ML20150A911

Lilco Responses & Objections to Suffolk County Second Set of Interrogatories & Request for Production of Documents.* Util Objects to Interrogatory 1 as Vague,Overbroad & Unduly Burdensome.W/Certificate of Svc.Related Correspondence

ML20150A911
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/10/1988
From:	Harlow D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	SUFFOLK COUNTY, NY
Shared Package
ML20150A892	List: ML20150A888 ML20150A911
References
OL-3, NUDOCS 8803160086
Download: ML20150A911 (8)

Text

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• LILCO, March 10, 1988 M

00CKETED USNRC UNITED STATES OF AMERICA 3 liar 14 M109 NUCLEAR REGULATORY COMMISSION OFFICE OF SECfifitsv 00CKElmr, > SEFv1Cf.

BRANCH Before the Atomic Safety and Licensing Board In the Matter of

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LONG ISLAND LIGHTING COMPANY

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Docket No. 50-322-OL-3

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(Emergency Planning)

(Shoreham Nuclear Power Station,

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(Hospital Evacuation Issue)

Unit 1)

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LILCO'S RESPONSES AND OBJECTIONS TO SUFFOLK COUNTY'S SECOND SET OF INTEP.ROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS LILCO hereby responds to Suffolk County's Second Set of Interrogatories and Re-quest for Production of Documents, dated and served on March 3,1988.

I.

GENERAL ANSWERS A11D OBJECTIONS TO INTERROGATORIES, DEFINITIONS AND INSTRUCTIONS LILCO gives the same general answers and makes the same general objections to Suffolk County's Definitions and Instructions that it made in response to Suffolk Coun-ty's First Set of Interrogatories and Request for Production of Documents. See LILCO's Responses and Objections to Suffolk County's First Set of Interrogatories and Request for Production of Documents (March 10,1988), at 1-2.

II.

ANSWERS AND OBJECTIONS TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS Suffolk County Interrogatory No.1 Explain in detail the methodology used to calculate the hospital evacuation time estimates.

Response

LILCO objects to Interrogatory No. I as vague, overbroad and unduly bur-densome since the request to "[e)xplain in detail" how LILCO calculated the hospital 8803160086 880310 DR ADOCK 050 2

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f evacuation time estimates could be construed to require LILCO to replicate literally every step which went into the calculation of those evacuation time estimates. Where the County has requested specific information as to how LILCO calculated the hospital evacuation time estimates, LILCO has attemptec. to the extent it has understood what the County was asking, to be Responsive. See, e.g., LILCO's Responses to Interrogato-ries Nos. 11,12,13,14, IS,16,17,18,19, and 21 from LILCO's Responses and Objec-tions to Suffolk County's First Set of Interrogatories and Request for Production of Documents (March 10, 1988).

In addition, on January 7,1988, a deposition was taken at the request of the State of New York of Mr. Jeffrey Sobotka, a LILCO consultant who was responsible for developing and overseeing the calculation of the hospital evacuation time estimates.

LILCO agreed to the deposition, even though it does not intend to designate Mr. Sobotka as a witness, in the interest of f acilitating and expediting discovery on this issue. Dur-ing this four and a half hour deposition, at which counsel for Suffolk County was pres-ent, Mr. Sobotka explained, frequently at a level of extreme detail which included the j

replication of simple mathematical calculations, the method by which the hospital evacuation time estimates were derived. As demonstrated by Mr. Sobotka, the calcula-tions for the hospital evacuation time estimates apply the assumptions and information l

detailed on pages IV-176 through IV-187 of Appendix A to the LILCO Plan, using mathe-matical computations such as multiplication and division and factual information such 1

as road-link lengths. Accordingly, LILCO already has been forthcoming and fully re-l sponsive to the request for information in this interrogatory.

Suffolk County Interrogatory No. 2

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Were any computerized traffic simulation models used in deriving the hospital evacuation time estimates? If so, identify the model and identify allinputs. Provide all i

documents, including, but not limited to computer printouts, reflecting any and all in-l puts and outputs.

