ML20082E061

Prehearing Rept Re Group I Issues as to Which Testimony Filed on 831118,per ASLB 831013 & 31 Orders.Certificate of Svc Encl

ML20082E061
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	11/22/1983
From:	Lanpher L KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:
References
ISSUANCES-OL-3, NUDOCS 8311280029
Download: ML20082E061 (3)

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t 8 y e DOCKETED November 22, ld$$E UNITED STATES OF AMERICA 13 50V 23 N1:32

-NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board

{FfC T f G' SER -

BRANCH

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In the Matter of. )

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

) (Emergency Planning)

'(Shoreham Nuclear Power Station, )

- Unit 1) )

)

SUFFOLK COUNTY PREHEARING REPORT

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With respect to the " Group I" issues as to which testimony-was filed on November 18, 1983 (i.e., Contention-23-(Evacuation Shadow Phenomenon), Contention 65 (Evacuation Time Estimates), and Contention 25 (Role Conflict)), Suffolk County hereby provides the information required by the Board's Orders of October 13, 1983 and October 31, 1983:

a. Stipulations The parties have entered into no stipulations at this time.

The County will be reviewing the testimony filed-by all parties to determine whether there are matters on which stipulations are

- possible. The Board will be promptly informed of any stipulations that may be agreed upon in the future.

b. Exhibits and Documentary Evidence The exhibits and documentary evidence upon which Suffolk County relies in its case in chief on the Group I issues are those identified ~in, as well as.those appenled as " Attachments" to, the 8311280029 831122 PDR ADOCK 05000322 G pon })

9- _ -

Direct Testimony-filed on November 18 on behalf of Suffolk County.

Exhibits and other documentary evidence to be offered during cross-examination of the witnesses for LILCO, the NRC Staff, and FEMA have not as yet been identified since we only received the other parties' testimony on November 18. We will keep the Board informed of such decisions as they are made in the future.

c. List of Witnesses The witnesses who will testify on behalf of Suffolk County, and the contentions upon which they will testify, are as stated in the Suffolk County Direct Testimony filed on November 18, 1983.

S.ch witnesses and the contentions on which they are testifying are identified again in part (f) of this filing.

d. Estimated Length of Time to Present Case Having just received the testimony filed by the other parties late in'the day on Friday, November 18, it is not possible to estimate with any accuracy the amount of time that will be necessary to conduct cross-examination of such testimony. At the time of the Conference of Counsel scheduled for December 1, 1983, we expect to be in a better position to make such an estimate and will be prepared to do so at that time. At this time, we can state that Suffolk County anticipates that its cross-examination of the LILCO witnesses who have testified on each of the contentions in Group I will be detailed and thus may take substantial time. Our best view right now is that given the volume of testimony filed on Group I issues, there is very little

chance that'the Board will be without issues to be heard during January 1983.

e. Status of Settlement No contentions have been settled by the parties.

f. Recommendation Ccncerning the Order or Sequence of Contentions-at Hearing Suffolk County believes that the Group I issues fall into two discrete sets: (1) role conflict and (2) evacuation shadow and time estimates. The shadow and time estimates issues should be grouped together for trial because each have direct bearing on the adequacy of evacuation as a protective action. Given the foregoing, Suffolk County suggests the following sequence:

Contention ~;25 (Role Conflict)

1. Cross-examination of LILCO witness panel;

2. Cross-examination of County witness panels in the following order:

Panel 1: Johnson, Erikson, Cole, Dilworth, and Harris; Panel 2: School and school administration affil-iated witnesses (Campo, Petrilak, Jeffers, Rossi, Muto and Smith);

Panel 3: School teacher witnesses (Zuckerman, Stalzer, etc.);

3.- Cross-examination of FEMA witness.

Contentions 23 (Shadow) and 65 (Time Estimates)

1. Cross-examination of LILCO witness panels in the following order:

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Panel \l: Witnessesion Contentions 23, 65.C.2, and 65.F; Panel'2: Witnesses on Contention 65; I Witnesses on Contentions 23.C, Panel 3:

23.D, and 23.H; 1/

2. Cross-examination of County witness panels in the following order:

Panel 1: Johnson, Ziegler, and Cole on Contention 23; Panel 2: .Saegert and SCPD witnesses on Contention 65 related to driver behavior issues; Panel 3: Herr, Pigozzi, Polk and SCPD

! witnesses on Contentions 23.D, 2:3 . H , and 65 (SCPD witnesses to be examined on that portion of testimony not covered in Panel 2);

-Panel 4: Finlayson, Minor and Radford (to 4

be accompanied by Herr, Polk, and Pigozzi.who will be available if assumptions / statements relating to time estimates come up);

3. Cross-examination of FEMA and Staff witnesses on evacuation time estimates and shadow.

1/ This panel'is listed third because the testimony relies in part on the KLD model, whose details are covered by Panel 2.

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The County recommends that the cross-examination of the Finlayson panel be -deferred until Group II. The reason is.that these witnesses will present very similar testimony on certain of the protective action contentions.

