ML20244D455
| ML20244D455 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 09/03/1985 |
| From: | Rolfe R HUNTON & WILLIAMS |
| To: | Caruso R NRC |
| Shared Package | |
| ML20244D281 | List: |
| References | |
| FOIA-89-192 NUDOCS 8509110277 | |
| Download: ML20244D455 (66) | |
Text
__ .. - -
Enclosure i
<[
.m l' Huxrox & W12.LIAxs 707 East Maiw stacci P.o. Box t535
- Rscas Nown. VsBOINIA 23212 .. . .. .. .wa wc wsw v o.m we w .o.= eoits ao'co .c==.v6.v.m.
. o. .. .vs mut.
m.2 m=.ovo=. c, c ,o 00..
TELEp owt e04 7ee.8200 vt 6s.ao=t maa v.e .., .,.o
- o. .,oc t EL2.aows so, .s.4 0c vm.7,o. 3e.ooes . . . , . . . . . ~ . . . .o. ,o.
. ,. 2,........ ...,vo... .......c..os.-. ,,.o,
. . ... ... mi...........,,
... 6..... ......
' * *"T".'. *,I".~.*,*I' * ' September 3, 1985 %s=.<<.--..-.
. o .o. . . .
... c ... ...... . u . .-o...uc,c~.....,..,...
me - c . . . . . . .. . ..
u s.- . ,.........o.
...u...
......... nos ao 24566.3
.... c, . 6 . . ,...
8466' Mr. Ralph Caruso Shoreham Project Manager U.S. Nuclear' Regulatory Commission Staff 7920 Norfolk Avenue Bethesda, Maryland 20014 ,
Long Island Lighting Company v. C 2 - 2 2-Transamerica Delaval, Inc.
Dear Ralph:
Pursuant to your request, enclosed is a copy of the Complaint filed by LILCO against TDI on August 30, 1985. I understand that you wish to receive copies of pleadings in the case. Though'there is no formal service list for non-parties, I will continue to ftFrward you courtesy copies of pleadings filed by LILCO and pleadings served on LILCO by TDI.
If you'need additional information, please do not hesitate to centact me.
Sin ly y s, f
Robe M. Rolf e 177/643 f Enclosure l
. - , c-- ,
V . .
0509 0277 3
, cr euuwn 05000322
- CF .
Y I I Df
y w . . '. . . +
gg. :. . .
y-( **
- 3 W
UNITED STATES! DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
..____.-----.x
' ~
LONG ISLAND' LIGHTING COMPANY, :
a New York.public service' :
. corporation,'
- - CIVIL ACTION NO.-
Plain' tiff, :
L -against-L : COMPLAINT l
TRANSAMERICA DELAVAL, INC., :
l . Delaware corporation, :
, Defendant. :
x .
Lon,g Island Lighting Company (LILCO), by counsel, for its Complaint against Transamerica Delaval, Inc. (TDI), says as follows:-
(1) LILCO is a public service corporation incorpo-rated under1the-laws of the State of New York with its princi-pal place of business in the State of New York. LILCO pro-vides, and at all relevant times to this Complaint has provided, electric and gas service.to customers in Suffolk and Nassau Counties, New York, and portions of N6v York City.
(2) TDI is a corporation incorporated under the laws of the State of Delaware with its principal place of business in a State other than the State of New York.
(3) Jurisdiction is conferred on this Court by virtue
^
of Title 28, United States Code, Section 1332, because there is 1 ..
c: ,
p . -
- diversity of citizenship between LILCO and TDI, and the amount in_ controversy exceeds, exclusive of interest and costs, the sum of $10,000.00. ,_.
(4) LILCO constructed the Shoreham Nucleat' Power Sta-
-tion (Shoreham), located in Suffolk County, New York, for the purpose of generating electric power.
(5) At all times relevant hereto, TDI'has been en-gaged in the business of designing, manufacturing, warranting, selling and providing services in connection with
~
precision-engineered machinery end components, including but
- r not limited to turbines, compressors, diesel generators and en-gines.
(6) Diesel generators or some comparable onsite back-up source of AC power are required by applicable regulations of the Nuclear Regulatory Commission. Such generators must permit functioning of structures, systems and components important to safety and must provide sufficient capacity and capability to assure that specified acceptable nuclear fuel design limits and
~
design conditions of the reactor coolant pressure boundary are not exceeded as a result of anticipated operational occurrences and that the nuclear core is cooled and containment integrity and other vital functions are maintained in the event of postu-lated accidents.
(7) RegulatoryGuide1.9publishedbytheN'uhlear -
Regulatory Commission, which addresses the design of emergency
4
.o
-3
'i
~
diese1Lgenerators, required at all times relevant to.this Com-plaint that emergency diesel generators comply with the.Insti-tute of Electrical and Electronic Engineers Standard,(IEEE) 387 which, in turn,' lists the Standards of the Diesel Engine Manu-facturers' Association (DEMA) as.being acceptable for meeting NRC requirements.
(B) By letter dated December 5,.1973, LILCO invited TDI, then known as Delaval Turbine, Inc., to submit a proposal
.. for the design, manufacture and supply of three emergency die-sel generators (the Diesel Generators, also referred to as Die ,
sel Generators 101, 102 and 103) for Shoreham, as well as for related services such as supervision of tne erection, installa-tion, startup and testing of the Diesel Generators, all in ac-cordance with procurement specifications (the Specifications) included with the invitation to bid.
(9) on May 20, 1974, following TDI's submission of a
_ proposal and subsequent letters and telexes supplementing the proposal (collectively designated "the Proposal"), LILCO issued Purchase order No. 310552 (the Purchase Order), for the Diesel Generators and the related services described in the invitation to bid, the Specifications and the Proposti, ther6by creating a written contract between the parties which was subsequently amended at various times (the Contract, as amended).
A 47 (10) The Contract, as amended, required, inter alia, that TDI design, manufacture and supply Diesel Generators l
l l
L- - - - _ _ _ _ _ _ _ __ ___ _
a
., _4_
1 3
sufficient to meet applicable regulations of the Nuclear Regu-latory Commission and provide certain services in connection 1
- with such Diesel Generators.
i (11) The Contract, as amended, required, inter alia, !
that:
The diesel engines and auxiliaries ;
shall be designed, engineered, manufac-tured, and tested in accordance with the latest published applicable sec-tio:c nf the Standards of the Diesel EI.o.ae Manufacturers Association
. (Dscal, at least, but not limited to DEMA " Standard Practices for Lov and Medium Speed Stationary Diesel En- ~
gines." Other applicable standards and
- codes are so delineated in section en-titled " Codes."
and that:
The total time these diesel gener-ator sets vill be operating during their lifetime vill be relatively small. Extreme reliability is, there-fore, the main requirement.
Reliability shall be achieved by use of redundant components, or other means, and shall be fully defined by the Sell-er.
(12) The Contract, as amended, further required adher .
ence to the IEEE Standard 387 (1972), which by reference pro-vides for the torsional adequacy of systems.
(13) TDI represented that it had the experience, skill, judgment and expertise to design, manufacture and supply the Diesel Generators and related services suitable fas.use in providing onsite emergency backup AC power at shoreham l throughout the plent's operation.
l l l
l .
1 L-___--___ 1
l
-s-l (14) The Diesel Generators were fabricated and assem-bled by TDI and shipped to Shoreham.
(15) LILCO subsequently paid TDI more than ,,
$2,110,000.00 in a'ccordance with the terms of the Contract and expended considerable additional sums to house, install and custom-design equipment and systems for the Diesel Generators.
-(16) The Diesel Generators were installed at the Shoreham site under the supervision of TDI.
. (17) In the course of installation, inspection and testing, numerous defects were discovered in the Diesel Genera-
- .. r
~
tors, including, without limitation:
(a) leaking cylinder heads; (b) defective jacket water pumps; (c) leaking fuel oil injection lines; (d) repeated turbocharger thrust hearing fail-ures; (e) inadequate piston skirt to piston crown at-tachment; (f) broken rocker arm shaft bolts; (g) cracked subcover assemblies; (h) defective cylinder head studs; (i) defectively designed airstart valve capscrevs; (j) defective intermediate push rods; and (k) failure of turbocharger supports. _,,
To the extent possible, LILCO repaired or replaced these defective conditions or components at substantial expense.
~ j (18) On or about August 12, 1983, during the testing i required as a result of cylinder head replacements, the crank-
)
shaft in the engine of Diesel Generator 102' fractured.
(19) Followingthefailureofthecrankshaf[inDiesel Generator 102, cracks were discovered in the crankshafts of Dietal Generator 101 and Diesel Generator 103. LILCO replaced
. each of the three defective crankshafts at substantial expense.
(20) Following the crankshaft failure, LILCO undertook a comprehensive program entitled the Design Reviev Quality
. Revalidation Program (DRQR). The purposes of this comprehen-r l
~
sive program vere t'o disassemble the Diesel Generators, to in- -
spect, anal'yze, repair and redesign them where necessary, then to reassemble and retest the reassembled, redesigned and revalidated Diesel Generators. This comprehensive DRQR program vas accomplished at great expense to LILCO.
