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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20093G4541995-10-18018 October 1995 Comment Supporting Proposed Rules 10CFR2,50 & 51 Re Decommissioning Procedures for Nuclear Power Reactors ML20058K7381993-12-0303 December 1993 Memorandum & Order CLI-93-25.* Commission Denies State of Nj Petition for Leave to Intervene & Request for Adjudicatory Hearing Filed on 931008.W/Certificate of Svc.Served on 931203 ML20058E0151993-11-14014 November 1993 Comment Opposing Proposed Rule 10CFR50 Re Exemptions in Accident Insurance for Nuclear Power Plants Prematurely Shut Down ML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20059B0621993-10-20020 October 1993 Long Island Power Authority Response to Nuclear Regulatory Commission Order of 931014.* Requests That NRC Reject State of Nj Filing.W/Certificate of Svc ML20057G2141993-10-14014 October 1993 Order.* Requests for Simultaneous Responses,Not to Exceed 10 Pages to Be Filed by State,Peco & Lipa & Served on Other Specified Responders by 931020.NRC May File by 931022. W/Certificate of Svc.Served on 931014 ML20059A4581993-10-14014 October 1993 Order Requesting Answers to Two Questions Re State of Nj Request for Immediate Action by NRC or Alternatively, Petition for Leave to Intervene & Request for Hearing. Operations Plans for Marine Transportation Withheld ML20059F0191993-10-0808 October 1993 Long Island Power Authority Reply to New Jersey Filing of 931020.* Licensee Requests That NRC Deny State of Nj Intervention Petition.W/Certificate of Svc ML20057F2191993-09-30030 September 1993 Exemption from Requirements of 10CFR50.54(q) Eliminating Licensee Requirement to Follow & Maintain in Effect Emergency Plans ML20059B1291993-09-14014 September 1993 Affidavit of Jh Freeman.* Discusses Transfer of Slightly Used Nuclear Fuel from Shoreham Nuclear Power Station to Limerick Generating Station.W/Certificate of Svc & Notice of Appearance ML20097C3241992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Joint Opposition to Issuance of Decommissioning Order Prior to Hearing.* W/Certificate of Svc ML20097C2911992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeal.* Dismisses 911203 Notice of Appeal W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees Due to Encl Settlement Agreement. W/Certificate of Svc ML20097C2891992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeals.* Appeals Being Dismissed Due to Encl Settlement Agreement.Nrc Should Dismiss Appeals W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees.W/Certificate of Svc ML20097C1361992-06-0303 June 1992 Petitioners Consented Motion to Dismiss.* Petitioners by Counsel Move ASLB to Dismiss Petitioners as Petitioners for Leave to Intervene & Request for Hearing in Proceeding W/ Prejudice.W/Certificate of Svc ML20097C2631992-06-0303 June 1992 Petitioner Consented Motion to Dismiss.* NRC Should Issue Order Dismissing School District & Scientists & Engineers for Secure Energy,Inc as Petitioners in Proceeding.W/ Settlement Agreement & Certificate of Svc ML20097C1081992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Appeal.* Petitioners Hereby Move to Dismiss 910628 Notice of Appeal in Matter W/Prejudice & W/Each Party to Bear Own Costs & Atty Fees.W/ Certificate of Svc ML20096A5921992-05-0707 May 1992 Motion to Withdraw Supplemental Filing.* Petitioners Urge NRC to Allow Withdrawal of Supplement for Good Cause Shown. W/Certificate of Svc ML20096A5311992-05-0606 May 1992 Long Island Power Authority Comments on SECY-92-140 & Response to Petitioner Joint Opposition to Decommissioning Order.* Util Urges NRC to Adopt Recommendation in SECY-92-140 & Approve Order.W/Certificate of Svc ML20096A5071992-05-0505 May 1992 Suppl to Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Supplements Joint Opposition Prior to Hearing.W/Certificate of Svc ML20095K8991992-04-29029 April 1992 Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Petitioners Urge Commission to Reject NRC Staff Proposal in SECY-92-140.W/Certificate of Svc ML20095H5611992-04-28028 April 1992 Affidavit of Lm Hill.* Affidavit of Lm Hill Supporting Util Position That Circumstances Exist Warranting Prompt NRC Action on NRC Recommendation That Immediately Effective Order Be Issued Approving Decommissioning Plan ML20094G3971992-02-26026 February 1992 Notice of State Taxpayer Complaint & Correction.* NRC Should Stay Hand in Approving Application for License Transfer as Matter of Comity Pending Resolution of Question as Util Continued Existence in Ny State Courts.W/Certificate of Svc ML20094G2261992-02-25025 February 1992 Petitioner Notice of Lilco/Long Island Power Authority Exaggeration & of Commencement of State Court Action.