ML20058J692

Application for Issuance of Subpoenas to Rc Meunkle,L Palmer & Fr Jones to Appear & Give Depositions on 820805 in Washington,Dc Re Phase I Emergency Planning Issues.W/Draft Subpoenas & Certificate of Svc.Related Correspondence

ML20058J692
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/04/1982
From:	Christman J HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8208110168
Download: ML20058J692 (19)

Text

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. nnATEn connESPONDENCE LILCO, August 4, 1D82

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UNITED STATES OF AMERICA ' 'ghg] i.' d NUCLEAR REGLATORY COMMISSION Before the Atomic Safety and Licensing Board

)

In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. SO-322-OL

)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

LILCO'S APPLICATION FOR ISSUANCE OF SUBPOENAS Long Island Lighting Company (LILCO) hereby requests the Presiding Officer of this Licensing Board to issue sub-poenas under 10 C.F.R.

• 2.720 to command the testimony by dep-osition of Robert C. Meunkle, Laura Palmer, and Frank R. Jones.

Counsel for Suffolk County has orally represented that the County will not voluntarily produce these three people for dep-osition. The depositions of these people are expected to pro-duce information of general relevance to the Phase I emergency planning issues in this proceeding, as follows:

Robert C. Meunkle and Laura Palmer

1. Mr. Meunkle and Ms. Palmer are presently employed by Suffolk County. For several years Mr. Meunkle and Ms.

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D Palmer worked with LILCO personnel to develop a County emergency response plan (see the attached Affidavit of Charles A. Daverio). (The County now refers to the fruits of their efforts as mere planning documents or at most a draft plan.) A number of features of the County planners' work affected LILCO's own plan.

2. For example, the communications system for notify-ing the County of an emergency, described in section 7.2 of LILCO's plan (Rev. 2), was developed during discussions with Mr. Meunkle and Ms. Palmer (see Contentions EP 13, 20). Also, LILCO's prompt notification system (both the sirens and the tone alerts) was designed based on Figure 3 in Appendix A of the County plan, which depicts the evacuation area by zones, showing 2-mile, 5-mile, and 10-mile zones (see Contentions EP 2).

3. Accordingly, LILCO proposes to depose Mr. Meunkle and Ms. Palmer on their planning efforts that affected the Phase I issues. The County previously expressed willingness to produce Mr. Meunkle and Ms. Palmer for discovery of informa-tion pertaining to the LILCO emergency plan (though there wae an unresolved dispute about whether and how the County might be protected if the questioning strayed outside the areas the County considered proper). Also, of the documents produced by the County in response to LILCO's first request for the l

1 production of emergency planning documents, before the Board's ruling on LILCO's motion to compel, several documents (numbers 309, 383, and 411) were letters to or from Mr. Meunkle. But since the Board's Prehearing Conference Order (Phase I -

Emergency Planning) of July 27, 1982, the County is no longer willing to produce Mr. Meunkle and Ms. Palmer.

4. The tentative schedule for depositions that has developed from discussions between LILCO and the County now has at least one deposition on each business day from August 9 through August 27. If Mr. Jones is deposed on August 5, then August 6 is the only business day left to depose Mr. Meunkle and Ms. Palmer. Accordingly, LILCO is asking that the sub-poenas command Mr. Meunkle's and Ms. Palmer's appearance on August 6. LILCO would be willing, however, to take their depo-sitions on a Saturday or Sunday or to rearrange the schedule in consultation with the County so that Meunkle and Palmer can be i

deposed at a more convenient time before the end of the deposi-tion period on August 27.

Frank R. Jones

! 5. Mr. Jones is Deputy County Executive of Suffolk County. He was initially proffered by the County as the County person to be deposed on LILCO plan issues. Moreover, LILCO understands that any LILCO employee who calls any County em-ployee about emergency planning is now referred automatically

to Mr. Jones. Since the Board's Prehearing Conference Order (Phase I - Emergency Planning) of July 27, 1982, however, the County has said it will not make Mr. Jones available for depo-sition. The County has named no one else in the County govern-ment (as opposed to outside consultants of the County) for dep-osition on LILCO plan issues.

6. Mr. Jones was offered during the April 14, 1982, prehearing conference (Tr. 770, 774-77) as being knowledgeable about the County's emergency planning.

