ML20147H842
| ML20147H842 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/04/1988 |
| From: | Zahnleuter R NEW YORK, STATE OF |
| To: | LONG ISLAND LIGHTING CO. |
| References | |
| CON-#188-5750 OL-3, NUDOCS 8803090082 | |
| Download: ML20147H842 (7) | |
Text
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000KETE0 USNBC DATE:
March 4, 1988
'88 MAR -7 P2 :49 UNITED STATES OF AMERICA 0FFICE U Sni'FiAny NUCLEAR REGULATORY COMMISSION 00CXE TeNG 4 Ovict BhANCH Before the Atomic Safety and Licensina Board In the Matter of
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IONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-3
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(Emergency Planning)
(Shoreham Nuclear Power Station,
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Unit 1)
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RESPONSE OF THE STATE OF NEW YORK TO LILCO'S SECOND SET OF REQUESTS FOR ADMISSIONS REGARDING ROLE CONFLICT OF SCHOOL BUS DRIVERS This is the State of New York's response to "LILCO's Second Set of Requests for Admissions to New York State," dated February 23, 1988 ("LILCO's Second Set of Requests for Admissions").
This response is being made with the understanding that LILCO commits "to dispense with Mr. Papile's deposition, and not seek a subpoena from the Board," as stated by LILCO's counsel (Mr.
Christman) in his letter of February 23, 1988.
The State of New York objects to LILCO's Second Set of Requests for Admissions on the ground that it constitutes untimely, improper, last-minute discovery.1 The Board's M
"Governments' Response to Board Request for Schedule 1
Proposals and Motion to Reconsider Discovery of Orders," dated March 1, 1988, at 11.
8803090002 000304
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February 19, 1988 Memorandum and Order makes no statement about extending'"the discovery period in part to give us time to resolve this dispute," as LILCO's counsel alluded to in his February 23, 1988 letter.
What the Memorandum and Order does say is that the Board extended discovery from February 19, 1988 to February 26, 1988 "for the purpose of completing depositions on designated witnesses."
Since'the State of New York has not designated Mr. Papile as a witness, and since LILCO's Second Set of Requests for Admissions is not a deposition, LILCO's Second Set of Requests for Admissions is an untimely, unauthorized form l
of discovery.
Without waiving this objection, the State of New York responds as follows.
LILCO's Resuests for Admissions Nos. 7-8 7.
Bus driver training conducted in accordance with plans for nuclear plants in New York State other than Shoreham does not address caring for families of bus drivers in emergencies.
Response of the State of New York to LILCO's Second Set of Interregatories and Requests for Production of Documents Regarding Role Conflict of School Bus Drivers and Amendment and Supplementation of the State of New York's Response to LILCo's l
First Set of Interrogatories and Requests for Production of Documents Regarding Role Conflict of School Bus Drivers (Jan.
27, 1988) at 6 (Interrogatory No. 27).
t Resoonse:
The State of New York admits that the pleading i
referenced in LILCO's Request for Admissions No. 7 contains the
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i following statement, which was verified as being true then and remains true now:
"Without agreeing to the relevancy of this interrogatory, upon information and Celief, bus driver training l
t conducted in accordance with plans for nuclear. plants in New York State other than Shoreham does not address caring for families of bus drivers in emergencies."
8.
Other than information or documents submitted or developed in the emergency planning proceedings in 1983-1984, the State of New York has not been able, to date, to locate any instances of bus drivers, in any emergency, attending to the safety of their own families before reporting to perform their bus driving duties.
Id. at 4 (Interrogatory No. 24); Response of the State of New York to LILCO's Third Set of Interrogatories and Requests for Production of Documents Regarding Role Conflict of School Bus Drivers (Feb. 10, 1988) at 8-10 (Interrogatory Nos.
35-37).
Resoonse:
The State of New York admits that the pleading referenced in LILCO's Request for Admissions No. 8 contains the following statement concerning LILCO Interrogatories Nos. 35-37, which statements were true then and are true now, with one qualification:
"Other than information or documents submitted or developed in the emergency planning proceedings in 1983-1984, the State of New York has not been able, to data, to locate any responsive information or documents within the possession, custody or control of the State of New York."
