ML20150A964

Lilco First Set of Interrogatories & Requests for Production of Documents Re Contentions 1-2,4-8 & 10 to Suffolk County, State of Ny & Town of Southampton.* W/Certificate of Svc. Related Correspondence

ML20150A964
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/09/1988
From:	Leugers M HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY
References
CON-#188-5838 OL-3, NUDOCS 8803160107
Download: ML20150A964 (11)

Text

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LILCO, March 9,1988 m

i Ef_W_ D$RRE,SP,0jlDEM26 00CKETED USNRC UNITED STATES OF AMERICA

.gg g 14 A10 55 NUCLEAR REGULATORY COMMISSION 0FFtCE OF EiCilEI#

00CKEitha e quviCF.

Before the Atomic Safety and Licensing Board BRANCH.

In the Matter of

)

)

LONG ISLAND LIGHTING COMPANY

) Docket No. 50-322-OL-3

) (Emergency Planning)

(Shoreham Nuclear Power Station,

) ("Best Efforts"Issue)

Unit 1)

)

LILCO'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING CONTENTIONS 1-2,4-8, AND 10 TO SUFFOLK COUNTY, NEW YORK STATE. AND THE TOWN OF SOUTHAMPTON Long Island Lighting Company, by its counsel, propounds the following in-terogatories to Suffolk County, New York State, and the Town of Southampton ("Inter-venor" or "the Intervenors"), pursuant to SS 2.740,2.740b, and 2.741 of the Nuclear Regulatory Commission's Rules of Practice. By propounding these interrogatories and requests for production of occuments LILCO makes no admission or representation about the proper scope of the issues to be decided or the evidence that may be pres-ented.

INSTRUCTIONS A.

Each interrogatory shall be answered separately and fully in writing under oath in accordance with 5 2.740b of the NRC's Rules of Practice. To the extent that Intervenors do not have specific, complete, and accurate information with which to an-swer any interrogatory, Intervenors should so state, and the interrogatory should be an-swered to the extent information is available, identifying each person who is believed to have accurate information with respect thereto. Where exact information is not available, estimated information should be supplied; the answer should state that the 8803160107 880309 PLR ADOCK 05000322 O

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.. t information is an estimate and the basis on which the estimate was made. Where ap-propriate, the upper and lower boundaries of the estimate should be given.

B.

Each interrogatory shall be deemed to be continuing, and Intervenors are requested seasonably to supplement answers with additional facts, documents, informa-tion, and names of witnesses which become known, in accordance with S 2.740(e)(1) and (2) of the NRC's Rules of Practice.

C.

The words "and" and "or" shall be construed either conjunctively or disjune-tively so as to bring within the scope of these discovery requests any information that might otherwise be construed to be outside their scope.

D.

Wherever appropriate, the singular form of a word shall be interpreted in the plural, and vice versa, so as to bring within the scope of these discovery requests any information that might otherwise be construed to be outside their scope.

E.

Wherever appropria'e, the masculine form of a word shall be interpreted as feminine, and vice versa, so as to bring within the scope of these discovery requests any information that might otherwise be construed to be outside their scope.

F.

Please produce each document in the form and condition in which it exists on the date of service of this request, including all comments, notes, remarks, and other material that may have been added to the document af ter its initial preparation.

G.

If Intervenors object to or claim a privilege (attorney-client, work product, or other) with respect to any interrogatory or document request, in whole or in part, or seek to withhold documents or information because of the alleged proprietary nature of the data, please set forth all reasons and the underlying factual basis for the objection l

or claim of privilege in sufficient detail to permit the Licensing Board to determine the l

validity of the objection or claim of privilege. This description by Intervenors should include with respect to any document: (1) author, addressor, addressee, recipients of

. i indicated and "blind" copies together with their job titles; (2) date of preparation; (3) subject matter; (4) purpose for which the document was prepared; (5) all persons to whom distributed, shown, or explained; (6) present custodian; (7) all persons believed to have a copy of the document; and (8) the nature of the privilege or objection asserted.

