ML20215H496
| ML20215H496 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/22/1987 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#387-3892 OL-3, NUDOCS 8706240126 | |
| Download: ML20215H496 (11) | |
Text
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UN11ED STATES I
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p NUCLEAR REGULATORY COMMISSION I
1 I
3 IN THE MATTER OF:
DOCKET NO: 50-322-OL-3 LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
TELEPHONE CONFERENCE O'%
LOCATION: WASHINGTON, D.
C.
PAGES: 17394 -
17402 DATE:
MONDAY, JUNE 22, 1987
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ACE-FEDERAL REPORTERS, INC.
OfficialReporters 444 North Capitol Stieet 8706i'40106 8706?r, flDR ADUC K oSooosa;,
Washington, D.C. 20001 PDR (202) 347-3700 NATIONWIDE COVERAGE
CR31444.0 OMT/sjg.
17394 1
UNITED STATES OF AMERICA
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2 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
_ _ _ _ _ _ _ _ _x 4
In the Matter of:
5 LONG ISLAND LIGHTING COMPANY Docket No. 50-322-OL-3 6
(Shoreham Nuclear Power Station, TELEPHONE CONFERENCE U. nit 1) 7
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9 Ace-Federal Reporters, Inc.
Suite 402 l
10 444 North Capitol Street l
Washington, D.
C.
l 11 l
Monday, June 22, 1987 12 1
13 The telephone conference call convened at 12 :4 5 p.m.
4 BEFORE:
15 I
JUDGE MORTON B.
MARGULIES, Chairman 16 Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission 17 Washington, D.
C.
20555 18 JUDGE JERRY R.
KLINE, Member Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission 19 Washington, D.
C.
20555 20 JUDGE FREDERICK J.
SHON, Member Atomic Safety and Licensing Board 21 U.S.
Nuclear Regulatory Commission Washington, D.
C.
20555 22 23
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25
-- continued --
I ACE. FEDERAL REPORTERS, INC.
202 347 3700 Nationwide Coverage 804 336-6646
17395 1
APPEARANCES:
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On behalf of the Applicant:
3 STEVEN MILLER, ESQ.
Hunton & Williams 4
707 East Main Street Richmond, Virginia 23212 5
6 On behalf of Suffolk County:
DAVID CASE, ESQ.
7 Kirkpatrick & Lockhart South Lobby, Ninth Floor 8
1800 M Street, N.W.
Washington, D.
C.
20036-5891 9
i 10 On behalf of The State of New York:
j i
RICHARD J.
ZAHNLEUTER, ESQ.
11 Deputy Special Counsel to the Governor 12 Executive Chamber
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The Capitol, Room 229 x-13 Albany, New York 12224 14 On' behalf of FEMA:
15 WILLIAM CUMMING, ESQ.
Federal Emergency Management 16 Agency 500 C Street, S.W.
17 washington, D.
C.
20472 On behalf of the NRC:
19 RICHARD G.
BACHMANN, ESQ.
U.S.
Nuclear Regulatory 20 Commission Office of General Counsel 21 Washington, D.
C.
20555 22 23
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24 25 ACE FEDERAL REPORTERS, INC.
202 347 3700 Nationwide Coverage 800-3364M6
s.
1 4440 01 01 17396 ff()Tbur 1
PROCEEDINGS 2
(12:45 p.m.)
3 JUDGE MARGULIES:
This is Judge Margulies.
With 4
me are Judges Kline and Shon.
5 We have the matter for decision today, the 6
proposed schedule regarding KLV-TR-201-A.
7 We would like to take appearances now.
Who 8
appears for the Applicant?
9 MR. MILLER:
This is Steven Miller.
I will be 10 appearing for the Applicant.
11 MR. CASE:
This is David Case, appearing for
)
12 Suffolk County.
()
13 MR. ZAHNLEUTER:
This is Richard Zahnleuter, 14 representing the State of New York.
15 JUDGE MARGULIES:
Who represents' Staff?
16 MR. BACHMANN:
Richard Bachmann, representing the l
17 NRC Staff.
18 MR. COMMING:
William Comming, representing FEMA.
19 JUDGE MARGULIES:
Are there any other 20 appearances?
21 (No response.)
22 JUDGE MARGULIES:
The Board has reviewed the 23 filing of the Intervenors filed June 17th, the filing of the 24 Applicants of the same day -- of the Applicants of the 18th,
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25 and of the Staff, letter of the 19th.
l ACE. FEDERAL REPORTERS, INC.
202-347-3700 Nationwide Coverage 800 336-6646 J
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4440 01 01 17397 I
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Is there any problem with the extent of the l
2' deposition that is to be taken of Mr. Lieberman?
3 The Applicant has raised the matter as to what he l
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4 should be examined about.
The Applicant states that they 5
seek the Board to rule that the June 23rd deposition be I
j 6
limited to questions about the differences between KLV-TR-l l
7 201 and KLV-TR-201-A and the reasons and bases for those 8
differences.
l 9
Is that acceptable to the Intervenors?
10 MR. CASE:
Judge, this is David Case for Suffolk 11 County.
12 In principle, it is acceptable.
We interpret
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13 that to mean we will be permitted to question on the bases 14 for certain conclusions in 201-A and Mr. Lieberman's 15 reliance on certain portions of that new analyses without 16 having to specifically compare them to 201.
17 In other words, we don't intend to examine on f
l 18 testimony that is identical to 201, or where 201-A is i
19 identical to 201, but we would maybe inquire without asking 20 the question in a comparative fashion why was something done l
f 21 or why wasn't this included?
To the extent we can examine 22 where -- on 201-A to that extent, we have no problem with 23 that proposal.
