ML20093N080
| ML20093N080 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/30/1984 |
| From: | Farley E HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| OL, NUDOCS 8408010169 | |
| Download: ML20093N080 (13) | |
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NUCLEAR REGULATORY COMMISSION
-- Before the Atomic Safety and LicensNo 56aTrd PU33 y
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In the Matter of 3
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LONG: ISLAND LIGHTING COMPANY
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Docket No. 50-322 (OL)
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ANSWER TO SUFFOLK COUNTY'S MOTION
- TO COMPEL THE PRODUCTION OF DOCUMENTS s
On duly 24, 1984, Suffolk County filed its Motion to 0
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.Compel.the Production of Documents (Motion to Compel).
To avoid any further delay in this proceeding, LILCO has attempted y
to expedite production of the documents included in the
" County's Motion to Compe1.
Many of those documents were in the
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possession of.Transamerica Delay,al, Inc. (TDI),and Failure
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Analysis Associates-(FaAA).
LILCO strongly urged the cooperation of both FaAA and TDI in complying.,vith production i t of the requested documents.L i
On ' thursday, July 26,1 1984, LILCO initiated a conference gs s
-r:all with the NRC Staf f,and Suf folk County to discuss the i
L status o,f LILCO's attempt to furnish documents listed in the Motion to Compe'l.
At that time,,several of the documents covered by the Motion to Compel had already been produced to l
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LILCO continued its efforts to obtain the remaining documents and advised the County of those efforts on a moment-to-moment basis.
To svold the delay involved in photocopying the FaAA material and to expedite its production to the County, those documents were made available to the County for its review on Friday, July 27, 1984, in the Washington, D.C. offices of Hunton & Williams.
The County chose to review the documents on Saturday, July 28, 1984.
A review of the status of LILCO's response to the specific items in Suffolk County's Motion to Compel is detailed below:
(1)
German Desian Criteria for Crankshafts -- By telex communication, FaAA contacted Dr. Franz C. Pischinger and asked him to provide a copy of the German design criteria.
Dr.
Pischinger agreed to send to FaAA on Thursday, July 26, 1984 a copy of the design criteria via DHL courier service.
FaAA anticipated it would have the design criteria in its possession on Friday, July 28, 1984, but did not receive the information until Monday, July 30.
Consequently, this information will be made available on Tuesday, July 31, 1984.
(2)
FaAA Calculations -- This information was made
-available to the County at the Washington, D.C. offices of Hunton & Williams on Friday, July 27, 1984.
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.,/-.(3) ~Crankshcft Forcina Specifications -- Via Federal ff;
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Express on July 25; 1984, TDI sent 'co the County documents re g nsive to this. request.
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~,j'#'*Bgplacement Crankshafts -- TDI had searched its files for this i?'
information,'but was-unable to locate it.
TDI telexed the
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information.,Tb1 expects to receive this.information by 4
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spedial courier on Monday, July 30, 1984, and will that day 7~,
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(5)
Details of'the Weicht of the Replacement Cylinder y{
Block -- Via Federal Express on Thursday, July 26, 1984, TDI sent to the County information responsive to this request.
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~'(6)
Material ProDerties of the Cylinder Blocks -- Via Federal Express on Wednesday, Ju / 25, 1984, LILCO sent to the.
County the_ chemical and mechanical properties of the new block
'from thc-EDG 103 documentation package.
The County's earlier requests in letters dated June 12 and July 9, 1984 had not clearly requested material properties for the EDG 101 and 102 tblocks.
In the conference call on Wednesday, July 25, 1984,
.the County clarified that it wanted the material properties for those blocks as well.
TDI has agreed to produce this
information and anticipates that it will be able to send it to the County on Monday, July 30, 1984.
TDI and LILCO have unsuccessfully searched-for_the other portion of the County's request regarding "certain foundry inspection reports and c
reports on chemical and physical properties of the original cylinder. blocks.'"
LILCO and TDI will continue the search for
- thisLinformation.
The material properties information to be supplied by TUI on Monday, July 30, 1984, however, may satisfy the' County's need for these reports.
(7)
Glen Allen.-Alaska, Cylinder Block Documents -- The source of the County's request for this information is a list relating generally,to the TDILengines at Glen Allen, Alaska, mentioned ~by Dr. Wells in his deposition.
As noted in the County's Motion to compel, LILCO produced the information in
-its possession regarding any_ incident-involving the TDI engines at Glen Allen, Alaska.
LILCO asked 'FaJUL to continue a search u
of'its files for-any other information specifically relating to the block on the-Glen. Allen engine.