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f Response: No computerized traffic simulation models were used in calculating the hos-pital evacuation time estimates. The DYNEV traffic simulation model used to derive the travel speeds set forth in Table XIIIB on p. IV-186 through IV-187 of Appendix A has already been litigated in this proceeding. See LILCO Response to Interrogatory 4, below.

Suffolk County Interrwatory No. 3 Do LILCO's hospital evacuation time estimates assume sirpultaneous evacuation of hospitals and other special f acilities? If so, provide all documents detailing the pro-cedures to be followed to implement such simultaneous evacuation of hospitals in and around the EPZ and other special facilities.

Reponse: LILCO objects to Interrogatory No. 3 as vague and ambiguous since the phrase "simultaneous evacuation of hospitals and other special facilities" can be con-strued to mean different things and it is unclear what the County intends. Without walving this objection, in an effort to be responsive to this question LILCO states that Appendix A at p. IV-178 provides the following assumption:

Priority of evacuation is as follows:

Homebound handicapped are evacuated first. Then, those in special facilities, ordered by proximity to Shoreham, are evacuated next. Suffolk Infirmary is then evacuated, fol-lowed by the three hospitals. All three hospitals receive ve-hicles concurrently as they become available.

LILCO further objects to Interrogatory No. 3 on relevancy grounds to the extent it requests documents concerning procedures to t's followed in the evacuation of hospl-tals. The sole issue in this proceeding is "the accuracy and bases of the evacuation time estimates presented in Revision 9 to LILCO's Plan." Memorandum and Order (Feb. 24, 1988) at 12. Information concerning LILCO's procedures for hospital evacuation is not relevant to the issue of the accuracy and bases of the hospital evacuation time esti-mates, nor is such information likely to lead to the discovery of admissible evidence on that issue. Without waiving this objection, LILCO states that the procedures for the evacuation of hospitals are contained in OPIP 3.6.5.

r l Suffolk Camty Interrogatory No. 4 Revision 9 identifies various travel speeds for different hospital evacuation routes. Explain all bases for these travel speeds, including, but not limited to all underlying assumptions on which such travel speeds are based.

Response: As was explained in the affidavit of Edward B. Lieberman, which is Attach-ment 3 of LILCO's Motion for Summary Disposition of the Hospital Evacuation Issue (Dec.18,1988), most of the procedural steps and assumptions used in calculating the hospital evacuation time estimates are identical to the ones used previously to calcu-late evacuation time estimates for the special facilities in the EPZ, including the Suffolk Infirmary. Those time estimates, and the procedures and assumptions used in calculating them, have already been litigated in this proceeding. They were contained in LILCO's Testimony on Contentions 72.A and E., ff. Tr. 9101, and were discussed in the Licensing Board's Partial Initial Decision (PID), at pages 835-38. Travel speeds for areas west of the EPZ were modified to reflect the updated speeds used in LILCO's tes-timony in the reception centers remand proceeding. _Se_e, e.L, LILCO Exhibit 1 ("Writ-ten Testimony of Douglas M. Crocker, Dale E. Donaldson, Diane P. Driekorn, Edward B.

Lieberman, Roger E. Linnemann, Michael K. Lindell, Dennis S. Mileti, and Richard J.

Watts on the Sultability of Reception Centers"), ff. Tr.17,421, at 7.

Objections Stated by Counsel All objections and references to objections were stated by counsel.

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.}' i Respectfully submitted, i-.

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JamesT. Christman David S. Harlow Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: March 10,1988 l

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VERIFT. CATION Douglas M. Crocker, being first duly sworn on oath, deposes and says:

that he is currently the Manager, Nuclear linergency Preparedness, Nuclear Operations Support Department for Long Island Lighting Company; that he has personal knowledge of a portion of the subject matter of this litigation; that responsible corporate employees have provided him wich additional facts necessary to provide the information contained in the foregoing Answers to Interrogatories; that he has read the answers, and knows the contents thereof; and that based u?on such information of which he has personal knowledge and with vsich he has been provided, he is informed and believes the matters stated therein to be true, and on these grounds alleges that the matters stated therein are true and therefore verifies the forgoing on behalf of Long Island Lighting Company.

