ML20195D564
| ML20195D564 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/15/1988 |
| From: | Sisk K HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | |
| Shared Package | |
| ML20195D351 | List: |
| References | |
| OL-3, NUDOCS 8806230144 | |
| Download: ML20195D564 (13) | |
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[ b, LILCO, Juna 15, 1988 g ggATKOCORRESeppp$
UNITED STATES OF AhfERICA NUCLEAR REGULATORY COhihilSSION Before the Atomic Safety and Licensing B<>ard In the hiatter of )
)
LONG ISLAND LIGHTING COh1PANY ) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station, )
Unit 1) )
LILCO'S APPLICATION FOR ISSUANCE OF SUBPOENAS Pursuant to the Board's ruling of June 3,1988 ordering that LILCO have the discovery it seeks regarding realism /best efforts, including the Suffolk County Emergency Operations Plan (the "Plan") and the Board's retention of jurisdiction over this Plan, and as announced in the Friday, June 10, 1988 teleccnference, Long Island Lighting Company (LILCO) requests the presiding officer of this Li-censing Board to issue subpoenas under 10 CFR 4 2.720 to command the produc-tion of relevant documents as set forth in the subpoenas, and the appearance and testimony by deposition on oral examination of William E. Regan and Richard C. Roberts. Messrs. Regan and Roberts were served but falkd to ap-pear for depositions noticed by LILCO on June 8, 1988 and scheduled for June 14 and June 15, respectively.
hir. Regan is the former Director of the Suffolk County Division of Emer-gency Preparedness. Ile should have knowledge regarding the existence, develop-ment, and maintenance of the County of Suffolk Emergency Operations Plan; the County's responses to LILCO's discovery which should have elicited that Plant and other relevant m at t ers. LILCO first noticed Mr. Regan's deposition on April 5, l C
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1988, while he was head of the Division of Emergency Preparedness. Counsel for Suffolk County refused to voluntarily produce him for deposition. On April 11, the Board ordered that his deposition, along with others noticed by LILCO, be taken. The Board confirmed this order on April 18. The County still failed to produce him for deposition. On May 26, the Board again ordered that depositions noticed by LILCO, including Mr. Regan, be taken; and again or-dered those depositions on June 3. On June 4 LILCO was first informed by counsel for the County that Mr. Regan - had retired. LILCO then, on June 8, 1988 noticed his deposition as a non party, and although LILCO confirmed that he was in fact served with the notice of deposition on June 8, Mr. Regan failed to appear; Mr. Regan informed LILCO that the County had advised him not to appear.
M r. Roberts is former Chief Inspector of the Suffolk County Police De-partment and similarly may have knowledge regarding the County of Suf folk Emergency Operations Plan and related matters. LILCO first noticed Mr.
Roberts' deposition on April 5,1988 and began his deposition on April 26, 1988.
LILCO sought to continue Mr. Roberts' deposition, but Suffolk County refused.
The Board, on May 26, and again en June 3,1988 ordered that his deposition be completed. On June 4, LILCO was first informed by counsel for the County that Mr. Roberts had retired. LILCO then, on June 8,1988 noticed his deposi-tion, and confirmed receipt of service on that date. Ilowever, Mr. Roberts failed to appear for deposition; Roberts informed LILCO that the County had ad-vised him not to appear.
For the reasons stated above, LILCO asks the Board to issue subpoenas for the appearance of Messrs. Regan and Roberts, and the production of relevant documents as set forth in the subpoenas, at depositions upon oral examination on the dates specified in the attached subpoenas.
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.... Respectfully submitted, LONG ISLAND LIGEITING COMPANY d6L -
K. Derinis Sisk \ ""
U Rita A. Sheffey Counsel for Long Island Lighting Company llunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 and-100 Park Avenue New York, New York 10017 DATED: June 15,1988
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LILCO, Juna 15, 1988 CERTIFICATE OF SERVICE in the blotter of LONG ISLAND LIGIITING COhiPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50 322 OL 3 I hereby certify that copies of LILCO'S APPLICA'I10N FOR ISSUANCE OF SUBPOENAS were served this date upon the following by hand as indicated by an asterisk, or by first class mail, postage prepaid.
James P. Gleason, Chairman
- Adjudicatory File Atomic Safety and Licensing Board Atomic Safety and Licensing 513 Gilmoure Drive Board Panel Docket Silver Spring, hlaryland 20901 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Jerry R. Kline
- Atomic Safety an-' Licensing Richard G. Bachmann, Esq.
- Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of General Counsel East-West Towers, Rm 427 Washington, D.C. 20555 4350 East-West liwy.
