ML20094F993
| ML20094F993 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 08/08/1984 |
| From: | Zahnleuter R NEW YORK, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| OL-3, NUDOCS 8408130162 | |
| Download: ML20094F993 (10) | |
Text
9311 RELATED CC.",T._SIONDENCR UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00CKETE0 ATOMIC SAFETY AND LICENSING BOARD USNRC Before Administrative Judces James A. Laurenson, Chairman Dr. Jerry R.
Kline 84 AT 10 R2:00 Mr. Frederick J.
Shon
!JRCEC" Y..
~?
- ni In the Matter of LONG ISLAND LIGHTING COMPANY Docket No. 50-322-OL-3
)
(Emergency Planning Proceeding)
(Shoreham Nuclear Power
)
August 8, 1984 Station, Unit 1)
)
MOTION OF GOVERNOR MARIO M.
CUOMO, REPRESENTING THE STATE OF NEW YORK AND ON BEHALF OF FRANK-A. CIPRIANI, Ph.D., AND JAMES HINES, TO QUASH SUBPOENAS Pursuant to 10 C.F.R. @2. 720 (f), the State of New York Pereby moves to quash subpoenas requiring Frank A. Cipriani, Ph.D.
and James Hines to testify before this Board at 9 a.m. on August 22,-1984.
The subpoenas require Dr. Cipriani and Mr. Hines to testify regarding letters sent by both individuals-to the American Red Cross disavowing the availability of the facilities under their control as relocation centers within the context of the LILCO Plan.
Upon information and belief, LILCO submitted an application for such subpoenas on July 27, 1984, and the t
hO 322 Q
PDR pp a
Moa c&
y-
~
Administrative Judges.
-August 8,'1984 Page 2 Board issued such subpoenas on July 30, 1984.I On August 6,
- 1984, LILCO served a subpoen. on.Dr. Cipriani in his official capacity as President of the State University of New York at Farmingdale ("SUNY"-Farmingdale).
As of August 6, 1984, no subpoena had been served ou Mr. Hines, but the Board apparently had issued a subpoena to Mr. Hines in his official capacity as District. Superintendent and Executive Officer of the Board of' Educational Services on.the Second Supervisory District of-Suffolk County ("BOCES II").
IAs a' preliminary matter, LILCO's application for issuance'of the subpoenas is erroneous in at least two. respects.
First, LILCO states in footnote 1 of its application that LILCO would have agreed not to seek to compel Dr. Cipriani and Mr. Hines to testify at the hearings had the County and State agreed to make Dr. Cipriani and Mr. Hines available for depositions.
To the contrary, counsel for LILCO expressly-refused to guarantee that LILCO would not seek to compel Dr. Cipriani and Mr. Hines to testify at the hearing even if the County and State were to make them available for depositions.-
In addition, LILCO's " attempt to reach an agreement" (p.
1, line 10 of the first paragraph) merely_ consisted of a request for free rights to discovery, which request was inappropriate and clearly-contrary to the Boards ruling in this matter.
Tr. 12,829 - 12,834.
Second, LILCO's application for issuance of~the subpoenas refers on page 2, line 7, to letters from Dr. Cipriani and Mr. Hines dated July 21, 1984.
The letters disavowing the availability of SUNY-Farmingdale and BOCES II's Occupational Center in Islip as relocation centers under the LILCO plan are dated June 21, 1984, not July 21, 1984.
u
4 a
b ii
.Adm n strative Judges August 8, 1984 Page 3 Pursuant to 10 C.F.R. 52. 720 ( f), a person to whom a subpoena is directed may move to quash to
~
modify the subpoena if it is unreasonable or requires
" evidence not relevant to any matter in issue".
A comparison of LILCO's application for issuance of subpoenas-and LILCO's July 30, 1984 revision of its relocation center' testimony reveals that the standard L
of 10 C.F.R. 52.720(f) has been met; that is, the subpoenas in question are unreasonable and require evidence not relevant-to any' matter in issue at this time.
L-d
(_
~
t Administrative Judges August 8, 1984 Page 4 In the LILCO Plan and in LILCO's first two versions of relocation center testimony, LILCO relied to varying degrees
~
upon SUNY-Farmingdale and BOCES II's Occupational Center in Islip as relocation centers.
On June 21, 1984, both Dr. Cipriani and Mr. Hines wrote letters to the American Red Cross disavowing the availability of the facilities under their control as relocation centers within the context of the LILCO Plan.
