ML20147H799

Suffolk County First Set of Interrogatories & Request for Production of Documents to FEMA Re Emergency Broadcast Sys.* Certificate of Svc Encl.Related Correspondence

ML20147H799
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/03/1988
From:	Missal M KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Federal Emergency Management Agency
References
CON-#188-5756 OL-3, NUDOCS 8803090070
Download: ML20147H799 (16)

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.usNRC March 3, 1988 I UNITED STATES OF AMERICA 18 MMI -7 P4 :33

}- NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensina BoaF Q g. jg ty BRANCH j

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In the Metter of )

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

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(Shoreham Nuclear Power )

Station, Unit 1) ) (

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SUFFOLK COUNTY'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS <DO.FEHA REGARDING EMERGENCY BROADCAST SlfSTEM Pur'cuant to 10 CFR SS 2.740b and' 2.741, ar.i in accordance with the Definitions and Instructions attached hereto as Attach-ment 1,.Suffolk County hereby requests FEMA to arswer separately and fully, under oath, each of the interrogatories set forth below, and to produce for insp'ection and copying, at 'the of fice

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of Kirkpatrick & Lockhart, the documents specified below that are within the possession, custody or control of FERA.

INTERROGATORIES AND DOCUMENT REQUESTS

1. Identify each person whom FEMA expects to call as an l

/ j expert or non-expert witness during the remanded hearing on LILCO's Emergency Broadcast System (hereafter "EBS") and state

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W khe subject matter and the facts oibhfch each such witness is ex Q -)/' pected to testify.

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p 2 . ). For each expert witness identified in response to Interrogatcry 1, sute the substance of the facte<and opinions to

.phich such witness is expeJted to testify, and,a, summary of the a

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3. Provide an up-to-date resume for each witness identi-

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,I fled in response to Interrogatory 1.

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Identify all studies, papers, articles, reports, books, j

s and gersuchdocuments,publishedorunpublished, upon shich

. o each )witdess identified in response to Interrogatory 1 intends to rely in support of his or her testimony. Provide a copy of all '

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y ,lteme identified in respense to this ir?grrogatory, except thct )

thoseitemsreadilyavailableinthepudlicdomainneednotbh '

provided.

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5. Identify by da,te, 1ccat ?pn and proceeding all prior a i

testfdiony before any jur'icial, administrative, or legislative body including deposition testimony, given by each of the wit-nesse,s identified in response to Interrogatory 1 concerning any aspect of eyergency preparedness, and in partfeular emergency broadcast systems, t

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, 6. Identify all articles, papers, and other documents authored or co-authored by each FEMA witness identified in response to Interrogatory 1 on the subject of emergency broadcast systems, including the adequacy and coverage capabilities of CBS radio stations.

7. Identify all communications between LILCO and FEMA or

- its consultants concerning LILCO's EBS proposal. Provide all documents concerning such communications.

8. Identify all documents concerning FEMA's analysis or review of LILCO's EBS proposal. Provide copies of all documents identified in response to this interrogatory.

9. Identify all documents concerning the Regional Assist-a nce Committee 's ( the "RAC 's") analysis and/or review of LILCO's EBS proposal, whether such analysis and/or review is conducted in connection with the RAC's review of Revision 9 or otherwise.

Provide copies of all documents identified in response to this interrogatory.

10. Identify each RAC member and all other individuals, including all FEMA contractors, who have analyzed and/or reviewed LILCO's EBS proposal and concerning whether that proposal complies with NUREG 0654 or with FEMA or NRC guidance memoranda, or other such documents, concerning EBS plans. To the extent not

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covered by previous interrogatories, provide all documents concerning'such review and/or analysis; Respectfully submitted, E.-Thomas'Boyle Suffolk County Attorney Building 158-North County Complex Veterans Memorial Highway .

Hauppauge, New York 11788-

' Michael S. Mfller Michael'J. Missal

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KIRKPATRICK & LOCKHART.

