ML20023B386

Withdrawal of 830408 Motion to Compel Util to File Written Rept Re Teledyne Engineering Svc Design Review.During 830422 Telcon,Util & NRC Disclosed Most Info Requested in Motion. Alternative Relief Requested.Certificate of Svc Encl

ML20023B386
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	05/02/1983
From:	Dynner A KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20023B383	List: ML20023B381 ML20023B386
References
ISSUANCES-OL, NUDOCS 8305050005
Download: ML20023B386 (13)

Text

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IIUMED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION, '

L' - ,j r-) g n Before the Atomic Safety and Licensing Board

)

• In the MattAr of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 0.L.

)

(Shoreham Nuclear Power Station, )

Unit 1) . )

)

SUFFOLK COUNTY'S WITHDRAWAL OF MOTION TO COMPEL LILCO TO FILE A WRITTEN REPORT CONCERNING THE TELEDYNE ENGINEERING SERVICES DESIGN REVIEW OF SHOREHAM; MOTION FOR ALTERNATIVE RELIEF Suffolk County filed a motion (the " Motion") on April 8, 1983 requesting the Board to issue an order compelling LILCO to submit a report (a) detailing the status of the design review by Teledyne Engineering Services ("Teledyne"), (b) explaining the reasons for the delays in issuance of the Teledyne report and estimating the date of the final're'p ort, and (c) describing all contacts between LILCO and Teledyne with respect to the review. This Motion was prompted by long, repeated and con-tinuing delays in the issuance of the report and the failure of LILCO to provide information on the reasons for the delays and accurate estimates of the issuance date.

This matter has apparently also been of concern to the Board, which most recently referred to the Teledyne report as "still pending, but long anticipated and much delayed (without 8305050005 830502 PDR ADOCK 05000322 0 PDR

explanation) . . . ." " Memorandum and Order Referring Denial of Suffolk County's Motion to Terminate to the Appeal Board an Certifying Low-Power License Question to the Commission

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(Through the Appeal Board) ," LBP-83-21, 17 NRC (1983),

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t 20. As the Board noted in its " Memorandum and Order Direc%

ing Parties to Discuss Pending Suffolk County Motions,"

April 14, 1983 (the " Board Order"), the Board itself requested information on the status and scheduled issuance date of

" ' the Teledyne deport as late as during the hearing on April 5, 1983. LILCO's response was that the Teledyne report "is not out yet, and we do not have any later information on when it will be available." Tr. 20,359. The Staff made no response.

In compliance with the Board Order, by letter of April l@

1983, the County proposed a meeting among the County, LILCO, the Staff, and Teledyne to discuss the Motion. In subsequent correspondence, LILCO refused to meet in person, agreeing onig to a conference telephone call and declining to involve Teled l

i in the call or the County in telephone calls between LILCO an Teledyne. Copies of all of this correspondence are attached as Exhibit 1. During the course of a telephone conference ca) on April 22, 1983, LILCO and the Staff finally disclosed most, but not all, of the information requested by the. County in its Motion -(part (c) of the Motion described above was not

-- - provided) and, accordingly, asked the County to withdraw the Motion. The County responded that it would consider L

withdrawing the Motion only after review of LILCO's and the Staff's replies to the Motion, which s.hould accurately' state

'the substance of the information given the County or' ally during the telephone conference call.

LILCO's reply ~to the Motion, filed on April 25, 1983, gratuitously characterizes the County's Motion as "a premature and vexatious request for discovery." The County's Motion was not a " request for discovery;" it was an attempt to penetrate LILCO's virtual blackout of information concerning the progress (or lack of it) of the Teledyne review, so that the County and the Board might obtain some insight into the schedule of this proceeding. The Motion was hardly " premature;"

both the County and the Board repeatedly over the course of -

many months have requested LILCO to disclose information on the status of the Teledyne review, only to be met by the stone wall of silence or purported ignorance. The Motion was apparently " vexatious" to LILCO because LILCO did not wish to provide important.information to the Board and the other parties. ,

Because LILCO did furnish the County most of the informa-tion requested by the Motion, and confirmed that information in writing in.its reply, the County hereby withdraws its Motion.

We note, as stated on page 4 of LILCO's reply, that the time which LILCO takes to respond to questions by Teledyne is one of the critical pacing elements of the schedule for

_a_

issuance of the Teledyne report.- Therefore, the timing of the issuance of.Teledyne's final report is to a significant extent

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within LILCO's co'ntrol. LILCO estimates'that the final report will be issued by the middle or end of June.

The Staff estimates in its April 28, 1983 response to the Motion (the " Staff Response") that the final report could be

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issued by the end of May.