* NRC Should Await Ny State Decision Re Matter within Special Jurisdiction.W/Certificate of Svc ML20092K9021992-02-24024 February 1992 Petitioner Opposition to Ltr Request for Dismissal of Pages.* Suggests That Transfer of License Inappropriate at Present Time.W/Certificate of Svc ML20092K9511992-02-21021 February 1992 Response of Lilco & Long Island Power Authority to Petitioner Opposition to NRC Staff Recommendation for License Transfer Approval.* W/Certificate of Svc ML20092K8701992-02-20020 February 1992 Petitioners Opposition to NRC Staff Recommendation for Approval of License Transfer.* Urges Commission to Reject NRC Recommendation in SECY-92-041 & Remand Matter for Consideration in Normal Proceeding.W/Certificate of Svc ML20091E2661992-02-20020 February 1992 Petitioner Opposition to NRC Staff Motion to Dismiss.* Petitioners Urge NRC to Deny Staff Motion or Defer Action Until Petitioners Have Fully Developed Petitions & Supplied Detailed Contentions.W/Certificate of Svc ML20091E4011992-02-18018 February 1992 Answer of Long Island Power Authority to NRC Staff Motion to Dismiss Intervention Petitions.* Util Urges NRC to Grant Motion & Dismiss Intervention Petitions.W/Certificate of Svc ML20091E3161992-02-13013 February 1992 Lilco Response to NRC Staff Motion to Dismiss Intervention Petitions on Decommissioning Plan.* Requests That Petitions Be Struck & Petitioners Be Instructed of Possible Dismissal.W/Certificate of Svc ML20092D2931992-02-0606 February 1992 Answer Denying Petitions for Leave to Intervene & Request for Prior Hearing Re Decommissioning ML20091E2741992-02-0606 February 1992 Answer of Long Island Power Authority to Intervention Petitions Concerning Shoreham Decommissioning Plan.* Requests That Petitions for Leave & Requests for Hearing Be Denied.W/Certificate of Svc & Notice of Appearance ML20091E2941992-02-0606 February 1992 Lilco Opposition to Petitioner Request for Hearing on Shoreham Decommissioning Plan.* Informs That Util Opposes Both Requests for Hearing.W/Certificate of Svc ML20091E2831992-01-22022 January 1992 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition for Leave Be Granted & Hearing Held. W/Certificate of Svc & Notice of Appearance ML20091E2811992-01-22022 January 1992 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition Be Granted & Hearing Be Held.W/Certificate of Svc & Notice of Appearance ML20086T7231992-01-0303 January 1992 Motion of Long Island Power Authority for Leave to File Supplemental Matls.* Requests That Supplemental Memorandum & Supplemental Legislative History Matls Be Filed. W/Certificate of Svc ML20086T7541992-01-0303 January 1992 Memorandum of Long Island Power Authority Concerning Supplemental Legislative History Matls.* Supports Legislative History & Argues That License Not Subj to Termination Under Section 2828.W/Certificate of Svc ML20086Q9171991-12-30030 December 1991 Lilco Opposition to Petitioners Request for Stay & Suggestion of Mootness.* Suggests That Stay Request & Suggestion of Mootness Be Denied.W/Certificate of Svc ML20086Q9281991-12-30030 December 1991 Opposition of Util to Motion for Stay of License Transfer & to Suggestion of Mootness.* Concluded That Relief Sought in Petitioner Motion & Suggestion Should Be Denied. W/Certificate of Svc ML20091H8261991-12-19019 December 1991 Suggestion of Mootness Due to Long Island Power Authority Imminent Demise.* Concludes That If Commission Were to Transfer Shoreham Licenses to Lipa,Nrc Could Find Itself W/Class 103 Facility W/O Licensee.W/Certificate of Svc ML20091H8661991-12-18018 December 1991 Lilco Opposition to SE2 Appeal from LBP-91-26 & LBP-91-39. Concludes That Appeal Should Be Summarily Rejected or Be Denied on Merits.W/Certificate of Svc ML20086N1661991-12-17017 December 1991 Motion for Stay of License Transfer Pending Final Order on Petition to Intervene & Request for Hearing & for Addl or Alternative Stay.W/Certificate of Svc ML20086M0791991-12-16016 December 1991 Certificate of Svc.* Certifies Svc of Petitioner Notice of Appeal & Brief in Support of Appeal in Proceeding to Listed Individuals ML20086J6351991-12-0909 December 1991 Lilco Opposition to Petitioners Contentions on License Transfer Amend.* Concludes That License Transfer Amend Contentions Be Rejected & Petitioner Request to Intervene Denied.W/Certificate of Svc ML20086J3521991-12-0909 December 1991 Response of Long Island Power Authority to Petitioners Joint Supplemental Petition.* Board Should Dismiss Petitions to Intervene for Lack of Standing & Reject All Contentions Proffered by Petitioners.W/Certificate of Svc ML20094E1041991-12-0909 December 1991 Response to Long Island Power Authority to Petitioners Joint Supplemental Petition ML20091G2051991-12-0303 December 1991 Brief in Support of Appeal.* Commission Should Consider Appeal on Basis That Findings of Matl of Facts Clearly Erroneous.W/Certificate of Svc ML20091G1971991-12-0303 December 1991 Notice of Appeal.* Informs of Appeal of LBP-91-26 & LBP-91-39 in Facility possession-only License Proceeding ML20086C5381991-11-18018 November 1991 Petitioner Joint Supplemental Petition.* Petition Includes List of Contentions to Be Litigated in Hearing Re License Transfer Application.W/Certificate of Svc ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* 1995-10-18
