ML20213F515
| ML20213F515 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 11/10/1986 |
| From: | Zeugin L HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | SUFFOLK COUNTY, NY |
| References | |
| CON-#486-1461 OL-5, NUDOCS 8611140242 | |
| Download: ML20213F515 (15) | |
Text
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ntt.AIEu conatsPONDENcq LILCO, November 10,1986 T J'. M L il :
fins UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'86 NOV 12 A11 :44 0FFl2.
00CKLW s Ff Before the Atomic Safety and Licensing Board BPr e in the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-5
) (EP Exercise)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
LILCO'S SUPPLEMENTAL RESPONSES AND OBJECTIONS TO SUFFOLK COUNTY'S FIRST SET OF INTERROGATOftIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DATED OCTOBER 10,1986 LILCO hereby supplements its October 27, 1986 Responses to Suffolk County's First Set of Interrogatories and Request for Production of Documents dated and served on LILCO on October 10, 1986. Attached to these responses, LILCO provides a list of documents which have been withheld as protected under the attorney-client privilege or the work product doctrine.
ANSWERS AND OBJECTIONS TO INTERROGATORIES l
Suffolk County Interrogatory No. 2 Provide an up-to-date resume of, and all studies, papers, articles, reports, books, and other such documents, published or unpublished, authored or prepared by each of the persons LILCO intends to call as a witness.
l Hgponse: With these respanses, LILCO is providing current resumes for witnesses j
named in response to Suffolk County Interrogatory No.1. The publications of each witness are listed in their resumes.
l 861114024g ggy,39
{DR ADOCK 05000322 PDR C303
4.
Suffolk County Interrogatory No. 3 Identify by date, location and proceeding, all prior testimony before any judicial, administrative, or legislative body, including deposition testimony concerning emer-gency preparedness, including the implementability of emergency preparedness plans and tests or exercises thereof, given by each of the persons LILCO intends to call as a witness.
Response: With these responses LILCO is providing a list of prior testimony for each witness named in LILCO's response to Suffolk County Interrogatory No.1.
Suffolk County Interrogatory No. 4 Provide a copy of the Emergency News Center videotape recorded by LILCO during the Exercise.
Response: LILCO provided the ENC videotapes to Suffolk County on November 5,1986.
Suffolk County Interrogatory No. 5 Provide copies of any other recordings, transcripts, minutes, summaries, or other documents concerning events which occurred during the Exercise.
Response
LILCO provided four cassette tape recordings of local radio station broadcasts from the day of the Exercise to Suffolk County on November 5,1986. The notes of observers referenced in LILCO's previous response to this request are provided with these responses. Summaries of various exercise events prepared by or at the request of LILCO counsel are described in the attached list of " Documents Protected by Attorney-Client Privilege and Work Product Doctrine."
Suffolk County Interrogatory No. 6 Provide the following information with respect to each LILCO-employed LERO worker who participated in the Exercise:
Name;I a.
b.
Position with LILCO; c.
Position with LERO; and d.
Exercise location.
1Should LILCO wish to protect the privacy of individual workers, the County has no objection to LILCO's designating, at this time, the LERO workers by number (or some other means) rather than by name, as was done in the past.
Response: With these responses, LILCO is providing a list of LERO players present at the EWDF on the day of the Exercise.
Because no roster exists, LILCO has reconstructed this list, to the best of its ability, by contacting individually piayers whose names appear on a computer generated list for that facility.
Suffolk County Interrogatory No. 7 Provide:
a.
Copies of any questionnaires, forms, surveys, correspondence or other documents seeking information from Exercise players concerning the Exercise, their participation in it, or in events concerning the Exercise which occurred prior to, during, or af ter the Exercise; and, b.
All responses, or documents, or information received in response to the documents referenced in (a).
i Response: Without waiving its previous objection to the form of the question, LILCO states that relevant, non privileged documents not previously provided are included with these responses.
Suffolk County Interrogatory No. 8 Provide:
a.