According to the Staff Response, Mr. Caruso frequently contacted Mr. Landers of Teledyne over

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the past several months to " track the progress of the'Teledyne review." However, the Staff failed to provide detailed information regarding the status of the Teledyne review to

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the County or the Board. Indeed, the Staff informed the County orally that ' the Staff intended to oppose the County's Motion. In our view the Staff should facilitate the disclosure of information regarding the progress of the Teledyne review (especially when that information has been repeatedly requested by the Board), rather than oppose,a motion designed to secure that information for the benefit of the Board and all parties.

The Staff Response fails to confirm-in writing one matter disclosed by the Staff during the Apri1 22 conference call. Mr. Caruso reported that Mr. Landers of Teledyne

. told Mr. Caruso he had reviewed the transcripts of the hearings on the Torrey Pines report, and did not want to happen to Teledyne what happened to Torrey Pines. Teledyne was being extremely cautious in its review, and if it found a non-conformance in an item, was inspecting all similar items in the system.

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Obviously the Motion and Board Order which were necessary to force LILCO and the Staff to disclose information regarding the Teledyne review kere not the most efficient way to obtain '

. this information, although those means were compelled by intransigence. Accordingly,' while withdrawing the Motion on the basis stated above, the County hereby moves for alternative I

relief: that the Board" order LILCO and the Staff each to pro-vide the County and all parties promptly with any and all .

information it may obtain in the future regarding the status of the Teledyne design review or affecting its estimates of che issuance date of the Teledyne report. .

Respectfully submitted, David J. Gilmartin -

Patricia A. Dempsey Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788

, Herbert H. Bro h //

= -

Lawrence Coe anpher Alan Roy Dy er KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS

< . 1900 M Street, N.W. .

Washington, D.C. 20036 Attorneys for Suffolk County May 2, 1983 4

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EXHIBIT 1 EIREPATRICK, LOCKEA.HT, HILL CuarsTorm:n & ParLLIrs A Perasarr Zwcs.untwo A PaorasstoxAL Consomen?

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• * * * ~

(202) 452-7022 -

April 15, 1983

. T.S. Ellis, III, Esqqire Bernard M. Bordenick, Esq.

Anthony F. Earley, Jr., Esq. U.S. Nuclear-Regul~atory Hunton-& Williams Commission P.O. Box 1535 Washington, D.C. 20555 707 East Main Street Richmond, Virginia 23212 Gentlemen: ,

As you know, Suffolk County has recently filed a " Motion to Compel LILCO to File a Written Report Concerning the Teledyne' Engineering Services Design Review of Shoreham" (the "Teledyne motion"). In an order issued yesterday, the ASLB directed LILCO, 4 the County and the NRC Staff to discuss this motion prior to the time that answers to the motion are filed.

We propose meeting on Tuesday, April 19, in our Washington offices. We believe that representatives of Teledyne should be included in this meeting. This will ensure that answers to the inquiries made by tlie County in its riotion can be provided to the parties and included by LILCO and the Staff in their answers to the County's Teledyne motion. Please contact me as soon as possible so that we can make the necessary arrangements for the meeting .

Sincerely, fb Michael S. Miller MSM:ph cc: Donald.F. Landers Senior Vice-President Teledyne Engineering Services,

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. IIU N ros & WILLI AM S 707 EAsv Main stacc7 P. o. Box IG3 5

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.........< ........ 8-Michael S. Miller, Es,,q. Bernard M. Dordenick, Esq' Kirkpatrick, Lockhart, IIlll U.S. Nuclear Regulatory.

. Christopher & Phillips '

Commission 19 0 0 M S tree t , N .W . washington, D.C. 20555 Washington, D.C. 2003G

Dear Mike and Bernie:

We received this morning ![ike's letter of April 15 .

proposing that the parties meet-in Mike's offices in Mashington tomorrow, April 19, to discuss the County 's motion regarding the.

Teledyne inspection. We do not believe the' Board intended that the parties actually get together,' and we therefore suggest a conference call later this week at the convenience of all ~in-volved. We propose 10:00 a.m. on Thursday or 2:00 p.m. on Thursday or Friday.

Please let me know when you would prefer to have a con-ference call. I can be reached .at any of the following numbers

- (708-8488, -8243, or -8222) . ,

warm regards. -

l Sincerely,

. s .

~ ,

h Lewis F. Powell, III

- 234/816 cc: Donald F. Landers

! Senior Vice-President Toledyne Engineering Services l

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Fr: sarnGR, FEMtECTL77.A ES v4L**.IR's DIRECT DIAL Nt >cEn2 (4it) &&5 osco (202) 452-7022 .

