ML20154B686
| ML20154B686 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/19/1988 |
| From: | Halpin P LONG ISLAND LIGHTING CO., SUFFOLK COUNTY, NY |
| To: | |
| Shared Package | |
| ML20154B645 | List: |
| References | |
| OL-3, NUDOCS 8805170280 | |
| Download: ML20154B686 (87) | |
Text
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LILCO, May 2,1988 00lKETED U >tHC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSg gy 5 P4 :23 0FFICL U ii hr I A #
Before the Atomic Safety and Licensind$65Sjyy,hE8VICf In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station, ) (Realism /Best Efforts)
Unit 1) )
SUPPLEMENT TO LILCO'S RESPONSE TO GOVERNMENTS' APRIL 13 OBJECTION AND MOTION IN THE ALTERNATIVE TO COMPEL DISCOVERY Deposition Transcript of Patrick G. Halpin Attachment 7 0
TRAXSCRIE
, OF PROCEEJINGS UNITED STATES OF AliERICA NUCLEAR REGULATORY COliMISSION
)
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
- - - - - - - - - -x '
In the riatter of: :
- Docket No. 50-322-OL-3 LONG ISLAND LIGHTING COMPANY :
- (Emergency Planning)
(Shoreham Nuclear Power : (Best Efforts Issue)
Station, Unit 1) :
_ _ _ _ _ _ _ _ _x DEPOSITION OF PATRICK G. HALPIN Hauppauge, New York Tuesday, April 19, 1988 ACE-FEDERAL REPORTERS, INC.
Stenohme Rqcrters 444 North Capitol Street Washington, D.C. 20001 (202) 347-3700 Nationwide Coverage 800-336-6646 ,
)4 7 5 0 0 0 0 1 l 1
1 GJW/sw 1 ! UNITED STATES OF AMERICA h
h y
2 NUCLEAR REGULATORY COMMISSION 3 --------------------------------X 4 t In the Matter of: : Docket No. 50-322-OL-3
?
'l' 5 LONG ISLAND LIGHTING COMPANY : (Emergency Planning -
t 6q (Shoreham Nuclear Power Station,: Best Efforts Issue) 9, 7'
e Unit 1) :
81 -------------------------------- x h
9 DEPOSITION OF PATRICK G. HALPIN li 10 Hauppauge, New York u
11 ij, Tuesday, April 19, 1988 12 Deposition of PATRICK G. HALPIN, called for examination 13 pursuant to notice, at the Dennison Building, 9th Floor, 14 il Veterans Memorial Highway, at 2:00 p.m., before Garrett
't h
15 , J. Walsh, Jr., a Notary Public in and for the Commonwealth h
16 b of Virginia at Large, when were present on behalf of the il I
17 l;t respective parties:
K. DENNIS SISK, Esquire, and DAVID S. HARLOW, Esquire, P
18 "
19 J Hunton & Williams, 100 Park Avenue, New York, New York Y
20 y 10017; on behalf of the Applicant, the Long Island Lighting 21 H Company.
22 N i
V
't i
l ACE-FEDER AL RnPORTERS, INC.
l l N'd "*'id' C '"'8' mum I 202 347-3700 f _
l 2 I 4750 00 02 2 lil h LAWRENCE COE LANPHER, Esquire, and HERBERT H. BROWN, 1 GJW/sw 1d lI l'
)
2 ,l Esquire, Kirkpatrick & Lockhart, 1800 M Street, N. W., South
,I 3 i Lobby, 9th Floor, Washington, D. C. 20036; on behalf of the 4 Intervenor, the County of Suffolk.
) 9 5 I! RICHARD J. ZAHNLEUTER, Esquire, Deputy Special Counsel iI 6 !! to the Governor, Capitol, Room 229, Albany, New York 12224; f
!i
) 7 on behalf of the Intervenor, the State of New York.
8 l RICHARD G. BACHMANN, Esquire, Office of General 9 , Counsel, U. S. Nuclear Regulatory Commission, Washington,
)
10 ; D. C. 20555.
!l 11 : ALSO PRESENT:
I
'V.
) 12 Dennis Milton, Esquire h;
13 h Deputy Chief, County Attorney 1:
li 14 {, New York State t
i; 15 l h
16 !
I 17 l 18 l-b 19 ji 20l hl 21I 22' i
ACE-FEDER AL REPORTFRS, INC.
N' "*id ' C 78 8' mm l 202 3n3700
f475000-03 ~- 3 a
- 1 GJW/sw 1 l
CONTENTS j- 2 l, Witness Direct Cross Redirect-Recross i: .
Il 3 ll Patrick G. Halpin -
5- -
85 l
4 EXHIBITS
]
? ,
5l FOR IDENTIFICATION i
6 Halpin Deposition Exhibit Number 1..... 7 l
7 j Biography, Patrick G. Halpin, 8 Suffolk County Executive i
9 Halpin Deposition Exhibit Number 2..... 13 10 Direct Testimony of Patrick G.
t 11 I, Halpin Concerning Contentions i
I 12 1-2, 4-8 and 10, dated April 13, l
13 j 1988 ll 14 4 Halpin Deposition Exhibit Number 3..... 16
!I 15 f 29-Page Document, Article 2-B, b
1 6 i; State and Local Natural and I
17 Man-Made Disaster Preparedness l
18 t Halpin Deposition Exhibit Number 4..... 61 ll 19 Letter, dated April 15, 1988, to James P. Gleason, Jerry R. Kline 20 ll 21 ii and Frederick J. Shon from Mr.
22 r Lanpher l
i k
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i EXHIBITS (Continuing) l' GJW/sw 1f '
i 2.; FOR IDENTIFICATION f
3l Halpin Deposition Exhibit Number 5..... 66 ii n
4y Memo, dated July 23, 1982, to
) l!
5 l Frank R. Jones from John W.
6 Liguori with Enclosure, Civil I;l i
) 7h Defense Basic Emergency Plan I
8 ,i for Suffolk County and Its 9: Townships and Villages, New York 10 *** ** ***
i 11 !
i 12 p!
13 C
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i 15
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i 16 l i
17 1 l)!
1 18 !! 5 19 j i
20 i
21, H
22 [
4 ACE-FEDERAL REPORTERS, INC.
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- 4750.01 01 j 5
1 GJW/sw 1 PROCEEDINGS f
I
) 2 MR. SISK: Let the record reflect that this f
3 deposition is convened pursuant to notice issued by the Long 4 Island Lighting Company in this case and under the NRC's
? 5 Rules of Practice and the Federal Rules of Civil Procedure, ii, 6 l Let the record also show that the deposition is I
) 7 beginning at 2 p.m. This is because the witness was i
i 8 proffered at this time by the County irrespective of any 1
9 ; consent from LILCO.
I 10 p Whereupon, O
d 11 ll PATRICK G. HALPIN 12 l was called as a witness and, having first been duly sworn, 13 i i
was examined and testified as follows:
14 j DIRECT EXAMINATION l
15 , BY MR. SISK:
i t i :
16 .I Q Good afternoon, Mr. Halpin.
17 A Good afternoon.
18 ;!
I Q Could you state your full name for the record?
k I;
19 :; A Patrick G. Halpin.
b 20 ;j Q And, what is your position?
Y; 21 f A I am Suffolk County Executive.
22 ! Q And, have you sponsored testimony that has been h
, f l i:
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4750 01.02 l 6 I
.1 GJW/sw 1 f filed or is to be filed in this proceeding?
2 A Yes, I have.
.:. j Q Can you describe briefly for the record your il educational background?
7 4f
)- d l~ 5$ A I have a degree in government from Old Dominion l
6 ,
University, and I graduated high school prior to that.
7 Q Can you describe also briefly your experience 1
! since graduating from college?
8l 9 l A I served as a congressional aide to Congressman 1
10 Tom Downey in Washington, D. C. After that, I worked for 11 two years as the Assistant Supervisor of the Town of 1
12 Babylon.
l 13 !^ Following that, I served as a County Legislator.
I!
t l
14 And, then I served for five and a half years in the New York l
l 15 i State Assembly.
16 ij And, I was elected Suffolk County Executive in i
l 17;! November of 1987.
i s 18 ) MR. SISK: Very well. I have been handed this i.
( 19[4 morning a document which I will now hand to the Court l
l 20 yl!Reporter and ask that it be marked as Exhibit 1 to this l 21 deposition.
It bears a title, "Patrick G. Halpin, Suffolk l
22 f i
I ACE-FEDERAL REPORTERS, INC.
Nati nwide Coverage l l 202 347 3700 33 E -
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(I 1 GJW/sw 1 County Executive."
j 2 (A one-page document, Patrick G. .Halpin, l
1 3 Suffolk County Executive, is marked as 4 . Halpin Deposition Exhibit Number 1 for 1
)
5 identification.)
i 6 BY MR. SISK: (Continuing)
) 7 j Q I will ask you to review it briefly.
i (The witness is looking at the document.)
8f 11 MR. LANPHER: Is there a purpose for which you 9h k
10 [ want him to review it?
9 11 !l MR. SISK: I would just ask him to identify it 0
) 12 and describe what it is for the record.
13 ) THE WITNESS: This is a biography that was l
I released by my office, 14 )b 15 ![ BY MR. SISK: (Continuing)
I 16 Q Okay. Very well. Mr. Halpin, can you describe l
i 17 ; for me in general terms your duties and responsibilities as h
18 j, County Executive?
L il 19 1 A Well, as County Executive I am the Chief Budget 20 ; Officer as well as the Chief Executive of the Executive I Branch of government in Suffolk County.
21 And, I am responsible for the preparation of 22h l4 i
9 ACE-FEDERAL REPORTERS, INC.
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i 4750 01 04 i 8 ll 1 1 b budgets and the administration of County government.
GJW/sw
) 2d Q Are you also responsible for the general 3 j Executive function of the County?
4 A Yes, I am.
I 5 'I i Q That is, running the Executive Department; is 6 that correct?
7 A That's correct.
P 8( Q As part of that responsibility as County 9 !; Executive, are you also responsible for responding to H
b li 10 ', emergencies of various types?
b 11 f .
A Yes. l
) 12 ; Q Can you describe for me generally the types of ,-
j i 13 ; emergencies for which you might be called upon to respond as
! 1 14 County Executive?
15 !
MR. LANPHER: I object to the question. It's i
16 l vague.
I 17 You may attempt to answer if you can.
18 l THE WITNESS: Well, the -- what type of i
19 l emergencies? There are a whole host of emergencies that the 20 County could be called upon to respond to, emergencies I
21" involving fire, emergencies involving police, and b
22q emergencies related to conditions like a hurricane.
l
' ACE-FEDERAL REPORTERS, INC.
Nationwide coverage ,gg l g,
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4750.01-05 9 j
'1' GJW/sw 1 BY MR. SISK: (Continuing)
) 2 Q So, it would include natural disasters as well as 3 man-made disasters. Is that accurate?
4 A That's accurate, yes.
)
5 Q Now, with respect for responding to these various 6
I
- types of emergencies, are you familiar with any and all l
7j plans that the County has for these various types of 8 s emergency response?
9 I MR. LANPHER: I would like a clarification. Is h I l 10 he personally familiar with each plan that the County has?
l N l
11 t! MR. SISK: Is he generally familiar with what ll 12 4 plans the County has for responding to emergencies of i
13 h various types?
^
l 14 ; MR. LANPHER: I object to the question as I 11 15 ll irrelevant to the extent it goes beyond a shoreham h
'l l 16 y emergency.
i 17 THE WITNESS: I'm frankly not intimately familiar a
j 18 y b
with all of the plans or for that matter generally familiar i h with the plans. I've only been in office since January 1st,
( 19 [
! 'l l 20 ', so I haven't had the opportunity to be briefed on the i
f 21 various plans that the County has developed over the years
\
22 k regarding a variety of different emergencies.
I!
s
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l ACE-FEDERAL REPORTERS, INC.
- * **8' l 202 800 336-6646
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.4750 01 06 , .- 10 1 GJW/sw 1 l BY MR. SISK: (Continuing) 1 y 2 l Q Are you generally familiar with the types of I
3 l plans that the County has?
4 l A Yes, I'm somewhat familiar with that.
5 Q Okay. To the extent of your familiarity, can you 6 tell me what plans the County has for responding to li
) emergencies of any type?
7]
81 MR. LANPHER: I object as irrelevant. You may t f,i, j
9 attempt to answer.
) j!
l JO [ THE WITNESS: The one plan that I am generally 1
i a familiar with is the plan in the event that there is an 11 [
) 12 j emergency related to a hurricane. And, that's about it.
! 11 BY MR. SISK: (Continuing) 13 h If 14 I'
Q Does that particular plan relate to hurricanes l
l 15 [i specifically or to natural disasters generally?
l 16l!i A I'm not sure.
l
) Q Okay. Does the County have a plan of any sort 17 h L
- 18 , for response to an emergency at the Brookhaven National Lab?
19 MR. LANPHER: I object. It's irrelevant. The 20 subject of this proceeding is what Suffolk County would do h
21 F in the event of an emergency at the Shoreham Nuclear Power h
Plant, Mr. Sisk.
