ML20084S354

Notification to ASLB Re Potential Scheduling Problems of FEMA Witnesses.Extent of Changes to Schedule Depends on Aslab Ruling & Delay in Receipt of FEMA Documents. Certificate of Svc Encl

ML20084S354
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	05/22/1984
From:	Letsche K KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:
References
OL-3, NUDOCS 8405240395
Download: ML20084S354 (8)

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UNITED STATES OF AMERICA DOCg ,

NUCLEAR REGULATORY COMMISSION US//

Before the Atomic Safety and Licensing Bo d 24 Afg ,.yg QFy 4,

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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'S NC?IFICATION TO THE BOARD RECARDING POTENTIAL SCHEDULING PROBLEMS On May 18, 1984, this Board issued a Memorandum And Order ,'

Ruling On Suffolk County Motion To Compel Production Of Documents

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By FEMA which granted, in large part, the County's May 17 Motion ,

to Compel. Also on May 18, this Board granted FEMA's request for a temporary stay until 5:00 p.m. May 21. At approximately 4:00 p.m. on May 21, the Appeal Board entered, ex parte, an emergency stay of this Board's May 18 Order. The question whether the -

emergency stay should be continued pending full consideration and '.

disposition of FEMA's. appeal from the May 18 Order will be argued-before the' Appeal Board at 11:00 a.m. on Wednesday, May 23.

These recent events have had, and may continue to have, an >

impact on the scheduling of depositions;for FEMA's witnesses, ,

which-in turn could impact the present hearing schedule. Suff.olk 3 County wishes to bring these potential' problems to the attention

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of the Board.

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. , The County and FEMA had previously agreed that FEMA's wit-nesses would be deposed on Wednesday and Thursday, May 23 and 24, r,

[ 1984. With oral argument now scheduled for Wednesday, May 23 9 before the Appeal Board, the depositions scheduled for that date m*pst be canceled. Furthermore, it appears unlikely that deposi-j dions could take place on Thursday, May 24. Even if the Appeal Board were to affirm the Board's May 18 order on Wednesday, the documents at issue would have to be produced by FEMA and reviewed

by the County prior to depositions. If the documents were actually provided on Wednesday, the depositions could begin on Friday and continue next week. The only circumstances under which the depositions could take place on Thursday, as scheduled, would be if on Wednesday the Appeal Board reversed this Board and

,- ruled completely in FEMA's f avor. We have contacted counsel for i

'FI3m regarding the need tc reschedule the FEMA' depositions. A copy of that letter is attached hereto.

i' The~previously scheduled cr,oss-examination of the FEMA wit-

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nesses beginning on May 29 may also need to be changed, depending upon when their depositions are re-scheduled. A change in next l

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week'sheapingschedulecouldhaveasubstantial" i

ripple"effect

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j dn.other hcheduling considerations.- Obviously, the extent of any

, required.chandesinthetrialscheduledependsuponthe. Appeal ri Ti V l -- r Board's rul.ing on Wednesday ~and the extent of any further' delay-g ,. s lu

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y 4-in _ the - County's receipt of the FEMA documents. The County will keep the Board informed on this matter.

Respectfully submitted, Martin Bradley.Ashare Suffolk County Attorney H. Lee Dennison Building Veterans Memorial Highway Hauppauge, New York 11788 Ws __/

/ lt Lawrence Coe Lanpher Karla J. Letsfc e Christopher M. McMurray KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, NW.

Washington, DC 20036 Attorneys for Suffolk County Dated: May 22, 1984 9

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l' KIRKPATRICK, LOCKHART, HILL, CHRISTOPIIER & PIIILLIPS A FANTNENSHIP INCLUDING A PROFESSIONAL CORPORATION 1900 M STREET, N. W.

MSHINGTON, D. C. 20o36 1428 BRICKELL AYENUE TELEPHONE:(202) 452-7000 1500 OLIVER BLMING MIAMI, P1DRIDA 33131 PITTSBURGil, PENNSYLVANIA 15222 (305) 374-811W (412) 355-6500 WRITERis DIRECT DIAL NLHBER (202) 452-7064 May 22, 1984 BY TELECOPIER Stewart M. Glass, Esquire Regional Counsel Federal Emergency Management Agency 26 Federal Plaza, Room 1349 New York, New York 10278 l

Dear Stewart:

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In light of the oral argument scheduled before the Appeal Board in Bethesda tomorrow (May 23), we clearly cannot go forward with the depositions of FEMA witnesses which had-been scheduled-for tomorrow. I know that"neither you nor I can be in two pl.a'ces at once. It also appears doubtful that we could go forwe.rd with depositions on Thursday (May 24) unless the Appeal Board rules definitively on Wednesday on the substance of your appeal and completely reverses the ASLB's order.

If, however, the Appeal Board either grants an additional stay or does not rule on the appeal'on Wednesday, the depositions would have to be postponed. pending its ultimate ruling. Even if on Wednesday the Appeal Board were to affirm the ASLB's Order, we would be unable to take depositions on Thursday, since we-would need time to review the FEMA documents beforehand. If we

received the FEMA documents on Wednesday, however, we could begin the depositions-on Friday, and continue them on Tuesday.

I suggest you attempt to arrange schedules for that possibility.

It also seems clear that the pending Appeal Board proceed-ings may have an' impact on the hearing schedule for next week.

I hase informed the Laurenson Board of that possibility._ See l

att hed Notification.

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, 1 J l KraxPArancx, I.acanAmt, HILL, CHRISTOPHER & PHILLTPS Stewart M. Glass, Esq.

May.22, 1984 Page Two obviously, we will have to re-schedule the depositions depending upon and following the actions of the Appeal Board on Wednesday. I wanted to be sure you knew, however, that we cannot go forward on Wednesday so you can inform your witnesses accordingly.

Sincerel Karla J. Letsche KJL:so Attachment cc: Richard Zahnleuter,'Esq.

Donald P. Irwin, Esq.

Bernard M. Bordenick, Esq.

Stephen B. Latham, Esq.

Ralph Shapiro, Esq.

James B. Dougherty, Esq.

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UNt1ED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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, ~

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Unit 1) )

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CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY'S NOTIFICATION TO THE BOARD REGARDING POTENTIAL SCHEDULING PROBLEMS dated May 22, 1984, have been served to the following this 22nd 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 & Willi,ams i P.O. Box 1535 l

' 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.

j Empire State Plaza ,

i Albany, New York- 12223 Edward M. Barrett,-Esq.

Gensral Counsel

-Long Island Lighting Company 250 Old Country Road Mineola, New York 11501 Mt

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Mr. 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'll792 Ms. Nora Bredes

. Marc W. Goldsmith ~ Executive Coordinator Energy Research Group, Inc. Shoreham Opponents' Coalition 400-1 Totten Pond Road -

195 East Main Street Waltham, 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 Hauppaure, 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 l'

Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Jonathan D. Feinberg, Esq.

! 1717 H-Street, N.W. Staff Counsel l Washington, D.C. 20555 New York' State Public Service Comni-ssion Bernard M. Bordenick, Esq.

• 3-Rockefeller Plaza David A. Repka, Esq. Albany, New-York 12223 Edwin J. Reis, .Esq.

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 4

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-3 1 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 10036 New York, New York 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 Exec,utive Chamber, Room 229 State Capitol Albany, New York 12224

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. ) ci Karla/J. LetscpY KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 Dated: May 22, 1984

• By Hand

1. By Telecopier .

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