ML20051G992

First Request for Production of Emergency Planning Documents.Certificate of Svc Encl

ML20051G992
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	05/11/1982
From:	Mcmurray C KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	NEW YORK, STATE OF
References
ISSUANCES-OL, NUDOCS 8205170158
Download: ML20051G992 (9)

Text

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O UNITED STATES OF AMERICA ~

NUCLEAR REGULATIORY COMMISSION 7

D sy BEFORE THE ATOMIC SAFETY AND LICENSING BOARD = f

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LONG ISLAND LIGHTING COMPANY ) v y

Docket No. 50-322 @

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SUFFOLK COUNTY'S FIRST REQUEST FOR PRODUCTION OF EMERGENCY PLANNING DOCUMENTS TO THE STATE OF NEW YORK Pursuant to 10 C.F.R. S 2.741, and the Licensing Board's Order, dated April 20, 1982, the State of New York is requested by Suffolk County to produce each of the documents set forth below, within thirty (30) days after service hereof. These document requests pertain to the emergency planning and prepar-edness issues under consideration by the Licensing Board and to whether emergency planning and preparedness for the Shoreham '

facility complies with 10 C.F.R. S 50.47 and 10 C.F.R. Part 50, Appendix E.

DEFINITIONS AND INSTRUCTIONS A. Wherever appropriate, the singular form of a word shall be interpreted as plural and vice versa.'

B. "And" as well as "or" shall be construed either dis-junctively or conjunctively as necessary to bring within the scope hereof any information (as defined herein) which might otherwise be construed to be outside the scope of these Q$D7 r discovery requests. / ()

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C. Wherever appropriate, the masculine form of a word shall be interpreted as feminine and vice vere.a.

D. The term " person" includes any natural person, firm, partnership, educational ins'titution, joint venture, corpora-tion, and any domestic government organization, or group of natural persons or such entities.

E. The term "information" shall be expansively construed and shall include facts, data, theo' ries, analyses, opinions, images, impressions, concepts and formulae.

F. The term " document" shall be expansively construed and shall mean any tangible thing from or on which information can be stored, recorded, processed, transmitted, inscribed, or memorialized in any way by any means regardless of technology .

or form.

Each copy of a document which contains separate no-tations or writings thereon, and each draft of a document which differs in any way from the final version of the document, i shall be deemed to be a separate document for purposes of these discovery requests. ,

[ Versions of a document which differ in clearly nonsubstantive and unimportant ways from other versions of the document do not need to be considered a separate docu-ment.)

G.

The term " communication" includes every c): change of information by any means.

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H.

The term "LILCO," or "LILCO personnel" means Long Island Lighting Company, and any affiliate, agent, employee, consultant, contractor, subcontractor, technical advisor, rep-resentative, or other person acting for or on behalf of LILCO, l

or at LILCO's direction or control, or in concert with LILCO or assisting LILCO.

I.

The term "Shoreham" means the Shoreham Nuclear Fower Station, Unit 1, any part thereof, or any structure, system, component, instrumentation, equipment, or materials included in, or intended to be included in or associated with Shoreham, whether onsite or offsite.

J. The term " contractor" means any person, not affiliated f

with LILCO, who performed work relating to Shoreham, on behalf of LILCO and/or pursuant to a contract with LILCO. The term ,

" subcontractor" means any person, not affiliated with LILCO, i

who performed work of any kind relating to Shoreham, on behalf of a contractor with whom the person was not affiliated, and pursuant to a contract with such contractor. A person other than a contractor who contracts with a subcontractor shall be deemed a subcontractor.

K.

The words "concerning," " concerns," or any other de-rivative thereof include referring to, responding to, relating to, pertaining to, connected with, comprising, memorializing, commenting on, regarding, discussing, showing, describing, reflecting, analyzing, supporting, contradicting and constituting. '

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L. If the State of New York objects to or claims a privi-lege (attorney-client, work product, or otherwise), with re-spect to any document request, in whole or in part, or seeks to withhold documents or info.rmation because of the alleged pro-prietary nature of the data, set forth all reasons and the underlying factual basis for the objection or claim of privi-lege in sufficient detail to permit the Licensing Board to de-termine the validity of your object' ion or claim of privilege.

This description should include with respect to each document:

the author, addressor, addressee, recipients of indicated and

" blind" copies, date of preparation, subject matter, purpose for which it was prepared, number of pages, attachments or appendices, all persons to whom distributed, shown or 1

explained, present custodian, all persons believed to have a f

copy of the document, and the nature of the privilege or objec-tion asserted.

M.

If any document called for herein has been destroyed,,

that document is to be identified as described in the second sentences of "L", above. The State of New York also is reques-ted to state the date of destruction, person authorizing de-struction, and person destroying the document.

• N. Information furnished in answer to a document request may be furnished by reference to the answer provided for anoth-er document request, provided the other reference. r answer fully responds to each request for informaticn contained in the e

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l request. Separate answers should be provided for each request and each subpart thereof. The County is interested in receiv-ing. the relevant data asked for and any means of providing such data which are less time-consuming for the responder out which are nevertheless complete and fully understandable will satisfy the intent of these requests.

O. As used herein:

(1) The term " plan" or emergency response plan shall refer to the Shoreham Emergency Plan as descri-bed in SNRC 568, dated May 27, 1981, and SNRC 656, dated January 11, 1982.

(2) " Analysis" means research, investigation, audit, inspection, review, testing, monitoring, or any

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other method or form of examining data and/or forming conclusions or recommendations.

(3) "NRC" means the Nuclear Regulatory Commission and its staff, any division or section thereof, any. staff member thereof, or any agent, consul-tant, contractor, subcontractor, technical advi-sor, employee, or representative of the NRC.

