ML20214D900

Motion for 4-day Extension of Time to File Encl Motion for Order Compelling Util Response to First Set of Interrogatories & Request for Production of Documents

ML20214D900
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	11/10/1986
From:	Letsche K KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20214D730	List: ML20214D869 ML20214D900 ML20214D944 ML20214E336
References
OL-5, NUDOCS 8611240290
Download: ML20214D900 (2)

Text

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November 10, th-UNITED STATES OF AMERICA 'na NUCLEAR REGULATORY COMMISSION -

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Before the Atomic Safety and Licensino Board 7

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In the Matter of )

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

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(Shoreham Nuclear Power Station, )

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SUFFOLK COUNTY MOTION FOR FOUR-DAY EXTENSION OF TIME WITHIN WHICH TO FILE MOTION FOR ORDER COMPELLING RESPONSES TO INTERROGATORIES Pursuant to 10 CFR SS 2.711 and 2.730, Suffolk County hereby moves the Board for an extension of time within which to file the attached Motion for an Order Compelling LILCO to Respond to Suffolk County's First Set of Interrogatories and Request for Production of Documents.

According to 10 CFR S 2.740(f), motions to compel discovery should be filed ten days "after the date of the response or after failurs of the party to respond to the request." "LILCO's Re-sponses and Objections to Suffolk County First Set of Interroga-tories and Request for Production of Documents dated October 10, 1986" was dated October 27, 1986. Thus, according to Section 2.740(f) without a change in schedule by the Board (agg 10 CFR S 2.711), a motion to compel would be due November 6, 1986.

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a e Although according to LILCO's certificate of service, the LILCO Response was mailed to counsel for Suffolk County on October 27, it was not in fact received by undersigned counsel until October 30, 1986. Counsel was unable to have prepared for filing by November 6, 1986 the attached Motion and, accordingly, seeks a four-day extension of time to permit the filing of the Motion on November 10, 1986. If the ten days provided for in the rule were added to the date upon which counsel received LILCO's response, the motion to compel would be due on Sunday, November 9. Thus, - filing on November 10, given the date counsel received LILCO's response, is consistent with the ten day principle contained in Section 2.740(f). Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788

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Mf' sbd(ll-G Kirla J. LetsqKe KIRKPATRICK &'LOCKHART 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 Attorneys for Suffolk County 9 e __ -}}