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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
[Table view] |
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$b*) ,
RELATED CORRESPONDENCE i
I 5/2/84 !
UNITED STATES OF AMERICA 1 Nfqcf0 NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensin h oMYi-3 g ,.g
. Fr : :; -
)
In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL
)
(Shoreham Nuclear Power Station, )
Unit 1) )
SUFFOLK COUNTY'S MOTION TO EXTEND DISCOVERY SCHEDULE By its Order of April 20, 1984, this Board permitted Suffolk County and New York State "a maximum of ten days' worth of depositions" to conclude on May 11, 1984. The Board also extended from May 1 to'May 22 the filing date for the County's and State's specification of issues and other matters. The expanded discovery period of 21 days granted by the Board was far short of that requested by Suffolk County and New York State or proposed by the NPC Staff.
Facts not available to the Board (and in some cases to the parties) at the time it issued its April 20 Order now make clear that there are substantial grounds to justify a further extension of the discovery schedule.
$$k5 DO O k G
(()55(325
- 1. Suffolk County received on April 17 approximately 35,000 pages 1/ of documents from TDI, which the County had identified ,
as relevant during the March 22-23 visit to TDI.2/ The Board, when it issued its Order, did not know that the TDI documents were so numerous. The County and its consultants have only had time to review a portion of the TDI documents before depositions began today. There will also be an inadequate amount of time for the County to complete its review and analysis of the large number of TDI documents in time for a May 21 filing.3/ The TDI documents 4.nclude many examples of defects and failures of cylinder heads, crankshafts, pistons, cylinder blocks, and other components which preliminary identification show to have an appropriate nexus to the Shoreham diesel problems. Without more time to complete this analysis, the May 22 filing will be incomplete.
1/ The County's estimate is 30,000 pages; TDI's estimate is 40,000.
-2/ Centrary to assertions by LILCO, it was clear to the County, TDI,and all parties that the March visit was only for the purpose of a quick survey of the hundreds of thousands of documents which TDI made available as responsive to the County's February 29 document request, to identify documents to be copied and supplied to the County. Dozens of files were not even looked at, since they were obviously important (i.e., TDI-LILCO correspondence files) and thus needed to be cooled. An actual substantive review of all files would have taken many, many days of work by the five County representatives, and would have delayed even further the process of getting the materials copied.
-3/ As made clear in paragraph 3, virtually all of the County's team of attorneys and consultants will be occupied more than full time during depositions from May 2 through May 11, and will be unavailable to review the TDI documents.
, . i 1
- 2. Based upon the partial review to date, the County is certain that the TDI documents supplied on April 17 did not include all of the documents identified for copying. See Exhibit
- 1. Moreover, LILCO has not yet completed its production of documents. Additional time will be required to review and analyze these documents when received, and/or to pursue discovery through motions to compel production of documents.
i
- 3. The deposition period is inadequate for the County to 1
- take important depositions and discover potentially significant i
l information. The ten days allotted by the Board have forced the i
County to reduce the number of depositions originally noticed or i
contemplated from over 30 to 15 plus two NRC panels. This ,
required the County to forego deposing any LILCO or Stone a
! Webster personnel, and to concentrate on TDI and FAA personnel, j although time will not permit the depositions of all TDI and FAA persons whom the County wants to depose.
]
- a. The schedule for depositions is as follows:
May 2 ---
Bakshi (Ocean Fleets)
May 3 ---
Eley (Ocean Fleets)
! May 3 ---
Swanger (FAA)
{
May 4 ---
Eley i May-4 ---
Rogers (FAA)
May 4 ---
Chen (LILCO consultant)
Hubbard (MHB)-
<
Bridenbaugh (MHB)_
May 7 ---
Barich (TDI)
May.7 ---
Wells (FAA) l May 8- ---
Trussell (TDI)
- May 8 ---
Dobric (TDI)
May 8 Wilson (TDI) j May 8 ---
. Christensen (S.C. consultant)
May 9
~
Christensen '
May 9 ---
Mathews (TDI)
May 9 ---
Harris (FAA)
May 9 Shyne-(FAA)
May.10 ---
Lowry (TDI)
May 10 ---
Schilling (TDI)
Anderson (S.C. consultant) 4 Indicates deposition by LILCO,_ defended by Suffolk' County
Anderson May 11 -- -
Yang (TDI)
May 11 ---
Beshouri (TDI) ,
- Indicates deposition by LILCO, defended by Suffolk Ccunty.
