ML20098B824
| ML20098B824 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 09/24/1984 |
| From: | Dynner A KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| OL, NUDOCS 8409260301 | |
| Download: ML20098B824 (8) | |
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SUFFOLK COUNTY F42Wca UNITED STATES OF AMERICA
'84 SEP 25 P5$0 NUCLEAR REGULATORY COMMISSION Before'the Atomic Safety and Licensing BhaTd f
3;.NC 1
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL
)
-(Shoreham Nuclear. Power Station,
)
Unit 1)
)
)
SUFFOLK COUNTY'S RESPONSE TO LILCO'S MOTIOM TO ADMIT' SUPPLEMENTAL TESTIMONY ON SUFFOLK COUNTY CONTENTION REGARDING CYLINDER BLOCKS On Friday, September 21, counsel for Suffolk County received LILCO's Motion to Admit Supplemental Testimony on Suffolk County Contention Regarding Cylinder Blocks, dated September 20, 1984, together with the Supplemental Testimony attached.
This Motion
-thus arrived the Friday before the Monday on which the County is likely to begin. cross-examination of the LILCO witness panel on their cylinder block testimony filed August 14, 1984.
Suffolk County agrees with LILCO that the proferred Supple-mental Testimony concerns matters relevant and material to the
~
.ajudication of the County's contentian on cylinder blocks.
The Supplemental Testimony discloses for the first time to the Board and-parties the existence of'significant new information concern-ing the. cracks ia the tops of the blocks and in the camshaft
-gallery area of the blocks.
It also discloses for the first time i
8409260301 840924 PDR ADOCK 05000322 i
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- D 5 to the Board and parties that another type of crack -- circum-ferential cracks -- have been found in the block of EDG 103.
LILCO's Motion and its Supplementary Testimony do not state when'LILCO discovered this new information, except that it was after August 14, 1984.
In fact, it appears-that LILCO knew this information even before the hearing began'and withheld it from the Board and parties until now.
During the telephone conference with the Board and parties on September 6, counsel for Suffolk County sdvised the Board that he had been told by LILCO's counsel that LILCO intended to file supplementary testimony on the cylinder blocks.
LILCO did not disclose the existence of the new informa-tion-then, and even failed to disc 1cse it when LILCO's counsel at t3e hearing mentioned the issue of supplemental block testimony to the Board.
See Tr. 22,911-12.
LILCO's Motion states that the new information concerning the blocks is subject to the McGuire rule.
Therefore, it should have promptly been disclosed to the Board and parties.
There is no excuse.for LILCO's withholding this information until the cylinder blcck cross-examination is about to begin, and then revealing its existence only in the form of conclusionary and adverserial written testimony.
A review of the Supplemental Testimony shows that it is based upon information of relevance and materiality to the entire issue
'of the adequacy of the cylincar blocks.
First, it discloses that
" extensive non-destructive and dectructive examinations" have been carried out on the cam gallery cracks of EDG 103, from which LILCO's witnesses reach new and revised conclusions concerning
1 these cracks.
Second, it discloses that FaAA's measurements of crack depths, as reported in the FaAA Block Report and prefiled testimony, may have been faulty, and on this basis revised the cumulative damage index calculation made-by FaAA.
Third, it discloses that circumferential cracks have been found in one block, suggests such cracks may exist in the blocks for EDGs 101 and 102, and reaches conclusions about the significance of these cracks.
Suffo.'.k County believes that the most important issue at hand is not whether.LILCO's Supplementary Testimony should at some point be admitted.
Rather, the issue is that LILCO has now
-disclosei for the first time that significant new information concerning the cylinder blocks exists, information which is by LILCO's own admission relevant and material to the ajudication of the. cylinder block contention.
Suffolk County would be severely prejudiced unless it is given an opportunity to discover and evaluate this new information and, if appropriate, file its own direct supplementary testimony regarding the issues raised by the new information.
Immediately upon receiving LILCO's Motion on Friday, the County's attorney sent the Supplemental Testimony to the County's experts by Federal Express to request assistance in determining what discovery would be necessary.1!
He telephoned counsel for the Staff and was informed that the Staff had not yet been served LILCO's Motion.
The County's counsel then telephoned counsel for 1/
Professor Anderson, the County's metallurgical expert, is out-of-town until Monday, September 24, and will not receive the material until then.
L
4-LILCO to request LILCO's agreement to provide voluntary discovery of the new information and to support the County's position that the hearing should be suspended until discovery is completed and the new information evaluated.
LILCO rejected these requests.
Accordingly, Suffolk County requests that this-Board (i) upon completion of~the cross-examination of Professor Sarsten regarding the County's crankshaft contention, suspend the hearing until fur-ther notice in order to give Guffolk County an opportunity for
- discovery of the new information (the existence of which is dis-closed in LILCO's Supplemental Testimony), evaluation thereof, and, if warranted, the filing of supplemental testirony thereon, and (ii) defer ruling on LILCO's Motion until after the County has
- completed its discovery and evaluation.
-Suffolk County realizes that suspension of the hearing is a significant inconvenience to the Board, the parties, and all
. witnesses, including those of the County.
However, fairness and due process in this proceeding require this unusual step.
LILCO has consistently urged an overly expeditious litigation schedule, has opposed the Staff's request for a short delay, and now, in the middle of the hearing, has blind-sided the Board and Suffolk County by revealing the existence of important new information relevant to the cylinder blocks just a few days before litigation
- on that component is to begin.
