ML20197E050
| ML20197E050 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/01/1988 |
| From: | Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#288-6389 OL-3, NUDOCS 8806080061 | |
| Download: ML20197E050 (132) | |
Text
_ _ _ _ _
g [(f LILCO, Jun31,1988
[ X M II.C UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'88 3 -3 A9 :04 Before the Atomic Safety and Licengpd,Mjf i
BRAIM In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station,
) (Realism /Best Efforts)
Unit 1)
)
LILCO'S RESPONSE TO "SUFFOLK COUNTY RESPONSE TO LICENSING BOARD DISCOVERY INQUIRIES" L INTRODUCTION This is Long Island Lighting Company's ("LILCO's") response to "Suffolk County Response to Licensing Board Discovery Inquiries," dated June 1,1988 (hereinaf ter "SC Response"). In LILCO's view, the County's pleading misrepresents and omits salient facts about the nature of the plan and the history of discovery. The "County of Suffolk Emergency Operations Plan" is responsive to a number of LILCO's discovery requests over the years and should have been produced long before now and is relevant to the is-sues before the Board.
II. THE "COUNTY OF SUFFOLK EMERGENCY OPERATIONS PLAN" On May 25,1988, pursuant to the Board's May 10 Order, Suffolk County produced the "County of Suffolk Emergency Operations Plan." That plan has all the hallmarks of an integrated plan for emergency response. The integrated plan begins with a general, basic plan and 16 annexes of which LILCO received 15.1/ The general plan and its I
1/
Annex P was not produced. The "Basic Plan" section describes Annex P as di-rected to the integration of volunteer agencies with governmental response and recov-ery activities.
l 8806080061 880601 gDR ADOCK 05000322 D S03 PDR
annexes provide a structure for the coordination of Federal, State, County, local, and volunteer response organizations to natural or man-made disasters and nuclear attack.
The annexes describe the responsibility of government at all levels, but particularly at the County level, to supervise and coordinate an emergency response, to provide infor-mation to the public, and to coordinate special services for the populace. Some of the services that are the focus of Annexes are fire and police protection, health services, social services, and schools. Each annex includes implementing procedures, staffing lists, and resource inventories to insure response capability.E Contrary to the assertion in the Suffolk County Response, the integrated plan seems clearly intended to cover radiological incidents. The "Basic Plan" states that the disasters covered by the plan include "nuclear facility accidents." S_ee "Basic Plan" at page 3 (Att. B). And, the "Office of the County Exec 2tive Standard Operating Proce-dure," approved by former Suffolk County Executive Peter F. Cohalan on June 27,1980, provides instruction to the County Government in the event of natural disasters, "man-made disasters including, but not limited, to nuclear facility accidents," and nuclear at-tack. See Annex A, App. 4 (Att. C). Moreover,it appears that the plan specifically in-cludes the Shoreham Nuclear Power Station in its coverage. The Shoreham station is included in the plan's communication and warning system. S_ee Annex D - Communica-tions Warning System, App. 4 (Att. D).
The one quotation on which the Suffolk County Response relies for the propost-
. tion that the integrated plan does not cover radiological emergencies is taken out of context. The Operations Plan referenced is but a portion of the integrated plan. That portion may be found at Annex A, Appendix 8 (Att. E). Even assuming that this portion of the integrated plan excluded radiological emergencies, a point LILCO does not concede,it could not change the overall focus of the integrated plan.
2/
A brief summary of the plan's contents and draf t dates, to the extent dates are given,is Attachment A to this Response.
8.
Moreover, the passage cited by the County does not even demonstrate tha' the Appendix 8 Plan excludes radiological incidents from its scope. First, another portion of the same Appendix 8 to the Plan specifically includes radiation accidents within the scope of the Plan and places the responsibility with the:
Division of Emergency Preparedness as the lead agency, to coordinate other County support agencies to protect life and property in the event of natural and man-made disasters...
or other catastrophies arising from causes other than enemy attack, such as radiation accidents.
Annex A, Appendix 8 at page I-1 (Att. E). Second, the County admits that the Appen-dix 8 Plan does apply to "incidents such as those involving transportation of radiological materials, calibration of sources, and the handling of radiological isotopes." SC Re-sponse at 2. It strains credulity to read the language "with the one exception of a ra-diological incident" to exclude the one radiclogical incident for which the County denies there is or can be a plan.
Third, and perhaps most telling, when the passage cited by the County is read in context, it appears to be referring to the limited scope of the County's responsibility in the recovery phase of a radiological incident. It is well known that in New York State, the New York State Health Department is responsible for recovery and reentry func-tions in the event of a radiological incident. The passage takes nothing away from the County's potential role in others phases of accident planning or response.
LILCO does not know how long the integrated plan has existed, but it is evident from dated portions of the version produced, that parts of the plan existed as early as Decemoer 1975 and that parts have been updated as recently as 1985. See Attachment A hereto.EI The Introduction and "Basic Plan" portions of the integrated plan clearly 3/
In Exhibit A LILCO has summarized the contents by structure, title and date (where stated) of the Plan. A request has been made to the County for confirmation that the version of each section provided is the most current one, or for provision of the latest version if the one provided has been superseded.
7 8 c indicate that the scope and overall structure of the plan was known at least as early as 1979. The "Basic Plan" describes the scope of the plan as providing "for actions to miti-gate hazards, the early notification of responsible agencies, the initiation of protective action to safeguard life, health and property, the subsequent evaluation of the severity of the accident, and coordination of assistance furnished by all levels of government and private agencies." See "Basic Plan" at page 1 (Att. B). The "Basic Plan" also de-scribes the structure of the integrated plan as including the general section and An-nexes A through P (Att. B). Given that structure LILCO believes that, at least since 1979, Suffolk County (and New York State, which apparently wrote the "Basic Plan")
knew that County-specific Annexes were to be draf ted and that planning material was draf ted to fillin the Annexes.
III. HISTORY OF "PLAN" DISCOVERY Suffolk County's Response ignores history when it responds to the Board's inquiry about why the Plan was not previously produced during the six years of this proceeding.
Since the emergency planning proceedings began in 1982, LILCO has repeatedly sought to discover New York State's and Suffolk County's plans for responding to all sorts of emergencies, radiological and otherwise. It is important to Intervenors' case, as they perceive it, that no plan exist which could described their intentions, resources and ca-pabilities for response to large-scale emergencies, radiological and non-radiological, at i
i Shoreham and elsewhere. Thus, Intervenors have taken pains throughout this proceed-l j
ing to assert that "there is no plan" for Shoreham emergencies. They have also resisted discovery of any plans for other emergencies, even in the face of licensing board rulings that such plans were relevant and discoverable.
i 1
i.
A.
Phase 1 - Emergency Planning Proceeding Phase I of the LILCO emergency plann!ng proceedings, dealing with "onsite" aspects of the issue, took place in 1982. LILCO began there its quest for dis-covery of Suffolk County's plans for coping with emergencies.M LILCO propounded two sets of requests for production of such planning documents to Suffolk County in Phase I. The first set was served on June 2, and the second on June 22,1982. Requests 13,14, and 18-31 of the first set exemplify LILCO's efforts to discover the County's plans for both nuclear and non-nuclear emergencies. For example:
Reauest No.13:
All documents pertaining to the County's organization for coping with emergencies that do not involve nuclear power.
Request No.14:
4/
LILCO's inquiries focused on radiological emergency plans other than ones de-signed and intended specifically for Shoreham. The reason for this lies in the early his-tory of emergency planning for Shoreham, in which the Suffolk County Department of Planning had, in 1981-82, prepared a draf t offsite emergency plan for the plant pursu-ant to contract with LILCO.
The plan was specifically intended to comply with NRC/ FEMA requirements and the guidance of NUREG-0654, and existed in virtually final draf t in the spring of 1982. However, pursuant to advice of newly retained coun-sel (who are still representing the County in this proceeding) that effort was abruptly abandoned in the spring of 1982 and a new,"independent" effort undertaken. This sec-ond sally, directed entirely by County officials different from the ones involved in the initial planning effort and effected through various contractors, proceeded from differ-ent analytical assumptions than those specified in NRC and FEMA regulations and guld-ance (for instance, this "study" assumed a 20-mile inhalation dose EPZ rather than 10 miles as used in NRC regulations, and did not use standard EPA Protective Action Guidelines).' It predictably concluded, on the basis of its idiosyncratic assumptions, that emergency preparedness was not feasible for Shoreham. The Suffolk County Legisla-ture thereaf ter decreed with alacrity, in early 1983, that no further emergency plan-ning for Shoreham would be undertaken by the County, and there the matter died as to efforts dedicated explicitly to Shoreham and reflective of NRC and FEMA require-ments. LILCO had received copies of both the 1981-82 draf t and of the County's sec-ond, aborted 1982 effort, and had no reason to believe that further Shoreham-specific efforts intended to comply with NRC and FEMA regulations have been undertaken by the County following the County Legislature's edict in early 1983. See 1.ong Island Lighting Co. (Shorcham Nuclear Power Station, Unit 1), LBP-83-22,17 NRC 608,647-48 (1983), afI'd, CLI-83-13,17 NRC 741 (1983).
All documents pertaining to the County's procedures for coping with emergencies that do not involve nuclear power.
Request No.19:
All other documents pertaining to the County's plan or plans for dealing with emergencies that do not involve nucle-ar power.
Reauest No. 25:
All other documents pertaining to emergency planning for emergencies involving the Brookhaven National Laborato-ry.
Request No. 31:
All other documents pertaining to emergency planning for emergencies involving the Millstone Point Nuclear Power Station.
_S_ee LILCO's First Request for Production of Emergency Planning Documents, June 2, 1982 (Att. G).
Suffolk County refused these requests, stating that it was not required to re-spond to questions about County plans:
Response [to Reauests 13-19]:
Objected to as outside the scope of emergency planning issues now under consideration by the Board (see Introduc-tion). Suffolk County's plans and procedures for coping with non-nuclear accidents are not pertinent to LILCO's plan or its actions taken in the event of a radiological emergency. Fur-thermore, the Requests seek documents pertaining to Suffolk County policy making which are privileged. LILCO's requests are thus irrelevant and are not reasonably calculated to lead to discovery of admissible evidence pertaining to the emer-gency planning issues now tofore the Board.
Response [to Requests 20-31]:
Objected to as outside the scope of the emergency planning issues now under consideration by the Board (see In-troduction).
Suffolk County's plans or procedures for emergencies at Brookhaven National Laboratory or the Mill-stone Nuclear Power Station are not pertinent to LILCO's plan or the actions it will take in the event of an emergency at Shoreham. LILCO's requests are thus irrelevant and are not reasonably calculated to lead to discovery of admissible
evidence pertaining to the emergency planning issues now be-fore the Board.
_Se_e Suffolk County's Response to LILCO's First Request to Suffolk County for Produc-tion of Emergency Planning Documents (July 1,1982)(Att. H).
LILCO successfully moved to compel production of these dccuments. Prehearing Conference Order (Phase I - Emergency Planning) (July 27,1982) (reciting actions taken at July 20, 1982 prehearing conference). The Board held that all existing emer-gency documents were discoverable, including Suffolk County's non-nuclear emergency planning materials. I_d. at 24.
Suffolk County apparently understood that the Board's Order required it to pro-duce a_ll the County's plans for dealing with nuclear and non-nuclear emergencies. On July 23,1982, the Deputy County Executive, Frank Jones, wrote to all department heads in the Suffolk County government and stated:
On July 20, 1982, the Board ruled that the County is obligated to produce for LILCO's inspection a wide range of documents regarding the County's plans for dealing with emergencies, both nuclear and non-nuclear. The documents which the County must produce are as specified in two sepa-rate requests for documents (attached) which LILCO had pre-l viously submitted to the County.
In light of the Board's l
ruling, I request that your department immediately commence l
a search of its files in order to determine whether it is in pos-session of any of the items listed in the attached document requests. To the extent that your department does possess such emergency planning documents, they must be copied and l
submitted to my office promptly. As I understand the re-i quest, any emergency procedure you may possess of any na-ture, should be provided to LILCO.
S_e Memorandum to All Department Heads from Frank R. Jones, Deputy County Execu-e tive (July 23,1982) (emphasis in original) (A tt. I).
In August 1982, as a result of the July 27 Order, Suffolk County produced County planning documents, including three County-specific pieces of the integrated "County of Suffolk Emergency Operations Plan" just received by LILCO.N However, none of l
1 5/
Specifically, the County did produce: (1) a "County of Suffolk Disaster Prepared-ness Plan," dated January 1,1981, now identifiable as Annex A, Appendix 8; (2) a July (footnote continued)
c 1
these segments of the Plan was labeled as an "Annex" or "Appendix" or by any other means which would reveal its identity as a portion of a greater whole. With the pro-duction now of the entire plan, it is evident the entire plan has existed in concept since before 1982, that it has not previously been produced, and, that portions of the plan available when Phase I discovery documents were produced in August 1982 were not produced. See Att. A.
B.
Phase II - Emergency Planning Proceeding Phase II of the emergency planning proceeding, which concentrated on offsite emergency planning, began in 1983. Initially, discovery was conducted on an in-formal basis. LILCO's discovery requests seeking production of both radiological and non-radiological plans were served on June 29,1983, June 21,1983, and August 8,1983.
On July 21, 1983, LILCO requested the County's plans for emergencies that did not involve nuclear power. LILCO asked for:
Request 21:
All documents pertaining to the County's organization for coping with emergencies that do not involve nuclear power.
Request 22:
All documents pertaining to the County's procedures for coping with emergencies that do not involve nuclear power.
Reauest 24:
All documents relied upon in preparing the County's (footnote continued) 1982 version of the Emergency Directory in Annex A, Appendix 7; and (3) a four page portion of Annex A, Appendix entitled "Standard Operating Procedure - Procedures for Use in the Event of Natural Disasters, Man-Made Disasters and Nuclear Attack." The remainder of Appendix 4 was not produced nor was any other portion of the integrated plan.
plan or plans for dealing with emergencies that do not involve nuclear power.
_See Informal Discovery Requests of July 21,1983 (July 21,1983) (Att. J).
A similar series of questions again sought documents related to plans for emergencies involving Brookhaven National Laboratory and the Millstone Point Nuclear Power Plant.
_Se_e Informal Discovery Requests at Requests 25-32 (July 21,1983)
(Att. J.)
On August 22,1983, Suffolk County refused the July 21,1983 requests, including LILCO Requests 21-32, described above. The County stated:
LILCO Reauests 21-32:
Objection. In Requests 21-32, LILCO seeks all docu-ments pertaining to the County's organization, procedures, plans and supporting documents for emergencies that do not involve nuclear power, for emergencies involving the Brook-haven National Laboratory, and for emergencies involving the Millstone Point Nuclear Power Station. Such matters are not relevant to this proceeding, and the information sought is not reasonably calculated to lead to the discovery of admissible evidence.
_See also, County's Response to Request 102 of LILCO's June 29, 1983 informal discovery requests. In addi-tion, however, and without waiving its objection, the County nates that information responsive to these requests was pro-vided to LILCO during Phase I discovery, and one additional document, which may be responsive to these requests, is pro-vided.
Sgg Suffolk County's Response to LILCO's Informal Discovery Requests of July 21,1983 (Aug. 22,1983) (Att. K).SI l
Again on August 8,1983, LILCO sought discovery of County planning documents, l
l This time the discovery was focused on the County's plans for protecting the public health and safety from contaminated food products and the Suffolk County Police De-partment's emergency response capabilities - matters relevant to planning for the in-gestion pathway:
g/
The one document provided was not germane to the current matter.
l l
Request 11:
Does Suffolk County, alone or in conjunction with Nassau County or New York State, nhve plans, procedures or other documents in place or under development, to be used in restricting the transportation of agricultural products in or out of Suffolk County? If such plans, procedures or other doc-uments exist, please provide copies of the documents and other supporting documents and materials.
Request 12:
Does Suffolk County, alone or in conjunction with New York State, have plans, procedures, or other documents, in place or under development, to protect the public health and safety from contaminated seafood? If suon plans, procedures or other documents exist, please produce copies of such docu-ments and supporting documents and materials.
Request 47:
Describe the ability of the Suffolk County Police De-partment to respond to an emergency. Please provide copies of all documents which pertain to the ability of the Suffolk County Police Department to respond to an emergency.
S_ee Informal Discovery Requests of August 8,1983 (Aug. 8,1983) (Att. L).
Suffolk County refused these requests on August 31, 1983, asserting that they were overbroad and that the information sought was not relevant and was not calculat-ed to lead to the discovery of admissible evidence. Se_e Responses to LILCO Requests of August 8,1988 (Aug. 31,1988)(Att. M).
LILCO notified the Board that it intended to move to compel Suffolk County to provide more complete responses. See Letter to James A. Laurenson, Chairman, Dr.
Jerry R. Kline, and Mr. Frederick J. Shon from Kathy E. B. McCleskey (Sept. 23, 1983)
(Att. N). However, before that motion was filed, Suffolk County produced various plan-ning documents. In producing these planning documents, the County's attorneys ac-knowledged that some were responsive to "specific Requests from Phase I which were upheld by the Brenner Board" and "possibly to some of... [LILCO's] Phase II Re-quests." See Letter to Donald P. Irwin from Karla J. Letsche (Sept. 27,1983) (Att. O).
l l
m.
7
. Suffolk County's attorneys claimed that they had "just learned of their existence" when the documents were discovered in their "most recent re-search of the County's files".
The documents were produced on September 29, 1983, fourteen months af ter the Brenner Board, on July 27, 1982, had ordered that those plans be provided. Subse-quently, on October 6,1983, Suffolk County's attorneys produced "a few more docu-ments which are responsive to some of LILCO's Phase I discovery requests and possibly to some of your Phase II requests." S_ee Letter to Donald P. Irwin from Karla J. Letsche (Oct. 6,1983) (Att. P).
None of the documents produced were the integrated plan or portions of it. Sig-nificantly, portions of the integrated plan show draf t dates in the same time frame as the discovery responses. See Att. A.
C.
