ML20093N278

Application for Issuance of Subpoenas to Command Appearance & Testimony by J Hines & FA Cipriani at Emergency Planning Hearings.Certificate of Svc Encl.Related Correspondence

ML20093N278
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	07/27/1984
From:	Christman J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
References
OL-3, NUDOCS 8408010261
Download: ML20093N278 (12)

Text

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, _ , ,,__,;..,_.CE LILCO, July 27, 1984 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION C E-Before the Atomic Safety and Licensing oa { 0 R2.44 l

In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

) (Emergency Planning (Shoreham Nuclear Power Station, ) Proceeding).

Unit 1) )

LILCO'S APPLICATION FOR ISSUANCE OF SUBPOENAS Pursuant to the Board's ruling of July 12, 1984 (Tr.

12,829-34), Long Island Lighting Company (LILCO) requests the presiding officer of this Licensing Board to issue subpoenas under 10 CFR Section 2.720 to command the appearance of and testimony by James Hines and Frank A. Cipriani at the emergency planning hearings. Counsel for Suffolk County and counsel for the State of New York have orally represented that they will not voluntarily produce these two people as witnesses. In ad-dition, pursuant to the Board's July 12 order (Tr. 12,834) p LILCO has attempted to reach an agreement with the parties to

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avoid the necessity of requesting subpoenas; these discussions gh have not borne fruit.1/ The parties have agreed, however, upon S8 '

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- 1/ LILCO suggested that the County and State voluntarily make

$$ these witnesses available for deposition, with the understand-og ing that they would not then appear at hearings; counsel for o< the Suffolk County and for the State declined to produce the

@ witnesses voluntarily for depositions or as witnesses at the gh, hearings, and did not offer any counter-proposal regarding the issues of (1) providing a foundation for the two letters signed by these gentlemen and offered into evidence by Suffolk County, and-(2) af fording LILCO discov ry regarding these letters.

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r a date .certain for these witnesses to appear should the Board issue subpoenas.

The testimony of Messrs. Cipriani and Hines will produce information of relevance to the emergency planning issues raised in Contentions 74 and 75 regarding relocation centers (see 10 CFR S2.720(a)). These gentlemen are the signators of letters dated' July 21, 1984 addressed to the American Red Cross and discussing the availability of f acilities relied upon by LILCO and the Red Cross as relocation centers. Suffolk County has of f ered those letters into evidence as part of its revised testimony on relocation centers. If the Board denies LILCO's pending motion to strike those letters as lacking foundation (see Tr. 12,831, lines 7-18), it is necessary that Messrs.

Cipriani and Hines appear is witnesses to allow LILCO to ade-quately explore the contents of the letters.

For -the reasons stated above, LILCO asks the Board to issue 1 subpoenas for the appearance of Messrs. Hines and Cipriani at the hearings on August 22, 1984, beginning at 9:00 a.m., to discuss the use of their facilities as relocation cen-ters i'n connection with the LILCO Transition Plan.

Respectfully submitted, LONG ISLAND LIGHTING COMPANY

$ A /

Jahes Ng Christm h Kathy E. B. McC1 skey i.

Hunton & Williams 707 East Main Street Post- Office Box 1535 Richmond, Virginia 23219 DATE: July 27, 1984 ,

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o 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-3

) (Emergency Planning (Shoreham Nuclear Power Station, ) Proceeding)

Unit 1) )

SUBPOENA THE NUCLEAR REGULATORY COMMISSION TO:

Frank A. Cipriani President State University of New York r Agricultural and Technical College Farmingdale, New York 11735 YOU ARE HEREBY COMMANDED, pursuant to the Atomic Energy Act of 1954, as amended, and Section 2.720 of the Rules of

. Practice of the Nuclear Regulatory Commission, to appear and give your testimony in this proceeding at 9:00 a.m. Eastern Daylight Time on Wednesday, August 22, 1984, at Room 3B46, Court of Claims, State of New York, State Office Building, Vet-

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erans Memorial Highway, Hauppauge, New York, as requested by the Long Island Lighting Company (LILCO), to testify on the June 21, 1984 letter from you to Mrs. Patricia Nocher, American Red Cross, Executive Director of Nassau County Chapter, re-garding relocation centers for LILCO's emergency response plan for the Shoreham Nuclear Power Station.