Apr?1 19, 1983 BY TELECOPIER _

Lewis Powell, Esquire ,

- Hunton & Williams P.O. Box 1535 707 East Main Street Richmond, Virginia 23212

Dear Lewis:

On beha1f of Suffolk County, this is t'o acknowledge receipt of your April 18 letter and to advise you that we can be availabli at any of the times proposed in your letter for a conference call to discuss the County's Teledyne motion. We assume that repre-sentatives of Teledyne will be included in the conference call.

Perhaps the call should be scheduled for a time most convenient for the Teledyne representatives.

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As noted in my April 15 , letter, we believe that Teledyne's participation will ensure that answers to the inquiries made by the County in its motion can be provided.to the parties and included by LILCO-and the Staff in their answers to the. motion.

We therefore expect to be advised if Teledyne is not to be includ in the scheduled conference call. Should LILCO decide not to include Teledyne, we expect LILCO, or its. counsel, to be able to provide answers to the inquiries which have been made by the Coun We further expect to be included in any discussions that LILCO might have with Teledyne in preparation for the upcoming conferer.

,- call among the parties.

Please let us know at your earliest convenience when the conference call will be scheduled.

Best regards.

Sincerely, btb Y Michael S. Miller cc: Bernard M. Bordenick, Esq.

Mr. Donald F. Landers Senior Vice President Teledyne Engineering Services

Hexrox & WrIirius -

707 E.A57 MAlH 5'?ncer P. C. Box isas e s & ? sur6o.w. Rremto.wn,vinormA 23212

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m c. cos eco o. o. ma se ns o mastron, wo n'w cam ous.a stees wtnius'om,L c tatac TcLcpHCNE 804 786-5200 e's.e s e-s are  : .nas asso r:nse vinctw'A sawa wwse a.o=>... Aphil19,1983 ete no. 24566.0

= c a r c',t, vi no a nna 3 3 s se 4o4 618*580 Crat:7 D:46 Ms. eCe ta BY TELECOPIER -

Michael S. Miller, Esq.

( Kirkpatrick, Lockhart, Hill Christopher & Phillips -

19 00 M S treet, N.W.

Washington, D.C. 20036

Dear Mike:

In response to your lett;er of this date, which I received this morning, I direct your attention to the last sentence of the first paragraph of the Board's order of April 14. Unless

- LILCO and the County received different versions of the Order,

- the Board does not contemplate the participation of Teledyne in the conference that the order requires. - Thus, your assumption to the contrary, like your expectations that underlie your notics are based on no visible means of support. .

Not yet having heard from Bernie, I propose that the call be arranged for 2:00 p.m. on Friday, April 22. By copy, I

of this letter to Bernie, I am requesting that he confirm that I

this time will be. convenient. .

Warn regards.

Sincerely, s-Lewis F. Pcwell, III 234/816

- - cc: Bernard M. Bordenick, Esq.

Mr. Donald F. Landers

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EraxrArnIcr. LocxnAnr, Hn.L. Cnarsroruza & PHILLIrs A Pam::rzasure lucz.convo A PaormassoxAL COEFCMON' 19o0 }i STREET, N, W.

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VEITzR'S VIRECT DIAL FrMBsA '

(202) 452-7022 April 19, 1983 BY TELECOPIER

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Lesis Powell III, Esquire Hunton & Williams P.O. Box 1535 707 East Main Street Richmond, Virginia 23212 .

Dear Lewis:

i d by me, Your letter of this date, which was just rece ot vecontemplate -

states that the Board's Order of April 14 f'"does nnce that the Order the participation of Teledyne in the con ereTherefore, the parties. you in requires."

participate in the upcoming conference call among lied upon

'from the We do not believe that the Board's d Order can be by LILCO to justify its decision Moreover, we to areexclude confidentTelethat yneLILCO and

' conference call. h inquiries made by County received the same Order. Board intends in these dis-for the pa the County in its Teledyne motion. ided letters, it is essential that Teledyne participateif answ cus sions-to the parties and included by LILCO an to the County's motion. t be t LILCO's included in the upcoming conference d complete answers Answers call, w representatives to be able to provide d by thean full County.

h it last inquired to the inquiries which have been(Tr. ma20,359) esuchwill asnot those about the status of the Teledyne reportMoreover, as noted in my letter resolve the County's concerns. to be included in any discussions earlier today, we also expect in preparation for the that LILCO might have with Teledyne co'nference among the parties.

a .-

EtarrArnIcx, Locan. ant, HILL, Cunzsrornza & PuILLrrs Lewis Powell III, Esquire April 19, 1983 Page Two We will assume from your last letter that the conference call will be arranged for 2:00 p.m. on Friday, April 22. Please have the call placed through Alan Dynner of my office at either of the following numbers (452-7044 or -7045) .