Realism /Best Efforts Proceeding LILCO's legitimate discovery inquiries also met with a stone wall in the re-alism/best efforts proceeding. The Intervenors disregarded this Board's orders that they must come forward with positive evidence of "projected behavior of the governments,"
including specification of response capabilities, plans and resources available to the State and County for emergency response at Shoreham.
l On March 24, 1989, LILCO filed "LILCO's Second Set of Interrogatories and Re-quests for Production of Documents Regarding Contentions 1-2, 4-8, and 10 to Suffolk l
County, New York State, and the Town of Southampton." In response to 61 of LILCO's 116 inquiries, the Intervenors stated as a blanket matter:
General Objection 1:
The Governments object to LILCO's Interrogatories to the extent that they seek information about emergency plan-l ning for nuclear plants other than Shoreham, the actions of governments other than the Governments, emergency plans other than the LILCO Plan, and emergencies other than a ra-diological emergency at Shoreham. The requested informa-tion is not relevant to the issue before the Board, which
concerns only the nature of a "best efforts" response by the Governments to a Shoreham emergency.
See Governments' Objections to LILCO's Second Set of Interrogatories Regarding Con-tentions 1-2, 4-8, and 10, at 2-3 (Apr. 20,1988). On that basis, Intervenors refused to respond to Interrogatory 120 which asked:
Interrogatory 120:
Please provide a copy of any and all existing plans and procedures for responding to emergencies, whether ra-diological or nonradiological, affecting Suf folk County, including but not limic.x! to, chemical spills, fires, hurricanes, explosions, and earthquakes. Please include any and all plans for dealing with accidents involving shipments of radiological material to Brookhaven National Lab, the Shoreham Nuclear Power Station, hospitals and other medical facilities, and in-dustrial f acilities.
April 20 Objections at 28. Interrogatories that sought plans and procedures that the State and County would use in performing the functions outlined in the realism conten-tions were answered with the statement that "(n]one has been identified or exist." See Governments' Answers and Additional Objections to LILCO's Second Set of Interrogato-ries Regarding Contentions 1-2, 4-8, and 10, at Interrogatories 18, 27, 34, 39, and 44 (Apr. 22,1988).
LILCO moved to compel discovery of these plans. On May 10, 1988, this Board ordered the County to produce emergency plans of other nuclear facilities and other emergency plans. Prehearing Conference (May 10,1988) at 19382.
III. THE PLAN IS CLEARLY RELEVANT TO ISSUES IN PENDING PROCEEDING At issue in the realism /best efforts proceeding is the nature of the State's and County's "best efforts" response in the event of radiological emergency at Shoreham.
The Board has made clear that:
Acceptable rebuttals to the (I!LCO) Plan must include posi-tive statements of the projected behavior of the Govern-ments. A determination to rea. pond ad hoc would be accept-able only if accompanied by specification of the resources
, Q available for such a response, and the actions such a response could entail, including the time f actors involved.
Confirmatory Memorandum and Order (Ruling on LILCO's Motions for Summary Dispo-sition of Contentions 1, 2, 4, 5, 6, 7, 8 and 10, and Board Guidance on Issues for Litiga-tion) at 4 (Feb. 29,1988). The Board has also stated that:
The Intervenors are required to come forward with positive statements of their plans and must specify the resources that are available for a projected response and the time factors that are involved in any emergency activities proposed.
Memorandum (Extension of Board's Ruling and Opinion on LILCO's Summary Disposition Motions of Legal Authority (Realism) Contentions and Guidance to Parties on New Rule 10 C.F.R. S 50.47(c)(1)), LBP-88-9, 27 NRC __, slip op. at 24-25 (Apr. 8,1988). The issue so cleariy framed by this Board is whether the State and County have the ability and resourect to respond to a Shoreham emergency. Other plans used or relied on by those Govern;nents necessarily will reveal the plans and resources available to cope with other threats - some or all of which may be relevant for a response to a Shoreham emergency. The provisions of this integrated Plan are relevant to Shoreham and to Intervenors'"best efforts". They show that:
(1)
The Plan contemplates a response to "nuclear facility accidents";
(2)
The Plan provides for an integrated response to emergencies of all types; (3)
The Plan provides County-wide inventories of resources available for emer-gency response; and (4)
The Plan contemplates coordination among public, private and volunteer organizations for an emergency response.
In ad;ition, many of the plan's provisions for notifying and assisting the public in the l
event of an emergency are similar to those provided in the LILCO Plan. This would aid in a coordinated response under either plan.
r The Plan flatly states, notwithstanding disclaimers by the County's counsel, that it applies to "nuclear f acility accidents." See "Basic Plan at 3; Annex A, App. 4 (Atts. B and C).
In addition, the "Basic Plan" describes the health care responsibility as coordination of health and medical services for the emergency care and treatment of casualties resulting from enemy attack or other disasters, including the effects of radiological agents. The plan even refers to Shoreham. See Annex D - Communica-tions and Warning System, Appendix 4 (Att. D).
Second, this integrated Plan provides the structure necessary for a coordinated response to a radiological emergency. The State-prepared "Basic Plan" states as its purpose "to provide a coordinated response by Federal, State and local agencies and pri-vate organizations to protect life, health and property and restore essential services within the State of New York in the event of a disaster." See "Basic Plan" at page 1 (Att. B). The County-specific Annexes to the basic plan provide a structure and focus outlining government and private party responsibilities in an emergency response.
Third, inventories of resources and equipment are either provided or referenced in Appendix 3 to virtually each Annex of the Plan. These are pivotal to understanding of Suffolk County's capabilities under the realism doctrina of 10 CFR S 50.47(c)(1).
Fourth, the integrated Plan recognizes that cooperation between government, industry, and volunteers from the general public will occur in an emergency and should be contemplated as part of a coordinated response. Indeed, Annex P (which was not provided to LILCO with the rest of the plan) is described in the "Basic Plan" as estab-lishing a framework to "integrate Red Cross, Salvation Army, Civil Air Patrol,N and 7/
Suffolk County's assertion in essence that the Civil Air Patrolis not part of the plan makes no sense. There are multiple references to the Civil Air Patrol in the inte-i grated plan. Even the Appendix 8 plan quoted in the SC Response references the Civil Air Patrol as a potential response organization. S_ce Annex A, App. 8 at page III-6, III-15 (Att. E).
l l
l
n 6.
Other volunteer organizations' services with governmental disaster prevention, response and recovery activities." Se_e "Basic Plan" at page 20 (Att. B). In Annex A, Appendix 8, the Plan states that minimizing the health risk emergencies will be accomplished "by developing mechanisms to coordinate Federal, State, Local and private sectors resourc-es, during and af ter such a disaster." See Annex A, App. 8 at page I-1 (Att. E). Indeed, the integrated Plan specifically recognizes that companies such as Long Island Lighting Company "have important missions during emergency or disaster conditions" and that "active cooperation between government and the private sector is essential in mitigat-ing the effects of a disaster on the lives and property of the people of Suffolk County."
S_ee Annex D, App. 6 at page 1 (Att. F).
Finally, the integrated Plan is highly relevant to the issues in this proceeding be-cause it demonstrates that the County's plan is similar to LILCO's in ways that might facilitate coordination. For example, the "Basic Plan" contemplates that police will "control ingress and egress of disaster areas and... expedite and render aid to movement of military and civil defense forces and evacuees." S_ee "Basic Plan" at page 18 (Att. B) (emphasis added). The integrated Plan states that "a capability will be es-tablished to provide a prompt notification signal to the public, followed by provisions for disseminating instructions to the public on the appropriate protective actions to be taken." See Annex A, App. 8 at page III-6 (Att. E). The Division of Emergency Pre-paredness is to "ensure that public notification systems are activated, including the co-ordinated use of the Emergency Broadcast System." See Annex A, App. 8 at page III-7 (Att. E). The Plan provides that public health, medical and sanitation services must continue during and af ter a disaster and that "the Department of Health will provide laboratory testing of samples to assure safe food and water supplies and order any pro-tective actions." S_e_, Annex A, App. 8 at page III-13 (Att. E).
e
r s.
IV. CONCLUSIONS Passages from the integrated Plan demonstrate that it applies to radiological as well as large-scale nonradiological incidents. At a minimum, it is a plan that provides for an integrated response to an emergency that is relevant to Intervenors' "best ef-forts" response. Suffolk County's response does not attempt to deny that the Plan is of continuing effect in Suffolk County. Thus, it can be taken to give an authoritative indication - subject only to specific correction by the County - of County capabilities and intentions.
LILCO has not had time to review the numerous depositions and hearing tran-scripts of this proceeding, though it is clear that questions sufficient to elicit informa-tion about it have been asked repeatedly. In any event, the written discovery requests make clear that the integrated plan was within the ambit of discovery requests as early as 1982. Dates on the plan show that it was available. It should have been produced.
Yet it was not only not produced, its existence was repeatedly denied.
Five salient matters thus appear evident. First, a comprehensive plan, authored by Suffolk County (and in part by the State of New York) which contains a wealth of material adaptable for use in planning for and response to a radiological emergency at Shoreham exists. Second,it is apparently in effect in Suffolk County now. Third, docu-ments whose descriptions include it have been repeatedly asked for by LILCO from Suffolk County for six years, and have been repeatedly ordered to be produced by this and previous Licensing Boards. Fourth, not only has this plan not been produced,its ex-istence has never been disclosed or claimed as privileged by Suffolk County. Fif th, the "Response" filed by Suffolk County counsel today does nothing to belay these facts. In-stead, its f ailure to do so only raises questions.
Other matters are still to be clarified. First, who in the Suffolk County or New 8/
York State governments, or their representatives, knew of this plan?
Second, what standards of knowledge should be imputed to those governments as to documents whose existence is obvious and whose effect has not been denied? Under what rationale was its existence repeatedly not disclosed? How did the integrated Plan come to light now and only now?
LILCO has been gravcly, if not mortally, prejudiced by the unavailability of this information for years. Further, the integrity of this Commission's process may well have been impugned.
On the facts already known, LILCO is entitled, at the least, to prompt discovery sufficient to establish the current contents and status of the integrated Plan and its ap-plicability to a "best-efforts" response. What further actions, if any, should be taken depends largely on the answers to questions about why this document has not previously been revealed. And these answers can probably be gained, absent Board intervention, only by the discovery requested by LILCO to date (perhaps with supplementation) and further illumination by officials and perhaps counsel for the governments sponsoring the integrated Plan. LILCO believes that further initiative on this aspect of the issue must come from the Board, but that unless the facts establish legitimate basis for the plan's repeated nondisclosure, dismissal of the "realism" contentions may prove to be a minimum appropriate remedy.
LILCO believes that the Board may wish to convene a prompt hearing on this matter in order to resolve the questions that are, unfortunately, not resolved by the County's "Response" of today's date.
8/
New York State apparently authored the basic introductory part of the Plan, and the Plan as a whole is apparently a response to state requirement under Article 2-B of the New York Executive Law.
1 1
,r - --
~..
l.$ >
Respectfully submitted, DLw W. Taylor Reveley, III Donald P. Irwin James N. Christman K. Dennis Sisk Counsel for Long Island Lighting Company IIunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: June 1,1988
i LILCO, Jun31,1988 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 I hereby certify that copies of LILCO'S RESPONSE TO "SUFFOLK COUNTY RE-SPONSE TO LICENSING BOARD DISCOVERY INQUIRIES" were served this date upon the following by Federal Express as indicated by one asterisk, or by first-class mail, postage prepaid.
James P. Gleason, Chairman
- Adjudicatory File Atomic Safety and Licensing Board Atomic Safety and Licensing 513 Gilmoure Drive Board Panel Docket Silver Spring, Maryland 20901 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Jerry R. Kline
- 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 Towr,rs, Rm. 427 11555 Rockville Pike 4350 East-West Hwy.
Rockville, MD 20852 Bethesda, MD 20814 Herbert H. Brown, Esq.
- Mr. Frederic!. 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 Tow ars, 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 Goverrior 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
c _;;
} 1 George W. Watson, 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, u ":. 20472 Evan A. Davis, Esq.
Mr. Jay Dunkleberger Counsel to the Governor New York State Ent.gy 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 Two'ney, v ham & Shba Building 158 North County Complex 33 West Second Street Veterans Memorial Higtvay P.O. Box 298 Hauppauge, Nww York 11738 Riverhead, rJew York 11901 Dr. F.caroe Schmider Mr. Philip McIntire North Shore Cuf.mittee Federal Emergency ManagemeM P.O. Box 231 Agency Wading River, NY 11792 26 Federal Plaza New York, New York 10278 Jonathan D. Fel?. berg, Esq.
Now Ytk State Department of Put!!c Service, Staff Counsel Three Rockefeller Plaza Albany, New York 12223
')J//// h.
/Yd
/d/C
~
j 8'Jessine A. Monaghan Hunton & Wiulams 707 East Mahi Street P.O. Box 1535 Richmond, Virt i 2321
l DATED: Juno.' AwP I
t
-~
LIST OF ATTACHMENTS
)
a Attachmen.: A Summary of Organizational Structure of Outilne of "County of Suffolk Emergency Operatior.s Plan" Attachment B Excerpts from "Basic Plan" Portion of "County of Suffolk Emergency Operations Plan" 1
Attachment C "Standard Operating Procedure," Annex A, App. 4 of "County
}
of Suffolk Emergency Operations Plan" B
Attachment D "National Warning System (NAWAS)," Annex D, App. 4 of "County of Suffolk Emergency Operations Plan" m
Attachment E Excerpts from Annex A, App. 8 of "County of Suffolk Emergen-cy Operations Plan" g
Attachment F "Primary and Support Functions," Annex D, App. 6 of "County of Suffolk Emergency Operations Plan" Attachment G LILCO's First Request to Suffolk County for Production of Emergency Planning Documents (June 2,1982)
Attachment H Suffolk County's Response to LILCO's First Request to Suffolk County for Production of Emergency Planning Documents (July 1, 1982)
Attachment I Memorandum to All Department Heads from Frank R. Jones, Deputy County Executive (July 23,1982)
Attachment J LILCO's Informal Discovery Requests of July 21,1983 (July 21, 1983)
Attachment K Suffolk County's Responses to LILCO's Informal Discovery Re-r quests of July 21,1983 (Aug. 22,1983)
Attacnment L LILCO's Informal Discovery Requests of August 8,1983 (Aug. 8, 1983)
Attachment M Suffolk County's Responses to LILCO Requests of August 8, 1983 ( Aug. 31,1983)
Attachment N Letter to James A. Laurenson, Chairman, Dr. Jerry R. Kline, and Mr. Frederick J. Shon from Kathy E. B. McCleskey (Sept. 23,1983)
Attachment O Letter to Donald P. Irwin from Karla J. I.etsche (Sept. 27, 1983)
Attachment P Letter to Donald P. Irwin from K;tria J. Letsche (Oct. 6,1983) e k
a Y
i _MW m
Attachment A n
L
~-
SUMMARY
OF ORGANIZATIONAL STRUCTURE OF "COUNTY OF SUFFOLK EMERGENCY OPERATIONS PLAN" GENERAL (MAY 1979) 1.
Introduction 2.
Basic Plan 3.
Legislative History ANNEX A - COMMAND AND CONTROL (DECEMBER 1975)
Appendix 1 "Not applicable to the County."
Appendix 2 - Succession to Command (1985)
Appendix 3 - Lines of Authority (1981 and 1985)
Appendix 4 - Local Executive Orders (undated)
Appendix 5 - Jurisdictions (1975)
Appendix 6 - Command and Control (1980)
Appendix 7 - Suffolk County Department of Emergency Preparedness Emergen-cy Directory (1984) t i
Appendix 8 - Increased Readiness and Attack Warning - County of Suffolk Di-saster Preparedness Plan (January 1981)
Appendix 9 - Natural and Man-Made Disaster Operations - Legislation and Reg-ulations (undated) l Appendix 10 - Brookhaven Plan (1980) l Appendix 11 - Suffolk County Division of Emergency Preparedness Recall Plar.
(1983 and 1985)
Appendix 12 - State of New York Civil Defer.se Commission Message Forms I
(undated) i ANN: ' 3 - ADMINISTRATION Appendix 1 - List of Administrative Service Staff (1980)
Appendix 2 - Standard Operating Procedures (1983) l ANNEX C - CIVIL AIR PATROL (1982)
ANNEX D - COMMUNICATIONS AND WARNING SYSTEM (1983)
Appendix 1 - Communications an:1 Warning Service Staff (1983) l l
r
_ _ _ _ Appendix 2 - Standard Operating Procedures (undated)
ADpendix 3 - National Warn'ag System (1983)
Appendix 4 - County Communications Diagram (July 1983)
Appendix 5 - Communications and Warning Center Floor Plan (July 1983)
Appendix 6 - Primary and Support Functions (July 1983)
Appendix 7 - Description and Inventory of System (July 1983)
Appendix 8 - Alerting Procedures and Alerting Lists (July 1983)
Appendix 9 -Increase Readiness (July 1983)
Appendix 10 - Maps of Outdoor Warning Coverage - Suffolk County, New York, 1982 (July 1983)
Appendix 11 - Plan for Correcting Deficiencies (July 1983)
ANNEX E - FIRE SERVICE Appendix 1 - List of Suffolk County Department of Fire Safety Staff and Suffolk County Emergency Medical Services Committee (October 1981)
Appendix 2 - Fire, Rescue and Emergency Services Standard Operating Proce-dures (parts dated July 1983)
ANNEX F - HEALTH Appendix 1 - Health Services Staff Listing (undated)
Appendix 2 - Standard Operating Procedures (2 versions undated and 1985)
Appendix 3 - Equipment and Resource Inventory (2 versions undated and 1985) l ANNEX G - MANPOWER Appendix 1 - Listing of Manpower Services Staff (undated)
Appendix 2 - Standard Operatic'g Procedures (undated)
Appendix 3 - Equipment List (undated)
ANNEX H - POLICE SERVICE l
Appendix 1 - Listing of Police Service Staff (i MO Appendix 2 - Standard Operating Procedures (undated) l
.- Appendix 3 - Resources and Equipment (1984)
ANhLX H SHERIFF DEPARTMENT Appendix 1 - List of Sheriff's Department Personnel (undated)
Appendix 2 - Standard Operating Procedures (undated)
Appendix 3 - Resource and Requirements Data (undated)
ANNEX I-PUBLIC INFORMATION Appendix 1 - List of Public Information Officers and Staff (undated)
Appendix 2 - Standard Operating Procedures (undated)
Appendix 3 - Resource and Requirements Data (undated)
ANNEX J - PUBLIC WORKS Appendix 1 - List of Public Works Officials (undated)
Appendix 2 - Standard Operating Procedures (undated)
Appendix 3 - Resotree and Requirements Data (undated)
ANNEX K - RADIOLOGICAL INTELLIGENCE SECTION (UNDATED)
Annex K is stated to be "maintained in a current status in the custody of the Ra-diological Defense Officer." This section was not produced.