LILCO's prrported basis for seeking the issuance of the subpoenas was the following: "[I]t is necessary that Messrs.
Cipriani and Hines appear as witnesses to allow LILCO to adequately explore the contents of the letters."
See p.
2, lines 13-15, of LILCO's application for issuance of the subpoenas.
LILCO also stated that the purpose of the subpoenas was to require Dr. Cipriani and Mr. Hines "to discuss the use of their f acilities as relocation centers" in connection with the LILCO Plan.
See p.
2, lines 19, 20, of LILCO's application for issuance of the subpoenas.
Thus, the rationale underlying LILCO's application for the subpoenas was to explore the unavailability of facilities upon which the LILCO Plan explicitly relied.
That rationale no longer exists, however, because LILCO no longer relies upon SUNY-Farmingdale and BOCES II's Occupational Center in Islip as relocation centers.
L.
p-4 Administrative Judges August 8, 1984 Page 5 This is evident from LILCO's recently submitted third version of testimony on the relocation center issues.
LILCO's most recent version of its testimony concerning relocation centers (see the July 30, 1984 version)actually concedes the unavailability of SUNY-Farmingdale and BOCES II's Occupational Center in Islip.
For example, LILCO's latest relocation center testimony analyzes the current state of affairs and concludes that SUNY-Farmingdale and BOCES II's Occupational Center in Islip "cannot be relied upon in the LILCO Plan".
See p.
15, lines 4-8, of the July 30, 1984 version of LILCO's relocation center testimony.
The same testimony never even mentions, cites in support, or refers to, any agreements supposedly existing between BOCES II and LILCO or the Red Cross concerning the Occupational Center in Islip.
Further, LILCO states in its pleading concerning legal authority issues:
"All relocation centers used for the LILCO Plan will be in Nassau County". (Emphasis added).
See p.
74, lines 18, 19 of LILCO's motion for summary disposition of the legal authority issues, dated August 6, 1984.
BOCES II's occupational Center in Islip is well within the confines of Suffolk County.
Moreover, the same testimony states on
- Jiw
]:
s._
- Administrative. Judge August 8, 1984 Page 6
-page 15,jlines 16-23, that LILCO.will work with the-Red Cross
~
'to designate sometime in the future phantom facilities which 1the Red Cro'ss "might" use as relocation centers.
The fair
~ implication:of such a statement-is not on'ly that SUNY-Farmingdale and'B0CES II's Occupational Center in Islip are not relied upon by'LILCO, but that, currently,"no specific relocation
- centers'at all are relied upon by LILCO.
This implication is supported by LILCO's statements on page 16, lines 1-4.
LILCO states therein that LILCO will, in the future,'obtain agreements allowing LILCO access to such unspecified
. relocation centers to-provide monitoring and decontamination services.
Consequently, the issue of whether the two facilities are'available for LILCO's use in implementing the LILCO Plan is no longer an issue in this proceeding.
These statements in LILCO's testimony and pleadings provide.that LILCO no longer relies upon the availability of SUNY-Farmingdale and BOCES II's Occupational Center in Islip as-relocation centers in the event of a radiological
- emergency at Shoreham.
Therefore, any questioning of n
~. -
. s.
Administrative Judges August 8,'1984 Page 7 Dr. Cipriani or Mr. Hines on this issue would be irrelevant and would be of no consequence or significance to any contested issue.
Therefore, the subpoenas directed to Dr..Cipriani and Mr. Hines should be quashed.
Respectfully submitted, MARIO CUOMO GOVERNOR OF THE STATE OF NEW YORK FABIAN G.
PALOMINO Special Counsel to the Governor of the S ate of New York
-.. L
,,)
'YW$ k B
RICHARDJ.hMNbER,ESO..
Assistant.t d he Special Counsel to the Governor.of the State of New. York Albany, New York b
(.
o M
UNITED STATES OF AMERICA NUCLEAR REGJLATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges James A. Laurenson, Chairman Dr. Jerry R.
Kline
.Mr.
Frederick J.
