ML20080H269

Response & Objections to Request for Production of Documents.Certificate of Svc Encl

ML20080H269
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	09/16/1983
From:	Monaghan J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	SUFFOLK COUNTY, NY
References
ISSUANCES-OL-3, NUDOCS 8309210225
Download: ML20080H269 (13)

Text

=

September Wg $3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION h y20 #0:is SECRn y v BeforetheAtomicSafetyandLicensingBoard(f7,{jgf?vp g t

In the Matter of )

) .

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

) (Emergency Planning Proceeding)

(Shoreham Nuclear Power Station, )

Unit 1) )

LILCO'S RESPONSES AND OBJECTIONS TO SUFFOLK COUNTY'S REQUEST FOR PRODUCTION OF DOCUMENTS BY LONG ISLAND LIGHTING COMPANY Pursuant to 10 C.F.R. $ 2.741 of the Nuclear Regulatory Com-mission's Rules of Practice, Long Island Lighting Company, by counsel, sets forth its responses and objections to Suffolk County's Request for Production of Documents by Long Island Lighting Company.

I. General Objections Long Island Lighting Company makes the following general objections to each of Suffolk County's requests for production of documents.

1. LILCO objects to Suffolk County's requests for produc-tion of documents to the extent that they seek disclo-sure of information protected by the attorney-client privilege, the work product doctrine, or any other ap-plicable privilege or doctrine.

8309210225 830916 PDR ADOCK 05000322 h

0 PDR

2. LILCO objects to Suffolk County's requests for produc-tion of documents to the extent that they are overly broad, unduely burdensome, and seek information not reasonably calculated to lead to the discovery of admis-sible evidence.

3. LILCO objects to Suffolk County's requests for produc-tion of documents to the extent that they call for in-formation in a form different from that maintained by LILCO in the ordinary course of its business.

4. LILCO objects to Suffolk County's requests for produc-tion of documents to the extent that they seek informa-tion and documents not in the possession, custody or control of LILCO or LILCO's consultants.

5. LILCO objects to Suffolk County's requests for produc-tion of documents to the extent that they attempt to en-pand the burdens imposed by the Nuclear Regulatory Com-mission's Rules of Practice.

6. LILCO objects to Suffolk County's requests for produc-tion of documents to the extent that they require LILCO and its consultants to produce for inspection and copy-ing numerous documents at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips rather than at the offices of LILCO or LILCO's consultants.

II. RESPONSES AND OBJECTIONS TO REQUEST FOR PRODUCTION Suffolk County Request for Production No. 1 Provide a copy of the mailing list or lists for LILCO's ,

" Keeping Current" newsletter.

LILCO's Response to Suffolk County Request for Production No. 1 LILCO objects to Request for Production No. 1 on the grounds that the mailing list for " Keeping Current" constitutes confiden-tial and proprietary, client, customer, and business information.

Without waiving its objection, LILCO states that the mailing list for " Keeping Current" is LILCO's customer list for persons residing within the 10-mile EPZ and that 41,642 addresses within the EPZ receive the " Keeping Current" newsletter.

Suffolk County Request for Production No. 2 Provide copies of all documents, other than those already provided,-concerning the preparation of the LILCO Transition Plan and any revisions thereto.

LILCO's Response to Suffolk County Request for Production No. 2 LILCO objects to Request for Production No. 2 on the ground that it is unfocused, overly broad and unduely burdensome. With-out waiving its objection, LILCO states that since work began on the LILCO Transition Plan in March 1983, between 10 and 30 people have worked full time on the LILCO Transition Plan and have produced tens of thousands of documents concerning the preparation of the plan and revisions thereto.

l l

l l

I N E

- Suffolk County Request for Production No. 3 Provide copies'of all documents concerning evacuation time

- estimates, traffic congestion or conditions, roadway capacities, public mobilization, and evacuation headways in the event of a radiological emergency at Shoreham, other than those identified in

~i the index of documents available for review at KLD, provided by counsel for LILCO on August 10, 1983.