ANNEX L - RESOURCES Appendix 1 - List of Rescue Services Staff (undated)
Appendix 2 - Standard Operating Procedures (undated)
Appendix 3 - List of Ambulances and Hospitals (undated)
ANNEX M - RESOURCES SECTION Appendix 1 - Organization Chart (undated)
Appendix 2 - Standard Operating Procedures (undated)
Appendix 3 - Resources and Requirements Data (undated)
ANNEX N - SCHOOLS Appendix 1 - List of Schools and School Of ficials (undated)
- Appendix 2 - Standard Operating Procedures (December 1980)
Appendix 3 - Resources and Requirements Data (undated)
ANNEX O - SOCIAL SERVICES Appendix 1 - List of Service Organizations (undated)
Appendix 2 - Standard Operating Procedures (parts dated 1981)
Appendix 3 - Resources and Requirements Data (undated)
Appendix 4 - Chaplin Service (undated)
ANNEX P - VOLUNTEER AGENCIES (MISSING)
Attachment B t
l i
l l
l l
1
EsfuliCT 0? DATIO!;S PLAli STATI 0F hL Y;?y, COT l~T OF SUTF;,U:
L, 3T3:"?AL 2.
BASIC PLAN - Prepared by State.
F 6 OPEPA"'ICt3 FIAN S':X2 7 NEW 1GK long rangs recovery effer:s are essen:ial.
A.
T&ES 7 DISAST 3 S
, 1.
Na:ura.1 di.sas:ar belude, bu:: are no: 1 d-d :ad :o, flood, drough:, abnormal cida, h, ht=ricana, ear 2quaka, ter-nado, winds:or:n, or other stom, landslida or ochse ca:as=o-pha. Such dangers can s=d.ka at any tima, possibly with li=le or no warning.
2.
Man-ada disascars include, bt= are no: liz: iced to, rar.1. ear facility acciden:s, rail, :rmk, or air =af: mard he,
=r-4 % a: chat::Lc=1, fuel er oplosive prMm pl=:s or in tha =ansperra:icn or handl.ing of hazardous m:er-tal, usually occ:=r.ng wi:h li=la or no =47 Ad-d 3
dicimal un-ada disas:ars include nmisar bl=h41, space debrf.s re-en=y, ha=ardous was:a disposal, pollution and failure of wa:ar suppi.ies, resource shortages (including snargy supplias), epida::ics and air c.w. d.a:icn.
3.
Nelaar a:.ack on che thi:ad States would causa damage and das=ue:icn # czn Blas: and fires, as wil as frczn in-
=adia:a and falleu: radiati:n. In addirion, ci= d"21 and biological agen:s :my be e=picyed.
B.
CAPAB" JE, 1.
Ini:ial Fastense, O.e ini:ial ru per.se :o a diras:er :akes place in :he af-facted c==t.ni:y er ec::cuni:ies. h spacific ac:icns
.akan vary vi:h de clun::er and in:ensiry of da dis-3 5!79
MERGENCY OPERATIONS Pt.AN
. STATE OF NEW YOR.R i so70LE rocSTYTY.1 I
I IV, CONCIPT A.
STATUTORY AUTHORITY This plan is fundamentally promulgated under the authority of the New York State Defense E=ergency Act as amended, and New York State Executive Law, i
Article 2-B.
B.
ORGANIZATION FOR DISASTER PREPAREDNESS FUNCTIONS The magnitude of the problems that confront all levels of government in New York State as
- t. consequence of disasters or emergencias can require that gover==ent heads and their department heads, or representatives thereof, be grouped in an Emergency Operating Center.
At that time, the head of the disaster preparedness organization acts as an aide to, and may be delegated authority to act for, the head of his particular level of government.
He coordinates the activities of those public agencies and private organizations which have specific emergency missions.
Those emergency services for which there is no counterpart in government or in recognized private organizaciens will be carried out by personnel designated by the appropriate head of government.
Such personnel =ay be recruited from government, industry, and volunteers from the general public.
Many natural or =an-made da uscars will require thw 6
5/79
EMERGENCY OPERATIONS PLAN STAZ'E OF NEW YORK f NLTFOLX CO'bhTY3'I.l vhich they could approach normal activity and revert to a previously applicable posture of readiness, During this stage the Emergency Operating Centers would probably remain fully staffed but other actions, consistent with the prevailing radiological situation and based on immediate needs, night be instituted.
VII.
RESPONSIBILITIES The responsibilities of government at all levels include but are not linited to:
l A.
DIRECTION AND CONTROL - ANNEX A To provide for the staffing and functioning during
}
amargency operations; to analyze the disaster and take effective action by directing governmene services to I
preserve lives and property; conserve and distribute available resources; and conduct restoration and re-covery activities.
3.
ADMINISTRATION - ANNEX 3 To provide the Emergency Operating Center staff and other.necessary personnel with living and operating necessicias during a disaster period; to provide accountability for Stata and federal disaster assis-cance.
C.
VACANT 16 5/79
EMERGENCY OPERATIONS PLW STATE OF NEB YORK
! srFFOLE 40CNTY..v. Y.l D.
COMMUNICATIONS AND WARNING - ANNIX D To determine, obtain and provide required com= uni-l
, cations in preparation for, during, and after disasters; to provide timely warning of impending disaster and to ensure bumediate dissemination to all levels of government and the public.
E.
FIRE - ANNEX E To direct and coordinate fire prevention and control activities, search and rescue of persons trapped by, or exposed to fire and to provide the capability, including the necessa;y equipment and training, of responding to hazardous materials emergencies.
~
F.
HEALTH - ANNEX'F To coordinate health and medical services for the emergency care and creatment of casualties resulting from enemy attack or other disasters, including pre-ventative and remedial measures to cope with the effects of radiological, biological or chemical agents; to insure the safety of food and water supplies and to provide for the disposition of the dead.
G.
MANPOWER - ANIEX C To mobilize and =anage civilian manpower in support of essencial activities and to a6ninister Federal 17 5/79
EMERGENCY OPERATIONS PLAN STATE OF NEW TORI D'IE'?./
Programs as directed.
~
i H.
POLICE - ANNEX H To direct, coordinate and control police action to maintain law and' order; :o protect life and property, guard vital and s::ategic facilities, control ingress and agress of disaster areas and to expedite and render aid to =ovement of =111:ary and civil defense forces and evacuees.
I.
PUBLIC INF0FF.ATION - AMEX I To increase public awareness of disaster preparedness activicies, to provide a flow of accurate and official information and detailed instructions to the general public and to ' control rumors through all media and other =eans available, 4-adiately before, during and after a disaster.
J.
PUBLIC k'ORKS - ANIEX J To restore to usable. condi: ion, or provide emergency replacement for, essen:ial facili:ies and public services such as screets, highways, brid es, canals, 5
water and sani:stion systems, gas, electricity and public buildings; :o regulate the use of highway and other ::ansper:a: ion sys:ess; :o =obilize ' publicly owned cons:ructi:n and sani:acion equipment and per-sonnel in:o public works :aams.
~ -., _, _
_ __ _ _ _ _ -._, =_
. ~ _,.
g l
.te.ERGENCY OPERATIONS PLAN STATE OF NEW YORK l
1 3rFFa 8LX U.C.*iT, v.
.I i
K.
KADIOLOGICAL IN'"ELLIGENCE - ANNEX K To measure and report fallout and other weapon effects and advise on hazards and protective measures in the event of nuclear attack; to coordinate Civil Air Patrol '(CAP) support in aerial radiological surveys; and to provide for the utilization of civil defense radiological resources in support of peacetime disaster requirements.
L.
RESOURCES - ANIEX L To direct resources =obilization and management operations and economic stabilization measures in preparation for, during and after a disaster.
M.
SCHOOLS - ANNEX M To direct and coordinate action for the safety and welfare of pupils and personnel of public, private and parochisl schools and for the maximum utilization of available school facilities in preparation for, during and after a disaster.
N.
RISCUE - ANNEX N To direct and coordinate actions to locate and save lost or trapped persons and to assist in the recovery of critical supplies and =aterial from affected areas.
19 5/79
EMERGENCY OPERATIONS PZ.AN STATE OF NEW YORK
!8UTFOLE CdDhTY37Y, O.
SOCIAL SERVICES - ANNEX 0 To provida lodging, food, clothing, financial assis-canca, registration, locator and other human naada services to disascar victims, and to provide Chaplain services as required.
P.
VOLUNTEER AGENCIES - AhTEX P To integra.ca Red Cross, Salvation Army, Civil Air Patrol, and other voluntaar organizations' services l
vich governmental disascar prevention, response and recovery activities.
i n
l i
j i
20 5/79
-r a
-,,-m
-,----,e.,_,--,,-w
--v-,-
v-e-s
,~w
w
-~~~-w-----
Attachment C l
l I
I r
1
m a:. e.
upa nL n.~
m en,n ca.ie l},, ; e Aoo V C0JHT4 GG E CRlJ c_.
' '{ '
o io
,waw
~ ~.
JUN 2 71980 H.os.A
.f STANDARD
.. g A
gt OPERATING h
h
- g,. J.'yo?
PROCEDURE OFFICE OF THE COUNTY EXECUTIVE peter P.COMAL.AN swetee Cassaty E seemt,ve PROCEDURES FOR USE IN THE EVENT OF NATURAL DISASTERS, MAN-MADE DISASTERS AND NUCLEAR ATTACK
'IMIS SCP, H-03-A, IS A CCNPIrrE R'.,VISICN CF SCP H-03, hEICH IS SUmewED. ICIDEPS CF
'IEE SCP MANLW., SHOUID PDOVE NO DISCARD SCP H-01, FNG 4,1980, MC REPIKE IT WITH
'IMI.S DCCLTir.
1.
Purcose.
This 50P provides instructions for use by the Suffolk County Gc,vernment in the event of:
a.
Natural disasters including, but not limited to, flood, drought, abnormal tides, fire, hurricanes, earthquakes, tornados, windstonns, landslides and other catastrophes.
b.
Man-made disasters including, but not limited to, nuclear facility accidents, rail, truck, or aircraft accidents, accidents at chemical, fuel or explosive produc-tion plants, or in the transportation or handling of hazardous material.
Additional man-made disasters include hostage and/or hi-jack emergencies, space debris re-entry l
accidents, hazardous waste disposal accidents, disaster resulting frem pollution, j
failure of water supplies, disaster relating to resource shortages (including energy supplies), and disaster resulting from an epidemic or air contamination, c.
Nuclear attack on the United States causing damage from blast, fire and radi-ation, or the use of chemical and biological agents.
2.
Scoce. This procedure applies to all elements of the Suffolk County government.
1 i
3.
Nature of Chances.
This 50P differs from instructions previously issued primarily in that it:
I l
a.
Makes reference to recently-passed pertinent New York State legislation, b.
Removes the requirement to use New York State Form CD-ND-1, Report cf Natural l
Disaster Expenditures, Obligations to Spend anti Desources Utilized ( Above Nonnal).
l c.
Modifies the functional statement relating to the Chief Purchasing Agent.
l l
OISTRIBUTION
~
B; C Dir Emerg Prep (50 cy)
SCIN PORM 94 (pop:
m
50P H-03-A JUN 2 71980 3
4 Background.
a.
New York State Executive Law, Article 2-B, STATE AND LOCAL NATURAL AND MAN-MADE DISASTER PREPAREDNESS, states under Section 25, that:
"Upon the threat or occurrence of a disaster, the Chief Executive of any political subdivision is hereby authorized and empowered to and shall use any and all facilities, equipment, supplies, personnel and other rarources of his political subdivision in such manner as may be necessary or apopriate to cope with the disaster or any emergency resulting therefrom."
b.
New York State Defense Emergency Act:
(1)
Imposes upon the County Executive, in the event of enemy attack, the responsibility for the execution and implemention of the Civil Defence provisions of the Act relating to the County.
(2) Requires the County to utilize the resources of existing County Offices, departments, divisions, bureaus, boards or comissions, hereinafter called agencies, and such agencies to extend such services, equipment, supplies and facilities as required of them.
(3)
Requires the County Executive by order to direct County agencies and public officers to perform specific duties to execute and implement the relevant Civil Defense provisions of the Act.
i 5.
Policy.
Since responsibility for the management and perfomance of essential I
functions during a natural disaster, man-made disaster, or nuclear attack, must be established by the County Executive, by virtue of the powers and authority vested in him by the New York State Executive Law, Article 2B, and the New York State Defense Emergency Act, Sections 22, 23 and 25, the County Executive hereby orders that in the event of a disaster or any emergency resulting therefrom:
a.
All County officers will continue regular County governmental operations to the extent pemitted by the disaster or attack.
b.
All County officers, or their designated alternates or successors, who are so directed by the County Executive, will report to the County Emergency Operating Center (Alternate Seat of Government) in Yaphank, Long Island, New York, or such o%her site indicated, to direct their operations therefrom.
6.
Record Keeping.
Accurate records of all disaster-related expenses will be l
maintained by individual agencies to support requests for State or Federal j
disaster assistance.
7.
Responsibilities of the County Executive.
The County Executive is responsible l
for:
I a.
Conducting natural and man-made disaster and nuclear attack emergency i
operations.
l 2-
\\%
E L.
&M A
4 s___
50P H-03-A JUN 2 71980 b.
Utilizing, when necessary, the assistance of County civil defense forces as provided in New York State Executive Law, Article 2-B, Section 29-b.
I c.
Obtaining, when necessary, assistance from the State of New York and other political subdivisions.
8.
Disaster Emeroency Functions.
The following County officers, under the direction of the County Executive, and with the guidance of the County Director of Emergency Preparedness, will direct and coordinate perfonnance of specific emergency civil defense functions to include but not be limited to the following:
a.
Director of Emercenev Precaredness:
(1)
Issue appropriate warnings.
(2) Staff, administer, and oversee the operation of the County Emergency Operating Center (Alternate Seat of Government).
}
(3) Coordinate the overall functioning of all officials and agencies with emergency responsibilities.
(4) Disseminate infonnation to the populace.
(5) Supervise special defense functions, such as radiological monitoring and reporting, public shelter activities, and provide volunteer services as requi red.
b.
.Q1erk of the Lecislature and Lecislative Aides: Act for and on behalf of the Legislature in implementing whatever emergency legislation may be required in accordance with any such authorization that may have been delegated to them by the County Legislature, c.
County Attorney:
(1) Render advice and opinions to the County Executive with regard to:
(a)
Continuity of government.
(b)
Interpretation, application and imolementation of the New York State Defense Emergency Act, as amended, related Defense Emergency laws, New York State Executive Law, Artic*.e 2-B, other relevant laws and regulations, and orders of the State Office of Disaster Preparedness.
(2) Draft executive orders and regulations in coordination with the County Executive and the Director of Emergency Preparedness.
d.
County Clerk:
(1)
Preserve County records.
(2) Administer oaths of office to duly appointed County officials and their successors.
(3) Carry out other essential duties of his office.,
-r,-yyv,,,------e.
- -,.. - - - -. - -. -,. _ _ -, - ~
50P H-03-A JUN 2 71980 Comissioner of Police:
e, (1) Utilize regular and auxiliary police for maintenance of law and order, including protection of life, property and essential comodities.
(2) Regulate and control traffic.
(3) Direct the populace to shelter or other apprcoriate installations.
(4) Direct the injured and sick to medical installations, and the homeless to American National Red Cross and other mass-care installations.
f.
Sheri f f:
(1) Regulate and control traffic.
(2) Direct the populace to shelter or other appropriate installations.
(3) Direct the injured and sick to medical installations,and the hemeless to American National Red Cross and other mass-care installations.
(4) Operate the County jail and provide for safe custody, treatment, care and control of all prisoners within the County.
g.
Comissioner of Public Works:_
(1) Clear debris.
(2) Perfonn temporary repair and restoration of roads, bridges and transportation facilities.
f (3) Perfonn related engineering and construction work.
(4)
Provide for the maintenance, temporary modification and repair of i
the County Emergency Operating Center.
f (5) Provide necessary maintenance and repairs to other essential l
County facilities.
(6) Distribute emergency potable water supplies in coordination with I
the Comissioner of Health Services.
h.
Comissioner of Social Services:
l (1)
Provide emergency feeding, clothing, lodging and financial assistance.
l (2) Provide information concerning missing relatives.
(3)
Provide authorized assistance to those in need in accordance with
,the provisions of the Social Welfare Law.
1.
Comissioner of Health Services:
i (1) Coordinate the provision of health and medical services to the population, including safeguarding the health of the peopla, the care and treatment of the ill and injured, and the identification of the dead.
s
-4
\\W
50P H-03-A JUN 2 71980 i
(2) Coordinate the emergency operations of all hospitals.
(3)
Perfonn decontamination duties as required.
(4)
Provide coordination of on-site emergency medical services to include transportation of patients to stationary medical facilitic.
(5) Coordinate the oistribution of emergency potable water supplies with the cooperation of the Comissioner of Public Works.
j.
COMVISSTQNER OF_. IRES: :
(1) Activate the Civil Defense warning system.
(2) Coordinate the County-wide deployment of equipment for the containing and extinguishing of fires and the removal cf trapped and injured persons from damaged buildings.
(3)
Perform decontamination duties as required.
(4) Provide coordination of on-site emergency medical services to include transportation of patients to stationary medical care facilities.
k.
