ML20214T209

Advises That Response to Suffolk County,State of Ny & Town of Southhampton 861118 Motion to Compel FEMA to Produce Witnesses for Deposition & to Produce Documents Will Not Be Filed

ML20214T209
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	12/03/1986
From:	Perlis R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Frye J, Paris O, Shon F Atomic Safety and Licensing Board Panel
References
CON-#486-1771 ALAB-773, OL-5, NUDOCS 8612080520
Download: ML20214T209 (2)

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, Ar 0FF l::.. cfA .. 4 Nml 00CMETM BRANm December 3,1986 John II. Frye, III, Chairman Oscar II. Paris Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Ueshington, DC 20555 Washington, DC 20555 Frederick J. Shon Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 In the f4atter of LONO ISLAND LIOllTING COMPANY (Shoreham Nuclear Power Station, Unit 1) ,

Docket No. 50-322OL-5 (EP Exercise)

Dear Admin!Ftrative Judges:

On November 18, 1986, Suffolk County, New York State and the Town of Gouthampton filed a motion for an order compelling FEMA to produce witnesses for dopocition, to permit witnesses to respond to deposition questions, and to produce documents. On December lat, FEMA responded to the motion. Both the motion and FEMA's response focus on the application of the " deliberative process" objection raised by FDIA to discovery propounded by the movants.

As a general observation, the Staff notes that the Appeal Board in this very proceeding set forth guidelines for applying executive privilege or deliberative process objections to specific factual situations in ALAB-773,19 NRC 1333 (1984). As ALAB-773 makes clear, if a privilege is demonstrated, a balancing test must be applied to determine whether a litigant's need for information outweighs the need to preserve the privilege.

It is clear from FEMA's December lat response that FEMA is indeed asserting a deliberative process privilego. Inasmuch as that agency is represented by counsel who can better address the issues of the applicability of the privilege to the - facts of this case as well as the potential harm to the agency's h

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. -g-deliberative processes if the privilege is not upheld by the Board, the Staff will not be filing a response to the November 18th motion to compel.

Sincerely, Robert G. Perlis Counsel for NRC Staff cc: Service List By Telecopier to:

Fabian G. Palomino, Esq.

Lawrence C. Lanpher, Esq.

Donald P. Irwin, Esq.

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