7. LILCO proposes to depose Mr. Jones as to his knowl-edge of Phase I issues, particularly local conditions that may affect Phase I issues (see, for example, EP 5.A, which states in part that "LILCO has not assessed the relative benefits of various protective actions under the particular conditions ex-isting in the Shoreham vicinity"). Mr. Jones' testimony is particularly important since no other County officer or em-ployee has been offered on LILCO plan issues or Phase I issues.

8. LILCO understands that Mr. Jones has schedule con-flicts on August 5 and 6, 1982 and that he will be leaving on vacation from about August 6, 1982, until about the end of the month. Therefore it appears he must be deposed either at a mutually convenient time within the period the Board has set aside for depositions or, with the Board's permission, after he returns from vacation. Either alternative is acceptable to LILCO.

0 Conclusion

9. For the reasons stated above, the depositions of Frank Jones, Robert C. Meunkle, and Laura Palmer will produce information of " general relevance" to the issues in this pro-ceeding, including the issues involving LILCO's emergency plan and in particular, the issues designated as " Phase I." LILCO therefore asks the Board to issue subpoenas for Messrs. Jones and Meunkle and Ms. Palmer.1/

RESPECTFULLY SUBMITTED, n<o hkAs. W&

James N. Christman Kathy E. B. McCleskey HUNTON & WILLIAMS 707 East Main Street Post Office Box 1535 Richmond, Virginia 23212 DATED: August 4, 1982 l

1/ LILCO recognizes that correct procedure might be first to give written notice of deposition under 10 C.F.R. 2 2.740a(a).

But given the shortness of time and the fact that the County has already stated to LILCO its unwillingness to make Messrs.

Jones and Meunkle and Ms. Palmer available for depositions, this application for subpoenas seems to be the appropriate way to compel their appearance.

LILCO, August 4, 1982 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY l (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322 (OL)

I hereby certify that copies of LILCO'S APPLICATION FOR ISSUANCE OF SUBPOENAS were served upon the following by first-class mail, postage prepaid, or by hand (as indicated by an asterisk), on August 4, 1982:

Lawrence Brenner, Esq.* Atomic Safety and Licensing Administrative Judge Appeal Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Atcmic Safety and Licensing Board Panel Dr. Peter A. Morris

• U.S. Nuclear Regulatory Administrative Judge Commission Atomic Safety and Licensing Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Bernard M. Bordenick, Esq.*

Commission David A. Repka, Esq.

Washington, D.C. 20555 U.S. Nuclear Regulatory

Commission

, Dr. James H. Carpenter

• Washington, D.C. 20555 l Administrative Judge Atomic Safety and Licensing David J. Gilmartin, Esq.

Board Panel Attn: Patricia A. Dempsey, Esq.

U.S. Nuclear Regulatory County Attorney Commission Suffolk-County Department of Law Washington, D.C. 20555 Veterans Memorial Highway Hauppauge, New York 11787 l

.* Secretary of the Commission Stephen B. Latham, Esq.* -

U.S. Nuclear Regulatory Twomey, Latham & Shea Commission 33 West Second Street Washington, D.C. 20555 P. O. Box 398 Riverhead, New York 11901 Herbert H. Brown, Esq.* Ralph Shapiro, Esq.*

Lawrence Coe Lanpher, Esq. Cammer and Shapiro, P.C.

Karla J. Letsche, Esq. 9 East 40th Street Kirkpatrick, Lockhart, Hill, New York, New York 11901 Christopher & Phillips 8th Floor 1900 M Street, N.W. Howard L. Blau, Esq.

Washington, D.C. 20036 217 Newbridge Road Hicksville, New York 11801 Mr. Mark W. Goldsmith Energy Research Group Matthew J. Kelly, Esq.

400-1 Totten Pond Road State of New York Waltham, Massachusetts 02154 Department of Public Service Three Empire State Plaza MHB Technical Associates Albany, New York 12223 1723 Hamilton Avenue Suite K Mr. Jay Dunkleberger San Jose, California 95125 New York State Energy Office Agency Building 2 Empire State Plaza Albany, New York 12223 Respectfully submitted, LONG ISLAND LIGHTING COMPANY m17 %K G(ames N. Christman Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: August 4, 1982

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NUCLEAR REGULATORY COMMISSION i, _ , t Z '. a :

BRANCH ATOMIC SAFETY AND LICENSING BOARD .