Copies of any questionnaires, forms, surveys, correspondence or other documents seeking information from LILCO controllers, evaluators, observers or other LILCO personnel or contractors concerning the Exercise, their participation in it, or in events concerning the Exercise which occurred prior to, during, or af ter the Exercise; and, b.
All responses, or documents, or information received in response to the documents referenced in (a).
Response
Without waiving its prior objections, LILCO states that relevant, non privileged documents not previously provided are included with these responses.
i.
Suffolk County Interrogatory No. 9 Identify every company, organization, group, entity, institution, and individual, other than those identified in item 6, who participated in any way in the Exercise.
With respect to each organization identified, identify the person or persons affiliated with that organization who are knowledgeable concerning that organization's participation in the Exercise.
With respect to individuals identified, identify the organization or entity which they represent or of which they are members.
Response: Without waiving its previous objections, LILCO supplements its October 27, 1986 response to this Interrogatory by identifying additional organizations which participated on the day of the Exercise. These organizations are the American Red Cross, the Nassau Coliseum, the Marine Corps facility in Garden City and the U. S.
Coast Guard.
Suffolk County Interrogatory No.11 Provide copies of all correspondence, questionnaires, or documents:
a.
sent by or on behalf of LILCO to the organizations or individuals identified in response to the previous two interrogatories; and, b.
received from such organizations or individuals, concerning the Exercise.
Response: Without waiving its prior objection, LILCO states that it is providing with these responses all correspondence, questionnaires and documents sent to organizations identified in recponse to Suffolk County Interrogatory No. 9.
Suffolk County Interrogatory No.14 Provide copies of all correspondence to or from, and any other documents or information sent by or on behalf of LILCO to, or received from, FEMA and/or the NRC, or any other federal agency, federal personnel, or contractor thereof, concerning the Exercise.
Response: As noted in LILCO's prior response to Suffolk County Interrogatory No.14, l
LILCO objects to this interrogatory as overly broad, not rhevant, and not reasonably calculated to lead to the discovery of admissible evidence. A number of documents
a.
which are responsive to this request are also responsive to Suffolk County Interrogatories Nos.15 to 18. The objections noted with regard to those interrogatories also apply to this interrogatory. In particular, LILCO believes that pre-Exercise events and correspondence are irrelevant to any admitted contention.
In addition, a number of documents that are responsive to this request were prepared at the direction or request of FEMA officials, employees or its contractors.
As noted in the " FEMA General Response to Suffolk County's First Request for Production of Documents and First Set of Interrogatories to FEMA," FEMA counsel has instructed counsel for LILCO that these documents may not be released without prior review by FEMA.
Finally, some documents that are responsive to this request are protected by the attorney-client privilege.
Without waiving any objections previously noted, LILCO states that the following SNRC letters, which have been served on all parties, are responsive to this request:
SNRC - 1228, dated January 10,1986 SNRC - 1269, dated June 20,1986 SNRC - 1270, dated June 20,1986 SNRC - 127'i, dated September 3,1986 l
l Suffolk County Interrogatory No. 24 For each activity identified in response to Interrogatory 22, provide all documents concerning the activity.
l Response: On November 5,1986, LILCO produced to Suffolk County, for inspection and designation for copying, relevant, non privileged documents responsive to this request.
i At that time, LILCO explained orally that certain post-exercise drill generated player documents (4, Emergency Event Status Forms, EBS messages, LERO message forms)
I l
{
l l
o.
had been destroyed without the knowledge of LILCO's counsel. LILCO also explained that the files had been frozen on October 29, 1986 to prevent delay and confusion in making these documents available.
LILCO will supplement its responses with documents dated af ter October 29,1986 in accordance with NRC rules of practice.
Included in the documents which are responsive to this request are individual training files for each of the 2,500 LERO players; these files fill eight four-drawer file cabinets.
Within these files only the post-Exercise training review exercises are relevant. These post-Exercise training review exercises are not quickly and easily segregable from the rest of the materials in these files. Therefore, Suffolk County and 4
LILCO agreed that review of these documents would take place in the following way:
j Representative files for each of the 67 LERO positions were provided to Suffolk County on November 5,1986 for their review. LILCO also prepared a list of LERO workers, identified by employee number and LERO position from which Suffolk County could select additional individual player files. Suffolk County designated the 67 represent-ative files for copying on November 5, but did not designate any additional files for copying at the November 5 document production.
