ML20054L761

Status Rept of Counsel Pursuant to ASLB OL Hearing Instructions.Certificate of Svc Encl

ML20054L761
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	07/06/1982
From:	Sedky C KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:
References
ISSUANCES-OL, NUDOCS 8207080447
Download: ML20054L761 (6)

Text

._

i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION N' 'O ED BEFORE THE ATOMIC SAFETY AND LICENSING BOARD s

)

In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No.- 50-322 0.L.

) (Emergency Planning (Shoreham Nuclear Power ) Proceedings)

Station, Unit 1) )

)

STATUS REPORT OF COUNSEL The following report is submitted pursuant to the Board's instructions given during the course of the licensing hearing.

At the Board's request, counsel for the LILCO, for Suffolk County and for the Commission staff met in Washington, D.C. on Wednesday, June 30, 1982 in order to consider the fol-lowing:

(i) The need for greater particularization of the i

Consolidated Emergency Planning Contentions filed by t

i Suffolk County, the Shoreham Opponents Coalition (" SOC")

and the North Shore Committee Against Nuclear and Thermal Pollution ("NSC");

(ii) Areas of potential settlement and compromise; and (iii) Establishing a discovery schedule.

At the June 30 meeting, counsel for LILCO, counsel for Suffolk County and counsel for the NRC staff reviewed the 8207080447 820706 PDR ADOCK 05000322 o PDR Y $]

Consolidated Contentions paragraph by paragraph and exchanged views as to the need for further particularization. As a re-sult of that review, many of LILCO's and the staff's sugges-tions have been incorporated in the First Amended Consolidated Emergency Planning Contentions being filed contemporaneously herewith. Since neither counsel for SOC nor counsel for NSC was present in person at the June 30 meeting, such counsel were apprised by telephone of actions taken at the June 30 meeting.

Moveover, counsel for LILCO and counsel for NSC also discussed by telephone the need for greater particularization of NSC's contentions. On July 2, 1982, counsel for NSC transmitted to other counsel revised contentions of NSC. These contentions have been fully incorporated into the First Amended Consolidated Contentions being filed herewith.

Also during the course of the June 30 meeting, coun-sel for LILCO and counsel for Suffolk County explored particu-lar contentions which might be compromised and settled prior to trial. Several specific contentions were identified as candi-dates for settlement, and counsel expressed willingness to con-tinue to search for additional areas where common ground may exist.

Finally, counsel for the parties have agreed to the following as a schedule for discovery concerning the litigation of LILCO's emergency plan:

_2-

A. On or before July 7, 1982, each party seeking discovery shall furnish to the parties from whom discovery is sought, a request for an identification of witnesses who have knowledge of the matters as to which discovery is sought; B. On or before July 9, 1982, the parties shall fur-nish the information requested of them pursuant to subpar-agraph A above; C. On or before July 13, 1982, the parties shall confer and identify depositions which they expect to take and to establish an orderly schedule for the taking of such depositions:

D. On or before July 20, 1982, all parties shall file and serve any interrogatories and reguests for admis-sions. In view of the informal discovery which is expec-ted to be ongoing during the entire discovery period, the parties do not anticipate the need to utilize any i'nter-rogatories. Instead, they contemplate that interroga-i tories will be filed mostly as a matter of record in the event that a dispute arises as to the scope of permissible discovery; and E. All discovery shall be concluded on or before July 30, 1982.

D l

i

As noted, the parties expect to be able to conduct 4

much of their discovery informally in a good faith effort to conclude all discovery within the time-frame contemplated.

However, in view of the extremely severe deadline within which the parties are operating, the schedule set forth above does not include any time to resolve discovery disputes, any of which will have to be resolved by the Board outside the disco-very period.

Respectfully submitted, DAVID J. GILMARTIN Suffolk County Attorney PATRICIA A. DEMPSEY Assistant Suffolk County Attorney Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 i ',

Herbdt y B'rown /

Cherif Sedky Christopher M. McMurray KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, NW, Suite 800 Washington, D.C. 20036 (202) 452-7000 l Attorneys for Suffolk County Dated: July 6, 1982 l

l l

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 (0.L.)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of the Status Report of Counsel were sent on July 6, 1982, by first class U.S. Mail, postage prepaid, to the following:

Lawrence Brenner, Esq.* Ralph Shapiro, Esq.

Administrative Judge Cammer and Shapiro Atomic Safety and Licensing Board 9 East 40th Street U.S. Nuclear Regulatory Commission New York, New York 10016 Washington, D.C. 20555 Howard L. Blau, Esq.

Dr. James L. Carpenter

• 217 Newbridge Road Administrative Judge Hicksville, New York 11801 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission W. Taylor Reveley III, Esq.

Washington, D.C. 20555 Hunton & Williams P.O. Box 1535 707 East Main St.

Mr. Peter A. Morris

• Richmond, Virginia 23212 Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mr. Jay Dunkleberger Washington, D.C. 20555 New York State Energy Office Agency Building 2 Edward M. Barrett, Esq. Empire State Plaza General Counsel Albany, New York 12223 Long Island Lighting Company 250 Old Country Road Mineola, New York 11501 Stephen B. Latham, Esq.

Twomey, Latham & Shea Mr. Brian McCaffrey Attorneys at Law Long Island Lighting Company P.O. Box 398 175 East Old Country Road 33 West Second Street Hicksville, New York 11801 Riverhead, New York 11901

• / By hand

Marc W. Goldsmith Mr. Jeff Smith Energy Research Group, Inc. Shoreham Nuclear Power Station 400-1 Totten Pond Road P.O. Box 618 Waltham, Massachusetts 02154 North Country Road Wading River, New York 11792 Joel Blau, Esq., MHB Technical Associates New York Public Service Commission 1723 Hamilton Avenue The Governor Nelson A. Rockefeller Suite K Building San Jose, California 95125 Empire State Plaza Albany, New York 12223 Hon. Peter Cohalan

'Suffolk County Executive David H. Gilmartin, Esq. County Executive / Legislative Suffolk County Attorney Building County Executive / Legislative Bldg. Veterans Memorial Highway Veterans Memorial Highway Hauppauge, New York 11788 Hauppauge, New York 11788 Ezra I. Bialik, Esq.

Atomic Safety and Licensing Assistant Attorney General Board Panel Environmental Protection Bureau U.S. Nuclear Regulatory Commission New York State Department of Washington, D.C. 20555 Law 2 World Trade Center Docketing and Service Section New York, New York 10047 Office of the Secretary U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board U.S. Nuclear Regulatory Bernard M. Bordenick, Esq. Commission David A. Repka, Esq. Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Matthew J. Kelly, Esq.

Staff Counsel, New York Stuart Diamond State Public Service Comm.

Environment / Energy Writer 3 Rockefeller Plaza NEWSDAY Albany, New York 12223

Long Island, New York 11747 i

Cherif Sedky, Esq.

Kirkpatrick, Lockhart, Johnson & Hutchison 1500 Oliver Building Pittsburgh, Pennsylvania 15222

,- .f l / /

KIRKPATRICK, LOCKHART, HILL, l

l CHRISTOPHER & PHILLIPS DATE: //3 1900 M Street, N.W., 8th Floor Washington, D.C. 20036 l

L