ML20148U626
| ML20148U626 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 01/27/1988 |
| From: | Zahnleuter R NEW YORK, STATE OF |
| To: | LONG ISLAND LIGHTING CO. |
| References | |
| CON-#188-5483 OL-3, NUDOCS 8802040073 | |
| Download: ML20148U626 (14) | |
Text
r p'[' 3 RELATED CORRESPONOg i
00CKETED DATE:
January 2 7, (153 8 8
'58 iEB -1 P4 57 UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION O R CC CT SECDETAFv 00CKEimu A LEl<viu.'
Before the Atomic Safety and Licensina Board EEAWi In the Matter of
)
)
IDNG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
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(Emergency Planning)
(Shoreham Nuclear Powcr Station,
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)
Unit 1)
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RESPONSE OF THE STATE OF NE YORK TO LILCO'S SECOND SET OF INTERROGATORIES AND REQUEST 3 FOR PRODUCTION OF DOCUMENTS REGARDING ROLE CONFLICT OF SCHOOL BUS DRIVERS und AMENDMENT AND SUPPLEMENTATION OF 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 This is the State of New York's response to "LILCO's Second Set of Interrogatories and Requesta for Production of Documents Regarding Role Conflict of School Bus Drivers to Suffolk County I
and New York State," dated January 13, 1988 ("LILCO's Second Set of Interrogatories and Requests").
In addition, the State of New York hereby amends and cupplements the "Response of the State of New York to LILCO's First Set of Interrogatories and Request for Production of Documents Regarding Role Conflict of School Bus Drivers," dated B802040073 800127 l
PDR ADOCK 05000322
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January 19, 1988.
("State of New York's January 19, 1988 Response").
To the extent that LILCO's Second Set of Interrogatories and Requests seeks information and documents of any sort that are not within the possession, custody or control of the State of New York, but, rather within the possession, custody or control of school districts, bus companies or county governments (including suffolk County), the State of New York objects.
School districts, bus companies and county governments are autonomous from the State of New York and are not within the State of New York's control.
Accordingly, the burden of obtaining such information is the same for LILCO as it is for the State of New York.
To the extent that LILCO's Second Set of Interrogatories and Requests seeks information and documents of any sort that are protected against disclosure, for example, by attorney work l
product doctrine, the State of New York objects.
To the extent that LILCO's Second Set of Interrogatories and Requests seeks information or documents of any sort that was developed or submitted in the emergency plar.ning proceedings conducted by the Laurenson Board in 1983-1984, the State of New York objects.
Such information or documentation has been as available to LILCO as it has been to the State of New York.
LILCO Interrocatory No. 21
- 23. Identify by type of emergency, location 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, or 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 hor.es.
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?
Resconse:
Other than information or documents submitted or developed in the emergency planning proceedings in 1983-1984, the State of New York has not been able, to date, to locate any responsive information within the possession, custody or control of the State of New York.
If and when such information is located, the information will be provided as appropriate.
LILCO Interroaatory No. 24
- 24. How many instances are known to Intervenors or their Contractors or reported in documents in their possession, custody, or control of bus drivers, in any emergency, attending to the safety of their own families before reporting to perform their bus driving duties?
For each of the bus drivers who, in an emergency of any kind, attended to ui the safety of his own family before reporting to perform his bus driving duties, provide the following information:
What relationship to the driver (for example, son or a.
wife) was the person or persons whose safety the driver attended to before performing his bus-driving duties?
b.
What was the date of the failure to perform or delay in performing?
What person or what document has the information about c.
the failure to perform or delay in performing?
d.
For each delay in performing, how long was the delay?
Resoonse:
Other than information or documents submitted or developed in the emergency planning proceedings in 1983-1984, the State of New York has not been able, to date, to locate any responsive information within the possession, custody or control of the State of New York.
If and when such information is located, the information will be provided as appropriate.
LILCO Interroaatory No.25
- 25. Of the school bus drivers who serve the schools listed in to "LILCO's Motion for Summary Disposition of Contention 25.C (' Role Conflict' of School Bus Drivers),"
dated October 22, 1987, how many have other members of their families living in the Shoreham ten-mile EPZ?
Resoonsg:
Other than information or documents submitted or developed in the emergency planning proceedings in 1983-1984, the State of New York has not been able, to date, to locate any responsive information within the possession, custody or control _ _ _ _ _ _ _ _ _ _ _ _ - _ _ - _ _ - _ _ _ -
of the State of New York.
