ML20080D247
| ML20080D247 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 08/26/1983 |
| From: | Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20080D243 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8308300273 | |
| Download: ML20080D247 (5) | |
Text
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LILCO, August 26, 1983 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)
)
(Emergency Planning)
(Shoreham Nuclear Power Station, )
Unit 1)
)
MOTION FOR PROTECTIVE ORDER Pursuant to 10 C.F.R. 5 2.740(c) and for the reasons presented in LILCO's Opposition to Suffolk County Motion to Compel Production Witness and Documents Relating to Shoreham Offsite Consequence Analysis, LILCO hereby moves this Board for a protective order that would (1) prohibit the deposition of Thomas E. Potter, and (2) prevent the discovery of documents sought in Suffolk County's informal discovery requests 15-18 (see Memorandum in Support of Suffolk County Motion to Compel Production of Witness and Documents Relating to Shoreham Offsite Consequence Analysis at 8-9).
Respectfully submitted, LONG ISLAND LIGHTING COMPANY AzA DONALD P.
IRWIN JAMES N. CHRISTMAN LEE B. ZEUGIN Hunton & Williams 707 East Main Street P. O.
Box 1535 Richmond, Virginia 23212 DATED:
August 26, 1983 8300300 3 hhh2 PDR AD PDR O
ATTACHMENT 1 H U NT ON Sc WILLI AM S 707 East MAIN STREET D. o. B ox 153 5 RxcumoNo, Vzmo NIA 23212 seio etNwevLvanta avsmut, N w, 0 o e, suitoeuG p.o.somisaso e a Com eos
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August 25, 1983 rat N1GFSLE, WINGINia aatto c
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o..ce,.. 6 o....,.. 8 3 5 7 Karla J.
Letsche, Esq.
Kirkpatrick, Lockhart, Bill, Christopher & Phillips Eighth Floor 1900 M Street, NW Washington, DC 20036
Dear Tip:
The memorandum in support of Suffolk County's motion today to compel Tom Potter's deposition and production of related documents recites the offer in your August 24, 1983 letter to me in which you offered for the County not to depose Mr. Potter or request related documents if LILCO would agree not to sponsor Mr. Potter as a witness or to use the Pickard, Lowe & Garrick consequences analysis as part of its case et the hearing.
Memorandum at 7.
The memorandum also recites that "LILCO ref used to agree."
Id,.
Omissions in that recitation result, of course, in a material misstatement of our actual conversation on your let-ter.
We both know that I stated that LILCO did not intend to use Mr. Potter or the Pickard, Lowe & Garrick work in its direct case, and that they would be used only in detensive rebuttal, if needed, to testimony on accident consequences, presently understood to be sponsored by Dr. Finlayson, if Suffolk County succeeded in having such testimony admittea; but 1
. Huxrox & WILLIAMS i
that LILCO could not agree not to rely on Mr. Potter's or the Pickard, Lowe & Garrick work in rebuttal it, contrary to LILCO's view of the scope of issues in contention, Dr.
Finlayson's or equivalent testimony on accioent consequences were to be admittec.
I also stated that LILCO woulo a ree not w
to rely on Mr. Potter and the Pickard, Lowe & Garrick work at all if the County would agree not to submit such testimony.
It was only after your refusal of my offer to stipulate away the question of the determination of accident consequences, which I
LILCO does not believe to be within the scope of acmitted con-tentions, that I told you that LILCO could not unconditionally strip itself of its expert in that area.
Sine rely yours, Donald P.
Irwin 91/730
LILCO, August 26, 1983 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322 (OL)
I, Donald P.
Irwin, hereby certify that copies of LILCO's Opposition to Suffolk County Motion to Compel Production of Witness and Documents Relating to Shoreham Offsite Consequence Analysis and Motion for Protective Order were served this date upon the following by first-class mail, postage prepaid, or by hand (as indicated by an asterisk).
James A.
Laurenson,*
Secretary of the Commission Chairman U.S. Nuclear Regalatory Atomic Safety and Licensing Commission Board Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing i
East-West Tower, Rm. 402A Appeal Board Panei 4350 East-West Hwy.
U.S. Nuclear Regulatory Bethesda, MD 20814 Commission Washington, D.C.
20555 Dr. Jurry R. Kline*
t Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission
' East-West Tower, Rm. 427 Washington, D.C.
20555 4350 East-West Hwy.
Bethesda, MD 20814 Bernard M.
Bordenick, Esq.*
David A. Repka, Esq.
1 Mr. Frederick J. Shon*
Edwin J.
Reis, Esq.
Atomic Safety and Licensing U. S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory 7735 Old Georgetown Road Commission (to mailroom)
East-West Tower, Rm. 430 Bethesda, MD 20814 4350 East-West Hwy.
Bethesda, MD 20814 l
1
Eleanor L.
Frucci, Esq.*
Stewart M.
Glass, Esq.
Attorney Regional Counsel Atomic Safety and Licensing Federal Emergency Management Board Panel Agency U.
S. Nuclear Regulatory 26 Federal Plaza, Room 1349 Commission New York, New York 10278 East-West Tower, North Tower 4350 East-West Highway Stephen B.
Latham, Esq.
Bethesda, MD 20814 Twomey, Latham & Shea 33 West Second Street David J.
Gilmartin, Esq.
P.O.
Box 398 Attn; Patricia A. Dempsey, Esq. Riverhead, New York 11901 County Attorney Suffolk County Department Ralph Shapiro, Esq.
of Law Cammer & Shapiro, P.C.
Veterans Memorial Highway 9 East 40th Street Hauppauge, New York 11787 New York, New York 10016 Herbert H.
Brown, Esq.*
James Dougherty, Esq.
Lawrence Coe Lanpher, Esq.
3045 Porter Street Christopher McMurray, Esq.
Washington, D.C.
20008 Kirkpatrick, Lockhart, Hill Christopher & Phillips Howard L.
Blau 8th Floor 217 Newbridge Road 1900 M Street, N.W.
Hicksville, New York 11801 Washington, D.C.
20036 Jonathan D.
Feinberg, Esq.
Mr. Marc W. Goldsmith New York State Energy Research Group Department of Public Service 4001 Totten Pond Road Three Empire State Plaza Waltham, Massachusetts 02154 Albany, New York 12223 MHB Technical Associates Spence W.
Perry, Esq.
1723 Hamilton Avenue Associate General Counsel Suite K Federal Emergency Management San Jose, California 95125 Agency 500 C Street, S.W.
Mr. Jay Dunkleberger Room 840 New York State Energy Office Washington, D.C.
20472 Agency Building 2 Empire State Plaza Ms. Nora Bredes Albany, New York 12223 Executive Coordinator Shoreham Opponents' Coalition 195 East Main Street Smithtown, New York 11787 M /$rz DONALD P.
IRWIN Hunton & Williams 707 East Main Street P.O.
Box 1535 Richmond, Virginia 23212 DATED:
August 26, 1983