ML20234C667
| ML20234C667 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 01/04/1988 |
| From: | Mark Miller KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | Federal Emergency Management Agency, NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#188-5281 OL-3, NUDOCS 8801060290 | |
| Download: ML20234C667 (16) | |
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DOCKETED inHHC January 4, 1988 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION F ICE vr m;;t gg-Before the Atomic Safety and Licensina Boar
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In the Matter of
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Docket No. 50-322-OL-3 LONG ISLAND LIGHTING COMPANY
)
(Emergency Planning)
)
(Shoreham Nuclear Power
)
Station, Unit 1)
)
)
SUFFOLK COUNTY'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO THE NRC STAFF AND FEMA The Board's December 30, 1987 Memorandum and Order announced the opening of a discovery period on LILCO's Contention 25.C schools evacuation proposal.
Pursuant to 10 CFR SS 2.720(h)(2)(ii),
2.740b, 2.741, and 2.744, and in accordance with the Definitions and Instructions attached hereto, Suffolk County hereby requests the NRC Staff and FEMA to answer separately and fully, under oath, each of the interrogatories set forth below, and to produce for inspection and copying, at the offices of Kirkpatrick & Lockhart, the documents specified below that are within the possession, custody, or control of the NRC Staff or FEMA.
INTERROGATORIES AND DOCUMENT REOUESTS 1.
Identify each person whom FEMA and/or the NRC Staff expects to call as an expert or non-expert witness during the e010ggg{0ggf0 g2 g$h G
4 remand proceeding on Contention 25.C and state the subject matter on which each is expected to testify.
2.
Describe the employment history, educational background, experience, and professional qualifications of each person identified in response to Interrogatory 1.
3.
Identify by date, location and proceeding, all prior testimony before any judicial, administrative, or legislative body, including deposition testimony, concerning emergency preparedness, including the implementability of emergency preparedness plans and, in particular, protective actions for school children, given by each of the persons identified in response to Interrogatory 1.
4.
Identify all NRC Staff or FEMA personnel, and all members of the FEMA Regional Assistance Committee, including consultants thereto, who have reviewed or participated in any way in activities ccncerning LILCO's schools evacuation proposal (including, without limitation, preparation, review, negotiations or approval of LILCO's proposal; preparation or review of the recruitment, qualifications or training of LILCO employees relied upon by LILCO to implement its schools evacuation proposal; or discussions concerning LILCO's schools evacuation proposal), and with respect to each, describe such participation and activities.
5.
Identify all NRC Staff or FEMA personnel, and all members and Chairmen of the FEMA Regional Assistance Committee, including consultants thereto, who are expected to participate in the review of LILCO's schools evacuation proposal, and state when such review is to take place.
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I 6.
Identify every agency, organization, group, entity, institution, and individual, other than those identified in Interrogatory 4, who participated in, reviewed, discussed, or received correspondence or documents concerning LILCO's schools 1
evacuation proposal.
With respect to each organization i
l identified, identify the person or persons affiliated with.that organization who are knowledgeable.concerning that organization's participation or activities, and describe such. participation and activities.
With respect to individuals identified, identify the organization or entity which they represent or of which they are members, and describe their participation and activities.
7.
Provide copies of all documents, including correspondence and drafts:
(a) sent by or on behalf of the NRC Staff or FEMA to any person and relating to LILCO's schools evacuation proposal; and (b) received from any person concerning LILCO's schools evacuation proposal.
8.
Provide copies of all correspondence to or from, and any other documents or information sent by or on behalf of the NRC Staff or FEMA, to, or received from, LILCO, or any federal agency, 1
federal personnel, or contractor.thereof, concerning LILCO's i
schools evacuation proposal.
9.
Provide copies of any documents of any kind relating to LILCO's schools evacuation proposal and not previously produced, including, by way of example only, drafts, notes, and _ _ _ _ _ _ _ _ _ _ _ _ _, _ _ _ - _ _ _ - _ _ _ - _ _ - _ _ _ _ _ _ _ _ _ _ _
O correspondence, whether produced or generated by the NRC Staff, FEMA, LILCO, LERO, or others.
Respectfully submitted, i
E. Thomas Boyle Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 74 /Jd' &
Michael 5. Miller J.
Lynn Taylor KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 Attorneys for Suffolk County I. _a.-
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Attachment DEFINITIONS AND INSTRUCTIONS FOR ANSWERING INTERROGATORIES AND DOCUMENT PRODUCTION A.
Wherever appropriate, the singular form of a word shall be interpreted as plural and vice versa.
B.
"And" as well as "or" shall be construed either disjunctively or conjunctively as necessary to bring within 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, concepts and formulae.