If and when such information is located, the information will be provided as appropriate.
It appears that it might be more advisable to seek this information from school districts and bus companies, which are autonomous from the State of New York.
LILCO Interroaatory No. 26
' 2 6. When the school bus drivers who serve each of the schools apecified in Attachment 1 to "LILCO's Motion for Summary Disposition of Contention 25.C (' Role Conflict' 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?
l d.
Providing notice to the school or bus company when they will not perform their jobs?
Response
To date, the State of New York has not been able to locate any responsive information within the possession, custody or control of the State of New York.
If and when such information is located, the information will be provided as appropriate.
It appears that it might be more advisable to seek this information from school districts and bus companies, which are autonomous from the State of New York. -..
LILCO Interrocatory No. 27
- 27. When bus drivers are trained to drive buses for radiological emergency plans for nuclear plants in New York State other than Shoreham, what are they told about caring for their families in emergencies?
Restonse:
Without agreeing to the relevancy of this interrogatory, upon information and belief, bus driver training conducted in accordance with plans for nuclear plants in New York State other than Shoreham does not address caring for families of bus drivers in emergencies.
LILCO Interrocatory 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.
Resoonse:
The State of New York objects to this interrogatory to the extent that it seeks information protected against disclosure by the attorney work product doctrine and to the extent that it seeks information in the possession, custody or control of Suffolk County, which is autonomous from the State of New York.
4 However, without waiving these objections, the following agencies were asked to provide information in response to this Second Set of Interrogatories and Requests:
New York State Radiological Emergency Preparedness Group (James Baranski, Bruce McQueen) ; New, York State Department of Motor Vehicles (Edward Sheridan, Michael McLoughlin); New York State Education Department (Robert Diaz, Richard Aholla, Brian Walsh, John Stiglmeier).
LILCO Document Recuest No. 22
- 29. Please provide an up-to-date copy of all early dismissal and/or emergency plans for each of the schools identified in of "LILCO's Motion for Summary Disposition of Contention 25.C (' Role Conflict' of School Bus Drivers),"
dated October 22, 1987.
Response
Other than information or documents submitted or developed in the emergency planning proceedings in 1983-1984, the State of New York has not been able, to date, to locate any responsive information within the possession, custody or control of the State of New York.
If and when such information is located, the information will be provided as appropriate.
It appears that it might be more advisable to seek this information from school districts and bus companies, which are autonomous from the State of New York.
1 LILCO Document Renuest No. 30
- 30. Please provide a copy of all documents used in preparing the answers to Requests 23-28 above.
Resoonse:
The State of New York objects to this document request on the grounds that it is overly broad and unduly burdensome.
However, to date, the State of New York has not identified any >
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responsive documents.
If and when responsive documents are identified, they will be produced as appropriate.
4 Amendment and Supplementation of the State of i
New York's January 19, 1988 Resconse i
i ResDonse to LILCO Interrocatory No. 10:
The State of New York has been able to locate additional information concerning the number of school bus drivers on the payroll of or under contract to the school districts.
As of July 1, 1987, based upon information provided by the school districts, upon information and belief, the number of school bus drivers on the payroll of each school district is set forth below.
School Bus Drivers School District On Payroll
- Port Jefferson 0
I Miller Place 1
l Rocky Point 3
Patchogue-Medford 23 Riverhead 52 Comsewogue O
Little Flower 0
Longwood 0
i Mt. Sinai 0
1 Shoreham-Wading River 70 i
South Manor 0
)
- This information does not identify the number of bus drivers 1
designated for particular schools within a school district. ;
4 w
7
The objections and qualifications previously stated in response to LILCO Interrogatory No. 10 are hereby incorporated by reference.
Resoonse to LILCO's Interroaatories Nos. 21, 17 and 22 The reference to Section 3635 of the Transportation Law in the State of New York's response to LILCO Interrogatories Nos.
21, 17 and 22 should be deleted.
Please add references to Sections 305, 1604, 1709, 1711, 1805 and 3635 of the Education Law.
The objections and qualifications previously stated in response to LILCO Interrogatories Nos. 21, 17 and 22 are hereby incorporated by reference.
