ML20069H464

Joint Motion for Production of Documents Generated During 830309 Emergency Planning Exercise.Certificate of Svc Encl

ML20069H464
Person / Time
Site:	Indian Point
Issue date:	03/29/1983
From:	Potterfield A PARENTS CONCERNED ABOUT INDIAN POINT, PUBLIC INTEREST RESEARCH GROUP, NEW YORK, UNION OF CONCERNED SCIENTISTS
To:	Federal Emergency Management Agency, NEW YORK, STATE OF, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
ISSUANCES-SP, NUDOCS 8304060111
Download: ML20069H464 (3)

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UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENbNG I BOARf A10:07 a

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CONSOLIDATED EDIS0N COMPANY OF NEW YORK ) Docket Nos. 50-247 SP (Indian Point Unit 2) ) 50-286 SP POWER AUTHORITY OF THE STATE OF NEW YORK (Indian Point Unit 3) ) March 29, 1983 INTERVENORS' JOINT MOTION FOR PRODUCTION OF DOCUMENTS GENERATED DURING THE MARCH 1983 PLANNING EXERCISE To support the participation of intervenors' observers in the March 9, 1983 exercise, NYPIRG filed two discovery motions on February 22, 1983. The first motion, for Preservation and Production of Document Relevant to the Exercise of March 9,1983, was resolved by stipulation among intervenors, the NRC Staff, FEMA and the New York State Radiological Preparedness Group. The second motion, to Permit Entry Upon Land in Control of the Licensees, was denied by the Board on March 3, 1983 on the basis of the Commission's Order of August 20, 1982, which denied l

the same motion relative to the 1982 exercise. (T.

Intervenors now move for an order requiring the NRC Staff, FEMA gyg and the New York State Radiological Preparedness Group to produce documents nuva ,

$O described below, so that intervenors' presentation of testimony relating OO

,,0 to the March 1983 exercise and cross-examination of the FEMA witnesses can

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88 be most productive. The documents sought are:

ok we (a) all reports and draf ts of reports prepared in connection

@@ with the emergency planning exercise scheduled for March a3 a o = 9,1983, together with any additional documents which relate directly to or help explain or provide background for the information contained in such reports, and; SOA - - .. .- .

l (b) logs of phone calls made to reception centers, nursing homes, special facilities, or any other institution assigned a role in the emergency response plans, by the Argonne National Laboratories, or any other contractor engaged by FEMA to verify portions of the emergency response plans.

Efforts to negotiate with FEMA for the production of these documents have not been f ruitful. FEMA has expressed its fear that such production of observer reports may result in a " chilling effect" on future drills and on the ability of FEMA to make objective observations in the future.

As the Board is aware, the denial of intervenors' motion to be present on-site during the March 1982 drill was justified, in part, by the Commission on the ground that:

UCS/NYPIRG had access to extensive documentation generated by the NRC and FEMA staffs during the exercise and had ample legal tools at their disposal to secure the information they wished, following the exercise.

Commission Order of August 20, 1982, at p. 3.

In the absence of the production of such documents, the 1983 denial of intervenors' motion to be present on-site during the 1983 exercise, will result in a denial of access to information such that intervenors will be unable to probe the conclusions reached by FEMA about the drill.

The '! chilling effect" feared by the FEMA staff is undercut by the distribution of observer reports by other observers to the 1982 drill, j such as the reports of Stone and Webster, distributed to the Westchester County Officials last year. See Packet 3 of Parents Exhibit 2, admitted into evidence during the hearing of March 25, 1983, at T. .

The 1983 observer reports presumably have been digested by FEMA and incorporated into the report due April 15, 1983. Production of those documents to the intervenors at this time should not reasonably inhibit any aspect of FEMA's critique, l

i WHEREFORE, Intervenors request the Board to order the production l . .

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i of the documents described herein as soon as possible, so that intervenors may properly prepare their case regarding the 1983 exercise.

Dated: New York, New York March 29, 1983

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Amanda Potterfield, Esq. V New York Public Interest Research Group, Inc.

For Intervenors:

f UCS NYPIRC Parents WESPAC WBCA RCSE 9 Murray St., 3rd Floor New York, New York 10007 212-349-6460 CERTIFICATE OF SERVICE I hereby certify that the within Intervenors' Joint Motion was served on March 30, 1983 by hand delivery to those parties present at the hearing session, and served by first class mail, postage pre-paid on all others on the minimum service list for this proceeding.

Dated: New York, New York March 30, 1983 h- .

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Amanda Potterfield V New York Public Interest Research Group, Inc.

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