(21) In the course of disassembly, inspection, reassembly and testing of the Diesel Generators following the I
crankshaft failure, numerous additional defects were discovered
. in the Diesel Generators, including without limitation:
(a) cracked connecting rod bearings; l
(b) defective cylinder head bolts; (c) cracks in modified piston skir' ~ 1s area; (d) defective intermediate push rods; ,
1 (e) additional defects in the jacket veter pump; j i
(f) defective main push rods; j l
I l
- _ _ - _ _ _ - _ _ i
[
.:t
_7_ .
-(g) defective governor drive coupling;-
(h) cracks in the cylinder blocks; (i) repeated turbocharger thrust beating fail-ures; (j) damaged engine base; (k) cracked wrist pin bushings; (1) cylinder liner scuffing; (m) severely worn piston rings; and (n) improperly specified engine oil.
~
(22) As a result of the DRQR the redesigned, repaired,
-' ~"
analyzed, reassembled and retested Diesel Generators have been#
found by the Atomic Safety and Licensing Board of the NRC to be suitable for nuclear service at the qualified load of 3300 kv.
As originally supplied, the Diesel Generators were not suitable for nuclear service at any load.
(23) LILCO first. discovered that the crankshaft in Diesel Generator 102 was defective on August 12, 1983, though the cause of the defect was not then known, and first discov-ered'the other defects described in paragraphs 19 through 21 -
after August 12, 1983 and could not have reasonably discovered any of the defects at an earlier time because of TDI's fraudu-lent misrepresentations, concealment and omissions and because of the nature of the subsequently discovered defects.
(24) LILCO notified TDI in a timely fashion AAat the ,
Diesel Generators were defective in each of the respects 1
L__.___--
1
-B-
- alleged in this Complaint and failed to conform to th.e. require-ments'of the Contract, as amended, and that LILCO intended to hold TDI responsible.for LILCO's damages as a result,of such defects.
(25) As a result'of the defects in the Diesel Genera-tors, LILCO has incurred and continues to incur damages, including, but not limited to, the following:
(a) the purchase price that LILCO paid TDI for
, the Diesel Generators which, as originally supplied,. were defective and nonconforming;
.. r (b) the costs incurred in investigating the cause of and remedy for the defects in the Diesel Generators; (c) the ecsts of repairing and testing the Die-sel Generators; (d) increased licensing costs, including legal expenses, occasioned by the defects in the Diesel Generators; (e) increased costs and expenses to construct and operate Shoreham caused by the delays -
i resulting from the defects in the Diesel Generators; (f) costs of purchasing, designing, constructing
_ s.
and testing alternative diesel generators I for use for full power operation (the Colt l
o
fp q .
_g.
~ Diesels), and associated buildings and j i
equipment'in the event that the TDI diesels n
could not be licensed for all or part of Shoreham's operating' life'and the costs of
- - purchasing,-installing, designing, testing, and licensing alternative emergency AC power-sources for use during' low power ~ operation i of.Shoreham, all of which costs were in -
curred to avoid delay in operation of-Shoreham and other potential damages to r
LILCO erising out of the defects in the Die-sel Generators; (g) costs of defending allegations concerning
~
the Diesel Generators made by the Staff of i
. the New York Public Service Commission and adjudicated before the New York Public Ser-vice Commission and penalties assessed against LILCO by the New York Public Service Commission as a direct result of the defects l in the Diesel Generators; and 4 (h) costs of future testing, inspections, nondestructive examinations and monitoring required to ensure the reliability and op-erability of the Diesel Generators as re-paired.
6 l
1 -
- e
. l s-I.
l l- JCOUNT ONE (26) LILCO repects.and realleges e&ch of the allege- .
tions set forth in. paragraphs 4-25 and incorporates Them as if l specifically set forth in this Count One.
(27) on information and belief, TDI learned prior to the delivery of the Diesel Generators to Shoreham that it had used erroneous data inputs in the design of the crankshafts.
These erroneous data inputs were used by TDI to justify the de-
. sign and manufacture of crankshafts with a main journal diame-
-- ter of 13 inches.and a crankpin diameter of 13 inches (13" x
- 11" crankshafts).
(28) On information and belief,' prior to the delivery of.the Diesel Generators, TDI discevered that the application of correct data inputs.in the design of comparable diesel gen-erators demonstrated'the inadequacy of the 13" x 11" crankshaft and required the' inclusion of crankshafts with a main shaft di-ameter of 13 inches and a crankpin diameter of greater than 11
. inches. .
(29) Before the Diesel Generators were delivered to LILCO, TDI changed its input for calculations to check the ade-quacy of the design of crankshafts at least once without l l
1 disclosing such change to LILCO.
(303 Prior to delivery of the Diesel Generet.grs, TDI I altered the crankshaft design to incorporate 13" x 12."
l l
I m
c
( .
crankshafts for comparable diesel generators sold for non-nuclear use end sold to other companies for use as emergen-cy diesel generators at nuclear power plants. __
(31) TDI. repeatedly assured LILCO through Stone &
Webster Engineering Corporation (Stone & Webster) that the Die- 4 sel Generators met all the requirements of the specifications and were suitable for their intended purpose.
(32) on or about March 13, 1975, TDI represented to a Stone & Webster engineer acting on behalf of LILCO that the Diesel Generator torsional stresses complied with tha DEMA and_ j IEEE 387 Standards. -
(33)' On or about August 20, 1975, and again on August 26, 1975, TDI represented to a Stone & Webster engineer acting on behalf of LILCO that the torsional stresses on the crank-shafts in the Diesel Generators complied with the American Bu-reau of Shipping (ABS) Standard. On or about February 2, 1976, ABS advised TDI that the 13" x 11" crankshaft was inaCequate to meet the requirements of the ABS, which information TDI failed O
to disclose to and concealed from LILCO. On or about February 3, 1976, TDI represented to ABS that the 13" x 11" was not used in any of its diesel generators. This communication was not disc 3osed to and was concealed from LILCO.
(34) on or about January 26, 1976, TDI, through its s.
authorized representative, officially reported that the Diesel Generators successfully passed all of their qualification
testing, including the test by which torsional stresses can be measured.
(35) on or about May 9, 1977, TDI, through.its autho-rized representative, certified that the Diesel Generators met the requirements of the Contract, as amended. This certifica-tion was reaffirmed by TDI's Project Engineer on March 4, 1981.
(36) TDI has persistently failed and refused to fur-nish LILCO with the complete results of torsiograph stress tests and torsional analyses performed by TDI for the 13" x 11" crankshaft which would have disclosed that the design calcula-tions undertaken with respect to the Diesel Generators as orginally supplied were erroneous and that the DEMA and IEEE standards were not met.
(37) on information and belief, TDI knew or should have known that the representations and certifications de-scribed in paragraphs 31 through 35 of this Complaint were false at the time they were made, in that the inclusion of 13" x 11" crankshafts in the Diesel Generators failed to meet the .
DEMA standard, the IEEE 387 Standard, and other standards and contractual requirements.
(38) In addition to the inadequate design of the
' crankshaft, LILCO discovered cracks in the cam gallery area of l the blocks of the Diesel Generators. _.s.
(39) Thereafter, LILCO, through its inspections, has discovered that the cam gallery area of the blocks had been l
g . , .
o - .,;
weld: repaired, and that'the cracks originally observed were:ac-tually weld shrinkage cracks resulting from weld metal deposits pulling away from the blocks. In addition to the veld shrink-age cracks, cracks were also found at the base of'the weld re-
.psirs. These cracks had prompted the original weld repair.by TDI. TDI, while aware of the cracks and the weld. repairs,.
failed to disclose either to'LILCO and concealed the' existence of both from LILCO.
. (40) Both the Contract, as amended, and the Nuclear Regulatory Commission's regulations required that any repairs =
a, :.. _
to the: Diesel Generators be documented and disclosed to LILCO.
-(41) The_ attempt to remedy manufacturing process cracks in the blocks by welding in the cam gallery area and ,
subsequent shrinkage cracking resulting from the attempted weld- q repair were facts.which should have been documented and dis- ]
closed to LILCO.
(42) TDI did not document or disclose to LILCO that !
i welding was performed in the cam gallery area of the blocks or J that veld shrinkage cracks existed and, upon information and belief, willfully and fraudulently concealed the fact that the blocks contained such cracks or welds.
(43) Additionally, in response to LILCO's several in-quiries about the cause of the cam gallery cracking, TDI re-
_3.
peatedly professed not to know of the cause and did not advise
. . i LILCO of the welds in'the cam gallery.
e 1
-.. i l
i
-(44) The block of Diesel Generator 103 also suffered severe cracking, at least partially as a result of excessive i
amounts of degenerate Widmanstatten graphite in the, block. j 1
(45) Upon information and belief, TDI knew or should have known that the block on Diesel Generator 103 contained or i
may have contained excessive amounts of degenerate Widmanstatten graphite since such Widmanstatten graphite was discovered in a number of other TDI engines and resulted from
. TDI's casting process.
(46) TDI negligently, willfully and fraudulently con _ -
cealed from LILCO the possible presence of excessive -
Widmanstatten graphite in the block of Diesel Generator 103.
(47) As a result of the cracks in the blocks, the block in Diesel Generator 103 had to be replaced and the blocks in Diesel Generators 101 and 102 must undergo additional, peri-odic nondestructive examinations and inspections throughout the life of the Diesel Generators.
