ML20080U109

Motion for Leave to Make & Suppl Replies to State of Ny 840223 & 27 Discovery Papers.Certificate of Svc Encl.Related Correspondence

ML20080U109
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/28/1984
From:	Irwin D LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL-3, NUDOCS 8403020168
Download: ML20080U109 (18)

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RELATED CCRRESPONogyz,g, LILCO, February 28, 198400jgE ED c

. '84 IGR -1 N152 UNITED STATES OF AMERICA "

NUCLEAR REGULATORY COMMISSION tr " 2r[

'Before the Atomic Safety and Licensing Board

'_In the Matter of )

)

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

) (Emergency Planning Proceeding)

'(Shoreham' Nuclear Power Station, )

Uni t .'1 ) )

LILCO'S MOTION FOR LEAVE TO MAKE AND SUPPLEMENT REPLIES, AND REPLY AND SUPPLEMENTAL REPLY,.TO NEW YORK STATE-DISCOVERY PAPERS OF FEBRUARY 23 AND 27, 1984 LILCO has' received overnight the February 27, 1984 Affida-vit of David M. Axelrod, fulfilling the formal requirement of agency; authorization of an executive-privilege claim. That af-

. fidavit, however, neither particularizes the assertions in New York State's_ February 23, 1984 " Objections ~of Governor Mario Cuomo . . . to LILCO's. Motion to compel . . ." (distributed at the1 hearing late that day) nor responds to LILCO's offer to contract the scope of its discovery request (distributed with LILCO's oral' reply on February 24), except to refuse it by im-plication. Despite what LILCO counsel thought was an oral agreement to discuss the State's response to LILCO's offer, counsel for New York did not call'LILCO counsel or return LILCO

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counsel's telephone calls to discuss this matter until 8:25 KO a..

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p.m.: yesterday evening,' by which time LILCO counsel had gone r.

homeland 'the State's response had.been finalized in writing.

Dr'. Axelrod's: affidavit >also raises new, and in LILCO's view misleading,; material in 1 5, relecing to the completeness of New' York State'sl1982 review:of-the Shoreham emergency plan.

- 'LILCO believes thatthese' facts, plus the consistent lack of noticeSof New York's. positions on these documents, establish

- good cause for LILCO to supplement its oral response at the 4 hearing;on Friday,-February.24, 1964, and LILCO seeks the

' Board's' leave;! pursuant to 10 CFR 6 2.730(c)'of the Commis -

sion'stregulations, tofpermit it' to. reply to Dr. Axelrod's af-fidavit,'and-toLsupplement its oral' response of Friday, February _24,'1984:to'.'New York State's objections, as follows:

'1. The Affidavit of David Axelrod, M.D., dated February

- 27, 1984,oadmits that.there are elements of fact relating to theJDPC's review of the-1982'Shoreham. emergency plan in various

-of'theD documents' sought;by?LILCO, which are listed in the in-

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'ventory.(hereinafter, the " Inventory"). filed in part with

LILCO's February 6 motion'and completely with New York's

' February 23 7" Objections. " An annotated' copy of the Inventory

'is: Attached 1 hereto. Dr'.JAxelrod's affidavit also does not

contest'-LILCO's assertion.that there is such a direct lineal relationship between'.the.1982 Shoreham plan and the plan cur-

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Erently before this Board that New York State's review of the

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1 factual elements'of.the 1982 plan may shed light on its view of

.the adequacy of the current plan.

-Dr. Axelrod's affidavit asserts (TV 5-6) that the

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statements of' fact are so mixed with opinions, recommendations and deliberations that their disclosure would chill internal review,:and.therefore that the documents should be withheld in Ltoto. As LILCO'has pointed.out previously, the law on execu-

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.tive privilege is that those' elements of:a document which are

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factual'and not " deliberative" are subject to discovery, and the' burden:is on the proponent of a. privilege either to assert it.with respect to specific.'protectable portions of documents admittedito have factual (and otherwise discoverable) compo-nents or to demonstrate-specifically how those factual and privileged components are so interwoven that the privileged-portion cannot be protected ifLany material is released. Dr.

