ML20094E904
| ML20094E904 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 08/07/1984 |
| From: | Farley E HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| OL, NUDOCS 8408090411 | |
| Download: ML20094E904 (6) | |
Text
r 873 "turro cmsmuoEuce LILCO, August 7, 1984 UNITED STATES OF AMERICA 0
NUCLEAR REGULATORY COMMISSION ED Before the Atomic Safety and Licensino Nhkrdgg,p All:1 bh(($,3Eebh)??
F In the Matter of
)
s
)
B LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-3 L
)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
LILCO'S MOTION TO COMPEL THE IDENTIFICATION OF WITNESSES OFFERING SPECIFIC ELEMENTS OF TESTIMONY REGARDING SUFFOLA COUNTY'S EMERGENCY DIESEL GENERATOR CONTENTIONS Pursuant to 10 C.F.R.
$5 2.743(a) and (c), the Long Island Lighting Company ("LILCO") moves the Board for an order compelling Suffolk County to specify the identity of the witness (or witnesses) sponsoring each response included in the testimony it filed on July 31, 1984.
Unless such specifications are provided, LILCO will be unable to challenge effectively the qualifications of witnesses to offer a particular item of testimony and will be hindered in its cross-examination of witnesses concerning specific evidentiary points.
Almost nowhere in 184 pages of its testimony concerning the Shoreham emergency diesel generators does Suffolk County specify the identity of the witness or witnesses offering a particular response.
LILCO cannot determine the source (or sources) of any element of the wide-ranging testimony the r
8408090411 840807 PDR ADOCK 05000322 Q
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. County has offered.
Consequently, LILCO is unable to evaJuate the qualifications of the proponent of any response to testify as an expert to the matters alleged.1/
LILCO thus has been precluded from advancing all the grounds for striking suffolk County's testimony that may be available.
This result is contrary to the spirit of the Commission's rules on the admission of evidence in licensing proceedings / and is, 2
moreover, inconsistent with the Federal Rules of Civil Procedure governing the use of expert testimony in civil actions.2/
The County's failure to provide the identity of the proponen; of each element of the Joint Testimony will also unduly complicate LILCO's task in cross-examining the County's witnesses.
Without knowing the identity of the proponent of testimony it wishes to challenge, LILCO will be required to 1/
Indeed, LILCO has been able to raise such challenges only where it is clear that none of the County's witnesses possess the necessary qualifications.
2/
Cf. 10 C.F.R. 5 2.743(c) (only relevant, material and reliable evidence which is not unduly repetitious will be admitted) (emphasis added).
3/
Fed.
R. Civ.
P.
26(b)(4)(A)(i) (a party may require any other party to identify ~each expert vitness to be called, to state the subject matter on which the expert will testify and to state the substance of the facts and opinions to which the expert will testify).
See Clark v. General Motors Corp., 20 Fed.
R. Serv. 2d (Callaghan) 679, 683-84 (D. Mass. 1975)
(ordering responses to interrogatories asking for the identity and qualifications of experts), citina United States v. Meyer, 398 F.2d 66, 72 (9th Cir. 1968).
o
. consume substantial time in attempting to test a particular assertion, opinion or conclusion.
As a result, the progress of the hearing will be substantially slowed.
Indeed, the confusion resulting from the County's failure to associate individual witnesses with specific testimony could effectively deprive LILCO of its right to " conduct such cross-examination as may be required for full and true disclosure of the facts."
10 C.F.R. S 2.743(a).
Cf. Fed.
R. Civ.
P.
26(b)(4)(A)(i).
In these circumstances, the Board should direct Suffolk
/
County to identify the witness (or witnesses) responsible for each element of the testimony it filed on July 31, 1984.
Cf.,
e.g.,
Rupp v.
Vock & Weiderhold, Inc., 52 F.R.D.
111, 113-14 (E.D. Ohio 1971) (directing plaintiffs to identify expert witnesses and to state more precisely the subject matter upon which each is to testify).
In order to afford LILCO adequate time to plan its cross-examination, the Board should direct Suffolk County to serve the requested identification of witnesses by August 24, 1984 (four days prior to the date on which cross-examination plans are due).1/
4/
Upon receiving the County's specification of witnesses, LILCO may seek leave to supplement its motion to strike portions of the County's direct testimony to include additional challenges to the competence of witnesses to offer specific testimony.
m.__
h
, 1 CONCLUSION For the reasons stated above, the Board should direct Suffolk County to specify by kigust 24, 1984 the identity of the witness or witnesses sponsoring each response contained in the testimony it filed on July 31, 1984.
