ML20212D040

Response Opposing Licensee 861201 First Request for Admission & Third Set of Interrogatories Re Timeline of Recorded Exercise Events & Communications.Certificate of Svc Encl.Related Correspondence

ML20212D040
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	12/22/1986
From:	Latham S, Letsche K, Keith Miller, Mark Miller, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTH HAMPTON, NH, SUFFOLK COUNTY, NY, TWOMEY, LATHAM & SHEA
To:	Atomic Safety and Licensing Board Panel
References
CON-#486-2045 OL-5, NUDOCS 8612310260
Download: ML20212D040 (6)

Text

. . -- ..

y, I .

1 v ,

lO . b /( t '_ i

![g , f.

HELATED CORRf.SPONDEfgt

, t- <

00LKETED, s v UWC, December 22;'1986 0 e

'36 DEC 30 R2:20 i '

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,

ufTs: - _. ..

sV.

Before the Atomic Safety and Licensina BgA [ 0P'U k c,# M ,

. i,

) j.

3 In the Matter of ) ,

) . .<  ! j-LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-5 , '

) (EP.Exarcise)

(Shoreham Nuclear Power Station, )

Unit 1) )

) E RESPONSE OF SUFFOLK COUNTY, THE STATE OF NEW YORK,.

AND THE TOWN OF SOUTHAMPTON TO LILCO'S FIRST REQUESf; FOR ADMISSIONS AND THIRD SET OF INTERBOG4 TORIES

~

t' On December 1, 1986 LILCO filed a document entitled "LILCO's First Request for Admissions and Third Set of Interrogatories Directed to Suffolk County, New York State, and the Town of Southampton" (hereafter, " Request for Admissions"). The Request S for Admissions consisted primarily of a request that "Intervenors admit or deny . . . as to each and every entry on the attached timeline, that LILCO's Timeline of Exercise Events accurately' states the exercise events and communications recorded in,LERO player logs and messages." The referenced ' attached timeline" consisted of 278 pages, each page containing an average of tren ~

entries, each of which purportedly summarized writ;.ngs coritained on message forms and logs generated by LILCO players during the February 13, 1986 Exercise.

i 8612310260 861222

\\

Ji

PDR ADOCK 05000322 G PDR

Following receipt of the Request for Admissions, counsel for Suffolk County engaged in discussions with counsel for LILCO in an effort to reach an agreement, by way of stipulation or other-wise, to avoid unnecessary disputes during trial concerning the authenticity of Exercise documents and the times at which Exer-cise events of relevance to admitted contentions occurred or were simulated to have occurred. Discussions may continue concerning such effcrts, but to date counsel has not yet reached an agree-ment on these subjects. Accord.ingly, the Governments respond as follows to LILCO's Request for Admissions.

Counsel for LILCO has represented that the entries set forth in LILCO's 278 page "timeline" are a " compilation," prepared by secretaries in the effice of Hunton & Williams, of message forms and logs prepared by LERO players during the February 13 Exer-cise. The Governments received what purports to be a complete set of all such messages and logs generated during the Exercise from LILCO, and admit that such documents were in fact prepared by the LERO players indicated on such documents during the Exercise and that the notations contained in such documents were made at approximately the times indicated on the documents that they were made. Based upon representations by LILCO's counsel t

that the set of documents provided to the Governments are a complete set of documents generated during the Exercise, the Governments also admit that to the best of their knowledge, there are no other documents generated by LERO players during the Exercise reflecting events that occurred during the Exercise.

/

_ _ _ _ _ _______ _ _J

.v e

- 1 h

• ' \

s ,

~'-

l The Governments are also willing to stipulate and reach agreement with.the other parties upon a set of Exercise-generated documents upon which all parties could draw in connection with the Exercise litigation, to avoid the need for multiple copies of similar or the same messages or logs in prefiled testimony or for use during cross examination.

