ML20083K592

Motion to Set 840420 as Deadline for Submission of New Contentions Re Regional Assistance Committee Review.Deadline Necessary So That Further Proceedings Will Not Be Delayed. Certificate of Svc Encl

ML20083K592
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	04/13/1984
From:	Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
References
OL-3, NUDOCS 8404160223
Download: ML20083K592 (7)

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I LILCO, April 13, 1984 30CKETED USNRC UNITED STATES OF AMERICA .

NUCLEAR REGULATORY COMMISSION 14 APR 16 51:06 MfCE 0 SECRETA.W Before the Atomic Safety and Licensing b NC In the Matter of )

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

) -(Emergency Planning Proceeding)

(Shoreham Nuclear Power Station, )

Unit 1) )

LILCO'S MOTION TO SET DEADLINE FOR SUBMISSION OF NEW CONTENTIONS RELATING TO RAC REVIEW On March 15, 1984, the Federal Emergency Management Agency (EEMA) issued the 61-page report of its Regional Assistance Committee (RAC) on the Shoreham Nuclear Power Station along with a cover letter from Samuel W. Speck, Associate Director.of FEMA. The report, while not independently before this Board for adjudication, has been available to the parties virtually from the moment of its issuance.1/

Nearly a month later, on April 9, with only after-the-fact notice to LILCO and without filing any contentions, Suffolk 1/ In a letter to the Board dated Monday, March 19, 1984, Suffolk County counsel Karla J. Letsche stated'that the County had had access to the report since late the previous week.

This means that-the County must have received the RAC~ report either on the date of its issuance-(Thursday, March 15) or the day after.

The report was also served on the "Shoreham Hearing Service List" by NRC Region I on March 20.

l 8404160223 840413 I PDR ADOCK 05000322 Q pm l

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County has asked FEMA to provide it with deposition discovery l'

on the RAC report. (See Attachment). FEMA counsel apparently agreed, on April 11 or 12, to make witnesses available.to Suffolk County on May 8 and 9. LILCO understands that Suffolk County has also served a Freedom of Information Act request on FEMA for documents underlying the RAC review; this is not at-tached because Suffolk County did not serve a copy on LILCO, and LILCO has not been otherwise able to obtain it yet.

Suffolk County's request for depositions includes all members of the RAC and is not limited in its scope to matters raised by existing contentions, or in any other fashion; and while LILCO does not know the exact content of the County's FOIA request, we believe it to be encyclopedic.

It appears obvious that Suffolk County'is preparing to in-stitute the broadest possible. litigation on the content and basis of the RAC review. However, in the month since'the RAC review's issuance the County has filed no proposed contentions on it, even though contentions are a prerequisite,.under the -

NRC's regulations, to obtaining discovery on and litigating any-matter.

It is not clear _-to LILCO whether FEMA, in the May 8-9 depositions, intends'to limit the County's:questioningLto mat-ters relevant to or reasonably calculated to lead to production of material-relevant to issues already placed in controversy by1 f

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existing contentions, as is contemplated by 9 2.740(b)(1) of the Commission's regulations. If it does not, then the County will clearly have been able to put the cart before the horse and obtain discovery on matters outside the scope of issues in controversy in this proceeding. Equally clearly, bringing any new contentions to hearing will.have been delayed by the ab-sence of any identification of further issues. Given the stately pace at which the process of proposal and refinement of contentions, and subsequent discovery and testimony filing, can proceed under the Commission's rules unless expedited, there arises a very real risk that "new" FEMA material will not be ready for hearing (should hearings be allowed on it) until well after the existing body of contentions.has been fully heard.

Such delay is obviously highly prejudicial to LILCO, which pays approximately $1,300,000 daily in debt service on Shoreham as a nonoperating plant.

LILCO believes that a month is plenty of time for parties with the resources of those in this proceeding to have prepared contentions on a 61-page document. LILCO moves that the Board set next Friday, April 20, as the deadline for.Suffolk County or any other party to submit'any new contentions based on the RAC Review, so that responsive pleadings and a Board ruling'on.

them are practicable before the depositions now scheduled for I

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'd May 8-9, and so that further proceedings based on.the RAC Re-view, if they are-ordered (an eventuality which LILCO does not concede), will not be needlessly delayed. '

Respectfully submitted, LONG ISLAND LIGHTING COMPANY By 1 .

t l M onald T. Irwin HUNTON & WILLIAMS 707 East Main Street i P.O. Box 1535 Richmond, Virginia 23212 DATED: April 13, 1984 i

Attachment:

Letter, Karla J. Letsche, Esq., April 9, 1984.

Esq. to' Stewart M. Glass, 4

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E KIRKPATRICK, I,OCKHART, HILL, CHRISTOPHER & PHILLIPS-A Paartwomewtr IncLconno A Paormestowas Conromarson 1900 }i STREET, N. W.

