ML20092G677

Objections to Suffolk County Second Discovery Request Re Util Application for Exemption.Discovery Requests Burdensome & Oppressive & Number of Documents Voluminous.Certificate of Svc Encl.Related Correspondence

ML20092G677
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/19/1984
From:	Rolfe R HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20092G660	List: ML20092G659 ML20092G677
References
OL-4, NUDOCS 8406250194
Download: ML20092G677 (7)

Text

0 RELAT ED CT ..si oMDEN% LILCO, Juggg 1984 USNRC l

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .

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hp,tn m3 & 5! a, ?,=> {

r Before the Atomic Safety and Licensing Board ~u>t;CH l

l In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-4

) (Low Power)

(Shoreham Nuclear Power Station, )

Unit 1) )

OBJECTIONS TO SUFFOLK COUNTY'S SECOND DISCOVERY REQUEST TO LILCO RELATING TO LILCO'S APPLICATION FOR EXEMPTION Long Island Lighting Company (LILCO), by counsel, objects as follows to Suffolk County's Second Discovery Request I

to LILCO Relating to LILCO's Application for Exemption (the Second Discovery Request).

1. In its Memorandum and Order Scheduling Hearing on LILCO's Supplemental Motion for Low-Power Operating License dated April 6, 1984, at page 16, the Licensing Board directed that discovery in this case consist of document requests and depositions only. It prohibited the use of interrogatories.

Accordingly, to the extent that the Second Discovery Request seeks information not contained in documents properly discoverable from LILCO, they are interrogatories and beyond the scope of the permitted discovery in this proceeding.

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2. LILCO objects to all of the requests as not relevant to the subject matter of this proceeding and not reasonably calculated to lead to the discovery of admissible evidence. The requests may be generally charactorized as '

seeking all financial and/or economic information concerning LILCO's operations, cash flow and financial health. They appear to be calculated to addroso the question of LILCO's financial qualifications to operate the plant, whethor it is prudent to engage in low power tooting absent assurance that a full power licenso will be granted and possible uncertaintion i

concerning LILCO's financial health. Those mattern bear no I relevance to LILCO's exemption requent and are not rolovant to I

any unrosolved contentions concerning LILCO's request for a low power license. The Partial Initial Decision in this procouding has already dotormined that LILCO would be entitled to commence low power tenting but for resolution of the diosol generator insuo. The requested exemption would moroly allow LILCO to commence low power testing prior to runolution of the diesel generator innue. Thus, thoro is no quantion as to whethor low power tonting ought to be allowed at all or concerning LILCO's financial qualifications to engago in it. Soo Financial Qualification Statement of Policy, 49 Fod. Reg. 24111 (June 12, 1984). Moreover, the Commission has on at least two occasions

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held that any uncertainty attendant to whether LILCo may  ;

receive a full power license for Shoreham does not preclude low power testing. Long Island Lighting Co. (Shoreham Nuclear Power Station, Unit 1), CLI-84-9, 19 NRC (1984); Long Island Lighting Co. (Shoreham Nuclear Power Station, Unit 1),

CLI-83-17, 17 NRC 1032 (1983).

3, The discovery requests are burdensome and  !

opprensive.

(a) The number of documento requented is voluminous. Preliminary estimates indicate that more i than 500 manhours would be required to search for and ii produce the documents requented. For requents 2 and 7 alone, it is estimated that a fivo-foot high stack of documents would havo to be produced. Additional details concerning their number and location will be provided, if noconnary. In the interont of expediting thin responno, however, LILCO in filing it before having completo details. Nevertholoss, given the lack of relevanco and matoriality of those requests, auch an extonnivo effort to research and

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i produce those documents in unwarranted. i I

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(b) It will further be unduly burdensome to produce all copies and drafts of the voluminous namber of documents requested.

(c) It will also be unduly burdensome and oppressive to supply all documents "in the possession or subject to the control of LILCO's consultants, persons under contract with LILCO and vendors of equipment or services to LILCO." The number of such potential vendors and consultants might be large with respect to the subject matter of the requests.

