for Prehearing Conference on 860619 in Bethesda,Md or to Require Filing of Contentions & Other Prehearing Activities Prior to Preconference 860707-11 Hearing.W/Certificate of Svc

ML20199E300
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/18/1986
From:	Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
References
CON-#286-651 OL-5, NUDOCS 8606230255
Download: ML20199E300 (8)

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• LILCO, June 18, 1986 e

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UNITED STATES OF AMERICA n NUCLEAR REGULATORY COMMISSI' N - 1

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I Before the Atomic Safety and Licensing '

In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

) (Emergency Planning Proceeding)

(Shoreham Nuclear Power Station, )

Unit 1) )

LILCO'S MOTION TO IMPLEMENT BOARD ORDER OF JUNE 11,1986 LILCO moves that this Board either instruct all parties able to do so to appear before it on Thursday, June 19, in Bethesda, Maryland for a prehearing conference, or that it require the parties to file contentions and undertake other prehearing activities, specified below, prior to a prehearing conference to be held at a definite time and place of the Board's choosing during the week of July 7-11.

I. Background On February 13,1986 an exercise was held of the LILCO offsite emergency plan for Shoreham. Intervenors had over 20 observers present at the exercise on LILCO premises and an additional unknown number observing the exercise from police helicop-ters and other points offsite. On April 17, 1986 FEMA issued its official report on the exercise. On or about May 16. FEMA turned over to all parties all unprivileged exercise documents in its possession originated by LILCO.II LILCO expects to make available

! all further unprivlieged exercise documents in its possession within the coming week.

1/ Becau.se of the documents' bulk, only one set was produced for intervenors, to i

counsel for Suffolk County.

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! 8606230255 860618 PDR ADOCK 05000322 g PDR DM

e On June 6, the Commission issued an Order, CLI-86-11, instituting expedited pra-ceedings sharply focused on the February 13 exercise. The goal of this hearing, the final required step before issuance of a full power license for Shoreham, was to give in-tervenors an opportunity to demonstrate whether the exercise revealed any "fundamen-tal flaw"in LILCO's offsite emergency plan for Shoreham.

On June 10, this Board was constituted with instructions to implement the Com-mission's mandate to conduct an expedited proceeding. The next day, this Board issued an order scheduling a prehearing conference to be held in Bethesda either this week -

the week of June 16 or, because of the Board's pre-existing scheduling commit-ments, the week of July 7-11. The Board requested the parties to work out the neces-sary arrangements and inform it of their preference.

Diligent efforts to make such arrangements were undertaken by counsel for LILCO, with assistance from the NRC Staff, by telephone calls beginning the day the Board's order was received. Their results, in a nutshell, are as follows:

1. The only time during the week of June 16-20 which suited everyone's sched-ute was Thursday af ternoon, June 19, beginning at about 2:00.

2. LILCO counsel were available to be in Bethesda, as stipulated by the Board's order, at that time. So were NRC Staff counsel. So was FEMA counsel.

3. Counsel for Suffolk County, Kirkpatrick & Lockhart, located in Washington, i D.C., could be physically present but objected to any proceedings' being held anywhere other than Long Island.

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4. Counsel for New York State, Mr. Palomino, stated that he had a meeting in New York City Thursday morning and was unsure of his ability to get to Bethesda by 2:00. He objected to any proceedings' being held in any location other than Long Island.

5. Counsel for Town of Southampton, Mr. Latham, stated that he would be in a trial in New York City Thursday morning; that he could probably be present at a prehearing conference on Long Island Thursday af ternoon but not one in Bethesda; that he objected to any proceedings' being held off Long Island; and that the issue was a "no-torious" one in which he expected that local residents would want to attend and partici-pate.

6. A brief status report to the Board's secretary was mac'e jointly by LILCO and Staff counsel yesterday morning, June 17, af ter an unsuccessful attempt to reach counsel for Suffolk County. The Board's secretary relayed the Board's determination that the Board would be happy to meet this Thursday af ternoon, June 19, in Bethesda if all the " core" parties could be present; and that otherwise the Board would convene a conference on July 8, probably in New York.

, 7. LILCO counsel thereaf ter attempted to secure intervenors' cooperation in a meeting in Bethesda this Thursday. Given the fact that counsel for Suffolk County have pulled the laboring oar for intervenors throughout this proceeding,E LILCO coun-set attempted to inquire of the two intervenor counsel whose Thursday af ternoons were free but who were unsure of being able to get physically to Bethesda - Messrs, i

2/ Counsel for Suffolk County have been present at every session on all issues.

Counsel for New York State have been present at numerous, but not all, emergency planning sessions. Counsel for Southampton have been present at virtually no sessions other than occasional prehearing conferences, and the Town has never sponsored testi-many or witnesses of its own. Virtually all intervenors' papers have been flied jointly from Kirkpatrick & Lockhart's Washington office.

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Palomino and Latham - whether they could link up by telephone to a prehearing con-ference in Bethesda. Mr. Latham declined and Mr. Palomino did not return the tele-phone inquiry. A note was also sent yesterday af ternoon to counsel for Suffolk County seeking their assistance; a response refusing it has been received.

II. Discussion and Request for Relief LILCO has no power to coerce the behavior of other parties; and as this Board well knows, consensus has not always been a hallmark of this proceeding.~ The upshot of the events related above is that because various intervenors have refused to come vol-untarily to Bethesda or allow their interests to be represented by the de facto lead in-tervenor, in the absence of a Board order there will be no prehearing conference this week. As a result, given the Board's previous commitments, there will be no prehearing conference for three more weeks, and a month will have been lost, totally artificially and unnecessarily, in a proceeding which the Commission has specifically commanded to be expedited.

