ML20137H629

Third Set of Interrogatories Re Emergency Planning & Request for Production of Certain Documents.Certificate of Svc Encl. Related Correspondence

ML20137H629
Person / Time
Site:	Harris
Issue date:	11/25/1985
From:	Hollar D CAROLINA POWER & LIGHT CO.
To:	EDDLEMAN, W.
References
CON-#485-338 OL, NUDOCS 8512020434
Download: ML20137H629 (11)

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Novem 25,1985 UNITED STATES OF AMERICA '85 NOV 27 P4:09 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAREih bN ,

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CAROLINA POWER & LIGHT COMPANY )

AND NORTH CAROLINA EASTERN ) Docket No. 50-400 OL MUNICIPAL POWER AGENCY )

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(Shearon Harris Nuclear Power Plant) ) -

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APPLICANTS' EMERGENCY PLANNING INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ,

TO INTERVENOR WELLS EDDLEMAN (THIRD SET)

Pursuant to 10 C.F.R. SS 2.740(b) and 2.741 and to the schedule established by the Atomic Safety and Licensing Board for discovery on Wells Eddleman Contentions EPX-2 and EPX-8, Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency hereby request that Interverw Wells Eddleman answer separately and fully in writing, and under oath or affirmation, each of the following interrogatories, and produce and permit inspection and copying of the original or best copy of all documents identified in the responses to interrogatories below. Answers or objections to these interrogatories and responses or objections to the request for production of documents must be served no later than December 23,1985.

These interrogatories are intended to be continuing in nature, and the answers should promptly be supplemented or amended as appropriate, pursuant to 10 C.F.R. 52.740(e), should Mr. Eddleman or any individual acting on his behalf obtain any new or su2188M Bus $go G

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differing information responsive to these interrogatories. The request for production of documents is also continuing in nature and Afr. Eddleman must produce immediately any additional documents he, or any individual acting on his behalf, obtains which are responsive to the request, in accordance with the provisions of 10 C.F.R. S2.740(e).

Where identification of a document is requested, briefly describe the document (g, book, letter, memorandum, transcript, report, handwritten notes, test data) and provide the following information as applicable: document name, title, number, author, date of publication and publisher, addressee, date written or approved, and the name and address of the person or persons having possession of the document. Also state the portion or portions of the document (whether section(s), chapter (s), or page(s)) upon which you rely.

Definitions: As used hereinafter, the following definitions shall apply:

" Applicants" is intended to encompass Carolina Power & Light Company, North, Carolina Eastern 31unicipal Power Agency and their contractors for the Harris Plant.

" Document (s)" means all writings and records of every type in the possession, control or custody of Wells Eddleman or any individual acting on his behalf, including, but not limited to, memoranda, correspondence, reports, surveys, tabulations, charts, books, pamphlets, photographs, maps, bulletins, minutes, notes, speeches, articles, transcripts, voice recordings and all other writings or recordings of any kind; " document (s)" shall also mean copies of documents eve: though the originals thereof are not in the possession, custody, or control of Str. Eddleman; a document shall be deemed to be within the

" control" of Str. Eddleman or any individual acting on his behalf if he has ownership, possession or custody of the document or copy thereof, or has the right to secure the document or copy thereof, from any person or public or private entity having physical possession thereof.

GENERAL INTERROG ATORIES 1(a). State the name, present or last known address, and present or last known employer of each person known to you to have first-hand knowledge of the facts alleged, and upon which you relied in formulating allegations in the contentions which are the subject of this set of interrogatories.

(b). Identify those facts concerning which each such person has first-hand knowledge.

(c). State the specific allegation in the contention which you contend such facts support.

2(a). State the name, present or last known address, and present or last employer of each such person, other than affiant, who provided information upon which you relied in answering each interrogatory herein, or who otherwise assisted you in answering each interrogatory herein.

(b). Identify all such information which was provided by each such person and the specific interrogatory response in which such information is contained.

(c). For each such person who provided you with information upon which you relied in answering any interrogatory herein or who assisted you in answering any interrogatory herein and who is an expert (i) provide that person's expertise and facts supporting his expertise, (II) If that person has been " retained or specially employed,"

state in detail the facts underlying any " retained or specially employed status," (111) If that person's identity is being withheld, (A) explain the need to withhold such person's identity, (B) state the protection or privilege upon which you rely in withholding the i

person's identity (see Licensing Board's Stemorandum and Order of Stay 27,1983).

(d). For each such person who provided you with information upon which you relied in answering any interrogatory herein or who assisted you in answering any 1

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Interrogatory herein and who is not an expert, identify that person in accordance with the Licensing Board's Memorandum and Order of May 27,1983.

3(a). State the name, address, title, employer, education and professional qualifications of each person you intend to call as an expert witness or a witness relating to the contentions which are the subject of this set of interrogatories.

