ML20196G108
| ML20196G108 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/29/1988 |
| From: | Mark Miller KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | LONG ISLAND LIGHTING CO. |
| References | |
| CON-#188-5740 OL-3, NUDOCS 8803070016 | |
| Download: ML20196G108 (18) | |
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N MMD COftHESPonDt.Ngg 00M0 USNRC February 29, 1988 UNITED STATES OF AMERICA 16 MM -3 P2 :23
' NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensino B@2}Q GF SECTEDJ '
vuvn; i
ERVICL
)
In the Matter of
)
)
Docket No. 50-322-OL-3 LONG ISLAND LIGHTING COMPANY
)
(Emergency Planning)
)
(Shoreham Nuclear Power
)
Station, Unit 1)
)
)
SUFFOLK COUNTY'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO LONG ISLAND LIGHTING COMPANY REGARDING EMERGENCY BROADCAST SYSTEM Pursuant to 10 CFR $$ 2.740b and 2.741, and in accordance with the Definitions and Instructions attached hereto, LILCO is requested by Suffolk County to answer separately and fully, under oath, each of the interrogatories set forth below, and to produce for inspection and copying, at the offices of Kirkpatrick &
Lockhart, the documents specified below that are within the
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possession, custody, or control of LILCO.
INTERROGATORIES AND DOCUMENT REOUESTS 1.
Identify each person whom LILCO expects to call as an I
expert or non-expert witness during the EBS proceeding and the t
subject matter on which each witness will testify.
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2.
For each expert witness identified in response to Interrogatory No. 1, state the substance of the facts and l
opinions on which each expert is expected to testify and a summary of the grounds for each opinion.
3.
Provide an up-to-date resume of each witness identified in response to Interrogatory No. 1.
4.
For each witness identified in response to Interrogatory No. 1, provide all studies, papers, articles, reports, books and other such documents, published or unpublished, authored or prepared by each such witness relating to the issues in this proceeding including, but not limited to, emergency broadcast system, signal strength, signal strength measurements and technical requirements for EBS stations.
5.
Identify by date, location and proceeding, all prior testimony before any judicial, administrative, or legislative body, including deposition testimony, concerning emergency preparedness, including emergency broadcast systems and the I
adequacy and coverage capabilities of radio stations, given by each of the witnesses identified in response to Interrogatory No.
1.
6.
Provide copies of all correspondence or other communications between LILCO and the radio stations participating in LILCO's EBS.
Such documents already provided to Suffolk County in connection with earlier Shoreham emergency planning I
proceedings need not be produced again, but merely identified.
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i 7.
Provide copies of all correspondence to or from, and any other documents or information sent by or on behalf of LILCO, to, or received from, FEMA and/or the NRC, or any other federal agency, federal personnel, or contractor thereof, relating to LILCO's EBS.
8.
Identify by date and description all drills, exercises, classroom training sessions, and all other training or instructional activities or documents relating to LILCO's EBS that have been held and/or are scheduled to be held.
9.
For each activity identified in response to Interrogatory 8, provide all documents conce:ning the activity.
10.
Provide all documents, including but not limited to correspondence, the survey instrument and drafts thereof, and all raw data relating to the telephone survey, as referenced in LILCO's Motion, conducted by Campaign Research, Inc., of Westport, Connecticut between September 30, 1987 and October 4, 1987.
11.
Identify all schools, hospitals, nursing homes, handicapped facilities, large employers or other organizations which have been or will be provided with tone alert radios capable of being by activated WPLR's EBS signal.
12.
Provide a copy of all documents, including correspondence and drafts, concerning the modification or replacement of any and all tone alert receivers that were set to be activated by WALK radio, i
i 13.
Identify all persons who nase evaluated, analyzed, or studied any of the radio stations comprising LILCO's ERS, in connection with such radio stations' participation in the EBS and explain the nature of such persons' activitles in this regard.
14.
With respect to each person identified in response to Interrogatory 13, above, provide all documents prepared by, for, or under the supervision of such person relating to LILCO's EBS or the radio stations participating therein.
15.
Provide all documents underlying, supporting, or relied upon in preparing the Cohen and Dippell reports attached to LILCO's motion for summary disposition on the EBS issues, including, but not limited to, notes, memoranda, field data, data compilations and drafts of the reports.
16.
Identify all persons who participated in preparing the Cohen and Dippell reports and explain the nature of their participation.
17.
