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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20039B5361981-12-16016 December 1981 Response to ASLB 811210 Order.Lists Preconst Activities Taken at Proposed Site.Certificate of Svc Encl ML20058M0481981-11-16016 November 1981 Order Granting Partial Initial Decision Vacated on Ground of Mootness ML20011A6091981-10-23023 October 1981 Motion for ASLB Order Allowing Withdrawal of Application & Terminating Adjudicatory Proceeding Before Aslb. Certificate of Svc Encl ML20010H2851981-09-14014 September 1981 Detailed Statement of Commonwealth of Ma TMI-related Contentions.Certificate of Svc Encl.Related Correspondence ML20010H2401981-09-14014 September 1981 Confirms That ASLB Need Not Rule on Motion for Protective Order Re Commonwealth of Ma 810814 Notice of Deposition. Applicant Production of Documents Obviates Need for Deposition.Certificate of Svc Encl.Related Correspondence ML20010H2431981-09-14014 September 1981 Motion to Compel Answers to First Set of Interrogatories Directed to Util Re TMI Issues.Certificate of Svc Encl. Related Correspondence ML20010H2831981-09-14014 September 1981 Conditional Notice of Withdrawal of Listed Portions of 810821 Emergency Planning Contentions.Withdrawal Conditional on Incorporation of Revised Evaucation Study in Psar.W/ Certificate of Svc.Related Correspondence ML20005B8851981-09-0909 September 1981 Errata Sheet to Commonwealth of Ma 810824 Request for Clarification/Motions for Extension of Time for Filing Direct Testimony on Emergency Planning & Ruling Re Rebuttal Testimony.Certificate of Svc Encl.Related Correspondence ML20010G5081981-09-0808 September 1981 Response to Commonwealth of Ma First Set of Document Requests Re TMI Issues.Certificate of Svc Encl ML20005B9081981-09-0202 September 1981 Suppl to Commonwealth of Ma 810824 Motion to Extend Time for Filing Direct Testimony on Emergency Planning.Addl Listed Events,Which Occurred Since Motion Filed,Lend Support to Motion.Certificate of Svc Encl ML20005B9251981-09-0101 September 1981 Response to NRC First Set of Interrogatories Directed to Commonwealth of Ma.Certificate of Svc Encl.Related Correspondence ML20005B9331981-08-28028 August 1981 Supplemental Response to First Set of Interrogatories Re Emergency Planning in Compliance W/Aslb 810820 Ruling on Discovery.Certificate of Svc Encl.Related Correspondence ML20005B9301981-08-28028 August 1981 Response to First Set of Interrogatories Re TMI Issues, App B to NUREG-0718.Related Correspondence ML20010C9041981-08-17017 August 1981 Responses to Applicants' Interrogatories Re Emergency Planning & TMI-2 Related Issues.Prof Qualifications & Certificate of Svc Encl.Related Correspondence ML20010D1631981-08-17017 August 1981 Request for Prehearing Conference to Be Held on 810901 & for Rescheduling of Argument on Exceptions to Partial Initial Decision.Certificate of Svc Encl ML20010D1721981-08-14014 August 1981 Response to Commonwealth of Ma Second Set of Interrogatories Re Emergency Planning.Protective Order Re Production & Identification of Repts Prepared by Hmm Associates Should Be Granted.Certificate of Svc Encl.Related Correspondence ML20010C8401981-08-14014 August 1981 Notice of 810904 Depositions of Rh Cunningham,Rj Merlino & Util Employee W/Described Knowledge.Existence,Methodology & Results of Studies Re 10 & 30-mile Evacuation Radius to Be Addressed.W/Certificate of Svc.Related Correspondence ML20010C8451981-08-14014 August 1981 Notice of 810902 Deposition of Persons Designated by NRC to Have Knowledge of Methodology & Results of Analysis of Accident Consequences & Feasibility of Protective Actions. W/Certificate of Svc.Related Correspondence ML20010C8521981-08-14014 August 1981 Motion for Order to Compel Production of Documents Per Commonwealth of Ma 810701 First Set of Requests.Util Response Inconsistent W/Proper Purpose & Scope of Discovery. Certificate of Svc Encl.Related Correspondence ML20010C5951981-08-14014 August 1981 Request for Production of Documents Directed