ML20150F894

Responses & Objections to Suffolk County First Set of Interrogatories & Requests for Production of Documents Re Contentions 1-2,4-8 & 10 to Lilco.* W/Certificate of Svc. Related Correspondence

ML20150F894
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/30/1988
From:	Leugers M HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:	SUFFOLK COUNTY, NY
References
CON-#288-6008 OL-3, NUDOCS 8804060066
Download: ML20150F894 (10)

Text

Goor LILCO, March 30,1988 1[ ELATED CORRf WU3D,tJ3 Oct. EIED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'88 APR -4 P7 :08 Before the Atomic Safety and Licensinst Bodg f,g.

In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

) (EmergencjPlanning)

) (Best Efforts Issue)

(Shoreham Nuclear Power, Station Unit 1)

LILCO'S RESPONSES AND OBJECTIONS TO SUFFOLK COUNTY'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS REGARDING CONTENTIONS 1-2,4-8. AND 10 TO LONG ISLAND LIGHTING COMPANY LILCO hereby responds to Suffolk County's First Set of Interrogatories and Re-quest for Production of Documents, dated March 15, 1988 and served on LILCO on March 16,1988.

I. GENERAL ANSWERS AND OBMCTIONS TO l.NTERROGATORIES. DEF&lTIONS, AND INSTRUCTIONS A. To the extent LILCO does not object to their production, all documents ref-erenced in these answers which are not enclosed will be provided within the 30-day production period in accordance with 10 C.F.R. S 2.741.

B. LILCO objects to all interrogatories, definitions, and instructions insof ar as they require the disclosure of any information prctected by the attorney-client privi-lege or work product doctrine.

C. LILCO objects to all interrogatories to the extent they purport to require information outside the possession, custody, or control of LILCO.

D. LILCO objects to the inclusion of attorneys in the definition of "LILCO" or "LILCO personnel" in paragraph D of Suffolk County's Definitions because their 8904060066 800330 PDR ADOCK O$000322 G PDR &

r inclusion is clearly calculated to discover information protected by the attorney-client privilege and the work product doctrine.

II. /.NSWERS AND OBJECTIONS TO INTERROGATORIES Suffolk County Interrogatory No.1 Please identify, on a contention-by-contention basis, e:ch witness LILCO ex-pects to call to testify on Contentions 1 and 2 (directing traffic), Contention 4 (remov-ing road obstructions), Contention 5 (activating sirens and broadcasting EBS messages),

Contention 6 (making protective action decisions), Contention 7 (ingestion pathway),

Contention 8 (recovery and reentry), and Contention 10 (EPZ access control), as set forth in the Licensing Board's order ruling on LILCO's summary disposition motion on the legal authority / realism contentions. Memorandum and Order (Ruling on LILCO's Motions for Summary Disposition of Contentions 1, 2, 4, 5, 6, 7, 8 and 10, and Board Guidance on Issues for Litigation) (Feb. 29, 1988). For each witness, other than experts, that LILCO expects to call, state on a contention-by-contention basis the subject mat-ter on which he is expected to testify and the substance of the facts to which he is ex-pected to testify. For each witness that LILCO expects to call as an expert witness, state on a contention-by-contention basis 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.

R_esponm: The following is a list of witnesses whom LILCO currently expects to call during the realism remand proceeding along with a list of the "legal authority" conten-tions that each will testify about. If any of these witnesses are deleted from the list later, LILCO will so notify Sufful County. Additional witnesses may be designated cnce the Intervenors provide more information about their case.

1. Douglas M. Crocker - Contentions 1,2, 4-8, and 10

2. Diane P. Driekorn - Contentions 6-8

3. Dennis M. Behr - Contentions 1,2, 4-8, and 10

4. Edward B. Lieberman - Contentions 1,2, and 4 Each witness will testify about how LILCO's plan and procedures accommodate State and County participation in a "best efforts" response to a Shoreham emergency with respect to the contentions next to his or her name above.

1 The witnesses will rely upon their experience and knowledge of emergency plan-ning and upon Revision 9 of the LILCO Plan, including OPIP 3.1.1. The substance of the facts and/or opinions, and the relevant grounds for those opinions, that each witness will testify about generally can be found in LILCO's realism summary disposition mo-tions filed March 20 and December 18, 1987.

Suffolk County Interrogatory No. 2 For each witness, please provide a copy of his most current curriculum vitae, resume, or statement of professional qualifications.

Response: Resumes for Messrs. Crocker and Lieberman and Mrs. Driekorn were provid-ed to the County during the reception center proceeding and are a part of the record in that proceeding. Mr. Behr's resume was provided to the County in connection with the February 13 exercise proceeding held during the first half of 1987, and is a part of the record in that proceeding. LILCO provides with this response another copy of his resume. More up-to-date resumes, if availabic, will be provided to the County before the end of the 30-day production period.

