ML20214C688

Notifies That FEMA Producing Documents in Response to .Need to Depose Members of Rac Under Active Consideration

ML20214C688
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	11/17/1986
From:	Cumming W Federal Emergency Management Agency
To:	Mark Miller KIRKPATRICK & LOCKHART
References
CON-#486-1581 OL, NUDOCS 8611210199
Download: ML20214C688 (2)

Text

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- Washington, D.C. 20472 November 17, 1986 E1fdE'

'86 NOV 19 All:31 HAND DELIVER OFFh t..t 00Cm .

Michael S. Miller, Esq. - UC Kirkpatrick & Lockhart ~

1900 M. Street, N.H.

Hashington, D.C. 20036 RE: Shoreham

Dear Mr. Miller:

This responds to your letter dated November 13, 1986, that was also -

discussed in the 2 P.M. Conference call among attorneys on Friday, November .

14th.

FEMA is producing the documents discussed in your letter today in Washington at your office. This is pursuant to your request and at your convenience because the documents were otherwise available in New York on the 12th as required by NRC regulations. There is no responsibility for FEMA to make copies but we are doing so for the convenience of all parties.

With respect to the second paragraph of your letter, you will be receiving a copy of our formal response to your document request today. As outlined in the confery ce call, documents are being produced in the following manner:

(1) Documents produced the day of the exercise, and during the exercise (both requirements having to be met), are being produced, with one exception.

Documents that if produced in unr;Jacted form would have an adverse impact on the evaluation process are not being produced based on a claim of deliberative process privilege and ALAB-773. (2) Documents produced prior to the exercise are not being produced because they concern primarily concern Ex Contentions 15 and 16, but a complete copy has been produced and we are willing to let the Board inspect them in camera to deterimine whether they should be released.

l (3) All Post Exercise materials to the extent possible are being produced l unless considered privileged and covered by ALAB-773.

f He agree that you do not need to renotice Ms. Jackson but ask that the time be moved to 2:30 P.M. and we are willing to go as long as needed. Also, you have agreed to give me a new date for Richard Donovan in early December.

l He have under active consideration your need to depose members of the RAC, j many of them also being involved in the review of Revisions 7 & 8 of the LILCO l Plan. The FEMA review is scheduled for completion on December 15th, and it would be helpful to have them deposed on the exercise after that date. Since i

! I do not understand how your intent to litigate plan changes as part of the I exercise litigation (as Ms. Letsche informed me in her letter of October 24, 1986) will be accomplished, anything you can do to limit multiple depositions will be appreciated. Assuming you fully understand my position on ALAB-773, other testimony by RAC members can perhaps be accomplished.

8611210199 861117 2 PDR ADOCK 0500

f Contrary to the representations in your letter, FEMA intends to allow full depositions of all FEMA witnesses with the exceptions discussed above and will work with you to accomodate that objective.

In accordance with NRC rules, FEMA will respond to your Request for Admissions and Second Set of Interrogatories by C.O.B. o Tuesday the 18th.

I hope this information is of assistance to you.

Sincerely, h[

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William R. Cumming '

Counsel for FEMA .

CC: Service List l

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