ML20206T222
| ML20206T222 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/18/1987 |
| From: | Leugers M HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#287-3190 OL-3, NUDOCS 8704230138 | |
| Download: ML20206T222 (18) | |
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}[k LILCO, April 18, 1987 DOCHETED USMC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'87 APR 21 Pl2:10 Before the Atomic Safety and Licensinst Board Off!2 C'~ E W'
('MIy'Q);-
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
LILCO's MOTION TO STRIKE DIRECT TESTIMONY OF FEMA WITNESSES BALDWIN, HUSAR, AND KELLER REGARDING THE SUITABILITY OF RECEPTION CENTERS Pursuant to 10 C.F.R. 5 2.743(c), the Long Island Lighting Company ("LILCO")
moves to strike certain portions of the " Direct Testimony of Thomas E. Baldwin, Ihor W. Husar, [and] Joseph H. Keller" (hereinaf ter " FEMA's testimony") on the ground that it is beyond the scope of this proceeding and therefore irrelevant to the issues being lit-igated. Specifically, LILCO moves to strike the following portions of FEMA's testimo-ny.
Twice in their written testimony the FEMA witnesses testified on the RAC re-view of Revision 8 of the LILCO Plan concerning the availability of special reception centers for evacuees from special facilities. FEMA's testimony at 6 states:
The RAC review of Revision 8 also states, under element J.12, that there are no reception centers specified for many of the evacuees frcm special facilities (special population re-ception centers)..'iee OPIP 3.6.5 pages 22-27.
Later, the FEMA witnesses testify at 17 that:
It should also be noted that the RAC review of Revision 8 of the LILCO plan, identified an additional basis for the inade-quate finding f ar NUREG 0654 element J.12. The plan did not designate reception centers for many of the special facility populations and therefore the RAC could not verify the ade-quacy of the 25 monitors assigned to monitor evacuees from these facilities.
The gist of this testimony is that the LILCO Plan has not designated any h#3f3 870423013e 870418 PDR ADOCK 05000322 G
a,
reception centers for some evacuees f rom special f acilities (Le., health care f acilities, such as hospitals, nursing / adult homes, and handicapped centersk to be monitored and decontaminated. Thus the RAC was unable to evaluate reception centers for that pop-ulation of evacuees.
However, under LILCO's February 20,1987 proposed draf t procedures, no evacuees from special f acilities would go to the reception centers for the general pub-lic at Hicksville, Bellmore, or Roslyn (which are the subject matter of this proceeding).
Thus, reception center procedures for these particular evacuees are not within the scope of this proceeding as defined by the Licensing Board's Memorandum and Order of December 11,1986, or as found in the Appeal Board's remand of the Coliseum matter in ALAB-832,23 NRC 135 (1986).
That reception centers for special f acility populations are outside the scope of this proceeding seems to be the common understanding of LILCO, the State, and the County, No witnesses except FEM A's have submitted testimony on special population reception centers. As a matter of fact, one of Suffolk Counties' witnesses, Dr. Martin Mayer, who is providing testimony in the -05 proceeding as well, has made this distine-tion between the two proceedings. See Attachment 1 to this motion. Likewise, in the deposition of State witnesses Baranski, Papile, and Czech, counsel for New York State and Suffolk County objected to questions about reception centers (for nuclear plants other than Shor ham) for evacuees of nursing / adult homes and hospitals. See 1/
The special f acilities addressed in the LILCO Plan are the three types of f acili-ties listed here. "Special populations" is a broader term which includes school children, ambulatory homebound, and non-ambulatory homebound. Under the February 20,1987 proposed draf t procedures, these populations would proceed as follows. School children evacuated from school would be sent to a school outside the EPZ where their parents or guardians would pick them up, and, if desiring to be monitored, then proceed to one of the three reception centers to be monitored as members of the general population. The ambulatory homebound would be picked up by by bus by LERO and brought to the Hicksville reception centers where they would be monitored in the same manner as members of the general population arriving on buses. The non-ambulatory homebound, on the other hand, would be picked up by bus by LERO for monitoring to the Emergency Worker Decontamination Facility at Brentwood. They would be decontaminated there or at hospitals if their needs so require.
1 l to this motion. The basis for their objections was that the questions were outside the scope of this proceeding.
