ML20082E642
| ML20082E642 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 11/21/1983 |
| From: | Irwin D HARMON & WEISS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL-3, NUDOCS 8311280266 | |
| Download: ML20082E642 (4) | |
Text
LILCO, Novenbar'21, 1983 00CKETED USNRC UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION 13 EN 23 NO 39 CFFICE OF SECRETAf4 00CKETING & SEfNI!
Before the Atomic Safety and Licensing Board 3RMKH In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-3
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(Emergency Planning Proceeding)
(Shoreham Nuclear Power Station, )
Unit 1)
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LILCO'S WITHDRAWAL OF MOTION TO COMPEL DISCOVERY In light of the Board's November 14, 1983 " Memorandum and Order Regarding Motion for Change in Schedule, Request for Con-ference Call, and Motion to Compel," LILCO hereby withdraws its November 10, 1983 " Motion to compel Discovery of Suffolk County."
In withdrawing this motion, LILCO takes note of the Board's ruling on page 2 of its " Memorandum and Order.
permitting the supplementing or amending of testimony for good cause shown under S 2.743(b) of the Rules of Practice.
Though the Board's reference to that provision was in the context of potential substantive changes in LILCO's emergency plan, LILCO believes that it would apply equally to the situation of LILCO's having been misled or thwarted in attempts to learn about the County's intended direct case by the County's asser-tions of privilege on discovery.
LILCO, like the Board, 8311280266 831121
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gDRADOCK 05000322 PDR
t believed that it had " developed a framework for resolution of discovery disputes following [the] Discovery Conference" (Memo-randum and Order at 4) without directly involving the Board.
The exchange of letters dated November 2 and 10 between counsel
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for LILCO and Suffolk County, both of which have been filed
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with this Board, illustrates LILCO's attempt to use that frame-i work and the County's general response to date.
l Thus in the event of surprise by the County in its direct l
testimony, LILCO reserves the right to seek leave to amend or l
l supplement testimony for good cause shown pursuant to
$_2.743(b), or to seek other or additional appropriate relief from this Board.
Respectfully submitted, I
LONG ISLAND LIGHTING COMPANY l
By Hunton & Williams l
707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED:
November 21, 1983 1.
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l
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s LILCO, Nsycmbar 21, 1983 CERTIFICATE OF SERVICE In the Matter of t
LONG ISLAND LIGHTING COMPANY
-(Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 f
I, Donald P. Irwin, hereby certify that copies of LILCO'S WITHDRAWAL OF MOTION TO COMPEL DISCOVERY were served f
this date upon all of the following by first-class mail, post-f i
l age prepaid, by hand (as indicated by an asterisk) or by Federal Express (as indicated by two asterisks).
1 i
James A. Laurenson,*
Secretary of the Commission l
Chairman
.U.S. Nuclear Regulatory Atomic Safety and Licensing Commission l
l Board Washington,.D.C.
20555 U.S. Nuclear Regulatory l
Commission Atomic Safety and Licensing East-West Tower, Rm. 402A Appeal Board Panel 4350 East-West Hwy.
U.S. Nuclear Regulatory Bethesda, MD 20814 Commission Washington, D.C.
20555 l
Dr. Jerry R. Kline*
Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel l
U.S.. Nuclear Regulatory U.S. Nuclear Regulatory i
Commission Commission l
East-West Tower, Rm. 427 Washington, D.C.
20555 4350 East-West Hwy.
Bethesda,-MD 20814 Bernard M.
Bordenick, Esq.*
David A. Repka, Esq.
l 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 f
' l Eleanor L. Frucci, Esq.*
Stewart M. Glass, Esq.**
l 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 l
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 l
San Jose, California 95125 Agency l
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 l
Shoreham Opponents' Coalition L
195 East Main Stree 1
Smith own, New York 11787 Y
i Donald P.' Irwin Hunton & Williams 707 East Main Street i
P.O. Box 1535 Richmond, Virginia 23212 DATED:
November 21, 1983
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