ML20214G340
| ML20214G340 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/16/1987 |
| From: | Christman J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Kline J, Margulies M, Shon F Atomic Safety and Licensing Board Panel |
| References | |
| CON-#287-3495 OL-3, NUDOCS 8705270031 | |
| Download: ML20214G340 (5) | |
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May 16, 1987 BY FEDERAL EXPRESS Morton B. Margulies, Chairman Dr. Jerry R. Kline Mr. Frederick J. Ghon Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission East-West Towers, Room 407 4350 East-West Highway Bethosda, MD 20814 Docket 30-322-OL-3:
Status Report on Witness Availability and Proposed Mearing Schedule Gentlemon Pursuant to the Board's Memorandum and Order (Ruling on In-torvonors' Motion for Roscheduling of Relocation Center Hearing) of April 23, 1987, LILCO offers this status report on the prog-ross of the OL-5 proceeding and LILCO's witnesses' availability for the hearings on the three LILCO reception contors.
LILCO is ready to go forward with its panel on reception conter issues beginning June 15, 1987.
However, since the OL-5 Board has promulgated a schedule for that hearing that runs through June 18, 1987, and due to the desirability of Judge Shon's attending both hearings, LILCO's proposed schedule for the OL-3 proceeding begins on June 22, 1987:
0705270031 070516 PDH ADOCK 05000322 0
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Huwrow & WILLIAus Morton s. Margulies, Chairman Dr. Jerry R. Kline Mr. Frederick J. Shon May 16, 1987 Page 2 Proposed Schedule for Reception Center Hearing DATas Issass/wtTwssses/PAGs3 June 22-24 LILCO witnesses (excluding Mr. Lieberman) on planning basis, monitoring, docontamination, etc. (53 pages)
June 25, 29-30 Suffolk County witnesses on planning basis, ovacuation shadow, monitoring, l
decontamination (118 pages plus robuttal tes-l timony)
July 1 Now York State witnessos on monitoring, decontamination, planning basis (31 pages)
July 2 NRC witnessos on monitoring (17 pages)
July 6 FEMA witnessos on all of their testimony (19 pages)
July 7-8 LILCO witness (Mr. Lieberman) on traffic l
(8 1/2 pages plus rebuttal testimony)
July 9, 13 New York State witnesses on traffic (75 pages plus rebuttal testimony)
July 14 NRC witness on traffic (7 pages)
Consistent with practico in the OL-5 proceeding, this schedule contemplatos only a four-day week, Monday through Thursday.
How-ever, LILCO proposes that hearings be held on Fridays as neces-l sary to allow the datos for beginning each now panel to be mot.
It may also be desirable to hold hoaring sessions in the evenings or on Saturdays.
As the proposed schedulo reflects, all testimony except traf fic testimony and FEMA's testimony would bo hoard in the first two wooks, FEMA's testimony would be heard the beginning of the third wook on July 6, and all traffic testimony would be l
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e HUNTON & WILLIAMS Morton B. Margulies, Chairman Dr. Jerry R. Kline Mr. Frederick J. Shon May 16, 1987 Page 3 heard the third week and part of the fourth week.
Even though all of LILCO's testimony has been filed as one piece, LILCO be-lieves that the traffic issues should bo heard separately.
This appears to be in line with the format of both the NRC's and New York State's traffic testimony, which are separate and discrete pieces.
In developing this schedulo, LILCO used the timing guidelines set by the OL-5 Board in hearing testimony in that proceeding.
There a four-pago-per-hour, 24 pages-per-day minimum guideline was not for cross-examination.
The LILCO proposed schedulo, for the most part, falls within this guideline.
(Less time has been allotted to LILCO, since LILCO has typically used less time for cross-oxamination in the past.)
LILCO's proposed schedule is suf ficiently generous that direct testimony and re-buttal testimony can be heard together.
For examplo, in the pro-posed schedule the Intervenors have been allotted two full days to cross-examino Mr. Lieberman on traffic, even though his direct testimony is only 8 1/2 pages long.
LILCO believen that fixed times should be set for the begin-ning of each now witness panel, so that the witnesson will know exactly when they must be available.
Experience shows that sum-mortimo presents unusual scheduling problems because of vaca-tions; it is highly desirable to not a schedulo now so as to minimizo such difficultion.
As indicated above, if the cross-examination of any panel takes longer than planned, Friday, Saturday, or evening sessions should enable the pro-established schedule to be mot.
If the pace of tho -05 hearing allows the OL-3 hearing to begin earlier, during the wook of June 15, the best course would appear to be to movo LILCO's proposed schedulo forward a week to begin the wook of June 15, whilo kooping firm the week of July 6 as the starting dato for the traf fic issues.
LILCO makes this suggestion pursuant to discussions with the NRC Staff counsel, who has indicated that the NRC's traffic export will be available the wook of July 6 but not the two previous wooks.
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A-HUNTow & WILLIAus Morton.B. Margulies, Chairman Dr. Jerry R. Kline Mr. Frederick -J.
Shon
'May 16, 1987
.Page 4 LILCO witness Availability
.All LILCO witnesses have held open the weeks of June 15 and June 22forhearingswiththe-minorexp/ptionsofDr.Linnemann, e
who has a= commitment on June 17, 1987,_
and Dr. Lindell, who has a family commitment -the first part of that week but should be available on June 17 and -for the remainder of that week.
Dr.
Mileti. is scheduled to present a paper at a conference in San Diego on June 23-25, but if the LILCO panel testifies that week, Dr. Mileti-will cancel those plans.
Thus, it'is important to LILCO that a firm schedule be set as soon as possible so that Dr.
Mileti can inform the San Diego conference coordinators of his plans.
Difficulties begin to arise.in LILCO witness schedules the week of June 29.
Mr. Watts is scheduled to conduct training that week, and Mr. Lieberman has several. scheduling conflicts.
.Mr. Lieberman is available, however, the week of' July 6, which is the. week proposed for his testimony in LILCO's proposed hearing schedule.
Mr. Donaldson will not be available to testify on July 7-9, because he will be at a health physics' meeting in Salt Lake City.
Mr. Watts' schedule also presents several problems in July.
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The portion of LILCO's testimony sponsored by Dr. Linnemann is l
not large, and so it should be possible to complete his cross-examination within the first two days the LILCO witnesses are on the stand if the Board decides to proceed with the LILCO panel on June 15, 1987.
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't HUNTON & WILLI AM S Morton B. Margulies, Chairman
,Dr. Jerry R. Kline Mr. Frederick J. Shon May 16, 1987 Page 5 s
Conclusion LILCO requests that the Board adopt a firm starting date and a firm schedule substantially like that proposed above.
Respectfully submitted, f,
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'~ James N. Christman Mary Jo Leugers Counsel for Long Island Lighting Company 438/735 cca Service List
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