ML20087C250

Motion to Strike Testimony of Jr Sears on Behalf of NRC Staff Re Emergency Preparedness Contentions 26.A,26.C & 26.D.Testimony Contains Personal Views.Certificate of Svc Encl.Related Correspondence

ML20087C250
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/09/1984
From:	Letsche K KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
References
OL-3, NUDOCS 8403130003
Download: ML20087C250 (6)

Text

-

ry -

y*'

hELATED CORREsF0;iDENCE.

COLKETED U%RC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'84 BR 12 A11 :27 Before the Atomic Safety and Licensing Boardrgt y 20 nNim: s 2 "

23;JDi

)

In the Matter of )

)

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

)

SUFFOLK COUNTY MOTION TO STRIKE TESTIMONY OF JOHN R. SEARS ON BEHALF OF THE NRC STAFF REGARDING EMERGENCY PREPAREDNESS CONTENTIONS 26.A, 26.C, AND 26.D Pursuant to 10 CFR Section 2.743 (c) Suffolk County hereby moves to strike in its entirety the Testimony of John R. Sears on Behalf of the NPC Staff Regarding Emergency Preparedness Contentions 26.A, 26.C and 26.D (hereinafter, the " Sears Testimony's ) .

Although the Sears Testimony is characterized in its title and in Mr. Repka's cover letter to the Board, dated March 2, 1984, as being submitted "on behalf of the NRC Staff," in the testimony itself Mr. Sears states:

My testimony contains my personal professional opinions and does not represent the NRC Staff's.

final position on these contentions, Sears Testimony at 2 (emphasis supplied) . Clearly, the NRC Staff has not endorsad the substance of Mr. Sears' testimony. Indeed, 8403130003 840309 ,

PDR ADOCK 05000322 50 ~3 9 PDR

[

7 4

the NRC Staff apparently has not even determined yet what its position is on Contentions 26.A, 26.C and 26.D.

The NRC Staff is a party to licensing proceedings for one purpose- to provide licensing boards with the views of the NRC Staff as uo matters at issue. The Sears Testimony contains only Mr. Sears' personal' views, not the views of the NRC Staff.

Indeed, the NRC Staff may disavow some or all of the comments in the Sears Testimony whenever it determines its " final position" on the contentions addressed by Mr. Sears.

For testimony to be. properly submitted to a licensing board, it must be sponsored by, and represent the views of, a party to the proceeding or be submitted at the request of the Board.

CJearly, this Board would not accept into evidence as testimony the personal views of some individual LILCO employee or Suffolk County employee if those views were not proffered and endorsed by LILCO, or by the County. The proper vehicle for the expres-sion of such personal views is through limited appearance state-ments, not testimony. Given the role of the NRC Staff in licensing proceedings, the fact that the NRC has not yet deter-mined its position on the contentions addressed by Mr. Sears, and the fact that the Sears Testimony contains only Mr. Sears' personal views rather than a representation of the views of the NRC Staff, this Board cannot properly accept the Sears Testimony as reliable, probative or material evidence. It should be stricken.

?

3-Moreover, it would be wasteful and inefficient for the Board and the parties to take up hearing time and devote resources toward related preparation for cross examination with respect to the personal views expressed in the Sears Testimony. Presumably, at some future date, after it has reached a " final position" on Contentions 26.A, 26.C and 26.D, the NRC Staff will seek to submit testimony that does repre-sent its views. The parties and the Board should concern themselves with that future testimony whenever it appears, rather than with the purely personal views contained in the Sears Testimony.

Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 e . .D ' f G. /

j

. / Y Herbert H. Brown G N~

k/

.! hA

~

Lavrence Coe Lanphe -

Karla J. Letsche KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 Attorneys for Suffolk County Dated: March 9, 1984 r

e e

d e r

'i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSICN BEFOEE THE ATOMIC SAFETY AND LICENSING BOARD

~

)

In the Patter of )

)

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

) (Emergency Planning)

(Shcreham Nuclear Power Station, )

Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of Suffolk County Motio'n to Strike Testimony of John R. Sears on Behalf of the NRC Staff Regarding Emergency Preparedness Contentions 26.A, 26.C and 26.D have been cerved on the following by U.S. mail, first class except where noted this 9th_ day of March, 1984.

