ML20053D611

Response to First Set of Interrogatories.Certificate of Svc Encl.Related Correspondence

ML20053D611
Person / Time
Site:	Indian Point
Issue date:	05/28/1982
From:	Schwartz R BOTEIN, HAYS, SKLAR & HERZBERG, METROPOLITAN TRANSPORTATION AUTHORITY NEW YORK
To:	WESTCHESTER PEOPLES ACTION COALITION, INC.
References
ISSUANCES-SP, NUDOCS 8206070122
Download: ML20053D611 (18)

Text

V d5 ,*

3 F " 'J ^

UNITED STATES OF AMERICA

• NUCLEAR REGULATORY COMMISSION 61 30 3 m :33 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

g((

1 Louis J. Carter, Chairman [:7 , 2 ..U

.~

Frederick J. Shon Dr. Oscar H. Paris

---

.----x 1 In the Matter of ) Docket Nos.,

CONSOLIDATED EDISON COMPANY OF NEN YORK, ) 50-247 SP INC. (Indian Point, Unit No. 2) 50-286 SP

)

POWER AUTHORITY OF THE STATE OF NEW YORK May 28, 1982 (Indian Point, Unit No. 3) )

---

-----------x METROPOLITAN TRANSPORTATION AUTHORITY'S RESPONSES TO WESPAC'S FIRST SET OF INTERROGATORIES ATTORNEYS FILING THIS DOCUMENT:

$~0TEIN, HAYS, SKLAR & HERZBERG Attorneys.for Metropolitan Transportation Authority 200 Park. Avenue New York, New York 10166 (212) 867-5500 woumn:

O

/

t TABLE OF CONTENTS PRELIMINARY STATEMENT- - - - - - - - - - - - - - -

1 RESPONSES TO INTERROGATORIES- - - - - - - - - - - - 6 f

l:

PRELIMINARY STATEMENT The Metropolitan Transportation Authority ("MTA") submits these responses to WESPAC's first set of Interrogatories dated May 3, 1982. The following is a general statement about the extent of MTA's participation in the development of the Indian Point Radiological Emergency Plan.

MTA's particloation in the development of the Indian Point Radiological imergency Plan

• The role of MTA'and Conrail Metropolitan Region (" Conrail")

in emergency evacuation planning for Indian Point has been limited to the preparation of a single discrete element of the Emergency Radiological Response Plan as described below.

In July 1980, representatives from the Power Authority of the State of New York ("PASNY"), Consolidated Edison (" Con Ed") and Parsons Brinckerhoff Quade and Douglas, Inc. ( " P a r s o n s B r'i n c k e r -

hoff"), consultants f'or the forementioned, requested MTA to develop an area evacuation plan to b1 implemented should conditions at the Indian Point Nuclear Power Plants warrant.

Since Conrail operates all of the commuter railroad facilities in Westchester and Putnam Counties under a service contract with MTA, MTA referred the request to Conrail. Thus it is Conrail, not the MTA itself, which has participated in emergency evacuation planning for that area. For this reason, information

used to answer these interrogatories was obtained primarily from Conrail and Conrail's files. To the best of our knowledge ,

(except as described in our answers here), MTA has had no participation on its own behalf in this emergency planning and has no documents in its own files related to these Interrogatories.

Several meetings were conducted in 1980 involving Parsons

, Brinckerhoff and Conrail Operations Improvement personnel during which all data relevant to the formulation of an evacuation plan l

were exchanged. As part of that information exchange, Parsons Brinckerhoff presented certain criteria and assumptions on the ba-sis of which Conrail was to develop the program. These included

1) Ridership - the numbers and originating stations of Hudson line transportation dependent persons who would be expected to use railroad service for evacuation (estimated to be 2,360 persons);

and 2) Evacuation Distance - that distance from the evacuation site beyond which the railroad would transport the evacue,es.

Using the information supplied by Parsons Brinckerhoff, and accepting its assumptions and criteria for the purpose of this l

project, Conrail developed a plan for guiding rail operations dur-i ing an evacuation of the populace from the Indian Point environs.