[Table view] Category:PLEADINGS
MONTHYEARML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B0621993-10-20020 October 1993 Long Island Power Authority Response to Nuclear Regulatory Commission Order of 931014.* Requests That NRC Reject State of Nj Filing.W/Certificate of Svc ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20059F0191993-10-0808 October 1993 Long Island Power Authority Reply to New Jersey Filing of 931020.* Licensee Requests That NRC Deny State of Nj Intervention Petition.W/Certificate of Svc ML20097C2631992-06-0303 June 1992 Petitioner Consented Motion to Dismiss.* NRC Should Issue Order Dismissing School District & Scientists & Engineers for Secure Energy,Inc as Petitioners in Proceeding.W/ Settlement Agreement & Certificate of Svc ML20097C2911992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeal.* Dismisses 911203 Notice of Appeal W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees Due to Encl Settlement Agreement. W/Certificate of Svc ML20097C1361992-06-0303 June 1992 Petitioners Consented Motion to Dismiss.* Petitioners by Counsel Move ASLB to Dismiss Petitioners as Petitioners for Leave to Intervene & Request for Hearing in Proceeding W/ Prejudice.W/Certificate of Svc ML20097C1081992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Appeal.* Petitioners Hereby Move to Dismiss 910628 Notice of Appeal in Matter W/Prejudice & W/Each Party to Bear Own Costs & Atty Fees.W/ Certificate of Svc ML20097C2891992-06-0303 June 1992 Petitioner Consented Motion to Dismiss Appeals.* Appeals Being Dismissed Due to Encl Settlement Agreement.Nrc Should Dismiss Appeals W/Prejudice & W/Each Party Bearing Own Costs & Atty Fees.W/Certificate of Svc ML20097C3241992-06-0303 June 1992 Petitioners Consented Motion to Dismiss Joint Opposition to Issuance of Decommissioning Order Prior to Hearing.* W/Certificate of Svc ML20096A5921992-05-0707 May 1992 Motion to Withdraw Supplemental Filing.* Petitioners Urge NRC to Allow Withdrawal of Supplement for Good Cause Shown. W/Certificate of Svc ML20096A5311992-05-0606 May 1992 Long Island Power Authority Comments on SECY-92-140 & Response to Petitioner Joint Opposition to Decommissioning Order.* Util Urges NRC to Adopt Recommendation in SECY-92-140 & Approve Order.W/Certificate of Svc ML20096A5071992-05-0505 May 1992 Suppl to Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Supplements Joint Opposition Prior to Hearing.W/Certificate of Svc ML20095K8991992-04-29029 April 1992 Joint Opposition to NRC Staff Recommendation for Issuance of Decommissioning Order Prior to Hearing & Contingent Motion for Stay.* Petitioners Urge Commission to Reject NRC Staff Proposal in SECY-92-140.W/Certificate of Svc ML20094G2261992-02-25025 February 1992 Petitioner Notice of Lilco/Long Island Power Authority Exaggeration & of Commencement of State Court Action.* NRC Should Await Ny State Decision Re Matter within Special Jurisdiction.W/Certificate of Svc ML20092K9021992-02-24024 February 1992 Petitioner Opposition to Ltr Request for Dismissal of Pages.* Suggests That Transfer of License Inappropriate at Present Time.W/Certificate of Svc ML20092K9511992-02-21021 February 1992 Response of Lilco & Long Island Power Authority to Petitioner Opposition to NRC Staff Recommendation for License Transfer Approval.* W/Certificate of Svc ML20092K8701992-02-20020 February 1992 Petitioners Opposition to NRC Staff Recommendation for Approval of License Transfer.* Urges Commission to Reject NRC Recommendation in SECY-92-041 & Remand Matter for Consideration in Normal Proceeding.W/Certificate of Svc ML20091E2661992-02-20020 February 1992 Petitioner Opposition to NRC Staff Motion to Dismiss.* Petitioners Urge NRC to Deny Staff Motion or Defer Action Until Petitioners Have Fully Developed Petitions & Supplied Detailed Contentions.W/Certificate of Svc ML20091E4011992-02-18018 February 1992 Answer of Long Island Power Authority to NRC Staff Motion to Dismiss Intervention Petitions.