ML20150A856

Suffolk County Responses & Objections to Lilco First Set of Interrogatories & Request for Production of Documents Re Hosp Evacuation.* Certificate of Svc Encl.Related Correspondence

ML20150A856
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/10/1988
From:	Ross R KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20150A846	List: ML20150A843 ML20150A856
References
OL-3, NUDOCS 8803160070
Download: ML20150A856 (9)

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4 00tMETED March 10 19 R ,39 le Mm 14 a.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION gg Before the Atomic Safety and Licensino Boar $ [IIhc

)

In the Matter of )

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

)

(Shoreham Nuclear Power )

Statio;., Unit 1) )

)

SUFFOLK COUNTY'S RESPONSES AND OBJECTIONS TO LILCO'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING HOSPITAL EVACUATION On February 25, 1988, LILCO filed its First Set of Interrogatories and Requests for Production of Documents Regarding Hospital Evacuation Time Estimates to Suffolk County and New York State ("First Request"). Pursuant to 10 CFR S 2.740b, Suffolk County (the "County") hereby responds to LILCO's First Request.

ANSWERS TO INTERROGATORIES AND DOCUMENT REQUESTS LILCO Interrocatory 1

1. Please identify each witness Intervenors expect to call to testify on the issue of the bases and accuracy of LILCO's hospital evacuation time estimates, as defined in the Board's February 25 (sic) Memorandum and Order. 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 8803160070 880310 PDR ADOCK 05000322 Q PDR

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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.

Answer. At this time, Suffolk County has identified no witnesses whom it expects to testify in the remanded hospital evacuation proceeding.

LILCO Interrocatory 2

2. For each witness, please provide a copy of his most current curriculum vitae, resume, or statement of professional qualifications.

Answer. Egg Answer to Interrogatory 1 above.

LILCO Interrocatory 3

3. Please list any NRC, legislative, or other legal proceeding in which each witness has testified on any matter concerning evacuation time estimates for general population evacuees, special facilities or hospitals.

Answer. 111 Answer to Interrogatory 1 above.

LILCO Interrocatorv 4

4. Please provide a copy of any profiled testimony listed in response to Interrogatory 3 above.

Answer. Egg Answer to Interrogatory 1 above.

LILCO Interrocaterv_1

5. Please identify all articles, papers, and other documents authored or coauthored by each witness on the subject of evacuation time estimates for general population evacuees, special facilities, or hospitals.

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. Answer. Egg Answer to Interrogatory 1 above. (

LILCO Interroaatorv 6  ;

i- 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:

j (a) Evacuation time estimates for hospitals or special  !

> facilities in the 10-mile EPZ around any nuclear power plant in New York or elsewhere in the United States; and ,

I (b) The assumptions used in calculating such evacuation time estimates. ,

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i Answer. Egg Answer to Interrogatory 1 above. j

! I LILCO Interreaatorv 7 i

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7. Unless the answer to Interrogatory 6 above is a simple I negative, please identify and provide a copy of each j document.  ;

i i Answer. Egg Answer to Interrogatory 1 above. [

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f LILCO Interroaatory 8 i

8. Have any of the witnesses Intervenors expect to call on

! this issue calculated evacuation time estimates for the i hospitals in the Shoreham EPZ? If so, please state the i assumptions used in calculating them and provide a copy of l every document relied upon in the calculation.

l Answer. Egg Answer to Interrogatory 1 above.

I LILCO Interroaatorv 9 1

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9. Please list each and every reason why Intervenors I believe that LILCO's hospital evacuation time estimate calculations are flawed (gga Intervenors' Response to LILCO's Motion for Summary Disposition of the Hospital Evacuation l

I l i

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Issue (Jan. 25, 1988), at 25 n.11). Please identify and i produce a copy of every document that Intervenors think  !

supports this opinion. j Answer. The County's answer to this Interrogatory is  !

limited by the following factors: (1) discovery has only recently beguns (2) documents recently provided by LILCO have not  !

yet been fully analyzed; (3) LILCO has not yet responded to the County's interrogatories; and (4) the March 8 deposition of ,

Mr. Sobotka revealed that the Governments have not been provided  :

L with all of the assumptions underlying LILCO's time estimates, and he was unable to provide all such remaining undisclosed assumptions during his deposition. In light of these limitations, the County states at this time that LILCO's evacuation time estimates are based on unfounded assumptions including, but not limited to, those pertaining to available capacity, routing, travel speed, reception hospital assignments, and other such assumptions.

