ML20235A792
| ML20235A792 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 01/05/1988 |
| From: | Leugers M HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#188-5301 OL-3, NUDOCS 8801130031 | |
| Download: ML20235A792 (13) | |
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LILCO, January 5,1988 gpTED CORRESPOf@f93 000KETEro i
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UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION
'88 JAN 11 A10:45 Before the Atomic Safety and Licensing Board
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BRANCH In the Matter of
)
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)
LONG ISLAND LIGHTING COMPANY
) Docket No. 50-322-OL-3 f
) (Emergency Planning)
(Shoreham Nuclear Power Station,
) (School Bus Driver Issue)
Unit 1)
)
LILCO'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF "'5CUMENTS REGARDING ROLE CONFLICT OF
' SCHOOL BUS DRIVERS., JUFFOLK COUNTY AND NEW YORK STATE 1
Long Island Lighting Company, by its counsel, propounds the following interrogatories to Suffolk County and New York State ("Intervenor" or "the Interve-i i
nors"), pursuant to SS 2.740, 2.74b, and 2.741 of the Nuclear Itegulatory Commission's Rules of Practice. By propounding these interrogatories LILCO makes no admission or representation about the proper scope of the issues to be decided or the evidence that may be presented.
INSTRUCTIONS A.
Each interrogatory shall be answered separately and fully in writing under oath in accordance with S 2.740b of the NRC's Rules of Practice. To the extent that Interveners do not have specific, complete, and accurate information with which to an-swer any interrogatory, Interveners should so state, and the interrogatory should be an-swered to the extent information is available, identifying each person who is believed to have accurate information with respect thereto. Where exact information is not available, estimated information should be supplied; the answer should state that the in-formation is an estimate and the basis on which the estimate was made.
Where appropriate, the upper and lower boundaries of the estimate should be given.
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8801130031 880105 '
DR ADOCK 050 2
B.
Each interrogatory shall be deemed to be continuing, and Interveners are requested seasonably to supplement answers with additional f acts, documents, informa-tion, and names of witnesses which become known, in accordance with S 2.740(e)(1) and (2) of the NRC's Rules of Practice.
C.
The words "and" and "or" shall be construed either conjunctively or disjunc-tively so as to bring within the scope of these discovery requests any information that might otherwise be construed to be outside their scope.
D.
Wherevet appropriate, the singular form of a word shall be interpreted in the plural, and vice versa, so as to bring within the scope of these discovery requests any information that might otherwise be construed to be outside their scope.
E.
Wherever appropriate, the masculine form of a word shall be interpreted as feminine, and vice versa, so as to bring within the scope of these discovery requests any information that might otherwise be cont, trued to be outside their scope.
F.
Please produce each document in the form and condition in which it exists on the date cf service of this request, including all comments, notes, remarks, and other material that may have been added to the document af ter its initial preparation.
G.
If Interveners object to or claim a privilege (attorney-client, work product, or other) with respect to any interrogatory or document request, in whole or in part, or seek to withhold documents or information because of the alleged proprietary nature of the data, ptease 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 J
validity of the objection or claim of privilege. This description by Interveners should include with respect to any document: (1) author, addressor, addressee, reciplents of in-dicated and " blind" copies together with their job titles; (2) date of preparation; (3) sub-ject matter; (4) purpose for which the document was prepared; (5) hil persons to whom J
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distributed, shown, or explained; (6) present custodian; (7) all persons believed to have a copy of the document; and (8) the nature of the privilege or objection asserted.
H.
For any document or part of a document that was at one time, but is no longer, in Interveners' possession, custody, or control, or which is no longer in exis-tence, or which cannot be located or produced, identify the document, state where and how it passed out of existence or why it can no longer be located and the reasons there-for, and identify each person having knowledge concerning such disposition or loss and the contents of the document, and identify each document evidencing its prior exis-tence and/or any f act concerning its nonexistence or loss.
I.
When, in order to answer a question fully or accurately, it is necessary to distinguish between the responses of individual Interveners or to identify individual In-tervenors, such distinctions or identifications should be made in the answer.
DEFINITIONS A.
" Person" means any individual, corporation, partnership, unincorporated as-sociation, joint venture, government or agency thereof, or other legal entity or form of organizatic7 or association.
B.
