ML20211A535
| ML20211A535 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 10/10/1986 |
| From: | Lanpher L KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | Federal Emergency Management Agency, NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#486-1059 OL-5, NUDOCS 8610150214 | |
| Download: ML20211A535 (15) | |
Text
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'86 JT JGcR2e* 10, 1986 0FFICE OF EE... ;;3, UNITED STATES OF AMERYb [rktfCif
. NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensino Board
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-5
)
(EP Exercise)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
SUFFOLK COUNTY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS BY THE NRC STAFF AND FEMA Pursuant to 10 CFR SS 2.741 and 2.744, Suffolk County hereby requests the NRC Staff and FEMA to produce for inspection and copying, at the offices of Kirkpatrick & Lockhart, 1900 M Street, N.W., Washington, D.C.
20036, the documents specified below that are within the possession, custody, or control of the NRC Staff or FEMA.
DEFINITIONS AND INSTRUCTIONS FOR DOCUMENT PRODUCTION A.
Wherever appropriate, the singular form of a word shall be interpreted as plural and vice versa.
8610150214 861010 PDR ADOCK 05000322 G
e 1
1
-B.
"And" as well as "or" shall be construed either dis-junctively or conjunctively as necessary to bring wishin the scope hereof'any information (as defined herein) which might otherwise be construed to be outside the scope of these discovery requests.
C.
Wherever appropriate, the masculine form of a word shall be interpreted as feminine and vice versa.
D.
The term " person" includes any natural person, firm, partnership, educational institution, joint venture, corporation, and any foreign or domestic government organization (including military and civilian), or group of natural persons or such entities.
E.
The term "information" shall be expansively construed and shall include, but not be limited to, facts, data, theories, analyses, opinions, images, impressions, conclusions, concepts, and formulae.
F.
The term " document" means any tangible thing from or on which information can be stored, recorded, processed, trans-mitted, inscribed, or memorialized in any way by any means regardless of technology or form and including but not being limited to:
papers, books, newspaper and magazine articles, letters, photographs, objects, tangible things, correspondence, telegrams, cables, telex messages, memoranda, notes, notations, work papers, drawings, plans, specifications, manuals, procedures, transcripts, minutes, reports and recordings of tele-phone or other conversations, or of interviews, or of con- -
e t
ferences, or of other meetings, occurrences, or transactions, affidavits, transcripts of depositions or hearings, statements, i
summaries, opinions, reports, tests, experiments, analyses, evaluations, contracts, agreements, ledgers, Journals, receipts, statistical records, desk calendars, appointment books, diaries, lists, tabulations, sound recordings, computer printouts, data processing input and output, microfilms, all other records kept by electronic, photographic or mechanical.means, and things similar to any of the foregoing.
Each copy of a document which contains any separate notations or writings thereon, and each draft of a document which differs in any way from the final version of the document, shall be deemed to be a separate docu-ment for purposes of these discovery requests.
(Versions of a document which differ in clearly non-substantive and unimportant ways from other versions of the document do not need to be considered a separate document.)
G.
The term " communication" includes every exchange of information by any means.
H.
The term "LILCO" means Long Island Lighting Company, any affiliate, agent, employee, consultant, contractor, technical advisor, representative (including, without limitation, attorneys and accountants and their respective agents and employees), or other person acting for or on behalf of LILCO, or at LILCO's l
direction or control, or in concert with LILCO or assisting LILCO....
i t
I..
The term "Shoreham" means the Shoreham Nuclear Power Station, Unit 1, any part thereof, or any str.ucture, system, component, instrumen'tation, equipment, or materials included in, or intended to be included in Shoreham.
J.
The term " Exercise" refers to the exercise of the LILCO Off-Site Emergency Plan for Shoreham conducted by FEMA on February 13, 1986, and activities at the LILCO EOF and includes the " Medical Drill" held on February 9, 1986.
K.
The term " FEMA Report" refers to the " Post Exercise Assessment of the February 13, 1986, Exercise of the Local Emergency Response Organization (LERO), as specified in the LILCO Transition Plan for the Shoreham Nuclear Power Station, at Shoreham, New York" dated April 17, 1986, by FEMA Region II.
L.
The terms " federal evaluator," " simulator," and
" controller" have the same meaning as set forth in the FEMA Report.
M.
The words "concerning," " concerns" or any other derivative thereof, include referring to, responding to, relating to, pertaining to, connected with, comprising, memorializing, commenting on, regarding, discussing, showing, describing, reflecting, analyzing, supporting, contradicting and constituting.
N.
If the NRC Staff or FEMA objects to or claims a privilege (attorney-client, work product, or otherwise) with respect to any document, in whole or in part, or seeks to with-hold documents or information because of the alleged proprietary 4
a nature of the data, set forth all reasons and the underlying factual basis for the objection or claim of privilege in sufficient detail to permit the Board to determine the validity of your objection or claim of privilege.
