ML20148H789
| ML20148H789 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 01/19/1988 |
| From: | Zahnleuter R NEW YORK, STATE OF |
| To: | LONG ISLAND LIGHTING CO. |
| References | |
| CON-#188-5408 OL-3, NUDOCS 8801270304 | |
| Download: ML20148H789 (20) | |
Text
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DOCKEIED January 19, 1988 USNRC 2 JM 26 P2:30 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE C4 acat1Agy 00CKEIiNG A 'iLi'VICf~
Before the Atomic Safety and Licensina Board BRANCH In the Matter of )
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3 (Shoreham Nuclear Power Station, ) (Emergency Planning)
Unit 1)
RESPONSE OF THE STATE OF NEW YORK TO LILCO'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING ROLE CONFLICT OF SCHOOL BUS DRIVERS This is the State of New York's response to "LILCO's First Set of Interrogatories and Requests for Production of Documents Regarding Role Conflict of School Bus Drivers to Suffolk County and New York State," dated January 5, 1988.
Identification of Witnesses LILCO Interrocatory No. 1
- 1. Please identify each witness intervenors expect to call on any factors concerning "whether, in light of the potential for role conflict, a sufficient number of school bus drivers can be relied ipon to perform emergency evacuation duties."
Memorandum and Order (Ruling on Applicant's Motion of October 22, 1987 for Summary Disposition of Contention 25.C "Role Conflict" of School Bus Drivers) (December 30, 1987) at 5.
8801270304 880119 .
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- o For each witness, other than experts, that Intervenors expect to call, state the subject matter on which he is expected to testify and the substance of the facts to which he is expected to testify. For each witness that Intervenors expect to call as an expert witness, state the subject matter on which he is expected to testify, the substance of the facts and opinions to which he is expected to testify, and the summary of the grounds for each such opinion.
Response: The State of New York is currently in the process of identifying witnesses it expects to call during the hearings. The State of New York will supplement this response if and when such witnesses are identified.
LILCO Interrocatory No. 2
- 2. For each witness, please provide a copy of his most current curriculum vitae, resume, or statement of professional qualifications.
Response: This information will be provided if and when it is appropriate. See the response to Interrogatory No. 1.
LILCO Interrocatory No. 3
- 3. Please list any NRC, legislative, or other legal proceeding in which each witness has testified on any matter concerning role conflict or school evacuations during disasters or emergencies.
Response: This information will be provided if and when it is appropriate. See the response to Interrogatory No. 1.
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LILCO Interroaatory No. 4
- 4. Please~ provide a copy of any prefiled testimony listed in response to Interrogatory 3 above.
Response: This information will be provided if and when it is appropriate. Han the response to Interrogatory No. 1.
LILCO Interroaatorv No. 5
- 5. Please identify all articles, papers, and other documents authored or coauthored by each witness on the subject of role conflict or school evacuations during disasters or emergencies.
Recosonse: This information will be provided if and when it is appropriate. Egg the response to Interrogatory No. 1.
LIICO Interroaatorv No. 6
- 6. Please state whether each witness has prepared, or has had prepared, any written studies, reports, analyses, or other documents with respect to any of the following:
(a) Role' conflict during large-scale disasters or emergencies especially concerning, but not limited to, school bus drivers or other persons who traditionally do l
not have emergency roles during emergencies.
(b) School evacuations or plans for school evacuations for disasters or emergencies, including, but not limited to, a Shoreham emergency.
Rosconse: This information will be provided if and when it is t
appropriate. Egg the response to Interrogatory No. 1.
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LILCO Interroaatory No. 7
- 7. Unless the answer to Interrogatory 6 above is a simple negative, please identify and provide a copy of each document.
Resoonse: This information will be provided if and when it is appropriate. Egg the response to Interrogatory No. 1.
Identification of Information LILCO Interroaatory No. 8
- 8. Please identify the number of students currently enrolled at each school located in the 10-mile EPZ for Shoreham as identified in "LILCO's Motion for Summary Disposition of Contention 25.C ("Role Conflict" of School Bus Drivers)
(October 22, 1987) (hereinafter "Motion") at Attachment 1, and the source of this information. Identify which of these schools are on split sessions and provide the current number of students in attendance during each split session for each ,
school.
