ML20214N083
| ML20214N083 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/26/1987 |
| From: | Ross R, Zahnleuter R KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#287-3540 OL-3, NUDOCS 8706020056 | |
| Download: ML20214N083 (7) | |
Text
c hb DOCMETED MaE3f6". 1987 17 MY 29 P4 :10 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 0FFt.
- c.,
Before the Atomic Safety and Licensino B6'eVd}'f:
l >"W 1
l l
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
l Unit 1)
)
l
}
RESPONSE OF SUFFOLK COUNTY AND THE STATE OF NEW YORK TO LILCO'S MOTION TO MODIFY TESTIMONY i
Suffolk County and the State of New York (the " Governments")
hereby respond to LILCO's Motion to Modify Testimony (May 18, 1987) (" Motion").
The Governments accept LILCO's offer to withdraw the disputed portion of its written testimony, however, they object to the last sentence of LILCO's proffered modified testimony and move that it be excluded.
BACKGROUND At the May 15 conference call addressing this matter, LILCO chose not to comply with the Board's April 13 Memorandum and Order and, instead, to modify its testimony.
Counsel for LILCO l
stated:
8706020006 870026~
PDR ADOCK 0D000322 0)
i 1
i Yes, sir, I haven't drafted the testimony, but I would propose to withdraw the first part of the question and i
answer ending with the table, and including the table, and submit about one or two sentences that says something like we don't believe that the information about the capacities of other plants is available in i
publicly available documents, f
Tr. 17375.
LILCO now moves to replace the disputed testimony with the following:
16.
Q.
What are the monitoring capabilities of relocation centers for some nuclear plants other than Shoreham?
]
l A.
(Daverio)
My staff reviewed State and county plans and FEMA assessment reports to assess the 1
monitoring capabilities of relocation centers at l-other nuclear plants.
This review indicated that these publicly available documents do not provide enough information to determine monitoring capabilities.
It is difficult or impossible to 1
learn the monitoring capabilities of various j
county response organizations without directly contacting their personnel.
i Motion at 3.
j The Governments object to the final sentence of the modified testimony:
"It is difficult or impossible to learn the monitoring capabilities of various county response organizations I
i without directly contacting their personnel."
This gratuitous l
sentence should be excluded because it is irrelevant and immaterial, and adds nothing for this Board to evaluate in rendering its decision.
Furthermore, it goes beyond the bounds 1
t i
l of the modification stated by LILCO's counsel during the conference of counsel.
t ARGUMENT The NRC's rules of practice provide that evidence which is l
l immaterial or unduly repetitious is not admissible.
10 C.F.R.
S 2.743(c).
The last sentence of LILCO's modified testimony is inadmissible by that standard.
l I
The sentence proceding the objectionable sentence provides i
that a review of publicly available State and county plans and l
FEMA assessment reports indicated that these documents fail to provide sufficient information to determine monitoring capabilities.
LILCO's proferred third sentence merely notes what one might do to obtain such proof.
How does this gratuitous statement advance LILCO's case or assist this Board in resolving the issues before it?
The answer is that it does neither.
Rather, it is an irrelevant and immaterial statement concerning where proof might be found.1/
Furthermore, the statement exceeds the scope of the proposed modification previously articulated by LILCO's counsel, who mentioned nothing during the May 15 l
1/
The Governments will not speculate on why the final sentence was placed in the proffered testimony, but note that it appears to keep the door open on LILCO's contacts with its undisclosed sources and thus poses a trap for the cross-examiner.
I -
f conference call about adding testimony concerning where monitoring capacity information might be found.
CONCLUSION
]
l t
Based on the foregoing, LILCO's proferred modified testimony should be admitted subject to the exclusion of the final sentence.
j Respectfully submitted,
[
I Martin Bradley Ashare j
Suffolk County Attorney 4
Building 158 North County Complex l
Veterans Memorial Highway i
]
Hauppauge, New York 11788 l
M ~
b-Christopher M. McMurray David T. Case t
Ronald R. Ross MIRKPATRICK & LOCKHART 1800 "M" Street, N. W.
i South Lobby - Ninth Floor i
Washington, D. C.
