ML20078B483

Reply Opposing Util 830906 Motion to Compel Responses to Discovery Requests Re non-util Support Organizations.No Legal Precedents Cited.County Cannot Rebut Vague Charges of Interference.Certificate of Svc Encl

ML20078B483
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	09/22/1983
From:	Lanpher L KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL-3, NUDOCS 8309270089
Download: ML20078B483 (20)

Text

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, , 9/22/83 UNITED STATES OF AMERICA 00CNETED NUCLEAR REGULATORY COMMISSION USNRC

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Before the Atomic Safety and Licensing Board 1'3 SB' 26 mi qS T T w r m r e r ,, -., ,

In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3 ,

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

i )

SUFFOLK COUNTY REPLY TO LILCO MOTION FOR A PROTECTIVE ORDER On September 6, 1983, Suffolk County filed a Motion to Compel Responses to Discovery Requests Relating to Non-LILCO Support Organizations. On September 16, 1983, LILCO filed a Motion for Protective Order and Response to Suffolk County Motion to Compel Discovery. Pursuant to the Board's September 20, 1983 Order, Suffolk County now replies to LILCO's September 16 filing.

(1) Legal Authority. LILCO cites no precedents for its preposed protective order. Under 10 C.F.R. Sec. 2.740, discovery is permitted regarding data which are relevant to the subject matter but not privileged. The data sought in Ms. Robinson's deposition and in the County's document requests are undeniably relevant and no privilege has been asserted which would protect such data from disclosure to the County.

Under 10 C.F.R. Sec. 2.740(c), a protective order may be granted "to protect a party or person from annoyance, 8309270089 830922 PDR ADGCK 05000322 G PDR ' (d()}

embarrassment, oppression, or undue burden or expense . . . .

LILCO does not plead any of these factors as a basis for its proposed order. Accordingly, for purely legal reasons, the

LILCO motion should be denied.

(2) Alleged Interference. Instead of a legal basis to bar or restrict County discovery, LILCO asserts that County discovery should be limited becausa of alleged interference with LILCO's efforts to obtain support of non-LILCO entities.

Indeed, LILCO clearly suggests that the County has participated in or condoned some alleged interference:

LILCO is aware of a number of incidents in recent months which indicate that Suffolk County, or others acting on be-half of Suffolk County, or with the approval or knowledge of Suffolk County, or independently, may be attempting to interfere with LILCO's negotiations with non-LILCO entities. Details of these incidents can be provided if the Board desires.

LILCO Motion, para. 4 (emphasis supplied).

When the County received LILCO's September 16 pleading, the County promptly requested LILCO to substantiate its charges against the County. See Exhibit 1 hereto. The County made clear to LILCO that it knows of no interference and that if LILCO were able to point to any, the County would have it ,j stopped immediately. On Tuesday, September 20, LILCO's i

counsel informed the County's counsel by phone that it would i

l not provide the County with any details of the charges it had made unless ordered to do so by the Board.

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Thus, the County is left to attempt to rebut vague charges of interference which LILCO will not substantiate.

The Board should reject LILCO's allegations for lack of substantiation. Under 10 C.F.R. Secs. 2.730, 2.732, LILCO has the burden of demonstrating the need for.th'e order it seeks. Similarly, under Sec. 2.740(c), LILCO must establish

" good cause" for the protective order. LILCO clearly has failed to sustain its burden under.these regulations. Since these unsubstantiated charges form the basis for the alleged need for a protective order, the protective order request should be rejected.-1/

(3) LILCO's Selective Disclosure. LILCO's position is that it is entitled to a protective order regarding c11 discussions with non-LILCO entities. In fact, however, LILCO has selectively disclosed certain data already. Thus, after an employee of an ambulance company spoke before Governor Cuomo's Shoreham Commission and questioned LILCO's planning, efforts, LILCO sent Commission Chairman Marburger certain documentation relating to that ambulance company.

1 .

-1/ The County is aware that the Board has scheduled argument on this and other discovery disputes for September 26.

