ML20196D669
| ML20196D669 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/10/1988 |
| From: | Zahnleuter R NEW YORK, STATE OF |
| To: | LONG ISLAND LIGHTING CO. |
| References | |
| CON-#188-5607 OL-3, NUDOCS 8802180028 | |
| Download: ML20196D669 (16) | |
Text
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p CORRESPOND W 00CKETED DATE:
February 10, 13 8410 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION prr g.r...g..,.,
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Before the Atomic Safety and Licensina BoarJ1 i,,
S In the Matter of
)
)
IDNG ISLAND LIGHTING OOMPANY
)
Docket No. 50-322-OL-3 (Emergency Planning)
(Shoreham Nuclear Power Station,
)
)
Unit 1)
)i RESPONSE OF THE STATE OF NEW YORK TO LILCO'S THIRD SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING ROLE CONFLICT OF SCHOOL BUS DRIVERS This is the State of New York's response to "LILCO's Third Set of Interrogatories and Requests for Production of Documents Regarding Role Conflict of School Bus Drivers to Suffolk County and New York State," dated January 27, 1988 ("LILCO's Third Set of Interrogatories and Requests").
To the extent that LILCO's Third Set of Interrogatories and Requests seeks information and documents of any sort that are not within the possession, custody or control of the State of New York, but, rather within the possession, custody or control of school districts, bus companies or county governments (including Suffolk County), the State of New York objects.
School districts, bus companies and county governments are autonomous from the State of New York and are not within the State of New 8802100028 000210 gDR ADOCK 05000322 0)
4 York's control.
Accordingly, the burden of obtaining such information is the same for LILCO as it is for the State of New York.
To the extent that LILCO's Third Set of Interrogatories and Requests seeks information and documents of any sort that are protected against disclosure, for example, by attorney work product doctrine, the State of New York objects.
LILCO Interroaatory No. 31 In the January 19, 1988 Response of the State of New York to LILCO's First Set of Interrogatories you list (pp. 4-
- 6) in response to Request No. 8 certain information "provided by the schools to the New Ycrk State Education Department" concerning "student enrollment for schools within the 10-mile EPZ."
Please provide the date of this information and list those persons who p: ovided this information to the Education Department.
Identify and provide any and all documents from which this information was obtained.
Response
The requested information is taken from a New York State Education Department form entitled "Basic Educational Data System School Data Form Fall 1987."
These forms will be l
produced, as appropriate, within the time period set forth in 10 CFR 2.741.
As is evident from the title, the date of the information contained in the forms, upon information and belief, 2
l
is "Fall 1987."
Upon information and belief, the persons who provided the requested information are identified on the forms.
With these caveats, on a school-by-school basis, the names of the persons who completed the forms are:
School District Names South Manor Union Free School District South Street School Benedict A. Merendino Dayton Avenue School William H.
Burger Riverhead Central School District Riley Avenue Elementary School Gerry Martin Riverhead Junior High School Theodore J. Sawicki Riverhead High School Mary Fitzpatrick Shoreham-Wading River Central School Distrrict Briarcliff Road School Joseph Hayward Miller Avenue School Joan Daly-Lewis Shoreham-Wading River Middle School Janet Braussard Shoreham-Wading River High School Carol L. Willen Wading River School R.A. Anderson Little Flower Union Free School District Little Flower Elementary School James J.
Dobson Patchogue-Medford Union Free School District Eagle Elementary School John Walde Rocky Point Union Free School District Joseph A. Edgar School Joseph Bartolotto Rocky Point Junior-Senior High School Daniel Galvin Rocky Point Elementary School Minnie Dean Miller Place Union Free School District North Country Road School Harry Faulknor Andrew Muller Primary School Raymond Daly Soand Beach School Laddie Decker Miller Place High School Daniel Nolan Longwood Central School District 3
4 Charles E. Walters Elementary School Michael Mensch Longwood High School Alan Chase i
Ridge Elementary School Norman Howard' West Middle Island Elementary School Robert Quinn Coram Elementary School Edward Mauragis Longwood Junior High School / Middle Sch. Mario DiSciullo Mt. Sinal Union Free School District Mt. Sinai Elementary-Junior High School Edward Walters, Jr.
