ML20151Y491
| ML20151Y491 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/27/1988 |
| From: | Bachmann R NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20151Y464 | List: |
| References | |
| OL-3, NUDOCS 8805050021 | |
| Download: ML20151Y491 (2) | |
Text
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04/27/88 DOLKETED U NRC UNITED STATES OF AMERICA
'88 HAY -3 P6 :37 NUCLEAR REGULATORY COMMISSION OFFtE Of LirIAm f
,BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 00E NgG gR In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
NRC STAFF RESPONSE TO INTERVENORS' MOTION TO STRIKE A PORTION OF LILCO'S TESTIMONY On April 20, 1988, intervenors filed Governments' Motion to Strike a Portion of LiLCO's Testimony Regardirig Contention 25.C ("Motion").
Intervenors have moved to strike a portion of the Testimony of Douglas M. Crocker, Robert B. Kelly, Michael K. Lindell, and Dennis S.
Mileti, on the Remanded issue of "Role Conflict" of School Bus Drivers, dated April 13,1988 ("Crocker testimony").
Intervenors argue that the pertion of the Crocker testimony which refers to the evacuation of schools in the EPZs of New York State nuclear plants other than Shoreham is Irrelevant, inherently unreliable, and would Motion at 1-2.
deprive intervenors of their right to cross-examination.
The testimony purports to relate the results of telephone calls made by a LILCO consultant, not a sponsor of the Crocker testimony, to unnamed The Staff agrees that the testimony is unreliable, and county planners.
for that reason supports the motion to strike.
The testimony at issue arguably fulfills the Appeal Board's criteria for admissibility:
that it will assist the trier of fact and it is rendered by a properly quallfled witness.
See Loulslana Power and Light Co.
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2-(Waterford Steam Electric Station, Unit 3), ALAB-732,17 NRC 1076,1091 (1983).
However, only re!!able evidence may be admitted in NRC proceedings.
10 C.F.R. 6 2.743(c).
As the Appea Board has stated,
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"[e } xper't testirnony 'in hearsay form from someone unknown is most unreliable."
Tennessee Valley Authority (Hartsville Nuclear Plant Units 1 A, 2A,18 and 28), ALAB-367, 5 NRC 92,121 (1977).
The portion of the Crocker testimony fits this description and should be stricken.
Respectfully submitted, W.
+
""i Richard C. Bachmann Counsel for NRC Staff Dated at Rockville, Maryland this 27th day of April 1988 l
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