(48) Upon information and belief, TDI had a policy and instructed its employees not to advise its customers in the nu-clear industry, such as LILCO, of failures or potential defects discovered in TDI engines used in non-nuclear applications, and in furtherance of this policy, TDI intentionally withheld from its nuclear customers publications and other notices of poten-A tial defects sent to TDI's non-nuclear customers.
e w ._________-__m_. _ _ . _ _ _ _. __ __ _ _ _ _ _ _ _ - . . _ . _ _ . . . _
(49) At all times relevant to this Complaint,.TDI had a duty to advise and warn LILCO about the defects in the Diesel Generators, as alleged in this Complaint. _,
(50) From'1974 through at least August, 1983, TDI re-peatedly and continuously failed to disclose and actively con-cealed material information concerning the defective design of the Diesel Generators. These misrepresentations and omissions were made by TDI' recklessly or with the intent to deceive or
- defraud LILCO.
(51) The failures and defective conditions and compo _ -
nents in the Diesel Generators were a direct and proximate re-sult of TDI's negligent, grossly negligent, villful,.vanton, knowing, and intentional failure to warn LILCO that the Diesel Generators were defective and unfit for their intended use.
(52) As a direct and proximate result of TDI's negli-gent, grossly negligent, willful, wanton, knowing, and inten-tional failure to warn, LILCO has incurred and continues to incur substantial damages including, withcut limitation, those described in paragraph 25 of this Complaint.
(53) As a result of the gross negligence and willful, wanton, knowing, and intentional misconduct of TDI, LILCO is entitled to an award of punitive damages in an amount to be de-termined at trial, together with the costs of this action,
_s.
including reasonable attorneys' fees.
g , 7 ., ..
l' COUNT TWO (54) LILCO repeats and realleges each of the allega- ,
tions_ set forth in paragraphs 4-25 and 27-50.and incorporates them.as if specifically set forth in this Count Two. 1 The failures and the defective conditions and
~
.(55) components in the Diesel Generators were a direct and proximate l
result of TDI's negligent _ failure properly to perform technical and engineering services in connection with the design, manu-
. facture, startup and testing of the Diesel Generators in that TDI failed to advise and warn about and assist LILCO to discov-6 . - .
er the defects which were or should have been known to TDI at -
the time.
~(56) As a direct and proximate result of TDI's negli-gent failure-properly to perform technical engineering services and testing, LILCO has incurred and continues to incur substan-tial damages' including, without limitation,'those described in paragraph 25 of this Complaint.
COUNT THREE ..
(57) LILCO repeats and realleges each of the allega-tions set forth in paragraphs 4-25 and 27-50 and incorporates them as if specifically set forth in this Count Three.
(58) Prior to delivery of the Diesel Generators and prior to the failure of the crankshafts, TDI knew, shop,1d have known, or carelessly and recklessly failed to discover that
_17-certain components of the Diesel Generators as originally l supplied: (i) did not conform to the requirements of the Con-tract, as amended; (ii) did not meet the DEMA Standard, the IEEE Standard and other applicable standards; and, (iii) were defectively designed, manufactured, inadequately tested and i unusable and unfit for their intended use.
(59) Prior to delivery of the Diesel Generators, TDI knew, should have known, or carelessly and recklessly failed to discover that the blocks did not conform to the requirements of
~
the Contract, as amended. As a result, LILCO was required to -
~
replace the Diesel Generator 103 block and was further required to expend substantial sums to investigate and analyze the ade-quacy of the Diesel Generator 101 and Diesel Generator 102 blocks given the presence of cracks. LILCO is further required ,
to perform additional, periodic nondestructive examinations and inspections of the Diesel Generators 101 and 102 blocks throughout the life of the Diesel Generators.
(60) TDI fraudulently, carelessly, recklessly, know-ingly and intentionally misrepresented to LILCO that the Diesel Generators as originally supplied: (i) conformed to the Con-tract, as amended; (ii) met the DEMA Standard, the IEEE Stan-l dard and other standards; (iii) were properly designed, manu-l factured and tested; and, (iv) were merchantable, fit and
. ~.
suitable for the particular purposes for which they were in ~ , ,
tended to be used. j 1
l
L-4
. l a:
l l
(61) From 1974 through at least August, 1983, TDI L fraudulently, carelessly, recklessly, knowingly and intention-allyffailed continuously and. repeatedly to disclose ,to LILCO facts. indicating and allowing LILCO to discover that certain components of the Diesel Generators: (i) did not conform to the-
- Contract, as amended; (ii) did not meet the DEMA Standard, the
~
IEEE' Standard and other standards; and, (iii) were unusable and unfit, as originally supplied, for their intended use.
. (62) In reasonable and justifiable reliance upon these
- material misrepresentations and omissions, LILCO was-induced to enter.into the Contract, as amended, accept delivery of, in-stall-and operate the Diesel Generators, to make payment to TDI, and to forestall testing, examination and analysis of the Diesel Generators until a time when the discovery of the de-facts greatly increased LILCO's costs in constructing and li-censing Shoreham.
(63) These same material misrepresentations, conceal-ments, and omissions further prevented LILCO from discovering .
- and correcting the defects and exercising its rights to seek an appropriate remedy at an earlier time.
(64) As a direct and proximate result of TDI's materi-al misrepresentations and omissions, LILCO has incurred and continues to incur substantial damages including, without limi-s.
tation, those described in paragraph 25 of this Complaint.
(65) TDI's conduct in making fraudulent representa-tions'and concealment was willful, wanton, knowing, and inten-tional and morally culpable and potentially endangered public health'and safety and, therefore, LILCO is entitled to an award
. of punitive damages in an amount to be determined at trial.
COUNT FOUR (66) LILCO repaats and realleges each of the allega-tions set forth in paragraphs 4-25, 27-50 and 58-65 and incor-porates them as if specifically set forth in this Count Four.
(67) TDI is a wholly-owned subsidiary of Transamerica" Corporation (Transamerica), and TDI and Transamerica are enter-prises engaged in, or the activities of which affect, inter-state commerce.
(68) Sometime after January 1, 1974, TDI intentionally devised or intended to devise a scheme or artifice to defraud LILCO, or to obtain money from LILCO by means of false or fraudulent pretenses, representations or promises. For the purpose of executing this scheme or artifice, TDI utilized the .
United States Postal Service to send and receive matter, and l transmitted or caused to be transmitted by wire comanonication in interstate commerce, writings, signs, signals, pictures or sounds.
L (69) Between at least January 1, 1974 and thas.present,-
TDI committed two or more acts of racketeering, including but 9
4.
ea.i____ _____m.__.._ ____.__________m_ _ . _ _ _ _ _ _ _ _ _ _ _ . . _
[
)
.~ .
l- 1
- not limited to the communications described in paragraphs 31-35 ;
of this Complaint, thereby constituting a " pattern of racke- !
teering activity," within the meaning of 18 U.S.C. E_1961(5).
(70) TDI. received income, either directly or indirect-ly, from a pattern of racketeering activity.in which TDI par-ticipated as a principal, and used and invested part of such
' income and the proceeds of such income in operating an enter-prise ~ engaged in, and whose activities affect, interstate com-
- merce in violation of 18 U.S.C. 5 1962(a).
(71) TDI conducted and participated in the conduct of_ ,
)
~
its own affairs through a pattern of racketeering activity in violation of 10 U.S.C. 5 1962(c).
(72) TDI conducted and participated in the conduct of the effairs of Transamerica through a pattern of racketeering activity in violation of 18 U.S.C. S 1962(c).
(73) As a direct and proximate result of TDI's viola-tions of 18 U.S.C. 5 1962, LILCO has incurred and continues to incur substantial damages including, without limitation, those O
described in paragraph 25 of this Complaint.
(74) Pursuant to 18 U.S.C. 55 1962 and 1964(c), LILCO is entitled to recover treble damages and the costs of this ac-tion, including reasonable attorneys' fees.
h__'________ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ . _ ____.____.__m
l
< FOUNT FIVE (75) LILCO repeats and realleges each of the allega-tions set forth in paragraphs 4-25, 27-50 and 58-63 and incor- _
porates them as if specifically set forth in this Count Five. -
m (76) TDI breached the Contract, as amended, by de-signing, fabricating, and supplying the Diesel Generators to LILCO which were defective and did not conform to the Contract, as amended.
(77) TDI has denied and continues to deny that the
~
Diesel Generators, as originally supplied, were defective or
'r
~
failed to conform to the requirements of the Contract, as -
amended, an'd TDI repudiated its obligation to remedy the nonconformities and repair or replace the Diesel Generators.
(78) All conditions precedent required to be performed by LILCO under the Contract, as amended, have occurred or been I
performed.
(79) As a result of TDI's breach of contract, LILCO I
has incurred and continues to incur substantial damages as a l
- result of the defects discovered in the Diesel Generators including, without limitation, those described in paragraph 25 of this Complaint.
O
_s
1 COUNT SIX (80) LILCO repeats and realleges each of the allega-tions set forth in paragraphs 4-25, 27-50, 58-63 and,J8 and in- l l corporates them as if specifically set forth in this Count Six.
(81) The Contract, as amended, incorporated she fol- l 1
l loving:
The Seller (TDI] varrants that the equipment and all parts thereof shall be free from defects in design, work-manship and material and shall be suit-able for their intended purpose.