Bethesda, h1D 20814 lierbert II. Brown, Esq.
- Lawrence Coe Lanpher, Esq.
hir. Frederick J. Shon
- Karla J. Letsche, Esq.
Atomic Safety and Licensing Kirkpatrick & Lockhart Board South lobby - 9th Floor U.S. Nuclear Regulatory Commission 1800 51 Street, N.W.
East-West Towers, Rm. 430 Washington, D.C. 20036 5891 4350 East-West liwy, Bethesda, hiD 20814 Fabian G. Palomino, Esq.
- l Richard J. Zahnleuter Esq.
l Secretary of a Commission Special Counsel to the Governor l Attention Doc:.e'.ing and Service Executive Chamber Section Room 229 l U.S. Nuclear Regulatory Commiscion State Capitol l 1717 11 Street, N.W. Albany, New York 12224 Washington, D.C. 20555 Alfred L. Nardelli, Esq.
Atomic Safety and Licensing Assistant Attorney General Appeal Board Panel 120 Broadway l U.S. Nuclear Regulatory Commission Room 3118 l Weshington, D.C. 20555 New York, New York 10271 l
l l
,- 2-George W. Watson, Esq.
- Jonathan D. Feinberg, Esq.
William R. Cumming, Esq. New York State Department of Federal Emergency Management Public Service, Staff Counsel
. Agency Three Rockefeller Plaza 500 C Street, S.W., Room 840 Albany, New York 12223 Washington, D.C. 20472 Ms. Nora Bredes Mr. Jay Dunkleberger Executive Coordinator New York State Energy Office Shoreham Opponents' Coalition Agency Building 2 195 East Main Street Empire State Plaza Smithtown, New York 11767 Albany, New York 12223 Evan A. Davis, Esq.
Stephen B. Latham, Esq. Counsel to the Governor Twomey, Latham & Shen Executive Chamber 33 West Second Street State Capitol P.O. Box 298 .
Albany, New York 12224 Riverhead, New York 11901 E. Thomas Boyle, Esq.
Mr. Philip McIntire Suffolk- County Attorney Federal Emergency Management Building 158 North Cwnty Complex Agency Veterans Memorial liighway 2G Federal Plaza Hauppauge, New York 11788 New ' York, New York 10278 Dr. Monroe Schneider North Shore Committee P.O. Box 231
- Wading River, NY 11792 Utzt .
Rita A. Sheffey IIunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 i DATED: June 15,1988 l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION n f
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Before the Atomic Safety and Licensing Board In the Matter of )
)
LONG ISLAND LIGIITINO COMPANY ) Docket No. 50-322-OL 3 ,
) (Emergency Picaning)
(Shoreham Nuclear Power Station, ) (Realism Issue)
Unit 1) )
SUBPOENA TI' NUOLEAR REGULATORY COMMISSION TO: p b
Mr. William E. Regan 1160 Route 25A Stony Brook, New York 11790 YOU ARE IIEREBY COMMANDED, pursuant tc the Atomic Energy Act of 1954, as amended, and Section 2.720 of the Rules of Practice of the Nuclear Regulatory Commission, to appear and give your testimony by deposition on oral examination, and produce all documents regarding the subjects of your testimony
- described more fully below, in this proceeding et 9:00 a.m. Daylight Savings ,
Time on Thursday, June 23, 1988, at Long Island Lighting Company, 175 E. Old Country Road, Ilicksville, New Y o r k .' 1801, as requested by the Long Island Lighting Company (LILCO), to testify regarding the County of Suffolk Emergency 0;nrations Plan (the "Plan"), including but not limited to: the identity of per-sons knowledgeable about the development, content, location, mainterance, and/or distribution of the Plan; the content c substance of the Plan itself; and efforts by Suffolk County, the State of New York, and/or their employees, representa-3 tives, agents, and counsel ^o determine the existence and/or responsiveness to R
) interrogatories and requests for production of documents by LILCO of this Plan or any other Puffolk County or New York Plan regarding resources and persons available for respondin;r to any emergency involving the Shoreham Nuclear Power 4
$ Station. The deponent is requested to produce at the deposition, for inspection and copying, any and all documents, including without limitation notes, records, reports, memoranda, correspondence, studies, analyses, papers, writings, photo-graphs, recordings, and other materials of any kind or nature whatsoeve . in his possession, custody or control or in the possession, custody or control of repre-sentatives, employees, attorneys, assigns, or anyone acting on his behalf, which are relevant to the issue staced above, including but not limited to the produc-tion of the County of Suffolk Emergency Operations Plan.
