ML20080H332
| ML20080H332 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 09/16/1983 |
| From: | Monaghan J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL-03, ISSUANCES-OL-3, NUDOCS 8309210255 | |
| Download: ML20080H332 (12) | |
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LILCO, Septqm g6, 1983 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION SP20 M j/
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Before the Atomic Safety and Licensin ad u ncy In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-03
) (Emergency Planning Proceeding)
(Shoreham Nuclear Power Station, )
Unit 1)
)
LILCO MOTION FOR PROTECTIVE ORDER AND RESPONSE TO SUFFOLK COUNTY MOTION TO COMPEL DISCOVERY Long Island Light Company (LILCO), by counsel, for its i
response to the Suffolk County Motion to Compel of September 6, 1983, and pursuant to $ 2.740(c) of the Rules of Practice of the Nuclear Regulatory Commission, moves this Board to enter a pro-i i
tective order.
The protective order requested is attached as Exhibit 1.
Generally, the protective order directs that all documents, testimony and information concerning non-LILCO organ-l izations with whom LILCO is negotiating, be treated as confiden-tial.
In support of its motion, LILCO states as follows:
1.
Contentions filed by Suffolk County and the other l
intervenors and admitted by this Board, question the adequacy and sufficency of the LILCO transition plan.
In part, the con-tentions include charges that LILCO will be unable to implement the transition plan through the use of LILCO employees and non-LILCO organizations.
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2 2.
Suffolk County's informal discovery request of July 18, 1983 requested information concerning the name and address of every entity not employed by LILCO who might be expected to per-form emergency services in the event of a radiological emergency at Shoreham and, in addition, requested all correspondence or other documents sent by or on behalf of LILCO to such organiza-i tions.
To the extent that LILCO had reached some form of writ-ten understanding with non-LILCO organizations to perform or to assist in the performance of emergency services in the event of a radiological incident at Shoreham, LILCO provided Suffolk t
County with the information requested by Suffolk County's dis-1 covery requests.
3.
To the extent that Suffolk County's discovery requests i
sought information concerning negotiations between LILCO and non-LILCO entities prior to such non-LILCO entities executing i
i some form of written understanding, LILCO responded that it I
l objected to disclosing any information concerning such organiza-tions on the grounds that such information was not relevant and on the further ground that provision of such information would l
frustrate LILCO's negotiations with the non-LILCO entitities.
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4.
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 negotiations with ncn.~.ILCO entities.
Details of these incidents can be provided if the Board desires.
The exact affiliation of any such groups or individuals is relatively unimportant but the fact of the apparent occurrence of interfer-ence is important; and unless the distribution of information provided on discovery is limited, there is no way of preventing future interference.
Since the problem can be cured by the entry of the protective order, there appears to be no present reason to review these incidents.
In any event, LILCO should be permitted to pursue its negotiations without outside interfer-ence.
5.
On September 14, 1983, counsel for LILCO proposed to compromise the dispute by agreeing to the protective order which is attached as Exhibit 1.
Counsel for LILCO would request that the Board review Exhibit 1 at this time.
The Order provides that the County will receive the information which it has requested and that the integrity of the LILCO negotiations will be protected from outside interference.
6.
On September 15, 1983, the County rejected the LILCO proposal and refused to endorse the proposed protective order.
7.
LILCO requests that the Board deny the County motion to compel and grant Suffolk County access to the documentation and l
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info' mation which it requests only if the County is' willing to e
1 abide by the terms of the protective order which has been re-4 quested.
Respectfully submitted, i'
]4 nu d.
ames E.
Farnham i
Jessine A. Monagh Hunton & Wil'liams 1
707 East Main Street P.O.
Box 1535 j
Richmond, Virginia 23212 DATED:
September 16, 1983 1
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t Exhibit 1 Draft Proposed Order UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
i LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-03
) (Emergency Planning Proceeding)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
MEMORANDUM AND PROTECTIVE ORDER This Protective Order is entered pursuant to the provisions of 10 C.F.R. 5 2.740(c) at the request of the applicant, Long Island Lighting Company (LILCO), and with the consent of inter-venor Suffolk County.
The factual and procedural background of this Order is as follows:
i 1.
Contentions previously filed by Suffolk County, and admitted by this Board, question the adequacy or sufficiency of the LILCO transition plan.
More specifically, those contentions include a contention that the plan is inadequate by reason of the fact that the LILCO transition plan contemplates the use of non-LILCO entities, such as ambulance services, bus companies, tow truck operators, etc., to provide services and/or equipment in the event of a radiclogical emergency at the Shoreham plant.
The County contends that these provisions or services and equip-ment are inadequate under applicable NRC regulations.
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2.
In order to test the adequacy of the LILCO transition plan in this respect, the County served LILCO with various dis-covery requests designed to elicit information as to the identity of non-LILCO entities who would or might provide ser-vices and/or equipment.
The LILCO responses to these discovery requests were not comprehensive.
LILCO took the position, in essence, that until such time as letters of intent or some form of formal written contract were entered into between LILCO and the various parties with whom it was negotiating, the content of the negotiations was not relevant and was not an appropriate i
subject for discovery.
