ML20052F916
| ML20052F916 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/12/1982 |
| From: | Mcmurray C KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| ISSUANCES-OL, NUDOCS 8205140145 | |
| Download: ML20052F916 (10) | |
Text
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kkl0-UNITED STATES OF AMERICA
'g7 5D' 12 p 7,.29 NUCLEAR REGULATIORY COMl!ISSION Gr~
BEFORE THE ATOMIC SAFETY AND LICENSING BOAR d' s
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In the Matter of
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8 LONG ISLAND LIGHTING COMPANY
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Docket No. 50-
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(Shoreham Nuclear Power
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4 Station, Unit 1-)
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SUFFOLK COUNTY'S FIRST REQUEST FOR PRODUCTION OF EMERGENCY PLANNING DOCUMENTS TO THE NUCLEAR REGULATORY COMMISSION STAFF Pursuant to 10 C.R.F.
SS 2.741 and 2.774, and the
- Licensing Board's Order, dated April 20, 1982, the Nuclear Regulatory Commission Staff is requested by Suffolk County to produce at the NRC offices in Bethesda, Maryland, or at another mutually agreed-upon location, 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.?.R. S 50.47 and 10 C.F.R. Part 50, Appendix E.
AND INSTRUCTIONS DEF fiiirg A.
Wherever appropriate, the singular form of a word I
shall be interpreted as plural and vice versa.
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8205140145 820512
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PDR ADOCK 03000322 C
4 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 disco-very requests.
C.
Wherever appropriate, the masculine form of a word shall be interpreted as feminine and vice versa.
D.
The term " person" includes any natural person, firm, partnership, educational institution, joint venture, corpora-tion, and any domestic government organization, or group of 4
natural persons or such entities.
E.
The term "information" shall be expansively construed and shall include facts, data, theories, 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 nota-tions or writings thereon, and each draft of a document which dif fers in any way from the final version of the document, shall be deemad 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 document.)
G.
The term " communication" includes every exchange of information by any means.
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, or at LILCO's direction or control, or in concert with LILCO or assisting LILCO.
I.
The term "Shoreham" means the Shoreham Nuclear Power 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 with LILCO, who performed work relating to Shoreham, on behair of LILCO and/or pursuant to a contract with LILCO.
The term
" subcontractor" means any person, not affiliated with LILCO, who performed work of any ki'nd 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, 3-t
commenting on, regarding, discussing, showing, describing, reflecting, analyzing, supporting, contradicting and consti-tuting.
L.
If the NRC objects to or claims a privilege (attorney-client, work product, or otherwise), with respect to any docu-ment request, in whole or in part, or seeks to withhold docu-ments or information because of the alleged proprietary nature of the data, set forth all reasons and the underlying factual basis for the objection or claim of privilege in sufficient detail to permit the Licensing Board to determine the validity of your objection or claim of privilege.
This description should include with respect to each document: the author, ad-dressor, addressa2, recipients of indicated and " blind" copies, date of preparation, subject matter, purpose for which it was prepared, number of pages, attachments or appendices, all per-sons to whom distributed, shown or explained, present custo-dian, all persons believed to have a copy of the document, and the nature of the privilege or objection 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 NRC also is requested to state the date of destruction, person authorizing destruction, and person destroying the document.
N.
Information furnished 1. answer to a document request may be furnished by reference to the answer provided for anoth-er document request, provided the other referenced answer fully responds to each request for information contained in the re-quest.
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 but 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.
l (2)
" Analysis" means research, investigation, audit, inspection, review, testing, monitoring, or any 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 REQUESTS 1.
All documents (other than the SER) analyzing, studying, or otherwise concerning the adequacy of LILCO's emergency plan in comparison with the requirements of 10 C.F.R. 50.47(b) and 10 C.F.R. Part 50, Appendix E.
In particu-lar, documents which form the substantive basis for state-ments in the SER should be produced.
Thus, this request includes all documents supporting, criticizing, underly-ing, forming the basis for, or otherwise concerning the findings and conclusions of those portions of the Safety Evaluation Report (SER) related to emergency planning at the Shoreham Nuclear Plant (NUREG 0420, Supp. No. 1, Sept.
1, 1981, Item l'.3).
2.
All documents concerning the adequacy or inadequacy of LILCO's proposed resolutions to the deficiencies noted in the SER Supp. 1, including:
(a)
All correspondence between LILCO and the NRC concern-ing such deficiencies; (b)
All documents identifying meetings, telephone calls or other such contacts between the NRC and LILCO, its representatives, contractors, subcontractors, or con-sultants concerning resolution of such deficiencies; and (c)
Any documents describing, outlining, or otherwise concerning the content of any of the meetings, telephone calls or other contacts described in (b),
above.
3.
Any documents describing, assessing or otherwise concern-ing deficiencies in the LILCO. plan or resolutions thereof since the publication of SER Supp. 1.
4.
Any documents considering, approving, disapproving or oth-erwise concerning LILCO's resolutions of the deficiencies described in SER Supp. 1.
5.
Any documents concerning any test, exercise or drill con-ducted or to be conducted for the purpose of evaluating LILCO's Emergency Response Plan, including:
(a)
The schedule for such test, exercise or drill; (b)
The format for such test, exercise or drill; and (c)
The results of LILCO's performance and the criteria for evaluating such performance.
6.
Any documents describing or otherwise concerning the NRC's schedule and/or methodology for assessing the adequacy of LILCO's Emergency Plan.
7.
Any documents concerning FEMA's involvement in emergency preparedness for Shoreham.
8.
All documents (not produced in response to Nos.
1-7, above) assessing, considering or otherwise concerning the Long Island Lighting Company's (LILCO) Radiological Emergency Response Plan for the Shoreham Nuclear Plant..
Respectfully submitted, DAVID J. GILMARTIN PATRICIA A.
DEMPSEY Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 Herbert R'.
Brown Lawrence Coe Lanpher Christopher M. McMurray KIRKPATRICK, LOCKHAPT, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.,
8th Floor Washington, D.C.
20036 (202) 452-7000 May 12, 1982 Attorneys for Suffolk County _
s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322 (0.L.)
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(Shoreham Nuclear Power Stations,
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Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "SUFFOLK COUNTY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO THE NUCLEAR REGULATORY COMMISSION STAFF," dated May 12, 1982, have been served to the following on May 12, 198; 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.
Blau, Esq.
Dr. James L. Carpenter 217 Newbridge Road Administrative Judge Hicksville, New York 11801 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission W. Taylor Reveley III, Esq.
I Washington, D.C.
20555 Hunton & Williams P.O. Box 1535 l
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 l
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 l
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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 618 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 Counti Attorney County Executive / Legislative Ccunty 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
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 Public Service Commission 3 Rockefeller Plaza Albany, New York 12223
- By Hand Delivery Christophsr M.
McMurray
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KIRKPATRICK, LOCKHART, HILL,[
CHRISTOPHER & PHILLIPS 1900 M Street, N.W.,
8th Floor Washington, D.C.
20036 l
May 11, 1982
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