WASHINGTON. D. C. 20006 TELEPHOWE (908) 488.F000 15 FTTTShraos CABLa MIPN2 EIEEPATRICE.34C1aAET.JONTSON & BTWutsON telex eeosoe MIPH C1 3600 012VF.a BCILDLMO warran a arnacT arAL NCunaa ,

FITTsaCaOat FawnsTLvAnsa assas (202) 452-7064 April 9, 1984 BY TELECOPIER Stewart M. Glass, Esquire ,

Regional Counsel Federal Emergency Management Agency 26 Federal Plaza, Room 1349 New York, New York 10278

Dear Stewart:

Now that the RAC review is complete, the County needs to depose the RAC reviewers and the witnesses FEMA intends to use in the ASLB trial. (I assume that some of the reviewers will actually be FEMA witnesses and, thus, that these two groups actually coincide to a large degree). With the exception of Mr. Kowieski who, at the time of his deposition, had not begun any work on the LILCO Plan, the County has not had an opportunity to depose any of the FEMA personnel with knowledge of Shoreham-related matters.

We will be glad to take the depositions of these persons either before or after FEMA's testimony is filed, depending upon your wishes and their schedules. It appears, however, that given the two-week hearing break-which starts today,'it might be best to conduct ~at least some of the depositions the week of April 16. The religious holidays that week could pose a problem, but let's talk.

. At any rate, please let us know the-identity of the RAC i reviewers and the persons FEMA' intends to use'as witnesses and the dates of their availability for depositions. I am sure we can then schedule their depositions at a mutually convenient time.

Sincere l l

~( l Karla . Letsche cc: Fabian Palomino, Esq.

Donald P. Irwin, Esq.*

Bernard M. Bordenick, Esq.

Stephen B. Latham, Esq. -

James B. Dougherty, Esq.

Ralph Shapiro,'Esq.

LILCO, April 13,'1984 1 I' CERTIFICATE OF SERVICE In the Matter of 4

LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

(Emergency Planning Proceeding) Docket No. 50-322-OL-3 i I hereby certify that copies of LILCO'S MOTION TO SET DEADLINE FOR SUBMISSION OF NEW CONTENTIONS RELATING TO RAC REVIEW were served this-date upon the following by first-class mail, postage prepaid, or by hand (as indicated by one aster-isk), or by Federal Express (as indicated by two asterisks), or by telecopier (as indicated by three 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 East-West Tower, Rm. 402A Appeal Board Panel

) 4350 East-West Hwy. U.S. Nuclear Regulatory

Bethesda, 10)

' 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 I

Commission Commission East-West Tower, Rm. 427 Washington, D.C.

4350 East-West Hwy. 20555 Bethesda, MD 20814 Bernard M. Bordenick, Esq.*

Mr. Frederick J. Shon*

David A. Repka, Esq.

Edwin J. Reis, Esq.

Atomic Safety and Licensing U. S. Nuclear Regulatory:

Board Commission

' U.S. Nuclear Regulatory 7735 Old Georgetown Road Commission i

East-West Tower, Rm. 430 (to mailroom)

Bethesda, MD 20814-4350 East-West Hwy.

i Bethesda, MD 20814

' Stewart M. Glass, Esq.***

Regional Counsel Eleanor L. Frucci, Esq.*

Attorney Federal' Emergency Management Agency Atomic Safety and Licensing 26 Federal Plaza, Room 1349 Board Panel- New York, New-York' 10278 U. S. Nuclear-Regulatory Commission- Stephen.B. Latham, Esq.**

East-West Tower, North Tower Twomey, Latham & Shea 4350 East-West Highway 33 West Second Street Bethesda, MD 20814 Post Office Box 398 4 Riverhead, NY 11901 4

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.0 Fabian G. Palomino, Esq.*** Ralph Shapiro, Esq.**

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

Governor 9 East 40th Street Executive Chamber New York, New York 10016 Room.229 State Capitol James B. Dougherty, Esq.**

Albany, New York 12224 3045 Porter Street Washington, D.C. 20008 Herbert H. Brown, Esq.*

Lawrence Coe Lanpher, Esq. Jonathan D. Feinberg, Esq.

Christopher M. McMurray, Esq. New York State Public Service Kirkpatrick, Lockhart, Hill Commission, Staff Counsel Christopher & Phillips 3 Rockefeller Plaza 8th Floor Albany, New York 12223 1900 M Street, N.W.

Washington, D.C. 20036 Spence W. Perry, Esq.***

Mr. Marc W. Goldsmith Associate General Counsel Federal Emergency Management Energy Research Group Agency 4001 Totten Pond Road 500 C Street, S.W., Rm. 840 Waltham, Massachusetts 02154 Washington, D.C. 20472 MHB Technical Associates Ms. Nora Bredes 1723 Hamilton Avenue Executive Coordinator Suite K Shoreham opponents' Coalition San Jose, California 95125 195 East Main Street Smithtown,-New York -11787 Mr. Jay Dunkleberger New York State Energy Office Martin Bradley Ashare, Esq.

Agency Building 2 Suffolk County Attorney <

Empire State Plaza Albany, New York 12223 H. Lee Dennison Building Veterans Memorial Highway Hauppauge, New York 11788 Gerald C. Crotty, Esq.**

Counsel to the Governor Executive Chamber State Capitol Albany, New York 12224 Donald P. Irwin Hunton & Williams 707 East Main Street Post Office Box 1535 Richmond, Virginia 23212 DATED: April 13,,1984 4