ML20148U429

Suffolk County Answers to Lilco Second Set of Interrogatories & Requests for Production of Documents Re Role Conflict of School Bus Drivers.* Related Correspondence

ML20148U429
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	01/27/1988
From:	Mark Miller KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	LONG ISLAND LIGHTING CO.
Shared Package
ML20148U431	List: ML20148U429 ML20148U600
References
CON-#188-5476 OL-3, NUDOCS 8802040020
Download: ML20148U429 (13)

Text

___________ __

.f -

9 /76 ,

RELATED CORRES.I.WtDS DOCKETED January 27, Y B8 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Orric? c: 9 ,rt w <

Before the Atomic Safety and Licensino B6i?di$ .1 un m% M i at

)

In the Matter of )

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

)

(Shoreham Nuclear Power Station )

Unit 1) )

)

SUFFOLK COUNTY'S ANSWERS TO LILCO'S SECOND SET OF INTERROGATORIES AND RBQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING ROLE CONFLICT OF SCHOOL BUS DRIVERS On January 13, 1988, LILCO filed its "Second Set of Inter-rogatories and Requests for Production of Documents Regarding Role Conflict of School Bus Drivers to Suffolk County and New York State" ("Second Discovery Request"). Pursuant to 10 CFR S 2.740b, Suffolk County (the "County") hereby responds to LILCO's Second Discovery Request.

I. GENERAL RESPONSE A. All documents identified in these Answers will be pro-vided within the time allotted by the NRC's Rules of Practice, to the extent the County does not object to their production.

8802040020 880127 'h PDR o

ADOCK 05000322 PDR 3- h

p---

i o l t

B. The County objects to all interrogatories and document requests to the extent they seek information or documents outside of the possession, custody or control of the County.  !

1 C. The County objects to all interrogatories, document requests, definitions, and instrnctions insofar as they require the disclosure of any information protected by the attorney-client privilege or work prcduct doctrine.

II. ANSWERS TO INTERROGATORIES AFD DOCUMENT _REOUESTS Interroaatories 1

LILCO Interroaatory No. 23 i

23. Identify by type of emergency, locat!sn of emergency, and date of emergency all past emergencies (for example, floods, fires, snowstorms, or hurricanes) known to Intervenors or their Contractors or mentioned in documents in the possession, custody, er control of Intervenors or their Contractors in which bus drivers were called upon to transport people because of the emergency -- for example, to transport school pupils or other members of the public either to their homes (for example, in early dismissal of schools) or to places of safety away from their homes. Include in "emergencies" any event (for example, snowstorms) that caused a school to dismiss earlier than usual. In each such emergency, how many bus drivers were called upon to transport people because of the emergency?

Answer. Suffolk County states that, at the present time, and to the best of its knowledge, the County is generally aware that .here have been early dismissals involving bus transporta-

.. . __ .= _ _-_ . . _ - .

i i

tion of children from schools during snowstorms. With the excep- l tion of discovery materials and testimony by all parties in con-junction with the emergency planning proceedings of 1983-84, the I County is not aware of any information within its possession, custody or control which is responsive to this Interrogatory. To the extent such information may be found in the record of the 4 1983-84 litigation, such information is as accessible to LILCO as it is to the County. The County is, however, currently in the process of searching for any additional documents that would be

responsive to this Interrogatory, and will promptly inform LILCO

^:

if any such documents are identified or if the County otherwise becomes aware at any information responsive to this Inter-l rogatory. On information and belief, some of the information requested may be in the possession, custody or control of the school districts which govern the schools at issue (i.e., those schools listed in Attachment 1 to "LILCO's Motion for Summary Disposition of Contention 25.C (' Pole Conflict' of School Bus Drivers)," dated October 22, 1987. The school districts are separate and distinct political entities from the County, how-ever.

- LILCO Interroaatory No. 24 t

24. How many instances are known to Intervenors or their Contractors or reported in documents in their posses-

sion, custody, or control of bus drivers, in any emer-i gency, attending to the safety of their own families i before reporting to perform their bus driving duties?

