ML20196F041
| ML20196F041 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/25/1988 |
| From: | Matchett S HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | NEW YORK, STATE OF, SUFFOLK COUNTY, NY |
| References | |
| CON-#188-5704 OL-3, NUDOCS 8803020016 | |
| Download: ML20196F041 (12) | |
Text
e LILCO, February 25,'1988
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KELMED CORRESPONDQCA DOCKETCO UNITED STATES OF AMERICA EC NUCLEAR REGULATORY COMMISSION W FEB 29 P4 :15 Before the Atomic Safety and Licensing Board f,g.{!
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In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
LILCO'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING HOSPITAL EVACUATION TIME ESTIMATES TO SUFFOLK COUNTY AND NEW YORK STATE Long Island Lighting Company, by its counsel, propounds the following interroga-tories to Suffolk County and New York State ("Intervenor" or "the Intervenors"), pursu-ant to SS 2.740, 2.740b, and 2.741 of the Nuclear Regulatory Commission's Rules of Practice. By propounding these interrogatories LILCO makes no admission or represen-tation about the proper scope of the issues to be decided or the evidence that may be presented on the bases and accuracy of LILCO's hospital evacuation time estimates.
INSTRUCTIONS A.
Each interrogatory shall be answered separately and fully in writing under oath in accordance with 5 2.740b of the NRC's Rules of Practice. To the extent that Intervenors do not have specific, complete, and accurate information with which to an-swer any interrogatory, Intervenors should so state, and the interrogatory should be an-swered to the extent information is available, identifying each person who is believed to have accurate information with respect thereto. Where exact information is not available, estimated information should be supplied; the answer should state that the in-formation is an estimate and the basis on which the estimate was made.
Where appropriate, the upper and lower boundaries of the estimate should be given.
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B.
Each interrogatory shall be deemed to be continuing, and Intervenors are requested seasonably to supplement answers with additional f acts, documents, informa-tion, and names of witnesses which become known,in accordance with 5 2.740(e)(1) and (2) of the NRC's Rules of Practice.
C.
The words "and" and "or" shall be construed either conjunctively or disjunc-tively so as to bring within the scope of these discovery requests any information that might otherwise be construed to be outside their scope.
D.
Wherever appropriate, the singular form of a word shall be interpreted in the plural, and vice versa, so as to bring within the scope of these discovery requests any information that might otherwise be construed to be outside their scope.
E.
Wherever appropriate, the masculine form of a word shall be interpreted as feminine, and vice versa, so as to bring within the scope of these discovery requests any information that might otherwise be construed to be outside their scope.
F.
Please produce each document in the form and condition in which it exists on the date of service of this request, including all comments, notes, remarks, and other material that may have been added to the document af ter its initial preparation.
G.
If Intervenors object to or claim a privilege (attorney-client, work product, or other) with respect to any interrogatory or document request, in whole or in part, or seek to withhold documents or information because of the alleged proprietaty nature of the data, please set forth all reasons and the underlying factual basis for the objection or claim of privilege in sufficient detail to permit the Licensing Board to determine the validity of the objection or claim of privilege. This description by Intervenors should include with respect to any document: (1) author, addressor, addressee, recipients of in-dicated and "blind" copies together with their job titles; (2) date of preparation; (3) sub-ject matter; (4) purpose for which the document was prepared: (5) all persons to whom
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H.
For any document or part of a document that was 3t one time, but is no longer, in Intervenors' possession, custody, or control, or which is no longer in exis-tence, or which cannot be located or produced, identify the document, state where and how it passed out of existence or why it can no longer be located and the reasons there-for, and identify each person having knowledge concerning such disposition or loss and the contents of the document, and identify each document evidencing its prior exis-tence and/or any f act concerning its nonexistence or loss.
I.
When, in order to answer a question fully or accurately, it is necessary to distinguish between the responses of individual Intervenors or to identify individual In-tervenors, such distinctions or identifications should be made in the answer.
DEFINITIONS A.
