ML20196B416
| ML20196B416 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/23/1988 |
| From: | Sheffey R HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#288-6620 OL-3, NUDOCS 8806300270 | |
| Download: ML20196B416 (12) | |
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[q hM REtarEo conneseenogna LILCO, June 23,1988 00gkgiED g
'88 JUN 27 PS :31 llNITED STATES OF AMERICA NUCLSAR REGULATORY COMMISSION pgg3,y, 00CHEimG.t E W.f.
%ANoi 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) )
LILCO'S APPLICATION FOR ISSUANCE OF A SUBPOENA Pursuant to the Board's ruling of June 3,1988 ordering that LILCO have the dis-covery it seeks regarding realism /best efforts, including the County of Suffolk Emer-gency Operations PlPn (the "Plan") and the Board's retention of jurisdiction over this Plan, as announced in the June 10 and June 17, 1988 teleconferences, Long Island Lighting Compr.y (LILCO) requests the presiding officer of this Licensing Board to issue a subpoena under 10 CFR S 2.720 to command the production of relevant docu-ments as set forth in the subpoena, and the appearance and testimony by deposition on oral examination of "rank R. Jones.
Mr. Jones is the former Deputy Suffolk County Executive with responsibility over Administration and Special Projects. It is LILCO's understanding, underscored by representations made by counsel for Suffolk County, that Mr. Jones coordinated the County's document production in the Shoreham matter at least in 1982-83. A copy of a memorandum dated July 23, 1982, from Mr. Jones to "All Department Heads" in the County is Attachment A to this application. In its June 20,1988 Motion for Licensing Bocrd to Vacate June 17 Order, the County confirms that Mr. Jones played a key role in the production of discovery documents in 1982-83:
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'e It is impossible for the County to identify every person who was involved in document production in the 1982-83 era. We can state that Messrs. F. Jones, J. Bilello, and R. Jones were involved, with Mr. F. Jones having lead responsibility.
Id. at 11-12 n.9 (emphasis added). Since the County says that it believes that the "Op-erations Plan was produced in its entirety during discovery in 1982," id. at 11 n.9, it is clear that the deposition of Mr. Jones is appropriate and necessary. Mr. Jones should have knowledge regarding the existence, development, and maintenance of the County of Suffolk Emergency Operations Plan; the County's responses to LILCO's discovery which shoulo have elicited that Plan; and other relevant matters.
It is likewise clear, given the County's refusal thus far to make available for dep-osition any of the persons previously ordered by the Board to be produced, that the County will not produce Mr. Jones absent Board intervention. LILCO foreshadowed its intention to seek a subpoena for Mr. Jones' deposition in a letter from counsel for LILCO to counsel for the County and State, dated June 17, 1988. In it, counsel for LILCO notes that Mr. Jones "has knowledge of the matters over which the Board has retained jurisdiction for discovery." A copy of that letter is Attachment B to this Ap-plication. Further, Mr. Jones is no longer employed by the County, and subpoena ap-pears necessary to ensure his attendance at a deposition.
For the reasons stated above, LILCO asks the Board to issue a subpoena for the appearance of Mr. Jones and the production of relevant documents as set forth in the subpoena, at a deposition upon oral examination on the date specified in the attached subpoena.
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3 Respectfully submitted, LONG ISLAND LIGHTING COMPANY k Y- ' ~~
V K. DennB Shk David S. Harlow Rita A. Sheffey Counsel for Long Island Lighting Company Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212
-and-100 Park Avenue .
New York, New York -10017 DATED: June 23,1988 E
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COUNTY C.: SUFFOLK
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re xn v.comun surFct.x CCt.W c Cck-'?vt cFF1ct CF TN E count'Y EXECt '"TV E Fuust M. .; curs movn esuun encume To: ALL DEPART.dCIT Ey1.CS -
y?ou- " ^ aes Deputy County E:tecutive DATE: July 23, 1982 RE: ' Documents Regarding E=ergency planning As you ne aware, the County is a party in p cceedings before the NRC Atemic Safety and Licensing Board concerning whether the Long Islud Lighting Co=pany should be gruted an operating license for the Shoreha: Nuclear power Station.
