ML20087G489

Answer Opposing Suffolk County Motion to Strike Testimony of Jr Sears.Motion Has No Basis in NRC Regulations or Case Law. Certificate of Svc Encl

ML20087G489
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/16/1984
From:	Christman J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20087G471	List: ML20087G468 ML20087G489
References
OL-3, NUDOCS 8403200037
Download: ML20087G489 (5)

Text

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LILCO, EgitchTE16, 1984 UWC

'84 mR 19 N0n47 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSI_ON. SEuita.

00CnEimG a SEFW '

ERANCH Before tne Atomic Safety and Licensing Board In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

) (Emergency Planning (Shoreham Nuclear Power Station, ) Proceeding)

Unit 1) )

LILCO'S ANSWER TO SUFFOLK .

COUNTY MOTION TO STRIKE TESTIMONY OF JOHN R. SEARS Suffolk County has moved to strike the entire Testimony of John R. Sears on Behalf of the NRC Staff Regarding Emergency Preparedness Contentions 26.A, 26.C, and 26.D. The County's motion is based on Mr. Sears' statement that his testimony con-sists of his " personal professional opinions." The County's theory, which it puts forth without citing any authority, is that "[t]he Staff is a party to licensing proceedings for one purpose: to provide licensing boards with the views of the NRC Staff as to matters at issue" (Motion at 2). Apparently, in the County's view, an NRC Staff witness must represent an offi-cial, final position of the Staff, or.he may not testify.

l It appears to LILCO, on the other hand, that the purpose of expert testimony is to help the Board decide issues of fact, and that if a witness is qualified, then his professional 8403200037 840316 PDR ADOCM 05000322 9 PDR

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opinior. may help resolve issues of fact regardless of whether I he represents some sort of " official" position of one party or another.

LILCO believes there is no basis in NRC regulations or case law for the County's motion to strike Mr. Sears' testimony and the County cites none. Accordingly, LILCO opposes the County's motion.

Respectfully submitted, LONG ISLAND LIGHTING COMPANY Ab Jadesp.Christma6 4

Hunton & Williams Post Office Box 1535 707 East Main Street Richmond, Virginia 23219 DATED: March 16, 1984

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O rILCO, March 16, 1984 CERTIFICATE OF SERVICE l

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In the Matter of

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LONG ISLAND LIGHTING COMPANY <

(Shoreham Nuclear Power Station, Unit 1)  !

(Emergency Planning Proceeding) Docket No. 50-322-OL-3 )

I hereby certify that copies of LILCO'S RESPONSE TO SUFFOLK COUNTY AND NEW YORK STATE MOTIONS TO STRIKE PORTIONS OF LILCO'S GROUP II-A TESTIMONY and LILCO'S ANSWER TO SUFFOLK COUNTY MOTION TO STRIKE TESTIMONY OF JOHN R. SEARS were served this date upon the following by first-class mail, postage pre-

! paid, or by hand (as indicated by one asterisk), or by Federal Express (as indicated by two asterisks).

James A. Laurenson,* Secretary of the Commission Chairman U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing East-West Tower, Rm. 402A Appcal Poard Panel 4350 East-West Hwy. U.S. Nuclcar Regulatory Bethesda, MD 20814 Commission Washington, D.C. 20555 Dr. Jerry R. Kline*

Atomic Gafety and Licer. sing Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory j Commission Commission East-West Tower, Rm. 427 Washington, D.C. 20555 4350 East-West Hwy.

Bethesda, MD 20814 Bernard M. Bordenick, Esq.*

David A. Repka, Esq.

Mr. Frederick J. Shon* Edwin J. Reis, Esq.

Atomic Safety and Licensing U. S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory 7735 Old Georgetown Road Commission (to mailroom)

East-West Tower, Rm. 430 Bethesda, MD 20814 4350 East-West Hwy.

Bethesda, MD 20814 Stewart M. Glass, Esq.**

Regional Counsel Eleanor L. Frucci, Esg.* Federal Emergency Management i Attorney _ Agency Atomic Safety and Licensing 26 Federal Plaza, Room 1349

, Board Panel New York, New York '10278 l U. S. Nuclear Regulatory Commission Stephen B. Latham, Esq.**

Eest-West Tower, North Tower Twomey, Latham & Shea

• 4350 East-West Highway 33 West Second Street Bethesda, MD 20834 Post Office Box 398 Riverhead, NY 11901 l

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_p_ t Fabian G. Palomino, Esq.** Ralph Shapiro, Esq.**

Special Counsel to the Cammer & Shapiro, P.C.

Governor 9 East 40th Street Executive Chamber New York, New York 30016 Room 229 State Capitol James B. Dougherty, Esq.**

Albany, New York 12224 3045 Porter Street Washington, D.C. 20008 Herbert H. Brown, Esq.* i Lawrence Coe Lanpher, Esq. Howard L. Blau Christopher M. McMurrey, Esq. 217 Newbridge Road Kirkpatrick, Lockhart, Hill Hicksville, NY 11801 Christopiler & Phillips 6th Floor Jonathan D. Feinberg, Esq.

1900 M Street, N.W. New York State Public Service Washington, D.C. 20036 Commission, Staff Counsel 3 Rockefeller Plaza Mr. Marc W. Goldsmith Albany, New York 12223 Energy Research Group 4001 Totten Pond Road Spence W. Perry, Esq.**

Waltham, Messachusetts 02154 Associate General Counsel Federal Emergency Management MHB Technical Associates Agency 1723 Hamilton Avenue 500 C Street, S.W.

Suite F Washington, D.C. 20472 San Jose, California 95125 Ms. Nora Bredes Mr. Jay Dunkleberger Executive Coordinator New York State Energy Office Shoreham Opponents' Coalition Agency Building 2 195 East Main Street Empire State Plaza Smithtown, New York 11787 Albany, New York 12223 Martin Bradley Ashare, Esq.

Gerald C. Crotty, Esq.** Suffolk County Attorney Counsel to the Governor H. Lee Dennison Building Executive Chamber Veterans Memorial Highway State Capitol Hauppaugg, New York 11788 Albany, New York 12224 In addition, copiec of (1) LILCO'S CROSS PLAN FOR THE CROSS-EXAMINATION OF DEPUTY INSPECTOR KENNETH J. REGENSBURG, DEPUTY INSPECTOR ROBERT A. SNOW AND POLTCE OFFICER VINCENT R.

STYLE ON EMERGENCY PLANNING CONTENTIONS 20 AND 50-58 (NOTIFICA-TION TO THE PUBLIC); (2) LILCO'S PLAN FOR THE CROSS-EXAMINATION OF DEPUTY INSPECTCR KENNETH J. REGENSBURG, DEPUTY INSPECTOR i l

ROBERT A. SHOW AND POLICE OFFICER VINCENT R. STYLE ON EMERGENCY I PLANNING CONTENTION 26 (NOTIFICATION OF EMERGENCY PERSONNEL);

O AND (3) LILCO'S PLAN FOR THE CROSS-EXAMINATION OF DEPUTY IN-SPECTOR RICHARD C. POBERTS, SERGEANT DONALD A. HOFFMAN AND PO-1 LICE OFFICER JAMES J. READ ON EMEFGENCY PLANNING CONTENTIONS 24.T AND 59 (NOTIFICATION TO THE PUBLIC BY THE U.S. COAST GUARD) are being served by hand on Judges, Laurenson, Fline and Shon, and Ms. Frucci.

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Hunton & Williams 707 East Main Street Post Office Box 1535 )

Richmond, Virginia 23212 LATED: March 14, 1984 t ,c- r tm - -