ML20150D507

State of Ny Response to Lilco Third 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

ML20150D507
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	07/05/1988
From:	Zahnleuter R NEW YORK, STATE OF
To:	LONG ISLAND LIGHTING CO.
References
CON-#388-6688 OL-3, NUDOCS 8807140031
Download: ML20150D507 (15)

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NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensina Board In the Matter of )

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

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Unit 1) )

i STATE OF NEW YORK'S RESPONSE TO LILCO'S THIRD SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING CONTENTIONS 1-2, 4-8, AND 10 TO SUFFOLK COUNTY, H]M, YORK STATE. AND THE TOWN OF SOUTHAMPTON As ordered by the Board during the June 29, 1988 Conference of Counsel (Tr. 20934), the State of New York hereby' responds to "LILCO's Third 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," dated June 7, 1988 ("LILCO's Third Interrogatories").1 1 The submission of this response by the State of New York to LILCO's Third Interrogatories may not be construed as a waiver or withdrawal of any of the State of New York's rights or any of its previously asserted arguments pertaining to the so-called "integrity of the proceeding" issue, such as the matters discussed in the "Govarnments' Motion for Licensing Board to Vacate June 17, 1988 Order," dated June 20, 1988.

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General Obiection No. 1 The State of New York objects to all of LILCO's Third Interrogatories to the extent that they seek the presentation of information, identification of documents, and the production of documents themselves, that are possibly within the possession, custody or control of the County of Suffolk rather than the State of New York. The County of Suffolk is a governmental entity that is separate from, and independent of, the State of New York. The State of New York is not responsible for responding to LILCO's Third Interrogatories on the County of Suffolk's behalf.

LILCO Interroaatory No. 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 following:

a. Please list the date, method of transmittal, and specify the request or requests to which this document was produced as responsive.

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:

Egg General Objection No. I with regard to all subparts of this interrogatory.

In addition to objecting on the grounds set forth in General Objection No. 1, the State of New York objects to subpart (a) because this subpart imposes an undue burden on the State of New York. LILCO is fully capable of searching its own files and canvasing its own employees to determine the procedural parameters of its own discovery request for the Suffolk County Emergency Operations Plan, if there was such a request.

Notwithstanding these objections, counsel for the State of New York discussed production of a successor (the New York State Disaster Preparedness Plan) of an outdated portion of the Suffolk County Emergency Operation Plan during recent Shoreham hearings.

See Tr. 20549, 20822-20826. The State of New York's response to LILCO Interrogatory No. 124 is no different than what counsel for the State of New York stated at those places in the transcript:

the State of New York provided LILCO with a copy of a successor (the New York State Disaster Preparedness Plan) of an outdated portion of the suffolk County Emergency Operations Plan under cover of a letter from the State Radiological Emergency Preparedness Group to Donald P. Irwin, dated February 17, 1984, in response to LILCO's February 8, 1984 request for the New York State Disaster Preparedness Plan. Copies of this transmittal

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e letter and two related transmittal letters are attached.

LILCO Interroaatory No. 125.

Please list the names and positions of all persons with the Suffolk County or State of New York governments 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:

ao Identify the person (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 part.s of the Plan in the custody of each.

ResDonse:

Egg General Objection No. 1 with regard to all subparts of this interrogatory.

In addition to objecting on the grounds set forth in General Objection No. 1, the Sta':e of New York objects to subpart (c) because this subpart imposes an undue burden on the State of New York and is overly broad, since "persons within State of New York government" encompasses hundreds of thousands of persons. I Notwithstanding these objections, with regard to subpart (c),

upon information and belief, member agencies of the New York State Disaster Preparedness Commission have copies of a saccessor

, (the New York State Disaster Preparedness Plan) cf an outdated

portion of the Suffolk Count'r Emergency Operations Plan. The State-of New York is continuing its effort to determine whether "persons in state of New York government" have copies of the Suffolk County Emergency Operations Plan, but, to date, no copies have beer located, except one copy which, upon inquiry'from counsel, was located in the files of the State Emergency Management Office (SEMO) on June 6, 1988, and which was originally received on May 6, 1988 from the County of Suffolk.