20036-5891 l
l Attorneys for Suffolk County i
ha*_me._Mg(
- ^d-_ _d
=.
Richard J. Zahnleker V Deputy Special Counsel to the Governor of the State of New York l
Executive Chamber, Room 229 i
Capitol Building Albany, New York 12224 l
l l
Attorney for Governor Mario M. Cuomo j
and the State of New York l
i
)
May 26, 1987 1
I DCC M[ tL P May 26. 198Eh4 UNITED STATCS OF AMERICA NUCLEAR REGULATORY COMMISSION QFFh r to Before the Atomic Safety and Licensina Bd Nd )fg[ N L g
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
l l
CERTIFICATE OP SERVICE l
I hereby certify that copies of the RESPONSE OF SUFFOLK COUNTY AND THE STATE OF NEW YORK TO LILCO'S MOTION TO MODIFY TESTIMONY i
have been served on the following this 26th day of May, 1987 by United States mail, first class, except as otherwise noted.
Morton B. Margulies, Esq., Chairman
- Joel Blau, Esq.
Atomic Safety and Licensing Board Director, Utility Intervention U.S. Nuclear Regulatory Commission N.Y. Consumer Protection Board Washington, D.C.
20555 Suite 1020 Albany, New York 12210 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 Agenet 500 C Street, S.W.,
Room 840 Washington, D.C.
20472 ma
l l
l 1
Mr. Frederick J. Shon*
Anthony F. Earley, Jr., Esq.
l l
Atomic Safety and Licensing Board General Counsel U.S. Nuclear Regulatory Commission Long Island Lighting Company Washington, D.C.
20555 175 East Old Country Road Hicksville, New York 11801 Ms. Elisabeth Talbbi W. Taylor Reveley, III, Esq.**
Clerk Hunton and Williams Suffolk County Legislature Post Office Box 1535 Suffolk County Legislature 707 East Main Street Office Building Richmond, Virginia 23212 Veterans Memorial Highway 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 Rivorhead, New York 11901 Wading River, New York 11792 Ms. Nora Dreden Docketing and Service Section Executive Director Office of the Secretary Shoreham opponento Coalition U.S. Nuclear Regulatory Comm.
195 East Main Street 1717 "H" Strcot, N. W.
Smithtown, New York 11787 Washington, D.C.
20555 Mary M. Gundrum, Eng.
Hon. Michael A. LoGrande New York State Department of Law Suffolk County Executive 120 Droadway, Third rioor H. Lee Dennison Building Room Number 3-116 Veterans Memorial Highway New York, New York 10271 Hauppauge, New York 11788 MHD Technical Annociates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore committee Suite "K" Post Offico Dox 231 San Jone, California 95125 Wading River, New York 11792 1
Martin Bradley Anhare, Esq.
rabian G. Palomino, Eng.
Suffolk County Attorney Richard J. Zahnleuter, Eng.**
D1dg. 150, North County Complex Special Counsel to tne Veterano Memorial Highway Governor of the State Hauppaugo, New York 11788 of Now York Executivo chamber, Room 229 Capitol Building Al aany, Now York 12224 Mr. Jay Dunkleburger Richard G. Dachmann, Eng.**
Now York Stato Enorgy Offico U.S. Nuclear Regulatory Comm.
Agoney Duilding 2 Washington, D. C.
20555 Empiro Stato Plaza Albany, New York 12223
o l
l David A. Brownlee, Esq.
Mr. Stuart Diamond Kirkpatrick and Lockhart Dusiness/ Financial 1500 Oliver Building NEW YORK TIMES i
Pittsburgh, Pennsylvania 15222 229 West 43rd Street l
New York, New York 10036 Douglas J. Hynes, Councilman Town Doard of Oyster Day Town Hall Oyster Day, New York 11771 h-
}wQ e
Ronald R. Roon KIRKPATRICK & LOCKART 1800 "M" Street, N. W.
l South Lobby - Ninth Floor Washington, D. C.
20036-5891
- Vla Hand Delivery
- Via Federal Express May 26, 1987 l
.