County Comotroller:
Carry out, with the advice of other appropriate governmental officers and representatives of the private sector, measures necessary to:
(1)
Stabilize wages; salaries and rents.
(2)
Support indirect monetary, tax and credit measures adopted by the Federal government.
1.
Chief Purchasing Acent:
Direct the purchasinq of and contracting for all supplies, materials and equipment of every kind and nature for all County agencies.
m.
Cemissioners of Election:
Carry out measures to register the populace for the rationing of essential supplies, ccmodities and equipment.
9.
Natural Disaster Operational Assionments.
The following agency heads will have field coerational responsibility in tne types of disaster hereinafter designated:
a.
Comissioner of Public Works:
flood, tidal wave, earthquake, hurricane, tornado, windstorm, landslide, crougnt, snow and ice storm, and blizzard ocerations; and failur,e of water supply, in coordination with the Comissioner of Health Services, b.
Q g pggp fire, including forest fire operations, c.
Comissioner of Health Servicest epidemic operations, ridiation accidents, and certification of water su;: plies.
~
d.
Sheriff and Comissioner of Police:
actual or threatened disaster conditions including civil cisturoances, wnicn are in the scope of law enforcement agencies.
- 10. Report Requiremenj.
Each agency head will render to the County Executive, with regard to his/her organization, a report of expenditures, obligations to spend and resources utilized (above nonnal).
I
i Attachment D I
t t
4-l 1
1 l
l I
i 1
1
?
l F
1 F
6 p
h
EMI?.GISCY OPE?.ATIOliS PLAN STATE 0? N: W YO?.K AN!i::X D, A??INDIX No. 4 COUNTY 0? SU??oLK National' Warning Systes (N.WAS)
AT & T grivate Line Designation: 0?2235-603
,e Fro: ::atier31 Varning
_an) Line Center AT & T Private Lir.e Colorado Spriris, gederal 3erignatt,.:07225(-603 Colorado A:ergency
)
Lanare:ent 6renc y
?.EG!ON II NIW YO?.K.C TY t
J
\\/
Fro: 0-her locations N.Y, 57.473 within the Stcte
'a'arhire Point-IOO Public Security s/
Suilding A lbr r.y, N. Y.
S/
)
/
N. Y. State Southern District J
Poughkeepsie, N.Y.
%/
4 NASsAU COUNTY / ECC Primary Warning Point Garden City, N.Y.
sf s/
l l
L:L:0 Sec:ndary Extens10n
- u: lent ?cuer Warnine Point Suffolk 0:unty s
i
-lant 24 Hours J
30.C Sh:rehas Firereti:s 31dg.
Yaphank, N.Y.
Yapha nk,!!.Y.
l l
l l
4 i
l Ohart :::.2 (::r.ti r.a1 '.' rr.ir.- Fy-t e:) ' :'E '!.5 )
t Attachment E
~
- ^
^
=,
COUNTY OF SUFFOLK DISASTER PREPARIDNESS Pixi January 1, 1981 4
William E. Pagan, Director DIVISION OF ENERGENCY PREPAREDNESS Yaphank Avenue Yaphank, N. Y.
I1980 Tel: 516-924-4400 i
i e
e 6
e 1/81
TABLE CF CO!;*'ENTS EXE CUTIVE
SUMMARY
I-V Covers the format of the Suffolk County Disaster Preparedness Plan SECTICN I INTRCDUCTICN AND BACKGROU!C--------~~~ I-l to I-7 Shared Responsibilities by all levels of government and private sector A.
Purpose I-l B.
Background
I-1 C.
Planning Basis I-2 to I-3
- 1. Prevention / Mitigation, 2. Pasponse,
- 3. Recovery
,D.
Concept of Operations I-3 to I-7
- 1. Prevention / Mitigation, 2. Rasponse,
- 3. Recove.7 E.
149a1 Authority I-7 1.
- t. 2. County,
- 3. State SECTICH II PREVENTICN/MITIGATICN----------------- II-l to II-9 A.
Introduction II-l B.
Operations II-1 to II-2 C.
Prevention / Mitigation Activities and Assignments II-2 to II-3 1.
Administrative duties of the DEP II-3 2.
Iogistical Assistance II-3 to II-4 3.
Disaster Emergency Functions II-4 to II-7 4.
Plans, Policies and Programs II-8 5.
Public Education (Awareness)
II-8 to II-9 6.
Training, Drills, and Exercise II-9 SECTI CH III RESP CNS E-----------------------------
III-l to !!I-2 4 A.
Introduction III-l to III-3 B.
General operations III-3 1.
Response Activities and Assignments III-3 to III-16 2.
Direction and Control III-16 3.
Initiatien of Response Activities III-16 to III-24 Page 1
a SECTION IV R::CO VERY ------------------------------------ IV-1 t o IV-7 A.
Introduction IV-1 to IV-7 5.
Organization IV-1 to IV-2 C.
Recovery Operations in Perspective IV-5 D.
Time Perspectives IV-5 to IV-6 E.
Coranunication IV-4 F.
Analysis IV-4 to :y.7 G.
Planning IV-7 e
8
.i f
e e
9 Page 2 4
-.m._m._,,
_..,,_...--.-,-e,.,.
EXECUTIVE St.,'M..ARY
\\
INTRODUCTION _
l The plan developed for suffolk County to use and be guided by is a direct re-sult of new State legislation (Article 2-B of the New York State Executive Law) and the growing realization of a need to improve the County's handling of dis-Traditionally, this concern has focused on the immediate aster situations.
time when a disaster strikes a portion of the County, but, when studying ways to i= prove County response, the need for a much wider view becomes evident.
'Ihis plan attempts to take such a wider view.
Before a disaster situation occurs, the County should be undertaking preventive or mitigative actions. When a disaster occurs, the County must responc quickly and adequately: and af ter a disaster, the County must provide for recovery ac-These recovery activities can be preventive or mitigative in nature.
tiviuies.
This reasoning and view of disasters is circular and net linear. Dealing with disasters therefore, is an ever on-going operation, and this plan is based on that cencept.
Suf folk County's disaster plan lables the parts of this' en-going operation as 1
This "total view" consideration prevention / Mitigation, Response, and Recovery.
to emphasi:e the of disasters is labelled Comprshensive Emergency Management interrelationship of activities and functions necessary to successfully deal with disasters.
VULNERABILI"'Y ANALYSIS Before any management concept can be. brought to bear ef ficiently, however, there I
[
l A
is a need to determine priorities and where resources should be expended.
1/81 g
vulnerability analysis is a systematic investigation of potential disasters in order to in terms of frequency, magnitude, and prcbability of occurrence, forecast their possible effects on people, systems, facilities, resources and instituations in a specific geographic area. The conpletion and timely up-dating of a vulnerability study will make this plan more meaningful and more useful. The County can best prepare for, respond to, and recover fr:m disas-ters when it has some sound prediction of potential problems.
ORGANI:'AT:CNAL RESPCNSIBILITY Implementation of this plan requires the assignment of responsibility to per-form the functions and activities outlined in the plan. General direction and policy development responsibilities are assigned to the Suf folk County Oisaster Preparedness Departments all other activities are assigned to existing County ager.cie s. No new organization is created.
Responsibility assigned to local agencies is secondary in nature to the respon-The local sibility of the County government to manage all phases of disasters.
levels of government (village, tcwn) should have co=mitted their resources, or be unable to perf orm needed activities, before the County will be::me involved.
Within the Cototy government, local resources should be co==itted before state-wide resources are tapped.
Similarly, County capacity to perform in a disaster must be utilized before State assistance can be requested.
The organization most af fected by a disaster is expected te fully involve it-self prior to requesting assistance.
The plan is not intended to provide specific details of how an agency will ful-fill the responsibilities assigned to it.
The detailed methods of completing 1/81 II i
i
assignments given an agency by the Department of Deergency Preparedness are expected to be determined by the agency and are the agency's responsibility, i
PREVENT CN/MITIGAT:CN Prevention refers to all activities which eliminate or reduce the number of occurences of disasters. Mitigation is any activity which reduces the ef fect of disasters when they do occur.
The County has three main roles in the Prevention /Hitigation phase of disasters:
(1) activities carried out by organizations other than the County, but*
which are encouraged and supported by the County.
(2) activities carried out by organizations other than the County. but which are funded by the County.
(3) activities carried out by the County directly as program functions of the County.
The plan identifies County agency activities in these three categories and as-signs to a designated "focal" agency the central coordination responsibility for Prevention / Mitigation activities for each type of disaster. Also, it re-quires every County agency to censider the agency rules, programs, projects and activities in light of disaster Prevention /Hitigation possibilities.
RISPCNSE Rasponse refers to the 1:nmediate actions to relieve the ef fects of a disaster upon individuals, organizatiuns, and systems.
County involvement under the immediate direction of the Division of Emergency Preparedness is keyed to the County Executive's declaration of a "County Dis-aster Emergency " Prior to such a declaration, response. activities are the 1/81 III 1
I
I responsibility of the Division of Emergency Preparedness as part of its nor-mal functions.
The plan outlines an organi:ational arrange =ent for marshalling appropriate County agencies, under the control of one individual (County Director of E er-gency Preparedness). To assist in the formation of such an organization, the Response section of the plan contains a listing of County agency resources that can be called upon to respond to disaster.
These resources are included as a result of a survey of County agencies.
If there is an escalation of the disaster's effects, resulting in State assis-tance, the organi:ation created by the Division of Emergency Preparedness is unchanged but is linked to the State assistance through the individual man-aging of the County response organization.
RECOVERY Recovery from the effects of a disaster is presented in the plan as the oppor-tunity to restructure and redevelepe all aspects of a cermunity.
It presents the unique planning constraints and influences that will be f aced during the rebuilding period, including the avoidance of experiencing similar disasters in the future.
Direct Division of Emergency Preparedness involvement for Recovery activit les is through the appointment of a permanent group of staff level personnel from various County agencies to serve as the focus of the Depart:sent knowledge and experience in recovery matters.
Prior to a disaster, this group will assist the development of and review of local disaster planning efforts.
IV
- - -.,. - =..
Af ter a disaster, the group will serve as the Department's respresentatives to provide technical assistance to recovery efforts required of local comm-unities by Article 2-5 of the Executive Law.
This plan is intended to provide guidance in addressing all identified types of disasters, both natural and man-made, with the one exception of a radio-logical incident. This particular potential disaster is by law, because of the special knowledge and resources required, the purview of the New York State Health Department. The extraordinary procedures required to monitor and res-pond to radiological incidents have been developed by the Health Department to respond to an incident, it will still function under the general direction Division of 2mergency Preparedness and receive support from other of the County agencies.
The plan is an effort to better organize County involvement in disaster situa-tions.
It' presents no radical concepts or major departures from existing or-ganizational responsibilities at this time. As it is used and develcped, a l
need for changes will becer.e apparent. The Division of Dnergency Prepared-ness responsibilities are outlined in County Charter regulations.
This plan has been developed to meet those responsibilities, i
4 e
i V
1/81
a I.
INTRCDUCTICN AND BACXCRCUND A.
PURPCSE The purpose of this plan is to minimi:e the risk to the health of the inhabitants of Suffolk County, New York, in the event of a peacetace or nuclear attack emergency. Also, to prevent casualties, protect pro-and maintain and perty, preserve the function of the civil government, support economic activities essential for survival and fer eventual recovery from the disaster. This will be accomplished by identifying measures to prevent and mitigate such a disaster, by developing mech-anisms to coordinate Federal, State, local, and private sectors resour-ces, during and af ter such a disaster.
B.
BACKCROUND It is the responsibility of the Suffolk County Severnment to take ex-traordinary action when necessary to prevent or =itigate the loss of life, health and property of its citizens which may be caused or threat-ened by natural or man-made disasters or by enemy attack, and to take such actions as necessary to minimice the occurance of such events.
The Suf folk County Division of Emergency Preparedness is the County agency having primary responsibilitics to implement the necessary dis-aster plan in accordance with the Suffolk County Charter. Article XI.
The Office of the Standard Cperating Procedure (SCP-H-03-A) provides for the Division of Emergency Preparedness as the lead agency, to coordinate other county support agencies to protect life and pecperty in the event of natural and man-made disasters (including hurricanes, tidal waves, fire, storm and earthquakes) or other catastrephics aris-ing from causes c,ther than enemy attack, such as radiation accidents.
1/81 I-l
(b)
CC!OtUNICATICN Conununications systems will be needed for initial not-ification of Federal, State, County, Town and Village emergency organizations, also to the public news media and other essential services.
TOWN AND VILMCE COVER 20'.ENT Town and Village governmental communications network will be activated in coordination with ltc, Civision of Emergency Preparedness County-wide network.
COUNTY COVER!Od. INT The Division of Emergency Preparer..ess has dedicated emergency " HetLines" with State and Federal agencies to provide initial notification and ongoing communi-cation during the emergency.
COUNTY / TOWN. PCLICE AND SHERIFF The County / Town Police and Sheriff has a county-wide police radio system that interconnects with the E.C.C.
It is a complete system between fixed substations and mobile units and has a mobile consnand post bus with radio and telephone.
Radio cars are equipped with pub-lic address systems and bu11 horns and helicopters are equipped with public address systems.
DEPAR'Od.ENT OF MEALTH The Suffolk County Depart:nent of Health Emergency Medi-cal Services (EMS) have mobile radio communication e-quipment with enables State EMS personnel to be in III-5 1/81
contact with ambulance, fire and rescue squads.
l PARKS DEPAR"MENT The Suffolk County Depart =ent of Parks has bullhorn and loudspeaker com.unication capabilities within County parks and recreational facilities.
DEPARTMENT CF PUBLIC WORXS The Suffolk County Department of Public Works has a county-wide system which connects with the Copartment of Emergency Preparedness at the E.O.C.
DEPAROtENT CF FIRE CEtCUS A/S E!!ERGENCY SERVICES The Suffolk County Department of " FRES has radio equipment which can contact County Fire Coordi-nating officers.
It interconnects with the Div4sica of Emergency Preparedness at the E.C.C.
CIVIL AIR PATROL
':he Suffolk County Civil Air Patrol has a radio net-work for emergency backup to cha.2iv4Siert of Emerg-ency Preparedness at the E.O.C.
(c)
PUBLIC NOTIFICATICN A capability will be established to provide a prompt notification signal to the public, followed by provi-sions for disseminating instructions to the public on the appropriate protective actions to be taken.
COUNTY CCVENDtENT (III-7) 1/81 III-6
i The activation and control of this public notification system will be implemented by tha 0.(V Si i
- f E***#7-ency Preparedness, in coordination with the State.
Tne niy 3ien. of Emergency Preparednt3s will insure that public notification systems are activated, includ-ing the coordinated use of the E=ergency Broadcast Sys-tem.
POLICE DEPARS.ENT The suffolk County Police Department will assist, as directed, in the local program to alert the public.
DEPARTMENT CF PA.RKS The Depart =ent of Parks will notify population in the parks and recreational f acilities about the emergency and will issue instructions for appropriate protective actions to be taken.
(d)
DISASTER ASSESSMENT Disaster and rateorelogical capabilities will exist to provide information for assessing the health, lives and property impact of the disaster. Disaster assessment includes meteorological data and the use of such data in detemining the actual or potential i= pact on the health, lives and property in order to determine the appropriate protective action.
<w.,,ee,*ii CF EMERCONCY PREPAREDNESS Tho Civ45. tan. of Emergency Preparedness will assess III-7 t/81
(j) PUBLIC HEALTH, MIDICAL AND SANITATICN SERVICES Provision will be made for the continuation of basic public services during the disaster.
Primary and emergency care and treatment for the ill and injured will also be provided. The movement or censolidation of patients, equipment, and personnel of hospitals, nursing homes, and other special f acilities will be coordinated, as will the allocation of medical resour-cas, and the medical examiners officer for identifica-tion and removal of the dead.
COUNTY GOVERhMENT Most of the activities dealing with health problems and protective actions will be implemented at the Cou-nty level, with support supplied by the State.
DEPARmENT CT HEALTH The Department of Health will provide laborater/ test-ing of samples to assure safe food and water supplies and order any protective actions: monitor potable water supplies will provide technical assistance and risk assessments issue orders related to affected public water supply.
ALL CHTER CCUNTY AGENCIES Activities will be implemented consistent with de Cou-nty Disaster Preparedness Plan.
FEDERAL / STATE AGENCIES (III. l4 )
1 III-13 1/81
Advice and technical assistance will be provided, upon request, to prevent communicable diseases.
(k)
PUBLIC SECURITY Measures necessary to enforce local law and emergency laws will be be provided. Public security measures will be implemented by the County.
POLICE DEPARTMENT The Polics Department will provide manpower and equip-ment to protect life and property: establish ingress and egress controls maintain traffic and crowd controls close highways; suppress riots and disorders: investi-gate accidents; enforce laws, disaster emergency regu-lations, and eurfews; arrest violators secure evacuated areas and coordiante.hese support activities with the Federal, other State agencies, and the local government ef f orts.
(1)
FIRE AND RISCt,7, SERVICE Manpower and rquipment for fire protection surveillance, and suppression, will be provided for the affected emer-gency areas, inc.'uding on-site assistance.
Search and rescue operations including air, land, and water will also be provided.
The fire and rescue services will be TRIS with coordinated by the cous ty Department of support from the State and other agencies.
POLICE DEPAR':? TENT (III-13) 1/81 III-14
he Police Department will provide search and rescue capabilities, using boats, land vehicles, and heli-copters, to locate missing persons and rescue stranded people.
CIVIL' AIR PAM OL The Civil Air Patrol will provide aircraf t and person-nel to conduct air search missions, if requested.
(m)
PUBLIC WCRXS Se repairing of damaged roads, the clearing of obstuc-tions on roadways, and the removal of impediments on designated evacuation routes will be provided for.
CC*JNTY GOVER.$04ENT The engineering efforts, providing personnel, expertise, and equipment in the af facted area, will be a primary responsibility of the local jurisdictien(s) for County roads.
State and Federal agencies will provide heavy equipment and manpower to operate equipment and will coordinate their activities with the local effort.