For each of the bus drivers whc, in an emergency of any l

kind, attended to the safety of his own family before I reporting to perform his bus driving duties, provide

! the following informations i

l l

i

a. What relationship to the driver (for example, son or wife) was the person or persons whose safety the driver attended to before performing his bus-driving duties?

b. What was the emergency?

c. What was the date of the failure to perform or delay in performing?

d. What person or what document has the information about the failure to perform or delay in per-forming?

i e. For each delay in performing, how long was the l delay?

Answer _. With the exception of testimony during the emer-gency planning proceedings of 1983-84, Suffolk County states that, at the present time, and to the best of its knowledge, the County is not aware of any information within its possession, custody or control which is responsive to this Interrogatory. To the extent such information may be found in the record of the 1983-84 litigation, such information is as accessible to LILCO as it is to the County. The County, however, is currently in the process of searching for any additional documents that would be responsive to this Interrogatory, and will promptly inform LILCO if any such documents are identified or if the County otherwise becomes aware of any information responsive to this Inter-rogatory.

LILCO Interroaatory No. 25

25. Of the school bus drivers who serve the schools listed in Attachment 1 to "LILCO's Motion for Summary Disposi-tion of Contention 25.C (' Role Conflict' of School Bus Drivers)," dated October 22, 1987, how many have other l

members of their families living in the Shoreham ten-mile EPZ?

Answer. With the possible exception of testimony during the emergency planning proceedings of 1983-84, Suffolk County states that, at the present time, and to the best of its know-ledge, the information requested by this Interrogatory is not within the possession, custody or control of the County. To the extent such information may be found in the record of the 1983-84 litigation, such information is as accessible to LILCO as it is to the County.

LILCO Interrocatory No. 26

26. When the school bus drivers who serve each of the schools specified in Attachment 1 to "LILCO's Motion for Summary Disposition of Contention 25.C (' Role Con-flict' of School Bus Drivers)," dated October 22, 1987, are trained for their jobs, what are they told about

a. Dealing with emergencies of any kind?

b. Performing their duties when schools dismiss early?

c. Caring for their own families in cases of early school dismissals or emergencies?

d. Providing notice to the school or bus company when they will not perform their jobs?

f Answer. The information requested by this Interrogatory is not within the possession, custody or control of Suffolk County.

On information and belief, such information may be in the posses-sion, custody or control of the cchool districts which govern the l

schools at issue. The school districts are separate and distinct political entities from the County, however.

LILCO Interrocatory No. 27

27. When bus drivers are trained to drive buses for radio-logical emergency plans for nuclear plants in New York State other than Shoreham, what are they told about caring for their families in emergencies?

I Answer. Without conceding the relevance of the information sought, Suffolk County states that the requested information is not within the possession, custody or Jntrol of the County. To

]

the extent such information is in the emergency plans for plants in New York State other than Shoreham, such information is as accessible to LILCO as it is to the County.

M kCO Interrocatorv No. 28

, 28. Please list all New York State and Suffolk County agencies, personnel, and Contractors who were asked to provide the information to respond to this Second Set

of Interrogatories and Requests.

l Answer. Suffolk County objects to this Interrogatory to the extent it purports to seek information from the County re-garding the involvement of New York State agencies, personnel, and contractors in responding to LILCO's Second Discovery Re-

quest. Such information is not within the possession, custody or 1

control of the County. Moreover, Suffolk County objects to this

! Interrogatory to the extent it includes counsel for the County j within its scope. Notwithstanding and without waiving these ob-jections, the Suffolk County personnel who were asked to provide responses were the persons identified in Attachment 1 to these Answers.

Document Reauests LILCO Interrocatory No. 29

29. Please provide an up-to-date copy of all early dis-missal and/or emergency plans for each of the schools identified in Attachment 1 of "LILCO's Motion for Summary Disposition of Contention 25.C (' Role Conflict' of School Bus Drivers)," dated October 22, 1987.