* Util Urges NRC to Grant Motion & Dismiss Intervention Petitions.W/Certificate of Svc ML20091E3161992-02-13013 February 1992 Lilco Response to NRC Staff Motion to Dismiss Intervention Petitions on Decommissioning Plan.* Requests That Petitions Be Struck & Petitioners Be Instructed of Possible Dismissal.W/Certificate of Svc ML20091E2941992-02-0606 February 1992 Lilco Opposition to Petitioner Request for Hearing on Shoreham Decommissioning Plan.* Informs That Util Opposes Both Requests for Hearing.W/Certificate of Svc ML20091E2741992-02-0606 February 1992 Answer of Long Island Power Authority to Intervention Petitions Concerning Shoreham Decommissioning Plan.* Requests That Petitions for Leave & Requests for Hearing Be Denied.W/Certificate of Svc & Notice of Appearance ML20091E2811992-01-22022 January 1992 Scientists & Engineers for Secure Energy,Inc Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition Be Granted & Hearing Be Held.W/Certificate of Svc & Notice of Appearance ML20091E2831992-01-22022 January 1992 Shoreham-Wading River Central School District Petition for Leave to Intervene & Request for Prior Hearing.* Requests That Petition for Leave Be Granted & Hearing Held. W/Certificate of Svc & Notice of Appearance ML20086T7231992-01-0303 January 1992 Motion of Long Island Power Authority for Leave to File Supplemental Matls.* Requests That Supplemental Memorandum & Supplemental Legislative History Matls Be Filed. W/Certificate of Svc ML20086Q9281991-12-30030 December 1991 Opposition of Util to Motion for Stay of License Transfer & to Suggestion of Mootness.* Concluded That Relief Sought in Petitioner Motion & Suggestion Should Be Denied. W/Certificate of Svc ML20086Q9171991-12-30030 December 1991 Lilco Opposition to Petitioners Request for Stay & Suggestion of Mootness.* Suggests That Stay Request & Suggestion of Mootness Be Denied.W/Certificate of Svc ML20091H8261991-12-19019 December 1991 Suggestion of Mootness Due to Long Island Power Authority Imminent Demise.* Concludes That If Commission Were to Transfer Shoreham Licenses to Lipa,Nrc Could Find Itself W/Class 103 Facility W/O Licensee.W/Certificate of Svc ML20091H8661991-12-18018 December 1991 Lilco Opposition to SE2 Appeal from LBP-91-26 & LBP-91-39. Concludes That Appeal Should Be Summarily Rejected or Be Denied on Merits.W/Certificate of Svc ML20086N1661991-12-17017 December 1991 Motion for Stay of License Transfer Pending Final Order on Petition to Intervene & Request for Hearing & for Addl or Alternative Stay.W/Certificate of Svc ML20086J3521991-12-0909 December 1991 Response of Long Island Power Authority to Petitioners Joint Supplemental Petition.* Board Should Dismiss Petitions to Intervene for Lack of Standing & Reject All Contentions Proffered by Petitioners.W/Certificate of Svc ML20086J6351991-12-0909 December 1991 Lilco Opposition to Petitioners Contentions on License Transfer Amend.* Concludes That License Transfer Amend Contentions Be Rejected & Petitioner Request to Intervene Denied.W/Certificate of Svc ML20091G2051991-12-0303 December 1991 Brief in Support of Appeal.* Commission Should Consider Appeal on Basis That Findings of Matl of Facts Clearly Erroneous.W/Certificate of Svc ML20086C5381991-11-18018 November 1991 Petitioner Joint Supplemental Petition.* Petition Includes List of Contentions to Be Litigated in Hearing Re License Transfer Application.W/Certificate of Svc ML20086C5471991-11-18018 November 1991 App to Joint Supplemental Petition of Shoreham-Wading River Central School District & Scientists/Engineers for Secure Energy,Inc.* ML20082G8971991-08-0909 August 1991 Lilco Responses to Petitioner Filings of 910805 & 06.* W/Certificate of Svc ML20082G8441991-08-0707 August 1991 Motion for Offical Notice to Correct Representation.* Moves Board to Take Official Notice of Encl NRC Records to Correct Representation Made at Prehearing Conference. W/Certificate of Svc ML20082G8571991-08-0707 August 1991 Petitioners Response to Lilco Re Physical Security Plan.* Petitioners Suggest That Util post-hearing Filing Does Not Dispose of Any Issue as to Util Compliance W/Settlement Agreement.W/Certificate of Svc ML20076D0721991-07-22022 July 1991 Petitioners First Emergency Motion for Stay.* Movants Urge Commission,In Interest of Justice,To Enjoin Lilco from Taking Any Actions Under possession-only License Which Might Moot Renewed Application for Stay.W/Certificate of Svc ML20076D1541991-07-22022 July 1991 Lilco Response to Petitioner Emergency Motions.* Believes Petitioner Emergency Motions Should Be Denied to End Frivolous Pleadings & Burdens of Time & Resources of Nrc. W/Certificate of Svc ML20076D0841991-07-21021 July 1991 Petitioners Second Emergency Motion for Stay.