ML20087C368

Motion of Governor Cuomo to Strike Portions of Mc Cordaro & Ja Weismantle Testimony Re Phase II Emergency Planning Contention 92 & Statement Supporting Suffolk County Motion. Certificate of Svc Encl.Related Correspondence

ML20087C368
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/09/1984
From:	Zahnleuter R NEW YORK, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
OL-3, NUDOCS 8403130043
Download: ML20087C368 (9)

Text

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'* RELATED CORRESPONDENCE UNITED STATES OF AMERICA NUCLEAR REGULATORYg gggy{SSION 03t;PC ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judqcs James A. Lauren'04n,W816.trA4dl 8 Dr. Jerry R. Kline Mr. Frederick _J._Shon.

$;NiidGiYd

) BRANCH In the Matter of )

) Docket No. 50-322-OL-3 LONG ISLAND AIGIITING COMPANY ) (Emergency Planning Proceeding)

)

(Shoreham Nuclear Power ) March 9, 1984 Station, Unit 1) )

)

MOTION OF GOVERNOR MARIO CUOMO, REPRESENTING TIIE STATE OF NEW YORK, TO STRIKE PORTIONS OF Tile " TESTIMONY OF MATTHEW C. CORDARO AND JOHN A.

WEISMANTLE ON BEIIALF OF LONG ISLAND LIGIITING COMPANY ON PIIASE II EMERGENCY PLANNING CONTEMTION 92 (STATE EMERGENCY PLAN) "

-AND STATEMENT OF GOVERNOR MARIO CUOMO, REPRESENTING Tile STATE OF NEW YORK, IN SUPPORT OF THE "SUFFOLK COUNTY MOTION TO STRIKE PCRTIONS OF LILCO'S GROUP II-A TESTIMONY" Pursuant to 10 C.F.R. Sections 2.743(c) and 2.757(b),

the-State of New York hereby moves to strike certain portions of the TESTIMONY OF MATTHEW C. CORDARO AND JOlIN A. WEISMANTLE ON BEHALF OF LONG ISLAND LIG"TIwG COMPANY ON PIIASE II EMERGENCY PLANNING CONTENTION.92'(STATE EMERGENCY PLAN).

10 C.F.R. Section 2.757(b) provides that the presiding officer may strike " argumentative, repetitious, cumulative or i.rrelevant evidence." In particular, the following portions of the testimony referred to above deviate from this standard:

1) the-first, second, third, fifth, sixth and eighth sentence and the list of attachments 1-11 in the

" PURPOSE" section;

2) all of the fourth question and answer; 3)- all of the seventh question and answer;

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4) -the second sen the first paragraph, and the last paragra, ot ..e answer to the eightn question; 5)- all of the ninth question and answer;

6) the second sentence'of the answer to the tenth question;

~7 ) the first, second, third, fifth, sixth and eighth sentence of'the answer to the eleventh question: and

,8) . attachments 1-11.

.The~Stata of-New. York is not moving to strike

• fourth sentence in.the " PURPOSE" section, the fifth question and answer, or the fourth sentence in,the answer to the eleventh question.

IRRELEVANCY The Board has stated that the sole focus of this proceeding is'the LILCO Plan, _and'that the dispositive issue is whether the IILCO: Plan can be implemented by LILCO (See page 2 of the Board's Order of' June 10, 1983, entitled, " ORDER LIMITING SCOPE OF. SUBMISSIONS"). Hence, proffered evidence is relevant

-only[if it pertains-to this central issue and Contention 92.

Contention.92 asserts:

Contention 92.- There is no New York State emergency. plan to deal with an emergency at the

~ Shorehara ~ plant; before this board. (See Plan, at

, Attachment .1. 4. 2) . - In addition, the LILCO Plan fails to provide for coordination of LILCO's

-emergency response _with that'of the. State of New York (assuming, arguendo, such~'a response would be forthcoming). .(See .FE}m Report at 1. )

_ _ _ _ - _ _ - _ - _ \

i In-the absence of a State emergency plan for Shoreham, there can be no finding of compliance with 10 CFR Sections 50.47 (a) (2) , 50.47(b), or NUREG 0654,Section I.E, I.F, I.J or II.

(Footnote omitted).

