ML20207Q369
| ML20207Q369 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 01/20/1987 |
| From: | Gelman M HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20207Q370 | List: |
| References | |
| CON-#187-2275 OL-5, NUDOCS 8701270226 | |
| Download: ML20207Q369 (18) | |
Text
- .. - - _. .._. - . - - . . - . . --
h i
4_
00LKETED .
UNITED STATES OF AMERICA NC NUCLEAR REGULATORY COMMISSION
'87 JAN 23 Pl2:40 Before the Atomic Safety and Licensing Board CFFtCf. s -
In the Matter of ) 00CKOf.Ha v' uJ w
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-5
) (EP Exercise)
(Shoreham Nuclear Power )
Station, Unit 1) )
LILCO'S MOTION REQUESTING ISSUANCE OF SUBPOENAS Pursuant to this Board's Memorandum and Order (Ruling on LILCO's Motion to Compel New York State to Answer LILCO's First Set of Interrogatories and for a Pro-tective Order) dated December 19,1986, Long Island Lighting Company (LILCO) re-quests the presiding officer of this Licensing Board to issue subpoenas under 10 C.F.R.
Section 2.720 to command the appearance at deposition of General James Papile, Mr.
Lawrence Czeck, and Mr. James Baranski. LILCO asks for this relief because previous i
attempts to obtain this information through normal discovery channels have failed.
That history is set out below.
On November 3,1986 LILCO filed its First Set of Interrogatories and Requests l
for Production of Documents to New York. Those interrogatories sought the identifica-I tion of New York personnel who participated in FEMA graded exercises for nuclear power plants in New York, the details of their participation, and information about the
{ identified exercises.
! In its November 19,1986 response, New York State objected to each interrogato-ry and refused to answer or to produce the requested documents. On November 24,1986 LILCO filed a Motion to Compel, discussing the relevance of its interrogatories to ad-i mitted contentions.1/
i
, 1/ The other pleadings filed before the Board ruled are:
l l
8701270226 870120
{DR ADOCK 05000322 PDR 1)so3
e I
On December 19,1986 this Board granted LILCO's Motion to Compel, limiting the definition of "New York State" or "New York State personnel" to "New York State, or any agency thereof and any elected official, appointed official, legislator, agent,' (or]
employee." Order at 7. Although more than a month has passed since that decision, and notwithstanding repeated requests for a response, LILCO has yet to receive any re-sponse either by way of interrogatory answer, documents, or designated witness, from i
New York State.E Therefore, LILCO asks this Board to enforce the December 19 (Continued From Previous Page)
LILCO's Motion to File a Reply to New York State's Opposition to LILCO's Motion to Compel, dated December 9,1986; LILCO's Reply to New York State's Opposition to
. LILCO's Motion to Compel, dated December 9,1986; LILCO's Supplement to Its .
November 24,~ 1986 Motion to Compel Discovery of New York State, dated December
- 18,1986; State of New York's Response to LILCO's Motion to File a Reply, and to the Reply Itself, in the Matter of "LILCO's First Set of Interrogatories and Requests for i
Production of Documents to New York State," dated December 19,1986.
- 2/ At the January 6 conference of counsel, LILCO notified counsel for New York
! State that LILCO believed that an order from a Licensing Board to compel discovery j should be compiled with forthwith, and in no event in a period longer than the initial i period for discovery permitted under the rules (which would have required replied to in-terrogatories before January 6). Counsel for New York State, af ter stating that he dis-agreed with LILCO's interpretation, stated on the record that efforts were underway at that time to comply and that discovery would be timely made. At a deposition on L January 14, LILCO counsel again asked New York State counsel when discovery could
- be expected to be made. New York State counsel stated at that point that he coulu not i say but he would notify LILCO the next day, the 15th. On the 15th, New York State counsel notified LILCO that interrogatory answers would be provided by telecopier not later than Tuesday, January 20; that documents requested would be provided by over-I night mail that day; and that only one person would be named in the interrogatory an-l swers. Although LILCO counsel indicated that more than one person would oe neces-sary to respond to the interrogatory answers, New York counsel refused either to reconsider, or to identify the one chosen person over the telephone, or to discuss a date for a deposition, notwithstanding that he knew the person's identity. While LILCO has l
not yet received any interrogatory answers or documents from New York State, LILCO has no reason to believe that New York State counsel will not comply fully, if belatedly, with the Board's discovery order on the schedule he committed himself to. However, with respect to witnesses, LILCO believes, for the reasons stated in this motion, that the knowledge of all the persons for whom subpoenas are requested is necessary to en-l able LILCO to compare the Shoreham exercise adequately with those sponsored and
- participated in by New York State. Thus, LILCO has concluded that it is necessary to seek the requested subpoenas as soon as possible, in order to complete discovery by February 6.