22 ]
4, l
j i ACE-FEDERAL REPORTERS, INC.
Nati nw de Coserage 202 347 3700
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4750 01 O'7 ;
11 1~ GJW/sw 1l I've informed'you prior to the deposition that.
)- 2 -
Mr. Halpin's time is brief. If you want to inquire into 3 irrelevancies, that's your business.
4 But, just let the record note ny objection.
)
5 THE WITNESS: I don't know, i
6 BY MR. SISK: (Continuing) f
) 7 .
Q Does the County have a general contingency plan for emergencies?
8[ 11 9 j! A I don't know.
) l 10 l Q How have you become failiar with the emergency 9
C 11 h plan for hurricanes?
N 12 l MR. LANPHER: Same objection. Irrelevant. ,
13 THE WITNESS: You know, basically it hasn't been f
i 14 through a formal briefing but through information that I 15 have regarding responses that occurred after Hurricane f
16 i
Gloria. I know that the County was involved with the State l'
- I 17 p in evaluating our response to that plan.
9 Il But, I haven't seen the result of that effort.
18 [
ii 19 BY MR. SISK: (Continuing) 20 Q Are you aware of any other standard documents or 21 plans or procedures which you would look to to follow in 22 responding to any type of emergency as County Executive?
'l ACE-FEDERAL REPORTERS, INC.
Nati nwide Coverage 202 347 3700
)
'4750-01 08 12 i
l 1L' GJW/sw 1 MR. LANPHER: I object to the question. First of l ' '
) 2 ; all, it's multiple. Plans, standards and procedures, that's 3 a confusing question.
4 l Also, it asks the witness to speculate. You are L 5d assuming that he is following these plans. That's not 1.
n 6 ll established on the record.
\l That's my objection.
/ 7f
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8 : THE WITNESS: I'm sorry. What was the question 9I I again?
k i
! 10 ll MR. SISK: Can you read back the question?
I I:
11 f (The Court Reporter read the question as l it, ,
12 ; requested.)
t 1
i ,.
L 13 : TnZ WITNESS: The answer is T.o.
[
]
14 [ FY MR. SISK: (Continuing) 0 i
1 5 l' Q Can you describe for me generally your ll 16 f responsibilities and duties as County Executive in the event b
17[l of an emergency?
J t
t 18 L MR. LANPHER: I object to the question as vague. l il 19 , You haven't defined what kind of an emergency you are 0
i talking about,
' 2 0! g"!
21[ BY MR. SISK: (Continuing) 22 Q Can you answer the question?
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! ACE-FEDER AL REPORTERS, INC. ;
Nadmwe Comage 202 347 3700 600 336 6646 L
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4750 01 09 v h
1 GJW/sw 1 i A Well, the County Executive is ultimately
) 2[ responsible for responding to emergencies.
3 Q okay. Is it generally your duty, Mr. Halpin, as 4 ! County Executive to ensure that public health and safety is I
)
5df protected in the event of an emergency?
6 i A Yes.
l f- 7 MR. SISK: I will now hand to the Reporter and f
8 l ask him to mark as Exhibit 2 to this deposition a document I
bearing the title, "Direct Testimony of Patrick G. Halpin on
) 9 (h 10 Behalf of Suffolk County Concerning Contentions 1-2, 4-8, h
li 11 0 and 10." It's dated April 13, 1988.
12 fi (Direct Testimony of Patrick G. Halpin 13 on Contentions 1-2, 4-8 and 10, dated J
I 14 f; April 13, 1988, is marked as Halpin i i
15 j Deposition Exhibit Number 2 for
'\.
16 ( identification.)
II 17 !f BY MR. SISK: (Continuing) ll 18f Q I will ask for you to take a quick look at that i
19 document. By the way, it includes the attachments.
E 20[ And, I will vouch for the record that this is a k
21I copy of testimony that was served on LILCO on or about April 22 13 by Suffolk County.
1+
i ACE-FEDER AL REPORTERS,1NC, Natienwide C verare l m.39 3m . 33 ,
l i
) i 4750 01 10 j 14 1 GJW/sw 1 ! (The witness is looking at the document.)
I.
). 2 {! Mr. Halpin, is that the testimony that you have h !
3 sponsored in Lhis proceeding?
i 4 A Yes, it is.
). I 5 !
Q I will ask you to turn to Page 5 of that t
6j testimony. On Page 5, there is an answer which reads, "The i
) 7f Suffolk County government would not follow or implement 8 !l LILCo's plan or work with LILCo's personnel if there were an li .
9 accident at Shoreham. The reasons are set forth in detail
) I h
10 in an affidavit I executed on February 9, 1988. Rather than
'n 11 repeat those reasons again, I attach a copy of that f
) 12 l affidavit and make it a part of this testimony."
13 j Have I correctly read that portion of the 14 ' testimony?
t 15 b A That's right.
16 Q Now, I will ask you to turn to the affidavit that 17 is referred to that has been attached and made a part of the 18 ; testimony.
b, 19 [ (The witness is complying.)
20 g F
Have you located that?
21 A Yes.
22 [ Q And, turn to Item 1. The second sentence in 5
s ACE-FEDERAL REPORTERS, INC.
j Nationwide coserare 800 336-6646
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4750 01 11- 15 j
1 'GJW/sw 1 ! Item 1 of Page 1 of the affidavit states, "As County 2 ,l Executive, I am authorized to direct the County's response
')
i!
3[ to emergencies."
I 4 ;)I Is that a correct statement?
) I 5 f,! A That's a correct statement.
N 6[ Q Can you tell me what the basis is for stating h.
) 7 (!I that you are authorized to direct the County's response to N
8L emergencies?
Are 9l MR. LANPHER: I would like a clarification.
i 10 ;' you asking for him to cite a law?
i 11 b MR. SISK: Yes, if any. I'm just asking for the
) 12 basis of the statement.
I h
13 h THE WITNESS: Well, I'm not familiar with the
- b c
14 !! specific sections of county or State law that give the County Executive that responsibility.
I But, that is one of 15 [
- ji 16 !! the County Execuciva's responsibilities as Chief Executive.
F (Continuing) i I 17!! BY MR. SISK:
l h 18 Q So, you have not made reference to any particular l 19 j State or County law in making that statement?
D ;
! 20 g A We would be glad to provide whatever additional b
21 < documentation you might like. l 22, Q Okay. I have no doubt that the statement is l 0 l N
ll
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2 l A Okay.
) t 3- MR. IANPHER: Then, why are you asking?
f 4
i MR. SISK: Let me turn to a document that I'm
)
5 ,! going to ask the Reporter to mark as Exhibit 3 to this C l 9
6 ]
deposition.
,1 t
) 7 (A 29-page document, "Article 2-B, State ;
S 8 ! and Local Natural and Man-Made Disaster 9f Preparedness," is marked as Halpin t
). ;
10 Deposition Exhibit Number 3 for 11 F identification.)
r N
) 12 [ BY MR. SISK: (Continuing)
-p Q And, I will ask you to take a quick look at that ,
13 f;
\
14 3 document as well.
t ll 15 MR. IANPHER: Do you want him to read it?
16 MR. SISK: Just to look at it.
I 17 ij MR. IANPHER: Well, for what purpose?
v >
F 18 !; MR. SISK: For the purpose of questioning.
19 - (The witness is looking at the document.)
i 20 ;
BY MR. SISK: (Continuing) s il 21 P Q I will vouch for the record, Mr. Halpin, that c
22 (! this is a copy of Article 2-B of the New York State i
a i 4
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f47500113 ) 17
'l GJW/sw 1 Executive Law, entitled "State and Local Natural and j
2 Man-Made Disaster Preparedness."
) '
i 3 I'm not going to ask you to read the entire
..I 43 document, but I would ask whether you are generally tamiliar 5 with that portion of the New York Executive Law?
li 6g A Yes, I am generally familiar with it.
9 j
7 l Q Is this one of the sources of authority that you 8 i, have for directing the County's response to emergencies?
9 MR. LANPHER: I object to the question. He
)
10 already testified that as to the statement in his affidavit k
11 l he did not have any particular law in mind at the time that i
) 12 i he made that statement.
13 l MR. SISK: The record will reflect what it l
14 i reflects.
I 15 !! BY MR. SISK: (Continuing) 16 l Q Is this one of the laws that authorizes you to i
). 17f respond to emergencies and to direct the county's emergency ii 18 ll response?
8 l.i Answer if you can.
19 f MR. LANPHER: Same objection.
b THE WITNESS: I'm not sure. I would have to ask 20(i Il 21 the County Attorney to review that.
22 But, I do know that State law certainly gives the a
f ACE-FEDER AL REPORTERS, lNC.
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) f 4750 01 14 18 l-1 GJW/sw 1 l
County Executive the authority to respond in the event of an
)~ 2 ! emergency.
4 3 l BY MR. SISK: (Continuing)
Q As County Executive, do you consider yourself
)
4]
5 [<! bound by State law?
6 ! MR. LANPHER: I object to the question. It calls
) 7 ! for a legal conclusion.
8 BY MR. SISK: (Continuing) 9 l Q Can you answer the question?
)' l 10 [ A Well, I'm sworn to uphold the constitution of the i
11 State of New York.
) 12 l
Q Does that include the laws of the State of New I
13 i York?
lI A Yes, it does.
)
14 ] i 15 l Q Now, Mr. Halpin, I am going to go through certain 16 portions of your testimony. Before I do that, I would like t
) 17 to ask you generally have you reviewed the testimony which 18 is Exhibit 2 to this deposition prior to today in 19 ] preparation for this deposition?
b 20 A This testimony?
c 21q Q Yes.
t
[
22 L A Yes, I have.
l.
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! ACE-FEDER AL REPORTERS, INC.
' * *I' 202 347 3700 600-336-6646
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19 1- GJW/sw 1 Q And, is the testimony true and accurate to the
)
2 f best of your, knowledge and belief?
3l A Yes, it is.
l 4 j Q Have you noted in your review any changes or
) Il 5 j; corrections that you wish to make?
6l A No.
I:
) 7 Q Did you actually prepare this testimony?
8 A This testimony was prepared at my direction by 9 the County's attorneys.
) N 10 j, Q Okay. At this time, do you intend to modify or supplement this testimony?
11 )ll Not at this time,
) 121; A b
13 !! Q And, at this time, do you intend to submit any 14 I additional testimony in this proceeding?
d 151, i A At this particular time?
I 16 ' Q Right.
) 17 A No.
l:
18 lI Q At this time, does the County intend to introduce il 19 any additional testimony as to how Suffolk County would i
20 respond in the event of an emergency at the Shoreham Nuclear J
21, Power Plant?
s 22 y A No. At this time, the County is not prepared to 0
9 a
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! l 4750 01 16 - 20
.1 GJW/sw 1' submit additional testimony.
)
2j Q Now, within the testimony, Mr. Halpin, there are 3 ; numerous statements -- I read one a moment ago -- to the 4i effect that the County and.you, as County Executive, would I:
) 1 5J not use or rely upon the LILCO plan in responding to an 6: emergency at the Shoreham Plant.
b
) 7 j Is that basically accurate?
8j A Yes, that's correct.
9 Q Have you reviewed the LILCO plan?
) h 10 j A The County has reviewed LILCO's plan.
J 11 I Q Have you personally reviewed it all or parts of b
) 12 l that plan?
n 13 i A The -- I'm familiar with portions of the plan.
14 [, The County has, I know, and the people that I would -- let
) Ji 15 me get this straight.
16 l The people that I would rely upon to e, valuate i
) 17 0 such a plan have reviewed that plan.
t 18 p Q Did you say that you pcrsonally have reviewed i
f some portions of it?
19 ,l 6
20 d A No. What I said is that I'm familiar with some h
21 $ portions of it, but that the analysis and review has been 22 l I done by experts, people working for the County whose il g;
ACE-FEDER AL REPORTERS, INC.
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I F j 4750 01 17 21 1 GJW/sw 1 responsibility it is to do that.
c
) 2[ b Q Which portions of the plan are you personally i I!
3h familiar with?
4 ! A Well, the portions that are represented in this
)
Y}
5 '
J l
6U Q Are you referring to the portions that are
) 7; referred to in the attachements to the affidavit or the 8 affidavit generally?
t .
A The affidavit generally.
9 ll .
)
l 10 Q Does the affidavit fully and completely describe I
s 11 t your familiarity with the LILCO plan?
lI 12 ,' MR. LANPHER: I object to the question. The h
13 l affidavit speaks for itself, h
14 j THE WITNZSS: I think I'm very clear in the
)
15 g affidavit about the issues that I'm concerned about as it lf relates to the LERO plan or the LILCO plan.
16 fl I
17 BY MR. SISK: (Continuing) 18 . Q Okay. Let me try to be clear. I'm simply trying i
19 L to determine your personal familiarity with the LILCO plan b
20L and the various provisions of it.
21' You have stated that your familiarity with the 22, LILCO plan I believe is set forth in the affidavit; is that I
r I ACE-FEDERAL REPORTERS, INC.