The depositions during the week of May 2 will be on Long Island; those during the week of May 7 will be in California. During
\
this period all of the County's attorneys and consultants on diesel matters will be occupied more than full time preparing for the depositions, taking and assisting in the taking of depositions, having depositions taken of them and defending such depositions, and traveling.4/
l b. On April 27, the Ccunty noticed the depositions F.
Pischinger (LILCO's German diesel consultant) for May 2 and of J.
Wallace (TDI's metallurgist consultant) for May 7-8. The County was informed that neither of these deponents could be located and they could not be deposed by May 11. LILCO rejected the County's request to extend the deposition period voluntarily beyond May 11 to permit these gentlemen to be deposed. LILCO also took the position that the Board's order for 10 days of depositions did not mean 10 days, with possibly several depositions per day, but rather serial depositions over a maximum 10 day period; hence, LILCO argues that the County has already exceeded its allotted depositions. Suffolk County believes LILCO's interpretation is incorrect, but in any case, efficiency and fairness will n'ot be served by precluding the depositions of Messrs. Pischinger, 4/
- Suffolk County continues to hold the position that, in view of the thousands of relevant documents which could not be reviewed in time or have not yet been produced, these depositions are premature and adequate preparation for the depositions has not been possible.
_________-___n
-S-i l
1 Wallace, and the other LILCO deponents previously noticed by the l
! County who cannot be deposed in the allowed time.
I ,
- c. Despite repeated requests by the County, TDI !
continues to refuse to identify its key personnel and their positions, including personnel responsible for diesel design.
] See Exhibit 2. This inexplicable refusal may' preclude the County from deposing the most knowledgeable TDI personnel unless q additional deposition time is granted.
j d. The Staff did not respond to the County's March 1 request for identification of Staff personnel and consultants involved in diesel matters, until April 30. _This identification followed the County's April 27 deposition notice to'the Staff.
See Exhibit 3. The Staff has agreed to make some of the i requested personnel and consultants available for depositions in
~
two panels, as requested, but refused to do so until after May
- 11. Unless the discovery period is further extended, the County.
will be unable to take these important depositions. Even if the parties were to agree to' permit these depositions after May ll, 1
the County cannot simultaneously depose these individuals i
meaningfully, attempt to complete document ~ reviews and analyses, and prepare the May 22 filing, all in the space of 10 days (6-business days).
For all o,f the foregoing reasons, Suffolk County hereby 1
moves that this Board extend the discovery-schedule as follows:
i May 23 (8 additional business days -- depositions-end for depositions) i
. _ _ _ . _ _ _ _ _ _ _ _ _ _ _ . _ . _ . _ _ - _ . _ _ . _ _ _ . _ _ . . _ . _ _ _ _.._____._.______._.__._____.___.__._____._._.______.--___.___________..._._____._m . _ _ _ _ _ . __ _ _ _ _ _ .
. . . June 11 (9 more_ days than originally -- filing of specifications contemplated to analyze and absorb many documents and depositions)
June 21 -- LILCO and Staff answers This modest 30 day extension is appopriate under the circumstances of this complex case, is reasonable, and will not prejudice any of the parties.
Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 m --
Herbert H. Kownsf Lawrence CM Lanpher Alan Roy Dynner Douglas J. Scheidt KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS-1900 M Street, N.W.
Suite'800 Washington, D.C. 20036 Attorneys for suffolk County May 2, 1984 i
9
a .