"Person" means any individual, corporation, partnership, unincorporated as-sociation, joint venture, government or agency thereof, or other legal entity or form of organization or association.
B.
"Document" means the original and each copy, regardless of origin or loca-tion, of any written, typed, printed, recorded or graphic material, however produced or reproduced, or any tangible thing that in whole or in part illustrates or conveys infor-mation, including but not limited to papers, letters, notes, books, correspondence, memoranda, interoffice or intraoffice communications, corporate records, memoranda or minutes of meetings, or conversations whether personal or telephonic, cablegrams,
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mailgrams, telegrams, reports, summaries, surveys, analyses, studies, calculations, pra-jections, ledgers, journals and other formal or informal books of record or account, bul-l letins, notices, announcements, advertisemeats, catalogs, manuals, instructions, i
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agreements, contracts and other legal documents, notebooks, clippings, vouchers, checks and draf ts, bills, receipts, invoices, calendars, appointment books, diaries, pre-Ilminary draf ts and working papers, drawings, sketches, graphs, charts, plans, specifi-cations, blueprints, photographs, films, videotapes, tapes, recordings, computer-stored and computer-retrievable information, annotations or markings appearing on any docu-ment or thing, and all other writings and recordings of every description, however denominated, translated or described.
C.
"Communication" or "contact" includes every exchange of information by any means including but not limited to personal or telephonic.
D.
"LILCO" or "LILCO personnel" mean Long Island Lighting Company and any affiliate, agent, employee, consultant, contractor, technical advisor, representative, or other person acting for or on behalf of LILCO, or et LILCO's direction or control, or in concert with LILCO or assisting LILCO.
E.
"Shoreham" means the Shoreham Nuclear Power Station, Unit 1, any part thereof, or any structure, system, component, instrumentation, equipment, or materials included in, or intended to be included in Shoreham.
4 F.
"Intervenors" means Suffolk County, New York State, and the Town of Southampton, or any of thens, or any agency thereof and any agent, employee, consul-tant, contractor, technical advisor, representative or other person acting for or on be-half of them, or at their direction and control, or in concert with or assisting them.
G.
"Contractor" means any person, not affiliated with Intervenors, who per-formed work concerning Shoreham on behalf of Intervenors and/or pursuant to a con-tract with Intervenors or sub-contractors who performed work on behalf of a contrac-tor with whom the person was not affiliated and pursuant to a contract with such contractor. A person other than a contractor, who contracts with the sub-contractor, i
shall be deemed a sub-contractor.
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y 5-H.
"Concerns," "concerning," or any other derivative thereof, includes refer-ring to, responding to, relating to, pertaining to, in connection with, compromising, i
memoralizing, cammenting on, regarding, discussing, showing, describing, reflecting, analyzing, supporting, contradicting, and constituting.
I.
"Identify" when used in reference to a natural person means to set forth the following:
1.
his name; 2.
his last known residential address; 3.
his last known business address; 4.
his last employer; 5.
his title or position; 6.
his area of responsibility; 7.
his business, professional, or other relationship with Intervenors; and 8.
if any of the above information is changed subsequent to the time i
period referenced in a particular interrogatory, set forth in the an-swer, and label appropriately, current information as well as the in-formation applicable to the time period referenced in the interroga-t tory.
J.
"Identify" when used in reference to a corporation or other entity that is not a natural person shall mean to set forth the following:
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1.
the full name of such person, including its legal name and any as-sumed or trade names under which it transacts or has transacted g
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2.
the nature or form of such a person,if known; 3.
the address of its principal place of business or the principal place where such person is to be found; 4.
whether Intervenors have or have had any relationship or affiliation with such person, its affiliates or subsidiaries, and, if so, a descrip-tion of such relationship; and 5.
if any of the above information has changed subsequent to the time period referenced in a particular interrogatory, set forth in the an-swer, and label appropriately, current information as well as the in-formation applicable to the time referenced in the interrogatory.
X.