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 com-pliance and upon notice to K. Dennis Sisk or Rita A. Sheffey, counsel for LILCO, request that this subpoena be quashed or modified if it is unreasonable or requires evidence not relevant to any matter in issue in the proceeding as in-dicated above. The Comraitsion may condition its denial of such a motion to quach or modify this subpoena on just and reasonable terms.
Further, pursuant to Section 2.720(d), fees and mileage payable to witness-es in district courts of the United States are hereby tendered.
NUCLEAR REGULATORY COMMISSION Atomic Safety and Licensing Board James P. Gleason Presiding Judge issued:
June _, 1988 Bethesda, Maryland l
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l UNITED STATES' OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In 'the biatter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL 3
) (Emergency Planning)
(Shoreham Nuclear Power Station, ) (Realism Issue)
Unit 1) )
RETURN ON SERVICE Received this subpoena at on and on at .
I ser~ved it on the. within named William E. Regan by delivering a copy to him and tendering to him the fee for one day's attendance and the mileage allowed by law.
Date By Service Fee Travel $
Services $
Total $
Subscribed and sworn to before me this day of ,
1988.
Notary Public
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-9 UNITED STATES OF AMERICA NUCLEAR REGULATORY UOMMISSION Before the Atomic Safety and Licensing Board In the hiatter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 OL-3
) (Emergency Planning (Shoreham Nuclee Power Station, ) (Realism Issue)
Unit 1) ) SUBPOENA TIIE NUCLEAR REGULATORY COMMISSION 'ID: Mr. Richard C. Roberts Victor Street Aquebogue, New York 11931 YOU ARE HEREBY COMMANDED, pursuant to the Atomic Energy Act of 1954, as' amended, and Section 2.720 of the Rules of Practice of the Nuclear Regulatory Commission, to appear and give your testimony by deposition on oral examination, and produce all documents regarding the subjects of your testimony described more fully below, in this proceeding at 9:00 a.m. Daylight Savings Time on Wednesday, June 22, 1988, at Long Island Lighting Company,175 E. Old Country Road, Hicksville, New York 11801, as requested by the Long Island Lighting Company (LILCO), to testify regarding the County of Suffolk Emergency Operations Plan (the "Plan"), including but not limited to: the identity of cer-sons knowledgeable about the development, content, location, maintenance, and/or distribution of the Plan; the content or substance of the Plan itself; and efforts by Suffolk County, the State of New York, and/or their employees, representa-tives, agents, and counsel to determine the existence and/or responsiveness to
i
, Interrogatories and requests for production of documents by LILCO of this Plan or any other Suffolk County or New York Plan regarding resources and persons available for responding to any emergency involving the Shoreham Nuclear Power Station. The deponent is requested to produce at the deposition, for inspection and copying, any and all documents, including without limitation notes, records, reports, memoranda, correspondence, studie analyses, papers, wrP.ings, photo.
graphs, recordings, and other materials of any kind or nature whatsoever, in his possession, custody or control or in the possession, custody or control of repre-sentatives, employees, attorneys, assigns, or anyone acting on his behalf, which are relevant to the issue stated above, including but not limited to the produc. tion of the County of Suffolk Emergency Operations Plan. l 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 com-pliance and upon notice to K. Dennis Sisk or Rita A. Sheffey, counsel for LILCO, request that this subpoena be quashed or modified if it is unreasonable or requires evidence not relevant to any matter in issue in the proceeding as in-dicated above. The Commission may condition its denial of such a motion to quash or modify this subpoena on just and reasonable terms. l Further, pursuant to Section 2.720(d), fees and mileage payable to witness-es in district courts of the United States are hereby tendered. I NUCLEAR REGULATORY COMMISSION l Atomic Safety and Licensing Board l l l James P. Gleason l Presiding Judge l Issued: June _ , 1988 Bethesda, Maryland L
T , 4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Befo; a the Atomic Safety r.nd Licensing Board in the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50 322 OL-3
) '(Emergency' Planning)
(Shoreham Nuclear Power Station, ) (Realism Issue) Unit 1) ) RETURN ON SERVICE Received this subpoena at on and on at . I served it on the within named Richard C. Roberts by delivering a copy to him and tendering to him the fee for one day's attendance and the mileage allowed by law. l l Date By Service Fee Travel $ i Services $ Total $ l Subscribed and sworn to before me this day of , 1988. l l Notary Public
i- t , 9 OATE INvo*C E AWouNT 68 2 HUNTON & WILLI AMS sto
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HUNTON & WILLI AMS CLIENT ADVANCES ACCOUNT
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