• James A.'Laurenson, Chairman Ralph Shapiro, Esq.

Atomic Safety and Licensing Board Cammer and Shapiro U.S. Nuclear Regulatory Commission 9 East 40th Street Washington, D.C. 20555 New York, New York 10016

• Dr. Jerry R. Kline Howard L. Blau, Esq.

Atomic Safety and Licensing Board 217 Newbridge Road U.S. Nuclear Regulatory Commission Hicksville, New York 11801 Washington, D.C. 20555

• Mri Frederick J. Shon **W. . Taylor Peveley III, Esq.

Atomic Safety and Licensing Board Hunton & Willia'cs U.S. Nuclear Pegulatory Commission P. O. Box 1535 Washington, D.C. 20555 707 East Main Street Richmond, Virginia 23212 Edward M. Barrett,.Esq. Mr. Jay Dunkleberger General Counsel' New York State Energy Office Long Island Lighting Company Agency Building 2 250 Old Country Road Empire State Plaza Mineola, New York 11501 Albany, tiew York 12223

• By Hand .

• • By Telecopier

• • • RBy Federal Express

cdf

~l Mr.'Erianh:cCaffrey Stephen P. Latham, Esq.

Long Island Lighting Company Twomey, Latham & Shea Shorcham Nuclear Power Station 33 West Second Street P.C. Box 618 Riverhead, New York 11901 North Country Road Kading River, New York 11792 Docketing and Service Section Office of the Secretary Nora Dredes 1717 H Street, N.W.

Executive Eirector U.S. Nuclear Regulatory Comm.

Shoreham Cpponents Coalition Washington, D.C. 20555 195 East Main Street Smithtown, New York 11787 Hon. Peter Cohalan Suffolk County Executive Marc W. Goldsmith H. Lee Dennison Building Energy Research Group, Inc. Veterans Memorial Highway 400-1 Totten Pond Road Hauppauge, New York 11788 Waltham, Passachusetts 02154

• Eleanor L. Fr0cci, Esq.

Atomic Safety and Licensing MHE Technical Associates Board Patiel 1723 Hamilton Avenue U.S. Nuclear Regulatory Comm.

Suite K Washington, D.C. 20555 San Jose, California 95125 Martin Bradley Ashare, Esq.

Suffolk County Attorney Joel Blau, Esq. H. Lee Dennison Building N;w York Public Service Commission Veterans Memorial Highway The Governor Nelson A. Rockefeller Hauppauge, New York 11788 Euilding Empire State Plaza

• Atomic Safety and Licensing Albany, New York 12223 '

Appeal Board U.S. Nuclear Regulatory Comm.

Atomic Safety and Licensing Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Commission Jonathan D. Feinberg, Esq. ,

Mcshi ngton , D.C.. 20555 Staff Counsel, New Yor.k State Public Service Commission oPernard M. Bordenick, Esq. 3 Rockefeller Plaza D;vid A. Repka, Esq. Albany, New York 12223 U.S. Nuclear Regulatory Commission

' Washington, D.C. 20555 Stewart M. Glass, Esq.

- Regional Counsel Federal Emergency Management

~Stuart Diamond Agency Environment / Energy Writer 26 Federal Plaza NEWEDAY New York, New York 10278 Long Island, New York 11747 4

e

s !"

J Spence Ferry, Esq. James E. Dougherty, Esq.

Associate General Counsel 3045 Porter Street, N.K.

Federal Emergency Management Agency Kashington, D.C. 20008

.. Mashington, D.C. 20471

'000 Fabian Falomino, Eag.

Special Counsel to the Governor Executive Chamber

~ Room 229 State Capitol Albany, New York 12224 cucz::

Karl/ J1 Letsche KIRKPATRICK, LOCKfART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 DATED: March 9, 1984 C

i 9

m O

3-

.