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Under Section 2.720(f) of the Rules of the Commission you

-may by motion promptly made and in any event at or bef ore the time specified herein for compliance and upon notice to James N. Christman or Kathy E. B. McCleskey, counsel for LILCO, re-quest that this subpoena be quashed or modified if it is unrea-sonable or requires evidence not relevant to any matter in issue in the proceeding as indicated above. The Commission may condition its denial of such a motion to quash or modify this subpoena on just and reasonable terms.

Further, pursuant to Section 2.720 (d), fees and mileage.

payable to witnesses in district courts of the United States are hereby tendered.

NUCLEAR REGULATORY COMMISSION Atomic Safety and Licensing Board James A. Laurenson Presiding Judge Issued,:

July __, 1984 Bethesda, Maryland O

-p 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-3 (Shoreham Nuclear Power Station, )

) (Emergency Planning Unit 1) Proceeding)

)

RETURN,ON_ SERVICE Received this subpoena at on and on at .

I served it on the within named Frank A. Cipriani by delivering a copy to him and tendering to him the fee for one day's atten-dance and the mileage allowed by law.

Dated By Service Fees Travel $

Services S Total S Subscribed and sworn to before me this day of

, 1984.

1 Notary Public I

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i

I Before the Atomic Safety and Licensino Board i

H In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

) (Emergency Planning

. (Shoreham Nuclear Power S tation, ) Proceeding)

Unit 1) )

SUBPOENA THE NUCLEAR REGULATORY COMMISSION TO:

James Hines.

District Superintendent Board of Cooperative Educational Services 201 Sunrise Highway Patchogue, New York 11772 YOU ARE HEREBY COMMANDED, pursuant to the Atomic Energy Act of 1954, as amended, and Section 2.720 of the Rules of

. Practice of the Nuclear Regulatory Commission, to appear and

. give your testimony in this proceeding at 9:00 a.m. Eastern Daylight Time on Wednesday, August 22, 1984, at Room 3B46, Court of Claims, State of New York, State Office Building, Vet-erans Memorial Highway, Hauppauge, New York, as requested by

'the Long Island Lighting Company (LILCO), to testify on the June 21, 1984 letter from you to Mrs. Patricia Nocher, American h

Red Cross,-Executive Director of Nassau County Chapter, re-

.garding relocation centers for LILCO's emergency response plan for the Shoreham Nuclear Power Station.

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Under Section 2.720(f) of the Rules of the Commission you may by motion promptly made and in any event at or before the time specified herein for compliance and upon notice to James N. Christman or Kathy E. B. McCleskey, counsel for LILCO, re-quest that this subpoena be quashed or modified if it is unrea-sonable or requires evidence not relevant to any matter in issue in the proceeding as indicated above. The Commission may condition its denial of such a motion to quash or modify this subpoena on just and reasonable terms.

Further, pursuant to Section 2.720(d), fees and mileage payable to witnesses in district courts of the United States are hereby tendered.

NUCLEAR REGULATORY COMMISSION Atomic Safety and Licensing Board James A. Laurenson l Presioing Judge Issued:

July __, 1984 Bethesda, Maryland k

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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-3

) (Emergency Planning (Shoreham Nuclear Power Station, ) Proceeding)

Unit 1) )

RETURN ON SERVICE

. Received this subpoena at on and on at .

I served it on the within named James Hines by delivering a copy to ' him and tendering to him the fee for one day's atten-

~ dance ~ and the mileage allowed by law.

Dated By Service Fees Travel S services S Total S Subscribed and sworn to before me this day of

, 1984.

