ML20151S682
| ML20151S682 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/11/1988 |
| From: | Devito D LONG ISLAND LIGHTING CO. |
| To: | |
| References | |
| OL-3-A-018, OL-3-A-18, NUDOCS 8808160066 | |
| Download: ML20151S682 (112) | |
Text
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'88 Al)G 11 P5 :54 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISGION
______________g
___x.
Before the Atomic Safety and Licensing Board In the Matter of Docket
- 50-322-LONG ISLAND LIGHTING COMPANY OL-3 SHOREHAM NUCLEAR POWER STATION
- (Emergency UNIT 1 Planning)
._____________-----x April 29, 1988 9:05 a.m.
Deposition of DONALD DeVITO, taken by LILCO, pursuant to Notice and Board Order, at the State Capitol Building. Washington, Avenue and State Street, Albany, New York, before Michael H.
Stephany, a Certified Shorthand Reporter and Notary Public within and for Official Exhibit flo. l0 the State of New York.
C3Se N0.
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Disposidon:
Identified Reje:le.1 Rr:md.- _-
IN THE MaiTER OF:
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bitness:
Reporter:
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fio. Pages:
Doyle Reporting, Inc.
CERTIFIED STENOTYPE REPORTERS t
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Computenzed Transcnption M
369 LEXINGTON AVENUE WALTER SH APIRO. CSR NEW YORK. N.Y.10017
(
CHARLES SHAPIRO CSR (212)867 8220
]
t LILCO, April 27,1988 a
s q
UNITED STATES OF AMERICA b l. EXH..' ; " ig NUCLEAR REGULATORY COMMISSION PLF. EXH. lN. EV MICHAEL H. STEPHANY, CSR 0
N-Before the Atomic Safety and Licensing Board 29 In the Matter of
)
g LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station,
) (Best Efforts !ssue)
Unit 1)
)
NOTICE OF DEPOSITION PLEASE TAKE NOTICE that the Long Island Lighting Company, by counsel, pur-suant to 10 C.F.R. S 2.740a of the Nuclear Regulatory Commission's Rules of Practice, will take the deposition upon oral examination of Donald DeVito on matters con-CJng New York State's and Suffolk County's participation in a "best efforts" response to a Shoreham emergency as it relates to Contentions EP 1-2, 4-8, and 10. The deposition will be taken before a notary public and court reporter on Friday, April 29,1988, at 9:00 a.m. and thereaf ter until the taking of the deposition may be completed, in room 214 of the Capitol Building, Albany, New York.
The deponent is directed to produce at the deposition, for inspection and copy-ing, any and all documents, including without limitation notes, records, reports, memoranda, correspondence, studies, analyses, papers, writings, photographs, record-l ings, and other materials of any kind or nature whatsoever, in his possession, custody or l
control or in the possession, custody or control of representatives, employees, attor-l neys, assigns, or anyone acting on his behalf, which relate to the issue stated above, to l
include those documents requested to be produced in "LILCO's Second Set of Interroga-l i
tories and Requests for Production of Documents Regarding Contensions 1-2, 4-8, and i
LL U 10 to Suffolk County, New York State, and the Town of Southampton," dated March 24, 1988. These documents should include, but are not limited to:
1)
A true copy of the current New York State Ra-diological Emergency Preparedness Plan; 2)
A true copy of the current New York State Disaster Preparedness Plan, specifically including any and all portions, appendices, attachments, or exhibits that in-volve or pertain to Suffolk County, and specifically in-clude any Suffolk County disaster plan; 3)
Any and all radiological emergency preparedness plans that cover or provide for any response by New York State or Suffolk County to a radiological emergency at any nuclear facility located in Connecticut, including any and all such plans sponsored by or received from the State of Connecticut or subdivision or local govern-ment thereof; 4)
All documentation of the training and drills conducted or to be conducted by Suffolk County or New York State in connection with any radiological emergency response plan for Millstone, Haddam Neck, or Indian Point nuclear power plants, specifically including any portions of such plans for the ingestion exposure path-way for any of these plants; and 5)
A true copy of any radiological emergency response plan, or any draf t thereof, for the Shoreham Nuclear Power Station, reviewed in whole or in part by the DPC or REPG, including any notes or other documenta-tion concerning the results of any such review, and including any such review conducted in whole or in l
part in 1982 or 1983.
I Respectfullv submitted,
$At/
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gIs d i ing Company i
Hunton & Williams I
707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 l
DATED: April 27,1988
)
U l
6 LILCO, April 27,1988 L
CERTIFICATE OF SERVICE In the Matter of LONG ISLA ND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 I hereby certify that copies of NOTICE OF DEPOSITION for Donald DeVito were served this date upon the following by teler.opy as indicated by one asterisk, by Federal Express as indicated by two asterisks, or by first-class mall, postage prepald.
James P. Gleason, Chairman
. George W. Watson, Esq. **
Atomic Safety and Licensing Board William R. Cumming, Esq.
513 Gilmoure Drive Federal Emergency Management Silver Spring, Maryland 20901 Agency 500 C Street, S.W., Room 840 Richard G. Bachmann, Esq. **
Washington, D.C. 20472 U.S. Nuclear Regulatory Commission Office of the General Counsel Stephen B. Latham, Esq. **
Washington, D.C. 20555 Twomey, Latham & Shea 33 West Second Street Herbert H. Brown, Esq. **
P.O. Box 298 Lawrence Coe Lanpher, Esq.
Riverhead, New York 11901 Karla J. Letsche, Esq.
Kirkpatrick & Lockhart Mr. Donald J. DeVito **
South Lobby - 9th Floor Director of the State Emergency 1800 M Street, N.W.
Management Office Washington, D.C. 20036-5891 Public Security Building - 22 Albany, New York 12236 Fabian G. Palomino, Esq.
- Richard J. Zahnleuter, Esq.
Special Counsel to the Governor Executive Chamber Room 229 State Capitol Albany, New York 12224 au 12
- "'rytg g
Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 April 27,1988 L--
4 Appearances :
HUNTON & WILLIAMS, ESOS.
Attorneys for LILCO 100 Park Avenue New York, New York 10017 BY:
K.
DENNIS SISK. ESQ.,
-and-MARY JO LEUGERS, ESQ.,
of Counsel KIRKPATRICK & LOCKHART, ESQS.
Attorneys for Suffolk County South Lobby and Ninth Floor 1G00 M Street, N.W.
Washington D.C.
20036-5891 BY:
LAWRENCE COE LANPHER, ESQ..
of Counsel RICHARD ZAHNLEUTER, ESQ.
Deputy Special Counsel to the Governor Executive Chamber Room 229 The Capitol Albany, New York 12224 00o O
s 4
3 IT IS HEREBY STIPULATED AND AGREED by and among the attorneys for the respective parties hereto that the sealing and filing of the within deposition be, and the same hereby are, waivodt and that the transcript may be signeo before any Notary Public with the same force and effect as if signed before the Court.
IT IS FURTHER STIPULATED AND AGREED that all obj ect ions, except as to the form of the question. shall be reserved to the time of trial.
oOo e
4
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1 4
2 D0NALD DeV I T O, having been 3
first duly sworn by the Notary Public 4
(Michael H.
Stephany), was exa.ained and 5
testified as follows:
6 MR. SISK:
Let the record reflect 7
that this deposition is convening pursuant 8
to notice from Long Island Lighting Company 9
under the Federal Rules of Civil Procedurre 10 and the NRC Rulings of Practice.
11 The deposition is beginning shortly 12 after 9 a.m.
I have been informed by 13 counsel for the state that the witness will 14 be available from 9 this morning until 15 noon.
We plan to begin another panel 16 deposition at i p.m.
today.
17 As with previous depositions, LILCO 18 will exert its best efforts to complete 19 this deposition within that time between 9 20 and noon.
If it is not possible to 21 complete the deposition, we will ask that 22 it be continued this evening, tomorrow or 23 from day to day until it is completed.
24 Is my understanding correct, Mr.
25 Zahnleuter, that the witness will be DOYLE REPORTING, INC.
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5 DeVito 2
available only until noon today?
3 MR. 7AHNLEUTER:
That's correct.
I 4
obj ect to any possible continuation beyond 5
that time, but hopefully it won't be 6
necessary.
7 MR. SISK:
We will do the best we 8
can.
9 EXAMINATION BY MR, SISK:
10 Q.
Let me ask preliminarily, Mr. DeVito, 11 have you brought any documents with you to the 12 deposition today?
13 A.
No, I haven't.
14 MR. SISK:
Let me hand to the 15 reporter and ask that it be marked as 16 Exhibit 1 to this deposition, a copy of a 17 notice from Long Island Lighting Company 18 dated April 27, 1988 entitled "Notice of 19 Deposition."
20 I will ask the reporter to mark this 21 as Exhibit 1 and I will show a copy to the 22 witness.
23 (Document marked DeVito Exhibit 1 24 for identification, as of this date.)
25 Q.
Mr. DeVito, have you ever seen this DOYLE REPORTING, INC.
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DeVito 2
document before?
3 A.
No, I have not.
4 Q.
Let me ask you to turn to page 2 of 5
this document.
I am going to refer you to a list 6
of documents that were requested for this 7
deposition.
8 Mr. DeVito, do you or does anyone in 9
your office have a copy of the New York State 10 radiological emergency preparedness plan?
11 A.
I would assume so, but I have no 12 specific knowledge that a copy of that plan is in 13 my office.
14 Q.
Does someone within the State 15 Emergency Management Office under your supervision 16 have such a ccpy of that plan?
17 A.
I would believe so, but again. I 18 don't specifically know that.
It would be an 19 assumption on my part.
20 Q.
Do you or does anyone within your 21 office have a copy of the current New York State 22 disaster preparedness plan, referring to item 2 on 23 that list?
24 A.
The first part of that, yes.
The New l
25 York State disaster preparedness plan, but I am l
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DeVito 2
not aware of any portions, appendices, attachments 3
or exhibits that would involve or pertain to 4
Suffolk Couary.
5 Q.
Mr. DeVito. is there a Suffolk County 6
disaster plan that is either included within-or 7
referenced in the New York State disaster 8
preparedness plan?
9 A.
To my knowledge, no.
10 Q.
Do you know whether ther's is such a 11 document?
12 MR. LANPHER:
I obj ect.
Asked and 13 answered.
14 MR. SISK:
I am asking for 15 clarification as to what "to my knowledge" 16 means.
17 Q.
Do you know whether such a document 18 exists or is referenced in the New York State 19 plan?
20 A.
I do not believe so, no.
21 Q.
Let me ask you to refer to item 3, 22 then, on that list, Mr. DeVito.
23 Do you or does anyone within the 24 State Emergency Management Office, to your 25 knowledge. have a copy of any radiological DOYLE REPORTING, INC.
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emergancy preparedness plans that cover or provide 3
for any respcnse by New York State or Suffolk 4
County to a radiological emergency at any nuclear 5
facility located in the State of Connecticut?
6 A.
Just forgive me for a moment, 7
Counselor.
As I said, I have never seen this 8
before, so I am j ust trying to read the whole 9
paragraph here.
10 Q.
That's fine.
11 MR. LANPHER:
Is your question, Mr.
12 Sisk, whether he or his office has any of 13 the documunts called for under item No. 37 14 MR. SISK:
Yes.
15 A.
Again, to my knowledge, no.
16 Q.
And could you also provide an answer 17 with respect to item No.
4, do you or does anyone 18 in your office have a copy of those documents, if 19 any?
20 A.
Again, to my knowledge, no.
21 Q.
And the same question with respect to 22 item 57 23 A.
Absolutely no with respect to item 5.
24 I know that to be a fact.
We don't have a copy of 25 any such document.
DOYLE REPORTING, INC.
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Q.
Thank you.
3 Mr. DeVito, were you requested by 4
counsel for the state to search your files for any 5
of these documents prior to this deposition?
6 A.
Yec. I think there was something that 7
said that and we have no cocuments relating, to my 8
knowledge, to these issues other than those that 9
have already been provided to counsel.
10 Q.
You do have or have a current -- a 11 copy of the current version of the New York State 12 disatter preparedness plan, is that correct?
13 A.
That's correct.
14 Q.
Can you tell me what the dste of the 15 latest revision of that plan is?
16 MR. LANPHER:
I obj ect to this whole 17 line of questioning.
I think it is 18 1rrelevant, but I won't interrupt with that 19 obj ect ion.
It is a continuing obj ection.
20 A.
I don't know.
21 MR. SISK:
Mr. Zahn l eut er, we will 22 request a copy from the state, at least of 23 the New York State disaster preparedness 24 plan, a current version of same.
2' We will proceed with the questioning DOYLE REPORTING. INC.
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1 10 DeVito 2
as best we can under the circumstances.
3 MR. ZAHNLEUTER:
I would like to ask 4
you under what authority does LILCO have 5
the right to initiate a discovery request 6
at this latt date?
The discovery period is 7
closed.