Additionally, LILCO objected to identi-fying the entities with whom it was engaged in negotiations on the ground that LILCO was concerned that disclosure of the iden-l tify of the parties with whom LILCO was engaged in negotiations might result, directly or indirectly, in some form of external interference with those ongoing negotiations.
LILCO points out that instances of such interference have already been brought to its attention.
3.
In its Motion to Compel, the County points out that "it does not seek the requested information for the purpose of obstructing LILCO's negotiation efforts, or for any improper purpose."
The Board accepts and respects this representation by counsel for Suffolk County.
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4.
LILCO points out, however, that if LILCO is forced to identify the entities with whom it is engaged in negotiations, such information might be used by persons or entities over whom the County has no control to obstruct or harass or otherwise frustrate the ongoing process of negotiations.
LILCO also points out that it would not serve the best interests of the parties nor would it promote the efficient and expeditious dis-position of discovery disputes to create the potential for obstructions of the negotiating process and thus the potential for further discovery motions or collateral proceedings before this Board.
5.
The Board accepts the representation by Suffolk County that unless the County is provided with meaningful information as to the identity of the entities with whom LILCO has agree-ments, and in those instances where no agreement has been reached, the identity of the entities with whom LILCO is negotiating, it may not be possible for the County to prepare and file comprehensive testimony on these issues.
For the reasons stated, and by agreement of the parties, the Board disposes of the Suffolk County Motion to Compel and the LILCO Motion for a Protective Order as follows:
(i)
LILCO will provide to the County, on or before September 22, 1983, copies of all letters of intent, formal contracts or other documentation memorializing understandings or
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agreements which have been reached between LILCO and other entities with regard to the provision of emergency services i
and/or equipment in the event of a radiological emergency at Shoreham.
(ii)
All documents provided to Suffolk County in accordance l
with paragraph (1) above shall be identified on their face by a code which shall be selected and affixed to the documents by LILCO.
All such documents produced pursuant to this Protective Order shall be retained under seal, and in confidence, in accor-dance with the further provisions of this Order.
(iii)
On or before September 22, 1983, LILCO shall provide counsel for Suffolk County with the identity of all entities with whom LILCO is engaged, or has been engaged, in negotiations for the provision of emergency services and/or equipment in event of a radiological emergency at Shoreham.
(iv)
For all of the entities identified pursuant to para-graphs (i) and (iii) above, LILCO shall indicate, either in the documents being produced or by deposition responses, the general nature of the services which are or were the subject of the ne-i gotiations.
(v)
All documents provided by LILCO pursuant to this Pro-tective Order and all testimony of the LILCO witness or witness-es on this subject shall be retained in absolute confidence by counsel for the County and shall not be disclosed to anyone, r--
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including representatives of Suffolk County, except in accordance with the terms and conditions of this Protective Order or by further written leave of this Board.
(vi)
The Suffolk County lawyers to whom this information may be distributed are as follows:
(vii)
The Suffolk County employees to whom this information may be disseminated are as follows:
(viii)
In the event that the documents and/or information provided by LILCO to Suffolk County pursuant to the terms of this Protective Order are disseminated to persons other than those identified in paragraphs (vi) and (vii) above, this Court will impose severe sanctions which shall be, presumptively, the 4
summary dismissal of all Suffolk County contentions relating to the inadequacy of the LILCO transition plan by reason of its re-liance upon private entities for the provision of emergency ser-vices and/or equipment.
(ix)
No employee, officer, agent, lawyer or other represen-tative of Suffolk County may contact in any form, directly or indirectly, any employee, officer, agent, lawyer or other repre-sentative of any entity, identified by LILCO in response to paragraph (iii) of this Order as an entity with whom LILCO is negotiating, except by the prior written consent of this Board.
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Violations of the provisions of this paragraph of this Order will result in the imposition of severe sanctions as set forth in paragraph (viii) above.
FOR THE ATOMIC SAFETY AND LICENSING BOARD i
James A.
Laurenson, Chairman September __, 1983 Bethesda, Maryland
LILCO, September 16, 1983 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 I,
Jessine A. Monaghan, hereby certify that a copy of LILCO MOTION FOR PROTECTIVE ORDER AND RESPONSE TO SUFFOLK COUNTY MOTION TO COMPEL DISCOVERY was served this date upor the following by first-class mail, postage prepaid, by hand (as in-dicated by an asterisk), or by Federal Express (as indicated by two asterisks).
James A.
Laurenson,*
Secretary of the Commission Chairman U.S.
Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission Atomic Safety and Licensing t
East-West Tower, Rm. 402A Appeal Board Panel 4350 East-West Hwy.
U.S. Nuclear Regulatory Bethesda, MD 20814 Commission Washington, D.C.
20555 Dr. Jerry R.
Kline*
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.
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
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 f/]$410 h.
'Jessine A. Monaghan'
/
Hunton & Williams 707 East Main Street P.O.
Box 1535 Richmond, Virginia 23212 DATED:
September 16, 1983 1