ML20078A104

Forwards Subpoenas W/Returns on Svc,Issued by ASLB Against Us Steel Corp,State of Ak & Titan Navigation,Inc

ML20078A104
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	09/19/1983
From:	Mark Miller KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Brenner L, Ferguson G, Morris P Atomic Safety and Licensing Board Panel
References
NUDOCS 8309220247
Download: ML20078A104 (1)

Text

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- gun con" L KIRKPATRICK, LOCKHART, HILL, Canzsrornza Se lWihs usunc A Paarrmansure twca.conwo A PmorseasonAL CoaronArzow 1900 M Srnzzr, N. W. 'hh h y g' g WASMNOMN, D. C. 20006 0FFICE OF SECREit.pv TELEPMONE (808) 468*f000 bhhk.hflf}G & g 1;BGE CAZLE: WIFMz - --- N ,d6Enson & ECTCEISON rutax anosoe aren cz sooo auvan acIza:No WEITX/S DrRECT DIAL NUMBBB FITTW3CBGE.FENIngTtvANIA 33338 September 19, 1983 (). ,

(202) 452-7022

, Lawrence J. Brenner, Esq. Dr. George A. Ferguson Dr. Peter A. Morris Atomic Safety and Licensing Atomic Safety and. Licensing Board Board 1 U.S. Nuclear Regulatory Commission School of Engineering 4350 East West Highway, 4th Floor Howard University Bethesda, Maryland 20014 2300 6th Street, N.W. j Washington, D.C. 20059

' Gentlemen:

Pursuan't to 10.CFR, Section 2.720 (e) , enclosed are copies of subpoenas issued by the Board, together with executed and notarized acknowledgements of service, against United States Stee'l Corporation, the State of Alaska, and Titan Navigation, Inc. and %j its subsidiaries or affiliated companies (collectively, the " Titan Companies"). The subpoenas were issued pursuant to suffolk County's

" Application for Issuance of Subpoenas" dated August 22, 1983. The subpoenas were served on United States Steel Corporation, the State of Alaska, and the Titan Companies on August 29, September 1, and September 13, 1983, respectively.

Sincerely, Michael S. Miller k Encls.

MSM:ph cc: T.S. Ellis, III, Esq.

Anthony F. Earley, Jr., Esq.

Richard J. Goddard, Esq. ,/

Docketing and Service Section V

[ s 8309220247 830919 N

PDR ADOCK 05000322 C PDR

a UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

. HIEC 0 BEFORE THE ATOMIC SAFETY AND LICENSINGrBOARD ,

9 SEP 21 gj ;[;g

) SECRETryv In the Matter of )

)

'k7{hCk[-

3R LONG ISLAND LIGHTING COMPANY )

) Docket No. 50-322 0.L.

(Shoreham Nuclear Power Station, )

• Unit 1) )

)

SUBPOENA DUCES TECUM J

To: State of Alaska Department of Transportation ,

Division of Marine Highway System Pouch Road Juneau, Alaska 99811 Attention: Martin Nussbaum or any'other authorized representative of the Department of Transporta-tion, State of Alaska You are hereby directed to produce for inspection and copying the documents specified under Request 2 of the attached

" Application for Issuance of Subpoenas." These documents shall be produced within 15 days of service of this subpoena at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., 8th Floor, Washington, D.C. 20036j u w\ess o.wc w < 4 w l@< \ c u.Aw w i 'a "'4"Vi**s"* h C W "h " h N'Y'"b "V"W 6.h t eSve rN a$ Y'\5 If you oppose this subpoena, you may. move to quash or modify in accordance with 10 CFR, Section 2. 720 (f) (ceg SWc.htO .