LILCO believes that the Board would be entirely justified in ordering the parties to appear in Bethesda tomorrow af ternoon or be present by conference telephone hook-up to represent their interests. However, at this late date, such an order would proba-bly engender more protest than progress. Alternatively, the Board could set, now, a specific date and time for a conference and in the meantime require the parties to pre-pare to commence this proceeding in earnest. Such a procedure would avoid the totally arbitrary loss of three weeks' time. It is also feasible, given the extensive knowledge already available to the parties concerning the exercise. LILCO accordingly moves that the Board take the following steps:

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1. Set an abbreviated time for responding to this motion, which is being served this morning by telecopier on all parties except Mr. Latham, who does not have a telecopier (he will receive it by Federal Express). LILCO suggests that the close of business Friday, June 20, be set for replies (received physically at the Board's and par-ties' of fices).

5. Schedule a prehearing conference for a time and place of the Board's choosing on July 8 or any other time during the week of July 7-11. LILCO understands that Suffolk County has made or will make arrangements for the Suffolk County legisla-ture's chamber to be available. LILCO hopes that the Board will be able to find a more nearly neutral location for any proceedings held on Long Island.

3. Require parties in the meantime to take the following steps: E

a. Parties wishing to file contentions do so not later than June 27. The Board should put the parties on notice that any contentions failing to meet the require-ments of the Commission's regulations as supplemented by its order of June 6 are sub-ject to summary rejection.

b. Parties desiring to file responses to contentions do so not later than July 3.

c. All parties wishing to make scheduling ( r procedural suggestions do so not later than June 27.

3/ All actions involving filing documents relate to date of physical delivery to the Board in Bethesda and to other parties at their usual offices by hand or telecopter (or next morning by express service if no telecopier is available).

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d. All parties wishing to respond to other parties' scheduling or proce-dural suggestions do so not later than July 3.

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These actions, if implemented by the Board, will minimize waste of time, focus the issues, and provide the agenda for a potentially productive prehearing conference at the next time consistent Uth the Board's schedule.

Respectfully submitted,

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Dohald P. Irwin James N. Christman Lee B. Zeugin Kathy E.B. McCleskey Counsel for Long Island Lighting Company Hunton & Williams 700 East Main Street -

P.O. Box 1535 Richmond, Virginia 23212 DATED: June 18,1986 l

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o LILCO, June 18,1986 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 MOTION TO IMPLEMENT BOARD ORDER OF JUNE 11,1986 were served this date upon the following by telecopter as indicated by one asterisk, by Federal Express as indicated by two asterisks, or by first-class mail, postage prepaid.

Morton B. Margulies,

• Atomic Safety and Licensing Chairman Appeal Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission East-West Towers, Rm. 402A Atomic Safety and Licensing 4350 East-West Hwy. Board Panel Bethesda, MD 20814 U.S. Nuclear Regulatory Commission Dr. Jerry R. Kline

• Washington, D.C. 20555 Atomic Safety and Licensing Board Bernard M. Bordenick, Esq.

• U.S. Nuclear Regulatory Oreste Russ Pirfo, Esq.

Commission Edwin J. Reis, Esq.

East-West Towers, Rm. 427 U.S. Nuclear Regulatory 4350 East-West Hwy. Commission Bethesda, MD 20814 7735 Old Georgetown Road (to mailroom)

Mr. Frederick J. Shon

• Bethesda, MD 20814 Atomic Safety and Licensing Board Herbert H. Brown, Esq.

• l U.S. Nuclear Regulatory Lawrence Coe Lanpher, Esq.

Commission Karla J. Letsche, Esq.

East-West Towers, Rm. 430 Kirkpatrick & Lockhart 4350 East-West Hwy. Eighth Floor Bethesda, MD 20814 1900 M Street, N.W.

Washington, D.C. 20036 Secretary of the Commission l U.S. Nuclear Regulatory Donna Duer, Esq.

l Commission Attorney l Washington, D.C. 20555 , Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission

( East-West (North Tower) 4350 East-West Hwy.

Bethesda, MD 20814 l

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o Fabian G. Palomino, Esq.

• Jonathan D. Feinberg, Esq.

Special Counsel to the New York State Department of Governor Public Service, Staff Counsel Executive Chamber Three Rockefeller Plaza Room 229 Albany, New York 12223 State Capitol Albany, New York 12224 William E. Cumming, Esq.

Associate General Counsel Mary Gundrum, Esq. Federal Emergency Management Assistant Attorney General Agency 2 World Trade Center 500 C Street, S.W.

Room 4614 Room 840 New York, New York 10047 Washington, D.C. 20472 Spence W. Perry, Esq.

• Ms. Nora Bredes General Counsel Executive Coordinator Federal Emergency Shoreham Opponents' Coalition Management Agency 195 East Main Street 501 C Street, S.W., Room 840 Smithtown, New York 11787 Washington, D.C. 20472 Gerald C. Crotty, Esq.

Mr. Jay Dunkleberger Counsel to the Governor New York State Energy Office Executive Chamber Agency Building 2 State Capitol Empire State Plaza Albany, New York 12224 Albany, New York 12223 Martin Bradley Ashare, Esq. **

Stewart M. Glass, Esq.

• Eugene R. Kelly, Esq.

Regional Counsel Suffolk County Attorney Federal Emergency Management H. Lee Dennison Building Agency Veterans Memorial Highway 26 Federal Plaza, Room 1349 Hauppauge, New York 11787 New York, New York 10278 Dr. Monroe Schneider Stephen B. Latham, Esq. ** North Shore Committee Twomey, Latham & Shea P.O. Box 231 33 West Second Street Wading River, NY 11792 P.O. Box 298 Riverhead, New York 11901

[M Donald P. Irwin Hunton & Williams -

i 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: June 18,1986 c_____ -.