ResDonse: Based upon information provided by the schools to the New York State Education Department, upon information and belief, student enrollment for schools within the 10-mile EPZ is :
School District Enrollment South Manor Union Free School District South Street School 377 Dayton Avenue School 498 Riverhead Central School District Riley Avenue Elementary School 335
Riverhead Junior High School 788 Riverhead High School _
1,073 Shoreham-Wading River Central School District Briarcliff Road School 171 Miller Avenue School 278 Shoreham-Wading River Middle School 484 Shoreham-Wading River High School 718 Wading River School 370 Little Flower Union Free School District Little Flower Elementary School 80 Patchogue-Medford Union Free School District Eagle Elementary School 774 Rocky Point Union Free School District Joseph A. Edgar School 574 Rocky Point Junior-Senior High School 1,174 Rocky Point Elementary School 920 Miller Place Union Free School District North Country Road School 418 Andrew Muller Primary School 793 Sound Beach School 606 Miller Place High School 821 Longwood Central School District l Charles E. Walters Elementary School 1,083 Longwood High School 1,908 Ridge Elementary School 1,225 West Middle Island Elementary School 787 Coram Elementary School 917 Longwood Junior High School / Middle School 2,595 Mt. Sinai Union Free School District Mt. Sinal Elementary-Junior High School 960 Mt. Sinai Elementary School 684 Port Jefferson Union Free School District Port Jefferson Junior High School 279 Port Jefferson Elementary School 588 Earl L. Vandermeulen High School 1,049 1
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Comsewogue Union Free School District Clinton Avenue Elementary School 487 Comsewogue Senior High School 1,338 Terryville Elementary School 404 J.F. Kennedy Jr. High School 552 Upon information and belief, the only school on the above list that is on a split session is Longwood Junior High School / Middle School. The current number of students in attendance at Longwood Junior High School is 1,297. Those students occupy the building in the morning. The current number of students in attendance at Longwood Middle School is 1,298.
Those students occupy the building in the afternoon.
To the extent that this interrogatory seeks information of any sort that is not possessed by the State of New York, but, rather, by school districts, the State of New York objects.
School districts are autonomous from the State of New York and i are not within the control of the State of New York.
l Accordingly, the burden of obtaining such information is the same for LILCO as it is for the State of New York.
LILCO Interroaatorv No. 9
- 9. Please identify each and every bus company that contracts with each school identified in LILCO's Motion at Attachment 1 to transport school children. For each school, specify which l
l bus companies provide buses and drivers.
1 Response: Based upon information provided by school districts to the New York State Education Department, upon information and l
l belief, the bus companies that contract with each school district l
l identified in LILCO's Motion at Attachment 1 are:
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School District Bus Company Comsewogue Medi Bus BOCES Suffolk II Little Flower Seaman Bus Co.*
Longwood Suburbia Bus BOCES Suffolk II Miller Place Medi Bus Coram Bus Service Seaman Bus Company Better Bus Co.
Mount Sinal Medi Bus Harbor View Bus Co.
BOCES Suffolk II Patchogue-Medford United Bus Crimson Coach Corp.
BOCES Suffolk II Port Jefferson BOCES Suffolk II Coram Bus Service Better Bus Co.
Jay Dee Tomfor Trans.
Riverhead Easport UFSD Seaman Bus. Co.
Rocky Point BOCES Suffolk II Seaman Bus Co.
Shoreham-Wading River Seaman Bus Co.
South Manor BOCES Suffolk II
- Seaman Bus Co. contracts with Little Flower School District, but as of January 19, 1988, no contract has been filed for bus service in the 1987-1988 school year.
The State of New York does not possess information concerning which b.us companies service which particular schools in a school district.
To the extent that this interrogatory seeks information of any sort that is not possessed by the State of New York, but
rather, by school d'istricts or bus companies, the State of New York objects. School districts and bus companies are autonomous from the State of New York and are not within the control of the State of New York. Accordingly, the burden of obtaining such information is the same for LILCO as it is for the State of New York.
LILCO Interrocatory No. 10
- 10. Identify the number of school bus drivers under contract to or on the payroll of each school and school district in the EPZ identified in LILCO's Motion at Attachment 1. Specify the number of drivers that are designated for each school.
