ML20212C307
| ML20212C307 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 12/19/1986 |
| From: | Zeugin L HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1978 OL-5, NUDOCS 8612300007 | |
| Download: ML20212C307 (4) | |
Text
- .
LILCO, December 19,1986 t
DCLFEiED UNITED STATES OF AMERICA UW NUCLEAR REGULATORY COMMISSION
'86 DEC 23 All :49 Before the Atomic Safety and Licensing Board CFf n.
CCC.itim In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-5
) (EP Exercise)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
LILCO'S MOTION FOR DISCOVERY OF Tile NRC STAFF Pursuant to 10 CFR S 2.720(h)(2)(ii) and (111), LILCO requests the Board to require the NRC Staff to respond to two discovery requests and to produce one or more knowl-edgeable NRC employees of the Staff's choice for deposition. LILCO believes that an-swers to these requests are necessary for a proper decision in this proceeding and are not obtainable elsewhere.M Specifically, LILCO seeks responses to the following two discovery requests:
1.
Please identify and provide copies of any documents, other than NUREG-0654 and actual FEMA post-exercise assessment reports, relied upon or used by the NRC Staff in interpreting the meaning of the phrase " full par-ticipation" as that phrase is used in 10 CFR Part 50, App. E(IV)(F) and foot-note 4 thereto.
2.
Please identify NRC Stati personnel who are f amiliar with the Staff's inter-pretation of the phrase " full participation."
In addition, LILCO requests that the Board instruct the Staff to produce one or more of the Staff employees identified la response to the second interrogatory for deposition.
8612300007 861219 PDR ADOCK 05000322 G
PDR y
LILCO recognizes that discovery against the Staff is normally rare.
See Pennsylvania Power and Light _CA (Susquehanna Steam Electric Station, Units 1 and 2),
ALAB-613,12 NRC 317, 323 (1980). However, LILCO's believes that the f acts in this case warrant the limited discovery requested.
)
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- The bases for LILCO's requests are straightforward. As this Board recognized in its December 19 Memorandum and Order ruling on LILCO's Motion to Compel New York State to Respond to Interrogatories, information on other full participation exercises is necessary in order to address intelligently the issues raised in Contentions EX 15 and
- 16. Memorandum and Order at 5. Furthermore, the Board explicitly recognized that the Staff's input on these issues may be important. Memorandum and Order at 5 n. 4.
LILCO's discovery requests seek to elicit the Staff's views on these issues.
LILCO's first interrogatory and request for production of documents focuses on docu-ments that are not readily identifiable or easily obtainable from the NRC Public Docu-ment Room. LILCO's second request and the request for production of an NRC employ-ee for deposition flows from the fact that the Staff has publicly stated that it does not intend to sponsor any witnesses during the exercise litigation. See NRC Staff Response to Suffolk County's First Request for Production of Documents and First Set of Inter-rogatories to the NRC Staff, at 4. Accordingly, the only means available to LILCO for discerning the Staff's interpretation of the phrase " full participation"is through a depo-sition.
WHEREFORE, LILCO requests that the Board instruct the NRC Staff to respond to LILCO's two discovery requests and to provide an NRC employee for deposition.
Respectfully submitted, nald P. I Lee B.Zeu n Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: December 19,1986
LILCOo December 19,1986
)
E xy!.ij :
une CERTIFICATE OF SERVICE l
'86 DEC 23 N1 :49.
I In the Matter of l
LONG ISLAND LIGHTING COMPANY I[0CNt'C M
l (Shoreham Nuclear Power Station, Unit 1)
BN" l
Docket No. 50-322-OL-5 I hereby certify that copies of LILCO'S MOTION FOR DISCOVERY OF THE NRC STAFF were served this date upon the following by telecopy as indicated by one aster-
!sk, Federal Express as indicated by two asterisks, or by first-class mail, postage pre-paid.
John H. Frye, III, Chairman
- Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 East-West Towers 4350 East-West Hwy.
Bernard M. Bordenick, Esq.
- Bethesda, MD 20814 Oreste Russ Pirfo, Esq.
Edwin J. Reis, Esq.
Dr. Oscar H. Paris
- U.S. Nuclear Regulatory Commission Atomic Safety and Licensing 7735 Old Georgetown Road Board (to mailroom)
U.S. Nuclear Regulatory Commission Bethesda, MD 20814 East-West Towers 4350 East-West Hwy.
Herbert H. Brown, Esq. **
Bethesda, MD 20814 Lawrence Coe Lanpher, Esq.
Karla J. Letsche, Esq.
Mr. Frederick J. Shon
- Kirkpatrick & Lockhart Atomic Safety and Licensing South Lobby - 9th Floor Board 1800 M Street, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C. 20036-5891 l
East-West Towers, Rm. 430 4350 East-West Hwy.
Fabian G. Palomino, Esq. "
Bethesda, MD 20814 Richard J. Zahnleuter, Esq.
Special Counsel to the Governor Secretary of the Commission Executive Chamber Attention Docketing and Service Room 229 Section State Capitol U.S. Nuclear Regulatory Commission Albany, New York 12224 1717 H Street, N.W.
Washington, D.C. 20555 Mary Gundrum, Esq.
Assistant Attorney General Atomic Safety and Licensing 120 Broadway Appeal Board Panet Third Floor, Room 3-116 U.S. Nuclear Regulatory Commission New York, New York 10271 Washington, D.C. 20555
i I
/ 3' Spence W. Perry, Esq. **
Ms. Nora Bredes William R. Cumming, Esq.
Executive Coordinator Fedecal Emergency Management Shoreham Opponents' Coalition Agency 195 East Main Street 500 C Street, S.W., Room 840 Smithtown, New York 11787 Washington, D.C. 20472 Gerald C. Crotty, Esq.
l Mr. Jay Dunkleberger Counsel to the Governor New York State Energy Office Executive Chamber Agency Building 2 State Capitol I
Empire State Plaza Albany, New York 12224 Albany, New York 12223 Martin Bradley Ashare, Esq.
Stephen B. Latham, Esq. **
Eugene R. Kelly, Esq.
Twomey, Latham & Shea Suffolk County Attorney 33 West Second Street H. Lee Dennison Building P.O. Box 298 Veterans Memorial Highway i
Riverhead, New York 11901 Hauppauge, New York 11787 l
Mr. Philip McIntire Dr. Monroe Schneider Federal Emergency Management North Shore Committee Agency P.O. Box 231 26 Federal Plaza Wading River, NY 11792 New York, New York 10278 Jonathan D. Feinberg, Esq.
New York State Department of Public Service, Staff Counsel Three Rockefeller Plaza Albany, New York 12223
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Lde B. 2eyn ()
Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: December 19,1986 1