LILCO should not be permitted at that time to attempt to substantiate its allegations. LILCO had the duty to present the bases for its motion in the motion or, at latest, in response to the County's , letter request-ing such substantiation. It should not now be permitted to come forward and surprise the County with alleged facts at oral argument.

_4_

See Exhibit 2. A LILCO spokesperson, Ms. Robinson, the j

person that the County wants to depose, also spoke before the-Shoreham Commission and stated that she had notes of I

contacts with medical facilities and that she was willing 1

- to make them available to the Comraission.

Thus, LILCO in another forum has asserted no privilege or need for a protective order regarding LILCO contacts with non-LILCO enti ties. It is inconsistent and improper for LILCO now to assert in this forum that a protective order is essential.

(4) Terms of LILCO's Proposed Protective Order.

On its face, LILCO's protective order is unreasonable.

4 For example:

(a) In paragraph 5(i) of the proposed order, LILCO I

seeks protection for all final agreements which have been reached with non-LILCO entities. This is absurd. Where final agreements have been reached, how can there possibly be any " interference" or " frustration" of negotiations?

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This provision is particularly surprising since the County had understood LILCO in the past to have agtsed it would

( make the data available once agreements were reached. LILCO

?

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[ clearly has changed its mind and now wants to keep essential elements of its " plan" secret.

( (b) The County's discovery requests sought not only l

i the identity of the non-LILCO entities and the nature of the services to be rendered but also copies of all materials l

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- . _ -..- -. ~ . - . ~ . ~ - - - - - - .

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which LILCO has provided to these entities. LILCO has refused i

to provide the County with the materials it has provided  ;

i to those entities and its proposed order makes no provision  !

that these materials now be provided.

(c) LILCO's proposed order bars the County from any contact with any entity with which LILCO is negotiating unless there is prior Board approval. This is absurd for several reasons. First, the County as a government must frequently have contact with bus companies, hospitals, etc.

! LILCO's broad order would bar these contacts even if totally i

unrelated to this ASLB proceeding. Second, the County does need to be able to contact these entities as soon as possible in order to prepare for litigation. Under LILCO's theory, i the County is barred from any contact until an agreement is reached. What if an agreement isn't reached until just prior to hearing? How is the County to file testimony on lack of agreements or deficiencies in capabilities without any contact? Third, the necessity for Board approval will require day-to-day Board involvement in discovery. And

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what standards would LILCO have the Board apply when the County seeks the Board's " prior written consent"? Finally, l

' I why should the County be required to inform the Board and LILCO of every contact it intends to make with these non-LILCO entities? Is LILCO willing to tell the County of every contact it has with every non-LILCO entity?

(d) LILCO's proposed " sanctions" -- dismissal of con-tentions -- are unreasonable. LILCO makes no attempt to justify

these sanctions, probably because there is no justifica-tion.

For all the foregoing reasons, LILCO's protective order request should be denied.

Respectfully submitted, David J. Gilmartin Patricia A. Dempsey Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 of ~

Herbert H. Brown /

Lawrence Coe Lanpher Karla J. Letsche KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 Attorneys for Suffolk County September 22, 1983 i

EXHIBIT 1 Ernrvernzcx, LocxnAnr, HILL, Cruusrornza Be PnILLIPs A Paarpsmamar Incs. cosmo A PaarmessOnAL Composursoer 1900 M Srazzr, N. W.

WASHINGTON, D. C. 20o06 TELEPEONE (409) 488 *T000 IN FITTSBU3m CamLE: WIFEI IIEEFAIEEE,tarenantedOENSON & EUTCRISON TELas 440808 NTFE Of 3500 M2TER BUIIDDBO FITIW3CBGH,FENNETLfANIA 38888 WRIT 55'3 DEESCT DIAL NUMEEE ,

(dis) See esco (202) 452-7064 Septenter 16, 1983 BY FEDERAL EXPRESS James E. Farnham, Esquire Jessine A. Monaghan, Esquire Hunton & Williams P.O. Box 1535 707 East Main Street Richmond, Virginia 23212

Dear Jim and Jessine:

We have just received the LILCO Motion for Protective 0,rder and Response to Suffolk County Motion to Compel Discovery.

