ML20083R031

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Motion to Compel Separate Appearance for 840508 & 09 Depositions of FEMA Witnesses,Rb Kowieski,Te Baldwin, Ph Mcintire & Jh Keller.Related Correspondence
ML20083R031
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 04/20/1984
From: Letsche K
KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML20083Q918 List:
References
OL-3, NUDOCS 8404230433
Download: ML20083R031 (5)
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nt.UU .:.b CORf?EST'ONDENCE DyShD UNITED STATES OF AMEPICA NUCLEAR REGULATORY COMMISSION y p 23 N007 Before the Atomic Safety and Licensino Board g, Iyhh[AS&WIf ggAtlCM

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In the Matter of )

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

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(Shoreham Nuclear Power Station, )

Unit 1) )

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SUFFOLK COUNTY MOTION TO COMPEL THE SEPARATE APPEARANCE FOR DEPOSITIONS i

OF ROGER B. KOWIESKI, THOMAS E. BALDWIN, PHILIP H. MCINTIRE, AND JOSEPH H. KELLER Pursuant to 10 CFR SS 2.740(f) and 2.740a, Suffolk County hereby requests the Board to compel the separate appearance for depositions of Roger B. Kowieski, Thomas E. Baldwin, Philip H.

McIntire, and Joseph H. Keller (the " FEMA Witnesses").

Counsel for FEMA has agreed to Suffolk County's request to depose the four witnesses who, on behalf of FEMA, submitted testimony dated April 17, 1984.1/ Counsel have agreed that the depositions will take place on May 8 and 9, 1984. FEMA counsel, however, has refused to agree to the County's request j 1/ Although the testimony itself is dated April 17, 1984, the cover letter and Certificate of Service accompanying the i testimony are dated April 18, 1984, the testimony was ap-  !

parently filed, and the County received it, on April 19, 1984.

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B404230433 840420 PDR ADOCK 05000322 9 PDR

t that the witnesses appear one at a time to be deposed individually, and instead has taken the position that they "will be made available as a panel." See letter dated April i 17, 1984 from Stewart M. Glass to Farla J. Letsche, which is an a

Attachment hereto.

FEMA counsel has not stated a basis for refusing to permit the FEMA witnesses to be deposed individually, as has been done 1

with almost every other witness in this proceeding,2/ despite the County's request that such an explanation be provided. The County believes it is entitled under 10 CFR S 2.740(a) to conduct individual depositions of witnesses in order to obtain i

the personal views and opinions, and independent recollections of each of those witnesses, and the County wishes to exercise that right with respect to the FEMA witnesses. In addition, 1

the County believes that separate depositions would result in a more efficient use of the witnesses' and counsel's time, be-cause we understand that the witnesses have differing areas of expertise and differing levels of involvement in the FEMA RAC

) review.

i 2/ On three occasions, LILCQ deposed more than one witness at a time. All of the other 55 depositions that have been conducted in this emergency planning proceeding have in-volved only one witness.

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For the reasons set forth above, and in the absence of any showing by FEMA of good cause for depriving the County of its right under the NRC regulations to depose witnesses separately, the County submits that its Motion should be granted.

Because the parties have been unable to resolve this dis-agreement and the time before the agreed upon deposition date is short, the County is filing this Motion to Compel prior to the formal submission by FEMA of a Motion for a Protective Order.

Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Haup auge New York 11788

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Herbert H. Bro y /

Lawrence Coe Lynpher Karla J. Letsche John E. Birkenheier KIRKPATPICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.

Washington, D.C. 20036 Attorneys for Suffolk County Dated: April 20, 1984 l 1

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Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788

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Herbert N,. Brown Lawrence Coe Lan er Karla J. Letsche John E. Birkenheier KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.

Washington, D.C. 20036 Attorneys for Suffolk County i

Dated: April 20, 1984 l

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ut.u h t;LGuREST M DENCE cotKETE0 i

USNRC UNITED STATES OF AMERICA ..

NUCLEAR REGULATORY COMMISSION hm 5 23 N0:37 BeforetheAtomicSafetyandLicensing:Boardj0[,t{i[ -'

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In the Matter of )

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

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SUBPOENA To
Cheryl Melina
, c/o U.S. Department of Agriculture 4

14th Street & Independence Avenue, S.W.

