ML20149D846

Motion to Set Hearing Schedule & to Prohibit Designation of Addl Witnesses on Role Conflict.* Requests Board to Set Hearing Schedule & Rule That Designation of New Witnesses on Issue Will Not Be Allowed.W/Certificate of Svc

ML20149D846
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/05/1988
From:	Christman J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
References
CON-#188-5549 OL-3, NUDOCS 8802100042
Download: ML20149D846 (5)

Text

f(s/ S Stf f LILCO, February 5,1988 5

00CKETED U5NHC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '88 FE8 -8 P3 5%

OFFICE OF !ELRETM <

Before the Atomic Safety and Licensing Board [;[jhc F' In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

) (Emergency Planning)

(Shoreham Nuclear Power Station, ) (School Bus Driver Issue)

Unit 1) )

MOTION TO SET HEARING SCHEDULE AND TO PROHIBIT THE DESIGNATION OF ADDITIONAL WITNESSES ON "ROLE CONFLICT" With this motion LILCO asks two things. First, it asks the Board to set a hearing schedule for the school bus driver "role conflict" issue. Second, it asks the Board to rule that the designation of new witnesses on that issue will not be allowed, except insofar as the Board's future ruling on LILCO's motion in limine expands the issues to be litigated.

I. Request for Hearing Schedule This motion to set a hearing schedule is in the nature of an amendment to LILCO's earlier request, LILCO's Motion In Limine and Motion to Set a Hearing Sched-ule (Jan. 25,1988). In that motion, with discovery scheduled to end on February 3 LILCO proposed a schedule leading to a hearing beginning March 7 or 8.

l On January 28, however, the Board extended the discovery period until February l

19. Based on a February 19 end to discovery, LILCO requests that the Board set the following schedule

l l

1 8002100042 980205 PDR ADOCK 05000322 G PDR JS0 3

_2-Date Event March 3 All parties file testimony March 10 Motions to strike testimony March 17 Answers to motions to strike March 22 Hearing begins LILCO submits that this schedule gives everyone ample time to prepare his case. This issue arises because a single piece of evidence sponsored by Suffolk County, the poll of volunteer firemen, was incorrectly excluded from the record. The nature of LILCO's case on this issue has been known since last October 22, when LILCO filed its motion for summary disposition.

II. Motion to Prc'_11 bit Further Designation of Witnesses LILCO designated three of its witnesses on January 20 and the fourth on January

26. LILCO intends to call no other witnesses, unless the Board rules that evacuation time estimates are within the scope of this proceeding. In that case, LILCO will desig-nate Mr. Lieberman, a witness already well known, and of ten deposed, by the Interve-nors. LILCO's case, and its witnesses, are well known to the Intervenors.

Intervenors have designated o.. ne witness, Professor Cole. They have p;o-duced no documents (except his curriculum vitae)in response to LILCO's disco,ery re-quests. Apparently Intervenors have no case to speak of and will be forced to create one in the future.

The Intervenors should have been required to designate their witnesses by February 3, the original end of the discovery period. That date having passed, it is im-proper for them to name new witnesses now. LILCO has repeatedly asked the Interve-nors whether they have other witnesses to designate. The most recent such (oral) re-quests from LILCO counsel were on February 2 (to New York State counsel) rnd February 3 (to Suffolk County counsel). Both the State and County responded that they

i will tell LILCO who their witnesses are as soon as they can. Also, the State and County say they do not know whether they will designate their witnesses in time for LILCO to depose them before the end of the discovery period. This, LILCO submits, is unacceptable.

Designation of Intervener witnesses at this late date, af ter the original close of discovery date has passed, would be unf air and prejudicial to LILCO. It would have the effect of forcing a de facto extension of the discovery period. It would therefore be in defiance of the Board's discovery orders.

It is no answer for the Intervenors to claim, as they surely will, that they are busy and are doing tne best they can. NRC precedent is clear that the parties have an obligation to marshal their resources so as to meet their obligations. General Public Utilities Nuclear Corp. (Three 5111e Island Nuclear Station, Unit 1), LBP-86-14,23 NRC 553,558-59 (1986).

For the reasons stated above, LILCO asks the Board to rule that further designa-tion of witnesses (except in response to the Board's upcoming ruling on the motion in limine) will not be permitted.

Respectfully submitted, l

' , stes) onald P. Irwin

/

James N. Christman Counsel for Long Island Lighting Company l Hunton & Williams l 707 East Stain Street P.O. Box 1535 l Richmond, Virginia 23212 l DATED: February 5,1988 l

l l

LILCO, February 5,1988 m_.

~00LKETEE, U5NHC

'88 FEB -8 P3 52 CERTIFICATE OF SERVICE OFFICE Cf 3ELR. lAli?

00CMEiniG A SEi<vir.T' BRANCH In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Povvr Station, Unit 1)

Docket No. 50-322-OL-3 I hereby certify that copies of MOTION TO SET HEARING SCHEDULE AND TO PROHIBIT THE DESIGNATION OF ADDITIONAL WITNESSES ON "ROLE CONFLICT" were served this date upon the following by telecopier as indicated by one asterisk, by Federal Express as indicated by two asterisks, or by first-class mail, postage prepaid.

James P. Gleason, Chairman ** Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel 513 Gilmoure Drive U.S. Nuclear Regulatory Commission Silver Spring, Maryland 20901 Washington, D.C. 20555 Dr. Jerry R. Kline ** George E. Johnson, Esq. **

Atomic Safety and Licensing Richard G. Bachmann, Esq.

Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission One White Flint North East-West Towers, Rm. 427 11555 Rockville Pike 4350 East-West Hwy. Rockville, MD 20852 Bethesda, MD 20814 Herbert H. Brown, Esq.

• Mr. Frederick J. Shon ** Lawrence Coe Lanpher, Esq.

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 Bethesda, MD 20814 Fabian G. Palomino, Esq.

• Secretary of the Commission Richard J. Zahnleuter, Esq.

Attention Docketing and Service Special Counsel to the Governor Section Executive Chamber U.S. Nuclear Regulatory Commission Room 229 l

1717 H Street, N.W. State Capitol Washington, D.C. 20555 Albany, New York 12224 Atomic Safety and Licensing Alfred L. Nardelli, Esq.

l 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

9 Spence W. Perry, Esq. ** Ms. Nora Bredes William R. Cumming, Esq. Executive Coordinator Federal Emergency Management Shoreham Opponents' Coalition Agency 195 East Main Street 500 C Street, S.W., Room 840 Smithtown, New York 11787 Washington, D.C. 20472 Gerald C. Crotty, Esq.

Mr. Jay Dunkleberger Counsel to the Governor New York State Energy Office Executive Chamber Agency Building 2 State Capitol Empire State Plaza Albany, New York 12224 Albany, New York 12223 E. Thomas Boyle, Esq.

Stephen B. Latham, Esq. ** Suffolk County attorney Twomey, Latham & Shea Building 158 North County Complex 33 West Second Street Veterans Memorial Highway P.O. Box 298 Hauppauge, New York 11788 Riverhead, New York 11901 Dr. Monroe Schneider Mr. Philip McIntire North Shore Committee Federal Emergency Management P.O. Box 231 Agency Wading River, NY 11792 26 Federal Plaza New York, New York 10278 Jonathan D. Feinberg, Esq.

New York State Department of Public Service, Staff Counsel Three Rockefeller Plaza Albany, New York 12223 f a

, J8 e 2 7_ '

James N. Christman Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: February 5,1988 l

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