ML20087H815

Response in Opposition to Util 840309 Motion to Strike Portions of Wj Acquario,Et Al Testimony on Emergency Planning Contention 67.W/Certificate of Svc.Related Correspondence

ML20087H815
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-9 OL-3, NUDOCS 8403210201
Download: ML20087H815 (7)

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009 RELAIED CURRESPONDEhtX UNITED STATES OF AMERICA-NUCLEAR REGULATORY COMMISSION 00CMETED USNRC ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges James A. Laurenson, Chairman *84 MAR 21 A11 :01 Dr. Jerry R. Kline Mr. Frederick J. Shon (FFKE OF SECltie -

00CKETiO 4 SEPVJi

) BRANCH In the Matter of )

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

)

(Shoreham Nuclear Power ) March 16, 1984 Station, Unit 1) )

)

RESPONSE OF GOVERNOR MARIO CUOMO, REPRESENTING THE STATE OF NEW YORK, IN OPPOSITION TO "LILCO'S MOTION TO STRIF.E PORTIONS OF WILLIAM J. ACQUARIO, I

ET AL.'S TESTIMONY ON EMERGENCY PLANNING CONTENTION 67 The State of New York hereby opposes "LILCO'S MOTION TO STRIKE PORTIONS OF WILLIAM J. ACQUARIO, ET AL.'S TESTIMONY ON EMERGENCY PLANNING CONTENTION 67," dated March 9, 1984 (hereinafter,

" MOTION").

I. Bus drivers exposed to radiatio 3 The statements of the witnesses, beginning on page 7, line 24, and ending on page 8, line 2, consider the radiation doses bus.

drivers may receive. The focus of Contention 67 is on persons ]

in buses who may be exposed to health-threatening radiation doses as a result of the time necessary to complete an evacuation. (See the sixth sentence in Contention 67). Bus drivers, as well as bus passengers, fall within this category of persons who need to be protected during an evacuation. The testimony beginning on Page 7, line 24 and ending on page 8, line 2 should not be stricken because it expresses concern for bus drivers who as a result of the lengthy time to complete an evacuation, are 0

8403210201 840316 PDR ADOCK 05000322 O PDR s

i threatened by radiation doses at least as much as bus passengers are threatened by radiation doses.

i II. Inexperienced bus' drivers.

LILCO's Motion, at lines 8, 9 on page 2, states that the' witnesses' testimony " discusses the training program for LERO t

i bus drivers." This statement is incorrect. The witnesses' testimony on lines 14, 15 of page 11 states, "Even if this training program was acceptable in every respect,it would still result ~in providing drivers who were inexperienced at best." (Emphasis added) .

The remainder of the answer describes the disadvantages of using inexperienced bus drivers. Thus, the point of the entire answer on pages 11 and 12 is that regardless of training, the bus drivers are not going to have sufficient bus drivingfexperience to

complete their assignments in a timely manner. 'For the reasons elaborated upon in the answer on~pages 11, 12, evacuation times j will therefore be lengthened.

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This testimony is relevant to-Contention 67, which focuses on exposure of persons in buses to radiation doses as airesult off 1 the time necessary to complete.an evacuation. The fourth and sixth sentences under " Contention 67" directlyLraise'this issue as do the first and. tenth sentences under " Contention ~67.C." The -

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witnesses are expressing a-concern about lengthened evacuation times due'to bus delays,.and accordingly- their testimony:is:rele-. .

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vant'to Contention 67 and should.not be stricken.-

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Earlier in this proceeding, LILCO moved to strike testimony L

about training. However, the Board ruled " evacuation times cannot be estimated without some consideration of the training and experience of the personnel who will have first-line responsibility i.

for maintaining traffic flow." Order Ruling on Motions to Strike 4 (Jan. 16, 1984). Likewise, the feasibility of evacuation by buses requires some consideration of the experience of the bus drivers. The testimony should not be striken.

III. Availability of buses to evacuate persons without vehicles.

LILCO's suggestion that testimony pertaining to one contention i

should be stricken because it clso happens to relate to another.

4 contention is without basis. The testimony which LILCO seeks to strike (answer beginning on pg. 18) is relevant to Contention 67.

The root of the concerns expressed in Contention 67Jis that.

persons traveling in buses may be exposed to radiation dosesLas-a result of the time necessary to complete an evacuation. The answer beginning on page 18 of the testimony' states that buses may be delayed in picking up evacuees in the' day due'to prior commitments to transport school children,'andLbuses may-be-delayed in picking up evacuees at nightLdue.to difficulties in getting the buses out of.the yard and onto.the road. .Because.this testi-

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many relates to 1engthened' evacuation times due to bus delays,

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the testimony:is-relevant to Contention-67 an'd should not be stricken.

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t The fact that the State witnesses' testimony may also be relevant to another contention does not justify striking it from 1

testimony relevant to Contention 67.

i Respectfully. submitted, i

i

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

Special. Counsel to the Governor of the State of New York A A .

BY:

RICHARD J. "AH' U R, ESQ.

Assistant t _ pecial Counsel to the Governor of the State

.of New York'

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Albany, New York

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l UNITED STATES-OF AMERICA  !

NUCLEAR REGULATORY COMMISSION i

ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges

James A. Laurenson Chairman Dr. Jerry R. Kline Mr. Frederick J. Shon i

)

In the Matter of )

I

) Docket No. 50-322-OL-3

, LONG ISLAND LIGHTING COMPANY ) (Emergency Planning Proceeding) ,

)

(Shoreham Nuclear Power Station, ) March 16, 1984 Unit 1) )

)

_)

CERTIFICATE OF SERVICE I hereby certify that one copy of the RESPONSE OF GOVERNOR MARIO CUOMO, REPRESENTING THE-STATE OF NEW YORK, IN OPPOSITION TO "LILCO'S MOTION TO STRIKE PORTIONS OF WILLIAM J. ACQUARIO, j ET AL.'S TESTIMONY ON EMERGENCY PLANNING CONTENTION 67 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.'**

Hunton &. Williams-Mr. Frederick J. Shon ***. P.-O. Box 1535 Administrative Judge. 707 East Main Street Atomic Safety and Licensing Board . Richmond, Virginiaz 23212 U.S. Nuclear Regulatory Commission-

! Washington, D. C. 20555 i

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 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 Generc.A 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 Ccmmission 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 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 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

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 L

RICHARD J. Z HN 'E ' S Assistant-t e cial 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

• • • • By U.S. Express Mail Albany, New York

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