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2 A That's correct.
) !
3j Q Is that the full extent of your familiarity with ,
li .--
4 l the LILCO plan? ,
.I 5N MR. LANPHER: I object. I don't understand the i:
'l 6 question.
7 .l THE WITNESS: Yeah. I'm not sure what you mean.
)
- 8. I think the affidavit is clear.
l -
BY MR. SISK: (Continuing) 9f
)
10 f Q W e l .'. , let me put it this way. Are you familiar 11 with how that plan would operate in the event of an ll
> 12f emergency at the Shoreham Plant?
13 li Who would notify whom? Who would be asked to Who would be asked to set off an EBS
)
14 [bactivate sirens?
F 15 l system and so forth?
I 16 ;,
MR. LANPHER: I object to the question as t
) 17 , multiple, li 18 THE WITNESS: Would you like to take it -- you q
19 L' know, I'm not intimately familiar with every aspect of that
- b. .
20 plan, no.
U 21,l1 BY MR. SISK: (Continuing) k 220 Q But, you are familiar with portions of it?
i!
. C I
1 i ACE-FEDERAL REPORTERS, INC.
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4750.02 02' 23 1 GJW/sw 1j A Well, it depends on which~ portions.
1
{ 2 l Q Understood. All right. We will get to that in.a l
3 plImoment.
4 j Mr. Halpin, in the event of an emergency of any
)-
r 5 !l type'-- and I'm not going to confine it to this particular 6 l plan -- how'could you be reached in order to make decisions i!
regarding an emergency?
) 7f h MR. LANPHER: I object to the question. It is 8[i '
calling for speculation. You are asking him --
9
) 4 10 I ! MR. SISK: I'm asking for physical means.
h 11 MR. LANPHER: Is it your question, how can i
) 12 , Mr. Halpin be reached at any time of the day, period?
i 13 MR. SISK: Yes, in the event of an emergency of f
f 14 any sort requiring his attention.
t 15 MR. LANPHER: Well, you specify the sort of I
16 emergency you are talking about.
L 17 MR. SISK: That's not necessary.
d MR. LANPHER: Well, then I object. It calls for 18 [
I; 19 speculation. I think it is necessary.
20 l You can answer.
l 21y THE WITNESS: That is a very difficult question I
22h to answer, because I'm not sure where I am at any given ii p
i ACE-FEDERAL REPORTERS, INC.
l Nationwide Coserage 202 347 3700
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4750 02.03 ; 24 .
i 1 [GJW/sw . 1 time. I certainly can't predict that at the time there may
) 2] be an emergency. I can't predict the emergency, and I 3 i certainly can't predict whers I would be or what I would be 4 j doing at that'timw.
I y
50 BY MR. SISK: (Continuing)'
b i
6 ; >
Q Do you carry a pager?
) 7 A No, I don't.
a A
8 l Q Does anyone on your staff in the County b
9 Executive's Office carry a pager?
) j 10 ' A Yeah, from time to time people carry pagers.
L 11 But, they are not required to carry pagers.
t
) 12 Q I want to ask you a hypothetical question and l
13 'j ust assume these things with me.
14 An emergency has occurred. An attempt is made to I
15 l' contact you. You are not in your office. How would someone li 16 go about attempting to reach you in that circumstance?
) I 17 MR. IANPHER: I object to the question. It's a 18 f multiple hypothetical, first of all. I don't think anyone Ir!
could be asked to answer that fairly.
19 {
Il 20 ll But, it's also extremely vague. What kind of an l!
21 f emergency? Are you including a Shoreham emergency or not?
f 22 [ Who is attempting to contact him? Where is he if he is not
'i ACE-FEDERAL REPORTERS, INC.
l l
Na nwide Coverage 202 347 3700
- 4750 02 04 l 25 I
'l _GJW/sw 1 l in his office?
i
) 2f c You have got just too many variables, Mr. Sisk.
Let me ask it this way.
- 3) MR. SISK:
I!
4 ll . BY MR. SISK: (Continuing)
) I ,
5h Q When you leave your office knowing that you may l l\
be called upon to respond to an emergency, do you leave word 6l
) 7 i as to where you will be?
i 8 ! A It depends. If I'm not available, then.the Chief 96 Deputy is available. At any given time, there is somebody
) !
lo : in_Suffolk County who would be able to respond to a call.
I 11 Q Okay. In the event of an emergency at the i
) 12 .. Shoreham Nuclear Power Plant, Mr. Halpin, what resources li 13 l would be available to you to respond to that emergency? I 14 l! MR. LANPHER: I object. It calls for
) F P
speculation. Also, it's vague. I don't know what you mean 15 [
F I
16 by "resources." i I 17 j BY MR. SISK: (Continuing) .
I That organizations, departments, personnel within 18 i Q i
the County would be available to you?
19 n]
A T can't answer that question, because we do not 20 h f
21 have a plan that would give me that information for an emergency, a radiological emergency, at the Shoreham Nuclear 22 h i
H, i ACE-FEDER AL REPORTERS, INC.
- ' ** I' 202-347 1700 $00 336-6646
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1 GJW/sw 1 Power Plant.
2 !
Q Are you saying that in the event of a 3
radiological emergency at the Shoreham Plant, without a plan i'
i 4j you would be unable to respond at all?
!i 5! MR. LANPHER: That was not his answer. He stated 6q that he could not answer your question about what resources I
7j would be available. He says he doesn't know.
8 So, I object to your question as j
l 9 t. mischaracterizing his prior answer.
li
) li 10 j; MR. SISK: Very well. Let me have his answer.
i:
11 MR. LANPHER: Could you please repeat the i
) 12 [ question?
13 j BY MR. SISK: (Continuing) 1 14 j' Q In the event -- are you saying that in the event
)
h 15l! of an emergency at the Shoreham Plant, without a plan you
- 16. would be unable to respond at all?
I
) 17 A What I'm saying is that I don't know what 3I I
18 b resources would be available to respond to an emergency at h
19 a Shoreham.
O 20 Q As County Executive, can you direct the Suffolk Il 21 County Police Department to respond to an emergency at the 22 b Shoreham Nuclear Power Plant?
i E
ACE-FEDER AL REPORTERS, lNC.
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2 l MR. LANPHER: I object. I don't know what -- I
)- g i
3 l think the question is vague.
4 j. I don't know what you mean by "respond to an
) h 5d emergency." What kind of directions are you assuming in ii l
6 that question?
) 7 MR. SISK: Could you read the question back?
8] (The Court Reporter read the question as 9 u requested.) ,
) f 10 c MR. LANPHER: My objection is --
D t
11 ll" MR. SISK: The objection is on the record.
p i
12 !; MR. LANPHER: Well, I'm going to restate it and 13i l! expand upon it. Having had it read back to me, I think it's 14 ! more objectionable than I originally thought, Mr. Sisk.
i It's extremely vague. I don't know what you have 15 [
U 16 h in mind, but the witness can't know what you have in mind b
17 when you say "respond." ;
18 [lI THE WITNESS: I'm not sure how the Police 0
19: Department or how I would direct the Police Department to k,
20ff respond to an emergency at the Shoreham Nuclear Power Plant 21y given the vagueness of the question. {
h l 22 lli, BY MR. SISK: (Continuing) s O
c ACE-FEDERAL REPORTERS, INC.
Nationwide coverage i l 7gg,3g 800-336 6646 l
4750 02 07 28 L
1 GJW/sw 1g Q My question is, can you direct the Suffolk County a
) 2 Police Department to respond to an emergency at the Shoreham 3 Nuclear Power Plant?
I 4 i! MR. LANPHER: Same objection.
)
5i THE WITNESS: The Police Department could be l'
directed to respond. However, the County Legislature has 6f
) 7, passed a Resolution several years ago saying that the b
8I County, including the Police Department, cannot spend any L
9 f resources or have any personnel participate in a
)
10 I radiological emergency or plan for a radiological emergency
- i 11I at Shoreham.
I
)
12 [ So, not knowing what type of emergency you are II 13 g talking about it's very difficult to answer that question.
ll.
14 If it's related to a radiological emergency, the answer is 15 no.
16 [ BY MR. SISK: (Continuing)
L 17 Q Does the Resolution that you referred to prohibit 18 ' the Suffolk County Police and you, as County Executive, from i
19 i responding to an emergency at the Shoreham Nuclear Power
[
20 g Plant?
21 MR. LANPHER: I object to the question. It calls i
22 [ for a legal conclusion. It might be a proper question if f
I f
1:
j ACE-FEDER AL REPORTERS, INC.
Nati nwide Coverage lI 202 4 7 1700
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1 GJW/sw 1 ! you ask what his understanding is.
W The way you phrased the question, it's
) 2h k
3 l objectionable.
4 f MR. SISK: I will call for the witness'
)- ,!
5 !! understanding as an officer of the County and as County h
6f e Executive.
F 7 THE WITNESS: It's my understanding that in the
)
8 j event there is a' radiological emergency at Shoreham, I would 9, not be in a position to be able to direct the' Police 10i Department to respond.
it 11 BY MR. SISK: (Continuing) i 12 i Q Why is that?
h it 13 h A Because the Resolution says that the County is b
14 g
not authorized to participate in an emergency response plan n
15! or in any way. And, that includes the use of personnel or 16 j any other resource that the County might have.
I' 17 Q Mr. Halpin, does Suffolk County have a plan for 18 responding to an emergency at the Shoreham. Nuclear Power it i
19 f Plant?
b n
20 A No, the County does not.
21/ Q Now, in the event of an emergency at the Shoreham i.
22 Nuclear Power Plant, does the Resolution that you have l 3
ACE-FEDER AL REPORTERS, INC.
- ' "*8' 202-347-3700 800 336-6646
4750 02 09 30 1 GJW/sw 1 referred to' prohibit you from responding at all to such an f
p 2dil emergency?
3 l MR. LANPHER: I object to the question. You are 4 f} again using such a broad tern, "respond at all."
1 5 ! If you would be more specific, I think it would 6l be t. lot easier for the witness.
N c
) 7j MR. SISK: That's very specific.
- L '
MR. LANPHER: Well, I object. I disagree.
8 [!
l 9' THE WITNESS: What type of an emergency are you
)
0 referring to?
10 11 BY MR. SISK: (Continuing)
I
) 12 ; Q A radiological emergency at the Shoreham Plant.
13 [ A No. I don't believe that as County Executive I e
I 14 f would be in the position to respond to an emergency at that p
)
15 plant, a radiological emergency. j n
16 Q Why would you not be in a position to respond?
I 17 A The reason why we would not be in a position to F
18 respond is because the County, after doing an exhaustive d
19 ] study as to the liability of developing such an emergency 4
i:
20h plan, came to the conclusion that an emergency plan would be t 21 b unworkable. And, therefore, the County was not going to i
I t
22 : participate in perpetrating a fraud on the people. j O[,
' ACE-FEDERAL REPORTERS, INC.
Nati nwide Coverage
) 202 347-3700
4750 02 10 i 31 I
1 GJW/sw 1 It is our responsibility to protect the health l
2 .l and safety of the people of Suffolk County. We do not
)
3j believe that that can be done at the Shoreham Nuclear Power N
4p Plant if there were a radiological emergency there.
)' f And, therefore, we do not have a plan. And, we 5[)
6' are not participating in the development of such a plan by
)
7y any other entity, because it would be misleading to the 8l public that we are sworn to protect.
0 9 Q Let's pose the question this way, and I will pose
) Il 10 [ it as a hypothetical.
13 Assume the following facts: The Shoreham Nuclear E
) 12 Power Plant has been licensed to operate at full power. It has been so licensed based on the NRC's approval of the 13[n I, 14 i, LILCO plan. All appeals have been exhausted. All judicial i U 15 ll remedies have been pursued. And, the plant is operating.
b 16 There is an emergency at the plant, and you are notified
) 17 .] that LILCO recommends evacuation of part of the emergency b
18 :l planning zone.
19 f Now, as County Executive, how would you respond b
20 ll in that circumstance?
I' e
21 0 MR. LANPHER: I object to the hypothetical, 22 [ Mr. Sisk. It is multiple in the extreme. It assumes facts 4
n i,
f ACE-FEDERAL REPORTERS, INC.
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1' GJW/sw 1 I that are very much in dispute. You haven't described the :
i
_2 ! kind of emergency.
[
. i 3 ! You have assumed that there is a notification, 4 -
but that's not established. That's a further assumption. ;
5f -So, it's multiple and there are no bases for the ,
Il 6 ;
assumptions.
t
) 7; You may attempt to answer.
8 THE WITNESS: Mr. Sisk, I have real difficulty 7
i e i V
r 9; answering that question, because it's difficult to know, you f 10, know, what might be happening at that time, where I might t
i i
) 11 [ be,.and what -- you know, to look into the future to assess, i h
12 0 you know, all of.the factors that might be involved in the f h i 13 k event that there were a serious accident at the Shoreham i
i 14 , Nuclear Power Plant. .
il '
So, I really can't speculate, you know, what my l 15 lll l I
i 16 li response would be.
l 17 ;
BY MR. SISK: (Continuing) i !