On July ; , 1982, the Board ruled that the County is obligated to produce for LILCO's inspect:.on a wide range of docu=ents rega.rding the County's plans for dealing with einergencies , both nuclear and non-nuclea.r. The docu=ents which the County must produce are a.s specified is two separate requests for docu:ents (attached) which l LILCO had previously submitted to the County. Im light of the Board's ruling, I request that your department i= mediately ce==ence a. searc.h of its files in order to determine enether it is in possession of asy of the '
items listed in the a.ttar.hed doc =ent requests. To the extent that your dept.rt=ent dcas possess such emergency planni.ug docu=ents, they c:ust be copied ud submitted to my office promptly- As I understud the request, anv emergenev erocedure vou =27 ressess of my nature, should be provided to LILCO.
l l The Board has ordered ths.t all docu=ents in the County's possession pertinent to LILCO's docu=ent requests be provided by llenday, July 26, 1082. pro. pt attention on the part of your departsent is necessary in order to =eet ths.: order. Therefore, I require that within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of receipt of this =enerandu=, you inform ne 1
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.yage2 July 22, 1982 405Cc50 .
Docu=cnts Regardi:g Imergency pla:si:g of the volume of pertinent on.terials is your department 's possession and as estimate of when these materials can be copied and submitted .to me. In addition, please describe
.briefly how your emergency pla: sing docu=ents are filed (e.g. are they, is one file or distributed a=ong many files. )
Please note that it is not necessarf to va.it until all documents meeting these requ'ests are copied before forwardist them to this office. If certain categories of docu=ents are more readily accessible or non-voluminous , then those materi'a ls should be submitted as soon as possible.
Your prompt attention to this =atter is appreciated.
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, ', 24566.300001 o .tc o.4 6 =e. so '" 7 BY TELECOPY Lawrence Coe Lanpher, Esq. Richard J. Zahnleuter, Esq.
Kirkpatrick & Lockhart Assistant to Special Counsel to South Lobby - 9th Floor the Governor 1800 M Street, N.W. State Capitol ~
Washington, D.C. 20036-5891 Albany, New York 12224
Dear Larry and Rick:
We note that the "Government's Response" filed June 15, 1988, consistent with Larry's letter of a few days ago, states that John Bilello believes that the County of Suffolk, Emergency Operations Plan "was among the documents gathered and sent to counsel pursuant to then Deputy County Executive Frank Jones' 1982 directive" and that "Frank Jones believes the Operations Plan was among the documents to be produced to LILCO. . . .
Frank Jones, of course, is no longer employed by the County and has not been for several months. Though answers to our Third Set of Interrogatories are not due until next Tuesday, June 21, we assume, based on these recent representations, that Frank Jones coordinated the County's document production efforts in the i
Shoreham matter at least in 1982. He thus has knowledge of the
! matters over which the Board has retained jurisdiction for l discovery. Accordingly, in light of these recent l representations, we plan to request a subpoena for Frank Jones'
- deposition. This may come up in the conference call the Board l has scheduled for 11 AM this morning.
S ncerely yours, 1
nnis Sisk 201/374 cc: Richard G. Bachmann, Esq.
William R. Cumming, Esq.
~s 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, ) (Realism Issue)
Unit 1) )
SUBPOENA THE NUCLEAR REGULATORY COMMISSION TO:
Mr. Frank R. Jones Town Hall 655 Main Street Islip, New York 11751 YOU ARE HEREBY COMMANDED, pursuant to the Atomic Energy Act of 1954, as amended, and Section 2.720 of the Rules of Practice of the Nuclear Regulatory Com-mission, to appear and give your testimony by deposition on oral examination, and pro-duce all documents regarding the subjects of your testimony described more fully below, in this proceeding at 9:00 AM Daylight Savings Time on July 5,1988, at Long Island Lighting Company,175 E. Old Country Road, Hicksville, New York 11801, as requested by the Long Island Lighting Company (LILCO), to testify regarding the County of Suffolk Emergency Operations Plan (the "Flan") and related matters, inciviing out not limited to: the identity of persons knowledgeable about the development, content,10-cation, maintenance, and/or distribution of the Plan; the content or substance of the Plan itself; and efforts by Suffolk County, the State of New York, and/or their
i employees, representatives, agents, and counsel to determine the existence and/or re-sponsiveness to interrogatories and requests for production of documents by LILCO of this Plan or any other Suffolk County or New York plans or procedures regarding re-sources and persons available for responding to any emergency. The deponent is re-quested to produce at the deposition, for inspection and copying, any and all documents, including without limitation notes, records, reports, memoranda, correspondence, studies, analyses, papers, writings, photographs, recordings, and other materials of any kind or nature whatsoever, in his possession, custody or control or in the possession, custody or control of representatives, employees, attorneys, assigns, or anyone acting on nis behalf, which are relevant to the issue stated above, including but not limited to the production of the County of Suffolk Emergency Operations Plan. -
Under Section 2.720(f) of the Rules of the Commission you may by motion promptly made and in any event at or before the time specified herein for compliance and upon notice to K. Dennis Sisk or Rita A. Sheffey, counsel for LILCO, request that this subpoena be quashed or modified if it is unreasonable or requires evidence not rele-vant to any matter in issue in the proceeding as indicated above. The Commission may condition its denial of such a motion to quash or modify this subpoena on just and rea-sonable terms.
