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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20093G4541995-10-18018 October 1995 Comment Supporting Proposed Rules 10CFR2,50 & 51 Re Decommissioning Procedures for Nuclear Power Reactors ML20058K7381993-12-0303 December 1993 Memorandum & Order CLI-93-25.* Commission Denies State of Nj Petition for Leave to Intervene & Request for Adjudicatory Hearing Filed on 931008.W/Certificate of Svc.Served on 931203 ML20058E0151993-11-14014 November 1993 Comment Opposing Proposed Rule 10CFR50 Re Exemptions in Accident Insurance for Nuclear Power Plants Prematurely Shut Down ML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20059B0621993-10-20020 October 1993 Long Island Power Authority Response to Nuclear Regulatory Commission Order of 931014.* Requests That NRC Reject State of Nj Filing.W/Certificate of Svc ML20057G2141993-10-14014 October 1993 Order.* Requests for Simultaneous Responses,Not to Exceed 10 Pages to Be Filed by State,Peco & Lipa & Served on Other Specified Responders by 931020.NRC May File by 931022. W/Certificate of Svc.Served on 931014 ML20059A4581993-10-14014 October 1993 Order Requesting Answers to Two Questions Re State of Nj Request for Immediate Action by NRC or Alternatively, Petition for Leave to Intervene & Request for Hearing. Operations Plans for Marine Transportation Withheld ML20059F0191993-10-0808 October 1993 Long Island Power Authority Reply to New Jersey Filing of 931020.* Licensee Requests That NRC Deny State of Nj Intervention Petition.W/Certificate of Svc ML20057F2191993-09-30030 September 1993 Exemption from Requirements of 10CFR50.54(q) Eliminating Licensee Requirement to Follow & Maintain in Effect Emergency Plans ML20059B1291993-09-14014 September 1993 Affidavit of Jh Freeman.* Discusses Transfer of Slightly Used Nuclear Fuel from Shoreham Nuclear Power Station to Limerick Generating Station.W/Certificate of Svc & Notice of Appearance ML20097C3241992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Joint Opposition to Issuance of Decommissioning Order Prior to Hearing.* W/Certificate of Svc ML20097C2911992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeal.* Dismisses 911203 Notice of Appeal W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees Due to Encl Settlement Agreement. W/Certificate of Svc ML20097C2891992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeals.* Appeals Being Dismissed Due to Encl Settlement Agreement.Nrc Should Dismiss Appeals W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees.W/Certificate of Svc ML20097C1361992-06-0303 June 1992 Petitioners Consented Motion to Dismiss.* Petitioners by Counsel Move ASLB to Dismiss Petitioners as Petitioners for Leave to Intervene & Request for Hearing in Proceeding W/ Prejudice.W/Certificate of Svc ML20097C2631992-06-0303 June 1992 Petitioner Consented Motion to Dismiss.* NRC Should Issue Order Dismissing School District & Scientists & Engineers for Secure Energy,Inc as Petitioners in Proceeding.W/ Settlement Agreement & Certificate of Svc ML20097C1081992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Appeal.* Petitioners Hereby Move to Dismiss 910628 Notice of Appeal in Matter W/Prejudice & W/Each Party to Bear Own Costs & Atty Fees.W/ Certificate of Svc ML20096A5921992-05-0707 May 1992 Motion to Withdraw Supplemental Filing.* Petitioners Urge NRC to Allow Withdrawal of Supplement for Good Cause Shown. W/Certificate of Svc ML20096A5311992-05-0606 May 1992 Long Island Power Authority Comments on SECY-92-140 & Response to Petitioner Joint Opposition to Decommissioning Order.* Util Urges NRC to Adopt Recommendation in SECY-92-140 & Approve Order.W/Certificate of Svc ML20096A5071992-05-0505 May 1992 Suppl to Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Supplements Joint Opposition Prior to Hearing.W/Certificate of Svc ML20095K8991992-04-29029 April 1992 Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Petitioners Urge Commission to Reject NRC Staff Proposal in SECY-92-140.W/Certificate of Svc ML20095H5611992-04-28028 April 1992 Affidavit of Lm Hill.