ML20077J538

Interrogatories to NRC & FEMA

ML20077J538
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/12/1983
From:	Birkenheier J KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Federal Emergency Management Agency, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
Shared Package
ML19271C580	List: ML20077J538 ML20077J542 ML20077J547 ML20077J551 ML20077J553 ML20077J554
References
NUDOCS 8308160500
Download: ML20077J538 (15)

Text

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NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board i

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In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322

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(Shoreham Nuclear Power Station, )

Unit 1) ) '

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SUFFOLK COUNTY INTERROGATORIES TO THE NRC STAFF AND FEMA J

Pursuant to 10 CFR SS2.720(h)(2)(ii) and 2.740b, the NRC /.

} Staff and FEMA are requested by Suffolk County to answer sepa-rately and fully, under oath, each of the interrogatories set-

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forth below, within fourteen (14) dayslafter service hareof.

Interrogatories directed to the NRC Staff are set forth in Part I; those directed to FEMA are set forth in Part II.

DEFINITIONS AND INSTRUCTIONS FOR ANSWERING INTERRGGATORIES 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 constr'ued either" dis-l 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'discov-l ery requests.

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

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f D. The term " person" includes any natural person, firm, 1

partnership, educational institution, joint venture, corpora- I tion, and any foreign'or domestic government organization (including military and civilian), or group of natural persons or such entities.

. E; The term "information" shall be expansively construed and shall include, but'not be limited to, facts, data, theories, analyses, opinions, images, impressions, concepts and formulae.

-F. The term " document" means any tangible thing from or on which information can be stored, recorded, processed,

.transmitded, inscribed, or memorialized in any way by any means regardless of technology or. form and including but not being

-limited to: papers, books, accounts, newspaper and magazine ar-ticles, letters, photographs, objects, tangible things, corre-

, spondence, telegrams, cables, telex messages, memoranda, notes, notations, work papers, drawings, blueprints, plans, specifica-tions, manuals, procedures, transcripts, minutes, reports and recordings of telephone or other conversations, or of interviews, or of conferences, or of other meetings, occur-

-rences, or transactions, affidavits, transcripts of depositions or hearings, statements, summaries, opinions, reports, tests, experiments, analyses, evaluations, contracts, agreements, "2 --

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ledgers, journals, boo'ks or records of account, receipts, s

statistical records, desk calendars, appointment books, ,

4 diaries, lists, tabulations, sound recordings, computer

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printouts, data processing input and output, microfilms, all other records kept by electronic, photographic or mechanical means, and things similar'to any of the' foregoing. Each copy 2

of a docum,ent which contains any separate notations or writings thereon, and each draft of a document which differs in any way from the final version of the document, shall be deemed to be a separate document for purposes of these discovery requests.

[ Versions of a document which differ in clearly non-substantive and unimportant ways from other versions of the document do not need to be co'nsidered a separate document.]

G. The term " communication" includen every exchange of information by any means.

t H. The term "LILCO" or "LILCO personnel" means Long Is-land-Lighting Company, and any affiliate, agent, employee, con-sultant, cob.tractory technical advisor, representative (including, without limitation, attorneys and accountants and

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their respective agents'and employees), 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.

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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 Shoreham.

J. The term " contractor" means any person, not affili-ated with the NRC Staff or FEMA, who performed work concerning Shoreham, on behalf of the NRC Staff or FEMA and/or pursuant to a contract with the NRC Staff or FEMA. The term "subcontrac .

tor" means any person, not affiliated with the NRC Staff or FEMA, who performed work of any kind concerning 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.

L. Whenever in the interrogatories there is a request to identify a person that is a natural person, set forth:

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(1) his name; (2) his last known residence address; (3) his last known business address; (4) his last known employer; (5) his title or position; (6) his areas of responsibility; (7) his business, professional, or other relation-ship with the NRC Staff or FEMA; and (8) if any of the above information has changed sub-sequent to the time period referenced in a particular interrogatory, set forth in the answer, and label appropriately, current infor-mation as well as the information applicable to the time referenced in the interrogatory.