The Public Works Department will provide available re-sources (equipment and manpower) and, upon request, i
will coordinate assistance from other agencies to se-cure the use of evacuation routes.
(n)
TRANSPORTATICN P
The transportation of the injured. critical equipment, i
supplies, food, cad emergency personnel will be provided I
for.
l III-15 1/SI i
.,, _- -- _.~-,,
1 Attachment F I
i 1
-m
, _._.., ~.,_ _ _.,.. _. _, _ _,
_ _ _ _ _ _ _. _ _, -, _., _. - _ _ _ ~ _ _ _. - - _, _..
i
-~.-ve--
e^'
v.ee..- : ICY OFIP.AT:CNS PLAN gg y n a
- Annex D'
_A;;sndix Me. 6
.c.u.J. v. u...D e,w.:e. n.e...n.. w..e i
w w..-
r 1,
cW/IF.'!C-OI?A*"MI' *S. GF.CtJFS A*;D AGINC*IS provide est.y a.d varied functi:ns during an e=ergency environment either natural er can-made.
Ic=e of these functions are really an intensive extensien Of their eve:/ day activities and :-est agencies are organi:ed to provide e=ergen:7 functions for prolonged periods. Cther agencies can he staff er.d equip:.ent aug=ented to provide sustained c;erations.
2.
Private agencies er ::=panies such as the Long Island Lighting C =;any or the New York Telephone C =;any. D.e A=erican ?,ed Cross and ~he Salvatica Ar:y have i=;crtant =issiens during e=ergency or disaster conditions.
liasen persennel frc= these agencies or cer;cratiensa are assigned to the ~,sunty I:ergency Operating Center during disaster conditient..
Active ecc;eration.tetveen govern =ent and the private sector.'i essential in =itigating the effects of a disaster en the lives and property of the pec;1e of Suffolk County.
3 page 2 Graphi: ally illustrates the functions and agencies during P
e=ergency ceniitiens with the I.O.C. as the ;cin cf the eecrdinated e f fort.
I I
1 l
A h
r l
l l,
4 i
7/83 i
j
Attachment G
spo LILCO, Juns 2, 1982 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322 (OL)
)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
LILCO'S FIRST REQUEST TO SUFFOLK COUNTY FOR PRODUCTION OF EMERGENCY PLANNING DOCUMENTS The Long Island Lighting Company (LILCO) hereby requests suffolk County to produce at LILCO's offices in Hicksville or at another mutually agreed-upon location each of the documents set forth below. within thirty (30) days after service of this request, in accordance with 10 C.F.R.
S 2.741.
These document requests pertain to the emergency planning and preparedness issues under consideration by the Atomic Safety and Licencing Board in the Shoreham operating license proceeding.
DEFINITIONS A.
"County" means the government organization of Suffolk County and any officer, official, employee, representative, consultant, agent, contractor, subcontractor, technical advisor, attorney, or other person acting for or on behalf of the County or at the County's direction, or in concert with the i
t l
County or assisting the County.
i 1
. b
. i B.
"Person" means any natural person, firm, partnership, educational institution, joint venture, corporation, and any domestic government organization, or group of natural persons or such entities.
C.
"Document" means any handwritten, typewritten, printed or recorded graphic matter however produced or reproduced, whether or not in the possession, custody or control of the County and whether or not claimed to be privileged against discovery on any ground, including but not limited to, reports, records, lists, memoranda, correspondence, telegrams, schedules, photographs, sound recordings, ledgers, books of account, catalogues, checks, check stubs, brochures and written statements of any person.
If the County considers any document called for in this request to be privi3sged from production, the County must include in its response to this request a list of documents withheld from production, identifying each document by date, addressee (s), author, title and subject matter.
In addition, the County should identify those persons who have seen the document or who were sent copies, and state the ground (s) upon which each such document is considered privileged.
If any document called for in this request has been destroyed, the County must include in its response to this request a description of the documents destroyed, identifying each document by date, addressee (s), author, title and subject matter.
In addition, the County should state the date of destruction, the identity of the person or persons who
. destroyed the document, and the reason the document was destroyed.
D.
The words "pertaining to" include referring to, responding to, relating to, connected with, concerning, comprising, memorializing, commenting on, regarding, discussing, showing, describing, reflecting, analyzing, supporting, contradicting and constituting.
DOCUMENT REQUESTS 1.
All documents pertaining to the "Suffolk County Radiological Emergency Response Plan as of March 10, 1982," as supplemented by the letter of April 19, 1982, from Herbert H. Brown to the Atomic Safety and Licensing Board (the March 10 plan), if such documents are not covered by requests 2-12 below.
2.
All maps, drawings or other documents concerning placement of tone-activated radios within the Prompt Notification System network.
3.
All documents analyzing, studying or otherwise concerning the basis for placement of the tone-activated radios and the effectiveness of such radios.
4.
All documents describing procedures for use of the Prompt Notification System including:
(a) how it is activated.
(b) who may activate it.
5.
All documents analyzing, reviewing or otherwise concerning under what emergency conditions the Prompt
r-
_4 Notification System should be used, including documents concerning use of
.e system early in an emergency for notification of areas where sheltering may not be a viable option.
6.
All documents analyzing, studying, or otherwise concerning the quality, adequacy, completeness, or effectiveness of the March 10 plan.
7.
All documents to or from Mr. Frank R. Jones, Mr. Lee E.
Xoppelman, and/or Mr. Robert C. Meunkle regarding the March 10 plan, including any documents discussing the County's decision to abandon preparation of that plan.
8.
All documents regarding preparation of the March 10 plan, including any documents indicating the division of responsibility for preparing the plan, the schedule by which the plan was to be completed, and the persons, if any, who were to review the plan.
9.
All documents used in preparing the March 10 plan, including any other local emergency response plans obtained by the County from other local governments.
10.
All documents analyzing, studying, or critiquing documents used in preparing the March 10 plan.
11.
All documents describing additions or revisions to the March 10 plan since March 10, 1982, 12.
All documents pertaining to additions or revisions to the March 10 plan since March 10, 1982, including any documents indicating the division of responsibility for preparing the additions or revicions, the documents addressing +he schedule by which the additions or revisions were to be completed, documents relied upon in preparing the additions or revisions, and documents analyzing, studying or critiquing the additions or revisions.
13.
All documents pertaining to the County's organization 4
for coping with emergencies that do not involve nuclear power.
14.
All documents pertaining to the County's procedures for coping with emergencies that do not involve nuclear power.
15.
All documents analyzing, studying or critiquing the County's plan or plans for dealing with emergencies j
that do not involve nuclear power.
16.
All documents relied upon la preparing the County's i
plan or plans for dealing with emergencies that do I
not involve nuclear power.
17.
All documents analyzing, studying, or critiquing any documents relied upon in preparing the County's plan l
or plans for dealing with emergencies that do not involve nuclear power.
i 18.
All documents indicating the division of responsi-bility for preparing the County's plan or plans for l
dealing with emergencies that do not involve nuclear power, the schedule by which the plan or plans were i
J i
to be completed, and the persons, if any, who l
i reviewed the plan or plans, i
l 4
i e
c 6-19.
All other documents pertaining to the County's plan or plans for dealing with emergencies that do not involve nuclear power.
20.
All documents pertaining to the County's organization for coping with emergencies involving the Brookhaven National Laboratory.
21.
All documents pertaining to the County's procedures for coping with emergencies that involve the Brookhaven National Laboratory.
22.
All documents analyzing, studying or criti;uing the County's plan for dealing with emergencies that involve the Brookhaven National Laboratory.
23.
All documents analyzing, studying, or critiquing any documents relied upon in preparing the County's plan for dealing with emergencies that involve the Brookhaven National Laboratory.
24.
All documents indicating the division of responsi-bility for preparing the County's plan for dealing with emergencies that involve the Brookhaven National Laboratory, the schedule by which the plan was to be completed, and the persons, if any, who reviewed the plan.
25.
All other documents pertaining to emergency planning for emergencies involving the Brookhaven National Laboratory.
26.
All documents pertaining to the County's organization for coping with emergencies involving the Millstone Point Nuclear Power Station.
j l
27.
All documents pertaining to the County's procedures for coping with emergencies involving the Millstone Point Nuclear Power Station.
28.
All documents analyzing, studying or critiquing the County's plan for dealing with emergencies involving l
2 the Millstone Point Nuclear Power Station.
29.
All documents analyzing, studying, or critiquing any documents relied upon in preparing the County's plan t
i for dealing with emergencies involving the M111stona
[
t Point Nuclear Fower Station.
30.
All documents indicating the division of responsi-i I
bility for preparing the County's plan for dealing 4
with emergencies involving the Millstone Point i
Nuclear Power Station, the schedule by which the plan
[
was to be completed, and the persons, if-any, who r
reviewed the plan.
[
31.
All o*,her documents pertaining to emergency planning
{
f for emergencies involving the Millstone Point Nuclear
[
Power Station.
32.
All documents regarding preparation of the
[
county-wide Radiological Emergency Response Plan
]
(Recponse Plan) now being developed under Resolution f
I l
No. 262-82, including any documents indicating the r
person or persons preparing the plan, the division of l
responsibility for preparing the plan, the schedule
)
by which the plan will be completed, and the persons j
I who will review the plan.
t J
l
. - _.. _ _. - - _. _ _,., _ _ _ _. -.. _. _ _ _. _... _ _ _, _ _ _-,._.,..._,.____,,./._._..,_-
og.
33.
All documents that outline, describe, summarize or contain drafts of the Response Plan or parts of it.
34.
All documents analyzing, studying, or critiquing any 1
descriptions, outlines, summaries or drafts of the Response Plan or parts of it.
35.
All documents being used to prepare the Response Plan, including but not limited to (a) consultants' reports.
(b) studies or analyses of the topc;xupnic area surrounding Sheteham.
1 (c) studies or analyses of the population i
i surrounding Shoreham.
i (d) other emergency response plans.
36.
All documents analyzing, studying, or critiquing i
l
+
documents being used to prepare the Response Plan.
37.
All documents to or from the County's Radiological Emergency Response Plan Steering Committee, or individual members of that Committee, including but not limited to I
(a) directions or guidelines to be followed by the Committee.
(b) schedules for the Committee's work.
1 (c) documents addressing the division of i
l responsibility among Committee members.
i i
38.
All documents reflecting any meetings or contacts i
)
involving suffolk County officers, personnel, I
)
i i
E 4-b l'
...~
i,l F contractors, subcontractors, consultants, or other representatives and pertaining to emergency planning.
39.
All other documents pertaining to the preparation of the Response Plan or parts of it.
40.
All documents pertaining to emergency planning on which Suffolk County will rely in the NRC operating license proceeding for Shoraham.
41-All testimony on emergency planning given by any of Suffolk County's consultants, officials, employees, consultants, or representatives in any proceeding, be it administrative, legislative, or judicial.
Such consultants include, but are not limited to, the following:
PRC-Voorhees Prof. Philip B. Herr Dr. Kai T. Erikson Dr. James H. Johnson Dr. Donald J.
Ziegler Dr. Walter C. Farrel, Jr.
Dr. David Stevenson Dr. Fred Finlayson Dr. Robert J. Budnitz Dr. Edward P. Radford Respectfully submitted, LONG ISLAND LIGHTING COMPANY A N n?'
e
[jR.Tay..orReveley,III James N. Christman Kathy E. B. McCleskey Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED:
June 2, 1982 r
1
g/)
LILCO, June 2, 1982 3
In the Matter of
/
LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322 (OL)
CERTIFICATE OF SERVICE I hereby certify that copies of (1) LILCO'S First Request to Suffolk County for Production of Emergency Planning Documents, '(2) Notice of Appearance of Kathy E. B. McCleskey, and (3) Notice of Appearance of James N. Christman were served upon the following people by first-class mail, postage prepaid, on June 1, 1982.
Lawrence Brenner, Esq.
Atomic Safety and Licensing Administrative Judge Appeal Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commissica U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C.
20555 Atomic Safety and Licensing Board Panel Dr. Peter A. Morris U.S. Nuclear Regulatory Administrative Judge Commission Atomic Safety and Licensing Washington, D.C.
20555 Board Panel U.S. Nuclear Regulatory Bernard M. Bordenick, Esq.
Commission David A. Repka, Esq.
Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Dr. James A. Carpenter Washington, D.C.
20555 Administrative Judge Atomic Safety and Licensing David J. Gilmartin, Esq.
Board Panel Attn:
Patricia A. Dempsey, Esq.
U.S. Nuclear Regulatory County Attorney Commission.
Suffolk County Department Wasington, D.C. 20555 Law Veterans Memorial Highway Secretary of the Commission Hauppauge, New York 11787 U.S. Nuclear Regulatory Commission Ralph Shapiro, Esq.
Washington, D.C.
20555 Cammer and Shapiro, P.C.
9 East 40th Street New York, New York 10016
_ _.. _. _.. _. _ _... _. - -.... _ _ _ _.. _., _ _ _ _ _.. _ _. _. ~., _ _ _.. _ _ _, -... _,
Herbert H. Brown, Esq.
Matthew J. Kelly, Esq.
Lawrence Coe Lanpher, Esq.
New York State Energy Office Karla J.
Letsche, Esq.
Agency Building 2 Christopher & Philips Empire State Plaza 6th Floor Albany, New York 12223 1900 M.
Street, N.W.
Washington, D.C.
20036 Mr. Jay Dunkleberger New York State Energy Office Mr. Mark W. Goldsmith Agency Building 2 Energy Research Group Empire State Plaza 400-1 Totten Pond Road Albany, New York 12223 Waltham, Massachusetts 02154 MHB Technical Associates 1723 Hamilton Avenue Suite K San Jose, California 95125 Stephan B. Latham, Esq.
Twomey, Latham & Shea 33 West Second Street P.O. Box 398 Riverhead, New York 11901 O
- n. W ames N.
Christman Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED:
June 2, 1982 i
1 l
1 l
l
7 b',
a 6
a 1
i Attachment II J
i f
i l
l l
t I
l
(
L UNITED STATES OF AMERICA NUCLEAR REGULATORY CCMMISSION
?
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322 0.L.
)
(Emergency Planning (Shoreham Nuclear Power
)
Proceedings)
Station, Unit 1)
)
)
)
SUFFOLK COUNTY'S RESPONSE TO LILCO's FIRST REQUEST TO SUFFOLK COUNTY FOR PRODUCTION OF EMERGENCY PLANNING DOCUMENTS Suffolk County hereby responds to LILCO's June 2, 1982~First Request to Suffolk County for Production of Emergency Planning Documents ( the "Request") as follows:
OBJECTIONS Introduction On April 20, 1982, the Board held a Prehearing Conference to determine, among other things, the scope of the emergency planning issues that would be open' to consideration by the Board.
Recognizing that there was no County radiologi-cal emergency response plan in existence at that time (Tr. 744) and that "it is going to be a long time before we can litigate
o the Board nevertheless declared that offsit6 matters certain emergency planning issues were ripe for litigation (Tr.
744-746).
It defined those issues as "the licensee's actions under its emergency plan whether those actions be onsite or offsite (Tr. 760; emphasis added).
Counsel for Suffolk County, SOC, and the NSC objected strenuously to the Bcard's ef fort to separate consideration of the licensee's emergency planning responsibilities from those of the County and State (Tr. 748-750, 770-775, 795-802).
They
~
argued that emergency planning was necessarily an integrated the utility and affected governments and that the effort among in emergency plan of no particular party could be evaluated isolation (Tr. 809-810).
Therefore, they concluded, no emer-gency planning icsue should be litigated prior to the comple-tion of the County's plan.
Despite those objections, the Board the parties go forward with discovery and litiga-directed that tion of LILCO's plan (Tr. 794, 802).
Its Order of April 20, 1982, reiterated the narrow scope of emergency planning issues subject to ligitation, ordering that contentions "based on LILCO's emergency response plan must be received by June 22, 1982."
\\
In accordance with the Board's guidance, Suffolk County submitted to LILCO on May 11, 1982, a request for documents l
seeking only those items relevant to the issues defined by the
['
l L 1 l
l
Board. In contrast, even a cursory review of LILCO's June 2, 1982 Request reveals that LILCO has virtually ignored the Board's explicit directives restricting the emergency planning issues to LILCO's plan.
Instead, with few exceptions, LILCO
~
has requested a broad range of documents having no relevance whatsoever to those limited emergency planning issues which are now before the Board.
LILCO's Request may be broken down into four general cate-gories:
1)
Those documents pertaining to suffolk County's emer-gency planning efforts culminating in the compilation of certain emergency planning response materials dated March 10, 1982 (Requests 1, 6-12).
2)
Those documents pertaining to Suffolk County's plans for emergencies not related to nuclear power (Requests 13-19);
3)
Those documents pertaining to Suffolk County's pl*.ns for emergencies involving Brookhaven Laboratory and tha Millstone Point Nuclear Power Station (Requests 20-31); and 4)
Those documents pertaining to Suffolk County's devel-opment of its Padiological Emergency Fesponse Plan (Requests 32-39),
Quite clearly, LILCO's Request, pertaining as it does almost exclusively to Suf folk County's radiological response plan and its responsibilities in the event of various emergencies are
~
not within the scope of the issues defined by the Board at the Prehearing Conference and in its subsequent Order -- that is, LILCO's own plan and its actions pursuant to that plan.
It appears instead that LILCO is endeavoring to roam through the County's emergency planning files before offsite planning be-comes an issue in these proceedings and before completion of the County's plan.
Furthermore, LILCO's irrelevant and over-broad requests are not reasonably calculated to lead to disco-very of admissible evidence on the issues at hand.
Thus, LILCO is seeking discovery outside the scope permitted by the Board and 10 CFR 52.740(b)(1).
In light of LILCO's unwarranted and unpermissible document request, Suffolk County objects to Requests 1 and 6-39.
LILCO is not without previous notice of Suffolk County's objections.
For the very purpose of avoiding numerous objec-tions to LILCO's request, Suffolk County noted the foregoing reservations in letters to LILCO's counsel on June 15 and again on June 22, 1982, and suggested that LILCO amend its Request in conformance with the Board's guidance.