EXHIBIT 1 l
i KmrDATRICK. LOCKHART, HILL, CnRrsTOPHER & PurLLIPs A Paarrummassar Inctuaano A Peormaanon4L CossamArnos 1900 M STREET, N. W.
WAsmucrrow, D. C. eoose TELEPIEDNE (SoG) 488 *TO.O IN FITTSBL*BOE CARLE:SKIPNI EIMFATBBCE,latXmasT,donneos & EUTCRISO3 m =x m .o. 1,= Un s. iso oin== nori or.
WatIER's IniEECT DIAL NUMass PETEBecaeM,PBWNSTLVANIA 3S898 (202)452-6774 May 2, 1984 BY FEDERAL EXPRESS David Ross, Esq.
'c/o Transamerica Delaval, Inc.
Engine and Compressor Division 550 - 85th Avenue Oakland, California 94621 Re: EDG Discovery
Dear David:
First, this will confirm certain aspects of our recent telephone conversations concerning TDI's production of docu-ments pursuant to Suffolk County's discovery requests. On April 28, I notified you that a number of the documents
, identified and requested by the County during its inspection of TDI files in Oakland had not been produced by TDI. These documents include the following:
- 1. TDI service department correspondence files for November 1983 - January 1984, and July - August 1983
- 2. TDI failure analyses nos. 100, 118, 127, 142, 148, i
150, 151, and 159
- 3. TDI interoffice correspondence files (by subject matter) nos. 330 (Fly Wheel), 331 '(Guard) , 445, 450 (Fuel Boost, Pump Headers), 620 (Fuel Day Tank), 621 (Fuel) and 700 (Stand Pipe)
- 4. DE file 8T t
- 5. DE calculations 5-2, 8-2 and 3-2 You subsequently informed me that you had made copies of
, these documents and would send them to me promptly. As I also informed you, the County's review of the documents produced by TDI for additional missing documents was continuing.
e .
KrRKPATRICE, IACEMAnT. Hit.L, CunttroPHnN O PHILLIPS David Ross, Esq.
May 2, 1984 f i Page Two !
i Second, I mentioned to you that the County considered critical its request for visicorder continuous plots of cylinder pressure against time / crank angle (showing four pressure waves) at 75%, 100% and 110% loads for the TDI R-48 diesel engines. The County also considers critical its 1
previous requests for documents showing temperature distribu-tion through cylinder heads, the piston crown and upper parts of the cylinder liner. Your April 27 letter in response to these requests merely states that the items are open. No indication is stated as to why TDI has not complied with these requests. Further unexplained delay will insure
'a motion to compel by the County.
Third, the suggestion in your April 27 letter that TDI's delay in producing documents was " slight" is off base.
Although you correctly state that the County received copies of several hundred pages of documents while at TDI, over three weeks passed before the County received copies of any of the other "approximately forty thousand pages of documents" it had requested from TDI. Thus, TDI has had far more time to review documents with which it already was familiar than the County's experts will have had to review the same docu-i ments prior to the beginning of the deposition period.
Very truly yours, Md &
Doug s J. Scheidt DJS/ss cc: Robert E. Smith, Esq.
Odes L. Stroupe, Jr., Esq. (by hand)
Richard J. Goddard, Esq.
Fabian G. Palomino, Esq.
e 1
i
, 4 EIGIBIT 2 EIRKPATRICK, WWART, HrLL, CHRISTOPHER 8e PHILLIPS A PAmrwomousy twcLeonwO A PearsonsONAL CoeFORATION 1900 M Srnmar, N. W. ,
WAmminarox, D. C. 20006 TELTEMONE (908) 488-F000 IN FITTeaUnes CABLE: MIPMI EIEES&tEMI.*"a*t.dospens & BUTERIGON TELEX 440ece BIFK UI $300 OREVER 3C133ENO WRITER S DIERCT IEAL NUMBER FIT 193USSEL FBWWWYLVANIA ISGGS (202)452-6774 April 30, 1984 BY FEDERAL EXPRESS Robert E. Smith, Esq.
David Ross, Esq.