In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL

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(Shoreham Nuclear Power )

Station, Unit 1 )

SUBPOENA THE NUCLEAR REGULATORY COMMISSION TO:

Laura Palmer Department of Public Works Traffic Division Yaphank Avenue Yaphank, Now York 11980 YOU ARE HEREBY COMMANDED, pursuant to the Atomic Energy Act of 1954, as amended, and Section 2.720 of the Rules of Practice of the Nuclear Regulatory Commission, to appear and give your deposition in this proceeding at 9:30 a.m. Eastern Daylight Time on Friday, August 6, 1982, at Suite 700, 1919 Pennsylvania Avenue, N.W., Washington, D.C., as requested by the Long Island Lighting Company (LILCO), to testify on the development of LILCO's emergency response plan for the Shoreham Nuclear Power Station.

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5 Under Section 2.720(f) of the Rules of the Commission, you may by motion promptly made and in any event at or before the time specified herein for compliance and upon notice to I

James N. Christman or Kathy E. B. McCleskey, counsel for LILCO, request that this subpoena be quashed or modified if it is un-reasonable or requires evidence not relevant to any matter in issue in the proceeding as indicated above. The Commission may condition its denial of such a motion to quash or modify this subpoena on just and reasonable terms.

Further, pursuant to Section 2.72O(d), fees and mileage payable to witnesses in district courts of the United States are hereby tendered.

NUCLEAR REGULATORY COMMISSION Atomic Safety and Licensing Board Lawrence J. Brenner Presiding Judge Issued:

August __, 1982 Riverhead, New York

UNITED STATES OF AMERICA NUCLEAR REGULATOR COMMISION ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL

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(Shoreham Nuclear Power )

Station, Unit 1) )

RETURN ON SERVICE Received this subpoena at on and on at . I served it on the within named Laura Palmer by de-livering a copy to him and tendering to him the fee for one day's attendance and the mileage allowed by law.

Dated By Service Fees Travel $

Services $

Total $

Subscribed and sworn to before me this day of , 1982.

Notary Public

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w. : cc ~7ccc- p bo;cn & iuu :E BRANCH UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD ,

In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL

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(Shoreham Nuclear Power )

Station, Unit 1 )

SUBPOENA THE NUCLEAR REGULATORY COMMISSION TO:

Robert C. Meunkle Department of Public Works Traffic Division Yaphank Avenue Yaphank, New York 11980 YOU ARE HEREBY COMMANDED, pursuant to the Atomic Energy Act of 1954, as amended, and Section 2.720 of the Rules of Practice of the Nuclear Regulatory Commission, to appear and give your deposition in this proceeding at 9:30 a.m. Eastern Daylight Time on Friday, August 6, 1982, at Suite 700, 1919 D.C., as requested by Pennsylvania Avenue, N.W., Washington, the Long Island Lighting Company (LILCO), to testify on the development of LILCO's emergency response plan for the Shoreham Nuclear Power Station. I

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I Under Section 2.720(f) of the Rules of the Commission, you may by motion promptly made and in any event at or before the time specified herein for compliance and upon notice to l

James N. Christman or Kathy E. B. McCleskey, counsel for LILCO, request that this subpoena be quashed or modified if it is un-i reasonable or requires evidence not relevant to any matter in issue in the proceeding as indicated above. The Commission may condition its. denial of such a motion to quash or modify this subpoena'on just and reasonable terms.

Further, pursuant to Section 2.72O(d), fees and mileage payable to witnesses in district courts of the United States are hereby tendered.

NUCLEAR REGULATORY COMMISSION Atomic Safety and Licensing Board Lawrence J. Brenner Presiding Judge Issued:

August _ , 1982 Bethesda, Maryland

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UNITED STATES OF AMERICA NUCLEAR REGULATOR COMMISION ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL

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(Shoreham Nuclear Power )

Station, Unit 1) )

RETURN ON SERVICE Received this subpoena at on and on at .

I served it on the within named Robert C. Meunkle by delivering a copy to him and tendering to him the fee for one day's attendance and the mileage allowed by law.

Dated By Service Fees Travel $

Services $

Total $

Subscribed and sworn to before me this day of , 1982.