F.
The term " document" means any tangible thing from or on which information can be stored, recorded, processed, transmitted, inscribed, or memorialized in any way by any means regardless of technology or form and including but not being limited to:
papers, books, accounts, newspaper and magazine articles, letters, photographs, objects, tangible things, correspondence, telegrams,
1 1
cables, telex messages, memoranda, notes, notations, work papers, drawings, blueprints, plans, specifications, manuals, procedures, transcripts, minutes, reports and recordings of telephone or other conversations, or of interviews, or of conferences, or of other meetings, occurrences, or transactions, affidavits, transcripts of f
depositions or' hearings, statements, summaries, opinions, reports, I
tests, experiments, analyses, evaluations, contracts, agreements, ledgers, journals, books or records of account, receipts, j
statistical records, desk calendars, appointment books, diaries, j
t 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 document 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" or "LILCO personnel" means Long Island Lighting Company, and 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, '
F or at LILCO's direction or control, or in concert with LILCO or assisting LILCO.
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I.
The term "Shoreham" means the Shoreham Nuclear Power Station, Unit 1, any part thereof, or any structure, system, component, instrumentation, equipment, or materials included in, or intended to be included in, Shoreham.
l J.
The words "concerning," " concerns" or an ' other derivative'thereof, include referring to, responding to, relating to, pertaining to, connected with, comprising, memorializing, commenting on, regarding, discussing, showing, describing, s
reflecting, analyzing, supporting, contradicting and constituting.
.!i K.
Whenever in the interrogatories there is-a, request to identify a person that is a natural person, set fo th:
(1) his name; (2) his last known residence address; (3) his last known business address; (4) his last known employer; (5) his title or position; (6) his areas of responsibility;
)
(7) his business, professional, or other relationship with the NRC, or FEMA, or LILCO; and (8) if any of the above information has changed subsequent to the time period referenced in a particular interrogatory, set forth in the answer, and label appropriately, current informationJu3 well as the information applicable to the time referenced in the interrogatory. - - _ _ _ _ _ _ _ _ _ _ _
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4 Whenever in the. interrogatories there is a requeat to L.
identify a person that is pot a natur.al person, state:
(1) the. full ndme of such. person; r.
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(2) the nature or form'of such person, if known:
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(3) theaddress!ofJitsprih,hilpalplaceofbusiness.or b
D, the principal place whhra such person is to be u3
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i ds (4) whether tfe NRC, or FEMA, or LILCO has or has had any relati.onship or affill tion with such person, its affiliates or subsidiaries, and, if so, a s
description of such relationship; and i
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(5) ifjany of the above information has changed nubsequent to the time period referenced in a particular interrogatory, set forth in the answer, is and label appropriately, current information as well as the information applicable to the time referenced in the in'terrogatory.
M.
Whenever in the interrogatories there is a request to f
identify or describe a document:p i/
j6 (1) set forth:
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?4 (a) the date c.f the document; Hq (b) the' type or nature of the document; o
s (c) the length of the document; L Af.
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(;t (d) the location of the document; 3.
(e) a brief description of the contents of the
-c document; and (2) identify:
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(a) the author, signatories and any other person who originated, prepared or participated in i
the preparation of the document; (b) all persons to whom the document was addressed and all persons to whom copies of the document were to be or have been sent; and (c) all persons whom the NRC or FEMA knows or believes to have possession, custody or control of the document and of any copies
-thereof.
N.
Whenever in the interrogatories there is a request to identify.a communication:
(1) state:
(a) the date of the communication; (b) the place of the making and place of receipt of the communication; (c) the type and means of communication; (d) the substance of the communication; and (2) identify:
(a) each person making the communication, and his location at the time the communication was made; (b) each person to whom the communication was made, and his location at the time the communication was made; _-_
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(c) all other persons present'during, partici-4
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- (d) each document concerning such' communication; W
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(e) each document upon which the communication is 1
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communication.
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With respeci to each interrogatory. answer, identify each h
h document whicn formsla basis for the answer given, is relied'upon p
or which was reviewed, in whole c: in part, in preparing the'3 answers, or<which in any way corroborates or concerns the answer f
given.
A documen;t to be so identified may be produced in lieuRof
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the elements of such identification.
In such case, however, q
please identify the document in the answer to the interrogatory in b
sufficient detail so that Suffolk County can readily locate the 3
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1 document among all documents produced by the NRC Staff and FEMA.
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P.
Where exact information cannot be furnished, estimated
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information should be supplied to the extent possible.
Where estimated information is used, the answer should so state and l
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should indicate the basis upon which the estimate was made.
If possible, the upper and lower boundaries of the estimate should be given.
