ML20215J814
| ML20215J814 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/18/1987 |
| From: | Christman J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#287-3832 OL-3, NUDOCS 8706250119 | |
| Download: ML20215J814 (6) | |
Text
!'.WSb LILCO, Jun318,1987
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00CyEirp U5NPc UNITED STATES OF A.MERICA
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NUCLEAR REGULATORY COMMISSION _
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00cM;1 4., jjy Before the Atomic Safety and Licensing Board l
In the Matter of
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LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)'
)
i
' LILCO'S ANSWER TO THE INTERVENORS' l
PROPOSED DISCOVERY SCHEDULE ON KLD TR-201A j
AND REQUEST FOR A RULING ON SCOPE OF DEPOSITION l
l In its Memorandum and Order (Ruling on LILCO's Motion to Substitute Written Testimony), dated June 12,1987, the Board allowed Intervenors "the opportunity to con-i duct discovery and to submit rebuttal" on the capacity analysis known as KLD TR-201A (Attachment T to LILCO's written direct testimony). Intervenors were to submit their i
proposed schedule for discovery and the filing of rebuttal testimony by June 17, which they did (" State of New York and Suffolk County Proposed Schedule Regarding KLD TR-i 201A"). This is LILCO's response to that prooosed schedule.
l l
L Document Discovery on KLD TR-201A As has been stated before, LILCO sent the underlying documents for KLD-201 on l
l April 4 (for delivery April 6) and the underlying documents for KLD-201A along with i
KLD-201A itself on May 8 (for delivery May 9). LILCO received on June 17 a request from Suffolk County for "all the documents pertaining in any way to KLD TR-201A." A search at both LERIO and KLD today uncovered no additional documents responsive to the request.1/ It appears to LILCO, then, that any questions of scheduling document 1/
Two pages of traffic signal data, recorded af ter KLD-201A was published, are being provided to Suffolk County, even though they were not used in the analysis.
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i discovery are moot.
1 II. Deposition of Mr. Lieberman i
L The. Board did not specify whether the Intervenors are entitled to a' deposition,
. as opposed to'other. forms of discovery.i Since LILCO long ago provided Intervenors with the documents they'have requested, LILCO sees no need for further discovery now.
I Nevertheless,'since the Board was aware that the documents had already been cproduced when it ordered further discovery, LILCO concludes that the Board did con-template a deposition. Therefore:LILCO is making Mr. Lieberman available Tuesday,.
j
' June 23, for a deposition, as requested by Suffolk County.
However, LILCO submits that the deposition should be limited to' the di.fferences between KLD TR-201 and KLD TR-201A. No other scope of deposition is justified by the facts of the case or by.the Board's Memorandum and Order of June 12. It would be impermissible, for example, for Suffolk County to use the deposition to inquire into Mr.
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Liebertrin's rebuttal testimony that is not based on TR-201A. Accordingly, LILCO asks the Board to rule, before June 23, that the June 23 deposition is to be limited to ques-tioning about the differences between KLD TR-201 and KLD TR-201A and the reasons and bases for those differences.
III. Rebuttal Testimony.-
The Intervenors propose to file rebuttal testimony on July 22, the day before the i
- State Department of Transportation witnesses go on the stand. Contrary to the Inter-venors' representations, this proposed schedule seems designed both to be unf air and to L
-lengthen the hearing. A brief calendar of events surrounding KLD TR-201A will show why this is so:
c
e s March 30 LILCO files KLD TR-201 along with its written direct testimony April 6 Intervenors receive from LILCO "over 1,000 pages" of underlying data for KLD TR-201 April 10 LILCO writes Intervenors that Mr. Lieberman is making changes to KLD TR-201 May 8 LILCO sends TR-201A to Intervenors, along with the underlying documentation May 27 State files rebuttal testimony on KLD TR-201 June 30 Hearing begins July 17,21-22 Edward Lieberman tentatively scheduled to testify July 22 Intervenors' proposed date for serving rebuttal July 23-24,28 State traffic witnesses tentatively scheduled to testify The short of the matter is that Intervenors have had both TR-201A and the underlying documentation since May 9, two-and-a-half weeks before their first rebuttal testimony was due and 40 days before today. That they now seek an additional 34 days to analyze it is unreasonable.
Moreover, the Intervenors' proposed schedule is unf air to LILCO. The regulation, i i CFR S 2.743(b), provides that testimony should be served 15 days in advance of hear-ing:
In any proceeding in which advance written testimony is to be used, each party shall serve copies of its proposed written testimony on each other party at least fif teen (15) days in ad-vance of the session of the hearing at which its testimony is to be presented. The presiding officer may permit the intro-duction of written testimony not so served, either with the consent of all parties present or af ter they have had a reason-ab?e opportunity to examine it.
m
-4 In contrast, the Intervenors propose that the rebuttal testimony be provided the day be-fore its witnesses are to appear. Even if one counts to the last day the State witnesses are to be on the stand, July 28, it is unreasonable to expect LILCO to prepare to cross-examine on new testimony, the extent of which can only now be guessed at, between July 22 and July 28. Moreover, the Intervenors' proposalis to submit this rebuttal testi-mony on the last day LILCO's traffic witness is tentatively scheduled to be on the stand, eliminating any possibility that he can address the rebuttal without a separate later appearance. Nor does the Intervenors' proposal leave room for motions to strike, unless they are made orally shortly af ter the testimony is received.
