ML20092N505

Motion to Compel Production of training-related Documents by Util & State of Ny Statement in Support of Suffolk County 840626 Motion to Compel Production of Documents.Certificate of Svc Encl.Related Correspondence

ML20092N505
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/29/1984
From:	Zahnleuter R NEW YORK, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
OL-3, NUDOCS 8407030218
Download: ML20092N505 (6)

Text

Yh m ,y .aoum UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges James A. Laurenson, Chairman '84 a -2 P 3 :37 Dr. Jerry R. Kline Mr. Frederick J. Shon - x.

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) cat.ncu In the Matter of )

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LONG IST AND LIGHTING COMPANY ) Docket No. 50-322-OL-3 (Emergency Planning P'ro,'ceeding)

)

(Shoreham Nuclear Power )

Station, Unit 1) ) June 29, 1984

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NEW YORK STATE MOTION TO COMPEL PRODUCTION OF TRAINING-RELATED DOCUMENTS BY LILCO AND NEW YORK STATE STATEMENT IN SUPPORT OF SUFFOLK COUNTY'S~ MOTION TO COMPEL PRODUCTION OF TRAINING--

RELATED DOCUMENTS BY LILCO New York State hereby requests that the Board order LILCO to provide to New York State one copy of all of the training-related documents pertaining to the critiques and evaluations of LERO

-trainees' performances, including all completed drill or exercise evaluation forms, from LILCO drills or exercises that have been conducted from February 16, 1984 up to and through the date of the Board's decision in this matter.

In addition, New York State fully supports the "Suffolk County Motion to Compel Production of Training-Related Documents by LILCO,"

dated June 26, 1984. New York State submits that suffolk County's motion, as well as this motion, should be granted on the grounds asserted by Suffolk County. Suffolk County has made a convincing showing lof good cause.

8407030218 840629 PDN AMCK 05000322 0 PDR o) e.

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However, New York State makes the following additional observations. 4 1

The Board has established an undeniable precedent with regard l to the production of critiques and evaluations of LERO trainees' l

performances, and completed drill and exercise evaluation forms.

See generally Tr. 9669 - 9674. In its Bench Order of June 1,1984, the Board stated that the applicable legal standard was 10 C.F.R.

Section 2.740: "Thus, the only test is whether these documents are relevant to the subject matter involved in the proceeding."

i Tr. 9672, lines 19-21. The Board then noted, "We need not look l

too far to establish relevancy." Tr. 9672, lines 22 and 23.

The Board cited three specific passages from LILCO's training testimony as well as contention 100.G, and concluded, "[W]'e find that the completed evaluations and critiques are relevant to the testimony and contentions in controversy and must be produced."

(Emphasis added); Tr. 9672, line 23 through 9673, line 18.

Clearly, the documents now sought by Suffolk County and New York State are no less relevant to the LILCO testimony and the contentions. For example, Mr. Daverio testified on June 15, 1984 that LILCO has identified a need to do more drilling in the area of LERO trainees' performance of monitoring and decontamination tasks. Tr. 11,969, line 18. Mr. Daverio also testified that "We ran table tops, which we felt were necessary before we went back into the drills. And that is what is going on this month."

Tr. 11,969, lines 22-24. Mr. Daverio subsequently elaborated, stating: "[W]e have run some drills in June that would have tested that. I don't have results though." Tr. 11,970, lines 5-6.

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Such "results" are undoubtedly relevant and necessary for the intervenors to make a better determination regarding the adequacy i

of the LILCO training program.

Accordingly, New York State requests that the Board order LILCO to provide to New York State and Suffolk County all of the training-related documents pertaining to the critiques and evaluations of LERO tra'nees' i performances, including all f

' completed drill or exercise evaluation forms, from LILCO drills or exercises that have been conducted from February 16, 1984 up I to and through the date of the Board's decision in this matter.

Respectfully submitted.

MARIO CUOMO L Governor of the State of New York '

Fabian G. Palomino, Esq.