There is no right that LILCO has, 8
to my knowledge, to initiate document 9
discovery at this time, and I obj ect on 10 that ground.
11 And I will also note that to the 12 best of my rece112ction. LILCO has already 13 been provided with a copy of the New York 14 State disaster plan, and if you didn't 15 bring it with you, I'm sorry that that 16 didn't happen. but we are under no 17 obligation to provide you with repetitive 18 copies.
19 MR. SISK:
To the extent it has 20 already been produced and provided as a 21 current copy, that is correct.
I would 22 simply note that the request for that 23 document and any other documents was 24 enenmpasree within LILCO's interrogatories 25 ar. ] within the original deposition notice 1
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issued to this witness on April 5.
We can 3
argue the speciftes later.
Let's not 4
clutter the record with that.
5 Q.
Mr. DeVito, could you state your full 6
name for the record, please?
7 A.
Donald A.
DeVito.
8 Q.
What is your position, sir?
9 A.
I am the director of the New York 10 State Emergency Management Office.
11 Q.
Is t'n New York State Emergency 12 Management Office a part of the New York State 13 Disaster F.'eparedness Commission?
14 A.
Only indirectly.
15 Q.
Can you describe for me the 16 relationship between the State Emergency 17 Management Office and the Disaster Preparedness 18 Commission?
19 A.
The Disaster Preparedness Commission 20 has as its secretariat, the Division of tiilitary 21 and Naval Affairs.
22 The Division of Military and Naval 23 Affairs is my host agency.
As secretariat, they 24 are responsible -- the chief of staff, to the 25 governors who is the head of that agency, is l
DOYLE REPORTING. INC.
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responsible to provide support services to the 3
commission.
Administrative kinds of things.
4 In that regard, we have been 5
designated to fulfill those obligations.
6 MR. SISK:
Let me make one other 7
requesc, while we are on the record, to 8
counsel for the State of New York.
9 There is a deposition this afternoon 10 of Messrs. Papile, Czech and Baranski.
In 11 particular last week during the questioning 12 of Dr. Axelrod, Dr. Axelrod was unable to 13 completely identify the copy of the New 14 York State radiological emergency 15 preparedness plan that was placed before 16 him.
17 We have also made a request for the 18 New York State radiological emergency 19 preparedness plan, that is the current 20 version thereof, in the interrogatories and 21 in the d.> position notices.
22 The version of the New York State 23 radiological emergency preparedness plan, 24 which I presented to Dr. Axelrod last week, 25 according to Dr. Axelrod, was under a cover i
DOYLE REPORTING, INC.
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from General Papile on the official 3
stationery of the Disaster Preparedness 4
Comnission.
5 Also, in his affidavit filed on the 6
summary disposition motions, previously Mr.
7 C:ech has stated that he is responsible G
for maintaining the state portion of that 9
plan.
10 I would request that for purposes of 11 questioning this afternoon, a copy of that 12 be available.
13 MR. ZAHNLEUTER:
Well, I suggest 14 that at the deposition, you ask these 15 witnesses who are available, who you have 16 noticed for deposition, to identify the 17 plan that you showed Dr. Axelrod.
18 I am not going to produce any 19 documents pursuant to the discovery 20 request, which is what I view it to be, 21 that we received two or three days ago.
22 The request that you provided to me 23 as a follow-up to Dr. Axelrod's deposit ion 24 is being considered and I will get back to 25 you as soon as I can.
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However, your request for a copy of 3
the New York State radiological plan is 4
denied, because you already have a copy, as 5
evidenced by the one that you produced to 6
Dr. Axelrod, and I think the proper thing 7
for you to do is to show these witnesses 8
this afternoon the documcat end ask them to 9
identify it.
10 MR. SISK:
That is what we will do.
11 The reason for requesting a copy was to 12 make sure that we have no difficulty with 13 verification and authentication.
14 So my request stands and I 15 understand your response.
16 Q.
Mr. DeVito, how have you prepared for 17 this deposition?
18 A.
When I first received notice of an 19 earlier deposition, I was out of town and I 20 requested that an inquiry be made as to what it 21 entailed and all of that, and the information I 22 received was that my deposition was going to be 23 contested based upon that, and the matter was on 24 hold as far as I was concerned.
25 When I ret urned, there were some DOYLE REPORTING, INC.
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othur discussions that took place with counsel for 3
the state as to what this proceeding might entail 4
and that sort of thing.
Which was important to 5
me, since I am not familiar with the deposition 6
process nor with any of the matters of discovery 7
that you have brought out, that sort of thing.
So 8
I discussed those kinds of issues with state 9
counsel to make sure I was properly prep.ored.
10 Q.
What documents did you review, if 11 any, in preparation for this deposition?
12 A.
The previous -- a set of previous 13 documents in which the governor's statement, Dr.
14 Axelrod's testimony and the Previous deposition by 15 Dr. Axelrod were delivered.
16 Q.
To the best of your recollection, the 17 governor's statement that you are referring to, 18 was that a portion of Dr. Axelrod's test imony that 19 you reviewed?
20 A.
I seem to recall that he did cite a 21 portion of the governor's statement, yes.
22 Q.
And you reviewed the transcript of 23 Dr. Axelrod's deposition as well?
24 A.
Yes, I did.
25 Q.
Did you review any other documents in DOYLE REPORTINO, INC.
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preparing for this deposition?
3 A.
No.
None spicifically to prepare for j
4 this deposition.
5 Q.
Mr. DeVito, how long have you held i
6 the position as the head of the State Emergency 7
Management Office?
8 A.
Since April of 1982.
9 Q.
Who appointed you to that positioni 10 sir?
11 A.
Well, that's kind of a difficult 12 question to answer.
It depends upon what you mean i
13 by appointment.
14 In essence it is a civil service 15 position, so it is not based upon appointment per 16 se, but rather that someone would recommend you 17 for the position, and the qualifications would be 18 determined, I assume, somewhere within the system, 19 whatever system means in those kinds of things.
20 And then subsequent ly, one is assigned on a 21 temporary basis, as I understand it, until 22 demonstrated capability warrants permanent 23 assignment.
24 That begins within the Division of 25 Military and Naval Affairs, and I assume that's DOYLE REPORTING. INC.
1 17 DeVito 2
where it ended.
3 Q.
I hand to the reporter a document 4
that was provided to me by counsel for the state 5
this morning.
It is entitled "Donald A.
DeVito."
6 It contains your address.
I will ask if you can 7
identify this document.
s S
(Document marked DeVito Exhibit 2 9
for identification. as of this date.)
10 A.
Yes, sir, I can.
11 Q.
Can you describe what that document 12 is for me. Please?
13 A.
Well, in essence it is a resume of 14 some highlights with respect to my professional 15 career, which was developed for another purpose, 16 but which I happen to have, so I provided it, and 17 a biographical sketch which is used by my office 18 to provide to organizations that may request that 19 I be a speaker.
20 It contains a number of highlights of 21 various aspects of my career, so that dependent 22 upon the body that has asked that I speak. they 23 could emphasize what portion of it was relevant to 24 them or of significance to them.
25 G.
When was this document prepared?
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A.
Which one now?
3 Q.
Exhibit 2.
4 A.
Well, again, let me point out that it 3
is actually in two Parts.
The biogaaphical sketch 6
is an ongoing thing in my of fice that is j ust 7
available.
I don't know when it was last done 8
within the office.
9 Q.
And you are now referring to the 10 third page of that document?
11 A.
Third page of the document.
12 The first two pages were prepared, 13 che it must be about a year or so ago now, when I 14 was requested to -- I was asked to lead a 15 delegation of public safety of ficials to the 16 Soviet Union in 1989, and at that time I didn't 17 have such a document, and in order to satisfy the 18 requests from the sponsoring organization. I 19 pr epared this document.
May have been around 1
20 April of last year, but I really couldn't be 21 specific on that.
22 In that time frame.
23 Q.
Is the information contained in this 24 document that has been marked as Exhibit 2, true 25 and accurate, to the best of your knowledge?
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4.
Yes.
3 Q.
And is there anything that you would 4
like to add to that resume or biographical sketch 5
at this time to update it?
6 A.
No.
Nothing of any real consequence, 7
I would think.
3 i
8 I had a couple of grandchildren, 9
another one on the way, if you want to add these, 10 but other than that, nothing.
11 Q.
Mr. DeVito, can you describe for me 12 your responsibilities and duties as the head of 13 the State Emergency Management Office?
14 A.
Essentially it is to provide 15 managerial direction to the staff of the Emergency 16 Management Office in conduct of the many 17 activities associated with our particular area of la responsibility.
19 Q.
Can you describe those activities 20 generally for me?
21 A.
We are ese.entially involved in a 22 variety of mitigation activities that center 23 around such things as training and public 24 awareness, those sorts of things, and the 25 development of an infrastructure, if you will, to DOYLE REPORTING, INC.
1 20 DeVito 2
deal with emergency response, and then to provide 3
a mechanism for recovery should a catastrophic 4
disaster strike, and perhaps federal assistance is 5
made available so as to provide the mechanisms to 6
do that kind of administrative Wind of work.
7 In a nutshell. that's the kind of 8
thing we get involved in.
9 Q.
Is it the responsibility of the --
10 wall, let me ask you this:
11 What is the responsibility of the 12 State Emergency Management Office with respect to 13 the state disaster preparedness plan?
Does the 14 State of New York Emergency Management Office 15 prepare that or u,%cate it?
16 (Discussion off the record) 17 A.
I'm sorry.
18 (Record read) 19 A.
Yes, to the latter part of the 20 question.
21 In the coordinating sense, our 22 responsibility would be to provide the 23 administrative mechanism for working with other 24 state agenciss to obtain whatever information is 25 necessary to update that document, and then we D0YLE REPORTING, INC.
1 21 DeVito 2
would do the administrative printing and 3
collating, print ing and distribut ion, that sort of 4
thing.
5 Q.
Is it accurate to say that you have 6
to obtain data from other state agencies in the 7
process of updat ing that plan?
8 A.
Data in its broadest sense, because 9
the document, you will recall. is not very 10 specific with respect to resources and times and 11 things of that nature tha' would go into a plan of 12 action.
It is more generic oriented. who would be 13 responsible for what, under what general 14 circumstances, that sort of thing. so data only in 15 a broad sense.
16 Q.
What sc ate agencies do you consult 17 with in thts process of updating the plan?
19 A.
The Disaster Preparedness Commission.
19 essentially.
20 Q.
And doec that include -- are you 21 including within the Disaster Preparedness 22 Commission, the heads of the various state 23 agencies you participate with in the DPC7 24 A.
Yes.
Let me clarify.
25 They are, of course. the members of D0YLE REPORTING. INC.
1 22 DeVito 2
that commission, but frequently the specific work 3
is accomplished by someone within the organization 4
as opposed to the member of the commission.
5 Q.
By within the organization, do you 6
mean a member of the staff or some other person 7
within, say, the Department of Health?
8 A.
That's correct.
9 Q.
Or some other state agency?
10 A.
That's correct.
11 Q.
Are local disaster preparedness plans 12 incorporated within or referenced in the New York 13 State disaster preparedness plan?
14 MR. LANPHER:
I obj ect to the 15 question.
I think it is vague.
I don't 16
'know what you mean by local disaster 17 Preparedness plans.
i t
18 Q.
Do you understand the question?
19 A.
Not really.
I have the same problem I
20 365 days a year, what actually constitutes LILCO's 21 disaster preparedness plan.
22 Did you have something specific in 23 mind?
24 Q.
Well, let me ask you this generally.
25 Are there documents, other than the t
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portion of the state disaster preparedness plan, 3
which pertain specifically to state agencies?
Now 4
are there documents other than that which are 5
included in the plan?
6 A.
No.
7 Q.
Are local disaster preparedness plans 8
in any respect interfaced with the New York State 9
disaster preparedness plan?
10 MR. LANPHER:
Same obj ection.
11 Q.
I am referring to Flans.
Let me 12 clarify this.
I am referring to plans basically 13 at this point for disasters in general as defined 14 in Article 2B of the executive --
15 MR. LANPHER:
Same obj ect ion.
I 16 think it is vague for the additional reason 17 I don't underutand in your original 18 question before, the clarification you 19 talked about, interfacing with the disaster 20 preparedness plan.
21 I don't understand what you mean by 22 plan interfacing with another Plan.
23 Q.
Do you understand the question?
24 A.
Let me answer it this way.
25 Whatever Planning effort is done at DOYLE REPORTING, INC.
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the local level -- it is at the local level --
3 hopefully, it is consistent generally with 4
community acceptance standards of what ought to be 5
in a disaster plan.
6 But to determine whether or not that 7
plan, for any community 1.-
the state, specifically 8
blends in with, coordinates with, interfaces with 9
the state plan, you would have to go to that 10 community and determine what planning they have 11 done.
12 I do not make it a practice of 13 studying local government plans.
I j ust don't 14 have the time nor the inclinat ion.
15 Q.
Does anyone within the State 16 Emergency Management Office review such local 17 disaster preparedness plans?