Response: To date, the only information the State of New York has been able to locate concerning the number of school bus drivers on the payroll of or under contract to the school districts identified in LILCO's Motion at Attachment 1 is set forth below. The information, though, lumps school bus drivers and mechanics together and does not distinguish between them, is restricted to school bus drivers and mechanics on the payroll of the school districts, and does not identify the number of school bus drivers designated for each school. Accordingly, based upon information provided by the school districts, upon information and belief, the number of school bus drivers and mechanics on the payroll of each pertinent school district is:
School District School Bus Drivers and Mechanics Port Jefferson 1 O
Miller Place 1 Rocky Point 3 Patchogue-Medford 23 Riverhead 52 Upon information and belief, the number for all of the other school districts is zero.
To the extent that this interrogatory seeks information of any sort that is not possessed by the State of New York, but rather, by school districts or bus companies, the State of new York objects. School districts and bus companies are autonomous from the State of New York and are not within the control of the State of New York. Accordingly, the burden of obtaining such information is the same for LILCO as ic is for the State of New York.
LILCO Interrocatorv No. 11'
- 11. Identify any contacts and communications the Intervenors have had with any school or school district in the EPZ regarding evacuation of those schools during a Shoreham emergency.
Include, for each contact and communications, the school or school district contacted and the person talked with, the date of each contact, and the substance of each conversation.
Please produce any documents related to such contacts.
l Re9eonse: The State of New York has not had any such contacts or
! communic'ations. However, to the extent that this interrogatory f
seeks information of any sort that relates to contacts by counsel, the State of New York objects based on attorney work product l
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doctrine. ;
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LILCO Interroaatorv No. 12
- 12. Identify any contacts the Intervenors have had with any bus companies under contract to the schools and school districts in the EPZ regarding evacuation of those schools during a Shoreham emergency. Include, for each contact, the bus company contacted and the person talked with, the date of each contact, and the substance of each conversation. Please produce any documents related to such contacts.
Response: The State of New York has not had any such contacts or communications. However, to the extent that this interrogatory seeks information of any sort that relates to contacts by counsel, the State of New York objects based on attorney work product doctrine.
LILCO Interroaatory No. 13
- 13. Identify any contacts the Intervenors have had with any bus companies on Long Island, to the extent not identified in Interrogatory 13, regarding evacuation of those schools during a Shoreham emergency. Include, for each contact, the bus company contacted and the person talked with, the date of each contact, and the substance of each conversation.
Please produce any documents related to such contacts.
Response: The State of New York has not had any such contacts or communic'ations. However, to the extent that this interrogatory seeks information of any sort that relates to contacts by counsel, the State of New York objects based on attorney work product
doctrine.-
LILCO Interroaatorv No. 14
- 14. Identify any contacts the Intervenors have.had with any school bus drivers on the payroll of or under contract with schools or school districts-in the EPZ regarding evacuation of those schools during a Shoreham emergency. Identify, for each contact, the person talked with, the date of each contact, and the substance of each conversation. Please produce any documents related to such contacts.
Response: The State of New York has not had any such contacts or communications. However, to the extent that this interrogatory seeks ~information of any sort that relates to contacts by counsel, the State of New York objects based on attorney work product l
doctrine.
LILCO Interroaatory No. 15
- 15. State, for all nuclear power plants in New York State other than Shoreham, whether schools and school districts in the EPZs for those plants plan to evacuate school children in a single wave or in multiple waves. In responding to this l
request, identify this information on a county-by-county basis for each nuclear power plant in New York.
Response: Without agreeing to the relevancy of this interrogatory, the State of New York submits the following i
response. The answers to this interrogatory are set forth in the individual radiological emergency preparedness plans for l
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counties of Monroe, Wayne, Oswego, Putnam, Rockland, Westchester and Orange. This information is as readily available to LILCO as it is to the State of New York. Since ic is evident from "LILCO's Motions for Summary Disposition of Contentions 1-2 and 4-10, "
dated December 18, 1987, that LILCO possesses the plans in question and has studied them, and since the burden of determining the content of these plans is the same for LILCO as it is for the State of New York, the county plans require no explanation from the State of New York.
LILCO Interrocatory No. 16
- 16. State, for all nuclear power plants in New York State other than Shoreham, whether schools and school districts in the EPZs for those plants plan to use bus drivers to evacuate school children in addition to school bus drivers ordinarily on the payrolls of or under contract to these schools and school districts. In responding to this request, identify this information on a county-by-county basis for each nuclear power plant in New York.