Ab Lawrence A Brenner Presiding Officer August') , 1983

~3h3WL ,, , zgL L

gatn w

i

~,

I 12.TM "- -- -

(c) On cpplication by any party, the coplicabl2 to the ettendanc2 and testi-designated presiding officer or, if he is mony of the Commissioners or NRC ,

nit cvailable, the Chairman of the personnel, or to the production of Atomic Safety and Licensing Board records or dociunents in the custody '

Pan:1. the Chief Administrative Law thereof. '

Judge, or other designated officer will (2XD In a proceeding in which the lasut subpoenas requiring the attend- NRC is a party, the NRC staff will tace and testimony of witnesses or the make available one or more witnesses production of evidence. The officer to - designated by the Execudve Director trhim application is made may require for Operations, for oral examination a shiwing of general relevance of the at the hearing or on deposition res.rd.

testimony or evidence sought, and ing any matter, not privileged, which .

may withhold the subpoena if such a is relevant to the issues in the proceed-shtwing is not made, but he shall not ing. The attendance and testimony of '

attempt to determine the admissibility the Commissioners and named NRC cf evidence. personnel at a hearing or on deposi-

.(b) Every subpoens will bear the tion may not be required by the pre. -

r.ame of the Commission, the name siding officer, by subpoena or other-

,g,,.

and office of the issuing officer and Provided. That the pmsiding of-tac ugje of the hearing. and will com* ficer may, upon a showing of excep-mand the person to whom it is direct- tional circumstances, such as a case m ed 13 attend and give testimony or pro

• which a particular named NRC em-duce specified documents or other ployee has direct personal knowldge things at's designated time and place, of a material fact not known to the The subpoena will also advise of the witnesses made available by the Ex-cusshing procedure provided in para ,, ecutive Director for Operations re-graph (f) of this section. quire the attendance and testimony of.

(c) Unless the service of a subpoena named NRC personnel. .

a acknowledged on its face by the wit- UD h MdiMom a puty may file with the presiding officer written interroga-he.[oth o issio t sh ed by a person who is not a party:

tories to be answered by NRC person-nel with knowledge of the facts desig.

' to the hearing and is not less than nated by the Executive Director for enshteen (18) years of age. Service of a Operations. Upon a finding by the pre-subpoena shall be made by delivery of a siding officer that answers to the in.

- e copy of the subpoena to the person temgatories am necessary to a proper named in it and tendering him the decision in the proceeding and that fees frr one day's attendance and the answers to the intemgatories an not mileage allowed by law. When the sub- reasonably obtainable from any other poena is issued on behalf of the Com. source, the presiding officer may re-

- mbsi:n. fees and mileage need not be quire that the staff answer the inter-tendered, and the subpoena may be rogatories, r&rved by registered mail. (ilD No deposition of a particular td) Witnesses summoned by subpoe. named NRC ernployee or answer to in-na shall be paid, by the party at whose terrogatories by NRC personnel pursu-matance they. appear, the fees and ant to paragraphs (hX2XD and (10 of mneage paid to witnesses in the dis- this section shall be required before trict eturts of the United States. the matters in controversy in the pro-(e)The person serving the subpoena - ceeding have been identified by order snall make proof of service by filing of the Commission or the presiding of-the subpoena and affidavit or ac. ficer, pursuant to i 2.751a. or after the-knowledgment of service with the offi. becirming of the prehearing confer-eer befrre whorn the witness is re, ence held pursuant to i 2.752 except quired to testify or produce evidence upon leave of the presiding officer for cr with the Secretary. Failure to make good cause shown.  ;

proof of service shall not affect the va. #

hdity of the service. (iv) The provisions of i 2.740 (c) and

. (e) 'shall apply to interrogatories

. (f) On motion made promptly, and served pursuant to this paragraph.

m any event at or before the time '

specified in the subpoena for complf- i ance by the person to whom the sub- (3) Records or documents in the cus- i poen2 is directed, and on notice to the tody of the Commissioners and NRC l party at whose instance the subpoena personnel are available for inspection was issued, the presiding officer or, if and copying or photographing pursu.

ant to il 2.744 and 2.790.

he is unavailable. the Commiazion (21 FR 377. Jan.13.1962, as amenced at 31 may:(1) Quash or modify the subpoe-

