ML20155C079

Lilco Third Set of Interrogatories & Requests for Production of Documents Re Contentions 1-2,4-8 & 10 to Suffolk County, State of Ny & Town of Southampton.* Notices of Depositions & Certificate of Svc Encl.Related Correspondence

ML20155C079
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/07/1988
From:	Sheffey R HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY
Shared Package
ML20155C024	List: ML20155C020 ML20155C079
References
OL-3, NUDOCS 8806140075
Download: ML20155C079 (12)

Text

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'88 JLN -8 Pl2 32 LILCO, June 7,1988 UNITED STATES OF AMERICA - r r a ;; i .-1 NUCLEAR REGULATORY COMMIS8thjETIMU U UNI-S P .; hoi Before the Atomic Safety and Lienesing Board In the Matter of )

)

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, ) ("Best Efforts Issue)

Unit 1) )

LILCO'S THIRD SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING CONTENTIONS 1-2,4-8, AND 10 TO SUFFOLK COUNTY, NEW YORK STATE, AND THE TOWN OF SOUTHAMPTON Long Island Lighting Company, by its counsel, propounds the following inter-rogatories to Suffolk County, New York State, and the Town of Southampton ("Interve-nors" or "the Intervenors"), pursuant to SS 2.740, 2.740b, and 2.741 of the Nuclear Regu-latory Commission's Rules of Practice. By propounding these interrogatories and requests for production of documents LILCO makes no admission or representation about the proper scope of the issues to be decided or the evidence that may be pres-Cited.

INSTRUCTIONS AND DEFINITIONS Except as supplemented below, the "Instructions and Definitions" for this third set of interrogatories on the "best efforts" issue are the same ones set out in LILCO's First Set of Interrogatories and Requests for Production of Documents Re-garding Contentions 1-2, 4-8, and 10 to Suffolk County, New York State, and the Town of Southampton, dated March 9,1988.

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SUPPLEMENTAL INSTRUCTIONS The primary documentary basis for these Interrogatories, other than the Shoreham offsite emergency plan and Intervanors' responses to LILCO's summary uispo-sition motions on the realism issues, is the recently produced Suffolk County Emergency Operations Plan. The bulk of the interrogatories concern the production of this Plan, with the goal of eliciting exactly when, if ever, this Plan was produced to LILCO, whether this Plan is current, and who has, or has had responsibility for maintaining this document.

The Interrogatories below request information to the best of the State's or County's current knowledge, belief, and intention (whatever knowledge, belief, or in-tention underlie the answers in resporGes to summary disposition motions refusing to agree to generally follow the LILCO plan on a given issue). The lack of absolute cer-tainty about the specifics of State / County response should thus not lead to answers that decline to answer on the basis of lack of such certainty.

The following Requests are numbered beginning where the second set, dated March 24,1988, left off.

INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS ,

124. With respect to the Suffolk County Emergency Operations Plan, please state '

when, if ever, Suffolk County or the State of New York first produced this document to LILCO in response to discovery requests. Specifically, your answer to this interrogato-ry should include the following:

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

b. If records sufficient to answer part a above are not in the possession of outside Counsel for Suffolk County or the State of New York, then search the files of the Suffolk County Attorney and produce any and all doc-uments from 1982 to the present which would provide a response to this Interrogatory.

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c. If records sufficient to answer part a of this Interrog-atory are not available in the files of the Suffolk County Attorney, please state the name, position, and office location of the person or persons having pos-session, custody, or control of documents which would be responsive to this Interrogatory.

d. If such documents are unavailable, Or have been de-stroyed or lost, please describe when, why, and at whose direction this occurred.

125. Please list the names and positions of all persons within the Suffolk Coun-ty or State of New York governments who have copies of all or any part of the Suffolk County Emergency Operations Plan. Specifically, in your response to this in-terrogatory please identify the tollowing persons:

a. Identify the person (s) within the Suffolk County gov-ernment who are responsible for maintaining a mas-ter copy, if any exists, of this document.

b. Identify the person (s) within the Suffolk County gov-ernment who are responsible for updating this docu-ment, or keeping it current.

c. Identify all persons within the Suffolk County and State of New York governments who have a copy or copies of all or any part of this Plan, and for each person so identified list the specific parts of the P,lan in the custody of each.