TAxelrod's. affidavit-goes no further in attempting.to make this showing than'the: assertions.alredy made by counsel in the

February 23 "Ob'jections," which.also fail to break documents down internally. Nor does Dr. Axelrod's affidavit attempt to show how,Has he apparently asserts (11 4, 5) but is de-

monstrably not the case,.all the documents at issue relate both i to'.Shoreham - and to the DPC's revision of its rules, s

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3. -While LILCO possesses only one of the withheld docu-

.ments in_the Inventory and therefore cannot be totally certain, it appears that there.is.a class of documents on the Inventory, encircled'by counsel for LILCO and circulated to the Board and all parties on th'e record last Friday and marked on Attachment 1 byLthe legend >"Shoreham", which relate clearly to technical review of Shoreham under the auspices of the DPC. One of the documents in.this category is the Albertin-Dillenback memoran-dum'of 9/15/82, now in evidence as LILCO Exhibit 10 (following

-Tr. 3702). LIn=LILCO's view, it consists purely of expert tech-3 nical. review materials not entangled with protectable aspects of agency deliberation. This document, and all others except one in.the "Shoreham" series, were originally withheld by the DPC.from. release under the NY FOIA solely on grounds of execu-tive privilege'(Exception Categories A, B), and pursuant to no other privilege. Theylare also lumped.together in New York's February'23 " Objection" (page 5, item 3). If.these other docu-

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ments are akin to the-Albertin-Dillenback memo,- they are clear-

.l'yLtechnical-review and other expert factually oriented docu-ments-and clearly.should be released.

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There'are two documents which were released to the public under the NY FOIA but which New York has refused to pro-duce here with:the assertion that they are " irrelevant" to Shoreham because they. involve review of the 1982 version of the w

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l 1Sh'o sham emergency plan 1and would' violate executive privilege.

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' These objections are ill-taken: the. current plan-1982 plan

'" dichotomy";has been repeatedly rejected.in this proceeding, ' '

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and in any. event New York waived'any claim of privilege by pub-s r _licly releasing these documents. They clearly should be or-dered to be produced. ,

i. 5. :There is a class--of documents which appears clearly to

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4 ~ relate.to the DPC's deliberations'on-its' proposed rules. These

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documents'are m'arked by the legend "Rulemaking" in the margin.

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'To the extentithat they) relate:to Shoreham, LILCO' believes that

-it should have) access..to them.' :To the extent that they do not, LILCO, withoutJwaiving:its interest in these documents, will

, ' not:-pursue fthem further at'this' , time.

- 62. There isEa fourth,-undistributed. category of: documents e 3 for'.which New York StateLclaims privilege. LILCO~cannot evalu-

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-ateitheir relevance in' the abstract, :though it is clear that isome'of-them.. relate to Shoreham. These are marked with the-

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. word "Possible" in the margin. LILCO requests that the Board-

examine'these documents; g camera-to' determine whether-they

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'sufficiently-relate to New York State's review of.the Shoreham g; . y .. emergency. plan'to warrant. disclosure.

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7. . iDr.;Axelrod's' affidavit asserts-(1 5)'that the'New-5 York DPC's review of.the.Shoreham emergency plan was purely in-

- ,,ternal and that the DPC hadlnever even convened a meeting'to

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' discuss:the-work of the DPC Staff r' elating to Shoreham. Dr.

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r Axelrod's affidavit' omits mention of the fact that the entire DPC had. scheduled a public meeting for December 8, 1982 to re-k? Lview the,Shoreham plan,' 'and presumably to rule definitively on its e.cceptability.- That meeting was postponed as the result of a temporary . restraining order against it obtained on December a;

J L7,~1982 by Suffolk County in-New York State court.1/

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By the

-time the. litigation was settled in April 1983, Suffolk County

'had declared.that it.would not participate in emergency plan-ning; the'new administration in Albany had announced that it

.would not force emergency planning ~at Shoreham upon an u'nwilling.. local government; and the-DPC's review had been ter-

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minated. These facts, not mentioned in Dr. Axelrod's i-

- 1_/ .In anJaffidavit filed December 10, 1982 in opposition to a-

. motion-for preliminary injunction: filed by-Suffolk County in that case, styled Cohalan v. New York State Disaster Preparedness Commission,-Donald B. Davidoff,. Director of the 1

Radiological Emergency Preparedness Group'of the New York Di-saster Preparedness Commission,-stated, in pertinent part:

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1. lI am_the Director of the Radiological Emergency Pre-

.. .paredness Group of the New York State Disaster Pre-h -

.paredness Commission (" Commission"). In my capacity, I am responsible ^for the administration of the

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State's radiological-emergency preparedness program.

