ML20087M485

Motion to Remove Contention 77 from Cluster 3 & to Reinsert Contention 77 Into Hearing Schedule at Later Date. Certificate of Svc Encl

ML20087M485
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/27/1984
From:	Letsche K KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
References
OL-3, NUDOCS 8403290390
Download: ML20087M485 (10)

Text

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. , -1 DOCMETED UNITED STATES OF AMERICA USCC NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing 1bbaV@ 29 A10:31

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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, )

Unit 1) )

)

SUFFOLK COUNTY MOTION TO REMOVE CONTENTION 77 FROM CLUSTER 3 t Suffolk County hereby requests that the Board remove Con-tention 77 from Cluster 3 (which is likely to come to hearing this week), and reinsert Contention 77 into the hearing sched-ule at a later date, to be proposed by the parties. Suffolk County is filing this Motion because LILCO has refused to agree to a change in the order of litigation proposed.by the County for the purpose of accommodating the schedule of one of the County's expert consultants. Although in the past the parties have always been successful in mutually accommodating such I

scheduling difficulties as they have arisen, LILCO has on this occasion, refused to do so. Accordingly the County must bring this matter to the Board's attention.

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DISCUSSION Given the progress to date and projected progress of the hearing, it appears possible that Cluster 3, involving Conten-tions 21.C, 77, 93-95, 96, and 92 may come.up late in the week of March 26.1/ The County's consultant on Contention 77 has an unalterable personal commitment that renders him unable to be in Long Island to assist in cross-examination during the period March 28 through April 6. The County's cross-examination on Contentions 21.C, 93-95, and 96, is unlikely to take more than one day. Because of the pending motions to strike it is

! difficult to estimate the amount of time that will be necessary for cross-examination on Contentio,n 92, but in any event, it appears very possible, if not certain,- that Contentions 21.C, 96, 93-95, and 92 (i.e., all of Cluster 3 except Contention 77) will be completed well before April 6.

In light of this situation, after having attempted, with-out' success, to reach LILCO counsel by telephone over the week-end, the attached letter (Exhibit 1) was telecopied to LILCO

-1/ Cluster 3 involves contentions in Group II-A on which only LILCO has to date submitted direct testimony. Hence, the hearing on that cluster will involve cross examination of LILCO witnesses.

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counsel Mr. Irwin first thing Monday morning. As the letter .

explains, it is necessary that the County's consultant be

present to assist counsel during the County's cross-examination of the LILCO panel on Contention 77, which involves several technical issues. The discovery of the consultant's scheduling conflict led to the County's request that Contention 77 be removed from Cluster 3 and reinserted at an agraed upon later point in the schedule. As the letter also points out, the j three LILCO witnesses on Contention 77 -- Matthew Cordaro, Charles Daverio and Michael Miele -- are together on several other witness panels, (specifically, on Contentions 81, 60-64, l 85 and 88) so the re-scheduling of cross examination on Conten-tion 77 could be coordinated with their other appearances on the witne s stand. Finally, the County understood that the purpose behind placing Cluster 3 where it is in the schedule was to accommodate the planned vacation of a LILCO witness,-

l Carol Clawson, whose appearance at the hearing would not be af-l l; f'ected by the proposed deferral of Contention 77.

1 . .

The above matters were discussed during a telephone conversation between-County counsel and counsel.for LILCO which followed the transmittal of the County's letter. During that conversation, LILCO counsel Mr. Irwin proposed moving i

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Contention 77 to another place within Cluster 3, and it was explained that such a change would not eliminate the problem.

i Even if Contention 77 w'ere at the end of Cluster 3, it would still be likely to come up well before April 6, and thus the County would not have its expert consultant available. More-over, the fact that in the past, and as recently as last week with respect to LILCO's witness Mr. Schiffmacher, all parties have attempted to accommodate the scheduling problems of experts was also discussed. Mr. Irwin stated that he would cer. sider the County's request.

Later, the attached letter from Mr. Irwin (Exhibit 2) ar-i rived by telecopier. 'It merely reiterates his earlier proposal

-- that is, that LILCO would agree to moving Contention 77 within Cluster 3 -- but with the additional. limitation that Contention 92 would remain the last issue in that cluster.

1 The County is not aware of LILCO's reasons for refusing to agree to the County's request. The County's proposal does not appear to the County to cause any hardship or prejudice to LILCO or its witnesses, nor would it result in any delay in the progress of the proceeding, since litigation of the rest of Cluster 3, and the Clusters that follow, could go on as planned.

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For the foregoing reasons, the County requests that the Board remove Contention 77 from Cluster 3, and reinsbrt it at a point in the schedule, subsequent to April 6, 1984, to be pro-posed by the parties.

Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 i /V Lawrehc4CoeLanphfe Karla J. Letsche Michael S. Miller KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 Attorneys for Suffolk County March 27, 1984

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(es)De4*e600 (202) 452-7064 BY TELECOPIER Donald P. Irwin, Esquire Hunton & Williams 707 East Main Street Richmond, Virginia 23212

Dear Don:

Based upon hearing p'rogress to date and prcjections for ,the coming week, it appears that the third cluster of issues (LILCO panels on 21.C, 77, 96, 93-95, and 92) may begin late this coming week. I would like to remove Contention 77 from that cluster, because of a conflict involving my expert consultant on that issue, whom I will need to have with me during my cross examination. I understand that Carol Clawson's scheduled vaca-tion was the reason for having,that cluster where it is in the schedule. Since she is not on the panel for Contention 77, and the witnesses who are will be on the stand several other times, it does not appear that sliding Contention 77 out of Cluster 3 would create a problem or frustrate our previous scheduling goals. I propose that we agree to. reinsert Contention 77 back into the schedule at a mutually convenient spot.

Please let me know at your earliest convenience if this proposal is acceptable, so we can inform the Board.

Sincerel ,

Karl J. Letsche KJL:so cc: Fabian Palomino, Esq.

Bernard M. Bordenick, Esq.

Stephen B. Latham, Esq.

I Ralph Shapiro, Esq.

James B. Dougherty, Esq.

Stewart ~M. Glass, Esq. ,

EXHIBIT'2 I

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Kirkpatrick, Lockhart, Hill, Christopher & Phillips BY_TELECOPIER Eighth Floor .

1900 M Street, N.W.

Washington, DC 20036

Dear Tip:

As I indicated, I have checked again concerning your

! desire to remove the hearing on Contention 77 from the cluster of issues with which it is grouped. As you know, all of these i

issues are ones on which LILCO, and only LILCO, has filed tes-timony, and thus LILCO, and only LILCO, has witnesses whose schedules are affected. Nevertheless, LILCO is willing to sdjust the position of the hearing on Contention 77 to any point within the cluster as long as Contention 92 remains the last issue. I hope this will' solve your problem. .

As I indicated to you in our discussion, LILCO has no

- des-ire to be unreasonable on this issue. However, the entire orchestration of the Group I schedule involved a sufficient number of scheduling and other tra.de-of fs among the parties on a wide range of fronts that we are loath to disturb it except within narrow ranges. ,

Please let me know if the offer above solves your problem.

If it doesn't, I understand that you expect to bring it to the Board's attention promptly.

Sincerely yours, .

Donald P. Irwin l i

91/730 -

4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board

)

In the Matter of )

)

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

i CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY'S MOTION TO REMOVE CONTENTION 77 FROM CLUSTER 3 dated March 27, 1984, have been served to the following this 27th day of March, 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 Howard L. Blau, Esq.

Administrative Judge 217 Newbridge Road Atomic Safety and Licensing Board Hicksville, New York 11801 U.S. Nuclear Regulatory, Commission Washington, D.C. 20555 *W. Taylor Reveley, III, Esq.

Hunton & Williams

• Mr . Frederick J. Shon P.O. Box 1535 Administrative Judge 707 East Main Street Atomic Safety and Licensing Board Richmond, Virginia 23212 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Jay Dunkleberger New York State Energy Office Edward M. Barrett, Esq. Agency Building 2 General Counsel Empire State Plaza Long Island Lighting Company Albany, New York,12223 250 Old Country Road

! Mineola, New York 11501 James B. Dougherty, Esq.

l 3045 Porter Street, N.W.

l Washington, D.C. 20008

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 Ri.verhead, New York 11901 Wading River, New York 11792 Marc W. Goldsmith Energy Research Group, Inc.

400-1 Totten Pond Road Waltham, Massachusetts 02154 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 Stuart Diamond Environment / Energy Writer Atomic Safety and Licensing NEWDAY Board Panel Long Island, New York 11747 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Office of the Secretary Atomic Safety and Licensing Docketing and Service Section Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory 1717 H Street, N.W. Commission Washington, D.C. 20555 Washington, D.C. 20555

• Bernard M. Bordenick, Esq. . Jonathan D. Feinberg, Esq.

David A. Repka, Esq. Staff Counsel U.S. Nuclear Regulatory Commission New York State Public Washington, D.C. 20555 Service Commission 3 Rockefeller Plaza Albany, New York 12223

• Stewart M. Glass, Esq. Nora Bredes Regional Counsel Executive Director Federal Emergency Management Shoreham opponents coalition Agency 195 East Main Street 26 Federal Plaza, Room 1349 Smithtown, New York 11787 New York, New York 10278

• Eleanor L. Frucci, Esq. Spence Perry, Esq.

Atomic Safety and Licensing Associate General Counsel Board Panel Federal Emergency Management U.S. Nuclear Regulatory Commission Agency Washington, D.C. 20555 Washington, D.C. 20472

• Fabian Palomino, Esq.

Special Counsel to the Governor Executive Chamber State Capitol Room 229 Albany, New York 12224

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Karla J. Letsch Y f KIRKPATRICK, LOCKtfART , HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 By Hand