SEMO is the state agency that over sees state planning in areas that the Suffolk County Emergency Operations Plan pertains to:

1.e., areas other than radiological emergencies at nuclear power

., plants.

LILCO Interrocatory No. 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 "Su0 folk County Response to l Licensing Board Discovery Inquiries," dated June 1, 1988.

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

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a. Identify the person or persons responsible for l

coordinating the document production effort.

b. Identify the person within the Suffolk County government who produced the Suffolk County Emergency Operations Plan to Kirkpatrick &

L ukhart ("K & L") for production to LILCO, including the date of such production to K & L.

l l Response:

Egg General Objection No. 1 vith regard to all subparts of l

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I a this interrogatory.

Notwithstanding this objection, no persons within State of New York government "assisted in any way in the gathering of documents in preparation for Suffolk County's production of documents" responsive to the enumerated discovery requests.

Dis ~overy requests dated June 2, 1982 - July 21, 1983 and August 8, 1983 have no relation to the State of New York whatsoever because the State of New York first entered this licensing proceeding in January 1984, long after those discovery requests apparently were served on the County of Suffolk. In any event, "Suffolk County's production of documents" has been conducted independently from the State of New York because, as stated in General Objection No. 1, the County of Suffolk is a governmental entity that is separate from, and independent of, the Stute of New York and the State of New York has no responsibility foi-responding to any interrogatories, including LILCO Interrogatory No. 126, on the County of Suffolk's behalf.

LILCO Interroaatory No. 127.

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

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

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

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c. If Mr. Petrone is not the person responsible for maintaining a master copy, please identify the

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I person who has it, or from whom he received it.

Response

See General Objection No. 1 with regard to all subparts of this interrogatory.

All objections and responses not addressed in the attached verifications of Mr. Davidoff and Mr. DeVito are stated by counsel.

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"Fabian G. a%6mino '

Richard J.,Zhhnleuter Special Counsel to the Goverlor Attorneys for Mario M. Cuomo, Governor, and the State of New York l

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STATE OF NEW YORK' DEPARTMENT OF HEALTH CORNING TOWER e TH E GOVERNOR N ELSON A. ROFXEFELLER EMPIRE ST ATE AL A Z A e AL D AN Y, N.Y.12237 O A VID A X E L RO D, M.D.

Comm o s s oon e r February 17, 1984 Donald P. Irwin, Esq.

Hunton & Williams 707 East Main Street Richmond, VA 23219

Dear Mr. Irwin:

As requested, enclosed herewith via Federal Express (2 separate envelopes) are the following documents:

1) NYS Disaster Preparedness Plan

2) NYS Radiological Emergency Preparedness Plan

3) Wayne County Radiological Emergency Preparedness Plan

4) Monroe County Radiological Emergency Preparedness Plan

5) Radiological Emergency Response Interim Plan for Implementing Compensating Measures for Rockland County Sincerely yours, t M W+O i

Lucy Ann Mazzaferro Radiological Emergency Preparedness Group cc: Rick Zahnleuter l

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t 64 A STATE OF NEW YORK CORNING TOWER e TH E GOVERNOR N ELSON A. POCKEFELLER EMPIRE ST ATE PL AZ A e ALD AN Y, N.Y.12237 M DEPARTMENT OF HEALTH D A VIO a a E L ROO, M.D.

Comm e s s son er February 21, 1984 Donald P. Irwin, Esq.