to NRC Re TMI-2.Certificate of Svc Encl.Related Correspondence ML20010C5801981-08-14014 August 1981 Interrogatories Directed to NRC Re Emergency Planning & TMI-2 Related Issues.Related Correspondence ML20010C4411981-08-12012 August 1981 Motion Requesting That Scheduled Aslab 810901 Oral Argument & ASLB 810901 Prehearing Conference Not Be Held on Same Day. Certificate of Svc Encl ML20010C2911981-08-10010 August 1981 Answer in Opposition to Applicant 810804 Motion for Protective Order.Applicant Arguments Are Absurd & Indicative of Lack of Concern for Public Safety.Certificate of Svc Encl ML20010C2981981-08-10010 August 1981 Motion to Reconsider ASLB 810803 Denial of State of Il 810715 Motion to Modify Prehearing Conference Order.Stated Grounds for Denial Are Inaccurate.Certificate of Svc Encl ML20010B2031981-08-0505 August 1981 Second Set of Requests for Production of Documents Directed to NRC Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20010B3071981-08-0505 August 1981 Second Set of Interrogatories Directed to NRC Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20010A8951981-08-0404 August 1981 Motion for Protective Order & Answer to Commonwealth of Ma Motion to Compel.Motion Should Be Denied.Certificate of Svc Encl.Related Correspondence ML20010A8841981-08-0404 August 1981 Motion to Amend ASLB 810702 Prehearing Conference Order, Changing Commencement Date of Hearing on Emergency Planning Issues from 811009 to 13.Applicant Counsel Has Prior Engagement.Certificate of Svc Encl ML20010A8861981-08-0404 August 1981 Second Set of Interrogatories Directed to Util Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20010A8881981-08-0404 August 1981 Second Set of Requests for Production of Documents Directed to Util Re Emergency Planning.Certificate of Svc Encl. Related Correspondence ML20010A8811981-08-0404 August 1981 Response to Commonwealth of Ma Request for Production of Documents (First Set).Objects to Certain Requests as Overly Broad & Burdensome.Certificate of Svc Encl.Related Correspondence ML20009F8361981-07-27027 July 1981 Interrogatories Directed to Commonwealth of Ma Re Emergency Planning & TMI-related Issues.Certificate of Svc Encl. Related Correspondence ML20009F8511981-07-24024 July 1981 Application for Subpoena Directed to Argonne National Computer Ctr to Produce Any Software or Document Containing or Describing Mod or Improvement to Crac Code Since Development.Certificate of Svc Encl ML20009F8481981-07-24024 July 1981 Answer Opposing NRC 810710 & 15 Motions for Protective Order.Nrc Misperceived & Mischaracterized Nature of Questions.Commonwealth of Ma Is Requesting NRC Position on Issues,Not Info on Issues ML20009F8451981-07-24024 July 1981 Motion to Compel Answers to Commonwealth of Ma First Set of Interrogatories Directed to Util Re Emergency Planning. Interrogatories Are Relevant to Contentions.Certificate of Svc Encl ML20005B9541981-07-20020 July 1981 Response to Commonwealth of Ma First Set of Interrogatories Re Emergency Planning.Prof Qualifications & Certificate of Svc Encl.Related Correspondence ML20009D0721981-07-15015 July 1981 Motion to Modify Prehearing Conference Order.Order Should Reflect Commonwealth Objection to Proceed W/Conference W/O Court Reporter,Request for 2-month Discovery Period & Request to Change Date to 810831.W/Certificate of Svc ML20005B4011981-07-0101 July 1981 First Set of Requests for Documents Directed to NRC Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20005B4001981-07-0101 July 1981 First Set of Interrogatories Directed to Applicant Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20005B3981981-07-0101 July 1981 First Set of Interrogatories Directed to NRC Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20005B3791981-07-0101 July 1981 First Set of Requests for Production of Documents Re Emergency Planning Directed to Util.Certificate of Svc Encl.Related Correspondence ML20005A4071981-06-17017 June 1981 Answer of a & M Cleeton Supporting Applicant Motion for Order Scheduling Further Proceedings Re