Response: See the response to Interrogatory No. 15.
LILCO Interrocatory No. 17
- 17. For additional bus drivers, if any, identified in response to l
Interrogatory 16 above, identify the type of training these-I bus drivers receive and the laws, regulations, and ordinances tha't govern the use of these additional bus drivers to 1
evacuate school children during a radiological emergency.
( Response: See the responses to Interrogatories Nos. 15 and 21.
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Identification of Other Documents LILCO Interroaatory No. 18
- 18. Please identify and provide a copy of any document not already identified in response to Interrogatories 7 and 11-14 above on which Intervenors intend to rely in support of their position on the issue of whether there will be a sufficient number of school bus drivers to evacuate schools during a Shoreham emergency.
Resoonse: The State of New York has not identified any responsive documents yet. If and when any responsive documents are identified, they will be produced as appropriate.
Alleced Deficiencies in Lilco's Prcoosal to Use LERO School Bus Drivers to Evacuate Schools in the EPZ LILCO Interroaatory No. 19
- 19. Please list each and every factor that Intervenors claim l might make LILCO's proposal to evacuate all schools in the EPZ in a single wave unworkable and inadequate to protect the public health.
l Response: LILCO's school bus driver proposal is unworkable and l
inadequate because LILCO does not possess the necessary legal ,
l authority; LILCO has not obtained the necessary approval, permission, agreement or certification of the school districts or i other governmental entities; LILCO has not provided the necessary I
information about relocation centers for schoolchildren; LILCO has 1
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not provided sufficient information about its bus drivers recruitment, selection, training or licensing attempt; LILCO has not obtained the necessary agreements to provide the necessary number of school buses; LILCO has not provided sufficient information about how school bus drivers will be integrated into the LILCO Plan or how they will function or be managed under the LILCO Plan; LILCO has not provided sufficient assurance that it can implement an early dismissal or evacuation of schoolchiluren.
The State of New York reserves its right to supplement this list as appropriate.
LILCO Interrocatory No. 10
- 20. To the extent not covered by the answer to Interrogatory 9 above, please list every respect in which Intervenors claim that LILCO's procedures for using auxiliary school bus drivers to evacuate school children are inadequate.
Resocnse: The answer is the same as the answer to Interrogatory No. 19.
LILCO Interrocatory No. 21
- 21. Please list each and every State and local law, regulation, or ordinances that Intervenors claim might make LILCO's proposal to evacuate schools in the EPZ in a single wave illegal.
Response: The State of New York objects to this interrogatory because'it seeks the results of legal research by counsel and infringes on the attorney work product doctrine. Nevertheless, subject to further study, the following laws are responsive:
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I Sections 3623 and 3624 of the Education Law; Part 156 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York; Article 19-A of the Vehicle and Traffic Law; Part 6 of Title 15 of the Official Compilation of Codes, Rules and Regulations of the State of New York; Section 3635 of the Transportation Law.
LILCO Interrocatory No. 22
- 22. Please list each and every State and local law, regulation, or ordinance that the Intervenors claim that LILCO must satisfy to use auxiliary school bus drivers and buses to evacuate school children during a shoreham emergency.
Resconse: The answer to this interrogatory is the same as the answer to Interrogatory No. 21.
Obiections Stated by Counsel Counsel states all objections, assertions of privilege, and answers not requiring verification.
n A f '!& f Lfhah
'Richar J/4ghnleuter Deput "peY1al Counsel to the Governor t
j Attorney for Mario M. Cuomo, l
Governor, and the State of New York l
1
VERIFICATION John J. Stiglmeier, being duly sworn, deposes and says: that he is currently serving as the Director of the New York State Education Department's Information Center on Education, that he has read the answers to Interrogatories #8 and 10; and that based upon such information of which he has personal knowledge and with
.which he has been provided, he is informed and believes the matters stated therein to be true to the best of his knowledge and belief, and on these grounds alleges that the matters stated therein are true and therefore verifies the foregoing on behalf of the State of New York.
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J oift J. ' iglmeier Sworn to before me this /TO day of January 1988.