Hunton & Williams 707 East Main strbet Richmond, VA 23219

Dear Mr. Irwin:

In addition to materials previously sent to you on February 17, enclosed herewith via Federal Express are the following documents:

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1) Oswego County Radiologiaal Emergency Preparedness 1 Plan

( 2) Westchester County Radiological Emergency Preparedness Plan

3) Orange County Radiological Emergency Preparedness Plan Sincerely yours, I

Lucy Ann Mazzaferro Radiological Emergency Preparedness Group cc: Rick Zahnleuter 1

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s lA A STATE OF NEW YORK M DEPARTMENT OF HEALTH CORNING TOWER e TH E GOVERNOR N ELSON A. ROCK E FELL ER EMPIRE ST AT E PL A Z A e A L D AN Y, N.Y.12237 C A VIO A x E L ROO, M.C.

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February 22, 1984 Donald P. Irwin, Esq.

Hunton & Williams 707 East Main Street Richmond, VA 23219

Dear Mr. Irwin:

In addition to materials previously sent to you on February 17 and February 21, enclosed herewith via Federal E>: press is the following document:

1) Putnam County Radiologica] Emerdency Preparedness Plan Sincerely yours, lk Lucy Ann Mazzaferro h Radiological Emergency Preparedness Group l

cc: Rick Zahnleuter l

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t VERIFICATION STATE OF.NEW YORK) ss:

COUNTY OF ALBANY) l t

I Donald B. Davidoff, being duly sworn, deposes and says that he has read the last two sentences in the State of New York's response to LILCO Interrogatory No. 124, as well as the attached transmittal letters. Based upon information of which he has personal knowledge and with which he has been provided, he believes that the information in the last two sentences in this response and in the attached transmittal letters is true to the best of his knowledge and belief, and, on these grounds, verifies the information presented in the last two sentences in this response and in the attached transmittal letters on behalf of the State of New York.

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'f DnaldB.i Davidoff Sworn to before ,

this.. !T J ay f of July 1988 Mf  !

Notary Publli~c

.I l RICHARD J. ZAHt&E,g TE pry Public. St3t' Qualib "4 % ounty C

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e YERIFICATION STATE OF NEW YORK) ss:

COUNTY OF ALBANY)

. Donald A..DeVito, being duly sworn, deposes and says that he has read the last three sentences of the State of New York's

= response to LILCO Interrogatory No. 125. Based upon information of which he has personal knowledge and with which he has been provided, he believes that the information presented in the last three sentences of this response is true to the best of his knowledge and belief, and, on these grounds, verifies the information presented in the last three sentences of this response on behalf of the State of New York.

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3 Donald A. DeVito Sworn to befor g this. 8 72/ , day of July 1988_

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No.4766948 Commission Empiresh 10,1^.N i

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DATE: July 5, 1988 x b' 't UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .k {3 t: . ',JUL l l 1988b- L-Before the Atomic Safety and Licensina Boa d Sr$fcgig,,

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In the Matter of )

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

) (Emergency Planning)

(Scoreham Nuclear Power Station ) 7

)

Unit 1) )

i CERTIFICATE OF SERVICE I hereby certify that copies of the "State of New York's Response to LILCO's Third Set of Interrogatories and Requests for Production of Documents Regarding Contentions 1-2, 4-8, and 10 to Suf'71k County, New York State, and the Town of Southampton,"

has been served on the following this 5th day of July 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 Agency 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

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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 s 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 Ccmpany Twomey, Latham & Shea Shoreham Nuclear Power Shation 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 19F East Main Street 1717 H Street, N.W.

Smithtown, New York 11787 Washington, D.C. 20555 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 Edwin J. Reis**

New York State Energy Office U.S. Nuclear Regulatory Commission Agency Building #2 Washington, D. C. 20555 Empire State Plaza Albany, New York 12223 s

4 Mr. James P. Gleason Dcuglas 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 Adjuicatory File Business / Financial Atomic Safety and Licensing NEW YORK TIMES Board Panel Docket 229 W. 43rd Street U.S. Nuclear Regulatory Commission New York, New York 10036 Washington, D.C. 20555 sud /lb C 3 1/b'h t/

Martha E. Radley / 6 Keyboard Specialist

. Albany, New York 12225 (518) 474-1273

• By Telecopier

• • By Federal Express

• • • By hand delivery l

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