WHEREFORE, LILCO respectfully requests that this Board strike:
Page 6, line 31 through line 35, and Page 17, line 27 through line 36 of the testimony of Thomas E. Baldwin, et a_1.
Respectfully submitted, W
Jakes)f./hristfna Mary J6 Leugers Hunton & Williams 707 East Main Street P. O. Box 1535 Richmond, Virginia 23212 DATE: April 18,1987
-e LILCO, April 18, 1987
~.
DOCKETED USHRC
~
CERTIFICATE OF SERVICE
'87 AfH 21 Pl2:11 crrr= r ;r In the Matter of cccd;;s;.--
LONG ISLAND LIGHTING COMPANY J >.
j j-(Shoreham Nuclear Power Station, Unit 1) l Docket No. 50-322-OL-3 i
I hereby certify that copies of LILCO'S MOTION TO STRIKE DIRECT TESTIMO-
. NY OF FEMA WITNESSES BALDWIN, HUSAR AND KELLER REGARDING THE
{-
SUITABILITY OF RECEPTION CENTERS were served this date upon the following by telecopier as indicated by one asterisk, by Federal Express as indicated by two aster-isks, or by first-class mail, postage prepaid.
Morton B. Margulies, Chairman **
Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 i
East-West Towers, Rm. 407 4
4350 East-West Hwy.
Richard G. Bachmann, Esq. **
Bethesda, MD 20814 George E. Johnson, Esq.
U.S. Nuclear Regulatory Commission Dr. Jerry R. Kline **
7735 Old Georgetown Road Atomic Safety and Licensing (to mallroom)
Board Bethesda, MD 20814 U.S. Nuclear Regulatory Commission East-West Towers, Rm. 427 Herbert H. Brown, Esq. **
i 4350 East-West Hwy.
Lawrence Coe Lanpher, Esq.
Bethesda, MD 20814 Karla J. Letsche, Esq.
l Kirkpatrick & Lockhart Mr. Frederick J. Shon **
South Lobby - 9th Floor Atomic Safety and Licensing 1800 M Street, N.W.
5 Board Washington, D.C. 20036-5891 U.S. Nuclear Regulatory Commission i-East-West Towers, Rm. 430 Fabian G. Palomino, Esq. **
4350 East-West Hwy.
Richard J. Zahnteuter, Esq.
Bethesda, MD 20814 Special Counsel to the Governor l
Executive Chamber l:
Secretary of the Commission Room 229
- Attention Docketing and Service State Capitol Section Albany, New York 12224 i
U.S. Nuclear Regulatory Commission 1717 H Street, N.W.
Mary Gundrum, Esq.
j Washington, D.C. 20555 Assistant Attorney General 120 Broadway i
Atomic Safety and Licensing Third Floor, Room 3-116 l
Appeal Board Panet New York, New York 10271 U.S. Nuclear Regulatory Commission l
Washington, D.C. 20555 i
i
_ _ ~ -
. Spence W. Perry, Esq. **
' Ms. Nora Bredes William R. Cumming, Esq.
Executive Coordinator l
Federal Emergency Management Shoreham Opponents' Coalition l
Agency 195 East Main Street l
500 C Street, S.W., Room 840 Smithtown, New York 11787 l
Washington, D.C. 20472 Gerald C. Crotty, Esq.
Mr. Jay Dunkleberger Counsel to the Governor
(
Ngw York State Energy Office Executive Chamber Ag;ncy Building 2 State Capitol Empire State Plaza Albany, New York 12224 Albany, New York 12223 Martin Bradley Ashare, Esq. **
St2 phen B. Latham, Esq. **
Eugene R. Kelly, Esq.
Twomey, Latham & Shea Suffolk County Attorney 33 West Second Street H. Lee Dennison Building P.O. Box 298 Veterans Memorial Highway 1
Rivarhead, New York 11901 Hauppauge, New York 11787
{
Mr. Philip McIntire Dr. Monroe Schneider Federal Emergency Management North Shore Committee Agency P.O. Box 231 26 Federal Plaza Wading River, NY 11792 N3w York, New York 10278 Jonathan D. Feinberg, Esq.
Nsw York State Department of Public Service, Staff Counsel Three Rockefeller Plaza Albany, New York 12223
/
9 JamigM..Ehristtng Mary Jo Leugers Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: April 18,1987
ATTACHMENT 1 OF PROCEEDINGS UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
--- ------ - - - - - - - - - -x In the Matter of:
Docket No. 50-322-OL-3 LONG ISLAND LIGHTING COMPANY (Emergency Planning)
(Shoreham Nuclear Power Station, Unit 1)
- - - - - - - - - - - - - - - - - - -x DEPOSITION OF MARTIN D.