Best regards.

~~

Sincerely, .

fufYhb Michael S. Miller MSM:ph -

cc: Bernard M. Bordenick, Esq.

Mr. Donald F. Landers .

e O

• t

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,,,..___,

.y ; -

BEFORE THE ATOMIC SAiz>Y AND LICENSING BOARD

'O iL ' -4 A10 :29

)

In the Matter of ) *

)

LONG ISLAND LIGHTING COMPANY )

) Docket No. 50-322 (0.L.)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of "SUFFOLK COUNTY MOTION FOR REVISION OF SCHEDULE" and "SUFFOLK COUNTY'S WITHDRAWAL OF MOTION TO -COMPEL LILCO TO FILE A WRITTEN REPORT CONCERNING THE TELEDYNE ENGINEERING SERVICES DESIGN REVIEW OF SHOREHAM; MOTION FOR ALTERNATIVE RELIEF" have been served this 2nd day of May 1983 to the following by first class mail, postage prepaid, except as otherwise indicated.

Lawrence J. Brenner, Esq. (#) Ralph Shapiro, Esq. (*)

Administrative Judge Cammer and Shapiro Atomic Safety and Licensing Board 9 East 40th Street -

U.S. Nuclear Regulatory Commission New York, New York 10016 Washington,.D.C. 20555 Howard L. Blau, Esq.

Dr. James L. Carpenter (#) 217 Newbridge Road Administrative Judge Hicksville, New York 11801 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission W. Taylor Reveley III, Esq. (*)

Washington, D.C. 20555 Hunton & Williams

- P.O. Box 1535 707 East Main St.

Dr. Peter A. Morris (#) Richmond, Virginia 23212 Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mr. Jay Dunkleberger Washington, D.C. 20555 New York State Energy Office Agency Building 2 Edward M. Barrett, Esq. Empire State Plaza

. General Counsel .

Albany, New York 12223 Long Island Lighting Company 250 Old Country Road Stephen B. Latham, Esq. (*)

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Mineola, New York 11501 Twomey, Latham & Shea Mr. Brian McCaffrey P.O. Box 398 Long Island Lighting Company 33 West Second Street 175 East Old Country Road Riverhead, New York 11901 Hicksville, New York 11801 -

Marc W. Goldsmith Mr. Jeff Smith Energy Roscarch Group, Inc. Shoreham Nuclear Power Station 400-1 Totten Pond Road . P.O. Box 618 Waltham, Massachusetts 02154 North Country Road Wading River, New' York 11792 Joel Blau, Esq. MHB Technical Associates New York Public Service Commission 1723 Hamilton Avenue The Governor Nel' son A. Rockefellef Suite'K Building San Jose, California 95125 Empire State Plaza Albany, Ney York 12223 Hon. Peter Cohalan S.uffolk County Executive David J. Gilmartin, Esq. H. Lee Dennison Suffolk County Attorney Building

B. Lee Dennison Building Veterans Memorial Highway

- Veterans Memorial Highway Hauppauge, New York 11788 Hauppauge, New York 11788 Ezra I. Bialik, Esq.

Atomic Safety and Licensing ~~

Assistant Attorney General Board Panel Environmental Protection Bureau U.S. Nuclear Regulatory Commission New York State Department of Washington, D.C. 20555 Law 2 World Trade Center Docketing and Service Section New York, New York 10047 Office of the Secretary U.S. Nuclear Regulatory Commission -

Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board U.S. Nuclear Regulatory Bernard M. Bordenick, Esq. (#) Commission .

David A. Repka, Esq. Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Matthew J. Kelly, Esq.

Staff Counsel, New York Stuart Diamond State Public Service Comm.

Environment / Energy Writer 3 Rockefeller Plaza NEWSDAY Albany, New York 12223 Long Island, New York 11747 -

. Stewart M. Glass, Esq.

Daniel F. Brown, Esq. Regional Counsel Atomic Safety and Federal Emergency Management Licensing Board Panel Agency U.S. Nuclear Regulatory Commission 26 Federal Plaza Washington, D.C. 20055 New Yorx,-New York 10278 James B. Dougherty, Esq. (#)

3045 Porter Street, N.W.

Washington,,D.C. 20008 ,

1. ~

,WWM Vm V'

Lawrence Coe Lanpher KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS DATE: May 2, 1983 1900 M Street, N.W., 8th Floor

(*) By Federal Express 5/2/83

(#) By Hand 5/3/83

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