ML20083R039

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Application for Issuance of Subpoenas to Regional Assistance Committee Members,C Melina,H Fish,R Bernacki,L Olmer, J Feldman & P Lutz.Related Correspondence
ML20083R039
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 04/20/1984
From: Letsche K
KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML20083Q918 List:
References
OL-3, NUDOCS 8404230436
Download: ML20083R039 (16)
v • d • e


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.U ,u :D CORUESPONDENCE 000KETED US':ric UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,

- g7 Before the Atomic Safety and Licensing Board

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In the Matter of )

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

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SUFFOLK COUNTY APPLICATION FOR ISSUANCE OF SUBPOENAS Suffo.lk County hereby requests the Presiding Officer of this Licensing Board to issue subpoenas in the form attached hereto, to (1) Cheryl Melina, (2) Herbert Fish, (3) Ronald i Bernacki, (4) Linda Olmer, (5) Joyce Feldman, and (6) Paul Lutz, ordering both appearance for depositions and production of documents. Each of these individuals is a member of the Re-gional Assistance Committee ("RAC") that reviewed the LILCO Transition Plan for Shoreham under the direction and at the re-quest of FEMA, pursuant to the NRC's request that FEMA provide findings and determinations as to the adequacy and implement-l abliity of the Plan. Issuance of the subpoenas is authorized Dy lu CFR S 2.720.

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The discovery sought through the attached subpoenas is di-rectly relevant to this proceeding. On April 18, 1984 FEMA 8404230436 840420 PDR ADOCK 05000322 O PDR

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submitted the Direct Testimony of Thomas E. Baldwin, Josepn H.

Keller, Roger B. Kowieski, and Philip H. McIntire Concerning Phase II Emergency Planning. At page 2 of their testimony Messrs. Baldwin, Keller, Kowieski and McIntire state that "the RAC review [of Revision 3 of the LILCO Plan) is appended to this testimony and constitutes a part thereof." The " review" which is attached to the FEMA testimony is a document entitled "LILCO Transition Plan for Shoreham -- Revision 3, Consolidated RAC Review, Dated. February 10, 1984," (hereinafter, the "RAC Review"), which contains " review comments," " ratings" of "inad-equate" or " adequate" with respect to NUREG 0654 elements, and

" Concerns Pertaining to LERO's Legal Authority Identified Dur-ing RAC Review of LILCO Transition Plan for Shoreham -- Revi-sion 3." In addition, in their testimony these gentlemen refer to the " review comments," a RAC meeting and discussions that were'part of the process of producing the RAC Review, and they rely throughout their testimony upon the facts found by the RAC and stated in the RAC Review. See Testimony of Thomas E.

Baldwin, et al. at 2-7, and passim.

l Because the RAC Review will be offered into evidence and the facts set forth in that document are relied upon as the bases for the opinions and conclusions expressed in the FEMA testimony, cross examination of that testimony must necessarily 2-

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explore the facts and concerns set forth in the RAC Review, the bases for those facts and concerns, and the process by which those facts and concerns were identified. Such cross examina-tion cannot be conducted effectively without prior discovery of the relevant documents and other information relating to the bases for the facts and concerns stated in the RAC Review.

The six members of the RAC to whom the requested subpoenas are directed are neither witnesses in, nor parties to, this proceeding. If the necessary information cannot be obtained through discovery directed to FEMA and the four FEMA witnesses, the only method available to the County for obtaining the information is by deposing and obtaining documents directly from the RAC members themselves. Because FEMA counsel has stated that he "has no control over" the RAC members for purposes of requiring their appearance at depositions, the re-quested subpoenas are necessary.

Based on the foregoing, Suffolk County requests that the Presiding Officer issue the attached subpoenas and thereby order the individuals named in those subpoenas to appear for depositions and produce documents, as set forth in the subpoe-nas.

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' E EXHIBIT 1

. UNITED STATES OF AMERICA NUCLEAR, REGULATORY COMMISSION Before the Atomic Saf'ety and Licensing Board I

In the Matter of ). '

^

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

NOTICE OF DEPOSITION '

PLEASE TAFE NOTICE that, purs.uant to'10 CPR 52.740a, Suffolk County, by its attorneys, will take the deposition upon oral examination of Craig Gordon on the subject areas of the Regional Assistance Committee review of the LILCO Transition Plan including the methodology, content, bases, conclusions, and processes involved therein, and the Consolidated RAC Review dated February 10, 1984, including the bases for the facts, comments, ratings and concerns contained therein. 'Such deposi-tion will be taken before a Notary Public, or before some other authorized officer, at .the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Suite 800, Washington, D.C. 20036 on the 16th day of May, 1984, at 9:00 o' clock a.m. and from day to day thereafter until the examina-tion is completed.

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. 6 Dated: April 20, 1984 I

~KIRKPATRICK, LOCKHART,~ HILL, CHRISTOPHER &'PHILLIPS i B.y (8 Johh E. Birkenheier Attorneys for Suffolk County 1900 M Street, N.W.

Washingto.n, D.C. 20036 e

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EXHIBIT 2 l i

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board

)

In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

"j Unit 1) )

)

NOTICE OF DEPOSITION

! PLEASE TAKE NOTICE that, pursuant to 10 CFR S2.740a,

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Suffolk County, by its attorneys, will take the deposition upon oral examination of Robert Bores on the subject areas of the Regional Assistance Committee review of the LILCO Transition l Plan including the methodology, content, bases, conclusions, and processes involved therein, and the Consolidated RAC Review dated February 10, 1984, including the bases for the facts, comments, ratings and concerns contained therein. Such deposi-tion will be taken before a Notary Public, or before some other

, authorized of ficer, at the offices of Kirkpatrick, Lockhart,

! Hill, Christopher & Phillips, 1900 M Street, N.W., Suite 800, Washington, D.C. 20036 on the 16th day of May, 1984, at 1:30 o' clock p.m. and from day to day thereafter until the examina-tion is completed.

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l Dated: April 20, 1984 i

KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS By [1/_ ( [ I _ * - ~

.i Joh6 E. Birkenheier Attorneys for Suffolk County 1900 M Street, N.W.

Washington, D.C. 20036 S

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