Under these circumstances, LILCO can hardly-be heard to complain about necessary delay brought about by its own failure to do a more complete examination of the EDG 103 block earlier and by its own action in withholding important new information.
L
a Finally, we. recognize that one way to avoid suspending the hearing might be to reschedule the order of the proceeding to complete litigation of piston skirts and crankshafts pending discovery and evaluation of the cylinder block information.
That alternative would penalize the County.
First, the County's witness panel has not yet been adequately prepared to be cross-examined.
Many of them have been involved only in assisting the County's attorneys with their cross-examination of LILCO's witness panel during the past few weeks.
Jecond, the County has the same expert witness panel for all components.
These experts could not possibly be involved in preparing for and undergoing cross-examination on pistons and crankshafts, while at the same time analyzing new information discovered on the cylinder blocks and, possibly,' preparing supplemental testimony.
For the foregoing reasons, Suffolk County urges this' Board to
-grant the County's requests to suspend the hearing pending dis-covery'and evaluation of the new evidence on cylinder blocks.
Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788
= - - -
Herbert H.
owy Alan Roy D nner Joseph J.
Brigati Douglas J.
Scheidt KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 Attorneys for Suffolk County September 24, 1984
~'
00tKETED uaRC UNITED STATES OF AMERICA 84 SEP 25 P300 NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board 9 IELMt@f
nocg &i & Std
~
W HCH
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL
)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY'S RESPONSE TO LILCO'S MOTION TO ADMIT SUPPLEMENTAL TESTIMONY ON SUFFOLK COUNTY
' CONTENTION REGARDING CYLINDER BLOCKS, dated September 24, 1984, have been-served on the following this 24th day of September 1984 by U.S. mail, first class, except as otherwise noted.
Lawrence'J. Brenner, Esq.*
MH3 Technical Associates Administrative Judge 1723 Hamilton Avenue Atomic Safety and Licensing Board Suite K U.S.
Nuclear Regulatcry Commission-San Jose, California 95125
. Washington, D.C.
20555 E. Milton Farley, III, Esq.*
Dr. George A. Ferguson*
Hunton & Williams Administrative. Judge P.O. Box 19230
. Atomic Safety and Licensing Board 2000 Pennsylvania Ave.,
N.W.-
School of Engineering Washington, D.C.
20036 Howard University 2300 6th Street, N.W.
Odes L. Stroupe, Jr., Esq.
Washington, D.C.
20059 Hunton & Williams-333 Fayetteville Street Dr. Peter A. Morris
- Raleigh, North Carolina 27602 Administrative Judge Atomic Safety.and Licensing Board Mr. Jay Dunkleberger U.S. Nuclear Regulatory Commission New York State Energy Office Kashington, D.C.
20555 Agency Building 2 Empire State Plaza Edward M.
Barrett, Esq.
Albany, New York 12223 General Counsel Long. Island Lighting Company James B. Dougherty, Esq.
250 Old Country Road 3045 Port.er Street, N.W.
Mineola, New York 11501 Washington, D.C.
'20009
= -
q v Robert E.
Smith, Esq.
Stephen B. Latham, Esq.
Guggenheimer a Untermyer Twomey, Latham.& Shea 80-Pine. Street P.O.
Box 398 New York, New York 10005 33 West Second Street Riverhead, New York 11901 Mr. Brian R.'McCaffrey
.Long Island Lighting Company Mr. Frank R.
Jones Shoreham Nuclear Power Station Deputy County Executive P.O. Box-618 H.
Lee Dennison Building North Country Road Veterans Memorial Highway Uading. River, New York 11792 Hauppauge, New York 11788 Joel Blau,-Esq.
Mr. Stuart Diamond
'New York Public Service Commission Business / Financial The Governor Nelson A. Rockefeller NEW YORK TIMES Building.
~ Empire State Plaza Albany, New York 12221 Hon.. Peter F. Cohalan Suffolk County Executive Martin Bradley Ashare, Esq.
H. Lee Dennison Building Suffolk County Attorney Veterans Memorial Highway H. Lee Dennison Building Hauppauge, New York 11788
' Veterans Memorial Highway Hauppauge,.New York 11788 Fabian Palomino,-Esq.#
Special Counsel to the Atomic Safety and Licensing Board Governor Panel Executive Chamber U.S. Nuclear Regulatory Commission Room 229 Washington, D.C.
20555 State Capitol Albany, New York 12224 Docketing and Service Section Office of the Secretary.
Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Appeal Board 1717 H. Street, N.W.
U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Edwin J. Reis, Esq.*
Bernard M. Bordenick, Esq.
Jonathan D. Feinberg, Esq.
Richard J. Goddard, Esq.
Staff Counsel Office of Exec. Legal-Director New York State Public
-U.6. Muclear Regulatory' Commission Service Commission Washington, D.C.
20555 3 Rockefeller Plaza Albany, New York 12223
a
-3 Stewart M.. Glass, Esq.
Regional Counsel-Federal Emergency Management Agency 26' Federal Plaza
- w^
Alan Roy Dyn r 'f KIRKPATRICK.LOCRART, HILL,
. CHRISTOP R& PHILLIPS 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 DATE:- September 24, 1984 By Federal Express By Hand. Delivery 1
1
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