Suffolk County Interrogatory Nod Please list any NRC, judicial, administrative, legislative, or other legal proceed-ing in which each witness has testified on any matter related in any way to the sub-stance of the issues in Contentions 1-2, 4-6, and 10. State on a contention-by-contention basis which contention the witness's testimony concerns.

Response: Mr. Crocker and Mrs. Driekorn have previously testified as a witness only in the Shoreham reception center proceeding, which was held in June and July 1987. Re-cently, Mr. Crocker provided deposition testimony on the school bus driver and the EBS j

remand issues and Mrs. Driekorn provided deposition testimony on the hospital ETEs re-mand issue. Mr. Lieberman has testified in numerous LILCO proceedings and in the Seabrook proceeding all of which are well known to Suffolk County. In addition, Mr.

Lieberman was recently deposed regarding the hospital ETEs remand issue. Mr.Behr

l has testified only in the 1987 Shoreham exercise proceeding. Since all this testimony (except for Mr. Lieberman's testimony in the Seabrook proceeding) has been in the Shor_41am proceeding, Suffolk County is capable of making its own determination about how it relates to the issues in Contentions 1-2, 4-8, and 10.

Suffolk County Interrogatory No. 4 Please provide a copy of any prefiled testimony listed in response to Interrogato-ry 3 above.

Response: Suffolk County already has the testimony discussed in response to Interroga-tory No. 3 above including Mr. Lieberman's Seabrook testimony which LILCO provided to the Intervenors during the Hospital ETEs proceeding.

Suffolk County Interrogatory No. 5 -

Please identify all articles, papers, studies, reports, books and other such docu-ments authored or prepared by each witness pertaining to the substance of the issues in Contentions 1-2, 4-8, and 10. ,

i Resinnse: LILCO is not aware of any such documents. If LILCO discovers any such documents, LILCO will produce thern within the 30-day discovery period.

Suf folk Coanty Interrogatory No. 6

~

Please state whether each witness has prepared, or has had prepard, any writ-ten studies, reports, analyses, or other documents with respect to the substance of the issues in Contentions 12, 4-8, and 10.

Response: See LILCO's response to Suffolk County Interrogatory No. 5 above.

Unless the answer to Interrogatory 6 above is a simple negative, please identity each document in LILCO's response to these Interrogatories according to Definition J and provide a copy of each document, ,

Response: See LILCO's response to Suffolk County Interrogatory No. 5 above.

i i

5 Respectfully submitted, b

il 3pK= "/ 0 Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: March 30,1988 I

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PROFESSION AL QU ALIFICATIONS DENNIS M. BEHR Vice President - Secretary THE BEHR CONSULTING GROUP,INC.

My name is Dennis M. Behr. My business address is The Behr Consulting Group, Inc.,366 Veteran Highway, Commack, NY 11725. I am the Vice President - Sec-retary of the Behr Consulting Group.

I received my Bachelor of Science degree in Nuclear Engineering from the State University of New York, Maritime College in 1973, While at the State University of New York, Maritime College,I earned a United States Coast Guard license as a Third Assistant Engineer for Steam or Motor Vehicles, Unlimited Horsepower.

From '974 to 1980, I worked with a major architectural engineering firm and an engineering analysis consulting firm as a rotating equipment engineer, performing Applications Engineering, Start-up Engineering and Vibration Analysis for both station-ar' and shipboard rotating equipment. My responsibiliths included specification devel-opment, bid analysis, f actory and field performance test surveillance, troubleshooting and nondestructive testing, and predictive maintenance program development.

During my employment with Stone and Wecster Engineering Corporation, I Spent approximately one year representing the concerns of a major foreign oil company .

in this country. This involved extensive travel within the continental United States and Canada to witness acceptance testing of major plant equipment prior to shipment.

Prior to establishing The Behr Consulting Group, Inc., I worked for Impe11 Corporation. one of the country's largest engineering services corporations, trom April 1930 through March 1986. During this time, I progressed f rom the level of Senior Engi-neer to Manager of the Emergency Preparedness Section and was responsible for

Dennis M. Behr page -2*

My coordinating the efforts of personnel on both small and large projects.

responsibilities included the development of technical materials, supervision of project personnel and maintenance of quality, schedules and budgets.

I managed several major projects while I was with Impell. I managed On-site and Offsite emergency preparedness support for the Shoreham Nuclear Power Station.

This included such tasks as program appraisal, hearing support, plan and procedure de-velopment, development and implementation of a video assisted training program and a 13, 1986.

drill and exercise program including the Federal Graded Exercise on February I was also involved in federal agency interf ace activities and in the negotiation of exer-cise objectives with the Federal Emergency Management Agency (FEM A), during prepa-rations for the February 13 graded exercise.