The following portions of the testimony referred to above are irrelevant:

1) the first, second and third sentence and the list of attachments 1-11 in the " PURPOSE" section; "

2) all-of_the fourth question and answer;

3) all of the second paragraph of the answer to the seventh question except the last sentence;

4) .the second sentence of the first para.raph of the answer'to the eighth question;

5) the-first, second and third sentence of the answer to the eleventh question; and 6

6) all of~ attachments 1-11.

The subject of this proffered evidence is the contents of the New York' State Emergency Plan. The New York State Emergency Plan describes how New York State-and its governmental sub-divisions would. react to disasters in general and radiological accidents at three other nuclear plants in particular. The New York State Emergency Plan has nothing to do with how LILCO or the State would react to a. radiological accident at Shoreham.

In' addition, Contention 92 is framed precisely in terms of-the nonexistence of New York State planning documents for Shoreham. The fifth question and answer in the testimony is

_4_.

relevant to the contention because it admits-that the New York State, Emergency Plan contains no site-specific volume for Shoreham. .However, proffered evidence that the New York State Emergency. Plan contains planning documents for all types of disasters otherEthan a disaster at Shoreham is irrelevant to

' Contention 92.

REP 2TITION, SPECULATION, AD' HOMINEM STATEMENTS The following portions of the testimony referred to above are repetitive, speculative or ad hominem:

-1) -the fifth, sixth and. eighth sentence in the " PURPOSE" section;

2) :the first paragraph, and the last sentence of the second paragraph, of the answer to the seventh question; 3)- the last paragraph of the answer to the eighth question;

4) all of the ninth question and answer;

5) the second sentence of the answer to the tenth

. question; and-

6) che~fifth, sixth and eighth sentence of the answer to the eleventh question.

This proffered. testimony consists of LILCO's version of'the StateLof New York's official position with respect to

.Shoreha.m and: statements of LILCO's views, hopes, feelings and

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expectations of.whatever the State of New York's position on

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Shoreham might be in the future.

- -This proffered. testimony contains speculative and factually

" inaccurate-statements. For example, the answer to the seventh

~ question l1s prefaced with "At.present,.it [the State of New York's position with respect to Shoreham] is uncertain." .(Emphasis added.)

a; Also, the.last sentence in'the " PURPOSE' section and the last

~

. sentence ln' the -answer to the eleventh question state that "LILCO

. expects that the State of New York would participate in an emergency response.were there an actual emergency at Shoreham."

'(Emphasis.added.) The State. submits that the Board'should, strike s'uch speculation because it cannot be substantiated tuntilian actual. emergency occurs at Shoreham. Similar speculation

'~

Inr LILCO about the response ~of Suffolk County's personnel has previously'been stricken by the-Board-(T.p.1298). TheLproffered

! testimony, therefore,fonly serves to clutter'the record.

,The proffe. red. testimony also contains ad hominem statements..

3For. example,-the. sixth' sentence-in'the " PURPOSE" section and the. sixth sentence in the answer to~the eleventh question state, "LILCO;would welcome the participation of New York State in the_ planning and process or during an actual emergency." ,

(EmphasisLadded.) Such statements appeal to the emotions of-the reader-rather than t'o the knowledge of the reader and, therefore, ,.

imerely; serve to clutter the record with nonsubstantive matter.

• CONCLUSION

~

~For the foregoing reasons, the State of New York urges that ,

I s

l e the Board strike the portions of the proffered teatimony identified above.

SUFFOLK COUNTY MOTIO!_I__TO STRIKE PORTIONS OF LILCO'S GROUP II-A TESTIMONY The State of New York fully supports Suffolk County's MOTION TO STRIKE PORTIONS OF LILCO'S GROUP II-A TESTIMONY.

Respectfully submitted, MARIO CUOMO, Governor of the State of New York FABIAN G. PALOMINO, ESQ.

Special Counsel to the Governor of the State of New York BY: /d 2 0 $

RICHARD J. ZAHNLEUTER, ESQ.