Special Counsel to the Governor of the State of New York LY:

" Richard J. Z y ut r Assistant t h # ecial Counsel to the Governor of the State of New York Exocutive Chamber '

State Capitol Albany, New York 12224 ALBANY, NEW YORK I

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l UNITED STATES OF AMERICA I NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges James A. Laurenson, Chairman 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)

)

(Shoreham Nuclear Power Station, )

Unit 1) ) June 29, 1984 i

) 1

) 1 CERTIFICATE OF SERVICE l

I hereby certify that one copy of the NEW YORK STATE MOTION I

• O COMPEL PRODUCTION OF TRAINING-RELATED DOCUMENTS BY LILCO AND NEW YORK STATE STATEMENT IN SUPPORT OF SUFFOLK COUNTY'S MOTION TO COMPEL PRODUCTION OF TRAINING-RELATED DOCUMENTS BY LILCO has been served to each of the following this 29th day of June, 1984 by U. S. Mail, first class, except as otherwise noted:

James A. Laurenson, Chairman ** Howard L. Blau, Esq.

Atomic Safety and Licensing Board 217 Newbridge Road U.S. Nuclear Regulatory Commission Hicksville, New York 11801 Washington, D. C. 20555 W. Taylor Revoley III, Esq. **

Dr. Jerry R. Kline ** Hunton & Williams Administrative Judge P. O. Box 1535  :

Atomic Safety and Licensing Board 707 East Main Street l U.S. Nuclear Regulatory Commission Richmond, Virginia 23212 l Washington, D. C. 20555 Mr. Frederick J. Shon **

Administrative Judge l Atomic Safoty and Licensing Board U.S. Nuclear Regulatory Commission Washington, D. C. 20555 1

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... . + .

't l 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 Mr. Brian McCaffrey 1723 Hamilton Avenue, Suite K Long Island Lighting Company San Jose, California 95125 Shoreham Nuclear Power Station P. O. Box 618 Honorable Peter F. Cohalan North Country Road Suffolk County Executive Wading River, New York 11792 H. Lee Dennison Building Veterans Memorial Highway Martin Bradley Ashare, Esq. Hauppauge, New York 11788 1 Suffolk County Attorney H. Lee Dennison Building Ezra I. Bialik, Esq.

Veterans Memorial Highway Assistant Attorney General Hauppauge, New York 11788 Envirommental Protection Bureau New York State Department of Law  ;

Atomic-Safety and Licensing 2 World Trade Center j Board Panel New York, New York 10047 l

-U.S. Nuclear Regulatory Commission Washington, D. C. 10555 Atomic Safety and Licensing Appeal Board Docketing and Service Section U.S. Nuclear Regulatory Commission Office of the Secretary Washington, D. C. 20555 U.S. Nuclear Regulatory Commission 1717 H Street, N.W. Stewart M. Glass, Esq. i Washington, D. C. 20555 Regional Cou.. el Federal Emergency Management Bernard M. Bordenick, Esq. ** Agency David A. Repka, Esq.

26 Federal Plaza, Room 1349  !

U.S. Nuclear Regulatory Commission New York, New York 10278 i Washington, D. C. 20555 l Stuart Diamond Nora Bredes Environment / Energy Writer Executive Director NEWSDAY Shoreham Opponents Coalition Long Island, New York 11747 195 East East Main Street Smithtown, New York 11787  ;

Stephen B. Latham, Esq.

Twomey, Latham & Shea Eleanor'L. Frucci, Esq. **

P. O. Box 398 Atomic Safety and Licensing 33 West Second Street Board Panel Riverhead, New York 11901 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 l

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. -. "O Herbert H. Brown, Esq. ** James B. Dougherty, Esq.

Lawrence Coe Lanpher, Esq. 3045 Porter Street, N.W.

Karla J. Letsche, Esq. Washington, D. C. 20008 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. I(UJER Assistant to e Special Counsel to the Governor of the State of New York Executive Chamber State Capitol Albany, New York 12224 s

• By Hand

• • By Federal Express

• • • By Telecopier

• • • • By U.S. Express Mail .

Albany, New York

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