19 A.
There is a process that is 19 essentially a federally funded planning process 20 that enables us to provide as an organization 21 assistance, if requested, to a locality in the 22 development of their broad-based disaster plan.
23 We provide those services. but to say 24 that yesterday we provided those services to 25 County X.
I couldn't do that.
I j ust don't know.
DOYLE REPORTING. INC.
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That's a sometimes scheduled activity 3
spread out over years. so I couldn't give you a 4
specific answer for any particular community, but 5
that's generally the way the process works.
6 Q.
Mr. DeVito, do you know whether 7
Suffolk County has, as you called it, a 8
broad-based disaster preparedness plan?
9 A.
No. I don.
-ou would have to check 10 with Suffolk County on 'Nat 11 Q.
Is there anyone within the State 12 Emergency Management Office who would know the 13 answer to that question?
14 A.
I would doubt it.
I would doubt se 15 because -- remember that this process is of 16 relatively recent vintage over the last several 17 years.
18 There are an awful lot of communities 19 in New York State that all need emergency planning 20 of some sort or 7"other, or some purpose or 21 another, and I doubt if anyone is tracking all of 22 them, only the ones we may be responsible for in a 23 given year.
24 Q.
Who within the State Emergency 25 Management Office is responsible for providing DOYLE REPORTING, INC.
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1 26 DeVito 2
assistance to local governments with respect to 3
these broad-based disaster preparedness plans?
4 MR. LANPHER:
I obj ect.
5 I think your question assumes facts 6
that he did not testify to.
7 Q.
Can you answer the question?
8 A.
Be a little more specific.
I am I
9 trying to give you as concrete an answer as I can 10 get but 11 Q.
Well, let me ask you, is there anyone 12 in the State Emergency Management Office who is 13 responsible for providing state assistance to
)
14 local governments in preparing the broad-based 15 local disaster preparedness plan?
16 A.
In the final analysis, I would be.
17 After all, while one might be able to delegate 18 authcrity, you cannot delegate responsibility.
19 So in the final analysis, I am 20 responsible for that, but I dt. have a st af f and 21 planning section that is engaged in those types of 22 activities.
23 Q.
Who within the planning section is 24 engaged in those types of activities?
r 5
A.
There are a number of peoP le, about r
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seven or eight at this point.
3 Q.
Could you give me the names of those 4'
people, to the best of your recollection?
5 A.
My section chief is one Richard 6
Herskowitz.
He is my chief of planning.
I would 7
depend upon him to advise me as to what activities 8
had taken place in any given year and what the 9
status of those might be in any given year.
10 But let me point out that having said 11 that, that the final responsibility, nonetheless, 12 rests with the local community.
It is, after all, 13 to be a community plan.
14 All we might provide is the broadest 15 guidance and assistance with respect to what ought 16 to be in the plan and how you might structure it, 17 and that guidance, in turn, flows from federal 18 documentation.
19 As I indicated earlier, these are 20 federally funded programs and the string, of 21 course, from the federal side, is to comply with 22 ccrtain broad-based guidance that they make 23 available.
That is essentially the way the 24 process works.
25 Any community can refuse to DOYLE REPORTING. INC.
1 28 DeVito 2
participate or Participate at some other level, 3
should they so choose.
4 That's why I say, if you have a 5
specific local government plan in mind or a 6
specific community in mind, that they would be the 7
enes who would be in a better position to answer 8
that type of a question than anyone at the state 9
level.
10 Q.
"They," meaning the local government?
11 A.
Meaning the local, that you may be 12 concerned about.
13 Q.
When you refer to federal guidance, 14 are you referring to guidance from the Federal 15 Emergency Management Agency?
16 A.
That's correct.
17 Q.
Mr. DeVito, can you describe for me 18 generally your experience with emergency planning 19 and disaster preparedness planning?
20 MR. LANPHER:
I obj ect.
Overbroad.
21 A.
I would have to agree.
I thought 22 I
23 MR. LANPHER:
Don't respond to my i
24 obj ect ions.
25 MR. ZAHNLEUTER:
Wait a minute.
Can DOYLE REPORTING, INC.
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29 DeVito 2
you narrow your question, please?
3 MR. SISK:
I am j ust attempting to 4
establish the witness' experience with 5
emergency planning.
6 MR. ZAHNLEUTER:
Is this for all 7
time?
Do you want to limit it, what his 8
career with --
9 MR. SISK:
I am asking for a general 10 description at this point of this witness' 11 experience.
12 MR. ZAHNLEUTER:
Can you answer the 13 question, Mr. DeVito?
14 A.
I am, of course, the director of an 15 agency of an organization that engages in 16 emergency planning.
That doesn't mean that I get 17 involved in the minutia of plans.
I j ust don't 18 have the time for that, even if I had the 19 inclination.
20 So my experience is that of managing 21 that, of those who have to deal with whatever 22 details might be attendant to whatever Plan for 23 any purpose.
24 Q.
Mr. DeVito, have you had experience 25 with actually responding to an actual emergency?
DOYLE REPORTING, INC.
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A.
Yes.
3 Q.
Could you describe those experiences 4
for me?
5 MR. LANPHER:
I will obj ect.
6 Irrelevant.
7 Q.
I will confine it to the time during 8
which you have been the head of the State 9
Emergency Planning Management Office.
10 MR. LANPHER:
Same obj ect ion.
- Also, 11 it's overbroad.
I think you should narrow 12 it to the specific kinds of emergencies 13 which are at issue here.
14 MR. SISK:
I prefer not to narrow 15 the question in that fatnion.
16 Q.
Can you answer the question?
17 A.
The State of New York has been 18 involved in a number of responses to a number of 19 incidents of various types since I have been 20 director, and that is the organization to whom it 21 involves the responsibility to coordinate 22 activities.
I have been involved in a number of 23 events.
24 Now to focus on how many, I don't 25 have that kind of specific recall, but to focus on DOYLE REPORTING, INC.
31 DeVito 2
any specific number, you would have to indicate 3
what you mean by events.
4 For example, there have been seven 5
presidential disaster declarations to which we 6
have responded to.
There are I don't know how 7
many other incidents over six years to which we 8
have had to respond.
That would have to take some 9
chrcking back of the records.
10 Q.
Were you involved in the response to 11 Hurricane Gloria in 19857 12 A.
Yes.
13 Q.
Can you describe for me your 14 experience in responding to that emergency?
15 MR. ZAHNLEUTER:
I would like to 16 obj ect on grounds of relevancy because 17 Hurricane Gloria is not relevant to an 18 emergency at the Shoreham nuclear power 19 plant.
20 I would ask also for a clarification 21 of response, as you use it in your 22 question.
23 Q.
Can you answer the question, Mr.
24 DeVito?
25 A.
What is the question again?
DOYLE REPORTING, INC.
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Q.
Well, the question is, can you 3
describe for me your experience in responding to 4
Hurricane Gloria and with counsel's obj ection 5
noted?
6 MR. ZAHNLEUTER:
Well, my obj ection 7
is based on relevancy.
8 I will allow fir. DeVito to answer.
9 Nevertheless. I still seek a clarification 10 of what you mean by response.
11 Q.
Can you answer the question?
12 A.
Part of the dilemma in developing a 13 full and complete answer to the question, to a 14 question such as that, turns on how do you define 15 "response"?
At what point are you engaged in a 16 response activity as opposed to a preparation 17 activity?
18 I f, by response, you mean me 19 personally, when did I do some specific action 20 with respect to the area impacted, you could' carve 21 that out of almost any period of time.
22 For example. I don't remember the 23 dates now, other than that it was in October of 24
'85, as I recall, within hours of the advent of 25 the hurricane itself.
I was still in Albany.
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felt that my place was out on Long Island with my 3
people, so I departed the Albany headquarters 4
sometime in the morning of whatever day it was, 5
and I would have to refer back to the record for 6
this.
7 Q.
This was shortly after the hurricane 8
had Passed?
9 A.
No, this was while the hurricane was 10 still threatening, hours before it struck the 11 area.
12 I proceeded then to Long Island.
My 13 timing was not exactly the best because I engaged 14 Gloria enroute and had a rather unique experience 15 of driving for about a half hour or so in the eye 16 of the hurricane itself, then arriving at the 17 state office building in Long Island in Suffolk 18 County where I took command, if you will, of the 19 State Emergency Management Office resources that 20 were there to deal with the onslaught of the 21 hurricane.
22 So if that's what you mean by saying 23 how did you respond, well, that illustrates at 24 least a physical action which I undertook.
25 Now, obviously, there are other DOYLE REPORTING, INC.
1 34 DeVito 2
related types of activities Preceding and 3
following the hurricane, again depending upon what 4
you mean by response, that could all be brought 5
into that response.
6 Q.
I think you have answered the 7
question I intended to ask.
Let me follow up.
8 Can you tell me where is the office 9
in Suffolk County that you referred to, the SEMO 10 office?
11 A.
There is no SEMO, and I will probably 12 use'that acronym from time to time, but there is 13 no SEMO office in Long Island.
14 What we did was we went to the state 15 office building there in Hauppauge and operated 16 out of there.
17 Q.
Was that a local emergency operation 18 center for the purpose of that response?
19 A.
No.
We have no emergency operation 20 center on Long Island.
21 Q.
Can you describe for me, in your own 22 words, the activities that were undertaken at that 23 office at that time?
24 MR. ZAHNLEUTER:
I obj ect to l
25 Hurricane Gloria questions and I will enter i
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a continuing obj ection to save time but, 3
Mr. Sisk, it's not a relevant inquiry and 4
we do have a limited amount of time.
1 5
Q.
Can you answer the question?
6 A.
Which was again?
~,
7 Q.
Can you give me a general description 8
of the activities that were carried out at the 9
state office building in Hauppauge at that time?
10 MR. LANPHER:
You mean after Mr.
11 DeVito arrived there?
12 Q.
After he arrived, yes.
13 A.
Well, it was very clear early on that 14 the maj or problem in the af termath of Hurricane 15 Gloria was the extraordinary loss of power on the 16 Island.
17 Unfortunately, it appeared that the 18 system for providing electrical power on the 19 Island was extremely vu'1nerable and Hurricane 20 Gloria demonstrated that by devastating the 21 system.
22 I seem to recall numbers around 23 800,000 customers without power.
The Problem, of 24 course, with this is customers mean more than your 25 home or mine.
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The end result was that most of our 3
activities, post-Gloria impact, was in attempting 4
to assist people in communities that had their 5
power disrupted because of the collapse of the 6
system.
7 Q.
Were there members of the staffs of 8
other state agencies at that location at that time 9
in the state office building on Long Island?
10 A.
Well, of course, it's a state office 11 building, so there are other state agencies there.
12 Q.
I mean specifically involved in that 13 emergency response?
14 A.
As we moved through the Period in the 15 af termath of the hurricane, we did rely on other 16 state agencies, because we are a very small 17 organization, to assist us in our efforts to 18 assist those who were experiencing difficulties 19 because of the extraordinary power outage.
20 Q.
What other state agencies were 21 involved?
22 A.
Oh, I couldn't recall them all, but I 23 can remember a person from the Health Department.
24 The state police were involved.
We had some J
25 assistance from the Department of State and DOYLE REPORTING. INC.
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37 DeVito 2
others.
For the raost Part, the DPC members.
3 Q.
Did you direct the state's activities 1
4 from that location in responding to that even:7 5
MR. LANPHER:
Could I ank for a 6
clarification?
Do you mean he, personally, 7
or did the state?
8 Q.
No, I am asking whether Mr. DeVito 9
did.
10 A.
Keeping in mind that the emergency 11 management system, the public safety system for 12 the state begins with the governor and then from 13 him passes through his chairing of the Disaw,ter 14 Preparedness Commission, and understanding then 15 that I only act as an agent for that body as the 16 state coordinating officer, within those 17 limitations, I directed, insofar as I was 18 empowered to do so, those resources that were made 19 available to me to deal with this extraordinary 20 situation.
21 Q.
In that circumstance, would it be 22 accurate to say that you report directly to the 23 chairman of the DPC7 24 A.
That's correct.
25 Q.
Is that true generally in responding DOYLE REPORTING, INC.
1 38 DeVito 2
to emergencies, all types that are within the 3
responsibility of the State Emergency Management 1
4 Office?
I 5
MR. LANPHER:
Are you including 6
nuclear power plant radiological 7
emergencies in your question?
8 Q.
I am asking about those emergencies 9
that are within the responsibility of the State 10 Emergency Management Office.
i 11 MR. LANPHER:
I obj ect to the 12 question because you have not established 1
13 what emergencies are within his 14 responsibilities.
15 I think the question is vague.
16 Q.
Can you answer the question?
17 A.
Setting aside the new power plant 18 industry situation, as a matter of procedure my 19 operational chain of command would be to the 20 chairman of the Disaster Preparedness Commission.
1 21 Q.
And that would be with respect to --
22 again, setting aside nuclear power plant 23 emergencies -- that would apply to any emergency 24 for which the State Emergency Management Office is 25 responsible?
