ML20150C991

Response of State of Ny to Lilco First Set of Interrogatories & Requests for Production of Documents Re Lilco Emergency Broadcast Sys.* Objections Stated. W/Certificate of Svc.Related Correspondence

ML20150C991
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/11/1988
From:	Zahnleuter R NEW YORK, STATE OF
To:	LONG ISLAND LIGHTING CO.
References
CON-#188-5904 OL-3, NUDOCS 8803230029
Download: ML20150C991 (9)

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00CKETED USNRC 3 DATE: March 11 1388 trELATED CORftESPONDEFJA le MG 18 P3:02 UNITED STATES OF AltFE CA U[th;;,;

g [/.fh NUCLEAR REGULATORY COMMSSION Ba m.t Before the Atqinic S_qbdy_3.Dd._Lile3 sing Tipp_d I

In the Matter of ) ,

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LONG ISLAND LIGHTING COMPANY ) DL/ket No. SC-322-OL-3 -

) (Emergency Planning)

(Shoreham Nuc~ ear Power Station, )

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Unit 1) )

)

RESPONSE OF THE STATE OF NEW YORK TO LILCO'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PROuUCTION OF s DOCUMENTS REGARDING LILCO'S EMERGENCY BROADCAST SYb."EM_

This is the State of New York's response to "LILCO's First Set of Interrogatories and Requests for Production of Documents Regarding LILCO's Emerg.tucy Broadcast System to Suffolk County and New York State," detud February 24, 1988 ("LILCO's First Set l

of Interrogatories and Requests").1 To the <: < tent that LILCO's First Set of Interragatories and' l

1 i Requests seeks information and documents of any cort that are not l within the possession, custody or control af the State of New s

l York, but, rather within the possession, custouy or control of 1The Board's "Memorandum and Order (Board Ruling Contentions Relating to LILCO's Emergency. Broadcast System," dated February 24, 1988 and received by the State of New York on February 26, 1988, established a discovery period of fif teur days commencing upon receipt of the Order. In accordance with the time frares established in 10 CFR 2.740b and the Order, this response is i being served within fourteen days of receip t by the State of New York of the Order.

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county governm6nts (including Suffolk County), the Sta'te of New

' York objects. County governments are autonomous from the State II . 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 extbnt that LILCO's First Set of Interrogatories and Requests seeks information and documents of any sort that are

, protected against disclosure, for example, by attorney work produc i: dpctrine, the State of New York objects.

LLI.O Interroatories Nos. L-_12

1. Please identify each witness Intervenors expect to call to testify on any factors concerning EBS contentions 1.A, 1.B, 1.C, and 2.A, admitttd by thc. Board in its February 22, 1988 Order. For each witness, other than experts, that Intervenors expect to call, state the subject matter on which he is expected c to testify and the substance of the facts to which he is expected to testify. For each witness tnat Intervenors expect to call as an expert witncss, state the subject matter on which he is expected to testify, the sustal:ce'of the facts and opinions to which he is expected to testify, and the summary of the grounds for each such opinion, y

RLsague: The State of New York, at this time, does not expect to call witnesses to testify on factors concerning EBS Contentions 1.A, l.B, l.C and 2.A.

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

Response: See the response to Interrogatory No. 1.

3. Please list any NRC, legislative, or other legal proceeding in which each witness nas testified on any matter 2

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I concerning the. adequacy under NRC regulations of any EBS station or network intended to be used in the event of any nuclear or non-nuclear emergency to communicate emergency information to the public.

Resconse: Egg the response to Interrogatory No. 1.

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

Responge: See the response to Interrogatory No. 1.

5. Please identify all articles, papers, and other documents authored or coauthored by each witness on the subject of the adequacy and coverage capabilities of radio stations and, more specifically, the adequacy under NRC regulations of any EBS station or network intended to be used in the event of any nuclear or non-nuclear emergency to communicate emergency information to the public.

Response: Egg the response to Interrogatory No. 1.

6. Please state whether each witness has prepared, or has had prepared, any written studies, reports, saalyses, or other -

documents with respect to any of the following:

(a) The Broadcast coverage area of any radio stations (s) ;

(b) The effect of geography, transmitter location, and reception antenna location on the broadcast signal and coverage capability of any radio station (s);

and l (c) The broadcast coverage capabilities required of any i EBS radio station or system under NRC or FCC regulations.

l Response: See the response to Interrogatory No. 1.

