ML20151T570

Govt Answers to NRC Staff Interrogatories Re Contentions 1-2,4-8 & 10.* W/Certificate of Svc.Related Correspondence

ML20151T570
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	04/22/1988
From:	Latham S, Mcmurray C, Zahnleuter R KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY, TWOMEY, LATHAM & SHEA
To:
References
CON-#228-6159 OL-3, NUDOCS 8804290068
Download: ML20151T570 (8)

Text

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00CKETE0 U5HRC RELATED @RRE,Styp,DJ.3SA April 22, 1988 18 AMI 26 P2:30 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g g ,g 00CKEltN3 4 M MI Cf. BR/.HC4 Before the Atomic Safety and Licensino Board

                                                  )

In the Matter of )

                                                  )

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

                                                  )        (Emergency Planning)

(Shoreham Nuclear Power Station, ) Unit 1) )

                                                  )

GOVERNMENTS' ANSWERS TO THE NRC STAFF'S INTERROGATORIES REGARDING CONTENTIONS 1-2, 4-8, and 10 Pursuant to 10 CFR S 2.740b(b), and in accordance with this Board's oral ruling of April 11 and Confirmatory Memorandum and Order of April 12, Suffolk County, the State of New York and the Town of Southampton (the "Governments") hereby respond to the NRC Staff's First Set of Interrogatories to Suffolk County, New York State and the Town of Southampton Regarding Contentions 1-2, 4-8, and 10 (March 31, 1988)(the "Interrogatories").

ANSWERS NRC Interrocatory No. 1

1. (a) Do you intend to call any witnesses on any of the Contentions 1, 2, 4, 5, 6, 7, 8, or 10?

(b) If the answer to (a) is yes, which contentions? (c) What is the substance of the testimony which will be presented on these contentions? l e804290068 880422 1 DR ADOCK0500ggg2

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V l l j f (d) Do you know the identity of such witness? (e) If the answer to (d) is yes, identify each witness by I name and address and provide their professional l credentials and resume. ) (f) What is the substance of the testimony of each witness? l (g) What is each-witness' qualification to testify? l Answer to NRC Interrocatory No. 1 l The witnesses whom the Governments intend to present on the referenced contentions and the general substance of their testimony have previously been identified in: (1) the Govern-ments' Objection to Portions of February 29 and April 8 Orders in the Realism Remand and Offer of Proof (April 13,1988) ("April 13 Objection and Offer of Proof"); (2) a letter dated April 6, 1988 from Christopher M. McMurray, counsel for the County, to James N. Christman, counsel for LILCO, identifying certain "immateriality" witnesses; and (3) a letter dated April 7, 1988 from Richard J. Zahnleuter, counsel for the State of New York, to James N. Christman, counsel for LILCO, identifying a witness on the "immateriality" issue. Copies of the above-referenced letters were provided to NRC counsel. The Governments' "immateriality" witnesses are well known to the parties in this proceeding and their resumes have previously been provided in connection with hearings on other issues. The Governments will provide resumes of the remaining witnesses to the extent such resumes exist, but note that the depositions of such witnesses are taking place on April 19 and 22. l . NRC Interrocatory No. 2

2. (a) Do you intend to subpoena any witnesses?

(b) What persons do you intend to subpoena? (c) What subjects do you intend to ask them about? (d) What information do you intend to elicit by such examination? Answer to NRC Interrocatory No. 2 At this time, the Governments do not intend to subpoena any witnesses. The parties will be informed in a timely manner of any Government decision to do so. NRC Interrocatory No. 3

3. (a) What documents do you intend to subpoena for the "realism" hearings?

(b) Through which witness will you introduce such documents? Answer to NRC Interrocatory Nq1_1 At this time, the Governments do not intend to subpoena any documents. The parties will be informed in a timely manner of any Government decision to do so. NRC Interrocatory No. 4

4. (a) Do you conter.d that LILCO's emergency plan supplemented by a best effort response by the affected governments will not meet the adequacy standards with respect to each matter at issue? Egg Memorandum and Order, February 29, 1988, at 3-4.

(b) Specify each and every manner in which you maintain that LILCO's emergency plan supplemented by a "best effort" response by affected governments does not meet the adequacy standards with respect to each matter at issue. (c) Specify each and every way in which the matter (s) identified in (b), above, prevents a reasonable assurance finding from being made. 1

 . .\

Answer to Interrocatory No. 4 The Governments' position has been fully set forth in the Legal Authority Contentions 1-10, the Governments' Opposition to LILCO's December 18 summary disposition motions, and in the Governments' April 13 Objection and Offer of Proof. NRC Interrocatory No. 5

5. Do you intend to present "a positive case" at hearing in response to a crima facie case presentation by LILCO on the contentions? Egg Memorandum and Order, February 19, 1988, at 3-4.

Answer to NRC Interrocatorv No. 5 The nature of the case to be presented by the Governments on the so-called "realism" issue is set forth in the Governments' April 13 Objection and Offer of Proof, and in the Governments' Opposition to LILCO's summary deposition motion on the immateriality issue. t l l l _ _ _ _

e e NRC Interrocatory No. 6

6. Identify all persons who participated in, or substantially contributed to, the preparation of the responses to these Interrogatories.