In Paragraph 4, LILCO states:

LILCO is aware of a number of incidents in recent months which indicate that Suffolk County, or others acting on behalf of Suffolk County, or with the approval or knowledge of Suffolk County, or independently, may be attempting to interfere with LILCO's negotia-tions with non-LILCO entities. Details of these incidents can be provided if the Board desires.

l l Regardless of whether the Board " desires" details, I hereby request that you immediately advise me of the basis, i.e., the precise details, for alleging that the County or "others acting on behalf of the County" or anyone acting "with

' the approval or knowledge of Suffolk County" have done anything "to interfere with LILCO's negotiations with non-LILCO entities."

Your pleading certainly leaves the impression that the County has done something improper. To my knowledge, this is an entirely false allegation.

t l

l

KrnxPATarCK, EOCKHAnT, HILL, CHarsroPuza & PHILLIPS James E. Farnham, Esquire Jessine A. Monaghan, Esquire September 16, 1983 -

Page Two I request that these details be provided to me no later than close of business on Monday. In the alternative, I suggest that you file a revised pleading deleting your allega-tions regarding the County.  ;

i Sincerel ,

Kar a . Letsche KJL:so - '

cc: Donald P. Irwin, Esquire w

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EXHIBIT 2 (Ef@ LONG ISLAND LIGHTING COMPANY

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• GARDEN CITY. NEW YORK 11530 I 550 STEW ART AVENUE

- \

4 ELAINE D. MO9fNSON

• esassaete l -

co..u tv m n . oc .evi.e.n September 2, 1983 Dr. John H. MaIburger '

President State University of New York at Stony Brook -

Stony Brook, NY 11794 _

Dear Dr. Marburger:

I have been informed that Mr. Lon Fricano of MediBus Inc. appeared before you at a public hearing in Riverhead. I believe that his statements require some clarification.

I was present at the original meeting with Mr. Fricano on July 7, 1983 to discuss the potential participation of his company in the implementation of the emergency plan submitted by LILCO. We spent a considerable amount of time that day explaining Based on his the plan and answering Mr. Fricano's questions.he was sent a proposed expression of interest in participation, letter of agree.nent and a sample contract for his consideration.

That correspondence is attached.

If there is any question about LILCO's position in the ,

negotiations with MediBus, I, or one of the other people present, would be happy to anwer them.

l i

Very truly yours, -)

L4'CL k WJ

[/

I, Elaine D. Robinson

! s Attachment

• cca Dr. M. C. Cordaro - w/ attach.

Messrs. I. L. Freilicher - w/ attach.

D. P. Irwin - w/ attach.

bec: Messrs. B. McCaffrey - w/ attach.

J. Novarro - w/ attach.

J. A. Weismantle - w/o attach.

T. Hill - w/o attach.

l - w/o attach.

(

W. F. Renz l

I LONG ISLAND LIGHTING COMPANY g4Ahrgede*/aguay/Eco iro ras, ein cos,siw. .ae -ic= %itte *cw voan n o oi a

s Dweet Dial Numtwr 'g August 18. 1983 Medi 3us. Inc.

225 U. set Ave.

Hauppaurie New York 117.4:-

Attn: Mr . L.A. Frie;21:o

Subject:

Long Island Lighting Company Shoreham Huclear Power St at t o.n Local Emergency Response Plan for Suffolk County

Dear ter. Fricano:

ia: the f u: n i shing of ambulances Enclosed is the samp1e agi eement ond/or ambulettes relative to LILCO's Local E:teracncy Response Plan for tha Shoreham Nuclear Power Stat:or..

1ast your be.< unit ret ainer Please review and submtt by liuctu st N and hourly rate pricing f or ofthe supoly of the equipment the namp l e o.:: ce:ne:.t .

and pri These servlees:

ces wi ll "A"

- indicated in Schedu le s be subject to LILCO's reva cw and final approval.

coutact the undes signeJ et if you have any que:;t 2 ori:. ple .ine

$16-733-5085.