This description by the NRC Staff or FEMA should include with respect to any document:
the author, addressor, addressee, recipients of indicated and
" blind" copies, date of preparation, subject matter, purpose for which it was prepared, the use made or proposed to be made of the document, number of pages, attachments or appendices, all persons to whom distributed, shown or explained, present custodian, all persons believed to have a copy of the document, and the nature of the privilege or objection asserted.
For any claim of privilege, set forth precise and certain reasons for preserving the confidentiality of the document.
O.
If any document called for herein has been destroyed, that document is to be identified as in "N"
above.
The NRC Staff or FEMA also is requested to state the date of destruction, place and manner of destruction, persons authorizing destruction and person destroying the document..
P.
Each document request shall be construed to impose upon the NRC Staff or FEMA the continuing obligation to supplement the answer thereto as required by the NRC's Rules of Practice. l
,r.-
8
.Q.
As used herein:
(1)
" Evaluation" means research, investigation, audit, inspection, review, analysis, testing, monitoring, or any other method or form of examining data and/or forming conclusions or recommendations.
(2)
"NRC" or "NRC Staff" means the Nuclear Regulatory Commission and its staff, any division or section or region thereof, any staff member thereof, or any agent, consultant, contractor, technical advisor, employee, or representative (including but not limited to attorneys and accountants and their employees and agents) of the NRC.
(3)
" FEMA" means the Federal Emergency Management Agency and its staff, any division or section or region thereof, any staff member thereof, or any agent, consultant, contractor, technical advisor, employee, or representative (including but not limited to attorneys and accountants and their employees and agents) of FEMA.
DOCUMENTS REOUESTED 1.
The resumes or statements of qualifications of each federal evaluator, simulator, and controller who participated in, or was present during the Exercise or any part thereof.
I 2.
The resumes or statements of qualifications of each person present in the FEMA Command Post during the Exercise or any part.the'reof.
t 3.
All documente and information generated in preparation for, during, or concerning, any of the training sessions and/or meetings attended by federal evaluators, controllers, and simulators on February 11 and 12, 1986.
4.
Unredacted copies of all completed or partially com-pleted, draft or final copies, of " Exercise Critique Forms" pre-pared by any federal evaluators, simulators, controllers, observers or other FEMA or NRC personnel, prior to, during, or subsequent to the Exercise.
5.
Unredacted copies of all completed or partially com-pleted, draft or final copies of " Exercise Objectives Evaluation Forms," prepared by any federal evaluators, simulators, con-trollers, observers, or other FEMA or NRC personnel, prior to, during, or subsequent to, the Exercise.
6.
Complete and unredacted copies of all logs generated or maintained by each and every evaluator, controller, simulator, observer, or other FEMA or NRC personnel, during or subsequent to the Exercise, including all appendices, comments, and summaries which are a part thereof. -
n 7.
All documents and information concerning the Exercise, or concerning roles, functions, duties, or events expected to occur during the Exercise, that were provided by FEMA, the NRC, or LILCO, to federal evaluators, simulators, controllers, observers, members of the Regional Assistance Committee, other FEMA or NRC personnel, or any other persons at any time, prior to the Exercise.
8.
Unredacted copies of all completed or partially-completed, draft or final copies, of all " Exercise Message Forms" generated prior to, during, or subsequent to the Exercise.
9.
Copies of all " Exercise Message Forms" which were prepared for, but not used, during the Exercise.
10.
Unredacted copy of the document entitled "Shoreham Exercise -- Evaluation Assignment / Location Instructions."
11.
All notes, logs, summaries, or other documents, infor-mation, or communications concerning the Exercise prepared by FEMA Ccmmand Post personnel, wherever located, before, during, or after the Exercise.
1.
i 12.
All lists of items to improve the plan and procedures prepared by LERO players or other persons, provided prior to,.
during, or after the Exercise to the federal evaluators, simulators, controllers, or any other FEMA or NRC personnel.
13.
Copies of all progress or other reports, or other information or communications concerning the Exercise made by Bernard Weiss, K. Perkins, C. Sakenas or any other controller, simulator or evaluator, to the FEMA Senior Controller prior to, during, or after the Exercise and all documents concerning such reports.
14.
Copies of all progress and other reports, or other communications made by the FEMA Senior Controller, or any other controller, evaluator, simulator, observer, or other FEMA or NRC personnel, to the FEMA Region II RAC Chairman prior to, during, or after the Exercise and all documents concerning such reports.
15.
Copius of all progress or other reports, or other communications made by any federal evaluator, controller, simulator, team leader, observer, or other FEMA or NRC personnel, to any other federal evaluator, controller, simulator, team leader, observer, or other FEMA or NRC personnel concerning the Exercise, during or after the Exercise. :
i 16.
All documents, including notes, comments, or logs, listing, describing, or commenting upon discu.ssions by con-trollers, evaluators, simulators or observers, with exercise players during the Exercise.
17.