The qualification is that, upon information and belief, instances of bus drivers l
attending to the safety of their own families before reporting to perform their bus driving duties in any emergency have been referenced or discussed in discovery, such as depositions, of which LILCO is fully aware, that has occurred subsequent to the filing of the pleading referenced in LILCO's Request for Admissions No.
8.
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9 Abh Fibian G.
a 6,4(o Ricnard J.
ahnleuter Special Counsel to the Governor Attorneys for Mario M. Cuomo, Governor, and the State of New York-4
Ir;y i
US l C
-7 P2:49 DATE: March 4, 198 b C$llk'4 jfdvict; hf f IAni ggjgg UNITED STATES OF AMERICA NUCLEAR REGUIATORY COMMISSION Before the Atomic Safety and Licensina Board In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-3
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(Emergency Planning)
(Shoreham Nuclear Power Station
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Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of the "Response of the State of New York to LILCO's Second Set of Requests for Admissions Regarding Role Conflict of School Bus Drivers" have been served on the following this 4th day of March 1988 by U.S. mail, first class, except as noted by asterisks.
l Mr. Frederick J. Shon Spence W.
Perry, Esq.
Atomic Safety and Licensing Board William R. Cumming, Esq.
U.S. Nuclear Regulatory Commission Office of General Counsel, Washington, D.C.
20555 Federal Energency Management Agenc 500 C Street, S.W.,
Room 840 Washington, D.C.
20472 Mr. James P. Gleason, Chairman Dr. Jerry R. Kline Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555' I
i
4 Anthony F. Earley, Jr.,.Esq.
Joel Blau, Esq.
General Counsel Director, Utility Intervention Long Island Lighting Company N.Y. Consumer Protection Board 175 East Old Country Road Suite 1020 Hicksville, New York 11801 Albany, New York 12210 Ms. Elisabeth Taibbi Mr. Donald P. Irwin
' clerk Hunton & Williams Suffolk County Legislature 707 East Main Street Suffolk County Legislature lP.O. Box 1535 Office Building Richmond, Virginia 23212 Veterans Memorial Highway Hauppauge, New York 11788 Mr. L.F. Britt Stephen B.
Latham, Esq.
-Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power Station 33 West Second Street North Country Road Riverhead, New York 11901 Wading River, New York 11792 Ms. Nora Bredes Docketing and Service Section Executive Director Office of the Secretary.
Shoreham Opponents Coalition U.S. Nuclear Regulatory Commission 195 East Main Street 1717 H Street, N.W.
Smithtown, New York 11787 Washington, D.C.
20555 Adrian Johnson, Esq.
Hon. Patrick G. Halpin New York State Department of Law Suffolk County Executive 120 Broadway, 3rd Floor H. Lee Dennison Building Room 3-16 Veterans Memorial Highway New York, New York 10271 Hauppauge, New York 11788 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee Suite K P.O.
Box 231 San Jose, California 95125 Wading River, New York 11792 E. Thomas Boyle Lawrence Coe Lanpher, Esq.
Suffolk County Attorney Kirpatrick & Lockhart Building 158 North County Complex 1800 M Street, N.W.
Veterans Memorial Highway South Lobby - Ninth Floor Hauppauge, New York 11788 Washington, D.C.
20036 Mr. Jay Dunkleburger George Johnson New York State Energy Office U.S. Nuclear Regulatory Commission i
Agency Building #2 Washington, D.
C.
20555 l
Empire State Plaza Albany, New York 12223 i
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Mr. James P. Gleason Douglas J. Hynes Chairman Town Board of Oyster' day Atomic Safety and Licensing Board Town Hall 513 Gilmoure Drive Oyster Bay, New York 11771 Silver Spring, MD 20901 David A. Brownlee, Esq.
Mr. Philip McIntrie Kirkpatrick & Lockhart FEMA 1500 Oliver Building 26 Federal Plaza Pittsburgh, Pennsylvania 15222 New York, New York 10278 Mr. Stuart Diamond Business / Financial NEW YORK TIMES 229 W.
43rd Street l
l Richard J.
ahh j2' ter, Esq.
Deputy Sp c alTounsel to the Governor Executive Chamber Capitol, Room 229 Albany, New York 12224 (518) 474-1273 By Telecopier By Federal Express t
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