ML20093D542
| ML20093D542 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/13/1984 |
| From: | Farley E HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| OL, NUDOCS 8407170048 | |
| Download: ML20093D542 (14) | |
Text
& (p
, ;f;-
g;u,, -
4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 09,MEip
- e. u Before the Atomic Safety and Licensing Board
'01 J'!L 16 p ;.
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL
)
(Shoreham Nuclear Power
)
Station, Unit 1)
)
)
MOTION TO QUASH SUBPOENAS Pursuant to 10 C.F.R.
S 2.720(f), Long Island Lighting Company moves to quash the subpoenas issued upon the applica-tion of Suffolk County on July 10, 1984, requiring Howard Blanding, Robert Guiffra and Robert Woytowich to appear and testify on July 18, 1984.
The grounds for this motion are as follows:
1.
Suffolk County first learned that ABS had approved the 13 inch x 12 inch crankshaft used in the Shoreham Emergency Diesel Generator on May 9, 1984.
(Jchnston Dep. at 24-28).
2.
Suffolk County was informed on May 11, 1984 that Messrs. Guiffra and Woytowich of ABS attended a meeting with representative of LILCO, TDI, FaAA and PEI to discuss crank-shaft certification.
(Yang Dep. at 20-22).
Suffolk County was also informed on May ll, 1984 that Dr. Simon Chen attended the meeting at ABS.
(Yang Dep. at 22).
8407170048 840713 PDR ADOCK 05000322 c
PDR 9y
e d
3.
Suffolk County deposed Dr. Chen on May 15, 1984.
Suffolk County did not ask Dr. Chen any questions concerning the substance of the discussion at the meeting at ABS and did not ask Dr. Chen any questions related to ABS certification of the erankshafts.
4.
The Board's Bench Order of February 22, 1984 did not prevent Suffolk County from utilizing formal discovery pro-cedures to obtain information from ABS during the discovery pe-riod.
Nonetheless, Suffolk County did not seek formal discov-ery from ABS until its application for issuance of subpoenas-on July 10, 1984.
5.
In its July 5, 1984 ruling, the Board ruled that Suffolk County was not entitled to the additional information it sought in Section IV of its June 11, 1984 Filing (Tr.
21,876-77).
The County specifically informed the Board on July 5, 1984, that it wanted to subpoena witnesses from ABS.
(Tr.
21,772-73).
6.
Not withstanding the Board's July 5, 1984 Order prohibiting the County from seeking,this discovery, the County sought subpoenas for the depositions of Messrs. Blanding, Guiffra and Woytowich.
7.
The County has presented no valid reason why the Board's Order of July 5, 1984 should be changed.
The matters about which the County seeks information were discussed at the July 5, 1984 hearing and ruled upon by the Board.
In addition, l
\\
e 4
the County had ample opportunity during the discovery period to depose ABS witnesses.
The County chose not to do so.
The County should not be permitted to conduct this additional dis-covery, which will require LILCO to prepare for and attend these depositions, at a time when the parties are engaged in the Preparation of testimony.
WHEREFORE, Long Island Lighting Company respectfully requests this Board to quash the subpoenas issued on July 10, 1984.
day of July, 1984.
This the LONG ISLAND LIGHTING COMPANY By E. Milton Farley, III G
Hunton & Williams P. O. Box 19230 2000 Pennsylvania Avenue, N.W.
Washington, D.C.
20036 W.
Taylor Reveley, III Robert M. Rolfe Anthony F. Earley, Jr.
Darla B. Tarletz Hunton & Williams 707 East Mair Street P. O. Box 1535 Richmond, Virginia 23212 i.
i r
i Odes L. Stroupe, Jr.
t David Dreifus
[
Hunton & Williams l
BB&T Building j
t' P. O. Box 109 l
Raleigh, North Carolina 27602 l
DATED:
July 13, 1984 i
4 l
b i
i 4
1 J
I f
f
+
1 f
h i
l I
?
n
- l L
I
?
i t
i I
i f
P I
i a
4 i
i e
6 s
) -
l i
w-,-,.w,--vyv,
.vy..,rr.w,.,
,_,,www-wwre,-,-.m--re,
--.-w,.-,.,-,%
r--e..
._,-,wwe,_
aw.w.1,w_.
_+,. - - -
=
's 4
CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322 (OL)
I hereby certify that copies of LILCO's Motion to Quash Supoenas were served this date upon the following by first-class mail, postage prepaid, or by hand, as indicated by as asterisk:
Lawrence Brenner, Esq.*
Secretary of the Commission Administrative Judge U.S.