t y -- ,,-7...e.,~r---.,w.,,,.,m,-,, ,,_,mw. r,,, , - r-.,.- ,, . ,e -.y _ w~,,___.,,__r,w. -...w-- _ . . - - -_ m-+
~
i 1
Order by issuing subpoenas to compel the appearance at deposition of General James Papile, Director of the Radiological Emergency Preparedness Group (REPG) and two l
members of his staff, Mr. Lawrence Czeck and Mr. James Baranski. LILCO believes that these gentlemen can provide the information and the documents requested by its interrogatories because of their employment and experience with the REPG, and that their collective knowledge is necessary to provide such answers.
I As described in some detail in the attached affidavit of Charles A. Daverlo, the Radiological Emergency Preparedness Group is responsible for New York State's partic-lpation in emergency planning for nuclear power plants. That responsibility includes de-veloping, scheduling and participating in FEMA graded emergency planning exercises i for all the power plants in New York State. Although there may be some overlap in .
their knowledge, each REPG member can provide information that the other two can
- not.' For example, while all three gentlemen participate in emergency planning exer-
! cises, because each has different responsibilities which are carried cut in different lo-l cations, each can provide different exercise-specific information. Further, because of their backgrounds and employment, General Papile is best suited to discuss training and administrative matters, Mr. Czeck is best suited to discuss the development of exercise objectives, while Mr. Baranski is most knowledgeable about technical issues. "Because of their varying backgrounds and expertise, each of these gentlemen can provide differ-l ent information and perspective on emergency planning exercises conducted in New York State. All are necessary to provide full and complete answers to LILCO's inter-
! rogatories." Affidavit of Charles A. Daverio in Support of LILCO's Motion for Issuance of Subpoenas, at 3.
For the reasons stated above, LILCO asks the Board to issue subpoenas for the appearance at deposition of Mr.Czeck and Mr. Baranski, at 9:00 a.m. on February l
,,--,,#. ,-, , - -y-,-.- --g--ci-., -,,y--. - - ,
-, 3,1987, at Hunton & Williams' New York Office, and of General Papile at 1:30 p.m. on the same day and at the same location, to discuss New York State's participation in FEMA graded emergency planning exercises for nuclear power plants located in the State of New York.
Respectfully submitted, W
V~
Donald P. Irwin Kathy E. B. McCleskey Marcia R. Gelman Karen L. Donegan Counsel for Long Island Lighting Company .
Hunton & Williams 707 E. Main Street Post Office Box 1535 Richmond, Virginia 23212 Date: January 20,1987 l
i I
l l
LILCO, January 20,1987 oct satr-USNPr j i
CERTIFICATE OF SERVICE '87 JAN 23 P12:40 In the Matter of 6f f M < - %
- LONG ISLAND LIGHTING COMPANY DO W g g, M (Shoreham Nuclear Power Station Unit 1)
Docket No. 50-322-OL-5 I hereby certify that copies of LILCO's Motion for Issuance of Subpoenas, Affida-vit of Charles A. Daverio, and Subpoenas were served this date upon Richard J.
Zahnleutcr, Esq, and Fabian G. Palomino, Esq., Special Counsel to the Governor, Execu-tive Chamber, Room 229, State Capitol, Albany, New York 12224 by telecopy and on Counsel for Suffolk County, Kirkpatrick & Lockhart, South Lobby - 9th Floor,1800 M
!. Street,N.W., Washington, D.C. 20036-5891; I further certify that all other parties on the Service List will be served on January 21,1987 by hand as indicated by one asterisk or by Federal Express as indicated by two asterisks, or by first-class mail, postage pre-paid.