4. At the meeting that had been scheduled for December 8, 1982, the. Commission had intended to receive, from its own staff, a technical evaluation of the plan

~e submitted by LILCO and an analysis of that plan with

'd -respect to compliance with appropriate federal

. regulations. . . . (Emphasis supplied.)

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- affidavi t,: indicate that DPC review of the Shoreham plan was less: tentative or preliminary than might otherwise be sug-gested. LILCO also' believes, although'is unable to determine

-without access to documents, that these matters are discussed

~1n various of the' documents New York State'still-seeks to with-

. hold; .these documents are marked with the legend "DPC Review" in the margin. To the extent that they shed light on the State's political process, they are interesting but not neces-sarily discoverable. To the extent, however, that they also sh'ed light on the State's views of'the feasibility or legality-of LILCO's undertaking emergency planning without the assis-tance'of one-government or another, they are clearly relevant-to the " legal authority," and perhaps other, contentions in

.thisl proceeding. LILCO requests that the Board _also examine-these documents in-camera.

Respectfully submitted, LONG ISLAND LIGHTING COMPANY f

_ - By. 6

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Donald P. Irwin

Hunton & Williams

'707 East. Main. Street-

'P.O. Box ~1535 Richmond, Virginia -23212 DATED: -February.28, 1984 er &' q ,mn

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9 INVElfTORY OF

.. l RESPONSIVE ina.Uris.aT S LILCO'S ANNOTATIONS RESPECTING VARIOUS

. DOCUMENTS'BEING WITHHELD BY-NEW YORK

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Documents. designated by LILCO counsel

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Friday, February 24, 1984 as of particular apparent relevance and materiality.

SHOREHAM = Documents apparently relating to technical review of 1982 Shoreham

. Emergency Plan PUBLIC = Documents already released under NY FOIA e

RULEMAKING = Documents apparently relating to DPC Rulemaking and not Shoreham

.POSSIBLE = Documents of undeterminable relevance

. s' g DPC REVIEW = Documents.apparently relating to DPC's '

decision whether to finalize its review in'_-late-1982-early 1983 e

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( 1)

The following document is not being provided because it has already been transmitted to Mr. Latham:

DAg DOCUMENT t

%. letter from Axeirod to Latham 4/14/83 8 p h <.e u+ ih? " ' a f '"Y ^ ' *

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2) A copy of each of the following documents is be 6/8/82 at this times

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. 6/11/82 Dar: Docuszwr .

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testimony of Axelrod vsrious 4/18/83i [

press release of Cuomo 7/29/82 5/10/83'.[

6/1/8,1__ 4/26/83 M unidentified factual material heades unidentified factual material heades undated, undated [ memorandum summarizes the recent eve concerning the Shoreham Nuclear Pows  :

5/26/82 prest release concerning Axelrod's 3/22/83 ," NRC with attachments (2/28/83 memo '

5/17 and Axelrod and 3/18/83 letter to Brenn Axelrod) 5/17/82 memo to DPC members from McQueen 3/5/83 .)h 5/17/82.,; '

2/23/83 ,4 letter to Cohalan from Axelrod with

.(letter of 2/2/83 to Axelrod from J 5/14/82 ;i letter of 3/1/83 to Axelrod from Cc 4/19/83 a 12/15/82

• g stipulation of settlement in Cohala State Disaster Preporedness Commiss 5/16/83

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k press release of Cuomo

3) T 2/17/83 they are Disaster 'I - undated-gg chart Departsen 1/19/83 g meno released to Castellano but portionfrom containing Davidoffop:

is grounds f, -

and conjecture is being redacted a exemptioni Eahnleutes (letter of 1/6/83 testimony from Howard of 1/17/83, newscliptoofDi attorneys.

,referencoc being released

.g letter from Davidoff to Jones with

'1) "A" r .