LILCO believes the Intervenors have already had ample time to address KLD TR-
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201A. But since they are to be given still more time, the schedule should be consistent with 10 CFR S 2.743(b). The testimony should be filed July 8,1987.
IV. Conclusion For the above reasons, LILCO submits that the State's rebuttal to KLD TR-201A should be due, in hand, on July 8,1987.
Respectf ully submitted, j
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w?O James N. Christman Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: June 18,1987 4
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LILCO, June 18,'1987 5
OL M :D U6NH; i
.f ERTIFICATE OF SERVICE 0Frt..
-e 00CKf1 E. J 7 M.'
'f In the Matter of
. LONS ISLAND LIGHTING COMPANY (Shore %am Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 '
I hereby certify that dopies of LILCO'S ANSWER TO THE INTERVENORS' PRO--
POSED DISCOVERY SCHEDE'LE ON KLD TR-201A AND REQUEST FOR'A RULING ON SCOPE OF DEPOSITION web i served this date upon the following by telecopier as
. indicated by one asterisk, byl Federal Express as indicated by two asterisks, or by a
first-class mail, postage prqsaid.
3 Morton B. Margulies, Chainnan **
Atomic Safety and Licensing -
Atomic Safety and Licens!' g Appeal Board Panel Board U.S. Nuclear Regulatory Commission -
U.S. Nuclear Regulatory ( )mmission Washington, D.C. 20555 East-West Towers, Rm. 4F1 4350 East-West Hwy.
Atomic Safety and Licensing Bethesda, MD 20814 Board Panel U.S. Nuclear Regulatory Commission Dr. Jerry R. Kline **
Washington, D.C. 20555 Atomic Safety and Licens ig Board Richard G. Bachmann, Esq. **
U.S. Nuclear Regulatory Opnmission George E. Johnson, Esq.
East-West Towers, Rm. 421<
U.S. Nuclear Regulatory Commission 4350 East-West Hwy.
7735 Old Georgetown Road
~ '
(to mailroom)
Bethesda, MD 20814 4
1 Bethesda, MD 20814 Atomic Safety and Licensing (a Mr. Frederick J. Shon **
Herbert H. Brown, Esq. **
Board 1
Lawrence Coe Lanpher, Esq.
U.S. Nuclear Regulatory Comsg sion
. Karla J. Letsche, Esq.
East-West Towers, Rm. 430 Kirkpatrick & Lockhart
((
4350 East-West Hwy.
South Lobby - 9th Floor Bethesda, MD 20814 1800 M Street, N.W.
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Washington, D.C. 20036-5891 Secretary of the Commission g
Attention Docketing and Service q%
Fabian G. Palomino, Esq. **
Section Richard J. Zahnleuter, Esq.
U.S. Nuclear Regulatory Commissi'{ t Special Counsel to the Governor 1717 H Street, N.W.
Executive Chamber l
Washington, D.C. 20555 State Capitol Room 229 Albany, New York 12224 9
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Mary Gundrum, Esq.
Jonathan D. Feinberg, Esq.
j Assistant Attorney General New York State Department of J
120 Broadway Public Service, Staff Counsel i
Third Floor, Room 3-116 Three Rockefeller Plaza New York, New York 10271 Albany, New York 12223 Spence W. Perry, Esq. **
Ms. Nora Bredes William R. Cumming, Esq.
Executive Coordinator j
Federal Emergency Management Shoreham Opponents' Coalition Agency 195 East Main Street 500 C Street, S.W., Room 840 Smithtown, New York 11787 Washington, D.C. 20472 Gerald C. Crotty, Esq.
Mr. Jay Dunkleberger Counsel to the Governor New York State Energy Office Executive Chamber Agency Building 2 State Capitol Empire State Plaza Albany, New York 12224 Albany, New York 12223 -
Martin Bradley Ashare, Esq. **
Stephen B. Latham, Esq. **
Eugene R. Kelly, Esq.
Twomey, Latham & Shea Suffolk County Attorney 33 West Second Street H. Lee Dennison Building P.O. Box 298 Veterans Memorial Highway Riverhead, New York 11901 Hauppauge, New York 11787 Mr. Philip McIntire Dr. Monroe Schneider Federal Emergency Management North Shore Committee Agency P.O. Box 231 26 Federal Plaza Wading River, NY 11792 New York, New York 10278 b
ames N. Christman Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: June 18,1987
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