Nuclear Regulatory Atomic Safety and Licensing Commission Board Panel Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing 4350 East-West Highway Appeal Board Panel Fourth Floor (North Tower)
U.S. Nuclear Regulatory Bethesda, Maryland 20814 Commission Washington, D.C.
20555 Dr. Peter A. Morris
- Administrative Judge Atomic Safety and Licensing Atomic Saftey and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 4350 East-West Highway Fourth Floor (North Tower)
Robert E. Smith, Esq.
Bethesda, Maryland 20814 Guggenheirmer & Untermyer 80 Pine Street Dr. George A.
Ferguson*
New York, New York 10005 Administrative Judge School of Engineering Martin Bardley Ashare, Esq.
Howard University Attn:
Patricia A.
Dempsey, Esq.
2300 6th Street, N.W.
County Attorney Washington, D.C.
20059 Suffolk County Department of Lav Veterans Memorial Highway Hauppauge, New York 11787 I
(
4 Bernard M.
Bordenick, Esq.*
Stephen B.
Latham, Esq.
David A.
Repka, Esq.
Twomey, Latham & Shea Richard J. Goddard, Esq.
33 West Seconbd Street U.S. Nuclear Regulatory P. O. Box 398 Commission Riverhead, New York 11901 Maryland National Bank Bldg.
7735 Old Georgetown Road Ralph Shapiro, Esq.
Bethesda, Maryland 20814 Cammer and Shapiro, P.C.
9 East 40th Street Herbert H.
Brown, Esq.*
New York, New York 10016 Lawrence Coe Lanpher, Esq.
Alan R.
Dynner, Esq.
James Dougherty, Esq.
Kirkpatrick, Lockhart, Hill, 3045 Porter Street Christopher & Phillips Washington, D.C.
20008 8th Floor 1900 M Street, N.W.
Mr. Jay Dunkleberger Washington, D.C.
20036 New York State Energy Office Agency Building 2 Mr. Marc W. Goldsmith Empire State Plaza Energy Research Group Albany, New York 12223 4001 Totten Pond Road Waltham, Massachusetts 02154 Jonathan D.
Feinberg, Esq.
New York State MHB Technical Associates Department of Public Service 1723 Hamilton Avenue Three Empire State Plaza Suite K Albany, New Youk 12223 San Jose, California 95125 Fabian G.
Palomino, Esq.
Spcial Counsel to the Governor Executive Chamber, Room 229 State Capitol Albany, New York 12224 Howard L.
Blau 217 Newbridge Road Hicksville, New York 11801
,, _.. _7
,ks Milton Farley,' III [ '
edF' E.
Hunton & Williams 2000 Pennsyulvania Avenue, N.W.
P. O. Box 19230 Washington, D.C.
20036 DATED:
July 13, 1984 fd74} ht$
b 4
U jf
, o.vs1 1
question whien I think is unintended by the questioner.
2, There may be a question as to whether A.B.M. checked the 3
shaf ts as they ultimately turned out or checked 4
calculations in the original drawings.
You can ask about 5
both.
Ask anything you want.
6 (Discussion of f the record between the 7
witness and.tr. Smith.)
4
- 13. SC!f8IDT:
Q.
Mr. Smith, I would appreciate 9
it II fou didn 't conuait witn the witness.
10
!!R. SHITH:
I will give the question any advice 11 I sant.
There is no question pending.
12 MR. SC11EIDT:
There certainly is.
l 13 MR. SMITH:
Let 's ha ve it read back.
I don 't l
14 taank there was a question.
15
!!R. SCHEIDT There sas a question asked and 16 incurruptud.
17 MR. SMITH:
Let's have it read back.
I t 's.sy 18 rucc11ection there was no question.
19 MR. SC'. LEI DT Would you read the quustion.
20 (Question read. )
21 MR. SMITus I would like to note as the result i
22 of the long pauue it is i:nclear to me whether there is a 23 question pending.
24 MR. SCliEIDT Whether or not there is a 25 question,.ending I will ask a question now.
26 Q.
Did you hayw any commanications with anyone at 27 A.B.d. concerning the replacement crankshafts?
28 A.
Yes, I did.
...,u, a,e
'3 i db
.64 t
1 mee tings ?
I 2
A.
There was Mr. Gene Montgomery of LILCO, Dr.
3 Simon Chan of P.E.I., Dr. Paul Johnston of Failure 4
Analysis Associates.
5 a.
Was there anyone else?
6 A.
And m/self.
7 Q.
How many meetings took place with A.D.S.?
I 6
A.
J ust that one.
9 Q.
When was that meeting held?
10 A.
Tlie exact date slips me, but approxima tely e
11 probably two uonths ago.