Washington, D.C. 20250 You are hereby directed to appear and give your deposition in this proceeding at the offices of Kirkpatrick, Lockhart,-

Hill, Christopher & Phillips, 1900 M Street, N.W., Suite 800, J Washington, D.C. 20036 on the 14th day of May, 1984, at 9:00 i

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o' clock a.m. and from day to day thereafter until the examina-a tion is completed, on the subject of the review by the Regional Assistance Committee on behalf of the Federal Emergency Manage-

] ment Agency, of the LILCO Transition Plan for the Shoreham Nu-i clear Power Station.

You are also hereby directed to produce for inspection and i copying all documents in your possession, custody or control l

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. s that were produced during, or in any way relate to the Regional Assistance Committee review of the LILCO Transition Plan for the Shoreham Nuclear Power Station, including, but not limited to, memoranda, correspondence, questions, comments, reports, evaluations, ratings, summaries, notes, drafts or revisions of reports, comments, evaluations or summaries or any portions thereof, transcripts, minutes, summaries or notes of meetings, discussions or conferences, including telephone conferences, among RAC members or other documents relating to the RAC review of the LILCO Transition Plan (but not including the LILCO Tran-sition Plan itself or NUREG 0654). These documents shall be produced on or before the 4th day of May, 1984 at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Washington, D.C. 20036.

If you oppose this subpoena, you may move to quash or mod-ify it in accordance with 10 CFR S 2.720(f).

James A.-Laurenson Presiding Officer April __, 1984 1

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. N ncud t.D CoaRLSPONDI'!CE 00,tKEI,E0

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .g4 gR 23 N0:37 n: 5(CFt 7 Before the Atomic Safety and Licensing Boa rd /Ji.J a td'O' '-

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In the Matter of )

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

SUBPOENA To: Ronald Bernacki c/o HHS/ Food and Drug Administration 200 Independence Avenue, S.W.

Washington, D.C. 20201 You are hereby directed to appear and give your deposition in this proceeding at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Suite 800, Washington, D.C. 20036 on the 14th day of May, 1984, at 3:30 o' clock p.m. and from day to day thereafter until the examina-tion is completed, on the subject of the review by the Regional Assistance Committee on behalf of the Federal Emergency Manage-ment Agency, of the LILCO Transition Plan for the Shoreham Nu-clear Power Station.

You are also hereby directed to produce for inspection and copying all documents in your possession, custody or control

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that were produced during, or in any way relate to the Regional Assistance Committee review of the LILCO Transition Plan for the Shoreham Nuclear Power Station, including, but not limited to, memoranda, correspondence, questions, comments, reports, evaluations, ratings, summaries, notes, drafts or revisions of reports, comments, evaluations or summaries or any portions thereof, transcripts, minutes, summaries or notes of meetings, discussions or conferences, including telephone conferences, among RAC members or other documents relating to the RAC review of the LILCO Transition Plan (but not including the LILCO Tran-sition Plan itself or NUREG 0654). These documents shall be produced on or before the 4th day of May, 1984 at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Washington, D.C. 20036.

If you oppose this subpoena, you may move to quash or mod-ify it in accordance with 10 CFR S 2.720(f).

James A. Laurenson Presiding Officer April __, 1984

. s Hr u,! LD LortRLSPONudNCE 00tKETED U91RC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board g ,.3 3.g ,

m;p JWf,' SERV 1f I'.

3RMICH

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In the Matter of )

)

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

SUBPOENA To: Herbert Fish c/o Department of Energy 1000 Independence Avenue, S.W.

Washington, D.C. 20585 You are hereby directed to appear and give your deposition in this proceeding at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Suite 800, Washington, D.C. 20036 on the 14th day of Ma;r, 1984, at 12:30 o' clock p.m. and from day to day thereafter until the examina-tion is completed, on the subject of the review by the Regional Assistance Committee on behalf of the Federal Emergency Manage-ment Agency, of the LILCO Transition Plan for the Shoreham Nu-clear Power Station.

You are also hereby directed to produce for inspection and copying all documents in your possession, custody or control

that were produced during, or in any way relate to the Regional Assistance Committee review of the LILCO Transition Plan for the Shoreham Nuclear Power Station, including, but- not limited to, memoranda, correspondence, questions, comments, reports,

, evaluations, ratings, summaries, notes, drafts or revisions of reports, comments, evaluations or summaries or any portions thereof, transcripts, hinates, summaries or notes of meetings, discussions or conferences, including telephone conferences, ,

among RAC members or other documents relating to the RAC review of the LILCO Transit' ion Plan (but not including the LILCO Tran-sition Plan itself o1 ~NUREG 0654). These d cuments shall be produced on or before the 4th day of May, 1984 at the offices of Kirkpatrick, Lockhart, Hl.ll, Christopher & Phillips, 1900 M Street, N.W., Washington, D.C. 20036.