24 JUDGE MARGULIES:
What is the position of the r
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25 Applicants as to that?
ACE FEDERAL REPORTERS, INC.
202-347 3700 Nationwide Coverage 800-336-6M6
4440 01 01 17398
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MR. MILLER:
Judge Margulies, this is Steven 4
2 Miller for the Applicant.
-3 As I underscand what Mr. Case is saying, he would 4
be limiting his question solely to new information or new 5
conclusions based upon that information in KLV-TR-201-A, and 6
if in fact that is the case, we have no objection to that.
7 MR. CASE:
That is, we don't intend to take a 8
second bite at the apple, Judge.
If there is something new a
l 9
in 201-A, we will inquire into that.
We didn't want to be 10 limited to posing the question, though, simply as an q
q 11 examination of differences, but instead why was something
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12 included, what the basis for that, without having to make a o)
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13 comparative.
14 JUDGE MARGULIES:
Does the Board understand that 15 then the parties are in agreement?
16 MR. CASE:
I think that is correct.
17 JUDGE MARGULIES:
That leaves only for 18 disposition the matter of the time of the filing of the 19 rebuttal testimony.
20 Do the parties have anything different to present 21 us than they did in their pleadings?
22 MR. ZAHNLEUTER:
This is Richard Zahnleuter, for 1
23 the State of New York.
24 At the moment I am unsure if the State of New 25 York has responded to this pleading by LILCO.
ACE FEDERAL REPORTERS, INC.
202-347-3700 Nationwide Coverage 80(b336-6646
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1 MR. MILLER:
Judge Margulies, it is our position 2
that the testimony should be filed prior to the June 22nd
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date -- or July 22nd date.
In fact,.we requested the date 4
of July the 8th, which would be 15' days prior to ths time c
il the witnesses appear on the stand, as is set out in the
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regulations.
1 7
I would first like to note that KLV-TR-201-A and g
8 the underlying documents were served on the State by 9
ovr/rnight delivery on May 8th, so they have had a 10 cortsiderable amount of time to look into the analysis 11 16sekt.
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In addition, as I believe the Board has already 12 1
Ok) 13 found, KLV-TR-201-A is merely a revision of KLV-TR-201.
It 14 is not'a completely new analysis, and therefore it is our 15 position that the rebuttal can and should be filed at an 16 earlier date so that LILCO will have an opportunity to 17 review that prior to the time that the witnesses go on the i
18
' stand.
19 JUDGE MARGULIES:
Does Staff wish to be heard on 20
" the matter?
21 Can Staff hear me?
q 22 MR. BACHMANN:
Excuse me, sir.
I had the mute 23 button on our speaker phone.
24 The Staff has nothing further to add from what we
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25 haye'already put in our letter of June 19th.
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JdDGE MARGULIES:: The. Board will'take a few
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minutestto resolve he matter.
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Thank' yo'u.
.4 (Pause.)
5 M R.' COMMING:
While the Judges are off the phone, 6
tihis is Bill Cocuaing.
7
'TheShtesof~the 15th'and 16th are suitable for N
W-8 the ! FEMA - witnesses.in.0L-3, so everyone is aware - that we
'9 tiave;no' disagreement. with the scliedule worked out between 10-counsel'for the Applicant and.Suffolk.-
11 MR; MILLER:' -Okay, Bill, we'will go ahead then n
12 and submit that letter to the Board if eOeryone else is-in-13 agreement, which I believe they;are.
JUDGE MARGULIES:
The Board is ready to render 14 s
15 its euling on the. matter of the scope-of.the' deposition.
It 16' shall bs conducted in accordance with the agreement of the Y' 17 parties.
T 18 The date for filing the rebuttal test imony, we 19-have considered all the arguments;and positions.of the 20 parties and conclude that July 13th would protect'the 21 interests of all sides involved.
We set the date of July 22 13th as-the date that' the rebuttal testimony is due to be 23 served on the parties and on the Board.
24 Is there anything further?
25 MR. BACHMANN:
Judge Margulies, this is Richard ace. FEDERAL REPORTERS, INC.
202-347-3700 Nationwide Coverage 800-336-6646
4440 01 01 17402 biTbur 1
Bachmann.
2 Would I understand that July 13th it would be in 3
the hands of the Board and parties?
4 JUDGE MARGULIES:
That is correct.
5 MR. CASE:
Nothing further from Suffolk County, 6
Judge.
7 MR. MILLER:
Nothing further from the Applicant.
8 MR. ZAHNLEUTER:
This is Richard Zahnleuter.
9 That July 13th date is acceptable.
10 JUDGE MARGULIES:
Okay.
11 Thank you very much.
That concludes the 12 conference.
13 (Whereupon, at 12:55 p.m.,
the telephone 14 conference was concluded.)
15 16 17 18 19 20 t
21 22 f
23 24 25 l
ACE-FEDERAL REPORTERS, INC.
202-347-3700 Nationwide CoveraFe 800-336-6646
CERTIFICATE OF OFFICIAL REPORTER I
O This is. to certify that the attached proceedings-before the UNITED STATES NUCLEAR REGULATORY COMMISSION in the i
matter.of:
l l
NAME OF PROCEEDING:
LONG ISLAND LIGHTING COMPANY (SHOREHAM NUCLEAR POWER STATION, UNIT 1)
DOCKET NO.:
50-322-OL-3 PLACE:
WASHINGTON, D.
C.
DATE:
MONDAY, JUNE 22, 198~7 were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission.
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JOSEPH.
. MAGGIO Official Reporter ACE-FEDERAL REPORTERS, INC.
Reporter's Affiliation O