Mt. Sinai Elementary School Barbara Chu Port Jefferson Union Free School District Port Jefferson Junior High School Larry Lazar Port Jefferson Elementary School Sharon M. Miano Earl L. Vandermeulen High School Donald M. Savino Comsewogue Union Free School District Clinton Avenue Elementary School Shelley Saffer Comsewogue Senior High School Leon Beckerman Terryville Elementary School Paul Graf J.F. Kennedy Jr. High School Patricia Woods LILCO Interroaatqry No. 32 In the State of New York's January 19, 1988 Response, you list (pp. 6-8) in response to Request No. 9 certain information "provided by school districts to the New York State Education Department" concerning "the bus companies that contract with each school district identified in LILCo's Motion at Attachment 1."
Please provide the date of this information and list those persons who provided this information to the Education Department.
Identify and provide any and all documents from which this information was l
obtained.
Response
The requested information is taken from a New York State Education Department form entitled "Transportation
O contract."
These forms will be produced, as appropriate, within the time period set forth in 10 CFR 2.741.
None of these forms specify who provided the information on the contracts, or the contracts themselves, to the State Education Department, except that the forms do identify the particular school district that submitted the forms to the State Education Department.
Upon information and belief, the date of the information is the same as the date of each contract.
With these caveats, on a bus company-by-bus company basis, the dates are:
School District Bus Cemoany Date Comsewogue Medi Bus 9/1/86 and 9/1/87 BOCES Suffolk II 7/1/87 Little Flower Seaman Bus Co.
Longwood Suburbia Bus 5/28/87 BOCES Suffolk II 8/7/87 and 7/1/87 Miller Place Medi Bus 8/13/87 Coram Bus Service 9/3/87 and 9/2/87 Seaman Bus Company 9/3/87 and 9/2/87 Better Bus Co.
6/15/87 Mount Sinal Medi Bus 8/18/87 and 8/25/87 Harbor View Bus Co. 8/8/87 BOCES Suffolk II 7/1/87 Patchogue-Medford United Bus 8/18/86 Crimson Coach Corp. 8/18/86 BOCES Suffolk II 7/1/87 Port Jefferson BOCES Suffolk II 7/1/87 Coram Bus Service 6/4/87 Better Bus Co.
6/4/87 Jay Dee Tomfor Trs. 7/1/87 Riverhead Eastport UFSD 9/1/87 Seaman Bus Co.
9/2/87 Rocky Point BOCES Suffolk II 7/1/87 Seaman Bus Co.
10/12/87 and 7/1/87 and 7/9/87 5
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-Q l
Shoreham-Wading River
_ Seaman Bus Co.
6/11/86 and 9/8/87 South Manor DOCES Suffolk II 7/1/87 j
- Seaman Bus Co. contracts with Little Flower School District, but as of January 19, 1988, no contract has been filed for bits service in the 1987-1988 school year.
LILCO Interroaatory No. 33 In the State of New York's January 19, 1988 Responsu, you list (pp. 8-9) in response to Request No. 10 certain information "provided by the school districts" concerning "the number of school bus drivers and mechanics on the payroll of each pertinent school district."
Please provide the date of this information and list those persons who provided this information.
Identify and provide any and all documents from which this information was obtained.
Response
The requested information is taken from a New York State Education Department form which will be produce.f. as appropriate, within the time period set forth in 10 CFR 2.741.
Upon information and belief, the person who provided the requested information is identified on the forms and the date of the information coincides approximately with the date that the "Chief School officer" signed the form.
With these caveats, on a school district-by-school district basis, the names and approximate dates are:
6
Comsewogue Alan P. Austen 10/29/87 Port Jefferson Unsigned 10/14/87 Mount Sinai Anthony J.
Bonasera Undated Longwood Illegible Illegible Miller Place Margaret M. Finn 10/20/87 Rocky Point Edward J. Swensen 10/20/87 Patchogue-Medford Paul E. Hauser 10/21/87 Little Flower James J.
Dobson 10/8/87 Shoreham-Wading River Billie Briggs 10/16/87 Riverhead George Aman 10/19/87 South Manor William H. Burger 11/2/87 LILCO Interroaatory No. 34 Please provide, as agreed in your conversation with LILCO counsel _cn January 25, 1988, current copies of the radiological emergency preparedness plans for the counties of Orange, Putnam, and Rockland.
Please provide as well current copies of the radiological emergency preparedness plans for the counties of Dutchess, Jefferson, and onondaga.
Resoonse:
Without agreeing to the relevancy of this document request, the requested documents will be searched for and produced, as appropriate, within the time period set forth in 10 CFR 2.741.
7
+.
7 LILCO Interroaatorv No. 35 To the extent not provided by your answers to Requests 23 and 24 in LILCo's Second Set of Interrogatories and Requests for Froduction of Documents Regarding Role Conflict of School Bus Drivers to Suffolk County and New York State, dated January 13, 1988, please provide one example known to Intervenors (as defined in Definition F of the "Definitions" cited above) of a bus driver who, in an emergency, attended to the safety of his own family before reporting to perform his bus driving duties.