Assistant tothe'Special Counsel to the Governor of the State cf New York Albany, New York

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00LKETED

'd% 9 r ATOMIC SAFETY AND LICENSING BOARD Before Administrative .iudges James A. Laurenson, Chairman Dr. Jerry R. Kline '84 MR 12 A11:19 r Mr. Frederick J. Shon LFF LE .- SLJt 00Cf.EimG & SE n; '

} "

In the Matter of )

) Docket No. 50-322-OL-3 LONG ISLAND LIGHTING COMPANY ) (Emergency Planning Proceeding)

)

(Shoreham Nuclear Power Station, )

Unit 1) ) March 9, 1984

)

)

CERTIFICATE OF SERVICE I hereby certify that one copy of the MOTION OF GOVERNOR MARIO CUOMO, REPRESENTING THE STATE OF NEW YORK, TO STRIKE PORTIONS OF THE " TESTIMONY OF MATTHEW C. CORDARO AND JOHN A.

WEISMANTLE ON BEHALF OF LONG ISLAND LIGHTING COMPANY ON PHASE II EMERGENCY PLANNING CONTENTION 92 (STATE EMEKGENCY PLAN)"

AND STATEMENT OF GOVERNOR MARIO CUOMO, REPRESENTING THE STATE OF NEW YORK, IN SUPPORT OF THE "SUFFOLK COUNTY MOTION TO STRIKE PORTIONS OF LILCO'S GROUP II-A TESTIMONY"has been served to each of the following this ninth day of March 1984 by U. S.

Mail, first class, except as otherwise noted:

James A. Laurenson, Chairman *** Ralph Shapiro, Esq.

Atomic Safety and Licensing Board Camme:1- 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 Mr. Frederick J. Shon P. O. Box 1535 Administrative Judge 707 East Main Street Atcmic Safety and Licensing Board Richmond, Virginia 23212 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 t

\

Mr. Jay Dunkleberger Marc W. Goldsmith New York State Energy Office Energy Research Group, Inc.

Agency Building 2 400-1 Totten Pond Road Empire State Plaza Waltham, Massachusetts 02154 Albany, New York 12223 MHB Technical Associates James B. Dougherty, Esq. 1723 Hamilton Avenue, Suite K 3045' Porter Street, N. W. San Jose, California 95125 '

i Washington, D. C. 20008 l Honorable Peter F. Cohalan

[ Mr. Brian McCaffrey Suffolk County Exccutive Long Island Lighting Company H. Lee Dennison Building Shoreham Nuclear Power Station Veterans Memorial Highway P. O. Box 618 Hauppauge, New York 11788 North Country Road Wading River, New York 11792 Ezra I. Bialik, Esq.

Assistant Attorney General Martin Bradley Ashare, Esq. Envirommental Protection Bureau Suffolk County Attorney New York State Department of Law H. Lee Dennison Building 2 World Trade Canter Veterans Memorial Highway New York, New York 10047 Hauppauge, New York 11788 Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 ,,,

Stewart M. Glass, Esq.

Docketing and Service Section Regional Counsel Office of the Secretary Federal Emergency Management U.S. Nuclear Regulatory Commission Agency 1717 H Street, N.W. 26 Federal Plaza, Room 1349

. Wash i ngton, D. C. 20555 New York, New York 10278 Bernard M. Bordenick, Esq. Nora Bredes David A. Repka, Esq. .

Executive Director U.S. Nuclear Regulatory Commission Shoreham Opponents Coalition Washington, D. C. 20555 195 East East Main Street Smithtown, New York 11787 Ltuart Diamond ,,,

Environment / Energy Writer Eleanor L. Frucci, Esq.

NEWSDAY Atomic Safety and Licensing Long Island, New York 11747 Board Panel U.S. Nuclear Regulatory Commission Stephen B. Latham, Esq. Washington, D. C. 20555

- Twomey, Latham & Shea P. O. Box 398 33 West Second Street Riverhead, New York 11901 s

_3 Herbert.H. Brown, Esq.

Lawrence Coe Lanpher, Esq.

Karla J. Letsche, Esq.

1900 M Street, N. W., Suite 800 Washington, D. C. 20036 Spence Perry, Esq.

Associate General Counsel Federal Emergency Management Agency Washington, D. C. 20472

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RICHARD J. ZAHNLEUTER Assistant to the Special Counsel to the Governor of the State of New York Executive Chamber State Capitol Albany, New York -12224

• By Hand

• • By Federal Express

• • • By'Telecopier on March 9, 1984

• • • • By U.S. Express Mail

. Albany, New York March 9, 1984 I

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