(See Attachments A and C hereto).
LILCO responded by letter of June 17, 1982 stating that Suffolk County's position was "unfounded" and, in essence,
-4
declined to limit the scope of LILCO's Request.
(See Attachment B).
Complying with LILCO's Request at this time, insofar as the Request calls for materials not remotely germane to LILCO's plan, would impose undue burden and expense on Suf folk County
-- particularly in view of the likelihood that the parties will in further discovery on Suffolk County's plan at a engage future stage of this proceeding.
Moreover, given the breadth of the Request, a search of the County's records for responsive documents would require a considerable amount of time which would necessarily entail cascading delays in the orderly devel-opment of a record in this proceeding.
The County is compel-led, therefore, to make the following objections which, to avoid unnecessary repetition, will be addressed to the four as otherwise noted.
general categories outlined above, except March 10, 1982, Materials 1.
.All documents pertaining to the "Suffolk County Radiological Emergency Fesponse Plan as of March 10, 1982," as supplemented by the letter of April 19, 1982, from Herbert H.
Brown to the Atomic Safety and Licensing Board (the March 10 plan), if such documents are not covered by re-quests 2-12 below..
p, _...
6.
All documents analyzing, studying, or otherwise concerning the quality, adequacy, completeness, of effectiveness of the March 10 plan.
7.
All documents to or from Mr. Frank R.
Jones, Mr.
Lee E. Koppelman, and/or Mr. Robert C.
Meunkle regarding the March 10 plan, including any docu-ments discussing the Cour.ty's decision to aban-don preparation of that plan.
8.
All documents regarding preparation of the March 10 plan, including any documents indicating the division of responsibility for preparing the plan, the schedule by which the plan was to be completed, and the persons, if any, who were to review the plan.
9.
All documents used in preparing the March 10 plan, including any other local emergency re-sponse plans obtained by the County from other local governments.
10.
All documents analyzing, studying, or critiquing documents used in preparing the March 10 plan.
11.
All documents describing additions or revisions to the March 10 plan since March 10, 1982.
12.
All documents pertaining to additions or revi-sions to the March 10 plan since March 10, 1982, 8 l
m c...
including any documents indicating the division of responsibility for preparing the additions or revisions, the documents addressing the schedule
~
by which the additions or revisions were to be completed, documents relied upon in preparing the additions or revisions, and documents ana-lyzing, studying or critiquing the additions or revisions.
Response
Objected to as outside the scope of the emer-gency planning issues now under consideration by the Board (see Introduction).
These requests are irrelevant and are not rea-sonably calculated to lead to discovery of admissible evidence pertaining to LlLCO's plan.
Furthermore, Request 7 seeks.
intra-governmental correspondence (and other documents) regard-ing County policymaking decisions.
Such materials are privile-ged and not subject to discovery.
Suffolk County Plans for Non-Nuclear Emercencies 13.
All documents pertaining to the County's organi-zation for coping with emergencies that do not involve nuclear power.
14.
All documents pertaining to the County's proce-dures for coping with emergencies that do not involve nuclear power...
15.
All documents analyzing, studying or critiquing the County's plan or plans for dealing with emergencies that do not involve nuclear powe r.
16.
All documents relied upon in preparing the County's plan or plans'for dealing with emergen-cies that do not involve nuclear power.
17.
All documents analyzing, studying, or critiquing any documents relied upon in preparing the County's plan or plans for dealing with emergen-cies that do not involve nuclear power.
18.
All documents indicating the division of respon-sibility for preparing the County's plan or plans for dealing with emergencies that do,not invo'.' 'e nuclear powe r, the schedule by which the plan ct plans were to be completed, and the per-sons, if any, who reviewed the plan or plans.
19.
All other documents pertaining to the County's plan or plans for dealing with emergencies that do not involve nuclear power.
Response
Objected to as outside the scope of the emer-gency planning issues now under consideration by the Board (see Introduction).
Suffolk County's plans and procedures for cop-i ing with non-nuclear accidents are not pertinent to LILCO's plan or its actions to be taken in the event of a radiological l
l \\
l
emergency.
Furthermore, the requests seek documents pertaining to Suffolk County policymaking which are privileged.
LILCO's requests are thus irrelevant and
- e not reasonably calculated to lead to discovery of admissible evidence pertaining to the emergency planning issues now before the Board.
Suffolk County's Plans For Emergen:ies Involving Brookhaven National Laboratory and the Millstone Nuclear Power Stations 20.
All documents pertaining to the County's organi-zation for coping with emergencies involving the Brookhaven National Laboratory.
21.
All documents pertaining to the County's proce-dures for coping with emergencies that involve the Brookhaven National Laboratorv.
22.
All documents analyzing, studying or critiquing the County's plan for dealing with emergencies that involve the Brookhaven National Laboratory.
23.
A 1.1 documents analyzing, studying, or critiquing any documents relied upon in preparing the County's plan for dealing with emergencies that involve the Brookhaven National Laboratory.
24.
All documents indicating the division of respon-sibility for preparing the County's plan for dealing with emergencies that involve the Brookhaven Nationa. Laboratory, the schedule by
-9_
which the plan was to be completed, and the persons, if any, who reviewed the plan.
25.
All other documents pertaining to emergency planning for emergencies involving the e
Brookhaven Nat.inal Laboratory.
26.
All documents pertaining to the County's organi-zation for coping with emergencies involving the Millstone Point Nuclear Power Station.
27.
All documents pertaining to the County's proce-dures for coping with emergencies involving the Millstone Point Nuclear Power Station.
28.
All documents analyzing, studying or critiquing the County's plan for dealing with emergenc,ies involving the Millstone Point Nuclear Power Station.
29.
All documents analyzing, studying, or critiquing any documents relied upon in preparing the County's plan for dealing with emergencies invo-lying the Millstone Point Nuclear Power Station.
30.
All documents indicating the division of respon-sibility for preparing the County's plan for dealing with emergencies involving the Millstone Point Nuclear Power Station, the schedule by which the plan was to be completed, and tne persons, if any, who reviewed the plan.
- - _ _ - ~
31.
All other documents pertaining to emergency planning for emergencies involving the Millstone Point Nuclear Power Station.
Response
Objected to as outside the scope of the emer-gency planning issues now under consideration by the Board (see Introduction).
Suffolk County's plans or procedures for emer-gencies at Brookhaven National Laboratory or the Millstone Point Nuclear Power Station are not pertinent to LILCO's plan or the actions it will take in the event of an emergency at Shoreham.
LILCO's requests are thus irrelevant and are not reasonably calculated to lead to discovery of admissible evi-dence pertaining to the emergency planning issues now before the Board.
Suffolk County's Radiological Emergency Response Plan 32.
All documents regarding preparation of the county-wide Radiological Emergency Response Plan (Response Plan) now being (eveloped under Resolution No. 262-82, including any documents indicating the person or persons preparing the plan, the division of responsibility for prepar-ing the plan, the schedule by which the plan will be completed, and the persons who will re-view the plan.
11 -
33.
All documents that outline, describe, summarize or contain drafts of the Response Plan or parts of it.
34.
All documents analyzing, studying, or critiquing any descriptions, outlines, summaries, or drafts of the Response Plan or parts of it.
35.
All documents being used to prepare the Fesponse Plan, including but not limited to:
(a) consultants' reports.
(b) studies or analyses of the topographic area surrounding Shoreham.
(c) studies or analyses of the population sur-rounding Shoreham.
(d) other emergency response plans.
36.
All documents analyzing, studying, or critiquing documents being used to prepare the Response Plan.
37.
All documents to or from the County's Radiological Emergency Response Plan Steering Committee, or individual members of that Committee, including but not limited to:
(a) directions or guidelines to be folicwed by the Committee.
G G
12 -
k
(b) schedules for the Committee's work.
(c) documents addressing the division of re-sponsibility among Committee members.
38.
All documents reflecting any meeting or contacts involving suffolk County officers, personnel, contractors, subcontractors, consultants, or other representatives and pertaining to emer-gency planning.
39.
All other documents pertaining to the prepara-tion of the Response Plan or parts of it.
Besconse:
Objected to as outside the scope of the emer-gency planning issues new under consideration by the Board (see Introduction).
Suffolk County's own emergency planning efforts are not presently at issue.
The requests are therefore irrele-vant and are not reasonably calculated to lead to discovery of admissible evidence pertaining to the issues now under consi-deration by the Board.
Furthermore, as noted above, even assuming arguendo that LILCO Requests 32-39 are relevant, the production of responsive documents would be extremely burden-Suffolk County is expending exhaustive efforts to deve-some.
lop an emergency response plan by October 1, 1982.
A massive amount of material is continuously being developed and refined on a daily basis for inclusion in the proposed plan.
A records-search and production of all responsive material would l
13 -
\\
distract the County and its consultants from their efforts to complete the plan in time.
Moreover, even if the Board deter-mines that Requests 32-39 are required to be produced by Suffolk County, the Board snould defer requiring the County to produce responsive matitials until the completion of the County's plan.
LILCO's REMAINING REQUESTS 2.
All maps, drawings or other documents concerning placement of tone-activated radios within the Prompt Notification System network.
Response
Provided.
See also the March 10, 1982, materi-als previously provided to LILCo.
3.
All documents analyzing, studying or otherwise concerning the basis for placement of the tone-activated radios and the ef fectiveness of such radios.
Response
P r ov id ed.
See response to Request 2.
All documents describing procedures for use of 4.
the Prompt Notification System including:
(a) how it is activated.
(b) who may activate it.
Response
Provided.
See response to Pequest 2.
5.
All documents analyzing, reviewing or other-wise concerning under what emergency conditions the Prompt Notification System should be used, I
14 -
1 i
I
I l
1 a
including documents concerning use of the system early in an emergency for notification of areas where sheltering may not be a viable option.
Response
Provided.
See also response to Request 2.
40.
All documents pertaining to emergency planning on which Suffolk County will rely in the NRC eperating license proceeding for Shoreham.
Suffolk County has not yet made a determination Reseonse:
to the documents to be relied upon.
Such documents will be
- as furnished promptly after Suffolk County has m.tde the requisite determination.
41.
All testimony on emergency planning given by any of Suf folk County's consultants, of ficials, er.
ployees, consultants, or representatives in any proceeding, be it administrative, legislative,
or judicial.
Such consultants include, but are not limited to, the following:
r PRC Voorhees Prof. Philip B.
Herr Dr. Kai T.
Erikson Dr. James H. Johnson Dr. Donald J.
Ziegler Dr. Walter C.
Farrel, Jr.
Dr. David Stevenson Dr. Fred Finlayson Dr. Robert J. Budnitz Dr. Edward P.
Rad fo rd 15 -
y--w-
-,,----,wery-w+-wrere
~-->==--w-
--rvr--~ew--,,<-
r,w.-e e
-, - -r
Response
Provided with respect to the written testimony of Andrew C.
Kanen of PRC Voorhees, Dr. Kai T.
Erikson, and Dr.
James H.
Johnson.
Any written testimony on emergency planning g iven by Dr. Edward P. Pad ford Dr. Donald J.
Ziegler, Dr.
Walter C. Farrel, Jr., and Dr. David Stevenson will be fctth-coming shortly if such testimony exists.
The oral testimony of the above consultants may be found in the following transcripts of ASLB proceedings:
Andrew C.
Kanen In the Matter of The Detroit Edison Company, Enrico Fermi Atomic Power Plant Unit 2.
Docket No. 50-341.
Dr. James R. Johnson In the Matter of Pacific Gas and Electric Company, Diablo Canyon Nuclear Power.
Plant Units No. 1 and 2.
Docket No. 50-275, 50-323.
Dr. Kai T.
Erikson In the Matter of Pacific Gas and Electric Company, Diablo Canyon Nuclear Power Plant Units No. 1 and 2.
Docket No. 50-275, 50-323.
In the Matter of Metropolitan Edison Co.
Three Mile Island Unit One Docket No. 50-299.
that there exists oral testimony regarding emer-To the extent gency planning given by Dr. Edward P.
Radford, Dr. Donald J.
Ziegler, Dr. Walter C. Farrel, or Dr. David Stevenson, such 16 -
- - ____-._. -__ - ---.- =.
e testimony will be identified shortly.
In addition, Dr. Erikson was deposed in the present proceedings regarding Indian Point.
Suffolk County objects to Request 41, insofar as it per-tains to the remaining consultants, in that such consultants are working solely on development of Suffolk County's plan, are not presently providing services regarding litigation of LILCO's plan, and are not presently expected to testify on the issuec at hand.
Therefore, the testimony sought is not rele-vant to LILCO's plan, nor is it reasonably calculated to lead to admissible evidence on that issue.
- the event that Suffolk County decides to utilize one of the remaining named consultants as a witness on LILCO's plan, any prior testimony of that witness will be provided.
Respectfully submitted, DAVID J.
GILMARTIN Suffolk County Attorney PATRICIA A.
DEMPSEY Assistant Suffolk County Attorney Suf folk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 4 's _
'Herber( H.
Brown Lawrence Coe Lanpher Christopher M.
McMurray KIRKPATRICK, LOCKHART, HIL CHRISTOPHER & PHILLIPS 1900 M Street, NW, Suite 800 Washington, DC 20036 (202) 452-7000 Attorneys for Suffolk County 17 -
S.,
~
e UNITED STATES OF AMERICA NUCLEAR REGULATORY CCMMISSION BEFORE THE ATCMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
LONG ISLAND LIGHTING CCMPANY
)
)
Docket No. 50-322 (0.L.)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of Suffolk County's Response to LILCO's First Pequest to Suffolk County For Production Of Emergency Planning Documents were sent on July 1, 1982, by U.S.
Mail, first class, to the following:
Lawrence Brenner, Esq.
Ralph Shapiro, Esq.
Administrative Judge Cammer and Shapiro Atomic Safety and Licensing Board 9 East 40th Street U.S. Nuclear Regulatory Commission New York, New York 10016 Washington, D.C.
20555 Howard L.
Blau, Esq.
Dr. James L.
Carpenter 217 Newbridge Road Administrative Judge Hicksville, New York 11801 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission W.
Taylor Reveley III, Esq.*
Washington, D.C.
20555 Hunton & Williams P.O.
Box 1535 707 East Main St.
Mr. Peter A.
Morris Richmond, Virginia 23212 Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Conimission Mr. Jay Dunkleberger Washington, D.C.
20555 New York State Energy Office Agency Building 2 Edward M.
Barrett, Esq.
Empire State Plaza General Counsel Albany, New York 12223 Long Island Lighting Company 250 Old Country Road Mineola, New York 11501 Stephen B.
Latham, Esq.
Twomey, Latham & Shea Mr. Brian McCaffrey Attorneys at Law P.O.
Box 398 Long Island Lighting Company 175 East Cid Country Road 33 West Second Street Hicksville, New York 11801 Riverhead, New York 11901
- By Federal Express
Marc W. Goldsmith Mr. G f Smith I
En@rgy Rossarch Group, Inc.
Shoreham iuclear Powar Station 400-1 Totten Pond Road P.O.
Box 618 Waltham, Massachusetts 02154 North Country Road Wad'.ng River, New York 11792 Joel Blau, Esq.
MHB Technical Associates New York Public Service Commission 1723 Hamilton Avenue The Governor Nelson A.
Rockefeller Suite K Building San Jose, California 95125 Empire State Plaza Albany, New York 12223 Hon. Peter Cohalan Suffolk County Executive David H. Gilmartin, Isq.
County Executive / Legislative Suffolk County Attorney Building County Executive / Legislative Bldg.
Veterans Memorial Highway Veterans Memorial Highway Hauppauge, New York 11788 Hauppauge, New York 11788 Ezra I.
Bialik, Esq.
Atomic Safety and Licensing Assistant Attorney General Board Panel Environmental Protection Bureau U.S. Nuclear Regulatory Commission New York State Department of Washington, D.C.
20555 Law 2 World Trade Center Docketing and Service Section New York, New York 10047 Office of the Secretary U.S. Nuclear ?egulatory Commission Atomic Safety and Licensing Washington, D.C.
20555 Appeal Board U.S.
Nuclear Regulatory Bernard M.
Bordenick, Esq.
Commission David A.
Repka, Esq.
Washington, D.C.
'20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mattnew J.
Kelly, Esq.
Staff Counsel, New York State Public Service Comm.
Stuart Diamond Environment / Energy Writer 3 Rockefeller Plaza Albany, New York 12223 NEWSDAY Long Island, New York 11747 Cherif Sedky, Esq.
Kirkpatrick, Lockhart, Johnson & Hutchison 1500 Oliver Building Pittsburgh, Pennsylvania 15222 a
hristopher M.
McMurray KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS
/, /fdI25 1900 M Street, N.W.,
8th Floor DATE:
j/
w shington, D.C.
20036 a
( __
s.
ATTACHMENT A KraxPxrarcx, LocKIIART, Hu.I., CmusrorItzn & PIntLIrs A Pesmanas !> r.r:ss.o A P= ors.eioma Con o.. nom 1900 M SrazzT, N. W.
WA. sun <orox, D. C. 2 ooos er Ftrisevaos fata.Fwess (aos) asa.rooo c tw usen June 15, 1982 c m r==.== =Fm e a u x= =
Soo o1J'Yt.R SC3LDCro TELE 2 eeooot JfsFM OT FITT4 3CaoM. FETN'TifAsta A4888 WAATEJt s Df9tCf DIAle F%"Mata (462) 3se=e404 452-8391 James Christ =an, Esq.
Hunton & Williams P.O.
Box 1535 707 East Main Street Rich:no nd, Virginia 23212
Dear Jim:
I am in receipt of "LILCO's First Request to Suffolk County for Production of Emergency Planning Documents" dated June 2, 1982.
It appears from my review of that request that the vast majority of items sought pertain to Suffolk County's emergency response planning efforts and related matters, rather than_LILCO's own actions in the event of an emergency.
In this respect, LILCO's discovery request far exceeds the scope of the emergency planning issues which the Board has indicated are presently subject to litigation.