The documents located by
.FaAA responsive to this request were made available to the (County for.its review in the-Washington',
D.C. offices of Hunton 1&LWilliams'on Friday, July'27,-1984.
By prcduction of these
- documents, LILCo does not waive any-objection it may later have v
i as-to their relevancy to the Shoreham proceeding.
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(8)
M/V Gott Cylinder Block Documents -- Via Federal Express on Thursday, July 26, 1984, TDI sent to the County documents responsive to this request.
This request asks for production of correspondence between TDI and the ABS concerning the cylinder block top fractures on the M/V Gott.
It should be noted that the County had an opportunity to ask for these documents in the July 18, 1984 depositions of ABS representatives, but did not do so.
By production of these documents, LILCO does not waive any objection it may later have as to.their relevancy to the Shoreham proceeding.
(9)
Professor Wallace Documents -- TDI made available tc thefCounty for its rdview in' Oakland, California, on March 22 and 23, 1984, all Wallace correspondence regarding his comments on analyses of the TDI series R-48' diesel engines.
In addition,(portions'of letters written-by Professor Wallace were D'
produced to:the County by Hunton & Williams.
The County requested complete copies of those letters, as well as any other letters from Professor Wallace containing his comments or analyses of the R-48 engines.
Neither Hunton & Williams nor Guggenheimer & Untermyer (current counsel for TDI) have the complete letters that were produced to the County.
TDI has attempted, to date unsuccessfully, to find the unedited versions of those letters.
Professor Wallace has searched his a
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file, but has been unable to locate that correspondence.
TDI is continuing its efforts to locate these documents, including contacting TDI's former counsel.
(10)
Determinations and Reviews by TDI's Material Review Board -- Via Federal Express on Wednesday, July 25, 1984, TDI
.sent to the County documents responsive to this item.
(11)
Camshaft Drawings -- On Friday, July 27, 1984, TDI sent to the County documents responsive to this item.
(12)
DROR Phase II Reports on Cylinder Blocks, Cylinder Heads, Crankshafts and AE Pistons -- Via Federal Express on July 24 and 27, 1984, LILCO sent to the County documents responsive to this item.
Two of the documents, the piston support packages, were provided by FaAA and were made available y
for the County's review in the Washington, D.C. offices of Hunton & Williams on Friday, July 27, 1984.
The County was
. advised that these documents were in the form of microfiche and that-the County would have to furnish its own viewing equipment.
Two of the documents, the support packages for the
. cylinder blocks, have not been issued due to the continuing review of materials mentioned in the cylinder block section of the Phase II report.
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The response-to this item is complete with one other
-exception.
The County had requested roduction of E&DCR 46505 which has not yet been issued.
This document is the implementation mechanism for the-Owners Group DRQR maintenance recommendations.
The maintenance recommendations are shown on the matrix included.in Appendix II of the DRQR Phase II report, which-is already in the possession of the County.
It should be noted that LILCO had previously supplied some of the documents requested in this item, but to avoid. delay, has again reproduced and furnished them to the County.
(13)
Deficiency Reports -- Via Federal Express on-Thursday, July 26, 1984, LILCO sent to the County documents responsive to this item.
'(14)
Museler Memorandum -- Via Federal Express on July 26, 1984, LILCO sent this document to the County pursuant to an understanding with the County that it was being furnished t
pursuant to'a protective agreement governing the earlier production of the handwritten. memorandum relating to this
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. (15)
References Cited in FaAA Reports on Pistons.
Crankshafts, Cylinder Blocks and Cylinder Heads -- These documents were available for review by the County in the Washington, D.C. offices of Hunton & Williams on Friday, July 27, 1984.
(16)
FaAA Crack Standard PAO-C-1 and FaAA NDE Procedure 6.2 -.The NDE procedure was made available for the County's review.in the Washington, D.C. offices of Hunton & Williams on Friday, July 27, 1984.
The crack standard is an actual piece of metal which was not brought to Washington for the County's review.
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(17)
Photocraphs of the Shotoeeninc of the Replacement Crankshafts -- LILCO had offered to make available for the County's review photographs of the secondshot peening.
The County indicated in a telephone conversation on Wednesday, July 25, 1984, that it was most interested in inspecting photographs of the first shotpeening.
LILCO located photograpns of the
-initial shotpeening in the possession of FaAA in Charlotte, North Carolina.. Via Federal Express on Friday, July 27, 1984, FaAA-sunt_those photographs immediately available from its files to.the Washington, D.C. offices of Hunton & Williams for review by the County on Saturday, July 28, 1984.
Lilco is L
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4-verifying with FaAA whether other shotpeening photographs exist
-that may inadvertently have been omitted from those sent to Washington on Saturday.
