ML20081A822

Direct Testimony of Pf Cosgrove & Jl Fakler on Emergency Planning Contention 24.S Re Lack of Agreements on Emergency Response Training of non-LILCO Personnel.Certificate of Svc Encl.Related Correspondence

ML20081A822
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/02/1984
From:	Cosgrove P, Fakler J SUFFOLK COUNTY, NY
To:
Shared Package
ML20081A747	List: ML20081A744 ML20081A748 ML20081A753 ML20081A759 ML20081A764 ML20081A766 ML20081A768 ML20081A777 ML20081A793 ML20081A798 ML20081A807 ML20081A813 ML20081A818 ML20081A822
References
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Download: ML20081A822 (16)

Text

,

RELATED CORRESPONDENCE ggg 7;r UNITED STATES OF AMERICA eg4 pp, 5 N1 :04 NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board?~T

)

In the Matter of

)

)

LONG ISLAND LIGHTING COMPANY

)

Docket No. 50-322-OL-3

)

(Emergency Planning)

(Shoreham Nuclear Power Station,

)

Unit 1)

)

)

DIRECT TESTIMONY OF DEPUTY INSPECTOR PETER F.

COSGROVE AND LIEUTENANT JOHN L.

FAKLER ON BEHALF OF SUFFOLK COUNTY CONCERNING EMERGENCY PLANNING CONTENTION 24.S - LACK OF AGREEMENTS REGARDING EMERGENCY RESPONSE TRAINING OF NON-LILCO PERSONNEL O.

Please state your names and positions.

A.

My name is Peter F.

Cosgrove.

I hold the rank of Deputy Inspector in the Suffolk County Police Department, and I am the Executive Officer of the Third Precinct.

L'ntil January 15, 1984 I was the Commanding Officer of the Police Academy.

My name is John L.

Fakler.

I hold the rank of Lieutenant i

in the Suffolk County Police Department, and I am the Director of Recruit Training and Media Services at the Police Academy.

l Our professional qualifications are set forth in detail in Attachment I hereto.

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L

O.

What is the purpose of this testimony?

A.

The purpose of this testinony is to address Emergency Plan-ning Contention 24.S, which states:

Contention 24.

LILCO has failed to obtain agreements from several of~the organizations, entities and individuals for performance of services required as part of the offsite re-sponse to an emergency pursuant te NUREG 0654, as follows:

Contention 24.S.

LILCO is required to provide site specific emergency response training and periodic retraining for those offsite emergency organizations who may be called upon to provide assist 1nce in the event of. an emergency, including personnel responsible for accident assessment, police, security and fire fighting personnel, first aid and rescue personnel, local support services personnel, and medical support personnel.

10 CFR Section 50.47 (b)(15); NUREG 0654, Sections II.O.1.a, 4.b, d,

f,g, and h.

In addition, 30 CFR Section 50.47(b)(14) and NUREG 0654 Section II.n.

O require that there be periodic drills and exer-cises of emergency response capabilities.

LILCO has no agreements with offsite response organi-zations, or individual workers, to attend LILCO training sessions or to participate in drills or exercises.

Such agreements are necessary be-cause unlike its own personnel, LILCO cannot require non-LILCO personnel to receive training, or to participate in drills or exercises.

In the absence of such agreements, there is no as-surance that an adequate number of properly trained emergency workers will be available to respond effectively to an emergency at Shoreham, in violation of 10 CFR Sections 50.47(b)(14) and 50.47(b)(15), Part 50, Appendix E,Section IV.F, and NUREG'0654, Sections II.O.1.a, 0.1.b and N.

In the absence of trained non-LILCO emergency workers, no aspect of the LILCO plan can or will be implemented., _ _ _ _ _

t O.

Do you agree with Contention 24.S?

A.

-Yes, we do.

As discussed in more detail by other witnesses

. testifying on behalf of the County, in the event of an emergen-cy at Shoreham, LILCO would rely on many non-LILCO groups and

- individuals to provide offsite assistance, including the actual impl ementation of LILCO's protective action recommendations, as described in the LILCO Plan.

For example, schools, school dis-tricts, their staffs, and school bus drivers are expected to shelter and evacuate school children, special facilities and their personnel are expected to shelter and evacuate their i

patients, the American Red Cross

(" ARC") is assigned complete responsibility for operating relocction centers, and the

- Department of Energy (" DOE") is expectad to perform accident and dose assessment and projection functions.

(See Suffolk County testimony concerning contentions 45, 46, 61, 68-72, and 75).