At the pre-hearing conference of April 14, 1932, the Board specifically-outlined the area of emergency planning "on which we can proceed to litigation."
That area was defined as "the licensee's actions under 10.5 emergency plan whether those actions be onsi te or of f site.... "
Tr. 360.
In its Order of April 20, 1982, the Board reiterated that emergency planning contentions "based on LILCo's emergency plan must ', e received by June 22, 1982."
Order at 7.
In light of the Board's explicit statements, it would appear that LILCO's discovery request seeks documents not relevant to the present scope of permissible emergency planning issues.
For instance, documents pertaining to suf folk County's radiological emergency planning docuinents as of March it), 1982 (Requests 1, 6-12),
the County's plans for emergencies not related to nuclear power (Requests 13-19), the County's plans for emergencies at 3rookhaven National Laboratory (Requests 20-25), and the County's plans for emergencies involving the Millstone Point Nuclear Power Station (Request 26-31) do not fall within the i
-:..u t 3
(
b' KrxxrArmcx, LocxitAxT, S tr.L. CantsToraza & Pluttrrs James Christman, Esq.
June 15, 1982 Page Two scope of relevant iss_ s provided by the Board.
In addition, the requests (32-39) seeking discovery of documents pertaining to Suffolk County's Radiological Emergency Response Plan are far beyond those that are permissible in light of the Board's guidance.
I am indicating these concerns to you at this time in the interest of avoiding numerous formal objections to the breadth of your request at a later date.
Suffolk County is prepared to respond to any reasonable discovery request regarding the issues on which discovery is presently open.
Please notify me promptly should you desire to amend your discovery request in accordance with the Board's guidance.
Yours truly,
'l' j<
Christopher M.
McMurray t
6
y
...,_.e ATTACEME.VI 3 HUN r o x Se WILLI A}i S
'o7 E sv v4m stacci P o. sex isas w.
Rzcxxorm, VrmorvrA 2 0 212
,,,,og,,,,g,,,,,,,,,,g%g,,,,
......, u 2.
- *.. a 4.
......,,,,...,,u,
=,s
...., c w.
e,...
7,,,,,,,,,
..e m. u,i m e,v.
..... o a s...a...
June 17, 1982
...w........
...ce,...s.......... 8368 u..eao.
Christopher M. McMurray, Esq.
Kirkpatrick, Lockhart, Hill, Christopher & Phillips
.900 M Street, N.W.
Washington, D.C.
20036
Dear Chris:
Thanks for your letter of June 15, 1982, which I received yesterday by the telecopier.
As I understand it, you are going to refuse to answer at least 35 of our 41 document requests dated June 2, and maybe more.
Although you might have mentioned this to =e over the last ten or so days, I do appreciate your not waiting until any later to spring the news.
I gather your position is that the AS' 3, in its 5 2.752 has somehow ordered the parties not prehearing conference order, to conduct discovery on those parts of the emergency planning issue other than emergency planning functions that are the responsibility of LILCO, rather than, for example, the County.
I must say I can't find anything in the Board's order that says such a thing.
What the Board did was to cut off document production requests relating to LILCO's plan as of June 22; try as I might, I cannot conceive of any way that can be converted into a sort of protective order shielding your client from
?
te.
Nor do discovery on other parts of the emergency planning would have that I know of anyuhing in the NRC regulations that effect.
I might add that I find it hard to understand your client's motive for refusing to produce documents.
Whatever the Board meant, it is inconceivable that it would object to your previding us with the documents we requested.
And since we will repeat the same requests in the future, if they are no: satisfied new, you I can, in short, will have to produce in due course anyway.
think of no good reason why your client would refuse to produce.
in *he allotted time, If you find the request burdensome to meetand try to find a solution to the we can of course discuss it problem; but you haven't indicated that you can' t produce, only that you won't.
I might add that your client's position is particularly strange in light of the large number of documents that we
, _ ~ - _ ~ - _ - _. - - _.. - _ - _. - -
.. s., a. e. -
1 H t:xTo x & WILLI Ax s Christopher M. McMurray, Esq.
June 17, 1982 Page 2 provided for you on Monday, at no small sacrifice in time and effort by LILCO people.
Your client's somewhat grudging response to our document production request, which was far less burdensome than your request to us, hardly seems to be in the same spirit, and certainly not within either the spirit or the letter of the NRC regulations.
In short, I guess I would have to say that I find your position both unfounded and hard to understand.
I believe you should produce the docunents we've requested in the interest of avoiding delay later on.
c'ncerely, i
.a r
mes N.
Christman
~
126/740 e
t-N u7
- u-N e
=-N---'wM 4n
-*e7-8TW-
--"""-"T w
N**
e'aw---u---
'v m
-P
I f
ATTACHMENT C
{
- ~
l EIRXPATRICX, LOCXHART, HrI z.. CHRISTOPHER & PHII.I,Ips A Paarrwassene !=ausano A poors sonab Componation 19oo M Srazzr, S. W.
l WAsntxoTow. D. C. 20o06
"'*"*a*=
mamwa <
June 22, 1932 mmma.was.ar...
.,mai..
e um:==
- os m.eu max
==n FrTTESCacaL FtswevLvola asse
-v1UTR2s DfBWW DIAL NUarB&B (deel Saeeesce James N. Christman Hunten & Williams 717 East Main Street P.O. Box 1535 Richmond, VA 23212
Dear Jim:
I am in receipt of your letter of June 17, 1982. It appears that we have a fundamental difference of opinion concerning the permissible scope of discovery on the emer-gency planning issues in this proceeding.
As I stated in my letter, and in subs equent telephone conversations with you and Kathy McClesky, it is Suffolk County's position that the only emergency planning issues and there-that have been defined by the Board for litigation, fore the only issues on which there may be discovery, are those pertaining to LILCO's actions, both onsite and offsite.
It seems to be your position that discovery may be had on issues related to the County's emergency planning efforts, which issues are as yet undefined and for which the relevant scope of disecvery cannot yet be determined.
We do not agree, statements in particularly in light of the Board's explicit the record and the fact that there will be no County plan in existence until later this year.
Despite your suggestion to the contrary, our client has no motive for refusing to produce documents pertaining to the County's emergency planning efforts other than to adhere to litigation of the issues that the Board has indicated are Furthermore, while we of presently open to consideration.
course are cognizant of your efforts in ecmplying with Suffolk you will note that County's first document discovery request, f ell well within the permissible scope of disecvery.
that request Therefore, your compliance with that request was mandatory, not 4
magnanimous.
1
-~
---.,m-.-__
_,,__.=_c
c
^ Jam 3G N. Christma..
June 22, 1982 Page Two Despite our continuing belief that your request exceeds the permissible scope of discovery, we are open to further discussion of this matter with you, particu-larly in light of the statement in your June 17 letter that our position is "unfoundel. "'
I would appreciate learning the basis for your conclusion and encourage you to contact me on this point.
We are prepared to recon-sider your request if there is something new brought to our attention.
Yours truly, Christopher M.
McMurray e
CMM: s 4
4 4
9
,,,, ~,
S
-r
,-------n-,,,.
--,---..-,,--ev,-,e,
,,y-,---.
--s-
F Attachment I
9
.,C % Eu'7to,b o
s
&q J
COUNTY C.: SUNOLK p
EW 435CC50 wenn v.ccmn surret.x cct.vy catet rve emer orTua count r exscu Tvc ruun n,;.
C, oce couem occums TO:
ALL DDARTMEIT EIADS y?.0"
- waes Deputy County Etecutive DATE:
July 21 1982 P.I:
' Documents ?.egarding Emergency plunisg As you are aware, the County is a party in proceedings before the NRC Atomic Safety and Licensing Board concerning whether the Long Islud Lighting Co=;2sy should be grasted as cperating license for the Sheraha: Nuclear power Station.
On July 20, 1982, the Board ruled th2.: the County is obligated to produce for LILCO's inspection a. wide range of docu=ents regarding the County's plans for dealing with e):ergencies, both nuclear and non-nuclear.
The docu=ents which the County must produce a.re as specified is two separate requests for doc =ents (z:: ached) which LILCO had previously sub=f.tted to the Cou= /.
In light of the Board's ruling, I reques that your deps.rt=ent i==ediately ce==ence a. search of its files in order to deter =ine whether it is in possession of a=y of the '
items listed is the a,ttached doc.=:ent requests.
To the extent that your depart =ent does possess such emergency planni.sg docu=ents, they =ust be copied and sub=1 ted to my office promptly.
As I understud the request, anv e=errency nrecedure vou =tv tessess of uy nature, should be provided to LILCO.
The Sea.rd has ordered that all doc =ents in the County 's possession pertinent to LILCO's docu=ent requests be provided by l!onday, July 26, 1282.
prc=pt a.ttention en the pa.rt of your depart =ent is necessary in order to =eet that order.
Therefore I require that within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of receipt of this =e=orud =, you infor= me na bgg og scas CIECW?rvt OM'
. Susukaus y
s
.yage2 July 22, 1982 405Cc50 Docu=ents Regarding 7.mergency pla:s1=g of the volume of Pertinent ma.terials is Tour depa.rtment 's possession and as estimate of when those =aterials can be copied and submitted to me.
Is addition, please describe
.briefly how you:r emergency pla.ssing docu=ents are filed (e.g. are they. is one file or distributed among many files. )
Please sote that it is not necessary to wait until all documents meeting these requ'ests are copied before forward 1=g them to this office.
If certais categories of documents a.re more readily accessible or non-voluminous, then those materials should be submitted as soon as possible.
Your prompt a,ttention to this matter is appreciated.
't j
/
,)-
M l%?
h.
2,
~
- w 4
i.
O g
og '
- J
- s*
t
i 1
1 4
i Attachment J l
t l
l i
I l
'1 '
4 4
H u x rox & WILLI A>IS 707 Cast MA.N sTHCCT R Q,@QX 4636 Ricnxoxn, VinointA 20212
..... c ~ ~
6v. ~..v e ~ w c. ~ :.,
e o aos seaso
..f.,%. a e o a Ttt t omoN c 804 7ea e2OO a c a."a a s.'.'e s' o -
July 21, 1983 24566.00000
. ns.
8554
...cc,..6
...o.
-.n E. Birkenheier, Esq.
_ : patrick, Lockhart, Hill,
- hristopher & Phillips
~) M Street, N.W.
s
- snington, D.C.
20036-Informal Discovery Requests of July 21, 1983
- Jchn:
Enclosed are some informal discovery requests.
We
- ld appreciate receiving your responses at your earliest
~venience.
I invite you to telephone me right away if
. ere are any problems with this request.
Sincerely, 4
f ssine A.
Monaghan
'563 21csure Stephen B.
Latham, Esq.
l James B.
Dougherty, Esq.
David A.
Repka, Esq.
[
Ralph Shapiro, Esq.
Edward M.
Barrett, Esq.
Ira L.
Freilicher, Esq.
t sir. John A. Weismantle ir. Brian R. McCaffrey 7
t Mr.
J.
P.
Carney i
Mr. Charles A.
Daverio Mr. Anthony M.
Callendrello W.
Taylor Reveley, III, Esq.
t James N.
Christman, Esq.
Kathy E.
B.
McCleskey, Esq.
Ms. Sharon Separ Ms. Wendy Haynes
r Informal Discovery Requests of July 21, 1983 For the purposes of set of requests, "document" shall mean and include reports, summaries, notes, surveys, analyses, studies, tests, memoranda, correspondence, letters, telegrams, telexes, cables and writings of every description including but not limited to, drawings, graphs, charts, photographs, films, videotapes, magnetic tapes, computer tapes and printouts, and other data from which information can be obtained and translated, including tab runs and survey questionnaires.
As used herein, the singular of any word or phrase includes the plural and the plural includes the singular.
Documents produced in response to this request shall be organized and labeled to correspond with this set of requests.
If any documents covered by this request are withheld under a claim of privilege, furnish a list specifying each document for which privilege is claimed, together with the following information as to each such document:
the author (s):
the name and job title of each recipient and person to whom the document or a copy thereof was furnished; the date; the subject matter of the documenti the basis on which the privilege is claimed; and the paragraph of this requesc to which each such document is responsive.
1.
Any correspondence from (or to) Andrew Kanen to (or from) members of the Suffolk County Emergency Plan Steering Committee or other County officials, employees, or counsel that relate to emergency planning including, but not limited to, any
i
' i documents that discuss the relative strengths or weakness of the roads of Long Island (or Suffolk County or any part of Suffolk County) as compared to roadways in other parts-of the country or the world.
2.
Any documents regarding the size of the plume pathway emergency planning zone, including, but not limited to, documents, addressing or discussing how large the EPZ should be and how the decision to make it a certain size was made.
3.
Any documents addressing the question of whether County personnel or other people who might be needed to perform emergency functions will perform their duties in an emergency, or whether for some reason (for example, role conflict or fear for their own safety), they will fail to perform their duties or delay in performing them, 4.
Any documents addressing the likely reactions of the public to information about a nuclear accident at the Shoreham plant or addressing the reactions of people in general to nuclear accidents including, but not limited to, documents discussing whether members of the public will or will not follow instructions from governments or utilities.
5.
All testimony on emergency planning given by any Suffolk County's consultants, officials, employees or representatives in any proceeding, be it administrative, legislative or jurisdictional.
The term proceeding in this request shall include all proceedings before Governor Cuomo's Shoreham Commission.
.. _ _ _ _ 6.
All documents, articles, papers or other publications pertaining to emergency planning, authored or co-authored by any of Suffolk County's consultants, officials, employees, or representatives.
7.
All documents analyzing, studying or otherwise pertaining to procedures that might be used to notify those within the EPZ who are deaf or hard of hearing.
8.
All documents analyzing, studying or otherwise pertaining to the traffic or radiological conditions that might exist during a radiological emergency.
9.
All documents analyzing, studying or otherwise pertaining to the various protective actions available for the plume exposure pathway EPZ during emergency conditions, and the bases for choosing one of those actions.
10.
All documents analyzing, studying or otherwise pertaining to evacuation time estimate studies for Long Island.
11.
All documents analyzing, studying or otherwise pertaining to analyses, studies or surveys regarding the voluntary evacuation, shadow effect or other actions by people outside the EPZ.
12.
All documents identifying, analyzing, studying or otherwise pertaining to the possibility that LILCO and non-LILCO personnel expected to report to the site for emergency duty would fail to report (or to report in a timely manner) because of conflicting family or other duties that would arise in the event of a radiological emergency.
. 13.
All documents analyzing, studying or otherwise pertaining to public education programs to inform the population potentially effected by a radiological emergency of the initial and subsequent actions to be taken in the event of a radiological emergency.
14.
All documents regarding the particular social and psychological profile of Suffolk County's residents and the probable response of particular groups, such as the economically disadvantaged to various educational programs.
15.
All documents analyzing, studying or otherwise pertaining to a PRA consequence analysis applicable to Shoreham.
16.
All documents detailing, analyzing, studying or otherwise pertaining to the best methods for prompt notification of any boats within the EP.
17.
All documents pertaining to or analyzing the relative merits of various means of providing public information to ensure preparedness to respond to a radiological emergency.
13.
All documents analyzing, studying or otherwise pertaining to the most effective method to inform the transient or permanent population or both within Suffolk County of the protective actions needed to be taken in the event of a radiological emergency ac Shoreham.
19.
All documents studying, analyting, or otherwise pertaining to possible obstacles, such as impassible roadways due to evacuation or adverse environmental conditions, that
~
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ might prevent field monitoring teams from reaching the offsite monitors.
20.
All documents pertaining to consequence adalysis studies that reflect the potential consequances of a serious radiological emergency at Shoreham.
21.
All documents pertaining to the County's organization for coping with emergencies that do not involve nuclear power.
22.
All documents pertaining to the County's procedures for coping with emergencies that do not involve nuclear power.
23.
All documents analyzing, studying, critiquing, or pertaining to the County's plan or plans for dealing with emergencies that do not involve nuclear power.
24.
All documents celied upon in preparing the County's plan or plans for dealing with emergencies that do not involve nuclear power.
25.
All documents indicating the division of responsibility for preparing the County's plan or plans for dealing with emergencies that do not involve nuclear power, the schedule by which the plan or plans were to be completed, and the persons, if any, who received the plan or plans 26.
All documents pertaining to the County's organization and procedures for coping with emergencies involving the Brookhaven National Laboratory.
27.
All documents analyzing, studying, critiquing, or pertaining to the County's plan for dealing with emergencies that involve the Brookhaven National Laboratory.
28.
All documents indicating the division of responsibility for preparing the County's plan for dealing with emergencies that involve the Brookhaven National Laboratory, the schedule by which the plan was to be completed, and the persons, if any, who reviewed the plan.
29.
All other documents pertaining to emergency planning for emergencies involving the Brookhaven National Laboratory.
30.
All documents pertaining to the County's organization and procedures for coping with emergencies involving the Millstone Point Nuclear Power Station.
31.
All documents analyzing, studying, critiquing, or pertaining to the County's plan for dealing with emergencies involving the Millstone Point Nuclear Power Plant.
32.
All documents indicating the division of responsibility for preparing the County's plan for dealing with emergencies involving the Millstone Point Nuclear Power Station, the schedule by which the plan was to be completed, and the persons, if any, who reviewed the plan.
33.
All documents reflecting any meetings or contactc involving Suffolk County's officers, personnel, contractors, subcontractors, consultants or other representatives and pertaining to emergency planning.
1
Attachment K i
l i
i l
l
\\
l l
l l
JNM 1
E-A:rura,1-i=T, HILL, Chicrsam 8 P=tm i
a> - % 4p 19oo M STREET, N. W.
YuszroTw. D. C, soone
= m,- c=ma N M ) #4*8944 sme =ma,- me==. was s= mar :
August 22, 1983
win==
j seam a========rs o i
==en rsrwnnsa a
sen samen saw.r==ama m-(202) 452-7097 Jessine A. Monaghan, Eng.
Hunton & Williams 7u? East Main Street Richxnd, Virginis 23212 Cear Jessine i on Friday we sent you copies of decurants responsive to L!I.co's inform 1 discovery requests of July 21, 1993, by Federal Express, for Saturday delivery.