Describe in detail any portions of the EPZ that are not covered by an AM signal, including but not limited to, the "portion of the EPZ that might remain uncovered by a nighttime AM signal" as referenced in LILCO's Motion.
Describe also in detail any portions of the EPZ that are not covered by an FM signal.
Provide all documents, including correspondence and drafts, relating to any portions of the EPZ identified above.
18.
(a)
Describe in detail LILCO's "requirements" for testing WPLR-FM's "signal" as referenced in the letter confirming
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WPLR's willingness to participate in LILCO's EBS, dated July 27, 1987, and included as Attachment 1 to LILCO's Motion.
(b)
Has LILCO furnished WPLR-FM, or any other person, with such requirements?
Provide a copy of all documents, including all correspondence and drafts, relating to such requirements.
l 19.
Describe in detail any test of, or attempt to activate i
or implement LILCO's EBS plan, in whole or in part, and equipmeat related thereto.
Provide a copy of all documents relating to any such activities.
20.
LILCO states in its Motion that "...LILCO has provided or is providing each station with whatever additional equipment it needs to participate".
Describe what additional equipment is required or necessary.
Has such additional equipment been provided to each station in LILCO's EBS plan?
Provide all documents relating to the provision of such additional equipment.
21.
Identify all persons who have analyzed the type and i
directional orientation of antennas on Long Island for LILCO or on LILCO's behalf and state the conclusion of each such person.
Provide all documents created by, for or under the supervision of such persons regarding such analyses.
22.
Provide a copy of all documents, including f
correspondence and drafts, concerning any request of any person, i
including FEMA, to review LILCO's EBS proposal ~s well as the l
a response to such a request.
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0 23.
How will LILCO's EBS operate, as stated in LILCO's Motion, in "combination with the existing State EBS?"
Provide a copy of all documents, including correspondence and drafts, concerning such combination.
24.
Identify all persons who participated in the drafting, designing, preparing, reviewing, revising, negotiating, or finalizing of LILCO's EBS plan.
25.
Provide all documents concerning the drafting, designing, preparing, reviewing, revising, negotiating or finalizing of LILCO's EBS proposal.
26.
One of the Cohen and Dippell reports contains information pertaining to WEZN, which is not a participating station in LILCO's EBS.
Why was this study of WEZN conducted?
Why is WEZN not included in LILCO's EBS?
Provide all documents concerning whether or not to include WEZN in the EBS.
27.
Provide copies of any documents relating to LILCO's EBS plan that were not previously produced or called for by the above.
Respectfully submitted, E. Thomas Boyle Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 ty Michael S. Mild'er Christopher M. McMurray Michael J. Missal KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 Attorneys for Suffolk County DEFINITIONS AND INSTRUCTIONS FOR ANSWERING INTERROGATORIES AND DOCUMENT PRODUCTION A.
Wherever appropriate, the singular form of a word shall be interpreted as plural and vice versa.
B.
"And" as well as "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope hereof any information (as defined herein) which might otherwise be construed to be outside the scope of these discovery requests.
C.
Wherever appropriate, the masculine form of a word shall be interpreted as feminine and vice versa.
D.
The term "person" includes any natural person, firm, partnership, educational institution, joint venture, corporation, and any foreign or domestic government organization (including military and civilian), or group of natural persons or such entities.
E.
The term "information" shall be expansively construed and shall include, but not be limited to, facts, data, theories, I
analyses, opinions, images, impressions, concepts and formulae.
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F.
The term "document" means any tangible thing from or on I
which information can be stored, recorded, processed, trans-mitted, inscribed, or memorialized in any way by any means regardless of technology or form and including but not being limited tot papers, books, accounts, newspaper and magazine I
articles, letters, photographs, objects, tangible things, correspondence, telegrams, cables, telex messages, memoranda, l.
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notes, notations, work papers, drawings, blueprints, plans, specifications, manuals, procedures, transcripts, minutes, reports and recordings of telephone or other conversations, or of interviews, or of conferences, or of other meetings, occurrences, or transactions, affidavits, transcripts of depositions or hearings, statements, summaries, opinions, reports, tests, experiments, analyses, evaluations, contracts, agreements, ledgers, journals, books or records of account, receipts, statistical records, desk calendars, appointment books, diaries, lists, tabulations, sound recordings, computer printouts, data processing input and output, microfilms, all other records kept by electronic, photographic or mechanical means, and things similar to any of the foregoing.
Each copy of a document which contains any separate notations or writings thereon, and each draft of a document which differs in any way from the final version of the document, shall be deemed to be a separate document for purposes of these discovery requests.