In the spirit of cooperation encouraged by the Board's Order of~ July 25, 1984, LILCO has used its best efforts immediately te produce the items set forth in the County's Motion to Compel.
LILCO, however, would again point out to the Board that the~ discovery process in this proceeding has been one-sided.
As the Board knows, LILCO has been subjected to extensive discovery by the County during the course of these proceedings and has produced well over 60,000 pages of documents to the County.
Despite LILCO's continued requests, including those made during the course of depositions of the County's consultants and at the close of the conference of parties on July 5, 1984, the County has still failed to produce to LILCO any substantial indication of its consultants' calculations or reports.
The County did provide a tew pages of preliminary and superficial calculations, but has failed to produce more.
In our conversation on July 26, 1984, LILCO reiterated its r,equest and was told that no more calculations or reports were available.
On Saturday, July 28, 1984, however, the County furnished LILCO with five pages of hand-written calculations concerning crankshafts.
I '_ LiLCO has produced or has taken all the measures within its control to produce the items included in the County's
' Motion to Compel.
As of this time only four items (Nos. 4,.6,
9 and 12) have not been produced in their entirety.
As indicated above, several of the documents is response to Item No. 12 are not yet in existence.
The documents in response to Item Nos. 4, 6 and 9 must be produced by TDI.
Most of those documents will probably-be available for production to the County at the beginning of the week of Ju,1y 30, 1984.
The only documents about'which there remains substantial questions are
~the " Professor Wallace Documents" (Item No. 9).
As noted above,.TDI has not yet been able to. locate those documents, but is continuing its efforts.
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.o v LILCO considers that it has substantially complied with production of the documents requested and respectfully requests
'the Board to deny the County's Motion to Compel.
Respectfully submitted, LONG ISLAND LIGHTING COMPANY By b
Counsel
),
E. Milton Farley, III Hunton & Williams 2000 Pennsylvania Avenue, N.W.
P.O. Box 19230 Washington, D.C.
20036 W. Taylor Reveley, III Darla B. Tarletz Hunton & Williams 707 Rast Main Street P.O.
Box 1535 Richmond, Virginia 23212
' Odes L. Stroupe, Jr.
David Dreifus Hunton & Williams 333 Fayetteville Street P.O.
Box 109 Raleigh, North Carolina 27602 Of Counsel DATED:
July 30, 1984
o CERTIFICATE OF SERVICE I hereby certify that copies of LILCO's Answer to Suffolk County's Motion to Compel the Production of Documents were served this date upon the following by first-class mail, postage prepaid, or by hand as indicated by an asterisk:
Lawrence Brenner, Esq.*
Secretary ofthe 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 Licansing Atomic Safety 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 Guggenheimer & Untermyer
- 80 Pine Street Dr. George A.
Ferguson*
New York, New York 10005 Administrative Judge School of Engineering Herbert H.
Brown, Esq.*
Howard University Lawrence Coe Lanpher, Esq.
Room 1114 Alan R. Dynner, Esq.
2300 - 5th Street, N.W.
Kirkpatrick, Lockhart, Hill,
. Washington, D.C.
20059 Christopher & Phillips 1900 M Street, N.W.
8th Floor Washington, D.C.
20036 m -
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- Bernard M. Bordenick, Esq.*
Stephen B. Latham, Esq.
David A. Repka Esq.
Twomey, Latham & Shea Richard J. Goddard, Esq.
33 West Second Street U.S. Nuclear Regulatory Post Office 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 Martin Bradley Ashare, Esq.
New York, New York 10016 Attn: Patricia A. Dempsey, Esq.
County Attorney James Dougherty, Esq.
Suffolk County Department 3045 Porter Street of Law Washington, D.C.
20008 Veterans Memorial Highway Hauppauge, New York 11787 Jonathan D.
Feinberg, Esq.
New York State Mr. Marc W. Goldsmith Department of Public Service Energy Research Group Three Empire State Plaza 4001 Totten Pond Road Albany, New York 12223 Waltham, Massachusetts 02154 Howard L.
Blau MMB Technical Associates 217 Newbridge Road 1723 Hamilton Avenue Hicksville, New York 11801 Suite K San Jose, California 95125 Fabian G. Palomino, Esq.
Special Counsel to the Mr. Jay Dunkleberger Governor New York State Energy Office Executive Chember, Room 229 Agency Building 2 State Capitol Empire State Plaza Albany, New York 12224 Albany, New York 12223 h
E. Milton Parley, III Hunton & Williams 2000 Pennsylvania Avenue, N.W.
Suite 9000 Post Office Box 19230 Washington, D.C.
20036 DATED:
July 30, 1984
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