+
18 ) Q What resources of the County, departments and f
1 :
i t
1 19 j agencies, would you be able to direct in responding to such ,
]' i 20 an emergency?
l 21 MR. LANPHER: Are you asking for him to assume l
l l 22( the same hypothetical circumstances? !
ll i
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l ACE-FEDERAL REPORTERS, INC. !
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) !
- 4750 02 12 - l 33 3 GJW/sw 1 MR. SISK
- Yes. I said "such an emergency."
i
) 2[ MR. LANPHER: I object to the question. It is 3, calling for speculation.
I 4[ THE WITNESS: I don't know what resources would
) U 5" be available, because again it's very difficult for me to
' C i
6 speculate as to, you know, what might be happening, you 7h know, at that time that you described in your hypothetical h
8l question.
f I
9 So, I don't know vhat, you know, County resources
)
10 I could be directing to respond to such an emeroency.
11 BY MR. SISK: (Continuing) ii
) 12 ;4 Q Does Suffolk County have a police department?
13 A Yes.
h 14 .; Q As County Executive, do you have the authority to
) I, .
15 direct the Police Department?
16 ll ,
MR. LANPHER: I object to the question. Asked ll 3
) 17 ; and answered.
18 [h THE WITNESS: I'm sorry. What was your I:
a 19 objection?
20 MR. LANPHER: Answer the question.
L THE WITNESS: As County Executive, the answer to 21f F e
22;I the question is yes, I could.
0
) ACE-FEDER AL REPORTERS, INC.
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4750 02 13 34 bi 1 GJW/sw 1[i BY MR. SISK: (Centinuing)
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) 2 j,
Q Does Suffolk County have a Department of Fire, 3 Rescue and Emergency Services?
t b
A les.
4[
) f-5I Q Is there a Division of Emergency Preparedness 6l within the Department of Fire, Rescue and Emergency
) 7g Services?
I 8 A Yes, there is.
E Q As County Executive, can you direct the
)
9h f
10 Department of Fire, Rescue and Emergency Services? ,
11: MR. LANPHER: I object to the question. You
[
} 12 p haven't specified under what circumstances.
h 13 it BY MR. SISK: (Continuing) h L
14 Q Can you answer the question?
15 [ A Direct them to do what?
16 Q Can you direct them in responding to an emergency of any type?
17f t
i 18 '- A It would depend upon the emergency.
i .,
1 19 [ Q Do you have the authority to direct them in L
responding to an emergency?
20[ '
21 A In the event that there were an emergency that l
22 they were responsible for responding to, the answer is yes.
l i l' '
l Acn-FEDER AL REPORTERS, INC.
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) 35 4750 02 14 ;
i 1
GJW/sw 1j Q Does the County have a Department of Health l
) 2}- Services?
I 3 A Yes, it does.
1
[ 4h Q Do you have the authority to direct the l
)
5g Department of Health Services in responding to an emergency i a,
6 .I' of any type?
.I i 7 MR. LANPHER: Same objection.
8 THE WITNESS: Again, it's a very open-ended 9j question. It depends on the type of an emergency.
)
10 Wll BY MR. SISK: (Continuing) 11 ll Q Let me clarify. I'm not asking how you would ii li
) 12 y direct them specifically but whether you have the authority li 13h to direct them in any number of ways in responding to an I
14 t emergency?
)
0,,
15 lj MR. LANPHER: I object to the question. He I!
16 already has answered it.
I THE WITNESS: Again, I think I've answered that 17 f li 18 g question. It would depend on the nature of the emergency as I.
19 4 to whether or not I could direct them to respond to that il 20 emergency.
l
' 21 )
BY MR. SISK: (Continuing) -
22 f Q Mr. Halpin, just so I understand, are you saying
}4 ;
' ACE-FEDERAL REPORTERS, INC.
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4750 02 15 ' 36 1 GJW/sw 1 j that in certain types of emergencies you would not have the d
) 2( authority to direct the Department of Health Services to l
3 j respond?
4- l A Well, you are asking me to give you a specific 1
)
5 l answer to a very open-ended question. If you asked me if I 6 9 have the authority to have them to respond to a Lyme disease l il
) 7I emergency where people are being bitten by ticks and getting 8 I Lyme disease, the answer is yes, of course, I could. That's 98 their responsibility.
) Il b
10' But, if you are asking me about some other type i!
11 e of emergency that wouldn't fall under their jurisdiction,
) 12 5 then it would be inappropriate for me to direct them or to I
13 U get them involved.
i Q Do you have the authority to direct the 14 ll i!
15 [ Department of Health Services in responding to an emergency
'i 16 I within that Department's jurisdiction?
I
)
17 i A Yes.
18 4
Q Does Suffolk County have a civil defense plan?
l' 19 MR. LANPHER: I object. Irrelevant. The plan 7
f 20p that is being discussed in this proceeding is the LILCO
- i 21,l' plan.
t All these questions about other County plans and 22 l i
i 1
ACE-FEDERAL REPORTERS, INC.
Nationwide Coserage 202 347 3700
)4750 02 16 j 37 -
1 GJW/ww 1; the like are simply irrelevant.
l You may attempt to answer.
) 2 3 THE WITNESS: I'm not sure if the County has a 4j civil cafense plan. I haven't seen that particular
) 4 5! document.
h
.6 l BY MR. SISK: (Continuing)
}
) . 7 j Q Do you know whether the County receives funds h
8 :
from the Federal Emergency Management Agency to assist with 9 civil defense plans?
) l 10 MR. LANPHER: I object. Irrelevant.
THE WITNESS: I believe that they do, but I'm not ,
11lI -
) 12 q positive.
13 !- BY MR. SISK: (Continuing) !
l- I 14 Q I assume if you are unsure, you don't know how !
)
I..
15 those funds are expended or what they are used for if they l
i I
16h exist? '
)
17 j A What I'm saying is that I have not reviewed the ,
ll 18 [
operations of that particular agency within the County l!
19 4 government to tell you how much of that is funded from other '
i 20 : sources and how much of that comes from County funds and how l l
those goveenmental resources are allocated.
21[l ii t
22h I know they have a bunker out there and somebody l !
l l
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ACE-FEDERAL REPORTERS, INC.
l jj Nationwide coverage g,3p,3g .
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4750 02 17 , 38 h
p 1 GJW/sw 1j sits there. I think there is a spot reserved for the County i
)
2 Executive.
3 (Laughter.)
4 ii Q Okay. Now, as the County Chief Executive Officer I
}
U 5 and as the person in charge of the County's responses to P
i 6
4 emergencies, are you bound to follow the provisions of I
) 7 I; federal law?
b 8 I. MR. LANPHER: I object to the question. That is 4
9 ir. relevant and calls for a legal conclusion. And, it's
) b 10 vague.
11 h What provisions of federal are you talking about?
d
) 12i); BY MR. SISK: (Continuing) 13 i: Q Can you answer the question?
h 14 , MR. LANPHER: Nobody could answer that question, 15 'ti Dennis. Come on.
16 THE WITNESS: It would be very difficult for me 17 y to answer that question. I'm not sure of what you are b.
18 talking about.
19 BY MR. SISK: (Continuing)
I; Q Mr. Halpin, let me ask you to turn to Exhibit 2, 20[ i 21 which is your testimony in this proceeding, specifically C
22l Page 3 of the affidavit that is attached to the testimony.
li
,it, i ACE-FEDER AL REPORTERS, INC. I
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l
,! I 1 GJW/sw 1 j MR. LANPHER: The one with Roman II on it, County i l- :
) 2 ' Policy? !
}
3 MR. SISK: Yes. j 4 i MR. LANPHER: All right. l I l }
BY MR. SISK: (Continuing) 5f !
Il '
6j Q Under Paragraph Number 6 of that affidavit, the i
e i !
"I hereby affirm my agreement with,
) 7 l first sentence states: j 8! and I hereby adopt as part of this affidavit, Attachments l 9 3-5 hereto," l 1- l 10 :l Have I read that correctly? :
L f -
11 A Yes, you have. {
4 12 i Q Attachment 4 to this affidavit, if you would turn j u
13 j -back to that, appears to be a statement of Suffolk County !
i .I 14 Executive, Peter T. Cohalan, dated June 23, 1986.
i .
l 15 '
Is that correct? ;
i ;
16 .
A Yes, it is. ,
1 I
17 Q And, you have stated your agreement with that
! l 18 0 statement; is that correct?
!' - r 19 I A Yes, I have.
}
20 Q I will ask you to turn to Page 5 of that
- 21 (c statement. -
I I
22 : A Yes. !
1 l 1 i t
,I ACE-FEDER AL REPORTERS, INC.
l Nati nwide Coserage l U 200 347 3700 600-336 6645 ,
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l' GJW/sw 1 Q The middle paragraph on Page 5 of that statement
) 2 g says, "First, LILCo's fiction retrieves the discredited f
3[ theory on which the NRC licensed nuclear plaM s before the li 4i Three Mila Island accident. Then, there was no pre-planning 5g or integrated planning required for state and local l i
r 6f governments with the utility. The NRC simply assumed that i
) 7h, if there were an accident, the governments would know how to l t
8 act alone and with others in response. The Three Mile -
b Island accident proved this assumption to be wrong.
9[ '
L f, 10l Following Three Mile Island, Congress passed laws and the l,
l 11I NRC made regulations that require pre-planning and 3
l 12 integrated preparedness. There is no pre-planning or 13 ij integrated preparedness at Shoreham."
i b 14 ( Have I read that corr 3ctly?
r A Yes, you have.
15 h -
! 4 16 ll Q Now, Mr. Halpin, do you know why -- just 17 expanding on this statement -- Congress required i
18 l pre-planning for radiological emergencies?
, p MR. LANPHER: I object. Irrelevant. That's not i 19 f '
6
! an 2scue in this proceeding. It airo calls for speculation. ;
20f f
21I THE WITNESS: Yeah, I'm not familiar with the i l 22 legislative history that went into that particular statute. !
- l. L ,
f
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t L ACE-FEDERAL REPORTERS, INC, ,
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But, as Cohalan describes in his affidavit, after Three Mile !
1 GJW/sw 1f F ,
L 2 fj Island Congress decided to require that such planning be 3 done.
!i 4 l BY MR. SISK: (Continuing) L I i 5 jl Q Mr. Halpin, can you tell me what is meant by the I
I 6 !! words "discredited thoory" in that paragraph?
I
)
7 MR. LANPHER: Do you need to review other ;
I 8[ portions?
l(
9 li THE WITNESS: I have to put it in context. i i [
D v
10 (The witness is looking at the document.) !
11 ll THE WITNESS: Okay. What was the question again?
12 BY MR. SISK: (Continuing) 1 13 k Q The question is, what is meant by the words 14 I. "discredited theory" in that passage?
d 1 4
15 i A The -- I believe it is meant in the context that i i
16 [ the NRC presumed that state an.1 local governnents would ;
\ '
automatically participate in entrgency responses in the 4
17 !
18 event that there were an accident, whether or not those i
d 19 I: responses would be adequate to truly protect the public. ;
V C
20 l! Q Do you agree that pre-planning for radiological d
21l emergencies should be required as a condition for the -
l-22 L P
operation of a nuclear power plant?
o I !
4 l i ACE-FEDERAL REPORTliRS, INC.
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1, GJW/sw 1 MR. LANPHER: I object to the question. That is
) 2 ;! vague. l i l 3
l What do you mean hy "pre-planning?" And, what ;
I 4 l assumptions? It also calls for speculation. Are 'lou ,
) 0 p
5i assuming that the pre-planning leads to an effective plan or 4
1 6 i not?
. l I MR. SISK: Let me state for the record that I !
7
)
8f read a passage of a statement from Mr. Cohalan, which the f . >
t 9i witness has endorsed fully in his affidavit, which is in E ,
l' 10i turn incorporated into his testimony.
fa li i; I am simply asking the witness to expand upon b
12 S this passage by telling me whether he agrees that l
- i 13 i pre-planning generally should be required es a condition for I
! 14 the operation of a nuclear power plant.
t i
15 j MR. LANPHER: My objection stands. I think the j i f
- 16 question also is vague. l i ,
17 ; If you understand it, you may answer it.
i
\
18 THE WITNESS: It's a very difficult question to j N
- 19 q answer simply because I believe that any planning should be
{ ;
20 i;f part of a bona fide emergency plan that would work. And, l
- I I i 21 the only thing I can talk about in particular is as th'ye I h }
! relate to Shoreham, i 22 h l, 1
. l l l
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[ '
0 1 GJW/sw 1q It is Suffolk County's belief and contention that ,
) 2 ,
an emergency response would be impossible in the event that 3 j there were a radiological emergency; and, therefore, any I
4[ planning, you knot., that might be part of that would be
) 'l '
5! ,
fiction and it wouldn't result in the public being I
6 protected. ;
I ;
) 7 BY MR. SISK: (Continuing) 8? Q Is that the determination that you are referring
. i
[
to in the County Resolutions?