* Affidavit of Lm Hill Supporting Util Position That Circumstances Exist Warranting Prompt NRC Action on NRC Recommendation That Immediately Effective Order Be Issued Approving Decommissioning Plan ML20094G3971992-02-26026 February 1992 Notice of State Taxpayer Complaint & Correction.* NRC Should Stay Hand in Approving Application for License Transfer as Matter of Comity Pending Resolution of Question as Util Continued Existence in Ny State Courts.W/Certificate of Svc ML20094G2261992-02-25025 February 1992 Petitioner Notice of Lilco/Long Island Power Authority Exaggeration & of Commencement of State Court Action.* NRC Should Await Ny State Decision Re Matter within Special Jurisdiction.W/Certificate of Svc ML20092K9021992-02-24024 February 1992 Petitioner Opposition to Ltr Request for Dismissal of Pages.* Suggests That Transfer of License Inappropriate at Present Time.W/Certificate of Svc ML20092K9511992-02-21021 February 1992 Response of Lilco & Long Island Power Authority to Petitioner Opposition to NRC Staff Recommendation for License Transfer Approval.* W/Certificate of Svc ML20092K8701992-02-20020 February 1992 Petitioners Opposition to NRC Staff Recommendation for Approval of License Transfer.* Urges Commission to Reject NRC Recommendation in SECY-92-041 & Remand Matter for Consideration in Normal Proceeding.W/Certificate of Svc ML20091E2661992-02-20020 February 1992 Petitioner Opposition to NRC Staff Motion to Dismiss.* Petitioners Urge NRC to Deny Staff Motion or Defer Action Until Petitioners Have Fully Developed Petitions & Supplied Detailed Contentions.W/Certificate of Svc ML20091E4011992-02-18018 February 1992 Answer of Long Island Power Authority to NRC Staff Motion to Dismiss Intervention Petitions.* Util Urges NRC to Grant Motion & Dismiss Intervention Petitions.W/Certificate of Svc ML20091E3161992-02-13013 February 1992 Lilco Response to NRC Staff Motion to Dismiss Intervention Petitions on Decommissioning Plan.* Requests That Petitions Be Struck & Petitioners Be Instructed of Possible Dismissal.W/Certificate of Svc ML20092D2931992-02-0606 February 1992 Answer Denying Petitions for Leave to Intervene & Request for Prior Hearing Re Decommissioning ML20091E2741992-02-0606 February 1992 Answer of Long Island Power Authority to Intervention Petitions Concerning Shoreham Decommissioning Plan.* Requests That Petitions for Leave & Requests for Hearing Be Denied.W/Certificate of Svc & Notice of Appearance ML20091E2941992-02-0606 February 1992 Lilco Opposition to Petitioner Request for Hearing on Shoreham Decommissioning Plan.* Informs That Util Opposes Both Requests for Hearing.W/Certificate of Svc ML20091E2831992-01-22022 January 1992 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition for Leave Be Granted & Hearing Held. W/Certificate of Svc & Notice of Appearance ML20091E2811992-01-22022 January 1992 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition Be Granted & Hearing Be Held.W/Certificate of Svc & Notice of Appearance ML20086T7231992-01-0303 January 1992 Motion of Long Island Power Authority for Leave to File Supplemental Matls.* Requests That Supplemental Memorandum & Supplemental Legislative History Matls Be Filed. W/Certificate of Svc ML20086T7541992-01-0303 January 1992 Memorandum of Long Island Power Authority Concerning Supplemental Legislative History Matls.* Supports Legislative History & Argues That License Not Subj to Termination Under Section 2828.W/Certificate of Svc ML20086Q9171991-12-30030 December 1991 Lilco Opposition to Petitioners Request for Stay & Suggestion of Mootness.* Suggests That Stay Request & Suggestion of Mootness Be Denied.W/Certificate of Svc ML20086Q9281991-12-30030 December 1991 Opposition of Util to Motion for Stay of License Transfer & to Suggestion of Mootness.* Concluded That Relief Sought in Petitioner Motion & Suggestion Should Be Denied. W/Certificate of Svc ML20091H8261991-12-19019 December 1991 Suggestion of Mootness Due to Long Island Power Authority Imminent Demise.