ML20149K915
| ML20149K915 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/18/1988 |
| From: | Christman J, Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#188-5641 OL-3, NUDOCS 8802240037 | |
| Download: ML20149K915 (6) | |
Text
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LILCO, February 18,1988 b
00CKETE0 USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'88 FEB 22 P4 :10 CFFICE CF itcq w i DO N Before the Atomic Safety and Licensinst Board NN '
E In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station,
) (School Bus Driver Issuc)
Unit 1)
)
LILCO'S MOTION FOR A DISCOVERY CUTOFF AND F_OR
SUMMARY
TERMINATION OF WITNESS DESIGNATIONS LILCO hereby asks for a one-week extension (until February 26,1988) of the dis-covery period on school bus driver role conflict to allow LILCO to complete its depost-tions of Suffolk County's newly designated witnesses. LILCO also asks the Board to re-quire Intervenors to make all witnesses designated to date available for depositions during the week preceding February 26, and to prohibit the designation of further wit-nesses by Intervenors following their receipt of service of this motion.
The Board, havke ally set the end of discovery for February 3 (Memoran-dum and Order, Dec. 30,1987, at 7), extended it at the Intervenors' request until February 19 (conference call of January 28, 1988). The Board has said it will entertain no more requests for extensions af ter close of business on February 19 (Memorandum and Order, Feb. 8,1988, at 1). This is therefore the only such extension request LILCO expects to file.
The reason for this request is that Suffolk County, without any showing of good l
cause for its dilatoriness, has designated 10 of its 11 witnesses since February 12, has l
made only six of them available for deposition by the end of the discovery period on February 19, and will make no binding commitments about further designations. In order to take depositions of all currently designated witnesses, therefore, LILCO has h![ ADO l2 0
q.
little choice but to seek an extension. (Moreover, LILCO has agreed to make one of its witnesses available for deposition on February 22 because the Suffolk County lawyer who was scheduled to take the deposition on February 17 was unavailable for personal reasons.) In order to keep this proceeding on anything resembling an orderly track, LILCO is forced to ask the Board to cut off further witness designations.
I. Background During the first six weeks of the discovery period Suffolk County named only one witness, Professor Cole. The County designated no further witnesses until the af ter-noon of February 12, when its lawyers designated seven new witnesses by phone. At 10:00 p.m. that night the County telecopied a letter adding two more witnesses (subject to confirmation) to the list. The following Tuesday, February 16, the County added an-other witness to the list, bringing the number of County witnesses to 11, ten of them having been designated on February 12 or later.II LILCO advised Suffolk County on February 13 that the County should make all of its witnesses available by the close of discovery on February 19 and that LILCO would assign as many lawyers as necessary to take their depositions by the 19th.
Nevertheless, m !M 10 recently designated witnesses, Suffolk County will have made only five of them available by the close of the discovery period, presently February 19. LILCO has in fact taken or scheduled these five depositions this week. To date New York State has designated no witnesses. Counsel for the State has indicated that he at present "has no plans" to designate any witnesses but is unwilling to commit unequivocally that he does not intend to designate any.
1/
As we have advised the County, we regard a document telecopied at 10:00 p.m.
as "later" than the date of telecopying.
e, w-II. Relief Requested Given the large number of Suffolk County witnesses, the lateness with which they were revealed to LILCO,2/ and their unavailability this week, LILCO is unable to complete depositions by February 19. Accordingly, LILCO asks for an extension until February 26 to complete depositions. LILCO believes a more appropriate eventual rem-edy may well be to strike the new witnesses for untimeliness, and LILCO does not waive any rights it may have to so move. But at this point, without necessarily consenting to Suffolk County's new witnesses, LILCO has agreed to go forward with depositions of the new witnesses in order to save time. Information revealed in those depositions may re-veal grounds for striking certain witnesses for untimelinoss or irrelevance to the re-mand issue; it may also reveal the need for rebuttal of the new witnesses.
LILCO asks for February 26 as the new cut-off for discovery because it appears, based on representations by Suffolk County, that all presently named witnesses are available for deposition by that time. However, Suffolk County, in phone conversations with LILCO counsel, will not rule out the possibility that the County may attempt to designate additional witnesses next week.N If the County does name new witnesses, LILCO will move to strike them for untimeliness. Moreover, if for any reason the now-named Suffolk County witnesses cannot be deposed by February 26, LILCO will move to strike the witnesses.
Another development this week also supports this request for an additional week.
New York State advised LILCO by phone that it has no plans to present witnesses on 2/
The first of the new witnesses LILCO has been able to depose, Dr. Koenig, indi-cated he was first contacted by the County on January 27 and that he first met with the County's lawyers February 1.
He was not revealed to LILCO as a witness until February 12. Four other of the newly named witnesses testified for Suffolk County ear-lier in this proceeding in 1984. See ff. Tr. 3087,11,001 (Muto, Smith, Petrilak, Rossi).
These witnesses, too, it would seem, could have been revealed to LILCO earlier than February 12.
3/
Nor has Suffolk County been willing to commit to a certain deposition schedule until next Tuesday or Wednesday, February 23 or 24.
school bus driver role conflict and declined to make the director of the State's Ra-diological Emergency Preparedness Group, James Papile, available for deposition on February 18 pursuant to LILCO's notice of deposition. LILCO has declined to withdraw the notice, suggesting that it may ask the Board for a subpoena for Mr. Papile. We will attempt to resolve this dispute with the State but may not ta able to do so by February 19; February 26, however, should provide enough time.M III. Summary For the reasons given above, LILCO requests: (1) that discovery be extended un-til February 26,1988, only for the purposes of (a) completing depositions of now-des g-nated witnesses and (b) allowing the parties to resolve outstanding discovery disputes such as the dispute over the deposition of Mr. Papile;(2) that Intervenors be required to make all witnesses designated to date available for depositions between now and the close of business on February 26; and (3) that Intervenors be prohibited forthwith from designating further witnesses on the school bus driver remand issue.
Respectfully submit ed, Donald P. Irwin James N. Christman Counsel for Long Island Lighting Company Hunton & Williams l
707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 l
DATED: February 18,1988 l
l l
l g
Likewise, there are a few other outstanding disputes. For example, LILCO has asked Suffolk County to reconsider its positions (1) that information from school dis-tricts is as accessible to LILCO as to Suffolk County and (2) that Professor Cole's con-tacts with other experts are protected from discovery by the work product doctrine.
Suffolk County is considering LILCO's request but has not yet provided an answer.
l
i LILCO, February 18, 1988 cancitt.
Uwiit
'88 FE8 22 P4 :11 CERTIFICATE OF SERVICE OFFICE Cr H i A t it. n '
00CKEist.G A "I etVICf.
BRANC-In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 I hereby certify that copies of LILCO'S MOTION FOR A DISCOVERY CUTOFF AND FOR
SUMMARY
TERMINATION OF WITNESS DESIGNATIONS 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, Marylar:d 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 20814 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 1717 H Street, N.W.
State Capitol Washington, D.C. 20555 Albany, New York 12224 Atomic Safety and Licensing Alfred L. Nardelli, Esq.
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
f4 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 Evan A. Davis, 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
.dV Donald P. Irwin Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: February 18,1988 i
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