ML20212K354
| ML20212K354 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/03/1987 |
| From: | Lanpher L, Latham S, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#187-2687 OL-3, NUDOCS 8703090282 | |
| Download: ML20212K354 (10) | |
Text
,
h *-
y,jggy DOCKETED USilRC
'87 ME -5 P2 :05 March 3, 1987
['
,r
- < ^ 4 '-
Mj
.u UNITED STATES OF AMERICA o
NUCLEAR REGULATORY COMMISSION Before the Atomic Safetv and Licensina-Board
)
(*
In'the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
-Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON MOTION TO COMPEL LILCO TO PERMIT SITE VISIT Suffolk County, the State of New York, and the Town of Southampton (" Governments") file this Motion in order to obtain prompt Board resolution of a matter which has the potential to delay _the proceeding.
The Governments respectfully request that the Board convene a conference call today, March 3, 1987, in order to address this matter.
b Briefly, the matter at issue concerns the site visit of the LILCO relocation centers which is scheduled for March 4, 1987.
As set forth in the attached letters of February 26 and 27, 1987, between New York State counsel and LILCO counsel, LILCO has insisted that the Governments agree to turn over to LILCO copies 8703090282 B70303 PDR ADOCK 05000322 g
G PDR g
's._
t,
of all pictures or measurements taken during the site visit.
The Governments have refused this LILCO attempt to pre-condition the right to conduct site visit discovery as permitted by 10 CFR S 2.741(a)(2), particularly since (1) this LILCO demand calls for the production of attorney work product, and (2) LILCO personnel will be accompanying the persons on the site visit and have complete access to the sites, and so can obtain their own pictures and measurements.
Egg attached letter'from New York State counsel to LILCO counsel.
Further, LILCO obviously can file a discovery request for the materials.
To the extent they are not privileged, LILCO would have access to the materials by such a normal discovery procedure.
The Governments have proposed a compromise by which the Governments would provide LILCO with any pictures or measurements which may be relied upon by the Governments' experts in t
testimony.
LILCO has orally rejected any compromise, however.
Absent Board resolution prior to the site visit, it appears that LILCO will preclude the Governments from taking necessary pictures and measurements during the site visit.
The resulting need for a second site visit will create a waste of time and money, and will result in delay in this proceeding, since, as the Board knows, the schedule in this proceeding already has no free time.
i -.
Pb
- 6 Rather than burden the Board with extensive further discussion of this matter in this Motion,-the Governments respectfully request that a conference call-be convened today.
While the matters at issue are basically self-explanatory, the Board may wish to permit discussion by each party during that call.
t In order to arrange the conference call, the Board is requested to contact Mr. Lanpher (202/778-9011) who will have available the telephone numbers whereby counsel can be contacted.
This is necessary because today the counsel most directly involved in this proceeding are in depositions in Albany, New York.
Those depositions can be adjourned briefly in order to accommodate a Board conference call.
l Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 i
1 J
--...,--r._.
,__.y, mm..-_.-._
,.__.._.-...-.7
-._m...,,
m.
1,,
.h 4-
- 2 Herbert H. Brown'
/
Lawrence Coe Lanpher Christopher M. McMurray KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C. 20036-5891 Attorneys for Suffolk County kw
/
Fabian G.
Palomino Richard J. Zahnleuter 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 1
StepRn B.
Latham
~'
/
Twomey, Latham & Shea P.O. Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of Southampton i
i i
f
I,.
Hvwrow & WILLIAwo 707 East MAIN stinsav P.O. som less
- s
== m==. - mu..
Racuwown. VInoaWIA eos1e wm woe
..a. #.'*r*..
"" '.*.O ;;". '.**t," '
m..
2...
m.. ~.. u.,........
m.....
o.
,;..g.;..,
m....u...
"****'" ".....t...' ".*a.
- ^"*;200 :.."t.:'!**
t.m.
.....~..i.
""*"'"""".:1^."? ""'"
,.,0.'t, m... 0. ?;....
""='d::"t 't!'1.'
u....
24566.300001 aa a..
.,.........7278 February 26, 1987 VIA TELECOPY Richard J.
Eahnleuter, Esq.
Assistant to special Counsel to the Governor State Capitol Albany, New York 12224
Dear Rick:
Per your request, I have put in writing our conditions for the site area visit at the LILCO Reception Centers now rescheduled for March 4, 1987.
While we acknowledge that you have a right to take photographs and radiological measurements, we reserve the right to condition the taking of these pictures and measurements upon your agreement to subsequently produced them to us.
If this condition is not agreed to by you, you will not be permitted to bring camera and radiological monitoring equipment upon LILCO property.
A failure to agree to this format will result in a need to delay the site area visit until the Board is able to review your objection to this procedure.
Please inform us of your decision no later than the close of business on Friday, February 27, 1987.
s sincerely yours, t
i Mary o Leugers o(.
438/735 cc:
Christopher M. McMurray, Esq.
e
?
?
~~
FEE 28 *57 1D 12 UK ' 'EC CH p,;
w q
t.
STAtt or New YORK EXECUTIVE CHAMBER FASIAN PALOMINO spesfal Counsel to tPe oovveer February 27,1987 By telecopier Mary Jo Leugers, Esq.