Beyond the above statements, the Governments are unable to respond to LILCO's Request for Admissions. The 278 pages of summaries of Exercise generated documents are not only volumi-nous, but they purport to cover huge numbers of Exercise messages and references that have no relevance to ad'itted m contentions or matters in controversy. In addition, because the entries in the LILCO "timeline" are very brief summaries of, in some cases, detailed or lengthy notations on Exercise documents, the Governments cannot agree to the characterizations contained in such summaries. Furthermore, since many of the referenced

" events" in Exercise generated documents in fact never happened ,

at all, but instead were simulated, or reflect LILCO-generated assumptions, or " events" that were " pretended" by Exercise players during the Exercise, the Governments clearly cannot

" admit" that so-called " events," mentioned in Exercise players' documents, occurred at the times noted, as LILCO requests.

\

Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788

L ,

I, -

~

Karla J. Letsche

. Michael S. Miller Geoffrey R. Kors KIRKPATRICK & LOCKHART 1800 M Street, N.W.

South Lobby - 9th Floor Washington, D.C. 20036-5891 Attorneys for Suffolk County E</S b che/Mse Fabian G. Palomino / ' ' ' '

Special Counsel to the Governor of the State of New York Executive Chamber, Room 229 Capitol Building Albany, New York 12224 1 Attorney for Mario M. Cuomo, Governor of the State of New York I * -

/l36f9f Stephen B. Latham / /

Twomey, Latham & Shea P.O. Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of Southampton

( Dated: December 22, 1986 i

l

.., . . _ . 4..-.._ _ . _ _ _ _ _ , _ .

DOC KE, T E

.h DecemberE2 EEriSGs Pl2 :20 UNITED STATES OF AMERICA f0CNf% ;I a$.f NUCLEAR REGULATORY COMMISSION NU N:"

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 Stau_on, )

Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON RESPONSE TO FEMA MOTION TO BIFURCATE PROCEEDING AND REQUEST EARLY CONSIDERATION OF CONTENTION EX 19 and RESPONSE OF SUFFOLK COUNTY, THE STATE OF NEW YORK, AND THE TOWN OF SOUTHAMPTON TO LILCO'S FIRST REQUEST FOR ADMISSIONS AND THIRD SET OF INTERROGATORIES have been served on the following this 22nd day of December, 1986 by U.S. mail, first class, except as otherwise noted.

John H. Frye, III, Chairman Dr. Oscar H. Paris 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 J. 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 Agenc 500 C Street, S.W., Room 840 Washington, D.C. 20472 1

i Anthony F. Earley, Jr., Esq. Bernard M. Bordenick, Esq.

General Counsel U.S. Nuclear Regulatory Commission Long Island Lighting Company Washington, D.C. 20555 175 East Old Country Road Hicksville, New York 11801 Mr. William Rogers W. Taylor Reveley, III, Esq.*

Clerk Hunton & Williams i

Suffolk County Legislature P.O. Box 1535 Suffolk County Legislature 707 East Main Street Office Building Richmond, Virginia 23212 Veterans Memorial Highway i 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 i

San Jose, California 95125 Veterans Memorial Highway Hauppauge, New York 11788 l

Martin Bradley Ashare, Esq. Fabian G. Palomino, Esq.

i 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, Esq. Mr. Philip McIntire 2

Kirkpatrick & Lockhart Federal Emergency Management 1500 Oliver Building Agency Pittsburgh, Pennsylvania 15222 26 Federal Plaza New York, New York 10278

• By Federal Express Michael S. Miller KIRKPATRICK & LOCKHART 1800 M Street, N.W.

South Lobby - 9th Floor Washington, D.C. 20036-5891 i

. - . _ _ . _ , . . . - _ _ . - _ _ _ _ - . . . _ . , . _ . . . _ . . _ . _ _ . . . . _ . _ . . _ . _ _ _ _ _ . _ . _ _ . . _ _ . _ . _ . . _ . - _ . . . . _ _ . .