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

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I Resconse: Seg'the response to Interrogatory No. 1.

8. Please list each and every factor, basis, or reason that Intervenors claim supports their statement in Contention 1.A that "WPLR's broadcast signal is too weak to convey a strong and clear broadcast message throughout the EPZ." Please identify and produce a copy of every document concerning any such factors, bases, or reasons.

Response: It appears that WPLR's broadcast signal is too weak to convey a strong and clear broadcast message throughout the EPZ because, upon information and belief, file documents at the Federal Communications Commission show that WPLR's coverage of the EPZ may not be complete. The main file document is a proposed service contour map for WPLR. Other information and documentation may become known to the State of New York in the future because discovery and research have not been terminated yet.

9. Please list each and every factor, basis, or reason that Intervenors claim supports their statement in contention 1.B that "The geography of Long Island, combined with the location of WPLR's transmitters, exacerbates the weakness of WPLR's broadcast signal with respect to the public in ... the Shoreham EPZ."

Please identify and produce a copy of every document concerning any such factors, bases, or reasons.

i Response: Long Island's geography, in combination with WPLR's i

transmitter location, may exacerbate WPLR's signal weakness because a) Long Island's hilly north shore could diminish the ability of some EPZ residents to receive WPLR's signal, b) upon information and belief, the FM radio antennas of some EPZ residents are fixed in such a way as to receive signals from directions other than New Haven's direction, which is where f

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v WPLR's transmitters are located, c) upon information and belief, ,

l other radio stations may interfere with WPLR's signal. File '

1 documents at the Federal Communications Commission, including proposed contour maps, support EBS Contention 1.B. Other information and documentation may become known to the State of New York in the future because neither di'scovery nor research has been terminated yat.

10. Please state the basis for Intervenors' statement in contention 1.B that "Long Island radio antennas are typically oriented in a nominal east-west direction, in order to facilitate reception of radio signals from the New York City area." Please identify and produce any documents that Intervenors believe support this statement.

Response: Upon information and belief, the FM radio antennas of some EPZ residents are fixed in such a way as to receive signals from directions other than New Haven's direction, which is where WPLR's transmitters are located. Ot$er information and documentation may become known to the State of New York in the future because neither discovery nor research has been terminated yet.

11. Please identify and produce a copy of any documents that Intervenors believe support their statement in contention 2.A that "the new EBS network has significant gaps in its AM coverage of the EPZ at night."

Response: At this time, the documents that indicate that the new EBS network appears to have significant gaps in its AM coverage of the EPZ at night are "LILCO's Motion for Summary Disposition of the WALK Radio Issue," dated November 6, 1987, and the 5

attachments prepared by Cohen and Dippel, P.C. Other' documentation may become known to the State of New York in the future because neither discovery nor research.has been terminated yet.

12. Please identify and provide a copy of any document not already identified in response to Interrogatories 1-11 above on wnich Intervenors intend to rely in support of their position on contentions 1.A, 1.B, 1.C and 2.A.

Response: If and when any such documents become known to the State of New York, they will be produced as appropriate.

4 k , u 4 Fabian G. /Elomfryd Richard J.' 211hnisuter Special Counsel to the Governor Attorneys for Mario M. Cuo'om Governor, and the State of New York 6

000KETED ViNPC 16 is 18 P3 :02 DATE: March- 1 ., 198E OFFICE 0s tiU.Fi Ar '

Efr UNITED STATES OF AMERICA DOCKET t r A{4 vl0E NUCLEAR REGULATORY COMMISSION 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) )

i CERTIFICATE OF SERVICE

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I hereby certify that copies of the "Response of the State of '

New York to LILCO's First Set of Interrogatories and Request for Production of Documents Regarding LILCO's Emergency Broadcast System" have been served on the following this lith day of March 1988 by U.S. Mail, first class, except as noted by asterisks.

Mr. Frederick J. Shon Spence W. Perry, Esq.

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

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

General Counsel Director, Utility 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 Hunton & Williams Suffolk 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 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 Commission 195 East Main Street 1717 H Street, N.W.

Smithtown, New York 11787 Washington, D.C. 20555 4 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 Lanpher, 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

4 Mr. James P.'Gleason Douglas J. Hynes Chairman 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

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Ri' chard J. Zahnleute'r, Esq.

• Deputy Special-C'o'isel u to the Governor Executive Chamber Capitol, Room 229 Albany, New York 12224 (518) 474-1273

• By Telecopier

• • By Federal Express t

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