This plan, entitled " Indian Point Emergency Evacuation Operating Plans Coordinated Emergency Operations Program, Appe.idix III-D"

("CEOP"), was not intended to be a comprehensive evacuation plan

j l

{

but, rather, was limited to the following three compone,nts: 1) de-velcpment of shuttle railroad equipment movements between Beacon ,

and Tarrytown, New York; 2) description of scheduled equipment availability at different locations during four separate periods of the day; and 3) development of lines of notification of criti-cal personnel and departments. The plan was forwarded to Parsons Brinckerhoff on June 16, 1981 for inclusion in the Indian Point Radiological Emergency Plan, although it was not fully included in the final and official version of that plan.

Since submission of the Conrail CEOP to Parsons Brinckerhoff, neither Conrail nor MTA had any further involvement with Indian Point evacuation planning until early 1982 when Conrail was asked i to participate in the March 3, 1982 evacuation drill, which it did i

to the extent of monitoring the drill and following the Conrail i personnel notification steps outlined in the CEOP.

i l - ._ -- -. . .. . -. ._.. .- . _ - - . . _ . - . .

RESPONSES TO INTERROGATORIES i

?

1. Interrogatory:1 List any transportation facilities (including railroads, auto-mobile roads, highways, bridges, tunnels, or other parts of a road network) under the jurisdiction of the_MTA that are wholly or partly within Westchester or Putnam County. Where facilities are run by other agencies (such as Conrail) but are related to the MTA, include them.

Response

Harlem,' Hudson and New Haven Railroad lines.

The Harlem and Hudson lines are operated by Conrail under a service contract with MTA.

The New Haven line is operated under a service contract with MTA and the Connecticut Department of Transportation.

2. Interrogatory: ,

l Indicate which, Lf any, of the items listed in (1) are within the currently-defined Emergency Planning Zone for Indian Point.

I l

l l

1 The numbers appearing here correspond exactly to those used by WESPAC in its Request as it was served on MTA.

. . i

('

Response: )

q '

/

Hudson Line.

3. Interrogatory:

Indicate which, if any, of the items listed in (1) are invol-

'ved in any of the evacuation routes for the Indian Point Radiological Emergency Plan.

Response: '

Hudson Line.

4. Interrogatory:

Supply copies of any reports, telephone calls, memoranda, or .

other communication between the Metropolitan Transportation '

Authority and PASNY, Con Edison, the Four-County Nuclear s Safety Committee, or the two consultants (Parsons, Brincker-hoff, Quade, & Douglas and EDS Nuclear) relative to the use of MTA facilities in the off site emergency plan. Such reports should include at minimum the following:

(i) any information requested as to road capacity, traffic control personnel, and other transportation network d:ta, whether or not the MTA was able to supply it, and the MTA's response. .

(iii) The requirements for MTA personnel to participate in emergency response.

4

i i

(iv) Training of MTA personnel as to their roles in emergency response to an' Indian Point accident. ,

Response

This interrogatory is in reality a request for production of documents. However, while ' reserving any claims of privilege f

or other objections to such production request, we are sending WESPAC a packet entitled " File: E-3A, Indian Point Evacuation," which contains copies of all of the documents regt-sted which have been found in the files of MTA and Conrail. A list of the documents contained in that packet is attached to this Response as Appendix A.

ll s

j 6. Interrogatory:

Please list all closings or delays in the MTA facilities listed in (2) or (3) due to construction, breakdowns, labor actions, operator error, or adverse weather for the past five years. Include the cause, effect, and duration of the dis-ruption of service. Indicate what steps were taken to com-nensate. If the records are available, list all such closinge since 1962, the year Indian Point Unit 1 began operation.

