ML20053E093

Advises That Suffolk County Objects to NRC Treatment of County 820512 Request for Documents as Informal Discovery Request.Documents Under Category 2 of NRC 820224 Response Should Be Provided or County Notified If None Exist

ML20053E093
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/01/1982
From:	Mcmurray C KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
Shared Package
ML20053E074	List: ML20053E093
References
NUDOCS 8206070595
Download: ML20053E093 (2)

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KInxrArnIcx, LOCKIIART, HILL, CURISTOPHER Se PHILLIPS A FAmrysmaurr Inctcomo A PuormeenanAL Comsamarrow 1900 M Srnnzr, N. W.

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Bernard M. Bordenick United States Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Bordenick:

Suffolk County is in receipt of the Staff's filing of May 24, 1982 entitled NRC STAFF'S RESPONSE TO "SUFFOLK COUNTY'S REQUEST FOR PRODUCTION OF EMERGENCY PLANNING DOCUMENTS TO THE

[NRC]," and the documents attached thereto. The Staff's response indicates that it has decided to treat Suffolk County's request for documents, filed on May 12, 1982, as an " informal discovery request." Suffolk County objects to this Staff action, which was taken without prior consultation. However, based upon the understanding set forth below, the County will not pursue its objection further.

In a discussion with Larry Lanpher on May 27, 1982 con-cerning this matter, you stated that although the County's document request was treated as " informal" discovery, the County had in fact received with the Staff's filing all docu-ments pertinent to the County's document request except for those items (1) on file in the Public Document Room, within '

the Shoreham docket or (2) which Suffolk County may have provided directly to the Staff. The last category of docu-ments is unclear since, to our knowledge, the County has provided no documents to the Staff. Accordingly, please promptly provide a list of these categcry 2 documents. ~

In sum, it is our understanding that the NRC Staff, through its response, has provided all documents, except those in the categories listed above, to which Suffolk County would be entitled if the Staff had considered the document request as a

" formal" discavery request. Therefore, unless we hear from the Staff to the contrary, Suffolk County will assume that it has received all of the items that it should have received.

pursuant to its formal request for document production.

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ErnurArnicx, LocxHART, HIM., CHRISTOPHEm & PHILLIPS Bernard M. Bordenick June 1, 1982 Page 2 . , -

Your prompt attention to this matter is. appreciated.

Yours truly, -

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A Christopher M. McMurray CMM/jb 9

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