ML20207C596
| ML20207C596 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 12/23/1986 |
| From: | Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Frye J, Paris O, Shon F Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-2007 OL-5, NUDOCS 8612300185 | |
| Download: ML20207C596 (3) | |
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Frye, III, Esq., Chairman Dr. Oscar H.
Paris Mr. Frederick J.
Shon BY TELECOPIER Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Cotamission East-West Towers 4350 East-West Highway Bethesda, MD 20814 Gentlemen:
LILCO has received by Federal Express this morning a raft of correspondence and pleadings from Intervenors.
Various of the items purport to deal with matters addressed in the attached motion.
Intervenors' latest filings merely underscore the urge.it need for a prompt conference of counsel requested in the attached motion.
What is clear by now is that Intervenors are following a policy of deliberately flouting the schedule-laid down by the Board in its December 11 Order, and of stonewalling LILCO on dis-covery in such a fashion that LILCO is forced repeatedly to seek the Board's help, despite its inevitable inconvenience for all, in order to avoid substantial prejudice to itself and to this proceeding.
The following pattern is now emerging:
1.
Intervenors have served notice on the Board that they do not intend to complete designation of their wi nesses by December 24.
(Letter Christopher M.
McMurray to Lee B.
seugin, December 22, 1986.)
2.
Intervenors have served notice on the Board that they do not intend to complete discovery by the January 21 deadline set by the Board.
(Letter, Karla J.
Letsche to the Board, December 22, 1986.)
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HUNTON Se WILLIAMS December 23, 1986 Page 2 3.
Intervenors are jamming the discovery schedule by desig-nation of vast numbers of proposed witnesses and delaying their designation.
Within the past two and a half weeks Intervenors have designated a total of ten new witnesses, only eight of whose identities have been revealed.
However, LILCO has obtained information, in such discovery as it has been able to take thus far, indicating that Intervenors have on various occasions con-tacted potential witnesses with respect to testifying literally months before disclosing their identities to LILCO or the Board.1/
4.
Intervenors are delaying the advancing of the process of this hearing by systematically refusing to make meaningful and timely discovery voluntarily, and instead compelling LILCO on each occasion to resort to the Board.
This has occurred with respect to interrogatories filed against Intervenors generally and against New York State.
It is occurring with respect to LILCO's request for admission of the accuracy of the exercise timeline.
It relates to witnesses' testimony during deposition, where they are regularly unable to answer substantive questions concerning their intended testimony.2/
The integrity of this proceeding is in serious jeopardy.
The Beard's prompt and strict attention, and enforcement, are needed.
LILCO is vitally interested in a fair, impartial, and to the extent any possibility remains of it, expeditious proceeding in keeping with the Commission's order, CLI-86-ll, issued now fully six months ago.
LILCO will assist the Board and all other 1/
Indeed, LILCO learned informally of the likely designation of Susan Saegert, officially designated by Suffolk County only yesterday, in a deposition on December 18 in which Stephen Cole, another witness for Intervenors, let slip his understanding that she would be a witness.
2/
What answers have been elicited on the substance of intended testimony itself have typically been of little value.
The vast majority of witnesses deposed thus far (e.g., Petrone, Michel, McGuire, Dormer, Cosgrove, Streeter, Perrow, Cole, Simon) have merely indicated that they have read and concur with contentions they sponsor.
However, they typically either have no detail to add to the contentions, having not yet started substantive work, or are prevented from discussing it by assertions of attorney-client privilege or work product doctrine.
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-T HUNTON & WILLIAMS December 23, 1986 Page 3 parties interested in this type of process in obtaining it.
How-ever, LILCO cannot unilaterally enforce the rules against contu-macious opponents.
The Board's help is needed.
LILCO respect-fully requests that the Board convene another conference of counsel as soon as possible next week.
Sincerely yours
.w
. <\\
Donald P.
Irwin 91/730 cc:
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