The documents were readied before the accc=panying written responses were finalized.
The written responses are being sent by c mputer today, and a hard copy will be sant by mail.
If you have any questions, pinase contact me.
Sincerely, John E. Birkenhelor ec w/o encis.:
Jam s B. Dougherty, Esq.
Stewart M. Glas s, Esq.
Stephen B.
La tham, Esq.
David A, Popka, Esq.
Ralph Shapiro, Esq.
SUFFOLK COUNTY'S -
TO LILCO' S INFOR:._
REQUESTS OF JUL'.
The following responses and the 2:
- rovided to LILCO's Requests 1-33 pursuan
.f 10 CFR Section 2.740.
LILCO Request 1:
Any correspondence from (or to) An.
- 7) mem-bers of the Suffolk County Emergen -
^ : tee or other County officials, employees,
- s to emergency planning including, but -
- uments that discuss the relative strength:
- ads of Long Island (or Suffolk County or
- unty) as compared to roadways in other p.
the t
world.
Response
There are no such documents other LILCO during Phase I discovery in resper
- f LILCO's First Request To Suffolk ;_
- f Emer-gency Planning Documents.
LILCO Request 2:
Any documents regarding the size :
argency planning zone, including, but nc:
2d-dressing or discussing how large -
.:w the decision to make it a certain sina 9
m
LILCO Requests 21-32:
Objection.
In Requests 21-32, LILCO seeks all documents per-taining to the County's organization, procedures, plans and supporting documents for emergencies that do not involve nucle-ar power, for emergencies involving the Brookhaven National Laboratory, and for emergencies involving the Millstone Point Nuclear Power Station.
Such matters are not relevant to this proceeding, and the information sought is not reasonably calcu-lated to lead to the discovery of admissible evidence.
See also, County's Response to Request 102 of LILCO's June 29, 1983 infornal discovery requests.
In addition, however, and without waiving its objection, the County notes that information re-sponsive to these requests was provided to LILCO during Phase I discovery, and one additional document, which may be responsive to these requests, is provided.
LILCO Request 33:
All documents reflecting any meetings or contacts involving suffolk County's officers, personnel, contractors, subcontrac-tors, consultants or other representatives and pertaining to emergency planning.
i
Response
This request is objectionable on a number of bases.
First, it l
is grossly overbroad.
It would be similar to a request by the County to LILCO for all documents pertaining to emergency plan-ning.
Such unfocused discovery requests are not proper. !
l l
Attachment L i
I l
~ - - -. -., _ _
s%
i H u xrox & WILLIA > s i
707 Cast MAIN sfacet R o Box 1535 Rtenwown. VtmotxtA 20212
........,s,............
e o e,switoi.e
=- o.o.
...o a o com,o.
- . a.o,o =. o c.. c o.
j case,sa..o.,n c n ou..,,.o.
Tc6cenonc eo4. /ss saco
,o.........o
..o.........
.o............
ria.o24566.3
..,c......
.....o.........
August 8, 1983 o...e,o,.,,o.o.....
8552
......o, BY FEDERAL EXPRESS John E. Birkenheier, Esq.
Kirkpatrick, Lockhart, Hill, Christopher & Phillips 1900 M Street, N.N.
Washington, D. C.
20036 Informal Discovery Reauest of August 8. 1983
Dear John:
Enclosed are LILCO's Informal Discovery Request of August 8, 1983.
We would appreciate receiving responses to these at your earliest convenience.
Please do not hesitate to call if you have questions about these or any other discovery-related matters.
Sincerely, g*s o Je, sine A. Monaghan 283/735 Enclosures cc:
Stephen B. Latham, Esq.
James A. Dougherty, Esq.
David A. Repka, Esq.
Ralph Shapiro, Esq, bc:
Edward M.
Barrett, Esq.
Ira L. Freilicher, Esq.
Mr. John A. Weismantle Mr. Brian R. McCaffrey/NOSD Mr. Charles A.
Daverio l
_,d Mr.
J.
P.
Carney i
Mr. Anthony M.
Callendrello W.
Taylor Reveley, III, Esq.
(
Donald P.
Irwin, Esq.
l Jamec N. Christman, Esq.
Kathy E.
B. McCleskey, Esq.
Ms. Sharon Separ Ms. Wendy Haynes i
-a-
---,,-,--.-.--,---_-----c.
-,+-,-c
INFORMAL DISCOVERY REQUESTS OF AUGUST 8, 1983 For the purpose of this set of requests, "-document" shall mean and include reports, summaries, notes, surveys, analyses, reports, bocks, articles, statements, studies, tests, memoranda, minutes, notes, correspondence, letters, telegrams, telexes, cables and writings of every description including but not limited to, drawings, graphs, charts, photographs, films, videotapes, magnetic tapes, computer tapes and printouts, and other data from which information can be obtained and translated, including tab runs and survey questionnaires.
As used herein, the singular of any word or phrase includes the plural and the plural includes the singular.
Documents produced in response to this request shall be organized and labelled to correspond with this set of requests.
If any documents covered by this request are withheld under a claim of privilege, furnish a list specifying each document for which privilege is claimed, together with the following information as to each such document:
the author (s) the name and job title of each recipient and person to whom the document or a copy thereof was furnishedi the dates the subject matter of the documenti the basis on which the privilege is claimed and the paragraph of this request to which each such document is responsive.
1 State the basis and list all documents on which you rely to support the proposition that the public perceives
_4.
7.
Do you contend in Contention 78 that the LILCO plan fails to comply with regulations because it does not provide for a single, separate department or section wi* thin the LERO organization which will be responsible for making or implementing protective action recommendations or decisions with respect to the ingestion exposure pathway EPZ?
8.
Do you contend in Contenr. ion 78 that the LILCO plan fails to comply with regulations because there is overlap of responsibilities among the persons identified as responsible for making or implementing protective action recommendations or decisions with respect to the ingestion exposure pathway of the EPZ?
9.
Does Suffolk County, alone or in conjunction with New York State, have any plans or procedures in place, or under development, to provide protective actions in the event of a radiological emergency for those portions of the County falling within the 50-mile ingestion exposure pathway of any nuclear facility, for example, Brookhaven National Laboratory, Millstone or Indian Point.
If such plans or procedures do exist, please provide copies of such documents and all related materials.
If no such plans exist, please explain why Suffolk County does not consider such plans to be necessary.
10.
Does the County maintain maps cr other documents showing key land use data, watersheds, water supply intakes and treatment plans and reservoirs?
If such maps or documents are available, please provide copies.
Does Suffolk County, alone or in conjunction with 11.
Nassau County or New York State, have plans, procedures or other documents, in place or under development, to be used in restricting the transportation of agricultural products in or out of Suffolk County?
If such plans, procedures or other please provide copies of the documents and documents exist, other supporting documents and materials.
Does Suffolk County, alone or in conjunction with New 12.
York State, have plans, procedures or other documents, in place or under development, to protect the public health and safety from contaminated seafcod?
If such plans, procedures, or other please produce copics of such documents and documents exist, supporting documents and materials.
Does Suffolk County, alone or in conjunction with New 13.
York State, have plans, procedures or other documents, in place or under development, to protect the public health and safety from contaminated ducks?
If such plans, procedures or please provide copies of such documents and documents exist, supporting documents or materials.
Is it your position that human behavior in Suffolk
'14.
County is likely to differ markedly from human behavior If so, state elsewhere if a radiological emergency occurs?
all documents on which each basis for your position and list If you rely on you rely in support of that position.
l documents, please provide copies.
If you propose to present evidence other than documents in support of the above stated I
tidewaters, chemical spill, and other nature or manmade disasters.
45.
Describe the training given to members of the Suffolk County Police Department in ccnnection with their responsibilities generally and their responsibilities in an emergency.
Provide copies of any training materials, tests or other pertinent documents relating to the training to the Suffolk County Police Department.
Provide a list of the training and experience of the average Suffolk County policeman.
46.
Describe the indemnification provided to Suffolk County policemen.
47.
Describe the ability of the Suffolk County Police Department to respond in an emergency.
Please provide copies of all documents which pertain to the ability of the Suffolk County Police Department to respond to an emergency.
48.
Provide copies of all correspondence, information or documents given to local response organizations including but not limited to, fire departments, ambulance services, bus drivers, schools, rest homes, nursery schools, the American Red Cross, and hospitals referring to or discussing the L1LCO transition plan or emergency planning for Shoreham.
49.
List any meetings that have taken place since February 1, 1982, between Suffolk County, its officers, its employees, or its agents or its representatives, and officers, employees, agents, or representatives of these organizations for the purpose of discussing the LILCO transition plan,
Attacilment M
f,,.
- /
KIRKPATRICK, LOCKHART, HrLL, CHRISTOPHER & PHILLIPS A PAsvussemir Incseawo A Poorseemosus Comeca4 nom 1900 M Srnmar, N. W.
WASHINGTON, D. C. 20o0e tatstnogra (aoe) 4es *W at MTToet w CABLE: NIFR5 gIEEP&2BM3,terTEA*1.JogNe05 6 ETTCEISON TELEE 440e06 NTPM C1 ggoo ogJvag gggg3g,o WRITBS e DERBCf DIAL 3rtuman FTTfteCBOE.FW1rysTtvaast n6ase
(*o * ***
(202)452-7097 August 31, 1983 Jessine A. Monaghan, Esq.
Hunton & Williams 707 East Main Street Richmond, Virginia 23212
Dear Jessine:
Please find enclosed the County's responses to certain of LILCO's informal discovery requests of August 8,
- 1983, documents responsive to certain of those requests, and addi-tional documents responsive to LILCO Requests 105 and 106 of June 29, 1983.
Please let me know if you have any questions.
Sincerely, b
John E.
Birkenheier JEB/bg Encl.
cc w/o enc.: James B. Dougherty, Esq.
Stewart M. Glass, Esq.
Stephen B.
Latham, Esq.
David A.
Repka, Esq.
Ralph Shapiro, Esq.
l Responses to LILCO Requests of August 8, 1983 LILCO Request 4:
1 List and provide copies of all documents, statutes, ordinances, rules, or regulations pertaining to Suffolk County's provisions for emergency snow removal.
Response
The County objects to this request on the basis that it is overbroad and seeks information that is not relevant or designed to lead to the discovery of admissible evidence in this proceeding.
Without waiving its objection, the County states that with respect to snow removal during a radiological emergency, the County has no such documents.
LILCO Request 5:
List and provide copies of all documents analyzing, studying or otherwise pertaining to the impassability of roads and/or highways on Long Island or suffolk County due to heavy snow-fall, hurricanes or other meteorological occurrences.
Response
The County objects to this request, because it is overbread and L
seeks information which is not relevant and which is not reasonably calculated Le lead to the discovery of admissible l
l
4 I
as the Request seeks information concerning protective actions for the Shoreham ingestion pathway EP2, no such documents exist.
LILCO Pequest 11:
Does Suffolk County, alone or in conjunction with Nassau County
{
or New York State, have plans, procedures or other documents, in place or under development, to be used in restricting the transportation of agricultural products in or out of Suffolk County?
If such plans, procedures or other documents exist, please provide copies of the documents and other supporting documents and materials.
Response
The County objects to this request on the basis that it is overbroad, and seeks information that is not relevant and is not calculated to lead to the discovery of admissible evidence.
LILCO Request 12:
Does Suffolk County, alone or in conjunction with New York State, have plans, procedures or other documents, in place or under development, to protect the public health and safety from contaminated seafood?
If such plans, procedures, or other,
documents exist, please produce copies of such documents and supporting documents and materials.
Response
See response to Request 11.
LILCO Request 13:
Does Suffolk Ccunty, alone or in conjunction with New York State, have plans, procedures or other documents, in place or under development, to protect the public health and safety from contaminated ducks?
If such plans, procedures or documents exist, please provide copies of such documents and supporting documents or materials.
Response
See response to Request 11.
LILCO Request 14:
Is it your position that human behavior in Suffolk County is likely to differ markedly from human behavior elsewhere it a radiological emergency occurs?
If so, state each basis for your position and list all documents on which you rely in support of that position.
If you rely on documents, please
-6_
Response
The County objects to this request on the grounds that it seeks information that is not relevant and not reasonably calculated to lead to the discovery of admissible evidence.
Without waiving its objection the County refers LILCO to N.Y. Gen. Mun.
Law $50-j (McKinney).
LILCO Request 47:
Describe the ability of the Suffolk County Police Department to respond in an emergency.
Please provide copies of all documents which pertain to the ability of the Suffolk County Police Department to respond to an emergency.
Response
The County objects to this request, because it is overbroad, vague and seeks information that is not relevant and is not designed to leed to the discovery of admissible evidence.
LILCO 9equest 48:
Provide copies of all correspondence, information, or documents given to local response organizations including but not limited to, fire departments, ambulance services, bus drivers, schools, r,
4
I t-Attachment N 1
I L
i l
l l
e i
f I
i r
f
,e,-.
,w,_.
n,,,
,__.--,e_-,,.
-,c.-,-
HU NT O N & WILLI AM S 707 EAST MAIN STREET R o. Box 1535 R cuwonn, VIROINIA 23212 isi, pg,,,e sV4VaNIA av a idW E, e.. W, 0 e 6 ? SuikoiNo n.o.somisaso a o. c4 too Waswinoton, o. c. aoose matrisu, montu cano6smA arco TE LE PM c N C 804-788 8200 aca asa seso cis Ca2 esti 24566.000003 risat vsmoinia s NR TOWER rits o.
a 0. can...
N%F$bK, ViRolNIA a3514 September 23, 1983 oi ace oias ao..o. r. 8 7 01 e w cas sso' James A.
Laurenson, Mr. Frederick J.
Shon Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East-West Tower, Rm. 430 East-West Tower, Room 402A 4350 East-West Hwy.
East-West Hwy.
Bethesda, MD 20814 Bethesda, MD 20814 Dr. Jerry R.
Kline Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission East-West Tower, Room 427 East-West Hwy.
Bethesda, MD 20814
Dear Administrative Judges:
So that no one will be taken by surpt,se, I am writing to inf orm you that on Monday, September 26, LILCO will file a motion to compel Suffolk County to provide more complete re-sponses to certain of LILCO's discovery requests.
We had planned to file the motion this week so that it might be taken up along with other discovery matters at the conference on Monday, but were unable to do so.
The motion will be hand-delivered to the Board and the parties on Monday morning prior to the conference.
We recognize that the Board may not want to take it up at the conference due to the timing of the filing, but we will be prepared to discuss the motion at the conference j
if the Board wishes.
l 1
f Yours very truly, Afb 301/269 athy E.
B.
McCleskey cc:
All Parties
(
Attachment O I
)
l
KIREPATRICK, LOCKHART, HILL, CHRISTOPHER Sc PHILLIPs A PAmrsammaxy twcLeosmo A PeormassonAL CommmaArson 1900 M STREET, N. W.
WAsurnoTox, D. C. 20006 EN FETTSSUEGE 8
TELEMIONE (tos) 488 7000 EIEEPATRACE,IAGRAST, DOE 3905 4 ET1CRJ80N CARLE: MIFE1 seco CRJYES SCILDtp0 TELB1 eeoe00 NIFE C1 FTTTSBCEOM, FETNSTLTARIA 18888 WRITRE's DERECT DIAL NUMBEM (468) 968*0600 (202) 452-7064 September 27, 1983 BY HAND DELIVERY Donald P.
Irwin, Esquire Hunton & Williams P.O. Box 1535 707 East Main Street Richmond, Virginia 23212
Dear Don:
Enclosed are some documents which are responsive to some of LILCO's Phase. I discovery requests, and possibly to some of your Phase II requests.
We discovered thabe in our most recent re-search of the County's files and apologize for the lateness in getting them to you.
As you know, it is our position that the decision-making process involved in the County's emergency planning activities and information concerning non-nuclee.1 emergencias are irrelevant to the currently pending proceeding.
no indication of Our providing these documents to you now 12 any change in that position, or any waiver of objections stated in our responses to discovery requesta.
Since they are respon-sive to specific requests from Phase I which were uphe".d by the Brenner Board, however, I felt obligated to produce t'cem even though we just learned of their existence.
For your information, we have withheld three pages -of three documents which contain lists of equipment, by type and amounts, owned by the Suffolk We have also excised portions of one County Police Department.
document that contains the home addresses and telephone numbers of certain Police Department officials.
Finally, we did not produce a 181-page 1959 "Nassau Target" Civil Defense Survival Plan (for nuclear attack), arascricted copy of a 1974 Emergency Directory (containing residential addresses and phone numbers of Suffolk County officials) or the enclosures to three letters which contain addresses and phone numbers of bus drivers and firemen.
Sincerel Kar a Letsche Enclosures
l i
l Attachment P l
_______-_-_______j
~
l I
KIREPATRICK, LOCKHART, HILL, CHRISTOPHER Sc PHILLIPS
}
A Pastusseerr tacLeotre A Pearsastosut ConicutArsow 1900 M Srmmar, N. W.
I WAsurwoTox, D. C. 20006 tz FrTTestsom TurJarssoNa (moa) ase.rooo t Ermararaus inrmat,dospoos 6 sTTes2 son e m xxriu 1400 andVSE BC11&ING TELEX 4eoe00 NTFE CI FTTTSBCaON, PENWSTLYLT1A IStas warTam's IntancT DIAL NUMBRE
" ' ~
(202) 452-7064 October 6, 1983 BY FEDERAL EXPRESS Donald P.
Irwin, Esquire Hunton r. Williams P.O. Box 1535 707 East Main Street Richmond, Virginia 23212
Dear Don:
Enclosed are a few more documents which are responsive to some of LILCO's Phase I discovery requests and possibly to some of your Phase II requests.
These should have been in-cluded with the batch of documents I sent you on September 27, they slipped through the cracks.
They are subject to the but caveats concerning the County's position on their relevance that are stated in my September 27 letter to you.
Again, I
/
apologize for the delay in getting these to you.
Sincer y,
t Ka a
. Letsche KJL:so Enclosures t
I l
- _ _ - - _ _ _ _ _ _ - - _ _ _ _ _ _ _ _ _ _