(b). State the subject matter to which each such person is expected to testify.

(c). For each such person you intend to call as an expert witness (i) provide that person's expertise and facts supporting his expertise, (ii) if that person has been

" retained or specially employed," state in detail the facts underlying any " retained or specially employed status," (iii) if that person's identity is being withheld, (A) explain the need to withhold such person's identity, (B) state the protection or privilege upon which you rely in withholding the person's identity (see Licensing Board's Memorandum and Order of May 27, 1983). ,

4(a). Identify all documents in your possession, custody or control, including all relevant page citations, pertaining to the subject matter of, and upon which you relied in formulating allegations in the contention which is the subject of this set of interrogatories.

(b). Identify the contention to which each such document relates.

(c). State the specific allegation in each contention which you contend each document supports.

5(a). Identify all documents in your possession, custody or control, including all relevant page citations, upon which you relleo in answering each interrogatory herein.

(b). Identify the specific interrogatory response (s) to which each such document related.

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6(a). Identify any other source of information, not previously identified in response to Interrogatory 2 or 5, which was used in answering the interrogatories set i forth herein.

l - (b). Identify the specific interrogatory response (s) to which each such source of l information relates.

7(a). Identify all documents which you intend to offer as exhibits during this proceeding to support the contention which is the subject of this set of interrogatories or j which you intend to use during cross-examination of witnesses presented by Applicants and/or the NRC Staff on the contention which is the subject of this set of interrogatories.

(b). Identify the particular page citations of each document applicable to the contention.

Interrogatories on Eddleman Contention EPX-2 EP X-2-1. Identify each and every person with whom you discussed alleged l

communications deficiencies during the Harris emergency planning exercise, who are associated with or work with the following organizations:

(a) North Carolina State Highway Patrol; (b) Harnett County Emergency Management Agency; (c) Chatham County Emergency Management Agency; I

(d) Emergency Medical Services Office; e

(e) State Emergency Response Team; (f) North Carolina Radiation Protection Section;

) (g) North Carolina Division of Emergency Management; (h) Federal Emergency Management Agency. l 1

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______________--____-__-____-__-------.--_-_-------------?

EPX-2-2. If your answer to any of the subparts to Interrogatory EPX-2-1 is other than an unequivocal "no one," describe the substance of your conversations and the information provided by any persons identified.

' E P X-2-3(a). Do you have any basis for any of the allegations in Contention EPX-2 other than information provided in " Evaluation Report: Shearon Harris Nuclear Power Plant Exercise, May 17-18, 1985" which is signed by Phillip C. Riley, Chief State Evaluator?

(b). If your answer to subpart (a) above is other than an unequivocal "no," describe the additional information that you have about these allegations (including identifying all documents in your possession) and the particular allegation (s) to which the information relates.

EPX-2-4(a). Describe any and all changes you believe must be made in the offsite emergency plan to meet the concerns expressed in Contention EPX-2. ..

(b). Describe in detail the bases for your belief that such changes must

be made.

EPX-2-5(a). Describe any and all actions you believe must be taken, or changes you believe must be made (other than those identified in the answer to interrogatory EPX-2-4 above), to meet the concerns expressed in Contention EPX-2.

I (b). Describe in detail the bases for your belief that such actions must be taken and such changes made.

Interrogatories on Eddleman Contention EPX-8 i~

EPX-8-1. Identify each and every person with whom you discussed deficiencies in the use of the Emergency Broadcast System ("EDS") alleged to have

, occurred during the IIarris emergency planning exercise.

I EPX-8-2. If your answer to Interrogatory EPX-8-1 is other than an unequivocal "no one," describe the substance of your conversations and the information provided by any persons identified.

' EPX-8-3(a). Do you have any basis for any of the allegations in Contention EPX-8 other than the information provided in the report entitled "Shearon Harris Nuclear Station Exercise Conducted on May 17-18, 1985, Federal Emergency Management Agency" (" FEMA Exercise Report"), which was transmitted Gs Attachment 1 to Board Notification No.85-078 in this proceeding?

(b). If your answer to subpart (a) above is other than an unequivocal "no," describe the additional information that you have about these allegations (including identifying all documents in your possession) and the particular allegation (s) to which the information relates.

E P X-8-4. Referring to page 12 of the FEMA Exercise Report, specify in, detail all " Indications that procedures for activation and use of the EBS needed attention" before the State Emergency Response Team assumed control.

EPX-8-5. Referring to page 12 of the FEMA Exercise Report, explain in detail what information was omitted from "the initial instructions to evacuate certain zones and take shelter in others."

E P X-8-6. Referring to page 12 of the FEMA Exercise Report, explain how

" subsequent use of the system to provide adequate coverage of the area was never realized."

E P X-8-7. Referring to page 12 of the FEMA Exercise Report, explain in detail what information was omitted from the " incomplete" message prepared for one of the siren activations.