, na if it is unreasonable or requires evi* FR 1s310. Dec. 21.1964; 35 FR 19501. Dec. h

dence nit relevant to any matter in 23.1970

37 FR 15132. July 2s.1972: 40 FR i

tasue, er (2) condition denial of the 2973.Jan.17.19751 l

motiin cn just and reasonable terms. '

(t)-On application and for good

• cause shtwn. the Commission will seelt ~ k

- Judicial enforcement of a subpoena 8 med to a party and which has not

. bein quashed. f 3

th)(1) The provisions of paragraphs - e

@ thrtugh (g) of this section are not N Y f y

, ,s

, , . , ..* _+ --

1 .

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) )

)

RETURN ON SERVICE I, Fil TR THF0DORE PRICE , am not a party to this proceeding and I am over eighteen (18) years of age. I received this subpoena at dure /W. ALASKA on SEPTEMBER 1.1983 and served it, together with the attached " Application for Issuance of Subpoenas," on SEPTEMBER 1. 1983 by delivering a copy to h_im_ on the C day of SEPTEMBER , 1983 at 1E91 GLACIER AVE.. JUNEAU. ALASKA. .

Dated: SEPTEMBER 2. 1983

~

By: f #-AN Subscribed and sworn to before me this 2 day o

. ./, /A , 1983.

i

/J/ / s -

,p.-No ary Pub'lic

, fe UNITED STATES OF AMERICA 00CKETED NUCLEAR REGULATORY COMMISSION USNRC BEFORE THE ATOMIC SAFETY AND LI.CEN64NGeBGWh.R4 - ,02 0FFICE OF SLCRiiARY

) 00CMETING & SERvlCf.

In the Matter of BRANCH

) ~

)

LONG ISLAND LIGHTING COMPANY )

) Docket No. 50-322 0.L.

(Shoreham Nuclear Power Station, ) '

Unit 1) )

)

SUBPOENA DUCES TECUM To: Titan Navigation, Inc.

1 Allen Center, Suite 950 1200 Smith Street Houston, Texas 77002 Attention: Joseph Molini, Vice President, or any other officer or authorized representative of Titan Navigation, Inc. or its subsidiary or affiliated companies You are hereby directed to produce for inspection and copying the documents specified under Request 1 of the attached

. " Application for Issuance of Subpoenas." These documents shall be produced within 15 days of service of this subpoena at the l offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., 8th Floor, Washington, D.C. 20036,vn\ =. ,3 g s,c.a w.s i.s %5 " 4 Mco s (N* *h 'c WM ' "4 "

• S "V W+ *- 6% W - w.verwn3 unch *""9 gatAd. 1 If you oppose this subpoena, you may move to quash or modify in accordance with 10 CFR, Section 2. 720 (f) (c on cAwCM O, Lawrence A Brenner

• Presiding Officer August , 1983

%fe' f 303 2' 'Y~

\

=

.- 8 2.729 Subpoe:as.

(a) On toplie?.ti:n by any party, the applicabla to th2 t,ttendance and testi-designated presiding officer or, if he is mony of the Commissioners or NRC not available. the Chairman of the personnel, or to the production of Atomic Safety and Licensing Board records or dochments in the custody Pan:1. the Chief Administrative Law thereof.

Judge, or other designated officer will (2XI) In a proceeding in which the issut subpoenas requiring the attend- NRC is a party the NRC staff win ar.crand testimony of witnesses or the make available one or more witnesses production of evidence. The officer to designated by the Executive Director rah:m application is made may require for Operations, for oral examinadon a sh1 wing of general relevance of the at the hearing or on deposidon regard-testimony or evidence sought. and ing any matter not m:y withhold the subpoena if such a g, ,g,gg g, g,, g,,,,privueged,

,gg which ,

sh: wing is not made, but he shall not ing. The attendance and testimony of r,ttsmpt to determine the admissibility the Commissioners and named NRC cf evidence. personnel at a hearing or on depost-(b) Every subpoena will bear the tion may not be required by the pre.