H.

For any document or part of a document that was at one time, but is no longer, in Intervenors' possession, custody, or control, or which is no longer in exis-tence, or which cannot be located or produced, identify the document, state where and how it passed out of existence or why it can no longer be located and the reasons chere-for, and identify each person having knowledge concerning such disposition or loss P.nd the contents of the document, and identify each document evidencing its prior exis-tence and/or any f act concerning its nonexistence or loss.

I.

When, in order to answer a question fully or accurately, it is necessary to distinguish between the responses of individual Intervenors or to identify individual In-tervenors, such distinctions or identifications should be made in the answer.

DEFINITIONS A.

"Person" means any individual, corporation, partnership, unincorporated as-sociation, joint venture, government or agency thereof, or other legal entity or form of organization or association.

B.

"Document" means the original and each copy, regardless of origin or loca-tion, of any written, typed, printed, recorded or grapide material, however produced or reproduced, or any tangible thing that in whole or in part illustrates or conveys infor-mation, including but not limited to papers, letters, notes, books, correspondence, memoranda, interoffice or intraoffice communications, corporate records, memoranda or minutes of meetings, or conversations whether personal or telephonic, cablegrams, mallgrams, telegrams, reports, summaries, surveys, analyses, studies, calculations,

. i projections, ledgers, journals and other formal or informal books of record or account, bulletins, notices, announcements, advertisements, catalogs, manuals, instructions, agreements, contracts and other legal documents, notebooks, clipp!ngs, vouchers, checks and draf ts, bills, receipts, invoices, calendars, appointment books, diaries, pre-liminary draf ts and working papers, drawings, sketches, graphs, charts, plans, specifi-cations, blueprints, photographs, films, videotapes, tapes, recordings, computer-stored and computer-retrievable information, annotations or markings appearing on any docu-ment or thing, and all other writings and recordings of every description, however denominated, translated or described.

C.

"Communication" or "contact" includes every exchange of information by any means including but not limited to personal or telephonic.

D.

"LILCO" or "LILCO personnel" mean Long Island Lighting Company and any affiliate, agent, employee, consultant, contractor, technical advisor, representative, or other person acting for on behalf of LILCO, or at LILCO's direction or control, or in concert with LILCO or assisting LILCO.

E.

"Shoreham" means the Shoreham Nuclear Power Station, Unit 1 any part thereof, or any structure, system, component, instrumentation, equipment, or materials included in, or intended to be included in Shoreham.

F.

"Intervenors" means Suffolk County, New York State, and the Town of Southampton, or any of them, or any agency thereof and any agent, employee, consul-l tant, contractor, technical advisor, representative or other person acting for or on be-half of them, or at their direction and control, or in concert with or assisting them.

I G.

"Contractor" means any person, not affiliated with Intervenors, who per-formed work concerning Shoreham on behalf of Intervenors and/or pursuant to a con-l tract with Intervenors or sub-contractors who performed work on behalf of a l

l l

. i contractor with whom the person was not affiliated and pursuant to a contract with l

such contractor. A person other than a contractor, who contracts with the sub-contractor, shall be deemed a sub-contractor.

H.

"Concerns," "concerning," or any other derivative thereof, includes refer-ring to, responding to, relating to, pertaining to, in connection with, compromising, memoralizing, commenting on, regarding, discussing, showing, describing, reflecting, analyzing, supporting, contradicting, and constituting.

I.

"Identify" when used in reference to a natural person means to set forth the following:

1.

his name; 2.

his last known residential address; 3.

his last known business address; 4.

his last employer; 5.

his title or position; 6.

his area of responsibility; 7.

his business, professional, or other relationship with Intervenors; and 8.

If any of the above information is changed subsequent to the time period referenced in a particular interrogatory, set forth in the an-swer, and label appropriately, current information as well as the in-formation applicable to the time period referenced in the interroga-tory.

