ML20080P154

Proposed Request for Documents & List of Probable Deponents, Per ASLB 840202 Order & 840214 Modified Order.Certificate of Svc Encl

ML20080P154
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/17/1984
From:	Earley A HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	SUFFOLK COUNTY, NY
References
ISSUANCES-OL, NUDOCS 8402220454
Download: ML20080P154 (7)

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LILCO, Fcbruary 17, 1984 00LKETED UWC UNITED STATES OF AMERICA '84' EB 21 A11:10 NUCLEAR REGULATORY COMMISSION trr'r: ~~ ".r.S<- t '

r.:uq Before the Atolaic Safety and Licensing Boardi '

In the Matter of )

)

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

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(Shoreham Nuclear Power Station, )

Unit 1) )

SUBMISSION OF PROPOSED REQUEST FOR DOCUMENTS AND LIST OF PROBABLE DEPONENTS LILCO hernby submits its Proposed Request for Documents pursuant to the Board's Order dated February 2, 1984 as modified by the Board in the telephone conference of February 14, 1984.

The following explanatory remarks are appropriate.

(1) In general, there is a Request for each of the subparagraphs of the proposed contentions. Typicelly, each re-quest focuses sharply on a specific allegation in the subparagraph and asks for the " reports, memoranda and calcula-tions" on which the County relies in support of this allega-tion.

Thus, the requests are appropriately focused and specif-ic and permit response without undue burden.

(2) LILCO has avoided requests in the nature of "all documents (broadly defined) relating to" a subject or engine B402220454 040217 PDR ADOCK 05000322 O PDR

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component for such requests are excessively broad and burden-I some and unnecessarily intruelve. While a request for "all documents relating to" might not be burdensome te the County, it would certainly be so to LILCO.

(3) LILCO has limited its requests to " reports and memoranda" because this class of documents is entirely adequate and appropriate discovery for the purpose of ensuring that the litigation is proper 3y informed and thorough. LILCO submits this class of documents strikes the proper balance between blanket requests (see App. A to Part 2, i V(5)) and too little discovery. LILCO has already produced a substantial number of reports and memoranda describing the results of the investiga-tions of LILCO and its contractore concerning various compo-nents.

(4) LILCO has also requested calculations because it is LILCO's understanding that a number of the County's allega-tions are based directly upon calculations made by the County's consultants.

LILCO has asked for these documents on several occasions but the County has refused to produce them, claiming they are privileged work product and stating only that at an appropriate time LILCO would be given information about these analyses.

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O (5) In those instances where allegations were made concerning conditions at other facilities, whether nuclear or non-nuclear, LILCO generally has limited its request to "re-ports, memoranda and calculations" demonstrating the relevance of the defects at the other facilities to the Shoreham diesels.

Requests for documents relating to all of the details and cir-cumstances of the defects on these other engines are inappro-priate because such requests would result in endless and waste-ful litigation of matters having, at most, a peripheral-relationship to the Shoreham case.1/

(6) This request does not include requests for docu-ments prepared by the County's consultants in other contexts which may bear on their qualifications to express opinions in this case. LILCO believes these matters are more appropriately and efficiently pursued in depositions.

(7) LILCO also submits herewith its list of proposed deponents as required by the Board's ruling in the telephone conference of February 14, 1984.

1/ LILCO does not deny that events and experience on other diesel engines.may be relevant to Shoreham. LILCO believes, however, that the County has the burden.in the first instance to show the relevance on a component-by-component basis.

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Deponents Subject Matter Prof. Stanley Christensen The facts, calculations, analyses and other material on which the deponent bases his opinions concerning the Shoreham diesel generators.

Per Meulengracht* " '

Thomas Moore "

Aneesh Bakshi "

George Dennis Eley "

Marc Goldsmith "

Richard Hubbard "

Prof. Robert Anderson Metallurgical matters William Avery* "

In essence, LILCO proposes to take the depositions of all consultants the County intends to use as witnesses to tes-tify in this matter.