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A.
No, because you had -- the state 3
system calls for the designation of a state 4
coordinating officer when a disaster occurred and 5
is so declared by the governor.
6 In that kind of eventuality, it is 7
possible.
As a matter of fact, it has occurred in 8
the Past where some other official in some other 9
state agency would be designated as the state 10 coordinating officer.
11 My responsibility thss would be to 12 assi'st that person in the conduct of his or her 13 activities with respect to the response, whatever 14 the response would be.
15 Q.
Is the st ate coordinating of ficer 16 designated by the chairman of the Disaster 17 Preparedness Commission?
18 A.
That is the normal procedure.
19 Q.
At the time of the events you 20 described with respect to Hurricane Gloria, was 21 Dr. Axelrod the chairman of the DPC in Albany?
22 A.
Fundamentally, yes, but he did come 23 down to the area on more than one occasion.
24 Q.
So he was in Suffolk County part of 25 the time and in Albany part of the time?
1 1
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40 DeVito 2
A.
Yes, although the preponderance of 3
his time obviously was in Albany, as I rece11.
4 Q.
How did you make any communications 5
with him when he was in Albany?
6 A.
Well, again, you would have to be 7
sp.scific.
8 Q.
Did you have a direct phone line to 9
Dr. Axelrod in Albany?
10 A.
No.
That's part of the problem I am 11 trying to get at here.
These are too general.
12 You are trying to get me to respond too much to 13 broad issues here.
14 For examP e, this business of how did l
15 you communicate would be determined by a pahticular day.
I mean I arn not exaggerating.
On 16 17 one given day, the only thing that might have been 18 available to me would be a high frequency radic to 19 Albany, assuming that I could get through.
And 20 then someone in Albany would have to make the 21 necessary telecommunication linkage by phone.
22 On other days, we had phones 23 available to us, so I could obviously call him 24 directly.
)
25 So you would have to, you know, it DOYLE REPORTING. INC.
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1 41 DeVito 2
would depend on when and what particular l
3 circumstances.
The system is not a dedicated 4
system and telephone lines get loaded.
5 Q.
Can you describe for me the telephone 6
system that you did use, at least, for some of 7
those communications?
8 A.
Whatever.
9 MR. LANPHER:
I have a continuing 10 obj ect ion on relevancy grounds.
11 Q.
Just a commercial telephone?
12 A.
Whatever system exists within the 13 state of fice building there on Long Island at 14 HauPPauge.
15 Q.
Well, does that involve any special 16 numbers, or is that j ust like dialing over a 17 regular commercial telephone?
18 A.
No.
The state has a special system 19 that requires a particular access code and all 20 that kind of thing.
21 Q.
What is that system called?
22 A.
I don't know what it was called then.
23 I know it's now LINCS, L-I-N-C-S, if my memory 24 serves me right, whatever that acronym stands for.
25 Q.
And that system is installed at the l
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utate offices in Hauppauge?
3 A.
3 am no expert in the 4
telecommunications system with the State of New 5
York.
6 Q.
I understand.
I am not asking for 7
that 8
A.
I don't know what specific system 9
they had in this building, other than more often 10 than I was comfortable with, it didn't work, so 11 whatever it was --
12 Q.
When you say you used a high 13 frequency radio at times, was that a radio that was maintained in the state office building when 14 15 you arrived there?
l 16 A.
No.
i 17 Q.
Is that something you brought with 18 you?
19 A.
Well, that 's something that we 20 dispatched down, but it didn't physically go with 21 me.
22 Q.
It was dispatched from where?
23 A.
From Albany.
24 Q.
And that equipment is maintained by
)
25 the State Emergency Management Office?
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43 DeVito 2
A.
That is correct.
3 Q.
Who, in Albany, are you able to 4
contact via that radio?
5 A.
It would be my State Emergency 6
Operations Center in Building 22.
7 Q.
And that office, in turn, would relay 8
the communications to the Disaster Preparedness 9
Commissioner?
10 A.
Well, whomever.
11 Q.
Whoever you needed to speak with?
12 A.
Yes.
13 MR. SISK:
Let the record show that 14 the deponent is conferring with his 15 counsel.
16 MR. LANPHER:
And let the record 17 show it's proper.
18 MR. ZAHNLEUTER:
I will insist on my 19 right to confer with my client at any time 20 I wish.
21 MR. SISK:
Very well.
22 Q.
Mr. DeVito, can you describe for me 23 the deputies within the State Emergency Management 24 Office who work directly for you?
25 I believe you described some of those DOYLE REPORTING. INC.
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44 DeVito 2
people earlier.
3 MR. LANPHER:
I obj ect on relevancy 4
grounds.
5 Q.
Who are your other -- and I want you 6
to put it in your own words with your own 7
titles -- but who are your chiefs of staff?
8 A.
Well, I have no deputy at the present 9
time.
That position remains vacant.
10 But I do have sections and each 11 section has a purson in charge of that function 12 area responsibility.
So I have a chief of 13 planning to whom I already referred.
14 There is a training chief.
There is 15 a section that we identify as technical resources 16 communications section and an administration 17 section.
18 Q.
Can you give me the names of the 19 heads of those sections?
20 A.
The communications chief is one Bruce 21
- Houston, H-o-u-s-t-o-n.
22 The technical resources chief is one 23 Lee Battes, B-a-t-t-e-s.
24 The administrative chief is one John 25 Agostino.
A-g-o-s-t-i-n-o.
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I mentioned Planning already.
Whom 3
did I leave out?
4 Training is one Les Radford, 5
R-a-d-f-o-r-d.
6 I believe that covers them all.
7 Q.
Are you familiar with a gentleman 8
named Anthony Germano. G-e-r-m-a-n-o?
9 A.
Yes.
10 Q.
What is his position?
11 A.
Mr. Germano functions essentially as 12 a enief of staff type person, one who coordinates 13 the workload requirements and correspondence, that 14 sort of thing.
He is not a section head, however.
15 Q.
Is he within one of the sections or 16 does he report directly to you?
17 A.
Well, for the purposes of daily 18 activity, he reports directly to me.
19 Q.
Does the State Emergency Management 20 Office have local offices?
21 A.
No.
22 Q.
Does it have regional offices?
23 A.
Yes.
24 Q.
Is there a regional office lo ated in 25 Suffolk County?
DOYLE REPORTING. INC.
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A.
No.
3 Q.
Is there an employee of the State 4
Emergency Management Office located anywhere in 5
Suffolk County?
6 A.
No.
7 Q.
Is there a regional office that is 8
responsible for emergency responses within your 9
office'q j urisdict ion in Suffolk County?
10 A.
Uh-huh.
11 Q.
Is there a regional office located in 12 Poughkeepsie?
13 A.
There is a district office.
14 Q.
District office?
15 A.
In Poughkeepsie.-
16 Q.
What's the difference between a 17 regional office and a district office?
18 A.
Well, there are six district offices, 19 each responsible for specified geographic areas of 20 the state.
A region encompasses two districts.
21 Q.
Is Suffolk County encompassed within 22 any of these regions or districts?
23 A.
No.
24 Q.
Who heads the district office at 25 Poughkeepsie?
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A.
The position is vacant at the present 3
time.
4 Q.
Who is running that office while the 5
position is vacant?
6 A.
I have a person who is seat of a 7
program administrative person who taket6 care of 8
things within her area of responsibility.
9 Q.
And who is that?
10 A.
That is one Barbara Porter, 11 P-o-r-t-a-r.
12 Q.
How many --
13 A.
I also -- well, she handles the 14 district activities or the regional activities 15 there.
16 Q.
How many employees are located at the 17 district office -- at that district office in 18 Poughkeepsie?
19 A.
Let's see, there is one -- Porter.
20 There is a secretary and there is one other 21 person.
That person is my New York City Long 22 Island liainon officer.
l 23 Q.
Who is that?
i 24 A.
That's one Luciano Salamone, 25 S-a-1-a-m-o-n-e.
l 4
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Q.
Did you say he was your Long Island 3
liaison officer?
4 A.
That is correct.
5 Q.
What does that title include?
What 6
are his responsibilities?
7 A.
The City of New York, Nassau County 8
and Suffolk County.
9 Q.
And is he therefore responsible for 10 maintaining liaison with Suffolk County officials?
11 A.
Yes, in the Suffolk County Emergency 12 Management Office.
Whatever that title is.
13 correct title.
14 Q.
Are you familiar with a Mr. Regan?
15 A.
Yes.
16 Q.
Can you tell me what his position is, 17 to your knowledge?
18 A.
He works in Suffolk County.
I am not 19 sure exactly what his title is, because I am not 20 sure what their organization's construction is 21 with respect to emergency management.
22 Q.
To your knowledge, is he within the 23 Suffolk County Emergency Planning Office?
24 A.
Again, I don't know what titles they 25 use, and I don't know specifically how they are DOYLE REPORTING. INC.
1 49 DeVito 2
constructed, but he does work in the Emergency 3
Management Office, to my knowledge.
4 Q.
So is he one of the people with whom.
5 I believe it was Mr. Salamone, who maintains 6
liaison on behalf of the State Emergency 7
Management Office?
8 A.
Yes.
9 Q.
Let me j ust ask one more question.
10 Mr. DeVito, what role does the State 11 Emergency Management Office play in responding to 12 radiological
- emergencies at commercial power 13 plants in New York other than Shoreham?
14 MR. ZAHNLEUTER:
Obj ect ion s two 15 grounds.
One is relevancy, because other 16 nuclear power plants are not relevant to 17 the inquiry in this proceeding dealing with 18 Shoreham.
19 Also I obj ect to your question 20 because it is vague in that it asks for a 21 response, 4.nd the word itself is undefined 22 by you in your question and it hadn't been 23 defined in today's deposition, so that word 24 is vague and subj ect to interpretation and 25 misinterpretation.
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Q.
Can you answer the question?
3 A.
I would have to know what you meant 4
by respond.
1 5
For example, if someone asked me to l
6 prepare a piece of correspondence and I did so. I 7
would be responding.
And in another sense, if 8
someone asked me to go from A to B.
I would be 9
responding.
So I don't know exactly what you 10 mean.
11 Q.
Let me ask it this way.
12 What would be the responsibility o4 13 the State Emergency Management Office, if any, in 14 responding to a radiological emergency at a 15 nuclear power plant in the State of New York other 16 than Shoreham?
17 MR. ZAHNLEUTER:
Well. I obj ect.
18 That's exactly the same question that you 19 j ust asked before and I have the same 20 obj ect ions.
21 A.
And I have the same problem.
22 Q.
What would the State Emergency 23 Management Office do, if anything, in the event of 24 a radiological incident at a nuclear power plant 25 in the State of New York other than Shoreham?
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MR. ZAHNLEUTER:
I have a continuing 3
obj ect ion to all of these questions about 4
other nuclear power plants besides 5
Shorcham.
6 MR. LANPHER:
I have a further 7
obj ection to what you j ust asked, Mr. Sisk.
8 You have not defined what you mean by 9
incident.
I believe there could be a wide 10 range of various things that are 11 encompassed within that term.
12 Q.
Can you answer the question?
13 A.
Well, absent any specific outline as 14 to what precisely you have in mind. I could only 15 respond in the broadest sense to say that the 16 activities of my office would be directly related 17 to requirements established by the Radiological 18 Emergency Preparedness Group of the State of New 19 York.
20 Q.
Does that mean that your office's 21 role, if any, in the event of a radiological 22 accident in a nuclear power plant other than 23 Shoreham, would be determined by the State 24 Radiological Emergency Preparedness Group?
25 A.
Within the context of very specific i
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requirements established in site-specific plants.
3 Q.
And would that be at the direction of 4
the chairman of the Disaster Preparedness 5
Commission?
6 MR. LANPHER:
Can I ask for a 7
clarification?
What do you mean by would 8
that be?
I don't understand what you mean 9-by that.
I think the question is vague.
10 MR. BISK:
I am ref erring to the 11 witness's previous answer.
i 12 Q.
Can you answer the question?
13 A.
In the context of what you said, it 14 might, it might not brs.
15 Your assumption appears to be tha.t 16 certain specific players will be in certain 17 specific positions with certain specific 18 responsibilities, and what I am trying to tell you 19 is that is not always the case, and to accommodate 20 that, very npecific plans have been developed to 21 outline very specifically what individual 22 organizations and their staffs will do under very 23 specified circumstances, so I can't give you an 24 absolute response without knowing what precisely 25 are wa talking about.
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Q.
Are these procedures that you are 3
referring to set forth in the New York State l
4 radiological emergency preparedness plan and it3 J
5 appendices?
6 A.
What do you mean by appendices?
l 7
Q.
Up to and including the local plants.
l 8
A.
To my knowledge, there is a 9
Sundamental generic plan and there are very 10 specific plans for precise locations and precise 11 circumstances that are tailored to those specific 12 locations, and all of those constitute the state 13 plan.