Emergency Planning. Certificate of Svc Encl ML20005A4361981-06-17017 June 1981 Brief in Opposition to Exceptions Taken by Intervenors Ma Wildlife Federation,Commonwealth of Ma & AR & MW Cleeton Re ASLB 810202 Partial Initial decision,LBP-81-3.Certificate of Svc Encl ML20126M3831981-06-0909 June 1981 Answer Supporting Applicant Motion for Order Scheduling Proceedings on Emergency Planning,W/Suggested Revisions to Proposed Schedule.First Prehearing Conference & Opening of Discovery Would Be on 810622.W/Certificate of Svc ML20004E7901981-06-0404 June 1981 Motion for Order Scheduling Further Proceedings on Emergency Planning as Listed.First Prehearing Conference & Opening of Discovery Should Be on 810622,w/discovery Closing on 810722.Certificate of Svc Encl ML20004B6071981-05-21021 May 1981 Brief Supporting Exceptions to ASLB Partial Initial Decision Findings of Fact & Conclusions of Law on All Matters Except Emergency Planning & TMI-2 Related Issues.Constitutionality of Regulation Should Be Decided.Certificate of Svc Encl ML20004B6051981-05-21021 May 1981 Motion for Leave to File Brief in Support of Exceptions Out of time.Two-day Delay Was Caused by Sudden Illness of Secretary.Certificate of Svc Encl ML20004B6941981-05-19019 May 1981 Exceptions to ASLB Partial Initial Decision.Aslb Erred in Considering Benefits Vs Costs Before Evidentiary Hearings on Emergency Planning & TMI-2 Issues.Certificate of Svc Encl ML20004B6481981-05-19019 May 1981 Brief in Support of Exceptions 1,2 & 6 to ASLB 810202 Partial Initial Decisions.Decision Should Be Reversed & Matter Remanded for Further Considerations of Class 9 Accidents.Certificate of Svc Encl ML20003D2731981-03-12012 March 1981 Joint Motion for Consolidation of Date for Filing Briefs & Extension Until 810519 to File Briefs.Good Cause for Commonwealth of Ma Is Necessity for Thorough Review,Counsel Illness & Litigation Obligations.Certificate of Svc Encl 1981-09-09
[Table view] Category:PLEADINGS
MONTHYEARML20011A6091981-10-23023 October 1981 Motion for ASLB Order Allowing Withdrawal of Application & Terminating Adjudicatory Proceeding Before Aslb. Certificate of Svc Encl ML20010H2431981-09-14014 September 1981 Motion to Compel Answers to First Set of Interrogatories Directed to Util Re TMI Issues.Certificate of Svc Encl. Related Correspondence ML20005B8851981-09-0909 September 1981 Errata Sheet to Commonwealth of Ma 810824 Request for Clarification/Motions for Extension of Time for Filing Direct Testimony on Emergency Planning & Ruling Re Rebuttal Testimony.Certificate of Svc Encl.Related Correspondence ML20005B9081981-09-0202 September 1981 Suppl to Commonwealth of Ma 810824 Motion to Extend Time for Filing Direct Testimony on Emergency Planning.Addl Listed Events,Which Occurred Since Motion Filed,Lend Support to Motion.Certificate of Svc Encl ML20010D1631981-08-17017 August 1981 Request for Prehearing Conference to Be Held on 810901 & for Rescheduling of Argument on Exceptions to Partial Initial Decision.Certificate of Svc Encl ML20010C8521981-08-14014 August 1981 Motion for Order to Compel Production of Documents Per Commonwealth of Ma 810701 First Set of Requests.Util Response Inconsistent W/Proper Purpose & Scope of Discovery. Certificate of Svc Encl.Related Correspondence ML20010C4411981-08-12012 August 1981 Motion Requesting That Scheduled Aslab 810901 Oral Argument & ASLB 810901 Prehearing Conference Not Be Held on Same Day. Certificate of Svc Encl ML20010C2911981-08-10010 August 1981 Answer in Opposition to Applicant 810804 Motion for Protective Order.Applicant Arguments Are Absurd & Indicative of Lack of Concern for Public Safety.Certificate of Svc Encl ML20010C2981981-08-10010 August 1981 Motion to Reconsider ASLB 810803 Denial of State of Il 810715 Motion to Modify Prehearing Conference Order.Stated Grounds for Denial Are Inaccurate.Certificate of Svc Encl ML20010A8951981-08-0404 August 1981 Motion for Protective Order & Answer to Commonwealth of Ma Motion to Compel.Motion Should Be Denied.Certificate of Svc