For reasons stated in LILCO's response to the County's Motion to Admit Supplemental Contentions, LILCO opposes litiga-tion of events at other TDI diesels. It may, however, be

• This individual was not mentioned in the County's recent filings and LILCO does not know whether he continues to serve as a County consultant.

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necessary for LILCO to take the depositions of owners or opara-tors of Transamerica Delaval diesel engines in those instances where the engine and its operation are admitted as the subject of a contention in this litigation or where the County is per-mitted by the Board to pursue discovery with respect to these other engines.

Respectfully submitted, LONG ISLAND LIGHTING COMPANY

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T. B. Erlis v'l W~~Jr.

M Anthony F. riey, g Hunton & Williams

• P. O. Box 1535 Richmond, Virginia 23212 DATED: February 17, 1984 4

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LILCO, February 17, 1984 i

CERTIFICATE OF SERVICE i In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1) ,

Docket No. 50-322 (OL) '

I hereby' certify that copies of LILCO's Submission of Proposed Requests for Documents and List of Probable Deponents were mailed'this date to the following by first-class mail, postage prepaid.,'or were served by hand, as indicated by an as-terisk:

Lawrence Brenner,. Esq.* Secretary of the Commission Administrative Judge

• U.S. Nuclear Regulatory Atomic Safety.and Licensing Commission

. Board Panel Washington, D.C. 20555 U .' S . NRC 4350 East-West Highway Atomic Safety and Licensing Fourth Floor (North Tower) Appeal Board Panel

' Bethesda, Maryland 20814) U.S. Nuclear Roi ' story i Commission Dr. Peter A Morris

• Washington, D.C. 2C555

' Administrative Judge L Atomic Safety and Licensing Atomic Safety and Licensing

-Board Panel Board Panel U.S. NRC U.S.-Nuclear Regulatory

. . 4350 East-West Highway Commission Fourth Floor (North Tower) Washington, D.C. 20555 Bethesda, Maryland 20814

. Robert E. Smith, Esq.

- Dr. George A. Ferguson*- Guggenheimer & Untermyer Administrative Judge 80 Pine St.reet i SchoolLof Engineering New York, N.Y. 10005

~ Howard-University 2300 6th Street, N.W.

. Washington,.D.C. 20059 2

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e Bernard M. Bordenick, Esq.*

• Martin Bradley Ashare, Esq l David A. Repka, Esq. Attn: Patricia A. Dempsey, Esq.

U.S. NRC County Attorney l

Maryland National Bank Bldg. Suffolk County Depart:nent of Law  !

7735 Old Georgetown Road Veterans Memorial Highway Bethesda, Maryland 20814 Hauppauge, New York 11787 Herbert H. Brown, Esq. Stephen B. Latham, Esq.

Lawrence Coe Lanpher, Esq. Twomey, Latham & Shea Alan R. Dynner,.Esq.* 33 West Second Street Kirkpatrick, Lockhart, Hill, P. O. Box 398 Christopher & Phillips Riverhead, New York 11901 8th Floor 1900 M Street, N.W. Ralph Shapiro, Esq.

Washington, D.C. 20036 Cammer and Shapiro, P.C.

9 East 40th Street Mr. Marc W. Goldsmith New York, New York 10016 Energy Research Group 4001 Totten Pond Road James Dougherty, Esq.

Waltham, Massachusetts 02154 3045 Porter Street Washington, D.C. 20008 MHB Technical Associates 1723 Hamilton Avenue Howard L. Blau Suite K 217 Newbridge Road San Jose, California 95125 Hicksville, New York 11801 Mr. Jay Dunkleberger Jonathan D. Feinberg, Esq.

New York State Energy Office .New York State Agency Building 2 Department of Public Service Empire State Plaza Three Empire State Plaza Albany, New York 12223 Albany, New York 12223

' thony F.

m' h, 4. fs rle W r. I Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: February 17, 1984

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