* Concludes That If Commission Were to Transfer Shoreham Licenses to Lipa,Nrc Could Find Itself W/Class 103 Facility W/O Licensee.W/Certificate of Svc ML20091H8661991-12-18018 December 1991 Lilco Opposition to SE2 Appeal from LBP-91-26 & LBP-91-39. Concludes That Appeal Should Be Summarily Rejected or Be Denied on Merits.W/Certificate of Svc ML20086N1661991-12-17017 December 1991 Motion for Stay of License Transfer Pending Final Order on Petition to Intervene & Request for Hearing & for Addl or Alternative Stay.W/Certificate of Svc ML20086M0791991-12-16016 December 1991 Certificate of Svc.* Certifies Svc of Petitioner Notice of Appeal & Brief in Support of Appeal in Proceeding to Listed Individuals ML20086J6351991-12-0909 December 1991 Lilco Opposition to Petitioners Contentions on License Transfer Amend.* Concludes That License Transfer Amend Contentions Be Rejected & Petitioner Request to Intervene Denied.W/Certificate of Svc ML20086J3521991-12-0909 December 1991 Response of Long Island Power Authority to Petitioners Joint Supplemental Petition.* Board Should Dismiss Petitions to Intervene for Lack of Standing & Reject All Contentions Proffered by Petitioners.W/Certificate of Svc ML20094E1041991-12-0909 December 1991 Response to Long Island Power Authority to Petitioners Joint Supplemental Petition ML20091G2051991-12-0303 December 1991 Brief in Support of Appeal.* Commission Should Consider Appeal on Basis That Findings of Matl of Facts Clearly Erroneous.W/Certificate of Svc ML20091G1971991-12-0303 December 1991 Notice of Appeal.* Informs of Appeal of LBP-91-26 & LBP-91-39 in Facility possession-only License Proceeding ML20086C5381991-11-18018 November 1991 Petitioner Joint Supplemental Petition.* Petition Includes List of Contentions to Be Litigated in Hearing Re License Transfer Application.W/Certificate of Svc ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* 1995-10-18
[Table view] Category:PLEADINGS
MONTHYEARML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B0621993-10-20020 October 1993 Long Island Power Authority Response to Nuclear Regulatory Commission Order of 931014.* Requests That NRC Reject State of Nj Filing.W/Certificate of Svc ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20059F0191993-10-0808 October 1993 Long Island Power Authority Reply to New Jersey Filing of 931020.* Licensee Requests That NRC Deny State of Nj Intervention Petition.W/Certificate of Svc ML20097C2631992-06-0303 June 1992 Petitioner Consented Motion to Dismiss.* NRC Should Issue Order Dismissing School District & Scientists & Engineers for Secure Energy,Inc as Petitioners in Proceeding.W/ Settlement Agreement & Certificate of Svc ML20097C2911992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeal.* Dismisses 911203 Notice of Appeal W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees Due to Encl Settlement Agreement. W/Certificate of Svc ML20097C1361992-06-0303 June 1992 Petitioners Consented Motion to Dismiss.* Petitioners by Counsel Move ASLB to Dismiss Petitioners as Petitioners for Leave to Intervene & Request for Hearing in Proceeding W/ Prejudice.W/Certificate of Svc ML20097C1081992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Appeal.* Petitioners Hereby Move to Dismiss 910628 Notice of Appeal in Matter W/Prejudice & W/Each Party to Bear Own Costs & Atty Fees.W/ Certificate of Svc ML20097C2891992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeals.* Appeals Being Dismissed Due to Encl Settlement Agreement.Nrc Should Dismiss Appeals W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees.W/Certificate of Svc ML20097C3241992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Joint Opposition to Issuance of Decommissioning Order Prior to Hearing.* W/Certificate of Svc ML20096A5921992-05-0707 May 1992 Motion to Withdraw Supplemental Filing.* Petitioners Urge NRC to Allow Withdrawal of Supplement for Good Cause Shown. W/Certificate of Svc ML20096A5311992-05-0606 May 1992 Long Island Power Authority Comments on SECY-92-140 & Response to Petitioner Joint Opposition to Decommissioning Order.* Util Urges NRC to Adopt Recommendation in SECY-92-140 & Approve Order.W/Certificate of Svc ML20096A5071992-05-0505 May 1992 Suppl to Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Supplements Joint Opposition Prior to Hearing.W/Certificate of Svc ML20095K8991992-04-29029 April 1992 Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Petitioners Urge Commission to Reject NRC Staff Proposal in SECY-92-140.W/Certificate of Svc ML20094G2261992-02-25025 February 1992 Petitioner Notice of Lilco/Long Island Power Authority Exaggeration & of Commencement of State Court Action.* NRC Should Await Ny State Decision Re Matter within Special Jurisdiction.W/Certificate of Svc ML20092K9021992-02-24024 February 1992 Petitioner Opposition to Ltr Request for Dismissal of Pages.* Suggests That Transfer of License Inappropriate at Present Time.W/Certificate of Svc ML20092K9511992-02-21021 February 1992 Response of Lilco & Long Island Power Authority to Petitioner Opposition to NRC Staff Recommendation for License Transfer Approval.* W/Certificate of Svc ML20092K8701992-02-20020 February 1992 Petitioners Opposition to NRC Staff Recommendation for Approval of License Transfer.* Urges Commission to Reject NRC Recommendation in SECY-92-041 & Remand Matter for Consideration in Normal Proceeding.W/Certificate of Svc ML20091E2661992-02-20020 February 1992 Petitioner Opposition to NRC Staff Motion to Dismiss.* Petitioners Urge NRC to Deny Staff Motion or Defer Action Until Petitioners Have Fully Developed Petitions & Supplied Detailed Contentions.W/Certificate of Svc ML20091E4011992-02-18018 February 1992 Answer of Long Island Power Authority to NRC Staff Motion to Dismiss Intervention Petitions.* Util Urges NRC to Grant Motion & Dismiss Intervention Petitions.W/Certificate of Svc ML20091E3161992-02-13013 February 1992 Lilco Response to NRC Staff Motion to Dismiss Intervention Petitions on Decommissioning Plan.* Requests That Petitions Be Struck & Petitioners Be Instructed of Possible Dismissal.W/Certificate of Svc ML20091E2941992-02-0606 February 1992 Lilco Opposition to Petitioner Request for Hearing on Shoreham Decommissioning Plan.* Informs That Util Opposes Both Requests for Hearing.W/Certificate of Svc ML20091E2741992-02-0606 February 1992 Answer of Long Island Power Authority to Intervention Petitions Concerning Shoreham Decommissioning Plan.* Requests That Petitions for Leave & Requests for Hearing Be Denied.W/Certificate of Svc & Notice of Appearance ML20091E2811992-01-22022 January 1992 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition Be Granted & Hearing Be Held.W/Certificate of Svc & Notice of Appearance ML20091E2831992-01-22022 January 1992 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition for Leave Be Granted & Hearing Held. W/Certificate of Svc & Notice of Appearance ML20086T7231992-01-0303 January 1992 Motion of Long Island Power Authority for Leave to File Supplemental Matls.* Requests That Supplemental Memorandum & Supplemental Legislative History Matls Be Filed. W/Certificate of Svc ML20086Q9281991-12-30030 December 1991 Opposition of Util to Motion for Stay of License Transfer & to Suggestion of Mootness.* Concluded That Relief Sought in Petitioner Motion & Suggestion Should Be Denied. W/Certificate of Svc ML20086Q9171991-12-30030 December 1991 Lilco Opposition to Petitioners Request for Stay & Suggestion of Mootness.* Suggests That Stay Request & Suggestion of Mootness Be Denied.W/Certificate of Svc ML20091H8261991-12-19019 December 1991 Suggestion of Mootness Due to Long Island Power Authority Imminent Demise.* Concludes That If Commission Were to Transfer Shoreham Licenses to Lipa,Nrc Could Find Itself W/Class 103 Facility W/O Licensee.W/Certificate of Svc ML20091H8661991-12-18018 December 1991 Lilco Opposition to SE2 Appeal from LBP-91-26 & LBP-91-39. Concludes That Appeal Should Be Summarily Rejected or Be Denied on Merits.W/Certificate of Svc ML20086N1661991-12-17017 December 1991 Motion for Stay of License Transfer Pending Final Order on Petition to Intervene & Request for Hearing & for Addl or Alternative Stay.W/Certificate of Svc ML20086J3521991-12-0909 December 1991 Response of Long Island Power Authority to Petitioners Joint Supplemental Petition.* Board Should Dismiss Petitions to Intervene for Lack of Standing & Reject All Contentions Proffered by Petitioners.W/Certificate of Svc ML20086J6351991-12-0909 December 1991 Lilco Opposition to Petitioners Contentions on License Transfer Amend.* Concludes That License Transfer Amend Contentions Be Rejected & Petitioner Request to Intervene Denied.W/Certificate of Svc ML20091G2051991-12-0303 December 1991 Brief in Support of Appeal.* Commission Should Consider Appeal on Basis That Findings of Matl of Facts Clearly Erroneous.W/Certificate of Svc ML20086C5381991-11-18018 November 1991 Petitioner Joint Supplemental Petition.* Petition Includes List of Contentions to Be Litigated in Hearing Re License Transfer Application.W/Certificate of Svc ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* ML20082G8971991-08-0909 August 1991 Lilco Responses to Petitioner Filings of 910805 & 06.* W/Certificate of Svc ML20082G8441991-08-0707 August 1991 Motion for Offical Notice to Correct Representation.* Moves Board to Take Official Notice of Encl NRC Records to Correct Representation Made at Prehearing Conference. W/Certificate of Svc ML20082G8571991-08-0707 August 1991 Petitioners Response to Lilco Re Physical Security Plan.* Petitioners Suggest That Util post-hearing Filing Does Not Dispose of Any Issue as to Util Compliance W/Settlement Agreement.W/Certificate of Svc ML20076D0721991-07-22022 July 1991 Petitioners First Emergency Motion for Stay.* Movants Urge Commission,In Interest of Justice,To Enjoin Lilco from Taking Any Actions Under possession-only License Which Might Moot Renewed Application for Stay.W/Certificate of Svc ML20076D1541991-07-22022 July 1991 Lilco Response to Petitioner Emergency Motions.* Believes Petitioner Emergency Motions Should Be Denied to End Frivolous Pleadings & Burdens of Time & Resources of Nrc. W/Certificate of Svc ML20076D0841991-07-21021 July 1991 Petitioners Second Emergency Motion for Stay.* Petitioners Urge Commission,Ex Parte,To Enjoin Lilco,From Any & All Acts W/Respect to Shoreham Which Would Be Inconsistent W/Nrc Representation in Court.W/Certificate of Svc ML20076D2071991-07-15015 July 1991 Lilco Opposition to Shoreham-Wading River Central School District (Swrcsd) Appeal from LBP-91-26.* Appeal Should Be Denied Due to Listed Reasons.W/Certificate of Svc ML20082D4051991-07-12012 July 1991 Lilco Opposition to SE-2s Contentions on Possession Only License Amend.* Concludes That Contentions Should Be Rejected & Request for Hearing on Possession Only License Amend Should Be Denied.W/Certificate of Svc ML20082D4001991-07-12012 July 1991 Movant-intervenors Motion for Change of Venue of Prehearing Conference.* Intervenors Request Change of Venue of 910730 Prehearing Conference from Hauppauge,Ny to Washington DC Area.W/Certificate of Svc ML20082D3891991-07-10010 July 1991 Lilco Support of NRC Staff Motion for Reconsideration of LBP-91-26.* for Reasons Listed,Nrc 910625 Motion Should Be Granted & Request for Hearing & Petition to Intervene in Amend Proceeding Should Be Denied.W/Certificate of Svc ML20082B4311991-07-0303 July 1991 Lilco Opposition to Petitioner Contentions on Confirmatory Order,Physical Security Plan & Emergency Preparedeness License Amends.* Petitioner Contentions Should Be Rejected & License Amends Denied.W/Certificate of Svc ML20082B3531991-07-0202 July 1991 Unopposed Motion for Variance in Svc Requirements.* Informs That Filing & Svc Requirements Presents No Obstacle to Filing W/Aslb or Svc Upon Any Parties.W/Certificate of Svc. Served on 910702.Granted for Licensing Board on 910702 ML20082B2461991-06-28028 June 1991 Movant-Intervenor Brief in Support Accompany Notice of Appeal.* School District Urges Commission to Reverse & Remand Dismissal Order W/Appropriate Guidance.W/Ceritifcate of Svc ML20082B2571991-06-28028 June 1991 Unopposed Motion for Variance in Svc Requirements.* Petitioners Urge ASLB to Grant Variance in Svc Procedures Requested to Allow Svc of Judge Ferguson.W/Certificate of Svc 1993-10-08
[Table view] |
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8/12/83 UNITED STATES OF AMERICA DO(KE7ED NUCLEAR REGULATORY COMMISSION UEEC Before the Atomic Safety and Licensing Board 83 AG 15 R2:51 Cir "'E c,..:r a.
r r a? , ;
E;n. '.
