ML20196F162

Lilco First Set of Interrogatories & Requests for Production of Documents Re Lilco Emergency Broadcast Sys to Suffolk County & State of Ny.* Certificate of Svc Encl.Related Correspondence

ML20196F162
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/24/1988
From:	Matchett S HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	NEW YORK, STATE OF, SUFFOLK COUNTY, NY
Shared Package
ML20196F155	List: ML20196F151 ML20196F162
References
OL-3, NUDOCS 8803020060
Download: ML20196F162 (12)

Text

LILCO, February 24,1988 A

RELATED CORRESPONDENCE

DOCKETED UNITED STATES OF AMERICA 05NPT NUCLEAR REGULATORY COMMISSION

~&9 FEB 29 P4 :03 Before the Atomic Safety and Licensing Board Orrq -r en m. <

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In the Matter of )

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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 PROPUCTION OF DOCUMENTS REGARDING LILCO's EMERGENCY BROADCAST SYSTEM TO SUFFOLK COUNTY AND NEW Yr"lK 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 EBS issuu.

INSTRUCTIONS A. Each interrogato7 shall be answered separately and fully in writing under oath in accordance with S 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, m3SM S$ii" G

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B. Each interrogatory shall be deemed to be continuing, and Intervenors are requested seasonably to supplement answers with additional facts, documents, informa-tion, and names of witnesses which become known, in accordance with S 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 (httorney-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 proprietary 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 t

validity of the objection or claim of privilege. This description by Intervenors should include vath 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 t

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4 distributed, shown, or explained; (6) present custodian; (7) all persons believed to have a copy of the document; and (8) the nature of the privilege or objection Asserted.

H. For any document or part of a document that was at one time, but is no longer, in Intervenors' possession, custody, or control, or which is no longrer 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 fact 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 ag6ncy 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 intraoitice communications, corporate records, memoranda or minutes of meetings, or conversations whether personal or telephonic, cablegrams, mailgrams, telegrams, reports, summaries, surveys, analyses, studies, calculations, pro-l l jections, ledgers, journals and other formal or informal books of record or account, bul-letins, notices, announcements, advertisements, catalogs, manuals, instructions, I

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agreements, contracts and other legal documents, notebooks, clippings, vouchers, checks and draf ts, bills, receipts, invoices, calerdars, appointment books, diaries, pre-liminary draf ts and working papers, drawings, sketches, graphs, charts, plans, specifi-cations, blueprints, photographs, films, videotspes, tapes, recordings, computer-stored and computer-retria aole 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, oc other person acting for or on behalf of LILCO, or at 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.

F. "Intervenors" means Suffolk County, New York State, and the Town of Southampton, or any of them, or any agency thereof and any agent, employce, consul-tant, contractor, technical advisor, representative or other person acting for or on be-4 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, shall be deemed a sub-contractor.

H. "Concerns," "concerning," or any other derivative thereof, includes refer-ring to, responding to, relating to, pertaining to, in connection with, compromising, memoralizing, commenting 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 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-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:

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 business;

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2. the nature or form of such a person,if known;

's , 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.

K. "Identify" when used in reference to a document shall mean to set forth the following:

1. Its title;

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 communicatinn;

2. the place of the making and place of receipt of the communication; 1

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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 i

I at the time the communication was made; 1

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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 communication 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" o'r "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.

O. "FEMA" means the Federal Emergency Management Agency and its staff, 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.

P. "EBS issues" means those issues raised by Intervenors' EBS contentions 1.A.

1.B 1.C, and 2.A, which were admitted by the Board in its February 22,1988 Order.

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3 INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS Identification of Witnesses ,

1. Please identify each witness Intervenors expect to call to testify on any factors concerning EBS contentions 1.A,1.B.1.C, and 2.A, admitted by the Board in its February 22,1988 Order. For each witness, other than experts, that Intervenors expect to call, state the subject matter on which he is ex-pected to testify and the substance of the facts to which he is expected to testify. For each witness that Intervenors expect to call as an expert wit-ness, state the subject matter on which he is expected to testify, the sub-stance 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 curriculum 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 niatter concerning the adequacy and coverage capabilities of radio stations and, more specifically, the adequacy under NRC regulations of any EBS Station or network intended to be used in the event of any nuclear or non-nuclear emergency to communicate emergency information to the public.

4. Please provide a copy of any prefiled testimony listed in response to Inter-rogatory 3 above.

5. Please identify all articles, papers, and other documents authored or coau-thored by each witness on the subject of the adequacy and coverage capa-bilities of radio stations and, more specifically, the adequacy under NRC regulations of any EBS station or network intended to be used in the event

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, e of any nuclear or non-nuclear emergency to communicate emargency infor-mation to the public.

6. Please state whether each witness has prepared, or has had prepared, any written studies, reports, analyses, or other documents with respect to any of the following:

(a) The broadcast coverage area of any radio station (s);

(b) The effect of geography, transmitter location, and reception anten-na location on the broadcast signal and coverage capability of any radio station (s); and (c) The broadcast coverage capabilities required of any EBS radio sta-tion or system under NRC or FCC regulations.

7. Unless the answer to Interrogatory 6 above is a simple negative, please identify and provide a copy of each document.

Identification of Information

8. Please list each and every factor, basis, or reason that Intervenors claim supports their statement in Contention 1.A that "WPLR's broadcast signal is too weak to convey a strong and clear broadcast message throughout the E P Z." Please identify and produce a copy of every dccument concerning any such f actors, bases, or reasons.

9. Please list each and every factor, basis, or reason that Intervenors claim supports their statement in contention 1.B that "The geography of Long Is-land, combined with the location of WPLR's transmitters, exacerbates the weakness of WPLR's broadcast signal with respect to the public in . . . the Shoreham EPZ." Please identify and produce a copy of every document concerning any such f actors, bases, or reasons.

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10. Please state the basis for Intervenors' statement in contention 1.B that "Long Island radio antennas are typically oriented in a nominal east-west direction, in order to facilitate reception of radio signals from the New York City area." Please identify and produce any documents that Interve-nors believe support this statement.

11. Please identify and produce a copy of any documents that Intervenors be-lleve support their statement in contention 2.A that "the new EBS network has significant gaps in its AM coverage of the EPZ at night."

Identification of Other Documents

12. Please identify and provide a copy of any document not already identified in response to Interrogatories 1-11 above on which Intervenors intend to rely in support of their position on contentions 1.A,1.B,1.C, and 2.A.

Respectfully submitted, W-Sc6tt D. Matche'tt Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: February 24,1988 l

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LILCO, February 24,1988 0Ca.Erc-us;. -

h CERTIFICATE OF SERVICE FEB 29 P4 :04 GFC p .

In the Matter of l

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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 LILCO's Emergency Broadcast System to Suffolk County and New York State and LILCO's First Set of Requests for Admissions Regarding LILCO's Emergency Broadcast System were served this date upon the follow-ing by telecopier as indicated by one asterisk, by Federal Express as indicated by two asterisks, or by first-class mall, 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. Johnson, 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, FJg.

• 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 Washington, D.C. 20555 Albany, New York 12224 Atomic Safety and Licensing Alfred L. Nardelli, Esq.

Appeal Board Panel Assistant Attorney General U.S. Nuclear Regulatory Commission 120 Broadway Washington, D.C. 20555 Room 3-118 New York New York 10271

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

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• D. Matchett Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: February 24,1988

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