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Very truly yours, r -

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" f '.,o Ac e.ors) ,J '

... s. Thomas Jv,Hil]

(

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[gj @ LONG ISLAND LIGHTING COMPANY f

• 175 Cast OLD COUNTRY ROAD = M IC KSve LLC. NEW YORK tteot Dam Dial Number  ; )

1 Att:

Re: Shoreham Nuclear Power Station Local Emergency Response Plan L1LCO Equipment Requisitions Ambulances /Ambulettes Gentlemen: .

filed an Emergency Response Long Island Lighting Company has Plan in connection with the anticipated opening of our Shoreham Nuclear Power Station.

The Plan requires that we have the capability of acquiring the use of certain automotive equipment (busses, ambulances, ambulettes, fuel tank truc;s, etc.) for~ training, drills and exercises and emergency response.

You have indicated tha you are ready to make some of your upon our prior telephonic manned equipment available to us, notification to you, for our use in implementing the Plan.

t We vill later identify for you (and revise as necessary) our authorized representative who vill notify you to have the manned We will attempt to give you as ,

equipment available for our use.

much advance notice as possible, but you understand that it is anticipated that it is impractical to.specify a minimum notice period. We anticipate, however, that we will be able to advise you approximately 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> prior to our requisition for training purposes or for drills and exercises, and about 15-30 minutes prior to requisition in the event of an emergency.

The equipment and personnel which may be requisitioned by us from you, and the rate (s) of compensation for our use, are set forth on the attached Schedule 'A'.

a

2 1

- You hereby; agree that, promptly after we notify ydu, you and and your employees' and representatives will make your equfpment available personnel for our use, (or so much thereof as we may requisition)and you w license plates, tags, fuel, keys, certificates of registration,can be placed in use without etc., so that your equipment delay.

You further agree that all equipment condition, and safe supplied and by youuse, fit for will be in good serviceablethereof will be duly licensed as and that any drivers customarily required by you.

In consideration of your agreement and consent as set forth above, we agree as follows:

be that In the event we request the manned equipment will be your manned equipment (a) provided, we assure you thatsame manner and for the same purpose as utilized only in the of your business as is customary in the usual conduct carried en by you.

of your manned (b) We will compensate you for our use forth in Sche 6.'r equipment and personnel at the rate (s) set

'A'.

of your manned equipment, (c) During the period of our usefor our negligent acts or we shall be solely responsibleand we will defend, indemnify and hold you omissions, all loss, damage (whether to your harmless from and against and for bodily injury or death, equipment or of otherwise),

or in any way connected with our negligent arising out use of your equipment pursuant to this agreement.

for the entire period (d) We hereby certify to you that, we will maintain in of our use of your manded equipment,(including self-insurance) in an effect insurance coverage our obligations under aggregate amount sufficientInsurance to meet specifically excluded by the preceding paragraph.

law is not included in this agreement.

(a)

We further agree to pay you to you annually for your the administrative sum of I

$ .00 as a reimbursement costs involved in this agreement subject toby theyou priorto provide rights of ambulances /ambulettes you, in the unlikely e v e n _t_

commitments under contracts Shoreham with Nuclear Power Station.

i l of an accident at the a 1

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3 This Agree,sent shall remain in effect for the five. (5) year The rates as shown in -Schedule period commencing .

'A' are firm for the twelve (12) month period commencing with on the the above date. The rates are subject to, adjustment, yearly anniversary date, to reflect any increase resulting from any negotiated agreements reached with Labor Unions representing your employees, any general rate increase to yourincrease employees, in any increase to your supervisory personnel and any statutory obligations.

This agreement shall remain in effectand for terminating the five (5) at year12 period commencing .

o' clock midnight If you agree with the foregoing, will you please sign and s return the attached copy.of this letter, whereupon a binding contractual commitment shall exist between us.

Thank you for your cooperation.

Very truly yours, LONG ISLAND LIGHTING COMPANY By?

Accepted and Agreed to this day of 1983.