LILCO's Response to Suffolk County Request for Production No. 3 LILCO objects to this request on the grounds that it seeks

. disclosure of information protected by the work product doctrine.

The following documents are protected work product:

Letter to Kathy E. B. McCleskey from Edward Lieberman, January 5, 1983, transmitting at-tached comments on PRC Voorhees' " Volume III

-- Preliminary Evacuation Time Estimates for the Shoreham EPZ" Letter to James N. Christman from Edward

• Lieberman, September 23, 1982, comments on PRC Voorhees' " Preliminary Evacuation Analyses" 2 Letters to James N. Christman from Reuben Goldblatt, September 13, 1983, analysis of documents that may be produced in discovery.

LILCO further objects on the grounds that Document Request No. 3 seeks production of volumes of computer printouts for inspection of copying at the Washington, D.C. offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips rather than at the offices-of KLD Associates. Subject to the foregoing objections, 1

l

-w ,,- e-- ---neeme .~w -m-,er-,-,e ya r-- , ,,+vp w --,.-w.m . , - , ,,m-,,-- ,-n.-,.v,-w,,,p,. - - , , . - ---n ,e. ,, m

responsive documents from KLD Associates will be made available for inspection and copying at a time and place to be agreed upon by counsel. Enclosed are other responsive documents.

Suffolk County Request for Production No. 4 Provide an up-to-date resume of, and all studies, papers, articles, reports, books and other such documents, published or unpublished, concerning emergency planning, offered or prepared by, each of the persons LILCO intends to call as a witness, including those identified in response to Suffolk County Request 1 of July 18, 1983.

LILCO's Response to Suffolk County Request for Production No. 4 Enclosed with this response are resumes for all persons listed as witnesses in response to Suffolk County-Request 1 of July 18, 1983. At this time, those persons listed in response to Suffolk County Request 1 of July 18, 1983 constitute the only per-sons whom LILCO anticipates it will call as witnesses. Please find enclosed a copy of " Application of the Dynev Model for Evaluating An Emergency Evacuation Plan For the Indian Point Power Plant" authored by KLD Associates, Inc. and "FFTF Facility Emer-gency Organization" authored by Ronald A.'Varley. In addition, David N. Richardson has prepared a number of studies for PASNY that cannot be released without the permission of PASNY. The ti-ties of the studies prepared for PASNY are: " Report on Temporary

Housing Needs Related to Evacuation of the Indian Point River Plant Area" (June 1980); "Results of Emergency Planning Survey Around Indian Point Plants" (June 1981). "Results of Focus Group Discussions of Indian Point Emergency Preparedness Brochure" (July 1981); and " Indian Point Siren Verification Study" (March 1982).

Dr. Russe,ll R. Dynes has authored the documents.that concern emer-gency planning as indicated by a check mark on his resume, which is enclosed. All of the documents are available publicly.

Suffolk County Request for Production No. 5 Provide copies of all redarks or statements, read as part of LILCO's presentation to Governor Cuomo's Shoreham Commission at the Commission's hearing on June 28, 1983, other than the presen-tation by Matthew Cordaro- .

LILCO's Response to Suffolk County Request for Production No. 5 In addition to the presentation by Matthew Cordaro, the fol-lowing persons made remarks or-statements during LILCO's presenta-tion to Governor Cuomo's Shoreham Commission: Dr. Dennis S.

Mileti, Dr. Russell R. Dynes, and Edward B. I.ieberman. Copies of some of the viewgraphs used by Mr. Lieberman are enclosed. The remaining viewgraphs were destroyed during the cuomo Commission's hearing on June 28, 1983, as the. result of a defective projector.

Professor Mileti and Professor Dynes each made his remarks from a few notes; those notes were discarded shortly after the presentation.

Suffolk County Request for Production No. 6 Provide copies of all training materials, and procedures, manuals or other materials used by LILCO or its employees in preparing for, or responding to, non-nuclear emergencies.