Respectfully Submitted, LONG ISLAND LIGHTING COMPANY d'ACCA242 9f6 E. Milton Far' ley, II g7 6/
Hunton & Williams 2000 Pennsylvania Ave.,
N.W.
P.O.
Box 19230 Washington, D.C.
20036 W.
Taylor Reveley,III Robert Rolfe Anthony Earley Darla Tarletz Hunton & Williams 707 East Main Street P.O. Box 1535
- Richmond, Virginia 21212 Odes L.
Stroupe, Jr.
David Dreifus Hunton & Willians 333 Fayetteville Street P.O.
Box 109 Raleigh, North Carolina 27602 DATED:
August 7, 1984
Of
~
LZLCO, August 7, 1984 d
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-a..
CJkSSJ CERTIFICATE OF SERVICE d..,
N4 In the Matter of ggg '9 LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Erg,,f,
I */$
Docket No. 50-322 (OL)
"JCr?,73n A
I hereby certify that copies of LILCO'S MOTION TO STRIKE PORTIONS OF THE JOINT DIRECT TESTIMONY OF DR. ROBERT N.
ANDERSON, PROFESSOR STANLEY G. CHRISTENSEN, G. DENNIS ELEY, ANEESH BAKSHI, DALE G.
BRIDENAUGH AND RICHARD B. HUBBARD AND LILCO'S MOTION TO COMPEL THE IDENTIFICATION OF WITNESSES KOFFERING SPECIFIC ELEMENTS OF TESTIMONY REGARDING SUFFOLK COUNTY'S EMERGENCY DIESEL GENERATOR CONTENTIONS were served this date upon the following by first-class mail, postage pre-paid, or (as indicated by one asterisk) by hand, or (as indi-cated by two asterisk) by Federal Express.
Judge Lawrence Brenner, Esq.*
Chairman Atomic Safety and Licensing Board, United States Nuclear Regulatory Commission Atomic Safety and Licensing Washington, DC 20555 Board Panel U.S. Nuclear Regulatory Dr. Peter A. Morris
- Commission Administrative Judge Washington, D.C.
20555 Atomic Safety and Licensing Board, United States Martin Bradley Ashare, Esq.**
l Nuclear Regulatory Commission Attn:
Patricia A.
Dempsey, Esq.
l Washington, DC 20555 County Attorney Suffolk County Department of Law Dr. George A.
Ferguson*
Veterans Memorial Highway Administrative Judge Hauppauge, New York 11787 l
Atomic Safety and Licensing l
Board Panel Edwin J. Reis, Esq.*
School of Engineering Bernard M.
Bordenick, Esq.
l Howard University Office of the Executive Legal l
2300 6th Street, N.W.
Director Washington, D.C.
20059 U.S. Nuclear Regulatory Commission l
Secretary of the Commission
- Washington, D.C.
20555 l
U.S. Nuclear Regulatory Commission Herbert H.
Brown, Esq.*
Washington, D.C.
20555 Kirkpatrick, Lockhart, Hill, I
Christopher & Phillips Atomic Safety and Licensing 1900 M Street, N.W.
Appeal Board Panel 8th Floor U.S. Nuclear Regulatory Washington, D.C.
20036 Commission Washington, D.C.
20555 l
, 4 Fabian G. Palomino, Esq.**
Mr. Marc W. Goldsmith Special Counsel to the Energy Research Group Governor 4001 Totten Pond Road Executive Chamber, Room 229 Waltham, Masschusetts 02154 State Capitol Albany, New York 12224 MHB Technical Associates 1723 Hamilton Avenue Jonathan D.
Feinberg, Esq.**
Suite K New York State San Jose, California 95125 Department of Public Service Three Empire State Plaza Mr. Jay Dunkleberger Albany, New York 12223 New York State Energy Office Agency Building 2 Robert E. Smith, Esq.**
Empire State Plaza Guggenheimer & Untermyer Albany, New York 12223 80 Pine Street New York, New York 10005 Stephen B.
Latham, Esq.**
(diesels only)
Twomey, Latham & Shea 33 West Second Street Howard L.
Blau P. O. Box 398 217 Newbridge Road Riverhead, New York 11901 Hicksville, New York 11801 James B. Dougherty, Esq.
Ralph Shapiro, Esq.
3045 Porter Street Cammer and Shapiro, P.C.
Washington, D.C.
20008 9 East 40th Street New York, New York 10016
/
- t. Milton Farley, [ /
i Hunton & Williams 707 East Main Street Richmond, Virginia 23219 DATED:
August 7, 1984
_.