ML20196B357
| ML20196B357 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/23/1988 |
| From: | Christman J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | |
| Shared Package | |
| ML20196B341 | List: |
| References | |
| OL-3, NUDOCS 8806300257 | |
| Download: ML20196B357 (9) | |
Text
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LILCO, June 23,1988 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
_Before the Atomic Safety and Licensing Board In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning)
)
(Shoreham Nuclear Power Station.
)
Unit 1)
)
AFFIDA'/IT OF JAMES N. CHRISTMAN 1.
My name is James N. Christman. I am an attorney with the law firm of Hunton & Williams, counsel to the Long Island Lighting Company in this matter. My business address is 707 East Main Street, P. O. Box 1535, Richmond, Virginia 23212, 2.
I make this affidavit for the purpose of documenting LILCO's conclusion that the County of Suffolk Emergency Operations Plan, consisting of a l
l composite document approximately 750 pages long and provided to LILCO on or about May 25,1988 (the "aggregate Suffolk County Emergency Op-erations Plan"), had not been provided previously to LILCO or its counsel.
3.
Before 1988 documents from Suffolk County relating to emergency plan-ning were provided in two discovery phases: "Phase One"in 1982 and "Phase Two"in 1983. All the documents provided to LILCO during this pe-I riod would have been provided by Suffolk County, since New York State did not enter the case as an active party until January 1984.
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Hunton & Williams has maintained, in the ordinary course of business, in-4.
dexes intended to record each document received from Surfnik County in discovery in Phase One and Phase Two. These indexes were prepared by paralegals at the firm, working under the supervision and direction of law-yers working on the Shoreham case, as part of the attorney work product for this case.
The Phase One document index contains an entry for each document pro-5.
duced by Suffolk County. The entry identifies the document by date, origi-nator, addressee, subject, and other available information. It also contains a unique Bates stamp identif ying number for the document, assigned by Hunton & Williams. Also, it contains the Bates stamp identifying number apparently assigned to the document by attorneys for Suffolk County.
Thousands of pages of documents were turned over during Phase One. None I
i of them, however labeled, corresponds to the aggregate document entitled l
"County of Suffolk Emergency Operations Plan" that was produced by the County on or about May 25,1988. A few of the Phase One documents ap-pear to correspond in some respects to some of the specific annexes or ap-pendices in the aggregate Suffolk County Emergency Operations Plan.
None of the Phase One documents bears any identifying label suggesting that it was part of the aggregate Suffolk County Emergency Operations Plan.
A dmunc peccedure was followed by Hunton & Williams with respect to 6.
documents provided by Suf folk County in Phase Two. A document index was maintained for each document produced by Suf folk County, including author, recipient, date, and (where ascertalnable) title and subject matter.
In addition, document index numbers assigned by attorneys for Suffolk County and by Hunton & Williams are recorded. No document corre-sponding to the aggregate Suffolk County En'ergency Operations Plan is in-cluded in the index. While a few of the documents in the index appear to be or to have become parts of the aggregate Suffolk County Emergency Op-erations Plan, most a a not labeled as "annexes" or "apper. dices" or in any other organizational f ashion.
7.
The indexes described above appear to be a complete and accurate account of documents received by Hunton & Williams in the 1982-83 period. My bases for this conclusion are as follows:
a.
While the paralegals who actually complied the indexes are no longer working at Hunton & Williams, the lawyers to whom they reported, Kathy E. B. McCleskey, Jessine A. Monaghan, and I, are certain that the preparation of these indaxes was a matter taken seriously by the paralegals. Also, the paralegals were responsible and competent, as I know both from working with them and from having had one of them as a student in a law school seminar I teach. Moreover, they were supervised carefully by Ms. McClcskey and Ms. Monaghan.
b.
The indexes have been used recurrently by counsel for LILCO in this case and have been of consistent value in locating documents.
c.
Af ter the existence of the Suffolk County Emergency Operations Plan was disclosed in late May of this year, two lawyers in our firm, Ms. Monaghan and David S. Harlow, each independently reviewed the document: that were provided by Suffolk County in the 1982-83 period and that are now stored in Hunton & Williams' files. Their
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reviews indicated that the indexes are an accurate inventory of the documents in Hunton & Williams' possession. Ms. Monaghan and Mr.
Harlow did not find any documents in Hunton & Williams' files that appear to be fragments of the aggregate Suffolk County Emergency Operations Plan but that were not described in the indexes.
8.