9[
L 10 I A I'm sorry. What was the question again?
i t MR. LANPHER: I also got lost. What [
11 [
f 12 determination did you mean? f i
13 : Maybe I missed a word in his answer. l b i 14 MR. SISK: Can we go off the record a second?
15 MR. LANPHER: Sure.
16 (Whereupon, a recess is taken at 2:55 p.m., to i
17 reconvene at 3:06 p.m., this same date.)
l 18: BY MR. SISK: (Continuing) 1:
19y Q Mr. Halpin, I'm going to continue for a moment i l
20 with the passage on Page 5 of Mr. Cohalan's statement, This statement indicates, "The Three Mile Island 21[t L
22[ accident proved this assumption to be wrong." Can you tell ;
k ;
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ACE-FEDERAL REPORTERS, INC.
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- 1 GJW/sw 1 i me, Mr. Halpin, what assumption was proved to be wrong by I
y 2 the Three Mile Island accident?
3 A That governments would know how to act and j
41 respond to a radiological emergercy.
I l
5 .i Q And, that is without pre-planning, correct?
l 64 A Without a plan, correct.
l
) 7I Q So, the net result, according to this passage, l
l 8" was that planning, or as this passage states, pre-planning, 9 was required in connection with the licensing of nuclear 10 ; t power plants; is that correct?
11 MR. LANPHER: I want a clarification. You said 12 $ the "net result." The net result of what?
13 MR. SISK: The net result of the assumption being l 14 g proven wrong.
1 (No response.)
15 ll h
16 MR. SISK: Let me try to rephrase it, l
DY MR. SISK: (Continuing) 17 g;
' 18 f I
Q Mr. Halpin, was the net result of the Three Mile 19 E Island accident that Congress and the NRC required b
20 pre-planning as a condition for a federal operating license B
21 for a nuclear power plant?
O p
22 i A It's my underst.ar. ling that as a result of Three b
li ACE-FEDER AL REPORTERS, INC.
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! l 1
I 45
!4750 03 07 1 GJW/sw 1 Mile Island, there is a requirement that there be an l
j 2 ;I; .
effective emergency response plan for all nuclear power 3 plants.
I 4 Q Do you agree with that determination?
I i 5 l MR. LANPHER: I object. That's irrelevant.
6 THE WITNESS: I'm not a member of Congress, and I:
7 '! certainly I'm not in a position to take a position on that.
) :
i 8j So, I don't know whether that is relevant.
9 That is, you know, a federal requirement, ii 10 y BY MR. SISK: (Continuing)
I 11 l Q My question to you, Mr. Halpin, as County l
12 Executive, is do you agree with that federal requirement?
l! ,
13 i MR. LANFHER: I object to the question. He has already answered.
14 "l 15 He said he can't agree or disagree.
16 ! THE WITNESS: It's my position, you know, that 17 that is a federal requirement. And, I'm not in the position
[
18 to -- it's really irrelevant to the situation today.
l!
19 [! BY MR. SISK: (Continuing)
Q If emergency planning was not required as a 20fJ li 21[ condition of a federal operating license, would we be here 0
22[ today?
4 h
!i I.
! ACE-FEDERAL REPORTERS lNC.
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1 l
'4750 03 ~ 08 i 46 i l l
1- MR. LANPHER: Could I have that read back, GJW/sw 1f i j
I 2j please?
i 3 l (The Court Reporter read the question as requested.)
4 [f MR. LANPHER: I object. That's obviously an 5l I, II 6 irrelevant question. It's not a serious question either.
7 ;f He is attempting to answer the questions. I
'i 8 think you ought to ask serious questions.
h 9 THE WITNESS: I would presume that you would 10 !l rather be spending your time some place else. But, yes, 11 !! there is a requirement and that's why we are here today.
12 BY MR. SISK: (Continuing)
Q As County Executive, Mr. Halpin, do you agree l 13 ]
i 14 -
that -- or, would you agree that planning for a radiological i
15 f action (sic), if that planning is done properly, is better I
16 1 than no planning at all?
l 17 MR. LANPHER: I object to the question. I don't 18 d know what "planning done properly" means.
'!i 19 'l Does that include the concept of whether it can 20 j be effective?
21 ! MR. SISK: Yes.
22 THE WITNESS: I believe that a plan must work.
li i
- h ACE-FEDERAL REPORTERS, INC.
l
- ' "' E' l 202 147-3700 800 336 6646
4750 03 09 m--- 47 1 GJW/sw 1 , And, you just simply cannot have a radiological response 2 plan that is part of a report and incapable of 4
3 i implementing.
. 4 So, planning for the sake of planning is 5}. meaningless. And, in fact, it's probably worse, because you 6 are really giving the public a false sense of security.
7 BY MR. SISK: (Continuing) 1 8 'f Q Mr. Halpin, if. emergency planning can be done in 9 a manner that effectively protects public health and safety, 1
1 10 ,l is it better to proceed with planning than not to proceed
!i li ii with planning?
o f
12! MR. LANPHER: I object to the question. It calls i
13lj, for speculation.
I 14!, What facts are you asking him to assume?
I.
15 MR. SISK: I'm questioning the witness on a 16 I
statement that is contained as an attachment to his i
17 affidavit.
18[n MR. LANPHER: Could you direct us to the specific l!
19 ;. stdtement you are referring to, please?
l' 7
'- 20pf MR. SISK: I am referring to it throughout.
l 21l: MR. LANPHER: I don't recall the statement that
- 0 22 you just attempted to paraphrase apparently.
i a
l ACE-FEDERAL REPORTERS, INC.
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- 1 GJW/sw 1 BY MR. SISK: (Continuing) l
-2 l Q Mr. Halpin, since you are obviously unable to
! ~
3 answer that question, let me just ask you this.
4 What law governs whether emergency planning for a f
5 nuclear power plant is or is nct adequate to protect public I
6 l health and safety?
.i 7 I MR. LANPHER: I object to the question. That's j 8 clearly calling for a legal conclusion, li 9l Mr. Halpin is not a lawyer. You have his t
i 10 j resume. That's just a totally improper question. He can't e
11 possibly answer that.
l l
{' 12 l BY MR. SISK: (Continuing) l l l
13 I Q Can you answer the question?
i 14 A I can't. But, I'm sure we would be able to i
15 f research that and to respond to your question in the future.
f I 16 l Q Are there federal laws and regulations which I 17 govern emergency planning for nuclear power plants?
1 18 A Yes, there are.
! i f 19 1 Q And, are those the laws and regulations that are l 20 I
referred to in this passage from Mr. Cohalan's statement?
l 21j A That is my interpretation of that, yes.
Ii 22 ll Q Mr. Halpin, let me return to what has been 0
1 ACE-FEDER AL REPORTERS. INC.
- " " * **8' 202-34' 3700 800 336-6646
4750 03 11 49 i
'l GJW/sw 1 ! identified as Exhibit 3 to this deposition, Article 2-B of I
l 2 l I
the New York Executive Law.
3 Mr. Halpin, as County Executive, I believe you 4 stated earlier that you are bound and sworn to uphold the 5 State constitution and State laws; is that correct?
l 6 ,
A That's correct.
7l Q Mr. Halpin, I'm going to refer to Section 20 of k
8 ll Article 2-B of the New York Executive Law. Section e N
9 l states, "state and local plans, organizational arrangements, 10 and response capability required to execute the provisions 11 h of this article shall at all tirees be the most effective ll 12 1 that current circumstances and existing resources allow."
13I Have I read that correctly?
h i j 14 A Yes, you have.
15 If Q And, referring back to Section 20.c, it states, ll 16 9 "state and local natural disaster and emergency response l
17 i functions be coordinated in order to bring the fullest
'i 18 protection and benefit to the people."
i Have I read that correctly?
19]l I 9
20 ll A Yes, you have, h
21j P
Q And, under Executive Law Article 2-B in those k
i; 22 , references to disaster, that includes, does it not, o
,. O o
kL ACE-FEDERAL REPORTERS, INC.
l * * '#* I' 800-336-6646 I 202-347 3700 _ . _ _ _ . .
- 4750 03_12 j 4 1
- 1
- .GJW/sw 1 l radiological accidents?
2 ) And, if it will assist you, that's Section 2.a on L
3 the following page. Is that correct?'
. 4 j A That's correct.
5 !! Q' As a general proposition, as County Executive, do i
6l i you agree with those policies of State law?
7j MR. LANPHER: I object to the question. It's
' I 8 'f vague. I don't know what you mean by "agree with those 9 policies." In what context? For what emergency?
1 10 g Are you talking for a Shoreham emergency? Are 11 you talking about the County's policies?
i!
12 ij MR. SISK: I stated as a general proposition.
k 13 ., That was part of the question.
i 14 MR. LANPHER: Well, it's such a general and vague 15 ) question, I don't think you can get a meaningful answer.
'l 16 THE WITNESS: I'm not sure I know how to answer i >
17 that. As I said before, I'm sworn to uphold the State i
18 ,' constitution.
h n
19 ,
Therefore, you know, it really would depend on
[
the nature of the emergency.
20 lil 21 f BY MR. SISK: (Continuing) 22 f Q What would depend on the nature of the emergency?
?
- i ACE-FEDERAL REPORTERS. INC.
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4750 03'13 51 2 GJW/sw 1 A That was the first part of your question. Your 2j previous question, that was an answer in response to your 1
0y previous question.
4 What was your previous question?
5 !! Q The previous question was whether you generally Il 6 agree with the policies set forth in those provisions of n
7 ] State law which I've just read?
8 ,
A Well, as I said to you, I am sworn to uphold the I
9 law, i
10 , Q And, I believe your previous answer said that i
11 something may depend upon the particular type of emergency; i'
12 is that correct?
i 13 l A Let me clarify that. The law -- I'm sworn to I
14 uphold the State law. And, to the best of my ability, I try 15 !
to,do that.
16 But, it's very difficult to answer, you know, i
17 such a broad question without, you know, some type of --
!i 18 ;l without making it a little bit more specific.
It i!
19 i Q Okay. Let me ask it this way. In the event of I
20 an emergency at the Shoreham Nuclear Power Plant, are you l
21 'l bound to follow Article 2-B of the Executive Law?
MR. LANPHER: I object to the question. I object 22 h i
- ACE-FEDER AL REPORTERS, INC.
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I 4750 03 14 52 i
2- GJW/sw' 1 to this line of questioning, because there is an insinuation f
2 that Suffolk County is not following Article 2-B.
3 And, that has been litigated, as you well know, Mr. Sisk,-by Suffolk County and LILCO.where Suffolk County's 4l :
5 determination not to adopt a plan was upheld by the New York 6fh Court of'Apoeals, 4
7 So, I think this is an improper line of i
8 : questioning. Plus, it's calling for legal conclusions.
9 j MR. SISK: Could you read the question back, 10, please.
11
~
(The Court Reporter read the question as 12 requested.)
13 j; THE WITNESS: I'm not intimately familiar with 14 every aspect of this particular statute. And, I'm not sure l:
15 :l how it would relate to an emergency at the Shoreham Nuclear l
16 Power Plant.
17 BY MR. SISK: (Continuing) 18 N Q If there is a relation between the statute and an 191 emergency at the Shoreham Nuclear Power Plant, are you bound b
20 to follow this State law in the event of such an emergency?
d
- 21) s MR . LANPHER: I object. He said he is not --
22 MR. SISK: I understand.
m 0
IlI. '
O 1 ACE-FEDERAL REPORTERS, INC.
l 202 347 3700 N'N "** C ** 8' 800 336-6646
4750'03;15 I 53 2- GJW/sw 1 XR. LANPHER: -- familiar with this. You are 2 asking him to speculate about something he is not familiar i
3 .j with.
4 Now, if you would like him to review all of 5 Article 2-11, then we ought to go ahead and.do it.
l 6 ; BY MR. SISK: (Continuing) 7 Q Can you answer the question?
I I think I've answered that question.
8 j A ll 1 As County Executive, Mr. Halpin, are you 9 Q i
10 generally familiar with Article 2-B of the Executive Law?
1 11 [,
A What do you mean by "generally familiar?"
h Well, can you describe for me the extent of your 12J Q 1
13 '
familiarity with Article 2-B of the Executive Law? l l
I A Frankly, it's -- I'm not intimately familiar with 14 f.
h 15 ] all of the sections of the Article 2-B.
16 ! Q Let me ask you to refer very quickly to Section l
' 25 of th:s New York Executive Law, Article 2-B.
17 ,li 18 j (The witness is complying.)
Y1 19,i Subsection 1 of Section 25 states, "Upon the 7
h threat or occurrence of a disaster, the chief executive of 20{a 21!! any political subdivision is hereby authorized and empowered i
22 to and shall use any and all facilities, equipment, l
l I!
i ACE-FEDERAL REPORTERS, INC.
- Ni a*id' Cov"'s' I m.uv.37% mum
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1; GJW/sw-1{ !
supplies, personnel and other resources of his political 2 subdivision in such manner as may be necessary or i
3 appropriate to cope with the disaster or any emergency 4 resulting therefrom."
l 5 Have I read that correctly?