However, despite its reliance on these organizations and 1

individuals for implementation of its Plan, LILCO has no agree-ments concerning training with any special facilities, schools or school districts, the ARC, or DOE.

And, LILCO has no

-training agreements with any personnel or groups of personnel of these organizations. 1

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O.

Please explain how your conclusions apply to the personnel affiliated with schools and special facilities.

A.

The Plan asserts that training "will be offered" to organi-zations such as schools and special facilities.

(Plan, at 5.1-6).

However, unless these entities and their employees agree to participate in such training, there is no assurance that the individoals who would have to perform response functions in the event of a Shoreham emergency would ever receive the required training related to radiological emergencies in general and their roles under the LILCO Plan.

Because LILCO does not have the necessary agreements, there is no assurance that were an accident to occur at Shoreham, there would.be available an adequate number of trained individuals who could perform the functions which the LILCO Plan assigns to non-LILCO entities and individuals.

O.

IX) your conclusions also apply to personnel affiliated with the ARC and DOE 7 A.

Yes they do.

The documents which LILCO characterizes as

" agreements" with the ARC and DOE do not eliminate the concern expressed in Contention 24.S.

Specifically, the letter contained in APP-B-1 of the Plan, from David Schweller of the DOE to Charles Davorio of LILCO, says nothing about training..-

l Even if DOE personnel have received generic training related to dose assessment and related matters, there is no indication

' that they have received, or agreed to participate in the future in, any training related to the LILCO Plan or how they are ex-pected by LILCO to perform the functions assigned to them in that Plan, including the important functions of interfacing with LILCO/LERO personnel.

The situation with the ARC is similar, although the Plan contains no agreement at all from the ARC.

LILCO appears to rely upon a letter from a LILCO representative to an ARC repre-sentative for its assumption that ARC personnel will perform all the functions assigned by LILCO to the ARC in ths Plan.

However, the only mention of training in LILCO's letter to the ARC is LILCO's statement that "to assure preparedness in an actual emergency, the Red Cross should also participate as appropriate in training, drills and exercises."

(Emphasis 5

supplied)

(Plan, at APP-B-9).

This suggestion by LILCO is not an agreement by.the ARC to have its personnel participate in the training mentioned by LILCO.

Moreover, as is the case for DOE representatives, even if some ARC volunteers may have received generic ARC training related to general types of work performed at ARC community shelters, there is no indication that the 300 ARC volunteers relied upon by LILCO in its Plan i a

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have received or have agreed to participate in the future in, any training related to the LILCO Plan, or radiological emergencies.

(See also Suffolk County Testimony concerning Contentions 24.B and 24.P.)

O.

What is your conclusion about LILCO's lack of training re-lated agreements?

A.

LILCO relies on a large number of non-LILCO organizations and individuals to provide assistance in the event of a radio-logical accident at Shoreham, including the implementation of protective action recommendations.

Without agreements from the organizations and the individuals relied upon to participate in training, there can be no assurance that those individuals: (1) understand that they have been assigned emergency response functions by LILCO; (2) understand what the performance of those functions during a radiological emergency entails; (3) i-understand how they are expected to perform those functions in the specific context of the LILCO Plan; and (4) would be either willing or capable of performing the - functions.

Because LILCO has no agreements concerning training with most of the non-LILCO personnel upon whom it relies in its Plan, there is no I

assurance that its Plan could or would be implemented in the

- event of an emergency at Shoreham.,

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ATTACHMENT 1 I

~

ATTACHMENT 1 Personal Resume Captain Peter F.

Cosgrove Suffolk County Police Department Police Experience:

October, 1981 - Present Commanding Officer, Police Academy Section May, 1980 Promoted to Captain February, 1979 -

Commanding Officer, Personnel Section October, 19 81 September, 1977 -

Commanding Officer, Employee Relations February, 1979 Unit January, 1977 -

Assigned to Chief of Detectives Office September, 1977 to develop performance evaluation program September, 1975 Promoted to Lieutenant September, 1975 -

Assigned to Sixth Precinct, Patrol January, 1977 Supervisor December, 1972 -

Assigned to Police Academy Section, September, 1975 Recruit Training Unit October, 1971 Promoted to Sergeant October, 1971 -

Assigned to Fourth Precinct as Patrol December, 1972 Supervisor July, 1966 -

Assigned to Sixth Precinct, patrol October, 1971 duties May, 1966 Appointed to Suffolk County Police Department Formal Education:

1982 Completed course work for Master of Public Administration, C.W. Post College, L.I. University 1974 B.S. Behavioral Science, N.Y.