126. Identify all persons within the Suffolk County or State of New York gov-ernments who assisted in any way in the gathering of documents in preparation for Suffolk County's production of documents responsive to LILCO's discovery requests ,

dated June 2,1982, July 21,1983, August 8,1983, and March 24, 1988 as described in '

LILCO's Response to "Suffolk County Response to Licensing Board Discovery Inqui-ries," dated June 1,1988. Specifically, in your response to this interrogatory please l include answers to the following questions:

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a. Identify the person or persons responsible for coordinating the document production effort,

b. Identify the person within the Suffolk County govern-ment who produced the Suffolk County Emergency Operations Plan to Kirkpatrick & Lockhart ("K & L")

for production to LILCO, including the date of such production to K & L.

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

a. Is the person identified in response to this interroga-tory the same person as previously identified in re-sponse to part of a Interrogatory No.125?

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

c. If Mr. Petrone is not the person responsible for main-taining a master copy, please identify the person who has it, or f rom whom he received it.

ELO. b.

Donald P. Irwin '"U K. Dennis Sisk Rita A. Sheffey Counsel for Long Island Lighting Company )

i Hunton & Williams '

707 East Main Street P.O. Box 1535 Richmond, VA 23212 DATED: June 7,1988 i

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LILCO, June 7,1988 CERTIFICATE OF SERV:CE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322-OL-3 I hereby certify that copies of THIRD SET OF INTERROGATORIES AND RE-QUESTS FOR PRODUCTION OF DOCUMENTS REGARDING CONTENTIONS 1-2, 4-8, AND 10 TO SUFFOLK COUNTY, NEW YORK STATE, AND THE TOWN OF SOUTHHAMPTON were served this date upon the following by telecopier as indicated by one asterisk, by Federal Express as indicated by two asterisks, or by first-class mail, postage prepaid.

James P. Gleason, Chairman

• Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board Panel 513 Gilmoure Drive U.S. Nuclear Regulatory Commission Silver Spring, Maryland 20901 Washington, D.C. 20555 Dr. Jerry R. Kline

• Adjudicatory File Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel Docket i

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission l East-West Towers, Rm. 427 Washington, D.C. 20555 l 4350 East-West Hwy.

Bethesda, MD 20814 Richard G. Bachmann, Esq.

• U.S. Nuclear Regulatory Commiss!on l Mr. Frederick J. Shon

• Of rice of the General Counsel '

Atomic Safety and Licensing Washington, D.C. 20555 Board i

U.S. Nuclear Regulatory Commission Herbert H. Brown, Esq.

• l East-West Towers, Rm. 430 Lawrence Coe Lanpher, Esq. l 4350 East-West Hwy. Karla J. Letsche, Esq.

Bethesda, MD 20814 Kirkpatrick & Lockhart l South Lobby - 9th Floor i Secretary of the Commission 1800 M Street, N.W.

Attention Docketing and Service Washington, D.C. 20036-5891 Section .

U.S. Nuclear Regulatory Commission 1717 H Street, N.W.

Washington, D.C. 20555

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Fabian G. Palomino, Esq.

• Mr. Philip McIntire l Richard J. Zahnleuter, Esq. Federal Emergency Management Special Counsel to the Governor Agency Executive Chamber 26 Federal Plaza Room 229 New York, New York 10278 State Capitol Albany, New York 12224 Jonathan D. Feinberg, Esq.  ;

New York State Department of I Alfred L. Nardelli, Esq. Public Service, Staff Counsel Assistant Attorney General Three Rockefeller Plaza 120 Broadway Albany, New York 12223 Roor ; 3-118 i New York, New York 10271 Ms. Nora Bredes  !

Executive Coordinator George W. Watson, Esq.

• Shoreham Opponents' Coalition William R. Cumming, Esq. 195 East Main Street Federal Emergency Management Smithtown, New York 11787 l

Agency '

500 C Street, S.W., Room 840 Evan A. Davis, Esq. l Washington, D.C. 20472 Counsel to the Governor  !

Executive Chamber Mr. Jay Dunkleberger State Capitol New York State Energy Office Albany, New York 12224 l Agency Building 2 l Empire State Plaza E. Thomas Boyle, Esq.