"Identify" when used in reference to a document shall mean to set forth the following:
1.
Itstitle; 2.
Its subject matter; 3
its date; 4.
Its author; 5.
Its addressee; 6.
Its file designation or other identifying designation; and 7.
Its present location and present custodian.
L.
"Identify" with respect to a contact or communication shall mean to set forth the following:
1.
the date of the communication; 2.
the place of the making and place of receipt of the communication;
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7 3.
the type and means of communication; 4.
the substance of the communication:
5.
each person making a communication, and his location at the time the communication was made; 6.
each person to whom the communication was made, and his location at the time the communication was made; 7.
all other persons present during, participating in, or receiving the communication and the location of each such person at the time; 8.
each document concerning such communication; and 9.
each document upon which the communleation is based or which is referred to in the communication.
M.
"Analysis" means research, investigation, audit, inspection, review, evalua-tion, testing, monitoring, or any other method or form of examining data and/or forming conclusions or recommendations.
N.
"NRC" or "NRC Staff" means the Nuclear Regulatory Commission and its staff, any division or section or region thereof, any staff member thereof, or any agent, consultant, contractor, technical advisor, employee, or representative of the NRC.
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0.
"FEMA" means the Federal Emergency Management Agency and its staff, l
any division or section or region thereof, any staff member thereof, or any agent, con-sultant, contractor, technical advisor, employee, or representative of FEM A.
INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS Identification of Witnesses 1.
Please identify each witness Intervenors expect to call to testify on the issue of the bases and accuracy of LII.CO's hospital evacuation time esti-mates, as defined hi the Board's February 25 Memorandum and Order. For t
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'4 8-each witness, other than experts, that Intervenors expect to call, state the subject matter on which he is expcted to testify and the substance of the f acts to which he is expected to testify. For each witness that Intervenors expect to call as an expert witness, state the subject matter on which he is expected to testify, the substance of the facts and opinions to which he is expected to testify, and the summary of the grounds for each such opinion.
2.
For each witness, please provide a copy of his most current curriculu.a vitae, resume, or statement of professional qualifications.
3.
Please list any NRC, legislative, or other legal proceeding in which each witness has testified on any matter concerning evacuation time estiraates for general population evacuees, special f acilities or hospitals.
4.
Please provide a copy of any prefiled testimony listed in response to Inter-rogatory 3 above.
l 5.
Please identify all articles, papers, and other documents authored or coau-thored by each witness on the subject of evacuation time estimates for gen-eral population evacuees, special f acilities, or hospitals.
j 6.
Please state whether each witness has prepared, or has had prepared, any written studies, reports, analyses, or outer documents with respect to any of the following:
(a)
Evacuation time estimates for hospitals or special facilities in the 10-mile EPZ around any nuclear power plant in New York or else-where in the United States; and L
(b)
The assumptions used in calculating such evacuation time estimates, r
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7.
Unless the answer to Interrogatory 6 above is a simple negative, please identify and provide a copy of each document.
8.
Have any of the witnesses Intervenors expect to call on this lasue calculat-ed evacuation time estimates for the hospitals in the Shoreham EPZ7 If so, please state the assumptions used in calculating them and provide a copy of every document relied upon in the calculation.
Identification of Information 9.
Please list each and every reason why Intervenors believe that LILCO's hos-pital evacuation time estimate calculations are flawed (se Intervenors' Re-sponse to LILCO's Motion for Summary Disposition of the Hospital Evacua-tion Issue (Jan. 25,1988), at 25 n.11). Please identify and produce a copy of every document that Intervenors think supports this opinion.
- 10. Please list each and every reason why Intervenors believe that the assump-tions used in calculating the hospital evacuation time estimates (listed in the Dec.18 Lieberman affidavit at pages 2-3, and in Rev. 9 of the LILCO Plan at Appendix A) are inaccurate, inadequate, insufficient, or incom-
)
plete. For each assumption that Intervenors believe to be incorrect, state what is in Intervenors' view the correct assumption.