MAYER, M.D.
Hauppauge, New York Friday, February 27, 1987 ACE-FEDERAL REPORTERS, INC.
Stenotype Reporters 444 North CapitolStreet n, D.C. 20001 Washinp) 347-3700 (202 Nationwide Cowrage 800-336-6646 L
=
~'T
12 1 01 Q
Is there any other?
imons 1 2
A Well, not at the moment.
3 Q
We'll be coming back and getting into those in 4
more specifics.
5 You are testifying in the other proceeding for 6
the Shoreham exercise litigation?
7 A
Yes, I am.
8 0
What is your understanding of the difference 9
between your testimony here and your testimony in that 10 proceeding?
11 A
Well, my testimony here of course is preliminary 12 on the new revision of the plan.
My understanding of the 13 testimony we are going to be filing about the old plan was 14 of course that the old plan was based upon doing this kind 15 of monitoring at the Nassau County Medical Center of people l
16 who are not in their cars, people who come out of their I
17 cars and have been lined up inside of a building.
It's a l
18 totally different situation than doing people in their 19 cars.
20 It's the Nassau County Coliseum and not the 21 Nassau County Med ical Center.
I work with the Medical 22 Center all the time.
ACE FEDERAL REPORTERS, INC.
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--m-13 1 01 And of course this revision right now does not
.imons 1 speak to any of the other issues with regard to special 2
3 Populations.
That is a totally different matter which was not even mentioned in the material that I was reading, the 4
5 Revision 8 that I was read ing now.
So there is a basic 6
d if f e re nce.
It's a totally dif ferent situation.
7 0
Do you know where the reception centers are 8
located ?
9 A
I've seen in the material and I've looked at the 10 maps, Hicksville, Rosslyn and I forget the other place, but 11 the idea is that there are three centers in Nassau County.
12 I'm a Suf folk County resident and I live in Hauppauge.
13 I've lived in Suffolk County since 1972.
14 Honestly, if someone told me right now go to 15 Hicksville, go to Rosslyn or go to the other spot, I 16 wouldn' t know where they were.
I ' ve no id e a.
You might 17 give me some information, and I might or I might not find 18 it.
Suf folk County residents mostly likely would never 19 find these places unless someone really led them by the 20 hand to find these places.
issue you will be addressing?
21 Q
Is that an 22 A
Well, I'm just saying that as a person I might, ACE. FEDERAL REPORTERS, INC.
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ATTACHMENT 2 TIMN'SCRIF1
~
OF PROCEEDINGS UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
- - - - - - - - - - -x In the Matter of:
Docket No. 50-322-OL-3 LONG ISLAND LIGHTING COMPANY (Emergency Planning)
(Shoreham Nuclear Power Station, Unit 1)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _x DEPOSITION OF JAMES C.
BARANSKI, JAMES D.
PAPILE and LAWRENCE B.
CZECH Albany, New York Wednesday, February 25, 1987 ACE-FEDERAL REPORTERS, INC.
Stenctupe l%crters 444 North Capitol Street Washtngton, D.C. 20001 (202) 347-3700 Nationwide Coverage 800-336-6646
i 9941 02 02 130 m
ysimons 1 0
I see, but in the others ---
2 A
All the other school reception centers are 3
separate from the general public reception centers.
4 0
At the others where the school centers are 5
separate, do you monitor the school children at the school 6
reception centers?
f' I
7 A
(Witness Papile)
Yes, we do.
l 8
0 You send monitors there?
9 A
(Witness Papile)
Yes, we do.
I l
10 0
Are there letters of agreement for those l
.11 schools?
'12 A
(Witness Papile)
Are there what?
l 13 0
Are there letters of agreement in existence for l
14 l
all of those school reception centers especially for the i
i 15 school children?
l 16 A
(Witness Papile)
Yes, we have them.
l l
17 1
0 For all of them?
18 (Pause while the witnesses confer.)
19 A
(Witness Czech)
Right.
20 0
And where are those on file?
21 A
(Witness Papile)
Usually at the counties.
I 22 !
O The same question I guess.
Under these other j
i l
l ACE FEDERAL REPORTERS, INC.