Further, pursuant to Section 2.720(d), fees and mileage payable to witnesses in l
l district courts of the United States are hereby tendered.
l NUCLEAR REGULATORY COMMISSION l
l Atomic Safety and Licensing Board l
1 l
James P. Gleason Presiding Judge Issued:
June _ ,1988 Bethesda, Maryland
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensinst Board In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station, ) (Realism Issue)
Unit 1) )
RETURN ON SERVICE Received this subpoena at on and on at . I served it on the within named Frank R. Jones by delivering a copy to him and tendering to him the fee for one day's attendance and the mileage allowed by law.
Date By Service Fee Travel $
Services $
l Total $
Subscribed and sworn to before me this day of ,1988.
Notary Public l
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OAff fM WQtC G 'e AMOUNT 68-2 HUNTON & WILLIAMS slo e.o.eoxisas RICHMOND, VIRGINIA 23212 g 75859 PAY HUNTON WILUAMsW r; Th-h-kN -
- - DOLLARS MEMO . TO TH E O R D E N Q P _ ..
, DATE CHECM AMOUNT
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LILGQ(gpe 23,1988' USIIPC
'88 JLN 27 P5 :31 CERTIFICATE OF SERVICE f0 '
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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 APPLICATION FOR ISSUANCE OF A SUBPOENA were served this date upon the following by Federal Express as indicated by an asterisk, or by first-class mail, postage prepaid.
James P. Gleason, Chairman
- Adjudicatt ry File Atomic Safety and Licensing Board Atomic Salety and Licensing 513 Gilmoure Drive Board Paciel Decket Silver Sp'ing, Maryland 20901 U.S. Nucic 1r Regulatory Commission Washingtoa, D.C. 20555 Dr. Jerry R. Kline
- Atomic Safety and Licensing Richard G. Bachmann, Esq.
- Board U.S. Nuclear Regul: tory Commission U.S. Nuclear Regulatory Commission Office of General Counsel East-West Towers, Rm. 427 Washington, D.C. 20555 4350 East-West Hwy.
Bethesda, MD 20814 Herbert H. Brown, Esq.
- Lawrence Coe Laapher, 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.
- i Richard J. Zahnleuter, Esq.
l Secretary of the Commission Special Counsel to the Governor l
Attention Docketing and Service Executive Chamber I Section Room 229 l U.S. Nuclear Regulatory Commission State Capitol 1717 H Stmet, N.W. Albany, New York 12224 Washington, D.C. 20555 l
, Alfred L. Nardelli, Esq.
Assistant Attorney General
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Atomic Safety and Licensing Appeal Board Panel 120 Broadway U.S. Nuclear Regulatory Commission Room 3-118 Washington, D.C. 20555 New York, New York 10271 l
George W. Watson, Esq.
- Jonathan D. Feinberg, Esq.
William R. Cumt'. ig, Esq. New York State Department of Federal Emergency Management Public Service, Staff Counsel Agency Three Rockefeller Plaza 500 C Street, S.W., Room 840 Albany, New York 12223 Washington, D.C. 20472 Ms. Nora Bredes Mr. Jay Dunkleberger Executive Coordinator New York State Energy Office Shoreham Opponents' Coalition Agency Building 2 195 East Main Street Empire State Plaza Smithtown, New York 11787 Albany, New York 12223 Evan A. Davis, Esq.
Stephen B. Latham, Esq. Counsel to the Governor Twomey, Latham & Shea Executive Chamber 33 West Second Street State Capitol P.O. Box 298 Albany, New York 12224 Riverhead, New York 11901 E. Thomas Boyle, Esq.
Mr. Philip McIntire Suffolk County Attorney Federal Emergency Management Building 158 North County Complex Agency Veterans Memorial Highway 26 Federal Plaza Hauppauge, New York 11788 New York, New York 10278 Dr. Monroe Schneider North Shore Committee P.O. Box 231 Wading River, NY 11792 i.fzt '
Rita A. Sheffey V Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212
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DATED: June 23,1988
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