ML20196H391
| ML20196H391 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/07/1988 |
| From: | Mark Miller, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#188-5777 OL-3, NUDOCS 8803110018 | |
| Download: ML20196H391 (9) | |
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jE777 stELATED CORRESPONUM 00CKETED USNRC March:7, '.988 t
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OR A t<?t Before the Atomic Safety and Licensino Board t
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1
)
)
RESPONSE OF SUFFOLK COUNTY, THE STATE OF NEW YORK, AND THE TOWN OF SOUTHAMPTON TO LILCO'S FIRST SET OF REQUESTS FOR ADMISSIONS REGARDING LILCO'S EMERGENCY BROADCAST SYSTEM l
On February 24, 1988, LILCO filed its "First Set of Requests for Admissions Regarding LILCO's Emergency Broadcast System" I
(hereafter, "First Request for Admissions").
Pursuant to 10 CFR i
S 2.742, Suffolk County, the State of New York, and the Town of Southampton (hereafter, "the Governments") hereby respond to LILCO's First Request for Admissions.
i LILCO Admission No. 1 i
1.
That WPLR-FM provides full, 24-hour coverage to the entire 10-mile EPZ around Shoreham.
Response
The Governments are unable to admit or deny Request No.
1.
i Discovery has just begun in this proceeding and LILCO has yet to t
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respond to outstanding discovery requests.
Further, no depositions have been taken at this time, nor have all witnesses even been identified.
Thus, at this time, the Governments lack sufficient information to admit or deny Request No.
1.
The Governments note, however, that documents on file at the Federal Communications Commission ("FCC") raise questions about WPLR's coverage to the entire 10-mile EPZ around Shoreham.
In particular, a "Proposed Service Contours Map" prepared for WPLR in October 1980 indicates that WPLR may not provide ful coverage to the entire 10-mile EPZ.
LILCO Admission No. 2 2.
That reception of WPLR's signal within the 10-mile EPZ is not in fact "impaired or attenuated."
ResDonse The Governments are unable to admit or deny Request No. 2 for the same reasons stated in response to Request No.
1.
In addition, however, the Governments note that further discovery is required because proposed coverage contour maps maintained in the FCC's public files indicate that WPLR's signal may be impaired by interference from other radio stations broadcasting on channels in close proximity to WPLR's channel (99.1 FM).
LILCO Admission No. ?
3.
That most radios on Long Island have unipolar, not dipolar antennas, and thus the directional orientation of antennas is not relevant.,
Response
The Governments are unable to admit or deny Request No. 3 for many of the same reasons stated in response to Request No. la that is, at this time the Governments lack sufficient information (discovery having just begun) to respond otherwise.
The Governments note, however, that preliminary information indicates that, most often, rooftop antennas used for TV and FM radio reception on Long Island are directional antennas oriented in a different direction than toward New Haven, Connecticut.
If this information proves correct, the directional orientation of antennas on Long Island could be highly relevant.
LILCO Admission No. 4 4.
That the geography of Long Island, including specific terrain effects such as any hilly areas on the north shore, does not prevent WPLR from providing full 24-hour coverage to the entire 10-mile EPZ around Shoreham.
Resoonse The Governments are unable to admit or deny Request No. 4 for the same reasons stated in response to Request No.
1.
LILCO Admission No. 5 5.
That radio stations WICC (AM) and WELI (AM) provide AM coverage to the full 10-mile Shoreham EPZ during the day.
Response
The Governments are unable to admit or deny Request No. 5 for many of the same reasons stated in response to Request No. 1:
that is, at this time the Governments lack sufficient information (discovery having just begun) to respond otherwise.
LILCO Admission No. 6 6.
That, as stated in the agreements between LILCO and WELI and WICC (Attachments 2 and 3 to LILCO's Nov. 6 Summary Disposition Motion), WELI and WICC are permitted by their FCC licenses to broadcast at full power at any time during emergencies.
Response
The Governments admit that in Attachments 2 and 3 to LILCO's November 6, 1987 Summary Disposition Motion, the purported agreements between WELI and WICC and LILCO state that each station "is permitted by its license to broadcast at any time in response to emergency conditions."
However, the Governments are unable to admit or deny that WELI and WICC are permitted by their FCC licenses to broadcast at full power at any time during emergencies for many of the same reasons stated in response to Request No. 1:
that is, at this time the Governments lack sufficient information (discovery having just begun) to respond otherwise.
LILCO Admisglon No. 7 7.
That signal contours generated from FCC-recognized signal strengths are conservative, meaning that most stations can actually be heard at distances beyond those shown in their computed signal contours.
Besoonse Without conceding the relevance of the requested admission, the Governments admit that signal contours generated from FCC-l
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4 recognized signal strengths can be, in some instances, conservative, meaning that some stations can actually be heard at distances beyond those shown in their computed signal contours.
However, the Governments are unable to admit or deny that the i
i signal contours generated from FCC-recognized signal strengths with respect to the particular radio stations included in LILCO's l
proposed EBS network are conservative, for the same reasons
[
stated in response to Request No. 1:
that is, at this time the Governments lack sufficient information (discovery having just begun) to respond otherwise.
I Respectfully admitted, t
E. Thomas Boyle i
Suffolk County Attorney l
Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 Michael S. Mpfler N
Michael J. Missal Kirkpatrick & Lockhart 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036 Attorneys for Suffolk County
<-Walljtb M)2 VD (Wa Fabian G.
Palomino Richard J.
Zahnleuter Special Counsel to the Covernor of the State of New York Executive Chamber, Room 229 Capitol Building Albany, New York 12224 Attorney for Mario M.
- Cuomo, Governor of the State of New York t
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Lu Steph6n B.
Latham.
Twomey, Latham & Shea l
P.O. Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of -
Southhampton s
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00txtiC0 U5NRC March 7.
1988 UNITED STATES OF AMERICA
'M MR -9 40:09 NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensino Bo h %.
t I A[g.
yy BRANCH
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency PJanning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of RESPONSE OF SUFFOLK COUNTY, THE STATE OF NEW YORK, AND THE TOWN OF SOUTRAMPTON TO LILCO'S FIRST SET OF REQUESTS FOR ADMISSIONS REGARDING LILCO'S EMERGENCY BROADCAST SYSTEM have been served on the following this 7th day of March, 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 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Ccmmission Washington, D.C.
20555 Washington, D.C.
20555 James P. Gleason, Chairman William R. Cumming, Esq.
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 Washington, D.C.
20555 W.
Taylor Reveley, III, Esq.
Hunton & Williams Fabian G. Palomino, Esq.
P.O. Box 1535 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
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 Country Road Albany, Nee York 12210 Hicksville, New York 11801 E. Thomas Boyle, Esq.
Ms. Elisabeth Taibbi, clerk Suffolk County Attorney Suffolk County Legislature Bldg. 158 North County Complex Suffolk County Legislature Veterans Memorial Highway Office Building Hauppauge, New York 11788 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 Countr 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 3-118 Veterans Memorial Highway New York, New York 10271 Hauppauge, New York 11798 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 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
,1 L
Douglas J. Hynes, Councilman Town-Board of Oyster Bay Town Hall Oyster Bay, New York 11771 MT6hael J. M11 sal KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 By Federal Express
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