ML20027E533
| ML20027E533 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 11/09/1982 |
| From: | Christman J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20027E520 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8211150472 | |
| Download: ML20027E533 (5) | |
Text
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LILCO, November 9, 1982 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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Docket No. 50-322-OL LONG ISLAND LIGHTING COMPANY
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(Emergency Planning -
(Shoreham Nuclear Power Station,
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Phase I)
Unit 1)
)
LILCO'S MOTION TO STRIKE PORTIONS OF THE DIRECT TESTIMONY OF FRED C.
FINLAYSON LILCO hereby moves to strike portions of the Direct Testimony of Fred C.
Finlayson on behalf of Suffolk County Regarding Contention EP 14, Accident Assessment and Dose Assessment Models.
LILCO moves to strike lines 19-24 of page 8, pages 9-20, lines 12-24 on page 22, lines 1-9 and the first three words of line 10 on page 23, pages 24-26, the first five lines of page 27, and line 10 on page 27 through line 13 on page 28 (the PRA testimony) because they are outside the scope of contention EP 14.
LILCO moves to strike lines 11-24 of page 5, pages 6-7, lines 1-18 of page 8, and lines 6-9 of paae-27 (the Gaussian plume testimony) because they deal with a subject outside the witness's expertise.
PRA Testimony Much of Dr. Finlayson's testimony is outside the scope of EP 14.
Under the NRC rules of practice, testimony must be 8211150472 821109 PDR ADOCK 05000322 0
- relevant to the issues in the contention.
10 C.F.R.
S 2.743(c).1/
And irrelevant testimony is the proper subject of a motion to strike.
See 10 C.F.R. Part 2, Appendix A, V(d)(7).
The Board has the power to implement these provi-sions, both through its general power to regulate the conduct of a hearing, 10 C.F.R.
S 2.718, and through the specific au-thority under 10 C.F.R.
s 2.757(b) to strike argumentative, repetitious, cumulative or irrelevant evidence.
Accordingly, LILCO moves to strike the parts of Dr. Finlayson's testimony specified above.
The basis for this motion to strike is the Board's Prehearing Conference Order (Phase I -- Emergency Planning) dated July 27, 1982, at 18-21, where the Board ruled in part as follows:
We therefore do not see the need to litigate LILCO's PRA in these circumstances, unless LILCO attempts to rely upon its PRA in either its direct or rebuttal testimony on this contention.
. Therefore, if LILCO can make its case using only evidence of "other means" used to ensure the accuracy of its assessment models, we see no reason to litigate LILCO's PRA in this context, unless LILCO intends to rely on it.
1/
Title 10 C.F.R.
S 2.743(c) says this:
Only relevant, material, and reliable evidence which is not unduly repetitious will be admitted.
Immaterial or irrelevant parts of an admissible docu-ment will be segregated and excluded so far as is practicable.
F.
LILCO has not attempted to rely on its PRA in its testimony, and therefore evidence on the PRA is outside the scope of this contention.
Accordingly, the County's testimony on EP 14 attempts to do precisely what the Board ruled in its July 27 order should not be done, that is, to litigate a PRA on which LILCO does not rely in its emergency planning.
For this reason, the portions of Dr. Finlayson's testimony cited above should be stricken.
Gaussian Plume Testimony The other cited portions of Dr. Finlayson's testimony should be stricken because they deal with the adequacy of
" straight-line trajectory, Gaussian dispersion methods" for predicting cloud motions.
As far as we can tell, Dr.
Finlayson's resume (Attachment 1 to his testimony) does not reveal that he is qualified to assess different types of plume models, and therefore the " Gaussian plume" portions of his tes-timony should be stricken.
Respectfully submitted, LONG ISLAND LIGHTING COMPANY By
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p6mesN.
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Christman Hunton & Williams P.O. Box 1535 707 East Main Street Richmond, VA 23212 DATED:
November 9, 1982
LILCO, Novembsr 9, 1982 i
CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322 (OL)
I hereby certify that copies of LILCO's Motion to Strike Portions of the Direct Testimony of Fred C.
Finlayson were served upon the following by first-class mail, postage prepaid, by Federal Express (as indicated by an asterisk), or by hand (as indicated by two asterisks), on November 9, 1982:
Lawrence Brenner, Esq.**
Secretary of the Commission Administrative Judge U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Panel Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C.
20555 Appeal Board Panel U.S. Nuclear Regulatory Dr. Peter A. Morris **
Commission Administrative Judge Washington, D.C.
20555 Atomic Safety and Licensing Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Dr. James H. Carpenter **
Administrative Judge Daniel F. Brown, Esq.
Atomic Safety and Licensing Attorney Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555
e Bernard M. Bordenick, Esq.**
David J.
Gilmartin, Esq.
David A. Repka, Esq.
Attn:
Patricia A. Dempsey, Esq.
U.S. Nuclear Regulatory County Attorney Commission Suffolk County Department of Law Washington, D.C.
20555 Veterans Memorial Highway Hauppauge, New York 11787 Herbert H. Brown, Esq.**
Stephen B. Latham, Esq.*
Lawrence Coe Lanpher, Esq.
Twomey, Latham & Shea Karla J.
Letsche, Esq.
33 West Second Street Kirkpatrick, Lockhart, Hill, P. O.
Box 398 Christopher & Phillips Riverhead, New York 11901 8th Floor 1900 M Street, N.W.
Ralph Shapiro, Esq.*
Washington, D.C.
20036 Cammer and Shapiro, P.C.
9 East 40th Street Mr. Mark W. Goldsmith New York, New York 10016 Energy Research Group 4001 Totten Pond Road Howard L. Blau, Esq.
Waltham, Massachusetts 02154 217 Newbridge Road Hicksville, New York 11801 MHB Technical Associates 1723 Hamilton Avenue Matthew J. Kelly, Esq.
Suite K State of New York San Jose, California 95125 Department of Public Service Three Empire State Plaza Mr. Jay Dunkleberger Albany, New York 12223 New York State Energy Office Agency Building 2 Empire State Plaza Albany, New York 12223 James N. Christman Hunton & Williams 707 East Main Street P.O.
Box 1535 Richmond, Virginia 23212 DATED:
November 9, 1982