ML20207R793
| ML20207R793 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/12/1987 |
| From: | Christman J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20207R794 | List: |
| References | |
| CON-#187-2795 OL-3, NUDOCS 8703180143 | |
| Download: ML20207R793 (5) | |
Text
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27f5 utCO, March 12, im s
00LMETEC UD"C UNITED STA TES OF AMERICA NUCLEAR REGULATORY COMMISSION
'87 MR 13 P4 :22 Before the Atomic Safety and Licensine floard crou.
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in the Matter of
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LONG ISLAND LIGl! TING COMPANY
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Docket No. 50-322-OL-3
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IEmergency Planning)
(Shoreham Nuclear Power Station.
) (Reopened Reception Conter Issue)
Unit 1)
)
LILCO'S MOTION TO STRIKE TWO NEWLY DESIGN ATED SUFFOLK COUNTY WITNESSES On March 10, Suf folk County designated two witnesses, Steven Sholley and Gregory C. Minor, to address anticipated NRC Staff testimony on "probabilistic risk as-sessments, consequence analyses, and similar technical analyses." A copy of the lotter announcing these two witnesses is attached.
The result of this lato designation of witnesses is to force a dg (algig extension of the discovery period, contrary to the discovery scheduto established by the lloard. As the attached letter indicates, the County is making Mr. Sholley ava!!able for deposition on March 17 or 18 and Mr. Minor available "as his scheduto allows." In short, the Coun-ty is attempting unilaterally to change the Board ordered discovery schedule.
This is not the first time. As the Board will recall, several wooks ago, by desig-nating a largo number of witnesses lato in the discovery period and making only one lawyer available for the Stato,M the 1/
Intervonors' position that they cannot handle more than one deposition at a time has becomo less supportablo with timo. The depositions taken so f ar prove that Suffolk County has two lawyers, each of whom is capablo of taking or defending a deposition on his own. And the State's lawyer has not been attending most of the depositions in any event. Ito was not prcront for examplo, at the depositions of Mr. Donaldson, Dr.
Johnson, Dr. Sacgert, the two NRC Starf witnesses Kantor and llulman, Dr. Radford, the FEM A witnesses. Dr. Linnomann, Drs, llarris and Mayer, Dr. M110ti, Mr. Minor, or Dr. Colo.
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's Intervenors succeeded in imposing a delay from March 6 to March 16 for the cut-of f of discovery. They also insisted on a day-for-day delay of the rest of the scheduled dates, including hearing date.
Now, by designating two more witnesses, only six days f rom the discovery cut-of f, the County is attempting to extend the discovery schedule to such time as Mr.
Minor's " schedule allows." The result of this will be either to delay the beginning of the hearing or to extend the discovery period into the period when LILCO needs to be preparing its written testimony. Since LILCO is reouired to file its testimony first in this proceeding, it is all the more important that it have the time contemplated by the lloard's scheduling orders, unencumbered by f urther discovery proceedings.
Accordingly, LILCO requests the following rollef.
I.
The Board Should Strike The Two Newly Designated County Witnesses LILCO requests that the Board strike the two County witnesses as untimely des-Ignated. (This order would not include Mr. Minor's testimony on the subjects for which he was designated earlier.) This would both avoid a delay in the hearing and give LILCO the time envisioned by the Board to prepare its testimony.
In The Alternative, The Board Should Allow LILCO Two Additional Weeks To File its Testimony But Preserve The Rest of The Scheduto
!! the Board declines to strike the two witnesses it should at ! cast grant LILCO a I
two-week extension of the deadline for filing LILCO's written testimony, but without changing any of the other filing dates or the hearing date. This would result in LILCO's and the Intervenors' filing their testimony simultaneously, as the Intervernors originally requested.
