ML20196G967
| ML20196G967 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/28/1988 |
| From: | Matt Young NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#388-6626 OL-3, NUDOCS 8807060063 | |
| Download: ML20196G967 (6) | |
Text
&(,2.6.
5 6/28/88 DOCHETED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSI?N BEFORE THE ATOMIC SAFETY AND LICENSING BOARD QFF!cE < 3
- g,;
In the Matter of
- Iyl((f' dCl LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3 (ShorchamNuclearPowerStation, Unit 1)
)
NRC STAFF RESPONSE TO BOARD REQUEST FOR DEPONENTS FOR PROPOSED DISCOVERY SANCTION INQUIRY During a conference call on June 23, 1988, the Board considered various pleadings filed by Intervenors contesting Board ordered discovery and LILC0's request for an additional subpoena and a revised schedule for previously ordered depositions.
Tr. 20896-20903, 1/ The Board reiterated its June 17 ruling (Tr. 20872)' that a hearing on the realism contentions (Contentions 1-2, 4-10)'would not proceed because the Board would I
(1) impose sanctions on Intervenors which would dispose of the realism contentions and (2) wou'd retain jurisdiction over the issue as to whether the recently produced Suffolk County Operations Plan or other plans should have been produced during discovery.
Tr. 20892; 20905.
The Board also clarified its earlier rulings that the purpose of any inquiry into the failure to comply with discovery was to enable the Board to detemine whether the integrity of the f;RC's rules of practice had been compromised and what sanction would be appropriate.
Tr. 2087E 76; 20892-93; 20904-05.
1/
LILC0 Respouse to Intervenors' Motion to Vacate, June 23, 1988, at 23
("LILC0 Vacate Response').
~
NR 35[
K o
.9
. In light of the Intervenors' offer to make certain individuals available for Board conducted depositions (Tr. 20901-02; 20905-07), the Boar.d asked the parties to provide their views on the proper deponents for a possible Board conducted deposition proceeding to determine the circum-stances surrounding the nonproduction of State or County emergency planning documents and access to and knowledge concerning such plans. Tr. 20923-25.
The Staff suggestions for that inquiry are as follows:
1.
It is inappropriate for the Intervenors to dictate who should be made available for discovery.
Opposing parties have a right to identify those parties they believe appropriate for deposition.
See 10 C.F.R.
$ 2.740a. 2_/ Thus, LILCO should be permitted to question those it formerly noticed for deposition.
Any depc:1 tion concerning the failure to proouce documents should include the individuals Intervenors claim are cognizant about document production during 1982-83 (F. Jones and.l. Billello) and 1988 (for Suffolk County - F. letrone, R. Jones end J. Billello; for New York State - DeVito). 3/
The Board should also, however, expand the list, as nece:;ary, to include individuals who were knowledgeable about the existence of emergency plans during the 1983-88 time period.
The list of deponents proposed by LILCO is consistent with that goal, but the Board may also find it necessary, in order to determine the State's responsiveness to discovery inquiries since it entered the proceeding in 1984, to question a cognizant official from the New York National Guard, Reserve or Militia who 2/
Nothing in Young vs. United States, 107 S.
Ct. 2129 (1987) would preclude LILCO from questioning these individuals.
3/
See Governments' Motion for Licensing Board to Vacate June 17 Order, June 20, 1988, at 11-12 n.9.
In order to avoid unnecessarily pro-tracting the sanction inquiry, the Board may wish to begin with the individuals proffered by Intervenors (including the affidavit of counsel) and question the other remaining deponents as necessary.
i -
is knowledgeable about emergency / civil defense plans for counties in proximity to Shoreham (e.g., Nassau, Suffolk Westchester, Dutchess, and Putnam), which might r,rovide a basis for a response to an accident at Shoreham.
2.
The Board snould issue a written order requiring the depositions of the individuals listed in Attachment 3 of LILC0 Vacate Response and set forth the purpose of such inquiry.
This would include signing a subpoena for Frank Jones, former Deput; Suffolk County Executive, and reissuing the subpoenas for William Regan, former Director of the County's Division of Emergency Preparedness, and Richard Roberts, former Assistant Chief Inspector of the County's Police Department.
In sum, the Staff believes that Intervenors' past defiance of Board ordered discovery on realism issues should result in the dismissal of the realism contentions S/ and it is not necessary to develop a further record concerning Intervenors' failure to fully execute their responsibilities as parties to NRC proceedings.