M. Whenever in the interrogatories there is a request to identify a person that is not a natural person, state:

(1) the full name of such person; l (2) the nature or form of such person, if known; (3) the address of its principal place of business or the principal place where such person is to I be found; (4) whether the NRC Staff or FEMA has or has had any relationship or affiliation with such person, J

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e its affiliates or subsidiaries, and, if so, a description of such relationship; and (5) if any of the above information has changed sub-sequent to the time period referenced in a particular interrogatory, set forth in the answer, and label appropriately, current infor-mation as well as the information applicable to the time referenced in the interrogatory.

N. Whenever in the interrogatories there is a request to identify or describe a document:

(1) set forth:

(a) the date of the document; (b) the type or nature of the document; (c) the length of the document; (d) the location of the document; (e) a brief description of the contents of the document; and (2) identify:

(a) the author, signatories and any other person who originated, prepared or partici-pated in the preparation of the document; (b) all persons to whom the document was addressed and all persons to whom copies of.

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the document were to be or have been sent; and (c) all persons whom the NRC Staff or FEMA knows or believes to have possession, cus-tody or control of the document and of any copies thereof.

O. Whenever in the interrogatories there is a request to identify a communication:

(1) state:

(a) the date of the communication; (b) the place of the making and the place of receipt of the communication; (c) the type and means of communication; (d) the substance of the communication; and (2) identify:

(a) each person maH ng the communicatian, and his location at the time the communication was made; (b) each person to whom the communication was made, and his location at the time the com-munication was made; (c) all other persons present during, participating in, or receiving the

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communication and the location of each such person at the time; (d) each document concerning such communica-tion; and

, (e) each document upon which the communication is based or which is referred to in the communication.

P. With respect to ,each interrogatory answer, identify each document which forms a basis for the answer given, is relied upon or which was reviewed, in whole or in part, in preparing the answers, or which in any way corroborates or concerns the answer given. A document to be so identified may be produced in lieu of the elements of such identification. In such case, however, please identify the document in the answer to the interrogatory in sufficient detail so that Suffolk Coun-ty can readily locate the document among all documents produced by the NRC Staff or FEMA.

Q. Where exact information cannot be' furnished, estimated information should be supplied to the extent possible. Where estimated information is used, the answer should so state and should indicate the basis upon which the estimate was made. If possible, the-upper and lower boundaries of the estimate should be given.

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1 R. If the NRC Staff or FEMA objects to or claims a privilege (attorney-client, work product, or otherwise) with respect to any interrogatory, in whole or in part, or seeks to withhold documents or information because of the alleged pro-prietary nature of the data, set forth all reasons and the l

underlying factual basis for the objection or claim of privilege in sufficient detail to permit the Board to determine the validity of your objection or claim of privilege. This de-scription by the NRC Staff or FEMA should include with respect j to any 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, at-tachments or appendices, all per' sons to whom distributed, shown 1

or explained, present custodian, all persons believed to have a copy of the document, and the nature of the privilege or

! objection asserted.

S. If any document called for herein has been destroyed, that document is to be identified as in "R" above. The NRC Staff or FEMA also is requested to state the date of destruc-tion, place and manner of destruction, persons authorizing de-struction and person destroying the document.

T. Information furrished in answer to an interrogatory may be furnished by reference to the answer provided for

t another interrogatory, provided the other referenced answer fully responds to each request for information contained in the interrogatory. Separate answers should be provided for each interrogatory and each subpart thereof, unless a complete j i l answer to each interrogatory may best be presented through I combining answers. The County is interested in this regard in receiving the relevant data asked for and any means of providing such data wh'ich is less time-consuming for the re-sponder but which is nevertheless complete will satisfy the intent of these interrogatories.

U. Each interrogatory shall be construed to impose upon the NRC Staff or FEMA the continuing obligation to supplement the answer thereto as required by the NRC's Rules of Practice.

V. As used herein:

(1) " Analysis" means research, investigation, audit, inspection, review, evaluation, testing, moni-i i

toring, or any other method or form of examining data and/or forming conclusions or recommenda-tions.

