ML20150D012

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

ML20150D012
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/15/1988
From:	Mark Miller KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
References
CON-#188-5906 OL-3, NUDOCS 8803230042
Download: ML20150D012 (14)

Text

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RELATED CORRE.SPON0 gig 00CKETED USNRC March 15, 1988 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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Before the Atomic Safety and Licensina BoardW , ' [l , , '!'

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In the Matter of )

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

SUFFOLK COUNTY'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING CONTENTIONS 1-2, 4-8 AND 10 TO LONG ISLAND LIGHTING COMPANY Suffolk County, by its counsel, propounds the following interrogatories and requests for documents to the Long Island Lighting Company ("LILCO"), pursuant to SS 2.740, 2.740b, and 2.741 of the Nuclear Regulate y Commission's Rules of Practice.

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 LILCO does not have specific, complete, and accurate information with which to answer any interrogatory, LILCO should so state, and the interrogatory should be answered to the extent information is available, identifying each person who is believed to have accurate information with respect thereto. Where exact information is not 0

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available, estimated information should be supplied; the answer should state that the information is an estimate and the basis on which the estimate was made. Where appropriate, the upper and lower boundaries of the estimate should be given.

B. Each interrogatory shall be deemed to be continuing, and LILCO is requested seasonably to supplement answers with additional facts, documents, information, 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 disjunctively so as to bring within the scope of these discovery requests any information that might otherwise be construed to be outside their scope.

l D. Wherever appropriate, the singular form of a word shall be interpreted in the plural, and vice versa, so as to bring 1

l within the scope of these discovery requests any information that might otherwise be construed to be outside their scope.

l E. Wherever appropriate, 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.

l l 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 cther material that may have been added to the document after its initial preparation.

O G. If LILCO objects to or claims a privilege (attorney-client, work product, or other) with respect to any interrogatory or document request, in whole or in part, or seeks 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 or claim of privilege in sufficient detail to permit the Licensing Board to determine the validity of the objection or claim of privilege. This description by LILCO should include with respect to any document:

(1) author, addressor, addressee, recipients of 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 LILCO's possession, custody, or control, or which is no longer in existence, 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 therefor, and identify each person having knowledge concerning such disposition or loss and the contents of the document, and identify each document evidencing its prior existence and/or any fact concerning its nonexistence or loss.

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DEFINITIONS A. "Person" means any individual, corporation,-

partnership, unincorporated association, 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 location, of any written, typed, printed, recorded or graphic material, however produced or reproduced, or any tangible thing that in whole or in part illustrates or conveys information, 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, mailgrams, telegrams, reports, summaries, surveys, analyses, studies, calculations, 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, clippings, vouchers, checks and drafts, bills, receipts, invoices, calendars, appointment books, diaries, preliminary drafts and working papers, drawings, sketches, graphs, charts, plans, specifications, blueprints, photographs, films, videotapes, tapes, recordings, computer-stored and computer retrievable information, annotations or markings appearing on any document or thing, and all other writings and recordings of every description, however denominated, translated or described.

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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 Compa'ny (including LERO and LERIO), and any affiliate, agent, employee, consultant, contractor, technical advisor, representative (including, without limitation, attorneys and accountants and their respective agents and employees), or other person acting for or on behalf of LILCO, or at LILCO's direction or control, or in concert with LILCO or assisting LILCO.

S. "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. "Contractor" means any person, not affiliated with LILCO, who performed work concerning Shoreham on behalf of LILCO and/or pursuant to a contract with LILCO or sub-contractors who performed work on behalf of a contractor with whom the person was not affiliated and pursuant to a contract with such contractor.

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

G. "Concer s," "concerning," or any other derivative thereof, includes referring to, responding to, relating to, pertaining to, in connection with, compromising, memorializing, commenting on, regarding, discussing, showing, describing, reflecting, analyzing, supporting, contradicting, and

' constituting.

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H. "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 LILCO; and

8. if any of the above information is changed subsequent to the time period referenced in a particular interrogatory, set forth in the answer, and label appropriately, current information as well as the information applicable to the time period referenced in the interrogatory.