John H. Frye, III, Chairman
- Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Panel
- . Board U.S. Nuclear Regulatory Commission i U.S. Nuclear Regulatory Commission Washington, D.C. 20S55 East-West Towers ;
4350 East-West Hwy. .
Bethesda, MD 20814 Atomic Safety and Licensing Board Panel Dr. Oscar H. Paris
- U.S. Nuclear Regulatory Commission
- Atomic Safety and Licensing Washington, D.C. 20555 Board U.S. Nuclear Regulatory Commission Bernard M. Bordenick, Esq.
- East-West Towers Oreste Russ Pirfo, Esq.
4350 East-West Hwy. Edwin J. Reis, Esq.
Bethesda, MD 20814 U.S. Nuclear Regulatory Commission
- 7735 Old Georgetown Road Mr. Frederick J. Shon * (to mallroom) ,
, Atomic Safety and Licensing Bethesda, MD 20814 Board
! U.S. Nuclear Regulatory Commission Herbert H. Brown, Esq.
- East-West Towers, Rm. 430 Lawrence Coe Lanpher, Esq.
4350 East-West Hwy. Karla J. Letsche, Esq.
Bethesda, MD 20814 Kirkpatrick & Lockhart South Lobby - 9th Floor Secretary of the Commission 1800 M Street, N.W.
Attention Docketing and Service Washington, D.C. 20036-5891 Section U.S. Nuclear Regulatory Commission Fabian G. Palomino, Esq.
- 1717 H Street, N.W. Richard J. Zahnleuter, Esq.
Washington, D.C. 20555 Special Counsel to the Governor i Executive Chamber 4
.- Room 229 Jonathan D. Feinberg, Esq.
State Capitol New York State Department of Albany, New York 12224 Public Service, Staff Counsel Three Rockefeller Plaza Mary Gundrum, Esq. Albany, New York 12223 Assistant Attorney General 120 Broadway Ms. Nora Bredes Third Floor, Room 3-116 Executive Coordinator New York, New York 10271 Shoreham Opponents' Coalition 195 East Main Street Smithtown, New York 11787 Spence W. Perry, Esq. ** Gerald C. Crotty, Esq.
William R. Cumming, Esq. Counsel to the Governor Federal Emergency Management Executive Chamber Agency State Capitol 500 C Street, S.W., Room 840 Albany, New York 12224 Washington, D.C. 20472 Martin Bradley Ashare, Esq.
Mr. Jay Dunkleberger Eugene R. Kelly, Esq.
New York State Energy Office
- Suffolk County Attorney .
Agency Building 2 H. Lee Dennison Building Empire State Plaza Veterans Memorial Highway Albany, New York 12223 Hauppauge, New York 11787 Stephen B. Latham, Esq. ** Dr. Monroe Schneider Twomey, Latham & Shea North Shore Committee 33 West Second Street P.O. Box 231 P.O. Box 298 Wading River, NY 11792 Riverhead, New York 11901 l Mr. Philip McIntire i Federal Emergency Management i Agency 26 Federal Plaza New York, New York 10278 h/{$l
- n
' 6tarcia R. Gelman /
Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: January 20,1987
00CMETED USNiiC 87 31 23 P12i41 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g,
'i, Before the Atomic Safety and Licensing Board
. In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-5
) (EP Exercise)
(Shoreham Nuclear Power )
4 Station, Unit 1) )
SUBPOENA THE NUCLEAR REGULATORY COMMISSION TO:
. Lawrence Czeck i Radiological Emergency Preparedness Group ,
Bldg. 22, Public Security Building State Campus Albany, New York 12237-5000 YOU ARE HEREBY COMMANDED, pursuant to the Atomic Energy Act of 1943, 1
i as amended, and Section 2.720 of the Rules of Practice of the Nuclear Regulatory Com-j mission, to appear and give your testimony in this proceeding at 9:00 a.m. Eastern Day-light Time on Tuesday, February 3,1987 at the offices of Hunton & Williams,100 Park Avenue,10th Floor, New York, New York as requested by the Long Island Lighting Company (LILCO), to testify on the information requested by LILCO's First Set of In-terrogatories and Requests for Production of Documents to New York State, dated November 3,1986.