- 11. State every reason, if there are any, that LILCO's hospital evacuation time estimates fail to conform with 10 C.F.R. Part 50 App. E and NUREG-06$4.
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- 12. Please list the specific hospital evacuation time estimates that have been 1
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power plant in New York, and list all of the assumptions used in calculating i
each set of time estimates. Please identify and produce a copy of every document concerning such time estimates and assumptions.
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.t Identification of Other Documents 13.
Please identify and provide a copy of any document not already identified in response to Interrogatories 1-12 above on which Intervenors intend to rely in support of their position on the accuracy and bases of the hospital evacuation time estimates contained in Rev. 9 of the LILCO Plan.
Respectfully submitted, W
N Scott'D. Matchelt Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: February 25,1988
LILCO, FGbruary 25,1988
%^VElp FEB 29 p4 :15 CERTIFICATE OF SERVICE 0FFIci a: e; In the Matter of 00E,W g gyp,[g" 0
LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 I hereby certify that copies of LILCO's First Set of Interrogatories and Requests for Production of Documents Regarding Hospital Evacuation Time Estimates to Suffolk County and New York State 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 Board Panel 513 Gilmoure Drive U.S. Nuclear Regulatory Commission Silver Spring, Maryland 20901 Washington, D.C. 20555 Dr. Jerry R. Kline **
George E. Johnsoa, Esq. **
Atomic Safety and Licensing Richard G. Bachmann, Esq.
Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission One White Flint North East-West Towers, Rm. 427 11555 Rockville Pike 4350 East-West Hwy.
Rockville, MD 20852 Bethesda, MD 20814 Herbert H. Brown, Esq.
- Mr. Frederick J. Shon **
Lawrence Coe Lanpher, Esq.
Atomic Safety and Licensing Karla J. Letsche, Esq.
Board Kirkpatrick & Lockhart U.S. Nuclear Regulatory Commission South Lobby - 9th Floor East-West Towers, Rm. 430 1800 M Street, N.W.
4350 East-West Hwy.
Washington, D.C. 20036-5891 Bethesda, MD 20814 Fabian G. Palomino, Esq.
- Secretary of the Commission Richard J. Zahnleuter, Esq.
Attention Docketing and Service Special Counsel to the Governor Section Executive Chamber U.S. Nuclear Regulatory Commission Room 229 1717 H Street, N.W.
State Capitol l
Washington, D.C. 20555 Albany, New York 12224 Atomic Safety and Licensing Alfred L. Nardelli, Esq.
Appeal Board Panel Assistant Attorney General l
U.S. Nuclear Regulatory Commission 120 Broadway L
Washington, D.C. 20555 Room 3-118 New York, New York 10271 1
4
. Spence W. Perry, Esq. **
Ms. Nora Bredes William R. Cumming, Esq.
Executive Coordinator Federal Emergency Management Shoreham Opponents' Coalition Agency 195 East Main Street 500 C Street, S.W., Room 840 Smithtown, New York 11787 Washington, D.C. 20472 Evan A. Davis, Esq.
Mr. Jay Dunkleberger Counsel to the Governor New York State Energy Office Executive Chamber Agency Building 2 State Capitol Empire State Plaza Albany, New York 12224 Albany, New York 12223 E. Thomas Boyle, Esq.
Stephen B. Latham, Esq. **
Suffolk County Attorney Twomey, Latham & Shea Building 158 North County Complex 33 West Second Street Veterans Memorial Highway P.O. Box 298 Hauppauge, New York 11788 Riverhead, New York 11901 Dr. Monroe Schneider Mr. Philip McIntire North Shore Committee Federal Emergency Management P.O. Box 231 Agency Wading River, NY 11792 26 Federal Plaza New York, New York 10278 Jonathan D. Feinberg, Esq.
New York State Department of Public Service, Staff Counsel Three Rockefeller Plaza Albany, New York 12223 W
Sco'tt D. Match (tt Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 I
f DATED: February 25,1988 i
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