ML20214P386
| ML20214P386 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 11/26/1986 |
| From: | Cumming W Federal Emergency Management Agency |
| To: | SUFFOLK COUNTY, NY |
| References | |
| CON-#486-1709 OL-5, NUDOCS 8612040180 | |
| Download: ML20214P386 (6) | |
Text
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UNITED STATES OF AMERICA hskt NUCLEAR REGULATORY COMMISSION
~86 - DEC -1 A10 :59 Before the Atomic Safety and Licensing Board' CFFICE LT h
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00ChElmy & Jif VUI BRANA
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In the Matter of
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LONG ISLAND LIGHTING COMPANY
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Docket No. 50-322-OL )
(EP Exercise)
(Shoreham Nuclear Power Station,~ Unit 1)
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)
FEMA'S SUPPLEMENTAL RESPONSE TO SUFFOLK COUNTY'S FIRST SET OF INTERROGATORIES TO FEMA BASED ON THE NOVEMBER 19. 1986. ORDER OF THE BOARD I.
FEMA supplements its answer to Interrogatory #1 as follows:
The panel of FEMA witnesses is not modified based on the Board's_ November 18th Order since FEMA understands this proceeding to require FEMA to provide expert witnesses.in support of its April 17, 1986, Post Exercise Assessment.
Personal knowledge of specific events the day of the exercise is not required.
As noted in Lona-Island Liahting Co. (Shoreham Nuclear Power Station, unit 1),-
ALAB-773, 19 NRC 1333, 1346 (1984), "It is also important to place in perspective the significance of the_ FEMA findings: First of all, it is the ultimate institutionti findings and determinations by FEMA, not the predecisional opinions of various members of the RAC, that are centrally importnat. Moreover, although these findings constitute a rebuttable presumption under the Commission's regulations, the applicant bears the ultimate burden of demonstrating that the emergency plans are satisfactory..
Cf. Southern California Edison Co. (San Onofre Nuclear Generating Station, Units 2 and 3), ALAB-717, 17 NRC 346, 365-68 (1983) (collegial document requires sponsoring witness who need not be the author).
^
II.
FEMA supplements its answer to Interrogatory #9 as follows:
The answer with respect to FEMA personnel was comprehensive and remains unmodified. Based on the deposition of Edward Tanzman of Argonne Lab on November 25, 1986,(Copy of transcript not yet available) FEMA supplements its answer with the deposition of Mr. Tanzman which comprehensively discussed the indiviauals concerned within the Argonne organization.
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tv III.
FEMA supplements is response to Interrogatory #10 and #11 as follows:
The subject of these Interrogatories was comprehensively discussed-In hearings before Congressman Edward Markey of the United States House of Representatives. All documents that exist concerning those hearings, not otherwise available in the public record of the hearings have been provided to the Intervenors. Counsel for FEMA has diligently searched and no other documents are available.
Persons with some direct personnel knowledge of the resignation of. Frank Petrone and his statemnet during the post exercise press conference include Spence Perry, Samuel Speck, Frank Petrone, Julius Becton, Dave McLoughlin, Howard Schmidt, Philip McIntire, Roger Kowieski, and Stewart Glass..
IV.
FEMA supplements its repsonse to Interrogatory #17 and # 18 as follows: All documentation concerning the subject of these interrogatories has been furnished unless objected to or privileged. FEMA will separately file appropriate documentation asserting that privilege.
Respectful 1y Submitted, k
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William R. Cumming Counsel for FEMA Dated November 26, 1986 Washington, D.C.
A ty MEDRMESPO!Mtigt.
00LkETEI-UNITED STATES OF AMERICA uinPC NUCLEAR REGULATORY COMMISSION 1B6 DEC -1 NO 59 BEFORE THE ATOMIC' SAFETY AND LICENSING BOARD 6FFICE of n C Ah Y 00CKii!SG A d?V f1 In the Matter of
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ERANCH
)
LONG ISLAN0' 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 " FEMA'S SUPPLEMENTAL RESPONSE TO SUFFOLK COUNTY'S FIRST SET OF INTERROGATORIES TO FEMA BASED ON THE NOVEMBER 19, 1986, ORDER OF THE BOAR 0" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or by hand delivery as indicated by double asterisk, this 27th day of November, 1986:
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 Commission State Capitol Washington, D.C.
20555 Albany, NY 12224 Oscar H. Paris W. Taylor Reveley III, Esq.
Administrative Judge Hunton & Williams Atomic Safety and Licensing Board 707 East Main Street U.S. Nuclear Regulatory Commission P.O. Box 1535 Washington, D.C.