Response

MTA objects to this interrogatory on the grounds that it is overbroad and lacks specificity. Use of the words "all,"

"cause," effect," and " compensate" are ambiguous and un-I answerable in their present form and use. Requesting informa-tion going back in time five years and twenty years is clearly ,

beyond the scope of material relevant to this proceeding as it concerns current evacuation plans. Further, this interroga-tory is unduly burdensome and to even attempt to answer it would involve the MTA in great expense and the diversion of an indeterminate number of man-hours. However, without waiving any of its objections, MTA will provide WESPAC with an example of the. Conrail Daily Operation report for the Harlem, Hudson and New Haven lines, and an example of the monthly performance summary which summarizes the daily reports on a monthly basis.

The Daily Report is kept for one yeEr in Conrail's files. The monthly performance summaries from June 1978 - April 1982 are in MTA's files. Arrangements can be made to view these by contacting Renee Schwartz at (212) 867-5500.

Additionally, MTA refers WESPAC to its answers to inter-rogatories numbers 4 and 8 herein, which address the , question of performance in the event of an Indian Point evacuation.

8. Interrogatory:

Is the Metropolitan Transportation Authority confident that the transportation facilities it is involved with would per-form satisfactorily in the event of an accident at Indian Point? If not, what improvement would the MTA like to see?

_9-

D 4

Response

MTA objects to this interrogatory on the grounds that it is ,

overbroad and lacks specificity. Use of the words "confi-dent," " transportation facilities" and " satisfactorily" are ambiguous and unanswerable in their present form and use.

Further, the involvement of MTA and Conrail in planning for evacuation of the Indian Point area has been quite limited, as described above in the Preliminary Statement. The CEOP was prepared using the assumptions of ridership numbers, pick-up location and desired destination distance which were furnished by Parsons Brinckerhoff. The final plan was limited to a routing, scheduling and notification plan based on these as-sumptions and on the assumption that the normal Hudson line schedule, capacity and equipment availability would be essen-tially the same as they were when the plan was prepared.

To the extent that these assumptions are still valid, we believe the Hudson line has the capacity to carry out its part of the evacuation program as outlined in the CEOP. We have not had sufficient involvement with the development of the assumptionc provided to us or with other aspects of the development of the emergency evacuation plans to express an opinion regarding the overall performance of all MTA and

Conrail transportation facilities in the event of an accident at t Indian Point, or to express any opinion as to changes we would like to see.

Respectfully submitted, l

lbruW R6 nee Schwartz Paul Chessin, Laurens R. Schwartz .

Margaret Oppel Attorneys for MTA

~

Botein, Hays, Sklar S Herzberg

. 200 Park Avenue New York, New York 10166 Dated: May 28, 1982 9

o 9

e i

M VERIFICATION

?

STATE OF NEW YORK )

COUNTY OF NEW YORK )

G. R. BUTT, being dulysworn, deposes and says :

That he is the Regional Superintendent - Operations Improvement for Consolidated Rail Corporation (" Conrail"), which operates the commuter rail service of Westchester and Putnam ,

Counties under service contracts with the Metropolitan Transpor-tation Authority and the Connecticut Department of Transportation; that he is authorized to make this verification on behalf of Conrail corporation; and that he has reviewed the foregoing answers to inter-rogatories and that to the extent they relate to Conrail, has found .

them to be true and correct to the best of his knowledge, information and belief.

G. R. BUTT G

Sworn to before me this 28th dcy of May 1982.

Notary Public V/ ALTER E. ZULUG. JR.

Notary Pubhc. State of New Yorld No. 60-9820426 1 Duahfied in Westchester Courty Commission Empires March 30.1954

? VERIFICATION STATE OF NEW YORK )

SS.:

COUNTY OF NEW YORK )

Walter E. Zullig, Jr., being duly sworn, deposes and says:

That he is counsel to Metro-North Commuter Rail Division, Metropolitan Transportation Authority; that he is authorized to make this verification on behalf of said Authority; and that he has reviewed the foregoing answers to interrogatories and that to the extent they relate to MEA, has found them to be true and correct to the best of his knowledge, information and belief.