* Petitioners Urge Commission,Ex Parte,To Enjoin Lilco,From Any & All Acts W/Respect to Shoreham Which Would Be Inconsistent W/Nrc Representation in Court.W/Certificate of Svc ML20076D2071991-07-15015 July 1991 Lilco Opposition to Shoreham-Wading River Central School District (Swrcsd) Appeal from LBP-91-26.* Appeal Should Be Denied Due to Listed Reasons.W/Certificate of Svc ML20082D4051991-07-12012 July 1991 Lilco Opposition to SE-2s Contentions on Possession Only License Amend.* Concludes That Contentions Should Be Rejected & Request for Hearing on Possession Only License Amend Should Be Denied.W/Certificate of Svc ML20082D4001991-07-12012 July 1991 Movant-intervenors Motion for Change of Venue of Prehearing Conference.* Intervenors Request Change of Venue of 910730 Prehearing Conference from Hauppauge,Ny to Washington DC Area.W/Certificate of Svc ML20082D3891991-07-10010 July 1991 Lilco Support of NRC Staff Motion for Reconsideration of LBP-91-26.* for Reasons Listed,Nrc 910625 Motion Should Be Granted & Request for Hearing & Petition to Intervene in Amend Proceeding Should Be Denied.W/Certificate of Svc ML20082B4311991-07-0303 July 1991 Lilco Opposition to Petitioner Contentions on Confirmatory Order,Physical Security Plan & Emergency Preparedeness License Amends.* Petitioner Contentions Should Be Rejected & License Amends Denied.W/Certificate of Svc ML20082B3531991-07-0202 July 1991 Unopposed Motion for Variance in Svc Requirements.* Informs That Filing & Svc Requirements Presents No Obstacle to Filing W/Aslb or Svc Upon Any Parties.W/Certificate of Svc. Served on 910702.Granted for Licensing Board on 910702 ML20082B2461991-06-28028 June 1991 Movant-Intervenor Brief in Support Accompany Notice of Appeal.* School District Urges Commission to Reverse & Remand Dismissal Order W/Appropriate Guidance.W/Ceritifcate of Svc ML20082B2571991-06-28028 June 1991 Unopposed Motion for Variance in Svc Requirements.* Petitioners Urge ASLB to Grant Variance in Svc Procedures Requested to Allow Svc of Judge Ferguson.W/Certificate of Svc 1993-10-08
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nt.UU .:.b CORf?EST'ONDENCE DyShD UNITED STATES OF AMEPICA NUCLEAR REGULATORY COMMISSION y p 23 N007 Before the Atomic Safety and Licensino Board g, Iyhh[AS&WIf ggAtlCM
)
In the Matter of )
- )
t LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3
)
(Shoreham Nuclear Power Station, )
Unit 1) )
)
SUFFOLK COUNTY MOTION TO COMPEL THE SEPARATE APPEARANCE FOR DEPOSITIONS i
OF ROGER B. KOWIESKI, THOMAS E. BALDWIN, PHILIP H. MCINTIRE, AND JOSEPH H. KELLER Pursuant to 10 CFR SS 2.740(f) and 2.740a, Suffolk County hereby requests the Board to compel the separate appearance for depositions of Roger B. Kowieski, Thomas E. Baldwin, Philip H.
McIntire, and Joseph H. Keller (the " FEMA Witnesses").
Counsel for FEMA has agreed to Suffolk County's request to depose the four witnesses who, on behalf of FEMA, submitted testimony dated April 17, 1984.1/ Counsel have agreed that the depositions will take place on May 8 and 9, 1984. FEMA counsel, however, has refused to agree to the County's request j 1/ Although the testimony itself is dated April 17, 1984, the cover letter and Certificate of Service accompanying the i testimony are dated April 18, 1984, the testimony was ap- !
parently filed, and the County received it, on April 19, 1984.
l i
B404230433 840420 PDR ADOCK 05000322 9 PDR
t that the witnesses appear one at a time to be deposed individually, and instead has taken the position that they "will be made available as a panel." See letter dated April i 17, 1984 from Stewart M. Glass to Farla J. Letsche, which is an a
Attachment hereto.
FEMA counsel has not stated a basis for refusing to permit the FEMA witnesses to be deposed individually, as has been done 1
with almost every other witness in this proceeding,2/ despite the County's request that such an explanation be provided. The County believes it is entitled under 10 CFR S 2.740(a) to conduct individual depositions of witnesses in order to obtain i
the personal views and opinions, and independent recollections of each of those witnesses, and the County wishes to exercise that right with respect to the FEMA witnesses. In addition, 1
the County believes that separate depositions would result in a more efficient use of the witnesses' and counsel's time, be-cause we understand that the witnesses have differing areas of expertise and differing levels of involvement in the FEMA RAC
) review.
i 2/ On three occasions, LILCQ deposed more than one witness at a time. All of the other 55 depositions that have been conducted in this emergency planning proceeding have in-volved only one witness.