n:me of the Commission the name siding officer, by subpoena or other-sad office of the issuing officer and wise: prooided. That the presiding of-en, tsale of the hearing.-and will com- ficer may upon a showing of excep-mand the person to whom it is direct

• tional circumstances, such as a case in ed to attend and give testimony or pro" which a particular named NRC em-dure specified documents or other ployee has direct personal knowledge things at a designated time and place, of a material fact not known to the The subpoena win also advise of the witnesses made available by the Ex-cusshing procedure provided in para *

• ecutive Director for Operations re-graph (f) of this section. quire the attendance and testimony of.

(c) Unless the service of a subpoena named NRC personnel.

u acknowledged on.its face by the wit- (H)In addition. a party may fDe 6 ness or is served by an officer or em- the presiding officer written interroga.

plIyee of the Commission. it sh&M be tories to be answered by NRC person-aerved by a person who is not a party nel with knowledge of the facts desit-to the hearing and is not less than nated by the Executive Director for eighteen (18) years of age. Service of a Omauona. Upon a mding by the m-subpoena shall be made by delivery of

• siding officer that answers to the in-a copy of the subpoena to the person tentatories are necessary to a pmm named in it ~ and tendaring him the decision in the proceeding and that fees ftr one day's attendance and the answm to the intemsstories are not j mileage aDowed by law. When the sub- reasonably obtainable from any other

' poent is issued on behalf of the Com. source. the presiding officer may re-missi:n. fees and mileage need not be quire that the staff answer the inter-

- tendered, and the subpoena may be mgatodes.

Served by registered mall. (111) No deposition of a particular id) Witnesses summoned by subpoe. named NRC employee or answer to in-na shall be paid, by the party at whose terrogatories by NRC personnel pursu-matance they appear the fees and ant to paragraphs (hX2Xi) and (11) of milette paid to witnesses in the dis, this section shad be required before trict ccurts of the United States. the matters in controversy in the pro-fe)The person serving the subpoena ceeding have been identified by order shall make proof of service by filing of the Commission or the presiding of.

l the subpoena ~and affidavit or ac. ficer, pursuant to i 2.751a. or after the s

knowledgment of service with the offi. beginning of the prehearing confer-

! cer before whom the witness is re. ence -held pursuant to i 2.752 except cuired to testify or produce evidence upon leave of the prestding officer for '

i or with the Secretary. Failure to make good cause shown.

proof ci service shall not affect the va- (iv) The provisions of i 2.740 (c) and lidity of the service.

(D On motion made promptly, and (e) shall apply to interrogatories served pursuant to this paragraph.

I l

m any event at or before the time specified in the subpoena for compH-

!. ance by the person to whom the sub- (3) Records or documents in the cus-i poena is directed, and on notice to the tody of the Commissioners and NRC i

! party at whose instance the subpoena personnel are available for inspection was issued. the presiding officer or, if and copying or photographing pursu-i he is unavaDable, the Commission ant to 55 2.744 and 2.790.

i may: (1) Quash or modify the subpoe* (21 FR 317. Jan.13.1962, as amended at 31 FR 1s310. Dec. 21,1966: 35 FR 19501. Dec. I na if it is unreasonable or requires evi-l dence not relevant to any matter in 23,197o: 37 FR 15132. July 28.1972: 40 FR t 2913.Jan.17,1915) i issue. cr (2) condition denial of the -

mttiin on just and reasonable terms. I (g) On application and for good cause shown, the Commission will seek.

! Judicial enforcement of a subpoena

ssued to a party and which has not

. *aetn quashed.

! thM1) The provisions of paragraphs N

tal thrcuch (g) of this section are not S i i i

d

_7 g 00CKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION W SEP 21 N1:03 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFICE OF SECRCTAC 90CKETING & SERVICI.

SRANCH

)

In the Matter of )

)

LONG ISLAND LIGHTING COMPANY )

) Docket No. 50-322 0.L.