If you oppose this subpoena, you may move to q'tash or mod-ify it in accordance with 10 CPR S 2.720(f),. '

James A. Laurenson Presiding Officer April __, 1984 I

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REl.ATED CORRg3MNCE q};F G p

l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 14 APR 23 N0:38 "r "F SEL?tiA: -

Before the Atomic Safety and Licensing ' Board 43 A SEiGlil

< AllCH

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In the Matter of )

)

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

SUBPOENA To: Linda Olmer c/o Environmental Protection Agency 401 M Street, S.W.

Washington, D.C. 20460 You are hereby directed to appear and give your deposition in this proceeding at the offices of Kirkpatrick, Lockhart, Hill, Christophe6 & Phillips, 1900 M Street, N.W., Suite 800, Washington, D.C. 20036 on the 15th day of May, 1984, at 9:00 o' clock a.m. and from day to day thereafter until the examina-tion is completed, on the subject of the review by the Regional Assistance Committee on behalf oT the Federal Emergency Manage-ment Agency, of the LILCO Transition Plan for the Shoreham Nu-clear Power Station.

You are also hereby directed to produce for inspection and copying all documents in your possession, custody or control i

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that were produced during, or in any way relate'to tt.'e Regional Assistance Committee review of the LILCO Transition Plan for, l

I the Shoreham Nuclear Power Station, including, but,nct limited to, memoranda, correspondence, questions, comments, reports, evaluations, ratings, summaries, notes, drafts or revisions of ,

reports, comments, evaluations or summaries or any, portions thereof, transcripts, minutes, summaries or notes of meetings, discussions or conferences, including telephone conferences \,  !

among RAC members or other documentr relating to the RAC review i

of the LILCO Transition Plan (but not including the LILCO Tran ,

sition Plan itself or NUREG 0654). These documents shall be produced on or before the 4th day of May, 1984 at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Washington, D.C. 20036.

If you oppose this subpoena you may move to quash cr mod-ify it in accordance with 10 CFR S 2.720(f). e

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James A. LaurenEon i Presiding Officer April __, 1984 >

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RELATED CORRESPONDENCE 00f.KETED );

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'84 APR 23 A10:38 Before the Atomic Safety and Licensing Board

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  • CE GF SET.Rtim -

.hlHNG & SEFyla 3 RANCH In the Matter of )

)

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

SUBPOENA To: Joyce Feldman c/o Environmental Protection Agency 401 M Street, S.W.

Washington, D.C. 20460 You are hereby directed to appear and give your deposition in this proceeding at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Suite 800, Washington, D.C. 20036 on the 15th day of May, 1984, at 12:30 o' clock p.m. and from day to day thereafter until the examina-tion is completed, on the subject of the review by the Regional Assistance Committee on behalf of the Federal Enutsency Manage-ment Agency, of the LILCO Transition Plan for the Shoreham Nu-clear Power Station.

You are also hereby directed to produce for inspection and copying all documents in your possession, custody or control

that were produced during, or in any way relate to the Regional Assistance Committee review of the LILCO Transition Plan for the Shoreham Nuclear Power Station, including, but not limited to, memoranda, correspondence, questions, comments, reports, evaluations, ratings, sunmaries, notes, drafts or revisions of reports, comments, evaluations or summaries or any portions thereof, transcripts, minutes, summaries or notes of meetings, discussions or conferences, including telephone conferences, among RAC members or other documents relating to the RAC review of the LILCO Transition Plan (but not including the LILCO Tran-sition Plan itself or NUREG 0654). These documents shall be produced on or before the 4th day of May, 198' at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Pnillips, 1900 M Street, N.W., Washington, D.C. 20036.

If you oppose this subpoena, you may move to quash or mod-ify it in accordance with 10 CFR S 2.720(f).

James A. Laurenson Presiding Officer April __, 1984 I

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HELAT EU CoagESPONDENCE DOR ETED UNITED STATES OF AMERICA L"iM C NUCLEAR REGULATORY COMMISSION

'84 APR 23 A10:38 Before the Atomic Safety and Licensing Board E CI DF SELntlAr

' MEilNG & SEFylef' SRANCH

)

In the Matter of )

)

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

) (Emergency Planning)

(Shoreham. Nuclear Power Station, )

Unit 1) )

)

SUBPOENA To: Paul Lutz c/o Department of Transportation 400 Seventh St., S.W.