, Supplier)

(

By:

Authorized Signature s

9 Submitted by Date t 'A' SCHEDULE

' Ambulances and Ambulettes The following is a list of the automotive equipment forthat is training, drills and exercises and emergency response available for LILCO's requisition:

Total Numbers Storage Yard Description Location

' of Equipment Available

. Ambulances- ~~-

Ambulettes .

I Rates

• Manned Equipment - Hourly Rate Per Vehicle Ambulances Ambulettes Normal Work Day Honday thru Friday 8:00 AM - S S

4:30 PM Overtime Rate Monday thru ~

S Friday and Saturday Overtime Rate Sundays S S

and Holidays Minimum Rental Period - Manned Equipment 9

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,,_,.m - . _ . . _ _ _ , . _ _ . , ~, _ . , , ___________,-_-,__.,_-__.,._,._.___,_,...,,,_.-_,__.__._,,.m_ _ , - . _ _ , _

2 i  !

Submitted by 5-Date Ambulances Mrs.

Ambulettes Hrs.

All equipment will be fueled and completely checked prior to departure and refueled upon return. Cost of refueling shall be invoiced at the going market price plus a 10 mark up.

Radiological Training for Drivers - During normal work day, Will be at the employees

! Monday thru Friday, as scheduled. I as hourly rate of pay plus- an administrative Adder of compensation for statutory costs, overhead and profit. Location of training to be as mutually agreed.

Rates will commence as follows:

Normal (and in continuation of the) Work Day: - When equipment and/or equipment with operator are available for dispatching by LlLCO.

Beyond Normal Work Day (including Saturday. Sundays and s Holidays)

At time of request for service.

All rates will terminate when equipment is returned to storage the locati~on.

LILCO insurance coverage vill commence when the equipment is dispatched from your bus storage location.

All equipment is to be checked at time of return by representatives of the ambulance company and LILCO, and any dsficiencies or damages noted. Claims for damages or deficiencies will not be considered beyond those noted at time of return.

All drivers shall have valid New York State Operator Licenses for the particular equipment being operated, and shall have received Radiological praining.

• Rates include overhead and profit and a22 required support personnel including, but not limited to drivers, supervisors, dispatchers, radio operator, tow truck operators, checkers, mechanics and all necessary peripheral equipment.

~

i g&C'@ LONG ISLAND LIGHTING COM PANY

• , Laus suas sarrant 175 EAST CLDCOUNTRV 94 C A o e M s g n $ y g(( g,. N E W YORM 1980s warvu- c. co-o =o. m Julv. 22< 1983

= . . . ,

Medi Bus, Inc.

225 Oser Avenue Bauppauge, New York 11788 Letter of Acreement Att: Mr. L. A. Fricano:

Dear Mr. Pricano:

This letter confirms that in order to ensu'e proper response in the unlikely event of an accident at the ShorehamInc. agrees Nuclear Power Station, Medi Bus,ambulettes in return for a yearly up to ambulances and reasonable retainer to be paid by the Long Island Lighting Co.

(LILCO).

In addition, Medi Bus, Inc. and LILCO intend to enter into a contract providing the details of the terms by which Medi Bus, Inc. will provide ambulances and/or ambulettes Itc. againstincludingany and indemnification by LILCO of the Medi Bus, all liability for personal injury or property damage; and a reimbursement for use of the ambulances and /or vans; description of manner in which the ambulances and/or vans will be used.

Onder this Letter of Agreement and the proposed contract, LILCO's use of Medi Bus, Inc. equipment will be subject to prior rights of contracts with Medi Bus, Inc.

l l

Please indicate your agreement by signing below.

Very truly yours, ,

W f &

Accepted: .Medi Bus, Inc.

Date l

By:

President 4

I , . .___.. --

• . l 3

.f

.-- Submitted by Date All rates as contained in this schedule are firm for the twelve (12) month per'iod commencing and are subject to adjustment for the following twelve (12) month periods, effective with the commencement date indicated above, in accordance with and to the extent of any negotiated agreements reached with unions representing your employees, any general rate increases made to your employees, any increases in the Hourly Rate of supervisory personnel and any increases.in statutory obligations.