12 Q.
And what were the subjeceu discussed at that 13 mee ting ?
14 A.
We want to get A.B.S. 's approval of those 15 engine generator sets on the basis of their torsional 16 cnatacteristica using A.B.S. 's requiremonts for anipboard 17 service.
id Q.
How do you go about getting A.B.S. approval for 19 thosw engines?
20 MR. SMITH:
Are you asking him snat he di<l?
21 MR. SCHEIDT I am asking how the process is l
22 done.
23 MR. SMITH:
Sure.
Generally speaking.
24 THE WITNESS:
Generally speaking, the various l
25 components of tho engine which requires A.D.S. approval 26 or whicn A.B.S.
edquires approval should be suositted te I
27 A.a.s. for their scrutiny and approval.
26 MA. SCHEIDT Q.
When you say the components
4 b
1 Q.
What was the nature of those cocaunications 2
that you had?
3 A.
We had meetings with two gentlemen in their 4
machinery group.
5 Q.
And did you initiate the contact with A.B.S.?
o MR. SMITH:
Do y ou me an by "y ou, ', M r. Y ang 7
per sonally ?
a atR. SCHEIDT Yes,I do.
9 THE WITNESS:
To the best of my recollection, I 10 was not the one who initiated the contact.
11 MR. SCllEIDT:
Q.
Why was A.B.S. contacted?
12 A.
I do not know.
13 I was present.
I was one of the parties that 14 was pcosent at the meeting at A.D.s.
15 Q.
Who else vaa at the sneeting at A.B.S.?
16 A.
fnero das tne two gentlemen f rom A.S.S.
17 Q.
Do you recall their names?
Id A.
I believe the one das Rober t Giuf f rs.
13 Q.
Do you know how that is spullod ?
20 A.
Vagavly.
G-i -u-f -f -r -a.
21 The ochar t,vrson was nien.ird Woytowic'.1.
22 Q.
Can you spell that too?
23 A.
Again vaguely --
24 MR. SMITH:
It 's not a test of your spelling 26 ability, dr. Yang.
Just do your best.
26 THE WITNES8:
I understand.
I t ry my be s t.
27 W-o - y-t -o - w-1 -c -h.
28 MR. SCREIDT:
Q.
Who else was present at those I
i M
M f ftSL M M
MbP0 f
7..
.p j,h Jo hn9 tan F
l l
24 i
I 1
So if you compare that to a ship where an engine may, 2
for example, bc powering a propeller, the speed range is 3
much more variable.
r 4
We were interested in understanding what ABS thought
[
S was a reasonable speed range for a stationary diesel in 6
nuclear service.
7 0
Do you know whether generators on, diesel generators 8
on ships are run at constant speeds?
9 MS. TARTLETZ:
Objection.
What diesel generators
(
10 on ships?
Can you be more specific?
i 11 MR. SCHEIDT: In general.
12 THE WITNESS:
Diesel engines are used for many 13 purposes on ships.
Some of them are, I would imagine, r
14 run at a fixed speed to generate, for example, electricity.
i 15 others may run at a variablo speed.
I'm not, I do 16 not know particularly how diesels are used in ships except 17 that their speed is likely to be more variable than that 18 in a nuclear plant.
19 ItR. SCHEIDT:
G Do you know whether diesel genera-l 20 tors used for electrical power on ships run at a constant 21 speed?
22 A
I don't know.
23 g
Who are the individuals or individual at ABS with 24 whom you spoke?
I 25 A
I don't recall.
I could get the nares for you, but 26 I don't recall.
27 0
Was there more than one individual?
28 A
There were two individuals.
t 25
\\
1 4
Were there any other areas that you discussed p
2 with ABS for clarification purposes?
3 A
Not to my recollection.
4 g
Do you know whethor ABS itself has performed any i
5 l
calculations as to the adequacy of the replacement crank-6 l
shafts at Shoreham?
7 A
I don't know.
8 4
Do you know whether ADS has certified a drawing, the 9
drawing of the replacement crankshaft?
10 A
I have not seen such a cortified drawing, but it is 11 i
my understanding that they have.
12 0
!!ow did you gain that understanding?
l 13 A
In a conversation with Roland Yang of Transamerica 14 Delaval.
i 15 g
Do you know who requestod ADS to certify the drawing i
16 of the replacement crankshaft?
17 A
I do not.
t 15 i G
De you know the organization that requested ABS 18 to do so?
20 A
I assume Transamerica Delaval.
\\
21 l
4 11 ave you ever seen the cortificate?
22 A
No, I have not.
23 4
Did you have any discussions with anyene else 24 outside of FaAAconcerning whether the replaco. ent crank-25 l
shafts meet the ABS rules?