Pursuant to a later agreement between counsel for Suffolk County and for LILCO, Suffolk County will have one additional week from the date of receipt of the 67 files in which to designate additional files for copying. The list of LERO workers will be available in Hunton & Williams' Washington office for Suffolk County to select additional individual players files during the one week period which ends on November 18, 1986. After November 18,1986, the production of documents relevant and responsive to this interrogatory will be complete
'and closed.
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i Suffolk County Interrogatory No. 25 Provide copies of any evaluations, critiques, reviews and/or analysis and summaries concerning the adequacy, effectiveness, or appropriateness of performance of exercise players during the Exercise, other than the April 17, 1986 FEMA Post Exercise Assessment Report.
Response: Relevant, non privileged documents not previously provided are included with these responses.
Suffolk County Interrogatory No. 27 Provide copies of all documents concerning the Exercise prepared by the persons identified in response to the prior Interrogatory prior to, during, or af ter the Exercise.
Response: There are no controller messages other than those contained in the Exercise scenario and in the off-site documents which have already been provided to Suffolk County. Observer forms responsive to this request have already been provided in response to Suffolk County Interrogatory No. 8. All other documents responsive to this request are listed in " Documents Protected by Attorney-Client Privilege and Work Product Doctrine."
Suffolk County Interrogatory No. 31 Provide copies of all documents concerning the Exercise prepared by the persons identified in response to the previous Interrogatory prior to, during, or af ter the Exercise.
Response: The documents prepared by LILCO observers (other than legal personnel) have already been provided or withheld under objection in responses to Suffolk County Interrogatory No. 8.
Documents withheld as privileged are described in the attached list of " Documents Protected by Attorney-Client Privilege and Work Product Doctrine."
i.
Suffolk County Interrogatory No. 32 Provide all lists of items to improve the plan and procedures prepared by LERO players or other persons, provided prior to, during, or af ter the Exercise, to any LILCO or federal:
a.
evaluators; b.
simulators; c.
controllers; d.
Other personnel.
Response
Without waiving its prior objection, LILCO states that relevant, non privileged documents not previously provided are included with these responses.
Leb B. Zeu
(/
Donald P. Irwin Lee B. Zeugin Jessine A. Monaghan Karen L. Donegan HUNTON & WILLIAMS P.O. Box 1535 707 East Main Street Richmond, Virginia 23212 November 10,1986 i
e Attachment Documents Protected by Attorney-Client Privilege and Work Product Doctrine The following documents were withheld from production in response to Suffolk County's First Set of Interrogatories and Request for Production of Documents dated October 10,1986.
1.
Attorney Notes By:
Jessine A. Monaghan, Esq.
Date:
February 13,1986 Re:
Notes taken by attorney during the FEMA Exercise for use in preparing for litigation Custodian:
Hunton & Williams Recipients:
None Privilege:
Work product 2.
Attorney Notes By:
Lee B. Zeugin, Esq.
Date:
February 13,1986 Re:
Notes taken by attorney during the FEMA Exercise 4
(on the back of an observer form) and notes summarizing the observations of other personnel from Hunton & Williams for use in l
preparing for litigation Custodian:
Hunton & Williams Recipients:
None Privilege:
Work product 3.
Attorney Notes By:
Kathy E.B. McCleskey, Esq.
Date:
February 13, 1986 Re:
Notes taken by attorney during the FEMA Exercise (on the back of an observer form) for use in j
preparing for litigation
^
Custodian:
Hunton & Williams Recipients:
None Privilege:
Work product 4.
Attorney Notes By:
R. Adeeb Fadil, Esq.
j Date:
February 13, 1986
.i Re:
Notes taken by attorney during the FEMA Exercise j
for use in preparing for litigation Custodian:
Hunton & Williams Recipients:
None Privilege:
Work product 4
}
5.