All information, communications, and documents provided to federal evaluators to be used as factual information in developing their evaluations.
18.
All information and documents describing or concerning any communications, during the Exercise, between (a) LILCO controllers, evaluators, observers, or other LILCO personnel or contractors, and (b) federal controllers, evaluators, simulators, observers, or other federal personnel.
19.
All information and documents describing or concerning any communications, during the Exercise, between (a) LILCO controllers, evaluators, observers, or other LILCO personnel or contractors, and (b) exercise players.
20.
All " summaries" including drafts thereof, prepared by each evaluator on the evening of February 13, 1986, or at any other time summarizing his observations of the Exercise.
i,
m - - - - - - - -, -
.m
6 21.
All " Exercise Highlights Summaries," and drafts or portions thereof, prepared by each of the team leaders on the evening of February 13, 1986, or at any other time.
22.
All documents, including narratives, summaries, notes, logs, evaluations, comments, critiques, or reports, concerning the Exercise, prepared by any federal evaluator, simulator, con-troller, observer, or team thereof, or any other FEMA or NRC personnel.
23.
All documents concerning the RAC Chairman's " Critique" of the Exercise, including such critique, and all portions and drafts thereof.
24.
All drafts of the FEMA Report, and all documents, evaluations, comments, summaries or other information which form the bases for any conclusions, assertions, or facts contained in that report or which were used or referred to in preparing that Report.
25.
All documents, including minutes, transcripts, summaries, or notes, concerning any meetings at which the FEMA Report, drafts thereof, or conclusions proposed to be, or actually contained in, that Report, were discussed. - -
26.
All documents, including minutes, transcripts, summaries, or notes, concerning any meetings.at which FEMA evaluations, critiques, or comments on the Exercise, were
~
discussed.
27.
The medical drill scenario.
28.
All correspondence, drafts, and other communications and documents concerning proposed, draft, or actual objectives for the Exercise.
29.
All correspondence, drafts, and other communications and documents concerning the contents, development, revision, approval, or finalization of the Exercise scenario.
30.
All correspondence and other documents concerning the scope of the Exercise.
31.
All correspondence and other documents concerning proposed or any other participants in the Exercise..
b 32.
All correspondence and documents concerning the scope, methodology, and implementation of FEMA's evaluation of Exercise events.
Respectfully submitted,
./
l}
1:,,. rseuc2 0WBvy Lawrence Coe Lanphef Karla J. Letsche Michael S. Miller Susan M. Casey KIRKPATRICK & LOCKHART 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20035 Attorneys for Suffolk County Dated:
October 10, 1986 Washington, D.C.
i DOLKEILD October 19,05986
~86 'OCT 14 P4 :26 UN TED STATES OF AMERICA"-
NUCLEAR REGULATORY COMMISSION OFFICE 0F ttu_ : Ato Beforethe-AtomicSafetyandLicensingEEdhC
)
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 I hereby certify that copies of SUFFOLK COUNTY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS BY THE NRC STAFF AND FEMA have been served on the following this 10th day of October 1986 by U.S.
mail, first class, except as'otherwise noted.
Morton B.
Margulies, Chairman 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 500 C Street, S.W., Room 840 Washington, D.C.
20472 Dr. Jerry R.
Kline Mr. Frederick J.
Shon 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
6 9
Bernard M. Bordenick, Esq.*
Anthony F.
Earley, Jr.,
Esq.
.U.S.
Nuclear Regulatory Comm.
General Counsel Washington, D.C.
20555 Long Island Lighting Company 175 East Old Country Road Hicksville, New York 11801 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 Mr. L.
F. Britt Stephen B. Latham, Esq.
Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power Station 33 West Second Street North Country Road Riverhead, New York 11901 Wading River, New York 11792 Ms. Nora Bredes Docketing and Service Section Executive Director Office of the Secretary Shoreham Opponents Coalition U.S.
Nuclear Regulatory Comm.
195 East Main Street 1717 H Street, N.W.
Smithtown, New York 11787 Washington, D.C.
20555 MHB Technical Associates Hon. Peter Cohalan 1723 Hamilton Avenue Suffolk County Executive Suite K H. Lee Dennison Building San Jose, California-95125 Veterans Memorial Highway Hauppauge, New York 11788 Martin Bradley Ashare, Esq.
Fabian G.
Palomino, Esq.
Suffolk County Attorney Special Counsel to the Governor Bldg, 158 North County Complex Executive Chamber, Rm. 229 Veterans Memorial Highway State Capitol Hauppauge, New York 11788 Albany, New York 12224 David A.
Brownlee Kirkpatrick & Lockhart 1500 Oliver Building Pittsburgh, Pennsylvania 15222
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By Hand 10/10/86 Lawrence Coe Lanpher' By Federal Express 10/10/86 KIRKPATRICK & LOCKHART 1900 M Street, N.W.
Suite 800 Washington, D.C.
20036 Date:
October 10, 1986 l