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w LILCO believes that one or the other of those measures needs to be taken promptly in order to preserve the heat!ng schedule and to protect LILCO's procedural rights. But in any event LILCO opposes any delay in the start of the hearing, Respectfully submitted,
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5} fi.L J I. It'Is I
- ICat /'l}'G Ja N. Christm'an
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r Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Vitginia 23212 j
DATED: March 12,1987 s.
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dk-CERTIFICATE OF SERVICE
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. p In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1) r~
Docket No. 50-322-OL-3 h,
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,t I hereb certify that copies of LILCO's Motion to Strike Two Newly Designated Suffolk County Witnesses were served this date upon the following by telecopier as Indicated by one asterisk, by Federal Express as indicated by two asterisks, or by k.
first-class mail, postage prepaid.
Morton B. Margulies Chairman
- Atomic Safety and Licensing
~ Atomic Safety and Licensing Appeal Board Panel Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555
. East-West Towers, Rm. 407 4350 East-West Hwy.
Atomic Safety and Licensing
//
Bethesda, MD 20814 Board Panel U.S. Nuclear Regulatory Commission Dr. Jerry R. Kilne
- Washington, D.C. 20555 Atomic Safety and Licensing Board Richard G. Bachmann, Esq.
- U.S. Nuclear Regulatory Commission George E. Johnson, Esq.
East-West Towers, Rm. 427 U.S. Nuclear Regulatory Commission 4350 East-West ilwy.
7735 Old Georgetown Road Bethesda, MD 20h14 (to mallroom)
Bethesda, MD 20814 Mr. Frederick J. Shon
- Atomic Safety and Licensing Herbert H. Brown, Esq.
- Board Lawrence Coe Lanpher, Esq.
U.S. Nuclear Regulatory Commission Karla J. Letsche, Esq.
East-West Towers, Rm. 430 Kirkpatrick & Lockhart 4350 East-West Hwy.
South Lobby - 9th Floor Batbesda, MD 20814 1800 M Street, N.W.
Washington, D.C. 20036-5891 Sect, Nary of the Commission Atiention Docketing and Service Fabian G. Palomino, Esq.
- Section Richard J. Zahnleuter, Esq.
U.S. Nuclear Regulatory Commission Special Counsel to the Governor 1717 H Street, N.W.
Executive Chamber Washington, D.C. 20555 Room 229 State Capitol Albany, New York 12224 1
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i Mary Gundrum, Esq.
4 Jonathan D. Feinberg, Esq.
Assistant Attorney General New York State Department of 120 Broadway-Public Service, Staff Counsel Third Floor, Room 3-116 Three Rockefeller Plaza
-William R. Cumming, Esq.
Ms. Nora Bredes Spence W. Perry, Esq.
- Executive Coordinator Federal Emergency Management c.
Shoreham Opponents' Coalition
. Agency 195 East Main Street 500 C Street, S.W., Room 840 Smithtown, New York 11787 y
Washington, D.C. 20472 Gerald C. Crotty, Esq.
1 Mr. Jay Dunkleberger Counsel to the Governor 4
New York State Energy Office Executive Chamber
._ Agency Building 2 State Capitol Empire State Plaza Albany, New York 12224 b, j/'
Albany, New York 12223 p
Martin Bradley Ashare, Esq.
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Stephen B. Latham, Esq. **.
Eugene R. Kelly, Esq.
..Twomey, Latham & Shea<
Suffolk County Attorney -
33 West Second Street H. Lee Dennison Building i
P.O.- Box 298
(
Veterans Memorial Highway I '.
Riverhead; New York 11901 Hauppauge New York 11787 Mr. Philip;bcIntire Dr. Monroe Schneider Federal Emergency Management North Shore Committee P.O. Box 231 Agency Wading River, NY 11792 26 Federal Plaza New York, New York 10278 i
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IMI fV Jhmes N. Christman-U (4
Hunton & Williams it7 707 East Main Street K
P.O. Box 1535 Richmond, Virginia 23212 P.
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. DATED: March 12,1987 -
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