ML20148P185
| ML20148P185 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/05/1988 |
| From: | Christman J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#288-6017 OL-3, NUDOCS 8804110025 | |
| Download: ML20148P185 (5) | |
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%/,o/7 LILCO, April 5,1988
.t 00CYEfED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 3 g 7 g,g i
FFICE ;i; :g e c;4gy Before the Atomic Safety and Licensing Board OCX i
.,,wct In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station,
) (Best Efforts Issue)
Unit 1)
)
LILCO'S MOTION TO IMPOSE WITNESS DESIGNATION CUT-OFF LILCO hereby asks the Board to rule immediately that Suffolk County and New York State must designate their witnesses on the "best efforts" (realism) issue in time for those witnesses to be deposed by the end of the discovery period on April 15.
LILCO asks the Board to rule that, if such witnesses are not so designated, they may not present evidence by affidavits or by written or oral testimony.
The circumstances of this case, and of this issue, amply justify the relief re-quested herein. The Board is well aware of these circumstances; nevertheless, LILCO summarizes them below.
I. The Circumstances l
The crux of the matter is that less than two weeks remain in the discovery peri-od, and the Intervenors still have not designated any witnesses on the "best afforts" issue.
The discovery period on this issue began March 7 with the Board Order (Setting Hearing and Discovery Schedule) of that date. Six weeks were allowed for discovery, ending April 15, 1988. LILCO promptly filed a short set of interrogatories asking who l
the Intervenors' witnesses would be.II The Intervenors responded on March 23, both 8804110025 800405 PDR ADOCK 05000322 O
PDR 3
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LILCO's First Set of Interrogatories (Mar. 9,1988).
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i the State and County saying that they had not yet designated any witnesses.
LILCO phoned Suffolk County's counsel last Friday, April 1, to ask again if the Intervenors had designated any witnesses, but was not able to reach anyone with the requisite knowledge. Today, LILCO made a written demand upon the County and the State to inform LILCO immediately of the names of Intervenors' proposed witnesses.
Intervenors have f ailed to do so. Thus, as of today, LILCO still does not know the name of any Intervenor witness.
LILCO needs discovery on the "best efforts" issue. What the State and County would do in an emergency is at the core of this issue. Without discovery, LILCO cannot find out, or effectively test, what the Intervenors say they would do in an emergency.
Indeed, the Intervenors may claim that they are the only ones who can say what they would do in an emergency. The Board has stated its expectation that they will be "forthcoming." Memorandum and Order, LBP-87-26,26 NRC 201,216 (1987).
LILCO filed a second set of interrogatories on March 24, asking about the sub-stance of the Intervenors' case. The responses to those interrogatories are due this Thursday, April 7. Although some information may come from the answers to these in-terrogatories, LILCO expe'ts that it will be necessary to depose the Intervenors' wit-nesses to find out anyth!ng significant. LILCO canir Jo so until witnesscs are named.
Even then, it takes a certain smount of time to attange and prepare for a deposition once the deponent is designated as a witness, j
LILCO has waited as long as it reasonably can for the Intervenors to come forth with the names of their witnesses, and still they have not. Accordingly, LILCO must now do the best it can to protect its interests. Accordingly, LILCO is today issuing no-tices of deposition for several State and County people who may know how the State j
and County would respond in a real Shoreham emergency.
i
t In addition, LILCO asks the Board to disqualify any Intervenor witnesses who are named too late to be deposed. LILCO judges this Friday, April 8, to be the last possible date for designation, essuming the Intervenors name only a small number of witnesses.
If they name a large number, then today is alreadj too late to take meaningful depost-l tions by the end of the discovery period.
i U. Conclusion For the reasons stated above, LILCO asks the Board to establish a witness desig-nation cut-off date. No Intervenor witness should be designated unless there is time lef t for him or her to be deposed by Aprt115,1988, including a reasonable time to prc-pare for the deposition. LILCO asks that any Intervenor witness not so designated be i
j forbidden to present evidence, whether by affidavit, by written or oral testimony, or by any other means.
l i
t Respectf ully submitted, h~
i
'dd
.N/hristman
(
James K. Denms Sisk l
Counset for Long Island Lighting Company f
Ilunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: April 5,1988 I
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LILCO, April 5,1988 r
CERTIFICAT[, OF FERVICE 4
In the Matter of LONU ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 6
I hereby certify that copies of LILCO'S MOTION TO IMPOSE WITNESS DESIGNA-TION CUT-OFF were served this date upon the following by telecopier as indicated by orie asterisk, by Federal Express as indicated by two asterisks, or by first-class mall, postage prepaid.
James P. Gleason, Chairman
- Adjudicatory File Atomic Safety and Licensing Board Atomic Safety and Licensing 513 Gilmoure Drive Board Panel Docket Silver Spring, Maryland 20901 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Jerry R. Kline
- Atomic Safety and Licensing Richard G. Bat.hmann, Esq.
- Board U.S. Nuclear Rogulatory Commission U.S. Nuclear Regulatory Commission One White Flint North East-West Towers, Rm. 427 1155d Rockville Pike 4350 East-West Hwy.
Rockville, MD 20852 Bethesda, MD 20814 i
Herbert H. Brown, Esq.
- Mr. Frederick J. Shon
- Lawrence Coe Lanpher, Esq.
l Atomic Safety and Licensing Karla J. Letsche, Esq.
Board Kirkpatrick & Lockhart U.S. Nuclear Regulatory Commission South Lobby - 9th Floor East-West Towers, Rm. 430 1800 M Street, N.W.
4350 East-West Hwy.
Washington, D.C. 20036-5891 l
Bethesda, MD 20814 Fabian G. Palomino, Esq.
- j Secretary of the Commission Richard J, Zahnleuter Esq.
Attention Docketing and Service Special Counsel to the Governor 1
Section F.xecutive Chamber
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U.S. Nuclear Regulatory Commission Room 229 1
1717 E Street, N.W.
State C&pitol Wa.vMngton, D.C. 20555 Albany, New York 12224 Atomic Safety and Licensing Alfred L. Nardelli, Esq.
2 Appeal Board Panel Assistant Attorney General U.S. Nuclear Regulatory Commission 120 Broadway Washington, D.C. 20555 Room 3-118 New York, New York 10271 1
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Spenge W. Perry, Esq.
- Ms. Nera Bredes William R. Cumming, Esq.
Executive Coordinator Federal Emergency Management Shoreham Oppinents' Coalition Agency 195 E.ast Main Street 500 C Street, S.W., Room 840 Smithtown, New York 11787
. Washington, D.C. 20472 i
Evan A. Davis, Esq.
Mr.' Jay Dunkleberger Counserio the Governor Ne/ Yorlt StLte Energy Office Executive Chamber Agency Bailding 2 State Capitol Empire St:ste Plaza Albany, New York 122M Albany, Few York 12223 g
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E. Thomas Boyle, Esq.
SKphen B. Latham, Esq. **
Suffolk County Attorney Twomey, Latham & Shea Building 158 North County Complex
" Veterans Memorial Highway 33 Wut Second Street P.O. Box 298 Hauppauge, New York 11788 Riverhead, New York 11901 Dr. Monroe Schneider Mr. Philip Mc:ntire
' North Shore Committee Federal Emergency Management P.O. Box 231 Agency W1 ding River, NY 11792 7
26 Fer!aral Plaza
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i New Yo'rk, New York 10278
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,,Jbnathan D. Feinberg, Esq.
New York State Department of
,Public Service, Staff Counserj
~l Three Rockefeller Plaza i
Albany, New York 12223 t
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v Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212
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s DATED: April S,1988 d
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