ML20087P966
| ML20087P966 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/05/1984 |
| From: | Irwin D LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| OL-3, NUDOCS 8404100158 | |
| Download: ML20087P966 (4) | |
Text
hb RElf,TED C0iigpgs LILCO, April 5, 1984 i
i UNITED STATES OF AMERICANf; NUCLEAR REGULATORY COMMISSION
'84 APR -9 A11 :41 Before the Atomic Safety and Licensing Board (FFG O'3EUt A CCCXLIIL & Sli< a In the Matter of
)
SRANCH
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning Proceeding)
(Shoreham Nuclear Power Station, )
Unit 1)
)
LILCO'S MOTION FOR EXPEDITED DECISION CONCERNING ADMISSIBILITY OF NEW YORK STATE'S DIRECT TESTIMONY ON CONTENTION 24.F.2 On March 21, New York State proffered the prefiled Direct Testimony of Charles V. Failla on behalf of New York State Re-garding Contention 24.F.2.
On Mar.-ch 24, LILCO moved to strike this testimony by motion filed with the Board and the parties.
On April 4, New York State responded in opposition to LILCO's motion.
LILCO believes that the positions of the two parties directly in interest are adequately presented on the face of the pleadings.
LILCO does not seek to reply to New York State's opposition.1/
This Board has indicated that it would normally decide mo-tions to strike testimony on the day when witnesses appear to tes-tify.
On this testimony, however, an advance ruling by the Board 1/
LILCO does take exception, however, to the Staff's charac-terization of the dispute between New York and LILCO over Mr.
Failla's testimony as merely "the product of a a discovery dis-pute."
NRC Staff Response to LILCO and Suffolk County Motions to Strike Portions of Group II-B Testimony, April 4, 1983, at 7.
LILCO believes, for the reasons stated in its motion to strike, that the issues involve more fundamental principles of notice and good cause.
B404100158 840405 PDR ADDCK 05000322 O
PDR j
'l would prevent potentially unnecessary expeditures of time and ef-fort by the parties.
If Mr. Failla's testimony is admitted, LILCO will need to depose him prior to his appearance and perhaps file supplemental testimony; if it is not, LILCO would prefer to avoid putting both itself and New York State to this trouble and ex-pense.
Since Mr. Failla's testimony, if heard, would be in " Group II-B",
it would not come on for hearing for several weeks yet.
However, it would be useful to the parties to have a ruling at least two weeks in advance of his scheduled appearance on the ad-missibility of his testimony.
Accordingly, although LILCG does not believe that this motion need be resolved immediately, a ruling by the Board well in ad-vance of the anticipated hearing date for this testimony would save the parties potentially unnecessary trouble and expense.
Ac-cordingly, LILCO moves for an advance ruling on the admissibility of Mr. Failla's testimony.
Respectfully submitted, LONG ISLAND LIGHTING COMPANY By Donald P.
Irwin HUNTON & WILLIAMS 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED:. April 5, 1984
LZLCO, April 5, 1984 CERTIFICATE OF SERVICE In the Matter of 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 MOTION FOR EXPE-DITED DECISION CONCERNING ADMISSIBILITY OF NEW YORK STATE'S DI-RECT TESTIMONY ON CONTENTION 24.F.2 were served this date upon the following by first-class mail, postage prepaid, and in ad-dition by hand if present at the hearings in Hauppauge (as in-dicated by one asterisk).
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 Appeal Board Panel 4350 East-West Hwy.
U.S. Nuclear Regulatory Bethesda, MD 20814 Commission Washington, D.C.
20555 Dr. Jerry R. Kline*
Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U.S.
Nuclear Regulatory U.S. Nuclear Regulatory 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, Esq.*
Federal Emergency Management Attorney Agency Atomic Safety and Licensing 26 Federal Plaza, Room 1349 Board Panel New York, New York 10278 U.
S. Nuclear Regulatory Commission Stephen B.
Latham, Esq.*
East-Wes,t Tower, North Tower Twomey, Latham & Shea 4350 East-West Highway 33 West Second Street Bethesda, MD 20814 Post Office Box 398 Riverhead, NY 11901 L
a 4.
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 10016 Room 229 State Capitol James B. Dougherty, Esq.*
Albany, New York 12224 3045 Porter Street Washington, D.C.
20008 Herbert H. Brown, Esq.*
Lawrence Coe Lanpher, Esq.
Howard L. Blau Christopher M. McMurray, Esq.
217 Newbridge Road Kirkpatrick, Lockhart, Hill Hicksville, NY 11801 Christopher & Phillips 8th 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, Massachusetts 02154 Associate General Counsel Federal Emergency Management MHB Technical Associates Agency 1723 Hamilton Avenue 500 C Street, S.W.
Suite K 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 Hauppauge, New York 11788 Albany, New York 12224 1
l
~~~ ~
Donald P.
Irwin j
Hunton & Williams 707 East Main Street Post Office Box 1535 Richmond, Virginia 23212 DATED:
April 5, 1984 m