ML20215A800

Discovery Rept Re Schedule Concerning Emergency Planning Exercise,Per 860924 Verbal Order.Certificate of Svc Encl. Related Correspondence

ML20215A800
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	10/01/1986
From:	Bordenick B NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
References
CON-#486-0959, CON-#486-959 OL-5, NUDOCS 8610060242
Download: ML20215A800 (4)

Text

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{ 47 T usNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ..

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$m 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) ) ,

NRC STAFF'S PROPOSED DISCOVERY SCHEDULE .

Pursuant to the Licensing Board's Verbal Order of September 24, 1986, Tr. 16,628, and in keeping with the Commission's direction in CLI-86-11 (June 6, 1986) that proceedings on the emergency planning exercise be expedited, the NRC Staff submits the following proposed discovery schedule:

15 days from issuance of Board's Order ruling on admissibility of Contentions - written Interrogatories filed.

30 days after Board's Order - answers to Interrogatories filed.

50 days after issuance of other discovery completed. pgard's Order - all depositions and Further, in order to move this proceeding along, the Staff urges that the Board set limits on the number and length of each deposition and

-1/ Completion of Depositions of FEMA witnesses may extend beyond this date' because of, inter alla, the unavailability of FEMA witnesses.

See discussion between'""TEMA Counsel and the Board at Tr.

T6609-13. However, as was the case in previous phases of this proceeding, there is no reason why discovery between Applicant and Intervenors cannot proceed to completion by the dates shown above.

Additionally, there is no reason why discovery of FEMA cannot begin since FEMA witnesses will be available for depositions during the week of October 13, 1986. Id.

DESIGNATED ORIGINAL 00g$ h 2 Certified By 5 '

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limits on the number of Interrogatories (and subparts) which may be propounded by a party. These limits should be set considering the number and nature of contentions admitted by the Board. Such i

limitations would serve to insure that discovery is focusedjand completed within 50 days.

In addition, in order to facilitate completion of discovery, the Board thould also consider requiring the parties to first attempt to informally negotiate any discovery disputes, prior to filing motions with the Board.

Thereafter , the Staff suggests that remaining discovery disputes be considered in conference calls so that lengthy and time consuming formal responses to discovery motions need not be filed.

Respectfully submitted l

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Bernard M. Bordenick Counsel for NRC Staff

, Dated at Bethesda, Maryland this 1st day of October,1986, a

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

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 "NRC STAFF'S PROPOSED DISCOVERY SCHEDULE" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system or, as indicated by double asterisks, hand delivered or, as indicated by triple asterisks, by telecopier and first class mail, this 1st day of October,1986 Morton B. Margulics, Chairman ** Fabian G. Palomino, Esq."*

Administrative Judge Special Counsel to the Governor Atomic Safety and Licensing Board Executive Chamber U.S. Nuclear Regulatory Commission State Capitol Washington, D.C. 20555 Albany, NY 12224 Dr. Jerry R. Kline** Jonathan D. Feinberg, Esq.

Administrative Judge New York State Department of Atomic Safety and Licensing Board Public Service U.S. Nuclear Regulatory Commission Three Empire State Plaza Washington, D.C. 20555 Albany, NY 12223 Mr. Frederick J. Shon" W. Taylor Reveley III, Esq.*"

Administrative Judge Donald P. Irwin, Esq.

Atomic Safety and Licensing Board Hunton & Williams U.S. Nuclear Regulatory Commission 707 East Mail Street Washington, D.C. 20555 P.O. Box 1535 Richmond, VA 23212 Joel Blau, Esq.

Director, Utility Intervention NYS Consumer Protection Board Suite 1020 99 Washington Avenue Albany, New York 12210 1

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t Herbert H. Brown, Esq.*

Stephen B. Latham, Esq. Lawrence Coe Lanpher, Esq Twomey, Latham & Shea Karla J. Letsche, Esq.

Attorneys at Law Kirkpatrick & Lockhart 33 West Second Street 1900 M Street, N.W.

Riverhead., NY 11901 8th Floor ,

Atomic Safety and Licensing Dr. Monroe Schrfelder Board Panel

• North Shore Committee U.S. Nuclear Regulatory Commission P.O. Box 231 Washington, D.C. 20555 Wading River, NY 11792 Atomic Safety and Licensing Stewart M. Glass, Esq.

Appeal Board Panel

• Regional Counsel U.S. Nuclear Regulatory Commission Federal Emergency Management '

Washington, DC 20555 Agency 26 Federal Plaza, Room 1349 Spence W. Perry, Esq. New York, NY 10278 Associate General Counsel Federal Emergency Management Docketing and Service Section*

Agency Office of the Secretary 500 C Street, SW, Room 840 U.S. Nuclear Regulatory Commission Washington, DC 20472 Washington, D.C. 20555 Anthony F. Earley, Jr. , Esq. Robert Abrams, Esq.

General Counsel Attorney General of the State Long Island Lighting Company of New York 175 East Old Country Road Attn: Peter Bienstock, Esq.

Hicksville, NY 11801 Department of Law State of New York Ms. Nora Bredes Two World Trade Center I Shoreham Opponents Coalition Room 46-14 195 East Main Street New York, NY 10047 Smithtown, NY 11787 William Cummings, Esq.

Martin Bradley Ashare, Esq. Office of General Counsel Suffolk County Attorney Federal Emergency Management H. Lee Dennison Building Agency Veteran's Memorial Highway 500 C Street, SW Hauppauge, NY 11788 Washington, DC 20472 Dr. Robert Hoffman Mr. Jay Dunkleberger Long Island Coalition for Safe New York State Energy Office Living Agency Building 2 P.O. Box 1355 Empire State Plaza Massapequa, NY 11758 Albany, New York 12223

&YM i Bernard M. Bordenick

) Counsel for NRC Staff i