Washington, D.C. 20590 You are hereby directed to appear and give your deposition in this proceeding at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Suite 800,  ;

Washington, D.C. 20036 on the 15th day of May, 1984, at 3:30 ,

)

o' clock p.m. and from day to day thereafter until the examina- l tion is completed, on the subject of the review by the Regional Assistance Committee on behalf of the Federal Emergency Manage-ment Agency, of the LILCO Transition Plan for the Shoreham Nu-clear Power Station.

You are also hereby directed to produce for inspection and copying all documents in your possession,' custody or control

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  • k that were produced during, or in any way relate to the Regional Assistance Committee review of the LILCO Transition Plan for the Shoreham Nuclear Power Station, including, but not limited to, memoranda, correspondence, questions, comments, reports, evaluations, ratings, summaries, notes, drafts or revisions of reports, comments, evaluations or summaries or any portions thereof, transcripts, minutes, summaries or notes of meetings, discussions or conferences, including telephone conferences, among RAC members or other documents relating to the RAC review of the LILCO Transition Plan (but not including the LILCO Tran-sition Plan itself or NUREG 0654). These documents shall be produced on or before the 4th day of May, 1984 at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips, 1900 M Street, N.W., Washington, D.C. 20036.

If you oppose this subpoena, you may move to quash or mod-ify it in accordance with 10 CFR S 2.720(f).

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a i James A. Laurenson Presiding Officer l April __, 1984 1

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_ _ _ _. . _ . _ __ _ --_ -. _ __ _ .~ _ . _ _ _ . . _ . . _ _ , , . _ . _ . . _

Federal Emergency Management Agency 8' , Region!! 26 Federal Pla.za New York, New York 10278 April 17,1984 B_Y,,TELEC0FIER Karla J. IAtache, Esquire ,

Kirkpatrick, Inckhart, Hill, Christopher & Phillips 1900 M Street N.W. -

W hington, D.C. 20036 De.ar Karia: _

'Ihe FHR panel of witnesses will be available for deposition on t'4y 8th avi t'ay 9th as a previously agreed, 'Ihe panel consists of nomsa E. Saldwin of Argonne National laboratory; Joseph H. Keller of %tinghause Idaho h\tclear Corporation; Roger B, Kowieski, RAC Chairman and Philip H. McIntire, Chief, Natural and Tednological Har.ards Division of Region II of the Federal Ebergency Hzna6ement Agency.. It is the position of this office that these witmesses will be made available for deposition as a panel.

At your earliest convenience, we should arrange a conference call witti all parties to discuss the scope and schedcle of the deposition so that all parties can be accomodated in the tw days available.

Robert L. Acerno and Marianne Jackson of the FOR Region 11 office provided staff aesistance to the RAC and RAC Chairman, Ms. Jackson's roIs was licited to a review of mtblic information materials. Margerat Iawless of FD!A's headquartera staff review a portion of the RAC review after its submittel to Fam Heatuarters. Based on her coments seven editorial changes were made, none of etch affected the final rating af crf element.

The following RAC members participated in the review of the LIILO Transition Plan:

Cheryl Melina Deparutent of Agriculture Herbert Fish Department of Energy Ronald Bernacki iES/ Food Drug Adninistration Envirotnental Protection Agency )

Id.nda Olmer Joyce FeLtan Envirornental Protection Agency Craig Gordcm Nuclear Regulatory Conc;iesion Robert Bores Nuclear Regulatory Cottmission i Paul Lutz Department of Transportation l

Prior to the submissian to FDIA of Revision 3 of the LIILO Transition Plan Mr. Bores replaced Mr. Gordon on t
he RAC and Ms. Felchan replaced Ms. Ol'::er.

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. s Pursuant to your request to depose other CIA persor:nel or ne::bers of the FAC. I respectfully refer your attention to the Board's order of Septe:::Scr 27,1983 . As miA has an interest in erf atte@t to depose these individuals it is respectfully requested that this office be provided inforistion as to any such' equest aid be given an 0;7crtunity to further state our position on this issue.

Very tr'oly' yours, s  %.s W .

Stewarti H. Class Regional Counsel 0

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