1800 M Street, N.W. ,

South Lobby - 9th Floor Washington, D.C. 20036-5891 Attorneys for Suffolk County March 3, 1988 r

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ATTACHMENT 1 DEFINITIONS AND INSTRUCTIONS FOR ANSWERING INTERROGATORIES AND DOCUMENT PRODUCTION REQUEST A. Wherever-appropriate, the singular form of a word shall be interpreted as plural and vice versa.

B. "And" as well as "or" shall be construed either dis-junctively or conjunctively as necessary to bring within the scope hereof any information (as defined herein) which might otherwise be construed to be outside the scope of these discovery requests.

C. Wherever appropriate, the masculine form of a word shall be interpreted as feminine and vice versa.

D. The term "person" includes any natural person, firm, partnership, medical institution or association, joint venture, corporation, and any foreign or domestic government organization (including military and civilian), or group of natural persons or such entities.

E. The term "information" shall be expansively construed and shall include, but not be limited to, facts, data, theories, analyses, opinions, images, impressions, concepts and formulae.  !

F. The term "document" means any tangible thing from or on which information can be stored, recorded, processed, trans-s.

mitted, inscribed, or memorialized in any 'iay -by any means regardless of technology or form and including but not being limited to: papers, books, accounts, newspaper and magazine articles, letters, photographs, objects, tangible things, corres-p, - , -

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pondence, telegrams, cables, telex messages, memoranda, notes, notations, work papers, drawings, blueprints, plans, specifica-tions, manuals, procedures, transcripts, minutes, reports and recordings of telephone or other conversations, or of interviews, or of conferences, or of other meetings, occurrences, or transac-tions, affidavits, transcripts of depositions or hearings, state-ments, summaries, opinions, reports, tests, experiments, analyses, evaluations, contracts, agreements, ledgers, journals, books or records of account, receipts, statistical records, desk calendars, appointment books, diaries, lists, tabulations, sound recordings, computer printouts, data processing input and output, microfilms, all other records kept by electronic, photographic or mechanical means, and things similar to any of the foregoing.

Each copy of a document which contains any separate notationt, or writings thereon, and each draft of a document which differs in any way from the final version of the document, shall be del:med to be a separate document for purposes of these discovery requests. (Versions of a document which differ in clearly non-substantive and unimportant ways from other versions of ti.e document do not need to be considered a separate document.)

G. The term "communication" includes every exchanje of information by any means.

H. The term "LILCO" or "LILCO personnel" means Long Island Lighting Company (including LERO), and any af filiate, a gent, employee, consultant, contractor, technical advisor, r+presenta-tive (including, without limi* cation, attorneys and accountants f

and their respective agents _and employees), or other person acting for or on behalf of LILCO, or at LILCO's direction or control, or in concert with LILCO or assisting LILCO.

I. The term "Shoreham" means the Shoreham Nuclear Power Station, Unit 1, any part thereof, or any structure, system, component, instrumentation, equipment, or materials-included in, or intended to be included in, Shoreham.

J. The words "concerning," ' concerns" or any~other deriva-tive thereof, include referring to, responding to, relating to, pertaining to, connected with, comprising, memorializing, com-menting on, regarding, discussing, showing, describing, reflect-ing, analyzing, supporting, contradicting and constituting.

K. Whenever in the interrcgatories there is a request to identify a. person that is a natural person, set forth:

(1) his name; (2) his last known residential address; (3) his last known business address; (4) his last known employer; (5) his title or position; (6) his areas of responsibility; (7) his business, professional, or other relationship to FEMA; and (8) if any of the above information has changed subse-quent to the time period referenced in a particu-lar interrogatory, set forth in the answer, and label appropriately, current information as well It as the information applicable to the time refer-enced in the interrogatory.

L. Whenever in the Interrogatories there is a request to identify a person that is not a natural person, state:

(1) the full name of such person; (2) the nature or form of such person, if.known:

(3) the address of its principal place of business or the principal place where such person.is to be found; (4) whether FEMA has or has had any relationship or affiliation with such person, its affiliates or subsidiaries, and, if so, a description of such relatdonship; and (5) if any of the above information has changed subse-quent to the time period referenced in a particu-lar interrogatory, set forth in the answer, and label app.'opriately, current information as well as the information applicable to the time refer-enced in the interrogatory.

