ML20209A757
| ML20209A757 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 10/29/1986 |
| From: | Pirfo O NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | SUFFOLK COUNTY, NY |
| References | |
| CON-#187-2384 OL-5, NUDOCS 8702030436 | |
| Download: ML20209A757 (6) | |
Text
2 38y' 4t.t.AIt.U WrtKt,:3tq) Nut NGA 00LKETED e
USHRC UNITED STATES OF AMERICA 1
NUCLEAR REGULATORY COMMISSION
'86 NOV -3 All :25 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD FFICr m DOCXETiia. $ c /y 9,q t. w, In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-5
)
(EP Exercise)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
NRC STAFF RESPONSE TO SUFFOLK COUNTY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND FIRST SET OF INTERROGATORIES TO THE NRC STAFF On October 10, 1986 and October 15, 1986, respectively, Intervenor Suffolk County filed a "First Request For Production Of Documents By The NRC Staff And FEMA" and a "First Set Of Interrogatories To The NRC Staff And FEMA".
Discovery against the Staff stands on a "different footing" than discovery with respect to other parties.
Pennsylvania Power and Light Co. (Susquehanna Steam Electric Station, Units 1 and 2)), ALAB-613,12 NRC 317, 323 (1980).
With limited exceptions, Staff documents are routinely made available in the NRC Public Document Room.
10 C.F.R.
I 2.790; Susquehanna, supra.
As the Appeal Board indicated in Susquehanna, supra, such routine disclosure will " reasonably disclose the basis for the staff's position thereby reducing any need for formal discovery."
Additionally, in the context of the EP exercise, as noted in a letter dated March 6, 1986, from Staff Counsel to Counsel for Suffolk County, a copy of which is attached, the NRC Staff turned over all 8702030436 861029 s
{DR ADOCK 0500 2
J gg 7
.,4 Shoreham exercise related documents to FEMA as the Agency responsible L
for grading the exercise.
Accordingly, the bulk of the Staff / FEMA voluntary responses to Intervenor's discovery requests will come directly from FEMA.
In order to expedite completion of the discovery phase of this proceeding, the Staff will voluntarily respond to Intervenor's Interrogatories and document requests without a finding by the Licensing Board made pursuant to 10 C.F.R. I 2.720(h)(2)(ii). II The Staff does so without waiving its right to require that any future interrogatories and document requests be submitted in compliance with the applicable regulations.
NRC STAFF RESPONSE TO REQUESTS FOR PRODUCTION OF DOCUMENTS
(
1.
Statements of Professional Qualifications of the following named NRC l
employees are attached:
Name Exercise Role Office l
Charles G. Amato Evaluator (E)
Region I Lloyd A. Bolling Simulator (S)
State Programs Mindy S. Landau (S)
State Programs George A. Brown (S)
Region V 1_/
10 C.F.R.
I 2.720(h)(2)(ii) requires the party propounding interrogatories to the Staff to file the interrogatories with the presiding officer.
Only upon a finding by the presiding officer that answers to the interrogatories are "necessary to a proper decision in the proceeding" and "are not reasonably obtainable from any other source," is the Staff required to answer the interrogatories.
Additionally, it should be noted that no time period is provided in Section 2.744 for the Staff to respond to document production requests, i
10 C.F.R. I 2.744(b).
The requastor must, ordinarily, await the decision of the Executive Director for Operations before the requesting party can file a motion to compel with the Licensing Board.
1 10 C.F.R. I 2.744(c).
i
Name Exercise Role Office
~
Karl Abraham (E)
Public Affairs (RI)
Joseph T. Gilliland (S)
Public Affairs (RII)
Alphonsa Gooden (S)
Region II James L. Kreh (S)
Region II Ralph A. Caruso Controller (C)
Nuclear Reactor Regulation Joseph E. Ilimes (C)
Inspection and Enforcement James Brown (S)
Inspection and Enforcement Robert A. Meck (S)
Inspection and Enforcement Kenneth E. Perkins (C)
Inspection and Enforcement Edward M. Podolak (C)
Inspection and Enforcement Cheryl A. Sakenas (C)
Inspection and Enforcement Eric D. Weinstein (C)
Inspection and Enforcement Bernard H. Weiss (C)
Inspection and Enforcement Edward F. Williams (C)
Inspection and Enforcement Linda Kers (S)
Region III Willaim G. Snell (S)
Region III 2.
The response to Request 2 is encompassed within the response to Request 1.
There were no NRC personnel present in the " Command Post".
3-32.
As indicated in the letter dated March 6,1986 from Staff Counsel to Suffolk County Counsel, all NRC documents relating to the February 13, 1986 exercise have been turned over to FEMA as the agency responsible for grading the exercise.
Additionally, as a courtesy, the Staff has also prepared and has attached hereto a list of documents that are available in the NRC PDR which may be relevant to requests 3-32.
The Staff will provide copies of any of these documents upon request if not so available.
Also, attached are copies of the following two documents which are dated subsequent to March 6,1986:
_ _=
1.'