Albany, New York 12223 Suffolk County Attorney Building 158 North County Complex Stephen B. Latham, Esq. *

• Veterans Memorial Highway Twomey, Latham & Shea Hauppauge, New York 11788 33 West Second Street P.O. Box 298 Dr. Monroe Schneider Riverhead, New York 11901 North Shore Committee D.O. Box 231 WadLig River, NY 11792 Ctit Rita A. Sheffey MV Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: June 7,1988

' M E.E M ,htMS,uj;ggg o-i LILCO, June 7,1988 00LKETED USNFC UNITED STATES OF AMERICA '88 JN -8 Pl2:13 NUCLEAR REGULATORY COMMISSION OFFfCE : F .x n :e !

00CKEiiNG A ':nvif f.

BPANP Before the Atomic Safety and Licensing Board In the Matter of )

)

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

) (Emergency Planning)

(Shoreham Nuclear Power Station, ) (Best Efforts Issue)

Unit 1) )

NOTICE OF DEPOSITION PLEASE TAKE NOTICE that the Long Island Lighting Company, by counsel, pur-suant to 10 C.F.R. S 2.740a of the Nuclear Regulatory Commission's Rules of Practice, will take the deposition upon oral examination of Lee Koppelman, Executive Director, '

Long Island Regional Planning Board, County of Suffolk, on matters concerning the Suffolk County Ecergency Operations Plan and any and all revisions thereto, from 1980 to the present, and any and all County efforts at planning for responses to any ra-dialogical emergency at Shoreham including County planning efforts in 1981,1982, and 1983. The deposition will be taken before a notary public and court reporter on Friday, June 10,1988, beginning at 1:00 p.m. and thereaf ter until the taking of the deposition may be completed, at the offices of the Suffolk County Attorney, IIauppauge, New York.

The deponent is directed to produce at the deposition, for inspection and cony-ing, any and all documents, including without limitation notes, records, reports, memoranda, correspondence, studies, analyses, papers, writings, photographs, record- i I

ings, and other materials of any kind or nature whatsoever, in his possession, custody or l

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t 2-control or in the possession, custody or control of representatives, employees, attor-neys, assigns, or anyone acting on his behalf, which are relevant to the issue stated above, including but not limited to procedures for notifying the public in the event of any emergency, whether or not included in the County of Suffolk Emergency Opera-tions Plan.

Respectf ully submitted, ele Donald'P. Irwin. ' UP /

K. Dennis Sisk Rita A. Sheffey Counsel for Long Island Lighting Company Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: June 7,1988

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LILCO, June 7,1988 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Snoreham Nuclear Power Station, Unit 1)

Docket No. 50-322-OL-3 I hereby certify that copies of NOTICE OF DEPOSITION for Lee Koppelman were served this date upon the following by telecopter as indicated by one asterisk, by Federal Express as indicated by two asterisks, or by first-class mall, postage prepaid.

James P. Gleason, Chairman

• George W. Watson, Esq. **

Atomic Safety and Licensing Board William R. Cumming, Esq.

513 Gilmoure Drive Federal Emergency Management Silver Spring, Maryland 20901 Agency 500 C Street, S.W., Room 840 Edwin J. Reis, Esq. ** Washington, D.C. 20472 U.S. Nuclear Regulatory Commission One White Flint North Stephen B. Latham, Esq. **

11555 Rockville Pike Twomey, Latham & Shea Rockville, MD 20852 33 West Second Street P.O. Box 298 Herbert H. Brown, Esq. *, *

• Riverhead, New York 11901 Lawrence Coe Lanpher, Esq.

Karla J. Letsche, Esq. Mr. Lee Koppelman **

Kirkpatrick & Lockhart Executive Director South Lobby - 9th Floor Long Island Regional Planning 1800 M Street, N.W. Board Washington, D.C. 20036-5891 H. Lee Dennison Bldg.,12th Floor Veterans Memorial Highwaf Fabian G. Palomino, Esq. *, ** Hauppage, New York 11788 Richard J. Zahnleuter, Esq.

