ML20063H078

Suppl to 820823 Motion to Compel Suffolk County to Produce Documents in Response to First & Second Round Requests.Certificate of Svc Encl.Related Correspondence

ML20063H078
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/25/1982
From:	Reveley W HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8209010313
Download: ML20063H078 (8)

Text

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g; ; r.s cr""FWr'D"C3 DOCHETED USNRC 12 AW 30 40:13 bf[g 3EC r

LILCO, August 25, 1 a 5 Trgj y '

BRANCH UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

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

)

(Shoreham Nuclear Power Station, )

Unit 1) )

SUPPLEMENT TO LILCO's MOTION TO COMPEL PRODUCTION OF EMERGENCY PLANNING DOCUMENTS On August 23, 1982, Long Island Lighting Company (LILCO) filed its motion to compel production of documents l

l responsive to LILCO's first and second requests to Suffolk County for emergency planning documents. Among the documents sought are those the County indicated were being withheld as privileged (See the County's August 11, 1982, letter, attached to the motion.) On August 24, 1982 the Board ordered the County to respond to LILCO's motion to compel by Tuesday, August 31, 1982.

l On August 25, 1982, LILCO received a letter from the County dated August 24, 19821/ (attached), listing additional 1/ The August 24 letter was telecopied yesterday after business hours.

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documents the County is withholding under claims of privilege.

In accordance with 10 CFR S 2.740(f), LILCO hereby moves the presiding officer in this proceeding for an order compelling Suffolk County to produce the documents listed in the County's August 24 letter, for the reasons stated in LILCO's August 23, 1982 motion to compel. LILCO further requests that the Board order the County to respond on Tuesday, August 31, to this sup-plement to LILCO's August 23 motion to compel.

Respectfully submitted, LONG ISLAND LIGHTING COMPANY liMeES 177GrAdu,/

W'.) Tayfor Reve' ley,'III f James N. Christman g Kathy E. B. McCleskey I Hunton & Williams l

P. O. Box 1535 707 East Main Street Richmond, Virginia 23212 DATED: August 25, 1982

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i EIHKPATRICM, LOCMHART. HUA, CHRISTOFHBEi & Pazz.x.xFs A Pastosomeste tussemano A 3 moeammeemaa. Cemeenavses Isoo M Srwsur,N.W.

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eme nee.w - z James N. Christman, Esq'. ,I

-Kathy E.D. McCleskey,.Esq.-

Hunton & Niiliams 707 East Main Street Richmond, Virginia 23212 Dear Jim and Xath'ys

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The following is an additional list of documents which are arguably relevant to your discovery requests, but which we are withholding on grounds that these documents fall under This list covers all documents received l

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' recognized privileges.fr.om Suffolk. County since my last letter to you of August 1 1982. ,

1. The following documents are not subject to discovery because they fall within the attorney-client privileges

- Memorandum from Frank R. Jones, Deputy County Executive, to Herbert

- H. Br6wn, Esq., dated April 16, 1982, .

regarding supplements to March 29

- draft emergency. evacuation documents

' submitted to NRC.

A letter from Christopher M. McMurray to Patricia Dempsey, Esq., County Attorney's office, dated May 10, 1982, i

regarding scope of services for Rai

- Erikson and Jim Johnson.. .

2. The following documents are not subject'to discovery because they f all within the attorney-client privilege and .the 1

attorney work product privilege

, - - - ,- - - - . - - . , , .-.,-,,__,,n..,,,,,--_-..-...,.m_ n. . - .. , -- -.___- _ __ - _

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. maca, l.o<::::: Anr, Hir.r., Casencr:r asa 1% [,stki.res .Y

.. A mes N. Christman, Esq.

Kathy E.B. McCleskey, Esq. -

August 24, 1982 4 S.

• Page Two

, I Letter from Philip B. Ilerr to Christopher McMurray, Attorney, dated July 6, 1982 regarding panel

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on behavior under stress.

• 3 Letter from Christopher M. McMurray to Dr. Fred Finlayson, dated July 15, 1982 regarding LILCO testimony on PRA.

-Letter from Christopher M. McMurray t~o Robert J. Budnitz, dated July 15, 1982,regarding LILCO testimony on PRA., ,-

Letter from Christopher M. McMurray to Dr. Fred Finlayson, dated July 13, 1982 regarding social survey, Letter f rom Fred C. Finlayson to -

Christopher M. McMurray, dated July 1, 1982 regarding interaction with authors of SAI and PL&G reports.

Letter from Christopher M. McMurray to Dr. Fred Finlayson, dated June 18, 1982 regnrding documents pertaining to LILCO's consequence analysis.

3. The following documents are not subject to discovery because they fall wi thin the attorney-client privilege and the executive privilege concerning intra-governmental communications

• which might reveal advice, opinions or policy making decisiens i

l ,A, within the Suffolk County government: ,,

l

/ Memorandum from Patricia A.-Dempsey to Frank R. Jones, dated January 27, l

'_ 1982 regarding the development of the l '

County's radiological emergency response -

plan, interface between the County httorney's office and the Department of Planning, and the role of the legislature in the preparation of the County's plan. ..