4 i
, .-. _ __.,_____.._a-___ . . , _ _ _ _ _ _ , _ __ .__
For the reasons set forth above, and in the absence of any showing by FEMA of good cause for depriving the County of its right under the NRC regulations to depose witnesses separately, the County submits that its Motion should be granted.
Because the parties have been unable to resolve this dis-agreement and the time before the agreed upon deposition date is short, the County is filing this Motion to Compel prior to the formal submission by FEMA of a Motion for a Protective Order.
Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Haup auge New York 11788
/
Herbert H. Bro y /
Lawrence Coe Lynpher Karla J. Letsche John E. Birkenheier KIRKPATPICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.
Washington, D.C. 20036 Attorneys for Suffolk County Dated: April 20, 1984 l 1
1
Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788
, L 0 ,
Herbert N,. Brown Lawrence Coe Lan er Karla J. Letsche John E. Birkenheier KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.
Washington, D.C. 20036 Attorneys for Suffolk County i
Dated: April 20, 1984 l
)
i _ j
ut.u h t;LGuREST M DENCE cotKETE0 i
USNRC UNITED STATES OF AMERICA ..
NUCLEAR REGULATORY COMMISSION hm 5 23 N0:37 BeforetheAtomicSafetyandLicensing:Boardj0[,t{i[ -'
-e
)
In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station, )
Unit 1) )
)
- SUBPOENA To
- Cheryl Melina
- , c/o U.S. Department of Agriculture 4
14th Street & Independence Avenue, S.W.
Washington, D.C. 20250 You are hereby directed to appear and give your deposition in this proceeding at the offices of Kirkpatrick, Lockhart,-
Hill, Christopher & Phillips, 1900 M Street, N.W., Suite 800, J Washington, D.C. 20036 on the 14th day of May, 1984, at 9:00 i
)
o' clock a.m. and from day to day thereafter until the examina-a tion is completed, on the subject of the review by the Regional Assistance Committee on behalf of the Federal Emergency Manage-
] ment Agency, of the LILCO Transition Plan for the Shoreham Nu-i clear Power Station.
You are also hereby directed to produce for inspection and i copying all documents in your possession, custody or control l
2
. s that were produced during, or in any way relate to the Regional Assistance Committee review of the LILCO Transition Plan for the Shoreham Nuclear Power Station, including, but not limited to, memoranda, correspondence, questions, comments, reports, evaluations, ratings, summaries, notes, drafts or revisions of reports, comments, evaluations or summaries or any portions thereof, transcripts, minutes, summaries or notes of meetings, discussions or conferences, including telephone conferences, among RAC members or other documents relating to the RAC review of the LILCO Transition Plan (but not including the LILCO Tran-sition Plan itself or NUREG 0654). These documents shall be produced on or before the 4th day of May, 1984 at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Washington, D.C. 20036.
If you oppose this subpoena, you may move to quash or mod-ify it in accordance with 10 CFR S 2.720(f).
James A.-Laurenson Presiding Officer April __, 1984 1
l l
. N ncud t.D CoaRLSPONDI'!CE 00,tKEI,E0
- SM?c .
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .g4 gR 23 N0:37 n: 5(CFt 7 Before the Atomic Safety and Licensing Boa rd /Ji.J a td'O' '-
gutKH
)
In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station, )
Unit 1) )
)
SUBPOENA To: Ronald Bernacki c/o HHS/ Food and Drug Administration 200 Independence Avenue, S.W.
Washington, D.C. 20201 You are hereby directed to appear and give your deposition in this proceeding at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Suite 800, Washington, D.C. 20036 on the 14th day of May, 1984, at 3:30 o' clock p.m. and from day to day thereafter until the examina-tion is completed, on the subject of the review by the Regional Assistance Committee on behalf of the Federal Emergency Manage-ment Agency, of the LILCO Transition Plan for the Shoreham Nu-clear Power Station.
You are also hereby directed to produce for inspection and copying all documents in your possession, custody or control
. N l
that were produced during, or in any way relate to the Regional Assistance Committee review of the LILCO Transition Plan for the Shoreham Nuclear Power Station, including, but not limited to, memoranda, correspondence, questions, comments, reports, evaluations, ratings, summaries, notes, drafts or revisions of reports, comments, evaluations or summaries or any portions thereof, transcripts, minutes, summaries or notes of meetings, discussions or conferences, including telephone conferences, among RAC members or other documents relating to the RAC review of the LILCO Transition Plan (but not including the LILCO Tran-sition Plan itself or NUREG 0654). These documents shall be produced on or before the 4th day of May, 1984 at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Washington, D.C. 20036.
If you oppose this subpoena, you may move to quash or mod-ify it in accordance with 10 CFR S 2.720(f).
James A. Laurenson Presiding Officer April __, 1984
. s Hr u,! LD LortRLSPONudNCE 00tKETED U91RC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board g ,.3 3.g ,
m;p JWf,' SERV 1f I'.