14 Q.
And do those plans, as you have j ust 15 described them, sat forth the role of the State 16 Emergency Management Office in the event of a 17 radiological accident at a nuclear power plant in 18 the State of New York?
19 A.
I have not reviewed those documents 20 in son.e time.
As I indicated earlier. I at 21 present don't have a deputy on board.
The demands 22 on my time are great, so I have not been involved 23 in anything associated with the plan review for a 24 rather extended Period of time.
But as I 25 recollect, there are some specific requirements I
1 l
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for State Emergency Management Office.
What they j
3 are, I am not prepared to define, without 4
reference to a document.
1 5
(Recess taken) l 6
BY MR. SISK:
7 Q.
Mr. DeVito, have you ever been 8
involved in responding to an actual radiological 9
emergency at any nuclear power plant in the State 10 of New York?
11 A.
No.
12 Q.
Have you been involved in any 13 exercises of any radiological emergency plans for 14 any nuclear power plant in the State of New York?
15 A.
Yes.
16 Q.
Which exercises have you been 17 involved in for which?
18 MR. LANPHER:
Dennis, I will have a 19 continuing obj ection on this line.
20 MR. SISK:
0.K.
21 Let me shorten this for a moment.
I 22 understand it is the position of both 23 governments that any questions relating to l
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1 55 DeVito 2
disasters other than radiological 3
emergencies are not relevant, and I will 4
stipulate to that for the record.
I think 5
it is understood in the interest of time.
6 MR. ZAHNLEUTER:
And exercises are 7
included in that from my perspective and I 8
think I already entered a continuing 9
obj ect ion.
10 MR. SISK:
I understand that.
They 11 are preserved, in any event.
12 Q.
Can you answer the question?
13 A.
We have a question on the table?
14 Q.
D.K.
Can you tell me which 15 exercises --
16 A.
I got fasinated with the repartee 17 that was going on here. I forgot why we are here.
18 Q.
Same question.
Which exercises have 19 you been involved in previously:
That is, 20 exercises for emergency response plans for plants 21 in the State of New York?
22 A.
I apologize, b ut I have no specific 23 recall.
I j ust know that there have been 24 occasions when I have been involved in exercises 25 dealing with specific planned response to an event DOYLE REPORTING, INC.
1 56 DeVito 2
at some facility.
3 Q.
Have you been involved in any 4
exercises for nuclear power plants located outside 5
the State of New York?
6 A.
No.
Not to my recollection.
7 Q.
To your recollection. has there ever 8
been an exercise of any response within the State 9
of New York for the Millstone nuclear power plant 10 in the State of Connecticut?
11 A.
Not to my recollection.
12 Q.
Mr. DeVito, did you have any 13 involvement in the exercise for the Ginna plant 14 that was conducted last fall. the fall of 19877 15 A.
I don't remember.
Last fall, you 16 say?
17 Q.
Yes.
18 A.
I don't remember.
19 Q.
Have you been involved in a number of 20 such exercises. Mr. DeVito?
21 A.
Several.
22 Q.
In connection with those exercises.
23 have you ever been involved in activities at the 24 State Emergency Operations Center?
25 A.
Yes.
l 1
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9 In those exercises generally, what is 3
your role in those exercises on behalf of the 4
State Emergency Management Office?
5 MR. LANPHER:
Mr. Sisk, are you 6
asking for his personal role or SEMD's 7
role?
8 MR. SISK:
Right now his personal 9
role.
10 A.
Generally to make myself available to 11 the Person who is exercising control in the 12 exercise, to provide advice and counsel when and 13 where appropriate as regards any of the activ). ties 14 that would be within the realm of the State 15 Emergency Management Offica.
16 Q.
Does that general'.y involve going to 1
17 the state EOC and being personally involved in the 18 activities at the state EOC during the exercises?
19 A.
It involves going to the state EOC, 20 and within the context of what I described a 21 moment ago, involved in activities.
22 Q.
When you say that you are involved 23 with the person in charge of then exercise, is that 24 generally the chairman of the Disaster 25 Preparedness Commission?
DOYLE REPORTING, INC.
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A.
No.
a 3
Q.
Is it safe to generalize who that 4
person is for most of these exercises?
5 A.
Only in the sense that it would be 6
someorie representing that gentleman.
7 Q.
Someone representing the chairman of 8
the DPC?
9 A.
That's correct.
10 Q.
In some of the exercises, has that 11 role been played by General Papile from the state 12 REPG?
13 A.
I don't specifically recall any 4
14 exercise which I observed or partic1 Pated in in
)
15 wnich that was the case, so I couldn't answer it 16 in an absolute.
I 17 Q.
Is the person in charge generally a 18 person from the state REFG7 19 A.
No.
By in charge, getting back to 20 what I said a moment ago --
21 Q.
What do you mean by "in charge"?
22 A.
What do yot mean by "in charge"?
23 MR. LANPHER:
I obj ect to the 24 quastion.
You used the term. I think 25 MR. SISK:
I apologize, I thought i
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59 DeVito 2
that was in the witness's previous answer.
3 Q.
With whom do yo'J maintain liaison at 4
the state EOC during these exercises?
5 A.
In the ones in which I have been 6
personally involved, it is with the person who was 7
representing the chairman of the Disaster 8
Preparedness Commission.
9 Q.
And you have functioned in the 10 exercises at the direction of that person from the 11 DPC7 12 A.
In response to requirements 13 established by that person that were incumbent 14 upon my office with respect to our role as defined 15 within those site-specific plans, let's say for 16 whatever facility with which we were dealing.
17 MR. SISK:
Off the record for a 18 moment.
19
' Discussion off the record) 20 MR. SISK:
Back on the record.
21 Q.
Mr. DeVito, I am going to hand you a 22 document that I will ask the reporter to mark as 23 Exhibit 3 to this deposition.
24 MR. SISK:
It is a document entitled 25 "State and Local Natural and Manmade DOYLE REPORTING. INC.
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Disaster Preparedness."
I will vouch for I
3 the record that it is a copy of Article 2B 4
of the New York State Executive Law.
5 (Document marked DeVito Exhibit 3 6
for identification, as of this date.)
7 Q.
I will ask the reporter to hand that 8
document to you and then I would like to know 9
whether you can -- whether you are familiar with 10 that document?
11 MR. LANPHER:
The question is 12 whether he is familiar with it, whether he 13 has ever seen it bef or s?
a 14 MR. SISK:
Yes.
15 A.
I have never seen this part icular 16 document before.
17 Q.
Are you familiar with Article 2B of 18 the New York State Executive Law?
19 A.
I am.
20 Q.
And as an official of the State of 21 New York. Mr. DeVito, are you bound by any 22 requirements which may be contained in that law?
23 MR. ZAHNLEUTER:
I obj ect because 24 this question calls for a legal conclusion 25 from the witness.
DOYLE REPORTING, INC.
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MR. SISK:
I will ask for the 3
witness's understanding.
4 MR. ZAHNLEUTER:
That's the domain 5
of counsel and not this witness.
However.
6 Mr. DeVito may answer the question.
7 MR. LANPHER:
I obj ect for the 8
further reason that your question was, are 9
you bound by any particular provisions of 10 this law.
If you would direct his 11 attention to particular provisions, 12 otherwise the witness is going to have to 13 read through the entire law.
14 Q.
Mr. DeVito, my question is, as an 15 official of the State of New York, are you bound 16 by any and all requirements contained in this 17 state law?
18 A.
As a state employee and as my 19 understanding -- my limited understanding of this 20 particular piece of legislation goes, I would 21 assume that I am required to comply with certain 22 provisions of this law, at least those provisions
)
23 that would seem to impact upon my specific areas 24 of responsibility.
25 Q.
Mr. DeVito, I will ask you to turn DOYLE REPORTING, INC.
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62 DeVito 2
quickly to Section 22 of this statute.
Section 22 99 3
Subdivision i states, and I will quote a portion 4
of it. "The commission shall prepare a state 5
disaster preparedness plan and submit such plan to 6
the governor for approval no later than one year 7
following the effective date of this act."
8 MR. S t.SK :
I will vouch for the 9
record that "the commission" refers to the 10 State Disaster Preparedness Commission.
11 Q.
Mr. DeVito, is it your understanding, 12 as the head of the State Emergency Management 13 Office, that this provision requires the 14 preparation of the state disaster preparedness 15 plan to which you alluded earlier?
16 MR. LANPHER:
Same obj ect ion.
17 Calling for a legal conclusion.
Also, are 10 you asking whether this Provision requires 19 SEMO to prepare it or someone other than 20 SEMO7 21 MR. SISK:
I believe my question 22 stated the Disaster Preparedness 23 Commission.
24 MR. ZAHNLEUTER:
I have the same 25 obj ection and we will make it a continuing DOYLE REPORTING. INC.
1 63 DeVito 2
obj ect ion-3 MR. LANpHER:
My obj ection is he is 4
not the Disaster Preparednesu Commission, 5
also.
6 A.
That's the point that I was going to 7
raise.
This says, "The commission shall prepare."
8 That's what it says here.
But again, the 9
commission encompasses a whole host of indices.
10 Q.
In your understanding, as the head of 11 the State Emergency Management Office, is the 12 state disaster prepuredness plan, to which we 13 referred earlier in the deposition, prepared 14 pursuant to this provision of state law?
15 A.
That was done prior to my coming on 16 board, so my response would be an assumption.
I 17 would assume that it was done pursuant to this 18 provision of the law.
19 Q.
When your office revises and updates 20 the state disaster preparedness plan, do you or 21 people in your office make reference to Article 2B
?
22 in making those updates?
23 A.
I don't recall during my tenure as 24 director that we have engaged in specific updates 25 to the document.
That may have been done, but I i
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have no specific recollection of it.
3 Q.
But did you state earlier that that 4
would be a responsibility of your office?
5 A.
It might be a responsibility of my 6
office, depending upon what the commission 7
determined.
8 Q.
So the Disaster Preparedness 9
Commission may delegate all or part of a envision 10 task to your agency, is that correct?
11 A.
That would be an assumption on my 12 part.
13 Q.
Has that ever occurred in your tenure 14 at the State Emergency Management Office?
15 A.
I have no --
16 MR. LANPHER:
I obj ect to that 17 question.
I don't know what you mean by 18 "delegate."
That's a term of legal art.
I 19 don't think this witness is qualified to 20 answer that, Counselor, the question using 21 that term.
22 Q.
Has the State Disaster Preparedness 23 Commission or the commissioner ever requested you 24 to assist in any way with updating the state 25 disaster preparedness plan during your tenure at DOYLE REPORTING, INC.
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65 DeVito 2
SEM0?
3 A.
To my recollection, no.
4 Q.
To your recollection, have tnere been 5
any revisions of the state disaster preparedness 6
plan during your tenure at SEMO?
7 A.
That's what I thought I said a moment 8
ago.
To my recollection, no.
9 This is supposedly a current copy of 10 2.
11 MR. SISK:
I will vouch for the 12 record that to the best of my information 13 and belief, it is.
14 Q.
Mr. DeVito, what types of disasters 15 are covered by the New York State disaster 16 preparedness plan?
and I go 17 A.
There is, as I recall 18 back to something I said earlier, it has been a 19 while since I reviewed any of these plens -- but 20 as I recall, there were a number of disaster types 21 that were specified within the plan.
22 Most, if not the ov'erwhelming 23 preponderance of them, as I recollect, areIrelated 24 to natural phenomena.
25 Q.
Does the state disaster preParerMess i
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plan also cover disasters caused by manmade 3
causes?
4 MR. LANPHER:
Counsel. I didn't 5
hear.
Will you repeat your question?
6 Q.
Does the state disaster preparedness 7
plan also cover disasters caused by manmade G
causes?
9 A.
I hesitate, Counsel, because I am 10 trying to visualize the list in my mind to see if 11 there is anything that I can recall that 12 specifically addresses a -- I don't know why we 13 don't call them personmade. by the way, that's a 14 continuing obj ect ion that I have -- I don' t recall 15 anything specific that says this type of 9
16 nonnatural phenomena or that type of nonnatural 17 phenomena.
18 I apologize for that.
19 Q.
Mr. DeVito, does it include or does 20 that plan cover a plan for e: Avil defense?
21 A.
Not to my ecollection.
j 22 Q.
Mr. DeVito, if you will turn to the 1
23 second page of this exhibit, it is under Section 24 20, Subsection 2A, there is a definition in the 25 statute of "disaster."
I will ask you to briefly DOYLE REPORTING, INC.
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review that subsection defining the word 3
"disaster."
4 To your knowledge as the head of the 5
State Emergency Management OffAce, does the state 6
disaster preparedness plan cover those types of 7
phenomena that are referenced in the definition of 8
disaster in the statute?
9 MR. LANPHER:
You want to know 10 whether each one of those is covered?
11 Q.
Let's start with all.
12 A.
Again. I don't specifically recall, 13 and I apologize for that, but I don't specifically 14
- ecall whether each of these Phenomena are 15 contained in that plan.