12/14/82 (buck slip of 12/3/83 and letter o r '

Cohalan to Hennessy)

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( 12/9/82 'g motion to dismiss in Cohalan v. Ne Disaster Preparedness Commission,

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l. Taf firmation of. Alvy of 12/9/82 an

( Davidoff of 12/10/82)

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~12/6/82 ,)ff letter to Harenberg from Hennessy with attachment

[_ (letter of 11/23/82 to Hennessy from Harenberg) 12/7/82 telegram from Hennessy to Cohalan w!.th attachment

-J (telegram to Hennessy from Cohalan) letter to Cohalan from Hennessy with attachments 11/29/92 g- . (letter of 11/22/82 to Hennessy from Jones, letter of 9/16/82 from Jones to Davidof f, letter of 9/9/82 to Jones from Davidof f, letter of 7/26/82 to Jones from Hennessy, letter of 6/30/82 ,

I from Jones to Hennessy) i 11/12/82 g letter to Cohalan from Hennessy

. 9/10/82 '

letter to Jones from Davidof f with attachments (letter of 9/3/82 to Davidoff from Jones and g, letter of 7/21/82from Christman to Hennessy) 8/3/82 meno to Millock from Davidoff with attachments

' (letter of 7/28/82 from Hennessy to La Valle, and letter of 7/8/82 from La Valle to Hennessy) 6/9/82 df( press release 7/28/82 meno to Hillock from Davidoff with attachments (letter of 7/26/02 from Hennessy to Jones, letter

-f of 6/30/82 to Hennessy from Jones, letter of

.( 5/11/82 to cohalan from Hennessy) 7/26/82 yhf letter to Halpin from Hennessy with attachment (letter of 6/10/82 from Halpin to Hennessy) 6/23/82- g letter to Berman from Axelrod with attachment (letter of 5/25/82 to Axelrod from 8erman) l . letter to Newburger from Hennessy with attachment l 6/17/82 ',qg (letter of'6/9/82 to Hennessy from Newburger) 6/15/82 Jg-

' letter to Serger from Davidoff with attachment l

(letter of 5/21/82 from Berger to Hennessy) 6/15/82 ,qk letter to DPC members from Davidoff 6/14/82 letter to Marten from Davidoff with attached petition and letter of 6/1/82 to Hennessy from Marten 4 1

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6/8/82 4 letter to Cordaro from Hennessy with attachment (review of Shoreham plan) 6/11/32 '

letter to Trunzo from Davidoff with attachment l (letter of 5/17/82 to Davidoff from Trunzo) )

various dates g letters from McQueen to various persons 7/29/82 g letter to Pachman from Hennessy SH U

6/1/82 ,

" Analysis of Shoreham Offsite Emergency Plah"

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SHOREHNi undatdd ' . " Summary of Comments on Sections A, C, and J of PUBLP

,the_.Shoreham-Suffo site Plan" 5/26/82 g letter from Hennessy to Wolosin 5/17 and 19/81 g legislative contact reports 5/17/82 h 4 letter to Cordaro from Hennessy with attachments (letter of 5/10/82 from Cordaro to Hennessy) 5/17/82 4 4 .-K. memo to Stasiuk from Davidoff 5/14/82.t<:K handwritten notes 4/19/83 and y press release, statement by Governor Cuomo 5/16/83 'O

3) The following materials may be responsive documents, but ,

they are being withheld on the grounds specified. The New York State Disaster Preparedness Commiasion and/or the New York State Department of Health reserve the right to amend or expand the grounds for withholding deuuments which are protected by privileges, exemptions or objections. Mr. Millock, Mr. Phillips and Mr.

Zahnleuter are attorneys employed by the State who function as attorneys. The following privileges, exemptions or objections are referenced by the following code systems

1) "A" refers to inter-agency materials which are not:

(i) statistical or factual tabulations or datas (ii) instructions to staff that affect the public, or (iii) final agency policy or determinations:

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2) "B" refers to intra-agency material which are not

. '(1) statistical or factual tabulations or data instructions to staff that affect the public, or J (ii) final agency policy of. determinations; t (iii) l

3) "C" refers,to material prepared for litigation

4) "D" refers to attorney work products l r -

5) *E" refers to materials protected by attorney-client privilege.