For this example please identify the emergency, the date, the organization for which the bus driver worked at the time, the duties the bus driver was expected to perform in connection with the emergency, the length of time before the bus driver reported to perform these duties, and the family members whose safety the driver attended to.
Identify also the source (person oc document or both) of this example.
Response
Other than information or documents submitted or developed in the emergency planning proceedings in 1983-84, the State of New York has not been able, to date, to locate any responsive information or documents within the possession, custody or control of the State of New York.
If and when such information and documents are located, the information and documents %ill be provided as appropriate.
8 t
ea 2,
r LILCO Interrocatory No. 36 Give a-second exanple of a bus driver who, in an emergency, attended to the safety of his own family before reporting to perform his bus driving duties and identify the example and source as requested in Request No. 35 above.
Response
Other than information or documents submitted or developed in the emergency planning proceedings in 1983-84, the State of New York has not been able, to date, to locate any responsive information or documents within the possession, custody or control of the State of New York.
If and when such information and documents are located, the information and documents will be provided as appropriate.
LILCO Interroaatory No. 37 Give a third example of a bus driver who, in an emergency, attended to the safety of his own family before reporting to perform his bus driving duties and identify the example and source as requested in Request No. 35 above.
ResDonse:
Other than information or documents submitted or developed in the emergency planning proceedings in 1983-84, the State of New York has not been able, to date, to locate any responsive information or documents within the possession, custody or control of the State of New York.
If and when such information and documents are located, the information and 9
documents will be provided as appropriate.
, LILCO Interraatory No.~38 In your response to LILCO Interrogatory No.
1, Suffolk County's Answers to LILCO's First Set of Interrogatories and Document Request Regarding Role Conflict of School Bus Drivers (Jan. 19, 1988), at 3, you refer to Professor Cole's "Contacts with other experts on the subject."
Please identify all such contacts.
Response
This interrogatory is not directed to the State of New York.
LILCO Interroaatorv No. 39 In the same response cited in No. 38 above you refer to the "causes of role conflict and the factors existing on Long Island which could lead to role conflict."
Identify all such "causes" and "factors."
Response
This interrogatory is not directed to the State of New York.
LILCO Interroaatory No. 40 In your response to LILCO Interrogatory 21 (dated January 19,.1988) you say that "[f)urther research, analysis and discovery may reveal additional State and/or local laws, regulations and ordinances that would be violated by LILCo's 10
l
-proposal."
Have you identified any such laws, regulation, or ordinances?
If so,.what are they?
ReaDongst 'This interrogatory does not appear to be directed to
- i the State of New York because the quotation is not taken from j
the State of New-York's January 19, 1988 response to LILCO Interrogatory No. 21.
Nevertheless, juut the State of New York's amendment and supplementation of the State of_New York's January i
19, 1988 response,. dated January 27, 1988.
Further.research, j
analysis and discovery may reveal additional State and/or local
\\
laws, regulations and ordinances that would be violated by 1
LILCO's proposal.
The objections and qualifications previously stated in l
I response to LILCO Interrogatories Nos. 21, 17 and 22 are hereby incorporated by reference.
i LILeo Interroaatory No. 41 1
4 Are you aware of any contacts or communications in which L
any person or group has attempted to persuade schools or 5
school districts (or representatives or employees of schools or school districts) not to participate in LILCo's auxilliary f
school bus driver arrangement or otherwise not to cooperate l
with LILCO with regard to the evacuation of schools during a I
1 Shoreham emergency?
If so, please identify such contacts and communications.
To the extent that such information is
[
t available to you or can be obtained, please include, for each j
11 i
r
_ _ - _ _ ~. _ _ _, _ _. -
r
o contact and communication,-the school or school district contacted and the person talked with, the date of each contact,~and the substance of each conversation.
Please produce any documents related to such contacts.
j
Response
No, the State of New York is not aware of any such contacts or communications.
LILCO Interroaatory No. 42 Are you aware of any contacts or communications in which any person or group has attempted to persuade any bus companies under contract to schools and school districts not to participate in LILCO's auxiliary school bus driver arrangement or otherwise not to cooperate with LILCO with regard to the evacuation of schools during a Shoreham emergency?
If so, please identify those contacts as requested in Request No. 41 above.
Response
No, the State of New York is not aware of any such contacts or communications.