TDI failed to design, manufacture and supply Die-(82) g -
~
sel Generators f ree f rom def ects in design, workmanship and ma-terial and suitable for their intended purpose and such failure breached TDI's express warranties in the contract, .; amended.
(83) As a result of TDI's breach of contract, LILCO has incurred and continues to incur substantial damages including, without limitation, those described in paragraph 25 of this Complaint.
.. COUNT SEVEN .
(84) LILCO repeats and realleges each of the allega-tions set forth in paragraphs 4-25, 27-50, 58-63 and 78 ard in-corporates them as if specifically set forth in this Count Seven.
(85) The Contract, as amended, incorporated A. promise to repair or replace in connection with the warranty described in paragraph 81, Count Six of this Complaint.
-m--__x.-_ _ _ _ , _ , _
J
'~. ;
e j l
(86) TDI has denied and continues to deny that the i Diesel Generators are defective and fail to conform to the re- j l
quirements.of the Contract, as amended, and TDI has, expressly 1 and impliedly denied and repudiated its obligation to remedy the nonconformities by repairing or replacing the Diesel Gener-ators.
(87) As a result of TDI's breach of its contractual duty to repair or replace, LILCO has incurred and continues to i
. incur substantial damages including, without limitation, those described in paragraph 25 of this Complaint.
COUNT EIGHT (88) LILCO repeats and realleges each of the allega-tions set forth in paragraphs 4-25, 27-50, 58-63 and 78 and in-corporates them as if specifically set forth in this Count Eight.
(85) The Contract, as amended, incorporated the fol-loving varranty:
After all required tests have been made, the Seller shall warrant that the equipment vill achieve the warranted performance stated in the specification when operating at the design conditions listed in the specification. The Pur-chaser, at his option, may conduct tests to be witnessed by the Seller to prove compliance with the guarantee. 1 In the event of failure to meet any quaranteed performance, the cost of the_*
test shall be borne by the Seller.
(90) The defects in the Diesel Generators as
3 !
e originally delivered to Shoreham prevented them from. achieving the required performance standards. LILCO had to expend sub-stantial sums to repair and retest-the Diesel Generators so that-they could be licensed by the NRC. Although currently li-censed through the first refueling outage, the Diesel Genera-tors.are not licensed for the period or power level required by
~
- the contract, as amended.
(91) The failures of the Diesel Generators constitute
- . breaches of TDI's performance warranty.
(92) As a direct result of TDI's breach of its perfor-
~'
mance warranty, LILCO has incurred and continues to incur sub-stantial damages tacluding, without limitation, those described in paragraph 25 of this Complaint.
COUNT NINE (93) LILCO repeats and realleges each of the allega-tions set forth in paragraphs 4-25, 27-50, 58-63 and 78 and in-corporates them as if specifically set forth in this Count
. Nine.
(94) The Contract, as amended, incorporated the fol-loving promise in connection with the performance warranty de-scribed in paragraph 89, Count Eight of this Complaint:
In the event the equipment fails to achieve the warranted performance in place, then, to the extent that the de .
ficiency or failure to achieve war-ranted performance is attributable to. -
equipment supplied by Seller, Seller shall make such adjustments or
_m___m_.________.__._.__.____._._______.. _ _ . _ _ _ - . _ _ _ _ . _ _ _ _
f; .
L L modifications to enable the equipment
- to achieve warranted performance. The cests of these adjustments and modifi-cLtions shall-be for Seller's account.
After such adjustments or modifica- -
L tions, should the equipment fail to achieve warranted performance, an equi-table adjustment shall be made, which may without limitation include an ad-justment in the purchase order price.
(95) Despite LILCO's demands, TDI has persistently and continually failed, refused and repudiated its obligation to make such adjustments or modifications that would have enabled
~
the Diesel Generators as originally delivered to achieve the
~
warranted performance. LILCO was required to expend substan-tial sums'in those instances where such adjustments or modifi-cations were done to enable the Diesel Generators to achieve .
the warranted performance.
(96) As a direct result of TDI's breach of its con- !
tractual duty to make such adjustments or modifications to en-able the Diesel Generators to achieve their warranted perfor-mance, LILCO has incurred and continues to incur substantial damages including, without limitation, those described in para -
graph 25 of this Complaint.
COURT TEN (97) LILCO repeats and realleges each of the allega-tions set forth in paragraphs 4-25, 27-50, and 58-63 and incor-
_A porates them as if specifically set forth in this Cou,nt Ten. ,
i
-_.a------au--a.---,,___,____,__,,_a__ ,_ _ _ _ _
.: (98) TDI sold the Diesel Generators to LILCO in'a de-fective condition unreasonably dangerous to the user, and not reasonably. fit, suitable and safe for their intended _.or rea-sonably foreseeable purposes.
(99) TDI is strictly liable for damages arising out of the Diesel Generators' defective condition and TDI's failure to warn LILCO of this condition.
(100) As a direct and proximate result of the Diesel
,- Generators' unreasonably dangerous and defective condition, as supplied, and TDI's failure to warn LILCO about the dangerous _ ~
~.
and defective condition, LILCO has incurred and continues to -
incur substantial damages including, without limitation, those described in paragraph 25 of this complaint.
COUNT ELEVEN (101) LILCO repeats and realleges each of the allega-tions' set forth in paragraphs 4-25, 27-50 and 58-63 and incor-porates them as if specifically set forth in this Count Eleven.
~
(102) The failure of the crankshaft in Diesel Generator-102 and the defective conditions and components in the Diesel Generators were a direct and proximate result of TDI's negli-gence or gross negligence al'd reckless disregard for public safety in the design, manufacture, and failure to inspect and test the Diesel Generators. A
.~. .
(103) As a direct and proximate result of TDI's negli-gence or gross negligence and recklessness, LILCO has incurred and continues to incur substantial damages including, without-y limitation, those described in paragraph 25 of this Complaint.
(104) As a result of TDI's gross negligence and reck-lessness in disregard of public safety, LILCO is entitled to an award cf punitive damages to be determined at trial.
WHEREFORE, LILCO dsks that this Court enter judgment
~
against TDI in an amount equal to the compensatory and punitive
~
- -- damages determined pursuant to the allegations of Counts One through Eleven of this Complaint plus interest, costs and at-torneys' fees where appropriate and that the Court award such other relief as it deems just and proper.
DEMAND FOR JURY TRIAL LILCO demands trial by jury in this action.
LONG - LIG NG COMPANY
/ > _ ___.
g y . .
Of Counsel Robert M. Rolfe Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 (804) 788-8466
~. .
l 1
<; a-
. y,'
"'oL ,
L.'Neal Ellis, Jr.
Hunton & Williams 35:& Tl Building..
339 Feyetteville' Street Post' Office Box 109 ~
Raleigh, North Carolina 27602 (919) 828-9371 David R.. Marshall
' Hunton & Williams 299 Park Avenue-
- New. York, New' York 10171
' (212) 960-8200-Counsel O,
7
'm, -.
l 1
J.
- 1
- 1. i
_ _ _ . _ _ _ _ _ __________mm_____ _ _ _ _ _ _ _
g -- - .
Enclosure 2-
'gi *,
o J.
HuxTow & WII.I.IAxs -
707 East Marw svaret - P.o. Scru 8535 aooo .e==.v6w.= .wr=ws. a. w
. o som e.,s Rs en w own. Vamonws A masse ... .. .ve gr er* .o.=, we = .o.. so 9e og=.=otoe.. O
,a6t.aomt .o...cco.o .
...00 Te or ewoeve 804 788 8200 ,t 6t.=ows
,s6tm .* e,.,0 .,.o....co 4 t....im .. a , owe.' TWX.7sO 956 O068 a , .usuo.m. . o .ons
. o .o. ... .. o.,. c. 06 . o o.,
, o.ro6.. ....... v a .-o . .. . . . . . . .
a.-o..,.........
,.a. ..... September 13, 1985 ....,~,..e~,...o.-.
.ri.c-... ...o.. . o
,m . o . . ..a
.. . u. c.o.........
- v. . .. . . c,. . . o,
.....o.
m ...o . o . .. .. oo
..a ao 24 56 6. 3 00 0 05
- o...e,o 6 o.
,..'S466
.VIALEXPRESS MAIL
~ Robert E. Smith, Esq.
Rosenman, Colin,,Freund,. Lewis
& Cohen 575 Madison-Avenue New York,-New' York 10022
~~
Ira'M. Millstein, Esq.
James W. Quinn, Esq.
Weil, Cotshal & Manges
.767 Fifth Avenue New York, New York 10153 .
Long Island Lighting Compan'y
- v. Transamerica Delaval, Inc.
Civil Action No. 85 CIV 6892 Gentlemen: -
With this letter, LILCO is serving LILCO's First Set of Interrogatories and Request for Production of Documents to Transamerica Delaval, Inc. As Jim Quinn and I discussed yester-
- . day, we are willing to work with you with respect to the timing of Transamerica Delaval's responses or any other matters concern-ing these discovery requests.
Additionally, I propose the following arrangement with respect to service of all papers in the case. We.will serve .
both Bob Smith and Ira M111 stein and Jim Quinn in the same manner.