Encl.Related Correspondence ML20010A8841981-08-0404 August 1981 Motion to Amend ASLB 810702 Prehearing Conference Order, Changing Commencement Date of Hearing on Emergency Planning Issues from 811009 to 13.Applicant Counsel Has Prior Engagement.Certificate of Svc Encl ML20009F8481981-07-24024 July 1981 Answer Opposing NRC 810710 & 15 Motions for Protective Order.Nrc Misperceived & Mischaracterized Nature of Questions.Commonwealth of Ma Is Requesting NRC Position on Issues,Not Info on Issues ML20009F8451981-07-24024 July 1981 Motion to Compel Answers to Commonwealth of Ma First Set of Interrogatories Directed to Util Re Emergency Planning. Interrogatories Are Relevant to Contentions.Certificate of Svc Encl ML20009D0721981-07-15015 July 1981 Motion to Modify Prehearing Conference Order.Order Should Reflect Commonwealth Objection to Proceed W/Conference W/O Court Reporter,Request for 2-month Discovery Period & Request to Change Date to 810831.W/Certificate of Svc ML20005A4071981-06-17017 June 1981 Answer of a & M Cleeton Supporting Applicant Motion for Order Scheduling Further Proceedings Re Emergency Planning. Certificate of Svc Encl ML20126M3831981-06-0909 June 1981 Answer Supporting Applicant Motion for Order Scheduling Proceedings on Emergency Planning,W/Suggested Revisions to Proposed Schedule.First Prehearing Conference & Opening of Discovery Would Be on 810622.W/Certificate of Svc ML20004E7901981-06-0404 June 1981 Motion for Order Scheduling Further Proceedings on Emergency Planning as Listed.First Prehearing Conference & Opening of Discovery Should Be on 810622,w/discovery Closing on 810722.Certificate of Svc Encl ML20004B6051981-05-21021 May 1981 Motion for Leave to File Brief in Support of Exceptions Out of time.Two-day Delay Was Caused by Sudden Illness of Secretary.Certificate of Svc Encl ML20004B6941981-05-19019 May 1981 Exceptions to ASLB Partial Initial Decision.Aslb Erred in Considering Benefits Vs Costs Before Evidentiary Hearings on Emergency Planning & TMI-2 Issues.Certificate of Svc Encl ML20003D2731981-03-12012 March 1981 Joint Motion for Consolidation of Date for Filing Briefs & Extension Until 810519 to File Briefs.Good Cause for Commonwealth of Ma Is Necessity for Thorough Review,Counsel Illness & Litigation Obligations.Certificate of Svc Encl ML20003D1861981-03-0505 March 1981 Request for Order Setting Time Period for Filing Brief in Opposition to Exceptions to Partial Initial Decision.Date Should Run from Filing of Last Brief in Support of Exceptions.Granted for ASLAB,810309 ML20003D2181981-03-0505 March 1981 Request for Order That Time Frame for Applicants to File Brief Opposing Exceptions from Partial Initial Decision Will Run from Date Last Supporting Brief Was Filed.One Brief Will Respond to All Exceptions.W/Certificate of Svc ML19350A2901981-03-0202 March 1981 Response to ASLB 810219 Order,Notifying ASLB That Applicant Can Be Ready to Proceed W/Remaining Emergency Planning Hearings After NRC Files Ser.Certificate of Svc Encl ML19341D4681981-02-25025 February 1981 Appeal & Exceptions to ASLB 810202 Partial Initial Decision. ASLB Erred in Considering Benefits Vs Costs Before Evidentiary Hearing & in Not Determining Effect of Unsolved Generic Matters on CP Issuance.W/Certificate of Svc ML20003C1231981-02-18018 February 1981 Appeal & Exception to ASLB 810202 Partial Initial Decision. Board Erred in Concluding Suitability of Site from Geographic & Population Viewpoints & That Population Density Is within Established Guidelines.Certificate of Svc Encl ML20003C3251981-02-18018 February 1981 Exceptions to Partial Initial Decision & ASLB 780714 Order. Exceptions:Aslb Denied Petitioner Opportunity to Litigate Cost/Benefit Analysis & Requirement to Install Addl Radwaste Filtration & Containment Sys.Certificate of Svc Encl ML19338E1861980-09-18018 September 1980 Response Stating No Objection W/O Concurring in State of Ma Motion to Suppl Hearing Record on Need for Power Re Energy & Peak Demand Forecasts.Reserves Right to Oppose Future Attempts to Reopen