ML20154P297
| ML20154P297 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/01/1988 |
| From: | Lanpher L KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | |
| References | |
| CON-#288-6382 OL-3, NUDOCS 8806030290 | |
| Download: ML20154P297 (9) | |
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UNITEDSTATESOFAMERIf[.U M IW NUCLEARREGULATORYCOMMIS'$fb5fdNNcIh'#
Before the Atomic Safety and Licensino Board
)
In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station, )
Unit 1) )
)
SUFFOLK COUNTY RESPONSE TO LICENSING BOARD DISCOVERY INOUIRIES The Licensing Board on May 27 requested briefing on two issues: the nature of the "County of Suffolk Emergency Operations Plan" (hereafter, "Operations Plan"); and an explana-tion of why the Operations Plan was not previously produced in response to LILCO discovery requests. Tr. 20550. These matters are addressed below.
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Contrary to statements by LILCO's counsel (Tr. 20537), the l
Operations Plan is not designed or intended to be used or relied
! upon by Suffolk County in a nuclear plant emergency situation.
l l In fact, the Operations Plan states:
l This Plan is intended to provide guidance in addressing all identified types of disasters, l
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s both natural and man-made, with the one exceotion of a radioloaical incident. This particular potential disaster is by law, because of the special knowledge and resources required, the purview of the New York State Health Department. The extraordinary procedures required to monitor and respond to radiological incidents have been developed by the Health Department to respond to an inci-dent, it will still function under the general direction of the Division of Emergency Prepar-edness and receive support from other County agencies.
Operations Plan, Annex A, Disaster Preparedness
- Plan, at v (emphasis added).1/ The County's Emergency Preparedness Division has informed counsel that the Operations Plan pertains only to radiological incidents such as those in';olving transportation of radiological materials, calibration of sources, and the handling of radiological isotopes. The Operations Plan is not for use in responding to any nuclear power plant incident. LILCO's counsel is wrong in his apparent belief to the contrary.2/
1/ This portion of the Operations Plan is dated January 1981.
The statement quoted above concerning the fact that the Operations Plan has no applicability to a nuclear plant incident was underscored in February 1983, when Suffolk County adopted Legislative Resolution No. 111-1983, which established by local law that Suffolk County would not adopt or implement any Shoreham emergency plan.
2/ LILCO's counsel is correct in stating that the Operations Plan in several places does mention LILCO and Shoreham. The most explicit reference is a so-called "Civil Air Patrol" procedure, dated March 1982. Cour.sel is informed by the County's Emergency Preparedness Division that the Civil Air Patrol procedure should never have been part of the Operations Plan (and, indeed, that its inclusion in the Operations Plan was only discovered during the document review undertaken in response to LILCO's recent discovery requests). Counsel further is informed that the Civil Air Patrol is not part of the Suffolk County government but, rather, is an auxiliary of the United States Air Force. Finally, (footnote continued) a Since the Operations Plan is not a plan for responding to a Shoreham radiological emergency, the Governments objected on relevancy grounds to LILCO discovery requests which sought production of such plans.3/ The Governments thus stated:
The Governments object to LILCO's Interroga-tories to the extent that they seek informa-tion about emergency planning for nuclear power plants other than Shoreham, the actions of governments other than the Governments, emergency plans other than the LILCO Plan, and emergencies other than a radiological emer-gency at Shoreham. The requested information is not relevant to the issue before the Board, which concerns only the nature of a "best efforts" response by the Governments to a Shoreham emergency.
See Governments' Objections to LILCO's Second Set of Interroga-tories Regarding Contentions 1-2, 4-8, and 10, dated April 20, 1988, at 2.
On May 10, 1988, however, this Board overruled the Govern-ments' Objections and ruled that plans for responding to other (footnote continued from previous page) according to the County's Emergency Preparedness Division, the Civil Air Patrol procedure, which calls for aerial radiological monitoring by the Civil Air Patrol, would never work because the Civil Air Patrol does not have the correct equipment for such monitoring and there has been no training of the Civil Air Patrol for responding to a Shoreham emergency. These matters can be covered in deposition discovery, should such be necessary. See discussion below.
3/ Contrary to the implication of a Board comment (Tr. 20549),
neither the County nor the State has ever denied the existence of plans which pertain to emergencies not involving nuclear power plants or Shoreham. The Governments have urged, however, that such plans are irrelevant.
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emergencies had to be produced in discovery. Tr. 19382. The County's attorneys so informed their client. Counsel received the Operations Plan from the County late on May 24, 1988. Due to the need to redact confidential data, the Operations Plan could not be served until May 25. LILCO's attorneys were informed that they could pick up the document on the morning of May 25 or have it sent via Federal Express for delivery on May 26. LILCO's counsel chose the Federal Express delivery.
Thus, in answer to the Board's inquiry, the County's Operations Plan was not produced earlier because there was a dispute as to its relevance. Once the Board ruled in LILCO's favor on the dispute, the document was delivered to LILCO as soon as counsel obtained it.
Counsel is informed by County personnel of the Emergency Preparedness Division that many portions of the Operations Plan need to be revised and updated, particularly due to out-of-date material, because some situations have changed (for instance, many fire districts no longer have area-wide sirens), and because some portions are not properly part of the Plan at all and need
- o be deleted. Nevertheless, counsel is informed that the Operations Plan is considered to be a currently operative County plan despite the revisions which are required. Thus, the Operations Plan is relied upon by the County's Emergency Preparedness Division in responding to non-nuclear emergencies.