Further discovery, investigation and analysis may identify additional flaws in LILCO's new hospital evacuation time estimates.

LILCO Interrocatory 10

10. Please list each and every reason why Intervenors believe that the assumptions used in calculating the hospital evacuation time estimates (listed in the Dec. 18 Lieberman affidavit at pages 2-3, and in Rev. 9 of the LILCO Plan at Appendix A) are inaccurate, inadequate, insufficient, or incomplete. For each assumption that Intervenors believe to be incorrect, state what is in Intervenors' view the correct assumption.

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Answer. Egg Answer to Interrogatory 9 above.

LILCO Interrocatory 11

11. State every reason, if there are any, that LILCO's hospital evacuation time estimates fail to conform with 10 C.F.R. Part 50, App. E and NUREG-0654.

Answer. Appendix E to 10 CFR, Part 50 and NUREG 0654 require that LILCO supply accurate, reliable and verifiable hospital evacuation time estimates. Because LILCO's hospital evacuation time estimates are derived from unfounded assumptions, LILCO has failed to meet this requirement. 112 also Answers to Interrogatories 9 and 10.

LILCO Interrocatory 12

12. Please list the specific hospital evacuation time estimates that have been calculated and submitted in the emergency plans for every other nuclear power plant in New York, and list all of the assumptions used in calculating each set of time estimatea. Please identify and produce a copy of every document concerning such time estimates and assumptions.

Answer. The County objects to the Interrogatory is overbroad, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, the County states that the information requested by this Interrogatory is not within the possession, custody or control of the County.

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, l 1 I LILCO Interrocatory 13

13. Please identify and provide a copy of any document not already identified in response to Interrogatories 1-12 above on which Intervenors intend to rely in support of their position on the accuracy and bases of the hospital evacuation time estimates contained in Rev. 9 of the LILCO Plan.

Answer. The County has not identified any documents responsive to this Interrogatory at this time. Further discovery, investigation and analysis may lead to identification of such documents at a later date.

OBJECTIONS STATED BY COUNSEL All objections and assertions of privilege, or reference thereto, were stated by Counsel.

Respectfully submitted, E. Thomas Boyle Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 ld . }-

Christopher M. McMurray Ronald R. Ross KIRKPATRICK & LOCKHART 1800 M Street, N.W.

South Lobby - 9th Floor Washington, D.C. 20036-5891 Attorneys for Suffolk County March 10. 1988 e

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CCthEIED MarchHYO, 1988 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 16 MM 14 NII39 Before the Atomic Safety and Licensina B_ card ' g g 3 4,a

$0CN(II'd A#

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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 RESPONSES AND OBJECTIONS TO THE NRC STAFF'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING HOSPITAL EVACUATION and SUFFOLK COUNTY'S RESPONSES AND OBJECTIONS TO LILCO'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING HSOPITAL EVACUATION have been served on the following this 10th day of March, 1988 by U.S. mail, first class, except as otherwise indicated.

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

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

Director, Utility Intervention General Counsel N.Y. Consumer Protection Board Long Island Lighting Company Snite 1020 175 East Old Country Road Albany, New York 12210 Hicksville, New York 11801 e

E. Thomas Boyle, Esq. Ms. Elisabeth Taibbi, 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 Section 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 l!23 Hamilton Avenue North Shore Committee Suite K P.O. Box 231 San Jose, California 95125 Wading Rit'er, New York 11792 Mr. Jay Dunkleburger Richard G. Bachmann, Esq.*

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

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

Albany, New York 12223 Washington, D.C. 20555 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

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Douglas J. Hynes, Counctiman Town Board of Oyster Bay Town Hall Oyster Bay, New York 11771

]eA Ronald R. Ross KIRKPATRICK & LCCKHART 1800 M Street, N.W.

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

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