3RMICH
)
In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station, )
Unit 1) )
)
SUBPOENA To: Herbert Fish c/o Department of Energy 1000 Independence Avenue, S.W.
Washington, D.C. 20585 You are hereby directed to appear and give your deposition in this proceeding at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Suite 800, Washington, D.C. 20036 on the 14th day of Ma;r, 1984, at 12:30 o' clock p.m. and from day to day thereafter until the examina-tion is completed, on the subject of the review by the Regional Assistance Committee on behalf of the Federal Emergency Manage-ment Agency, of the LILCO Transition Plan for the Shoreham Nu-clear Power Station.
You are also hereby directed to produce for inspection and copying all documents in your possession, custody or control
that were produced during, or in any way relate to the Regional Assistance Committee review of the LILCO Transition Plan for the Shoreham Nuclear Power Station, including, but- not limited to, memoranda, correspondence, questions, comments, reports,
, evaluations, ratings, summaries, notes, drafts or revisions of reports, comments, evaluations or summaries or any portions thereof, transcripts, hinates, summaries or notes of meetings, discussions or conferences, including telephone conferences, ,
among RAC members or other documents relating to the RAC review of the LILCO Transit' ion Plan (but not including the LILCO Tran-sition Plan itself o1 ~NUREG 0654). These d cuments shall be produced on or before the 4th day of May, 1984 at the offices of Kirkpatrick, Lockhart, Hl.ll, Christopher & Phillips, 1900 M Street, N.W., Washington, D.C. 20036.
If you oppose this subpoena, you may move to q'tash or mod-ify it in accordance with 10 CPR S 2.720(f),. '
James A. Laurenson Presiding Officer April __, 1984 I
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REl.ATED CORRg3MNCE q};F G p
l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 14 APR 23 N0:38 "r "F SEL?tiA: -
Before the Atomic Safety and Licensing ' Board 43 A SEiGlil
- < AllCH
)
In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station, )
Unit 1) )
)
SUBPOENA To: Linda Olmer c/o Environmental Protection Agency 401 M Street, S.W.
Washington, D.C. 20460 You are hereby directed to appear and give your deposition in this proceeding at the offices of Kirkpatrick, Lockhart, Hill, Christophe6 & Phillips, 1900 M Street, N.W., Suite 800, Washington, D.C. 20036 on the 15th day of May, 1984, at 9:00 o' clock a.m. and from day to day thereafter until the examina-tion is completed, on the subject of the review by the Regional Assistance Committee on behalf oT the Federal Emergency Manage-ment Agency, of the LILCO Transition Plan for the Shoreham Nu-clear Power Station.
You are also hereby directed to produce for inspection and copying all documents in your possession, custody or control i
)
I
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that were produced during, or in any way relate'to tt.'e Regional Assistance Committee review of the LILCO Transition Plan for, l
I the Shoreham Nuclear Power Station, including, but,nct limited to, memoranda, correspondence, questions, comments, reports, evaluations, ratings, summaries, notes, drafts or revisions of ,
reports, comments, evaluations or summaries or any, portions thereof, transcripts, minutes, summaries or notes of meetings, discussions or conferences, including telephone conferences \, !
among RAC members or other documentr relating to the RAC review i
of the LILCO Transition Plan (but not including the LILCO Tran ,
sition Plan itself or NUREG 0654). These documents shall be produced on or before the 4th day of May, 1984 at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Washington, D.C. 20036.
If you oppose this subpoena you may move to quash cr mod-ify it in accordance with 10 CFR S 2.720(f). e
/
James A. LaurenEon i Presiding Officer April __, 1984 >
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RELATED CORRESPONDENCE 00f.KETED );
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'84 APR 23 A10:38 Before the Atomic Safety and Licensing Board
,
.hlHNG & SEFyla 3 RANCH In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station, )
Unit 1) )
)
SUBPOENA To: Joyce Feldman c/o Environmental Protection Agency 401 M Street, S.W.
Washington, D.C. 20460 You are hereby directed to appear and give your deposition in this proceeding at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Suite 800, Washington, D.C. 20036 on the 15th day of May, 1984, at 12:30 o' clock p.m. and from day to day thereafter until the examina-tion is completed, on the subject of the review by the Regional Assistance Committee on behalf of the Federal Enutsency Manage-ment Agency, of the LILCO Transition Plan for the Shoreham Nu-clear Power Station.
You are also hereby directed to produce for inspection and copying all documents in your possession, custody or control
that were produced during, or in any way relate to the Regional Assistance Committee review of the LILCO Transition Plan for the Shoreham Nuclear Power Station, including, but not limited to, memoranda, correspondence, questions, comments, reports, evaluations, ratings, sunmaries, notes, drafts or revisions of reports, comments, evaluations or summaries or any portions thereof, transcripts, minutes, summaries or notes of meetings, discussions or conferences, including telephone conferences, among RAC members or other documents relating to the RAC review of the LILCO Transition Plan (but not including the LILCO Tran-sition Plan itself or NUREG 0654). These documents shall be produced on or before the 4th day of May, 198' at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Pnillips, 1900 M Street, N.W., Washington, D.C. 20036.