EPX-8-8. Referring to page 17 of the FEMA Exercise Report, specifically identify each of the " numerous problems" presented by the need to terminate a conference call in order to activate EBS.

E PX-8-9. Referring to page 18 of the FEMA Exercise Report, describe in detail how "EBS activation" should be " reviewed and streamlined."

EPX-8-10. Referring to page 18 of the FEMA Exercise Report, explain how

" communications with EBS" should be improved.

EPX-8-11. Specify in detail any aspect of the use of EBS (other than those aspects specifically identified in the answers to Interrogatories EPX-8-2 through EPX-8-10) which allegedly "was incomplete and ineffectively managed" during the exercise.

EPX-8-12(a). Describe any and all changes you believe must be made in the offsite emergency plan to meet the concerns expressed in Contention EPX-8.

(b). Describe in detail the bases for your belief that such changes must be made.

EPX-8-13(a). Describe any and all actions you believe must be taken, or changes you believe must be made (other than those identified in the answer to Interrogatory EPX-8-12 above), to meet the concerns expressed in Contention EPX-8.

(b). Describe in detail the bases for your belief that such actions must be taken and such changes made.

Request for Production of Documents Applicants request that Intervenor Wells Eddleman respond in writing to this request for production of documents and produce the original or best copy of each of the i

documents identified or described in the answers to each of the above interrogatories, at 1

a place mutually convenient to the parties.

Submitted by:

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Dale E. Hollar, Esquire Richard E. Jones, Esquire

Carolina Power & Light Company i

Post Office Box 1551 Raleigh, North Carolina 27602 (919) 836-8161

< Thomas A. Baxter, P.C.

Delissa A. Ridgway, Esquire Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W. '

Washington, D.C. 20036 (202) 822-1000 Dated: November 25,1985 i

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U'ihdC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g BEFORE THE ATOMIC SAFETY AND LICENSING BOARD C In the Matter of )

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CAROLINA POWER & LIGHT COMPANY )

AND NORTH CAROLINA EASTERN ) Docket No. 50-400 OL MUNICIPAL POWER AGENCY )

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(Shearon Harris Nuclear Power Plant) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Emergency Planning Interrogatories and Request for Production of Documents to Intervenor Wells Eddleman (Third Set)" were served this 25th day of November,1985 by deposit in the United States mail, first class, postage prepaid, to the parties on the attached Service List.

Dale E. Hollar

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Associate General Counsel Carolina Power & Light Company Post Office Box 1551 Raleigh, North Carolina 27602 (919) 836-8161 Dated: ;jovember 25,1985 0

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SERVICE LIST hmes L. Kelley, Esquire M. Travis Payne, Esquira Atomic Safety and Licensing Board Edelstein and Payne U. S. Nuclear Regulatory Commission Post Office Box 12643 Wrshington, D. C. 20555 Raleigh, North Carolina 27605 Mr. Glenn O. Bright Dr. Richard D. Wilson Atomic Safety and Licensing Board 729 Hunter Street U. S. Nuclear Regulatory Commission Apex, North Carolina 27502 W .shington, D. C. 20555 Mr. Wells Eddleman Dr. James H. Carpenter 806 Parker Street Atomic Safety and Licensing Board Durham, North Carolina 27701 U. S. Nuclear Regulatory Commission Wr.shington, D. C. 20555 Thomas A. Baxter, Esquire Delissa A. Ridgway, Esquire Charles A. Barth, Esquire Shaw, Pittman, Potts & Trowbridge Myron Karman, Esquire 1800 M Street, NW Office of Executive Legal Director Washington, D.C. 20036 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Bradley W. Jones, Esquire U. S. Nuclear Regulatory Commission Docketing and Service Section Region 11 Office of the Secretary 101 Marietta Street U. S. Nuclear Regulatory Commission Atlanta, Georgia 30303 Washington, D. C. 20555 Robert P. Gruber Mr. Daniel F. Read, President Executive Director Chapel Hill Anti-Nuclear Public Staff Group Effort North Carolina Utilities Commission Post Office Box 2151 Post Office Box 991 R leigh, North Carolina 27602 Raleigh, North Carolina 27602 Dr. Linda Little Mr. Joe Flynn Governor's Waste Management Board Associate General Counsel 513 Albemarle Building Federal Emergency Management Agency 325 Salisbury Street 500 C Street, S.W.

Rtleigh, North Carolina 27611 Room 480 Washington, D. C. 20740 J:hn D. Runkle, Esquire Conservation Council of North Carolina 307 Granville Road Steven Rochlis Chapel Hill, North Carolina 27515 Federal Emergency Management Agency 1371 Peachtree Street, N.E.

H. A. Cole, Jr. Esquire Atlanta, Georgia 30309 Special Deputy Attorney General Antitrust Division 200 New Bern Avenue Rtleigh, North Carolina 27601 O #

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