ML20086R795

Motion for Leave to File Surrebuttal Testimony on Contention 23 Re Shadow Phenomenon.In Interest of Allowing ASLB to Hear Clash Among Experts,Testimony Should Be Allowed. Certificate of Svc Encl.Related Correspondence

ML20086R795
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/27/1984
From:	Christman J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL-3, NUDOCS 8403010195
Download: ML20086R795 (7)

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L-. cW- LILCO, February 27, 1984

!!EL/JED C0iiREbi-ONDF_NCE DOLMETED USNFC UNITED STATES OF AMERICA '84 FEB 29 A10:43 NUCLEAR REGULATORY COMMISSION LF%E OF SEC%iA C0ChETi% & SEio.T.'

DRANCH Before the Atomic Safety and Licensing Board In the Matter of )

. )

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

) (Emergency Planning (Shoreham Nuclear Power Station, ) Proceeding)

Unit 1) )

LILCO'S MOTION FOR LEA 7E TO FILE

, SURREBUTTAL TESTIMONY ON CONTENTION 23 LILCO-hereby asks leave to file the enclosed "Surrebut-tal Testimony of Dennis S. Mileti and John H. Sorenson on Con-tention 23~(Shadow Phenomenon)." LILCO' submits that there is good cause for receiving this testimony into evidence, as fol--

lows.

First,.the surrebuttal testimony has as its sole purpose to_ rebut the " Rebuttal Testimony of Stephen Cole and Andrea Tyree.on Behalf of Suffolk County Regarding Contention 23 ,

(Evacuation Shadow Phenomenon)," which could not be addressed until it was filed, quite without warning, on February 1, 1984.

The Cole-Tyree testimony' discusses'"some additional analyses" (Cole-Tyrae testimony 6) of data presented in the Sorensen and Richardson TMI paper, analyses that were not available during discovery, or, for that matter, for some time thereafter.

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TApplying :the same standards that: were applied to Suffolk Coun-

- ty's motion to file the Cole-Tyree rebuttal testimony, or even moreistringent ones,.the Mileti-Sorensen surrebuttal testimony

.should1also be-admitted.

-Second, the. Cole-Tyree testimony, if left unchallenged, (would leave a misleading record. As the Mileti-Sorensen surre-

, buttalkshows,- the Cole-Tyree testimony contains a number of im'ischaracterizations or' misinterpretations of LILCO's testimo-ny. JWhile some of these'might be revealed through cross-examination ~, there is no certainty that they will. For exam '

ple, aLcentral. thesis of the Cole-Tyree testimony is that the

variable called THREAT-measures the same thing as the variable EMITB, which is'a measure of pre-emergency fear of radiation.

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.The-Cole-Tyree' testimony does not cite the question that was

asked;by Cynthia.Flynn to elicit the variable; THREAT.

In fact, as'the Mileti and-Sorensen testimony reveals, the' question was 2 about the perceived threat at the time of the accident:

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~

s ILwould like to ask you some questions

.about the accident.at the Three Mile Is-land NuclearTStation th'at deal specifically with the two-week emergency

- period immediately after the accident on

> - March 28.

~21. How-serious a1 threat.did you feel the Three Mile' Island Nuclear Station was for you and your family's safety at the-time?

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,(Emphasis added.) One could .ask Drs. Cole and Tyree cn1 cross-

. _zexamination_wh'atL..the-question from th'e Flynn survey was, but it

~

- + fisiquiteLlikely;that'they would not recall the precise words.

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. 1As another example,. the Sorensen-Mileti surrebuttal tes-timony' challenges the Cole-Tyree testimony that the Sorensen path model is the only quantitative or the only empirical sup-

. port for-LILCO's position; to the contrary, Mileti and Sorensen

. point out that-the-path model is-significant only because, de-spite the shortcomings-in its data base, it shows a pattern of behavior that is consistent with what disaster researchers have learned.from other empirical studies. Neither Dr. Cole nor Dr.