The list does look 16 familiar, but I cannot equate it to specific 17 portions of the plan.
18 Q.
Very well.
19 Now I believe you stated earlier, Mr.
20 DeVito, that the state disaster preparedness plan 21 includes local plans for some but n at all 22 localities within the State of New York.
Is that 23 correct?
24 A.
No.
That is not correct and I don't 25 believe I said that.
DOYLE REPORTING. INC.
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Q.
Does the New York State disaster 3
preparedness plan include as part of that plan, 4
any local disaster preparedness plan?
5 A.
To my knowledge, no.
6 Q.
Does'it make reference to any local 7
disaster preparedness plan?
S A.
I am not aware of any reference to 9
any specific local plan.
10 Q.
Do you know whether a local disaster 11 preparedness plan exists for Nassau County?
12 A.
I don'c know.
13 Q.
Do you know whether any local 14 disaster preparedness plan exists for the Town of 15 Brookhaven?
16 A.
I have absolutely no idea.
17 Q.
Is there anyone within the State 18 Emerg.incy Management Office whom you supervise who 19 would know?
20 A.
I doubt if anybody on my staff would 21 be aware of whether or not any town in the State 22 of New York has a plan.
If they did, it would be 23 by accident, not by design.
24 Q.
In there anyone on your staff who I
25 would know rhether a Nassau County plan exists?
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A.
Again, the same kind of situation i
3 would apply with respect to any specific local 4
government plan.
We don't maintain copies unless 5
the locality chooses to share them with us.
i 6
Now, whether those localities that 7
you have referenced have undertaken any such 8
activity that you can characterize as a local 9
government plan or not, I don't know.
10 Q.
Mr. DeVito, I will now hand to the 11 reporter and ask him to mark as Exhibit 4 to this 12 deposition a document which is under cover of a 13 memorandum from James D.
Papile, Director, REPG.
14 It is dated September 1,
1987.
The letterhead'is 15 that of the New York State Disaster Preparedness 16 Commission.
The subj ect of the memorandum is 17 "Revised New York State Plan."
18 And I will ask you to take a look at 19 this document and tell me whether you can identify 20 it?
)
21 (Document marked DeVito Exhibit 4 22 for identification, as of this date.)
23 MR. LANPHER:
Mr. Sisk 24 MR. SISK:
Let me ask the witness if 25 he can identify the entire document.
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Q.
And Mr. DeVito, to save time in 3
flipping through all of the pages. I will j ust ask 4
you to look at the document very briefly.
I will 5
vouch for the record that I believe this is a true 6
and accurate copy of what the document purports to 7
be according to the cover memorandum.
8 Do you have any familiarity with this 9
document at all?
10 A.
Not specifically, no.
11 Q.
Have you ever before seen the New 12 York State radiological emergency preparedness 13 plan for commercial power plants?
14 MR. LANPHER:
Do you mean this 15 version or any version, Mr. Sisk?
16 MR. SISK:
Any version.
17 A.
In the past, I seem to recall 18 reviewing in broad, general terms t document that 19 was referred to as the New York State radiological 20 plan or some such similar type.
21 Q.
Have you ever seen a document 22 entitled "New York State Radiological Emergency 23 Preparedness Plan for Commercial Power Plants" 24 dated Rev. 8/877 25 A.
I don't recall seeing -- I assume DOYLE REPORTING, INC.
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that is this document, and I don't recall seeing 3
this specific document or rev1"wing it.
)
4 Q.
Does the State i nergency Management l
5 Cffice have any role in reviewing or commenting on 6
revisions of the New York State radiological 7
emergency preparedness plan for com?,cr<ini power 8
plants?
9 A.
If any plan calls for any action on 10 the Part of the New York State Emergency 11 Management Office. I would hope that we have a 12 role to play in its review.
13 Q.
Mr. DeVito, I will refer very briefly 14 to your page 1 of the executive summary of this 15 document, which is about five pages into the 16 document that you have been handed.
17 It states, "The New York State 18 radiological emergency preparedness plan has been 19 written to assist in protecting the health and 20 safety of the inhabitants of New York State in the 21 event of an emergency at a commercial nuclear 22 power plant.
The New York State disaster 23 preparedness plan addresses radiological 24 emergencies in general terms, whereas this NYS 25 radioinnical emergency preparedness plan fills in DOYLE REPORTING. INC.
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the specific details.
3 "This plan also contains seven county 4
plans, county and state implementation material 5
and Procedures necessary to carry out adequate 6
protective action responses, should a radiological 7
emergency occur" ~~ "should a radiological 8
emergency at a nuclear power plant occur.
All 9
components of this plan are designed to provide a 10 preplanned coordinated effort by emergency 11 managers."
12 Have I read that correctly?
13 A.
Yes.
14 Q.
Is it correct. Mr. DeVito, that the 15 New York State disaster preparedness plan, as 16 stated in this document, addresses radiological 17 emergencies in general terms?
18 A.
As I indicated to you mar 11er. I heve 19 no specific recollection of each of the conponents 20 of the plan and whether one of those components is 21 radiological.
22 We went over that whole list of 23 things that were identified as possible disasters 24 in the state, and while I indicated that some 25 lists seemed to be somewhat familiar. I couldn't DOYLE REPORTING. INC.
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specifically say that I recalled that that 3
particular plan. New York State disaster 4
preparedness plane has a section that specifically 5
addresses radiological in general terms.
6 This says that it does.
I have no 7
reason to dispute this statement.
8 Q.
Mr. DeVito. I will ask you to turn to 9
ene of the procecures in this document.
It is 10 near the end. Procedure K.
page K-4.
It is about i
11 four-fifths of the way through the bulk of the 12 document.
13 MR. SISK:
I will vouch for the 14 record that page K-1 of this document is 15 entitled. or this portion of the document 16 is entitled "Radic.S.ogical Ingestion 17 Exposure Procedure."
18 MR. LANPHER:
Mr. Sisk. I am 19 confused.
I have haven't found it yet, but 20 right after K-1.
I find page K-22 at one 21 point.
22 MR. SISK:
Off the record.
23 (Discussion off the record) 24 MR. SISK:
We have discovered that 25 there has been a copying problem with 4
L DOYLE REPORTING. INC.
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74 DeVito 2
respect to the order of pages in the 3
document that has been handed to the 4
witness.
The witness has located page K-4 5
to the document.
6 O.
Now Mr. DeVito --
7 A.
Which version of K-4 are we talking 8
about?
9 Q.
It bears a notation in the lower 10 right-hand corner "Rev. 8/87."
11 A.
I have that.
12 Q.
Under Section 3.0 contained on that 13 page, there is a paragraph which states, in part.
14 "Upon confirmation by radiological accident 15 assessment personnel that radiological ingestion 16 is of concern, SEMO will implement procedures for 17 alerting and notification of all potentially 18 affected local governments.
19 "State radiological assessment 20 personnel will provide a listing of those counties 21 within the actual or potentially affected areas 22 and continual status updates.
SEMO will notify 23 Radiological Emergency Preparedness Group, 24 appropriate state agencies who send 25 represetntativtss to the state and the district, DOYLE REPORTING, INC.
1 75 DeVito 2
EOC's and potentially af fected local 3
governments."
4 Mr. DeVito, have you ever reviewed 5
this particular procedure before?
6 A.
I have no specific recollection of 7
having done that, no.
8 Q.
Is that a correct statement of the 9
State Emergency Management Office's duties, as 10 described in that particular passage?
11 A.
It reflects in a general sense 12 activities that we have undertaken in the past.
13 Q.
Referring to two paragraphs below 14 that, the paragraph beginning with the words "In 15 the event," that paragraph refers to the National 16 Warning Sy stem.
It states, "NAWAS provides the 17 capability for simultaneous notification of local 18 governments on the circuit."
19 Mr. DeVito, can you describe for me 20 the National Warning System?
21 A.
Briefly, the National Warning System 22 is a federally designed system for, as the name 23 implies, providing warning to the states from the 24 federal government, the basis for it being 25 national security.
D0YLE REPORTING. INC.
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Q.
Can that system bn employed in the 3
event of a radiological emergency at a nuclear 4
power plant?
5 MR. LANPHER:
Could I have the 6
question read back, please.
7 (Record read) 8 MR. LANPHER:
I would like a 9
clarification.
Are you including the 10 Shoreham nuclear power plant in your 11 question?
12 MR. SISK:
I am including any 13 ruclear power plant located in the State of 14 New York, which would include Shoreham, if 15 necessary.
16 A.
And what was the direct question 17 again?
18 MR. SISK:
Can you read the question 19 back once again.
20 (Record reed) 21 A.
If by that, a nuclear power plant i
22 means any nuclear power plant. I would have to say t
23 no.
24 Q.
Why is that?
25 A.
It could be for any number of l
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reasons:
The most fundamental. I suppose, being 3
that there is no nuclear power plant operational 4
at Shoreham.
5 Q.
If that plant wore operational and 6
there was an accident at that plant. could the 7
National Warning System be employed as provided in 8
this Procedure?
9 MR. ZAHNLEUTER:
I obj ect on the 10 ground that that calls for speculation.
11 There is no basis for that hypothetical.
12 Q.
Technically could it be employed?
13 MR. ZAHNLEUTER:
Technically, I 14 obj ect to that clarification, because there 15 has been no basis or explanation of what 16 techniques you are referring to.
17 Q.
Can you answer the question?
18 A.
Not really, because the National 19 Warning System, as with all other communication 20 systems that we have, is designed to be used in 21 conj unction with a planning or planned ef forts.
22 and there is no plan for that particular 23 contingency that you described.
24 Q.
Now Mr. DeVito, if you will turn to 25 page K-8.
I will rese if we can find it.
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That is also a part of Procedure K.
3 Subpart 7.0 at the top of the page is entitled 4
"Public Information Responsibilities."
5 The next to the last paragraph on the 6
page states. "To provide effective public 7
information releases to the general public, the 8
New York State Emergency Broadcast System. (EBS) 9 can be activated if determined to be necessary.
10 The Primary means for accessing EBS fer 11 dissemination of protective action recommendations 12 will be with the assistance of local accous 13 (county) personnel.
If the EBS cannot be accessed 14 locally or if a large region must be notified 15 simultaneously. SEMO will coordinate the issuance 16 of the message via EBS as appropriate."
17 Now Mr. DeVito, can that procedure --
18 technically, can that procedure be employed in the 19 event of a nuclear accident at the Shoreham plant?
20 MR. ZAHNLEUTER:
I obj ect.
It calls 21 for speculation about Shoreham and I also 22 obj ect to the -- the second t ime, the use 23 of the word "technically."
24 There is no basis in the deposition 25 so far to state what the techniques are.
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Q.
Can you answer the question?
3 A.
I am not a communicator and I don't 4
own or operate a radio station so. technically. I 5
couldn't answer.
6 Q.
Can you answer the question as the 7
head of the State Emergency Management Office.
B whether this system could be employed in the event 9
of a nuclear incident at the Shoreham nuclear 10 power plant?
11 A.
No.
12 Q.
Are you stating it could not?
13 A.
Yes.
14 Q.
Why could it not?
15 A.
Because this system, as is rkflected 16 in a couple of references we have gone into so 17 fari indicates that these are in response to 18 specific plans for specific areas -- I beltuve it 19 said seven of them -- and therefore anything that 20
- oes beyond that parameter couldn' t be done.
21 Q.
Is that because there is no Suffolk 22 County plan for the Shoreham plant?
1 23 A.
That is because there is no plan for 24 the -- as I understand it, for the Shoreham 25 facility.
None.
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Q.
Now, Mr. DeVito, please turn to page 3
K-9.
which is the next Page.
It is a map.
4 I will vouch for the record that it 5
is Attachment 1 to Precedure K.
6 The legend on the map, in the upper 7
left-hand corner, indicates that the area shaded 3
by dots is the 50-mile EPZ around certain nuclear 9
power plants.
10 I will direct your attention to the 11 lower right-hand corner of that map which contains 12 a circle with large dots around the Millstone 13 nuclear power plant located in Connect icut.
14 To the best of your ability in 15 reviewing that map. Mr. DeVito, does that shaded 16 area, which according to the map encompasses the 17 50-m11e EPZ for Millstone, include all or any part 18 of Suffolk County?
19 MR. ZAHNLEUTER:
I obj ect to the 20 question and note that Long Island doesn't 21 even appear on this map.
22 Q.
I believe that counsel's statement is 23 incorrect, but let me ask the witness if he can 24 make out the outlines of the geography of the map.
25 A.
Vaguely, I can see some outlines, DOYLE REPORTING. INC.
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81 DeVito 2
geographic out lines.
3 Q.
Does the 50-mile EPZ for the l
4 Millstone plant encompans. according to this map.
5 all or Part of Suffolk County?
6 A.
If I am to assume that that's the 7
propea location of the Millstone facility, it 8
appears to.
I 9
Q.
To your knowledge, as the head of the 10 State Emergency Management Office, does the 11 50-mile EPZ for the Millstone plant actually I
l l
12 encompass all or part of Suffolk County?