(Versions of a document which differ in clearly non-substantive and unimportant ways from other versions of the document do not need to be considered a separate document.)
G.
The term "communication" includes every exchange of information by any means.
H.
The term "LILCO" or "LILCO personnel" means Long Island Lighting Company (including LERO), and any affiliate, agent, employee, consultant, contractor, technical advisor, representative (including, without limitation, attorneys and accountants and their respective agents and employees), or other person acting for or on behalf of LILCO, or at LILCO's dirsttion or control, or in concert with LILCO or assisting LILCO.
I.
The term "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.
J.
The term "contractor" means any person, not affiliated with LILCO, who performed work concerning Shoreham, on behalf of LILCO and/or pursuant to a contract with LILCO.
The term "subcontractor" means any person, not affiliated with LILCO, who performed work of any kind concerning Shoreham, on behalf of a contractor with whom the person was not affiliated, and pursuant to a contract with such contractor.
A person, other than a contractor, who contracts with a subcontractor shall be deemed a subcontractor.
K.
The term "LILCO Motion" means LILCO's Motion for Summary Disposition of the WALK Radio Issue, dated November 6, 1987.
L.
The term "LILCO's EBS" means the emergency broadcast system as outlined and described in LILCO's Motion for Summary Disposition of the WALK Radio Issue, dated November 6, 1987.
M.
The term "LILCO's EBS stations" means the radio stations that are participating in LILCO's EBS proposal as outlined and described in LILCO's Motion for Summary Disposition of the WALK Radio Issue, dated November 6, 1987.
N.
The words "concerning," "concerns" or any other derivative thereof, include referring to, responding to, relating F
to, pertaining to, connected with, comprising, memorializing, commenting on, regarding, discussing, showing, describing, reflecting, analyzing, supporting, contradicting and constituting.
O.
Whenever in the interrogatories there is a request to identify a person that is a natural person, set forth:
(1) his name; (2) his last known residence address; (3) his last known business address; (4) his last known employer; (5) his title or position; (6) his areas of responsibility; (7) his business, professional, or other relationship with LILCO; and (8) if any of the above information has changed subsequent to the time period referenced in a particular interrogatory, set forth in the answer, and label appropriately, current information as well as the information applicable to the time referenced in the interrogatory.
P.
Whenever in the interrogatories there is a request to identify a person that is not a natural person, stater i
(1) the full name of such person; (2) the nature or form of such person, if known:
(3) the address of its principal place of business or the principal place where such person is to be found; 4_
(4) whether LILCO has or has had any relationship or affiliation with such person, its affiliates'or t
subsidiaries, and, if so, a description 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 answer, and label appropriately, current information as well as the information applicable to the time
-referenced in the interrogatory.
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Q.
Whenever in the interrogatories there is a request to identify or describe a document (1) set forth:
(a) the date of the document; (b) the type or nature of the document; (c) the length of the document; (d) the location of the document; (e) a brief description of the contents of the l
document; and i
(2) identify:
1 (a) the author, signatories and any other person j
who originated, prepared or participated in the preparation of the document; t
(b) all persons to whom the document was
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addressed and all persons to whom copies of I
the document were to be or have been sent; and
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(c) all persons whom LILCO knows or believes to have possession, custody.or control of the document and of any copies thereof.
R.
Whenever in the interrogatories there is a request to identify a communication (1) state:
(a) the date of the communication; (b) the place of the making and place of receipt of the communication; (c) the type and means of communication; (d) the substance of the communications and i
(2) identify:
t (a) each person making the communication, and his location at the time the communication was made; (b) each person to whom the communication was
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made, and his location at the time the communication was made; (c) all other persons present during, partici-pating in, or receiving the communication and t
the location of each such person at the timet (d) each document concerning such communication; and (e) each document upon which the communication is based or which is referred to in the communication.
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With respect to each interrogatory answer, identify each document which forms a basis for the answer given, is relied upon or which was reviewed, in whole or in part, in preparing the answers, or which in any way corroborates v. concerns the answer i
given.
A document to be so identified may be produced in lieu of the elements of such identification.
In such case, however, please identify the document in the answer to the interrogatory in sufficient detail so that Suffolk County can readily locate the document among all documents produced by LILCO.
T.
Where exact information cannot be furnished, estimated information should be supplied to the extent possible.
Where estimated information is used, the answer should so state and should indicate the basis upon which the estimate was made.
If possible, the upper and lower boundaries of the estimate should be given.
U.