J.

"Identify" when used in reference to a corporation or other entity that is not a natural person shall mean to set forth the following:

l O i 1.

the full name of such person, including its legal name and any as-sumed or trade names under which it transacts or has transacted business; 2.

the nature or form of such a person, if known; 3.

the address of its principal place of business or the principal place where such person is to be found; 4.

whether Intervenors have or have had any relationship or affiliation with such person, its affiliates or subsidiaries, and, if so, a descrip-tion of such relationship; and S.

If any of the above information has changed subsequent to the time period referenced in a particular interrogatory, set forth in the an-swer, and label appropriately, current information as well as the in-formation applicable to the time referenced in the interrogatory.

K.

"Identify" when used in reference to a document shall mean to set forth the r

following:

1.

Itstitle; 2.

Its subject matter; 3.

Its date; 4.

Its author; 5.

Its addressee; 6.

Its file designation or other identifying designation; and 7.

Its present location and present custodian.

L.

"Identify" with respect to a contact or communication shall mean to set forth the following:

1

, s 1.

the date of the communication; 2.

the place of the making and place of receipt of the communication; 3.

the type and means of communication; 4,

the substance of the communication; 5.

each person making a communication, and his location at the time the communication was made; 6.

each person to whom the communication was made, and his location at the time the communication was made; 7.

all other persons present during,. participating in, or receiving the communication and the location of each such person at the time; 8.

each document concerning such communication; and 9.

each document upon which the communication is based or which is referred to in the communication.

M.

"Analysis" means research, investigation, audit, inspection, review, evalua-tion, testing, monitoring, or any other method or form of examining data and/or forming conclusions or recommendations.

N.

"NRC" or "NRC Staff" means the Nuclear Regulatory Commission and its staff, any division or section or region thereof, any staff member thereof, or my agent, consultant, contractor, technical advisor, employee, or representative of the NRC.

O.

"FEMA" means the Federal Emergency Management Agency and its staff, any division or section or region thereof, any staff member thereof, or any agent, con-sultant, contractor, technical advisor, employee, or representative of FEMA.

O,

1 INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS

dentification of Witnesses 1.

Please identify, on a contention-by-contention basis, each witness Interve-nors expect to call to testify on Contentions 1 and 2 (directing traffic),

t,oatention 4 (removing road obstructions), Contention 5 (activating sirens and broadcasting EBS messages), Contention 6 (making protective action decisions), Contention 7 (ingestion pathway), Contention 8 (recovery and reentry), and Contention 10 (access contre 0 as set forth in the Boards order ruling on LILCO's summary disposition motion r"1 the realism contentions.

Memorandum and Order (Ruling on LILCO's Motions for Summary Disposi-tion of Contentions 1,2,4,5,6, 7,8 and 10, and Board Guidance on Issues for Litigation)(Feb. 29, 1988). For each witness, other than experts, that Interveaors expect to call, state on a conten; ion-by-contention basis the subject matter on which he is expected to testify and the sucstance of the facts to which he !s expected to testify. FC.' each witness that Intervenors expect to call as an expert witness, state on a contention-by-o.tention basis the subject matter on wMeh he is expected to testify, the substance of the facts and opinions M which he is expected to testify, and the sum-mary of the grounds for each such opinion.

2.

For each witness, please provide a copy of his most current curriculum vitae mme, or etatement of professional qualifications.

3.

P '. - Lt any r b "slative, or other legal proceeding in whita each I w iny matter related in any way to the substance of a te.* -

A 5 _i 1-2, 4-8, and 10. State on a contention-by-cont, 7.tlos.

i h contention the witness's testimony conenrns, m

t b

4.

Please provide a copy of any prefiled testimony listed in response to Inter-rogatory 3 above.

5.

Please identify all articles, papers, and other documents authored or coau-thored by each witness pertaining to the substance of the issues in Conten-tions 1-2, 4-8, and 10.

6.