Obiections Stated by Counsel counsel states all objections, assertions of privilege, and answere not requiring verification.
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Richard /. 4 nleuter 3
j Deputy ec al Counsel to the Governor Attorney for Mario M. Cuomo, Governor, and the State of New York E
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i VERIFICATION STATE OF NEW YORK)
SS:
COUNTY OF ALBANY )
Michael McLoughlin, being duly sworn, deposes and says:
that he is currently serving as the Director of the Bus Driver Certification Unit of the State of New York Department of Motor Vehicles and that he has read the amended and supplemented answer to Interrogatory No. 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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Michael McLoughlin ik Sworn to before me this day of January 1988 eb
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VERIFICATION STATE OF NEW YORK) ss:
COUNTY OF ALBANY )
that James C. Baranski, being duly sworn, deposes and says:
he is currently employed by the Radiological Emergency Preparedness Group of the State of New York and that he has' read the answer to' Interrogatory No. 271 and that based upon such information of which he has personal knowledge end 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.
Wh AMb ames C. Baranski 1
Gworn to before ne this __A 7 day N[dww b b of January 1988 VARIONk.ZRbK Cou$ty i
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DOCKET 0 USNR DATE: January 27, 19% FEB ~1 P4 37 UNITED STATES OF AMERICA gfFICE OF SEcptym OCMEiluG A SEHvicr*
NUCLEAR REGULATORY COMMISSION BRANCH Before the Atomic Safety and Licensina 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 I hereby certify that copies of the "Response of the State of New York to LILCO's Second Set of Interrogatories and Requests for Production of Documents Regarding Role Conflict of School Bus Drivers and Amendment and Supplementation of 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" have been served on the following this 27th day of January, 1988 by U.S. mail, first class, except as noted by asterisks.
Mr. Frederick J.
Shon Spence W.
Perry, Ecq.
Atomic Safety and Licensing Board William R. Cumming, Esq.
U.S. Nuclear Regulatory Commission Office of General Counsel, Washington, D.C.
20555 Federal Emergency Management Agenc 500 C Street, S.W.,
Room 840 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.
20555 Washington, D.C.
20555
's, Anthony F. Earley, Jr., Esq.
Joel Blau, Esq.
General Counsel Director, Utilitiy 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 Hunten & Williams
-Suf folk County Legislature 707 East Main Street Suffolk County Legislature P.O. Box 1535 Office Building Richmond, Virginia 23212 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 l.'
North Coun"ry Road Riverhead, New York 11901 Wading River, New York 11792 Ms. Nora Bredes Docketing and Service Section Executive Director Office of the Secretary Shoreham Opponents Coalition U.S. Nuclear Regulatory Commission 195 East Main Street 1717 H. Street, N.W.
Smithtown, New York 11787 Washington, D.C.
20555 Adrian Johnson, Esq.
Hon. Patrick G. Halpin New York State Department of Law Suffolk County Executive 120 Broadway, 3rd Floor H. Lee Dennison Building Room 3-16 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 E. Thomas Boyle Lawrence Coe Ianpher, Esq.
Suffolk County Attorney Kirpatrick & Lockhart Building 158 North County Complex 1800 M. Street, N.W.
Veterans Memorial Highway South Lobby - Ninth Floor Hauppauge, New York 11788 Washington, D.C.
20036 Mr. Jay Dunkleburger George Johnson New York State Energy Office U.S. Nuclear Regulatory Commission Agency Building #2 Washington, D. C.
20555 Empire State Plaza Albany, New York 12223
Mr. James P. Gleason Dougles J. Hynes Charirman Town Board of Oyster Bay Atomic Safety and Licensing Board Town Hall 513 Gilmoure Drive Oyster Bay, New York 11771 Silver Spring, MD 20901 David A. Brownlee, Esq.
Mr. Philip McIntrie Kirkpatrick & Lockhart FEMA 1500 Oliver Building 26 Federal Plaza Pittsburgh, Pennsylvania 15222 New York, New York 10278 Mr. Stuart Diamond Business / Financial NEW YORK TIMES 229 W.
43rd Street New York, New York 10036 i
s kI'c b L y
Richard' 3,//Zahnleuter, Esq.
7 Deputy Special Counsel to the Governor Executive Chamber Capitol, Room 229 Albany, New York 12224 (518) 474-1273 By Telecopier i
By Federal Express I
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