If LILCO objects to or claims a privilege (attorney-f j
client, work product, or otherwise) with respect to any interrogatory or document request, in whole or in part, or seeks to withhold documents or information because of the alleged i
proprietary nature of the data, set forth all reasons and the t
underlying factual basis for the objection or claim of privilege in sufficient detail to. permit the Licensing Board to determine f
the validity of the objection or claim of privilege.
This L
description by LILCO should include with respect to any documentt l
the author, addressor, addressee, recipients of indicated and "blind" copies, date of preparation, subject matter, purpose for which it was prepared, number of pages, attachments or I
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appendices, all persons to whom distributed, shown or explained, present custodian,'all persons believed to have a copy of the document, and the nature of the privilege or objection asserted.
V.
-If any document called for herein has been destroyed, that document is to be identified as in "U" above.
LILCo also is requested to state the date of destruction, place and manner of
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F destruction, persons authorizing destruction and person destroying the document.
W.
Information furnished in answer to an interrogatory may be furnished by reference to the answer provided for another interrogatory, provided the other referenced answer fully i
responds to each request for information contained in the interrogatory.
Separate answers,f,hould be provided for each interrogatory and each subpart thereof, unless a complete answer to each interrogatory may best be presented through combining 4
answers.
The County is interested in this regard in receiving the relevant data asked for and any means of providing such data which is less time-consuming for the responder but which is nevertheless complete will satisfy the intent of this discovery request.
X.
Each interrogatory and document request shall be construed to impose upon LILCO the continuing obligation to supplement answers and document production whenever required by the NRC's Rules of Practice.
Y.
As used herein (1)
"Analysis" means research, investigation, audit, inspection, review, evaluation, testing, I )
monitoring, or any other method or form of examining data and/or forming conclusions or i
recommendations.
l (2)
"N7C" 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 (including but not limited to attorneys and accountants and their employees and agents) of the NRC.
(3)
"FEMA" means the Federal Emergency Management Agency and its staff, any division or section or region thereof, any staff member thereof, or any agent, consultant, contractor, technical advisor, employee, or representative (including but not limited to attorneys and accountants and their employees and agents) of FEMA.
2.
If LILCO is unable to answer any interrogatory or portion thereof, identify the person whom LILCO believes has the knowledge or information which the interrogatory addresses.
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DOC KE TEE-USNHC February 29. 1988
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION QFflCE 08 M cALTAn Before the Atomic Safety and Licensino BenfrM fiNG A 'i[itylC(,
BRANCH
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
1 CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO LONG ISLAND LIGHTING COMPANY REGARDING EMERGENCY BROADCAST SYSTEM have been served on the following this 29th day of February, 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 O.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 James P. Gleason, Chairman William R. Cumming, Esq.
I 513 Gilmoure Drive Spence W.
Perry, Esq.
Silver Spring, Maryland 20901 Office of General Counsel Federal Emergency Management Agency :
Dr. Jerry R. Kline 500 C Street, S.W.,
Room 840 Atomic Safety and Licensing Board Washington, D.C.
20472 U.S. Nuclear Regulatory Commission l
Washington, D.C.
20555 W. Taylor Reveley, III, Esq.
Hunton & Williams l
Fabian G. Palomino, Esq.
P.O. Box 1535 l
Richard J.
Zahnleuter, Esq.
707 East Main Street Special Counsel to the Governor Richmond, Virginia 23212 Executive Chamber, Rm. 229 State Capitol Albany, New York 12224 l
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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 Countty 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 i. 1 plex Suffolk County Legislature Veterans Memorial Highway Office Building i
Hauppauge, New York 11788 Veterans Memorial Highway Hauppauge, New York 11788 r
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
-New York State Department of Law Suffolk County Executive 120 Broadway, 3rd Floor H.
Lee Dennison Building Room 3-116 Veterans Memorial Highr'v New York, New York 10271 Hauppauge, Now York 11788 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee i
Suite K P.O. Box 231 San Jose, California 95125 Wading River, New York 11792 Mr. Jay Dunkleburger George E. Johnson, Esq.
New York State Energy Office Edwin J. Reis, Esq.
Agency Building 2 Office of the General Counsel Empire State Plaza U.S. Nuclear Regulatory Comm.
Albany, New York 12223 Washington, D.C.
20555 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 i
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Douglas J. Hynes, Councilman Town Board of Oyster Bay Town Hell Oyster Bay, New York 11771 I
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Michael J. $#5 sal KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 By Telecopy-
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