ML20210N457

Advises That J Papile,J Baranski & L Czech Will Testify in Facility Proceeding Re Emergency Preparedness (EP) Exercise. Subj Matter Will Be Issues Raised in Contentions Ex 15 & 16, Including Essential Elements of Ep.W/Certificate of Svc

ML20210N457
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/06/1987
From:	Palomino F NEW YORK, STATE OF
To:	Frye J, Paris O, Shon F Atomic Safety and Licensing Board Panel
References
CON-#187-2496 OL-5, NUDOCS 8702130123
Download: ML20210N457 (7)

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'87 FEB 12 NO:55 STATE oF NEw YORK ExecuTave CHAMBER g){v ALBANY 12224 FA81AN PALOMINO Special Counsel to the oovernor February 6,1987 BY TELECOPIER Mr. John H. Frye,111 Chairman Dr. Oscar H. Paris Mr. Frederick 3. Shon Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 RE: Shoreham Nuclear Power Station Docket No. 50-322-OL-5 (EP Exercise)

Gentlemen:

The purpose of this letter is to advise the Board and the parties that James Papile, James Baranski and Lawrence Czech, all of whom are employees of the New York State Radiological Emergency Preparedness Group (REPG), will testify on behalf of the State of New York in this proceeding. The subject matter of their testimony will be the issues raised in Contentions Ex 15 and 16, and, in particular, their understanding of the essential elements of a " full participation exercise." Since LILCO and the other parties have already had an opportunity to obtain discovery of REPG through interrogatories, document production and depositions of Messrs. Papile, Baranski and Czech, no hardship will be caused by the designation of these witnesses at this time.

Although the State of New York has maintained that exercises involving other nuclear power plants are irrelevant to this proceeding, the Board has indicated that such information may help to !!!ustrate the meaning of the term " full participation exercise." In its Memorandum and Orderl compelling the State of New York to answer interrogatories and produce documents pertaining to other nuclear power plants in 1 Memorandum and Order (Ruling on LILCO's Motions to Compel New York State to Answer LILCO's First Set of Interrogatories and for a Protective Order)(December 19,1986) at 5,6.

8702130123 870206 PDR 3 0 ADOCK 05000322 60 PDR

New Yor <, the Board stated:

LILCO correctly points out that the issue of whether this exercise constituted a full participation exercise should not be addressed in a vacuum. Indeed, we believe that information regarding the scope of other full participation exercises is necessary in order to intelligently address that issue. (Footnote omitted) While it is true that what constitutes an acceptable full participation exercise for other New York plants will not necessarily estab!!sh the standard for the Shoreham exercise, it will at a minimum provide valuab!e background information. The unique aspects of the Shoreham situation must be taken into account against this background. (Emphasis added)

As the Board knows from its analysis of LILCO's Motion Requesting Issuance of Subpoenas, dated January 20,1987, Messrs. Papile, Baranski and Czech have extensive, professional, first-hand experience with full participation exercises in New York. ~ Thus their testimony can be expected to provide the Board with " valuable background information" regarding the issues raised in Contentions Ex 15 and 16.

The need for the State of New York to sponsor Messrs. Papile, Baranski and Czech crystallized during their deposition on Tuesday, February 3,1987. It became clear at that time that these gentlemen had an important perspective to contribute regarding the essential elements of a " full participation exercise" due to their vast experience with FEMA-graded exercises in New York.

The delay in designating these witnesses should be inconsequential because they were all deposed within the established period for depositions. Futhermore, there should be no hardship caused by this development. Mr. Daverlo's affidavit in support of LILCO's Motion Requesting Issuance of Subpoenas, dated January 20,1987, makes it clear that LILCO is familiar with the professional responsibilities and duties of Messrs.

Papile, Baranski and Czech. FEMA is also familiar with these gentlemen. Since the subject matter of their proposed testimony will closely resemble the subject matter of their testimony during their February 3,1987 deposition, the parties should have a clear understanding already about the nature of their expect opinions. Nevertheless, in the event that LILCO or other parties claim hardship, we will endeavor to alleviate their concerns.2 Res ctfully _ .

_J. 5 W2

' Fabian G. min'o Richard J. 7".hnleuter Special Counsel to the Governor cc: Mr. Irwin (by telecopy)

Mr. Bordenick (by telecopy)

Mr. Lanpher (by telecopy)

Mr. Cumming (by telecopy) 2 It should be noted that LILCO has indicated that the discovery period may need to be reconsidered in any event because LILCO only expects to meet for the first time with an as-of-yet unidentified witness on Monday or Tuesday, February 9 or 10,1987.

Also, LILCO has agreed to 'make one of its recently-designated witnesses, Mr.

Patterson, available for a deposition on Monday, February 9,1987.

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-USNRC DATE: Febrg r g ig 7 A10 :55 LWu CCCi ~~':, ,

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-5

) (EP Exercise)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

CERTIFICATE OF SERVICE Ihereby certify that copies of a letter dated February 6,1987 from Richard 3.

