ML20236V765
| ML20236V765 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 11/30/1987 |
| From: | Mcmurray C KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | |
| Shared Package | |
| ML20236V761 | List: |
| References | |
| OL-3, NUDOCS 8712070080 | |
| Download: ML20236V765 (10) | |
Text
.
a, November 30, 1987 UNITLL UTATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensina Board
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power
)
Station, Unit 1)
)
)
)
AFFIDAVIT OF CHRISTOPHER M.
McMURRAY Christopher M. McMurray, being duly sworn, deposes and says as follows:
1.
I am a partner with Kirkpatrick & Lockhart, counsel for Suffolk County in the above-captioned matter.
I have been directly involved in matters related to LILCO's offsite plan for Shoreham since it was first submitted in May 1983.
I have read and I am familiar with LILCO's Motion for Summary Disposition of I
the WALK Radio Issue (November 6, 1987) (the " Motion") which includes a preliminary description of LILCO's new Emergency Broadcast System ("EBS") proposal.
8712070080B{ho 22 PDR ADDCK PDR G
I
4.-
2.
Counsel for Suffolk County received the Motion on November 9, three days after it was served by LILCO.
Prior to that time, LILCO had provided no details or documentation regard-
'ing the new EBS to Suffolk County, the State of New York or the Town of Southampton (the " Governments").
3.
Review of LILCO's Motion and the accompanying documen-tation reveals that LILCO's EBS is substantially revised.
In particular, LILCO has dropped five stations from the EBS system and added three stations.
The stations which were dropped are all Long Island stations (WALK-FM and AM, WBLI-FM, WCTO-FM, WGSM-AM and WLIX-AM).
The stations which LILCO has added are all Connecticut stations (WPLR-FM, WICC-AM, and WELI-AM).
The ade-quacy of the stations comprising an EBS -- e.a., their technical capabilities, how well the public knows of the stations, etc.
go to the very heart of the adequacy of an EBS.
When the sta-tions change, and particularly when the changes are as radical as LILCO has proposed, the consequences of those changes must be scrutinized.
4.
The documentation attached to LILCO's Motion includes two engineering reports which contain technical analyses, contour maps, tables of measured field strengths, and similar technical i
data regarding LILCO's new ESS.
None of the Governments' attorneys is able to analyze these documents for technical accuracy, adequacy, or completeness.
Similarly, the Governments' l
l l J
[
.i..
attorneys are not able to analyze the accompanying affidavits of the expert consultants who prepared the reports for accuracy, adequacy, or completeness.
Expert analysis and discovery is required in order to adequately review LILCO's engineering reports and the affidavits of its technical experts.
5.
LILCO's attachments did not include the documents underlying those reports or the analyses conducted by LILCO's technical experts.
It has been standard practice in many phases of this proceeding for a party's underlying documentation to be provided to opposing parties.
Before any meaningful review of LILCO's analysis can take place, discovery will be required in order to scrutinize the validity of LILCO's engineering reports.
The Governments must be given the opportunity to retain experts e
to assist counsel in this effort.
The Board should also recog-nize that the dates on LILCO's engineering reports and the let-ters of agreement demonstrate that LILCO's new EBS was estab-lished months before the filing of its Motion.
LILCO, however, chose not to make the details of its EBS known until the filing of its Motion.
6.
LILCO's Motion also reveals that there is a flaw in its nighttime AM coverage, but LILCO does not explain in the Motion the precise geographic or demographic scope of the coverage gaps.
The Governments' attorneys are unable to ascertain the 1 i I
- i..
significance of those coverage gaps f rom LILCO's attached data.
Therefore, the Governments require expert analysis and discovery before they can properly respond to LILCO's Motion.
7.
LILCO's Motion also contains a telephone survey con-ducted by an outside consultant, as well as the consultant's affidavit.
None of the attorneys for the Governments is able to analyze either document for accuracy, adequacy or completeness.
Counsel provided the survey and the affidavit to Prof. Stephen Cole, a professor of sociology at State University of New York at Stony Brook who has been a witness in prior proceedings before this Board.
