ML20087H800
| ML20087H800 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/16/1984 |
| From: | Zahnleuter R NEW YORK, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-DSB-7 OL-3, NUDOCS 8403210188 | |
| Download: ML20087H800 (7) | |
Text
007 s.
o RELATED CORa;3p *#KE UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD DOCKETED Before Administrative Judges UU'%
James A. Laurenson, Chairman Dr. Jerry R. Kline
'84 MR 3 M192 Mr. Frederick J. Shon
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b8ANJ4 In the Matter of
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Docket No. 50-322-OL-3 LONG ISLAND LIGHTING COMPANY
)
(Emergency Planning Proceeding)
)
(Shoreham Nuclear Power
)
Station, Unit 1)
)
March 16, 1984
)
)
RESPONSE OF GOVERNOR MARIO CUOMO, REPRESENTING THE STATE OF NEW YORK, IN OPPOSITION TO "LILCO'S MOTION TO STRIKE PORTIONS OF THE DIRECT TESTIMONY OF WILLIAM J. AQUARIO [ sic}, RICHARD D.
ALBERTIN, AND ROBERT G. KNIGHTON REGARDING CONTENTION 73" The State of New York hereby opposes "LILCO'S MOTION TO STRIKE PORTIONS OF THE DIRECT TESTIMONY OF WILLIAM J. ACQUARIO, RICHARD D.
ALBERTIN, AND ROBERT G. KNIGHTON REGARDING CONTENTION 73," dated March 9, 1984 (herinafter, " Motion").
I.
Direct Testimony at pp. 7,8,9 The main point of LILCO's Motion (pp. 3,4) is that the State's testimony (pp. 7,8,9) addresses "the transportation needs of able-bodied individuals who are capable of being transported by bus" but Contention 73 does not address "the transportation needs of able-bodied individuals who are capable of being transported by bus." LILCO misreads the State's testimony.
The State's testimony on pages 8 and 9 is primarily directed at people who are " handicapped" to the extent that they are unable to successfully hike a 1/2 mile distance to a bus stop while-3403210188 840316 9(7 PDR ADOCK 05000322 0-PDR
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lugging a suitcase, pillow and blanket.
The State's testimony
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on pages 8 and 9 is not offered for the purpo'2e of litigating the is'ue of whether it is proper for LILCO to require physically s
normal people to walk a 1/2 mile to a bus stop.
The point of the testimony on pages 8 and 9 is that some people might not be physically fit enough to make it on their own to the bus stop i
in the first place.
An example of a person in this category would be a person who is healthy enough to move about and ride in vehicles, but who lacks endurance or breathing ability to walk a distance of a half mile.
The State's testimony on pages 8 and 9 is, therefore, relevant to Contention 73. A(1) (a), which provides "Many people who will require assistance will not return the i
postcards to LILCO because they do not:
(a) perceive themselves to be handicapped....."
(Emphasis added).
The testimony should not be stricken.
The State's testimony on p. 7 also is primarily directed at i
people who are' " handicapped" to the extent that they also are unable to 'successfully hike a 1/2 mile distance to a bus stop while lugging a suitcase, pillow and blanket.
However, the testimony ~is_also directed to people who responded to LILCO's survey by answering that they were.not handicapped because they anticipa ted T (mistakenly), that a private car would be available to take them to the bus stop or even all the way out of the EPZ.
Thus, the s'tata's testimony.,on page 7-is relevant to contention
- 73. A (1) (a), 'quatediabove, and should not be stricken.
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II.
Language Problems The State witnesses' testimony on page 11 refers to persons with a " language problem."
On page 5 of its Motion, LILCO assumes the phrase narrowly means foreign " language problems."
The fact that this testimony may also be relevant to Contention 21.C does not justify striking it from a relevant response to Contention 72.
It should also be noted that the phrase is broad enough to include persons who, due to physical or psychiatric causes, are unable to communicate by making coherent sounds with their vocal cords, tongue and mouth, etc.
This testimony on page 11 is directly relevant to Contention 73.B (1), which provides, "This [ telephone call] is an inadequate and ineffective means of notifying many handicapped individuals such as those who are... unable to communicate on telephone."
(Emphasis added).
The testimony should not be stricken.
III.
Training of Ambulance and Van Operators 1
The first question and answer on page 13 of the State's testimony is directly relevant to Contention 73, which provides, "The LILCO Plan proposes to use ambulances to evacuate handicapped i
people who are not in special facilities.
Intervenors contend that this aspect of the LILCO Plan cannot be implemented in a timely manner and therefore will not provide adequate protection to handicapped persons in the EPZ."
The ability of ambulance drivers to perform their duties in a timely manner is relevant to Contention 73.
There is a definite need for ambulance drivers to know how to navigate through the EPZ without being hindered by traffic congestion or distractions arising from emotional passengers.
The testimony should'not be stricken.
IV.
Relocation of llandicapped People The second question and answer on page 13 of the State witnesses' testimony raises the need to designate the places j
LILCO will bring the handicapped people to.
This testimony is directly relevant to Contention 73.B(4), which questions LILCO's ability to transport handicapped people from their homes to relocation center in a timely manner.
The location of these relocation centers is critical because it determines which evacuation routes will be utilized and the length of time that will be needed to complete the evacuation.
The testimony should not be stricken.
Respectfully submitted, MARIO CUOMO Governor of the State of New York
-i FABIAM G.
PALOMINO, ESQ.
Special Counsel to the Governor of the State of New York l/
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BY l-4Y df *)M-AL RICHARD J.
ZAHNLEUTER, ESO.
Assistant td-the -Special Counsel to the Governor of the State of New York Albany, New York 1
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges James A. Laurenson, Chairman i
Dr. Jerry R. Kline Mr. Frederick J. Shon
^
)
In the Matter of
)
)
Docket No. 50-322-OL-3 LONG ISLAND LIGHTING COMPANY
)
(Emergency Planning Proceeding)
)
4 (Shoreham Nuclear Power Station, )
March 16, 1984 Unit 1)
)
)
)
i CERTIFICATE OF SERVICE I hereby certify that one copy of the RESPONSE OF GOVERNOR MARIO CUOMO, REPRESENTING j
THE STATE OF NEW YORK, IN OPPOSITION TO "LILCO'S l
MOTION TO STRIKE PORTIONS OF THE DIRECT TESTIMONY l
OF WILLIAM J. AQUARIO [ sic], RICHARD D. ALBERTIN, i
AND ROBERT G. KNIGHTON REGARDING CONTENTION 73" has been served to each of the following this 16th 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 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. AL-Hunton & Williams Mr. Frederick J. Shon ***
P. O. Box 1535 Administrative Judge
-707 East Main Street' Atomic Safety and Licensing Board Richmond, Virginia 23212 1
U.S. Nuclear Regulatory Commission Washington, D. C.
20555 i
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, 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 1945 Porter Street, N. W.
San Jose, California 95125 Washington, D. C.
20008 Honorable Peter F. Cohalan Mr. Brian McCaffrey Suffolk County Executive 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 Center 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 i
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 Washington, 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 Stuart Diamond Environment / Energy Writer Eleanor L. Frucci, Esq. ***
NEWSDAY Atomic Safety and Licensi.ng Long Island, New York 11747 Board 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~
.o lierbert II. 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 O'
7/
4 RICHARD J.
ZAHNLEUTERI Assistant,to the' Spec'ial Counsel to the Governor of the State of New York Executive Chamber State Capitol Albany, New York. 12224
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