DATE M MENT ,

n 4/26/83. gg %ansmittal -

5 kip to(" Axelrod/DPC with two nattachments suggested questions from for Davido consideration by the Shorehau penel" and a ihandwritten note from Stasiuk/ DOM to Axelrod/DPC TN 'concerning questions which should bethese materials con emphasized):

suggestions, recommendations, opinions, conjecture and deliberations pertaining to the consequences of radinactive materials releases, A, B.

_L document is being released but portfon containing l'

4/26/83 M/ opinion, conjecture and beliefs concerning

! possible Atomic Safety and Licensing Board

l. decisions is being redacted, A, B.

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' non-final, draft, working copy of essay headed by POSSIBLE L

undated [bYb "this memorandum summarizes the recent events l concerning the Shoreham Nuclear Power Station.",

A, B.

stan N received non-final, draft, working copies of a letter tot 3/11/83 gggjp -

re Shoreham, A, 8.

meno to Millock/ DOM from Davidoff/DPC -oncerning ,

POSSIBLE. 3/4/33 a draft reply to Brenner's 3/28/83 memo, with '

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7 hb attachment (draft, non-final response dated 3/3/83)r this is deliberative asterial, A, B, E.

LE meno to Axelrod/DPC from M111ock/00H concerning DPC REVIEW 3/7/g3 p

/^ resolution of Cohalan Preparedness Commission v. New York. State (draft, with attachments Disaster non-final working copy of a stipulation of dicontinuance) A, 8, C, D, E.

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< ing B,C,D,E.

I - meno from events pertaining to Shoreham, A, M111ock/ DOM to Axelrod/D DPC' REVIEW 2/23/83 M 'I' Davidoff/DPC is being smemo to Castellano/DPC from POSSIBLE 1/19/83 .g released on 'of the hearing and news co

~yg being redacted, A, B. erning LPC REVIEW 2/16/83 t

meno to A'xelrod/DPC from Millock/

fk, f.,( plan, A, B, C, D, E. cerning an

-t.=meno from Slocum/ DON to Axelrod/DPC j ture, conM. P 2/11/83 ' g 2/7/83; this meno contains opinions, deliberative con ec Y. ,/,' editorial written by evaluations, recommendations and ,

material, A, B.

meno to DPC members from iDayidort/Dru f the adequacy 1/30/82 gg transmitting DPC's staff's rev ew othis d memo contai

-ggOREHw y of LILCO's plant been

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II opinions, conclusions,these evaluations document hments an acted upon the the DPC memberst cona.titute deliberative materialsr attacNUREG-0 d re an1 excerpt from

/ , g - review sheet, A, B. C resolution

. ( q non-final, draft working cr.,py of a DPd planning, DPC REVIFW undated N pertair.!ng to Shoreham and associate A, B. of a DPC press

. non-final, draft, working copy /8/82 DPC meeting, DPC REVIEW 12/6/82,g g release concerning proposed 12 A, B.

. 11/29/82 to of Hennessy's letter of draft DPC REVIEW various datefL Cohalan, A, B. tshtr.

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meno trom cud./rJC i.e Ow!Mf, DPC-con nts, ture and 11/24/82 g N non-final, preliminary advisory comme j h adequac

, SHOREHM!

opinions, evaluations, beliefs, con of LILCO's olan, A, B.

/ C containing as meno from Czech /DPC to Davidof f DPd direct MI 11/23/82 g g same subject matter as describe '

J A, B. ' - ,

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SHOREHAMj[11/19/83 . g meno to Czech /DPC from Clemente/DPC'containinect m

('% same subj/82 meno A, B.

for 11/24 I

meno to " Larry"/DPC f rom " Jim P."/DPC containing SHOREHqM '11/1$/82 same subject matter as described above for Ng 6-11/24/82 meno, A, 8.

A 11/9/827IPM L draft, non-final working copies of letter to Cohalan from Hennessy, A, 8.

SHOREH.

meno to Czech /DPC from Lowery /DPC containing same

'T0725/82 b subject matter as a- described directly above for

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11/24/82 memo A memo to Czech /DPC from Clemente, same,as 1 4/82 SHOREH 9/16/82. g,g me n i m- ,

meno to DillennecR/DPC from Albertin/ DOT, same as SHOREH 9)15/82

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" 11/ 24/,8_2_.===a - 1; a:

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meno to Day.idof f/DPC from Czecn/pru, suuras SHOREH y 9/13/82 NN 11/24/82 meno, A, B.