Guggenheimer & Untermyer 80 Pine Street New York, New York 10005 Re: EDG Discovery Gentlemen:
As you are well aware, on March 1 Suffolk County
- formally requested that it be provided with the names of "each individual in TDI with principal day-to-day responsibility for diesel engine design, for the design of crankshafts, for the design of pistons, and for the design of each other component of the Shoreham EDGs which has experienced failures, cracking, or linear indications, . . . [and]
each individual in TDI with principal day-to-day responsibility for the manufacture of components in the TDI R-48 diesel engine, as to casting, machine shop, and other significant manufacturing process."
This information was of critical importance to the County to enable it to determine which TDI employees it should depose. Two months have passed and neither LILCO nor TDI has responded to the Ccunty's request. On April 24 I telephoned David Ross to remind him of this obligation and Mr. Ross agreed to provide the requested information promptly.
Mr. Ross, however, refused to return my repeated telephone calls to him the remainder of the week and when I finally a contacted him on Friday, April 27, he could not provide me with any information in response to the County's request.
l l
4:
EtanPATRICat, tOCKuART, Hts.z.. Cumsstorumm & Punt.t.rre Robert E. Smith, Esq.
! David Ross, Esq. ,
- April 30, 1984 ,
Page Two 1'
On Saturday, April 28 I again telephoned Mr. Ross who only j provided me with the name of the TDI employee with principal
- 4 responsibility for the TDI machine shop.
t i Thus, the County has noticed various TDI employees for i depositions based on the limited information available to it. '
j The County objects strongly to the lack of cooperation
' exhibited by LILCO and TDI and reserves the right to seek appropriate relief from the Board.
1 Very truly yours, l
j / -
' . . .t. t '. t ' ,. i i .
Douglas J. Scheidt. [
I l DJS/ss 1 cc: Odes Stroupe, Jr., Esq.
l Anthony F. Earley, Jr., Esq.
Richard J. Goddard, Esq.
3
~
Robert E. Smith, Esq., David Ross, Esq.
(c/o TDI, Oakland, California by Federal Express) i i
i l
1 3
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1
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EXHIBIT 3 )
R1MPATRIcx, LOCKHART, HrLL, CHRISTOPHER & PnILLrrs A Paarwansary twcs.uonne A Peoysesionat Conson.4 nom 1900 M Sramar, N. W.
havuwoTox, D. C. 2o000 TELEFnONE (SOS) 458*7000 IN FITT93 URGE CARLE NIF3t1 EIREFATEME WWEAnt.dOENG05 & ETTcEISON xmi.Ex 4.o.o. ntFn ex moo arma ecuar==
w n m a m u cT m in. ,ux l rm..c===. rs==en.winia ====
(202)452-6774 April 27, 1984 '**)*"'"**
Mr. William J. Dircks (BY TELECOPIER)
Executive Director for Operations U.S. Nuclear Regulatory Commission' Washington, D.C. 20555 Re: In the Matter of Long Island Lighting Company (Shoreham Nuclear Power Station, Unit 1) Docket No. 50-322-1 (OL)
Dear Mr. Dircks:
l l As Alan Dynner, counsel for Suffolk County, informed Richard Goddard this morning, the County will take the depositions of the Staff's consultants from Battelle/P.acific Northwest Laboratory. We have specifically noticed the depositions of Messrs. Laity and Louzecky but understand that two other persons, B. Saffell and A. Henricksen, may also be employed as consultants by the Staff. We intend to depose all four of these individuals as a panel on May 2 in San Jose, California, on their review of the TDI Owners Group DRQR.
We also will take the deposition of (i) the NRC Staff person (s)
(W. E. Foster, others) responsible for and with direct personal knowledge of the evaluation of the NRC vendor inspec-tion activity and findings with respect to TDI, and (ii) the NRC Staff person (C. Berlinger) redponsible for the Staff's review of the' TDI Owners Group DROR. We will continue to discuss with the Staff the times and locations of all of these depositions.