Record.Certificate of Svc Encl ML19332A0351980-09-0303 September 1980 Motion to Include Latest Util 10-yr Energy & Peak Demand Forecasts in 790718 Hearings Re Need for Power.Urges Opportunity to Suppl Findings of Fact by All Parties Re Decline in Growth Rates.Certificate of Svc Encl ML19296B9811980-02-0909 February 1980 Statement in Response to ASLB 800117 Order Requesting Views Re Whether Emergency Planning Is Proper Issue in Proceeding. Urges Dismissal of Issue Due to Development of Present Emergency Planning Rulemaking ML19294B7241980-02-0707 February 1980 Statement in Response to ASLB 800117 Order Re Emergency Planning as Proper Issue in Proceeding.Issue Must Be Litigated Prior to CP Issuance.Psar & NRC Safety Evaluation Must Be Issued Prior to Hearing.Certificate of Svc Encl ML19305B0361980-02-0101 February 1980 Response to ASLB 800118 Order Requesting Statements Re Emergency Planning.Issue Must Include Boston,Providence, Cape Cod & Franklin,Ma Metropolitan Areas.Urges Transport of Spent Fuel by Barge to Sc.Certificate of Svc Encl ML19211A8081979-12-0505 December 1979 Reply in Opposition to Intervenor State of Ma 791105 Proposed Findings of Fact & Conclusions of Law.Number of Conceptual Legal & Factual Errors Prevade Certain Findings on Applicant Financial Qualifications & Other Issues ML19253C9271979-11-30030 November 1979 Objects to ASLB 780714 Order in Lieu of Requests for Findings of Fact & Conclusions of Law.Application of App 1 to Proceeding Violates Procedural & Substantive Rights. Certificate of Svc Encl ML19256E1821979-09-26026 September 1979 Response to NRC Motion to Defer Emergency Planning Issue. Supports Part of Motion Requesting Establishment of Schedule for Filing Proposed Findings Re Completed Issues ML19254F2211979-09-25025 September 1979 Memorandum in Opposition to Dismissal of Commonwealth of Ma Emergency Planning Contention Addressed During 790910 Conference Telcon.Urges ASLB Defer Next Hearings Until New Regulations Issued.Certificate of Svc Encl ML19209B2131979-08-24024 August 1979 Application for Subpoenas to Be Issued to Ma Dept of Public Health & to Ma Civil Defense Agency & Ofc of Emergency Preparedness for Attendance at 791001 Hearings on Util CP Application.Ltr Re Facility Monitoring Sys Agreement Encl ML19209B8851979-07-27027 July 1979 Motion to Defer Evidentiary Hearings on Emergency Planning & Class 9 Accidents,Scheduled to Begin on 790827.Concerned That Topics of Hearings Will Be Given Only Superficial Attention.Certificate of Svc Encl ML19208D6121979-07-27027 July 1979 Motion for Extension Until 790907 to File J Beyea Written Testimony & to Schedule Witness Appearance on or After 790921.J Beyea,Nuclear Physicist at Princeton Univ,Is Presently Committed to Finish Study on TMI-2 Accident ML19207B9651979-07-16016 July 1979 Motion to Schedule Testimony of Weiner,Legrow,Bourcier & Bartsow of Boston Edison & Chernick & Geller of Commonwealth of Ma.Date Should Be No Sooner than 790723. Certificate of Svc Encl ML19246C3691979-06-29029 June 1979 Second Motion Submitted by Util That ASLB Take Official Notice of Certain State Statutes,Court Decisions & Documents from States of Vt,Nh,Ri & Ct.Certificate of Svc Encl ML19256B4821979-06-26026 June 1979 Boston Edison Motion for Protective Orders & Objections to Commonwealth of Ma Interrogatories 33,34,35(d) & 39-41 Re Need for Power Issue ML19246C0021979-06-22022 June 1979 Boston Edison Motion for Extension Until 790709 to Answer Commonwealth of Ma Interrogatories Re Need for Power Issue ML19246C0211979-06-11011 June 1979 Boston Edison Motion to Take Official Notice of Certain State Statutes Court Decisions of Nh,Ct,Vt & Ri.Certificate of Svc Encl ML19225A3081979-06-0808 June 1979 Boston Edison Memo in Support of Admission of Expert Opinion Evidence in Proceeding ML19225A2951979-06-0707 June 1979 Commonwealth of Ma Objections to Admission of Boston Edison 780802 Legal Opinions During 790611 Hearing.Certificate of Svc Encl ML19246B8671979-06-0707 June 1979 Commonwealth of Ma Interrogatories