I You are also hereby directed to bring with you such documents as may be re-l quired to respond fully to the interrogatories.
l Under Section 2.720(f) of the Rules of the Commission you may by motion i
- promptly made and in any event at or before the time specified herein for compliance J
i and upon notice to Donald P. Irwin or Kathy E.B. McCleskey, counsel for LILCO, re-
! quest that this subpoena be quashed or modified if it is unreasonable. The relevance of the information sought has already been determined by the Licensing Board's December l
I
,. , - - . _ , -.-v.-,---- --.--,-,,,._,.-._...,w.-...--,m...m.,,.,- w ,, - ,. --.----e-._v--- -- , , , -y .:.--r-r _,,,m---,=
19,1986 Memorandum and Order. 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 John H. Frye, III, Esq.
Presiding Judge issued:
January 20,1987 Bethesda, Maryland l
l l
l l
a t
nA 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-5
) (EP Exercise)
(Shoreham Nuclear Power )
Station, Unit 1) )
RETURN ON SERVICE Received this subpoena at on and on at I served it on the within named Lawrence Czeck by delivering a copy to him and tendering to him the fee for one day's attendance and the mileage allowed by law.
Dated By Service Fees Travel $
Services 3 Total $
Subscribed and sworn to before me this day of
,1987.
Notary Public i
I
(
l t
W
January 20,1987 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
)
)
In the Matter of )
) Docket No. 50-322-OL-5 LONG ISLAND LIGHTING COMPANY ) (EP Exercise)
)
(Shoreham Nuclear Power )
Station, Unit 1) )
) .
AFFIDAVIT I, Karen L. Donegan, an attorney licensed to practice in the Commonwealth of Virginia, and over 18 years of age, do hereby swear and depose that on the 23rd day of December,1986, the attached subpoenas were served on the following witnesses via registered mail:
Lawrence Czeck James Baranski
! James Papile l
l Sworn and subscribed to this day of January,1987.
I COMMONWEALTH OF VIRGINIA Karen L. Donegan l
Notary Public 7
i My commission expires: //
4
DOCKETED UStlRC UNITED STATES OF AMERICA 87 Jr 23 P12:41 ,
NUCLEAR REGULATORY COMMISSION
[rkI. ~I i Before the Atomic Safety and Licensing Board In the Matter of ).
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL ) (EP Exercise)
(Shoreham Nuclear Power )
Station, Unit 1) )
SUBPOENA THE NUCLEAR REGULATORY COMMISSION TO:
James Papile General Director,
- Radiological Emergency Preparedness Group Bldg. 22, Public Security Building State Campus
' Albany, New York 12237-5000 YOU ARE HEREBY COMMANDED, pursuant to the Atomic Energy Act of 1943, as amended, and Section 2.720 of the Rules of Practice of the Nuclear Regulatory Com-mission, to appear and give your testimony in this proceeding at 1:30 p.n. Eastern Day-light Time on Tuesday, February 3,1987 at the offices of Hunton & Williams,100 Park Avenue,10th Floor, New York, New York as requested by the Long Island Lighting Company (LILCO), to testify on the information requested by LILCO's First Set of In-terrogatories and Requests for Production of Documents to New York State, dated November 3,1986.
You are also hereby directed to bring with you such documents as may be re-quired to respond fully to the interrogatories.
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 Donald P. Irwin or Kathy E.B. McCleskey, counsel for LILCO, re-quest that this subpoena be quashed or modified if it is unreasonable. The relevance of I
.w w . --,..,c, ,,, - - - . - - - - - , , , . , ,-g.r -r-, , , - - ~ , -,-, ,-----,..,,----,-n,--.,-.--n,- --w- - - , ,-------,,,,m.
e,.,,.., e
the information sought has already been determined by the Licensing Board's December 19,1986 Memorandum and Order. 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 John H. Frye, III, Esq.