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4. Additionally and alternatively, LILCO objects to i

the production of any documents that subject to the work-product, trial preparation or attorney-client privileges. If LILCO's other objections are overruled and documents are produced, LILCO will identify those withheld as privileged at that time.

5. The Second Discovery Request is not timely. It was sent to LILCO by Federal Express on June 11 and, accordingly, LILCO's responses would not be due until after the close of discovery.

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Respectfully submitted, LONG ISLA,ND--LIGHTING COMPA Y

/

' V' By [ '

Robert M. R61fe '

Anthony F. Earley, Jr.

Hunton & Williams Post Office Box 1535 Richmond, Virginia 23212 DATED:' June 19, 1984 i

00t e E!Q LILCO, JunNih,1984 CERTIFICATE OF SERVICE '84 WN 22 A11:54 c in i ht In the Matter of * $$hcb LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322-OL-4 (Low Power)

I hereby certify that copies of OBJECTIONS TO SUFFOLK COUNTY'S SECOND DISCOVERY REQUEST TO LILCO RELATING TO LILCO'S APPLICATION FOR EXEMPTION AND RESPONSE TO SUFFOLK COUNTY'S FIRST DISCOVERY REQUEST TO LILCO RELATING TO LILCO'S APPLICA-TION FOR EXEMPTION were served this date upon the following by U.S. mail, first-class, postage prepaid or by Federal Express (as indicated by one asterisk).

Chairman Nunzio J. Palladino Commissioner Thomas M. Roberts U.S. Nuc'. ear Regulatory U.S. Nuclear Regulatory Commission Commission 1717 H Street 1717 H Street, N.W.

Washington, D.C. 20555 Washington, D.C. 20555 Judge Marshall E. Miller Commissioner James K. Asselstine Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. NRC 1717 H Street, N.W. 4350 East-West Highway Washington, D.C. 20555 Fourth Floor (North Tower)

Bethesda, Maryland 20814 Commissioner Victor Gilinsky Judge Glenn O. Bright U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board 1717 H Street, N.W. U.S. NRC Washington, D.C. 20555 4350 East-West Highway Fourth Floor (North Tower)

Bethesda, Maryland 20814 Commissioner Frederick M. Bernthal Judge Elizabeth B. Johnson U.S. Nuclear Regulatory Oak Ridge National Laboratory Commission P.O. Box X, Building 3500 1717 H Street, N.W. Oak Ridge, Tennessee 37G30 Washington, D.C. 20555

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Eleanor L. Frucci, Esq.

Atomic Safety and Licensing James Doagherty, Esq.

Board 3045 Porter Street, N.W.

U.S. NRC Washington, D.C. 20008 4350 East-West Highway Fourth Floor (North Tower)

Bethesda, Maryland 20814 Jay Dunkleberger, Esq.

New York State Energy Office Honorable Peter Cohalan Agency Building 2 Suffolk County Executive Empire State Plaza County Executive / Albany, New York, 12223 Legislative Building Veteran's Memorial Highway Hauppauge, New York 11788 Edwin J. Reis, Esq.

U.S. Nuclear Regulatory Fabian G. Palomino, Esq. Commission Special Counsel to the Maryland National Bank Bldg.

Governor 7735 Old Georgetown Road Executive Chamber, Room 229 Bethesda, Maryland 20814 State Capitol Attn NRC 1st Floor Mailroom Albany, New York 12224 Martin Bradley Ashare, Esq.

Suffolk County Attorney H. Lee Dennison Building Veterans Memorial Highway Alan R. Dynner, Esq.* Hauppauge, New York 11788 Herbert H. Brown, Esq.

Lawrence Coe Lanpher, Esq. Docketing and Service Branch Kirkpatrick, Lockhart, Hill, Office of the Secretary Christopher & Phillips U.S. Nuclear Regulatory 1900 M Street, N.W., 8th Flcor Commission Washington, D.C. 20036 Washington, D.C. 20555 Mr. Martin Suubert c/o Congressman William Carney 113 Longworth House Office Bldg.

Washington, D.C. 20515 ,-

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' Robert M.' Rolfe

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Hunton & Williams 707 East Main Street Post Office Box 1535 Richmond, Virginia 23212 DATED: June 19, 1984