Should the Board wish to inquire further to see whether dismissal of the realism contentions, or additional sanctions, are appropriate, the inquiry into the failure to identify or produce emergency plans which could be used for Shoreham emergencies should include the individuals mentioned above.
Respe fully submitted, 1
Mi i
. Young' Cou for NRC Staff Dated at Rockville, Maryland this 28th day of June,1988 4/
See NRC Staff Comments On The Proposed Imposition Of Sanctions On TnTervenors For Failure To Comply With Discovery Orders, June 15, 1988.
1 k?
UNITED ST ATES OF AMERIC A
'88 JUN 30 P2 :31
{
NUCLEAR REG UL ATORY COMMISSION OFFKt U
., t i,w v B EF O R E T H E A T ON_IC S A FE T Y A N D LIC E N SIN G B O A R D Nidh r
In the Matter of LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-?
(Emergency Planning)
(Shorehair Nuclear Power Station, Unit 1)
CERTIFIC A1E OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO BOARD REQUEST FOR DEP0NENTS FOR PROPOSED DISCOVERY SANCTION INQUIRY" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system or, as indicat-ed by double asterisks, by telecopier, this 28th day of June 1988.
Jan;es P. Gleason, Chairman **
Jerry R. Kline**
Administrative dudge Administrative Judge
/ tonic Safety and Licensing Eoard Atonic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Wes hington, D C 20555 Washington, D C 20555 Frederick J. Shon**
Jonathan D. Feinberg, Esq.
Administrative Judge New York State Department of Atenic Safety and Licensing Public Service Board Three Empire State Plaza U.S. Nuclear Pegulatory Commission Albany, N Y 122E3 Washington, D C 20555 Joel Blau, Esq.
Fabian G. Palomino, Esq.***
Director, Utility Intervention Special Counsel to the Governor Suite 1020 Executive Chamber 99 Washington Avance State Capitol Albany, N Y 12210 Albany, NY 12224 m
s y
2 Philip McIntire W. Taylor Reveley III, Esq.
Federal Emergency Management Donald P. Irwin, Esq.***
Agency Hunton & Williams 26 Federal Plaza 707 East Main Street Room 1349 P.O. Box 1535 New York, N Y 10278 Richmond, V A 23212 Stephen B. Latham, Esq.
Herbert H. Brown, Esq.
Twomey, Latham & Shea Lawrence Coe Lanpher, Esq.***
Attorneys at Law Karla J. Letsche, Esq.
33 West Second Street Kirkpatrick & Lockhart Riverhead, N Y 11901 South Lobby - 9th Hoor 1800 M Street, NW l
Atomic Safety and Licensing Washington, D C 20036-5891 Board Panel
- U.S. Nuclear Regulatory Commission Jay Dunkleberger Washington, D C 20555 New York State Energy Offi?c A gency Building 2 Atomic Safety and Licensing Empire State Plaza Appeal Board Panel
- Albany, N Y 12223 U.S. Nuclear Regulatory Commission Washington, D C 20555 Spence W. Perry, Esq.
Martin Bradley Ashare, Esq.
General Counsel Suffolk County Attorney Federal Emergency Management H. Lee Dennison Building Agency Veteran's Memorial Highway 500 C Street, SW Hauppauge NY 11788 Washington, D C 20472 Anthony F. Earley, Jr.
Alfred L. Nardelli, Esq.
New York State Department of Law General Counsel 120 Broadway Long Island Light Company Room 3-118 175 East Old Country Road New York, NY 10271 Hicksville, N Y 11801 Dr. Monroe Schneider Ms. Nora Bredes North Shore Committee Shoreham Opponents Coalition P.O. Box 231 195 East Main Street Wading River, NY 11792 Smithtown, N Y 11787 Willia m R. C u m min g, E s q.
Barbara Newman Office of General Counsel Director, Environmental Health Federal Emergency Management Agency Coalition for Safe Living 500 C Street, SW Box 944 Washington, D C 20472 Huntington, New York 11743
-i Dr. Robert Hoffman Docketing and Service Section*
Long Island Coalition for Safe Office of the Secretary Living U.S. Nuclear Regulatory Commission P.O. Box 1355 Washington, D C 205S5 Massapequa, NY 11758 Dr. W. Reed Johnson 115 Falcon Drive, Colthurst Cterlottesville, V A 22901 A.
Mitz AfYouhg
~f
[/
i Coun for NRC Staff I
)
- - - - - _. - - - _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _