ML20150D471

Suffolk County Answers to Lilco Third Set of Interrogatories & Requests for Production of Documents Re Contentions 1-2, 4-8 & 10.* W/Supporting Documentation & Certificate of Svc. Related Correspondence

ML20150D471
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	07/06/1988
From:	Lanpher H KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	LONG ISLAND LIGHTING CO.
Shared Package
ML20150D462	List: ML20150D459 ML20150D471
References
OL-3, NUDOCS 8807140016
Download: ML20150D471 (15)

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RECAIED. cORRESP_ON,DMM94 l!SNRC July 6, 1988 TB JL -8 P2 h9 UNITED STATES OF AMERICA crt:cr <- - <

NUCLEAR REGULATORY COMMISSION 0 %~ ', -

Befo.re 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) )

)

SUFFOLK COUNTY'S ANSWERS TO LILCO'S THIRD SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS RRGARDING CONTENTIONS 1-2, 4-8, AND 10 Suffolk County hereby responds to LILCO's Third Set of Interrogatories and Requests for Production of Documents Regarding Contentions 1-2, 4-8, and 10. In providing these answers, the County does not concede the relevance of, or the Board's jurisdiction over, these matters.

Interrocatory 124. With respect to the Suffolk County Emergency Operations Plan, please state when, if ever, Suffolk County or the State of New York first produced this document to LILCO in response to discovery requests. Specifically, your answer to this interrogatory should include the followings

a. Please list the date, method of trans- -

mittal, and specify the' request or requests to which this document was produced as responsive.

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b. If records sufficient to answer part a above are not in the possession of outside Counsel for Suffolk County or the State of New York, then search the files of the Suffolk County Attorney and produce any and all documents from 1982 to the present which would provide a response to this. Interrogatory,

c. If records sufficient to answer part a of this Interrogatory are not available in the files of the Suffolk County Attorney, please state the name, position, and office location of the person or persons having possession, custody, or control of documents which would be responsive to this Interrogatory.

d. If such documents are unavailable, or have been destroyed or lost, please describe when, why, and at whose direction this occurred.

Resoonse. As Suffolk County has stated previously, the f'

County believes that the Operations Plan was first produced to LILCO during discovery in summer 1982, most likely in response to LILCO's requests of June 2, 1982. Precise records regarding such production have not been located Ja. the files of the Suffolk County Attorney or Kirkpatrick & Lockhart and thus it is not possible to list the date or method of transmittal of the Plan to y LILCO. In fact, it is not known whether there are any documents which would establish with certainty whether the entire Plan was produced to LILCO during the 1982 discovery.1/ Rowever, it is the memory of Mr. J. Bilello and Mr. F. Jones that in 1982 the 1/ Files maintained by K&L pertaining to discovery in 1982-83 were sent to Suffolk County in 1985. The County Attorney's Office is seeking to locate those files. If they are located, they will be reviewed. If it is determined that tha, files sent to the County Attorney's Office no longer exist, we will attempt to find out when and at whose direction they were destroyed.

i County made a diligent review of its emergency planning materials at the Emergency Preparedness Division and that the Operations Plan (albeit an earlier version) would have been among the docu-ments produced to LILCO. Such a review was undertaken pursuant to Mr. F. Jones' July 23, 1982, Memorandum (a copy is attached hereto).

Interroaatory 125. Please list the names and positions of all persons within the Suffolk County or State of New York govern-ments who have copies of all or any part of the Suffolk County Emergency Operations Plan. Specifically, in your response to this interrogatory please identify the following persons:

a. Identify the perse.(s) within the Suffolk County government who are responsible for maintaining a master copy, if any exists, of this document.

b. Identify the person (s) within the Suffolk County government who are responsible for updating this document, or keeping it current.

c. Identify all persons within the Suffolk County and State of New York governments who have a copy or copies of all or any part of this Plan, and for each person so identified list the specific parts of the Plan in the custody of each.

Resoonse. The only complete copy of the Plan possessed i

by Suffolk County is at the office of the County Emergency Preparedness Division. Mr. R. Jones of that Division is

! responsible for maintenance and updating of the Plan. Other i

County departments might have copies of the portion or portions l

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of the Plan which relate to that particular department. No' list of custodians of those parts is available.

The County also is aware that the New York State Emergency Management Office received a copy of the Plan in early May 1988.

Mr. Norton of SEMO was at the County Emergency Preparedness

, Division at that time on matters unrelated to this proceeding.

Mr. Horton was provided a copy at that time.

Interrocatory 126. Identify all persons within the Suffolk County or State of New York governments who assisted in any way in the gathering of documents in preparation for Suffolk County's production of documents responsive to LILCO's discovery requests dated June 2, 1982-July 21, 1983, August 8, 1983, and March 24, 1988 as described in LILCO's Response to "Suffolk County Response to Licensing Board Discovery Inquiries," dated June 1, 1988.

Specifically, in your response to this interrogatory please include answers to the following questions:

a. Identify the person or persons responsible for coordinating the document production effort.

l b. Identify the person within the Suffolk County government who produced the i Suffolk County Emergency Operations Plan to Kirkpatrick & Lockhart ("K & L") for i production to LILCO, including the date l of such production to K & L.

Resoonse. It is impossible for the County to identify within the Suffolk County government "all persons who assistec in any way in the gathering of documents" in the 1982-83 era. There are no records which identify such persons. Nevertheless, we can provide the following information. In 1982, Messrs. F. Jones, J. Bilello and W. Regan assisted in document gathering.

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Mr. F. Jones was responsible for coordinating the document production effort. Mr. F. Jones sought responsive documents from all Suffolk County department heads; the extent to which particu-lar department heads or other personnel were involved in assisting with document gathering in 1982 is not known. Mr. F.

Jones would have been the person who transmitted the Plan to K&L.

In 1983, the same persons with the addition of Mr. R. Jones, can be identified as having assisted with document gathering.

Department heads were again requested by Mr. F. Jones to.providc responsive documents. Mr. F. Jones again was responsible for coordinating the document gathering and would have transmitted the Plan to K&L.

In 1988, F. Petrone, R. Jones, and J. Bilello assisted in C

document gathering, with Mr. Petrone having the coordinating role and responsibility. Mr. Petrone transmitted the Operations Plan to Kirkpatrick & Lockhart on or about May 23, 1988, and it was received by K&L from Mr. Petrone on May 24, 1988.

Interroaatory 127. Identify the person within Suffolk County government who provided the copy of the Suffolk County Emergency Operations Plan which was produced to LILCO on or about May 24, 1988.

a. Is the person identified in response to this interrogatory the same person as previously identified in response to part a of Interrogatory No. 125?

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b. Is the document produced to LILCO the same as that maintained by Mr. Petrone?

c. If Mr. Petrone is not the person responsible for maintaining a master copy, please identify the person who has it, or from whom he received it.-

e Resoonse. Mr. J. Bilello transmitted the Plan to Mr. F. Petrone rdho transmitted it to K&L. As noted in response to Interrogatory No. 125(a), Mr. R. Jones is the person who maintains the Plan. The document produced to LILCO is the same as that maintained by Mr. R. Jones except the County's version has' xeroxing on both sides and confidential data which have been redacted from the version produced to LILCO.

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

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Herbert H. Brown Lawrence Coe Lanpher Karla J. Letsche KIRKPATRICK & LOCKHART 1800 M Street, N.W.

South Lobby - 9th Floor Washington, D.C. 20036-5891 Attorneys for Suffolk County 4

4 . T VERIFICATION Frank R. Jones, being duly sworn, deposes and says: that he' is currently Long Island; the Supervisor of the Town of Islip, Suffolk County, that he was involved in matters related to the Shoreham Nuclear Power Station during the period 1982-1986; that he has read SUFFOLK COUNTY'S ANSWERS TO LILCO'S THIRD SET OF INTERROGATORIES REGARDING AND REQUESTS CONTENTIONS FOR PRODUCTION OF DOCUMENTS 1-2, 4-8, AND 10; that the facts related to Mr. Jones stated in Answers 124 and 126 are based on his personal knowledge or reasonable inquiry of appropriate County personnel, as well as on additional information provided by Counsel and that he best believes of his knowledgethe matters stated and belief, therein and to beverifies therefore true tothe the foregoing on behalf of Suffolk County.

Frank R. Jones State of New York ) SS:

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a Notary Public in and for the juris-diction aforesaid, hereby certify that Frank R. Jones, whose name is signed to the foregoing Answers, dated July 6, 1988, has personally sworn before me that the statements in Answers 124 and 126 therein are true to the best of his knowledge and belief.

Notary Public My Commission expires:

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VERIFICATION Frank P. Petrone, being duly sworn, deposes and says: that he la currently the Acting Director of the Suffolk County Depart-ment ~of Fire, Rescue and Emergency Services; that he has been involved in matters related to the Shoreham Nuclear Power Station since January 1987; that he has read SUFFOLK COUNTY'S ANSWERS TO LILCO'S THIRD SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING CONTENTIONS 1-2, 4-8, AND 10; that the facts related to Mr. Petrone stated in Answers 126 and 127 are based on his personal knowledge or reasonable inquiry of appro-priate County personnel, as well as on additional information provided by Counsel; and that he believes the matters stated therein to be true to the best of his knowledge and belief, and therefore verifies the foregoing on behalf of Suffolk County.

Frank P. Petrone State of New York ) SS:

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, a Notary Public in and for the juris-diction aforesaid, hereby certify that Frank P. Petrone, whose name is signed to the foregoing Answers, dated July 6, 1988, has personally sworn before me that the statements in Answers 126 and 127 therein are true to the best of his knowledge and belief.

Notary Public My Commission expires:

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V VERIFICATION Richard Jones, being duly sworn, deposes and says: that he is currently the Suffolk County-Radiological Officer; that he has read SUFFOLK COUNTY'S ANSWERS TO LILCO'S THIRD SET OF I"TERROGA-TORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING CONTENTIONS 1-2, 4-8, AND 10; that the facts related to Mr. Jones stated in Answers 125-27 are based on his personal knowledge or.

j reasonable inquiry of appropriate County personnel, as well as on additional information provided by Counsel; and that he believes the matters stated therein to be true to the best of his knowledge and belief, and therefore verifies the foregoing on  ;

behalf of Suffolk County.

Richard Jones State of New York ) SS:

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, a Notary Public in and for the jurls-diction aforesaid, hereby certify that Richard Jones, whose name is signed to the foregoing Answers, dated July 6, 1988, has personally sworn before me that the statements in Answers 125-27 therein are true to the best of his knowledge and belief.

Notary Public My Commission expires:

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e VERIFICATION John silello, being duly swarn, deposes and says: that he is currently the Acting Director of the Suffolk County Emergency Preparedness Division; that he hus read SUFFOLK COUNTY'S ANSWERS TO LILCO'S THIRD SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING CONTENTIONS 1-2, 4-8, AND 10; that the facts related to Mr. Bilello stated in Answers 124-127 are based on his personal knowledge or reasonable inquiry of appropriate County personnel, as well as on additional informa-tion provided by Counsel; and that he believes the matters stated therein to be true to the best of his knowledge and belief, and therefore verifies the foregoing on behalf of Suffolk County.

John Bilello State of New York ) SS:

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, a Notary Public in and for the juris-diction aforesaid, hereby certify that John Bilello, whose name j is signed to the foregoing Answers, dated July 6, 1988, has personally sworn before me that the statements in Answers 124-127

.herein are true to the best of his knowledge and belief.

l NotaFj Public My Commission expires:

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( y1CM: fru!S"5"T?TER Deputy ".ounty Esecutive DATE: July 13, 1982 II:

Docer,ents Regudist Emergesey planning As you are aware, the County is a party in proceedings before the 72C Atomic Safety a:d Licensing Scard ioneersing whether *:ha Long Island Lighting Company should be granted

$ an operatug license for the Shorahas .7: clear power Sta, tion.

On July 20, 1982, the Board ru. led that the County is obliga.ted to produce for LILCQ's inspection a wide range of doctusents regarding the County's plans for desling with einertencies, both nuclear and non-nuclear. The documents which the County must produce are as specified in two separate requests for documents (attached) which LII4Q had previously submitted to the County. In 11ths of the Board's ruling, I request that your depart:nent

! immediately connence a search of its files in order to determise whethe::' it is in possession of any of the '

items listed in the a,ttached docu=ent requests. To the extent that your department does postress such emergency planning documents, they must be copied and submitted to my artice promp'cly. As I understand -de request, any emerrency orocedure vou =st uossess of any nature, l should be provided to LU .

The Board has ordered that all docu=ents in the County's possession pertinent to trTO's document requests.

be provided by Monday, July 28, IS82. Prompt a,ttention

'en the part of your depart:nent is necessary in order Q to meet that order. Therefore I require that within

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, 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of receipt of this =e=,crand:n, Tou infonn me .

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' fag 2 h July 22, 1882 Documents Regarding 7.mergency planning 0 -

of the volume of pertinent me.terials in rottr department's possession be copied and andsubmitted an estimate of when those ms.terials can to me.

In addition, please describe

.briefly (e.g. how your emergency planning d.scu=ents are filed piease note that itare they, is one file or distributed among many files. )

is not necessary t 1 rait until all .

documents meeting u them to this office.these req' 'ests are copied before forwarding If certain ca.tegories of documents aio more readily accessible or non-voluminous, then those materiiLis should be submitted as soon as pessible. ,

Tour prompt attention to this matter is a,pprecia,ted.

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00tKiiED U%nc Julv 6, 1981

'E0 J1 -8 P2 :49 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE c- -. M i 4. "

00CKEi10 4 Tevilf.

Before the Atomic Safety and Licensino Board 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 ANSWERS TO LILCO'S THIRD SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING CONTENTIONS 1-2, 4-8, AND 10 have been served on the following this 6th day of July 1988 by U.S. mail, first class, except as otherwise noted.

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

! Atomic Safety and Licensing Board Atomic Safety and Licensing Board j 513 Gilmoure Drive U.S. Nuclear Regulatory Commission l Silver Spring, Maryland 20901 Washington, D.C. 20555 Dr. Jerry R. Kline William R. Cumming, Esq.

Atomic Safety and Licensing Board Spence W. Perry, Esq.

l U.S. Nuclear Regulatory Commission Office of General Counsel Washington, D.C. 20555 Federal Emergency Management Agency 500 C Street, S.W., Room 840 Washington, D.C. 20472 1

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0-Fabi' -

'm~omino, Esq. W. Taylor Reveley, III, Esq

• Richa d ' lahleuter, Esq. Hunton & Williams Special Counsel to the Governor P.O. Box 1535 Executive Chamber, Rm. 229 707 East Main Street State Capitol Richmond, Virginia 23212 Albany, New York 12224 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 l Ms. Nora Bredes Docketing and Service Section l 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 Assistant Attorney General Suffolk County Executive New York State Department of Law H. Lee Dennison Building 120 Broadway Veterans Memorial Highway Room 3-118 Hauppauge, New York 11788 New York, New York 10271 l MHB Technical Associates Dr. Monroe Schneider

! 1723 Hamilton Avenue North Shore Committee l Suite K P.O. Box 231 San Jose, California 95125 Wading River, New York 11792 Mr. Jay Dunkleburger New York State Energy Office Edwin J. Reis, Esq.*

Agency Building 2 U.S. Nuclear Regulatory Comm.

Empire State Plaza Office of General Counsel Albany, New York 12223 Washington, D.C. 20555 l

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s 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 Douglas J. Hynes, Councilman Mr. Philip McIntire Town Board of Oyster Bay Federal Etuergency Management Town Hall Agency Oyster Bay, New York 11771 26 Federal Plaza New York, New York 10278 Adjudicatory File Atomic Safety and Licensing Board Panel Docket U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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Lawrence Coe Lanpner KIRKPATRICK & LOCKHART 1800 M Street, N.W.

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

• By Telecopy l

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