6 A Yes, you have.
i ,
7' Q In the' event of an emergency at the Shoreham 8 Nuclear Power Plant, as County Executive, would you be bound ,
I:
9 to follow this provision of State law?
i s,t 10l MR. LANPHER: I object. It calls for a legal 0
ll i conclusion. Plus, it's calling for him to speculate.
i 1 THE WITNESS: You know, it's very difficult for 12 !j!
-13 ll me to speculate, given the fact that, you know, I don't I
14 know what the nature of the emergency might be at the 1
l l
l 15 ; Shoreham Nuclear Power Plant.
L L 16 . BY MR. SISK: (Continuing)
L t l 17 l Q Are you saying you might not be required to
(. follow this provision of State law?
18 [
Y A No, I didn't say that. What I said is that --
l 19 ]
20 j you are asking me to speculate about an emergency at the d
-21 U Shoreham Nuclear Power Plant, and it's difficult for me to 22 h do that without knowing, you know, what the particular l!
. h l
l l
l ACE-FEDERAL REPORTERS, INC.
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4750 03 17 ! 55 l
1 GJW/sw 1 situation might be or whatever the given time might be that l
i 2 that emergency could possibly occur.
i Q Mr. Halpin, are you simply trying to indicate 3h 1h 4[ that you can't say exactly how you would follow this d
5[ provision, but that you would follow it to the best of your b
- 6) capabilities?
7 i;[l _ Is that your answer?
8 j{ MR. LANPHER: I object.
l1 9 [; BY MR. SISK: (Continuing) i 10 Q If not, just tell me what it is.
D 11 MR. LANPHER: I have a continuing objection.
I 12 [j This is an extremely complicated law. It has been litigated I;
13h a lot, and we will probably continue to disagree with what h
it means.
t 14 [i I l 15 l And, to pursue questions with Mr. Halpin, who
)
l 16 ( says he is not intimately familiar with the specifics of l
l 17 hl this law and ask him for legal conclusions, I think it's i f l 18 very unproductive and I object. I don't think it's proper I
i.i 19 ji questioning.
N 20 ! You may attempt to answer.
1 21 THE WITNESS: It's difficult for me to be more 22[ specific. Frankly, as it relates to the Shoreham Nuclear 0
b it l
ACE-FEDER AL REPORTERS, INC.
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! 202 347 3700 800-336 6646
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l i
8 GJW/sw 1 ! Power Plant, it is our position that an emergency plan J
t 2 ;
cannot be fully implemented; and, therefore, the plant i
3 f shouldn't get an operating license.
4 So, you are asking me to speculate about i
5f something that, from my point of view, isn't going to Y
6} happen.
7 BY MR. SISK: (Continuing) i 8j' Q All right. Let me ask you to speculate in that 9 ! fashion. I want to return to a hypothetical that I posed s
10 0 earlier and again ask you to assume the following facts:
P 11 ! The Shoreham Plant has been licensed. All 12 j judicial appeals have been exhausted. The plant is
,l 13 h operating. LILCo notifies you that an accident has occurred ,
I 14 j and recommends that a portion of the EPZ be evacuated.
In that circumstance, as County Executive, would 15 h i
16 , you respond?
17 MR. LANPHER: I object to the question. It's i
18;I multiple. Ycu have not specified how they would be V
19 6 notified. And, you've not specified what you mean by b
20h "respond." I don't know what you mean.
b 21 [! MR. SISK: Let me state for the record that there h
22[ are assumptions within the question which are assumed facts, l
j d
l ACE-FEDERAL REPORTERS, INC.
l Nationwide Coverage l
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8 GJW/sw 1 ; The question itself is singular.
2 BY MR. SISK: (Continuing) h' 3 Q And, the question is, assuming those facts, would 4 you respond?
5 MR. LANPHER: My objection stands. I think the b
6 ll question is vague in addition to all my other objections.
ll 7 You haven't specified what you mean by "respond."
i 8 l THE WITNESS: I would have great difficulty 9 , taking any action because I wouldn't know what an f
ll 10 4 appropriate response would be, given, you know, the vague i
11 nature of your question.
- 12. BY MR. SISK: (Continuing) t i
13
~
Q How would you go about determining -- well, let I
14 me ask you this. First, would you respond?
ll '
15 A In what way?
i 16 i Q At all?
17 !. A I'm not sure what -- respond to what, a ll l
18 jj radiological emergency at Shoreham?
o 19 i Q Yes.
1 J
20 fj A And,- do what?
21 ! Q My first question is, would you respond?
22 MR. LANPHER: I object to the question. The I
ACE-FEDERAL REPORTERS. INC.
' ' 8 ' 800 336-6646
. - _ _ _ - 202 347 3700 - . . _
'4750 04 03 ; 58 l
t 1 GJW/sw 1 witness is obviously having a difficult time answering your 2li question, because he doesn't understand what you mean by I'
- 3) "respond."
4 That was my objection before. And, the --
5 MR. SISK: Let me put it this way.
6 MR. LANPHER: Let me finish my objection, i
7 please. The witness still couldn't answer the question.
l 8 l I think you ought to rephrase it, Mr. Sisk, i
9 i BY MR. SISK: (Continuing) t 10j Q Assuming the facts that I have listed, as County
- 11) Executive, would you do anything?
12 ! A The answer is, I would not be in a position to do l
l 13 l; anything becauce I would not know what an appropriate 14 response would be.
n 1511 Q Why wouldn't you know?
6 A Because there isn't an emergency plan that would 16l!
h 17 I! work in the event that there was an evacuation called for 6
l 18 y at the Shoreham Nuclear Power Plant.
9 19 !j Q So, you would be unable to respond without a b
plan?
20]
21 A No. What I'm saying is that no plan could be N
22 ;: developed to properly respond to such an emergency at 4
i ACE-FEDERAL REPORTERS, INC.
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1 GJW/sw 1.f.Shoreham.
,I 2 ,
so, you are asking me what my response would be t
I 3 in the absence of a plan that could work.
l 4 Q That's what I'm asking you.
5 A Yeah. And, I'm saying that I would not be in a Y
6i position to be able to respond anyway.
7 Q You would not be able to respond; is that 8 correct?
9 A That's right.
I Q And, if you were unable to respond, does that 10 l!
11I! mean that the County government would not be able to it 12 ll! respond?
l 13 n A Well, I'm the County Executive and -- yes. The l!
14 ij answer is that County government would not be able to F;
15l respond.
i 3 16 Q If --
17!! MR. LANPHER: Excuse me.
ii 18 il (The witness and Mr. Lanpher are conferring.)
3 19 [ MR. SISK: Let the record show that the witness i
p 20!i is conferring with his counsel.
!I il And, let the record show that it is 21C MR. LANPHER:
?
22[ perfectly proper for counsel to confer with my witness.
f' t
ACE-FEDER AL REPORTERS, INC.
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1 2 GJW/sw 1 THE WITNESS: Let me just clarify this one 2 ; point. I don't know what my response would be in the event I
3 l that the hypothetical that you posed to me occurred.
4 ) BY MR. SISK: (Continuing) 50 Q Are you modifying your answer, Mr. Halpin?
I 6! A No. I'm trying to clarify that answer so that I 7j can make it clear.
8 l You posed a hypothetical question, and to that 9j hypothetical you are asking me to presume a lot of things e
i 10 and it's very difficult for me -- it would be difficult for
!i
- l 11 me to predict what my response would be in the event that 1
12 that hypothetical question that you posed ever occurred.
13 Q Okay. Assuming the hypothetical facts, would you l
14 be able to respond at all in the abse.nce of an emergency 15 [ plan?
!i 16 lI MR. LANPHER: The sr.ma objection. I don't know 0
h 17 li what you mean by the term "respond."
18 ( THE WITNESS: You know, again you are asking me b,
19 i to respond to a hypothetical situation. And, it's difficult ll 20 ! for me to answer what my response would be to such a vague 21 question.
9 22 l! MR, SISK: I am going to hand to the Reporter and l
!i l
i ACE-FEDERAL REPORTERS, INC.
j Nationwide Coverage g,3g,3g )
G750 04 06 61 l
2 GJW/sw 1 ! ask him to mark as Exhibit 4 to this deposition a letter to I!
t 2i James P. Gleason, Chairman; Dr. Jerry R. Kline and i
3 Mr. Frederick Shon of the Atomic Safety and Licensing Board, 4 dated April 15, 1988.
5 It is from the firm of Kirkpatrick & Lockhart and 6l is signed by Mr. Lanpher.
7 f (A letter, dated April 15, 1988, to James P. Gleason, Jerry R. Kline and Frederick 8l I
9 l J. Shon from Mr. Lanpher, is marked as 10 h Halpin Deposition Exhibit Number 4 for f
11 identification.).
12 BY MR. SISK: (Continuing) 13 l Q Mr. Halpin, I will ask you to turn to Page 2, the i
14 bottom of Page 2 of that letter.
I 15 ; And, by the way, let me ask you, have you l
16 ; reviewed this letter prior to this moment? ,
l 17 l A This particular letter?
18 $ Q Yes.
b 19 l A No. This is the first time I'm reviewing this.
20 Q If you will turn to the bottom of that page, it E
21 6 states, "First, the individuals whom the Governments have 22 designated as witnesses have been so designated because they I!
0 0
il ACE-FEDERAL REPORTERS. INC.
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1 I
'750 3 04 07 , 62 I
I 6 ~ GJW/sw 1 i are high ranking County and State officials who are able to
? l speak,. knowledgeably, authoritatively, and on behalf of the 2f I i 3 Governments, on the matters at issue. Further, since the l
. 4 ! matter at issue here is the intended action of the 5 , Governments, the Governments are entitled to designate the I
6 persons to appear and speak on their behalf in a legal li 7l proceeding such as this, and this Board must respect that 8 j, right."
li 9 Have I quoted that correctly?
10 lp A Yes, you have.
i; t
- 11) Q Mr. Halpin, is there anyone in the County i
l 12 j government who is more knowledgeable than you who would be 13 '- able to tell me what the intended actions of the governments 14 ,: are in the event of an emergency at the Shoreham Plant?
e 4
15\! A No. That's my responsibility.
k Q Mr. Halpin, as County Executive, is it your 16 ll i
17 j responsibility to protect the health and safety of the I
18 public?
MR. LANPHER: I object. That was one of your 19 l b
20y first questions. Asked and answered.
o s
21 t,! BY MR. SISK: (Continuing) i 22 l Q The answer to that was yes, I believe?
l i _
l ACE-FEDERAL REPORTERS, INC.
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4750 04 08 i 63 1
1 GJW/sw 1 A Yes, it was.
2 Q Returning to my hypothetical, if the Shoreham i
3 Plant vere licensed to operate, all judicial' appeals were 4 exhausted, the plant is in operation, LILCO notifies you 5! that an emergency has occurred and they recommend evacuation I
ll 6i of a portion of the EPZ, now assuming that, Mr. Halpin, you f
7 might have to face those facts, would the County in that I
8 ! instance proceed to put in place an emergency plan to permit 9; you to respond?
10 j MR. LANPHER: I object to the question. It calls y
li f for him to assume a fact that is not available. He has 0
12 [ already told you that the County does~not have an emergency
~ !!
13 !i plan.
[
14j; Are you csking if the County would implement s
11 15 4 LILco's plan?
b MR. SISK: No. I'm asking if the County would 16 ll N
1 17 h proceed with a plan of its own.
4 18 b MR. LANPHER: He has already testified that he h
19 doesn't have a plan of his own. I object to the question.
20 f BY MR. SISK: (Continuing)
.i i!
21f Q Can you answer the question?
e 2 2 i: A The County doesn't have a plan of its own. The b
t
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$- GJW/sw 1 l County would not implement LILCO's plan.
i 2 ,
So, I don't know, you know, what the appropriate it 3 response would be from the County in the event that the i
4 i occurrence you have aescribed happened. ,
i:
5f Q Would you, in the event the Shoreham Plant were i
6 l licensed to operate, recommend that the County adopt a plan
?
9 so that you, as County Executive, could respond in the event 7 ll
,y 8 of an emergency?
9 .
A No, I wouldn't.
10 I Q Why not?
- F lif *!
A Because I believe that to do that we would be ,
L '
12 ,
misleading the public into believing that we could safely evacuate the area in and around the Shoreham Nuclear Power 13 '
l 14 ! Plant. And, after a lot of study and hearings by the County E
15 l Legislature and reviews by previous County Executives, it i
l was the determination of Suffolk County that such an 16f i
j 17 [j evacuation would be impossible.
i 18 k, And, to participate in the development of a plan li I would mislead the public and, in fact, would give the public 19 ld 20!i a sense of security that frankly didn't exist.
li li 214 Q Mr. Halpin, is it possible to adequately protect L
22 [ the public health and safety from a nuclear war?