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i Douglas M. Crocker State of New York SS:

I, a Notary Public in and for the jur crion (afo;%@id, hereby certify that Douglas M.

Crocker ose name IT si to he foregoins Answers to Interro tories, dated

/d,1988, has personally sworn before me that the statements therein are true to the best of his knowledge and belief.

~~ Nh/Ah tary Publ y JOAN M. wroo Ns

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~-. =:::.i::::n,,y N,Z$h My Consnission expires:

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LILCO, March 10,1988

$8.ES Q q CQED CERTIFICATE OF SERVICE 3 m 14 0 09 i

0FFICE d Li4I'" #

00ChEiggEkVICL In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322*OL-3 I hereby certify that copies of LILCO'S RESPONSES AND OBJECTIONS TO SUFFOLK COUNTY'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRO-DUCTION OF DOCUMENTS and LILCO'S RESPONSES AND OBJECTIONS TO SUFFOLK COUNTY'S SECOND SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS were served this date upon the following by telecopier as indicated by two asterisks, by Federal Express as indicated by one asterisk. or by first-class mail, postage prepaid.

James P. Gleason, Chairman

• Atomic Safety and Licerzing Atomic Safety and Licensing Board Board Panel 513 Gilmoure Drive U.S. Nuclear Regulatory Commission Silver Spring, Maryland 20901 Washington, D.C. 20555 Dr. Jerry R. Kline

• George E. Johnson, Esq.

• Atomic Safety and Licensing Richard G. Bachmann, Esq.

Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission One White Flint North East-West Towers, Rm. 427 11555 Rockville Pike 4350 East-West Hwy.

Rockville, MD ~20852 Bethesda, MD 20814 Hert> art H. Brown, Esq. **

Mr. Frederick J. Shon

• Lawrence Coe Lanpher, Esq.

Atomic Safety and Licensing Karla 3. Letsche, Esq.

Board F.irkpatrick & Lockhart U.S. Nuclear Regulatory Commission South Lebby - 9th Floor l

East-West Towers, Rm. 430 1800 M Street, N.W.

4350 East-West Hwy.

Washington, D.C. 20036-5851 Bethesda, MD 20814 Fabian G. Palomino, Esq. **

l Secretary of the Commission Richard J. Zahrdeuter, Esq.

Attention Docketing and Service Spwfal Counsel to the Gf;vernor Section Executive Chamber U.S. Nuclear Regulatory Commission Room 229 1717 H Street, N.W.

State Ct.pitol Washington, D.C. 20555 Albany, Nei, York 12224 Atomic Safety and Licensing Alf red L. Nardelli, Esq.

Appeal Board Panel Assistant Attorney General U.S. Nuclear Regulatory Commission 120 Broadway Washington, D.C. 20555 Room 3-118 New York, New York 102/1

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s i Spence W. Perry, Esq.

Ms. Nora Bredes WU.llam R. Cumming, Esq.

Executive Coordinator Federal Emergency Management Shoreham Opponents' Coalition Agency 195 East Main Street 500 C Street, S.W., Room 840 Smithtown, New York 11787 Washington, D.C. 20472 Evan A. Davis, Esq.

Mr. Jay Dunkleberger Counsel to the Governor Now York State Energy Office Executive Chamber Agency Building 2 State Capitol Empire State Plaza Albany, New York 12224 Albany, New York 12223 E. Thomas Boyle, Esq.

i Stephen B. Latham, Esq.

• Suffolk County Attorney Twomey, Latham & Shea Building 158 North County Complex 33 West Second Street Veterans Memorial Highway P.O. Box 298 Hauppauge, New York 11788 Riverhead, New York 11901 Dr. Monroe Schneider Mr. Philip McIntire North Shore Committee Federal Emergency Management P.O. Box 231 Agenc" Wading River, NY 11792 26 Fede..u Plaza New Yore:. lew York 10278 Jonathan D. Feinberg, Esq.

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New York State Department of Public Service, Staff Counsel Three Rockefeller Plaza Albany, New York 12223 AvD b.

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(DavidiHarlow Hunton & WiEams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: Maren 10.1988 f