Shon DCLKETED
)
USNRC In the Matter of
)
)
Docket' 0- 22-OL-3 LONG ISLAND LIGHTING. COMPANY
)
(Emergen N
n@29ebeeeding)
)
(Shoreham Nuclear Power Station, )
^"T93kg f./ ;M8 r
Unit 1)
)
DCCKETihG & SEW:u
)
BRANCH
)
CERTIFICATE OF SERVICE I hereby certify that one copy of the MOTION OF GOVERNOR MARIO M. CUOMO, REPRESENTING THE STATE OF-NEW YORK AND ON BEHALF OF FRANK A. CIPRIANI, Ph.D.,
AND JAMES HINES, TO QUASH SUBPOENAS l
has been served to each of the following this 8th day ofAugust 1984 by U.
S. Mail, first class, except as otherwise noted:
- *
- James A. Laurenson, Chairman Ralph Shapiro, Esq.
Atomic Safety and Licensing Board Cammer and Shapiro U.S. Nuclear Regulatory Commission 9 East 40th Street Washington, D.
C.
20555 New York, New York 10016 o*
- Dr. Jerry R.
Kline Howard L. Blau, Esq.
Administrative Judge 217 Newbridge Road
. Atomic Safety and Licensing Board Hicksville, New York 11801 U.S. Nuclear Regulatory Commission Washington, D. C.
20555
- W.
Taylor Reveley III, Esq.
Hunton & Williams
- Mr.
Frederick J.
Shon P. O. Box 1535 Administrative Judge 707 East Main Street Atomic Safety and Licensing Board Richmond, Virginia 23212 U.S. Nuclear Regulatory Commission Washington, D.
C.
20555 L
1 Mr. Jay Dunkleberger Marc W. Goldsmith New York State Energy Office Energy Research Group, Inc.
Agency Building 2 400-1 Totten Pond Road l
Empire State Plaza Waltham, Massachusetts 02154 Albany, New York 12223 MHB Technical Associates dERREXRXXRAM5h2K%YXX%MMg 1723 Hamilton Avenue, Suite K 1RtiXRmKrurXStrant3XXXX2MX San Jose, California 95125 WKKMincJteNXXEXXEXXX2:0Xt02<
Honorable Peter F. Cohalan Mr. Brian McCaffrey Suffolk County Executive Long Island Lighting Company H. Lee Dennison Building Shoreham Nuclear Power Station Veterans Memorial Highway P. O.
Box 618 Hauppauge, New York 11788 North Country Road Wading River, New York 11792 Ezra I. Bialik, Esq.
Assistant Attorney General Martin Bradley Ashare, Esq.
Envirommental Protection Bureau Suffolk County Attorney New York State Department of Law H. Lee Dennison Building 2 World Trade Center Veterans Memorial Highway New York, New York 10047 Hauppauge, New York 11788 Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.
C.
20555 Washington, D. C.
20555 Stewart M. Glass, Esq. * **
Docketing and Service Section Regional Counsel Office of the Secretary Federal Emergency Management U.S. Nuclear Regulatory Commission Agency 1717 H Street, N.W.
26 Federal Plaza, Room 1349 Washington, D. C.
-20555 New York, New York 10278 Bernard M. Bordenick, Esq.***
Nora Bredes David A.
Repka, Esq.
Executive Director U.S. Nuclear Regulatory Commission Shoreham Opponents Coalition Wasnington, D. C.
20555 195 East East Main Street Smithtown, New York 11787 Stuart Diamond Environment / Energy Writer.
Eleanor L. Frucci, Esq.
NEWSDAY Atomic Safety and Licensing Long~ Island, New York 11747 Board Panel U.S. Nuclear Regulatory Commission Stephen B. La' tham, Esq.
Washington, D. C.
20555 Twomey, Latham & Shea P. O. Box 398 33 West Second Street Riverhead, New York 11901 a
Herbert H. Brown, Esq. * *
- Lawrence Coe Lanpher, Esq.
Karla J. Letsche, Esq.
1900 M Street N. W.,
Suite 800 Washington, D. C.
20036 Spence Perry, Esq.
Associate General Counsel Federal Emergency Management Agency Washington, D. C.
20472
,_ /8 fDh 'l/,0
/?
/
'Aktf$'l,_
'I./
' RICHARD J.
ZAHNLEUTER Assistant to\\thdLSp'ecial Counsel to the Goveri{or of the State of New York Executive Chamber State Capitol Albany, New York 12224
- By Hand
- By Federal Express
- By Teleccpier - in addition to service by first class mail
- By U.S.
Express Mail Albany, New York
- -