M. Whenever in the interrogatories there is a request to identify or describe a document (1) set forth:

(a) the date of the document; (b) the type or nature of the document; (c) the length of the document; (d) the location of the document;

l (e) a brief description of the contents of the' document; and (2) identify:

(a) the author, signatories and any other person who-originated, prepared or participated in the preparation of the' document; (b) all persons to whom the. document was addressed and all persons to whom copies of the document were to be or have been sent; and (c) all persons whom FEMA knows or believes-to have possession, custody or control of the document and of any copies thereof.

N. Whenever in the interrogatories there is a request to identify a communication:

(1) state:

(a) the date of the communication; (b) the place of the making and place of receipt-of the communication; (c) the type and means of communication; (d) the substance of the communication; and (2) identify:

(a) each person making the communication, and his location at the time the communication was made;

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l (b) each person to whom the communication was made, and his location at'the. time the com- ,

munication was made;

'(c) all other persons present during, partici-pating in, or receiving the communicstion and the location of each such person at the time; (d) .each document concerning such communication; and (e) each document upon which the communication is base 6 or which is referred to in the communi-cation.

O. With respect to each interrogatory answer,-identify each document which forms a basis for the answer given, is relied upon or which was reviewed, in whole or in part, in preparing the answer, or which in any way corroborates or concerns the answer given. A document to be so identified may be produced in lieu of '

the elements of such identification. In such case, however,  :

please identify the document in the answer to the interrogatory in sufficient detail so that Suffolk County can readily locate the document among all documents produced by FEMA.

P. Where exact information cannot be furnished, estimated ,

t information should be supplied to the extent possible. Where >

estimated information is used, the answer should so state and ,

should indicate the basis upon which the estimate was made. If l possible, the upper and lower boundaries of the estimate should be given.

L Q. If FEMA objects to or claims a privilege (attorney-client, work product, or other) with respect to any interrogatory or document request, in whole or in part, or seeks to withhold documents or information because of the alleged proprietary nature of the data, set forth all reasons and the underlying '

factual basis for the objection or claim of privilege in suffi-cient detail to permit the Licensing Board to determine the validity of the objection or claim of privilege. This descrip-tion by FEMA should include with respect to any document: the author, addressor, addressee, recipients of indicated and "blind" copies, date of preparation, subject matter, purpose for which it was prepared, number of pages, attachments or appendices, all persons to whom distributed, shown or explained, present l custodian, all persons believed to have a copy of the document, and the nature of the privilege or objection asserted.

R. If any document called for herein has been destroyed, that document is to be identified as in Instruction "Q" above.  ;

FEMA also is requested to state the date of destruction, place and manner of destruction, persons authorizing destruction and person destroying the document.

S. Information furnished in answer to an interrogatory may be furnished by reference to the answer provided for another  !

interrogatory, provided the other referenced answer fully responds to each request for information contained in the inter-rogatory. Separate answers should be provided for each inter-l rogatory and each subpart thereof, unless a complete answer to

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each interrogatory may best be presented through combining answers. The County is interested in this regard in receiving

.the relevant. data requested and any means of providing'such data Ewhich is less time-consuming for the responder but which is nevertheless complete will satisfy the intent of this discovery request.

T. Each interrogatory and document request shall be con-strued to impose upon FEMA the continuing obligation to supple-ment answers and document production whenever required by the NRC's Rules of Practice.

U. As used hereins (1) "Analysis" means research, investigation, audit, inspection, review, evaluation, testing, monitor-ing, or any other method or form of examining data and/or forming conclusions or recommendations.

(2) "NRC" or "NRC Staff" means the Nuclear Regulatory Commission and its staff, any division or section or region thereof, any staff member thereof, or any agent, consultant, contractor, technical advisor, employee, or representative (including but not limited to attorneys and accountants and their employees and agents) of the NRC.