I also managed the Of f-site Emergency Preparedness Program development for the Indian Point and Nine Mile Point Nuclear Power Plant sites. This involved the coordination of the efforts of five counties, the State of New York, three Utility Com-panies and two contractors to develop and produce plans and procedures for the five counties surrounding these two sites and the State of New York. This task also included making presentations to local elected officials, the public, local law enforcement, and other emergency service agencies. It also involved the preparation of detailed techni-cal responses to intervenor group questions and the development and conduct of the first Radiological Emergency Preparedness training program to NL' REG-0654 3tandards in the State of New York. Lastly, this development included the preparation of Oswego County for the first federally graded exercise conducted in the State of New York.

3 Dennis St. Behr Page In this capacity as Section 51anager, I was not only responsible for the Man-agement of all Emergency Preparedness projects but also for all business planning eruiting and marketing involving emergency preparedness services. Clients for which I managed such projects include: Long Island Lighting Company, Niagara Stohawk Power Corporation, Consolidated Edison Company of New York, New York Power Authority, General Public Utilities Nuclear Corporation, Toledo Edison Company, Public Service Electric Gas Company, and Rochester Gas and Electric Company.

Typical responsibilities on smaller projects included: drill and exercise prep-aration, exercise observation and control, negotiation of exercise objectives with FE51 A for various graded exercises, program reviews and critiques, emergency response f acili-ty evaluations and emergency resource (equipment) inventory evaluations.

Today I am a principal of The Behr Consulting Group, Inc, I have accumu-lated extensive experience in Radiological Emergency Preparedness, Project Stanage-ment, and Applications Engineering.

I am currently leading three emergency preparedness eff orts, including: ar.

off-site training ef fort, a liquified natural gas emergency plan development effort, and the rewrite of an electric distribution system storm restoration program, involving both the operations and communications aspects of service restoration, in addition, my professional qualifications include a presentation I gave in June 1981 to the ANS Spring Conference. It is entitled "An Approach to County Ra-d!ological Emcrgency Response Program Planning".

t LILCO, Starch 30,1988 CERTIFIC ATE OF SERVICE In the 51atter of LONG ISLAND LIGHTING C051PANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322-OL-3 I hereby certify that copies of LILCO'S RESPONSES AND OBJECTIONS TO SUFFOLK COUNTY'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRO-DUCTION OF DOCU51ENTS REGARDING CONTENTIONS 1-2,4-8, AND 10 TO LONG ISLAND LIGHTING CO51PANY were served this date upon the following by telecopier as indicated by one asterisk, by Federal Express as indicated by two asterisks, or by first-class mail, postage prepaid.

James P. Gleason, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel 513 Gilmcure Drive U.S. Nuclear Regulatory Commission Silver Spring,51aryland 20901 Washington, D.C. 20555 Dr. Jerry R. Kline Richard G. Bachmann,2sq. **

Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board One White Flint North U.S. Nuclear Regulatory Commission 11555 Rockville Pike East-West Towers, Rm. 427 Rockville,51D 20852 4350 East-West Hwy.

Bethesda,51D 20814 Herbert H. Brown, Esq.

• Lawrence Coe Lanpher, Esq.

Str. Frederick J. Shon Karla J. Letsche, Esq.

Atomic Safety and Licensing Kirkpatrick & Lockhart Board South Lobby - 9th Floor U.S. Nuclear Regulatory Commission 1800 51 Street, N.W.

East-West Towers, Rm. 430 Washington, D.C. 20036-5891 4350 East-West Hwy.

Bethesda,51D 20814 Fabian G. Palomino, Esq.

• Richard J. Zahnleuter, Esq.

Secretary of the Commission Special Counsel to the Governor Attention Docketing and Service Executive Chamber Section Room 229 U.S. Nuclear Regulatory Commission State Capitol 1717 H Street, N.W. Albany, New York 12224 Washington, D.C. 20555 Alf red L. Nardelli, Esq.

Atomic Safety and Licensing Assistant Attorney General Appeal Board Panel 120 Broadway U.S. Nuclear Regulatory Commission Room 3-118 Washington, D.C. 20555 New York, New York 10271 1

j

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 Evan A. Davis, 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 E. Thomas Boyle, Esq.

Stephen B. Latham, Esq. ** Suffolk County Attorney Twomey, Latham & Shea Building 158 North County Complex 33 West Second Street Veterans Memorial Highway P.O. Box 298 Hauppauge, New York 11788 Riverhead, New York 11901 Dr. Monroe Schneider Mr. Philip McIntire North Shore Committee Federal Emergency Management P.O. Box 231 Agency Wading River, NY 11792 l 26 Federal Plaza New York, New York 10278 Jonathan D. Feinberg, Esq.

New York State Department of Public Service, Staff Counsel Three Rockefeller Plaza Albany, New York 12223 0/tt/ h bCL4!

Jam &S N.

Mary Jo

' tmag gers g

Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATCD: March 30,1988

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