\\
i 13 A.
I have absolutely no idea.
i have l
l 14 had no interaction with the Millstone facility.
(
15 Q.
Mr. DeVito, I now ask you to turn 16 quickly to page K-15.
1 17 A.
Keep going in the opposite direction?
1 18 Q.
Yes.
I 6
f l
19 MR. LANPHER,'
Wait.
20 Off the record.
21 (Discussion off the record) 22 Q.
New again, I will vouch for the l
23 record, this is a page which in the upper 24 right-hand corner says "Attachment 4."
It is 25 to Procedure K of this documer.t.
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1 82 DeVito 2
The title is, "Ingestion Exposure 3
Pathway Alert Notitication Procedure, Indian Point 4
Nuclear Power Plant Sites."
5 It states at the top, "Upon 6
confirmation of an ingestion exposure pathway 7
concern from the Indian Point nuclear power plant 8
sites, the State Emergency Management Office, SEMO 9
headquarters staff will employ the following alert 10 and notification procedure."
11 Mr. DeVito, there is then a chart 12 which on the lower left-hand side contains a box 13 which says "SEMO Southern District."
There is 14 then an arrow down from that Dox to a listing of
=
15 counties.
Within that listing of counties is 16 Suffolk.
17 There is a note at the bottom of the 18 page which says, "The SEMO district offices notify 19 their regional state agency liaisons and other 20 local emergency management offices as 21 appropriate."
22 Now, as head of the State Emergency 23 Managament Office, Mr. DeVito, can you explain to 24 me the notification procedure depicted here and 25 particularly the reference to Suffolk County?
4 DOYLE REPORTING, INC.
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MR. LANPHER:
I obj ect to the e
3 question as calling for speculation.
4 This witness has already testified 5
that he is not intimately familiar with 6
this document.
7 You are asking him to explain this 8
document.
9 Q.
Can you explain it?
10 A.
Only in a very broad sense and by 11 pure speculation, trying to get into the mind of 12 whoever came up with this list.
13 This indicates that the headquarters 14 would contact the district and that the district 15 would contact these various locations, and I have 16 no reason to dispute why they put this in here.
17 As I indicated earlier, I have no 18 facility on Long I innd.
This may have been an 19 oxpedient move but, again, I would be speculating 20 why they did that, as opposed, for example, to 21 calling from some other location.
22 Q.
What is the SEMO Southern District 23 office?
24 A.
That is the facility that you 25 referred to as the Poughkeepsie office.
1 l
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84 DeVito 2
Q.
Does that office encompass within its f
3 j urisdiction all of the counties listed?
4 A.
No.
5 Q.
What is the SEMO -- where is the SEMO 6
headquarters staff located?
7 A.
In Albany.
8 Q.
Now again, Mr. DeVito, this appears 9
to be Attachment 4 to to Procedure..
i will ask 10 you to flip back very briafly to page K-4.
11 page K-4, under portion 3.0, "Alart 12 and Notification," the third Paragraph down 13 states, "Attachments 4, 5 and 6 comprise SEMO's 14 procedures for alert and notification by operating 15 nuclear power plant site for the ingestion 16 exposure pathway."
17 To your knowledge, as the head of the 18 State Emergency Managerant Office, does Attachment 19 4 comprise SEMO's procedures for aler c and 20 notification for the Indian Point nucinar power 21 plant, and I am asking for your knowledge?
l 22 MR. LANPHER:
I obj ect to the 23 question as calling for speculation.
24 Which was Attachment 47 25 Q.
K-4, the one we were j ust referring d
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to.
1 3
A.
As I indicated. I have no reason to dispute what is in this plan.
5 The plan is developed by the 6
Radiological Emergency Preparedness Group and I 7
would have to assume -- in coordination with those 8
agencies affected, including my own, as to why 9
that Particular listing is indics.ced the way it 10 is.
11 I don't know why they did that and 12 for me to conj ure up why at this point in time 13 would be pure speculation on my part.
14 Q.
Mr. DeVito, to your knowledge is 15 there any procedure within SEMO for alert and 16 notification for any ingestion pathway response 17 within Suffolk County for the Millstone plant?
18 A.
To my knowledge, no.
19 Q.
To your knowledge, is there any plan 20 for responding within the ingestion pathway of the 21 Millstone plant, within Suffolk County?
22 A.
To my knowledge, no.
23 Are you asking for a state or county 24 response?
25 Q.
For any plan for any response, d
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whether it's state or county.
i 3
A.
From a state perspective, to my 4
knowledge, no.
5 From a county prospective, you have 6
to talk with the county.
7 Q.
So you don't know with respect to the 8
county' 9
A.
No.
I don't know.
10 Q.
And it is your belief that there is 11 no such state plan?
1 12 A.
I have never seen one and I have 13 never heard one discussed.
14 Q.
So, to your knowledge, has there ever 15 been any training or exercise for such a response?
16 A.
I am not aware of any.
17 (Recess) 18 Q.
Mr. ScVito, to your knowledge, is the 19 State Emergency Management Office involved in any 20 way in training state or local personnel in 21 connection with any radiological emergency 22 response plans for nuclear power plants in the 23 State of New York other than Shoreham?
24 A.
I am not aware that we do any 25 radiologic training specifically to qualify people l
t l
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87 DeVito 2
to deal with a response at a nuclear Power Plant 3
other than Shoreham.
4 Q.
What training activities of state and 5
local personnel does the State Emergency 6
Management Office engage in?
7 A.
Engages in a host of train.ng and 8
awareness activities relating to a variety of 9
issues.
10 We do those sometimes <c.t the request 11 of localities, sometimes by direction from the 12 federal government based upon their -- remember I 13 mentioned that there is that string tied to the 14 funding that's received -- based upon what they 15 have established as their annual requirements, and 16 sometimes based upon in-house analysis as to what 17 is the next level of training that wa should be 18 engaging in.
19 Q.
And is that training funded -- is 20 that training always funded in part by the federal 21 government?
22
$t. LANPHER:
I obj ect.
23 haat training are you referring to?
24 MR. SISK:
The training referred to 25 here in the answer to the previous e
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'2 question.
s 3
MR. LANPHER:
There was a lot of 4
training.
You mean any or all 5
MR. ZAHNLEUTER:
I obj ect to the 6
relevancy of where the funding comes from 7
for this type of training.
8 Q.
Let me ask you, j ust with respect to 9
all of the types of training you referred to in 10 the answer to the previous question, is that 11 training always funded in part by the federal 12 government?
13 A.
To some degree or another, yes.
14 Q.
And to some degree or not, all of 15 that training is also funded in part by the state 16 government. is that correct?
17 A.
Not always.
18 Q.
Not always?
19 Are there occasions when the federal 20 government provides 100 percent of the funding for 21 the training?
22 A.
Yes.
23 Q.
Are there occasions when the local 24 government provides some of the funding for the 25 training?
DOYLE REPORTING, INC.
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A.
I am not aware of any.
s 3
Q.
Mr. DeVito, I will now hand to the 4
reporter and ask him to mark, I believe Exhibit 5 5
to this deposition, a document entitled, "County 6
of Suffolk, Disaster Preparedness Plan."
It is 7
dated January 1,
1981 and contains, at the bottom 8
of the first page, the title "William E.
Regan,"
9 R-e-g-a-n, "Director, Department of Emergency 10 Preparedness."
11 I will ask if you have ever seen this 12 document before?
13 (Document marked as DeVito Exhibit 5 14 for identification, as of this date.)
15 MR. LANPHER:
Mr. Sisk, was the 16 question whether he has ever seen this 17 document before?
18 MR. SISK:
Yes.
19 MR. LANPHER:
Thank you.
20 A.
I have no recollection of ever having 21 seen this document.
22 Q.
Mr. DeVito, have you ever seen a 23 document, any document, to the best of your 24 recollection, which purports to be a disaster 25 preparedness plan for Suffolk County?
DOYLE REPORTING, INC.
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A.
No.
i 3
Q.
Mr. DeVito, I will now hand to the 4
reporter a document entitled, "Civil Defense Basic 5
Emergency Plan for Suffolk County and Its 6
Townships and Villages, New York."
7 I will ask you to tell me if you have 8
ever seen that document beforo.
I believe that's 9
Exhibit 6.
10 (Document marked as DeVito Exhibit 6 11 for identification, as of this date.)
12 Q.
Mr. DeVito, have you ever seen that 13 document before?
s 14 A.
No, I have absolutely no recollection 15 of it.
16 Q.
Have you ever, to the best of your 17 recollection, ever seen a document which purports la to be a civil defense plan for Suffolk County?
19 A.
No.
20 Do you have a date on this plan, 21 Counselor?
22 Q.
I'm sorry?
23 A.
Do you have a date on this plan or a l
24 time frame?
25 Q.
As it appears on the document.
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2 Mr. DeVito, I will now hand to the
\\'
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repor*ter a document which I will ask him to mark l
4 as Exhibit 7 to this deposition.
5 It is under cover of a letter dated 6
'Dacember 29, 1986 with the letterhead of the Town 7
of Brookhaven, New York, Department of Public 8
Safety.
It purports to be a cover from the 9
Commissioner of the Department of Public Safety 10 for the Town of Brookhaven.
11 The document itself, on page 2.
is 12 entitled, "Town of Brookhaven, New York, Emergency 13 Preparedness Basic Plan."
14 I will ask you to tell me whether you 15 have ever seen this document before.
16 (Document marked as DeVito Exhibit 7 17 for identification, as of this date.)
18 Q.
Have you evor seen that document 19 before?
20 A.
No.
21 Q.
Have you, to the best of your 22 recollection, ever seen a document purporting to 23 be an emergency preparedness Plan for the Town of l
24 Brockhaven?
25 A.
No.
l l
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1 92 DeVito 2
Q.
That's all for the moment on that 3
exhibit.
4 Mr. DeVito, are you aware of the 5
existence of a radiological emergency preparedness 6
plan for the Shoreham plant that was prepared by 7
the Long Island Lighting Company?
8 A.
No, other than -- let me clarify.
9 I know what I read in the newspapers 10 and I know what I see referenced in other 11 documents, but I am not aware of any plan.
12 Q.
Have you ever seen a copy of that 13 plan?
14 A.
No.
15 Q.
Has anyone in your office reviewed 16 that Plan?
17 A.
No,,
18 Q.
Have you ever had any discussions 19 with anyone with regard to whether your office 20 should or should not review that plan?
21 A.
No.
22 Q.
I take it, then, that to the best of 23 your knowledge, no one within the State Emergency 24 Management Office has a copy of the LILCO plan for 25 Shoreham?
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1 93 DeVito 2
A.
That is correct.
3 Q.
Now let me ask you a hypothetical, 4
Mr. DeVito.
5 I want you to assume the following 6
facts:
The Nuclear Regulatory Commission has 7
issued a license for full power operation of the 8
Shoreham nuclear power plant.
The NRC has issued 9
that license based on its approval of the LILCO 10 plan.
The NRC's decision to issue the license has 11 been upheld on appeal in the courts.
12 The Shoreham plant is in operation.
13 An emergency occurs.
LILCO has notified the 14 chairman of the State Disaster Preparedness 15 Commission that an accident has occurred and LILCO 16 has recommended evacuation of the 10-mile 17 emergency planning zone around Shorehans.
18 Now, finally, the chairman of the 19 Disaster Preparedness Commission has instructed 20 you to respond to the best of your capability, 21 using all the resources and agencien available to 22 you to protect the public health and safety.
d 23 Mr. DeVito, assuming those facts, can 24 you tell me what you would do?
25 MR. ZAHNLEUTER:
Now, I have several DOYLE REPORTING, INC.
1 94 DeVito l
2 obj ections to this hypothetical.
3 The first one is that the 4
hypothetical is improper because it assumes 5
facts that are not in issue and it assumes 6
facts that have been not yet approved.
For j
7 e x ainp l e, the NRC approval of the LILCO plan 8
has not occurred, so that fact does not 9
exist.
10 Similarly, the hypothetical assumes 11 that the chairman of the Disaster 12 Preparedness Commission has been notified 13 by LILCO.
That fact has no basis in the 14 record.
The assumption is unfounded.
~
15 There are other similar defects in 16 this hypothetical.
17 I also obj ect because the 18 hypothetical contains vague terms.
One 19 such vague term was that an emergency 20 occurrud without a definition of the kind 21 of emergency.
22 The hypothetical is so vague that it l
23 is impreper and can't bw answered.
24 Also, the word "you" appeared in the l
25 hypothetical.
I am not cleat
- if that means 1
I I
l.
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95 DeVito 2
Mr. DeVito as a person, as a professional, 3
as a director of SEMO.
You might mean 4
SEMO.
That's another example of how the 5
hypothetical is too vague to be properly 6
answered.
7 So I obj ect on all those grounds.
8 BY MR. SISK:
9 Q.
Let me clarify the hypothetical to 10 this extent, Mr. DeVito.