Thus, it makes sense that they be_ examined only one time. This will assist Dr. Radford who must return from Japan where he is conducting research.

The County attempted.to discuss the sequencing issues with LILCO_ counsel prior to filing this report, but substantive discussions were not possible. The County will attempt to have such conversations prior to December 1.

g. Additional Topics to be Discussed at Conference of Counsel Other than the additional topics listed in the- Board's Order of1 November 18, 1983, at this time Suffolk County is not aware of

.any additional topics to be discussed at the December 1 conference.

Respectfully submitted, David J. Gilmartin Patricia A, Dempsey Suffolk County Department of Law ,

Veterans Memorial Highway i Hauppauge, New York 11788 Herbert H. Browif 7 Lawrence Coe Lanpher Karla J. Letsche j KIRKPATRICK, LOCKHART, HILL, 1 CHRISTOPHER & PHILLIPS 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 Attorneys for Suffolk County I November 22, 1983

~

I

.r UNITED STATES OF AMERICA ~

NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board

. . )

In.the Matter of- )

)

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

) (Emergency Planning) '

-(Shoreham. Nuclear Power Station, )

Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY PREHEARING

. REPORT, dated November 22, 1983, have been served to the following this 22nd day of November 1983 by U.S. mail, first class, except as1otherwise noted.

James A. Laurenson, Chairman

• Ralph Shapiro,-Esq.

Atomic' Safety'and Licensing Board Cammer and Shapiro U.S. Nuclear Regulatory Commission 9 East 40th Street Washington, D.C. 20555 New York, New York 10016 Dr. Jerry R. Kline

• Howard L. Blau, Esq.

. Administrative Judge 217 Newbridge Road

-. Atomic Safety and Licensing Board Hicksville, New York 11801 U.S. Nuclear Regulatory Commission

. Washington, D.C. 20555' W. Taylor Reveley, III, Esq.#

Hunton & Williams P.O. Box 1535 707 East Main Street Mr. Frederick J. Shon

• 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 James B. Dougherty, Esq.

250 Old Country Road 3045 Porter Street, N.W.

Mineola, New York- 11501 Washington, D.C. 20008 s

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Ms. Brian ~ McCaffrey

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Stephen B. Latham,- Esq.

Long Island L ight ingl Company Twomey,.Latham & Shea

175 East.Old Country Road P.O. Box 398 Hicksville, New York 11801 33 West.Second Street Riverhead, New York 11901'

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'Jeff Smith' Marc W. Goldsmith' Shoreham Nuclear Power. Station Energy Research Group,.Inc..

.P.O.'~ Box 618 400-1 Totten Pond Road-

_;NorthjCountry Road'. Waltham,-Massachusetts:02154-

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Wading; River,,New York -11792-

["#oel-Blau,:

J Esq. ..

MHB Technical Associates

'New York Public Service Commission 1723 Hamilton Avenue The Governor Nelson A. Rockefeller' Suite K

.n: Building San Jose, California 95125 Empire-State Plaza l Albany, New York 12223 Hon.. Peter-F. Cohalan Suffolk. County: Executive l David J..Gilmartin, Esq. H. Lee Dennison Building 7 Suffolk_ County _ Attorney Veterans Memorial Highway _

H. Lee Dennison Building Hauppauge, New York 11788 e JVeterans Memorial Highway Hauppauge, New' York- 111788 .

Atomic Safety land Licensing' Board- Ezra I. Bialik, Esq.

Panel Assistant Attorney General U'.S. Nuclear Regulatory Commission Environmental Protection Washington, D.C. 20555 Bureau New York State Department-Docketing and' Service Section of Law

. Office of_the Secretary 2 Wo rld Trade Center

, 'U.S. Nuclear Regulatory Commission New York, New York 10047 1717 H Street, N.W.1 Washington, D.C. 20555 -Atomic Safety and Licensing Appeal Board

~ Bernard'M..Bordenick,.Esq.* U.S. Nuclear Regulatory David A. Repka,-Esq. ' Commission

'U.S.tNuclear Regulatory Commission ' Washington, D.C. 20555 4

Washington, D.C. 20555 O _

y m Jonathan D. . Feinberg, Esq.

Stuart Diamond- Staff Counsel Environment / Energy Writer New York State Public NEWSDAY Service Commission li'"Long Island,-New York

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11747 3 Rockefeller Plaza Albany, New York 12223 ed L

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Stewart M. Glass, Esq.

Regional Counsel Federal Emergency Management Agency 26 Federal Plaza, .toom 1349 New York, New York 10278 Nora Bredes.

Executive Director

'Shoreham Opponents Coalition 195 East Main Street Smithtown, New York 11787 Eleanor L. Frucci, Esq.*

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Spence Perry, Esq.

Associate General Counsel Federal Emergency Management Agency Washington, D.C. 20472 Lawrence Coe Lanpher KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 DATE: November 22, 1983

• By Hand

1. By Telecopier I

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