Hunton & Wil!!ams P.O. Box 1535 Richmond, Virginia 23212 Re: Docket No. 50-322-OL.3
Dear Mary 3o:
This letter confirms the substance of conversations which I have had with you concerning the site visit now scheduled for next Wednesday, March 4,1987. Itis unacceptable to the State of New York for LILCO to condition the right to take photographs and radiological measurements during the site visit on the promise that all such photographs and radiological measurements be subsequently produced to 1.120.
Such photographs and radiological measurements will be taken by the State's proposed witnesses and other personnel at the express direction of the State's attorneys. Thus, such photographs and measurements constitute attorney work product and are exempt from discovery. Notwithstanding the foregoing, we will agree that any photographs or measurements which our witnesses decide to utilize or rely on in their testimony will be turned over to LILCO as soon as such a determination is made. I understand that the County will also agree to the same arrangement with respect to County witnesses.
I can discern no reason why the foregoins arrangement should not be completely satisfactory to LILCo. This particularly is the case since LILCO personnel will accompany our personnel during the site visit, and thus will be able to know precisely what pictures and measurements are being taken. LILCO, of course, can take similar pictures and measurements for itself at the time of the site visit or at any other time since Lit.CO controls the sites.
The time schedule for completion of discovery is extraordinarily tight. If the arrangement described above is not agreed to by LILCO, the potential for delay exists, particularly if there is a need in advance of the site visit to obtain Board resolution of this matter. I request that you give this close consideration, and let me know LILCO's final position by no later than close of business today.
I..
FEB 28 '87 15:13 Ur4 *"Ec CH iy a
Mary 3o Leugers, Esq.
P;bruary 27,1987 Page 2 Thank you for your prompt attention to this matter.
Sincerely yours, 22 P j
ad
&&E)
Richard. Z e er cci Christopher M. McMurray P
~
p 1Tl K E i! I.:
mc March 3, 1987
'87 MAR -5 P2 :05 UNirED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
,,y Before the Atomic Safety and Licensino Board
't
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON MOTION TO COMPEL LILCO TO PERMIT SITE VISIT have been served on the following this 3rd day of March 1987 by U.S. mail, first class, except as otherwise noted.
Morton B. Margulies, Esq., Chairman
- Mr. Frederick J. Shon*
Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Jerry R.
Kline*
William R. Cumming, Esq.*
Atomic Safety and Licensing Board Spence W. Perry, Esq.
U.S. Nuclear Regulatory Commission Office of General Counsel Washington, D.C.
20555 Federal Emergency Management Agency 500 C Street, S.W.,
Room 840 Washington, D.C.
20472
l*
h.
Joel Blau, Esq.
Anthony F. Earley, Jr., Esq.
Director, Utility Intervention General Counsel N.Y. Consumer Protection Board Long Island Lighting Company Suite 1020 175 East Old Country Road Albany, New York 12210 Hicksville, New York 11801 Ms. Elisabeth Taibbi, Clerk W. Taylor Reveley, III, Esq.*
Suffolk County Legislature Hunton & Williams Suffolk County Legislature P.O. Box 1535 Office Building 707 East Main Street Veterans Memorial Highway Richmond, Virginia 23212 Hauppauge, New York 11788 Mr. L. F. Britt Stephen B. Latham, Esq.
Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power Station 33 West Second Street North Country Road Riverhead, New York 11901 Wading River, New York 11792 Ms. Nora Bredes Docketing and Service Section Executive Director Office of the Secretary Shoreham Opponents Coalition U.S. Nuclear Regulatory Comm.
195 East Main Street 1717 H Street, N.W.
Smithtown, New York 11787 Washington, D.C.
20555 Mary M. Gundrum, Esq.
Hon. Michael A. LoGrande New York State Department of Law Suffolk County Executive 120 Broadway, 3rd Floor H. Lee Dennison Building Room 3-116 Veterans Memorial Highway New York, New York 10271 Hauppauge, New York 11788 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee Suite K P.O. Box 231 San Jose, California 95125 Wading River, New York 11792 Martin Bradley Ashare, Esq.
Fabian G. Palomino, Esq.*
Suffolk County Attorney Special Counsel to the Governor Bldg. 158 North County Complex Executive Chamber, Rm. 229 Veterans Memorial Highway State Capitol Hauppauge, New York 11788 Albany, New York 12224 Mr. Jay Dunkleburger Richard G. Bachmann, Esq.*
New York State Energy Office Myron Karman, Esq.
Agency Building 2 Charles A. Barth, Esq.
Empire State Plaza George E. Johnson, Esq.
Albany, New York 12223 U.S. Nuclear Regulatory Comm.
Office of General Counsel Washington, D.C.
20555
t-Y David A. Brownlee, Esq.
Mr. Stuart Diamond Kirkpatrick & Lockhart Business / Financial 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 W.
43rd Street New York, New York 10036 Douglas J. Hynes, Councilman Town Board of Oyster Bay Town Hall Oyster Bay, New York 11771 W %R
^
' Lawrence Coe Lanpher/F KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891
- By Telecopy