ML20196H962
| ML20196H962 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/08/1988 |
| From: | Lanpher L, Latham S, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY, TWOMEY, LATHAM & SHEA |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20196H947 | List: |
| References | |
| OL-3, NUDOCS 8803140118 | |
| Download: ML20196H962 (5) | |
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4 DOCKETED USNRC Mare]dm 8ppl988P4 33 UNITED STATES OF AMERICA 0FFICE OF SECRETAhV 00CKEiftj A rERvlCf; NUCLEAR REGULATORY COMMISSION 4
Before the Atomic Safety and Licensino Board l
)
In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-3
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(Emergency Planning)
(Shoreham Nuclear Power Station,
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Unit 1)
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GOVERNMENTS' MOTION FOR EXTENSION OF TIME FOR DISCOVERY ON HOSPITAL, EMERGENCY BROADCAST SYSTEM, AND SCHOOL ISSUES The Governments (Suffolk County, New York State, and the Town of Southampton) received the Board's order dated March 7, 1988.
In accordance with the Board Order, the Governments move for an extension of discovery on the hospital, emergency broad-l l
cast system ("EBS"), and school issues.
Discovery currently ends on March 14, 1988, on hospital and EBS issues; it ended February 29 on school issues.
The Governments request that the l
l discovery period be extended until May 13, 1988, on EBS and hocpital issues; on schools, the Governments request a period of l
additional discovery of the FEMA witnesses from May 9-13 (assum-ing the RAC review is completed on schedule).
8903140110 090309 PDR ADOCK 05000322 o
i 9
The L ses for this Motion are set forth in two documents: hereto:
Governments' Response to Bot.rd Request for Schedule Proposals and Motion to Reconsider Discovery Orders, March 1, 1988 (agg especially pages 10-20); and hereto:
Letter to Judges Gleason, Kline and Shon from Karla J.
Letsche, March 3, 1988.
These documents set forth with particularity and conciseness the necessity for the requested extension.
They are being refiled since the Board stated in its March 7 Order that it had not considered them.
They remain accurate, and no useful purpose would be served by restating the points made in those documents.
The Governments emphasize the point made in Attachments 1 and 2:
the present simultaneous 15-day discovery periods for EBG and hospital issues (and the discovery cutoff on the school issue prior to the FEMA RAC review being complete) are not fair or workable.
The parties have proceeded with dispatch on the hospital and EBS issues since discovery began.
Many sets of interrogatories, document requests, and requests for admissions have already been sent out.
A deposition was conducted yester-day; additional depositions are schediled for today, Thursday and Friday.
The Governments are agt, however, in a position to complete meaningful discovery, by conducting depositions of expert wit-nesses, on the highly technical aspects of these issues.
- Thus, depositions of LILCO's Mr. Dippell (on technical EBS issues), and LILCO's Mr. Lieberman and the Staff's Mr. Urbanik (both on evacu-ation time estimates) cannot proceed meaningfully until the i
l Governments have been able to retain consultants (and confer with existing consultants) and pursue the necessary activities to prepare for the depositions.
Moreover, FEMA's RAC review will not be completed until May 6, 1988.
The Governments are entitled l
to additional discovery time (until May 13) to enable them to engage in discovery of FEMA.
The Appeal Board last year emphasized that Licensing Boards l
l must set fair schedules.
Among the factors to be considered are the number, scope and complexity of issues to be tried, and whether there is any need or basis for expedition.
Public Service Co. of New Hamoshire (Seabrook Station, Units 1 and 2),
ALAB-864, 25 NRC 417, 421 (1987).
The Appeal Board also empha-sized that intervenors must have an opportunity to confront FEMA findings.
Id. at 427-28..-
e Attachments 1 and 2 hereto demonstrate the need for more time.
The EBS, hospitals and school issues may be relatively discrete, but they are not so narrow that they do-not each require substantial time for adequate preparation.
- Further, these issues must be looked at in the context of the many other matters being pursued at the same time -- including two Exercise appeal proceedings, a 25% power proceeding, and legal authority issues.
Egg Attachment 1 at 18-19.
Finally, there is no need for the haste which has been ordered., at 20.
i Respectfully submitted, E. Thomas Boyle Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Ha'appauge, New York 11788
" Ww r
Lawrence Coe L5npMer Karla J.
Letsche Michael S. Miller KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 Attorneys for Suffolk County
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J i
t 5 h f k nt$* f A
Fabian G.
Palomino Special Counsel to the Governor of the State of New York Executive Chamber, Room 229 Capitol. Building Albany, New York 12224 Attorney for Mario M. Cuomo, Governor of the State of New York 7
8-dA Stephen B. Latham Twomey, Latham & Shea P.O.
Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of Southampton 5-
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