) Ed;.%;if In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 0.L.
)
(Shoreham Nuclear Power Station, )
Unit 1) )
)
SUFFOLK COUNTY RENEWAL OF MOTION TO COMPEL DISCOVERY On July 19, 1983, Suffolk County filed its " Motion to Compel Discovery." By Order of July 20, 1983, the Board deferred ruling on that Motion until after resolution of LILCO's Motion for Partial Summary Disposition, dated July 7, 1983, and until the parties made additional efforts to resolve their discovery disputes. During a conference call on July 25, 1983, the Board denied LILCO's Motion for Partial Summary Disposition, confirming that denial by the Board's Memorandum and Order, dated July 28, 1983.
Suffolk County and LILCO'took depositions during the.
period from July'27 through August 9, 1983. During this time namerous discussions were held regarding the County's document discovery requests, and the County narrowed and, to the extent possible, made its document requests more specific. Most of the County's document requests have been l
B308160478 830812 PDR ADOCK 05000322 Q PDR j
complied with by LILCO. However, LILCO has refused to comply with a number of the County's requests, on the grounds that such requests are overly broad or, as to documents relating to the quality assurance / quality control program at Delaval applicable to the production of cylinder heads, are outside the scope of the contention regarding the cracking of cylinder heads at Shoreham.
The documents requested by the County and refused by LILCO are listed on Attachment A to this renewed motion.
An examination of this list will confirm that the documents are specific to the extent reasonably possible. For example, items 1, 2, and 3 specifically identify constituent documents in the class of which the County is aware, and item 5 is a specific procedure. The County has no means to specify the documents requested by items 4 and 6.
The real thrust of LILCO's objection to the production of the quality assurance-related documents (items 1, 2, and 3 of Attachment A) is the allegation that they are outside the scope of the County's contention on the cracking of cylinder heads. This objection is without merit. The County's contention states that LILCO has failed to ensure rapid starting and reliable operation of the Shoreham emergency diesel generators . . .
[because] the diesels have suffered from cracking of [ cylinder heads].
The County and its consultants have taken the position that one of the causes for the cracking problems with the cylinder
heads, both old and new, is the inadequate and weakly implemented quality assurance program at Delaval applicable to the manufacture and testing of the cylinder heads.. See Affidavit of Marc W. Goldsmith, attached to the County's Answer and Opposition to LILCO's Motion for Partial Summary Disposition, dated July 22, 1983, at 11 12-14.
The nexus between the reliability required of the new-style heads to assure that they will not crack, and the Delaval QA program applicable to the production of those 4
heads, is illustrated in Mr. Goldsmith's deposition of August 8, 1983 (pp. 148-49):
Q. [By counsel for LILCO.] Mr. Goldsmith, you are aware, aren't you, that LILCO has committed to install the new type cylinder heads prior to fuel load, aren't you?
A. Yes, I am aware of that.
Q. Given that commitment, do you have any opinion or have you reached any conclusion with respect to what needs to be done or what should be done to demonstrate that there is reasonable assurance that cylinder heads will be reliable?
A. I have not formed a total opinion yet. I have a very strong opinion, at least on one report, which is that an Appendix B QA program needs to be strongly implemented i as opppsed to, as the staff consultant report says, as a weakly implemented QA j program, there needs to be a strongly l implemented QA program that provides documented and traceable, according to procedures, cylinder heads [so] that one can know that when Delaval says they did X or Y or Z, that that is documented according to those specific sets of standards and that one can trace both the head and the standards by which they
were manufactured. If there was -- there is at least one item that I have come to a conclusion about and that is that there needs to be an Appendix B program for the manufacture of cylinder heads and I don't believe that currently there is. The heads should meet those 18 criteria set out in Appendix B. That would be one area in the new heads that I would need to see the reliability about. Obviously, the further data that gives more specific details and information about the QA program and enough to make some judgments as to what specifically needs to be done to reach an Appendix B program would be helpful and appropriate.
We have asked for some of that data.