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131
' 9941 02 02 r
ycimons 1 plans typically you have separate reception centers for the I
2 people who live in nursing and adult homes, do you not?
3 MR. LANPHER:
I object to the question.
This is 4
outside the scope of this proceeding.
5 (Pause while the witnesses confer.)
6 WITNESS CZECH:
The nursing homes or adult care 7 !
homes would go to another like facility that had been
)
I 8
prearranged. So they would not go to a reception center.
l 9
BY MR. CHRISTMAN:
0 would they be monitored at that location where l
10 11 they went to?
12 A
(Witness Czech)
There would be provisions for 1
13 field monitoring groups to be sent there to monitor them.
l 0
You said in your earlier deposition of February l
14 l
3rd on page 104 that if it were necessary to redirect 15 i
16 people to a particular reception center that traffic guides 17 I could be contacted by I guess someone f rom social services 18 to have them redirect traffic.
Is that right?
Can that be 19 done?
e 20 (Pause while the witnesses confer.)
21 A
(Witness Papile)
There are two ways to do it.
22 If a reception center was getting a backlog of people, then l
i ACE FEDERAL REPORTERS, INC.
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6 i 132 9941 02 02 r
yaimons 1 that person whose in charge of that reception center would 2
call into the social services desk at the ECC and we would 3
then tell them that the social service person would go over 4
to the sheriff or the law enforcement people and say, hey, 5
could you divert some of that traffic over and tell them to 6
go to this reception center.
l In addition to that, we would either put a news 7
8 l release out and immediately call the joint news center and 9 l tell them to put that out over the air also.
I 10 0
The news release would go over the radio?
11 l
A The news release would go over radio and TV if I
12 l we could get it.
l O
I'm wondering how the people in their cars would 13 14 know to be redirected to a dif ferent reception center.
15 Would they hear it on the radio?
16 A
I'll hope they'll turn their radio on during an 17 emergency.
18 0
But the traffic guides wouldn't be able to tell 19 them, or wouldn't have any way of telling them?
20 A
No, no.
What I said is the law enforcement 21 people would get out to the law enforcement people who are 22 traffic control personnel and tell them to put a diversion ACE. FEDERAL REPORTERS, INC.
}
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8 133 9941 02 02 ysimons 1 or detour sign there saying going to another reception 2
center.
3 0
How would they say go to another reception 4
center?
5 A
I don' t know how they would say it, but we have 6
done that in past exercises.
1 7
0 How did the law enforcement people convey the
{
i I
8 message of go to a different reception center to the people l
9 in their cars?
10 A
I imagine they sit there and they direct the 11 traffic to go.
They would put a detour somewhere outside 12 the reception center and tell them.
l 13 O
That would keep them out of one reception i
14 i center, but it wouldn't tell them what reception center to I
15 !
go to, would it?
i 16.
A Well, I imagine they would just casually go to
(,
t 17 the reception center by word or mouth -- mostly by word of l
l 18 mouth I hope.
19 0
Co you mean the traffic guides would confer with 20 the people in the cars as they go by?
i 21 A
Quickly, yes.
22 0
And talk to every person ---
l l
ACE. FEDERAL REPORTERS, INC.
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l
-9941 02 02 134 r
ysimons 1 A
I'm not sure.
I'm not a law enforcement man.
I 2
don't know.
But we do ask the law enforcement people to do 3
that for us.
4 0
Does anybody know how they do that?
Do you 5
think they yell into the windows of the cars as they go by?
6 MP. ZAHNLEUTER:
If you know.
7 WITNESS PAPILE:
I don 't.
8 WITNESS BARANSKI:
I don't know at this time.
9 WITNESS PAPILE:
But I do know that the law 10 enforcement people have been requested to do this in the 11 past.
I 12' BY MP. CHRISTMAN:
f j
0 What does the term captive populations mean in 13 i
14 l emergency planning?
i 15 A
(Witness Baranski), Captive populations means to 16 us populations that are not part of the general 17 population.
18 0
For instance, prison inmates?
19 A
That's affirmative.
20 0
How about patients in hospitals?
21 A
That's correct.
I I
22 0
Co you have plans to administer potassium iodide ACE. FEDERAL REPORTERS, INC.
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I 9941 02 02 135 r
yaimons 1 to those sorts of people?
2 MR. LANPHER:
I object to the qu6stion to the 3
question.