" Document" means the original and each copy, regardless of origin or loca-tion, of any written, typed, printed, recorded or graphic material, however produced or reproduced, or any tangible thing that in whole or in part illustrates or conveys infor-mation, including but not limited to papers, letters, notes, books, correspondence, memoranda, interoffice or intraoffice communications, corporate records, memoranda or minutes of meetings, or conversations whether personal or telephonic, cablegrams, mailgrams, telegrams, reports, summaries, surveys, analyses, studies, calculations, pro-jections, ledgers, journals and other formal or informal books of record or account, bul-letins, notices, announcements, advertisements, catalogs, manuals, instructions,
O a agreements, contracts and other legal documents, notebooks, clippings, vour.hers, checks and draf ts, bills, receipts, invoices, calendars, appointment books, diaries, pre-liminary draf ts and working papers, drawings, sketches, graphs, charts, plans, specifi-cations, blueprints, photographs, films, videotapes, tapes, recordings, computer-stored and computer-retrievable information, annotations or markings appearing on any docu-ment or thing, and all other writings and recordings of every description, however denominated, translated or described.
C.
" Communication" or " contact" includes every exchange of information by any means including but not limited to personal or telephonic.
D.
"LILCO" or "LILCO personnel" mean Long Island Lighting Compan'y and any affiliate, agent, employee. consultant, contractor, technical advisor, representative, or other person acting for on behalf of LILCO, or at LILCO's direction or control, or in concert with LILCO or assisting LILCO.
E.
"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.
F.
" Interveners" means Suffolk County, New York State, and the Town of Southampton, or any of them, or any agency thereof and any agent, employee, consul-tant, contractor, technical advisor, representative or other person acting for or on be-half of them, or at their direction and control, or in concert with or assisting them.
G.
" Contractor" means any person, not affiliated with Interveners, who per-formed work concerning Shoreham on behalf of Interveners and/or pursuant to a con-tract with Interveners or sub-contractors who performed work on behalf of a contrac-tor with whom the person was not affiliated and pursuant to a contract with such contractor. A person other than a contractor, who contracts with the sub-contractor, shall be deemed a sub-contractor.
H.'
" Concerns," "concerning," or any other derivative thereof, includes refer-ring to,' responding to, relating to, pertaining to, in connection with, compromising, demoralizing, commenting on, regarding, discussing, showing, describing, reflecting, analyzing, supporting, contradicting, and constituting.
I.
" Identify" when used in reference !.o a natural person means to set forth the following:
1.
his name:-
2.
his last known residential address; 3.
his last known business address; 4.
his last employer;-
5.
his title or position:
6.
his area of responsibility:
7.
his business, professional, or other relationship with Interveners; and 8.
If any of the above information is changed subscquent to the time period referenced in a particular interrogatory, set forth in the an-swer, and label appropriately, current information as well as the in-formation applicable to the time period referenced in the interroga-tory.
J.
" Identify" when used in reference to a corporation or other entity that is not a natural person shall mean to set forth the following:
1.
the full name of such person, including its legal name and any as-sumed or trade names under which it transacts or has transacted business; l
[ 1 2.
the nature or form of such a person,if known; 3.
the address of its principal place of business or the principal place where such person is to be found; l
4.
whether Interveners have or have had any relationship or affiliation with such person, its affiliates or subsidiaries, and, if so, a descrip-tion of such relationship; and 5.
If any of the above information has changed subsequent to the time period referenced in a particular interrogatory, set forth in the an-swer, and label appropriately, current information as well as the in-formation applicable to the time referenced in the interrogatory.
K.
" Identify" when used in reference to a document shall mean to set forth the following:
1.
Its title; 2.
Its subject matter; 3.
Its date:
4.
Its author; 5.
its addressee; 6.
Its file designation or other identifying designation; and 7.
Its present location and present custodian.
i L.
" Identify" with respect to a contact or communication shall mean to set forth the following:
1.
the date of the communication:
2.
the place of the making and place of receipt of the communication;
1.
3.
the type and means of communication; 4.
the substance of the communication; 5.
each person making a communication, and his locatlan at the time the communication was made:
6.
each person to whom the communication was made, and his location at the time the communication was made; 7.
all other persons present during, participating in, or receiving the communication and the location of each such person at the time:
1 8.
each document concerning such communication; and 9.
each document upon which the communication is based or which is referred to in the communication.
M.