/ f ,

4/Xa, N WALTER E. ZULLIG, JR. '"

s Sworn to before me this 28th day of May 1982 '

/AY/fn, -

111b

[ NbTARY PUBLIC ARLEEN M. tfURO '

Notary Pubne, Sta:e of New Yorff Ouatihed n New YCounty Commission Spkes Maren 30,1983

Appendix A Contents of " File: E-3A, Indian Point Evacuation." ,

1. Letter from John C. Brons (Resident Manager, Indian Point 3 PASNY, to Joseph F. Spreng (General Manager, Conrail) dated 4/1/82.

2. Indian Point Emergency Evacuation Operating Plans Coordinated Emergency Operating Program Appendix III-D, dated January 1981. ,

3. List of members of Radiological Emergency Preparedness Group, dated 2,10/82.

4. Memo from G.R. Butt (Regional Superintendent - Operations Improvement, Conrail) to Joseph F. Spreng, dated 3/1/82.

5. Letter from G.R. Butt to Michael S. Della Rocca (Parsons Brinckerhoff), dated 6/25/81.

~'

6. Memo from Peter E. Stangl (President, Metro North Commuter Rail Division, MTA) to Joseph F. Spreng, dated 6/24/81.

7. Letter of Transmittal from Michael Della Rocca'to Thomas Propersi (Conrail), dated 6/15/81.

8. Letter from Michael Della Rocca.to G.R. Butt, dated 3/13/81. ,

9. Letter of Transmittal from Parsons Brinckerhoff to Alan Nelson (PASNY).

10. Letter from G.R. Butt to Michael Della Rocca, dated 6/16/81.

11. Letter from Joseph F. Spreng to Peter E. Stangl, dated 6/16/81. ,

12. Letter from Joseph F. Spreng to John C. Brons, dated 6/11/81.

13. Letter from John C. Brons to Joseph F. Spreng, dated 6/4/81.

14. Letter from G.R. Butt to Michael Della Rocca dated 3/10/81.

15. Memo from G.R. Butt to J.S. Lotz (Conrail) dated 1/27/81.

UNITED STATES OF AMERICA M ' ' I/E

, NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD .gg , , , 3 p)) ;33 Before Adminstrative Judges:

Louis J. Carter, Chairman M

't . ,

Frederick J. Shon ~ -:~

Dr. Oscar H. Paris

__.___________________x In the Matter of  :

Docket Nos.

CONSOLIDATED EDISON COMPANY OF NEW YORK, 50-247 SP INC. (Indian Point, Unit No. 2)  : 50-286 SP POWER AUTHORITY OF THE STATE OF NEW YORK (Indian Point, Unit No. 3)  : May 29, 1982

_____________________x ..

CERTIFICATE OF SERVICE I hereby certify that copies of MTA'S RESPONSES TO WESPAC'S first set of INTERROGATORIES in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, this 29th day of May, 1982.

Docketing and Service Branch Ellyn R. Weiss, Esq.

Office of the Secretary William S. Jordan, III,' Esq.

U.S. Nuclear Regulatory Harmon & Weiss Commission . 1725 I Street, N.W., Suite 506 Washington, DC 20555 Washington, DC 20006 Loui~s J. Carter, Esq., Chairman Joan Holt, Project Director Administrative Judge Indian Point Project Atomic Safety and Licensing New York Public' Interest Board Research Group 7300 City Line Avenue 5 Beekman Street Philadelphia, PA 19151 New York, NY 10038

Dr. Oscar H. Paris John Gilroy, Westch' ester*

, Adminstrative Judge Coordinator Atomic Safety and Licensing Indian Point Project

• U.S. Nuclear Regulatory New York Public Interest Commission Research Group Washington, DC 20555 240 Central Avenue White Plains, NY 10606 Mr. Frederick J. Shon Janice Moore, Esq.

Administrative Judge Counsel for NRC Staff Atomic Safety and Licensing Office of the Executive Board Legal Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 . Washington, DC 20555 Mark L. Parris, Esq. Jeffrey M. Blum Esq.