Me'morandum dated March 11, 1986 from E.L. Jordan to multiple 3
addresses.
2.
Memorandum dated March 18, 1986 from E.L.
Jordan to James M. Taylor.
NRC STAFF ANSWERS TO INTERROGATORIES 1-3.
The NRC Staff presently does not expect to call any NRC employees as witnesses during the emergency planning exercise hearings.
(However, see the FEMA Answers to Interrogatories 1-3 regarding the requested information as to FEMA Personnel.)
4-24.
These are either interrogatories which are not applicable to the NRC Staff or, to the extent they are applicable to 'the NRC Staff, the responses will be encompassed within FEMA's answers 'to Intervenor's Interrogatories in order to avoid providing duplicative ret,ponses.
Respectfully submitted, Bernard M. Bor ek Oreste Russ Pi Counsel for N C. Staff Dated at Bethesda, Maryland this 29th day of October,1986
- 'u
%.\\ !
o>
0 i
N0y. IO86h.d
~i c
UNITED STATES OF AMERICA 5
h0 CLEAR REGULATORY COMP!ISSION No V
a
. gcu (Q
<(,g'.D BEFORE Ti1E ATOMIC SAFETY AND LICENSING BOARD s
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-5
)
(EP Exercise)
(Shoreham l'uclear Power Station,
)
Unit 1)
)
CERTIFICATF OF SERVICE I hereby certify that copies of NRC STAFF RESPONSE TO SUFFOLK COUNTY'S FIllST REQUEST FOR PRODUCTION OF DOCUll.!ENTS AND FIRST SET OF i
INTERROGATORIES TO THE NRC STAFF" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system or, as indicated by double asterisks, hand delivered or, as indicated by triple asterisks, by express mail, this 29th day of October,1986, i
John H. Frye, III, Chairman
- Fabian G. Palomino, Esq.*
~
Administrative Judge Special Counsel to the Governor Atomic Safety and Licensing Board Executive Chamber U.S. Nuclear Regulatory Comm'ssion State Capitol Washington, D.C.
20555 Albany, NY 12224 Oscar H. Paris
- Jonathan D. Feinberg, Esq.
Administrative Judge New York State Department of Atomic Safety and Licensing Board Public Service U.S. Nuclear Regulatory Commission Three Empire State Plaza Washington, D.C.
20555 Albany, NY 12223 W. Taylor Reveley III, Esq.*
Donald P. Irwin, Esq.
Frederick J. Shon*
Hunton & Williams Administrative Judge 707 East Main Street Atomic Safety and Licensing Board P.O. Box 1535 U.S. Nuclear Regulatory Commission Richmond, VA 23212 l
Washington, D.C.
20555 l
Joel Blau, Esq.
1 Mr. Jay Dunkleberger Director, Utility Intervention New York State Energy Office NYS Consumer Protection Board Agency Building 2 Suite 1020 Empire State Plaza 99 Washington Avenue Albany, New York 12223 Albany, New York 12210 g
i l
f,
(
Herbert H. Brown, Esq.**
Stephen B. Latham, Esq.*"
Lawrence Coa Lanpher, Esq l
Twomey, Latham & Shea Karla J. Letsche, Esq.
l Attorneys at Law Kirkpatrick & Lockhart 33 West Second Street 1900 M Street, N.W.
Riverhead, NY 11901 8th Floor Atomic Safety and Licensing Dr. Monroe Schneider Board Panel
- North Shore Committee U.S. Nuclear Regulatory Commission P.O. Box 231 l
Washington, D.C.
20555 Wading River, NY 11792 Atomic Safety and Licensing Appeal Board Panel
- Mr. Philip McIntire U.S. Nuclear Regulatory Commission Federal Emergency Management Washington, DC 20555 Agency 26 Federal Plaza, Room 1849 Spence W. Perry, Esq.
New York, NY 10278 i
General Counsel Federal Emergency Management Docketing and Service Section*
Agency Office of the Secretary 1
500 C Street, SW, Room 840 U.S. Nuclear Regulatory Commission Washington, DC 20472 Washington, D.C.
20555 Anthony F. Earley, Jr., Esq.
Robert Abrams, Esq.
General Counsel Attorney General of the State Long Island Lighting Company of New York 175 East Old Country Road Attn: Peter Bienstock, Esq.
!!!cksville, NY 11801 Department of Law
.J State of New York Ms. Nora Bredes Two World Trade Center Shereham Opponents Coalition Room 46-14 1
195 East Main Street New York, NY 10047 Smithtown, NY 11787 William R. Cumming, Esq.
Martin Bradley Ashare, Esq.
Office of General Counsel 4
Suffolk County Attorney Federal Emergency Management H. Lee Dennison Building Agency Veteran's Memorial Highway 500 C Street, SW Hauppauge, NY 11788 Washington, DC 20472 Dr. Robert Hoffman Long Island Coalition for Safe Living P.O. Box 1355 Massapequa, NY 11758 B'ernard'M. B cr Oreste Russ
(
Counsel for Staff
...