ML20086T222
| ML20086T222 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/02/1984 |
| From: | Lanpher L KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | Kline J, Laurenson J, Shon F Atomic Safety and Licensing Board Panel |
| References | |
| OL-3, NUDOCS 8403060208 | |
| Download: ML20086T222 (2) | |
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March 2, 1984
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James A. Laurenson, Chairman i
Dr. Jerry R. Kline Mr. Frederick J. Shon 8
Administrative Judges l
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission I
4350 East-West Highway, 4th Floor
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Bethesda, Maryland 20814 Re:
Long Island Lighting Company, Shoreham Nuclear Power Station, Unit 1: Docket No. 50-322-OL-3
Dear Administrative Judges:
It has come to the attention of Suffolk County counsel that yesterday, March 1, 1984, the Licensing Board conducted a confer-i ence call involving counsel for LILCO and the State of New York.
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This call apparently was for the purpose of discussing / ruling on a discovery dispute concerning LILCO's request for production of certain State documents.
The County was not even informed of this call by the Board, much less invited to be included in the call.
The County strenuously objects to this Board's conduct.
It is entirely inappropriate under the NRC's regulations (10 C.F.R. s 2.780) and NRC procedents (Pacific Gas & Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 and 2), ALAB-334, 3 NRC 809, 815 (1976) for this Board to conduct a conference call which ircludes some parties and excludes others.
Such a call which excludes one party would be permissible only "in the case of the i
most dire necessity."
Id. at 815 (emphasis supplied).
There certainly was no such dire necessity in the instant case.
The Appeal Board in Diablo went on to state:
[W]e believe that considerations of j
simple fairness make it the duty of any party who becomes aware-that another is not represented at a conference call to bring that fact to the presiding offi-4' cer's attention.
And it is the obli-8403060208 840302 PDR ADOCK 05000322 j
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l vames A. Laurenson, Chairman Dr. Jerry R. Kline Mr. Frederick J. Shon i
March 2, 1984 Page 2 gation of the board and the staff (as a representative of the public interest) to make appropriate inquiry at such a call to ascertain that all the parties are in fact on the line or have waived repre-sentation.
Id. (emphasis supplied).
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This directive of the Appeal Board was clearly not carried out in this case.
Counsel for the County were available all day on' March 1.
They waiv'ed nothing.
And given the County's extreme-I ly active participation in this case and given the fact ths.t the
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County had previously taken a position on this particular dis-covery matter (see Suffolk County Response to LILCO's Motion to Compel Expedite 3 Production of Documents by New York State, February 13, 1984), the Board certainly knew or should have known that the County would not have waived participation in the call.
The County understands that the Board intends to issue a written order memorializing its ex parte oral rulings issued
'l yesterday.
That does not cure tee-problem.. We have noted in the f
past that during conference. calls, NRC Boards, including this one, have often made statements of pertinence to the parties that are
!j not later memorialized in written orders.
Since no t'anscript r
apparently was made of yesterday's call, the County can only now speculate regarding the precise matters which actually were a
ll discussed.
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Yesterday's events lead the County to request as follows:
(1)
On all conference calls, please be informed that the County will participate.
(2)
Conference calls should be used only vnen absolutely necessary.
When the Board deems this to be the case, a transcript should be made to ensure that an accurate record is maintained.
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Sincerely yours, i
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Lawrence Coe Lanpher i
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