" Analysis" means research, investigation, audit, inspection, review, evalua-t tion, testing, monitoring, or any other method or form of examining data and/or forming conclusions or recommendations.
N.
"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 of the NRC.
O.
" FEMA" means the Federal Emergency Management Agency and its staff, any division or section or region thereof, any staff member thereof, or any agent, con-sultant, contractor, technical advisor, employee, or representative of FEM A.
INTERROGATORIES AND REQUESTS FOR PRODUCTION 'OF DOCUMENTS Identification of Witnesses 1.
Please identify each witness Interveners expect to call to testify on any factors concerning "whether, in light of the potential for role conflict, a I
sufficient number of school bus drivers can be relied upon to perform
(
)
._____________________________________-_A
d.
emergency evacuation duties." Memorandum and Order (Ruling on Appil-cant's Motion of October 22, 1987 for Summary Disposition of Contention 25.C " Role Conflict" of School Bus Drivers) (December 30,1987) at 5. For i
each witness, other than experts, that Interveners expect to call, State the subject matter on which he is expected to testify and the substance of the facts to which he is expected to testify. For each witness that Interveners expect to call as an expert witness, state the subject matter on which he is expected to testify, the substance of the facts and opinions to which he is expected to testify, and the summary of the grounds for each such opinion.
2.
For each witness, please provide a copy of his most current curriculum vitae, resume, or statement of professional qualifications.
3.
Please list any NRC, legislative, or other legal proceeding in which each witness has testified on any matter concerning role conflict or school evac-uations during disasters or emergencies.
4.
Please provide a copy of any prefiled testimony listed in response to Inter-rogatory 3 above.
5.
Please identify all articles, papers, and other documents at!thored or coau-thored by each witness on the subject of role conflict or school evacuations during disasters or emergencies.
6.
Please state whether each witness has prepared, or has had prepared, any written studies, reports, analyses, or other documents with respect to any l
of the following-I (a)
Role conflict during large-scale disasters or emergencies especially concerning, but not limited to, school bus drivers or other persons who traditionally do not have emergency roles during emergencies.
)
_g.
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6 (b)
School evacuations or plans for school evacuations for disasters or emergencies, including, but not limited to, a Shoreham emergency.
7.
Unless the answer to Interrogatory 6 above is a simple negative, please identify and provide a copy of each document.
Identification of Information 8.
Please identify the number of students currently enrolled at each school lo-cated in the 10-mile EPZ for Shoreham as identified in "LILCO's Motion for Summary Disposition of Contention 25.C (" Role Conflict" of School Bus Drivers) (October 22,1987) (hereinaf ter " Motion") at Attachment 1, and the source of this information. Identify which of these schools are on split ses-sions and provide the current number of students in attendance during each split session for each school.
9.
Please identify each and every bus company that contracts with each school identified in LILCO's Motion at Attachment 1 to transport school children. For each senool, specify which bus companies provide buses and drivers.
10.
Identify the number of school bus drivers under contract to or on the pay-roll of each school and school district in the EPZ identified in LILCO's Mo-tion at Attachment 1.
Specify the number of drivers that are designated for each school.
11.
Identify any contacts and communications the Interveners have had with any school or school district in the EPZ regarding evacuation of those schools during a Shoreham emergency. Include, for each contact and com-i munications, the school or school district contacted and the person talked with, the date of each contact, and the substance of each conversation.
Please produce any documents related to such contacts.
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. i 12.
Identify any contacts the Interveners have had with any bus companies under contract to the schools and school districts in the EPZ regarding evacuation of those schools during a Shoreham emergency. Include, for each contact, the bus company contacted and the person talked with, the date of each contact, and the substance of each conversation. Please pro-duce any documents related to such contacts.
f 13.
Identify any contacts the Interveners have had with any bus companies on Long Island, to the extent not identified in Interrogatory 13, regarding evacuation of those schools during a Shoreham emergency. Include, for each contact, the bus company contacted and the person talked with, the date of each contact, and the substance of each conversation. Please nro-duce any documents related to such contacts.
14.
Identify any contacts the Interveners have had with any school bus drivers on the payroll of or under contract with schools or school districts in the EPZ regardhq evacuation of those schools during a Shoreham emergency.
Identify, for each contact, the person talked with, the date of each con-tact, and the substance of each conversation. Please produce any doc.:-
i ments related to such contacts.
15.