Anything served by mail'will be served by Express Mail or some other overnight service. In turn, we would appreciate your serving us in each of our three offices involved in the case as indicated on'the Complaint. If by. hand service is to be effected, of course, i l
-we may be served at our New York office but, in that case, we ask j that you-also serve us by overnight mail in Richmond and Raleigh.
l C a m i _______ . . _ _ _ _ _ _ _ _ _ _ _ _ l
- p. . ...
tr.
(: ~. ;
-* - Huwrox & WILLIAus
~
,- Robert E. Smith, Esq.
l :- Ira M. Millstein, Esq.
James W. Quinn, Esq. ~
Page Two' September 13, 1985 l .--
We look forward to working with you in the case.
Since yy s, L- _
Robe . ol e 177/643 Enclosure be: Mr. Ralph Caruso* .
Laurence V. Senn, Jr., Esq.
Anthony F. Earley, Jr., Esq.
Mr. Joe Kelly .
e t
)
A
's r l
L -UNITED STATES DISTRICT ~ COURT' L N FOR THE' SOUTHERN DISTRICT OF NEW YORK
-...............x .
LONG. ISLAND' LIGHTING. COMPANY, :
a New York Public. Service
- Civil Action No.
L Corporation, : 85 CIV 6892 ~(GLG)
- Plaintiff,- :
- LILCO'S FIRST SET
-against- : OF INTERROGATORIES
- AND REQUEST.FOR PRO-TRANSAMERICA DELAVAL, INC., DUCTION 0F DOCUMENTS To a Delaware corporation, TRANSAMERICA DELAVAL, INC.
Defendant. :
.................x.
Long Island Lighti$1g Co,mpany (LILCO), by counsel, propounds to Transamerica DeLayal, Inc. (TDI), the following Interrogatories, answers to which must be served in.accordance with Rules 26 and 33 of the Federal Rules of Civil-Procedure, and the following Request for Production of Documents, a response to which must be served on LILCO in accordance-with Rules 26 and 34 of the Federal Rules of Civil Procedure.
DEFINIT 70NS (1) All references to Transamerica DeLaval, Inc. (TDI) in these Interrogatories and Request for' Production shall be construed to include any parent and all subsidiaries, affiliates and divisions of TDI and any representative, agent, employee, attorney, expert, investigator, consultant or other person acting on behalf of any of the foregoing.
a (2) " Document" means any written, recorded or graphic matter herover produced er repr:ducad, including but not limited to letters, c:rrespondance, semeranda, notes, work l
papers, tapes, charts, reports, books, ledgers, drawings, design drawings, sketches, photographs,-records, lists, telegrams, telexes, schedules, sound recordings, books of account, catalogues, brochures, written statements of witnesses or other persons having knowledge of the pertinent facts, or drafts, copies er reproductions of any of the foregoing, irrespective of form, in the possession, custody or control of TD1.
If you consider any document requested to be privileged from production, include in yo$r response a list of such documents, identifying each document by date, custodian, addressee, author, title and subject matter. In addition, 1
identify all recipients and all other persons to whom the document or its contents have been disclosed, and state the i'
grounds upon which each document is considered privileged.
(3) " identify" or " identification" when used in reference to an individual person means to state his full name, 1 his present home address, his present business address and his :
present or last known position and business affiliation. Whsn I used in reference to a present or former TDI employee, the 1
1 If
- i i
o l
terms "Identif y" cr '" Identification" mean to state, in addition to:the cbove:
(a) the.date the persen wcs first employed by.TOI; .
(b) the title of-'all jobs held at TDI from the date-of' initial employment to the presente,and the dates of each job;
-(c).a brief description of the duties and responsibilities of each job.
- (4) Whenever an Interrogatory asks for'the description or identification of a document, the answer shall state the following information with. respect to each document:
(a) the date of the' document, or if it has no date, thedateoraphroximatedatethedocument.was prepared; (b) the date the document was executed, if-different from the date it bears; (c) the identifying or descriptive code number, file number, title or label of such document; (d) the nature and contents of the document; (e) the name, address and position.of the signer of the document, and if it was not signed, the name, address and position of the author;
.--m___.__ ___m_.m___m__.._,_ . _ . _
pri (f) the.name,~ address and position of the addressee, if e.'y, and.the name, address and position of each' person ether than-the addressee 'co whom the document, or copies _of' it, were sent;
_(g) the present. location of the document and the name, present address and position of the-person having present custody of the document; and (h) whether or not any draft, copy or reproduction of the document contains any postscript, notation, change or addendum not appearing on the document i$self.
The foregoing information shall be given in sufficient detail to enable a party or person to whom a subpoena is directed-fully to identify the document sought to be produced and to enable counsel for LILCO to determine that the document
. produced is in fact the document described.
(5) Any reference to the "Shoreham EDGs," "LILCO's IDGs," "LILCO's diesel generators," or the "Shoreham diesel generators," shall mean the three model DSR-48 engines (engine numbers 74020-12) manufgetured by TDI for use in LILCO's Shoreham Nuclear Power Station (Shoreham). .
i l
- l i
- - - _ - - _ _ _ _ - _ _ - _ _ _ - _ l
we .
..g .1
[r-(;.
(6) Any reference to "R-4 series engines"'is not p limited to model D5R-4 engines but'shnll include all DER-4, DXR-4, D3ER-4, DSRV-4, DERV-4 and D3ERV-4 engines ever manufactured'by TDI. .The. term shall also' include all configurations 'of each of the above types of engines, i.e.,
9 in-line 6~,-.in-line 8,;v,ee.12,. vee 16, vee 20, and any other.
. number and/or. configuration of cylinders.
~
(7)'The term " component," when used in reference to the Shoreham ED3s, shall mean the original components that were
.. contained in the engines when.they were shipped.to Shoreham.
Replacement or'new components ~for the Ehereham ED3s will be specifically identified.
, (B) " Person"shallmeabandincludeany. individual, sole proprietorship, partnership, corporation or association.
(9) These Interrogatories are continuing in nature and should be supplemented up to the time of trial in accordance with Rule s of the Federal Rules of Civil Procedure.
INTERROGATORIES
. 1, For each component listed below that was or could have been used in the Shoreham ED3s, please provide the following information:
l 4
e .
K y.
COMPO CNT LIST
- 1. Crankshaft
- 2. Cylinder block *
- 3. Cylinder head
- 4. Pisten
- 5. Turbocharger (including.prelubrication system)
- 6. Jacket water pump
- 7. Cylinder liner
- 8. Intermediate connecting push rods
- 9. -Cylinder head studs
- 10. Connecting rod bearing shells
- 11. Air start valve capccrews
- " 12. Fuel oil injection tubing
- 13. Main push rods
-. 14. Generator drive coupling and overspeed trip
- 15. Generator controls
~~
- 16. Subcover
- 17. Base and bearing caps
- 18. Turbocharger bracket
- 19. Air start check valve
. ,2 0 . Camshaft
- 21. Connecting.. rod
- 22. Air start valve
- 23. Pisten rings a) Identify all persons who participated in any manner in the original design or analysis-or any redesign or reanalysis of the component used in the Shoreham EDGs; b) Provide the number and date of all design
~
drawing for the component used in Shoreham EDGs; c) Provide the number and date of all prior design drawings for the component;
m,
, m :. - . .
p ', ' *s , #
$ t,< ,
- d )' Provide the: number and date of all subsequent
. design drawings f r the component; l
.1 e) . Identify all vendors'who suppliad any of the components, or any raw materials or subcomponents used in.the components for the Shoreham EDGs; ,
f)l Identify all persons responsible for testing q each componentJfor the Shoreham EDGs and
-- provide a brief description of their
.. responsibilities; g) Identify.all persons responsible for quality assurance or quality control of the design or-manufacture of each. component in the Shorehan EDGr; h) Identify all persons with knowledge of quality control problems sssociated with the manufacture of any~ component for the Shoreham
. EDGs; i) Describe all documents containing, ref1 acting,
- discussing or pertaining to manufacturing
. quality control associated with any component in the Shoreham EDGs;
m; -
o > . ..
t.:
j' ,
- .g i
t a j
j) Identify all written failure analysis reports-relating to..any ecmpenent licted above and
^
identify the author of each report; k). Identify all persons responsible for the fabrication and manufacture of each component-in the Shoreham EDGs.
- 2. Identify all persons. responsible for the overall design of the Shoreham EDGs.
. 3. As to the parent and each division, subsid2ary or
..,. affiliate of TDI, state the following:
(a) its name,. state of incorporation and location of its principal place of business; (b)'ats relationsh'ip to TD7; (c) the names of all officers and directors and whether any of those persons hold any position with any other division, cubsidiary or affiliate.
-;_ 4. State the nsmes, titles and employment duties and responsibilities of all officers,of TDI for the period from January 1, 1973 through the present. In addition, state whether any of these officers has or has had any position with Transamerica Corporation or any other subsidiary of
-Transamerica Corporation.
)
q ;
- 5. Identify all persons who have held.the. positions.of s foundry' manager, plant metallurgist,.and foundry quality
.contro 11 manager for TDI from January 1, 1970 through the ,
l' present, and the dates each person held each position.
- 6. Describe all documents that.TDI maintains
- constitute the contract between it and LILCO for the design, L manufacture'and' sale and-provision of associated services for-the Shoreham diesel generators.