Answer. As LILCO is well aware, the prefiled testimony on i schools issues submitted by LILCO during the 1983-84 emergency 4

planning proceedings included copies of "go heme" and emergency a

closing plans for the following school districts and schools:

. Boces I; Boces II; Shoreham-Wading River School District; Middle Island; Little Flower Union Free School District; Miller Place Union Free School District; Port Jefferson; Comsewogue School District; Middle Country; South Manor Riverhead Central School l

District; William Floyd; St. De.vid's School; and St. John's Pre-School. With the exception of this information, which is avail-I able in the record of the 1983-84 emergency planning proceedings,

! and is therefore as accessible to LILCO as it is to the County, the County states that, at the present time, and to tha best of its knowledge, the Cvunty does not have within its possession, j

l custody or control any early dismissal and/or emergency plans i

! that might exist for any of the schools identified in Attachment l

I t ._

. . . - - - _ _ . . ~ . .

l 1 to "LILCO's Motion for Summary Disposition of Contention 25.C

(' Role Conflict' of School Bus Drivers)," dated October 22, 1987. i However, the County is currently in the process of searching for j any documents that would be responsive to this Interrogatory, and will promptly inform LILCO if any such documents are identified. l On information and belief, the requested documents, if they i

exist, would presumably be in the possession, custody or control of the school districts which govern the schools at issue. The school districts are separate and distinct political entities r r

from the County, however. -

LILCO Interroaatory No. 30 i

30. Please provide a copy of all documents used in pre- ,

l paring the answers to Requests 23-28 above. l Answer. Suffolk County objects to this Interrogatory because it is overly broad, redundant, and unduly burdensom'J.

l Where LILCO has requested specific documents or categories of [

documents, the County has responded appropriately. Notwith-l standing this objection, Suffolk County will provide LILCO with l t

i any documents that are responsive to this Interrogatory and not privileged during the time period specified by the NRC Rules of l l

l Practice.

i t

1 1 r I i

t I  !

f i

k t

i i

[

Obiections Stated by Counsel All objections and assertions of privilege, or reference thereto, were stated by counsel.

Respectfully submitted, Ib Yl Michael S. Miller J. Lynn Taylor Kirkpatrick & Lockhart 1800 M Street, N.W.

South Lobby - 9th Floor Washington, D.C. 20036 Attorneys for Suffolk County January 27, 1988

_9_

.. - e

• Attachm:nt 1 Patrick G. Ralpin Edward Boughal Joe Sanseverino County Executive Budget Unit Director, Comm. Dev.

9th Floor Dennison Bldg. 8th Floor Dennison Bldg. 62 Eckerkamp Drive Hauppauge Hauppauge Smithtown, N.Y.

Thomas J. McAteer, Jr. Bruce Blower Peggy Mason Chief Deputy County Exec. Handicapped Services County Exec. Asst.

9th Floor Dennison Bldg. 65 Jetson Lane 9th Floor Dennis Bldg.

Hauppauge Central Islip Hauppauge Frank Petrone John Bianchet Joseph Schneider County Executive Office Office for the Aging Data Processing 9th Floor Dennison Bldg. 65 Jetson Lane Bldg. 50 Hauppauge Central Islip Hauppauge Dennis McCarthy James Leigh Don Fahey County Executive Office Youth Bureau Federal and State Aid 9th Floor Dennison Bldg. 65 Jetson Lane lith Fl., Dennison Bldg.

Hauppauge Central Islip Hauppauge Brad O'Hearn Daniel Bahr Jane Hollander Director of Communications Labor Relations Dir., Offica for Women 9th Floor Dennison Bldg. Oval Drive 65 Jetson Lane Hauppauge Hauppauge Central Islip Louis Soleo Glen Middloton Eileen Kremers County Executive Offico County Exec. Asst. DWI Coordinator 9th Floor Dennison Bldg. 9th Floor Dennison Bldg. 8th Fl., Dennison Bldg.

4 Hauppauge Hauppauge Hauppauge Thomas McAdam Margaret M. Reese Evelyn Roth l

Budget Unit County Exec. Asst. Deputy County Exec.

9th Floor Dennison Bldg. 9th Floor Dennison Bldg. 9th F1. Dennison Bldg.

! Hauppauge Hauppauge Hauppauge I Larry Schwartz Louise Jones Robert Kurtter Deputy County Exec. Affirmative Action Deputy County Exec.

9th Floor Dennison Bldg. 65 Jetson Lane 9th F1. Dennison Bldg.

Hauppauge Central Islip Hauppauge James Patterson John Liguori Kevin Law Insurance & F.isk Management Criminal Justice County Exec. Asst.

