ML20207S610
| ML20207S610 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/17/1987 |
| From: | Margulies M Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#187-2837 86-529-02-OL, 86-529-2-OL, OL-3, NUDOCS 8703200093 | |
| Download: ML20207S610 (2) | |
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S 00LKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMIS3 ION
'87 MAR 18 - P3 :44 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
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G BRANCH Morton B. Margulies, Chairman Dr. Jerry R. Kline Mr. Frederick J. Shon SEhVED MAR 191987
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In the Matter of
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Docket No.- 50-322-0L-3
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(Emergency Planning)
LONG ISLAND LIGHTING COMPANY
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(ASLBP No. 86-529-02-OL)
(Shoreham Nuclear Power Station,
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Unit 1)
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March 17,1987
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Memorandum Memorializing Ruling On Motion To Strike Two Designated Individuals As Witness On March 12, 1987 LILC0 filed a motion to strike as witnesses two individuals Suffolk County designated on March 10,~1987 to address anticipated NRC testimony on probabilistic risk assessments and similar
-technical analysis.
Applicant contended it was a late designation of witnesses which would force a de facto extension of the discovery period established by the Board.
It foresaw, as a result, the delay of the start of the hearing because of the extension of the discovery period into the time during which LILCO needs for preparing its written testimony.
It moved to strike the two as untimely designated witnesses or in the alternative for the Board to grant LILCO a two week extension for filing LILCO's written testimony, without changing any other dates.
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I Suffolk County in a response filed March 13, 1987 moved that-the motion be summarily rejected.
It noted that only on March 10, 1987 was it confirmed to the County that Staff would rely on orobabilistic risk assessments and within three hours of so learning the County notified LILC0 of its two witnesses that would address the issues. Suffolk County asserted it was not responsible for the delay and considered Staff the responsible party.
The matter was the subject of a telephone conference on March 16, 1987, in which LILCO, Suffolk County, the State of New York, Staff and FEMA participated.
The Board after hearing the positions of Applicant and the County denied as without merit the motion to strike the two individuals as witnesses. LILC0 after hearing the Staff's description of the extent to which it intended to rely on probabilistic risk assessments decided that it would not seek to depose the County witnesses.
It would seek to file rebuttal testimony should LILC0 consider it to be appropriate. This left nothing further for the Board to decide but to deny the motion in its entirety which was done.
FOR THE ATOMIC SAFETY AND LICENSING BOARD lLu s
Morton B. Margulies,.] Chairman ADMINISTRATIVE LAW JUDGE Dated at Bethesda, Maryland this 17th day of March,1987