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o W IFICATION Richard Ahola, being duly sworn, deposea and says: that he is currently serving as the Chief of the New York State Education Department's Bureau of Education Management Services, that he has read the answers to Interrogatory #9; and that based upon such information of which he has personal knowledge and with which he has been provided, he is informed and believes the matters stated therein to be true to the best of his knowledge and belief, and on these grounds alleges that the matters stated therein are true and therefore verifies the foregoing on behalf of the State of New York.
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Ri'hard Ahola Sworn to before me this N day of January 1988.
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DOCKETED USNHC 3 ATE: January -19,1988
'88 JAN 26 P2:31 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFriCE 00CKEitNG 6Of SERVIC SECRO BRANCli Before the Atomic Safety and Licensing Board 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 1 hereby certify that copies of Response of the State of New York to LILCO's First Set of Interrogatories and Requests for Production of Documents Regarding Role Conflict of Schcoi Bus Drivers, have been served on the following this 19th day of January,1988 by U.S. mail, first class, except as noted by an asterisk.
Mr. Frederick 3. Shon Spence W. Perry, Esq.
- Atomic Safety and Licensing Board William R. Cumming, Esq.
U.S. Nuclear Regulatory Commission Office of General Counsel, East-West Towers Federal Emergency Management Agency 4350 East-West Highway 500 C Street, S.W., Room 840 Bethesda, MD 20814 Washington, D.C. 20472 Dr. Jerry R. Kline Mr. James P. Gleason, Chairman Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20535 Washington, D.C. 20535
m l
Anthony F. Earley, Jr., Esq. Joel Blau, Esq.
General Counsel Director, Utility Intervention Long Island Lighting Company N.Y. Consumer Protection Board 175 East Old Country Road Suite 1020 Hicksville, New York 11801 Albany, New York 12210 Ms. Elisabeth Taibbi Mr. Donald P. Irwin*
Clerk Hunton & Williams Suffolk County Legislature 707 East Main Street Suffolk County Legislature P.O. Box 1535 Of fice Building Richmond, Virginia 23212 Veterans Memorial Highway Hauppauge, New York 11788 Stephen B. Latham, Esq.
Twomey, Latham & Shea Mr. L. F. Britt 33 West Second Street Long Island Lighting Company Riverhead, New York 11901 Shoreham Nuclear Power Station North Country Road Docketing and Service Section Wading River, New York 11792 Office of the Secretary U.S. Nuclear Regulatory Commission Ms. Nora Bredes 1717 H. Street, N.W.
Executive Director Washington, D.C. 20555 Shoreham Opponents Coalition 195 East Main Street Hon. Michael A. LoGrande Smithtown, New York 11787 Suffolk County Executive H. Lee Dennison Building Veterans Memorial Highway Adrian Johnson, Esq. Hauppauge, New York 11788 New York State Department of Law 120 Broadway,3rd Floor Dr. Monroe Schneider Room 3-116 North Shore Committee New York, New York 10271 P.O. Box 231 Wading River, New York 11792 MHB Technical Associates 1723 Hamilton Avenue Lawrence Coe Lanpher, Esq.
- Suite K Kirkpatrick & Lockhart San Jose, California 95125 1800 M. Street, N.W.
South Lobby - Ninth Floor E. Thomas Boyle Washington, D.C. 20036 Suffolk County Attorney Building 158 North County Complex George Johnson
- Veterans Memorial Highway U.S. Nuclear Regulatory Commission ^
Hauppauge, New York 11788 Washington, D.C. 20555 Mr. Jay Dunkleburger Douglas 3. Hynes New York State Energy Office Town Board of Oyster Bay Agency Building #2 Town Hall Empire State Plaza Oyster Bay, NY 11771 Albany, New York 12223 Mr. James P. Gleason Mr. Philip McIntire I Chairman FEMA Atomic Safety and Licensing Board 26 Federal Plaza l
513 Gilmoure Drive New York, New York 10278 Silver Spring, MD 20901 l
I
~l Mr. Stuart Diamond i David A. Brownlee, Esq.
Kirkpatrick & Lockhart Business / Financial 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 W. 43rd Street New York, New York 10036
- //n /
/ LY6 Richard J. ahnt t ,Esq.
Deputy Spe nsel to the Governor Executive Chamber Capitol, Room 229 Albany, New York 12224 (518)474-1273
- By Federal Express l
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