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3" GJW/sw 1 l MR. LANPHER: I object to the question and I
instruct the witness not to answer. That is totally 2d
'l 3] irrelevant and outside the scope of this proceeding.,
4 MR. SISK: Mr. Lanpher, I intend to pursue a line 1
5 of questioning. If you are instructing the witness not to 6 answer, I want-that clear because this is the beginning of a l
7 j line of questions.
l l 8 ; MR. LANPHER: Well, I instruct him not to' answer l l '
9 that question, that's correct.
10 MR. SISK: And, what is the basis for instructing n
him not to answer?
11 i['
l 12 b MR. LANPHER: It's so completely irrelevant that i
13 l it's a total waste of time. .Mr.
- Halpin is a busy County f
14 Executive.
S 15 My recollection of LILCO's prima facie case also 16 has nothing to do with nuclear war.
I 17, MR. SISK: Mr. Halpin, I'm going to hand to the 18i Reporter another document which I will ask to be marked as Exhibit 5 to this deposition.
19,l.'
i 20 t 0l 21[
22 :
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ACE-FEDERAL REPORTERS, INC.
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l' GJW/sw 1 i (A memo, dated July 23, 1982, to Frank P.
I 2 l Jones from John W. Liguori,
Subject:
i 3 Documents Regarding Emergency Planning, f
4 with an inclosure, "Civil Defense Basic l
i Emergency Plan for Suffolk County and Its 5h I
6 i Townships and Villages, New York, is
)
7 7 marked as Halpin Deposition Exhibit 8j l
Number 5 for identification.)
h 9
f MR. SISK: I will vouch for the record that this l
10 d is a document that is under cover of a letter to Frank r
11 ', Jones, Deputy County Executive, dated July 23, 1982. And, i
12 underneath that cover is a document entitled "Civil Defense b
- t 13 il Basic Emergency Plan for Suffolk County and Its Townships fi 14 l and Villages, New York."
!l 15 ! BY MR. SISK: (Continuing)
'i
, 16 Q Mr. Halpin, have you ever seen ti.is document 17 before?
18 ,' A No. This is the first time I'm personally i,
II 19 ' reviewing this document, i
i Q Do you know whether Suffolk County has and 20[an maintains a civil defense plan?
21[
22 MR. LANPHER: I object. Irrelevant.
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67 6 GJW/sw 1i THE WITNESS: I'm not sure, t
2 (The witness is looking at the document.)
3 BY MR. SISK: (Continuing)-
i i
4 i Q Mr. Halpin, the first paragraph of this document I.
5l states, "The primary mission of Civil Defense is the saving 6j of lives and property under major disaster conditions. The i
7 function of Suffolk County Civil Defense is to establish 8 within the County an organization prepared to meet emergency 9 f situations arising from natural or man-made disasters and to 10 ;! include an enemy attack upon this nation."
l.!
11 : Have I read that correctly?
l 12j A Yec, you have.
13 ,l Q Mr. Halpin, do you believe that it is a b
disservice to the public to adopt a civil defense plan 14 ]
?
15 , designed to reduce harm from a nuclear war?
i 16j MR. LANPHER: I object to the question. It's h
17 irrelevant.
c 18 !! He has also testified that he is not familiar
!i With this document. So, you are calling on him to 19 [i8 2 0 l,j speculate.
ii l'
BY MR. SISK: (Continuing) 22}
22 Q Can you answer the question?
. f i
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.I 8' GJW/sw 1 i A It would be very difficult for me to answer that I
2 question. I haven't had a chance to review this plan, and I l l l
3 don't know how adequate it is. j l
4 .I Q Mr. Halpin, in the event that the Shoreham Plant l
5l is licensed to operate at full power and all the judicial 0
I il 6j appeals are exhausted and a license is upheld, would you, as l'
7 3
County Executive, recommend that the County adopt an 8 emergency plan for the Shoreham Plant?
9 l MR. LANPHER: I object. That is repetitive. He 10 has already testified that he would not.
11 hl Do you want him to say it again?
12 s BY MR. SISK: (Continuing)
I Q Is that correct?
13 ll 3 Again, l' think 14 i A The answer is that I wouldn't.
r '
II 150 it's highly speculative.
i 16 l It's the County's position that there has to be N.,
17 an emergency plan that would, indeed, work. And, we don't -
18 think such a plan can be developed as it relates to the 0
19 Shoreham Nuclear Power Plant.
20 y' Q Is it the County's official position that the d
Shoreham Plant, if it operates at full power, represents a 21ll 7
22[ threat to public health and safety?
0 -
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i GJW/sw 1 MR. LANPHER: I object to that. I don't know l
lI 2 !! what you mean by "official position," Mr. Sisk. Do you 3
f mean, has it adopted a Resolution or issued some sort of i
4 l proclamation to that effect?
I 5 l MR. SISK: Is that the County's position in this
,i 6 litigation?
l' I was focusing on the words 7g MR. LANPHER:
8/ "official position." I don't know what you mebnt.
li 9 , MR. SISK: I was referring to the County's 10f position, not just the County Executive's position, fes.
e THE WITNESS: I would have to review the previous 11 [
k il 12 Resolutions to see whether or not that specifically was 1
t 13 I stated.
fi Il 14 f BY MR. SISK: (Continuing)
- 3 L
15 l Q So, in order to answer that question, you would 4 i .
p need to review the prior Resolutions?
16 y i
17 ! A Well, you are asking me if that is the County's i
18 l. official position.
i;'
19 0 Q That's correct.
t lil 20 i A I would have to review that. t i
21 !! Q okay. Mr. Halpin, in the event that the Shoreham [
22 [t Plant were licensed to operate at full power, would you i
1 ACE-FEDER AL REPORTERS, INC.
- " ' 'I' 202 347 3700 800 336 6646
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'4750 04 15 70 1 GJW/sw 1 { direct anyone under your control or supervision to review I
4 2 the LILCO plan?
3 MR. LANPHER: I object. It calls for 4 j speculation.
); i 5 THE WITNESS: Again, it is our position that the ,
i 6 plant should not operate and it will not operate, because an
'l i
> 7 emergency plan that would work couldn't be developed.
8 You are asking me to speculate about, you know, 9 whether or not we would review the LILCO emergency plan, f d 10' Frankly, I am not in a position to do that at this time.
li BY MR. SISK: (Continuing) 11 }
) 12 Q Okay. Mr. Halpin, returning to the hypothetical i
f 13 0 and I won't repeat all the facts. It's the hypothetical i
i 14 ( that the plant is operating, there is an accident, you are 15 notified LILCO recommends evacuation of a portion of the [
d !
16 [ EPZ. let me ask you to assume one additional fact.
i il 17 0 If you concluded, based upon your own sources of [
Il 18 ;l information, that an evacuation was necessary to reduce harm 9
ll 19 ? to the public, what would you do?
d 20 l A You know, you are asking me to speculate about N
21 h what I would do. And, here today, I'm not in a position to 4
4 b 2 2 ,l be able to do that.
I 0
I ACE-FEDERAL REPORTERS, INC.
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'4750 04 16 , 71 1
1 GJW/sw 1 l I don't know what I would do. So, it would be l
2 difficult for me to speculate at this time.
)
3 Q Mr. Halpin, let me add one additional fact. If l
4 you then decided to order an evacuation, how would you
)
5j effect that?
y 6 MR. LANPHER: I object to the question. He can't
> 7I !
possibly answer that question.
8 He told you already that he doesn't know what he l
9i would.do when we add four or five facts. You've just added
)
10 another fact. That only makes it more impossible for the 11 , witness to answer.
) 12 ' So, I object that it's calling for just too great 4
13 a degree of speculation.
14 d MR. SISK: I think what I did was to remove one I
15 contingency and carry it a step further. But, let's see if 16!ii the watness can answer it.
1 17 ' THE WITNESS: Again, it's impossible for me to I
answer that question, because I don't know what I would do.
18 [.
19 The LILCO plan would be something that I wouldn't consider d
20 ! and, therefore, I wouldn't know what, you know, an 21 0 appropriate response would be, given the scenario that you I
22 ll have posed.
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1 GJW/sw' 1 l BY MR.'SISK: (Continuing)
) 2I Q Who would you call upon to try to make that 3 i decision?
4g,^ A Again, it's very -- it would be very difficult
). !
5 for me to know exactly who I would call upon, given the fact l
l .
6Q that in an evacuation of the magnitude that would be r
II
) 7j involved it would be impossible.
I' 8 Q So, you don't know who within Suffolk County 0
government you would consult?
) 9l! P 10, A You are asking me to speculate. You know, I 9
ll llo don't want to do that.
) 12 i Q I understand you don't want to speculate. Can i
13 j you identify persons who you would consult in order to make C
14I! a decisien as to how to evacuate a portion of the EPZ?
i L 15 !, MR. LANPHER: Are you asking, does he know who he Ii 16 lj would consult? Is that the question? ,
17 MR. SISK: The question is, who would he consult?-
18/! MR. LANPHER: If you know.
19 THE WITNESS: You know, you are asking me if I I
i 20; were to order an evacuation of the area. The one thing that ff 21 h I do know is that an evacuation of that size would be 22ij impossible. So, it's difficult for me to predict who I k
0
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i ACE-FEDERAL REPORTERS, INC.
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k 4750 05-01 73 1 GJW/sw 1 l would specifically consult with, given that scenario that
) 2 j you posed.
i 3 l BY MR. SISK: (Continuing) 4 l Q Do you know what departments of Suffolk County
) !
5 j government you might consult in order to make that decision?
6 A I would draw upon the -- again, it's highly I
) 7 speculative, but obviously the Police Department would be 8 !' one entity that I would speak to.
I 9 ll But, you are asking me whether or not I would
)
10 ) order an evacuation and, again, getting back to what I said
(
n 11,"i before, an evacuation in and around the Shoreham Nuclear
) 12 Power Plant would be impossible. So, it would only be l
13 l: contributing to the problems that would already exist.
1 14 ,' So, it's difficult for me to give you a 0
15 ,
definitive answer.
16 Q Let me clarify this line of questioning. If you
' decided to order an evacuation, who would you consult in 17 :;]
18 h order to effect that?
l MR. LANPHER: I object to the question. He has 19ld ,
P already testified that he believes that it is impossible to 20 ll r
21 I carry out an effective evacuation.
I a
So, you are asking him to speculate about 22 h
1 ACE-FEDER AL REPORTERS, INC.
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Nati nuide Coverage l 202 347 37 % 33
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)4750 05 02 jl 74 1 -GJW/sw 1 ,
carrying out something he doesn't think can be done. I
) 2 l think that's really far beyond the proper hypothetical 3 question.
4 . BY MR. SISK: (Continuing)
) d 5I Q Can you answer the question?
1 6 ; A No, I can't.
i
) 7 Q In the event of an emergency at the Shoreham 8' Plant, again if LILCO notified you and recommended I
9 evacuation of all or part of the EPZ, would you notify the
)
10 ; public in any way?
il 11 l A No, I wouldn't.
) 12 Q Why?
l 13 l A To begin with, I don't believe an evacuation is 14 f possible. I think it was the President's Advisor, former i
15 j Advisor, Donald Regan, who said that they should build 9
16 another bridge in order to make such an evacuation happen.
17 He is a Long Isl&nder. He understands the problems that we i
li 18 c have here.
i 19 ! The other thing is that LILCO does not have much f
l 20 credibility. So, I would be very reluctant to take any 21 action based on representations made by that utility.
b 22 [ Q Would you notify the public that an accident had U
ACE-FEDERAL REPORTERS, INC.
202 347-3700 500-336-6646
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-occurred?
2 MR. LANPHER: I object to the question. I don't
) l -
t 3 understand what assumptions are at play here.
4 t i'
4 MR. SISK: The same assumptions we have been
)' j 5 j; talking about all alone, I will repeat them.
l!
6 !! MR. LANPHER: They've changed.
k
) 7 ) BY MR. SISK: (Continuing) '
8I Q The plant is in operation. All judicial appeals 9 have been exhausted. An accident occurs. LILCO notifies
) l 10 0 you that an accident has occurred and LILCO recommends an l 11I evacuation of all or part of the EPZ.
t'
)' 12 l Would you notify the public at all?
b .
13 MR. LANPHER: I object to the question. He has already testified that he doesn't know what he would do in I n i
14 lt. ,
- p 15 !! those circumstances.
16, And, ic's speculative. You are asking hir. to I,
- 17 s speculate about a thing that he has already told you ha l 18 !I can't do.
I l
19 l MR. SISK: I'm asking a different question. But, 4
l b 20h let me ask the witness.
6 21i' BY MR. SISK: (Continuing) 9 l 22 }; Q Can you answer it?
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4750 05 04 76 1 GJW/sw 1l A Again, I don't know what my response would be.
b
) 2 l And, therefore, I'm not sure what would be appropriate, 3 .
given the scenario that you have posed, whether or not i
4 taking that action would the approp. late response given the
) I 5 problem.
6 , Q If you decided to notify the public, how would
) 7k you do it?
l 8 lI MR. LANPHER: Same objection.
i Again, you are asking me to 9i THE WITNESS:
> t' 10, speculate.