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Notary Public

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LILCO, July 27, 1984 CERTIFICATE OF SERVICE In the Matter of _,,

LONG ISLAND LIGHTING COMPANY ,,

(Shoreham Nuclear Power Station, Unit 1)

(Emergency Planning Proceeding) .gd i

Docket No. 50-322-OL-3 d ". 3 0 g p g 4 I certify that copies of LILCO's APPLICATION -FOR ISSU-ANCE OF SUBPOENAS were served this date upon the following"by first-class mail, postage prepaid, or (as indicated by one as-terisk) by hand, or (as indicated by two asterisks)'by Telecopier.

James A. Laurenson, Secretary of the Commission Chairman

• U.S. Nuclear Regulatory  ;

Atomic Safety and Licensing Commission '

Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing East-West Tower, Rm. 402A Appeal Board Panel 4350 East-West Hwy. U.S. Nuclear Regulatory Bethesda, MD 20814 Commission Washington, D.C. 20555 Dr. Jerry R. Klino*

Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East-West Tower, Rm. 427 Washington, D.C. 20555 4350 East-West Hwy.

Bethesda, MD 20814 Bernard M. Bordenick, Esq.*

Oreste Russ Pirfo, Esq.

Mr. Frederick J. Shon* Edwin J. Reis, Esq.

Atomic Safety and Licensing U. S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory 7735 Old Georgetown Road Commission (to mailroom)

East-West Tower, Rm. 430 Bethesda, MD 20814 4 3 50 E,as t-Wes t Hwy .

Bethesda, MD 20814 Stewart M. Glass, Esq.

Regional Counsel Eleanor L. Frucci, Esq.* ~

Federal Emergency Management Attorney Agency Atomic Safety and Licensing 26 Federal Plaza, Room 1349 Board Panel

^

Now' York, New York 10270

, U. S. Nuclear Regulatory Commission

• Stephen B. Latham, Esq.

East-West Tower, North Tower John F. Shea, Esq.

4350 East-West Highway .Twomey, Latham & Shea Bethesda, MD 20814 <

33, West 'Second Street P.O. Box 398 Riverhead, NY 11901 i

Fabian G. Palomino, Esq.** Ralph Shapiro, Esq.

Opecial Counsel to the cammer & Shapiro, P.C.

Governor Executive Chamber 9 East 40th Street Room 229 New York, New York 10016 State Capitol Albany, New York James B. Dougherty, Esq.

12224 3045 Porter Street Washington, D.C. 20008 Herbert H. Brown, Esq.*

Lawrence Coe Lanpher, Esq. Jonathan D. Feinberg, Esq.

Christopher M. McMurray, Esq. l Kirkpatrick, Loc khar t, Hill New York State Public Service i Christopher & Phillips Commission, Staff Counsel  !

8th Floor 3 Rockefeller Plaza 1900 M Street, N.W. Albany, New York 12223 Washington, D.C. 20036 Spence W. Perry, Esq.

MH8 Technical Associates Associate General Counsel 1723 Hamilton Avenue Federal Emergency Management Suite K Agency San Jose, California 500 C Street, S.W., Rm. 840, 95125 W ashington, D.C. 20472 Mr. Jay Dunkelberger Ms. Nora Bredes r New York State Energy Office Executive Coordinator i

Agency Building 2 Shoreham Opponents' Coalition Empire State Plaza Albany, New York 12223 195 East Main Street Smithtown, New York 11787 Gerald C. Crotty, Esq. Martin Bradley Ashare, Esq.

Counsel to the Governor Suffolk County Attorney Executive Chamber H. Lee Dennison Building State Capitol Albany, New York 12224 Veterans Memorial Highway Hauppauge, New York 11788 l d - A Aakhy E4 8. McCleskey. '

Hunton & Williams 707 East Main Street Post Office Sox 1535 Richmond, Virginia 23212 .

DATE'D: July 27, 1984 l

_ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ . _ _ _ _ . _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ . _ _ _ _ _ _ _ _ . _ _ _ _ _ _