If LILCO decides to pursue additional discovery on the Operations Plan, it is the County's intention to make the County's Radiological Officer (the Radiological Officer is employed by the County's Emergency Preparedness Division, which has responsibility for maintenance of the Operations Plan) avail-able for deposition to explain the document. The County expects that individual to be available for deposition the week of June 13, i.e,, the week after the currently scheduled exercise.
That individual is familiar with the Operations Plan and can explain why LILCO's suggestion (Tr. 20537) that the Operations Plan might be applicable or pertinent to a Shoreham emergency is not accurate.
The foregoing essentially completes the County's response to the Board's inquiries. Suffolk County adds a further comment.
LILCO's counsel asserted last week that the Operations Plan "is a most illuminating document" (Tr. 20538), that LILCO needs the help of the County "to understand the document" (Tr. 20539), and that LILCO needs to pursue two weeks worth of depositions (Tr. 20546). The County submits that LILCO is engaged in specu-lation and that the Board should resist scheduling a massive new round of discovery, as LILCO would have it do.
l LILCO will receive interrogatory responses on or before this Friday. LILCO will also receive additional documents (some are being served today; others will be served by the end of the
week). As noted above, a deposition pertaining to the Operations Plan can likely be arranged for the week of June 13 (Mr. Halpin's resumed deposition has been scheduled for June 13). The County believes that such a deposition will clarify the nature of the Operations Plan and obviate any need for the kind of extensive and far-reaching discovery suggested by LILCo.
Respectfully submitted, E. Thomas Boyle Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 N , _.
H6rbert H. Brown /
Lawrence Coe Lanpher Karla J. Letsche KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C. 20036-5891 Attorneys for Suffolk County o
k
r June 1, 1988 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensino Board
)
In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station, )
Unit 1) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY RESPONSE TO LICENSING BOARD DISCOVERY INQUIRIES have been served on the following this 1st day of June 1988 by U.S. mail, first class, except as otherwise noted.
James P. Gleason, Chairman
- Mr. Frederick J. Shon*
Atomic Safety and Licensing Board Atomic Safety and Licensing Board 513 Gilmoure Drive U.S. Nuclear Regulatory Commission Silver Spring, Maryland 20901 Washington, D.C. 20555 Dr. Jerry R. Kline* William R. Cumming, Esq.
Atomic Safety and Licensing Board Spence W. Perry, Esq.
I U.S. Nuclear Regulatory Commission Office of General Counsel Washington, D.C. 20555 Federal Emergency Management Agency l 500 C Street, S.W., Room 840 Washington, D.C. 20472 l
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a Fabian G. Palomino, Esq.** W. Taylor Reveley, III, Esq.**
Richard J. Zahleuter, Esq. Hunton & Williams Special Counsel to the Governor P.O. Box 1535 Executive Chamber, Rm. 229 707 East Main Street State Capitol Richmond, Virginia 23212 Albany, New York 12224 Joel Blau, Esq. Anthony F. Earley, Jr., Esq.
Director, Utility Intervention General Counsel N.Y. Consumer Protection Board Long Island Lighting Company Suite 1020 175 East Old Country Road Albany, New York 12210 Hicksville, New York 11801 E. Thomas Boyle, Esq. Ms. Elisabeth Taibbi, Clerk Suffolk County Attorney Suffolk County Legislature Bldg. 158 North County Complex Suffolk County Legislature Veterans Memorial Highway Office Building Hauppauge, New York 11788 Veterans Memorial Highway Hauppauge, New York 11788 Mr. L. F. Britt Stephen B. Latham,'Esq.
Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power Station 33 West Second Street North Country Road Riverhead, New York 11901 Wading River, New York 11792 Ms. Nora Bredes Docketing and Service Section Executive Director Office of the Secretary Shoreham Opponents Coalition U.S. Nuclear Regulatory Comm.
195 East Main Street 1717 H Street, N.W.
Smithtown, New York 11787 Washington, D.C. 20555 Alfred L. Nardelli, Esq. Hon. Patrick G. Halpin Assistant Attorney General Suffolk County Executive New York State Department of Law H. Lee Dennison Building 120 Broadway Veterans Memorial Highway Room 3-118 Hauppauge, New York 11788 New York, New York 10271 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee Suite K P.O. Box 231 l San Jose, California 95125 Wading River, New York 11792 i
Mr. Jay Dunkleburger Edwin J. Reis, Esq.**
New York State Energy Office George E. Johnson, Esq.
Agency Building 2 U.S. Nuclear Regulatory Comm.
L Empire State Plaza Office of General Counsel Albany, New York 12223 Washington, D.C. 20555 l
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k David A. Brownlee, Esq. Mr. Stuart Diamond Kirkpatrick & Lockhart Business / Financial 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 W. 43rd Street New York, New York 10036 Douglas J. Hynes, Councilman Mr. Philip McIntire Town Board of Oyster Bay Federal Emergency Management Town Hall Agency Oyster Bay, New York 11771 26 Federal Plaza New York, New York 10278 Adjudicatory File Atomic Safety and Licensing Board Panel Docket U.S. Nuclear Regulatory Commission Washington, D.C. 20555
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Tdecustt? 0-P Wo w tawrence CoE Lanp'her' KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C. 20036-5891
- By Hand
- By Telecopy Note: Courtesy copies also to be available at the proceedings in Long Island, New York, June 2.
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