(3) "FEMA" means the Federal Emergency Management Agency and its staff, any division or section or region thereof, any staff member thereof, or any agent, consultant, contractor, technical advisor, employee, or representative (including but not limited to attorneys and accountants and their-employees and agents) of FEMA.. ,

(4) References to LILCO's "EBS' proposal" are to the proposal first put forth by LILCO-on November.6, 1987.1/-'

V. If FEMA is unable to answer-any-. interrogatory or portion thereof, identify the person whom FEMA believes has the knowledge or information which the interrogatory addresses.

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1/ Sag LILCO's Motion for Summary Disposition of the WALK Radio Issue (Nov. 6, 1987).

00CXETED Ma rch 3, - 19gg1RC UNITED STATES OF AMERICA gg y 7 p4 33 NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensino BarrdE OF 5SREut t 00CKETING A SERvici; BRANCH

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In the Matter of )

)

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO FEMA REGARDING EMERGENCY BROADCAST SYSTEM have been served on the following this 3rd day of March, 1988 by U.S. mail,.first class, except as otherwise noted.

James P. Gleason, Chairman Mr. Frederick J. Shon Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 James P. Gleason, Chairman William R. Cumming, Esq.

• 513 Gilmoure Drive Spence W. Perry, Esq.

Silver Spring, Maryland 20901 Office of General Counsel Federal Emergency Management Agency Dr. Jerry R. Kline 500 C Street, S.W., Room 840 Atomic Safety and Licensing Board Washington, D.C. 20472 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 W. Taylor Reveley, III, Esq.

Hunton & Williams Fabian G. Palomino, Esq. P.O. Box 1535 Richard J. Zahnleuter, Esq. 707 East Main Street Special Counsel to the Governor Richmond, Virginia 23212 Executive Chamber, Rm. 229 State Capitol Albany, New York 12224

E Joel Blau, Esq. Anthony F. Earley, Jr., Esq.

Director, Utility Intervention General Counsel N.Y. Consumer Protection Board Long Island Lighting Company Suite 1020 175 East Old Country Road Albany, New York 12210 Hicksville, New York 11801 E. Thomas Boyle, Esq. Ms. Elisabeth Talbbi,. Clerk Suffolk County Attorney Suffolk County Legislature Bldg. 158 North County Complex Suffolk County Legislature Veterans Memorial Highway Office Building Hauppauge, New York 11788 Veterans Memorial Highway Hauppauge, New York 11788 Mr. L. F. Britt Stephen B. Latham, Esq.

Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power Station 33 West Second Street North Country Road Riverhead, New York 11901 Wading River, New York 11792 Ms. Nora Bredes Docketing and Service Sect 1on Executive Director Office of.the Secretary

, Shoreham Opponents Coalition U.S. Nuclear Regulatory Comm.

195 East Main Street 1717 H Street, N.W.

Smithtown, New York 11787 Washington, D.C. 20555 Alfred L. Nardelli, Esq. Hon. Patrick G. Halpin New York State Department of Law Suffolk County Executive 120 Broadway, 3rd Floor H. Lee Dennison Building Room 3-118 Veterans Memorial Highway New York, New York 10271 Hauppauge, New York 11788 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee Suite K P.O. Box 231 San Jose, California 95125 Wading River, New York 11792 Mr. Jay Dunkleburger George E. Johnson, Esq.

New York State Energy Office Edwin J. Reis, Esq.

Agency Building 2 Empire State Plaza Office of the General Counsel U.S. Nuclear Regulatory Comm.

Albany, New York 12223 Washington, D.C. 20555 l David A. Brownlee, Esq. Mr. Stuart Diamond Kirkpatrick & Lockhart Business / Financial 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 W. 43rd Street New York, New York 10036 l

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Douglas J. Hynes, Councilman Town Board of Oyster Bay Town Hall

' Oyster Bay, New York 11771 i

a Michael J. M dsal \

KIRKPATRICK)& LOCKHART 1800 M Street, N.W.

South Lobby - 9th Floor Washington, D.C. 20036-5891

• Mailed on March 3, 1988 and Hand Delivered on March 4, 1988 i

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