Zahnleuter to the Atomic Safety and Licensing Board chaired by John H. Frye,111 and the " Affidavit of James D. Paplie in Support of the State of New York's Response to

'LILCO's Motion Requesting issuance of Subpoenas,"' have been served on the following this 9th day of February 1937 by U.S. mail, first class, except that the aforementioned letter has also been served by telecopier on the following on the 6th day of February 1987 as noted by an asterisk.

t John H. Frye, III* Dr. Oscar H. Paris

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. Chairman Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Mr. Frederick 3. Shon* Spence W. Perry, Esq.*

Atomic Safety and Licensing Board William R. Cumming, Esq.

U.S. Nuclear Regulatory Commission Office of General Counsel Washington, D.C. 20555 Federal Emergency Management Agency Washington, D.C. 20472 m

y Anthony F. Earley, Jr., Esq. Joel Blau, Esq.

General Counsel Director, Utility Intervention Long Island Lighting Company N.Y. Consumer Protection Board 175 East Old Country Road Suite 1020 Hicksville, New York 11801- Albany, New York 12210 Mr. William Rogers W. Taylor Reveley. III, Esq.*

Clerk . Hunton & Williams

.Suffolk County Legislature P.O. Box 1535 Suffolk County Legislature - 707 East Main Street Office Building - Richmond, Virginia 23212 Veterans Memorial Highway Hauppauge, New York 11788 Stephen B. Latham, Esq.

Twomey, Latham & Shea Mr. L. F. Britt 33 West Second Street Long Island Lighting Company Riverhead, New York 11901 Shoreham Nuclear Power Station North Country Road Docketing and Service Section Wading River, New York 11792 Office of the Secretary U.S. Nuclear Regulatory Commission Ms. Nora Bredes 1717 H. Street, N.W.

Executive Director Washington, D.C. 20555 Shoreham Opponents Coalition 195 East Main Street Hon. Peter Cohalan Smithtown, New York 11787 Suffolk County Executive H. Lee Dennison Building Veterans Memorial Highway.

Mary M. Gundrum, Esq. .

Hauppauge, New York 11788 New York State Department of Law 120 Broadway,3rd Floor Dr. Monroe Schneider Room 3-116 North Shore Committee New York, New York 10271 P.O. Box 231 Wading River, New York 11792 MHB Technical Associates 1723 Hamilton Avenue Lawrence Coe Lanpher, Esq.*

Suite K - . Kirkpatrick & Lockhart San Jose, California 95125 1900 M. Street, N.W.

Suite 800 i Martin Bradley Ashare, Esq. Washington, D.C. 20036

Suffolk County Attorney Building 158 North County Complex Bernard M. Bordenick, Esq.*

l Veterans Memorial Highway ~ U.S. Nuclear Regulatory Commission Hauppauge, New York 11788 Washington, D.C. 20555 Mr. Jay Dunkleburger New York State Energy Office l Agency Building #2 i Empire State Plaza

! Albany, New York 12223

Q David A. Brownlee, Esq. Mr. Stuart Diamond Kirkpatrick & Lockhart Business / Financial 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 W. 43rd Street New York, New York 10036

/

L /l7:t 4 2- ,,'$ d *. L c h . } k Richard J. Zahnleuter, Esq.

Deputy Special Counsel to the Governor Executive Chamber Capitol, Room 229 Albany, New York 12224

• By telecopy.

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DATE: 3anuary 27,1987 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-5 .

) (EP Exercise)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

AFFIDAVIT OF 3AMES D. PAPILE IN SUPPORT OF -

STATE OF NEW YORK'S RESPONSE TO "LILCO'S MOTION REQUESTING !SSUANCE OF SUBPOENAS" STATE OF NEW YORK ) ss:

COUNTY OF ALBANY )

James D. Pap!!e, being duly sworn, deposes and says:

1.

Iam currently serving as the Director of the New York State Radiolog! cal Emergency Preparedness Group ("REPG"). Ihave been a member of REPG since its inception in 1980. Because of these positions and the responsibilities associated with them, l have personal knowledge of the facts cited in this affidavit.

2. Having been involved in radiological emergency planning for areas i

I surrounding nuclear power plants in New York State since current planning standards -

were implemented, I have direct knowledge of, and am familiar with, the planning and exercise processes in the State of New York and the evolution of these processes.

During my association with REPG, Ihave personally participated in and supervised others in the areas of tralning, administration, development and implementation of exercise scenarlos and objectives, and review of technicalissues.

3. Based on my position as Director of REPG, and as a result of my extensive experience, I am the official the State of New York has selected to be deposed by LILCO concerning LILCO's Interrogatories Nos. 2 and 8. I am fully capable of, and, indeed, as PEPC's Director, am responsible for, supplying and explaining the State of

~

g J44 28 '87 11:42 ULC E>EC CH P,8 New York's answers to LILCO's Interrogatories Nos. 2 and 8. Depositions of my subordinates and other Individuals, including Mr. Czech and Mr. Baranski, would be duplicative, cumulative and an unnecessary waste of resources.

_/t (M./ W 8

James D. Paplie Sworn to before me this Z~1 day of January 1987.

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____ Y',l a v .. no c o Y. . t .i A /

Notary Public -

MARION Z. ZRELAX Notory Pubic. State of Naw Yorn Qualif.ed in Albany County C$fRfDi&&ICO EXDeres March 30,19r3[ -

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