ML20024F250
| ML20024F250 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 08/29/1983 |
| From: | Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL-3, NUDOCS 8309090132 | |
| Download: ML20024F250 (6) | |
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~0 August 29, 1983 UNITED STATES OF AMERICA NUCLEAR REGULATORY C0tNISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of LONG ISLAND LIGHTING COMPANY Cocket No. 50-322-OL-3
- (Emergency Planning)
(Shoreham Nuclear Power Station, Unit 1)
NRC STAFF RESPONSE TO $UFFOLK CCUNTY OBJECTION TO 5_PECIAL PREHEARING CONFEREf!LE ORDER Intervenor Suffolk County has on August 23, 1983 requested the Board to:
(a) Reconsider its schedule and adopt a new schedule consistent with the County's August 4 proposal, as extended commensurately to provide time for.LILCO to take the depositions it has requested.
(b)
If the Board does not adopt!.a schedule as requested by the County,-then it should:
(1)
Provide detailed reasons for its actions; and (ii) Pursuantto10C.F.R.il2.715a(d)and2.718(i),
certify the matter to~the Commission for decision.
Such certification is essential in this case of first impression so that the Commission, which'by its May 12-Order directed the Licensing Board to proceed, may be fully apprised of the procedures which this Board is using to compile the " record" called for in that May 12 Order. See CLI-83-13, May 12 Memorandum and Order at 4.
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. 4 The County's above noted requests are contained in its "* *
- Objection to Special Prehearing Conference Order"M (Objections) (at pages8-9). By Order dated August 23, 1983, the Board provided leave to 1
Staff and Applicant to respond to the County's objections.
While the Staff does not agree with all of the County's reasons for extending the times set out in Board's August 19th schedule ruling, the Staff would have no objection to the Board's extending, by two or three weds, its previously stated schedule. This may alleviate some or all of the conflicts that the County says are involved in preparing for litigatica in this proceeding particularly with regard to completion of depositions by all parties.
Stoff's recomendation is based on events which occurred subsequent to the August 9,1983 Prehearing Conference. As reported to the operating license Board by the parties, circumstances surrounding the emergency diesel generators at Shoreham have delayed fuel load for a minimumofthreemonths.U
-1/
The Board's "Special Prehearing Conference Order" was issued on August 19, 1983. The schedule which the County objects to is set forth at page 2 of the Board's Order.
2/_
See letter dated August 22, 1983, from W. Taylor Reveley, III,
,T Esq., one of Applicant's counsel, to the operating license Board.
Mr. Reveley also sent a copy of that letter to this Board. See also the Board's August 23, 1983 Order which acknowledges these developments.
It is, further, Staff counsel's understanding that Applicant on August 25, 1983, announced a further slip in the fuel load date to " late first quarter or early second quarter" of calendar year 1984.
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3-l' Thus, it would appear that an extension of two or three weeks in the previously announced Board schedule would not be prejudicial to any party.
Respectfully submitted,
^
'TM-Y M Bernard M. Bordenick Counsel for NRC Staff s
Dated at Bethesda, Maryland this 29th day of August, 1983
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
LONG ISLAND LIGHTING COMPANY Docket No. 50-322-OL-3
)
(Emergency Planning)
(ShorehamNuclearPowerStation, Unit 1)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO SUFFOLK COUNTY OBJECTION TO SPECIAL PREHEARING CONFERENCE ORDER" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 29th day of August, 1983:
James A. Laurenson, Chairman
- Ralph Shapiro, Esq.
Administrative Judge Cammer and Shapiro Atomic Safety and Licensing Board 9 East 40th Street U.S. Nuclear Regulatory Commission New York, NY 10016 Washington, D.C.
20555 Dr. Jerry R. Kline*
l Administrative Judge Howard L. Blau, Esq.
Atomic Safety and Licensing Board 217 Newbridge Ro.'d U.S. Nuclear Regulatory Commission Hicksville, NY 11801 Washington, D.C.
20555 l
Mr. Frederick J. Shon*
W. Taylor Reveley III, Esq.
l Administrative Judge Hunton & Williams l
Atomic Safety and Licensing Board P.O. Box 1535 l
U.S. Nuclear Regulatory Commission Richmond, VA 23212 l
Washington, D.C.
20555 Cherif Sedkey, Esq.
Jonathan D. Feinberg, Esq.
Kirkpatrick, Lockhart, Johnson l
New York State Department of
& Hutchison l
Public Service 1500 Oliver Building i
Three Empire State Plaza Pittsburgh, PA 15222 l
Albany, NY 12223 l
l
. t Stephen B. Latham, Esq.
John F. Shea, III, Esq.
Herbert H. Brown, Esq.
Twomey, Latham & Shea Lawrence Coe Lanpher, Esq.
Attorneys at Law Karla J. Letsche, Esq.
P.O. Box 398 Kirkpatrick, Lockhart, Hill, 33 West Second Street Christopher & Phillips Riverhead, NY 11901 1900 M Street, N.W.
8th Floor Washington, D.C.
20036 Atomic Safety and Licensing Board Panel
- Eleanor L. Frucci, Esq.*
U.S. Nuclear Regulatory Comission Attorney Washington, D.C.
20555 Atomic Safety and Licensing Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Comission Appeal Board Panel
- Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, DC 20505 James B. Dougherty, Esq.
3045 Porter Street, N.W.
Docketing and Serv. ice Section*
Washington, D.C.
20008 Office of the Secretary U.S. Nuclear Regul'atory Commission Stewart M. Glass, Esq.
Washington, D.C.
~20555 Regional Counsel Federal Emergency Management Spence Perry, Esq.
Agency Associate General Counsel 26 Federal Plaza Federal Emergency Management Agency Room 1349 Room 840 New York, NY 10278
(
500 C Street, S.W.
l Washington, D.C.
20472 Lucinda low Swartz, Esq.
Pacific Legal Foundation 1990 M Street, N.W.
Suite 550 l
Washington, D.C.
20036 M,hl*. t -
Bernard M. Bordenick Counsel for NRC Staff I
I 4
COURTESY COPY LIST Edward M. Barrett, Esq.
Mr. Jeff Smith General Counsel Shoreham Nuclear Power Station Long Island Lighting Company P.O. Box 618 250 Old County Road North Country Road Mineola, NY 11501 Wading River, NY 11792 Mr. Brian McCaffrey MHB Technical Associates Long Island Lighting Company 1723 Hamilton Avenue 175 East Old Country Road Suite K "icksville, New York 11801 San Jose, CA 95125 Marc W. Goldsmith Hon. Peter Cohalan Energy Research Group, Inc.
Suffolk County Executive 400-1 Totten Pond Road County Executive / Legislative Bldg.
Waltham, MA 02154 Veteran's Memorial Highway Hauppauge, NY 11788 David H. Gilmartin, Esq.
Suffolk County Attorney Mr. Jay Dunkleberger County Executive / Legislative Bldg.
New York State Energy Office Veteran's Memorial Highway Agency Building 2 Hauppauge, NY 11788 Empire State Plaza Albany, New York 12223 Ken Robinson, Esq.
N.Y. State Dept. of Law Ms. Nora Bredes 2 World Trade Center Shoreham Opponents Coalition Room 4615 195 East Main Street New York, NY 10047 Smithtown, NY 11787 i
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