(Shoreham Nuclear Power Station, )

Unit 1) )

)

RETURN ON SERVICE I, dud b; zuw) , am not a party to this proceeding and I am over eighteen (18) years of age. I received this subpoena at ##F/Me, on fdm[t:0 /J and served it, together with the attached " Application for Issuance of Subpoenas,"

on _ o$h$i / F by delivering a copy to he r on p

CD&b& s:wem1983, the l3

. day of , at /fhf ,LecuA4t/;&

{ A/Pld)W b. b??Lb M MATD h&teu%s s

Dated: 8 ^//J /

By: ! gy A4:?

Subscrib d and sworn to before me this .

i ] 3 day of 6 A. , 1983.

g Om Notary Public

& 117' I 4 SAM VENTURA -

Notary Public State of Texas My Commission Expires June 5,1985 8mded by L Ale =ander Lovett, Lawyers Surety Corf 7

~

-t '

UNITED STATES OF AMERICA 00CKETED NUCLEAR REGULATORY COMMISSION USNRC BEFORE THE ATOMIC SAFETY AND LICENSIE SQA M -- -

,vy oa 4: #1:02 0FFICE 0F SECRETARY

} 00CKEiptG & SERvicf.

In the Matter of ) cRANCH ,

)

LONG ISLAND LIGHTING COMPANY )'

) Docket No. 50-322 0.,L.

(Shoreham Nuclear Power Station, )

Unit 1) )

)

SUBPOENA DUCES TECUM To: United States Steel Corporation Lake Shipping Office 400 Missabe Building Duluth, Minnesota 55802 Attention: Any officer or authorized representative of United States Steel Corporation's Lake Shipping Office You are hereby directed to produce for inspection and copying the documents specified under Request 3 of the attached

" Application for Issuance of Subpoenas." These documents shall be produced within 15 days of service of this subpoena at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., 8th Floor, Washington, D.C. 20036;venss> unc5%.c g.me o < \ cc.o n cw MIf"Yyou *

• oppose

' " W 3'?this D'~'* D'M " "Y'*3 M *** *\ h*" "V'5"*3 W D subpoena, you may move to quash or modify in accordance with 10 CFR, Section 2. 720 (f) ( cc gg ANN 4c%*A)'

Gb&cs._

Lawrence )(.Brenner Presiding Officer August) , 1983 hglaD Y7

. . f *320 Srbyoeras, (c) On topliccti:n by any party, the applice.bli to tha Cttendance and testi-designated presiding officer or,if he is ' mony of the Commissioners or NRC n:t availabla, the Chairman of the personnel, or to the production of Atimic Safety and Licensing Board records or docilments in the custody Panel, the Chief Administrative Law thereof.

Judge, or other designated officer will (2)(1) In a proceeding in which the issue subpoenas requiring the attend- NRC is a party, the NRC staff win ancrand testimony of witnesses or the make available one or more witnesses production of evidence. The officer to designated by the Executive Director whtm application is made may require for Operations, for oral examination a showing of general relevance of the at the hearing or on deposition regard.

t:stimony or evidence sought, and ing any matter, not privileged, which m y withhold the subpoena if such a is relevant to the issues in the proceed.

shsving is not made, but he shall not ing. The attendance and testimony of t,tt:mpt to determine the admissibility the Commissioners and named NRC cf ev:dence. personnel at a hearing or on deposi.

(b) Every subpoena will bear the tion may not be rectaired by the pre. -

name of the Commission, the name siding officer, by subpoena or other.

and cifice of the issuing officer and wise: Provided, That the presiding of-tne tale of the hearing, and will com* ficer may, upon a showing of excep-mand the person. to whom it is direct' tional circumstances, such as a case in ed to attend and give testimony or pro ' ' . which.a.particular-named NRC em-duee specified documents or other ployee has direct personal knowledge things at a designated time and place, of a material fact not known to the The subpoena will also advise of the witnesses made available by the Ex-cusshing procedure provided in para . - ecutive _ Director for Operations re.

crash (f) of this section* quite the attendance and testimony of.