Very truly yours, Douglas J. Scheidt DJS/ss cc: Odes Stroupe, Jr., Esq.
Anthony F. Earley, Jr. Esq.
Fabian G. Palomino, Esq. '
Robert E. Smith, Esq.
Richard J. Goddard, Esq.
h 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-OL
)
(Shoreham Nuclear Power Station, )
Unit 1) )
CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY'S MOTION TO EXTEND DISCOVERY SCHEDULE, dated May 2, 1984, have been served on the -
following this 2nd day of May 1984 by U.S. mail, first class, except as otherwise indicated.
Lawrence J. Brenner, Esq.* Ralph Shapiro, Esq.
Administrative Judge Cammer and Shapiro Atomic Safety & Licensing Board 9 East 40th Street U.S. Nuclear Regulatory Commission New York, New York 10016 Washington, D.C. 20555 Dr. George A. Ferguson* Mr. Stuart Diamond Administrative Judge Business / Financial Atomic Safety and Licensing Board NEW YORK TIMES School of Engineering New York, New York 10036 Howard University 2300 6th Street, N.W. # W. Taylor Reveley, III, Esq.
Washington, D.C. 20059 Hunton & Williams P.O. Box 1535 707 East Main Street Dr. Peter A. Morris
- Richmond, Virginia 23212 Administrative Judge Atomic Safety and Licensing Mr. Jay Dunkleberger Board New York State Energy Office U.S. Nuclear Regulatory Commission Agency Building 2 Washington, D.C. 20555 Empire State Plaza Albany, New York 12223 Edward M. Barrett, Esq.
, General Counsel James B. Dougherty, Esq.
Long Island Lighting Company 3045 Porter Street, N.W.
250 Old Country Road Washington, D.C. 20008
7 a
Robert E. Smith, Esq. Stephen B. Latham, Esq.
Guggenheimer & Untermyer Twomey, Latham a Shea 80 Pine Street P.O. Box 398 New York, New York 10005 33 West Second Street Riverhead, New York 11901 Mr. Brian R. McCaffrey .
Long Island Lighting Company Mr. Marc W. Goldsmith Shoreham Nuclear Power Station Ener.gy Research Group, Inc.
P.O. Box 618 400-1 Totten Pond Road North Country Road Waltham, Massachusetts 02154 Wading River, New York 11792 Joel Blau, Esq. MHB Technical Associates-New York Public Service Commission 1723 Hamilton Avenue The Governor Nelson A. Rockefeller Suite K Building San Jose, California 95125 Empire State Plaza Albany, New York 12223 Hon. Peter F. Cohalan Suffolk County Executive Martin Bradley Ashare, Esq. H. Lee Dennison Building suffolk County Attorney Veterans Memorial Highway H. Lee Dennison Building Hauppauge, New York 11788 Veterans Memorial Highway Hauppauge, New York 11788 Fabian Palomino, Esq.ff Special Counsel to the Atomic Safety and Licensing Board Governor Panel Executive Chamber U.S. Nuclear Regulatory Commission Room 229 Washington, D.C. 20555 State Capitol Albany, New York 12224 Docketing and Service Section Office of the Secretary Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Appeal Board 1717 H Street, N.W. U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C.- .20555 Bernard M. Bordenick, Esq.#
Edwin J. Reis, Esq. Jonathan D. Feinberg, Esq.
Richard J. Goddard,-Esq. Staff Counsel-Office of Exec. Legal Director New York State Public U.S. Nuclear Regulatory Commission Service Commission Washington, D.C.
20555 3 Rockefeller Plaza
' Albany, New York 12223
Stewart M. Glass, Esq.
Regional Counsel Federal Emergency Management Agency 26 Federal Plaza New York, New York 10278 W
Alan Roy D ner/
KIRKPATRI , LOCKHART, HILL, CHRISTO HER & PHILLIPS 1900 M Street, N.W.,
Suite 800 Washington, D.C. 20036 DATE: May 2, 1984
- - By Federal Express By Hand Delivery
- By Telecopier
.