'7 . Describe all documents that TDI maintains modify l -. the; contract between it and LILCO described in Interrogatory 6 above. .
-8. Identify all contracts between LILCO and TDI subsequent to the contract des'cribed in Interrogatory 6 above.
For each subsequent contract, state the date of the. contract
_ and describe all documents that TDI maintains constitute such contracts.
- 9. Identify all present or former TDI-employees who
.- 'have had any' responsibility for negotiating any contract terms' with LILCO or Stone & Webster concerning the Shoreham EDGs, including negotiations concerning the specifications, TDI's bid ;
proposal, price negotiations, the purchase of replacement parts, the provision of any service by TDI, warranty
-1 provisions, the modification of any contract terms or any other types of negotiations.
._L.m. _ _ _ . _ __ ____ _ - _ _ _ _ - _ _ - _ - - - -
- 10. Identify all persons responsible for the decision to use 22" by 11" crankshafts in ths Shoreham EDGs. 4
- 11. Identify all persons responsible for th6 decision L to increase the size of the crankshaft in TDI's R-48 engines from 13" by 11" to 13" by 12", and state the date the decision was made to increase the size of the crankshaft in the R-48 engines from 13" by 11" to 13" by 12".
- 12. State the date and drawing number of all design
. drawings for all 13" by 11" and 13" by 12" crankshafts used in R-48 engines.
- 13. State the dates of all torsional analyses and torsiograph teLts performed on or for any of the Shoreham EDGs beforetheywereshippedtoLIbCO, describe all documents reflecting, discussing or containing the results of such tests or analyses, or correlations between tests and analyses, and identify all persons who conducted or reviewed the tests or analyses.
o 14. Identify all suppliers of material used by TDI for cast iron castings from January 1, 1973 through January 1, 1976. --
- 15. Describe all documents relating to or containing information regarding the source, nature cnd composition of the material used to cast each of the original cylinder blocks for the Shoreham EDGs.
l
o
- 16. Describe all documents containing information l
regarding the datas that each of the original cylinder blocks for the Shoreham EDGs was cast.
- 17. Describe all documents relied on by TDI from January 1, 1973 through January 1, 1976 setting forth or describing the method or procedure for casting cylinder blocks.
- 18. Identify the persons responsible for ensuring that the quality of the material used to cast the cylinder blocks
. for the Shoreham EDGs met the specifications.
- 19. Identify all persons responsible for determining what material was selected.for inclusion in the heats that were used to pour each of the cylinder blocks for the Shoreham EDCs.
- 20. Identify the perso$s responsible for ensuring that all contaminants or unacceptable material were removed from material included in the heats used to pour each of the cylinder blocks for the Shoreham EDGs.
- 21. Describe all documents containing information o regarding the present location of the test bars for each of the cylinder blocks for the Shoreham EDGs, and identify the custodian of the test bars.
- 22. Describe all documents containing information 1
regarding the tested tensile strength of the test bars for each l of the original cylinder blocks for the Shoreham EDGs.
l 1 I
l
! l
! 1 L __ __ _ - - - - - - - - - - _
- 1
1 ,
a k- + .: 3 j 1*) .)
- 23. Describe all documents contcining information regardinglall' chemical cnclyses and any other type of terts that were performed on the heats used to pour each of.the cylinder blocks for the Shoreham EDGs.
~24. Describe all documents containing information regarding all chemical analyses and any other type of. tests that:were performed on each of the cylinder blocks for the Shoreham EDGs be' fore they were shipped to LILCO.
..: 25. Describe all documents containing information regarding the tested. tensile strength of the test bars for all other castings during the period January 1, 1970 through.
January 1, 1976 that were specified as ASTM Class 40 gray cast iron.
- 26. Describe all documents containing information regarding the date that any TDI employee or consultant first learned of the presence of Widmanstaetten Graphite or Degenerate Widmanstaetten Graphite in any casting manufactured
..., by TDI.
- 27. Describe all documents containing information regarding all ecmponents manufactured by TDI (including component name, identifying number and date of casting) in.
which Widmanstaetten Graphite or Degenerate Widma.nstaetten Graphite has been discovered.
> c c M d
- 28. Identify all consultants hired between-January 1, IE O and'the precent to study,.analyce or advise TOI tith-regard to any aspect of TDI's business relating te khe design, manufacture and operation of diesel generators. For each consultant identified, briefly state the areas of his study, analyses or advice.
- 29. Identify all experts you have retnined or specially employed in anticipation of or preparation for this litigation,
. regardless of whether you intend to use the expert as a witness at trial.
- 30. Identify all experta you may call as witnesses at' the trial of this case. For each expert you identify, please state:
(a) the subject matter about which each expert will testify; (b) the substance of the facts and opinions about which each expert will-testify;
.- (c) a summary of the grounds for each opinion; and, (d) a summary of each expert's educational and
. professional background.
- 31. Describe any insurance policies that do or might provide coverage for any of the claims stated in the cenplaint.
For each policy, provide the policy number and the name of the l
1 i
_ _ _ _ _ _ . . _ _ _ _ ___ __ _ _ _ _ J
i i
, o; .
L o .. . .
insurer, and describe.all documents containing or reflecting.or discusring coverace previded by such pclicy- for claims nr.dsLor j' anticipated by LILCO.against'TDI in any way; relating to the L
Shorehara EDGs.
L
- 32. Describe all documents that contain information regarding any and all lawsuits that have been filed against TDI after January 1, 1970 by a purchaser or. user of a TDI engine, in which.the purchaser or user. claimed damages based upon
-~ allegations of defective design, defective manufacture or
... defective testing. For each lawsuit,' state the docket number, the court,-the name and ade'ress'of all parties and the status-or disposition.
- 33. Identify all perso$s supplying any information for
.the responses to the foregoing Interrogatories, specifying which' person or persons provided information for each
~
individual Interrogatory or part thereof.
EEOUEST FOR PRODUCTION OF DOCUMENTS Pursuant to Rule 34 of the Federal Rules of Civil Procedure, LILCO requests that TDI produce the following documents for copying and inspection at a time and place to be mutually agreed upon by the parties.
T
p, l'
L <
f' L -
F .4 g .y
- 1. A11~ documents that TDI claims constitute the centract bet. tee.1,CDI and LILCO for the design, manufteture r.nd sale.and provision of associated services to LILCO of three: ,
emergency diesel generators for use in LILCO's Shorehnm Nuclear Power Station.
- 2. All documents that TDI claims modify in any manner the contract between TDI and LILCO.
l l 3. All documents reflecting, discussing or pertaining i
. in any manner to the centract between TDI and LILCO, including all internal TDI communication concerning the contract or contract terms. .
- 4. All documents that TDI claims constitute any other contracts between TDI and LILC'd.
- 5. All invoices, statements, bills or demands for L payment TDI has sent to LILCO or Stone & Webster, without regard to whether TDI has received' payment, for the original purchase price of the diesels, replacement or spare parts,
, laber, service, and any and all other charges connected in any way whatsoever with the three emergency diesel generators sold l
to LILCO. -
- 6. All documents containing, reflecting, discussing or j l
pertaining to comr.unication between TDI and the A=erican Bureau j i
of Shipping (AES) from January 1, 1970 through the present.
l l >
I
]
i u______ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ =
~,
4 2
- 7. All documents containing, reflecting, discussing cr perttining t: communic:tien between CDI and any classification
~
society other than AES frcm Janucry 1,1970 through the
.present, cencerning the R-4 and R-5 series engines or any-component-that could be used in an R-4 series engine.
B. TDI-organization charts that accurately reflect at
, all tin.es between Jantury 2, 1973 and the present, the groups l=
1 responsible for:all phases of engine design, manufacture and.
marketing, and the names of the persons comprising those l-.
groups. The charts should include, but not be limited to, TDI' field. representatives, . service groups, quality assurcnce groups : design groups, manuf acturing groups, quality control groups, failureanalysisgroup$andallotheraspectsofTDI's diesel engine manufacturing division, detailed through the fereman level.
- 9. All documents containing, reflecting, discussing or 1
1 pertaining to all crankshaft calculations performed by er for
. TDI to the rules of any classification society from January 1, 1970 through the present.
1
- 10. All documents containing, reflecting, discussing or pertaining to communication between TDI and the Diesel Engine Manufacturers Association (DEMA), or any member of DEEA acting in his official capacity, from January 1, 1970 through the present.
1
-m
__ m _________________m__._ _ _ _ _ . _ _ _ . . _ -
m~
y' ;, '
n 3
~
_. f ly: S , ;
og.
L:: ,
- 11. .All'doeur.ents containing,: reflecting, discussing or 6 .
'm pertaining.'to'ccmmunicstion:be:Veen DI andstheiInstitute of .
s, Electrical and' Electronics. Engineers;(IEEE) concerni~ng~IEEE
, Trial Use Standard 337.(1972) or IEEE Standard 387 (1977)'fremL January 1, 19701 through the present.
'12. 'All documents that relate or refer in'any way to the- decision by TDI to increase the crankshaft' size 'in R-48 engines from.13" by ll" to 13" by 12".