Notes By:
Deborah Lassiter Date:
February 13,1986 Re:
Notes taken during the FEMA Exercise by Hunton & Williams personnel at the direction of an attorney for use in preparing for litigation Custodian:
Hunton & Williams Recipients:
None Privilege:
Work product 6.
Attorney Notes By:
Scott D. Matchett, Esq.
Date:
February 13,1986 Re:
Notes taken by attorney during the FEMA Exercise for use in preparing for litigation Custodian:
Hunton & Williams Recipients:
None Privilege:
Work product 7.
Attorney Notes By:
Joseph D. Fay, Esq.
Date:
February 13,1986 Re:
Notes taken by attorney during the FEMA Exercise for use in preparing for litigation Custodian:
Hunton & Williams Recipients:
None Privilege:
Work product 8.
Attorney Notes By:
J. Mark Barnes, Esq.
Date:
February 13,1986 Re:
Notes taken by attorney during the FEMA Exercise for use in preparing for litigation Custodian:
Hunton & Williams Recipients:
None Privilege:
Work product 9.
Attorney Notes l
By:
David Rees Davies, Esq.
l Date:
February 13,1986 Re:
Notes taken by attorney during the FEMA Exercise for use in preparing for litigation i
Custodian:
Hunton & Williams Recipients:
None Privilege:
Work product l
. o 10.
Notes By:
Nancy Saylor Date:
February 13,1986 Re:
Notes taken during the FEMA Exercise by Hunton & Williams personnel at the direction of an attorney for use in preparing for litigation Custodian:
Hunton & Williams Recipients:
None Privilege:
Work product 11.
Attorney Notes By:
James N. Christman, Esq.
Date:
February 13,1986 Re:
Notes taken by attorney during the FEMA Exercise for use in preparing for litigation Custodian:
Hunton & Williams Recipients:
None Privilege:
Work product 12.
Memorandum Dy:
Brant Aldikoff Date:
April 23,1986 Re:
Dispatch of General Population Buses at Patchogue Staging Area During the February 13,1986 FEMA Exercise Custodian:
LERO file Hunton & Williams Recipients:
John A. Weismantle C. A. Daverio W. F. Renz L. B. Zeugin LERO File Privilege:
A ttorney-Client Work product 13.
Notes of Meeting By:
Anonymous Date:
October 28,1986 Re:
Impact of December Drills on Exercise Litigation Custodian:
Hunton & Williams Recipients:
None Privilege:
Attorney-Client Work product 14.
Timeline By:
Dennis Behr Date:
Undated Re:
Summary of events occurring in the FEMA Command Cell on February 13, 1986: Involving the Policy of Availability of County Resources for Emergency Response Activities vs. Normal Duty Activities produced at direction of counsel in anticipation of litigation
Custodian:
Hunton & Williams LERO file Recipients:
Lee B. Zeugin, Esq.
LERO file Privilege:
A ttorney-client Work product 15.
Memorandum To:
Charles A. Daverio From:
Ron Markovich Date:
March 5,1986 Re:
Summary of General Population Bus Driver Activity for the February 13 Exercise prepared at direction of counselin anticipation of litigation Custodian:
Hunten & Williams LERO file Recipients:
Jolm A. Weismantle Lee B. Zeugin, Esq.
Privileges:
Attorney-Client Work product 16.
Memorandum To:
Charles A. Daverio From:
Ron Markovich Re:
Patchogue Bus Drivers Observed By FEMA -
prepared at direction of counsel in anticipation of litigation Custodian:
Hunton & Williams LERO file Recipients:
John A. Weismantle Lee B. Zeugin, Esq.
Privilege:
Attorney-Client Work product 17.
Three Timelines for Roadway Impediments By:
Jessine A. Monaghan, Esq.
Lee B. Zeugin, Esq.
Dates:
February 14,1986 February 26,1986 March 11,1986 Re:
Timelines for Road Impediments Custodian:
Hunton & Williams LERO file Recipients:
LERO file Privilege:
Work product 18.
Summaries of Player Interviews By:
Anonymous Date:
Undated Re:
Summary of Player Interviews to Resolve Ability of Reception Center Operations to Handle 95,000 Evacuees Custodian:
Hunton & Williams LERO f fles
4.