LILCO vill reserve the 'right to cancel this contract upon 6 months written notice.

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v,, , - ~, , - - - - - - - - - - - . . , , . . - . - .

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-OL-3

). (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY REPLY TO LILCO MOTION FOR A PROTECTIVE ORDER, dated September 22, 1983, have been served to the following this 22nd day of September 1983, by U.S. mail, first class, except as otherwise noted.

(o) James A. Laurenson, Chairman RaJph Shapiro, Esq.

Atomic Safety and Licensing Board Cammer and Shapiro U.S. Nuclear Regulatory Commission 9 East 40th Street Washington, D.C. 20555 New York, New York 10016 (0)Dr. Jerry R. Kline Houard L. Blau, Esq.

Atomic Safety and Licensing Board 217 Newbridge Road U.S. Nuclear Regulatory Commission Hicksville, New York 11801 Washington, D.C. 20555

( * * ) W. Taylor Reveley, III, Esq.

. (o)Mr. Frederick J. Shon Hunton & Williams Atomic Safety and Licensing Board P.O. Box 1535 U.S. Nuclear Regulatory Commission 707 East Main Street Washington, D.C. 20555 Richmond, Virginia 23212 Edward M. Barrett, Esq.

General Counsel Mr. Jay Dunkleberger Long Island Lighting Company New York State Energy Office 250 Old Country Road Agency Building 2 Mineola, New York 11501 Empire State Plaza Albany, New York 12223 Mr. Brian McCaffrey Long Island Lighting Company Stephen B. Latham, Esq.

175 East Old Country Road Twomey, Latham & Shea Hicksville, New York 11801 33 West Second Street Riverhead, New York 11901

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

Nora Bredes Docketing and Service Section Executive Director Office of the Secretary Shoreham Opponents Coalition U.S. Nuclear Regulatory Comm.

195 East Main Street Washington, D.C. 20555 Smithtown, New York 11787 Hon. Peter Cohalan Marc W. Goldsmith Suffolk County Executive Energy Research Group, Inc. H. Lee Dennison Building 400-1 Totten Pond Road Veterans Memorial Highway Waltham, Massachusetts 02154 Hauppauge, New York 11788 MHB Technical Associates Eleanor L. Frucci, Esq.

1723 Hamilton Avenue Atomic Safety and Licensing Suite K Board Panel San Jose, California 95125 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Joel Blau, Esq.

New York Public Service Comm. Ezra I. Bialik, Esq.

The Governor Nelson A. Rockefeller Assistant Attorney General Building Environmental Protection Bur.

Empire State Plaza New York State Dept. of Law Albany, New York 12223 2 World Trade Center New York, New York 10047 David J. Gilmartin, Esq.

Suffolk County Attorney Atomic Safety and Licensing H. Lee Dennison Building Appeal Board Veterans Memorial Highway U.S. Nuclear Regulatory Comm.

Hauppauge, New York 11788 Washington, D.C. 20555 Atomic Safety and Licensing Jonathan D. Feinberg, Esq.

Board Panel Staff Counsel, New York State U.S. Nuclear Regulatory Commission Public Service Commission Washington, D.C. 20555 3 Rockefeller Plaza Albany, New York 12223

(*) Bernard M. Bordenick, Esq.

David A. Repka, Esq. Stewart M. Glass, Esq.

U.S. Nuclear Regulatory Commission Regional Counsel Washington, D.C. 20555 Federal Emergency Management Agency Stuart Diamond 26 Federal Plaza, Room 13,9 Environment / Energy Writer New York, New York 10278 NEWSDAY Long Island, New York 1174*/ James B. Dougherty, Esq.

3045 Porter Street, N.W.

Washington, D.C. 20008

i Spence Perry, Esq. ,

Associate General Counsel Federal Emergency Management Agency Washington, D.C. 20472 Mr. Jeff Smith Shoreham Nuclear Power Station P.O. Box 618 North Country Road Wading River, New York 11792 Lawrence Coe Lanpher KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 DATED: September 22, 1983

• By Hand

• • By Federal Explass J