Eric Thorson, Esq. , New York University Law County Attorney School County of Rockland 423 Vanderbilt Hall 11 New Hempstead Road 40 Washington Square South New City, NY 10956 New York, NY 10012 Joan Miles Charles J. Maikish, Esq.

Indian Point Coordinator Litigation Division New York City Audubon Society The Port Authority of 71 West 23rd St., Suite 1828 New York and New Jersey New York, NY 10010 One World Trade Center New York, NY 10048 Greater New York Council on Ezra I. Bialik, Esq.

Energy Steve Leipsiz, Esq.

c/o Dean R. Corren, Environmental Protection Bureau Director New York State Attorney New York University General's Office 26 Stuyvesant Street Two World Trade Cente'r' New York, NY 10003 , New York, NY 10047 Atomic Safety and Licensing Alfred B. Del Bello Board Panel Westchester County Executive U.S. Nuclear Regulatory Westchester County Commission 148 Martine Avenue Washington, DC 20555 New York, NY 10601 Andrew S. Roffe, Esq. Atomic Safety and Licensing New York State Assembly Appeal Board Panel Albany, NY 12248 U.S. Nuclear Regulatory Commission Washington, DC 20555 1

. }

Geoffrey Cobb Ryan Honorable Richard L. Brodsky Conservation Committee Member of the County >

r Chairman, Directer Legislature New York City Auducon Society Westchester County *

-71 West 23rd St., Suite 1828 County Office Building New York, NY 10010 White Plains, NY 10601 Stanley B. Klimberg Pat Posner, Spokesperson General Counsel Parents Concerned About New York State Energy Office Indian Point 2 Rockefeller State Plaza P.O. Box 125 Albany, NY 12223 Croton-on-Hudson, NY 10520 Honorable Ruth Messinger Charles A. Scheiner, Member of the Council of the Co-Chairperson City of New York .Westchester People's Action District No. 4 Coalition, Inc.

City Hall P.O. Box 488 New York, NY 10007 White Plains, NY 10602 Richard M. Hartzman, Esq. Alan Latman, Esq.

Lorna Salzman 44 Sunset Drive Friends of the Earth, Inc. Croton-on-Hudson, NY 10520 208 West 13th Street' New York, NY 10011 Mayor George V. Begany Zipporah S. Fleisher Village of Buchanan West Branch Conservation 236 Tate Avenue Association Buchanan, NY 10511 443 Buena Vista Road New City, NY 10956 Amanda Potterfield, Esq. Judith Kessler, Coordinator P.O. Box 384 Rockland Citizens for Safe Village Station Energy New York, NY 10014 300 New Hempstead Road ^

New City, NY 10956 Jonathan D. Feinberg David H. Pikus, Esq.

Staff Counsel, Public Service Richard F. Czaja, Esq.

Commission 330 Madison Avenue Appearing for Stanley Klimberg New York, NY 10017 General Counsel, New York State Energy Office New York State Public Service Commission Three Empire State Plaza Albany, NY 12223 Brer.t ' .. Brandenburg, Esq. Charles M. Pratt, Esq.

Assistant General Counsel Thomas R. Frey, Esq.

• Consolidated Edison Co. of Power Authority of the State New York, Inc. of New York

• 4 Irving Place 10 Columbus Circle New York, NY 10003 New York, NY 10019 Paul F. Colarulli, Esq.

- Joseph J. Levin, Jr., Esq.

Pamela S. Horowitz, Esq.

Charles Morgan, Jr., Esq.

Morgan Associates, Chartered Attorneys for the Power ~_

Authority of the State of i New York 1899 L Street, N.W.

Washington, DC 20036 N d Margaretjs. Oppel (f P

y 7 -w y p- am-my g ---.,,Tyw m -ayww cp y%,ar- 4-m,r ---wp-

• y- am9g q .9 w.u.4r yy g f.w-p ,,m -

y gm9~ g