Please state whether each witness has prepared, or has had prepared, any written studies, reports, analyses, or other docu.nents witn JMpect to the substance of the issues in Contentions 1-2,4-C, and 10.

7.

Unless the answer to Interrogatory 6 above is a simple negative, please identify each document in the Intervenors' response to these Interrogato-ries according to Definition K and provide a copy of each document.

QAd DA &

s Jamdsh im gers [

Mary Jo David S. Harlow Hunton & Williams 707 East Main Street l

P.O. Box 1535 i

Richmond, Virginia 23212 DATED: March 9,1988 i

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LILCO, March 9,1988 anATED CORREsy0fq0M DCLKETE0 88 MR 14 N0 55-

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. CERTIFICATE OF SERVICE

.o 0FFfCE Of $ECRtTAni 00CKElina A stkvici.

BRANCH 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 FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING CONTENTIONS 1-2,' 4 8, i

AND 10 TO SUFFOLK COUNTY, NEW YORK STATE, AND THE TOWN Of SOUTHAMPTON, were served this date upon the following by telecopier as indicated by i.

one asterisk, by Federal Express as indicated by two uterisks, or hy first-class mall, postage prepaid.

James P. Gleason, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board Panel 513 Gilmoure Drive U.S. Nuclear ReguJatory Commission Silver Spring, Maryland 20901 Washington, D.C. 20555 Dr. Jerry R. Kline Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 East-West Towers, Rm. 42" 4350 East-West Hwy.

George E. Johnson, Esq. "

Bethesda, MD 20814 Richard G. Bachmann, Esq.

l U.S. Nuclear Regulatory Commission Mr. Frederick J, Shon One White Flint North l

Atomic Safety and Licensing 11555 Rockville Pike l

Board Rockville, MD 20852 U.S. Nuclear Regulatory Commission East-West Towers, Rm. 430 Herbert H. Brown, Esq.

• l 4350 East-West Hwy.

Lawrence Coe Lanpher, Esq.

l Bethesda, MD 20814 Karla J. Letsche, Esq.

Kirkpatrick & Lockhart l

Secretary of the Commission South Lobby-9th Floor Attention Dockeiing and Serv'ce 1800 M Street, N.W.

Section Washington, D.C. 20036-5891 U.S. Nuclear Regulatory Commission 1717 H Street, N.W.

Washington, D.C. 20555 1

5 l

i

$ 5-Fabian G. Palomino, Esq.

• Mr. Philip McIntire Richard J. Zahnleuter, Esq.

Federal Emergency Management Speelal Counsel to the Governor Agency Executive Chamber 26 Federal Plaza Room 229 New York, New York 10278 State Capitol Albany, New York 12224 Jonathan D. Feinberg, Esq1 New Y0rk State Department of Alfred L. Nardelli, Esq.

Public Service, Staff Counsel Assistant Attorney General Three Rockefeller Plaza 120 Broadway Albany, New York 12223 Room 3-118 New York, New York 10271 Ms. Nora Bredes Executive Coordinator Spence W. Perry, Esq. **

Shoreham Opponents' Coalition William R. Cumming, Esq.

195 East Main Street Federal Emergency Management Smithtown, New York 11787 Agency 500 C Street S.W., Room 840 Evan A. Davis, Esq.

Washington, D.C. 20472 Counsel to the Governor Executive Chamber Mr. Jay Dunkleberger State Capitol New York State Energy Office Albany, New York 12224 Agency Building 2 Empire State Plaza E. Thomas IV yle, Esq. **

Albany, New York 12223 Suffolk County Attorney Building 158 North County Complex Stephen B. Latham, Esq. **

Veterans Memorial Highway Twomey, Latham & Shea Hauppauge, New York 11788 33 West Second Street P.O. Box 298 Dr. Monroe Schneider Riverhead, New York 11901 North Shore Committee P.O. Box 231 Wading River, NY 11792 i

(2M/

Y Ma ge Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: March 9,1988 i

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