On the basis of the above-described reviews of the documents and the in-dexes in the past month, of my personal work with the documents produced by Suffolk County over the past six years, and of my recollection of docu-ment discovery in 1982 and 1983, I believe that the indexes were accurate and complete when created and that the aggregate Suffolk County Emer-gency Operations Plan was not among the documents produced to IJLCO or its colinsel in 1982-83 by Suffolk County.
9.
There is also other, independent evidence for this conclusion. I have dis-cussed this matter with other lawyers in this office who were active in the 1982-83 period in this matter, Donald P. Irwin, Kathy E. B. McCleskey, and Jessine A.'Monaghan. None of them had ever seen or heard of the aggre-l gate Suffolk County Emergency Operations Plan before it was produced in May 1988. All three of them have had occasion to work with documents l
provided in discovery and with the document indexes. Each of them has l
stated to me that if the aggregate Suffolk County Emergency Operatford i
l Plan or its identliiable equivalent had been provided in the 1982-83 time i
period, it is almost inconceivable that the document and its significance would not have been immediately appreciated. I agree with them.
10.
All the lawyers at Hunton & Williams who were involved with Phase One and Phase Two discovery are still here at the firm. I have been able to talk l
to four of them (in addition to Ms. McCleskey, Ms. Monaghan, and Mr.
Irwin), Joseph M. Spivey, III, W. Jeffery Edwards, K. Dennis Sisk, and James E. Farnham. None of them knew about the aggregate Suffolk County Emer-gency Operations Plan until it was produced in May 1988. Mr. Edwards re-marked that he would have paid attention to it if it had been mentioned, because at the time it seemed puzzling, in light of New York State law, that there was apparently no emergency plan for Suffolk County, ames N. Chris man Subscri and swor fore me this Mb day ofdw 1988.*
AjM-y My commission expires: O m ev'
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0 h rh.%b Notary Public
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e SCHEDULE OF DEPOSITIONS Deponent Date/ Time Location (State)
Anthony J. Germano 6/. 7 9 am Albany Karim Rimawi 6/27 i n Albany Donald Davidoff 7/7 9 am Albany David Axelrod 7/7 1 pm Albany REPG Panel 7/8 9 am Albany (County)
Robert Sheppard 6/28 9 am Hauppauge Lee Koppelman 6/281 pm Hauppauge Richard C. Roberts 6/29 9 am LILCO, Hicksville David E. Harris 6/291 pm Hauppauge William E. Regan 6/30 9 am LILCO, Hicksville John Bilello &
7/1 9 am Hauppauge Richard Jones (as panel)
Frank Jones 7/5 9 am LILCO, Hicksville (or Hauppauge)
Frank Petrone 7/5 2 pm Hauppauge Patrick Halnin 7/610 am Hauppauge
.._._-_,,.-,r b.,..-.
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i LILCO, June 23,1988
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'88 JUN 27 P5 :21 CERTIFICATE OF SERVICE OfMCt U-
.. : An y 00CKEima a 7,<vict SRANDe 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 RESPONSE TO INTERVENORS' MOTION TO VACATE 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, post-age 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. Kilne
- Atomic Safety and Licensing Richard G. Bachmann, Esq.
- Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of the General Counsel East-West Towers, Rm. 427 Washington, D.C. 20555 4350 East-West Hwy.
Bethesda, MD 20814 Herbert H. Brown, Esq.
- Lawrence Coe Lanpher, Esq.
Mr. Frederick J. Shon
- Karla J. Letsche, Esq.
Atomic Safety and Licensing Kirkpatrick & Lockhart Board South Lobby - 9th Floor U.S. Nuclear Regulatory Commission 1800 M Street, N.W.
East-West Towers, Rm. 430 Washington, D.C. 20036-5891 4350 East-West Hwy.
Bethesda, MD 20814 Fabian G. Palomino, Esq.
- Richard J. Zahnleuter, Esq.
Secretary of the Commission Special Counsel to the Governor Attention Docketing and Service Executive Chamber Section Room 229 U.S. Nuclear Regulatory Con 1 mission State Capitol 1717 H Street, N.W.
Albany, New York 12224 Washington, D.C. 20555 Alfred L. Nardelli, Esq.
Atomic Safety and Licensing Assistant Attorney General Appeal Board Panel 120 Broadway U.S. Nuclear Regulatory Commission Room 3-118 Washington, D.C. 20555 New York, New York 10271
George W. Watson, 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 11786 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
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Dbnald P. Irwin m.
Hunton & Williams 707 East Main Street l
P.O. Box 1535
(
Richmond, Virginia 23212 DATED: June 23,1988 I
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