26 A
Yes, I did.
1 27 g
can you identify those individuals?
28 A
Ronald Yang of Transamerica Delaval.
Eugene i
i 26 l
1 Montgomery of Long Island Lighting Company.
2 0
i41th whom did you speak at LILCO?
3 A.
Eugene Montgomery.
4 0
oh.
Is there anyone else besidos Mr. Montgomery 5
from LILCo?
l 6 i A
It is possible that there was, but my direct ccmmunica-I 7
tion would have boun with Gone Montgoncry.
l 8
G Do you know if they performed any calculations on that 8
same subject?
10 A.
I believe that Ronald Yang did.
11 O
Do you know the results of those calculations?
12 A.
I guess I don't, no, I don't.
l 13 G
What discussions did you have with him concerning i
lcompliancewithABSstandards?
14 15 T!!E WITNESS:
Dog pardon, could you repeat the 16 question?
II MR. SCHEIDT:
Q.
What discussions did you have with.
18 Hr. Yang concerning whether the replacement crankshafts meet l'
the ABS standards?
20 I A.
We discussed the torsional vibratory stresses and j
21 whether they meet the allowables of ABS.
22 0
Was there anything else you discussed with him con-23 carning that subject?
24 A.
Yes.
We discussed how, we discussed both the E
calculations and the use of the test resules from the 3
1 Stone-Webster and FaAA tests, how those, the results of 27 that test, the stresses that are computed from the results of that test.
S
)
.y 27
- i. g _.:[ Y 1
0 What did you discuss'concerning the use-of thou'e' l
2 test results?
I
\\
3 A
Failure Analysis provided Roland Yang either direct-r 4
ly or through Stone & Webster the torsiograph results on the f
5 replacement crankshaft so that the nominal torsional stresses 6
could be computed.
g'y 7 l MR. SCHEIDT:
Why don't we take a break until about
'V 8
4:00 o' clock.
p.:
}
,f' 9
(Recess from 3:S2 p.m.
to 4:06 p.m.)
t 10 MR. SCHEIDT:
G Do you know what informati.on was 11 supplied'to ABS in connection with certification by ABS 12 of the drawing of the replacement crankshaft?
d 13 A
No, I don't.
i 14 G
In your discussions with Roland Yang, did you, you r
i
~t
/p<
15
.i discussed the use of the test results on the torsiographs, 16 isn't that correct?
17 A.
Yes.
X.
/;
[
c )/
)' l _16
'4 Did you have additionst discussions with Roland Yang l
y l
t 19 on othcir matters concerning the replacement cran tshaf ts?
-r:)
'L-20 A
Yes, I did.
l
,si s
1),'
What'were thoso discussions about?
21 0
S 22 A.
I don't believo I am going to be able to recall all of f
j 23 the discursions.
I talked to Roland Yang numerous times
-f 7,,fh 24 both in person and on the telephone and I ceitainly will have
!f
/*
26 g 3 a difficult time in trying to recall all of.he things that
,' u 4
,i ')
26 we have talked about.
[Icc 27 But, you know, I have for example talked to Roland g-g' 28 Yang about torsional calculations in general, about methods
(
$' 6
(;
- l
,e---_
1 r
i 28 1
for doing them.
2 C.
I'm speaking with reference particularly to the 3
replacement crankshafts.
4 A
Well, the reasons for my contacts with Roland Yang 5
was because of the replacement crankshafts.
All of my 6
conversation would in some way reflect the interaction 7
because of the rcplacement crankshafts.
So perhaps you would 8
repeat the question again.
9 O
See if I can ask it in a botter fashion: Did you f
discuss with him whethor the replacement crankshaf ts ' mot 10 i
design codes?
11 3
12 MS. TARLETZ:
Ob j ec tion.-
Can you specify what design 13 codo?
14 MR. SCHEIDT:
Any design codes.
15 THE WITNESS:
To the extent that ABS design code, 16 yes, we did discuss, I did discuss with Roland Yang whether 17 the replacement crankshafts met ABS.
18 MR. SEHEIDT:
0 Any other design code?
19 A
No other design code.
20 0
Thank you.
Did you have any discussions with 21 Drs. Pischinger, Tholen and Kreuter concerning whether the 22 replacement crankshafts meet design codo requirements?
l 23 MS. TARLETZ:
Again, objection.
What design code?
24 MR. SCHEIDT Same answer; any design codes.
26 THE WITNESS:
I have not discussed whether the 26 replacement crankshafts meet any design codes with those 27 gentlemen.
28 MR. SCHEIDT:
O What was the nature of your i
i