If you oppose this subpoena, you may move to quash or mod-ify it in accordance with 10 CFR S 2.720(f).
James A. Laurenson Presiding Officer April __, 1984 I
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HELAT EU CoagESPONDENCE DOR ETED UNITED STATES OF AMERICA L"iM C NUCLEAR REGULATORY COMMISSION
'84 APR 23 A10:38 Before the Atomic Safety and Licensing Board E CI DF SELntlAr
' MEilNG & SEFylef' SRANCH
)
In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham. Nuclear Power Station, )
Unit 1) )
)
SUBPOENA To: Paul Lutz c/o Department of Transportation 400 Seventh St., S.W.
Washington, D.C. 20590 You are hereby directed to appear and give your deposition in this proceeding at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Suite 800, ;
Washington, D.C. 20036 on the 15th day of May, 1984, at 3:30 ,
)
o' clock p.m. and from day to day thereafter until the examina- l tion is completed, on the subject of the review by the Regional Assistance Committee on behalf of the Federal Emergency Manage-ment Agency, of the LILCO Transition Plan for the Shoreham Nu-clear Power Station.
You are also hereby directed to produce for inspection and copying all documents in your possession,' custody or control
l
- k that were produced during, or in any way relate to the Regional Assistance Committee review of the LILCO Transition Plan for the Shoreham Nuclear Power Station, including, but not limited to, memoranda, correspondence, questions, comments, reports, evaluations, ratings, summaries, notes, drafts or revisions of reports, comments, evaluations or summaries or any portions thereof, transcripts, minutes, summaries or notes of meetings, discussions or conferences, including telephone conferences, among RAC members or other documents relating to the RAC review of the LILCO Transition Plan (but not including the LILCO Tran-sition Plan itself or NUREG 0654). These documents shall be produced on or before the 4th day of May, 1984 at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Washington, D.C. 20036.
If you oppose this subpoena, you may move to quash or mod-ify it in accordance with 10 CFR S 2.720(f).
i l .
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a i James A. Laurenson Presiding Officer l April __, 1984 1
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_ _ _ _. . _ . _ __ _ --_ -. _ __ _ .~ _ . _ _ _ . . _ . . _ _ , , . _ . _ . . _
Federal Emergency Management Agency 8' , Region!! 26 Federal Pla.za New York, New York 10278 April 17,1984 B_Y,,TELEC0FIER Karla J. IAtache, Esquire ,
Kirkpatrick, Inckhart, Hill, Christopher & Phillips 1900 M Street N.W. -
W hington, D.C. 20036 De.ar Karia: _
'Ihe FHR panel of witnesses will be available for deposition on t'4y 8th avi t'ay 9th as a previously agreed, 'Ihe panel consists of nomsa E. Saldwin of Argonne National laboratory; Joseph H. Keller of %tinghause Idaho h\tclear Corporation; Roger B, Kowieski, RAC Chairman and Philip H. McIntire, Chief, Natural and Tednological Har.ards Division of Region II of the Federal Ebergency Hzna6ement Agency.. It is the position of this office that these witmesses will be made available for deposition as a panel.
At your earliest convenience, we should arrange a conference call witti all parties to discuss the scope and schedcle of the deposition so that all parties can be accomodated in the tw days available.
Robert L. Acerno and Marianne Jackson of the FOR Region 11 office provided staff aesistance to the RAC and RAC Chairman, Ms. Jackson's roIs was licited to a review of mtblic information materials. Margerat Iawless of FD!A's headquartera staff review a portion of the RAC review after its submittel to Fam Heatuarters. Based on her coments seven editorial changes were made, none of etch affected the final rating af crf element.
The following RAC members participated in the review of the LIILO Transition Plan:
Cheryl Melina Deparutent of Agriculture Herbert Fish Department of Energy Ronald Bernacki iES/ Food Drug Adninistration Envirotnental Protection Agency )
Id.nda Olmer Joyce FeLtan Envirornental Protection Agency Craig Gordcm Nuclear Regulatory Conc;iesion Robert Bores Nuclear Regulatory Cottmission i Paul Lutz Department of Transportation l
- Prior to the submissian to FDIA of Revision 3 of the LIILO Transition Plan Mr. Bores replaced Mr. Gordon on t
- he RAC and Ms. Felchan replaced Ms. Ol'::er.
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. s Pursuant to your request to depose other CIA persor:nel or ne::bers of the FAC. I respectfully refer your attention to the Board's order of Septe:::Scr 27,1983 . As miA has an interest in erf atte@t to depose these individuals it is respectfully requested that this office be provided inforistion as to any such' equest aid be given an 0;7crtunity to further state our position on this issue.
Very tr'oly' yours, s %.s W .
Stewarti H. Class Regional Counsel 0
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