This is outside the scope of this proceeding.
4 MR. ZAHNLEUTER:
I agree.
5 MR. CHRISTMAN:
The question still s tands.
6 WITNESS BARANSKI:
Please repeat the question.
7 I BY MR. CHRISTMAN:
8 0
Are there any plans in New York State to 9
administer potassium iodide to those captive populations?
10 A
(Witness Baranski)
The administrators of those 11 captive populations are responsible to that population.
12 0
Does the term captive population mean that those l
people would not be evacuated when the general public was?
13 ;
1 14 i A
In the context of the KI policy, that's correct.
15 O
Are there plans to evacuate prisons in New York 16 l
State?
17 A
(Witness Papile)
We have only one prison 18 involved and there are no plans to evacuate it.
19 0
That's Sing-Sing, right?
o 20 A
That's right.
21 A
(Witness Baranski)
That's correct.
22 i 0
Do you know of any hospital populations for I
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9941 02 02 136 r
yaimons 1 which no plans are made to evacuate because they are 2
hospital patients?
3 MR. 2AHNLEUTER:
I object on relevancy.
How 4
does this relate to reception centers.
5 MR. CHRISTMAN:
Let's put it this way.
Hospital 6
patients who are not evacuated certainly aren't going to be 7
coming into reception centers.
8 MR. 2AHNLEUTER:
So the relationship is that 9 l there is no relationship to reception centers.
10 MR. CHRISTMAN:
Rick, by a simple process called 11 subtraction we know that people who are not evacuating 12 their homes or places where they stay and will not be 13 l
coming to a reception centers and hence will not swell the 14 population coming into the reception center, and the i
15 population of these reception centers is of course an issue i
16 here.
So I'm questioning whether there are hospitals in 17 New York State for which no plans to evacuate are made.
18 MR. LANPHER:
I object.
There is no allegation 19 that the hospitals, even if they have plans to evacuate, 20 are going to be going to the LILCO reception center.
21 MR. CHRISTMAN:
The objection is noted and the I
l 22 question stands.
ACE FEDERAL REPORTERS, INC.
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a 137 9941 02 02 r
ycimons 1 MR. LANPHER:
I think it's a waste of time.
2 WITNESS BARANSKI:
In our plans, in our 3
exercises that we have conducted to date we have not 4
evacuated or simulated evacuation of hospitals to the 5
general population reception centers.
6 BY MR. CHRISTMAN:
7 0
But are there hospitals in the 10-mile EPZ for 8
any nuclear plant in New York Stateifor which plans are 9
simply not made to evacuate them because of the speci.nl 10 nature of hospital patients?
11 MR. LANPHER:
Objection.
12 MR. ZAHNLEUTER:
I object.
It seems to me this l
is more like questioning that should have been asked this 13 14 I morning.
I 15 i MR. CHRISTMAN:
I wasn't asking the questions
\\
16 l this morning.
The question stands and the objection is l
17 noted.
18 MR. 2AHNLEUTER:
I will allow these witnesses to 19 answer this question.
If this line continues I will take o
20 the step of instructing them not to answer because thi1 21 deposition is not an extension of this morning's i
22 l deposition.
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i s
138 9941 02 02 yaimons 1 MR. CHRISTMAN:
Okay, you've got the go ahead.
r I
2 WITNESS BARANSKI:
In our training and briefing 3
of the hospital administrators we explained to them the 4
three options that are available to them in a radiological 5
emergency.
And it is in their responsibility to determine 6
the best option available when an emergency happens or when 7
an incident occurs.
They may decide not to evacuate a j
i 8
hospital.
l 9
BY MR. CHRISTMAN:
10 0
Panel Exhibit No. 2 on page 70 says that the l
i 11 flow of traffic and people should be straightline whenever 12 possible, and they're talking about monitoring and decon 13 facilities.
Can you explain what that means to me?
14 MR. ZAHNLEUTER:
Would you like a chance to look 15 i
at the document?
i I
I l
WITNESS BARANSKI:
Could I see page 70.
16 17 MR. CHRISTMAN:
Of course.
It's at page 70 at 18 the very bottom.
However, what I told you I think is a 19 direct quote.
o 20 (The document was handed to the witness for 21 their review.)
t 22 WITNESS BARANSKI:
What that means when we ACE. FEDERAL REPORTERS, INC.
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