There is no question that the issue of the quality assurance program at Delaval, applicable to the production of the cylinder heads, has been an implicit part of the County's contention fully recognized by LILCO and the Board.
For example, this Board noted in its " Memorandum and Order Ruling on Suffolk County's Motion to Admit New Contention,"
LBP-83-30, 17 NRC , slip op. 36 (June 22, 1983):
LILCO stresses that the big advantage of the new heads is the improved casting technique and other changes in manu-facturing, testing, and quality control of the processes by the vendor.
Tr. 21,297-305 (Youngling, Kammayer) ; Youngling Af f; d
at 16-19.
Clearly, the quality control of Delaval is at issue in this contention, and as noted by the Board's observation' quoted above, is one of the important factors put forth by LILCO. Suffolk County is not attempting to expand its
contention into a general quality assurance contention as to Delaval; rather, the County seeks production of documents that go to the contested issue as to whether, under the quality assurance program at Delaval applicable to the 4 production of the new cylinder heads, the casting techniques and manufacturing and testing processes are being performed in a' manner to ensure that the heads will be reliable in that they will not experience cracking problems.
The documents requested in Attachment A are particularly relevant to the County's contention on cylinder head cracking, recognizing that before fuel load LILCO will replace the "old-style" heads with "new-style" ones. Item 1, QA documents applicable to the new-style heads, are relevant to the County i s position that the Delaval QA program does not ensure that the new-style heads will not continue to experience cracking problems. Item 2, QA documents applicable to the old-style heads, will permit a comparison of the old and new Delaval QA programs applicable to the production of cylinder heads, to determine if, in fact, Delaval has improved its quality control in a manner to reduce the likelihood of cracking defects. Item 3, LILCO's audits of the old QA programs, show defects in the Delaval QA program applicable to cylinder head production, and will permit an analysis to determine to what extent Delaval has corrected deficiencies.
Item 4 will assist the County to ascertain the details of the changes in casting techniques which LILCO asserts are
improvements; in this way the changes can be better evaluated.
Item 5 is clearly relevant and has been relied upon by LILCO as one of the tests which will detect cylinder head defects.
Item 6, documents showing casting defects in new-style heads and disclosing the number of such heads manufactured, is relevant to confirm or contradict data alleged by Delaval and LILCO as to the operating history of the new-style heads.
Suffolk County respectfully requests that the Board compel LILCO to produce copies of the documents listed in Attachment A as soon as possible. If they are not supplied in time for analysis and possible inclusion in the County's testimony scheduled to be filed by August 17, the County may seek to file supplementary testimony if warranted by the documents.
Respectfully submitted, David J. Gilmartin Patricia A. Dempsey Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 L 1 -- . -
Herbert H. Kowh/
Lawrence CWe Lanpher Alan Roy Dynner KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.
Washington, D.C. 20036 Attorneys for Suffolk County August 12, 1983
ATTACIIMENT A TO SUFFOLK COUNTY RENEWAL OF MOTION TO COMPEL DISCOVERY Suffolk County requests the Board to compel LILCO to supply copies of the following documents at the earliest possible time: I 1
- 1. Documents comprising the Delaval Quality Assurance !
program in effect at the time the "new-style" cylinder heads for LILCO were manufactured and which were applicable to the production of such cylinder heads, including QA Manual (Division); QA Manual (Department) ; I.P. 100; I.P. 200; I.P. 400; I.P. 500; and I.P. 600.-1/
- 2. Documents comprising the Delaval QA program in effect at the time the original "old-style" cylinder heads for Shoreham were manufactured and which were applicable to the production of such cylinder heads, including QA Manual (Division); QA Manual (Department); and I.P. 100 through 2/
~
600.
-1/ Requested by item 26 of Appendix A to the County's Request for Production of Documents dated July 8, 1983 (the " July Request," attached as Attachment 1 to Suffolk County's Motion to Compel Discovery, dated July 19, 1983 ("SC Motion to Compel")), and agreed by LILCO (see Attachment 2 to SC Motion to Compel, at 7);
requested again during the deposition of Mr. Kropf of Delaval. During the visit by County representatives to Delaval on July 13-14, one current QA Manual and I.P. 500 were shown to the County, and a copy of I.P.
300 was supplied to the County.
2/
~
Requested at July 13-14 visit. See Attachment 3 to SC Motion to Compel, at 5.
