ML20215D499
| ML20215D499 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/15/1987 |
| From: | Margulies M Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#287-3740 86-529-02-OL, 86-529-2-OL, OL-3, NUDOCS 8706190035 | |
| Download: ML20215D499 (2) | |
Text
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gr UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'87 JUN 16 P3 :48 ATCMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Q.;,
v.?,
Morton B. Margulies, Chairman Dr. Jerry R. Kline g G JUNifgp Mr. Frederick J. Shon
)
In the Matter of
)
Docket No. E0-322-OL-3
)
(Emergency Planning)
LONG ISLAND LIGHTING COMPANY
)
)
(ASLBP No. 06-529-02-OL)
(Shcreham Nuclear Power Station,
)
Unit 1)
)
June 15, 1987
)
Statement Memorializing Telephone Hearing of June 15, 1987 At the call of the Board a hearing was held by telephone on June 15, 1987 to decide LILCO's motion of June 11, 1987 for leave to replace its witness, Charier, A. Daverio, with witnesses Douglas M. Crocker and l
Diane P. Dreikorn.
kr. Daverio suffered a broken leg on June 3,1987 and is unable to I
l testify in the upcoming hearing. LILCO would substitute the above named l
persons for Mr. Daverio and they would adept his testin.cny.
LILCO, Suffolk County and the State of New York actively participated in the hearing on the motion.
The parties agreed to the need for the substitution of Mr. Daverio. They disagreed as to the extent of deposing of the substituted witnesses.
LILC0 would have mace the witnesses available for depositions limited to questions abcut their backaround and oualificatiens to 8706190035 870615
{DR ADOCK 05000322 PDR
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sponsor their testimony.
They opposed permitting deposing of the new witnesses on the substance of the written testimony. Applicant viewed' i
-the' permitting of such depcsitions as giving Intervenors a risk-free rehearsal of their cross-examination shortly before the' hearing.
]
Intervenors took the position that' these wsre new witnesses, not.
identical in experience and knowledge with Mr. Daverio. They claimed R
the ordinary right to depose such witnesses.
The Board ruled in Intervenors' favor on the motion. Intervenors have no price-to pay for Applicant's misfortune. They are faced with i
l new witnesses and have a right to determine the extent of their substantive knowledge of the subject as well as their background, prior to the hearing. This is irrespective of their adoption of Mr. Daverio's testimony. The new witnesses' qualifications may be scrutinized independently of what has gone on before with another witress.
The parties agreed and the Board ordered that the deposing of the witnesses shall be completed before the start of the OL-3 hearing.
FOR THE ATOMIC SAFETY AND LICENFING BOARD w/
Mo'rton B. Margulies[JDGE Chairman ADMINISTRATIVE LAW J i
Dated at Bethesda, Maryland
)
this 15th day of June, 1987 l
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