- 13. All documents that relate or refer 11n any way.to
.~ the[ decision by TDI in 1975 to' change the harmonic. coefficient (Tn) values used in its. torsional analyses of R-4 series engines. This request includes both the initial decision to
-change the Tn values in 1975 a$d the second decision in 1975 to change the Tn-values. If the decision to change .the Tn values was based in any way.cn test results, also produce the underlying test data, including prbeedures used and engine test.
. legs.
- c. -14. All documents containing, reflecting, discussing or pertaining to the generation or creation of the Tn values that-were used in the origJnal. tort a nal analysis of the 13" by 11" crankshafts-in the,Shoreham EDGs.
- 15. All docunents containing, reflecting, discussing or
. pertaining to communication between LILCO and TDI.
- _ _ _ _ _ _ _ _ _ _ _ . ____-- =-
y . '!
[, X
' '16. All documents containing, reflecting, discuss?ng er
,w pertaining to' cc=municatien'between' Stone & Webster and TDI concerning. the Shoreham'E03s or generated as a resul't of
. l('
L meetings between Stone & Webster and 7D1 concerning the L Shoreham EDGs.
1 . .
- 17. All documents that show or discuss the results of.
tests performed.on castings, and the test bars for castings, specified as ASTM Class 40 gray cast iron that were cast by TD1
. between January 1, 1970 and January 1, 1976.
- 18. All documents containing, reflecting, discussing cc pertaining to communication between TDI'and the Nuclear Regulatory Commission (NRC) or any person acting on behalf of the NRC or any entity under thd authority or control of the NRC.
- 19. All Service Information Memos applicable to R-4 and R-5 series engines generated between January 1, 1970 and September 30, 1984.
, 20. All files, personal or otherwise, maintained between January 1, 1974 and the present by the following CDI employees that-contain documents relating to the Shoreham EDGE:
(a) Ron Asaaa6.a (b) Theron Enrger l
r ---- -
y . , a. . -..
X ' J ,
i lllyfl =
'-F
.. tx 1 .:
s., J o 5
4 i i,c/#)
l =.
.. -. s ,.
4 [.'.
, y. :l,-
- yY .'{a ; i l '
t.
," ;(c)'
Hank.Lollweg (d). Pat Cross (e):: Roger Davidsen
-(f) 'Rosetnn.IFeinstein '
.(g)'- Bob Gray.
(h) Don Hayhurst U (i) .Brynn. Hunt
- (j ). Robert Johnston j .-
- (k) Steve Jubert (1) Sue Keisner (m) Ted Kemp
-(n) Carl McClaney.
(o) Lanny McHugh' (p) Mike Monahan (q) Otis Newsome (r). Ray Ortiz (s) ' Billy Pope
. (t) John Roundtree (u) Andy Rush (v) Don Schmitz (w) Steve Schumacher
(-)A Al Scott
- 19-h- -
-._-__.m_____m___.___ _m.____._____ _ _ _ . _ . _ _ _ _ _ _ _ . _ _ . . _ _ . _ _ _ _ _ _ _____m__._ .__-.___
9e >
3; , y
") v. .
e , ,
l Y,.
,( y) . Jay Siegel
. (:)' Harry Creed (aa) Jchn Wilder' (bb) David Hulf
- 21. All' files, perse'nal or otherwise, maintained
'between January 1,J1970 and the present by the following,TDI employees:
(a) Alan Barich
., (b) 'Greg Beshouri
., :(c) Bob Be :ini
'(d) Richard Boyer 1 3 (e)- Tem Bridge (f) Edward D$brec t
(g) Al DiGioralamo l
(h) Vince Dilworth (i) Lee Duck (j) Bert'Durie
. (k) Al~ Fleischer (1) John Gee (m) Harold Helgerson (n) Jim Hill (c) Geoff King (p) Ken Kropf 1
d- _ _--- ___ _ - __-. __
. ~ . , . _
~ > - , ,
q
^.
- y. ,
,1
.o y
(q) ~Maurice Lowrey (r)f Fa -Masitn
.(s) Clinten Mcthews ,
(t) Carl Moeller
-(u) Dick Pratt (v) Harold Schilling' (w) Wayne.Trusedale (x) Bud Trussell
. '(y) Gene White p
() . Eugene Wilson' (aa) Roland Yang
- 22. All files, personal or otherwise, maintained between January 1, 1970 and the present by the following persons that contain documents relating'to TDI's diesel engine
. manufacturing division: ,
(a) Donald Bixby (b) Truman-W. Netherton
- 23. All insurance policies that do or-might provide coverage for any of the claims stated in the complaint.
'24. All documents containing, reflecting, discussing or pertaining to communication between TDI and any of its insurers concerning the Shoreham EDGs or any other R-4 or R-5 series engine.
E.g ,
I s 9* _.
- 25. All documents containing, reflecting,1 discussing or pertcining to ec=munientien between T'I cnd Irofessor Jchn Wallace.
- 26. All documents containing, reflecting, discussing or
' pertaining *o reports or analyses of any type concerning the Shoreham EDGs.
- 27. All documents contcining, reflecting, discussing or pertaining to failure analysis reports concerning any component
- in any R-4 and R-5 series engine.
. 28. All documents containing, reflecting, discussing or pertaining to the, supply of materials used in cast' iron castings from January.1, 1973 through January 1, 1976. This request shall not be construed to' apply only to documents dated between January 1,. 2973 through January 1, 1976.
- 29. All documents containing, reflecting, discussing'or pertaining.to co==unication between.TDI and the TDI owners Group.
. 30. All documents containing, reflecting, discussing or pertaining to-business evaluations conducted by TDI prior to entering the nuclear business and all business evaluations conducted since then concerning TDI's supply of diesel generators for use in nuclear power plants.
l .
l l-l I-Ic : : = =_ __- _ -- >
L . n:
.s
..~ j
_- -1 L 31. All 10 CFP,Part 23 reports, all drafts'of such j;
I reports'and all notes, memoranda or cther documents con:crr.ing such reports..
, :32. -All documents containing, reflecting, discussing or l
pertaining to kny decision not to file 10 CFR-Part 21 reports-regarding any. component in any R-4 or:R-5 series engine.
- 33. All documents pertaining to, discussing or generated-as a result of all meetings between TDI and:LILCO or TDI-and the NRC.
. 34. Any list which contains the following infor.r.ation for all.in-line B cylinder. engines with a nominal 17" bore and 21" stroke manufactured by TDI after 1960: series number, engine model number, owner, date of' shipment, RPM and KW rating, maximum allowable cylinder firing pressure at rated load, EMEP and crankshaft sice.
- 35. Any list which contains the following information for all TDI engines manufactured by TDI after 1960 that
.' contained 13" x 11" crankshafts: series number, engine model number, owner, date of shipment, RPM and KW rating, maximum allowable cylinder firing pressure at rated load, number of cylinders and EMEP.
9 I
4
, f ,'
r
- 36. .All documents pertaining to any crankshaft that=
ever failed'or.uas ever replaced in any engine.ever manufactured by TDI, regardless of cause, including *torslenal analyses, torsiograph tests 3 failure analysis reports and any:
other documents discussing or pertaining to the crankshaft
. failures.
- 37. All documents containing, pertaining to, discussing or generated as a result of torsional analyses performed by or.
. for TDI at any time for the 13" by 11" crankshafts used in the Shoreham EDGs.
13 8 . All documents containing, pertaf.ning to, discussing -
or generated as-a result of torsiograph tests performed by or for TDI at any time for the 13 i by 11" crankshafts used in the Shoreham EDGs.
- 39. All documents containing, pertaining to, discussing or generated as a result of calculations performed by or for TDI at any time concerning the torsional adequacy of the 13" by
.- 11" crankshafts in the Shoreham EDGs.
- 40. All other documents analyzing or discussing the failure of the.13" by 11" crankshafts in the Shoreham EDGs. 1
- 41. All documents containing, pertaining to, discussing 1
or generated as a result of analyses of the cracking in the original 103 block performed by or for TDI at any time.
J l
l L !
- Ct , e ':>
n y,
- e. J '
[ 42. Audited . financial: statements for TDI ~ for .the ~ yer.rs-
.1974 ~.9E5.
- 43. All r.nnual reports prepared by or for TDI for the f-years 1974-1935.
4 4'. A11~ documents'that discuss Widmanstaetten Graphite Lc :.
- or Degenerate Widmanstaetten Graphite and'its: presence in any-component cast by TDI for any TDI engine.
- 45. All documents that relate to the tear-down by LILCo.
.. of the Shoreham diesels efter crankshaft failure in August-1983, including but not limited to logbooks kept by TDI and personal diaries kept by TDI. personnel.
- 46. All publications sent to any purchaser of any
.engi ne from 197 4.th rough 1983.
- 47. All documents'containing, concerning, reflecting, discussing cr generated is s result of every policy or instruction by'TDI to any of its employees concerning:
a) communications with'LILCO'concerning the
. Shoreham EOGs; b) communications with any TDI nuclear customers concerning deficiencies or defects or potential deficiencies or defects found in any TDI engines.
_--_-u-.-- , _ _ _ _ . - . - - . - - - - - . - - - _ -
I:
E a, .
e, 1
?
48; Minutes of TDI's Soard of Directors meetings from-Jr.nuary 1, 1970 thrcuch the pre.sent.
- 49. Documents reflecting, containing, or gen'erated as'a result'of' communications with Transamerica~concerning the Shoreham EDGs.