LILCO's Response to Suffolk County Request for Production No. 6 LILCO objects to Document Request 6 on the grounds that it seeks production of a large quantity of documents for inspection and copying at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips in Washington, D.C. rather than at the of-fices of LILCO. Subject to the foregoing objection, responsive documents will be made available for inspection and copying at a time and place to be agreed upon by counsel.

Suffolk County Request for Production No. 7 Provide copies of all documents that were or are intended to be distributed to LILCO personnel subsequent to February 1, 1982, concerning emergency planning at Shoreham, including, but not lim-ited to, documents concerning participation of LILCO employees in offsite emergency planning, LERO, or LERO training.

LILCO's Response to Suffolk County Request for Production No. 7 See LILCO's Response of September 6, 1983 to Suffolk County Interrogatory No. 12 and the documents enclosed with that re-sponse.

S,uffolk County Request for Production No. 8 Provide copies of all documents concerning Reuben Goldblatt's derivation of estimated route times for evacuation buses, including documents upon which such estimates were based.

LILCO's Response to Suffolk County Request for Production No. 8 LILCO objects to Document Request 8 on the grounds that it seeks production of documents for inspection and copying at the offices of Kirkpatrick, Lockhart, Hill, Christopher & Phillips in Washington, D.C. rather than at the offices of KLD Associates.

Subject to the foregoing objection, responsive documents will be made available for inspection and copying at a time and place to be agreed upon by counsel. LILCO states further' that in response to modifications in. bus r'oute travel times, which were'noted in the bus route travel times memorandum of August 4, 1983, already produced to Suffolk County, the bus schedules were revised as well as the route structure in Zone G. The revised bus schedules, a.

revised Zone G route map, and a one page memorandum relating the schedules and map to the August 4 memorandum are enclosed.

Suffolk County Request for Production No. 9 Provide copies of all documents analyzing, studying, evaluating or otherwise concerning the notification and evacuation of elderly and handicapped persons within the EPZ.

_g.

LILCO's Response to Suffolk County Request for Production No. 9 Special notification and evacuation needs of persons living within the plume exposure EPZ are presently being determined (see LILCO's Response to Interrogatories No. 21). LILCO is in the pro-cess of reevaluating the evacuation and notification needs of those persons living in nursing homes (see LILCO's Response of September 6, 1983 to Suffolk County Interrogatory No. 6 and docu-ments enclosed with that response).

Suffolk County Request for Production No. 10 Provide copies of LILCO's agreements with Texaco and Agway referred to in LILCO's response to Suffolk County Request 32 of July 18, 1983, and provide copies of all documents concerning either or both of those agreements.

LILCO's Response to Suffolk County Request for Production No. 10 Copies of the agreements with Texaco and Agway are attached.

Suffolk County Request for Production No. 11 Provide copies of all communications between LILCO and the New York Telephone Company concerning services relating to emer-gency preparedness at Shoreham.

LILCO's Response to Suffolk County Request for Production No. 11 LILCO has obtained a Letter of Agreement with New York Tele-phone Company to provide priority restoration to the LILCO EOC. A copy of that letter is attached. By this response, LILCO

_10 supplements its response to Suffolk County Request 73 of July 18, 1983, which was given prior to the execution of the Letter ef 4

Agreement.

The only other documents responsive to this request for com-munications between LILCO and the New York Telephone Company regarding emergency planning for Shoreham have been the placing of orders for telephones at various LERO facilities. Copies of these orders are being sent to you under separate cover. -

Suffolk County Request for Production No. 12 In its response to Suffolk County Request 94 of July 18, 1983, LILCO referred to " documents relied on in preparation of Ap-pendix A." Identify such documents, and provide copies.

LILCO's Resconse to Suffolk County Request for Production No. 12 The documents referred to in LILCO's response to Request 94 of July 18, 1983, are: "Suffolk Co nty Radiological Response Plan", "The Transportation Element for Evacuation in the Vicinity of the Shoreham Nuclear Power Station", and the National Center for Telephone Research Survey. Suffolk County already posseses copies of these documents.