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meno to Czech /DPC from Popile/DPC, same as SHOREHA. 9/8/82 'g - 11/24/82 meno, A, B.

N-darft, non-final letter from Hennessy to Pachman.

7/23/83 g,g g meno from Phillips/ DON to Millock/DOH concerning PO SIBLE 5/18/82 MMA legal issues pertaining to LILCO's plan, A, B, D, E.

meno to "REPG Staff" from Davidoff concerning POSSIBLE

• 5/17/82 <

5 assiansents for shorah== +1en-rw<i.., A, 5.

meno to DPC members from Davidoff/DPC containing SHOREH i 11/30/82 non-final, preliminary advisory comments, opinions, evaluations, beliefs, conjecture and deliberative material pertaining to the adaqua of LILCO's plan, A, E meno to.Davidoff/DPC from Zahnleuter/ DOM advising 7/18/83 g of the applicable comment period for regulations, RULE!!AKING A, 8, D, E.

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'I meno to Abernathy/DOH from Duncan/Do'H circulating regulations '

7/1/83 g' for internal review proposed, draft, and regulatory impact statement, this is

! RULEMAKING deliberative material, A, B.

d meno to Taylor /DOH from Millock/DOH transmitting  ;

6/27/83i # a revised, proposed regulation transmittal fors '

RULEMAKING. p for further internal review, this is deliberative material, A, B. D, E.

f 20/83 -

g meno to Millock/DOH from Zahnleuter/ DO

, Emergency Plan" and pages 31-79 "* "I of an SHOREHAM draft, proposed regulation transmittal form for internal review, this is deliberative meterial, i

_A , B , D , E .  !

3/17/83 meno to M111ock/DOH from zahnleuter/ DON RULEfUJIgg '$ , , . discussing and identifying several A, B, D,possiblem E.

form, this is deliberative material slip from slocum/ DON ES Duncan/ DOM ' expressing 5/11/83 ,

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RULEMAKING this is part of the internal review process and '

is deliberative material, A B.

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f. A 4/29/83 YFebg mena to Millock/ DON from Zahnleuter/ DON '

RULEl!AKING proposed regulation transmittal form, part of the internal review process A, . B, D, E. and is deliberative material same as meno directly above, but containing j 4/29/83 g'g handwritten comments, A, B, D, E.

RULEMAKING ,

meno to Duncan/ DOM from Holohean/ DOM expressing!

5/18/83 pp k comments on proposed regulation transmittal form, RULEMAKING this.is part of the internal review process and  ;

is deliberative material, A, B.

undated - [g,h handwritten meno from Millock/ DOM toAxe RULEMAKING the proposed draf t regulations, this is deliberative material and part ofd the internal review process, A, B, D, E.

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' RELATED CCnRESPONDENCE t, r ,

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LILC7, February 28,bn,9,84,'

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' 4 CERTIFICATE OF SERVIC_E 7n the Matter.of

'84 ER -1 All :52

.LONG! ISLAND LIGHTING COMPANY L(Shoreham Nuclear Power Station, Unit 1) LFF 2 0F h aic, AEmergenc9 Planning Proceeding) Docket No. 50-322kENdypfC

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, I hereby certify that copies-of LILCO'S MOTION FOR LEAVE

/ cTO MAKE-AND SUPPLEMENT REPLIES, AND-REPLY AND SUPPLEMENTAL REPLY,.TO NEWiYORK STATE DISCOVERY PAPERS 0F FEBRUARY 23.AND 7'

27,; 1984 were served.this date upon the following by first-class mail, postage prepaid, or by hand (as indicated by one af ' asterisk),:or-by Federal Express (as indicated by two aster-

_ i sks ) ', or by Telecopier (as indicated by-three asterisks).

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' James A. Laurenson,* Secretary of the Commission

' Chairman .

U.S. Nuclear Regulatory

. Atomic: Safety and Licensing Commission 20555

,; .. Board' ,

' Washington,-D.C.

/' rU.S. Nuclear. Regulatory

' Commission _

Atomic; Safety and Licensing

> East-West Tower, Rml-'402A Appeal' Board Panel r w c4350, East-West. Hwy. -U.S. Nuclear Regulatory

5. T. -Bethesda, MD 20814' Commission f's .%! . .

(Dr. , Jerry R.