Notary Public l

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL

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(Shoreham Nuclear Power )

Station, Unit 1 )

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SUBPOENA I

THE NUCLEAR REGULATORY COMMISSION TO:

Frank R. Jones Deputy County Executive H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New York 11787 4

YOU ARE HEREBY COMMANDED, pursuant to the Atomic Energy Act of 1954, as amended, and Section 2.720 of the Rules of Practice of the Nuclear Regulatory Commission, to appear and give your deposition in this proceeding at 9:30 a.m. Eastern

!- Daylight Time on Thursday, August 5, 1982, at Suite 700, 1919 Pennsylvania Avenue, N.W., Washington, D.C., or at such other time and place as may be mutually agreed upon, but in any event not later than August 27, 1982, as, requested by the Long Island Lighting Company (LILCO), to testify on the development of f

LILCO's emergency response plan for the Shoreham Nuclear Power l Station.

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J YOU ARE FURTHER COMMANDED, in the event that no time prior to August 27, 1982 is convenient for you, to propose to counsel for LILCO, on or before August 20., 1982, a time prior to September 15, 1982 and a place convenient to you for deposi-tion.

Under Section 2.720(f) of the Rules of the Commission, you may by motion promptly made and in any event at or before the time specified herein for compliance and upon notice to James N. Christman or Kathy E. B. McCleskey, counsel for LILCO, request that this subpoena be quashed or modified if it is un-reasonable or requires evidence not relevant to any matter in l issue in the proceeding as indicated above. The Commission may condition its denial of such a motion to quash or modify this subpoena on just and reasonable terms.

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i Further, pursuant to Section 2.720(d), fees and mileage payable to witnesses in district courts of the United States are hereby tendered.

NUCLEAR REGULATORY COMMISSION Atomic Safety and Licensing Board Lawrence J. Brenner Presiding Judge Issued: ,

August __, 1982 Riverhead, New York '

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. e UNITED STATES OF AMERICA NUCLEAR REGULATOR COMMISION ATOMIC SAFETY AND LICENSING BOARD.

In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL

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(Shoreham Nuclear Power )

Station, Unit 1) )

RETURN ON SERVICE Received this subpoena at on and on at .

I served it on the within named Frank R. Jones by delivering a copy to him and tendering to him the fee for one day's attendance and the mileage allowed by law.

Dated By Service Fees Travel $

Services $

Total $

Subscribed and sworn to before me this day Of , 1982.

Notary Public i- -

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AFFIDAVIT OF CHARLES A. DAVERIO

1. My name is Charles A. Dave rlo. I am a Senior Engineer in the Nuclear Operhtions Support Division of the Long Island Lighting Company (LILCO) .

2. From about January 1980 until the spring of 1982, I was chairman of LILCO' a Emergency Planning Task Force. In this capacity, I talked by telephone and' met frequently with Itobert C. Meunkle and Laura Palmer, of the Suffolk County Department of Transportation and then the Suf folk County Planning Department, to discuss both Suf folk County's and LILCO's omergency planning.. ....._ .

3. In preparing its emergency plan, LILCO relied .

directly on certain of t.he planning ef forts of Mr. Meunkle and Ms. Palmer. For example m _ 1a __

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1) Communications: The system for communicatin.g with. . . . .

Suf folk Cougty, described in LILCO plan sectiog -" ~"'~

7.2, was developed through discussions with Mr.

Meunkle and Ms. Palmer. -

2) Equipment: Suffolk County Health Department offi- --

cials provided LILCO a list of equipment, most of which LILCO was willing to provide the County

.,(radiation...mqpit.orit>g' equi pment, fo r u H arpple ) . . ._. . -

Mr. Meun' cle and Ms . Palmar we re presun t. It"t.he' ~ '

meeting at which this list was presented to LILCO and._nay be._able--tp provide.information about the .. ., _ _,, ..

list and its genesis... ..

3 ). Evacuation Zones: The map of 2-mile, 5-mi-lo; and i --- -- --- -- ---

10-mi.le radius evac.uation zones (Figurt 3 in Appendix A of the County plan), develop)ed by Mr.

Meunkle and Ms. Palmer, was used by LILCO in developing its protective action recommendations.

4) Promo_t yo_t-i f_icat_lon System: The placomnnt of the iiirens by LILCO was influenced by the County evacu-ation zone map (Figure 3 mentioned above) . The tone alerts were discussed with the County planners M..e. un.kle and Palmer.

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