Recipients:
Hunton & Williams Privilege:
A ttorney-Client Work product 19.
Timeline By:
Scott D. Matchett, Esq.
Date:
Approximately April 3,1986 Re:
Timeline for Interactions with County and State Simulators Custodian:
Hunton & Williams LERO file Recipients:
LERO flie Privilege:
Work product 20.
Interview Notes By:
Lee B. Zeugin, Esq.
Date:
Undated Re:
Notes of interviews with players Custodian:
Hunton & Williams Recipients:
None Privilege:
Attorney-Client Work product 21.
Facility Summaries By:
LILCO observers Date:
undated (subsequent to February 13, 1986)
Re:
Summaries, by facility, of the events observed by LILCO observers prepared at the direction of counsel in anticipation of litigation Custodian:
Ilunton & Williams Recipients:
None Privliege:
Work product l
LILCO, November 10, 1986
%tAItu coRRESPONDENCg s
COLME T U mc CERTIFICATE OF SERVICE
~86 NOV 12 All :44 In the Matter of LONG ISLAND LIGHTING COMPANY 0FFtt U.
(Shoreham Nuclear Power Station, Unit 1) 00CKE7j,s.3 m en Docket No. 50-322-OL-5 I hereby certify that copies of LILCO'S SUPPLEMENTAL RESPONSES AND OBJECTIONS TO SUFFOLK COUNTY'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DATED OCTOBER 10,1986 were served this date upon the following by Federal Express as indicated by an asterisk, or by first-class mail, postage prepaid.
John H. Frye, III, Chairman Atomic Safety and Licensing i,
Atomic Safety and Licensing Board Panel Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 East-West Towers 4350 East-West Hwy.
Bernard M. Bordenick, Esq.
Bethesda, MD 20814 Oreste Russ Pirfo, Esq.
Edwin J. Reis, Esq.
Dr. Oscar H. Paris U.S. Nuclear Regulatory Commission Atomic Safety and Licensing 7735 Old Georgetown Road Board (to mallroom)
U.S. Nuclear Regulatory Commission Bethesda, MD 20814 East-West Towers 4350 East-West Hwy.
Herbert H. Brown, Esq.
- Bethesda, MD 20814 Lawrence Coe Lanpher, Esq.
Karla J. Letsche, Esq.
Mr. Frederick J. Shon Kirkpatrick & Lockhart Atomic Safety and Licensing Eighth Floor Board 1900 M Street, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C. 20036 East-West Towers, Rm. 430 4350 East-West Hwy.
Fabian G. Palomino, Esq.
- Bethesda, MD 20814 Richard J. Zahnleuter, Esq.
Special Counsel to the Governor Secretary of the Commission Executive Chamber Atiention Docketing and Service Room 229 Section State Capitol U.S. Nuclear Regulatory Commission Albany, New York 12224 1717 H Street, N.W.
Washington, D.C. 20555 Mary Gundrum, Esq.
Assistant Attorney General Atomic Safety and Licensing 120 Broadway Appeal Board Panel Third Floor, Room 3-116 U.S. Nuclear Regulatory Commission New York, New York 10271 Washington, D.C. 20555
8 Spence W. Perry, Esq.
Ms. Nora Bredes William R. Cumming, Esq.
Executive Coordinator Federal Emergency Management Shoreham Opponents' Coalition Agency 195 East Main Street 500 C Street, S.W., Room 840 Smithtown, New York 11787 Washington, D.C. 20472 Gerald C. Crotty, Esq.
Mr. Jay Dunkleberger Counsel to the Governor New York State Energy Office Executive Chamber Agency Building 2 State Capitol Empire State Plaza Albany, New York 12224 Albany, New York 12223 Martin Bradley Ashare, Esq.
Stephen 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 Riverhead, 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 New York, New York 10278 Jonathan D. Feinberg, Esq.
New York State Department of i
Public Service, Staff Counsel Three Rockefeller Plaza Albany, New York 12223 f
Ede B.Zeug g
Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: November 10,1986 I
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