- 50. All documents containing, reflecting, discuscing or pertaining to the test procedures, calibration procedures and instrumentation used in conducting torsiograph tests by TDI
. . between January 1, 1973 and the present.
- 51. All test logs for all tests performed on any of the Shoreham EDGs prior to their shipment to LILCO.
- 52. All documents containing the results of, reflecting, discussing or pertiining to TDI's Crankshaft Stress Analysis Program that was developed following the failure of
' the crankshafts in the Shoreham EDGs.
- 53. All state and federal income tax returns filed by or en behalf of TDI from January 1, 1974 through the present.
., 54. All documents containing, reflecting, discussing or pertaining to an audit or study of TDI's quality assurance program performed by Management Analysis Company.
- 55. All documents referred to in the Interrogatories not specifically requested in this Request for Preduction.
e
-m._ ___.----..m__-__m 2._
> 1 1
- - s ;
D' -
l 1
LONG ~ _..o LIGHT:NG-COMPANY Eh* '
A ,
Of C;nS&ff F \ q l
Robert'M. Rolfe J
.Hdnton.& Williams , j 707 East Main Street !
P.O. Box 1535 i Richmond, Virginia 23212 i (804) 788-8466 !
I L. Neal Ellis, J r ..
Hunton & Williams
- EB &T Building 333 Fayetteville Street
. Post Office Box 109 Raleigh, North Carolina 27602 (919) 828-9371 .
David R. Marshall Hunton & Williams ..
299 Park Avenue New York, New York 10171 (212) 980-8200 Counsel O
h
~~__.- -._ _--
i s !
J 1
AFFIDAVIT OF SERVICE I'hereby cer-ify that a true c0py of the foregeing LILOO'S FIRST SET OF INTERROGATORIES AND REQUEST'FOR FRCDUCTION OF DOCUMENTS was served by Express Mail on Robert E. Smith, -
a Esq., Rosenman, Colin, Freund, Lewis & Cohen, 575 Madison Avenue, New York, New York 10022 and to Ira M. Millstein, Esq.
and James W. Quinn, Esq., Weil, Gotshal & Manges,.767 Fifth Avenue, New York, New York 10153.
. This the 13th day of September, 1985.
m**'
'W e
O
~28-l l
L__--_._-, . - - - - . - - - . - . - - - . .- - - - . - - - - - - - - - - - . - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - -- - -- -- - -- - - - - - - - -- -
ll . .
p.-
L u
- 25. A11' documents cont'aining, reflecting, discussing or-I pertcining to ecmmunicttien between TDI cnd;?rofessor Jchn Wallace.
- 26. All documents containing, reflecting, discussing er pertaining to reports or analyses of any, type concerning.the Shoreham EDGs.
- 27. All documents containing, reflecting,. discussing or
- pertaining to failure analysis reports concerning any component
, in any R-4 and R-5 series engine.
- 2 8. All documents containing, reflecting, discussing'or pertaining to the supply of materials used in cast iron castings from January 1, 1973 through January 1, 1976. This request shall not be construed to app).y only to documents; dated between January 1, 1973 through January 3, 1976.
- 29. All documents containing, reflecting, discussing or pertaining to communication between TDI and the TDI Owners Group.
3 30. All documents containing, reflecting, discussing or pertaining to business evaluations conducted by TDI prior to entering the nuclear business and all business evaluations conducted since then concerning TDI's supply of diesel generators for use in nuclear power plants.
_,a____ _ _ _ _ _ _ - - _ _ _ _ . _ _ _ _ _ _
eg e
- 31. All 10 CFR Pa rt121 reports, all drafts of such reports and all notes, mtr.oranda er ether documents con:crning such reports.
- 32. All documents containing, reflecting, discussing cr-
- pertaining to any decision not to file 10 CFR Part 21 reports regarding'any component in any R-4 or R-5 series engine.
- 33. All documents pertaining to, discussing or generated as a result of all meetings between TDI and LILCO or TDI and the NRC. !
- 34. Any list which contains the following information for all in-line B cylinder. engines with a nominal 17" bore and 21" stroke manufactured by TDI after 1960: series number, engine model number, owner,dakeofshipment, RPM and KW rating, maximum allowable cylinder firing pressure at rated load, EMEP and crankshaft size.
- 35. Any list which contains the following information for all TDI engines manufactured by TDI after 1960 that contained 13" x 11" crankshafts: series number, engine model number, cwner, date of shipment, RPM and KU rating, maximum allowable cylinder firing pressure at rated load, number of cylinders and EMEP. l l
l l
l l ,
. ' r y
sl^
e 1
A ,-.
'I ;
36; A111decuments_por:cining to any crankshaftLthat ever: failed er vas evernreplacsd in any' engine ever manufactured by TDI, regardless of cause, including'torsicnal' analyses, :torsiograph tests, failure. analysis reports. and' any
]'j other documents discussing or pertaining to.the crankshaft'
. failures.
- 37. All documents containing, pertaining.to, discussing.
or generated as a result of torsional analyses performed by or
, . for TDI at any time for the 13" by ll" crankshafts' used. in the Shoreham EDGs.
- 38. All documents containing, pertaining to, discussing or generated as n result of torsiograph tests performed by or for TDI at any time for the' 13 i~' by 11" crankshafts used in the Shoreham EDGs.
- 39. All documents containing, pertaining to, discussing or generated as a result of calculations performed by or for
-TDI at any time concerning the torsional adequacy of the 13" by
'O .
II" crankshafts in the Shoreham EDGs.
- 40. All other documents analyzing or discussing the-r failure of the.13" by ll" crankshafts in the Shoreham EDGs.
- 41. All documents containing, pertaining to, discussing or. generated as a result of analyses of the cracking in the original 103 block performed by or for TDI at any time.
l l
._u_____ ___________.-m.______ . _ _ _ _ _ -.
f m ,
.*M
- 42. Audited financial' statements for TDI for the years 1974-1955.
- 43. All annual-repcrts preparad by or for TDI for the years 1974-1985.
- 44. All documents that discuss Widmanstaetten Graphite or Degenerate Widmanstaetten Graphite and its presence in any component cast by TDI for any TDI engine.
- 45. All documents that relate to the tear-down by LILOO
- .. of the Shoreham diesels after crankshaft failure in August 1983', including but not limited to logbooks kept by TDI and
[
personal diaries kept by TDI personnel.
- 46. A12 publications sent to any purchaser of any engine from 1974 through 1983. '
- 47. All doc.uments containing, concerning, reflecting, discussing or generated as a result of every policy or instruction by TDI to any of its eb.ployees concerning:
a) communications with LILCO concerning the Shoreham EDGs; b) communications with any TDI nuclear customers I
concerning deficiencies or defects or potential deficiencies or defects found in any TDI l engines.
l l
l' L .
1
pn -
-3 e
l
. 46. Minutes of TDI's Board of Directors meetings from H
l-. Jr.nuary - 1, *.970 thrcuch the pre.s'ent.
49a. Documents reflecting, containing,.or gen'erated as a result of communications with Transamerica concerning the Shoreham EDGs.
- 50. All' documents containing, reflecting, discussing or pertaining to the test procedures, calibration procedures and instrumentation used in conducting torsiograph tests by TDI
, between January 1, 1973 and the present.
- 51. All test-logs for all tests performed on any of the l Shoreham EDGs prior.to their shipment to LILCO.
l-
- 52. All documents containing the results of, reflecting, discussing or pertiining to TDI's Crankshaft Strese Analysis Program that was developed following the failure of the crankshafts in the Shoreham EDGs.
- 53. All state and federal income tax returns filed by or en behalf of TDI frem January 1, 1974 through the present.
- 54. All documents containing, reflecting, discussing or pertaining to an audit or study of TDI's quality assurance program performed by Management Analysis Company.
- 55. All documents referred to ir. the Interrogatories not specifically requested in this Request for Preduction.
1 i
l j
l l .
l l
1 1
_ _ _ _ _ - - _ - _ _ _ - - - - - _ _ - - - - - - - __ - - - - - - _ . J
we !
+-
i Long - _ , . ,
LIGHT MG COMPANY f
~
v A .
Of Cbin&ff
Robert'M. Rolfe Ednton & Williams !
707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 (804) 788-8466 L. Neal Ellis, Jr.
Hunton & Williams '
~
EE &T Suilding 333 Fayetteville Street i Post Office Box 109 Raleigh, North Carolina 27602 (919) 826-9371 .
David R. Marshall Hunton & Williams .
299 Park Avenue New York, New York 10171 (212) 980-8200 j Counse]
i l
4 i
l
- 1. l
_____ J
g -
. \ . --
AFFIDAVIT OF SERVICE I'hereby cer-ify that r. true cepy of the foregeing LILOO'SFIRSTSETOFINTERROGATORIESANDREQUESTFOkFRCDUCTION OF DOCUMENTS was served by Express Mail on Robert E. Smith, Esq., Rosenman, Colin, Freund, Lewis & Cohen, 575 Madison Avenue, New York, New York 10022 and to Ira M. Millstein, Esq.
and James W. Quinn, Esq., Weil, Gotshal & Manges, 767 Fifth Avenue, New York, New York 10153.
This the 13th day of September, 1985.
e*"
~W
{
l i 1
f