ML20215N637

Response to Intervenor 861103 Pleading Re Objections to 861003 Prehearing Order Concerning Contentions 15,16 & 19 Re Emergency Plan Exercise.Ambiguity Re Unacceptable Contentions Should Be Resolved.Certificate of Svc Encl

ML20215N637
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	11/03/1986
From:	Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
References
OL-5, NUDOCS 8611070105
Download: ML20215N637 (4)

Text

LILCO, Nsv:mber 3,1986 UNITED STATES OF AMERICA 00LKETED NUCLEAR REGULATORY COMMISSION N

• B6 NOV -6 All :57 Before the Atomic Safety and Licensing Board 0FFICE 0; a m ./ - ?

00CMEliNG & dvF:I UN In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-5

) (EP Exercise)

(Shoreham Nuclear Power Station, )

Unit 1) )

LILCO'S RESPONSE TO INTERVENORS' NOVEMBER 3 LETTER PLEADING ON OBJECTIONS TO OCTOBER 3 PREHEARING ORDER LILCO responds here, on issues within the scope of its October 30 motion, to Mr.

Lanpher's letter of November 3 since, even though that letter is not a proper pleading, it requests relief which, if granted, would affect LILCO's interests in this proceeding, t

1. With respect to FEMA's request for reconsideration of the Board's rulings _

on Contentions 15,16 and 19, LILCO does not object to Intervenors' also being given the l

right to comment on the same terms as LILCO. The response to Intervenors' objection to LILCO's request for leave to respond is simple: First, LILCO's request was exactly that and not a substantive response. Second, the problem raised by the FEMA motion is j

one which that agency has particular standing and expertise to raise in the first in-l stance, and which LILCO (or any other party) could not well have taken up without l

FEMA's initiative. That issue is potentially of significant interagency importance.

2. With respect to the ambiguity surrounding certain issues, counsel for Inter -

venors does not address, and thus presumably concedes, that there is a difference of view among the parties as to the relevance of contentions which were not accepted but were also subsumed or incorporated by other contentions. For the future clarity of this proceeding, this ambiduity needs to be resolved.

8611070105 861108 PDR ADOCK 05000322 o PDR b 503

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3. With respect to Board rulings objected to by Intervenors on October 27 LILCO repeats that it has no desire to burden this record with paper on any of them un-less the Board is contemplating reversing its October 3 ruling.

Respectfully submitted, Donald P. Irwin Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: November 3,1986 1

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t-LILCO, Nov:mber 3,1986 x

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

Docket No. 50-322-OL-5 I hereby certify that copies of LILCO'S RESPONSE TO INTERVENORS' NOVEMBER 3 LETTER PLEADING ON OBJECTIONS TO OCTOBER 3 PREHEARING CONFERENCE ORDER were served this date upon the following by Federal Express as indicated by an asterisk, or by first-class mall, postage prepaid.

John H. Frye, III, Chairman

• Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board .U.S. Nuclear Regulatory Commission .

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Ea.ct-West Towers 4350 East-West Hwy. Bernard M. Bordenick, Esq.

• Bethesda, MD 20814. Oreste Russ Pirfo, Esq.

Edwin J. Reis. Esq.

Dr. Oscar H. Paris

• U.S. Nuclear Regulatory Commission Atomic Safety and Licensing 7735 Old Georgetown Road Board (to mailroom)

U.S. Nuclear Regulatory Commission Bethesda, MD 20814 East-West Towers 4350 East-West Hwy. Herbert H. Brown, Esq.

• Bethesda, MD 20814 Lawrence Coe Lanpher, Esq.

Karla J. Letsche, Esq.

Mr. Frederick J. Shon * .Kirkpatrick & Lockhart Atomic Safety and Licensing Eighth Floor Board 1900 M Street, N.W.

U.S. Nuclear Regulatory Commission Washington, D.C. 20036 East-West Towers, Rm. 430 4350 East-West Hwy. Fabian G. Palomino, Esq.

• Bethesda, MD 20814 Richard J. Zahnleuter, Esq.

Special Counsel to the Governor Secretary of the Commission Executive Chamber

Attention Docketing and Service Room 229 Section State Capitol L U.S. Nuclear Regulatory Commission Albany, New York 12224 1717 H Street, N.W.

Washington, D.C. 20555 Mary Gundrum, Esq.

Assistant Attorney General Atomic Safety and Licensing 120 Broadway Appeal Board Panel Third Floor, Room 3-116 U.S. Nuclear Regulatory Commission New York, New York 10271 Washington, D.C. 20555 i

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Spence W. Perry, Esq.

• Ms. Nora Bredes William R. Cumming, Esq. _ Executive Coordinator Federal Emergency Management Shoreham Opponents' Coalition

, Agency .

195 East Main Street 500 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.

Stephen B. Latham, Esq.

• Eugene R. Kelly, Esq.

Twomey, Latham & Shea Suffolk County Attorney 33 West Second Street H. Lee Dennison Building P.O. Box 298 Veterans Memorial Highway Riverhead, New York 11901 Hauppauge, New York 11787 Mr. Philip McIntire Dr. Monroe Schneider Federal Emergency Management North Shore Committee -

Agency P.O. Box 231 26 Federal Plaza Wading River, NY 11792 New York, New York .10278 Jonathan D. Feinberg, Esq.

New York State Department of Public Service, Staff Counsel Three Rockefeller Plaza 4

Albany, New York 12223 Ddtiald P. Irwin Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 l DATED: November 3,1986 i

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