(c) Unless the service of a subpoena named NRC personnel.

a acknowledged on its face by the wit- @ h addih a party my fDe wh .

ness or is served by an officer or em- the presiding officer written interroga.

pl:yee of the Commission, it shall be- tories to be answered by NRC person.

served by a person who is not a party: nel with knowledge of the facts desig-to the hearing and is not less than nated.by the Executive Director for eghteen (18) years of age. Service of a Operations. Upon a finding by the pre-subpoena shall be made by delivery of e siding officer that answers to the in-a c:py of the subpoena to the person terrogatories are necessary to a proper named in it and tendering him the decision in the proceeding and that fees for one day's attendance and the answers to the interrogatories are not -

mileage suowed by law. When the sub- reasonably obtainable from any other poena is issued on behalf of the Com. source, the presiding offleer may re-i

' mi.siin fees and mileage need not be quire that the staff answer the inter-tendered, and the subpoena may be rogatories.

Served by registered mail. (iii) No deposition of a particular (d) Witnesses summoned by subpoe. named NRC employee or answer to in-na shall be paid, by the party at whose terrogatories by NRC personnel pursu-mstance they appear the fees and ant to paragraphs (hX2XI) and (11) of milcare paid to witnesses in the dis. this section shall be required before trict courts of the United States. the matters in controversy in the pro-te) The person serving the subpoena ceeding have been identified by order shan make proof of service by filing of the Commission or the presiding of-the subpoena and affidavit or sc. ficer, pursuant to i 2.751a, or after the knowledgment of service with the offi. beginning of the prehearing confer-cer before whom the witness is re. ence held pursuant to i 2.752 except cuired to testify or produce evidence upon leave of the presiding officer for or with the Secretary. Failure to make good cause shown. ,

proof of service shall not affect the va. (iv) The provisions of I 2.740 (c) and lidity of the service.

(f) On motion made promptly, and (e) shall apply to interrogatories served pursuant to this paragraph.

In any event at or before the time specified in the subpoens for comp 11-ance by the person to whom the sub- (3) Records or documents in the cus-poena is directed, and on notice to the tody of the Comsnissioners and NRC party at whose instance the subpoena personnel are available for inspection was issued, the presiding officer or, if and copying or photographing pursu-ant to il 2.744 and 2.790.

he is unavailable. the Commission may-(1) Quash er modify the subpoe- (27 FR 377. Jan.13.1962, as amended at 31 na if it is unreasonable or requires evt. FR 16310. Dec. 21.1966: 35 FR 19501. Dec.

dInce not relevant to any matter in 23.1970: 37 FR 15132. July 28.1972: 40 FR asue, or (2) condition denial of the 2973.Jan.17.19751 motion on just and reasonable terms.

(g) On ap -

cause shcwn, plication and for good the Commission will seek

' judicial enforcement of a subpoena issued to a party and which has not be:n quashed.

(hX1) The provisions of paragraphs (a) through (g) of this section are not

o

'=

UNITED STATES OF AMERICA 'hhIE C

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BO D2l g g TikhgE Tan :

) BRANcy WL In the Matter of )

)

LONG ISLAND LIGHTING COMPANY )

) Docket No. 50-322 0.L.

(Shoreham Nuclear Power Station, )

Unit 1) )

)

RETURN ON SERVICE I, twwm u um , am not a party to this proceeding and I am over eighteen (18) years of age. I received this subpoena at Duluth on August 29. 1983 and served it, together with the attached " Application for Issuance of Subpoenas," on C. Iaurence Stevens Jr. by delivering a copy to h in on the 30 th. day of August , 1983, ar. Duluth, he being an Asst. Secretary of: UNITED STATES STEEL CORPORATION .

Dated: August 30, 1983 By: M, f

Subscribed and sworn to before me this 30 thday of August , 1983.

Y 4% h. Y Notary Public f O. . c j

.Q u c. -

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_ _ . . . - _- . _ _ ,.