- 3. Any and all documentation regarding LILCO's inspection and audit of the Delaval manufacturing process for the diesel cylinder heads, including LILCO's audits and reaudits of Delaval's QA program conducted in October 1975, February 1976, and June 1976.-3/
- 4. Documents showing the gating, risers and chills for j the "old-style" cylinder head molds and for the "new-style" head
-4/
molds.-
5/
- 5. Written procedure for liquid penetrant testing.-
- 6. Warranty orders or other documentation which would disclose all casting defects in Delaval cylinder heads manufactured since late 1978, and documents which disclose l the number of cylinder heads manufactured by Delaval between l -6/
late 1978 and September 1980.
{
3/
Requested by item 13 of Appendix A to the July Request, and agreed by LILCO (see Attachment 2 to SC Motion to Compel, at 5; see also Attachment 3 to SC Motion to '
compel, at 3).
-4/ Requested by item 20 of Appendix A to the July Request, and during deposition of Mr. Pratt. .
5,/ Requested during deposition of Mr. Pratt.
-6/ Requested by paragraph 12 of the July Request and during deposition of Mr. Pratt. Some documents dis-closing defects have been supplied.
ms -
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) )
)
CERTIFIC ATE OF SERVIC E I hereby certify that copies o( SUFFOLK COUNTY RENEWAL OF MOTION TO COMPEL DISCOVERY, dated August 12, 1983, have been served to the following this 12th day of August, 1983, by U.S. mail, first class, except as otherwise noted.
- Lawrence J. 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. George A. Ferguson 217 Newbridge Road '
Administrative Judge Hicksville, New Y ork 11801 Atomic Safety and Licensing Board School of Engineering ** W. Taylor Reveley III, Esq.
Howard University Hunton & Williams 2300 6th Street, N. W. P.O. Box 1535 Washington, D. C. 20059 707 East Main St.
Dr. Peter A. Morris Administrative Judge. '
Atomic Safety and Licensing Board l' 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
- r. General Counsel Albany, New Yo rk 12223 Long Island Lighting Company.
250 Old Country Road l Mineola, .New York 11501 Stephen B. Latham, Esq.
l Twomey, Latham & Shea l Mr. Brian McCaffrey P.O. Box 3 98 l Long Island Lighting Company 33 West Second Street l 175 East Old Country Road Riverhead, New York 11901 l Hicksville, New York 11801 1
1
.:n .. , , - -- : . , -, - , .
1 Marc W. Goldsmith Mr . Je f f Smith I
Energy Research Group, Inc. Shoreham Nuclear Power Stetion 400-1 Totten Pond Road P.O. Box 618 Waltham, Massachusetts 02154 North Country Road )
11792
~
Wading River, New York f Joel Blau; Esq. MHM Technical Associates New York Public Service Canmission 1723 Hamilton Avenue The Governor Nelson A. Rocke fe) ler Suite K Building San Jose, California 95125 Empire State Plaza Albany, New York 12223 Hon. Peter Cohalan
, Suffolk County Executive David J. Gil martin, Esq. H. Lee Dennison Suf folk County Attorney Building H. Lee Dennison Building Veterans Memorial Highway Veterans Memorial Highway Hauppauge- New York 11788
.l Hauppauge; New York 11788 i
Ezra I. Bialik; Esq.
Atomic Safety and Licensing Assistant Attorney General Board Panel Environmental Protection Bureau U. S. N' u clear Regulatory Canmission 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 Canmission 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 Canmission Washington, D. C. 20555 Jonathan D. Feinberg, 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 Y ork 11747 Stewart M. Glass, Esq.
Daniel F. Brown, Esq. Regional Counsel Atomic Safety and Federal Emergency Management Licensing Board Panel Agency U. S. Nuclear Regulatory Canmission 26 Federal Plaza ,
Washington, D.C. 20555 New York; New York 10278 L James-B. Dougherty, Esq.
-3045 Porter Street, N. W.
-Washington, D.C. '20008 w_ - -
j- Alan Roy Dyg er /'
i KIRKPATRICK, LOCKR ART, HILL, l ,
CHRISTOPHER & PHILLIPS DATE . August 12, 1983 .
.1900 M Street, N. W. , ' 8th Floor
'# _ :By Messenger Washington, D. C. 20036
_ _ _ ._ __ _ _ 1