Directed to NRC Re Need for Power Issue.Certificate of Svc Encl ML19246B0341979-06-0101 June 1979 Ma Governor Ofc of Energy Resources Support of 790524 Petition to Participate as Interested State Agency Or,In Alternative,To Make Limited Appearance.Certificate of Svc Encl ML19225A1001979-06-0101 June 1979 Response of Intervenor Cleetons in Opposition to Ma Ofc of Energy Resources 790524 Petition for Leave to Participate as Interested State Agency.Certificate of Svc Encl ML19224D2241979-06-0101 June 1979 Commonwealth of Ma Response to Ma Governor Ofc of Energy Resources Petition to Participate as Interested State Agency in Proceeding.Expresses Some Remarks,But Does Not Object Participation.Certificate of Svc Encl ML19246B6871979-06-0101 June 1979 Boston Edison Response to Ma Ofc of Energy Resources 790523 Petition to Participate as Interested State Agency. Petitioners Participation Is Encouraged & Appropriate as Matter of Policy.Certificate of Svc Encl 1981-09-09
[Table view] |
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EC PUBLIC DOCUENI ROOM UNITED STATES OF AMERICA ,
NUCLEAR REGULATORY COMMISSION '
3 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ' f. . . ,
N. 's ,_ .r ? ,'
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In the Matter of )
)
BOSTON EDISON COMPANY et al. ) Docket No. 50-471
)
(Pilgrim Nuclear Generating Station,)
Unit 2) )
)
APPLICATION PC.R SUBPOENAS Applicants' Boston Edison Ccmpany et al.make application herein to the Chairman of this Board, pursuant to S 2.720 of the Commission's Rules of Practice 10 CFR Part 2 that sub-poenas issue requiring: the attendance of the " Department of Public Health" and the " Civil Defense Agency and Office of Emergency Preparedness" both of the Commonwealth of Massachusetts, by its respective officers or designees, Gerald Parker, Director of Radiation Programs of the Depart-ment of Public Health, and Robert Cunningham, Director of the Commonwealth of Massachusetts Office of Civil Defense and Emergency Preparedness or such other officer (s) or designee (s) whom said department and agency shall designate, at hearings to be conducted by this Board, on October 1,
, .i r 13\\3 -a 7910090jf31-
1979 at Memorial Hall, Plymouth, Massachusetts on the appli-cation of Boston Edison Company et al. for authorization under the Atomic Energy Act of 1954 as amended (68 Stat 919) to construct a nuclear power plant facility viz. Pilgrim Unit 2; and to give testimony relative to the responsibility of said Department and Agency for emergency planning to protect the health and safety of the public, the existing and proposed emergency plans of said Department and Agency to respond to a nuclear incident and as to the feasibility cf the implementation of such plans in connection with the subject Pilgrir Unit 2 facility; and to bring with them documentation relating to aforesaid subjects, including but not limited to the following:
The Nuclear Incident Advisory Team (NIAT) Handbook, June 1979 draft; Commonwealth of Massachusetts Civil Defense Agency Emergency Response to Nuclear Incidents, " Planning Develop-ment System";
Commonwealth of Massachusetts Civil Defense Agency and Office of Emergency Preparedness " Work Progress Summaries -
Review and Planning Document", and
" Commonwealth of Massachusetts Compre-hensive Emergency Response Plan, January 1978";
Massachusetts Civil Defense Agency Executive Office of Public Safety,
" Commonwealth of Massachusetts Com-prehensive Emergency Response Plan Appendix 3 Emergency Response to Nuclear Incidents",
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and that said subpoenas request that said Department and Agency, through their designees, subject to the latter's convenience, prepare written testimony as to the foregoing subjects for filing with this Board on or before September 14, 1979, and to provide the Applicants with a copy thereof, together with a copy of the aforesaid requested documents, for reproduction thereof and for service upon the' parties in this proceeding.
