ML20215K915
| ML20215K915 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/04/1987 |
| From: | Bachmann R NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20215K885 | List: |
| References | |
| OL-3, NUDOCS 8705120033 | |
| Download: ML20215K915 (2) | |
Text
May 4, 1987 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL-3
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(Emergency Planning)
(Shoreham Nuclear Power Station,
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Unit 1)
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NRC STAFF RESPONSE TO LILCO'S MOTION TO STRIKE TESTIMONY OF PAPILE ET AL.
On April 18, 1987, LILCO filed its " Motion to Strike Testimony of Papile et al." (" Motion"), which seeks to strike portions of the State of New York's Papile testimony.1 LILCO's Motion is based on:
(1) the prior litigation of the " shadow phenomenon", particularly with regard to the pre-existing fear of radiation, 2,/ (2) the improper use of legal conclusions and witness interpretations, and (3) testimony which goes beyond the admitted issues and regulatory requirements.
The Staff is in agreement with LILCO that the testimony is inadmissible and hence the 1/
" Direct Testimony of James D.
Papile, James C.
Baranski and
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Lawrence B.
Czech on Behalf of the State of New York Regarding LILCO's Reception Centers" dated April 13, 1987
("Papile testimony").
-2/
This issue has been stricken in the OL-5 proceeding for similar reasons.
See Memorandum and Order (Ruling on LILCO's and Staff's Motions to Strike Suffolk County's Testimony on Contentions Ex. 38, Ex. 39, Ex. 22F, Ex. 44, Ex. 400, and Ex. 490), dated April 17, 1987 at 5-6.
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motion to strike the designated portions of the Papile testimony should be granted.
Respectfully submitted,
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Richard G. Bachmann Counsel for NRC Staff Dated at Bethesda, Maryland this 4th day of May,1987 l
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