11 !! BY MR. SISK: (Continuing)
I 12 Q You can't tell me how~you would notify the public 13 j! if you decided to?
li b
l 14 A Well, what do you mean by notification of the l
0 15 j public?
16' Q Let me ask you this. If you decided to notify l
17 the public of the accident at Shoreham, would you authorize i
18 [ the sounding of the sirens that LILCO has installed?
H II l 19 g A No, I wouldn't.
ii 20i Q Why not?
21l A You are asking me if I would, based on LILCO's
! 22 recommendation, authorize the sirens to be utilized?
1.
l ACE-FEDER AL REPORTERS, INC.
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1 - GJW/sw 1j Q If you decided to notify the public? l l
l A Frankly, you are asking me to speculate. I don't ;
) 2 ;! .i 3
l know what, you know, the public's response would be. And, I
-=- :
4 l'
don't know whether that would ease or exacerbate the j L
5l situation. l 4 t 6
f Q In the event of any type of emergency, j t
) 7 Mr. Halpin, do you, as County Executive,-have the capability '
8 3
to activate or request activation of a state emergency l i
9( broadcast system?
I 10 ll MR. LANPHER: Could I ask for a clarification?
0 You said any type of emergency. Are you including the ,
11,i I
i F 12{ll Shoreham --
13 l MR. SISK: I am no longer confining it to i I
l 14 Shoreham, but it is included within that question. [
i 1 15 i MR. LANPHER: Could you repaat then the last .
I 16 ! portion of that question. Was it the State EBS system?
i 17 j MR. SISK: Yes.
L MR. LANPHER: Does he have the authority to ask l 18(
i li it to be activated; is that correct?
19k i ,
i j 20 MR. SISK: Yes. ;
i I
l 21: THE WITNESS: I could certainly contact the State i i
i
)
22L a
officials and, you know, ask that it be activated. But, it 1
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) 2 l BY MR. SISK: (Continuing)
I 3 ! Q Have you ever had occasion to do_that in your -
5 4 tenure?
)- ,
5 j A No. I haven't had occasion fortunately. !
I 6
I i Q Do you know whether any of your predecessors in
. - rj
) 7 !j the County Executive's Office have done so?
8 ( A I don't know.
9 i MR. LANPHER: Mr. Sisk, it's three minutes to 4. ,
I )
10 ; Mr. Halpin is going to have to leave very shortly. So, if
{
l' 11 I you have any other questions, I suggest you finish up.
.i
> 12 l MR. SISK: There are several more questions. I 13 ; will go as long as we can for the next few moments. And, if l
14 j you will notify me when we have run to the end of our rope i i i
15 for the afternoon --
l 16 MR. LANPHER: We took a little longer break than l
17 I promised. So, at five after 4 we are going to have to i '
d 18 ",I terminate. l 19 ] BY MR. SISK: (Continuing) ,
i 20 l Q Mr. Halpin, I will ask you to turn very quickly 21 i to the document that has been designated Exhibit 2 to this l t ,
i 22I deposition. That is the testimony you have filed in this ,
n b !
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)J 2 j) document.
3 (The witness is complying.)
4j There is a statement on Parje 2, "Dpring 1982 and
) !
5J early 1983, the County government thoroughly evaluated 6 j} whether it was possible to develop an emergency plan that i
-) 71 would protect the health, welfare, and safety of suffolk I
8; County's residents. In Resolution 111-1983, the County li b,
9 determined that such a plan could not be developed."
)
10 Have I quoted that correctly?
11 [ A Yes, you have.
b f 12 1 Q What was the basis for the determination made in 13 that Resolution?
14 i A I know that the County spent considerable <
15 resources to attempt to try to develop a plan. When that 0
l 16 k plan was presented to the County Legislature and the County 1 :
17,! Executive, hearings were held. Experts were brought in,
- 18. questioned. The plan was objectively evaluated. The public 8
19 l also had the opportunity to comment on that.
I 20 ;
And, after weighing all of the things that should d
21[ be considered, the Legislature reached a determination with 22 0 the concurrence of the County Executive that such an l . s f
1 ACE-FEDERAL REPORTERS, INC.
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) i 4750 05 08 80 0
.1 GJW/sw 1" emergency plan could not be successfully implemented in
)
2 g Suffolk County, il 3( Q Do you know if the determination was made based ll 4 !! on feieral criteria for determining the effectiveness of an
)
5: emergency plan?
i; 6iJ A I'm not sure precisely, you know, which criteria p
i
) 7;i was considered. I know that there are a lot of factors that 8J go into the development of an emergency plan.
L 9? Of course, it's up to the County Executive and
) $
10, the Legislature to evaluate those and then make a decision.
i' 11 i Q So, the answer is you don't know which standards I!
)' 12 [ were applied in making the determination?
I 13 A I'm saying --
14 l MR. LANPHER: The previous question was --
BY MR. SISK: (Continuing) 15 (b 16 Q Do you know whether it was federal standards, lI 17 ; yes. So, do you know what standards were applied in making 18 E that determination?
1 I
19 [ A As I said, I know that they looked at a whole I
j 20'j host of factors in making that judgment. It's a very i
21 complicated judgment that requires, you know, a lot of 22! analysis as well as review by the appropriate agencies.
I l l t
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!1 GJW/sw 1l Q Is-the answer no?
i 2 A khat was your question? ,
)
i:
3 Q Do you know which standards were applied --
4 A You are asking me do I know precisely which
) l 5 standards?
6 tj Q Yes, i
) 7l A I'm not, you know, intimately familiar with that.
i 8 Q Okay. Did the County Legislature have the LILCO plan which is currently in litigation before it when it 9;
) l 10 passed this Resolution?
11 A I believe this was the only plan that was
) 12 l- considered at that time, the plan that was developed by the l
13 j County.
14 !y! Q So, the Legislature did rot have the LILCO plan 1 h h
15 ! that is currently in litigation before it at that time?
l :
16 ! A I don't think so.
i 17 Q Mr. Halpin, what legal effect does a County 18 Resolution have in terms of its effect on you as County ,
l 19 d Executive?
I!
20 MR. LANPHER: I object to the question. It's 21$ calling for a legal conclusion.
i 22 i MR. SISK: I will ask for the witness' F g i 4 .
ACE-FEDERAL REPORTERS, INC.
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'l GJW/sw 1 understanding as County Executive.
{
1
) 2! THE WITNESS: Well, as County Executive it is my 3 understanding that the Legislature acts as the Board of 4i Directors of Suffolk County and they set policy that
) !
5! manifests itself, of course, in local laws.
6 BY MR SISK: (Continuing)
J 7 j Q Does a Resolution have the same binding force and
)
8ly effect on you as County Executive as a local law would?
9 A Yes. That Resolution is -- yes, it does have the
) i 10 ,' same effect.
11 Q I will ask you to turn to Page 3 of your i
I' 12 testimony, Mr. Halpin. There is a statement, "NRC action to 13 l license Shoreham above 5 percent power would not cause the i
14 County to reconsider Resolution Nos. 456-1982 and 15N 111-1983..." That's a portion of the sentence that I've 16 quoted, i
I 17 Mr. Halpin, as County Executive, how do you know l
18: that the licensing of Shoreham at full power would not cause 19 !I the County to reconsider those Resolutions?
20 l A I believe the Legislature and the Executive speak I
21 with one voice on this issue and that we are of the opinion, 22j which has been reinforced through tr. passage of this i
ACE-FEDERAL REPORTERS, INC.
) *N ' * *8' 200 347 3700 500 336-6646
I J- t 4750 05 11 83 1 GJW/sw 1 i Resolution, that the developraent and the implementation of
) 2- l an emergency response plan for Shoreham would be a waste of 3 l the taxpayer's money and impossible to implement.
l 4 l Q I will ask you to turn to Page 5 of your
) !
5 I testimony, Mr. Halpin. The statement -- there is a 4
l statement, "The Suffolk County government would not follow 6 lI
) 7l or implement LILCO's plan or work with LILCO's personnel if r li 8 !! there were an accident at Shoreham."
b 9 !
In the event of an accident at Shoreham, would I !
10 you, as County Executive, have any contact with LILCO at 11 ll all?
b 12 MR. LANPHER: I object to that question. It 13 !! calls for speculation.
b 14 j! THE WITNESS: There is no means that we have li 15 { developed that would ensure that there would be contact.
16 BY MR. SISK: (Continuing) 17 Q Would you want to have data regarding conditions b
18 at the reactor so that you could decide whether and how to i
19 !! respond on behalf of the County?
i 20 ! A Again, you are asking me to respond to -- to 21j answer a scenario that includes -- that would involve a
- r 1 l
h 22 e response from the County that frankly we do not feel we are :
1 i i
i i ACE-FEDERAL REPORTERS, INC.
Nationwide coserage l g,3g,33
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4750 05 12 i 84 1 GJW/sw 1 in the position to be able to successfully implement.
) 2 ,
If I was getting data from LILCO, I would have no I,
3 ;l way of judging whether or not it was accurate or what the
!i 4 ll appropriate response would be.
) E 50 !
MR. LANPHER: Mr. Sisk, it's 4:05. I would like 6 this deposition to come to a conclusion.
) 7iF MR. SISK: Let me note for the record that we t
8ia have expended as much time as we have been permitted by the 9 County today for deposing this witness, that at present I am
)
h on approximately Page 5 of the witness' testimony, which has 10 g i
11 ' nine pages. I've asked very few questions concerning an
)
12 h affidavit which itself spans 14 pages with numerous 13 $ attachments.
b 14 h I have attempted within the short time to focus I
15 on issues rather than specifics of the testimony and i
16 l affidavit. Nonetheless, there are a number of important b
17 specifics as to which LILCO needs to, and intends to, 18 ( inquire. Therefore, LILCO will agree to continue this L
ti 19 P deposition at a later date subject to the agreement of 20 counsel as to such a date but cannot agree to conclude its 21l' questioning at this time.
i' 22 t And, I don't believe any of the other parties D
-I Ii ACE-FEDERAL REPORTERS, INC.
Nanon ide Coserare m33sg3
I 4750 05 13 : 85
- 1 GJW/sw- 1 have been afforded an opportunity to question either.
MR. LANPHER: I understand your position. I do
)
2] i 3 have one just brief follow-up question for Mr. Halpin.
4 CROSS EXAMINATION
)
5( BY MR. LANPHER:
h 6 Q It goes back to the very beginning of your
) 7 questioning by Mr. Sisk about whether you were personally i
8h familiar with portions of the LILCO plan.
9l An I correct, Mr. Halpin, that the portions that
)
t 10!i you are generally familiar with are portions of the plan
- t 11 which state to the effect that you or someone else in County I
i
) 12 ! government would give LILCO permission to take actions in i
13 ) the event of a Shoreham emergency?
I 14 A That's right. The portions in the plan that 1
h 1
- l 15 ; relate to the delegation of our police powers.
16 ) Q Am I correct, according to your testimony, that I
17 , you would not jive such permission?
18 A Yes, t
19! Q Is that the extent of your familiarity with li 20 LILCo'r, plan?
Il 21i: A That's the extent of my familiarity. }
1 1
22 MR. SISK: Let me note for the record that that l-l l l j
ACE-FEDERAL REPORTERS, INC.
- **E 202-347 3700 800-336 6646 l
)
4750 05:14 , 86 1
1 l is the next line of questioning that I intended to pursue, GJW/sw. 1 '
I
)' 2 lI '
and it begins on Page 6 of the witness' testimony. !
3 MR. LANPHER: I thought you were there far i 4 earlier in this deposition, Mr. Sisk. l i-
)l t 5 MR. SISK: We haven't touched delegation.
6l MR. LANPHER: Very well. Thank you.
}i,
) 7 1 THE WITNESS: Thank you.
t 8
li (Whereupon, the taking of the deposition is i
9 ! concluded at 4 : 08 p.m. , this same date. ) .
10 1
t i 11 ; PATRICK G. HALPIN i
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, 202.m.nw
)4750 05 15 ! 87
'l GJW/sw 1 -CERTIFICATE OF COURT REPORTER AND NOTARY PUBLIC j 2 I, Garrett J. Walsh, Jr., the officer before whom 3 the foregoing deposition was taken, do hereby certify that 4 the witness whose testimony appears in the foregoing
) I deposition was duly sworn by me; that the testimony of said 5 l i
6d witness was taken by me and thereafter reduced to II
) 7) typewriting by me or under my direction; that said I
8 deposition is a true record of the testimony given by the 9 ' witness; that I am neither counsel for, related to nor
)
10 :. employed by any of the parties to the action in which this 11 deposition was taken; and further, that I am not a relative I
) 12 ; or employee of any attorney or counsel employed by the l
parties hereto, nor financially or otherwise interested in 13 ;I 14 j the outcome of the action.
t .,
15
{
16 l GARRETT J. WALSH, JR.
i 17 j A Notary Public in and for the i
Commonwealth of Virginia at Large 18 !f l,'
19 i My Commission Expires:
'I l 20 January 9, 1989 21 '
) '
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i ACE-FEDERAL REPORTERS, INC.
j Nationwide coverage
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