(2) "NRC" or "NRC Staff" means the Nuclear Regulato-ry Commission and its staff, any division or

! section thereof, any staff member thereof, or any agent, consultant, contractor, technical

i advisor, employee, or representative (including i but not limited to attorneys and accountants and their employees and agents) of the NRC.

(3) " FEMA" means the Federal Emergency Management Agency and its staff, any division or section thereof, any staff member thereof, or any agent, consultant, contractor, technical advisor, em-ployee, or representative (including but not limited to attorneys and accountants and their employees and agents) of FEMA.

W. If the NRC Staff or FEMA is unable to answer any in-terrogatory or portion thereof, identify the person whom the NRC Staff or FEMA believes has the knowledge or information which the interrogatory addresses.

INTERROGATORIES Part I NRC Staff

1. Identify the date, location and proceeding of all prior testimony given by each of the following persons before any judicial, administrative or legislative body (including deposition testimony):

(a) John Sears (b) Thomas Urbanik l

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2. Other than the persons and entities identified in Mr.

Bordenick's letter of August 5, 1983, identify any other consultants which the NRC Staff has retained or intends to retain to review, analyze, or comment in any manner on the LILCO Transition Plan or any other offsite emergency plan for the Shoreham plant. What is the schedule for any such reviews, analyses or comments?

3. Other than that performed by or on behalf of FEMA, de-scribe the analyses and evaluations, if any, which the NRC Staff intends to perform or have performed of the LILCO Transition Plan or any revisions of the LILCO Transition Plan.

4. What is the schedule for Mr. Urbanik's review and analysis of the LILCO Transition Plan?

5. Identify all NRC Staff personnal who discussed, reviewed or commented upon studies, analyses or reviews by Battelle or its subcontractors, including, but not limited to Thomas Urbanik, concerning Shoreham.

3 6. Identify all studies, reviews, analyses or other such tasks (other than providing testimony) that Thomas Urbanik has conducted for the NBC, either directly or indirectly as a subcontractor.

Part II -- FEMA

1. Identify the subject areas upon which each of the follow-ing FEMA witnesses identified by the NRC will be testi-fying before the ASLB in this case:

(a) Roger B. Kowieski (b) Fred Sharrock (c) Edward Tanzman

2. Identify the date, location and proceeding of all prior testimony given by any of the witnesses identified in Re-quest 1 before any judicial, administrative or legislative body.

3. Identify the positions with Argonne National Laboratory

("Argonne") or FEMA held by the following persons:

(a) Chris Saricks (b) Kenneth Lerner (c) Phyllis Becherman (d) James H. Opelka (e) Gary Johnson (f) Richard Krimm (g) Jeffrey Bragg (h) George Jett (i) Spence Perry

.(j) Frank Petrone (k) Phil McIntire

4. Other than the persons and entities identified in Mr.

Bordenick's letter of August 5, 1983, identify any other consultants which FEMA has retained or intends to retain to review, analyze, or comment in any manner on the LILCO Transition Plan or any other offsite emergency plan for I

l the Shoreham plant. What is the schedule for any such reviews, analyses or comments?

5. Identify all studies, reviews, analyses or other such tasks, if any, that Thomas Urbanik has conducted for FEMA, either directly or indirectly as a subcontractor.

6. Does FEMA intend to review Revision 1 of the LILCO Transi-tion Plan? If yes, describe the schedule for such review, and identify the person or persons who will conduct the review.

7. Identify the FEMA personnel who requested, directed, or supervised the Argonne review of the LILCO Transition Plan.

8. Describe the subject areas of concentration and division of responsibilities, if any, of each of the Argonne re-viewers who reviewed the LILCO Transition Plan.

9. Describe the division of responsibility, and subject areas of concentration, if any, of each of the FEMA reviewers who reviewed:

(a) the LILCO Transition Plan (b) the Argonne review of the LILCO Transition Plan.

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Respectfully submitted, Dated: August 12, 1983 David J. Gilmartin Washington, D.C. Patricia A. Dempsey Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 Herbgtt H. Brown Lawrence Coe Lanpher Karla J. Letsche John E. Birkenheier KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 Attorneys for Suffolk County l

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