ML20084D143

Motion to Withdraw Certain Portions of 840330 Testimony on Contention 11 Re Conflict of Interest & File Supplemental Testimony on Contention.Related Correspondence

ML20084D143
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	04/26/1984
From:	Christman J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:
Shared Package
ML20084D147	List: ML20084D143 ML20084D162
References
OL-3, NUDOCS 8405010200
Download: ML20084D143 (4)

Text

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Rga CUidWE LILCO, April 26, 1984 v ',

00CnETED USNRC t

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '84 AR130 A10:45 CFF!cE OF $5cpt(;7 00CXETINU & SEpyg;r Before the Atomic Safety and Licensing Board SRANCH In the Matter of )

)

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

) (Emergency Planning (Shoreham Nuclear Power Station, ) Proceeding)

Unit 1) )

LILCO'S MOTION TO WITHDRAW CERTAIN PORTIONS OF ITS TESTIMONY ON CONTENTION 11 (CONFLICT OF INTEREST)

AND TO FILE SUPPLEMENTAL TESTIMONY ON THAT CONTENTION On March 30, 1984, LILCO filed its "LILCO Testimony on Contention 11 (Conflict of Interest)." One of the LILCO wit-nesses for that testimony was Andrew Wofford, who contributed to the testimony in response to questions 1, 2, 5, 6, 24, 25, 26, and 30. Mr. Wofford served as a Director of Local Response in the Local Emergency Response Implementing Organization.

On the same day the testimony was sent to Washington, D.C., for filing (March 29), Mr. Wofford took early retirement from LILCO. The Board was apprised of this development by the

~

" Joint LILCO/Suffolk County Motion for Deferral of Motions to Strike Testimony on Contentions 11 and 15," dated April 5, 1984. 1 8405010200 840426 PDR ADOCK 05000322

_G. PDR

IE I. MOTION TO WITHDRAW MR. WOFFORD'S CONTRIBUTIONS LILCO has now designated Mr. Jay R. Kessler to replace Mr. Wofford as a Director of Local Response, and LILCO wishes to substitute Mr. Kessler for Mr. Wofford on the witness panel for Contention 11. In order to do this, first it is necessary to delete Mr. Wofford's contributions to the testimony. LILCO therefore asks permission to withdraw the following portions of the Contention 11 testimony:

The last paragraph in Answer 1 on page 1, beginning with "[Wofford]" and ending with "11801."

The first paragraph on page 3, beginning with "[Wofford]" and ending with "Re-sponse."

Questions and answers 5 cnd 6 on pages 5-7.

The name "Wofford" in Answer 24 on page 19.

The name "Wofford" in Answer 25 on page.

19.

The name "Wofford" in Answer 30 on page 28.

s In aedition, the "All witnesses" portion of Answer 26, on pages 22-24, will no longer have Mr. Wifford as a sponsor, though no change need be made in the text. Finally, the third title in Answer 4 on page 5 should be changed from "Vice President --

Purchasing and Stores" to "Vice President - Gas Operations."

lDP II. MOTION TO SUPPLEMENT TESTIMONY Second, it is necessary to submit new testimony by Mr.

Kessler. Accordingly, LILCO hereby moves to submit the en-closed " Supplemental Testimony of Jay R. Kessler on Behalf of the Long Island Lighting Company on Contention 11 (Conflict of Intereut)" for good cause shown. The " good cause" is simply the retirement of LILCO's witness Mr. Wofford, an event that occurred after the written testimony on Contention 11 had been dispatched to Washington, D.C., for filing, and the subsequent designation of Mr. Kessler to replace Mr. Wofford as a Director of Local Response.

As support ior its showing of " good cause" LILCO submits the following:

1. The supplemental testimony has been promptly sub-mitted. Mr. Wofford's retirement was announced March 29. Suffolk County. learned of his ret tement -

from the press, and LILCO confirmed it for the Count / in response to a County request by letter of April 3. Mr. Kessler's resume was forwarded to the County by Federal Express on April 23 and the sup-plemental testimony filed April 26.

2. Contention 11 is not scheduled to be heard for some time. There are approximately 20 panels still to be heard in Group II-A and, if the joint proposal of the parties-is adopted, 10 panels in Group II-B,

4

,.a plus the FEMA panel, before LILCO's Contention 11 testimo,ny will be heard. ,

3. The changes in the Contention 11 testimony effected ,

by the supplemental Kessler testimony are minor 4

ones. The supplemental testimony is, in fact, less than three pages long, with only one answer (150 words) containing new substantive material.

Accordingly, LILCO submits that there is both good cause for

admitting the supplemental testimony and no prejudice to the other parties.

III. AN ADDITIONAL CHANGE The words "[Cordaro, Weismantle]" were. inadvertently left out of Answer 31 on page 29. This will require a correc-

, tion on the stand.

Respectfully submitted, LONG ISLAND LIGHTING COMPANY BY -" . ?M Hunton & Williams P.O. Box 1535 707' East Main Street Richmond, VA 23219 DATED: April 26, 1984 .

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