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Formal Education: (cont.)

1970 A.A.S. Police Science, Suffolk County Community College Related Training & Education:

1933 F.B.I. National Academy, 132nd Session (11 weeks) 1974 Ethical Awareness Instructors Workshop i

N.Y.S. Bureau for Municipal Police (1 week) 1974 Police Performance Appraisal Workshop Northwest Traffic Institute (1 week) 1973 Basic Instructors School, Internal Revenue Service (2 weeks)

- Related Experience:

1972 - Present Lecturer, Suffolk County Police Academy 1972 - Present Adjunct Asst. Prof., Suffolk County Community College 1973 - 1976-Training Instructor, N.Y.S. Bureau for Municipal Police 1975 - Present Training Instructor, Suffolk County Department of Health 1979 - Present Lecturer, Suffolk County Sheriff's l

Department

- Certificates & Memberships:

Certified dew York State Police Instructor New York State Training Zone #1 Coordinator New York State Association of Chiefs of Police (member of training committee)

National Academy Associates New York State Law Enforcement Training Directors Association f

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Certificates & Memberships: (cont.)

American Academy for Professional Law Enforcement Suffolk County Community College Occupational Education Advisory Council 1

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John L. Fakler, Lieutenant Suffolk County Police Acadeny Old Country Road Westhampton, New York 11977 (516) 286-5000 GENERAL BACKGROUND Twenty' years of law enforcement experience, the last fifteen years in training supervisory and management positions.

EDUCATION Accumulated 55 college credits relating to Communications and Law Enforcement.

Graduate of F.B.I. National Academy - March,1974 Have completed a host of seminars and workshops relating to Instructional Design & Evaluation, Television Production Methods, and management related topics.

EXPERIEN CE 19 81 to Present - Commanding Officer of Recruit Training and Media Services (Lieutenant) 1971 to 1981

- Commanding Officer of Audio Visual /

Research (Lieutenant) 1968 to 1971

- Supervisor of Recruit Training (Sergeant) l 1963 to 1968

- Various assignments in Patrol, Tactical, and Detective Units l

AFFILIATIONS l

Regional Vice President, International Television Association 1982~to 1984 Past President, Law Enforcement Training Directors of New York State - 1980 Second Vice President, Police Association of Suffolk County 1983 Consultant and Lecturer for the International Association of Chiefs of Police since 1980 l

ARTICLES PUBLISHED

" Drunk Drivers:

It's Your Choice" L :w Enforcement Communications - April,1982

" Instructional Television for Police Entry-Level Training *

- The Police Chief - February,19 81 "An Efficient Training System for Police Officers" Educational & Industrial Television - December,1979

" Television:

A Versatile Tool at Large Demonstrations" F.B.I. Law Enforcement Bulletin - December,1979 "TV Role-Playing for Training ~"

Law & Order - February, 1970 l

OTHER CAREER ACTIVITIES i

Authored and directed 3 federally funded projects that were designed to explore television applications for law enforcement 1.

Project "Teletraining, 1971 2.

Project "D.I.I.T."

(Decentralized, Individualized In-Service Training) 3.

Project "T.O.D."

(Television for Observation at Disturbances)

Have been a guest speaker at:

Canadian Association of Chiefs of Police Convention, l

Edmonton, Alberta, Canada

. First International Video Symposium for Law Enforcement Kent, England l-f

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_ '-RE.ATED CCadisFONDENCE UNITED STATES OF AMERICA

'84 MR -5 A11 :04 NUCLEAR REGULATORY COMMISSION Before The Atomic Saf_et y and _Li,ce,nsing Boar,dj j hjg ;

SRANCH

)

In the Matter of

)

)

LONG ISLAND LIGHTING COMPANY

)

Docket No. 50-322 ( 0. L'. )

)

(Emergency Planning)

Shoreham Nuclear Power Station,

)

Unit 1)

)

)

CERTIFICATE OF___SER_ VEE, I hereby. certify that copies of:

1.

OIRECT TESTIMONY OF PHILIP B.

HERR ON BEHALF OF SUFFOLK COUNTY REGARDING EMERGENCY PLANNING CONTEN-TION 22.D

-- INADEQUACY OF LILCO'S EPZ, 2.

DIRECT TESTIMONY OF DEPUTY INSPECTOR KENNETH J.