Prof. Cole informed me that the survey results can-not be taken at face value because the description of the method-ology used in the' survey is incomplete.
Thus, discovery is necessary to determine whether the survey was conducted properly.
Prof. Cole received the survey report only the day before a scheduled business trip to Poland from which he does not expect to return until early December.
He communicated the substance of his preliminary review of the survey to me on the day of his departure.
8.
LILCO claims that one remedy for its gap in AM night-time coverage is an " informal alerting process" which it claims was accepted by the Shearon Harris Licensing Board in the context j
of a ruling on the adequacy of the Shearon Harris plant's siren system.
Discovery and expert consultation are necessary to
-4
. 6.
determine whether the same process would provide adequate compen-sation at Shoreham for the gaps in AM nighttime coverage.
My review of the Shearon Harris opinion reveals that LILCO neglected to inform this Board that the Shearon Harris Board found the evidence regarding informal alerting to be "largely anecdotal and not very robust" and concluded that "[a]ny estimate of the extent I
of informal alerting has substantial uncertainty."
Carolina Power & Licht Comoany (Shearon Harris Nuclear Power Plant), LBP-86-11, 23 NRC 294, 389 (1986).
9.
LILCO also includes certain calculations in its Motion
~
at pages 12-13 and_ note 21 to support the adequacy of its EBS l
coverage.
The accuracy and basis of these calculations must be explored through discovery and expert analysis as well.
i 10.
A list of equipment which L1LCO proposes to provide WPLR is included with LILCO's Motion.
None of the Governments'
(
attorneys is able to ascertain whether such equipment, if provided, will be adequate.
Discovery and consultation with experts will be necessary on this matter.
11.
LILCO's Motion raises issues about the adequacy of a Connecticut-based EBS system.
These issues include whether resi-dents of Long Island listen to, or even recognize, the stations in LILCO's EBS.
It is clear that if the EBS is not or will not be listened to in a Shoreham emergency, it is not a suitable _ _ _ _ _ _ _ _ _ _
s.
station for' that purpose.
I, as well as New York State counsel, Richard J. Zahnleuter, have had preliminary conversations with James Baranski of the New York State Radiological Emergency Preparedness Group and former FEMA Region II Director Frank Petrone.
Both are emergency planning experts and both expressed strong concern about the loss of popular and widely-heard Long Island stations and the appropriateness of a substitute Connecticut-based Shoreham EBS.
In particular, it is doubtful that Long Island residents would view such an EBS as an authori-tative and credible source of information or that the residents of Long Island would even remember to tune to such " foreign" stations.
To analyze the adequacy of LILCO's EBS, information is required about whether any significant portion of the Suffolk County population recognizes or listens to WPLR or the rest of l
LILCO's EB5.
This clearly constitutes a critical issue which must be pursued with expert consultants, independent investigation, and discovery.
12.
In light of the fact that the Governments had never seen or been informed of any of the details of LILCO's new EBS plan before November 9, the extensive degree to which LILCO's plan has been revised, the technical nature of the documentation attached to LILCO's Motion, the need for expert advice, and the need for discovery, as set forth above and in the Response to the Motion to which this Affidavit is attached, the Governments are not in a position at this time to be able to dispute or agree ______
a s v l
with any of LILCO's asserted " undisputed"-facts.
Further time J
for expert analysis, discovery, and independent investigation will be required before the Governments will be in any position to do so.
This, therefore, constitutes an appropriate situation for application of 10 CFR S 2.749(c) and an order dismissing LILCO's Motion as premature.
13.
The above facts are true and accurate to the best of my knowledge and belief.
I am competent to testify to such facts and would so testify in any formal proceeding on this matter.
f,Nu Christopher M. McMurray Subscribed to and sworn before me this 7B M day of November, 1987.
Gl< is Asf. baitt rn -
V Notary Public My commission expires:
[zt&.
/ c/ / '7 9 /
f I
.~
e.