10 Oval Drive Coordinating Council 9th F1. Dennison aldg.

Hauppauge 65 Jetson Lane Hauppauge Central Islip Lin Taylor Lisa A. Mirabella Joan Ward County Exec. Office County Exec. Asst. Human Resouces Liaison 9th F1. Dennison Bldg. 9th Fl. Dennison Bldg. Human Resources Hauppauge Hauppauge 65 Jetson Lane 1

4

r Joseph R. Caputo Alan Schneider Robert Kreiling Audit and Control Civil Service Dept. S.C. Community College 10th Fl. Dennison Bldg. 65 Jetson Lane Selden Hauppauge Central Islip Edward Draffin Shirley De Matteo patrick Henry Probation Department Civil Service Dept. District Attorney Yaphank 65 Jetson Lane Riverhead Central Islip Lawrence A. Dos Santcc Dr. David Harris William Canary Veterans Service Agency Health Services Board of Elections Hauppauge Hauppauge Yaphank Ricardo Montana Jean Tuthill George Wolf Human Rights Commission Finance and Taxation Board of Elections 65 Jetson Lane Riverhead Yaphank Juliette Kinsella Anthony Mastroianni County Clerk Public Adminstrator Riverhead Riverhead Elizabeth Talbbi Robert Sgroi Lee E. Koppelman Clerk of the Legislature Dept. of Real Estate Planning Dept.

Hauppauge Hauppauge Hauppauge 4 E. Thomas Boyle Frank Diamante Thomas Junor County Attorney Real Prop. Tax Sve. Agency Economic Development Building 158 Riverhead Hauppauge l Hauppauge

. Eugene Dooley A. Barton Cass Harold Withers

! Sheriff Commissioner Consumer Affairs Dept.

Riverhead Public Works Dept. Hauppauge Yaphank Eric Kopp John D. Chester Gerald V. Cronin l

General Services Parks Department Div. of Transportation Hauppauge West Sayville H. Lee Dennison Hauppauge i

l David Gruen James Caples

Budget Review office Police Dept.

I County Legislature Yaphank Hauppauge John Wehrenberg Deputy commissioner Police Department

Yaphank l

Department Heads List for ADHs.

l Page 2 of 3 l

l

r-

.4 e Berbert Davis Commissioner, FRES Yaphank Daniel Fricke Cooperative Extension 246 Griffing Avenue Riverhead, NY 11901 Vanderbilt Museum ISO Little Neck Road Centerport, NY 11721 Stanley Pauzer Soil and Water Conservation 164 Old County Road Route 58 Riverhead, NY 11901 Alice Amrhein Commissioner Dept. of Social Services Rabro Dr., Hauppauge Raymond Allmendinger Labor Department Hauppauge Charles Novo, Jr.

, Suffolk County Assoc. of Municipal Espicyees, Inc.

600 Middle Country Road Selden, NY 11784

! Legal Aid i John F. Middlemiss, Jr.

! 260 W. Main Street 1 Bay Shore, NY 11706 i

l l

i i

Department Heads List for ADHs Page 3 of 3 l

l l

VERIFICATION Frank P. Petrone, being duly sworn, deposes and says: that he is currently the Special Assistant to the Suffolk County Executive; that he has been involved in matters related to the Shoreham Nuclear Power Plant since January 1987; that he has read the County's Answers to LILCO's Second Set of Interrogatorier and Requests for Production of Documents Regarding Role Conflict of School Bus Drivers and knows the contents thereof; that the facts stated in the County's Answers are based on his personal knowledge or on reasonable inquiry of appropriate County personnel, as well as on additional information provided by counsel; and that he believes the matters stated therein to be true to the best of his knowledge and belief, and therefore verifies the foregoing on behalf oE/Shf folk County.

/ ,/

N.

Frank P. Petrone State of New York ) SS:

I, L. t N b A C . ~I"A 4 0.d R. , a Notary Ptablic in and for the jurisdiction aforesaid, hereby certify that Frank P. Petrone, whose name is signed to the foregoing Answers to Interrogatories, dated January 27, 1988, has personally sworn before me that the statements therein are true to the best of his knowledge and belief.

W .

0 ktMc Tm09 H **#Y #"D1 NOTARY FUOLIC. State of New Yut N150 4015150 LffcW Cra.nt/

My Commisaion expires: CommW Loireu :y 31.19 U i