11 By "you,"
I mean you, Mr. DeVito, as 12 the director of the State Emergency Management 13 Office and in that official capacity.
14 Can you answer the question?
15 MR. ZAHNLEUTER:
Nevertheless, my 16 obj ect ion still stands on numerous 1
17 assertions that I have already made.
i 18 MR. LANPHER:
I would like the 19 record to note that I j oin in the 20 obj ect ion.
21 I think there are additional bases 22 to obj ect.
Also, that it hasn't been 23 established that it would be a normal 24 normal in any sense, that the chairman of 25 the DPC -- I Suess you are ref erring to Dr.
DOYLE REPORTING. INC.
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96 DeVito Axelrod -- would turn to SEMO to direct 2
3 some response in this situation.
4 Q.
Can you answer the question, Mr.
5 DeVito?
6 A.
No, I can't, Counselor.
7 With all due respect, you have 8
constructed for me not one, but a whole series of 9
hypothetical situations and you are asking me to 10 speculate on a whole series of hypotheticals 11 without the benefit of any preplanned concept to 12 deal with that whole series of hypotheticals, and 13 founded on the basic premise that I don't accept, 14 and that is, the plant would be licensed.
15 So anything I do would be pure 16 off-the-wall speculation.
17 Q.
Mr. DeVito, can you tell me what 18 resources -- and by that I mean departments, 19 agencies, personnel -- within the State of New 20 York, what resources could be employed to respond 21 to such a radiological emergency if the chairman 22 of the Disaster Preparedness Comfnission directed 23 that they being employed?
24 MR. ZAHNLEUTER:
I wish to obj ect 25 again.
Make it a continuing obj ection, I DOYLE REPORTING. INC.
1 97 DeVito i
2 guess, if you persist in asking questions 3
based on this hypothetical.
4 But this question has now introduced 5
new terms which are vague.
I think the 6
term "resources" and the term "response" 7
has need of further clarification.
8 Q.
Can you answer the question, Mr.
9 DeVito?
10 A.
Again, absent a plan for the purpose, 11 I have absolutely no idea what resource might be 12 called upon to be utilized under a whole host of 13 circumstances.
14 Q.
Now Mr. DeVito, the circumstance that 15 I have described is predicated on a recommendation 16 for evacuation of the 10-mile emergency planning 17 zone.
18 Let me ask you to assume all the 19 facts that I have stated and add the following 20 fact:
That is, the State Disaster Preparedness 21 Commission and the REPG have independently 22 determined that the ten-mile emergency Planning 23 zone should be evacuated.
24 Now, can you tell me what resources, 25 departments, agencies, instrumentalities, DOYLE REPORTING. INC.
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1 98 DeVito 2
personnel of the State of New York could be 3
employed to accomplish that task?
4 I understand all of the obj ections.
5 MR. LANPHER:
I would like to state 6
an additional obj ection because I believe 7
it's clear that New York State does not j
8 havu evacuation responsibilities, in any
- i. !
9 event, for nuclear power plants in the 10 State of New York, so you are calling for a 11 degree of speculation beyond even what was 12 called for before.
13 MR. SISK:
I don't understand that 14 obj ect ion, but it's noted.
15 Q.
Can you answer the question, Mr.
16 DeVito?
17 A.
You are saying if I assume that all 18 of your hypotheticals are facts?
19 Q.
Yes.
20 A.
No, I can't answer the question.
21 Q.
You can't tell me what resources 22 would be available?
23 A.
I would have no idea.
1 24 MR. LANPHER:
What resources would 25 be available to accomplish -- for the state 1
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2 to assist in accomplishing a 10-mile EPZ
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evacuation?
i 4
Q.
To accomplish such an evacuation or 5
assist in accomplishing such an evacuation.
l 6
MR LANPHER:
And my obj ection is 7
the State of New York does not have a role 8
in 10-mile evacuation.
9 I think your question assumes facts 10 which this witness can't possibly know.
11 MR. ZAHNLEUTER:
The question also 12 misses facts relating to, for example, i
13 county actions in such a hypothetical.
14 Q.
Are you able to answer that question?
15 A.
I j ust said no.
16 Q.
And I assume, therefore, that you 17 would be unable to tell me the tirning under which 18 state resources could be employed in responding to 19 such an emergency?
20 A.
That's correct.
21 Q.
Now, can you identify for me the 22 state resources that could be employed in 23 responding to the 50-mile ingestion pathway for 24 Shoreham, in the event that you were ordered to 25 respond appropriately in the event of a
1 8
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1 100 DeVito 2
radiological err et gency at Shoreham?
3 A.
Not the same reasons.
j 4
Q.
And similarly, you wouldn't be able 5
to tell me what kind of timing would be involved?
6 A.
That's correct.
7 Q.
Mr. DeVito, does the statement 8
"radiological emergency preparedness Plan" 9
identify any state resources that could be 10 employed to respond within the ingestion pathway 11 of Shoreham in the event of an emergency at 12 Ghoreham?
?
13 A.
I believe I have indicated on more 14 than one occasion, Counselor, I am not en exp~rt 15 in the state's radiological emergency PrePart. ess 16 plan.
17 That is precisely why we have 18 established in this state a Radiological Emergency 19 Preparedness Group to deal with thone kinds of 20 issues because they are such specific issues, so I 21 don't have that kind of expertise.
22 Q.
Do you have a role, however, in 23 emergency response with respect to radiological 24 emergencies in the State of New York?
25 MR. LANPHER:
I would like a DOYLE REPORTING, INC.
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101 DeVito 2
clarification.
.At plants other than 3
Shoreham?
4 Q.
At plants other than Shoreham.
5 A.
Again, I go back to something I said 6
before, if not more than once, at least once.
7 And that is, my role would be to 8
support the chairman of the DPC and the 9
Radiological Emergency Preparedness Group as 10 specified in very site-specific plans to deal with 11 whatever supportive role my organization would 12 have to carry out the state's responsibilities.
13 Q.
Mr. DeVito, could the generic state 14 disaster preparedness plan, in combination with 15 the state radiological emergency response plan ar.d 16 a Suffolk County disaster plan, be employed to 17 respond to a radiological emergency at Shoreham?
18 MR. ZAHNLEUTER:
I obj ect.
19 MR.'LANPHER:
I obj ect to the 20 question.
21 The gentleman has already stated 22 that he has never seen the Suffolk 23 County -- any suffolk County disaster 24 preparedness plan.
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about a document that he has already told 3
you he doesn't know about.
4 Q.
Can you answer the question?
5 A.
I am not aware of any local 6
government plan and anything that says, "What we 7
would de if " would be pure speculation on my 8
part.
l l
9 Q.
Mr. DeVito, does the Etate Emergency 10 Management Office, and by that I mean the i
11 personnel ths.t you had described earlier in your 12 planning drepartment, review local disaster 1
13 preparedness plans that are submitted to the State 14 Emergency Management Office?
15 MR. ZAHNLEUTER:
Obj ect ion.
g 16 MR. LANPHER:
Mr. Sisk. are you 17 asking about radiological plans or plans in 18 general?
19 Q.
Plans in general, disaster plans.
f 20 MR. ZAHNLEUTER:
I thin!< it has been l
I 21 asked and answered, but you may answer.
22 A.
If they are submitted to us in a 23 general sense, we might review them if there was 24 sufficient time to do that and sufficient 25 resources that could be made available for the DOYLE REPORTING. INC.
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task.
It's not a given, however, e
3 Q.
Is it necessary for your office to 4
approve such plans in order for them to obtain 5
federal funding for the training activities you 6
described earlier?
7 A.
No.
8 MR. LANPHER:
I obj ect to the 9
question.
10 I don't understand what you mean by 11 "approve such plans."
12 The witness can go absad and try and 13 answer.
14 Q.
I think the witness has.
15 A.
The answer is no.
16 MR. LANPHER:
Sorry.
I didn't hear.
17 Q.
Does a local disaster preparedness 18 plan have to be approved by, to your knowledge, 19 any agency within the state government in order to 20 receive federal funding for the training 21 act ivit ies we ref erred to earlier?
22 MR. LANPHER:
Same obj ection.
23 A.
I can only speak for my own 24 organization and we ao not approve loCA1 25 government plans.
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Q.
Do you know whether any other agency 3
of the state government does perform that task?
4 A.
I don't belittve so, but I am not 5
aware as an absolute that:there is any 6
requirement.
7 Q.
Do such local plans;have to be 8
approved, to your knowledge, by the Federal 9
Emergency Management Agency in order to receive 10 f unding for the training activities referred to 11 earlier?
12 A.
I am not a federal bureaucrat, so I 13 can't 14 Q.
I am simply asking for your 15 knowledge.
16 A.
Based on my knowledge. I know of no 17 circumstance where plan approval, to date, has 18 been a requirement for federal funding.
19 Q.
Do you know whether any training of 20 Suffolk County personnel has -- by that I mean 21 training with respect to responding to emergencies
?2 in general -- has ever been funded in accordance 23 with the procedures you described earlier?
24 MR. LANPHER:
I obj ect to the 25 question as vague.
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2 What procedures are you talking 3
about?
I don't know what you mean by 4
"training."
5 The witness hasn't even testified 6
whether he knows whether any training has 7
been carried out for emergencies in Suffolk 8
County.
9 Q.
Has any training been carried out for 10 emergencies, to your knowledge, of Suffolk County 11 personnel?
12 A.
I am not aware of any specific 13 training that has been accomplished.
14 Q.
Do you know whether anyone within e
1B your office has engaged in any training activities 16 with respect to emergencies for any Suffolk County 17 personnul?
18 MR. ZAHNLEUTER:
I obj ect.
19 Is this question receiving training 20 or giving training?
21 Q.
Has your office been engaged in any 22 training activities for Suffolk County personnel?
23 A.
Depending upon how you define the 24 term "training."
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awareness act ivit ies to make local government 3
officials throughout the st ate aware of various 4
problems and concerns and concepts associated with 5
emergency management.
6 If that is your definition of 7
"training," we do have training statewide.
8 And whether or not specific employees 9
of the Suffolk County government have availed 10 themselves of that training or not, without 11 looking at an attendanco roster, I couldn't tell 12 you.
13 Q.
Could you describe those activities 14 for me generally?
15 A.
For example, the advent of a 16 particular season of the year would necessitate 17 calling everyone's attention to the fact that that 18 season approaches and might carry with it certain 19 hazards relating to natural phenomena.
We might 20 then go statewide or in specific geographic areas 21 and outline what those concerns might be.
22 Local government officials are free 23 to attend or not, so again, who would be there. I 24 wouldn't know without look ing at the list.
25 Q.
Who is in charge of those activities e
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within the State Emergency Management Office?
e 3
A.
My training section.
4 Q.
And are these types of activitier, 5
did you say, conducted periodically throughout the 6
state?
7 A.
That is correct.
8 (Discussion off the record) 9 MR. SISK:
I am happy to say that 10 concludes my questioning.
11 MR. LANPHER:
I have no questions.
12 MR. ZAHNLEUTER:
Please give me a 13 minute.
)
14 MR. SISK:
Sure.
I l
15 MR. ZAHNLEUTER:
I will go back on j
16 the record.
i 17 I have no questions.
f 18 l
19 Subscribed and sworn to before me 198_.
20 this day of 21 l
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CgaI1a1CeIg 4
STATE OF NEW YORK
)
5
)
ss.:
COUNTY OF NEW YORK
)
6 I,
MICHAEL H.
STEPHANY, a Certified 7
Shorthand Reporter and Notary Public 8
within and for the State of New York, do 9
hereby certify:
10 That I reported the proceedings in 11 the within-entitled matter, and that the 12 within transcript is a true record of 13 such proceedings.
14 I further certify that I am not 15 related, by blood or marriage, to any of 16 the partles in this matter and that I am 17 in no way interested in the outcome of 18 this matter.
IN WITNESS WH[
19 EOF, I have hereunto M'f(dayo 7q k 20 I
set my hand thip.
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21 g
y 19 22
/
s 23 MICHAEL H.'STEPH Y( CS 24 25 e
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4 1
109 2
April 29, 1998 3
iN DE1 4
Witness Page I
5 Donald DeVito 4
6 i
EldigilE 7
DeVITO FOR IDENT.
8 1
Notice of Deposition 9
dated 4/27/80 5
l 10 2
Resume entitled, "Donald A.
DeVito" 17 1
11 3
Document entitled, 12 "State and Local l
Natural and Manmade 13 Disaster Preparedness" 60 14 4
Document dated 9/1/87 l
from James D.
Papile 69 15 5
Document entitled, 16 "County of Suffolk Disaster Preparedness 17 Plan," dated 1/1/81 89 l
18 6
Document entitled, "Civil Defense Basic 19 Emergency Plan for Suffolk County and y
l 20 Its Townships and Villages, New York" 90 21 7
Letter dated 12/29/86 22 on letterhead of Town j
of Brookhaven. New York 23 Department of Public Safety" 91 24 e
25 l
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DOYLE REPORTING, INC.
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