20555 Richmond, VA 23212 Frederick J. Shon 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
I. ' Stephen B. Latham, Esq.
John F. Shea, III, Esq.
Herbert H.. Brown, Esq.**
i Twomey,-Latham & Shea Lawrence Coe Lanpher, Esq.
Attorneys at Law Karla J. Letsche, Esq.
P.O. Box 398 Kirkpatrick & Lockhart 33 West Second Street 1900 M Street, N.W.
Riverhead, NY 11901 8th Floor Washington, D.C.
20036 Atomic Safety and Licensing Board Panel Joel Blun, Esq.
U.S. Nuclear Regulatory Commission Director, Utility Intervention Washington, D.C.
20555 NY State Consumer Protection Board Suite 1020 Atomic Safety and Licensing 99 Washington Avenue Appeal Board Panel Albany, NY 12210 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Monroe Schneider North Shore Committee P.O. Box 231 Docketing and Service Section Wading River, NY 11792 Office of the Secretary U.S. Nuclear Regulatory Commission Philip H. McIntire l
Washington, D.C.
20555 Federal Emergency Management Agency l
26 Federal Plaza l
Spence Perry, Esq.**
New York, New York 10278 General Counsel, Rm. 840 Federal Emergency Management Agency 500 C Street, S.W.
Washington, D.C.
20472 Robert Abrams, Esq.
Attorney General of the State Gerald C. Crotty, Esq.
of New York Ben Wiles, Esq.
Attn: Peter Bienstock, Esq.
Counsel to the Governor Department of Law Executive Chamber State of New York State Capitol Two World Trade Center Albany, NY 12224 Room 46-14 New York, NY 10047 Anthony F. Earley, Jr., Esq.
MHB Technical Associates General Counsel 1723 Hamilton Avenue Long Island Lighting Company Suite K 250 Old County Road San Jose, CA 95125 Mineola, NY 11501 Hon. Peter Cohalan Martin Bradley Ashare. Esq.
Suffolk County Executive Suffolk County Attorney County Executive / Legislative Bldg.
H. Lee Dennison Building Veteran's Memortal Highway Veteran's Memorial Highway Hauppauge, NY 11788 Hauppauge, NY 11788
Mr. Jay Dunkleberger Ms. Nora Bredes New York State Energy Office Shoreham Opponents Coalition Agency Building 2 195 East Main Street Empire State Plaza Smithtown, NY 11787 Albany, New York 12223 Ellen Blackler Mr. Robert Hoffmnan New York State Assembly Ms. Susan Rosenfeld Energy Committee Ms. Sharlene Sherwin 626 Legislative Office Building P.O. Box 1355 Albany, NY 12248 Massapequa, NY 11758 Brookhaven Town Attorney Bernard M. Bordenick, Esq.
475 E. Main Street Maryland National Bank Building Patchogue, NY 11772 Rm. 9604 Washington, DC 20555 f
ec = = ^ ]
Hilliam R. Cumming
,/
Federal Emergency Management rgency
Federal Emergency Management Agency Washington, D.C. 20472 November 27, 1986 HAND DELIVERED Michael S. Miller, Esq.
Kirkpatrick & Lockhart 1900 H. Street, N.W.
Washington, D.C. 20036 Re: Shoreham Discovery
Dear Mr. Miller:
Under cover of this letter, FEMA is furnishing you with all pre-exercise documents that have not previously been served. Although in various filings, the Intervenors have conceded the lack of relevancy of the pre-exercise period to the events the day of the exercise, unless the Board's Order of October 3, 1986, is substantially modified, the pre-exercise period may be at issue.
Obviously, LILCO only documents have not been furnished and your recourse lies against LILCO for their documents. Documents involving conversations between FEMA and LILCO personnel do not exist to my knowledge, or if they exist FEMA does not have them.
Documents that FEMA has produced in redacted form responsive to your document production requests, other than the Exercise Evaluator Critique Forms, and the various materials utilized to compile the March 12th, April 7th, and April 17th version of the PEA, we are willing reconsider unredacted production with the exception of LER0 or LILCO personnel. Those documents that were previously produced to you with the redaction of FEMA evaluator or controller names should be identified specfically by you and they will be reconsidered for full release. Once the Botrd has reconsidered its October 3, 1986, Order, a complete reevaluation of all non-released documents will be conducted within 5 days, and further materials may be released to you based on that review.
Sincerely, 8,
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William R. Cumming CC:
Service List