ML20196F032
| ML20196F032 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/24/1988 |
| From: | Christman J LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#188-5702 OL-3, NUDOCS 8803020007 | |
| Download: ML20196F032 (4) | |
Text
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uLCO, February 24,1988 00LKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION
'88 FEB 29 P3 :52 Before the Atomic Safety and Licensing Board 0FFKE 0; HCRLiw 00CKEI!NG t. Sii!VlCI, ERANCH In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
LILCO'S ANSWER TO SUFFOLK COUNTY'S MOTION FOR A ONE-DAY EXTENSION Suffolk County asks for an extension of the end of discovery on school bus driver role conflict from Friday, February 26, through Monday, February 29, so that Dr. Muto can attend a funeral and still be part of Suffolk County's witness panel Suffolk Coun-ty's Motion for One-Day Extension of Discovery (February 24, 1988). LILCO opposes the motion for the following reasons:
1.
The rules are the rules. The Board has issued two orders from which the County seeks relief. The first forbade re-quests for extensions of time af ter February 19. The sec-ond forbade Suffolk County to designate witnesses who could not be deposed this week.
2.
Unforeseen tragedies like a death in the family can be ac-commodated if witnesses are designated early enough in the discovery period. By designating most of its witnesses late, Suffolk County assumed the risk of such unforeseen events.
3.
A one-day extension, if it results in an equal slippage in the ultimate operation of the plant, is a penalty on LILCO of approxiately one million dollars.
4.
Suffolk County has already by its own actions extended or forced the extension of the discovery period from February 3 until February 19 and then until February 26.
In this context, even a one-day extension is excessive.
5.
Given the circumstances above, one would expect a rep-resentation from Suffolk County that Dr. Muto is espe-cially important to the County's case. To the contrary, g3020ooy80o224
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LILCO is aware of nothing to suggest that Dr. Muto's tes-timony is likely to differ either from what he testified in 1984 (ff. Tr. 3087,1101) or from what the other, County witnesses will testify in 1988.
Suffolk County's motion does not make clear whether it will still seek to use Dr.
Muto as a witness if its request for an extension is denied. LILCO submits that the County may not do so. If the Board adheres to the previously established discovery cut-off, as LILCO asks, then it follows that Dr. Muto cannot be made a witness without un-fairly prejudicing LILCO. The extension of time should be denied and the County should not be permitted to use Dr. Muto as a witness.
For these reasons, the requested extension should be denied and Suffolk County should not be allowed to use Dr. Muto as a witness.
Respectfully submitted, V ? =>
James N. Christman
' Counsel for Lorg Island Lighting Company Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: February 24,1988
-i i
LILCO, February 24,1988 00CKETED U5NPC
'80 FEB 29 P3 52 CERTIFICATE OF SERVICE GFHCL OF.it ar IAt !
00CKETi% A M Hvicf.
BRANCH 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 ANSWER TO SUFFOLK COUNTY'S MO-TION FOR A ONE-DAY EXTENSION were served this date upon the following by telecopier as indicated by one asterisk, by Federal Express as indicated by two aster-isks, 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 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 Commission 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
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 l
Je hJ ames N. Christi6an Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: February 24,1988