As grounds for its application for subpoenas, Appli-cants say: that the Department of Public Health and the Civil Defense Agency and Cffice of Emergency Preparedness are the agencies responsible for Emergency Planning and its implementation in the Commonwealth of Massachusetts; that these agencies have developed emergency plans to respond to nuclear incidents and are in the process of expanding said plans, all as is set forth in a letter of agreement dated July 25, 1975 from the Attorney General, by Alan B. Sher, Assistant Attorney General,tc William S.
Abbott, Esq. and Penn S. Moulton, Esq., which was filed in the case of Plymouth County Nuclear Information Committee, Inc. v. Boston Edison Comoany.et al., D. C. Mass. Docket No. C. A. No. 73-933-Mc, a copy of which is attached hereto as Exhibit 1; that Applicants are advised that rep-resentatives of the Department of Public Health and the
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Civil Defense Agency and Office of Emergency Preparedness are amenable to appearing as witnesses and giving testimony in this proceeding but because of the public offices they hold and because they are represented by the Attorney General in other proceedings are reluctant to appear solely on the request of the. Applicants; that the Attorney General through Assistant Attorney General Francis S. Wright, attorney of record in this proceeding, has been recuested to have representatives of the Department of Public Health and the Civil Defense Agency and Office of Emergency Prepar-ec. ness appear at this proceeding and to give testimony and that he has declined to do so.
BOSTON EDISON COMPANY By its Attorneys,
% M George H. Lewald Ropes & Gray 225 Franklin Street Boston, '4 ass. 02110 DS Sboo Dale G. Stoodley Boston Edison Company 800 Boylston Street Boston, Mass. 02199 Dated: August 2h, 1979 1
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.THE COMMONWEALTH OF M ASSACHUSETTS
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. EXHIBIT]1-4 ,9*
- DEPARTMENT OF' THE ATTORNEY GENERAL
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. JOHN W. Mc CORMACK STATC OFFICE BUILDING ONc ADHBURTON PLACC. BOSTON 02108
[+.9 FRANCIS X. SCLLQT"*
= ma . <v . c .. u July 25, 1979 William S. Abbott, Esq.
Simonds , Winslow, Willis & Abbott 50 Congress Street Boston, MA 02109 -
Penn S. Moulton, Esq.
9 Egremont Street (#10) ,
Boston, MA Re: Plymouth County Nuclear Information Committee, Inc. v. Boston Edison Company, et al.
C.A. No. 79-933-Mc
Dear Mr. Abbott and Ms. Moulton:
Following are the agreements of the Massachusetts Department of Public Health, the Massachusetts Civil Def ense Agency and Office of Emergency Preparedness., and the .
Massachusetts Department of Dublic Works, with respect to this case.
I. The Department of Public Health The Department of Public Health agrees to undertake an expanded system of monitoring in the vicinity of the Pilgrim I nuclear power plant in Plymouth, Massachusetts. The components of that expanded monitoring system are the following:
(1) The Department will implement promptly, with the support of the Nuclear Regulatory Commission (NRC)', an expanded Thermoluminescent Dosimeter (TLD) network at .
various distances out to approximately ten miles from the Pilgrim I site. This network will consist of the deployment of approximately forty to fifty TLDs'within a ten-mile radius of the site. Certain TLDs will be placed and monitored at population centers. Certain TLDs will be y
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deployed alongside TLDs of the Boston Edison Co.' for purposes of verification. The actual location of such expanded TLD deployment will be determined by the Department and the NRC af ter the Department has consulted EE with the plaintiffs. The TLDs referred to in this
~
paragraph will be made available to the NRC by the Department for reading no less often than approximately once per quarter year. ,
(2) The Department will continue to operate and maintain seven Department TLDs within the boundaries of the Pilgrim I site. Such TLDs (including the TLDs referred to in .
paragraph 3 below) will be read and monitored by the.
Department no less often than approximately once per month.
(3) The Department will continue to operate and maintain a Department TLD located at the Plymouth Fire Station, approximately three miles from the Pilgrim I site.
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(4) The Department will continue to send its personnel, -
approximately two times each month, to the Pilgrim I site for the purposes of reading, frca autcmatic strip chart recorders, the quantity of radioactive gaseous releases as monitored at the power plant stack and at the reac'or building main vent. During such inspections the Department will take reasonable steps to determine that the monitoring equipment is working properly and in accordance with equipment standards.