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

1. the full name of such person, including its legal name and any assumed 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;

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4. whether LILCO has or has had any relationship or affiliation with such person, its affiliates or subsidiaries, and, if so, a description of such relationship; and

5. if any of the above information has changed subsequent to the time period referenced in a particular interrogatory, set forth in the answer, and label appropriately, current information as well as the information applicable to the time referenced in the interrogatory.

J. "Identify" when used in reference to a document shall mean to set forth the following:

1. Its title;

2. its subject matter;

3. its date;

4. Its author; t

5. its addressee;

6. its file designation or other identifying 1

, designation; and l

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7. its present location and present custodian.

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

1. the date of the communication; l 2. the place of the making and place of receipt of i

i the communication;

3. the type and means of communication;

4. the substance of the communication; l

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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.

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

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

NRC.

N. "FEMA" means the Federal Emergency Management Agency l

l and its staff, any division or section or region thereof, any staff member thereof, or any agent, consultant, contractor, l

technical advisor, employee, or representative of FEMA.

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INTERROGATORIES AND REOUESTS FOR PRODUCTION OF DOCUMENTS Identification of Witnesses

1. Please identify, on a contention-by-contention basis, each witness LILCO expects to call to testify on Contentions 1 and 2 (directing traffic), Contention 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 re-entry), and Contention 10 (EPZ access control), as set forth in the Licensing Board's order ruling on LILCO's summary disposition motion on the legal authority / realism contentions. Memorandum and Order (Ruling on LILCO's Motions for Summary Disposition 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 LILCO expects to call, state on a contention-by-contention basis 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 LILCO expects to call as an expert witness, state on a contention-by-contention basis the subject matter on which he is expected to 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.

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

3. Please list any NRC, judicial, administrative, legislative, or other legal proceeding in which each witness has testified on any matter related in any way.

to the substance of the issues in Contentions 1-2, 4-8, and 10. State on a contention-by-contention basis which contention the witness's testimony concerns.

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

5. Please identify all articles, papers, studies, reports, books and other such documents authored or prepared by each witness pertaining to the substance of the issues in Contentions 1-2, 4-8, and 10.

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6. Please state whether each witness has prepared, or has

! had prepared, any written studies, reports, analyses, or other documents with respect to the substance of the l issues in Contentions 1-2, 4-8, and 10.

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7. Unless the answer to Interrogatory 6 above is a simple l

l negative, please identify each document in LILCO's l

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response' to these Interrogatories .according to Definition J and provide a copy of each document.

Respectfully submitted, E. Thomas Boyle Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 Lawrence Coe Lanpher Karla J. Letsche Michael S. Miller KIRKPATRICK & LOCKHART 1800 M Street, N.W.

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

14 00CKETED March 15, 1988 U$NRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 18 MM 21 ~ P6 :10 Before the Atomic Safety and Licensino Board 0FFICE Ci HLktlA6 f 00CKEliNG A SEnvlCE BRANCH

)

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 FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING CONTENTIONS 1-2, 4-8, AND 10 TO LONG ISLAND LIGHTING

COMPANY have been served on the following this 15th day of March, l- 1988 by U.S. mail, first class, except as otherwise noted.

i i James P. Gleason, Chairman Mr. Frederick J. Shon

! Atomic Safety and Licensing Board Atomic Safety and Licensing Board i U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission I

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 l Federal Emergency Management Agency l Dr. Jerry R. Kline 500 C Street, S.W., Room 840 Atomic Safety and Licensing Board Washington, D.C. 20472 l 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 1

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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 Suite 1020 175 East Old Country Road Albany, New York 12210 Hicksville, New York 11801 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 1723 Hamilton Avenue North Shore Committee Suite K P.O. Box 231 San Jose, California 95125 Wading River, New York 11792 l Mr. Jay Dunkleburger George E. Johnson, Esq.

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

l 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 l Pittsburgh, Pennsylvania 15222 229 W. 43rd Street i New York, New York 10036 l

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d y gt Douglas J. Hynes, Councilman

Town Board.of-Oyster Bay

. Town Hall Oyster Bay, New York 11771 Michael S. Miller KIRKPATRICK & LOCKHART 1800 M Street, N.W.

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

• By Federal Express l

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