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DOCUMENT DISCOVERY

1. All correspondence with any officers, employees, or repre-sentatives of the Long Island Lighting Company concerning emergency preparedness for th'e Shoreham Nuclear Power Station.

2.

All documents reflecting any meetings or contacts with any LILCO officers personnel, contractors, subcontractors or other such representatives including, but not limited to:

a. The dates of such contacts.

b. Those individuals present during such contacts.

c. All matters discussed during such contacts.

3. All documents, analyses, studies or other such materials prepared by or for the State of New York concerning site- '

specific emergency planning for the Shoreham Nuclear Power Station, including, but not limited to:

a. Documents studying, analyzing, discussing or other-wise concerning the content or the adequacy of the radiological emergency response plan prepared by the Long Island Lighting Company.

b. All documents studying, analyzing, discussing or oth-erwise concerning the content or adequacy of any efforts made on the part of Suffolk County for emer-gency preparedness with regard to the Shoreham Nuclear Power Station. i l

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4. All documents, maps, figures, tables, drawings, or other such materials, in draft or final form, prepared to date for or by the State of New York, concerning site-specific planning for the Shoreham Nuclear Power Station, incl m-ng but not limited to, all such materials which will or may included in the New York State Radiological Emergency Preparedness Plan.

5. All correspondence by the State of New York or any agency thereof with the Nuclear Regulatory Commission or the Faderal Emergency Management Agency regarding emergency preparedness for Shoreham.

6. All documents reflecting plans for exercises or drills to test emergency preparedness for the Shoreham Nuclear Power Station.

Respectfully submitted, DAVID J. GILMARTIN PATRICIA A. DEMPSEY Suffolk County Department of Law Veterans Memorial Highway .

Hauppauge, New York 11788 Herbert H.' Brown May.11, 1982 Lawrence Coe Lanpher Christopher M. McMurray KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS i 1900 M Street, N.W., 8th Floor Washington, D.C. 20036 (202) 452-7000 Attorneys for SuffolE County 1

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD j

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In the Matter of .

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 (O.L.)

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(Shoreham Nuclear Power Stations, )

Unit 1) )

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CERTIFICATE OF SERVICE

, I hereby certify that copies of "SUFFOLK COUNTY'S FIRST REQUEST FOR PRODUCTION OF EMERGENCY PLANNING DOCUMENTS TO THE STATE OF NEW YORK," dated May 11, 1982, have been served to the following on May 11, 1982 by U.S. Mail, first class, except as

otherwise noted.

Lawrence Brenner, Esq. Ralph Shapiro, Esq.

Administrative Judge Cammer and Shapiro Atomic Safety and Licensing Board 9 East 40th Street U.S. Nuclear Regulatory Commission New York, New York 10016 Washington, D.C. 20555 Howard L. Alau, Esq.

Dr. James L. Carpenter 217 Newbridge Road Administrative Judge Hicksville, New York 11801 Atomic Safety and Licensing Board -

i U.S. Nuclear Regulatory Commission W. Taylor Reveley III, Esq.

Washington, D.C. 20555 Hunton & Williams P.O. Box 1535 Dr. Peter A. Morris Richmond, Virginia 23212 Administrative Judge Atomic Safety and Licensing Board Mr. Jay Dunkleberger U.S. Nuclear Regulatory Commission New York State Energy Office

, Washington, D.C. 20555 Agency Building 2 Empire State Plaza Edward M. Barrett, Esq. Albany, New York 12223 General Counsel Long Island Lighting Company Stephen B. Latham, Esq.

250 Old Country Road Twomey, Latham & Shea Mineola, New York 11501 Attorneys at Law P.O. Box 398 Mr. Brian McCaffrey 33 West Second Street Long Island Lighting Company - Riverhead, New York 11901 175 East Old Country Road Hicksville, New York 11801

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Marc W. Goldsmith Mr. Jeff Smith Energy Research Group, Inc.. Shoreham Nuclear Power Station 400-1 Totten Pond Road P.O. Box 610 Waltham, Massachusetts 02154 - North Country Road Wading River, New York 11792 Joel Blau, Esq.

New York Public Service Commission MHB Technical Associates The Governor Nelson A. Rockefeller 1723 Hamilton Avenue Building Suite K Empire State Plaza ,

San Jose, California 95125 Albany, New York 12223

. Hon. Peter Cohalan David H. Gilmartin, Esq. Suffolk County Executive Suffolk County Attorney County Executive / Legislative County Executive / Legislative Bldg. Building

, Veterans Memorial Highway Veterans Memorial Highway Hauppauge, New York 11788 Hauppauge, New York 11788 Atomic Safety and Licensing Ezra I. Bialik, Esq.

Board Panel Assistant Attorney General U.S. Nuclear Regulatory Commission Environmental Protection Bureau Washington, D.C. 20555 New York State Department of Law 2 World Trade Center Docketing and Service Section New York, New York 10047 Office of the Secretary U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board U.S. Nuclear Regulatory Commission Bernard M. Bordenick, Esq. Washington, D.C. 20555 David A. Repka, Esq.

U.S. Nuclear Regulatory Commission '

Washington, D.C. 20555 -

Matthew J. Kelly, Esq.

• Staff Counsel, New York State i Public Service Commission 3 Rockefeller Plaza l Albany, New York 12223

• By Federal Express Christ 6pher M. McMurray KIRKPATRICK, LOCKhART, HI ,

CHRISTOPHER & PHILLIPS 1900 M Street, N.W., 8th Floor Washington, D.C. 20036 May 11, 1982

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