ML20087G407

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Informs of Joint Agreement W/Suffolk County to Defer Filing Date for Testimony on Contention 15 Which Will Result in Deferral of Testimony on Contention 11.Deferred Schedule Proposed.Related Correspondence
ML20087G407
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 03/15/1984
From: Lanpher L
KIRKPATRICK & LOCKHART, LONG ISLAND LIGHTING CO.
To: Kline J, Laurenson J, Shon F
Atomic Safety and Licensing Board Panel
References
OL-3, NUDOCS 8403200004
Download: ML20087G407 (2)


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James A. Laurenson, Chairman Dr. Jerry R. Kline -

Mr. Frederick J. Shon Administrative Judges Atomic Safety and Licensing Board U.S. Nuclecr Regulatory Commission Washington, D.C. 20555 Re: Long Island Lighting Company; Shoreham Nuclear Power Station, Unit 1; Docket No. 50-322-OL-3 Gentlemen:

This letter is to inform you that the County and LILCO have encountered an unanticipated difficulty in completing the deposi-tions on one contention prior to the filing date for all Group II-B testimony. Specifically, due to the need to obtain release of certain proprietary data, the County believes it cannot take a meaningful deposition of Mr. Barnett, a LILCO witness on Conten-tion 15, until March 22 or 23. .

After detailed discussions with LILCO counsel during which various options were considered, LILCO and the County agree that the appropriate means to handle the situation is to defer briefly the date for filing of testimony on Contention 15. This will permit discovery to precede the filing of testimony, something which LILCO and the County believe is clearly to be preferred.

This deferral of testimony on Contention 15 will result in a deferral of the testimony on Contention 11 as well, since the County, and perhaps other parties (though not LILCO), is address-ing Contentions 11 and 15 in a single piece of testimony. The proposed schedule is as follows:

8403200004 840315 PDR ADOCK 05000322 C PDR

ExxxPATRICE, Lot nam, Hrrs, CuaraTorumm & Puru.rrs James A. Laurenson, Chairman Dr. Jerry R. Kline Mr. Frederick J. Shon March 15, 1984 Page Two

1. Complete the deposition of Mr. Barnett by March 22 or 23; and 2.. File all testimony on Contentions 11 and 15 on March 30.

Subsequent dates for motions to strike and responses will be at

.the same intervals (one week) established by previous Board orders. This should result in these issues being ready for trial with the other Group II-B issues by mid-April. LILCO and the County do not anticipate that this deferral on these specific issues will result in any delay in the hearing process, since there will be substantial testimony available for trial on remaining Group.I issues, on Group II-A issues, and on all the other Group II-B issues for which testimony will be filed on March 20.

LILCO counsel has reviewed this letter and Counsel for -

Suffolk County is author ~ized to state Eh'at LILCO joins in this

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request. Neither the NRC Staff nor the State of New York objects to this request.

Sincerely yours, -

Lawrence Coe Lanpher -

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