~. f Memorandum from Patricia A. Dempsey g

(. .' ; .y. to Frank R. Jones, dated March 12, Y

1982 regarding Judge Brenner's order

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• 'E:HMPAT!HCW,Ecc:2HACT, Ult.t.. CHOt%TCPHCC C2 hMILI.tys James N. Chrictman, Ecq.

Kathy E.B. McCleskey, Esq. .

August 24, 1982 Pago Three that all parties produce any draft

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plans prepared for its . emergency planning ., ....

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. efforts.

Memorandum from Chris McMurray to Frank Jones, Chairman SCRERP Steering Committee, dated May 6, 1982 regarding the SCRERP personnel.

Letter from Peter A. Polk to Christopher M. McMurray, dated August 4, 1982 regarding .

establishment of EPZ boundaries.

The following documents are not sobject to discovery 4.

because they fall within the executive privilege concerning intra-governmental communications which might reveal advice, opinions or policy-making decisions within the Suf folk County government:

Activity report by Kathleen Goode, Suffolk County Executive's Office, dated June 18, 1982 regarding meeting

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between PRC Voorhees and ceparunent of Emergency Preparedness. .

Activity report.by Charles R. Skinner, dated June 15, 1982 regarding public meetings sponsored by Suffolk County on SCRERP.

Memorandum from Charles R. Skinner to Frank Jones, Deputy County Executive, dated June 21, 1982 regarding public education about SCRERP.

Memorandum from Charles R. Skinner to Frank Jones, Deputy County. Executive, dated June 21, 1982 regarding meeting with Director of Fire Safety Ron Buckingham. -

Activity report by Kathleen Goode, County Executive's Office, dated June 4, 19 82 regarding SCRERP . Steering' Committee meeting.

Activity Report by Kathleen Goode, County Executive's Office, dated July 1, 1982 regarding meeting of Steering Committee. _

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MinurArnicx, LocunAnr, H 2.L, Cunnstorman er PurLLrre "

James H. Christman, Esq.

Kathy E.B. McC1cskey, Esq.

August 24, 1982 Page Four

=

Please do not hesitate to contact me should you have any questions regarding this matter.

Yours truly, I e_ _

Christopher M. McMurray O

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' LILCO, August 25, 1982 4

CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322 (OL)  ;

I hereby certify that copies of SUPPLEMENT TO LILCO's MOTION TO COMPEL PRODUCTION OF EMERGENCY PLANNING DOCUMENTS were served upon the following by first-class mail, postage prepaid, or by Federal Express (as indicated by an asterisk),

on August 25, 1982.

Lawrence Brenner, Esq.* Atomic Safety and Licensing Administrative Judge Appeal Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel Dr. Peter A. Morris

• U.S. Nuclear Regulatory Administrative Judge Commission Atomic Safety and Licensing Washington, D.C. 20555 Board Panel Bernard M. Bordenick, Esq.*

U.S. Nuclear Regulatory Commission David A. Repka, Esq.

Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Dr. James H. Carpenter

• Washington, D.C. 20555 Administrative Judge Atomic Safety and Licensing David J. Gilmartin, Esq.

Board Panel Attn: Patricia A. Dempsey, Esq.

U.S. Nuclear Regulatory County Attorney Commission Suffolk County Department of Law Washington, D.C. 20555 Veterans Memorial Highway Hauppauge, New York 11787

Secretary of the Commission Stephen B. Latham, Esq.*

U.S. Nuclear Regulatory Twomey, Latham & Shea Commission 33 West Second Street Washington, D.C. 20555 P. O. Box 398 Riverhead, New York 11901 Herbert H. Brown, Esq.* Ralph Shapiro, Esq.*

Lawrence Coe Lanpher, Esq. Cammer and Shapiro, P.C.

Karla J. Letsche, Esq. 9 East 40th Street Kirkpatrick, Lockhart, Hill, New York, New York 11901 Christopher & Phillips 8th Floor 1900 M Street, N.W. Howard L. Blau, Esq.

Washington, D.C. 20036 217 Newbridge Road Hicksville, New York 11801 Mr. Mark W. Goldsmith Energy Research Group Matthew J. Kelly, Esq.

400-1 Totten Pond Road State of New York Waltham, Massachusetts 02154 Department of Public Service Three Empire State Plaza l

MHB Technical Associates Albany, New York 12223 1723 Hamilton Avenue Suite K Mr. Jay Dunkleberger San Jose, California 95125 New York State Energy Office Agency Building 2 Empire State Plaza Albany, New York 12223 Respectfully submitted, LONG ISLAND LIGHTING COMPANY l

Y -

Kathy E.FB. McClbskWy Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 l

DATED: August 25, 1982

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