State, for all nuclear power plants in New York State other than Shoreham, whether schools and school districts in the EPZs for those plants plan to evacuate school children in a single wave or in multiple waves. In re-sponding to this request, identify this information on a county-by-county basis for each nuclear power plant in New Yori:.
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e.
I 16.
State, for all nuclear power plants in New York State other than Shoreham, whether schools and school districts in the EPZs for those plants plan to use bus drivers to evacuate school children in addition to school bus drivers ordinarily on the payrolls of or under contract to these schools and school j
districts. In responding to this request, identify this information on a county-by-county basis for each nuclear power plant in New York.
17.
For the additional bus drivers, if any, identified in response to Interrogatory 16 above, identify the type of training these bus drivers receive and the laws, regulations, and ordinances that govern the use of these additional bus drivers to evacuate school children during a radiological emergency.
Identification of Other Documents j
18.
Please identify and provide a copy of any document not already identified in response to Interrogatories 7 and 11-14 above on which Interveners in-tend to rely in support of their position on the issue of whether there will be a sufficient number of school bus drivers to evacuate schools during a Shoreham emergency.
i Alleged Defici dies in LILCO's Proposal to Use LERO School Bus Drivers to W
Evacuate Schools in the EPZ 19.
Please list each and every factor that Interveners claim might make LILCO's proposal to evacuate all schools in the EPZ in a single wave unworkable and inadequate to protect the public health.
I 20.
To the extent not covered by the answer to Interrogatory ' above, please j
list every respect in which Interveners claim that LILCO's procedures for using auxiliary school bus drivers to evacuate school children are inade-quate.
j
d.
21.
Please list each and every State and locallaw, regulation, or ordinance that I
Interveners claim might make LILCO's proposal to evacuate schools in the EPZ in a single wave illegal.
22.
Please list each and every State and local law, regulation, or ordinance that the Interveners claim that LILCO must satisfy to use auxiliary school bus I
drivers and buses to evacuate school children during a Shoreham emergen-cy.
M
$Od tarevr Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: January 5,1988 l
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J LILCO, Januaiy 5,1988 concitc.
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'88 JE 11 A10:45 CERTIFICATE OF SERVICE OFFICE of E n.;j,,.f 00CHEliNr; A E<vici^-
BRANCH In the. Matter of i
LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 I hereby certify that copies of LILCO'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING ROLE CONFLICT OF SCHOOL BUS DRIVERS TO SUFFOLK COUNTY AND NEW YORK STATE were served this date upon the following by telecopier as indicated by one asterisk, by FedeH1 Ex-j press as indicated by two asterisks, or by first-class mail, postage prepaid, i
James P. Gleason, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel 513 Gilmoure Drive U.S. Nuclear Regulatory Commission Silver Spring, Maryland 20901 Washington, D.C. 20555 Dr. Jerry R. Kline George E. Johnson, Esq. **
Atomic Safety and Licensing Richard G. Bachmann, Esq.
Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission 11555 Rockville Pike East-West Towers, Rm. 427 One White Flint North 4350 East-West Hwy.
Bethesda, MD 20814 Bethesda, MD 20814 Herbert H. Brown, Esq.
- Mr. Frederick J. Shon Lawrence Coe Lanpher, Esq.
Atomic Safety and Licensing Karla J. Letsche, Esq.
Board Kirkpatrick & Lockhart U.S. Nuclear Regulatory Commission South Lobby - 9th Floor East-West Towers, Rm. 430 1800 M Street, N.W.
4350 East-West Hwy.
Washington, D.C. 20036-5891 Bethesda, MD 20814 Fabian G. Palomino, Esq.
- Secretary of the Commission Richard J. Zahnleuter, Esq.
Attention Docketing and Service Special Counsel to the Governor Section Executive Chamber U.S. Nuclear Regulatory Commission Room 229 1717 H Street, N.W.
State Capitol Washington, D.C. 20555 Albany, New York 12224 Atomic Safety and Licensing Appeal Board Panel U.S. Nucleae Regulatory Commission Washington, D.C. 20555
Alfred L. Nardelli, Esq.
Jonathan D. Feinberg, Esq.
Assistant Attorney General New York State Department of 120 Broadway Public Service, Staff Counsel Room 3-118 Three Rockefeller Plaza New York, New York 10271 Albany, New York 12223 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 llL44/
ll'eY h1(y J egers / ~ [
Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: January 5,1988 l
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