ML20084J610
| ML20084J610 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/08/1984 |
| From: | Lanpher L KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| OL-3, NUDOCS 8405090159 | |
| Download: ML20084J610 (7) | |
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EFlhTED CORRLSPQngq UNITED STATES OF AMERICA 00(Mm NUCLEAR REGULA"ORY COMMISSION In t, 't-Defore the Atomic Safety and Licensing Bqwd HAY -9 A10:33 w
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%,. 4 V In the, Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-3
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(Emergency Planning)
(Shoreham Nuclear Power Station,
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Unit 1)
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)
SUFFOLK COUNTY MOTION TO COMPEL
, RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS DY FEMA For the reasons set forth below, Suffolk County, pursuant to 10 CFR Section 2.740(f), hereby requests that the Board order FEMA to respond to the Suffolk County Request for Produc-tion of Documents by PEMA, dated April 20, 1984.
On Friday, April 20, Suffolk County filed a Request for Production of Documents by FEMA.
Counsel for FEMA was served with this document on Monday, April 23.1./
During the hearing -
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The document was delivered to FEMA Counsel's New York
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orfice by Federal Exproos on Monday, April 23.
The County also hand delivered a second copy to FEMA Counsel in Washington, D.C. on Wednesday, April 25.
8405090159 840500 PDR ADOCK 05000322 0
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A on Thursday, April 26, the County made clear its need for a response to its document request prior to its conducting depo-sitions of FEMA's witnesses, then scheduled for May 8 and 9, t
and FEMA counsel stated that the response would be provided to r
the County by May 1 or 2.
During numerous conversations with counsel, FEMA counsel has made clear that he does not intend to l
i produce several documents that are responsive to the County's i
document requestr nonetheless, neither a response to that re-quest nor a motion,fgr a protective order has yet been filed by l
FEMA.
In addition, the County has also made clear that it t
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needs the documents requested, or at least a Board ruling up-l holding FEMA's decision to withhold-those documents, in order f
to be able adequately and effectively to conduct depositions of FEMA witnesses.
Without having received either a response to I
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its document request that identifies the documents being 1
i withheld and the basis for such non-production, or a motion for 1
a protective order that could be opposed and a Board ruling ob-tained, the Cou'nty cannot seek production of any specific documents, and, indeed, also cannot proceed with properly focused depositions of the FEMA witnesses.2/
Under prior Board 1
2/
As FEMA counsel has mentioned, Suffolk County did file
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i with FEMA a Freedom of Information Act request, and some
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documents were produced in response to that request on (Footnote cont'd next page) l 4'
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'W rulings,in this_ case, dhe County is entitled to conduct such discovery prior to having to ciross. examine the FEMA witnesses i
during the hearings.
As the Board was made aware on Friday, May 4, 1984, the May 8 and 9 depositions have-been cancelled'because of FEMA's failure,to respond to the County's document request.
Suffolk County is attempting to reschedule them during the two week break in the hearing (on May 22 and 23) so that the; cross exam-ination of FEMA witndsses can proceed as planned when the' hear-ing reconvenes on May 29, 1984.. However, in order to take the depositions at that time, it' will be necessary. to receive the FEMA response and obtain.whatever Board rulings may be neces-sary prior to that time.
Accordingly, the County requests that FEMA be ordered to respond to the County's document request, and file its motion-for a protective order to cover the documents it does not intend to produce by May 10, 1984.
(Footnote cont'd from previous page)
May 1.
A seven page list of documents not produced was also provided on that date.
While the County-has stated it does not seek to receive two copies of documents that may be responsive to both its FOIA request and its Request for Production of Documentr, it is well established that it nonetheless is entitled to-receive a response to its Request for Production of Documents, separate and apart from a response to its~FOIA request.
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,,. 4 Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppa,uge, New York 11788 Y-6.
r, Herbert H.
BroQn Lawrence Coe Lanpher-Karla J.
Letsche KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M~ Street',
N.W.
Washington,- D.C.
20036 Attorneys for Suffolk County Dated:
May 8, 1984 d
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00CXEED UDIRC Before the Atomic Safety and Licensing Bo_ard IM MNf -9 A10:33 GTFILi 3F Witt in+-
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000Xf.7inG & SEF7~
In the Matter of
)
BRANCH
)
LONG IdlAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emsrgency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY MOTION TO COMPEL RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS BY FEMA dated May 8, 1984, have been served to the following this 8th day of May 1984 by U.S. mail, first class, except as otherwise noted.
James A. Laurenson, Chairman Ralph Shapiro, Esq.
Atomic Safety and Licensing Board Cammer and Shapiro U.S.
Nuclear Regulatory Commission 9 East 40th Street Washington, D.C.
20555 New York, New York 10016 Dr. Jerry R. Kline James.B. Dougherty, Esq.
Administrative Judge 3045 Porter Street, N.W.
Atomic Safety and Licensing Board Washington, D.C.
20008 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 W.
Taylor Reveley, III, Esq.*
Hunton & Williams P.O.-Box 1535 707 East Main Street Mr. Frederick J.
Shon Richmond, Virginia 23212 Administrative Judge Atomic Safety and Licensing Board Mr. Jay,Dunkleberger-U.S.. Nuclear Regulatory Commission New York State Energy Office Washington, D.C.
20555 Agency Building 2-Empire State Plaza Albany, New York
~12223 Edward M.
Barrett, Esq.
General Counsel Long Island Lighting Company 250 Old Country Road Mineola, New York 11501
i bk.. Brian McCaffrey Stephen B.
Latham, Esq.
.Long-Island Lighting-Company Twomey, Latham a Shea Shoreham Nuclear Power Station P.O.
Box 398 P.O.
Box 618 33: West Second Street North Country Road Riverhead, New York 11901 Wading River, New York.11792 Ms. Nora Bredes Marc W. Goldsmith Executive Coordinator Energy Research Group, Inc.-
Shoreham Opponents' Coalition 400-1 Totten Pond Road 195 East Main Street Walthamj Massachusetts 02154 Smithtown,.New York 11787 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 Atomic Safety and Licensing Board
. Atomic Safety and Licensing Panel Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory-Washington, D.C.
20555 Commission Washington, D.C.
20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Jonathan D.
Feinberg, Esq.
1717 H Street, N.W.
Staff Counsel ~
Washington, D.C.
-20555 New York State Public Service Commission Bernard M.
Bordenick, Esq.
3 Rockefeller Plaza' David A.
Repka, Esq.
. Albany, New York 12223-Edwin J. Reis, Esq.
U.S. Nucle'ar Regulatory. Commission Washington, D.C.
20555 O
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- .... w. Spence Perry, Esq.
Stuart Diamond Associate General Counsel Business / Financial Federal Emergency Management New York Times
. Agency 229 W.
43rd Street Washington, D.C.
20472 New York, New York 10036 Stewart M.
Glass, Esq.**
Eleanor L._Frucci, Esq.
Regional Counsel Atomic Safety and Licensing Federal Emergency Management Board Panel
-Agency U.S.
Nuclear Regulatory
- 26. Federal Plaza, Room 1349 Commission New York, New York 10278 Washington, D.C.
20555 Fabian Palomino, Esq.
Special Counsel to the Governor-Executive Chamber,' Room 229 State Capitol Albany, New York 12224
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John f. Birkenheier '
KIRKPATRICK, LOCKHART, HILL,
' CHRISTOPHER &'PHILLIPS 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 Dated:
May 8, 1984 By Federal Express By Telecopier 4
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