ML20213A003

Advises Board & Parties of Events Associated W/State of Ny Response to Lilco First Set of Interrogatories & Request for Production of Documents.Agreements Reached by State of Ny & Util Listed.Certificate of Svc Encl.Related Correspondence

ML20213A003
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	01/21/1987
From:	Zahnleuter R NEW YORK, STATE OF
To:	Frye J, Paris O, Shon F Atomic Safety and Licensing Board Panel
References
CON-#187-2335 OL-5, NUDOCS 8702030052
Download: ML20213A003 (5)

Text

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ExccuTive CHAMBER PASI AN PALOMINO spectee Couneo,,o e,ie covernor January 21,1987 BY TELECOPIER Mr. John H. Frye,111 Chairman Dr. Oscar H. Paris Mr. Frederick 3. Shon Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 RE: Shoreham Nuclear Power Station Docket No. 50-322-OL-5 (EP Exercise)

Gentlement

" Die purpose of this letter is to advise the Board and parties of events associated with the " State of New York's Response to LILCO's First Set of Interrogatories and Requests for Production of Documents to New York State," served on January 20, 1987. Although the Board will be receiving a copy of this document by first-class mail, an additional copy is attached hereto for the Board's immediate reference.

On January 20,1987, the State of New York completed the process of answering interrogatories, compiling documents and identifying a knowledgeable person who could be available for deposition in compliance with the Board's Memorandum and Order of December 19,1936. During the late af ternoon of January 20,1987, counsel for the State of New York attempted to telecopy the State of New York's interrogatory responses to LILCO, but was thwarted by busy signals. Counsel did not succeed until approximately 6:15 p.m., which was when LlLCO apparently stopped telecopying "LILCO's Motion Requesting issuance of Subpoenas." Consequently, LILCO's statement on page two of its motion is now moot "LILCO has yet to receive any response either by way of interrogatory answer, documents, or designated witness, from New York State (footnote omitted)."

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-no LILCO's counsel, af ter haeing received on January 21,1937 three Federal Id 8' Express Overnight Boxes containmg responsive documents, and, af ter having received C@ on January 20,1937 the State of New York's answers to LlLCO's interrogatories and So identification of a knowledgeable person who could be available for a deposition, reg approached the State of New York's counsel about resolving "LILCO's Motion 88 Requesting issuance of Subpoenas." Counsel for the State of New York and LILCO g reached the following agreements:

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[d.n 1. As indicated on pages four and ten of the " State of New York's Response to ph LILCO's First Set of interrogatories and Requests for Production of Documents to New York State," Mr. James Papile, who is currently 3 ,

k serving as the Director of the New York State Radiological Preparedness Group ("REPG"), will be deposed in Albany, New York, on February 3,1987, provided that LILCO formally notices his deposition and that the deposition of Mr. Kessler, currently tentatively scheduled for February 3,1987, is moved to an open date in the schedule agreed upon by all parties.

2. LILCO withdraws that portion of "LILCO's Motion Requesting Issuance of l Subpoenas" pertalning to Mr. Paplie.

3. The State of New York intends to file its substantive response on or before January 23,1987.

Is. LILCO will not seek to expand the scope of "LILCO's Motion Requesting Issuance of Subpoenas" prior to January 23,1987.

Respectively submitted,,

(*/*, .l . .a Fabian G. Palomino Richard J. Zahnleuter Special Counsel to the Governor Attachment cc: Service List t

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r DATE: January 21, 7 28 A8:30 CFr ' '

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-5

) (EP Exercise)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of the letter from Richard J. Zahnleuter to Mr. John H.

Frye,111 have been served on the following this 21st day of January 1987 by U.S. mail, first class, except as otherwise noted.

John H. Frye, !!!* Dr. Oscar H. Paris

• Chairman 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 Mr. Frederick J. Shon* Spence W. Perry, Esq.*

Atomic Safety and Licensing Board William R. Cumming, Esq.

U.S. Nuclear Regulatory Commission Of fice of General Counsel Washington, D.C. 20555 Federal Emergency Management Agency Washington, D.C. 20472 1

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Anthony F. Earley, Jr., Esq. Joel Blau, Esq.

General Counset Director, Utility Intervention Long Island Li$ ting Company N.Y. Consumer Protection Board 175 East Old Country Road Suite 1020 Hicksville, New York 11801 Albany, New York 12210 Mr. William Rogers W. Taylor Reveley,111, Esq.*

Clerk Hunton & Williams Suffolk County Legislature P.O. Box 1535 Suffolk County Legislature 707 East Main Street Office Building Richmond, Virginia 23212 Veterans Memorial Highway Hauppauge, New York 11738 Stephen B. Latham, Esq.

Twomey, Latham & Shea Mr. L. F. Britt 33 West Second Street Long Island Lighting Company Riverhead, New York 11901 Shoreham Nuclear Power Station North Country Road Docketing and Service Section Wading River, New York 11792 Office of the Secretary U.S. Nuclear Regulatory Commission .

l Ms. Nora Bredes 1717 H. Street, N.W.

Executive Director Washington, D.C. 20555 Shoreham Opponents Coalition 195 East Main Street Hon. Peter Cohalan Smithtown, New York 11737 Suffolk County Executive

,- H. Lee Dennison Building Veterans Me norial Highway Mary M. Gundrum, Esq. Hauppauge, New York 11788 f New York State Department of Law I 120 Broadway,3rd Floor Dr. Monroe Schneider Room 3-116 North Shore Committee New York, New York 10271 P.O. Box 231 Wading River, New York 11792 MHB Technical Associates 1723 Hamilton Avenue Lawrence Coe Lanpher, Esq.*

Suite K Kirkpatrick & Lockhart San Jose, California 95125 1900 M. Street, N.W.

Suite 800 Martin Bradley Ashare, Esq. Washington, D.C. 20036 Suffolk County Attorney Building 158 North County Complex Bernard M. Bordenick, Esq.*

Veterans Memorial Highway U.S. Nuclear Regulatory Commission Hauppauge, New York 11738 Washington, D.C. 20555 Mr. Jay Dunkleburger New York State Energy Of fice Agency Building I/2 Empire State Plaza Albany, New York 12223 M

.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _. _ ]

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i David A. Brow $ lee, Esq. Mr. Stuart Diamond Kirkpatrick at Lockhart Business / Financial 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 W. 43rd Street New York, New York 10036 e '1 Richard J. ZatprisyteqJf E .

Deputy Special(_ounsel to the Governor Executive Chamber Capitol, Room 229 A!bany, New York 12224

• By telecopy.

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