REGENSBURG, DEPUTY INSPECTOR ROBERT A.~

SNOW AND POLICE OFFICER VINCENT R.

STILE ON BEHALF OF SUFFOLK COUNTY REGARDING EMERGENCY PLANNING CONTENTIONS 20 AND 55-58 -- NOTIFICATION TO THE PUBLIC, 3.

DIRECT TESTIMONY OF DEPUTY CHIEF INSPECTOR RICHARD C.

ROBERTS, SERGEANT DONALD A.

HOFFMAN, AND POLICE OFFI-CER JAMES J.

READ ON BEHALF OF SUFFOLK COUNTY REGARDING EMERGENCY PLANNING CONTENTIONS 24.T AND

.59 -- NOTIFICATION TO THE PUBLIC BY THE U.S.

COAST

GUARD, I

4.

DIRECT TESTIMONY OF DEPUTY INSPECTOR KENNETH J.

RECENSBURG, DEPUTY INSPECTOR ROBERT A.

SNOW AND POLICE OFFICER VINCENT R.

STILE ON BEHALF OF SUFFOLK COUNTY REGARDING EMERGENCY PLANNING CONTENTION 26 --

NOTIFICATION OF EMERGENCY RESPONSE PERSONNEL, 5.

DIRECT TESTIMONY OF DEPUTY INSPECTOR KENNETH J.

REGENSBURG, DEPUTY INSPECTOR ROBERT A.

SNOW AND POLICE OFFICER VINCENT R.

STILE ON BEHALF OF SUFFOLK COUNTY REGARDING EMCRGENCY PLANNING CONTENTIONS 28, 29, 30, 31, 32 AND 34 -- COMMUNICATIONS AMONG EMERGENCY RESPONSE PERSONNEL,

e 6.

DIRECT TESTIMONY OF ASSISTANT CHIEF II3PECTOR JOSEPH L.

MONTEITH, DEPUTY CHIEF INSPECTOR RICHARD C.

ROBERTS, DEPUTY INSPECTOR PHILIP McGUIRE, DEPUTY INSPECTOR MICHAEL J.

TURANO, JR.,

AND CAPTAIN EDWIN J.

MICHEL ON BEHALF OF SUFFOLK COUNTY REGARDING EMER-GENCY PLANNING CONTENTION 27 -- MOBILIZATION OF EM ER-GENCY RESPONSE PERSONNEL, 7.

DIRECT TESTIMONY OF ASSISTANT CHIEF INSPECTOR JOSEPH L.

MONTEITH, DEPUTY CHIEF INSPECTOR RICHARD C.

ROBERTS, DEPUTY INSPECTOR PHILIP McCUIRE, DEPUTY INSPECTOR MICHAEL J.

TURANO, JR., AND CAPTAIN EDWIN J.

MICHEL ON BEHALF OF SUFFOLK COUNTY REGARDING EMER-GENCY PLANNING CONTENTION 66 -- REMOVAL OF OBSTACLES FROM THE ROADWAY AND PROVISIONS FOR FUEL, 8.

DIRECT TESTIMONY OF PHILIP B.

HERR AND CAPTAIN EDHIN J.

MICHEL ON BEHALF OF SUFFOLK COUNTY REGARDING CON-TENTIONS 67 AND 24.I -- EVACUATION OF PERSONS WITHOUT ACCESS TO AUTOMOBILES AND LACK OF AGREEMENTS WITH TRANSFER POINT OWNERS, 9.

DIRECT TESTIMONY OF DAVID HARRIS AND MARTIN MAYER ON BEHALF OF SUFFOLK COUNTY REGARDING CONTENTIONS 24.G, 24.K, 24.P, 73 AND 75, 10.

DIRECT TESTIMONY OF SUSAN SAEGERT ON BEHALF OF SUFFOLK COUNTY CONCERNING EMERGENCY PLANNING CONTEN-TION 73.A -- EVACUATION OF THE HOMEBOUND, 11.

DIRECT TESTIMONY OF ROBERT T.

KREILING ON BEHALF OF JUFFOLK COUNTY REGARDING CONTENTION 24.0, 12.

DIRECT TESTIMONY OF DEPUTY CHIEF INSPECTOR RICHARD C.

ROBERTS ON BEHALF OF SUFFOLK COUNTY REGARDING EMER-GENCY PLANNING CONTENTION 74 -- INAPPROPRIATE PROXIM-ITY OF PROPOSED RELOCATION CENTERS TO THE SHOREHAM PLANT, and 13.