Special Counsel to the Governor Executive Chamber Room 229 State Capitol Albany, New York 12224 M -

n Rita A. Sheffey '" (J Hunton & Williams 707 East Main Street l

?.O. Box 1535 Richmond, Virginia 23212  !

l DATED: June 7,1988

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, LILCO, June 7,1988 bENM% Kf 0gdW,i,ED UNITED STATES OF AMERICA '88 JN -8 Pl2:13 NUCLEAR REGULATORY COMMISSION Omct U .t T A 00CKliiNG & Sf 4:"!

Refore the Atomic Safety and Licensing Board In the Matter of )

) >

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

) (Emergency Planning)

(Shoreham Nuclear Power Station. ) (Best Efforts issue)

Unit 1) )

NOTICE OF DEPOSITION PLEASE TAKE NOTICE that the Long Island Lighting Company, by counsel, pur-suant to 10 C.F.R. S 2.740a of the Nuclear Regulatory Commission's Rules of Practice, will take the deposi!!on upon oral examination of Robert Sheppard, Radiation Control Officer, Department of Health, County of Suffolk, on matters concerning the Suffolk County Emergency Operations Plan, including particularly Annex K entitled, "Ra-diological Intelligence", and any and all County plans and responsive capabilities for re-sponding to radiological incidents of any type. The deposition will be taken before a no-tary public and court reporter on Friday, June 10, 1988, beginning at 9:00 a.m. and thereaf ter until the taking of the deposition may be completed, at the offices of the '

Suffolk County Attorney, Hauppauge, New York.

l The deponent is directed to produce at the deposition, for inspection and copy-

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ing, any and all documents, including without limitation notes, records, reports, memoranda, correspondence, studies, analyses, papers, writings, photographs, record-ings, and other materials of any kind or nature whatsoever, in his possession, custody or control or in the possession, custody or control of representatives, employees.

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attorneys, assigns, or anyone acting on his behalf, which are relevant to the issue stated above, including but not limited to procedures for notifying tne public in the event of any emergency, whether or not included in the County of Suffolk Emergency Opera-tions Plan.

Respectf ully submitted, )

EtLL .

Y Donald P. Irwin ' #F 6 K. Dennis Sisk Rita A. Sheffey )

Counsel for Long Island Lighting Company Hunton & Williams I 707 East Main Street l P.O. Box 1535 I Richmond, Virginia 23212  !

DATED: June 7,1988 l I

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43 LILCO, June 7,1988 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY IShoreham Nuclear Power Station, Unit 1)

Docket No. 50-322-OL-3 I hereby certify that copies of NOTICE OF DEPOSITION for Robert Sheppard were served this date upon the following by telecopier as indicated by one asterisk, by Federal Express as indicated by two asterisks, or by first-class mail, postage prepaid.

James P. Gleason, Chairman

• George W. Watson, Esq. "

Atomic Safety and Licensing Board William R. Cumming, Esq.

513 Gilmoure Drive Federal Emergency Management Silver Spring, Maryland 20901 Agency 500 C Street, S.W., Room 840 Edwin J. Reis, Esq. " Washington, D.C. 20472 U.S. Nuclear Regulatory Commission One White Flint North Stephen B. Latham, Esq. "

11555 Rockville Pike Twomey, Latham & Shea Rockville, MD 20852 33 West Second Street P.O. Box 298 Herbert H. Brown, Esq. *, *

• Riverhead, New York 11901 Lawrence Coe Lanpher, Esq.

Karla J. Letsche, Esq. Mr. Robert Sheppard **

Kirkpatrick & Lockhart Radiation Control Officer South Lobby - 9th Floor Department of Health 1800 M Street, N.W. 225 Rabro Drive East Washington, D.C. 20036-5891 Hauppauge, New York 11788 Fabian G. Palomino, Esq. *, "

Richard J. Zahnleuter, Esq.

Special Counsel to the Governor Executive Chamber Room 229 State Capitol Albany, New York 12224 A .

Rita A. Sheffey '" "

Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: June 7,1988