LTyree professes to be familiar with the literature on disas-ters; and so it is doubtful they could confirm how the Sorensen-Richardson work fits into the large body of previous research on disasters. And so without putting on testimony of its own,'LILCO cannot be assured of clarifying the record.

In short, in the interest of allowing the Board to hear

'the " clash among_ experts" (see Tr. 1861), the surrebuttal tes-tiuony ought to be allowed in. The Sorensen-Richardson path

model is only one small part in the body of literature on human behavior in emergencies. Nevertheless, since the County's con-sultants have~ singled'it out, after the discovery period and after its-author;1 eft the witness stand, and since the County testimony contains certain mischaracterizations that would be difficult or impossible to get the County's witnesses to admit on cross-examination, LILCO's witnesses should be allowed to explain _those mischaracterizations themselves.

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-4 For the foregoing reasons, LILCO requests leave to file theJsurrebuttal testimony of'Drs. Mileti and Sorensen.

Respectfully submitted, LONG ISLAND LIGHTING COMPANY

.BY Zl' '

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, [/kmes N. Christman L'

~ Hunton & Williams P.O. Box-1535 707-East Main Street Richmond,S VA.- 23219

= DATED: . February- 27,.1984 5

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n LILCO, February 27, 1984 CERTIFICATE OF SERVICE In the Matter of.

LONG ISLAND LIGHTING COMPANY

-(Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322-OL-3 I hereby certify that copies of "LILCO'S MOTION FOR LEAVE TO FILE SURREBUTTAL TESTIMONY ON CONTENTION 23" and "SUR-REBUTTAL TESTIMONY OF DENNIS S. MILETI AND JOHN H. SORENSEN ON CONTENTION 23-(SHADOW PHENOMENON)" were served this date upon the.following by first-class mail, postage prepaid or, as indi-cated by an asterisk, by hand or, as indicated by two aster-isks, by Federal Express:

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

' Commission Atomic Safety and~ Licensing b 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)

~

! IEast-West Tower, Rm. 430 Bethesda, MD 20814

'4350 East-West Hwy.

Bethesda, MD 20814

~: .

2-Eleanor L. Frucci,_Esq.*- Stewart M. Glass, Esq.**

Attorney- . . _

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

Bethesda,LMD - 20814 - Twomey, Latham & Shea 33 West Second Street'

~ .;& .' Fabian G.[ Palomino, Esq.** P.O. Box 398

-Special Counsel to~the Riverhead, New York- 11901 Governor

' Executive Chamber Ralph Shapiro, Esq.**

. Room 229" Cammer & Shapiro, P.C.

State Capitol- 1 9 East 40th Street

- Albany,.New' York. -12224- New York,_New York 10016

' Herbert H.~ Brown,cEsq.*- 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 8th1 Floor- 217 Newbridge-Road 1900 M15treet, N.W. Hicksville,_New York 11801 Washington, D.C. 20036 Jonathan D._Feinberg, Esq.

Ni Mr. Marc W.. Goldsmith

~

New York State-

' Energy:Research Group- Department of Public Service 4001 Totten Pond' Road . _.

Three Empiro State Plaza lWaltham, 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. JayiDunkleberger; ' Room 840 New York: State Energy Office Washington, D.C. 20472 e -' Agency Building-2

.EmpireLState< Plaza Ms. Nora Bredes

' Albany, New York 12223 Executive Coordinator

- Shoreham Opponents' Coalition 195 East Main Street

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Smithtown, New York 11787 4

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/- Gerald C. Crotty,'Esq. Martin Bradley Ashare, Esq.

Counsel to the Governor Suffolk Courity Attorney Executive Chamber H. Lee Dennison Building State Capitol Veterans Memorial Highway Albany,-New. York 12224' Hauppauge, New York 11788

b. A ?;;^: zJ ames N. Christman

, Hunton & Williams 707 East Main Street

.P.O. Box 1535 Richmond,-Virginia 23212

-DATED: : February 27, 1984 4

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