DIRECT TESTIMONY OF DEPUTY INSPECTOR PETER F.

COSGROVE AND LIEUTENANT JOHN L.

FAKLER ON BEHALF OF SUFFOLK COUNTY CONCERNING EMERGENCY PLANNING CONTEN-TION 24.S -- LACK OF AGREEMENTS REGARDING EMERGENCY RESPONSE TRAINING OF NON-LILCO PERSONNEL hcVe been served on the individuals identified by an asterisk below'on this 2nd day of March, 1984 by it.S. mail, first class, except as otherwise noted. _,

-James A.

Laurenson, Chairman * #

Ralph Shapiro, Esq.

Atomic Safety and Licensing Board Cammer and Shapiro U.S.

Nuclear Regulatory Commission 9 East 40th Street Washington, D.C.

20555 New York, New York 10016 Dr. Jerry R.

Kline * #

Howard L.

Blau Atomic Safety and Licensing Board 217 Newbridge Road U.S.

Nuclear Regulatory Commission Hickesville, New York 11801 Washing ton, D.C.

20555

-Mr.-Frederick J. Shon * #

Taylor Reveley III, Esq. * #8 Atomic Safety and Licensing Board Hunton & Williams U.S.

Nuclear-Regulatory Commission P.O.

Box 1535 Washington, D.C.

20555 707 East Main Street Richmond, Virginia 23212 Edward M.

Barrett, Esq.

Mr. Jay Dunkleberger Gsneral Counsel New York State Energy Office Long Island Lighting Company Agency Building 2 250 Old Country Road Empire State Plaza Mineola, New York 11501 Albany, New York 12223 Mr.~ Brian McCaffrey

• Stephen B.

Latham, Esq.

Long Island Lighting Company Twomey, Latham & Shea Shoreham Nuclear Power Station

.P.O.

Box 399 P.O.

Box 618 33 West Second Street North Country Road Riverhead, New York 11901 Widing River, New York 11792 Nora Bredes Docketing and Service Section *

-Executive Director Office of the Secretary Shoreham Opponents Coalition 1717 H Street, N.W.

195 East Main Street U.S.

Nuclear Regulatory Comm.

Smithtown, New York ~ 11787 Washington, D.C.

20555

' Marc W.

Goldsmith Hon. Peter Cohalan

• t Energy Research Group, Inc.

Suffolk County Executive

~400-1 Totten Pond Road H.

Lee Dennison Building Waltham, Massachusetts 02154 Veterans Memorial Highway Hauppauge, New York 11788

r w

MHB Technical Associates

• Eleanor L.

Frucci, Esq. *#

1723 Hamilton Avenue Atomic Safety and Licensing Suite K Board Panel San Jose, California 95125 U.S.

Nuclear Regulatory Comm.

Washington, D.C.

20555 Joel Blau, Esq.

Martin Bradley Ashare, Esq.

• t N;w York Public Service Commission Suffolk County Attorney The Governor Nelson A.

Rockefeller H.

Lee Dennison Building Building Veterans Memorial Highway Enpire State Plaza Hauppauge, New York 11788 Albany, New York '12223 Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Appeal Board U.S.

Nuclear Regulatory Commission U.S.

Nuclear Regulatory Comm.

Wcshington, D.C.

20555 Wa shing ton, D.C.

20555 B$rnard M.

Bordenick, Esq.

Jonathan D.

Feinberg, Esq.

D vid A.

Repka, Esq.

Staff Counsel, New York State U.S.

Nuclear Regulatory Commission

.Public Service Commission W0shington, D.C.

20555 3 Rockefeller Plaza Albany, New York 12223 Stuart Diamond

• Stewart M.

Glass, Esq.

• f Environment / Energy Writer Regional Counsel NEWSDAY Federal Emergency Management Long Island, New York 11747 Agency 26 Federal Plaza New York, New York 10278 Spence Perry, Esq.

• James B.

Dougherty, Esq. *#

Acsociate General Counsel 3045 Porter Street, N.W.

Fcderal Emergency Management Agency Wa shing ton, D.C.

20008 Washington,.D.C.

20471 Fabian Palomino, Es'q.

• t Special Counsel to the Governor Executive Chamber Room 229 State Capitol Albany, New York 12224

>=by Y~~

Karl}t J. Le tsihe' KIRKPATRICK, LODKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M. Street, N.h.,

Suite 800 DATE:

March 2, 1984 Washington, D.C.

20036 By Hand Six Copies by Hand t

By Federal Express