Suffolk County Request for Production No. 13 Provide copies of all " periodic newsletters mailed to the en-tire EPZ population" subsequent to February 1, 1982. (See re-sponse to first NSC Request 10).

11-LILCO's Response to Suffolk County Request for Production No. 13 The periodic newsletter mailed to the entire EPZ population is " Keeping Current", which has been provided to suffolk County.

See LILCO's response to Suffolk County Informal Discovery Request-13 of July 18, 1983 and the documents enclosed with that response.

Respectfully submitted, Oaxa d. W ssi e k. . ghan-Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: September 16, 1983

LILCO, September 16, 1983 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322-OL-3 I, Jessine A. Monaghan, hereby certify that a copy of LILCO'S RESPONSE AND OBJECTIONS TO SUFFOLK COUNTY'S REQUEST FOR PRODUCTION OF DOCUMENTS BY LONG ISLAND LIGHTING COMPANY was served this date upon the tollowing by first-class mail, post-age prepaid, or by Federal Express (as indicated by an aster-isk).

James A. Laurenson,* Secretary of the Commission Chairman U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D.C. 20555 U.S. Nuclear Regulatory Con.missiori Atomic. Safety and Licensing East-West Tower, Rm. 402A Appeal Board Panel.

4350 East-West Hwy. U.S. Nuclear Regulatory Bethesda, MD 20814 Commission Washington, D.C. 20555 Dr. Jerry R. Kline*

Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission

East-West Tower, Rm. 427 Washington, D.C. 20555 4350 East-West Hwy.

Bethesda, MD 20814 Bernard M. Bordenick, Esq.*

David A. Repka, Esq.

Mr. Frederick J. Shon* Edwin J. Reis, Esq.

Atomic Safety and Licensing U. S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory 7735 Old Georgetown Road Commission (to mailroom)

East-West Tower, Rm. 430 Bethesda, MD 20814 4350 East-West Hwy.

Bethesda, MD 20814

9 Eleanor L. Frucci, Esq.* Stewart M. Glass, Esq.*

Attorney Regional Counsel Atomic Saf*.ty and Licensing Federal Emergency Management Board Panel Agency U. S. Nuclear Regulatory 26 Federal Plaza, Room 1349 Commission New York, New York 10278 East-West Tower, North Tower 4350 East-West Highway Stephen B. Latham, Esq.*

Bethesda, MD 20814 Twomey, Latham & Shea 33 West Second Street David J. Gilmartin, Esq. P.O. Box 398 Attn: Patricia A. Dempsey, Esq. Riverhead, New York 11901 County Attorney Suffolk County Department Ralph Shapiro, Esq.*

of Law Cammer &-Shapiro, P.C.

Veterans Memorial Highway 9 East 40th Street Hauppauge, New York 11787 New York, New York 10016 Herbert H. Brown, Esq.* James Dougherty, Esq.*

Lawrence Coe Lanpher, Esq. 3045 Porter Street ,

Christopher McMurray, Esq. Washington, D.C. 20008 Kirkpatrick, Lockhart, Hill Christopher & Phillips Howard L. Blau 8th Floor 217 Newbridge Road 1900 M Street, N.W. Hicksville, New York ~11801 Washington, D.C. 20036 Jonathan D. Feinberg, Esq.

Mr. Marc W. Goldsmith New York State Energy Research Group Department of Public Service

] 4001 Totten Pond Road Three Empire State Plaza Waltham, Massachusetts 02154 Albany, New York 12223 MHB Technical Associates Spence W. Perry, Esq.*

1723 Hamilton Avenue Associate General Counsel Suite K Federal Emergency Management San Jose, California 95125 Agency 500 C Street, S.W.

Mr. Jay Dunkleberger Room 840 New York State Energy Office Washington, D.C. 20472 Agency Building 2 Empire State Plaza Ms. Nora Bredes Albany, New York 12223 Executive Coordinator Shoreham Opponents' Coalition 195 East Main Street Smithtown, New York 11787

]4cf//0 Monagha

// ' Jessine A.

Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond,-Virginia 23212 DATED: September 16, 1982