(5) The Department will continue to send its personnel, approximately two times each month, to the Pilgrim I site for .the purpose of recording data regarding the batch release of liquid effluents from the Pilgrim I plant into the ocean, such data to include cuantities of radionuclides in the effluent and the dilution' fact 6rs ' applied to the ~
effluent. During such inspections, the Department will take reasonable steps to determine that the monitoring equipment is working properly and in accordance with equipment standards.
(6) In the event of any incident involving the release or possible release of radioactive emissions either within the plant or odtside the plant which are required to be reported to the Nuclear Regulatory Commission or could pose a public health threat to the public or to plant workers, the Department will continue to send promptly its personnel to the plant to make a determination of such public health threat and recommend appropriate remedial action including' implementation of any or all elements of the Emergency Response Plan for Pilgrim I.
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The Department will provide records of all data collected by the Department monitoring system and of all inspection-
, visits to Pilgrim I (both scheduled and unscheduled) ,
approximately on a monthly basis, to the Chief Librarian of the Plymouth Public Library, such records to be available for
's public inspection.
II. The Massachusetts Civ.il Defense Agency and Of fice of Emergency Preparedness ,
The Massachusetts Civil Defense Agency and Office of -
Emergency Preparedness will create and implement an expanded plan for a comprehensive emergency response in the case of a nuclear incident at Pilgrim I involving the release or possible release of radiation.
The components of that expanded plan will include:
(1) planning for the full range of potential nuclear power-
. plant incidents, including a " class 9" incident; (2) planning for the full and effective participation of appropriate state and federal agencies, local communities, and the Boston Edison Co.;
(3) expansion of the present Emergency Response to Nuclear Incident Plan from an area within a five-mile radius of the Pilgrim I nuclear power plant to an area within a ten-mile radius of the Pilgrim I nuclear power plant (such Plan will provide area);
for the evacuation of persons within such ten-mile (4) creating and implementing an expanded Emergency.
Response Plan of protective action guidelines for an area within a fif ty-mile radius of the Pilgrim I nuclear power plant, such guidelines to include, but. not necessarily to be limited to: sheltering procedures; limited inter-community relocetion; and protection of food supplies; (5) testing all elements of the expanded Plan as outlined in paragraphs 3 and 4 above to assure full awareness of and administrative feasibility of all of the plan's operating features, by Boston Edison Co. and all public agencies involved in the implementation of such Plan.
.(6) publication and dissemination of information as to all' elements of the Plan defined in paragraphs 3 and 4 above to ensure maximum public awareness of such Plan.
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The Massachusetts Civil Defense Agency and Office of Emergency Preparedness hereby commits itself to making a good faith effort to finalize the expanded Plan, as generally described above, before December 31, 1979. Such final expanded Plan will be submitted to the Nuclear Regulatory Commmission for its concurrence on or before that date.
III. The Department of Public Works' The Department of Public Works has adopted as state regulations Title 49 C.F.R. 55171-173, 177-179 (the .
Regulation), a comprehensive and effective method of prescribing the means and methods of shipping hazardous materials which include the shipment of radioactive material.
The regulations were adopted on November 24, 1978, and are effective on all state highways. See 72 0 .C.M.R. 58.00. In addition, all radioactive shipments to and from Pilgrim I are in interstate commerce and thus are governed by all existing federal regulations. .
Althcugh the Department feels very strongly that the adoption of the said Regulation establishes adequate standards with regard to such shipments, the Department _ stands ready to discuss suggestions from the plaintiff to improve such procedures. In this connection, the Department is prepared to meet and to discuss with the plaintiff all relevant regulatory issues including, but not limited to, routing and time of shipments.
Due to fiscal, personnel and vehicle constraints the Department cannot agree to provide escorts for radioactive shipments, or, for that matter, any other hazardous commodity and believes that such a commitment would _bje unreasonable. The Department would, however, be willing to discuss with the plaintiff the advisability of an escort requirement which provides that any such escort is to be provided by the shipper, the carrier or others.
As a general matter, the Department expresses its willingness to draft and seek approval of any enabling legislation it deems necessary to implement any and all regulatory or other changes the Department believes to be advisable as a result of the review with the plaintiff as outlined above.
Very truly yours, ,_
x l. }k
., Alan B. Sherr Assistant Attorney General.
Counsel to the state defendants ABS':j'
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