Kline*

Washington, D.C. 20555

[

a JAtomic' Safety and_Cicens~ing. Atomic Safety and Licensing Board Board Panel U,.S.] Nuclear Regulatory ~ U.S. Nuclear Regulatory.

% Commission

~

Commission

'Eaiit-West Tower, Rm. 427- --Washington, D.C. 20555 4350TEasti-West Hwy.

4 ' . Bethesda, . MD' 20814', ,e Bernard M. Bordenick, Esq.*

, David A. Repka, Esq.

Mr.: Frederick J.[Shon*' - Edwin J. Reis, Esq.

Atomic.Safet'y and Licensing ~ U . S '. . Nuclear Regulatory

Board- ^

s. _

Commission U.S.7 Nuclear Regulatory 7735 Old_Georgetown Road

Commi a s' ion' (to mailroom)

East-Wost Tower,.Rm. ~430- .Bethesda, MD 20814

_ 4350 East-West' Hwy.

-Bethesda, MD -20814 Stewart M. Glass, Esq.**

.fA. Regional Counsel

1Eleat.or L.NFrucci, Esq.* Federal Emergency Management Attorney .

Agency

-Atomic; Safety'and Licensing '~ ..

26 Federal Plaza, Room 1349-2 Board Panel. - 5 *' New York, New York 10278

~U; S'.. Nuclear Regulatory Commission . .

Stephen B. Latham, Esq.**

. East-West Tower, North Tower Twomey, Latham & Shea

,4350 Eact-We~st: Highway' '33 West Second Street

.Bethesdas MD 20814 ,; ' Post Office Box 398 7g Riverhead, NY 11901

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I Fab'ian[G. ~P hlomino, Esq.***' . Ralph Shapiro, Esq.**

Special. Counsel'to the- .Cammer & Shapiro, P.C.

Governor .. 9 East 40th Street

',. Executive. Chamber- New York,' New York. 10016

.g i Room 229, . . . . .

State Capitol- .

James B. Dougherty, Esq.**

Albany,.New York 12224. - 3045 Porter Street

, 7. .

Washington, D.C. 20008 Herbert H.-Brown',:Esq.* .

+:

c . Lawrence Coe Lanpher, Esq. .Howard L. Blau-

' Christopher M. McMurrayl Esq.. 217'Newbridge Road 4/d4 JKirkpatrick// Lockhart, Hill 'Hicksville, NY 11801 t.c: Chfistopher-& Phillips~ ~

8th Floorf .

Jonathan.D.EFeinberg, Esq.

, , E 1900 M-' Street, N.W. ..

New~ York State Public Service

"' Washington,cD.C. '20036- Commisrion, Staff Counsel 3 Rockefeller Plaza

-Mr. Marc W.-Goldsmith = Albany, New-York 12223 EnergyJResearch Group.

4001:Totten' Ponc'; Road , .

Spence.W.' Perry, Esq.**

~ 9-

• Waltham, Massachusetts- 02154 Associate General Counsel

' Federal Emergency' Management

'MHB-Technical Associates Agency _.

a -1723 Hamilton--Avenue c' l500.C Street,.S.W.;

TH iSuite K: -Washington,"D.C. 20472 SanlJose, California; 95125 Ms. Nora Bredes 9' ., - - ;Mr. Jay Dunkleberger; Executive Coordinator Shoreham: Opponents' Coalition

- New York State Energy-Office:

Agency, Building 2L 7s 1957 East Main Street

?

Empire. State ~Plazal . _

Smithtown,-New York 11787 FAlbany,xNew; York 12223:

. Martin.Bradley-Ashare, Esq.

/  ; Gerald C'. Crotty, :: Esq.' ** Suffolk County' Attorney

.CounselitoLthe' Governor H. Lee Dennison Building'

% ' Executive' Chamber Veterans; Memorial Highway

'StateiCapitoli .'. Hauppauge, New York 11788 N :. < ; AlbanyliNew.LYork - 112224-.

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Donald P. Irwin

- q /iHunton & WilliamsI

- . . , , >7074EastlMain Street?

1. ~ Post 10ffice Box?1535D g( , 'RichmondijVirginiaf V23212

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4- ;JDATED: _ February l28,fl984:

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