Answer to Interrocatory No. 6 All answers are stated by counsel. E. Thomas Boyle Suffolk County Attorney  ; Building 158 North County Complex : n i r( '3 Veterans Memorial Highway Hauppauge, New York 11788 CKwrencE C. Lhnpher / Christopher M. McMurray / KIRKPATRICK & LOCKHART 1800 M Street, N.W. South Lobby - 9th Floor Washington, D.C. 20036-5891 Attorneys for Suffolk County

41) d lau Fa'bian G. Pa}4minf /

Richard J. Zahnleuter - Special Counsel to the Governor of the State of New York Executive Chamber, Room 229 Capitol Building Albany, New York 12224 l Attorneys for Mario M. Cuomo, Governor of the State of New York 92 $. & St6 phen /B. Latham' / Twomey, Latham & Shea 33 West Second Street I Riverhead, New York 11901 Attorney for the Town of i Southampton I l --_ . _ _ . .__

(_ n' 4 00Lr(EiE0 Aoril 2T,W1988 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 18 MH 26 P2 30 Before the Atomic Safety and Licensina BoardFRCE F F Ut MRf 00CMElit4G 4 SU'VICf. BRANCH

                                                )

In the Matter of )

                                                )

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

                                                )    (Emergency Planning)

(Shoreham Nuclear Power Station, ) Unit 1) )

                                                )

CERTIFICATE OF SERVICE I hereby certify that copies of GOVERNMENTS' ANSWERS TO THE NRC STAFF'S INTERROGATORIES REGARDING CONTENTIONS 1-2, 4-8, AND 10 have been served on the following this 22nd day of April, 1988 by U.S. mail, first class, except as otherwise indicated. James P. Gleason, Chairman Mr. Frederick J. Shon Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Nashington, D.C. 20555 James P. Gleason, Chairman William R. Cumming, Esq. 513 Gilmoure Drive Spence W. Perry, Esq. Silver Spring, Maryland 20901 Office of General Counsel Federal Emergency Management Agency Dr. Jerry R. Kline 500 C Street, S.W., Room 840 Atomic Safety and Licensing Board Washington, D.C. 20472 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 W. Taylor Reveley, III, Esq.* Hunton & Williams Fabian G. Palomino, Esq. P.O. Box 1535 Richard J. Zahnleuter, Esq. 707 East Main Street Special Counsel to the Governor Richmond, Virginia 23212 Executive Chamber, Rm. 229 State Capitol Albany, New York 12224

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l i l Joel Blau, Esq. Anthony F. Earley, Jr., Esq. Director, Utility Intervention General Counsel N.Y. Consumer Protection Board Long Island Lighting Company Suite 1020 175 East Old Country Road Albany, New York 12210 Hicksville, New York 11801 E. Thomas Boyle, Esq. Ms. Elisabeth Taibbi, Clerk Suffolk County Attorney Suffolk County Legislature Bldg. 158 North County Complex Suffolk County Legislature Veterans Memorial Highway Office Building Hauppauge, New York 11788 Veterans Memorial Highway Hauppauge, New York 11788 Mr. L. F. Britt Stephen B. Latham, Esq. Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power Station 33 West Second Street North Country Road Riverhead, New York 11901 Wading River, New York 11792 Ms. Nora Bredes Docketing and Service Section Executive Director Office of the Secretary Shoreham Opponents Coalition U.S. Nuclear Regulatory Comm. 19$ East Main Street 1717 H Street, N.W. Smithtown, New York 11787 Washington, D.C. 20555 Alfred L. Nardelli, Esq. Hon. Patrick G. Halpin New York State Department of Law Suffolk County Executive 120 Broadway, 3rd Floor H. Lee Dennison Building Room 3-118 Veterans Memorial Highway New York, New York 10271 Hauppauge, New York 11788 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee Suite K P.O. Box 231 San Jose, California 95125 Wading River, New York 11792 l l Mr. Jay Dunkleburger Richard G. Bachmann, Esq.* New York State Energy Office Edwin J. Reis, Esq. Agency Building 2 Office of the General Counsel Empire State Plaza U.S. Nuclear Regulatory Comm. l Albany, New York 12223 Washington, D.C. 20555 David A. Brownlee, Esq. Mr. Stuart Diamond Kirkpatrick & Lockhart Business / Financial 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 W. 43rd Street New York, New York 10036 f l

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   ~j Douglas J. Hynes, Councilman     Adjudicatory File Town Board of Oyster Bay         Atomic Safety and Licensing Board Town Hall                          Panel Docket (ASLBP)

Oyster Bay, New York 11771 U.S. Nuclear Regulatory Commission Washington, D.C. 20555

                                          . l <,. d     .

Ronald R. Ross KIRKPATRICK & LOCKHART 1800 M Street, N.W. South Lobby - 9th Floor Washington, D.C. 20036-5891

• By Federal Express l

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