Q. ~ If the NRC Staff or FEMA objects to or claims a privilege (attorney-client, work piaduct, or otherwise) with I
respget to any interrogatory or document request, in whole or in part, ec se&hs to withhold documents or information because of the l
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alleged proprietary 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 Licensing Board to determine the validity of the 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, 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.
R.
If any document called for herein has been destroyed, that document is to be identified as in "Q" 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.
S.
Informatica furnished in answer to an interrogatory may l
be furnished by reference to the answer provided for another interrogatory, provided the other referenced answer fully responds to each request for information contained in the interrogatory.
Separate answers should be provided for each interrogatory and each subpart thereof, unless a complete answer to each interrogatory may best be presented through combining answers.
The County is interested in this regard in receiving the relevant l
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data asked for and any means of providing such data which is less time-consuming for the responder but which is nevertheless complete will satisfy the intent of this-discovery request.
l T.
Each interrogatory and document request shall be construed to impose upon the NRC Staff and FEMA the continuing obligation to supplement answers and document production whenever required by the NRC's Rules of Practice.
U.
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. --__ s _______ _-_-_
(4)
References to LILCO's " schools evacuation proposal" are to the proposal first put forth by LILCO on 1987 / for evacuating school children 1
October 22, from the Shoreham 10-mile emergency planning zone during a radiological emergency, by using LILCO employees to serve as backup and primary school bus drivers.
V.
If the NRC Staff or FEMA is unable to answer any interrogatory or portion thereof, identify the person whom the NRC Staff or FEMA believes has the knowledge or information which the interrogatory addresses.
l l_/
Ega LILCO's Motion for Summary Disposition of Contention 25.C
(" Role Conflict" of School Bus Drivers), dated October 22, 1987.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ -
)
DOCKETED USNHC Januarv 4, 1988 UNITED STATES OF AMERICA
'88 J4i -5 P3 :16 i
NUCLEAR REGULATORY COMMISSION l
Before the Atomic Safety and Licensino Boa Xfi$c h[.'
BRANcy
)
1 In the Matter of
)
)
LONG-ISLAND LIGHTING COMPANY
)
Docket No. 50-321-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO THE NRC STAFF AND FEMA have been served on the following this 4th day i
of January, 1988 by U.S. mail, first class, except as otherwise noted.
James P. Gleason, Chairman 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 James P. Gleason, Chairman William R. Cumming, Esq.
513 Gilmoure Drive Spence W. Perry, Esq.
Silver Spring, Maryland 20901 Office of General Counsel Federal Emergency Management Agency Dr. Jerry R. Kline 500 C Street, S.W., Room 840 Atomic Safety and Licensing Board Washington, D.C.
20472 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 W. Taylor Reveley, III, Esq.
Hunton & Williams Fabian G. Palomino, Esq.
P.O. Box 1535 Richard J.
Zahnleuter, Esq.
707 East Main Street Special Counsel to the Governor Richmond, Virginia 23212 Executive Chamber, Rm. 229 State Capitol I
Albany, New York 12224
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Joel Blau, Esq.
Anthony F.
Earley, Jr.,
Esq.
Director, Utility Intervention General Counsel N.Y. Consumer Protection Board Long Island Lighting Company Suite 1020 175 East Old Country Road Albany, New York 12210 Hicksville, New York 11801 E. Thomas Boyle, Esq.
Ms. Elisabeth Talbbi, Clerk Suffolk County Attorney Suffolk County Legislature Bldg. 158 North County Complex Suffolk County Legislature Veterans Memorial Highway Office Building Hauppauge, New York 11788 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 Mary M. Gundrum, Esq.
Hon. Patrick G. Halpin New York State Department of Law Suffolk County Executive 120 Broadway, 3rd Floor H. Lee Dennison Building Room 3-116 Veterans Memorial Highway New York, New York 10271 Hauppauge, New York 11788 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee Suite K P.O.
Box 231 San Jose, California 95125 Wading River, New York 11792 Mr. Jay Dunkleburger George E.
Johnson, Esq.
New York State Energy Office Edwin J. Reis, Esq.
Agency Building 2 U.S Nuclear Regulatory Comm.
Empire State Plaza Office of General Counsel Albany, New York 12223 Washington, D.C.
20555 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 _
4 Douglas J. Hynes, Councilman Town Board of Oyster Bay Town Hall Oyster Bay, New York 11771 Michae; S. Miller KIRKPATRICK & LOCKHART 1800 M Street, N.W.
South Lobby - 9th Floor Washington, D.C.
20036-5891 By Hand. _ _ - _ - _ - _ _ _ _ _ _ - _ -
.