November $$n,%iII 7 9B r
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OfflCE W 5t uiw y Before the Atomic Safety and Licensing bbYd h ghE"YIII
)
In the Matter of
)
(
)
l LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3 i
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1 )
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the RESPONSE OF SUFFOLK COUNTY, STATE OF NEW YORK AND TOWN OF SOUTHAMPTON IN OPPOSITION TO LILCO'S MOTION FOR
SUMMARY
DISPOSITION OF THE WALK RADIO ISSUE have been served on the following this 30th day of November, 1987, by United States mail, first class, except as otherwise noted.
Mr. James P. Gleason Joel Blau, Esquire Chairman Director Atomic Safety and Licensing Board Utility Intervention 51 3 Gilmoure Drive New York State Consumer Silver Spring, Maryland 20901 Protection Board (By hand to Bethesda office)
Suite Number 1020 Albany, New York 12210 Dr. Jerry R.
Kline*
William R.
Cumming, Esquire Atomic Safety and Licensing Board Spence W.
Perry, Esquire United States Nuclear Regulatory Office of the General Counsel Commission Federal Emergency Management Washington, D.
C.
20555 Agency 500 "C"
- Street, S.
W.
Room Number 840 Washington, D.
C.
20472
I Mr. Frederick J. Shon*
Anthony F. Earley, Jr., Esquire Atomic Safety and Licensing Board General Counsel United States Nuclear Regulatory Long Island Lighting Company Commission 175 East Old Country Road Washington, D. C.
20555 Hicksville, New York 11801 Ms. Elisabeth Taibbi W. Taylor Reveley, III, Esquire **
Clerk Hunton and Williams Suffolk County Legislature Post Office Box 1535 Suffolk County Legislature 707 East Main Street Office Building Richmond, Virginia 23212 Veterans Memorial Highway Hauppauge, New York 11788 Mr.
L.
F.
Britt Stephen B. Latham, Esquire Long Island Lighting Company Twomey, Latham and 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 United States Nuclear Regulatory 195 East Main Street Commission Smithtown, New York 11787 1717 "H"
Street, N.
W.
Washington, D.
C.
20555 Mary M. Gundrum, Esquire Honorable Michael A. LoGrande New York State Department of Law Suffolk County Executive 120 Broadway H.
Lee Dennison Building Third Floor Veterans Memorial Highway Room Number 3-116 Hauppauge, New York 11788 New York, New York 10271 MHB Technical Associates Dr. Monroe Schneider 1723 Hamilton Avenue North Shore Committee Suite "K"
Post Office Box 231 San Jose, California 95125 Wading River, New York 11792 Martin Bradley Ashare, Esquire Fabian G.
Palomino, Esquire Suffolk County Attorney Richard J.
Zahnleuter, Esquire **
Building Number 158 Special Counsel to the Governor North County Complex of the State of New York Veterans Memorial Highway Executive Chamber Hauppauge, New York 11788 Room Number 229 Capitol Building Albany, New York 12224. _ _ _ _ _ _ - _ _ _ _ _ _ _ -
l l
4
- 4 Mr. Jay Dunkleburger Edwin J.
Reis, Esquire.
New York State Energy Office George E.
Johnson, Esquire Agency Building Number Two United States Nuclear Empire State Plaza Regulatory Commission Albany, New York 12223 Washington, D.
C.
20555 David A.
Brownlee, Esquire Mr. Stuart Diamond Kirkpatrick and Lockhart Business / Financial 1500 Oliver Building NEW YORK TIMES Pittsburgh, Pennsylvania 15222 229 West 43rd Street New York, New York 10036 Mr. Douglas'J. Hynes Councilman Town Board of Oyster Bay Town Hall Oyster Bay, New York 11771 Ch'ristopher M.
McMurr'ay
~
~
KIRKPATRICK & LOCKHART 1800 "M"
Street, N. W.
South Lobby - Ninth Floor i
Washington, D.
C.
20036-5891
- Via Hand
- Via Federal Express November 30, 1987 l
l I
_ _ _ _ _ _ _ - _ _ -