ML20212K647

Docket 50-322-OL-5 (Shoreham Nuclear Power Station):Motion for Subpoenas of New York State Witnesses.* Summarizes 870121 Communication Between Counsel for Lilco & State of Ny Updating Motion for Subpoenas of New York State Witnesses

ML20212K647
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	01/21/1987
From:	Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Frye J, Paris O, Shon F Atomic Safety and Licensing Board Panel
References
CON-#187-2303 OL-5, NUDOCS 8701290139
Download: ML20212K647 (2)

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John H.

Frye, III, Chairman Dr. Oscar H.

Paris Mr. Frederick J.

Shon BY TELECOPIER Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Docket 50-322-OL-5 (Shoreham Nuclear Power Station):

Motion for Subpoenas of New York State Witnesses Gentlemen:

This letter summarizes communications this morning between the undersigned counsel for LILCO and counsel for New York-State,

~Mr.

Zahnleuter, which update and permit' modification of LILCO's motion, filed yesterday, for the issuance of subpoenas for the testimony of New York State employees James Papile, Lawrence Czech and James Baranski.

Yesterday evening, New York State complied with the Board's December 19, 1986 order requiring the State to answer LILCO's November 3, 1986 interrogatories and document production re-quests.

Those answers, which LILCO understands are also being served'on the Board, designate Messrs. Papile, Czech and Baranski as knowledgeable about matters covered in the interrogatories, but propose only Mr. Papile as a witness for deposition.

In discussions this morning agreement was reached on the deposition of Mr. Papile on the morning of. February 3 in Albany, subject to rescheduling of another deposition previously slated for that time.

Assuming (as seems likely) that the requested rescheduling is possible, the deposition of Mr. Papile will occur without any need for the Board's intervention.

8701290139 870121 PDR ADOCK 05000322 g

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I H L?NTON & WILLI AM S January 21, 1987 p

Page 2 Only the depositions of Messrs. Czech and Barsnski are still in dispute.

LILCO counsel has of fered to take the deposition of Mr. Papile in the morning of February 3, and those of Messrs.

Czech and Baranski as a panel that afternoon.

Counsel for New York State opposes LILCO's request.

Counsel for both LILCO and New York State agree, however, that the matter needs to be resolved soon enough to permit necessary preparations for what-ever depositions are to be held, Thus counsel for New York State has agreed to file his response to LILCO's motion for issuance of subpoenas with the Board by the close of business this Friday, January 23.

Counsel for New York State has also agreed to act as agent for service of process on Hessrs. Czech and Baranski in the event that the Board grants the requested subpoenas.

LILCO requests that the Board act on its motion for issuance of subpoenas as soon as possible next week following receipt of New York State's response.

Respectfully submitted, y A.A I

.Q Donald P.

Irwin Counsel for Long Island Lighting Company cc:

Richard J.

Zahnleuter, Esq.

Counsel for all other parties G

91/730

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