LILCO Interroaatory No. 43 Are you aware of.any contacts or communications in which l
any person or group has attempted to persuade any bus company on Long Island, to the extent not identified in Request No.
42, not to participate in LILCO's auxiliary school bus driver arrangement or otherwise not to cooperate with LILCO with 12
0, regard to the evacuation of schools during a Shoreham emergency?
If so, please identify those contacts as requested in Request No. 41 above.
Rapponse:
No, the State of New York is not aware of any such colttacts or communications.
LIICO Interroaatorv No. 44 Are you aware of any contacts or communications in which any person or group has attempted to persuade any school bus
[
Crivers on the payroll of or under contract with schools or school districts not to participate in LILCO's auxiliary school bus driver arrangement or otherwise not to cooperate with LILCO with regard to the evacuation of schools during a shoreham emergency?
If so, please identify those contacts as requested in Request ~No. 41 above.
EAEE2D11:
No, the State of New York is not aware of any such contacts or communications.
Obiections Stated by Counsel Counsel states all objections, assertions of privilege, and ansvers not requiring verification.
q, AhY 5-1)
Richard (J. p ppleuter Deputy Speciar Counsel to the Governor t
Attorney for Mario M. Cuomo Governor, and the State of New York 13 i
e-3.
DOCKCICO 05NHC DATE: February lW 7t946 P3:44 Off(CE OF SMt(Aty UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00CmgAhC Before the Atomic Safety and Licensina Board In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station
)
)
Unit 13
)
i CERTIFICATE OF SERVICE I hereby certify that copies of the "Response of the State of New York to LILCO's Third Set of Interrogatories and Requests for Production of Documents Regarding Role Conflict of School Bus Drivers" have been served on the following this loth day of February 1988 by U.S. mail, first class, except as noted by asterisks.
Mr.- Frederick J. Shon Spence W.
Perry, Esq.
Atomic Safety and Licensing Board William R. Cumming, Esq.
U.S. Nuclear Regulatory Commission Office of General Counsel, Washington, D.C.
20555 Federal Emergency Management Agenc 500 C Street, S.W.,
Room 840 Washington, D.C.
20472 Dr. Jerry R. Kline Mr. James P. Gleason, Chairman Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 k
p
- o.
4 Anthony F.
Earley, Jr., Esq.
Joel Blau, Esq.
General Counsel Director, Utility Intervention Iong Island Lighting Company N.Y. Consumer Protection Board 175 East Old Country Road Suite 1020 Hicksville, New York 11801 Albany, New York 12210 Ms. Elisabeth Taibbi Mr. Donald P.
Irwin**
Clerk Hunton & Williams Suffolk County Legislature 707 East Main Street Suffolk County Legislature P.O. Box 1535 Office Building Richmond, Virginia 23212 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 Commission 195 East Main Street 1717 H Street, N.W.
Smithtown, New York 11787 Washington, D.C.
20555 Adrian Johnson, Esq.
Hon. Patrick G. Halpin New York State Department of Law Suffolk County Executive 120 Broadway, 3rd Floor H.
Lee Dennison Building Room 3-16 Veterans Memorial Highway New York, New York 10271 Hauppauge, New York 11788 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee Suite K P.O.
Box 231 San Jose, California 95125 Wading River, New York 11792 E. Thomas Boyle Lawrence Coe Lanpher, Esq.
Suffolk County Attorney Kirpatrick & Lockhart Building 158 North County complex 1800 M Street, N.W.
Veterans Memorial Highway South Lobby - Ninth Floor Hauppauge, New York 11788 Washington, D.C.
20036 Mr. Jay Dunkleburger George Johnson New York State Energy Office U.S. Nuclear Regulatory Commission Agency Building #2 Washington, D.
C.
20555 Empire State Plaza Albany, New York 12223
a a
Mr. James P. Gleason Douglas J. Hynes Chairman Town Board of Oyster Bay Atomic Safety and Licensing Board Town Hall 513 Gilmoure Drive Oyster Bay, New York 11771 Silver Spring, MD 20901 David A.
Brownlee, Esq.
Mr. Philip McIntrie Kirkpatrick & Lockhart FEMA 1500 Oliver Building 26 Federal Plaza Pittsburgh, Pennsylvania 15222 New York, New York 10278 Mr. Stuart Diamond Business / Financial NEW YORK TIMES 229 W.
43rd Street New York, New York 10036
-r %
Richard JL7.shnikuter, Esq.
Deputy Special Counsel to the Governor Executive Chamber Capitol, Room 229 Albany, New York 12224 (518) 474-1273 By Telecopier By Federal Express
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