ML20010B179

Motion for Approval of Stipulation Re Shoreham Opponents Coalition Pending Discovery Requests,Tmi Contention & Motion for Reconsideration & Applicant Motions for Summary Disposition.Related Correspondence

ML20010B179
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/06/1981
From:	Earley A LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8108140188
Download: ML20010B179 (5)

Text

- _ _ _ _

I nEIArED CORIUGPONDENcn August 6, 1981

..q -

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION [  % r

~~

V

'b Q

Before the Atomic Safety and Licensing 4'

In the Matter )  % d\(/;

LONG ISLAND LIGHTING COMPANY,

. )

) Docket No. 50-322

(/ C. N I

)

(Shoreham Nuclear Power Station, )

(D 0 Unit 1) )

=r:n Motion for Approval of b "N' Stipulation Regarding SOC's Pending --

AN 10108f > -- '

Discovery Requests, Applicant's q- tm d ce ser&t 12 Motions for Summary Disposition, R. og a kn:c2 C 'd SOC's TMI Contention and -

SOC's Motion for Reconsideration Cu ta I.

On July 1, 1981, Shoreham Opponents Coalition (SOC) submitted a document entitled, " SOC's First Set of Interroga-tories and Requests for Production of Documents to the Nuclear Regulatory Commission Staff." By stipulation dated July 20, 1981, Staff and SOC asked the Board to hold in abeyance its ,

consider 1 tion of the SOC discovery request pending informal discovery be' tween SOC and Staff. SOC and Staff met on July 27 in Bethesda, MD. to review the SOC discovery request. A repre-sentative of LILCO was present at the meeting. SOC and Staff wish to advise the Board of their progress.1/

1/ This motion is the status report promised by the Staff in paragraph 4 of the Staff-SOC stipulation of July 20, 1981.

OSCd s

/{*

/

0108140188 8108067 gDRADOCK 05000322 PDR

e A. On July 27, Staff orally answered many of the questions submitted by SOC in its July 1 filing. Staff has agreed to provide SOC with written responses to a number of interrogatories.

Those written responses will be mailed by the Staff on or before August 12, 1981.

B. On July 27,' Staff provided SOC with four documents responsive to part of SOC's discovery request. Additional documents will be mailed by the Staff on or before August 12, 1981.

C. With regard to any remaining SOC discovery requests, SOC and Staff have agreed to continue informal discovery sessions.

It is expected that the requests will be further focused on the areas of concern to SOC and that written or documentary responses from the Staff will be forthcoming. ,

D. LILCO does not object to the above agreement so long as it is kept apprised of the informal discovery that is conducted.

l E. Based on the above, SOC and Staff ask the Board to

! continue to hold in abeyance its formal consideration of the SOC l discovery requests pending futher informal discussions between

! the parties.

II.

l l

LILCO, Staff and SOC have agreed to resume meeting for i the purposes of informal discovery and discussions regarding SOC contentions. Such a meeting was held-on July 28, 1981, in i

, Bethesda, Md. At that time, LILCO agreed to support this motion to extend the time within which SOC and Staff may respond to LILCO's motions for summary disposition of SOC Contentions 1-3, and 6(a)(1) . These parties ask that the date be extended to September 18, 1981.2/ , .

SOC has agreed to drop contention 12 (part two) subject to confirmation of the statements made in the " Affidavit of Brian R. McCaffrey Concerning SOC Contention 12 (Part Twc)" in revision 5 to the Shoreham Design Assessment Report (DAR).

Therefore, LILCO withdraws its motion for summary disposition of SOC Contention 12 (part two). If, however, upon receipt of DAR, revision 5, SOC informs the parties that it believes the assertions in the McCaffrey affidavit have not been confirmed, LILCO will be free to renew its motion.

SOC, LILCO and NRC Staff have tentatively agreed to meet again during the week of August 24. In view of the renewed effort to resolve issues informally, these three parties have agreed that formal discovery requests,1/ motions for summary disposition or l motions to compel will not be filed before August 31, 1981. Also, l

l 2/ Informal discussions will be held in August concerning l

these contentions and further extension may be requested.

2/ SOC will be submitting questions to LILCO regarding l SOC Contention 19. SOC will not seek to enforce its right to l receive answers within the time allowed by 10 CFR $ 2.740b.

Rather, LILCO will engage the questions informally at the next meeting.

l

7 '

these parties ask that the time for resp._ es to SOC's motion for reconsideration of SOC Contention 19 dated July 30, 1981, be extended until September 11, 1981.

III.

SOC submitted d, draft of SOC Contention 7(a)(ii) (TMI issues) to Staff and LILCO on July 27,1981.b/ The parties will attempt to reach agreement on a particularized contention by August 31, 1981. On that date, SOC will submit to the Board and serve on all parties its final proposed contention 7(a)(ii) . The parties will then submit pleadings as they see fit. Accordingly, SOC, LILCO and NRC Staff request rescheduling of the pre-hearing conference on TMI issues tentatively scheduled for September 2, 1981, to a date to be suggested by the parties in the status report mentioned in Part IV below.

IV.

SOC, Staff and LILCO ask the Board to approve the agreements set forth above. If the Board does approve this stipulation, these parties will file a status report with Board by August 25, 1981, b During a conference call with the Board on June 29, 1981, SOC's attorney indicated that its TMI contention would be drafted by mid to late July with responses and briefs to be sub-mitted by the parties thereafter. In the hope that the parties can reach agreement on a TMI contention acceptable for litigation, SOC has first submitted the draft contention to Staff and LILCO for informal review and comment.

) ~

concerning the progress of informal discovery and discussione on SOC's contentions.

Respectfully submitted LONG ISLAND LIGHTING COMPANY f

)

'Is(Jesw .

. h. ' y W. Taylor /e'veley,III((

Anthony F. Earley, Jr.

SHOREHAM OPPONENTS COALITION Stephen B. Latham NRC STAFF Bernard M. Bordenick Dated: August 6, 1981 l

h

, ~ , . . - _

__ . , , . - . , _ . . - _ . . . , , . _, _ . . . , - _ , . _ , . . _ , , _ _ , _ . . . . . , . ~ , . . - , . _ , , , , , . . , _ . . , , . . , . . . _ , . . _ . . _ _ _ _ . _ _ , , ,