Presiding Judge ,
Issued:
January 20,1987 -
Bethesda, Maryland l
1 l
l
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-5
) (EP Exercise)
(Shoreham Nuclear Power )
Station, Unit 1) )
RETURN ON SERVICE Received this subpoena at on and on at I served it on the within named James Papile by delivering a copy to him and tendering to him the fee for one day's attendance and the mileage allowed by law.
Dated By Service Fees Travels _
Services $
Total S Subscribed and sworn to before me this day of ,1987.
Notary Public
January ,1987 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and. Licensing Board
)
)
In the Matter of )
) Docket No. 50-322-OL-5 LONG ISLAND LIGHTING COMPANY ) (EP Exercise)
)
(Shoreham Nuclear Power )
Station, Unit 1) )
) .
AFFIDAVIT I, Karen L. Donegan, an attorney licensed to practice in the Commonwealth of Virginia, and over 18 years of age, do hereby swear and depose that on the 23rd day of December,1986, the attached subpoenas were served on the following witnesses via l
registered mail:
Lawrence Czeck James Baranski James Papile Sworn and subscribed to this day of January,1987.
COMMONWEALTH OF VIRGINIA Karen L. Donegan l
l Notary Public l
My commission expires: //
l l !
I.
DOLMETED l USNPC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
[0b $m : +: * ^ " ' '
Before the Atomic Safety and Licensinst Board In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-5
) (EP Exercise)
(Shoreham Nuclear Power )
Station, Unit 1) )
SUBPOENA THE NUCLEAR REGULATORY COMMISSION TO:
James Baranski Principal Nuclear Specialist ,
Radiological Emergency Preparedness Group Bldg. 22, Public Security Building State Campus Albany, New York 12237-5000 YOU ARE HEREBY COMMANDED, pursuant to the Atomic Energy Act of 1943, as amended, and Section 2.720 of the Rules of Practice of the Nuclear Regulatory Com-mission, to appear and give your testimony in this proceeding at 9:00 a.m. Eastern Day-light Time on Tuesday, February 3,1987 at the offices of Hunton & Williams,100 Park Avenue,10th Floor, New York, New York as requested by the Long Island Lighting Company (LILCO), to testify on the information requested by LILCO's First Set of In-terrogatories and Requests for Production of Documents to New York State, dated f November 3,1986.
You are also hereby directed to bring with you such documents as may be re-quired to respond fully to the interrogatories.
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 Donald P. Irwin or Kathy E. B. McCleskey, counsel for LILCO, re-quest that this subpoena be quashed or modified if it is unreasonable. The relevance of i
l l .,
l the information sought has already been determined by the Licensing Board's December 19,1986 Memorandum and Order. 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 John H. Frye, III, Esq.
Presiding Judge '
, Issued:
January 20,1987 Bethesda, Maryland i
+
l I
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-5
) (EP Exercise)
(Shoreham Nuclear Power )
Station, Urdt 1) )
RETURN ON SERWCE Received this subpoena at on and on at I served it on the within named James Baranski by delivering a copy to him and tendering to him the fee for one day's attendance and the mileage allowed by law.
Dated By Service Fees Travel $
Services $
t Total $
Subscribed and sworn to before me this day of ,1987.
Notary Public 3
January ,1987 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
)-
i
)
In the Matter of )
) Docket No. 50-322-OL-5 LONG ISLAND LIGHTING COMPANY ) (EP Exercise)
)
(Shoreham Nuclear Power )
Station, Unit 1) )
I ,
> AFFIDAVIT I, Karen L. Donegan, an attorney licensed to practice in the Commonwealth of Virginia, and over 18 years of age, do hereby swear and depose that on the 23rd day of i December,1986, the attached subpoenas were served on the following witnesses via registered mail:
i l
l Lawrence Czeck James Baranski James Papile i
Sworn and subscribed to this day of January,1987.
COMMONWEALTH OF VIRGINIA Karen L. Donegan l
Notary Public My commission expires: //
I
_ . _ . _ _ _ _ _ , . - _ _ . _ _ _ _ _ _ _ _ _ _ -_-_ ___.